Oh Really?

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Legal Lulz ahead..

So this appeared on the Twitterz..

The infamous fail plaintiff is using legal terms he doesn’t understand. A lawsuit may be in the works.

IANAL but as I read it Detrimental Reliance is where Party B acts on a promise from Party A. Party A rescinds or breaks the promise causing party B to incur damages.  Party B’s remedy is to have the court enforce the promise of Party A.

To illustrate how this might apply to him: Party A offered a position to Party B and is in a different state where Party B lives.  Party B spends a large sum of cash moving their family to the new location.  Before Party B could start, Party A rescinds the offer causing a detrimental loss to Party B. Party A may be liable for the costs of the move and to honor the original offer to Party B.

This implies that Party A acted in bad faith or by fraud which means Party A owes Party B damages.  This presumes that Party B also acted in good faith.

Reworded, this presumes that Bill Schmalfeldt acted in good faith when he accepted the offer.  From the few cases I skimmed, Party B has the burden to demonstrate he acted in good faith.

See the problem here?

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26 thoughts on “Oh Really?

  1. I can guarantee William Schmalfeldt the Parkinson’s faking valor stealing shitbag conveniently skipped the word “conditional” in the job offer, such as “this offer is conditional on satisfactory background, credit, and drug screens” and moved anyway.

    In any event, it would be a sham, a real crying shame, if someone were to give the radio station documents and links to everything he said about, oh, not being able to keep his radio job- the kind of job he just applied for- because of his fakinsons.

    And a radio station has very deep pockets.

    I hope Mr. Fakinsons files and the station completely and utterly beats the shit out of him in court.

    Liked by 7 people

    • It is certainly possible that a few people he’s harassed got wind of his new gig and decided to send a note or ten to share with the station what they were getting. I generally do not support that because Bill really needs a job. He will screw it up anyway because of his nature. That in of itself will create much lulz.

      I should mention that while both Paul Krendler and I made posts about his new gig, I know we aren’t the only ones who are watching him. Neither Paul nor I attempted to harm his chances for the job by contacting the station. It benefits me more that he gets job as I am sure it does John Hoge or others looking to hold him accountable.

      With that being said, he brought this on himself. His past history of harassing family members and employers naturally cause his victims to respond in kind. It doesn’t take much to have an employer do some additional research. One could infer that since the offer was rescinded. Whether it was triggered by one of his victims or someone else is not clear.

      And even if someone sent the station a large envelope full of documents about Bill’s past, his remedy would not be the station, but to the people who sent what he believes is false information, assuming he knew who sent it and if the station manager relied on it. Proving falsity would be a heavy burden, assuming he gets past the same jurisdictional issues that plague his complaints.

      I wouldn’t be surprised if there isn’t a lawsuit against the station. An attorney would tell him he has no case after considering all the facts. That hasn’t stopped him from making a federal case out of it on his own.

      For now, I fully expect some threats and demands that people leave him alone before he decides he’s had enough and attempts to use the courts once again. The thing is, most people are leaving him alone with the exception of a few. It is he who is looking for butthurt as shown by the hits from his computer this site and others receive.

      I have chosen not to interact with him, but I’m also reporting on him as is my First Amendment right so long as he shares on a public forum. He wanted to have me in full view so here I am. I will continue to do so until he either publicly apologizes and makes meaningful restitution to his victims, or he leaves the internet permanently.

      In the interim, if he files another lawsuit, well.. he certainly can. Whether he is wise to do so is another story.

      Liked by 5 people

  2. He can’t relitigate against those he sued for allegedly interfering with him.

    CONTRACT LAW, IS HIS ONLY saving grace, I doubt he had an ironclad contract.

    An example from one of the top employment law firms in Iowa:

    Iowa is commonly referred to as an “at-will state,” which means that unless an employment contract details the duration of the employment relationship and/or under what circumstances an employee can be fired (for example, “good cause”), an employer can pretty much come up with any reason it wants to terminate an employee — even if the reason is for a bad cause or no cause at all.

