More on the frivolous lawsuit

Very interesting. Panda’s Thumb comments on Pivar’s poxy lawsuit

The suit has been discussed on several web sites already, including Scientific American, the Lippard Blog, Overlawyered and PT contributor Timothy Sandefur’s personal blog Positive Liberty. The consensus seems to be that the suit has no legs, but of course if this is a nuisance suit, ultimate success in front of a judge is not the goal.

And Peter Irons comments on the comment – Peter Irons, author of A People’s History of the Supreme Court from which I have derived material for comment here, I think possibly more than once.

Since this is all out in the open now, I thought I’d comment as a lawyer who specializes in First Amendment issues, including defamation. First, this is a patently frivolous lawsuit, and will not survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for “failure to state a claim upon which relief can be granted.” Rule 12(b)(6) is the death sentence for cases like this, which never come to trial. I’m sure the Seed lawyers are now drafting a motion to dismiss, which will almost certainly be granted…Yesterday, I had an interesting half-hour phone conversation with Pivar’s lawyer, Michael J. Little, who was quite candid with me…The bottom line is that, since Pivar’s lawyer himself has little (no pun intended) hope the case will survive a motion to dismiss, PZ has nothing to worry about…I have learned a lot more about Pivar, including his alleged “friendship” with Steve Gould (who was my close friend from our college days in the 1950s until he died in 2002), but I won’t post it here.

Well let’s hope Pivar has to pay large court costs, that’s all – in fact what the hell, let’s hope a pro bono lawyer or two persuades PZ to counter-sue and Pivar has to give him a very very very lot of money and also go on Oprah to apologize to the nation and the world.

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