Search results for "Mann Steyn"

Mann v. Steyn Mulligan

On December 19, the District of Columbia Court of Appeals effectively erased Michael Mann’s initial court victory in his defamation lawsuit against Mark Steyn, National Review, Rand Simberg and the Competitive Enterprise Institute.  Here’s how Mark Steyn pithily summarizes the developments:

1. Dr Michael Mann’s lawyer, John Williams, filed a fraudulent complaint falsely representing his client as a Nobel Laureate, and accusing us of the hitherto unknown crime of defaming a Nobel Laureate.
2. After Charles C W Cooke and others exposed Dr Mann’s serial misrepresentation of himself as a Nobel Prize winner, Mann’s counsel decided to file an amended complaint with the Nobel falsehood removed.
3. Among her many staggering incompetences, DC Superior Court judge Natalia Combs-Greene then denied NR’s motion to dismiss the fraudulent complaint while simultaneously permitting Mann’s lawyers to file an amended complaint.
4. The appellate judges have now tossed out anything relating to Mann’s original fraudulent complaint, including Judge Combs-Greene’s unbelievably careless ruling in which the obtuse jurist managed to confuse the defendants, and her subsequent ruling in which she chose to double-down on her own stupidity. Anything with Combs-Greene’s name on it has now been flushed down the toilet of history.
5. So everyone is starting afresh with a new judge, a new complaint from the plaintiff, and new motions to dismiss from the defendants. That’s the good news.
6. The bad news is that Mann’s misrepresentation of himself as a Nobel Laureate and Combs-Greene’s inept management of her case means that all parties have racked up significant six-figure sums just to get back to square one. In a real courthouse – in London, Toronto, Dublin, Singapore, Sydney – Dr Mann would be on the hook for what he has cost all the parties through his fraudulent complaint. But, this being quite the

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Mann v. Steyn — Mann Wins Round One

Last year, the noted (and controversial) climate scientist Michael Mann sued National Review and the Competitive Enterprise Institute for defamation and intentional infliction of emotional distress for blog posts written by Mark Steyn and Rand Simberg and posted on National Review Online and CEI’s OpenMarket blog, respectively.  I blogged about the case in these four posts: 1, 2, 3, 4.  Because the suit was filed in D.C. Superior Court, it was subject to D.C.’s anti-SLAPP statute, which is designed to discourage nuisance defamation suits.  Accordingly, the defendants filed motions to dismiss the complaint.  On July 19, Judge Natalia Combs-Greene of the D.C. Superior Court denied these motions.  Barring a reconsideration or interlocutory review, this case could head to trial.

In her two orders (NRO/Steyn, CEI/Simberg), Judge Combs-Greene characterizes the this as a “close case.”  She recognizes Mann qualifies as a “public figure,” at least in the context of climate policy debates.  This requires that Mann show that the allegedly defamatory comments were made with actual malice — i.e. actual knowledge that the allegdly defamatory claims were false or reckless disregard for the truth or falsity of the claims made.  Despite this high burden, Judge Combs-Greene ruled against the defendants on their motion to dismiss. In her view, both sets of defendants made statements that alleged or implied facts that could be defamatory or otherwise actionable, e.g. that Mann engaged in fraud or other disreputable conduct. She further concluded that, despite the “slight” evidence of actual malice “at this stage” of the litigation, “[t]here is however sufficient evidence to demonstrate some malice or the knowledge that the statements were false or made with reckless disregard as to whether the statements were false.”  As discovery could produce sufficient evidence to support a claim of [...]

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Mann v. Steyn — CEI SLAPPs Back

Earlier this week, Rand Simberg and the Competitive Enterprise Institute replied to Michael Mann’s libel suit. Specifically, they filed a motion to dismiss for failure to state a claim and, more interestingly, a special motion to dismiss under the District of Columbia’s Anti-SLAPP Act. As I noted here, Mann exposed himself to this motion by choosing to file his case in D.C. Superior Court.

Under D.C. Code Section 16-5502(b), a defendant in a libel action who is being sued for a written or oral statement made “in connection with an issue of public interest” is entitled to have the suit dismissed unless the plaintiff can show that “the claim is likely to succeed on the merits.” Further, the statute provides that filing the special motion stays discovery proceedings unless particular showings can be made. Given that global warming and climate policy are unquestionably issues of public interest (defined by the statute to include environmental issues), the relevant statements are clearly covered. So in order to prevail Mann will not only have to show that Simberg and CEI made provably false statements of fact concerning him that were defamatory, he will also have to show that Simberg and CEI made knowingly false statements or make their statements in “reckless disregard” of the truth — and that is notoriously difficult to do, particularly in the context of heated political debate. Further, Mann is unlikely to have the benefit of discovery to assist in his claims. Should Simberg and CEI prevail with this motion, they will be able to seek recovery of their legal costs. All of this makes me wonder why Mann chose D.C. as the venue for his suit.

My prior posts on this case are here, here, and here. [...]

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Mann v. Steyn — The Defendants Respond

On Monday, famed climate scientist Michael Mann filed suit against National Review and the Competitive Enterprise Institute over some allegedly defamatory blog posts. Now some of the defendants have responded.

