Remember back in August when NRO’s Mark Steyn wrote a post at The Corner where he called Penn State climate scientist Michael Mann’s work “Fraudulent” and then, riffing off of a Rand Simberg (remember when Simberg almost used to be “a thing” as a blogger?) post, Steyn added this:
If an institution is prepared to cover up systemic statutory rape of minors, what won’t it cover up? Whether or not he’s “the Jerry Sandusky of climate change”, he remains the Michael Mann of climate change, in part because his “investigation” by a deeply corrupt administration was a joke.
Yes, Steyn equated Mann with If-I-Had-Become-A-Priest-Like-My-Mother-Wanted-Me-To-Instead-Of-A-Football-Coach-I’d-Be-Sitting-In-A-Seminary-Right-Now-Trading-Beiber-Cards-With-The-Guys Jerry Sandusky.
Needless to say Michael Mann was not amused and threatened to sue. This in turn caused National Review editor Rich Lowry to substitute his wipe-n-clean plastic Palin-Watchin’ pants for his man pants, lather himself up with some Androgel and exhort Mann to “bring it on, bro!”
In common polemical usage, “fraudulent” doesn’t mean honest-to-goodness criminal fraud. It means intellectually bogus and wrong. I consider Mann’s prospective lawsuit fraudulent. Uh-oh. I guess he now has another reason to sue us.
Usually, you don’t welcome a nuisance lawsuit, because it’s a nuisance. It consumes time. It costs money. But this is a different matter in light of one word: discovery.
If Mann sues us, the materials we will need to mount a full defense will be extremely wide-ranging. So if he files a complaint, we will be doing more than fighting a nuisance lawsuit; we will be embarking on a journalistic project of great interest to us and our readers.
[...]
My advice to poor Michael is to go away and bother someone else. If he doesn’t have the good sense to do that, we look forward to teaching him a thing or two about the law and about how free debate works in a free country.
Well, Rich Lowry …. consider it broughten:
In July, Mark wrote on the Corner about Penn State, much in the news for its institutional cover-ups, and Professor Mann. It was a Steyn classic, so it must have really smarted, and soon thereafter NR received notification of a pending lawsuit (here’s our response).
Like his claim to be a Nobel laureate, the charges against NR are baseless and very much worth fighting. National Review doesn’t look to get itself sued, but neither does it shy from a fight, especially one like this. Rich Lowry’s response to Mann’s legal threats exactly captures our mood and determination.
As many of you know, National Review is not a non-profit — we are just not profitable. A lawsuit is not something we can fund with money we don’t have. Of course, we’ll do whatever we have to do to find ourselves victorious in court and Professor Mann thoroughly defeated, as he so richly deserves to be. Meanwhile, we have to hire attorneys, which ain’t cheap.
The bills are already mounting.
This is our fight, legally. But with the global-warming extremists going all-out to silence critics, it’s your fight too, morally. When we were sued, we heard from many of you who expressed a desire to help underwrite our legal defense. We deeply appreciated the outpouring of promised help.
Now we really need it.
So now National Review publisher Jack Fowler has to cash the check that Rich Lowry’s mouth wrote, but whoopsies, they gots no monies because the invisible hand of the free market and capitalism hate hate hate National Review, probably because they publish stupid shit like this.
You want money? Get a job, hippy…





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I’ll give them half a turd sammich, but I’ll want some change back.
Pantload’s got a million-dollar book advance, doesn’t he. Maybe he can spare a feckin’ dime. (Bwahahahahahaa!)
Calling someone’s work “fraudulent” isn’t libel, but when a blogger says he wants LaPierre’s head on a stick, that’s a call for assassination.
Rrrrright…
This provides me with grim satisfaction.
I’ve been following Michael Mann’s twitter feed of late, but I haven’t seen him discuss the lawsuit, nor how he is paying for his legal fees. He has been spreading the word about the Climate Science Legal Defense Fund, however.
As for those brainiacs at NRO, maybe they could hire the legal team representing the estate of Big Dead Andy in the lawsuit filed by Shirley Sherrod (um-um-ummm, there’s that grim satisfaction again). I’m not sure how well their delay-and-divert courtroom tactics are gonna work, however, when it starts to piss off the judge.
I hope every single one of the lying shit-stains gets run over by a train on the way to the unemployment line.
Ah hell, we all know they’ll find jobs as toadies for somebody.
So the only insurance policy NRO maintains against libel lawsuits is a Rich Lowry blog post threatening to show everyone how big his dick is?
These freemarketeers are just geniuses at business, I tell ya.
Aw, you beat me to it. The exact thoughts I had.
Also, too, the bit toward the end where our host refers to their own admission that they’re “just not profitable.”
Aren’t these the folks whose answer for everything the government does that if it were worth doing, the free market would pay for it? What does this mean for the value of NR, even to their ideological comrades?
Heh. Discovery is damned expensive, too, bros. Go to it.
Hehahaha. This is almost as good as the black-and-white abandoned cat that’d been fed here for 6 1/2 years that turned up again after a year absence after Hurricane Irene: almost.
Today; he turned up today.
I would speculate that Lowry’s Losers don’t have libel insurance, but I in my opinion it’s an equally valid speculation that they DO have libel insurance, And their insurer took one look at the offending post, asked what the basis was for calling Mann’s work “fraudulent,” and heard “Well, it’s just got to be!” as the answer.
At which point their insurance company refused to defend against Mann’s claim, knowing that Mann has actually been libeled. This, in my opinion, is a reasonable scenario.
this story is tasty delicious
Ooh, what great news! Can you train him to be an indoor cat now, do you think?
(I’ve been working on a feral for months; after 6 mos spending thenight in a bed just inside the kitchen door, he was induced to walk into the dining room twice yesterday. Yes, it’s very slow work.)
Maybe Kate O’Beirne can throttle back on her salary for a year or two. That should free up a few bucks for legal.
No need to thank me, Rich. I’m here to help…
Maybe on the next cruise they won’t come back.
Get a job? The unemployable whackaloon wankers of the the National Review? Sperm banks will not accept them as donors, so there goes the only possible career alternative.
HA-HA-HA-HA-HA! Rich Lowry really doesn’t know how this works, does he. The more likely scenario is that “dippy’s” broadcast of NR’s intent to abuse discovery from the get-go pretty much insures that a judge will be introducing Lowry & NR to the judge’s friends the protective orders and cost-shifting motions. Translated into plain English, it could cost NR thousands to enforce every request, and the cost of compliance from hiring specialists to search databases and voluminous records for specific documents would be on NR’s dime. Discovery costs can mount quickly under these conditions. Good heavens! The cost could possibly bankrupt NR! In that case, Michael would be doing the publishing world a favor by filing suit. Then again, you don’t get that time back. And if their lawyers let Lowry act this stupid in print, I can pretty much guarantee that the proceedings just won’t be as exciting as those “Law & Order” episodes on TV.
That NRO was ultimately going to get killed in the suit would not be a valid basis for denying coverage. Only if NRO did something like intentionally libel Mann (much insurance won’t cover intentional acts), or fail to notify the insurance company in a timely manner after having knowledge of the possible claim against them could they really be denied coverage. Then again, the insurance industry’s slogan has always been “Hey, we don’t make money by actually paying claims” so they could be trying to deny coverage for any number of possible reasons.
[/lawyer that does this kind of stuff]
I thought this might be the case, although if so, I would have expected something along the lines of “We know we’re right, but our insurance company is forcing us to settle,” which would have paid the man while allowing them the fig leaf of principled indignation.
Edit–@CapnDunsel–one possibility is that they have very limited coverage for egregious fuckups. For instance, as a mental health professional I’m covered for up to $2 million per incident, although the insurance company won’t pay more than $25,000 or so if there’s a proven claim of sexual misconduct on my part.
Mann’s legal fees might be minimal up front, unless and until he wins. His lawyer might be working on a contingency fee, taking a percentage of any verdict or settlement & charging Mann only expenses (copying, postage, filing fees, etc.) but not legal fees if there’s no recovery.
thanks, this is remarkable.
Thanks, Cap’n!
I can’t help but think, though, that the insurer had to make at least some inquiries as to whether Lowry and NRO exercised a reasonable standard of care before publishing the piece in question. And I can just imagine the looks on the faces of NRO’s lawyer during that discussion!
Been there. Lawyer gets a call from the insurance comapny. “This is our insured; here’s a copy of the complaint.” Lawyer meets/talks to insured. “You did what?!”
Lawyer’s next step is usually a phone call to tell an adjuster to get the checkbook ready. One thing, though, NRO could have a fairly serious deductible. $10,000 on a $500,000 policy wouldn’t be unusual. At a minimum, NRO is on the hook for that, even if there is coverage. One other thing, some policies have “client consent clauses,” which, as the name implies, does NOT allow the insurer to settle the claim without the client’s consent. Usually those are in the area of professional malpractice, though. If there’s no such consent clause, then the policy usually dictates that the insurance co. has the full right to settle. The shitstorm usually develops when the insurer *refuses* to settle, and a verdict comes in for more than the policy limit, the excess, of course, being the policy-holder’s problem.[/class dismissed]
Plaintiff’s attorney is Cozen-O’Connor. They’re very good litigators–particularly when insurers are involved. Don’t know what their policy w/r/t contingency fees are in such cases, but they usually don’t encourage individuals to litigate unless they have a very strong case. BONUS! The fact that NR has put out the call for cash from Greater Wingnutistan means they potentially have deep pockets in excess of their media hazard policy. That’s a plus for any plaintiff’s attorney!
SIDE NOTE: The scope of the pleadings will severely limit NR’s discovery if they were hoping to use the documents to somehow “disprove” global warming/climate change theories.
Linky:
http://legaltimes.typepad.com/files/michael-mann-complaint.pdf
Damn straight I’m enjoying this!
Someone needs to explain to these yahoos that this is not World of Warcraft.
OTOH, a world where KLo and the Krazy Krewe aren’t publishing? Nevermind. Let them have their fantasy.
Thanks so much to Ruthie and CapnDunsel! I’ve received both encouraging news and a good bit of education out of this – a nice combo.
That complaint linked by Ruthie @23 is a lot more readable than I had expected, with the first 14 or so pages providing a nice summary of the history of Mann’s critical work, as well as of the counterattacks launched against him by these energy industry stooges. And I learned there is something called a tortfeasor which is apparently a real word (but other than the ‘f’, maybe not a huge asset in a game of Scrabble, alas).
Thanks you guys!
Man, I love the smell of schadenfreude in the morning….
BWAAA HA HA HA HA…
Others have covered many salient legal points already. I’ve worked in the legal field all my life. If Moore has Cozen & O’Conner for counsel, then it’s highly likely he’s got a good claim against NRO. No wonder NR’s got its moocher hand out looking for a hand
jobout from whatever wingnuts these CON artists can scam.Looks like lil Richey Lowry didn’t do his legal homework. Now ain’t that just a damn shame?? BWAAA HA HA HA HA…
Love to see wingnuts hoist on their own lying bullshitty petards. They’ve gotten so used to lying like rugs that they believe their own bullshit. And they’ve gotten so used to being bullies who get away with crap that they take it to the next level. Then when they get busted, it’s all: mommy, mommy, he stuck his tongue out at me!!!
LOSERS!
Pass the popcorn & keep us posted!
http://www.youtube.com/watch?v=_d8ROhH3_vs
Alternatively, their insurance is covering all costs, and they are just using this as an excuse to gin up some free money from the rubes.
That sounds right on the money. You couldn’t even use the New York Times Rule to defend yourself when you’ve got a mouth like that.
Oh my, the Ghost of William F. Buckley will be rattling his chains over this.
Something it’s probably already doing, inasmuch as the current crew tossed his son Christopher off the masthead for supporting Obama.
Amongst these brilliant comments which I need to read and digest, yours is a nugget to which I must respond: he’s his own guy and has been for many years. I feel so fortunate that he chose to come back here; I named him after the prosecutor Patrick Fitzgerald whom I admired, as I had lived in Boston/Cambridge for 11 years. I lost my dearest cat when I was feeding him; she was a dropoff and an abused kitty, but lovingly mine for 15 years. I admire your devotion and share it in many ways.
Good for you, anniesgirl. My current project is sleeping in the kitchen now, but ventured into the dining room again, and took a little more time looking around. By next Christmas, he may have made it all the way to the bedroom!
You are fortunate your Fitz (?) chose to come back to you. Enjoy!
Thanks for the link Ruthie; I love a little clear, hard-hitting legalese as a sidedish to my already quite full platter of schaedenfreud!
Setting aside the joy of seeing wingnuts finally, finally getting some comeuppance for their misdeeds, do note that this suit is set to take out a cornerstone of what passes for respectability among the climate-change denialist industry.
The minions and fellow travelers of dirty energy have pointed to their denialist allies at the National Review and the Competitive Enterprise Institute cited their writings and words. What happens when the NR and CEI lose this legal action?
Calling someone’s work “fraudulent” isn’t libel, but when a blogger says he wants LaPierre’s head on a stick, that’s a call for assassination.
Exactly the thought that I thoughted when I read this piece. Their version of English needs its own name, I think.
Maybe Reason can give them a loan.
Oh, wait. . . .
An insurer’s duty to defend (pay for the defense lawyers) is much broader than its duty to indemnify (pay any judgment or settlement). It’s pretty hard for an insurer to get out from under defending unless the lawsuit is for something that’s obviously not covered. So its quite possible (but reallllly hard to tell from here) that NRO’s insurer is defending the suit, but has indicated that that they might fight indemnity, and thus the begging. Or, as Occam’s Razor might suggest, they’re begging for money just because they want money.
Wait, did someone say “discovery”? Would Rich Lowry’s career-long background demonstrating a penchant for inflammatory accusations founded on in-depth research into the scent of his own earwax be considered germane to the court’s deliberations?
Then take it away, HTML Mencken!
I especially like the bit where the Hoover Institute was persuaded, after a presumably similar exchange of lawyer letters, to print a retraction of their baseless smears of Al Gore in the USA Today… prompting Lowry (while filling in for Sean Hannity on teh teevee) to obliviously double down on the original, presumably potentially libelous, idiocy. Good times!
Ooo, an Edit button! Link fixt.
As Jane said back in 2006, the NRO’s business model is based not on free-market capitalism, but wingnut welfare.
I find it kind of interesting why they might need money. They should be covered by a liability policy for just this reason. So, I’m guessing it’s a shameless plea for money. But if they really don’t have coverage, either it was an incredible screw-up on their part or they voided their coverage.
And voiding this coverage is not that hard. For those who’ve never had professional insurance policies there are three major traps that get a lot of idiots burned.
First, the policy will have a rider that requires you to notify them within a short-period of time (30-days or less) of lawsuits or THREATS of lawsuits AND if corrective action is possible, you must take it. If you fail to notify, you’re not covered.
Second, if you fail to take reasonable corrective action, you’re not covered.
Third, if you refuse settlement, you’re not covered.
When NRO doubled-down on the Mann attacks they may have screwed themselves. Also, they may not have taken it seriously and not reported it the insurer.
In the end, I bet they settle after they milk it for all the money they can get.
Ok, the editor really needs work…