Tuesday, February 10, 2009

JB Handley's Latest Frivol.

JB Handley has thrown the gauntlet to Paul Offit and sued him and the publisher of Autism’s False Prophets for ‘false light invasion of privacy’, whatever that means. The piece makes for fascinating reading.[HERE] According to the authors the crux of the matter lies at point 3:


“3. To stoke the fires of this controversy, to sell more copies of his book, and to place supporters of his pro-vaccination views in a more favorable and sympathetic light, Offit fictionalized the exchange between Seidel, a supporter of Offit's views, and Plaintiff, one of Offit's sharpest critics. Offit accomplished this fabrication by creating a made-up "plea" by Seidel for Plaintiff to stop promoting a certain autism therapy. Offit then falsified a "response" to this phony "plea" by quoting, completely out of context, a message that Plaintiff had posted on a different message board in response to an entirely different topic.”

So in the middle of a work of non fiction there is this piece of fiction expressly designed to make JB look really bad. I wonder what the courts will make of it. Does he look so terrible? As is usual in any of AoA's productions there is the occasional gaffe, like this one:

“If you don't like what we have to say, stop listening.We will bring the full resources of myself and Generation Rescue to stop this. We will sue you for libel and we will go after your homes and assets. My lawyers live to investigate and sue people like you.This will be your only warning.”

Did they really want the courts to know how fond of litigation JB is? Wouldn’t appear to be all that helpful to this upstanding businessman wanting to look like an offended party.

It’s a very rambly piece and hard to know what they're trying to string together given that though Kathleen is a non party in a hamfisted way there is an attempt to tie in neurodiversity to harassment of Gen rescue’s angels. But acknowledging that the harassers remain unidentified and then stringing it to unknown neurodiversity proponents is a bit of a stretch, but not for this crew apparently.

Needless to say, Columbia University Press and Paul Offitt aren’t taking this at all seriously and maybe the court’s will treat this as a piece of frivol.

22 comments:

  1. Actually, the authors of that piece are Bruce A. Rubin and Elisa J. Dozono of the Portland (OR) law firm Miller Nash LLP, with Thomas A. Clare and Eunnice H. Eun of the Washington D.C. firm of Kirkland & Ellis. Oddly, the names of Handley and his attorneys have been redacted from the version of the complaint that was published on AoA.

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  2. Thanks for the correction. Is it just me or am i the only one to think this extremely poorly written? It's all over the place.

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  3. Anonymous9:31 AM

    Alyric,

    Unfortunatley, the threat to sue in Mr. Handley's fairly annoying threat are not the substance of his complaint. His complaint claims that Dr. Offit fictionalized an exchange with Ms. Seidel that never happened.

    My concern, as a lawyer myself, is that Mr. Handley may actually have a case.

    Concerned in Chi-town.

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  4. Mr Handley doesn't have a case. For an attorney you're not very smart. Name?

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  5. Well I'm not a lawyer, so the whole thing is interesting for me. Quite happy to hear lawyer's opinions on this.

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  6. This comment has been removed by the author.

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  7. Anonymous3:27 AM

    I'm not a lawyer, Alyric, but I've got a bit of legal experience - albeit in Australia instead of the US.....

    But my take on this is that it's up to Handley to prove beyond doubt that the conversation between him and Kathy didn't take place. Knowing his record for telling the truth etc I think he's going to have big problems proving it - especially if Paul calls Kathy as a witness and printed proof down to times and so forth is produced. That done - Handley is as good as gone.

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  8. "But my take on this is that it's up to Handley to prove beyond doubt that the conversation between him and Kathy didn't take place."

    Thing is, it's very difficult (if not impossible) to actually prove a negative. If JB Handjob has to do that, then he's most likely fucked. If, however, the court decides to make the other side prove that the exchange DID occur, then... well... we know what Kathleen's like for her detailed and meticulous logging of information - let's face it, her training is as an information scientist! :)

    Basically... looks like JB Handjob's ... er ... fucked!

    LoL

    Beautiful! Just like a reductio ad absurbum proof! :D

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  10. Anonymous12:21 AM

    Offit's book left no doubt in my mind that he was quoting Seidel's report, not a public statement by Handley. He can accuse Seidel of fabricating the words attributed to him, but Offit can't be blamed for recording her report.

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  11. Well, Handley turned out to be right. Pretty funny.

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  13. God Bless J.B. thank you for taking this on, and the whole Generation Rescue organization. It will help all of us, You have my full support.

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  14. It was an interesting case, at the end who won the case?

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  15. this case is really interesting, even though it can be described as a weird one too. Anyway, I hope not to live a situation like this one in any period of my life, because I wouldn't know what to do.

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