Thanks for the info Marshall, but what were they telling the truth
*about*? Or has this got lost in the mists of time <lol>? dee
On 20 Oct 2009, at 19:07, Marshall Dudley wrote:
They sued Bolen and Clark and others for libel for telling the
truth. It was a SLAPP suit and recognized as such by the court.
(that is a suit without merit which is simply filed to try to stop
someone from doing something legal by harassment and costs). They
( Barrett, the Canadian Guy, and the attorney filing the suite who
was also part of the suit) lost that suit, and the judge found that
it was a slapp suite, and ruled that they had to pay for all the
costs, about $30,000. One of the parties in the original suit was
the Canadian guy who runs the Canadian equivalent of quackbusters,
and had been successful in preventing various health advocates such
as Clark from speaking in Canada by threats of bodily harm. Anyway,
on appeal 2 of the 3 judgments were supported, but the judgment
against the Canadian was overturned. An offer was made to the
attorney that if the Canadian guy dropped out of the lawsuit then
they would drop him from the creditors who owed the $30,000 on the
slapp suit since most likely the supreme court would find in favor
of the original court. The attorney did not inform the Canadian of
this offer, which he would have accepted, and appealed to the
California supreme court without his concent, at a cost of around
$300,000. They lost on all 3 counts, and a slapp aware was granted
on the $300,000 against the 3 plaintiffs. Then the plaintiff's
attorney split up the costs assigned to the 3 so that almost all the
cost went to the Canadian, who was then sued in Canadian court and
lost. So he is suing the attorney for filing a suit that he did not
authorize, and then assigning almost all the charges from that suit
to him to pay. But he may not get his money even if he wins, the
attorney has it seems gone bankrupt (monetarily as well as morally),
even losing his house.
Marshall
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