Team Kimberlin Post of the Day


On the one hand, it can be a pain in the neck ( or a couple of feet lower) to be the target on one of Bill Schmalfeldt’s failed LOLsuits. OTOH, those suits have been bountiful sources of  pointage, laughery, and mockification as this post from two years ago about A Bad Day in St. Francis shows.

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Judge Joseph has issued an order dealing with all of the open motions in the LOLsuit VI: The Undiscovered Krendler except for the defendants’ motion to dismiss.

“… nonsensical, not to mention impractical.” Yep, that’s about the size of it.

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When a judge starts referring to a litigant’s filings as “nonsensical, not to mention impractical,” you’d think that litigant might begin to wonder whether the court considers him to be credible and consider withdrawing his case. But LOLsuit VI: The Undiscovered Krendler was filed by The Dreadful Pro-Se Schmalfeldt, so months of further PLM ensued.

And some of us did well with our popcorn futures.

Team Kimberlin Post of the Day


Not everything goes as I expect. The TKPOTD from two years ago today reported such an occurrence.

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There’s been a disturbance in the Farce, and something has proceeded in a way I didn’t foresee.

popcorn4bkThe Dread Pro-Se Kimberlin has filed a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court) seeking an appeal of his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit in the Circuit Court and the Court of Special Appeals affirming of that loss. I really thought that TDPK would have been smart enough to know when his licked. Apparently, he’s dumber than I thought.

I should have bought more popcorn futures.

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Of course, the Court of Appeals denied TDPK’s petition. At that point, he failed to petition the Supreme Court for a writ of certiorari, and his loss became final. That did proceed as I foresaw.

Law Schools v. First Amendment


The recent reports of law students at CUNY shouting down a speaker on campus seem to be part of a troubling trend of opposition to citizens’ civil rights secured by our Constitution, the Bill of Rights, and subsequent amendments. CUNY Law’s National Lawyers Guild chapter tweeted that “free speech” activists are “not welcome at our PUBLIC INTEREST school.” Assuming they can pass a bar exam, these students will become the lawyers and judges who will be charged with protecting those rights. I don’t find that encouraging.

Further, the misbehavior of those CUNY students is not an isolated incident, and the support they have received from their school’s dean is not out of line with the actions of staff and faculty at other law schools. Consider that the law firm representing the plaintiff in the Gilmore v. Jones, et al. defamation lawsuit is the Civil Rights Clinic at the Georgetown University Law Center. An academic civil rights clinic is attacking the First Amendment?

The mind boggles.

Or it would have a few years ago.

More Gilmore v. Jones, et al. News


Two more defendants, James Hoft (of Gateway Pundit) and Lee Stranahan, have filed a joint motion to dismiss the Gilmore v. Jones, et al. LOLsuit.

The Gentle Reader who has been following First Amendment issues here at Hogewash! will likely find the defendants choice of legal counsel interesting.

Team Kimberlin Post of the Day


Only one claim in one of the LOLsuits filed by Team Kimberlin in the past six years has made it past a motion to dismiss. That was the civil rights claim against Patrick Frey that survived when the original RICO Madness LOLsuit degenerated into the RICO Remnant LOLsuit. Three years ago today, Hogewash! published Patrick Frey’s answer to that LOLsuit.

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Ron Coleman, the lawyer representing Patterico in the remaining embers of The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness, has filed the following answer to TDPK’s second amended complaint.

The money quote is in paragraph 147.

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The answer to paragraph 152 is pretty good too.

Team Kimberlin Post of the Day


There’s an old lawyer’s saying that when the facts are against you, stress the law; when the law is against you, stress the facts; and when the facts and the law are both against you, yell and pound the table. When yelling and pounding fail, Team Kimberlin provides us with Legal LULZ.

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SRUs201604151839ZIs either The Worst Attorney Teabagger® or TWAT® a registered trademark? If so, does either one belong to the Cabin Boy™?

17 U.S.C. § 1326 PENALTY FOR FALSE MARKING
(a) In General.—Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306, or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense.

(b) Suit by Private Persons.—Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States.

There’s a big difference in the meaning of ® compared to ™.

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Everyone time Team Kimberlin has filed a motion for sanctions against a defendant or defendants counsel, the motion has failed. Their motions to sanction third parties have failed. But there’s no surprise there. After all, all of their LOLsuits have been the equivalent of a knife at a gunfight.