Slashdot Mirror


Blogger Successfully Quashes Subpoena

Ares writes "In a follow-up to Blogger Subpoenaed for Criticizing Trial Lawyers, Katherine Seidel's blog indicates that not only has she successfully quashed her subpoena, but the lawyer issuing said subpoena is now under orders to appear and explain why the courts shouldn't sanction him for it. This should be interesting, because in addition to Ms. Seidel's subpoena in New Hampshire, the lawyer issued a similar subpoena to a doctor and a Harvard professor under similar circumstances."

12 of 172 comments (clear)

  1. s/Katherine/Kathleen/ by McDutchie · · Score: 4, Informative

    The blogger's name is Kathleen Seidel, not Katherine. The previous Slashdot story got this wrong as well.

  2. Re:More important things by clarkcox3 · · Score: 4, Informative

    Wouldn't a female overlord be an overlady?

    --
    There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
  3. pro bono? by l2718 · · Score: 5, Informative

    I am not sure that there were any legal fees. According to her blog post, Ms. Seidel was represented by the First Amendment team at Public Citizen. Perhaps Public Citizen should be the ones recovering some of the expenses? In any case they should be congratulated for the win!

    1. Re:pro bono? by joseph449008 · · Score: 2, Informative

      Public Citizen offered to help, but AFAIK, they didn't have to do anything. Her pro se motion to quash was top-notch. That said, Public Citizen could presumably take this further if Kathleen and they think it's warranted.

  4. Re:Justice sure feels good by spun · · Score: 2, Informative

    Chimps do teach each other things, and will not generally steal from friends. Younger males will often cooperate to distract a dominant male while a few slip in for a little hanky panky with his harem. They are quite secretive, though.

    But pygmy chimps (also known as bonobos) are very, very different animals behaviorally. Researchers speculate that the abundance of resources in the South American habitat of the bonobos, as compared to the African chimps, leads to more cooperative behavior. Bonobos are highly cooperative and non-heirarchal. Pygmy chimps are also the sluts of the animal world, and use sex to diffuse any societal tension. Which leads me to hypothesize (especially to any available females) that more sex would lead to a more peaceful, cooperative world.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  5. Re:What I want to know... by fm6 · · Score: 2, Informative

    I read both. "Sanction" means disciplinary action. Sanctions might include ordering him to pay Seidel's costs, but it's not a given.

  6. Bravo by MarkvW · · Score: 2, Informative

    From looking at what looks like the email notice of order, it appears that the blogger may have represented herself. That is simply great. Reference to the order also implies that the lawyer seriously overstepped the rules by issuing a subpoena to a nonparty without court approval. I would expect sanctions in such a context. If the blogger gets serious, she can maximize sanctions if she can demonstrate a pattern or practice of similar such abuse. I wish her good luck.

    1. Re:Bravo by jjohnson · · Score: 2, Informative

      The first link includes her response to the subpoena that was so effective. It's a good read.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
  7. Re:Justice sure feels good by dubl-u · · Score: 3, Informative

    can genes code for behaviors that are detrimental to the individual but good for the gene pool overall? Genes generally code for behavior that is good for genes. A gene for you to treat family well doesn't give a shit about you personally; your family members are likely to have the same gene, so it's just being good to other copies of itself.

    Those seriously wondering about this topic should read The Selfish Gene (Richard Dawkins's first book, wherein he coined the term "meme"). Then follow that up with Good Natured: The Origins of Right and Wrong in Humans and Other Animals. They're two very readable books by two real scientists, and they have rocked the worlds of everybody I have lent them to.
  8. Re:Sweet justice by Bobby+Mahoney · · Score: 5, Informative
    Scumbag doesn't begin to classify this guy: He's made a career out of extorting the VICP (Vaccine Injury Compensation Fund), which allows one to file a claim for vaccine injury, with no out of pocket legal expenses, because the court pays attorneys fees, regardless of the merit of the case.

    Paraphrased from Kathy's extremely... "in-depth" blog http://www.neurodiversity.com/weblog/article/149:

    Since June of 2006, Mr. Shoemaker (scumbag) has been paid fees in 22 VICP cases, 15 of which were dismissed.

    Total fees paid to this DB for the DISMISSED CASES are up to $254,291.25.

    Total fees paid for cases which resulted in awards were $330.158.04.

    Oh, and it was 4 hours after this info was published on Kathy's Blog that she was served with the Subpoena.

    --
    !#&*
  9. In part by ricree · · Score: 2, Informative
    but did you read the rest:

    and Fed R Civ P 45 (c)(1) commanding counsel to avoid burdensome subpoenas.
  10. Re:What I want to know... by joseph449008 · · Score: 3, Informative

    She filed pro se. I understand Kathleen got some help from knowledgeable friends, but that's about it. The online free speech project at Public Citizen had offered to provide their legal help, but it would seem that Kathleen did such an excellent job with her pro se filing that Public Citizen didn't have to file anything.