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Greenbaum Brief in Orthomom Suit

Attorney Adam Feder’s response on behalf of school board member Pamela Greenbaum. As always, please link to the post, not the file.
Much like Feder’s other filings and writings, this brief has many elements of trying to get through the back door what Feder can’t fit through the front, scrambling around to find any tactic or element of civil procedure with which to get the judge to avoid making a decision on the actual libel laws. It’s weird that Feder is continually adopting this bob-and-weave strategy, seemingly assuming that the judge might actually let Feder win by avoiding Orthomom’s counsel’s attempts to create a schedule, or by a failure to as yet provide the best documentation possible that he actually represents Orthomom. It comes across as very bush league.
The brief has a number of other odd tactics: Feder pushes a line that in order to properly identify the commenters who actually referred to Greenbaum as a “bigot,” Orthomom must also be identified, in order to differentiate among the two, but once one has the former, it’s not at all clear why the latter makes any difference; he suggests that the claim Greenbaum is a bigot is a statement of fact, not opinion, and thus actually subject to legal remedies, leaving one to wonder if he expects a non-actionable statement to declare “In my opinion, Pamela Greenbaum is a bigot, though as a matter of fact, I cannot say;” he attaches posts written by Orthomom subsequent to the filing of the suit, the controversial matter of which is clearly still stuck somewhere in his own head, as he didn’t bother to explain it on paper, and somehow expects these to bolster his claims about previous posts, which are the matter about which he filed suit.
There’s more to be said about this. In the meantime, it’s worth comparing and contrasting with the Orthomom memo to quash.

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