Michael Mann forced into a "do-over" in Mann -vs- CEI & Steyn

Mann-Steyn-OrderWhat 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:

Mann_DCcourts_record

In related news, popcorn futures continue their unprecedented climb:

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Taphonomic
December 23, 2013 6:58 pm

wws says:
Quite a good explanation of the finding.
For those interested, the ACLU amicus curiae brief is at:
http://global.nationalreview.com/pdf/Mann-ACLU-amicus.pdf
Several other groups also filed amicus curiae briefs knocking the original ruling regarding the way that SLAPP laws were not followed. These include the reporters committee for freedom of the press:
http://journalists.org/wp-content/uploads/2012/01/2013-11-18-mann-v-national-review.pdf
and The District of Columbia:
http://global.nationalreview.com/pdf/Mann_Motion-to-File-Amicus-11-22-13.pdf
Additionally, while Judge Greene retired as a Superior Court judge she is still a judge and screwing things up in other courtrooms as a senior judge:
http://legaltimes.typepad.com/blt/2013/12/dc-judge-reproached-for-inappropriate-comments-.html

Potter Eaton
December 23, 2013 7:00 pm

wws has explained it correctly. What they are arguing about is whether Mann’s suit is essentially a suit to shut Steyn and others up and make them pay legal fees when they are simply exercising their constitutional right to express what are clearly political opinions on issues of the day, albeit mockingly phrased. The suit still has to pass the smell test of whether it’s legitimate and not simply an attempt to use the legal system to attack and punish a political enemy. All the argument so far has been to determine whether the suit is even legal.
When a judge makes a stupid mistake like that, she ought to forfeit her pay for the time she put into the case.
I can’t imagine a real judge is going to let this go to trial.

OssQss
December 23, 2013 7:06 pm

Perhaps we now have some light as to why the AGU conference sponsored legal advice this year …..
Think about it!!
That wasn’t an accident folks.

Janice Moore
December 23, 2013 7:06 pm

wws — a valiant effort (and very close) for one whose main area of study is not law.
To clarify: “…trial court granted appellee’s motion to file his lodged amended complaint and docketed the amended complaint and appellants then filed new special mounts motions to dismiss, which remain pending.”
The appeal was essentially held not ripe, i.e., the appeals courts held that it did not have jurisdiction and it would be better for the new trial judge (Weisberg who replaced Judge Combs-Greene last summer) to rule on the Defendants’ (Steyn, et. al.) newest (or “special”) Motion to Dismiss (this is not an “appeal”) the Plaintiff’s Amended Complaint.
The Defendants’ Motion to Dismiss was denied by Combs-Greene last summer in an opinion using ludicrous reasoning, i.e., irrational on its face (yes, I read it). She then denied their Motion to Reconsider that ludicrously reasoned Dismissal (even when her blatant errors were carefully and thoroughly pointed out to her).
Unless Judge Weisberg is either a pro-AGW camp political tool OR dumb as a post OR psychotic (he is almost certainly not either of the second two options, and, from what I’ve read, he is a fair-minded man of integrity). Thus, unless Weisberg succumbs to threats (and hopefully there will be none) of serious harm to himself or those he cares about, Steyn and NRO are bound to win (yes, Mann’s case is that bad). That is, Judge Weisberg is highly likely to grant their pending Motion to Dismiss at which point: GAME OVER (at trial court level — next step = possible appeal by loser Mann).
I sure hope they get fees and costs, too (not likely — pretty difficult to prove a Complaint was “frivolous” or done solely to harass; this is in the law to encourage legitimate plaintiffs where the risk of not only losing their case but of also owing fees and costs to the defendant would prevent their seeking a remedy for a legitimate wrong done by the defendant). The harassment value alone of this lawsuit is despicable, though. Nothing can fully compensate Steyn et. al. for that. Steyn has the best attorneys that the United States has to offer, i.e., they are superb. Barring a crooked judge, in the end, they will win. Merry Christmas!

Janice Moore
December 23, 2013 7:14 pm

Please forgive my calling a “Denial” a “Dismissal” and for my grammatical errors above. You know what they are. I’m not going to bother with corrections. So, sue me. #(:))

Craig Moore
December 23, 2013 7:17 pm

You failed to mention that the popcorn is Jolly Time.

