Patterico's Pontifications

9/1/2015

Nadia Naffe Dismisses Lawsuit Against Me — Without Collecting a Penny

Filed under: General — Patterico @ 5:18 pm

Nadia Naffe and I have settled her lawsuit against me. I am paying her nothing. I am retracting nothing. There are no secret promises. The lawsuit has been dismissed, in exchange for my waiving any claims for attorneys’ fees or costs.

Throughout this lawsuit I have vigorously defended my First Amendment rights, and continue to do so. I stand by what I have said about Ms. Naffe, and I remain free to criticize her in the future. I continue to believe Ms. Naffe’s lawsuit was a vehicle designed to silence me. Ms. Naffe sued my wife. Ms. Naffe even sued Steve Cooley — who at the time was the Los Angeles County District Attorney, and my boss.

I continue to believe these were obvious attempts to misuse the court system, to punish me for my speech about a matter of public interest. Recall that the trial judge threatened to sanction Ms. Naffe and her lawyer Jay Leiderman for, as the judge put it, “Plaintiff’s (and/or her counsel’s) willingness to play fast-and-loose with the language that is actually at issue here.”

In the end, these tactics were unsuccessful.

It was interesting to be a defendant in a frivolous lawsuit. I went through the experience of watching media outlets publish stories about this case that repeated Ms. Naffe’s allegations as if they were true. It will be interesting to see whether any of them report that the lawsuit has been settled, with nothing retracted, and not one cent paid to Ms. Naffe. Frankly, I doubt it. Big Media loves to repeat wild allegations made in frivolous lawsuits — but the dismissal of those lawsuits is, all too often, not considered newsworthy.

While litigation is never pleasant, this litigation had some positive effects. For example, it set an important Ninth Circuit free speech precedent, holding that public employees are allowed to discuss matters of public concern on their own time. I am proud to have had a part in setting that precedent. The courts have ruled that I did not act under color of law. I did not blog or tweet about Ms. Naffe on taxpayer time.

The best part about the experience was the support I received. Not only did you, the readers, stand by me, but three lawyers stepped up and helped me throughout the process. I owe a huge debt of gratitude to attorneys Ronald D. Coleman (from Likelihood of Confusion) and Kenneth P. White (from Popehat), who both worked endless hours on this case for zero pay — and came up with the strategy that made this result possible. I would like to thank also Eugene Volokh of UCLA Law School and the Volokh Conspiracy blog at the Washington Post. Eugene wrote an amicus brief supporting my position in the Ninth Circuit, where I prevailed on the “color of law” claim.

These gentlemen all did outstanding work — not so much for me, but for the cause of free speech. I was just an incidental beneficiary . . . but a very pleased and grateful one.

Please join me in thanking Ken White, Ron Coleman, and Eugene Volokh for their efforts in bringing home this victory.

63 Responses to “Nadia Naffe Dismisses Lawsuit Against Me — Without Collecting a Penny”

  1. Ding!

    Karl (c0421d)

  2. Congratulations Pat, and major salutes to your legal helpers.

    Craig Mc (3dc0bf)

  3. Ding! Dong! Let Liberty Ring!

    Pious Agnostic (4e1a81)

  4. Way to go, Pat.

    Steve57 (3b2e7d)

  5. Please join me in thanking Ken White, Ron Coleman, and Eugene Volokh for their efforts in bringing home this victory.

    Without question.

    Bill H (2a858c)

  6. Thank you all.

    S2 (45f16e)

  7. This is fantastic news. I am so sorry you had to go through this. And yes, thank you to Ken White, Ron Coleman, and Eugene Volokh. In defending you, they defended the civil liberties of all of us.

    As someone who has been the defendant with pro bono legal help (from the terrific Marc J. Randazza), and having had a little knowledge of Patrick’s case, I just want to tell people that pro bono doesn’t mean free. Marc and his associates put in vast amounts of time, and I know this had to be the case for all the lawyers here. It is no small thing, their defense of Patrick.

    And Patrick, thank you for being a fierce advocate for and teller of the truth. That’s certainly no small thing, and a reason I have a great deal of respect for you, even on occasions when I don’t entirely agree with you. The integrity’s always there.

    Amy Alkon (2c1ee8)

  8. Congratulations!!!

    This experience will benefit you in many ways that you can’t even imagine right now. It’s too bad that Nadia is not a “household name” as is “Michael Mann” and his hockey stick. Mark Steyn is blazing a path through the D. C. District Court that will be remembered, especially with his new book A Discrace to the Profession. But having someone of limited notoriety sue you is probably a good call by whomever is orchestrating (and paying for) all this crap. A book exposing Nadia Naffe would have a rather limited audience. And rightly so.

    bobathome (279337)

  9. she is terrible person

    happyfeet (96f504)

  10. Victory favors the prepared.
    Congrats.

    mg (31009b)

  11. congratulations, patrick,

    narciso (ee1f88)

  12. A win for the good guys, a loss for vermin scum.

    Colonel Haiku (2601c0)

  13. I got to meet Pat and Ken in person and eat fruit salad in a fancy club. Anyone with brains to spare like I got would gladly spare some for that opportunity!

