Another court document
has been filed, this time by the Plaintiff, in the
Doctor's Data v Barrett, et al, case.
It's intent was to answer the earlier, to me
nearly indecipherable, document filed by the
Defense (Stephen
Barrett) a few weeks ago.
The legal
arguments, at this point, are over the "Motion
to Dismiss" filed by Stephen Barrett's legal
team. Barrett, it appears, is claiming
that he is IMMUNE to lawsuits because, in his
own words, he is "Assisting Government." (don't
laugh - he is dead serious).
More, it is
clear, that Barrett was originally demanding
that the US Federal court formally declare him
to be the "Czar/God of US health care."
(envision the word
MEGALOMANIA here - like in sky-writing).
But, the last
few documents filed by Barrett, it appears to
me, have lost their demanding, condescending
tone. They have settled into a whine -
sort of an effort to snivel, whimper, bleat,
blubber, and mewl, hoping, as it were, to
beseech the court for mercy - so he, Barrett,
can live another day, legally - avoiding, what
for him, would be the process of self-extinction
- "Discovery." That "Discovery" would be a
course of action where Barrett would have to
reveal the names and activities of his masters
and co-conspirators.
What the new
document says...
We are getting
down to the nitty-gritty of the case. The
very first sentence says: "It is in
the final section of the Defendants'
supplemental brief that they complete their
journey from speciousness to disingenuousness to
outright misrepresentation."
Let's analyze
what's going on here by looking carefully at
what Doctor's Data is saying about Barrett and
his legal team's approach by looking at some
legal definitions:
speciousness - an appearance of truth
that is false or deceptive; seeming
plausibility; "the speciousness of his argument"
disingenuous -
adjective
dishonest,
cunning,
sly,
designing,
wily,
insidious,
feigned,
artful,
two-faced,
shifty,
deceitful,
insincere,
duplicitous,
underhanded,
guileful...
misrepresentation -
Definition: falsehood. Synonyms:
adulteration,
coloring,
distortion,
exaggeration,
fabrication,
false
light,
falsification,
lie,
misstatement,
mutilation,
not
a
true
picture,
slant,
story*,
stretch,
tall
story,
twist,
untruth.
What's
happening here is that Doctor's Data is, in
essence, saying that Barrett's legal approach in
this case is identical to his website approach
to health care:
"their journey from speciousness to
disingenuousness to outright misrepresentation."
And, it gets
better...
Then Doctor's
Data says:
"Finally, Defendants insist their speech "was
addressed to matters of public concern in health
and safety issues...." Plaintiffs are not
trying to encroach on Defendants' right to
freedom of expression. On the contrary.
It is they who are challenging the Plaintiff's
right to seek redress in the court for
Plaintiff's grievances. This anti-SLAPP
business has not arisen because Plaintiff has
tried to curtail Defendants' constitutional
liberties, but because they are seeking
conditional immunity for their lies. They
insist that "in this case" their speech was
addressed to "petitions to government agencies
for actions in protection of public health.
However, they did no such thing "in this case.""
I love this
part...
Stephen Barrett, as we
all know, ran an attack against Doctor's Data,
openly, in my mind, attempting to completely
destroy Doctor's Data laboratory and any health
practitioner that used their services. The
center of Barrett's attack was his insistence
that Doctor's Data and the health practitioners
that used it were "conspiring to commit fraud,
and other crimes," using Doctor's Data's
provoked heavy metals test. Accusing
someone, openly and publicly, of a crime is
something you better be prepared to defend in
court - because it is always "Libel Per Se,"
meaning:
"Libel Per Se" - noun. broadcast or written publication of a
false statement about another which accuses
him/her of a crime, immoral acts, inability to
perform his/her profession, having a loathsome
disease (like syphilis) or dishonesty in
business. Such claims are considered so
obviously harmful that malice need not be proved
to obtain a judgment for "general damages," and
not just specific losses."
The proper
way, in our society, to report a crime, or your
suspicion of a crime, is to approach the
appropriate police agency, privately, and lay
out your legitimate concerns. They will
investigate and make the appropriate
determination. Citizens are protected from
retaliation should their concerns turn out to
have no merit.
What Barrett
is saying, with his lawsuit "Motion to Dismiss,"
is that he, Stephen Barrett, can say anything he
wants about anybody he wants, libelous or not,
on any occasion, providing no proof of anything,
for any reason, because he, Stephen
Barrett, the "Czar/God of US Health Care," is
immune to lawsuits because he, Stephen Barrett,
is "Assisting Government."
Well, I'm glad
we got that straightened out (sarcasm intended).
But, what
Barrett, and his minions did, was to write
several articles about Doctor's Data, conspire
to catapult those articles to the first page of
the search engines, use those articles as a
basis for Complaint in several lawsuits,
and Medical Board Complaints, and more.
So, what was
the basis for expertise in the series of
articles about Doctor's Data - why it was
Stephen Barrett himself, the man who has not been
licensed to practice medicine in any State since
1993, and who has been formally declared by the
US court system to be "biased, and unworthy of
credibility."
Yup - no
wonder Barrett is terrified of "Discovery."
Here is the
important part of the actual document...
For sure, read
the very last paragraph, where it starts:
"In its
supplemental brief, Plaintiff relies on three
points..."
That will
give you the big picture of what's really going
on here, with this case.


To refresh your memory:
The case charges the Defendants with (1) Lanham
Act Violations - Restraint of Trade, Deceptive
Business Practices, and Trademark Dilution, (2)
Trademark Dilution under the Illinois Trademark
Registration and Protection Act, (3) Violations
of the Illinois Consumer Fraud and Deceptive
Business Practices Act, (4) Violations of the
Illinois Deceptive Trade Practices Act, (5)
Business Libel Per Se, (6) Business Libel Per
Quod, (7) Tortuous Interference with Existing
and Potential Business Relationships, (8) Fraud
or Intentional Misrepresentation, (9) Civil
Conspiracy, (10) Corporate Officer and Board
Member Personal Liability, (11) Temporary and
Permanent Injunctive Relief."
"The lawsuit seeks $5,000,000 in damages and an
additional $15,000,000 in punitive damages from
the Defendants, temporary and permanent
injunctions preventing re-occurrence, plus
whatever else the Court deems suitable.
Here, is a copy of the
actual lawsuit with the Exhibits:
A,
B,
C,
D,
E,
F,
G. Happy reading."