I have read recent responses to Kimberlin's motions in the RICO lawsuit, and ones from Michelle Malkin's attorney seem particularly devastating to Kimberlin's claims and case. My understanding of the facts is that Kimberlin may be in legal trouble for presenting a forged summons to the court. The summons was a cut and paste job of another summons sent to a different defendant. The judge in the case has asked for an order to show cause as to why Kimberlin should not be sanctioned for this.
The buzz in various comments sections says that Kimberlin may have forged a summons to Seth Allen, the first blogger he sued, which resulted in Allen losing the lawsuit by default, for alleged failure to timely respond to a summons that he never actually received. I don't know if this is true, but it seems plausible in light of the above.
Anyone who has additional facts or corrections to the above, please supply it in the comments section.
UPDATE: Hogewash is reporting that Brett Kimberlin has admitted to the forgery of a summons he mailed to Twitchy, a company originally owned by Michelle Malkin.