Team Kimberlin Post of the Day

LOLsuits I through VIII were labels I gave to the suits Bill Schmalfeldt filed against various people who spoke or wrote about him on the Internet. I was a defendant in four of them, but not in LOLsuit V: The Final in Maryland. Initially, there was only one defendant in that case, Patrick Grady, who Schmalfeldt claimed was the anonymous blogger Paul Krendler. He later added six more defendants: Scott Hinckley; David Edgier; and four blogger/commenters, “Roy Schmalfeldt,” “Grace,” “Ashterah,” and “Howard Earl.:

When it became obvious that Schmalfeldt’s case was going nowhere and he had decided to flee Maryland, Schmalfeldt moved to dismiss the case. With prejudice. However, it turned out that he misrepresented the actual status of the case to the judge, and one of the defendants sought to correct the record. This post, Another Lie Noted, first ran seven years ago today.

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Judge Bennett has taken note of one of the Cabin Boy’s™ falsehoods and corrected the record for LOLsuit V: The Final in Maryland.

UPDATE—We will undoubtedly be seeing something on teh Twitterz (or not seeing something on some unread blog) about the Cabin Boy™ frothing at the keyboard concerning the unfairness of my characterization of the wording of the proposed order he submitted with his motion to dismiss.

When he filed his motion, no one had answered his complaint. However, before the dismissal was granted, Scott Hinckley had filed an answer. That rendered the extraneous comment about no answer being filed false, and the Cabin Boy™ did not withdraw it. Nor did he ask the court to correct the error. Thus, he has misrepresented the facts through his inaction.

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res_judicata_mugsLawyers have told me that by dismissing the suit with prejudice, Schmalfeldt effectively gave the defendants a win on the merits of the case and that the legal doctrine of res judicata should shield them from further claims for acts alleged in the suit or which could have been raised in it.

That would include this claim.Hmmm.

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