Cross-posted with permission from Climate Science Watch.
โThe Court finds that there is sufficient evidence in the record to demonstrate that Plaintiff is likely to succeed on the merits,โ said a DC Superior Court judge in her latest procedural ruling in theย defamation case of Michael Mann v. National Review, et al. โThe evidence before the Court indicates the likelihood that ‘actual malice’ is present in the [National Review’s]ย conduct.โย
On August 30 the Court denied the Defendants’ Motion for Reconsideration of the Court’s July 19 order, which had affirmed Prof. Mann’s right to proceed in his defamation lawsuit. The text of the August 30 Court Order is here in PDF.
Some excerpts from the Court Order denying Defendants’ Motion forย Reconsideration:
Defamation
โฆ The Court finds that there is sufficient evidence in the record to demonstrate that Plaintiff is likely to succeed on the merits. As the Court stated in its previous Order, the NR Defendantsโ reference to Plaintiff โas the man behind the fraudulent climate change โhockey stickโ graphโ was essentially an allegation of fraud by Plaintiff.ย โฆ
The Court clearly recognizes that some members involved in the climate-change discussions and debates employ harsh words. The NR Defendants are reputed to use this manner of speech; however there is a line between rhetorical hyperbole and defamation. In this case, the evidence before the Court demonstrates that something more than mere rhetorical hyperbole is, at least at this stage present. Accusations of fraud, especially where such accusations are made frequently through the continuous usage of words such as โwhitewashed,โ โintellectually bogus,โ โringmaster of the tree-ring circusโ and โcover-upโ amount to more than rhetorical hyperbole.ย โฆ
The evidence before the Court indicates the likelihood that โactual maliceโ is present in the NR Defendantsโ conduct.ย โฆ
Intentional Infliction of Emotional Distress (โIIEDโ)
โฆย The Court finds that Plaintiffโs claim for IIED is similar to that for defamation. There is sufficient evidence before the Court to indicate โactual malice.โ The NR Defendants have frequently accused Plaintiff of academic fraud regardless of their awareness that Plaintiff hasย been investigated by several bodies and his work found to be proper. The NR Defendantโs persistence despite the findings of the investigative bodies could be likened to a witch hunt. In fact, Plaintiff had nothing to do with the Sandusky case yet the NR Defendants seized upon that criminal act by a pedophile and did more, this Court finds, than simply comment on anotherย article.
The Court agrees with the arguments advanced by Plaintiff. To place Plaintiffโs name in the same sentence with Sandusky (a convicted pedophile) is clearlyย outrageous.
Stayย tuned.
