Earlier today, we posted about how the Dean v. Maddow defamation lawsuit (sans Andy Birkey) has found its way to DC Court of Appeals, which included this summary of the issues from a DC legal blogger:
Just days before the Superior Court was set to decide the motions, the 3M v. Boulter federal court issued its decision, holding that the anti-SLAPP act could not be applied in federal court. Dean promptly filed his suit there, and sought to voluntarily dismiss it in the DC Superior Court.
That’s when all the fun started. The DC Superior Court judge held that, if Dean wanted to forum shop, he could so do, but he needed to reimburse the defendants for the fees they incurred in the Superior Court action (as long as that work could not be used in the federal court action). In the interim, Judge Leon stayed the federal court case until resolution of the Superior Court action.
Dean protested that he was the master of his forum, and could elect to bring his suit in federal court. He refused to pay the fees that were ordered by the Superior Court judge as a condition for being allowed to pursue his claims in federal court, and instead moved to have the judge recused, alleging that she was biased. She denied that motion and dismissed his suit with prejudice for his failure to pay the fees, meaning that it cannot be brought again.
The case has now found its way to the DC Court of Appeals. At this point, it has very little to do with the DC anti-SLAPP act, and instead focuses on whether the Superior Court judge properly conditioned the dismissal on the payment of fees; whether the fees were reasonable; and whether the judge should have been recused. You can read Dean’s opening brief here, and the defendants’ opposition brief here.
Sounds pretty procedural to us.
But to read Bradlee Dean's latest appeal for money to help with his legal bills, you'd think that he's a prisoner in an iron mask. Or dead. In Will You LIVE For Your Country?, posted Saturday at the American Clarion, he writes:
Think the Trayvon Martin/Zimmerman case was bad? You should see what MSNBC and Rachel Maddow did to Bradlee Dean. Help his lawsuit against them. Stand for America and get your free gift.
And Dean's tales of woe about the fate of the Signers of the Declaration of Independence? Snopes has a factcheck of the old standard email list including the fact that John Hart, the first signer Dean mentions by name, didn't die "from exhaustion and a broken heart" but rather of kidney stones.
Bluestem sincerely hopes that Dean will survive the torture of paying legal fees from the lawsuit he filed and shopped around. It's right up there with the lives, fortunes and sacred honor anyone at the Second Continental Congress.
The check is in the mail. Really.
Photo: George Zimmerman (left) and Trayvon Martin (right). If you thought what they went though is bad, Bradlee Deann writes, " You should see what
MSNBC and Rachel Maddow did to Bradlee Dean." Yeah, okay then. Photos via ABC News.
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