James (Aus.)
December 23, 2013 7:26 pm

Michael Mann, Nobel Laureate..Not, would be a psychiatrist’s dream come true. That miserable visage so desperate to be given some sort of respectability can’t even see the mess he continues to pursue. My god, the guy even awards himself a prize he can only dream about.
While I don’t want Mark Steyn’s time and money chewed up by the oaf, it would be satisfying to see Mann put back in his box of disgraced ‘scientific’ irrelevance.

scot
December 23, 2013 7:27 pm

Peter Miller says:
December 23, 2013 at 4:05 pm
The only way I know of libelling Mann is by describing him as a scientist.
=========
No, no, no. That would be libeling scientists.

Janice Moore
December 23, 2013 7:32 pm

Aye, Scot, me lad, ye’re rrrrright.
Hm. How could one libel Mann?

@njsnowfan
December 23, 2013 7:49 pm

I could just imagine the childish hissy fit he threw when he got the news.
Just a few of hash tags Mamm attached to tweets in the past few days
#Koch
#climate
#ClimateChange
#Action
#HSCW
#IronyLostOnSome
#IKidYouNot
#StrangerThanFiction
#ClimateChange #Impacts
#DonorsTrust
#KochBrothers
#CongressionalDeniers
#Murdoch
#climatechange
#denier
I hope this has no interaction with college kids..
Maybe he will sue me for posting what he tweeted

tmitsss
December 23, 2013 7:50 pm

Looks like Defendants filed motions to dismiss. Arguments on those motions were argued June 19. Then Plaintiff filed a motion to Amend his complaint. July 10 the Judge granted the motion to amend the complaint. Then on July 19 the Judge denied the Defendant’s motion to Dismiss. I think the Court of Appeals has now said the amendment of the complaint mooted the motions to dismiss the original complaint and therefore mooted the July 19 Order. The July 19 order was unfavorable to Steyn. Meanwhile the original judge has retired. So the points will be reargued before the new judge.

jarro2783
December 23, 2013 7:54 pm

Thanks to those who provided plain English explanations. I got lost in all the Latin, and not quite knowing all the details so far.

December 23, 2013 8:16 pm

Janice Moore says:
December 23, 2013 at 7:32 pm
Aye, Scot, me lad, ye’re rrrrright.
Hm. How could one libel Mann?
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
By calling Mann a “man”?
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
“Merry Christmas to all and to all a good night.”

coronagold
December 23, 2013 8:20 pm

I’ve seen chipmunks with narrower full cheeks. It’s okay Mann. Joey Lawrence also had hideously oversized cheekbones but he turned out OK.

coronagold
December 23, 2013 8:35 pm

Thank you WUWT for posting my post. I knew you’d get a kick out of that. 🙂

TalentKeyHole Mole
December 23, 2013 8:35 pm

Mann first failure was his Ph.D. thesis, whom none of his professorial committee would sign.
Mann’s solution was to forge the signatures!
The committee members when shown the forged signatures laughed! One said, anonymously, It’s so wrong that any human being can see the truth.”
Thus Mann “earned his ‘Ph.D.’ perhaps some would say posthumously!”
I laugh pre-humously on Mann.

wakeupmaggy
December 23, 2013 8:58 pm

I donated a few days ago.For once I made a difference!

SAMURAI
December 23, 2013 9:09 pm

This ruling gives Mann an excellent opportunity to stop this silliness and save face by blaming the judicial system for his decision.
I’m sure Penn State U officials will discretely suggest he drop the case as it’s awful PR for the university.
Dropping the case is the most logical decision, but who ever said Mann was logical?

Janice Moore
December 23, 2013 9:16 pm

Chris Arfaa — sorry not to have acknowledged your fine post (saying what I essentially repeated, later!). I only skimmed what you wrote and didn’t realize you’d covered the issue so nicely. Well done! (at least, having admitted that, you can rest assured that I can never say that I reasonably relied on your advice to my detriment, heh, heh)
********************************
And, Merry Christmas,, to you, too, Mr. Green Genes, tqm42A, and Wayne Delbeke (hope there’s some skiing in your near future)!
*****************************
Bob Greene — Not to worry. No prejudice against Greene people, here.
With my last name… as if. Oooooooo, I can’t STAND that man; why couldn’t his last name have been Oswald, or something. Yeah, I could change my last name to Sweetie (or whatever), but then, some jerk named Sweetie (or whatever) would go and do something despicable and… well, there you go.

