Oh, this is rich. via Junkscience.com, Mann claimed he was “baited” into filing a lawsuit.
Satirical cartoon from Cartoonsbyjosh.com
Michael Mann filed three briefs last week in the ongoing defamation lawsuit. In one he claims:
In view of the defendants’ initial public bravado regarding Dr. Mann, their latest attempt to avoid a trial on this matter rings hollow–and basic principles of equity and fairness should estop them from now seeking an appeal. Defendants baited Dr. Mann to file this lawsuit.
After he asked for a retraction and apology, the defendants told their readers that they would welcome a lawsuit because it would give them the opportunity to take discovery from Dr. Mann and his colleagues.
They boasted they would hire dedicated staff to sift through that discovery and make it publicly available.1 They raised hundreds of thousands of dollars from their readers to pursue this discovery. They proclaimed they would “kick” Dr. Mann’s “legal heinie” in court.
LEGAL_17107968v1_OppositiontoMotionforInterlocutoryCertification Click for the brief.
One only has to look at Dr. Mann’s Twitter account to see examples of his ‘climate baiting’ in action on a daily basis. #kochmachine #kochtopus #deniers #antiscience, etc.
Dr. Mann is conflating satire at his hockeystick driven web antics with defamation. His claim of “baiting” is nothing more than a psychological projection of his own immature actions and he seems clueless that his own super-sized monolithic ego is the reason that he’s in the position he’s in.
As Dr. Roger Pielke Jr. once quipped:
If Michael Mann did not exist, the skeptics would have to invent him.
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How Mann vs ManKind
What a clueless buffoon.
Last poll I saw in VA gubernatorial race, Cuccinelli was ahead, but both in the 30%s.
http://dailycaller.com/2013/07/29/cuccinelli-leads-in-one-poll-as-mcauliffe-scandal-mounts/
Haven’t found a more recent one. Not much public polling yet.
http://www.realclearpolitics.com/epolls/2013/governor/va/virginia_governor_cuccinelli_vs_mcauliffe-3033.html
I envision a cartoon of Mr. Mann like this: Mann desperately tries to use two hockey sticks as oars in a row boat to escape the pull of a gigantic waterfall named “historical truth.”
Mikey plays the victim so well, he deserves an Oscar award. Oh wait, he can give it to himself.
Never mind.
Ahh.. the Geraldine (Flip Wilson) defense — “the devil made me do it!”
Satiracal actions or not, NRO is getting what they wished for, albeit in what looks like a kangaroo court.
Read the filing. They call the ruling against the dismissal motion ‘well reasoned’ apparently with a straight face.
He can drop the suit anytime he wants.
He can run for NY mayor too.
Although I’m myself representative of the trial lawyers’ prey species (I’m a physician), I’m not by any means conversant with the usages of the litigator’s art. Just how the hell does an allegation that a plaintiff had been “baited” into filing a defamation lawsuit bear upon the conduct thereof?
Did competent counsel not advise Dr. Mann that in filing this suit against the defendants, all of his work would be subject to discovery in order to explore the legitimate substantive defense that their assertions regarding Dr. Mann had been nothing more than truthful statements about his conduct?
This is an exit strategy so he can back down saying he was forced to, or has the ego landed and his fully jumped the shark and is about to find himself in court ?
Lets hope the second option as he as show his no ability to deal with but friendly questions , and no judge is going to put up with his BS and lies .
Hmm. The brief lists the “next event” (presumably hearing) as 2013-09-27 but previously Judge Combs Greene announced her retirement in September .
I wonder who will preside over the next hearing?
The attorneys for Mann sound like children throwing a tantrum.
“But now, after an impartial court has ruled that their attacks on Dr. Mann crossed the line,
defendants are running for cover. Faced now with the prospect of financial liability for their
gleeful tirades, defendants do not want discovery, as it would involve discovery into their own
conduct. And they certainly do not want to face a jury of their peers. They are hoping to escape
by cloaking their conduct in an arrogant interpretation of the First Amendment without the
essential rigor of discovery into their knowing and reckless falsehoods. Plainly aware that such
discovery will boomerang to their own backsides, the defendants are looking for an escape. But
it is too late for that, and defendants’ hit and run tactics should not be countenanced. They asked
for this lawsuit. They got it. ”
As I understand it they asked the case be dismissed under the SLAPP provisions. The court disagreed. They asked for review of the Courts decision not to dismiss, stating this intermediate review – review of the applicability of the SLAPP statutes, was in the interests of judicial economy – that by reviewing the applicability of SLAPP now, it would save the costs and Court time of discovery etc. This is a reasonable position.
That they would ask for an intermediate review of the applicability of SLAPP is a justifiable and cost effective legal strategy – answer the interim question first, before proceeding, as an affirmative decision would moot the rest of the expenses and need to proceed.. That Mann’s attorneys would object is equally expected. Mann’s attorney’s seem to be a perfect fit – their pleadings are just as juvenile as Mann’s comments.
I think people are just being too harsh on this Nobel Prize Winner. :-p
Didn’t Mann claim to have suffered actual damage when he filed the suit? Baiting is not actual damage. Is Mann now saying that he lied in the filing of the suit?
Tucci78 says:
August 19, 2013 at 11:39 am
I suggest your problem is in the use of the word “competent”, Tucci.
You realize, of course, that “all of his work would be subject to discovery” simply means more work (at, say, $300-500/hr) for his salivating lawyers. That little detail obviously didn’t get discussed initially.
Like jumping off a sinking boat onto a killer whale, instigators of lawsuits have to watch their opponent and their “legal team” with equal skepticism.
Are you reading this Mikey? Maybe you should seek a second (or even third) legal opinion about continuing this lawsuit (but realize you may never be told the truth). Because lawyers always win, whereas plaintiffs and defendants seldom win–They always end up poorer, however.
My personal advice? CONTINUE BY ALL MEANS!!. I want to see all of your emails, “lost” data, recorded subterfuge, nasty conspiracies against honest scientists, etc., etc. along your bloody paper trail through life.
This should be fun!
Loved the cartoon 🙂
Alan Watt, Climate Denialst Level 7 said at August 19, 2013 at 12:08 pm
I wonder who will preside over the next hearing?
Same judge most likely. Retiring doesn’t really mean what it does in the private sector. A retired Fed Judge can and, usually does, keep their current cases and typically work on others.
If Michael Mann did not exist, the skeptics would have to invent him.
Too true.
Nice to see him getting closer and closer to legal discovery though. Let me guess … out of court settlement with a no public disclosure clause as his next move.
Good cartoon, Josh!
The climate master baiter claiming to be a baitee??
Remember, Mann’s lawyers will not attempt to correct his behavior while there is money available for his defense. I believe it would be unethical to not separate a fool from his money!
I doubt that Mann is paying his own legal fees.
Recommended subtitles: “What’s next on the menu“, “Hors d’oeuvre” or:
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. . . . . “To Serve Mann“.
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The full import of the title “The Tethered Goat” took a few minutes to sink in … I wonder if the warmists will at all comprehend the meaning?
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My Dad had his practice for 50 years. When he was in Med school the curriculum didn’t need to include legal courses. One impact I’ve noticed of Obamacare is the increase in law firms advertising for medical clients. (I’ve nothing against an honest lawyer. My uncles were lawyers. My beef is with the vultures that have a law degree.)
As fair as Mann goes, who’s baiting him not to drop the suit? Or is this a PR thing to try and paint him as the victim?