While Team Kimberlin’s PR flacks spent a plenty of pixels forecasting the direst of dire direness for us defendants in their various LOLsuits, my coverage of their lawfare has been fact based. Oh, I’ve offered my opinions that they would fail, and I’ve noted some interesting side benefits for the ways they’ve failed. The TKPOTD for seven years ago noted one of those consequences.
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The Dread Pro-Se Kimberlin watched his Kimberlin v. Walker, et al. nuisance lawsuit fall apart in state court. Five of his seven counts were shot down in summary judgment. What that means is that, given the undisputed facts agreed to by both sides, he had no case as a matter of law. The other two counts were so unsupported by facts that the judge stopped the trial after TDPK rested his case and granted us defendants a directed verdict.
I’ve written in the past about how the results of the state case should affect the Kimberlin v. The Universe, et al. RICO Madness through the doctrine of collateral estoppel. However, the directed verdict in the state trial has caused another problem for TDPK. Because we never had to put on our defense, he has no idea what we would have presented. He is completely in the the dark about the nature, depth, and quality of the evidence we amassed. He has no idea what insights our investigations have given us. He has no idea what leads we are prepared to follow up if the RICO Madness gets into discovery. He has no idea who we intend to depose. He has no idea what documents we already possess.
If TDPK had a clue, he’d be filing a motion to dismiss the RICO suit against all the defendants. I sincerely doubt that his ego will allow him to do the wise thing. I fully expect that he will ride the RICO Madness down in flames. I also expect that Hogewash! will chronicle the crash.
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He still has no idea of the scope of the evidence my codefendants and I have. It would be very unwise for Brett Kimberlin to ever cause me to have to defend another suit.