December 23, 2013 9:24 pm

TalentKeyHole Mole says December 23, 2013 at 8:35 pm
Mann first failure was his Ph.D. thesis, whom none of his professorial committee would sign.

???
The following is excerpted from: “The ascent of Mann” at Bishop Hill
http://bishophill.squarespace.com/blog/2010/5/14/the-ascent-of-mann.html

Mann’s resume shows:
“1998 Ph.D. Yale University, Department of Geology & Geophysics (defended 1996)”
What does “defended 1996” mean and why a 2 year delay?
May 14, 2010 at 10:54 AM | Unregistered CommenterPhillip Bratby

An answer:

Mann was pretty busy after defending his thesis in 1996, and this often happens in practice that because of other pressing matters the final grant can be some years down the road. Most universities have a cut-off time, though: if the corrections are not done within, say, two years the whole PhD lapses, and I’ve known this happen with a friend who started work, got married, started a family etc etc, and then ran out of time to finish the corrections, so the whole PhD lapsed.
I can’t see that Mann’s PhD was rushed though. His first degree was in 1989, so from 1989 to 1998 he was doing a Masters, two MPhils and a PhD. That’s no fast track!
Remember, after 1996 he was busy concocting his hockey stick and presenting it, for example
Mann, M.E., Multi-Proxy based reconstructions of large-scale surface temperature patterns during the past several centuries, AGU Spring meeting, Baltimore MD, May 1997.
‘The Cross-Validation of Proxy Climate Data and the Instrumental Record’, Joint Institute for the Study of Atmosphere and Ocean, University of Washington, Seattle, Jun 23-25, 1997.
Co-convener/organizer, theme session “Multiproxy Climate Reconstruction…”, Annual Fall meeting, American Geophysical Union, 1997.
Mann, M.E., Bradley, R.S., Hughes, M.K, Northern Hemisphere Temperature During the Past Half-Millenium: Implications for External Forcing and Natural Variability of the Climate, AGU Fall meeting, San Francisco, CA, December, 1997.
Of course, he was being funded for all this, quite apart from his academic salary:
1996-1999 Patterns of Organized Climatic Variability: Spatio-Temporal Analysis of Globally
Distributed Climate Proxy Records and Long-term Model Integrations, NSF-Earth
Systems History [Principal Investigator: R.S. Bradley (U. Mass); Co-Investigators: M.E.
Mann, M.K. Hughes] $270,000
1996-1998 Investigation of Patterns of Organized Large-Scale Climatic Variability During the Last Millennium, DOE, Alexander Hollaender Postdoctoral Fellowship [M.E. Mann] $78,000
A tidy little earner that was.
His meteoric rise in the IPCC process, however, is unseemly, especially when the final printed Mann, Bradley and Hughes paper that came out in 1998 was so evidently corrupt and a travesty of science. To think he taught courses in ‘Data Analysis and Climate Change’ at the universities of Massachusetts and Virginia, and ‘Statistical Climatology’ at University of Virginia after cooking the books in his papers is pretty creepy.
May 14, 2010 at 11:54 AM | Unregistered CommenterScientistForTruth

Mike McMillan
December 23, 2013 9:38 pm

Darn. I was looking forward to discovery at the U of Virginia.

Grumpy Old Man
December 23, 2013 10:23 pm

I’m with you Mr. Beck. I understood more from the comments than the original post. Having said that, I do deeply appreciate this blog which has given me a real education although I have to say that some of the finer points must have gone by me – my science education ended when I left high school. I can only appeal, Anthony, for it to be kept in mind that some of your readers are none too smart at science and know even less about the US judicial system so a little more explanation from time to time might be in order. Of course, this may upset or disturb your more erudite commentators but please don’t leave the more challenged behind. I wish you, your family and all your team a very merry Christmas and look forward to more enlightenment in 2014. Thank you.

hunter
December 23, 2013 10:31 pm

Mr. Mann and his gang now see that while cherry picking data can work with pal review and secrecy can work in science, cherry picking judges just got them an incompetent unprofessional who wrecked their little stunt.

Juan Slayton
December 23, 2013 10:34 pm

Janice Moore: With my last name… as if. Oooooooo, I can’t STAND that man;
I dunno, Janice. I thought Clement was a pretty good poet. Merry Christmas to all, and to all a good night.
: > )

Janice Moore
December 23, 2013 10:49 pm

Juan Slayton — lol….
and, dash it all, you have a Happy Christmas, too. Good night.
#(;))