Team Kimberlin Post of the Day

Here’s another fun factoid from the results of The Dread Pro-Se Kimberlin’s campaign of lawfare against Aaron Walker. For four years now, TDPK’s has been lying about what happened during his confrontation with Aaron outside of Judge Rupp’s courtroom on 9 January, 2012. His claim that he was assaulted has been rejected by every judge that has examined it. When he sought his first peace order against Aaron, the judge found that harassment could be a basis for the order but not assault. (Note that the order was overturned on appeal because there was no evidence of harassment either.) Most recently, he sued Aaron in the RICO Retread LOLsuit alleging battery during the 2012 courthouse incident, and he lost, so now TDPK has both the doctrines collateral estoppel and res judicata preventing him from being able to sue again about the assault that never happened.Shirts

Brett Kimberlin’s campaign of lawfare has not only failed to silence his critics, it is having the additional effect of vindicating them. The Streisand Effect merely results in boomeranged publicity. The Kimberlin Effect is turning out to be even more disastrous.

It’s gonna take a while for the whole story to play out, but I’ll be covering it here.

Stay tuned.

Team Kimberlin Post of the Day

During the Kimberlin v. Walker, et al. trial last year, Brett Kimberlin accused Aaron Walker, Stacy McCain, Ali Akbar, and me of defaming him by calling him a “murder,” a “terrorist,” and a “pedophile.” He lost that case because he could not prove that anything we said about him was false.

2015 should bring more legal findings related to The Dread Pro-Se Kimberlin.

Stay tuned.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has tried to claim that he isn’t a public figure. That’s rubbish. He became an infamous public figure as a result of his convictions for drug smuggling, bombings, etc. Since then, he’s sought publicity by means of the “music” he has inflicted on the public. Still, he included this in his second amended complaint for the Kimberlin v. The Universe, et al. RICO Madness—ECF 135-39

This is yet another “so what?” TDPK’s status as a public figure is only important insofar as it bears on his defamation claim. Since he’s suing under Maryland law, that means that it has no bearing on the case. You see, in Maryland the standards for proving defamation are the same for private individuals and public figures.

collateral estoppel t-shirtAs of now, we have a final judgment in the Kimberlin v. Walker, et al. nuisance lawsuit that Kimberlin didn’t present a “scintilla” of evidence that he had been defamed. That’s a settled matter now. Res judicata and all that. Moreover, there is case law saying that collateral estoppel applies not only to the points he tried to raise in that suit but also to all the matters available for him to raise in support of that claim of defamation. His defamation claim is not only merely dead, it’s really, most sincerely dead.

popcorn4bkWhich brings us to the Contest. No one has caught the fatal error that Aaron Walker found in TPDK’s motion for a new trial in the Kimberlin v. Walker, et al. case. There’s a Hogewash! Res Judicata coffee mug waiting for the winner.

Meanwhile, the timer is ticking down on the due date for TDPK’s omnibus opposition to the motion to dismiss the RICO Madness.

Stay tuned.

UPDATE—A bit of clarification … TDPK is trying to make a damage claim based on defamation per se. Under Jacron Sales Co. v. Sindorf, 277 Md. 165, 352 A.2d 810 (1976), a private individual seeking such damages must meet the same standard of proving actual malice as a public person would under NYT v. Sullivan.

Team Kimberlin Post of the Day

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.

popcorn4bkIf 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.

Stay tuned.

Team Kimberlin Post of the Day

One of The Dread Pro-Se Kimberlin’s complaints against me in both the state Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness is that I engage in my First Amendment right to comment on his past and present behavior. He wrote this in his second amended complaint in the state suit—

BKvAW2013SAC-31The Gentle Reader who has been following The Saga of the Dread Pirate Pro-Se Kimberlin for a while will remember that TDPK’s state nuisance lawsuit collapsed when he failed to provide even one “scintilla” (Judge Johnson’s word) of evidence of falsity in any statement made by any defendant in that case.

TDPK has tried to make a similar allegation in the RICO Madness.ECF 135-139

Since defamation is a state law claim, TDPK has to prove the elements of the tort as prescribed by Maryland law. That means he must show what was said about him was false. He can’t do that. That’s already been adjudicated in the state case in the favor of Aaron Walker, Stacy McCain, Ali Akbar, and me, and he is barred by collateral estoppel arguing otherwise in any further case, including the RICO Madness.

