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Santa Claus Delivers Barrett's Ass On a Platter...

_http://www.bolenreport.com/feature_articles/Doctor%27s-Data-v-Barrett/santa

clausgift.htm_

(http://www.bolenreport.com/feature_articles/Doctor's-Data-v-Barrett/santaclausg\

ift.htm)

Opinion by Consumer Advocate Tim Bolen

Friday, December 23rd, 2011

Yes, the title of this article is rude. But I've got some last minute

Christmas shopping to do, and I'm not going to nice it up. The reality, of

course, that it was not actually Santa Claus that delivered Barrett's parts,

but a Federal Judge. Considering the timing of the Judge's actions, I'll

stick with the title.

Last January 31st, 2011 Barrett, of quackwatch.com infamy, filed a

Motion to Dismiss in its entirety, the Doctor*s Data v Barrett

Federal court case. Barrett*s reasoning (if you could call it that) was that

he was protected from lawsuits because he, Barrett, was **Assisting

Government.** Laugh here.

More, it was clear to me, was that Barrett was demanding that the Federal

Court declare him, Barrett, as the undisputed **Czar/God of US

Health Care.** Barrett, too, demanded that both the National Council Against

Health Fraud (NCAHF), and Quackwatch Inc, be removed from the case. More,

Barrett demanded **Sanctions** against Doctor's Data and their lawyers, blah,

blah, blah...

A new Judge had taken over the case, so there was a delay in the Judge*s

Decision in Barrett*s Motion to Dismiss. But we need to wait no longer. The

Decision is in.

Barrett lost...

Yup, Stevie was NOT declared the undisputed **Czar/God of US Health

Care.** Neither the NCAHF, nor Quackwatch Inc was removed from the case - and

this is of utmost importance, as I will explain below.

Now, Discovery will begin - IN EARNEST.

And Now things will get VERY interesting...

In an earlier article titled **Barrett's Sweaty Desperation...**

explaining the case, I had said:

Where's The Beef? It*s Right Here...

In summary, the case against Barrett, so far, simply points out that he,

Barrett, and his minions, masters and henchmen are operating a sleazy scheme

for profit. Below, in what is called **The Background,** you will find a

detailed explanation of the point of the case as the attorneys for Doctor's

Data, are laying it out for the Judge right now.

But don*t be fooled - for although this part of the case is very

substantial it is just a step to get to the real meat of the case, which will

come

to light during the Discovery phase. And Barrett, his minions, masters, and

henchmen are in an absolute panic about Discovery - for it will be there

that vital information to increase the scope, and the focus of the case will

be uncovered.

Why? Because during **Discovery** Barrett will be required by the Federal

Court to answer virtually thousands of questions about how he, his minions,

masters, and henchmen operate - and he will be videotaped. He cannot

refuse, nor lie, for if he does either it is common practice for the Court, in

these kinds of instances (Contempt of Court), to clamp the offender into the

local jail until they straighten out their attitude.

So, Discovery will be the beginning of the end for the Quackbuster

Conspiracy. Enough information will come out of that process to justify, I

think,

hundreds, if not thousands, of new lawsuits, financially devastating

Barrett*s operation.

Then too, I predict, Discovery will show that Barrett, in fact, is merely

a figurehead, a minor player in the ruse, and most likely was NOT majorly

responsible for these writings - so, I think, the focus of the case will

change and many more Defendants will be added.

Then too, is the issue of the conspiratorial **Google Bombing,** where

Barrett*s minions and masters forced Barrett*s sleazy writings to the first

page of the search engines. That issue, although mentioned, has not yet been

dealt with. Discovery will bring this process, and name the conspirators,

to light. Once that happens, I predict, the case will change significantly.

The Stalling is Over - Discovery Begins...

Well, actually, you can be sure that the stalling is NOT over. Just the

stalling to get to the point to open the Discovery door is over. Now stalling

each step of discovery will begin. Why? From Barrett*s, the NCAHF Board

Member*s, the Quackwatch Inc Board members, and the skeptic*s viewpoint it is

all downhill. Right this moment they are looking around at their assets

realizing that it is just a matter of time before they need to pick out a

bridge to live under.

Why? There is a twenty million dollar claim to pay up.

AND, there is another issue that now needs to be dealt with - the fact

that Barrett*s minions and henchmen, after the case was filed, tried to

achieve what is known as the **Streisand Effect** running Doctor's Data out of

business. In an earlier article I had said:

(1) What the Defense (Barrett*s legal team) is doing is to stall, stall,

stall, stall, stall with every legal trick they can think of. Why? I believe

that Barrett*s Masters thought they could run Doctor*s Data out of

business, during the case, by making an increased attack on them on the

internet.

As you recall, the **Skeptics,** as I reported in an earlier article called

**Quackpots in a Tizzy Over Barrett Getting Sued...** had organized an

attack called a **Googlebomb.** Below is an excerpt:

Besides the fact that **Orac** whined, like a girl, through the entire

article, his comments, it looks to me, are more than enough to get him added

on as a Defendant in the case. I can see that coming. But better, and this

where I give him the **dumb of the dumbest** rating, was his last paragraph

saying:

ADDENDUM: You can help Dr. Barrett, too. If you're a blogger, please write

about this.

What **Orac** was doing was soliciting MALICE - and he was successful. The

kiss-ups went to work organizing what's called a **Googlebomb** insuring

that their totally libelous version of Doctor*s Data, and their version

alone, dominated the internet search engines.

This is VERY important. Because it was organized legal malice. Stupid? You

bet. Legal **Malice** is just about indefensible in Court, and comes with

the penalty, in virtually every jurisdiction in the US, of bringing on

massive punitive damages without having to prove any damages in the first

place. The punitive damages are applied JUST BECAUSE there was Legal Malice.

Like this:

**Malice - A desire to harm others or to see others suffer:

despitefulness, ill will, malevolence, maliciousness, malignancy, malignity,

meanness,

nastiness, poisonousness, spite, spitefulness, venomousness, viciousness. See

attitude/good attitude/bad attitude/neutral attitude.**

**Malice, to most people, is a nasty feeling of wanting to hurt another

person. What many people do not know is that if malicious action is taken

against one party, the other party has the civil right to bring a lawsuit.

This is called legal malice, or one party*s intent to cause harm to another

party. What is important to note here is that malice is the intention of

causing harm. Criminal offenses of causing actual harm to another party is

separate from legal malice. It is important, also, to determine whether the

malice is expressed or implied. In expressed malice, one party gives an outward

indication of the intention to cause harm to another party. This may

include an oral statement or printed statement. Implied then, is the implied

intention of harm in a killing or harming of another party.**

Doctor's Data could subpoena, following the **Googlebomb** attack

mentioned above started by Sanofi-Aventis agent Gorski (Orac the Nipple

Ripper), the **Skeptic** network files, garnering information on who, exactly,

the hidden **skeptics** actually are, and how they are funded.

Why is it important that the NCAHF and Quackwatch, Inc were left in the

case?

Because this is going to be a jury trial. Barrett does not testify well in

court, at all. The jury could very well award Doctor's Data way more than

what they asked for (Five Million in damages, and Fifteen Million in

Punitive Damages). Barrett can*t even pay his attorneys fees much less a court

judgment. The skeptics involved in the **Googlebomb**, for the most part, it

looks to me, are people who can*t hold a job - so that's no help. Which

leaves a few **skeptics** and the individual Board Members of the NCAHF and

Quackwatch, Inc.

Much more coming.

Stay tuned.

Tim Bolen - Consumer Advocate

PS - And have a happy holiday - whatever that may be.

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