    Consider this example: An employer can terminate an employee because it doesn’t agree with the employee’s taste in music or, perhaps more realistically, an employer can terminate an employee the first time the employee shows up late for work, even if it only happened once. Furthermore, an employer generally doesn’t even have to tell an employee why he or she is being terminated or provide any set notice of termination.

    P

    Liked by 6 people

  3. I did not contact KDSN, nor made any contacts in, to Iowa and will swear in court or an affidavit to that matter.

    Bill made hundreds of enemies, from using his byline at a national paper to smear the knot Wisconsin crowd to his over the top antics from 2003 to 2009 at at least two national blogs threatening people. It wasn’t till he hitched his wagon to Kimberlin that he started suing.

    And we all know how that turned out

    Liked by 5 people

    • He made over 50,000 blog posts many while employed as a fed

      He was fired, banned shamed looooooooooooooong before he made the titanic mistake of thinking former Vietnam veteran Army Officer WJj Hoge was going to put up with his harassment.

      Liked by 4 people

  4. Also announcing that you are suing someone for all the world to see for not hiring you, may impact future employment opportunities

    Saw it on a law show once

    Liked by 7 people

  5. Oh man-

    I hope I wasn’t the one who gave him this idea when I wrote up LOLSuit IX: Into Derpness.

    I feel bad for the radio station.

    Hey Krendler… Unlike Brett Kimberlin, Bill Schmalfeldt doesn’t have his own wikipedia page. Perhaps you might consider putting a bare bones bio in the top left corner on your blog.

    “Bill Schmalfeldt has been unemployed for x years because he says he has been diagnosed with stage IV Parkinsons, a progressive disease which never gets better. Schmalfeldt is a serial litigant (my first version said, “litigious bastard”) who has launched and failed in 8 separate lawsuits against multiple individuals. Holder of 12 restraining orders, including one protecting a child, Schmalfeldt has published personal information of multiple people on the internet and has contacted employers and family members in hopes his perceived adversaries will be impacted negatively. Bill Schmalfeldt publicly claims another serial litigant Brett ‘The Speedway Bomber’ Kimberlin, a convicted felon who set off multiple bombs in Speedway, IN., is his ‘most excellent friend.’ The best way to discredit Bill Schmalfeldt is to quote Bill Schmalfeldt.”

    So, Paul, the reason I’m suggesting a bio is to provide unsuspecting individuals a quick reference insight into the miserable human being Parvocampus is.

    And now. Back to the radio station.

    Schmalfeldt is going to have a hard time suing KDSN from SC. Or- Maybe Inflatamate has moved up to be with him. Regardless… Running a lawsuit is going to pin him to IA for a while.

    Liked by 4 people

  6. I would like to point out that in all likelihood, someone from the station started reading his Twitter feed when a job offer was made, and saw his nastiness.

    Would you – would anyone – hire someone to represent your brand who engaged in the kind of vitriolic abuse we saw on his feed?

    Bill has only himself to blame.

    Laptop, home.

    Liked by 4 people

  7. funny how libtwats seem to think its pefectly ok for them to try to get someone fired by contacting their bosses for things they may have said online, but its not ok to return the favor…

    its almost like they have double standards..or no standards at all.

    Liked by 5 people

  8. I’m certain there is still a handful of remaining states and territories where he can still lay claim to being in “my town”. Guam perhaps? Why, if you’re destined to be homeless, you may as well be it in a warm climate!

    Although I understand the island is prone to turning turtle, so perhaps not.

    Liked by 4 people

  9. Chances that it has dawned on Cabin Boy that the sum of his Internet bullying and intimidation tactics is that he has succeeded only in worsening his own situation? That the only person suffering from his ham handed and obscene harassment is himself? That the only person whose opinions have been isolated from public discourse is his own?

    Zero

    Liked by 3 people

  10. It wasn’t even a long email that I sent the station manager. I just said how amused I was that an employer, in this day and age, didn’t check references or even do a Goggle search on a candidate before making a job offer. Although I did offer to the station manager to walk him through filing for a restraining order against Bill Schmafledt – I told him I had experience with doing so, and that he would need to do so in the future if he hired Bill. Looks like I was right…..

    Liked by 4 people

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