Team Kimberlin Post of the Day


It’s been a while since there was any noticeable activity in Schmalfeldt v. Grady, et al. LOLsuit VIII: Avoiding Contact. I haven’t been paying much attention to the details of the case because those are being handled by our pro bono lawyer.

I have my own theory on how the case will end, but I’m interested in knowing what the Gentle Readers believe will be the outcome.

Team Kimberlin Post of the Day


One of the complaints that The Dread Pro-Se Kimberlin has against me is that I publish this daily feature devoted to him, his associates, and their activities. I started covering Brett Kimberlin and his associates during the week of Everybody Blog About Brett Kimberlin Day in late May, 2012. After learning of his use of a blatantly unconstitutional gag order to silence Aaron Walker and of the actions that caused Stacy McCain to leave Maryland to protect his family’s safety, I decided to keep covering Team Kimberlin every day until Kimberlin’s campaign of ant-First-Amendment lawfare was brought to an end. I’m not the only blogger who has a continuing series of posts focusing attention on some legal issue. For example, Paul Caron (TaxProf Blog) single-handedly has kept covering the ongoing scandal related to the IRS and its unfair treatment of conservative organizations seeking 501(c)(3) status for over four years now.

As Team Kimberlin’s campaign of lawfare continues, so will this feature. Brett Kimberlin has multiple appeals of the cases he’s lost in the works. I’m an appellee in at least one of them. He also has another LOLsuit filed in the U. S. District Court. The Cabin Boy™ still has LOLsuit VIII: Avoiding Contact going. If there were no lawfare to report on and no further attempts were being made to use the courts or false criminal charges to suppress free speech, then there would no longer be a reason for this series of posts to continue. But Team Kimberlin’s lawfare continues, and so will these posts.

Stay tuned.

Legal LULZ Du Jour


The Dreadful Pro-Se Schmalfeldt seems to think that he can add defendants to LOLsuit VIII: Avoiding Contact without amending it. FRCP 20 allows permissive joinder of defendants for causes of action that arise out of the same events and that turn on the same questions of law. IANAL, but it seems to me that if TDPS is going to add defendants, he will have to add their names to the LOLsuit’s caption, identify them, and allege his claims against them. That will require additions to his complaint. If he changes his complaint, he will have to do that according Rule 15, and he’s used his freebie amendment. Further amendments will require the consent of all of the defendants (not likely) or the court.

He really needs the assistance of counsel.