Original title before update: Breaking: Dr. Tim Ball wins @MichaelEMann lawsuit – Mann has to pay
See the update below.
Readers surely recall that the easily offended Dr. Michael Mann launched a court case for defamation against climate skeptic Dr. Tim Ball of Canada.
In Feburary 2018 there was a complete dismissal in the lawsuit brought against Dr. Ball by Andrew Weaver of Canada, also for “defamation”.
The Weaver defamation case involved an article Ball wrote saying that the IPCC had diverted almost all climate research funding and scientific investigation to anthropogenic global warming (AGW). This meant that there was virtually no advance in the wider understanding of climate and climate change. Ball referenced an interview with Weaver and attempts by a student to arrange a debate. Ball made some comments that were not fully substantiated, so they became the base of the defamation lawsuit.
That case was completely dismissed, you can read more here.
Now in the Mann case, which goes back to 2011, there’s also a complete dismissal. Ball wrote to me less than an hour ago, asking me to announce it here.
He writes:
Hi Anthony
Michael Mann’s case against me was dismissed this morning by the BC Supreme Court and they awarded me [court] costs.
Tim Ball
This is a developing story, I’ll add more as we know more.
UPDATE:
Dr. Mann Has Posted On Twitter In Reply To This Article
Mann’s statement is here: https://twitter.com/MichaelEMann/status/1164910044414189568
For those who are blocked by Dr. Mann: (including me)
And if you’re blocked on Facebook by Dr. Mann, here is that statement:
John O’Sullivan of PSI wrote to one of our moderators with this intro and statement given by Dr. Ball that I was not aware of. Mann of course does not tell his readers this other very important fact, sort of like what he did in “hide the decline” by not reporting negative results that compromised his argument. Mann was doing most of the foot dragging that caused such long delays as the case has been active since 2011.
As Mark Steyn once pointed out; “the process is the punishment “.
O’Sullivan writes:
In short, Mann’s responsive statement is:
- Stark admission he lost fair and square
- A disingenuous argument that the Dismissal was granted merely on the basis of Mann’s “delay” in not submitting his R2 numbers in a timely fashion.
The case has gone on an entire nine years.
On that point, this is where readers may wish to refer to the article ‘Fatal Courtroom Act Ruins Michael ‘Hockey Stick’ Mann‘ (July 4, 2017). In it they offered analysis as to Mann’s fatal legal error. As Dr Ball explained at that time:
“Michael Mann moved for an adjournment of the trial scheduled for February 20, 2017. We had little choice because Canadian courts always grant adjournments before a trial in their belief that an out of court settlement is preferable. We agreed to an adjournment with conditions. The major one was that he [Mann] produce all documents including computer codes by February 20th, 2017. He failed to meet the deadline.”
As I explained in the article, Mann (and his crooked lawyer) had shown bad faith, thereby rendering his case liable for dismissal. I urged Tim to pursue that winning tactic and thankfully he did.
Assisting Dr Ball has been a huge honor for me and probably one of the greatest achievements of my life. But Tim only won this famous courtroom battle thanks to massive worldwide grassroots support.
Anthony: So, as usual, in my opinion Dr. Mann’s ego interprets the facts only in ways that suit his viewpoint, which is the whole reason he got into trouble with the hockey-stick in the first place.
And it isn’t just me who thinks Mann’s arguments are merit-less, in the other defamation case he is pursuing, he has no friends:
Mann’s media buddies leave him high and dry – oppose his lawsuit
Twenty-four media organizations, including The Washington Post, NBC Universal, and Fox News, have sided with the conservative National Review and free market-leaning Competitive Enterprise Institute (CEI) over a defamation lawsuit brought by a leading climate scientist.
The organizations, which also included the Society of Professional Journalists and the American Civil Liberties Union of the District of Columbia, were signatories to a Feb. 13, letter filed with the D.C. Circuit Court of Appeals, in which both the National Review and the Competitive Enterprise Institute requested a rehearing of their case before the full appeals court.
