Team Kimberlin’s LOLsuits have always wound up backfiring and becoming marvelous sources of pointage, laughery, and mockification. The TKPOTD from five years ago today dealt with one of them.
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Pro-Se Freeloader Schmalfeldt has posted some more of his yibble-bibble concerning his unique theory of spoliation of evidence. (No, I won’t link to it.) He seems to to think that an Illinois Supreme Court case is the controlling precedent for his theory. However, that case deals with a set of facts that have nothing to do with his situation, and, here’s the more important problem he faces, because he’s filed suit in a federal court, the Federal Rules of Civil Procedure and Federal Rules of Evidence apply.
When he meets with his lawyer on Wednesday, he should ask about FRCP 37 and sanctions against any party who engages in spoliation of evidence. He should, but I doubt that he will.
He should also ask his lawyer about the effect of dismissing Schamfeldt v. Grady, et al. (I), Case No. 15-CV-1241-RDB (D.Md. 2015) with prejudice has on the claims in LOLsuit VII: Degenerations. For example, if Grady must be dismissed because of res judicata, on what grounds can Sarah Palmer be haled into the U.S. District Court of the District of Northern Illinois? He should ask what effect his application for copyright registration for Confession of an Undercover Internet Troll in which he swore he was the author of a book that identifies it’s author as Paul Krendler could have on LOLsuit VII.
He should divulge a great many things to his freebie lawyer, and he should ask a lot of important questions. I bet he won’t.
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Whether the Cabin Boy™ was frank and honest with his freebie lawyer or not, the attorney was smart enough to make dismissal of the suit his first order of business, so LOLsuit VII died quickly.
BTW. Res Judicata Coffee Mugs and other merch are available at The Hogewash Store.