Kimberlin v. National Bloggers Club 12(b)(6) Decision: A good start

If you’re following this wacky case, or even if you’re just a beginner, you will find the decision below on the defendants’ motion to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6) very interesting, at the very least.

Your blogger made the motion that resulted in this order on behalf of a bunch of these defendants — Patterico (Pat Frey), Liberty Chick (Mandy Nagy), Ace of Spades HQ and, kind of, in a moral, spiritual sense, Ali Akbar — as it happens*, so to me it’s so very interesting that it gets to be this post.  Unfortunately our work here is not yet done, but this is a good start.

Thanks are due to the esteemed Maryland attorney Bruce Godfrey who stepped up to act as pro bono local counsel when the majority of the organized bar was too chicken — in one case, so shamefully chicken that even I have not had the temerity to write about it yet — and was a man where a man was needed when the other million lawyers in America ignored our very public plea for help.

Speaking of which, thanks, of course, to the ever-lovin’ Popehat — the real West Coast Popehat, i.e., the formidable (in so many ways) Ken White, a very busy guy who found time to help out with this piece of business too, both behind the scenes (unofficially but very much for really) and in the ether.

Ken and whatsisname have been working this beat, and this prestigious client (Pat Frey), together for a while now.  In fact the long-awaited appeal from the District Court decision in a predecessor to this case, Naffe v. Frey, (which came out a little neater for Patterico) has finally been scheduled for May 6, 2015 in Pasadena.  Seeing as how I’m — amazingly — going to be pretty much in the neighborhood that week, Popehat has graciously allowed me argue for affirmance before the Ninth Circuit.

And isn’t a little affirmance what we’re all looking for?

UPDATE:  OK, we’re looking for link love, too — a man’s got to make a living, and SEO (which generates paying clients too — really!) is my meat.  So thanks for the link here from that certain Anonymous Contributor to the multi-contributor, NSFW Ace of Spades HQ Blog, which non-natural-person defendant was dismissed from the case.

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* Clarification:  That means that other defendants, who were also dismissed, achieved this without my help at all — either by virtue of their own motions, made pro se, or motions made by their own lawyers.

Originally posted 2015-03-17 18:04:05. Republished by Blog Post Promoter