    In fact… I think I’ll have some more…

    Ron Coleman (32ebfd)

  14. americans eat WAY too much salad

    it’s mostly water you know

    and sometimes it has like cheese and stuff in it

    happyfeet (831175)

  15. great work, mr. coleman,

    narciso (ee1f88)

  16. Congratulations!
    This is great news.

    Mrs Whatsit (a1d9be)

  17. Nadia Naffe and I have settled her lawsuit against me. I am paying her nothing. I am retracting nothing. There are no secret promises. The lawsuit has been dismissed, in exchange for my waiving any claims for attorneys’ fees or costs.

    So, in the words of the Black Knight: “Alright, we’ll call it a draw.”

    Congratulations P, and well done to you and your legal team.

    JVW (ba78f9)

  18. why didn’t you file a counter suit under anti-Slapp, or was this not covered?

    regardless, this is great news, she’s a miserable person who deserves to have the word know what a miserable person she is, and hats off to all your legal team.

    now, if only something like this could happen to BK…

    redc1c4 (6d1848)

  19. red,

    An anti-SLAPP motion was filed (which is different from a countersuit) and it was still pending after the suit was sent back by the Ninth Circuit. Ms. Naffe already owed a few hundred dollars in costs, and faced paying tens of thousands of dollars in attorneys’ fees if she lost the anti-SLAPP motion.

    Patterico (3cc0c1)

  20. So, in the words of the Black Knight: “Alright, we’ll call it a draw.”

    She had suffered a mere flesh wound.

    Patterico (3cc0c1)

  21. The way these folks twist the truth, they’ll probably call the lack of sanctions on them a “victory”.

    But congratulations and good riddance.

    Kevin M (25bbee)

  22. Ron Coleman, I’m delighted to see that you read our blog. Pat is a terrific host, and we all owe a lot to him for his efforts. Which means we also owe a big THANK YOU to you!!!

    bobathome (279337)

  23. The news is OK and all, but since I can’t think of a way to inject topics from abstract algebra & formal logic into the comment thread, I don’t particularly care.

    Seriously, though, good for you, I’m glad for you, and I’m grateful that you stood up to her.

    CayleyGraph (dfcefe)

  24. I’m glad for you that it’s over, Patterico.

    nk (dbc370)

  25. Ken White, Ron Coleman, and Eugene Volokh are patriots. They sacrificed their own time and money for the cause of liberty. Thank you, gentlemen.

    norcal (01c4f9)

  26. Congratulations, Patterico and team. Well done and well deserved.

    htom (4ca1fa)

  27. She had better have settled. And it was probably in her counsels interest as well.

    I’m glad it done, and one disreputable kook has shuffled off the scene, or off to whatever greasy reality show try out equivalent can divert her interest.

    SarahW (67599f)

  28. Congratulations to all. It is great to see the good guys win one!

    Cecil Bordages (9cafac)

  29. And all praise to you Patrick, and those who stood with you, and in vigorous defense of speech rights.

    SarahW (67599f)

  30. “I went through the experience of watching media outlets publish stories about this case that repeated Ms. Naffe’s allegations as if they were true.”

    You would have had media support if you pushed liberal views. Take for example this current NY Times piece. It could have taken the position that James O’Keefe successfully carried out a sting of Hilary’s campaign workers for violation of elections finance laws.

    But no. It “stalks” its targets and has problems with lying to get information. I don’t remember them saying that about 60 Minutes. And if that isn’t enough, it said O’Keefe’s group “considers itself a journalism organization.” Wow!

    Yes, Patterico, you are not going to get a fair shake with the media. But that’s why we admire you.

    AZ Bob (34bb80)

  31. The truth will out. But sadly the process is the punishment.

    Think what would have happened to someone without your access to the excellent
    assistance that aided your defense.

    The everyday person lives in fear of a lawsuit brought solely to punish.

    And now even the Government is doing it more and more.

    Overcharging, requiring silence and offering plea bargains while hiding facts
    from the defense.

    Our legal system which once was our foundation for all that we were proud of
    has become a unstoppable juggernaut, grinding over the public leaving destruction
    and poverty in it’s wake.