In December 2018, a three-judge panel amended a previous ruling against them. But according to the Reporters Committee for the Freedom of the Press, which represents the two-dozen media groups, a full rehearing of the case is now “warranted.”
“The panel’s decision on the merits of plaintiff’s defamation claim … may have unintended and undesirable consequences in future cases implicating the exercise of amici’s right to freedom of speech and of the press,” attorneys for the Reporters Committee stated.
Read it here: https://wattsupwiththat.com/2019/02/22/manns-media-buddies-leave-him-high-and-dry-oppose-his-lawsuit/
These two quotes seem relevant to Dr. Mann’s travails, and I think the first one speaks loudly to his “save the planet from global warming” machinations:
When any man is more stupidly vain and outrageously egotistic than his fellows, he will hide his hideousness in humanitarianism. –George Moore
Egotism is the anesthetic which nature gives us to deaden the pain of being a fool. Dr. Herbert Shofield
UPDATE #2
Then there is this:
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Excellent news! Well done Tim Ball; you have waited a long time for this.
It has taken a long time…. but remember, Rome wasn’t burned in a day.
. but remember, Rome wasn’t burned in a day.
Good one THX1138!
I believe it burned until Nero was all out of fiddles.
Cheers
Mike
HOOAH! The question now is why is he employed at all at a university? Shameful. He should be relieved for cause. As John suggested, “he ignored scientific principles and ethics.” Where is the accountability?
Would they “relieve” him the British way, i.e. “Early” retirement on health grounds or somesuch excuse, or “moving on to pastures new to persue another career, etc?
Sweet! Tim is a fellow Victoria resident, a great scientist, and a very good friend. Having a beer now to celebrate.
Susan
Canadian beer eh ! lol
OMG! I wish we all could be there. You’re in PDT so the night is still young. Please convey our heart felt congratulations. I’m pretty sure I’m speaking for at least 97% of the WUWT audience there.
I should have offered congratulations to Dr. Ball!!!
Well done!!
We were looking forward to Dr. Mann being forced to produce discovery. Did that happen?
I am just dying to be able to read the Judge’s decision.
I wonder if Mann can/will appeal.
Pass me a tissue, I am gonna well up!
This news makes me unreasonably happy and cheerful.
The only thing better would have been if there was a countersuit which Mann lost resoundingly.
Hey, anyone that can tell me about the Mark Steyn lawsuit w/ Mann dealio?
It’s still pending. The ACLU, WaPo and other news organizations have filed amicus briefs for Steyn because if Mann wins, it’s the end of freedom of speech for the Press and others, as I understand it. No date set, yet, that I’ve heard.
This is great news about Dr. Ball. I am thrilled for him. I wonder if Mann will think about withdrawing his suit against Steyn? Nah, I doubt.
I am no expert in the legal field, come to think about it, I am no expert in most fields but as I understand it, if Mann withdraws he is liable for all costs incurred.
That might be the lesser evil for him better than the actual costs he will have to fund up plus damages when he eventually has his time in court.
Can#t wait for the Steyn case to be heard in court, I might even take a holiday to be there, well only if i am still alive in twenty years time….
As I understand it, Steyn counter-sued for $20M saying Mann was making defamatory statements about Steyn. If Steyn were to drop the part of the case, the part where he is a defendant would still move forward and be even more likely to be a so.
The liberal democrat machine can never let this stand. Couldn’t it chisel into the huge phony climate mountain? Expect the appeal to be held in an Obama appointed judge’s court and be reversed. But still great news….wonder who appointed this judge?
Note, Obama didn’t appoint any judges in British Columbia.
Writing Observer,
oops, I didn’t realize there was more than one suit. This is the one I knew about”. Do you know anything about the status?