Here is CEI’s official response, and a legal analysis from their lawyer. Of note, while CEI refused to apologize for the initial blog post (which was edited long before Mann threatened to file suit), it has offered to publish Mann’s response on their climate blog, an offer Mann has refused. Perhaps this is because, as Mann has commented on his Facebook page, ” There is a larger context for this latest development, namely the onslaught of dishonest and libelous attacks that climate scientists have endured for years by dishonest front groups seeking to discredit the case for concern over climate change.” Of course is Mann is suing others for defamation, he may wish to be more careful about repeatedly attacking them as “front groups” for industry.

Mark Steyn has a few posts on NRO’s the Corner — here, here, and here — suggesting he’s not too worried about the suit. Watt’s Up With That rounds up more reactions here.

As I noted here, I’m skeptical of the suit. Here’s additional analysis from Ken at Popehat and Public Citizen’s Paul Alan Levy.

An interesting twist in this case is the fact that Mann filed his suit in D.C. Superior Court, which means it is subject to the District’s anti-SLAPP suit law which makes it particularly difficult to maintain libel and defamation suits. Alison Frankel explains:

The law, in effect, shifts the way courts decide motions to dismiss, doing away with the assumption that the plaintiffs’ allegations are true. It also restricts discovery, so plaintiffs usually have to show they’re likely to prevail without

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Mann v. Steyn — Popcorn Time

Climatologist Michael Mann, creator of the infamous “hockey stick” graph, has filed suit against National Review and the Competitive Enterprise Institute for allegedly defamatory blog posts attacking Mann and his work. Dr. Mann has posted a release about the suit on his Facebook page. I’ll post links to the complaint once it’s on-line. In the meantime, here’s my prior post on the controversy.

Given that Dr. Mann is a public figure and a prominent participant in climate policy debates, and that debate over the soundness of the “hockey stick” graph continues, I am skeptical of this suit — and I say this as someone who believes human activity is contributing to climate change and supports appropriate policy responses. All sorts of outrageous charges are made all the time in the rough and tumble of the current climate debate, and many people forthrightly believe that Mann and others have cut corners in their scientific research. I think this will make it difficult for Mann to show that those involved acted with “reckless disregard” of the truth. I also doubt the courts will be too eager to police the word choices of polemical blog posts made by political commentators in the course of heated policy debates. Then again, I’m not being paid to offer a professional opinion on this matter, and Dr. Mann has retained prominent counsel. Stay tuned.

[Disclosure: I am a contributing editor at National Review Online, for which I write occasional articles and blog posts, and I worked for CEI in the 1990s. I have not discussed the merits of this suit with anyone in either organization.]

UPDATE: Here is Michael Mann’s complaint. BLT covers the story here.

UPDATE: Mark Steyn responds here. Ken at Popehat comments here. [...]

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Mann v. Steyn

Penn State climatologist Michael Mann, he of the infamous “Hockey stick” graph, is threatening to sue Mark Steyn and National Review for a blog post on NRO in which Steyn (quoting Rand Simberg) compared Penn State’s investigation of scientific misconduct allegations against Mann with the same university’s initial investigation of Jerry Sandusky and the Penn State football program. Steyn called Mann’s hockey-stick graph “fraudulent” and Penn State’s investigation of Mann’s conduct in the wake of the “ClimateGate” e-mail scandal, “a joke.”

Steyn’s comments may have been over the top, but are they worth a lawsuit? Mann thinks so, and has threatened to sue if NRO does not remove the offending blog post.

A month later, the blog post is still there, and National Review is not backing down. Here’s the response from their lawyer, which notes (correctly in my view) that Mann is a public figure who would have to prove, by clear and convincing evidence, that NR published “a provably false statement” with actual knowledge the statement was false or “reckless disregard” for the truth or falsity of the statement. Further, the letter notes, in order to defend itself NR would be entitled to seek discovery, and in the process obtain access to e-mails and other records that Mann has, thus far, resisted disclosing in various freedom-of-information suits prompted by ClimateGate. Writes NR editor Rich Lowry:

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

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That Unclean Piglet:

From Mark Steyn:

Dudley Metropolitan Borough Council (Tory-controlled) has now announced that, following a complaint by a Muslim employee, all work pictures and knick-knacks of novelty pigs and “pig-related items” will be banned. Among the verboten items is one employee’s box of tissues, because it features a representation of Winnie the Pooh and Piglet. And, as we know, Muslims regard pigs as “unclean”, even an anthropomorphised cartoon pig wearing a scarf and a bright, colourful singlet.

Cllr Mahbubur Rahman is in favour of the blanket pig crackdown. “It is a good thing, it is a tolerance and acceptance of their beliefs and understanding,” he said. That’s all, folks, as Porky Pig used to stammer at the end of Looney Tunes. Just a little helpful proscription in the interests of tolerance and acceptance.

And where’s the harm in that? As Pastor Niemöller said, first they came for Piglet and I did not speak out because I was not a Disney character and, if I was, I’m more of an Eeyore.

Steyn’s piece is much worth reading, partly because it makes some important substantive points (assuming that it is factually accurate, though I have no reason to doubt that) and partly because his work is always so readable. But I think it highlights a broader point, too.

It’s good manners, good business, and good for society when people make some accommodations of others’ preferences. If something offends your neighbors or especially your customers — or, if you run a government institution, your citizens — it often makes sense to see whether you can easily reduce that offense. We do it all the time within our own culture: An advertiser will rarely put up ads that offend many of its potential customers; many people refrain from swearing around those who dislike it; [...]

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