Team Kimberlin Post of the Day

One of the running gags in this blogs coverage of the Team Kimberlin has been the suggestion that they have been getting their legal counsel from the the legal department of the same Acme Corporation that has sold all those fine products to a certain coyote. Brett Kimberberlin’s current petition for a writ of certiorari at the Supreme Court reads like Acme could have written it. This tweet from eight years ago today was about Bill Schmalfeldt and More Acme Law from the Cabin Boy™.

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res_judicata_mugsThe Cabin Boy™ seems to think that he is entitled to a second bite at the apple with “Roy Schmalfeldt.” IANAL, but I don’t believe he is. Rereading his amended complaint in the Schmalfeldt v. Grady, et al. LOLsuit, it is obvious that he sued the person using the name “Roy Schmalfeldt” who made the claim in a comment over at TMZ that the Cabin Boy™ was a rapist. He includes a copy of the offending comment as an exhibit to his amended complaint. The Cabin Boy™ also dismissed his complaint with prejudice. As I understand things, such a dismissal counts as a finding on the merits in favor of the defendants. That would seem to mean that res judicata prevents the Cabin Boy™ ever again suing the person who made the rape comment about that comment. The matter is settled, and no court in the United States, state or federal, can take it up again.

Game over.

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While I don’t advise anyone to refer to members of Team Kimberlin as rapists or pedophiles, I will note that Schmalfeldt and Kimberlin all of their defamation LOLsuits.

A Reminder—the betting calendar for the date the Supreme Court denies Kimbberlin’s cert petition is posted in the break area. I’ve taken 12 January, 2024.

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