Over at Hogewash!, in the case of Hoge v Kimberlin et al, Judge Hecker made a couple of findings of importance and then proceeded to either dismiss or find for the defendants on all counts.
This was one of the many possible outcomes in any trial. It is probably the number one outcome when you consider that going to court as a plaintiff, you have a very high burden to meet at trial. Your case must be a slam dunk on the claims you made: The defendant did X and caused Y damages for which I’m entitled to recover and here is the proof with evidence and witnesses.
Proving damage is a very high standard. Lots of people sue all the time and never get to trial for various reasons in the process. If you’re lucky to get past all the procedural steps to a trial, it’s never a sure thing that you’ll win no matter the strength of your case.
The sad part is, even if you play by the rules and the other side doesn’t through the process, none of that matters. You can get away with shenanigans, unless you’re a lawyer or someone with ethics.
Unfortunately, the defendants named in the case did all they could to thwart the process and bragged about it. Despite that, at least two of the defendants were able to show up and defend themselves. One spent time under the porch in his extended living hotel room.
Judges have a hard time playing referee when the case is all pro-se’s. Some pro-se’s use that to their advantage by trying to game the system. A judge who is a stickler for the rules will give some leniency to a pro-se who openly mocks the court. Others may not.
All the Judge is trying to do is prevent the case coming back on appeal. I wasn’t there, but I would imagine the Judge did all he could to make it as fair as possible. The burden was extremely high for Hoge, and he deserves all our admiration for taking it to them.
Unsolicited Plug: Buy a coffee mug, T-Shirt, or other accessory from The Hogewash! Store. I have two mugs and Murum Aries Attigit travel mug. You won’t regret it and feel good supporting an honorable man in his fight against the bad guys.
With that being said, the case in Hoge v. Kimberlin et al. had two important findings: Brett and Tetanya Kimberlin knowingly lied on an application of charges against John Hoge, and that Bill Schmalfeldt violated the terms of a Settlement Agreement.
To me, that just shows the Judge understood what everyone knows: Kimberlin and Schmalfeldt are not very good people and certainly without integrity.
However, the Judge ruled that Hoge was unable to prove damages to him in which he is entitled to recovery and so the Judge ruled in favor of the defendants for all counts not dismissed. While John had to spend time and money to repair the damage caused by the willful actions of Team Kimberlin, he didn’t suffer enough for the law.
So in essence, today’s ruling has essentially done nothing to tip the scales in court for Team Free Speech, and while certain elements living in a extended stay motel are all about mouthing off about victory, they should realize just what they won: The Status Quo, which means..
Sure, they have evaded monetary judgment and damage to their financial portfolios which were a real possibility, but they gained more attention and probably not in the good way.
The important thing to note here is that while Kimberlin and Schmalfeldt have not won any cases against any member of Team Free Speech, their litigation strategy has drawn a larger audience of individuals who are taking note and wanting to help.
The irony is when Schmalfeldt doxxes commenters, he thinks by bringing them into the open they will scurry away and be “reasonable” or even be silent. In reality, the opposite has happened. I would be one of those he “exposed”.
My hope is that others will take up the cause for a few minutes a day and start writing on the internet about Team Kimberlin. There can’t be enough “Blog about Team Kimberlin” days. Even when the judicial system offers little refuge, the internet can help. You don’t even have to lie, you just have to quote them.
There is still much more mockery to come because someone is still on stupid and thinks they have a case. You would think certain persons would recognize just how close they came to having a different outcome but…
Actually, most intelligent people would have recognized how close they came to being in a much more dire situation than before had the Judge ruled the other way. They would take stock to count their blessings and change course. But then again, what do you expect from someone who plays video games and lives in a motel room with an expensive cat.