Case Dismissed: Judge Dismisses Entire Sherwood vs. Kerry Lawsuit

[kerrygoddess]

Case Dismissed: Judge Dismisses Entire Sherwood vs. Kerry, “Stolen Honor” Lawsuit
August 4th, 2006 @ 11:00 am

Breaking News: The Democratic Daily has just received word that Sherwood vs. Kerry has been dismissed…

Yesterday, in a true victory against the “Swift Boat Veterans for Truth,” the Federal Court in Philadelphia issued a decision dismissing a defamation case brought by Carlton Sherwood against Senator John Kerry and his Pennsylvania campaign manager Anthony Podesta.



The complaint had alleged that the Democratic National Committee and others sought to prevent Sherwood during the 2004 Presidential Campaign from distributing a movie entitled “Stolen Honor,” which dealt with Sherwood’s views of the Senator’s conduct after his military service during the Vietnam War.

The case was “dismissed with prejudice.” A “dismissed with prejudice” ruling means that Carlton Sherwood can never bring another lawsuit against John Kerry on this topic again.

Last October, I had reported here on the lawsuit:

“Carlton Sherwood and his band of twisted cohorts who defamed John Kerry, are suing John Kerry and a former campaign staffer, claiming that they defamed him.”

The “dismissed with prejudice” ruling is a true victory against Sherwood and his right wing crew of liars and it proves the point that the progressive grassroots was right to stand up to Sinclair Broadcasting in 2004.

MORE & LINK TO PDF of Court Ruling - http://blog.thedemocraticdaily.com/?p=3799

[AndyA]

1. Good. Now let's do something about the illegalities of the GOP... n/m

[yellerpup]

2. That's great news, kerrygoddess.

Thanks for letting us know. K&R! :kick:

[Eugene]

3. AP: Judge Dismisses Suit Against Sen. Kerry

Judge Dismisses Suit Against Sen. Kerry

By MARYCLAIRE DALE

PHILADELPHIA Aug 4, 2006 (AP)— A federal judge dismissed a filmmaker's defamation
suit against Sen. John Kerry, saying remarks linked to Kerry's campaign during
the heat of the 2004 presidential race amount to political opinions.

Filmmaker Carlton Sherwood sued Kerry and John Podesta, an aide who ran the
Massachusetts Democrat's campaign in Pennsylvania.

Sherwood accused them of blocking the release of his documentary about Kerry's
anti-Vietnam War activities by labeling Sherwood a "disgraced journalist" and
a "Bush hack."

-snip-

U.S. District Judge John P. Fullam said he found no evidence that Kerry personally
made any of the statements, and furthermore, found that they were protected opinions.

-snip-

Full article: http://www.abcnews.go.com/Politics/wireStory?id=2274295

[peacetalksforall]

4. Does a decision like this embolden creatures or slow them down?

[gratuitous]

5. Since it got knocked out on a simple motion to dismiss

I think it will slow them down. Most attorneys (contrary to some portrayals of them in the media) aren't anxious to file suits that will get summarily tossed out of court with prejudice. It makes them look foolish to the rest of their legal community, and isn't really good for business.

That's not to say that these maniac plaintiffs won't try to file cases on their own (pro se), but those kitchen table complaints will have even less chance of flying with a court. Judges really dislike wasting their time on frivolities like this; there's plenty of real cases to adjudicate without getting entangled in this crap.

[patrice]

6. We picketed Sinclair Broadcasting in front of a local TV station

here in K.C. For a couple of days during the campaign, about 40 of us stood along I35 during evening rush hour. Our signs called for a boycott.

[MagickMuffin]

7. Waaaa,

you sunk my Battle Sink, I mean my Swift Boat.:cry:

This is great news. These guys are such a disgrace to Democracy. They have turned it into DeMockracy.

A big round of :applause: for the "Activist" Judge.

[MrCoffee]

8. Tort Reform Now!

Another frivolous lawsuit dismissed, thanks to Fed. R. Civ. Pro. 12(b)(6).

[me b zola]

13. The courts worked just as they were designed

And the fool who brought the frivilous lawsuit must eat crow.

[tabasco]

9. I thought right-wingers hated lawyers and frivolous lawsuits.

This Sherwood guy sounds like a real jackass.

The truth hurts, pal. You are a disgraced journalist and a sad excuse for a human being.

Anyone who does character assassination on decent and honorable men is beneath contempt.

[wisteria]

10. Sherwood should be made to repay the tax payers for the cost

of bringing up this ridiculous claim in the first place.

Good News though!

[MrCoffee]

11. Sherwood should be made to stand in the stocks

while people get to line up and pelt him with rotten fruit.

[Vidar]

12. Thanks for the good news.

[Judi Lynn]

14. Judge dismisses filmmaker’s defamation suit against Kerry

Judge dismisses filmmaker’s defamation suit against Kerry
By Associated Press
Friday, August 4, 2006 - Updated: 02:46 PM EST

PHILADELPHIA - A federal judge threw out a filmmaker’s defamation suit against Sen. John Kerry, saying remarks linked to Kerry’s campaign during the heat of the 2004 presidential race amount to political opinions.

The filmmaker, Carlton Sherwood, sued Kerry and campaign aide John Podesta, who ran his campaign in Pennsylvania. Sherwood accused them of blocking the release of his documentary about Kerry’s anti-Vietnam War activities by labeling Sherwood a “disgraced journalist” and a “Bush hack.”

The Sinclair Broadcast Group Inc. canceled plans to air the 42-minute film “Stolen Honor: Wounds That Never Heal” on its stations before the November 2004 election.

Senior U.S. District Judge John P. Fullam said he found no evidence that Kerry personally made any of the statements, and furthermore judged them protected opinions.

“I do not believe any of these statements are actionable since they constitute expressions of opinion, and must be viewed in the context of a hard-fought political campaign,” Fullam wrote in a ruling issued Thursday. “More importantly, I am not aware of any basis for holding a political candidate personally responsible for statements made in press releases issued by his party’s national committee.”
(snip/...)

http://news.bostonherald.com/localRegional/view.bg?articleid=151434

[NMDemDist2]

15. cool! now I hope Kerry sues their socks off for defamation! K&N n/t

[Name removed]

16. Deleted message

Message removed by moderator. Click here to review the message board rules.

[wicket]

17. Excellent news

I hope Kerry sues the bastards, but he's got a ton more class than these assholes :grr:

[Tight_rope]

18. Good

:kick:

[rocktivity]

19. CUE THE VONAGE THEME!

:woohoo:
rocknation

[HuffleClaw]

20. ACTIVIST JUDICIARY ! !! ! !

someone had to say it. ;-)

[autorank]

21. It's Truth day - this plus the 911 thread plus Lieberman's preppy riot

busted - what more can you ask other than an honest election and somehonest office holders who relaize they work for us.

Great news, thank you for the post.

[kestrel91316]

22. Hahahahahahaha ........................ way to go Big John!

Dismissed WITH PREJUDICE - such sweet words!!!!!!

[struggle4progress]

23. Heh! Swiftboaters are stooopid.