Just over two years ago, Richard Carrier filed a lawsuit against Freethought Blogs, The Orbit, Skepticon, and a few individuals. Strangely, his choice of venue was Ohio, well away from anyone involved …
It’s worth noting that Ohio lacks any anti-SLAPP protections — making it easier to sue people who may not have the money to fight back — while California, Minnesota, and Missouri have at least some protections.
It was a crafty move, but in the end it bit Carrier in the ass.
Defendants made allegedly defamatory statements outside of Ohio, relating to conduct that occurred outside of Ohio, about an individual who moved to Ohio a few weeks before the statements were made. In sum, there is no sufficiently substantial connection between any of the Defendants and Ohio to make the exercise of personal jurisdiction reasonable.
The Court declines to hold an evidentiary hearing because even if all of Plaintiff’s assertions of fact are true, there is still an insufficient basis for personal jurisdiction. Weighing the evidence in the light most favorable to Plaintiff, the Court holds that Plaintiff has not made a prima facie showing of personal jurisdiction over any of the Defendants.
PZ Myers is already celebrating, quite understandably, so I’ll play the grump.
For the foregoing reasons, the Court GRANTS Defendents’ motion to dismiss for lack of personal jurisdiction and DISMISSES Plaintiff’s Complaint WITHOUT PREJUDICE.
“WITHOUT PREJUDICE” is the troublesome bit, as that means Carrier can re-file his lawsuit in another state. He appears to be an independent scholar that earns most of his money from online courses, yet his legal bills must be substantial, which suggests one or more people are subsidizing his lawsuit. Even if he didn’t have a sponsor at the start, he likely has one now. How much money are those people willing to sink into griefing FtB/The Orbit/Skepticon? If Carrier’s move was to set up this lawsuit, that suggests he or his possible backers know the legal system, know how expensive it can be, and hold a substantial grudge.
I’d recommend tossing some cash at the defendants; if my pessimism is accurate they’ll need the cash, and if not it’s a good guess that their legal bills are more than what they fundraised. Don’t dump all your cash in there, though. Save a bit for champagne, as this is still a celebration.
HJH 2018-11-14: Two things. James Hammond on Pharyngula pointed out that I wasn’t considering the statute of limitations. It turns out both Minnesota and Missouri only allow libel claims within the two years, and California within one; two of Carrier’s original five claims were for libel, so he can’t re-file those. Minnesota and California also limit personal injury claims to two years after the incident, which I think block his claims of emotional distress there. “Tortious interference with a business expectancy” is going to be very difficult to prove, even in civil court, as the allegations of misbehavior against him haven’t prevented Carrier from offering online courses, being invited to speak at conferences, and give lectures.
In sum, there isn’t much to re-file on, which deflates a lot of my pessimism.
PZ Myers, meanwhile, confirms what I suspected.
The donations don’t yet fully cover our legal costs, so no, we’re still in the hole.
If Carrier’s intention was to punish his accusers via the legal system, he’s partly succeeded. One way to soften the blow is by donating to Skepticon or the rest of the defendants. They’ll all be grateful for the support.