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On
December 11, 2023, a court proceeding by Judge Norman K. Moon in the
Virginia Western District of Federal Court convened on the issues of
jurisdiction in Dr. Malone’s defamation lawsuit against Dr. Peter
Breggin, Ginger Breggin and Dr. Jane Ruby. The judge ended Malone’s
lawsuit, stating it “has not met his burden of proof as to
jurisdiction.”[1] That is, there was no justification for bringing the suit in Virginia.
But
this was no mere technicality. Of critical importance, the Judge then
granted a request by defendants’ attorneys to consider whether Dr.
Robert Malone should be forced to pay the attorney fees of the
defendants.
Judge
Moon had previously threatened in writing to declare the Malone v.
Breggin suit frivolous, and to force Malone to pay the legal fees if he
did not stop pursuing it.[2] In
what seems like direct defiance of the judge, Malone continued the suit
until it was dismissed on December 11th, which underscores the
possibility that Judge Moon might order the repayment of the legal fees
of the Breggins and Jane Ruby.
The Judge’s warning to Malone was over two months ago when the Judge dismissed Robert Malone’s defamation lawsuit against The Washington Post. He
directed the clerk, “STRIKE this case from the docket.” The Judge
stated at the time “if Plaintiff [Dr. Malone] continues to bring
defamation actions like those that have been dismissed, there will come a
time when his lawsuits might fairly be deemed frivolous and awarding
attorney fees is appropriate.” In a footnote, the judge indicated he was
specifically mentioning Malone v. Breggin as well as Malone v. Twitter.
We
estimate it will take at least another 45 days for the judge to resolve
whether or not Malone must pay the legal fees for the Breggins and Jane
Ruby. But Robert Malone’s case against the Breggins and Jane Ruby has
been terminated by the judge.
[1] Document-64,-Dec-11-2023-19114810498.pdf (breggin.com) [2] Judge Dismisses Robert Malone Vs. Washington Post Defamation Lawsuit (substack.com)
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