JONATHAN H. ADLER |THE VOLOKH CONSPIRACY | 2.11.2018 12:08 PM
[Herewith is another post wondering what has happened with Mann v. NR, et al., repeating (with a few updates) what I posted last fall.]
In 2012, climate scientist Michael Mann filed a defamation suit against National Review, Mark Steyn, the Competitive Enterprise Institute and Rand Simberg over a hyperbolic blog post written by Simberg for the CEI and quoted approvingly by Steyn on National Review Online.
In December 2016, after sitting on the case for years, the D.C. Court of Appeals (not to be confused with the U.S. Court of Appeals for the D.C. Circuit) held that Mann’s suit against the CEI, National Review and Simberg may proceed to trial (Steyn having gone his own way in the litigation).
Steyn’s book on this is excellent. The reason for delay of this trial: Mann won’t show up to discovery. He’s a confirmed chicken shit. Don’t be fooled by Mann trying to make the best of this Ball victory. Mann lost because again, he could not or would not show his “facts” to the world, since he knows they are bogus.
Why suffer such harm to the World with the crap on which he based his thoroughly discredited papers and research.
Canadian court.
Beats Kangaroo Court
Wrong country
I don’t think Obama appointed an Canadian judges.
Well, we don’t have to worry about an Obama appointed judge because the case was heard in Canada.
Might be one of the 57 states he visited
Truth wins again. I think we are gaining.
Congratulations, Tim. I am very appreciative of your efforts to bring truth to the climate discussions.
Just curious – did Mann EVER produce the docs and data he was ordered to?
If not, isn’t that contempt of court?
Meanwhile, over at the D.C. Federal Court in Mann v. Competitive Enterprise Institute, Steyn and ors. the sclerotic litigation drags on.
As Dr.Hugo Z.Hackenbush (aka Groucho) said, “Either this man is dead or my watch has stopped”.
Or as WC Fields said: ‘If you can’t blind them with science, baffle them with bulls**t’
You Rippers !!!!
Good result, BUT –
“court costs” usually don’t amount to much, covering only the statutory filing / scheduling / officers costs.
Lawyers costs are a separate matter.
But I hope D Ball bankrupts Mann.
I am sure that Mann will have to pay all Tim Balls legal costs .
That is how it works in New Zealand in call civil cases.
Otherwise a person with deep pockets could lose the case but bankrupt his opponent.
Graham
Which is why deep-pocketed climate activists engage in “law-fare”
Mr.
I can’t wish for such an eventuality as a goal. I wish that those who have gamed the funding system have to return the money if the research has been applied for, obtained or spent on a fraudulent basis. Bankruptcy is a possibility depending on the scale of the offences.
Receiving monies on a competitive basis then failing to provide the results including data, methods and code shall not be overlooked. Breach of contract. Evading FOIA requests is another example. Avoiding and evading are different acts, in law.
I hope the judgement favour of Tim Ball was made on the basis of evidence supplied to show that what he said, though uncomfortable for Prof Mann, was true. The suit was made on the basis that things said were not. And it has been rejected by the court. That indicates that the statements were true, or were not made with malice.
Which?
DEAR CRISPIN:
DR. BALL WAS SPEAKING TO A GROUP IN WINNIPEG, MANITOBA IN 2011. HE HAD A QUESTION AT THE END OF HIS PRESENTATION FROM THE AUDIENCE ABOUT THE RESEARCH OF DR. MANN. TIM HAS A GREAT SENSE OF HUMOUR. HE REPLIED ” DR. MANN IS WITH PENN STATE, BUT HE MAY END UP IN THE STATE PEN”. MANN FILED THE DEFAMATION SUIT THE NEXT MORNING! HE HAS DRAGGED IT OUT FOR YEARS TRYING TO BANKRUPT THE RETIRED TIM BALL. THAT TIM FINALLY WON IS OUTSTANDING.
James, do you realise your Caps Lock is on?