    Time for some sort of oversight that contains the means to punish those who step
    over the line drawn and to force transparency on those who wish to hide.

    jakee308 (c37f85)

  32. Wonderful news! To be relieved of having this weight must be a tremendous relief, Patrick. Such an admirable group of fine men who came to your aid and success.

    I can’t help wonder what Naffe hoped to gain from this. It just never really made sense. Unless, of course, she was being “encouraged”…

    Dana (86e864)

  33. Ahh seeing signs of a turn in the seasons. Fall just around the corner. Anyone know where I can get a cheap rake?

    SarahW (67599f)

  34. I can’t help wonder what Naffe hoped to gain from this. It just never really made sense. Unless, of course, she was being “encouraged”…

    Certain people openly boasted of said encouragement.

    Patterico (3cc0c1)

  35. Congratulations.
    Glad you moved past this. Still upset by a system that allows idiots to abuse the law.
    There needs to be an adult early in the process that tells people like Nadia to hit the road

    steveg (fed1c9)

  36. Anyone know where I can get a cheap rake?

    Anthony Wiener is looking for a job…

    Gazzer (46b071)

  37. Glad you moved past this. Still upset by a system that allows idiots to abuse the law.
    There needs to be an adult early in the process that tells people like Nadia to hit the road

    Indeed. I see no reason that the general idea of a SLAPP law — forcing plaintiffs to come forward and show they have a real case before the defendant has to respond — shouldn’t apply to every civil case.

    Patterico (3cc0c1)

  38. Inspiring to see you prevail against such a fraud. Thanks for posting.

    DeeInHouston (71cb95)

  39. Congratulations gentlemen! The good guys won.

    felipe (56556d)

  40. Good news indeed.

    Ag80 (eb6ffa)

  41. I am happy for you, boss man. But there is a part of me that wanted her lying arse to have to pay fines and costs as a result of her lies.

    JD (8bc8e4)

  42. Congratulations to all involved in this matter!

    Pimp Daddy Welfare (cccb16)

  43. I am happy for you, boss man. But there is a part of me that wanted her lying arse to have to pay fines and costs as a result of her lies.

    Oh, if I had Sheldon Adelson standing behind me, willing to pay any multi-million dollar judgment that some insane jury might reach, I would happily have forced her to litigate the anti-SLAPP.

    But you make your judgments in the real world. And in this real world, this was a great outcome.

    Patterico (3cc0c1)

  44. I know, Patterico. I know.

    JD (34f761)

  45. Hi commenters, I know I’m not a regular here but I sometimes show up when there’s a Kimberlin related post.

    As others (including Patterico) have already pointed out, Naffe’s suit rested on patently false claims and most observers would conclude it was encouraged by Kimberlin as part of his harassment and retaliation campaign against people who write about Kimberlin’s disgusting, perverted, unlawful behavior.

    Please understand that Brett Kimberlin has all day to work on this project in stead of working on a full time job like many of us do. He seems to now spend all day filing wholly frivolous lawsuits and running smear and harassment campaigns lately. He also still has a contemptible following of toadies, Naffe possibly no longer among them, who he uses to do things like harass and smear his enemies. It is quite important to continue to draw attention to this man – whose crimes have left behind dead bodies, bomb parts, destroyed property, and by all appearance, at least two specific females upon whom he committed statutory rape (i.e., his estranged wife and a girl whose grandmother he ordered murdered back when he lived in Indiana). Brett will continue his full time pursuit of a life of crime unless many people step in to help stop him as well as his allies.

    If you want up to date news on what Brett and team are doing lately, you can probably turn to hogewash.com, although as prolific as Brett’s antics are, it will seem to be what you’d call “inside baseball” and it’s hard to keep up with. If you want to know how Brett’s rise to national infamy began, one interesting new source is https://ukuleledave.wordpress.com/ , whose proprietors are – this week only – doing a special series on the Speedway bombings, an incident where Brett maimed people with bombs in Speedway, Indiana in hopes of distracting the Speedway police from their investigation of his role in the murder of a woman whose granddaughter Brett had evidently been molesting.

    BKWatch (ee45fd)

  46. Congratulations.

    slp (3cff6b)

  47. what does nadia do for a living these days

    happyfeet (831175)

  48. Thanks, Patrick, for standing tall and tough on this. Too many right the Constitutions says we have have been eroded by Big Brother already.

    And thanks to Ken White, Ron Coleman, and Eugene Volokh for helping.

    Dan S (94f399)

  49. Wonderful news!

    mayBee (b709ed)

  50. I don’t really know anything much about Nadia Naffe’s personal life, what her work is, whether she does anything with her time much beyond spreading intentional lies on behalf of wanted fugutive Neal Rauhauser or prolific criminal and widely suspected pedophile Brett Kimberlin. However, I did notice she took up the twitter account @AfricanaHistory . This was some time after she pretended she was ceasing to annoy people with her other twitter account, @NadiaNaffe , where she has put the (false) self-description “Invisible on Twitter.”

