Setting the Record Straight

Now that the shock at the section of the revised settlement that awards the objectors a "special award" has sunk in, let's set the record straight.

In one of the most selfish moves of all time, the objectors, led by Irvin Muchnick, stopped a settlement that would have taken effect in 2005.  They dragged the class members through court after court in search of what Muchnick termed was a settlement actually worth between $600 million to $2.6 billion.  Now, nine years later, Muchnick agrees to basically the same settlement plus 14 per cent.  We've already commented on the massive inconvenience, let alone several deaths, to the class members. 

Muchnick had a litany of complaints about the original settlement, including something he called "License by Default,"  the C-reduction, which could have reduced payments to C-class members, the actual value of the settlement, and the lack of sub-class representation.  The Appeals Court summarily dismissed every one of Muchnick's claims, except the ONE issue that the C sub-class lacked sufficient representation.  And even with that ONE issue, it was a 2-1 decision, with the dissenting judge writing an unusually long 16-page dissent.

And for winning that one small point, which insignificantly affected the revised settlement, Muchnick is due a "special award?"  How in the world can this be considered fair?

Where is Muchnick's Apology?

I'm not even talking about an apology to the thousands of class members he's screwed.  I'm talking about the poor class members who have died and will not be able to share in the revised settlement.

We wondered about how many people have died while waiting to be paid.  Now the revised settlement confirms that there have been several deaths by the named plaintiffs.  That extra 14 percent is really going to help them.  The court papers provide for payment to their estates.  Well, isn't that wonderful. 

The court papers claim that Muchnick and the objectors deserve a special award for looking after the best interest of the class.

Well, I'll make you a deal, Mr. Chalmers.  Since you represent the C class, go ahead and poll them as to whether Muchnick deserves a "special award."

If more than 10 per cent say yes, Muchnick was looking out for their best interest, I'll shut up about it.

THIS INJUSTICE SHOULD NOT STAND

A revised settlement in the Freelance Writers' class action suit was filed with the US District Court in New York Friday.

There are several points in the revised settlement that I don't agree with, but can live with.

This paragraph, however, should not be allowed to stand:

"Revised Terms: Under the revised settlement, Plaintiffs’ Lead Counsel, on behalf

of counsel for the Category A and B works, will apply for a total fee-and-cost award of

approximately $3.3 million, plus a $2,000 special award for each of the nineteen Category A/B

representative plaintiffs and the estates of Derrick Bell and Andrea Dworkin. Counsel for the

Category C works will apply for an “all-in” award of $600,000 for attorneys’ fees, costs, and

special awards to the two Category C representative plaintiffs and eight former objectors. The

Defense Group has agreed not to oppose these applications."

Muchnick should not be allowed to profit for causing such misery to the class members.  It is tantamount to paying him a ransom to release payments for everyone else.  I am going to try to find out exactly what this "special award" is.  If it is anything that amounts to a substantial sum, I will urge all freelance writers to object to this travesty. 

This Dog Ain't Huntin' Anymore

Ever been to the dog races?

The greyhounds are taught to chase a mechanical rabbit that eventually disappears when the race is over.  The dogs never catch the rabbit.

Just like the dogs, freelance writers have been chasing a non-existent settlement for more than eight years.  Irvin Muchnick objected to a fair settlement in 2005 and writers have been waiting around ever since.  Muchnick is the kind of person who can only gain joy from others' suffering, so these last eight years must have been like Valhalla to the failed writer.

This carrot-and-stick routine has gotten stale over the last few months.  Muchnick's attorney keeps promising a revised settlement any day, but there are always new problems popping up. 

We're not playing their reindeer games any more.

This blog will continue to monitor the rantings and ravings of Muchnick.  Muchnick is a complete disaster who is never right about anything.  Therefore, there is an endless supply of new material to comment upon.  The traffic on this blog keeps increasing, so I guess all the people that Muchnick has screwed over the years are finding it through word of mouth.

But as for the primary reason for this blog--we won't be commentating anymore about a mirage of a settlement.

Kiss-of-Death Muchnick--Part Two

Congratulations to the Boston Red Sox for winning the 2013 World Series.