OF COURSE SILLY GOOSE!!! I HAVE MACULAR AND THEY HELP ME CATCH MORE OF MY TYPOS. HAVE YOU NOTHING USEFUL TO ACCOMPLISH IN LIFE EXCEPT CRITICIZE PEOPLE WHO USE CAPS??? I FIND FRAUDSTERS AND DENOUNCE THEM.
Sorry to hear of your vision issue, if you use a PC when posting I’d be more than happy to write a program for you to type in normal case but review in upper case, of course you could also open notepad and change the font size to something large enough to not be an issue. After typing and reviewing in another program, you can copy and paste to your post.
To the mods, I’m also willing to write code for the website to detect all caps posts and convert everything to lower case if it exceeds a certain percentage of upper-case letters.
(He was given a change to work something out, but his rudeness and ignoring suggestions, and continued policy violations, has him BANNED. Thanks for trying to help) SUNMOD
You are probably thinking of the costs which are awarded in some US Federal Court actions.
Not so in BC (or the rest of the common law world.
In general, costs ‘follow the event’, and are granted to the winner on one of two levels. Generally costs are awarded on a “party and party” basis, (or partial indemnity) which covers probably 2/3 of the actual legal fees and costs incurred. Or costs can be awarded on a “special” basis (‘solicitor and client’ or ‘substantial indemnity basis) which would cover about 90% of the actual legal bill. Actual disbursements are covered and included. Costs in BC can be granted on 3 increasing scales (A through C). The Weaver v Ball claims are a in a nuanced and difficult area of law, so the highest scale is likely appropriate.
Unfortunately, the actual Judgment does not give us any information about the costs determination. It states: ” Dr. Weaver’s claim is dismissed. If the parties cannot agree on costs, they may make arrangements to speak to the issue.”
But in general terms we can assume that Ball would receive from 66% to 90% of his actual out of pocket costs, paid to his lawyers. (And of course, Weaver has to front his own lawyers too: a double hit.)
HOWEVER: Weaver v Ball is not DEAD and BURIED
On May 21, 2019, the Court of Appeal granted a Motion by Weaver, to re-list his appeal for hearing. He had failed to perfect his appeal within the prescribed time limits, and it had be (administratively) struck off the list (not by a judge’s order). It has been returned to the list, to be heard, probably some time this fall.
So even if the Judge granted special costs on Schedule C, Ball will not have seen a penny of it yet.
Yay!
Very good news. Gosh, I’d almost forgotten about this case, it’s been rumbling along for many years now. This is a significant victory against one of CAGW’s most pernicious, public-facing and insistent propagandists. I wish Dr. Ball all the very best and thank him for his courage in taking this case all the way to its happy conclusion.
Seconded!
Now to get Mann and co. from Penn State to the state pen. where he belongs!
Good to hear. The arrogance that Mann exhibits needs to be deflated. Good start to that.
GREAT way to end the day, congratulations Dr. Ball!
Very good news.
Best wishes, Tim, on this wonderful day.
Bruce
Love it when justice prevails. Doesn’t seem to happen so often these days,
Now high time for someone to prosecute Mann over the fraudulent H.S.
Great news! I suspect it will still be difficult to get paid. Hope this is the start of more legal victories for the sceptics.
Will watch for updates on this. I hope that Dr. Ball is awarded attorney fees AND an amount equal to that which Mann sued for or greater.
Great news . Congratulations Dr Ball.
Force Mann to sell his Nobel Prize to pay Dr. Ball…hit him where it REALLY hurts….huh?….he LIED about being awarded the NOBEL PRIZE?…MANN?…LIED?….
TEWS_Pilot August 22, 2019 at 7:08 pm
Oh dear, discovery,, is that not wheres you must list all things of value? Is not a Nobel Prize a thing of value.
Did he not say in court documents that he won one. This could be a great inconvenience for him.
evil laugh.
michael
Mike: from Wikipedia: “Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions.