My lawyer's letter to Jonathan Monsarrat's lawyers

[ron_newman]

My lawyer, Dan Booth of Booth Sweet LLP in Cambridge, sent this 18-page letter to Jonathan Monsarrat's lawyers this afternoon. The letter details all the reasons that he considers the lawsuit against me to be groundless, and demands that Monsarrat's lawyers dismiss the case with prejudice by the end of business on Thursday.

If they don't voluntarily drop the case (which they probably won't), Dan Booth will file a motion for dismissal on Monday, using mostly the same arguments that are in this letter. He may also move for sanctions against Monsarrat's lawyers "for bringing bad faith claims."

He gave me full permission to put this letter online and to distribute it in whatever way I see fit. Feel free to point other people at it or to distribute it further.

Comments

[jbsegal.livejournal.com]

“I’m hoping we can come to an amicable resolution, but the only amicable resolution I can
foresee is your immediate, voluntary dismissal of the claims against Mr. Newman, with
prejudice. If you do not provide me in writing, by close of business on Thursday, May 15,”…
Thursday's the 16th, which is correct elsewhere. Just wanted you to notice before they go all Ah Ha! Mistake! at you. :/

[unferth.livejournal.com]

As long as we're proofreading - page 8, first paragraph:
"A hyperlink, even to a defamatory article, does constitute a republication of the article." Missing a "not" between "does" and "constitute".

[trowa-barton.livejournal.com]

Music to my ears

[miss-chance.livejournal.com]

Ahhhhhhh.....! That was a nice read. :)
I'm a busy person and don't have much time for leisure reading, but I thoroughly enjoyed that.

[anyee.livejournal.com]

I wasn't aware that legal documents could be so snarky.

[hammercock.livejournal.com]

Snarky legal documents are the best for casual reading. One of my favorites was Mattel v. MCA Records (https://bulk.resource.org/courts.gov/c/F3/296/296.F3d.894.98-56577.html) opinion of Mattel's butthurt over the pop song "Barbie Girl" by Aqua. See also this Mike Royko column (http://articles.chicagotribune.com/1993-08-18/news/9308180038_1_sentence-after-long-sentence-zaps-children-proper-judicial-decorum) in the Aug. 18, 1993 issue of the Chicago Tribune, in which he invokes the legendary Judge Roy Bean's sentencing in the Gonzalez case. Pure gold.

[dr-memory.livejournal.com]

It should have been signed: "...y tu mama tambien."

[perspicuity.livejournal.com]

+100

#

[lizzielizzie.livejournal.com]

I think I need to find me a 40-something snarky lawyer to date. *fans self*

[plumtreeblossom.livejournal.com]

I met Ron's lawyer. He's cute! Maybe Ron can introduce you. :-)

[moechus.livejournal.com]

Very well done.

[ckd]

Too bad the judge who wrote the opinion filled with Star Trek references in one of the Prenda Law cases isn't in Massachusetts.

[beinneighe.livejournal.com]

I <3 "The second claim for relief is supposed to be under Chapter 93A of the Massachusetts General Laws. Have you ever actually read that statute?"

[beinneighe.livejournal.com]

No wait! Even better! (as a freelance writer and previously a freelance copyeditor): "(In my experience, freelance journalists and copywriters are usually only in competition with their own dwindling bank accounts.)"

[gingicat]

*cheers*

Your lawyer is quite excellent in both argumentative skills and breadth of knowledge.

[chanaleh.livejournal.com]

... And, I think, is in danger of collecting a whole movement of sapiosexual Somerville fangirls. ;-D Move over, Tom Champion.

[redcolumbine.livejournal.com]

I'm VERY glad the "bad faith claims" angle is being addressed. Frivolous and harassing litigation is, as I understand it, illegal.

[ukelele.livejournal.com]

"promoting respectful, lively conversation without imposing ham-fisted restraints on the free speech of the community
members" is really the best summary of your conduct as a moderator that I can imagine.

[twe.livejournal.com]

Agree.

[aliothsan.livejournal.com]

It is so, so good to know you have competent AND SNARKY counsel. :)

[dancingdeer.livejournal.com]

That is an amazingly fabulous read, and I really hope it accomplishes what it's supposed to do.

[ron_newman]

I got a kick out of proofreading two earlier drafts of this.

[anomie666.livejournal.com]

I read this and the word I said to myself was: BOOYA!

Great response from you and your lawyer.

[ifotismeni]

I quite enjoyed reading that, thanks for sharing it :)

[crschmidt.livejournal.com]

An enjoyable read on a crappy day. Thanks for the smiles.

[xuth.livejournal.com]

I think it's also worth pointing out that this makes the case that removing comments from the previous postings related to this action is detrimental to everyone's case while this litigation is pending.

[cos]

It doesn't say quite that. It says that those comments may be relevant to the case (by providing context), and that therefore anyone who knows that there's a court action but bribes other people to remove such comments is doing something bad.

[nonelvis]

That was a thing of beauty. Thank you for sharing it.

[blk]

GO DAN BOOTH GO!

This is absolutely awesome.

[dcltdw]

Near bottom of page 2: Pursuing these claims to judgment could subject both Mr. Monsarrat, and you two gentlemen personally, to an award of attorney’s fees. Obviously I don't know legal lingo, but an "award" of fees seems wrong. The fees would be awarded to Mr Booth and be levied against Mr Ishman and Mr Click, I would think.

[qwrrty.livejournal.com]

That is a masterwork. I have a new hero, and his name is Dan Booth.

[mfinnigan.livejournal.com]

Fantastic reading.

[dcltdw]

Also, pg 18, major paragraph: Inc., 932 F.2d 37, 43 (1st Cir. 1991) (“bringing [a] lawsuit in spite of the evidence” can violate
Chapte 93A). These improprieties would further support sanctions under M.G.L. c. 231, § 6F, see

I assume "Chapte" should be "Chapter".

[twe.livejournal.com]

This was awesome!