Yes, the title
of this article is rude. But I've got some last
minute Christmas shopping to do, and I'm not
going to nice it up. The reality, of
course, is that it was not actually Santa Claus
that delivered Barrett's parts, but a Federal
Judge. Considering the timing of the
Judge's actions, I'll stick with the title.
31st, 2011 Stephen Barrett, of quackwatch.com
infamy, filed a Motion to Dismiss in its
Doctor's Data v Stephen Barrett
Federal court case. Barrett's reasoning
(if you could call it that) was that he was
protected from lawsuits because he, Barrett, was
"Assisting Government." Laugh here.
More, it was
clear to me, that Barrett was demanding that
the Federal Court declare him, Stephen Barrett,
as the undisputed "Czar/God of US Health
Care." Barrett, too, demanded that
both the National Council Against Health Fraud
(NCAHF), and Quackwatch Inc, be removed from the
case. More, Barrett demanded
"Sanctions" against Doctor's Data and their
lawyers, blah, blah, blah...
A new Judge
had taken over the case, so there was a delay in
the Judge's Decision in Barrett's Motion to
Dismiss. But we need to wait no longer.
The Decision is in.
was NOT declared the undisputed "Czar/God of
US Health Care." Neither the NCAHF,
nor Quackwatch Inc was removed from the case -
and this is of utmost importance, as I will
will begin - IN EARNEST.
And Now things will get
In an earlier
"Barrett's Sweaty Desperation..." explaining
the case, I had said:
Where's The Beef? It's
In summary, the case against Barrett, so far,
simply points out that he, Barrett, and his
minions, masters and henchmen are operating a
sleazy scheme for profit. Below, in what is
called "The Background," you will find a
detailed explanation of the point of the case as
the attorneys for Doctor's Data, are laying it
out for the Judge right now.
But don't be fooled - for although this part
of the case is very substantial it is just a
step to get to the real meat of the case, which
will come to light during the Discovery phase.
And Barrett, his minions, masters, and henchmen
are in an absolute panic about Discovery - for
it will be there that vital information to
increase the scope, and the focus of the case
will be uncovered.
Why? Because during "Discovery" Barrett will
be required by the Federal Court to answer
virtually thousands of questions about how he,
his minions, masters, and henchmen operate -
and he will be videotaped. He cannot
refuse, nor lie, for if he does either it is
common practice for the Court, in these kinds of
instances (Contempt of Court), to clamp the
offender into the local jail until they
straighten out their attitude.
So, Discovery will be the beginning of the
end for the Quackbuster Conspiracy. Enough
information will come out of that process to
justify, I think, hundreds, if not thousands, of
new lawsuits, financially devastating Barrett's
Then too, I predict, Discovery will show that
Barrett, in fact, is merely a figurehead, a
minor player in the ruse, and most likely was
NOT majorly responsible for these writings - so,
I think, the focus of the case will change and
many more Defendants will be added.
Then too, is the issue of the conspiratorial
"Google Bombing," where Barrett's minions and
masters forced Barrett's sleazy writings to the
first page of the search engines. That issue,
although mentioned, has not yet been dealt
with. Discovery will bring this process, and
name the conspirators, to light. Once that
happens, I predict, the case will change
The Stalling is Over -
actually, you can be sure that the stalling is
NOT over. Just the stalling to get to the point
to open the Discovery door is over. Now
stalling each step of discovery will begin.
Why? From Barrett's, the NCAHF Board
Member's, the Quackwatch Inc Board members, and
the skeptic's viewpoint it is all downhill.
Right this moment they are looking around at
their assets realizing that it is just a matter
of time before they need to pick out a bridge to
There is a twenty million dollar claim to pay
AND, there is
another issue that now needs to be dealt with -
the fact that Barrett's minions and henchmen,
after the case was filed, tried to achieve what
is known as the "Streisand Effect" running
Doctor's Data out of business. In an
earlier article I had said:
What the Defense (Barrett's legal team) is doing
is to stall, stall, stall, stall, stall with
every legal trick they can think of. Why?
I believe that Barrett's Masters thought they
could run Doctor's Data out of business, during
the case, by making an increased attack on them
on the internet. As you recall, the
"Skeptics," as I reported in an earlier article
in a Tizzy Over Barrett Getting Sued..." had
organized an attack called a "Googlebomb." Below is an excerpt:
Besides the fact that "Orac" whined, like a
girl, through the entire article, his comments,
it looks to me, are more than enough to get him
added on as a Defendant in the case. I can see
that coming. But better, and this where I give
him the "dumb of the dumbest" rating, was his
last paragraph saying:
You can help Dr. Barrett, too. If you're a
blogger, please write about this.
What "Orac" was doing was soliciting MALICE -
and he was successful. The kiss-ups went to
work organizing what's called a "Googlebomb"
insuring that their totally libelous version of
Doctor's Data, and their version alone,
dominated the internet search engines.
This is VERY important. Because it was
organized legal malice. Stupid? You bet. Legal
"Malice" is just about indefensible in Court,
and comes with the penalty, in virtually every
jurisdiction in the US, of bringing on massive
punitive damages without having to prove any
damages in the first place. The punitive
damages are applied JUST BECAUSE there was Legal
Malice. Like this:
"Malice - A desire to harm others or to see
attitude/good attitude/bad attitude/neutral
"Malice, to most
people, is a nasty feeling of wanting to hurt
another person. What many people do not know is
that if malicious action is taken against one
party, the other party has the civil right to
bring a lawsuit. This is called legal malice,
or one party’s intent to cause harm to another
party. What is important to note here is that
malice is the intention of causing harm.
Criminal offenses of causing actual harm to
another party is separate from legal malice. It
is important, also, to determine whether the
malice is expressed or implied. In expressed
malice, one party gives an outward indication of
the intention to cause harm to another party.
This may include an oral statement or printed
statement. Implied then, is the implied
intention of harm in a killing or harming of
another party. "
Doctor's Data could subpoena, following the "Googlebomb"
attack mentioned above started
by Sanofi-Aventis agent David Gorski (Orac
the Nipple Ripper), the "Skeptic"
network files, garnering information on who,
exactly, the hidden "skeptics" actually are,
and how they are funded.
Why is it important
that the NCAHF and Quackwatch, Inc were left in
Because this is going to be a jury
trial. Barrett does not testify
well in court, at all. The jury
could very well award Doctor's Data way
more than what they asked for (Five
Million in damages, and Fifteen Million
in Punitive Damages). Barrett can't even
pay his attorneys fees much less a court
judgment. The skeptics involved in
for the most part, it looks to me, are
people who can't hold a job - so that's
no help. Which leaves a few
"skeptics" and the individual Board
Members of the NCAHF and Quackwatch,
PS - And have a happy holiday - whatever
that may be.