I’ve seen a lot of litigants say a lot of really, really dumb things over the years. They’ve talked back to judges, acted out in court, made threats in front of witnesses, or just communicated abject stupidity in some form or another. Usually, when or if the court becomes aware of what has been said, a rebuke is given and, lesson learned, the chastened offender backs off, at least for the moment. It is rare, though, that some party’s statement makes it to the court’s attention that is so bad, so reflective of a twisted or sick mind, or so utterly contemptuous that it imperils the party’s prospects for achieving a desirable outcome in the case.
I saw one today.
I am confident that this tweet will be seen by Judge Hecker before the end of trial this week and subsequently, and most damagingly, by the federal district court in South Carolina hearing The Oaf’s current LOLsuit. I cannot believe that when these things happen they will not have, from Our Oaf’s point of view, extremely negative outcomes. Let’s analyze.
“Why would I?
What an incredibly dumbass question! Because you were ordered to by a court in a case where you were a party in a contempt proceeding? Because you have significant exposure in a trial long and duly scheduled before that court? Because your express request to be excused from in-person attendance was expressly and pointedly denied by that court?
“[South Carolina] is where all the FUN is gonna happen.
Oh? What FUN might that be, Mr. Oaf? Aren’t you pursuing a lawsuit there? Do you think that it is “FUN” to do that? Isn’t it a strong possibility that the judge presiding over your case there will in fact take a really dim view of your interesting method of forum selection- to deride and then ignore the proceeding you don’t prefer in favor of one in another place that would be more FUN? You are going to get blasted over this, and you know it. You have just given the Twitter equivalent of the middle-finger salute to the entire court system.
But let’s not ask me. I’m a member of the Vast Zombie/Lickspittle Conspiracy, right1? Let’s see what Billy Sez about the Low-life Litigant’s tweet.
Well, welcome back to the Artisan Craft Blog. We don’t see much of you these days, although the smell tends to linger… Can we talk for a bit about The Oaf’s tweet today?
OK, and before we do, do you have any ground rules?
All right, and so did you really just send out a tweet that said, in sum, why would you attend trial in the Hoge litigation in Maryland when all the FUN was going to happen in your litigation with him in South Carolina?
On notice of something concerning The Oaf? What would that be?
What do you think went through The Oaf’s mind about ten seconds after he hit the “send” button on that tweet?
Is that it?
Yeah, that sounds like a true and brutal self-assessment of the situation. What do the other members of Team Kimberlin think about the tweet?
What are your own thoughts about Twitter at this point?
And Team Good Guys, I’m sure they are doing a lot of pointing, laughing and mocking right now. Do you have any thoughts on the tweet in their regard?
What, mock their PLM or them mocking the tweet?
Well, you started this discussion by writing res judicata into that order…
OK, OK, calm down. Do you think that there are any lessons The Oaf might learn from this situation?
Yep, that’s a good one. Any others?
Do you think that there might be some benefit from an intervention here? I mean… others might have some better insight in these sorts of situations.
So, I guess that’s one view of what happened. Any last words before we close this out?
Uhh, isn’t that a little bit, err… delusional under the current circumstances?
Oh, we don’t know. Just a sense… But OK, if this didn’t happen as a result of “loss of executive function,” what is fair to say to you about the tweet? You have the last word.
1 Even though… Oh, I give up. Come on, Bill. Try me.