    One common thread connecting most people who do errands for Brett Kimberlin is their poor character. For example, Craig Gillette, who occasionally follows Brett’s orders to harass Brett’s critics when he’s not “working” on Brett’s “charities'” ridiculous music videos, is a convicted child pornography user. (Such a weird coincidence he and Brett hit it off in prison.) All around creep and con-man Neal Rauhauser is a wanted fugitive on the run. Matt Osborne has a very strained relationship with the truth, and an incredibly powerful aversion to doing real honest work for a living. Bill Schmalfeldt… enough said.

    Nadia Naffe’s not in good company.

    BKWatch (d55330)

  51. Congratulations, Patterico. When Naffe’s spat with O’Keefe began, I remember arguing her side of things because I thought O’Keefe was a slimeball. I realized soon after that I was misguided. I still think O’Keefe is a slimeball, but every step that Naffe has taken throughout this process indicates that she is a slimeball as well, and far worse than O’Keefe.

    Speech suppression is one of the most dangerous, soul-crushing things we have to grapple with as a people, and she pursued speech suppression gleefully. Any defense I ever made of Naffe, I rescind. Kimberlin, Rauhauser, Naffe, and all of their associates can go f*ck themselves.

    Leviticus (f9a067)

  52. “I can’t help wonder what Naffe hoped to gain from this”

    If “this” goes all the way back, simply this: consideration and esteem; and it backfired something awful, because her means to obtain it – some strident but inconsistent claims of victimhood – couldn’t take a good look in a hard light and withstand.

    She’ll have to take away from it what she can. Nadia’s prize is having succeeded at being a major pest and making criticism and exposure cost.

    SarahW (67599f)

  53. This is a good thing. Kudos to you and those who helped.

    Tim McGarry (be9b88)

  54. congratulations to you and thanks to your attorneys

    Mike S. (f5d617)

  55. CONGRATULATIONS!!! Such wonderful news. Many, many thanks to your attorneys for making this happen.

    It was interesting to be a defendant in a frivolous lawsuit. I went through the experience of watching media outlets publish stories about this case that repeated Ms. Naffe’s allegations as if they were true. It will be interesting to see whether any of them report that the lawsuit has been settled, with nothing retracted, and not one cent paid to Ms. Naffe. Frankly, I doubt it. Big Media loves to repeat wild allegations made in frivolous lawsuits — but the dismissal of those lawsuits is, all too often, not considered newsworthy.

    If memory serves me correctly, that very situation – a legal allegation involving a public figure who is employed by the government, initially spread throughout the news with great fanfare, but retracted rather quietly – was the one that first brought me to this blog.

    bridget (d90803)

  56. Congratulations. I was sued by Medifast for $270 million. A totally friviolous suit that took 5 years to resolve. And $200k of attorneys fees which they were forced to reimburse. It is my belief that Medifast simply wanted to ruin my career and finances. I feel your pain. I was completely dismissed from the case, but at great cost over those 5 years. I am so glad you fought this!!!

    Tracy Coenen (557bbe)

  57. Congratulations and thank you.

    AMartel (a99e2c)

  58. What this country needs is a Vexious Litigant Project to neuter miscreants like Naffe, the Speedway Bomber, and the Freedom From Religion Foundation.

    PCD (39058b)

  59. Thank you!!!!

    Bill (ce264e)

  60. This is good news. Congratulations to everyone involved.

    DRJ (521990)

  61. 🙌

    SPQR (4764ea)

  62. Congrats to Patterico and his co defendants who were targeted in a petty and nasty effort to harm his family and professional life. Everyone reading here knows that was a ruthless attack on free speech. Normally we say the answer to speech we don’t like is more speech, but that rule doesn’t work for thugs.

    I do hope his lawyers got some satisfaction from their hard work. They did a good thing for everyone’s civil rights.

    Dustin (2a8be7)

  63. Jay Leiderman is a piece of garbage. I am very glad of your victory. Leiderman filed three SLAPP suits against me which, two in CA and one in TX. In Texas we just got a reversal of the denial of our anti-SLAPP motion last December by the Ft Worth Court of Appeals and just today filed our motion for sanctions and attorneys fees in the trial court. We are seeking $300,000 in attorneys fees and $1 million in sanctions – all due to Leiderman and one of his stupid clients getting SLAPP happy. In the federal court in the Northern District of California I have another motion for sanction (Rule 11 sanctions) pending, as well.

    Only a moron with no other options would hire Jay Leiderman for an attorney.

    Tom Retzlaff (c09912)


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