What a great Christmas present for Mike. It is back to square one for him with his lawsuit over what he views as libel by Mark Steyn and CEI.
For background, see this WUWT story:
Mann has filed suit against NRO (now the laughing begins)
Since the previous ruling this summer that said the lawsuit could go ahead was nothing less than a bad legal joke:
Mann-Steyn lawsuit judge inverts the defendants actions, botches ruling
…that ruling has now been nullified by a higher appeals court ruling, Mann’s case will now have to start over.
This new ruling seems pretty blunt. They basically accepted the ACLU amicus brief as fact, saying:
ORDERED, sua sponte, that the Clerk shall file the ACLU’s lodged amicus curiae response as its response.
The appeal was granted with no caveats or exceptions, suggesting that the appeals court views the decision by that wacky judge Natalia M. Combs Greene (now retired) this summer as being very badly flawed, much like the hockey stick itself.
FURTHER ORDERED, these dismissals are without prejudice to appellants filing new notices of appeals from orders denying a special motion to dismiss. Signed by Per Curiam
Here is the ruling:
Order_20131223144647 (PDF)
The order is a matter of public record as seen on the DC Courts website:
In related news, popcorn futures continue their unprecedented climb:
Can we avoid a…Green(e) judge this time around?
Greene by name, green by persuasion?
Love the Popcorn graph…
Merry Christmas from the Man to the Mann!
I really miss English. I think that Gibberish is just part of the Elitists’ weaponry to keep the Working Stiff consuming his Mushrooms in darkness.
HIlarious – maybe he should mann up and drop the libel case, rather than wasting more taxpayer’s money…
Dang! I could have made my fortune on popcorn futures, but I got in too late!
I guess my donation to the legal fund did the trick. I urge more people to do the same.
One more go around? Whole thing should just be thrown out.
Reblogged this on Power To The People and commented:
Another go around? Why not just throw the whole thing out.
Love the Popcorn graph…….it seems……familiar……
Well as long as some lawyers got to make some money…I’m happy.
[snip – let’s not go there -mod]
Well, “without prejudice” indicates to me we’ll be hearing more about this at a later date. Unless Mann finally comes to his senses and just drops it.
The only way I know of libelling Mann is by describing him as a scientist.
Is that what this is all about?
@ur momisugly Peter Miller – Oh yes! – your comment sums it up for me!!
Dismissed “without prejudice”, huh?
The contrast with how Mann et al. “treated” their data (prejudiced) could not be more ironic, could it?
Usually judges write reasons for their decisions. Does anyone know if those will be forthcoming?
Can I just be grateful that sometimes, even judges do the right and sensible thing.
Also, since it has just turned Christmas Eve in (very windy and wet) Wiltshire, England, may I please wish everyone here (host, mods (special thanks to you guys for your constant but very relaxed vigilance) and contributors) a Merry Christmas and a Happy New Year.
Lolz…
Maybe this next attempt he’ll be an oscar winner
The popcorn graph is a great Christmas gift.
I’m confused. ….an Oscar Weiner….? What is the status of the lawsuit? *I* don’t want it to stop…. *I* want the little twerp to supply some information in disclosure.
Is this, essentially, over, now? ….Lady in Red
What an idiotic, petty lawsuit. There was no comparison with Sandusky; it was just a rhetorical device.
Lady in Red:
If this were a game of Sorry!, Mann would have just got kicked back to Square 1. Essentially, the Appeals Court said that the previous judge had her head up her you-know-what and kicked the case all the way back to, as I said, Square 1.
It is now up to Mann to decide if he A) Wants to start all over again, from the very beginning, or B) Pack it in and admit defeat and drop the lawsuit.
Couldn’t happen to a nicer guy, IMO; Merry Christmas and a Happy New Year, Mr Hockey Stick…
Lady in Red,
It isn’t over just sent back to the starting line.