Unfortunately, the latest victims of Brett Kimberlin's lawfare lawsuit go to trial on Monday. Today the Maryland Court denied various motions to dismiss the suit.
Lawsuits are always a gamble -- even though one may have a strong case (as the defendants do), a judge or a jury can give an incorrect or unjust verdict. Nevertheless, I would still rather have the defendants' chances for success than that of Brett Kimberlin.
Also, I would not have taken a different course than the defendants have taken, had I been in their place. Brett Kimberlin is just plain evil, and evil must be confronted and fought.
My advice to the defendants is to face the trial with courage and a determination to win the case. Do not be terrified of the trial -- easier said than done, as I have been a defendant in a civil case that would have ruined me had I ultimately lost. I was terrified, but losing was not an option, and I would rather have died than settle with the plaintiff. I would not give in to lies, perjury and greed.
Courts seem to have a prejudice for plaintiffs, those who feed and fuel the imperfect court system, ultimately paying the judges' and the attorneys' salaries. Although the theory is that the burden of proof is on the plaintiff, in reality it is often the opposite: you are guilty until proven innocent.
Nevertheless, defendants -- fight like hell to win. Good luck, and may God be with you.
Update: W.J.J. Hoge discusses the coming trial here R.S. McCain discusses it here.
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