I’ve made it clear that I intend to keep writing about Brett Kimberlin until he is brought to justice. The Gentle Reader should not be surprised to learn that part of my definition of his being brought to justice includes his losing his vexatious lawsuits. By delaying the final resolution of any of them, he increases the amount of time and bandwidth I will spend on telling his story on the Internet. His delaying tactics have the effect of turing the Streisand Effect up to eleven.

collateral estoppel t-shirtOh, one more thing … Collateral Estoppel swag is available for purchase at The Hogewash Store. Stop by a spend some money on a t-shirt or drinkware. The profits go to support this blog and fund the expenses of defending against TDPK’s vexatious lawsuits. If you’d like to help my fellow defendants as well, go to Bomber Sues Bloggers to find out how.

 

Team Kimberlin Bonus Post of the Day

After two days of trial and enough words to consume over 400 pages of transcript, The Dread Pro-Se Kimberlin’s vexatious Kimberlin v. Walker, et al. lawsuit boiled down to this one sentence finding by Judge Johnson:

There’s not one scintilla of evidence in this case that the statements that were made by these individuals were false.

Res judicata. Collateral estoppel. They should both apply to the Kimberlin v. The Universe, et al. RCIO Madness.

Team Kimberlin Post of the Day

This is from The Dread Pro-Se Kimberlin’s defamation claim in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-237collateral estoppel t-shirtNow that TDPK has lost his defamation claim in the state Kimberlin v. Walker, et al. nuisance lawsuit, perhaps I can trick you Unsuspecting Readers into spend some of your hard earned cash on Collateral Estoppel goodies from The Hogewash Store. Or perhaps I can interest you in some Hogewash! Res Judicata trinkets.

It doesn’t seem that TDPK has yet figured out that he should cut his losses and drop the RICO Madness, so we probably have to finish slogging through the motion-to-dismiss stage of that lawsuit. That may take a while. Therefore, you Unsuspecting Readers may wish to stock up on popcornJujubesRaisinetsJunior MintsMilk Duds, or Red Twizzlers available via Amazon.

Team Kimberlin Post of the Day

Here’s a bit of wishful thinking from the Dread Pro-Se Kimberlin—ECF 175-para2That’s the second paragraph of the letter he sent to Judge Hazel asking for more time to file for a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness. What he doesn’t tell the judge is that there’s a hearing in the state case this Thursday on a preliminary injunction in that case. If it’s not granted, that should pretty much chop the legs out from under a similar motion in the RICO Madness. The hearing on Thursday will also deal with motions for summary judgment on the remaining counts in the state case. If we prevail on those motions, there will be not trial. That should result in essentially all of TDPK’s defamation and false light claims in the RICO Madness going away because of collateral estoppel.

Milk DudsSo Thursday could be a very big day. The Gentle Reader should stock up on popcorn, Jujubes, Raisinets, or Junior Mints. And if those don’t strike your fancy, Hogewash! is now offering Milk Duds via Amazon.

Stock up, and stay tuned.

Team Kimberlin Post of the Day

On 1 July, Judge McGann granted a motion for summary judgment dismissing the Dread Pro-Se Kimberlin’s claim of intentional infliction of emotional distress in the Kimberlin v. Walker, et al. nuisance suit. That is a ruling on the merits that there were no undisputed facts in evidence and that as a matter of law TDPK could not show that Aaron Walker, Stacy McCain, Ali Akbar, or I had intentionally inflicted emotional distress upon him.

That’s now a settled matter, and the ruling forecloses the possibility of TDPK being able to  make the same claim against us in another lawsuit, including the RICO Madness. The intentional infliction of emotional distress claims in the two suits are very similar. The column on the left is from the state Kimberlin v. Walker, et al. suit. The claim from the Kimberlin v. The Universe, et al. RICO Madness is on the right.BK SACs IIEDpopcorn4bkEven if the state summary judgment didn’t prevent TDPK from making an intentional infliction of emotional distress claim in the RICO Madness, his allegations are hopelessly defective—as I will point out in my motion to dismiss. Coming soon.

Stay tuned.

Team Kimberlin Post of the Day

Now that The Dread Pro-Se Kimberlin has lost on five of the seven claims of his Kimberlin v. Walker, et al. nuisance lawsuit, it’s time to add a new legal term to the conversation—collateral estoppel. It’s a bit of common law, somewhat related to res judicata, that prevents a person from relitigating an issue. Once a court has decided an issue of fact or law necessary to its judgment, that decision precludes relitigation of the issue in a suit on a different cause of action involving a party to the first case.

For example, The Dread Pro-Se Kimberlin alleged in the Walker suit that Aaron Walker, Stacy McCain, Ali Akbar, and I committed certain torts (and a couple of non-torts he imagined as well). We now have a judicial determination that his allegations were without merit. That means that he may not continue to raise those claims in another lawsuit, at least, not against Aaron, Stacy, Ali, and me.

Tuesday’s ruling will likely find its way into several motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness.