The Most Effective Legal Strategy Ever!


I’m two days late on this, but I had to chime in:

Bill Schmalfeldt has dismissed some of the 4,563 people who he had recently sued because they said things which made them sad.  He is now “concentrating” on Eric. P. Johnson and Sarah Palmer, while promising to return to Patrick Grady sometime later.

 

DISMISS

In effect, Bill is surrendering to some of the people he has sued.  He is focusing his attention on only the two others.  I assume that the other pseudonymous commenters are off the hook as well.  Good news for Cousin Roy,   The 13th Duke of Wymborne, Kobayashi Maru, AJ Fornicarious Hoc, JeffM, Gus Bailey, and Colonel Victor Trollpoker.

I am especially pleased for Colonel Victor Trollpoker, but sad that no judge had to ask the question “Is Victor Trollpoker in the gallery? We need Colonel Trollpoker”

I have read about all the stuff that’s been written by Sarah and EPWJ, and I’m not sure Bill can sustain any sort of case against them.  Sarah especially has simply quoted Bill, and occasionally provided opinion.  EPWJ’s comments fall into the category of harsh but legal comments.    Surely Eric’s comments were no harsher than Bill’s comments about others.  

Popcorn balls

Click Picture for a delicious recipe of the “only kind he’ll ever have.”

 

Online journalism, commentary and discussion are on the line here with the Schmalfeldt and Kimberlin cases.  If Bill wins, nobody can comment about others online — even the individuals who make themselves public persons through their online writings, recordings and books.  

 

Bill has at least once claimed that his sterling reputation was sullied by commentary by the Lickspittles and Zombies.  I would say that Bill’s own writings and recordings were made more famous by the commenters here and at other sites, but Bill made his own mess.

Running bravely away from confrontations with some defendants will not in fact make the others more scared.  Dismissing Grady, and admitting that the Krendler = Grady connection is weak, only emboldens the rest of the named defendants.

It would have been better to dismiss it all, take up knitting or online poker and quietly forget about it all.

 

This entry was posted in Education, Free Speech, Stupid and Evil, Uncategorized and tagged , , . Bookmark the permalink.

6 Responses to The Most Effective Legal Strategy Ever!

  1. Exactly. We know Cousin Bill will waffle under pressure, and is too damn cheap to hire an effective lawyer, so why fold to him?

    I own quite a bit of rental housing, some of it low income, and also some commercial rental space.

    When you are in those businesses, you get sued regularly, particularly when you evict people for cause.

    However, once word gets around that you never settle, take everything to trial, and are willing to spend 10x the requested settlement on legal fees, on principal, and that you WILL aggressively counter sue frivolous litigants, even if they appear to be “judgment proof”, not to mention pursuing discovery with a passions that burns…

    Well, let’s just say that the number of suits filed dwindles significantly. Most lawyers in my areas will not take cases against my businesses, because they know they will lose, either because my lawyers are the best available, and will quickly humiliate them in court if their case is weak, or because I will litigate until their client is broke, and can no longer pay them, leaving their case to peter out…

    Best defense? Good offense. With teeth.

    My lawsuit record across all my interests (business and personal) is currently 204 wins in court, against 7 losses, with 3 of those losses having counter suits in ongoing litigation. No settlements, ever. No arbitration. No pro se case filed against my interests has made it to discovery. And nobody has ever sued me more than once.

    I’m cutting a check, next week, for the total settlement in a case I lost on appeal, recently. Spent over $23k litigating it, plaintiff claimed to have spent nearly as much. The check? It’s for $106.14, when the plaintiff demanded over $80k, and legal fees. That amount was the total damages they could actually prove, and that we stipulated, the rest of their claims were frivolous, unjustified, inflated, or unprovable, so the judge stuffed them with their total legal fees.

    If they’d have asked for the $106.14 in the first place, they’d have received it ASAP, as it was a bookkeeping error on their first-and-last, of which we had already notified them, before they filed. Instead, they let their freshly minted lawyer talk them into a lawsuit, and now, four years later, they’ll get their money.

    And my counter suit.

    Land war in Asia? Yeah, I’m Asia…and I like it that way.

    Liked by 4 people

  2. Pablo says:

    Dismissing Grady, and admitting that the Krendler = Grady connection is weak, only emboldens the rest of the named defendants.

    It also makes clear that Bill has once again willfully violated Grady’s restraining order. He admits he has no viable claim against him, but he keeps filing and dropping lawsuits that have no discernible purpose but harassment.

    Liked by 3 people

  3. Paul Krendler says:

    Online poker would be no good for him.

    He’s a terrible bluffer, and I’d kick his ass sideways in that space too.

    Liked by 1 person

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