A BLA will remove one argument, but I suspect they will still try and sue.
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Replying to @doritmi @benedictecallan and
From what I’ve read (correct me if I’m wrong) the basis of the lawsuit would be that Dr. Hotez had wrongfully stated that the plaintiff republished “natural news” and that that put him at risk. She would have to prove actual harm / damages even if she’s not a public figure.
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Replying to @AGoldsmithEsq @benedictecallan and
Again, you’re right that it’s not likely to go anywhere legally. That’s not the point of these threats. Many of them have little legal merit. That’s not what makes them work. It’s scary to non-lawyers to get a litigation threat, and litigation is costly, hard and unpleasant.
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Replying to @doritmi @benedictecallan and
It is. But aggressive litigation would gut these lawsuits in very short order. An aggressive public interest law firm dedicated to defending scientists from frivolous litigation could do a world of good.
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Replying to @AGoldsmithEsq @benedictecallan and
I agree that there’s merit in standing up. But we need to be aware of the challenges and difficulties involved. People have stood up to these. I think most would tell you it wasn’t easy.
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Replying to @doritmi @AGoldsmithEsq and
I mean, I think one reason
@Popehat does what he does is exactly to counter this kind of thing, and@gorskon and I wrote about it in part to let people know there are options beyond caving. So I like your idea. It’s just not simple to do.1 reply 0 retweets 6 likes -
Replying to @doritmi @AGoldsmithEsq and
Indeed. I’ve been sued by a chronic Lyme disease quack as editor of
@ScienceBasedMed over a post I didn’t even write. Fortunately, my umbrella policy covered a lawyer. Otherwise it could have cost me thousands even though the suit was dismissed before going to trial.2 replies 1 retweet 11 likes -
While it’s true that academic surgeons, by and large, make significantly less than private practice surgeons, I’m still comparatively well off compared to the usual targets of these SLAPP suits. So I could have afforded the legal fees.
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But that’s not what usually scares people, including me, about these lawsuits. I might be relatively well off, but a large judgment could still bankrupt me. Now imagine if you’re just starting out and not financially stable. You’d be even more scared, and rightly so.
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That’s the point of these lawsuits. To scare you so much that, even if you have the financial means to hire a lawyer, you still don’t want to take the chance of losing, which can result in financial ruin—or even of prolonged litigation, which can rack up high legal bills.
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And that doesn’t even consider the sheer fear of having to undergo discovery and even testify. I swear, they one time I head to give a deposition I was a wreck for a long time before, to the point where I could tell I was annoying the crap out of my lawyer.
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