Several people emailed us this from Harlan Ellison’s forum:
BIG WIN TODAY!
For those of you following my lawsuit against Gary Groth and Fantagraphics, you may relay this to Groth’s websites and/or all the other comic news websites:
The Fantagraphics attorneys, a large and prestigious firm as steely and merciless as Latham & Watkins — the firm that defended AOL in my successful litigation against them — known for the ploy commonly referred to as “papering out the opposition” — entered a gigantic, voluminous, very expensive Motion to Dismiss in Federal District Court, attempting to have my complaint dismissed at the git-go, before it could proceed to discovery stage and thence to trial.
We went to court today. The court could either kick my ass into the street and I would be in the path of Groth’s attorneys seeking costs…in the hundreds of thousands of dollars…which I don’t have…or…
The case proceeds. After more than 30 years of putting up with Groth and Kim Thompson and Fantagraphics’ calumny…
We proceed toward balance in the universe. Thank you thank you Charlie Petit and John Carmichael, Knights of Jurisprudence!
Spread the word. But be polite.
The defendants had attempted to get the suit dismissed on the ground of California’s anti-SLAPP legislation. A SLAPP, or “Strategic Lawsuit Against Public Participation” is a lawsuit which attempts to silence critics. Groth and Thompson’s legal team claimed that the Ellison defamation suit constituted an attempt to silence them via the threat of the cost of a lawsuit.
Or something like that. What is now clear is the differing PR tactics of the Groth/Thompson and Ellison camps. FBI releases piles and piles of legal documents which we keep swearing we will go through one of these days. Ellison sends out big war whoops which a kindergartner could understand.