Congratulations to poor, dumb Irvin Muchnick for finding yet another area where he's completely wrong.  Muchnick waited until the series was tied 2-2 to jump in with his keen insight.

The failed writer picked the St. Louis Cardinals to win in seven games and predicted this about pivotal Game 5:

"GAME 5, tonight: Adam Wainwright bounces back from his horror show in the opener and outpitches Jon Lester this time. I even expect a breakout offensive performance from the Cardinals’ bats, which so far have been silenced by better and grittier pitching than they faced across 162 regular-season games and the first two rounds of the playoffs."

Of course, we all saw what happened:  Lester pitched another masterful game, St. Louis scored one run, and the Sox went up 3-2.

Proof of Muchnick's Irrelevance

Failed writer Irvin Muchnick has devoted dozens of posts to Representative George Miller's inquiry into USA Swimming "scandals."  Just out of curiosity, we visited Miller's website to check on this so-called investigation.  Turns out, Muchnick's histrionics are just that--bluster.

Here is a summary of the Congressman's priorities:

Rep. Miller has worked throughout his congressional career on behalf of children and the middle class. His priorities have included providing safe, affordable health care for all people, ensuring every child has access to a quality education, standing up against discrimination, and creating jobs and enhancing economic security for middle class Americans. He continues these efforts as a member of the Congressional Progressive Caucus, the Congressional Labor and Working Families Caucus, the International Workers Right Caucus, the Congressional Steel Caucus, the Congressional Native American Caucus, and the Congressional LGBT Equality Caucus. He also sits on the Bicameral Congressional Caucus on Parkinson’s Disease , the Congressional Task Force on Alzheimer’s Disease, the Congressional Diabetes Caucus, and the Congressional Mental Health Caucus.
In addition to his focus on strengthening and growing America’s middle class, Congressman George Miller is driven by a passion for the outdoors and the environment, as evidenced by his past chairmanship of the House Committee on Natural Resources. Congressman Miller is an advocate and leader for fish and wildlife protection and conservation, ensuring responsible stewardship of our lands and waters, and developing clean energy technologies. He has worked towards these goals as a member of the Congressional Wildlife Refuge Caucus, the House International Conservation Caucus, the Sustainable Energy and Environment Coalition, the House Oceans Caucus, the Congressional National Parks Caucus, the Boating Caucus, the Trails Caucus, the House Recycling Caucus, the House Organic Caucus and the House Renewable Energy and Energy Efficiency Caucus.


And even in more detail:

Gun Control
America has an unacceptably high rate of gun violence. George believes there are several aspects of our nation's gun laws that need close scrutiny and reform. He knows there are reasonable steps that Congress can take to keep deadly weapons and ammunition out of the hands of those who would misuse them and harm innocent victims and law enforcement officers. For example, he supports legislation to close the ‘gun show’ loophole by requiring criminal background checks on all gun buyers. He supports the prohibition of large capacity ammunition clips like the ones used in Arizona when Rep. Gabby Giffords was shot. And he supports requiring child safety locks or storage containers for handguns and tough trigger lock standards to keep children safe.

Campaign Finance

Congressman Miller has a long track record of fighting to reduce the influence of money in our political process.  He is a long-time supporter of publicly financed elections, and he was an early and ardent supporter of a ban on unregulated "soft money" donations to national parties in the 1990’s, as well as a strong proponent of the McCain-Feingold campaign finance reform that was enacted in 2002.
More recently, Congressman Miller believes the Citizens United decision is one of the most damaging by a Supreme Court in decades because it has unleashed a flood of new special interest money in politics. In response, he cosponsored H.J.RES.90 in the 112^th congress -- Rep. Ted Deutch’s constitutional amendment to overturn Citizens United and ban corporate spending in our elections, and plans to support that bill again when it is introduced this Congress. The amendment makes clear that corporations are not people but private entities prohibited from using their general treasury funds to influence voters. The resolution also restores legislators’ authority to limit and require disclosure of all political spending by individuals, unions, nonprofits, wealthy self-funded candidates, and all other sources.
George is also co-sponsoring bills by Reps. David Price, John Sarbanes and John Yarmuth to provide for public financing to get big money out of politics, as well as the DISCLOSE Act, offered by Rep. Chris Van Hollen, which would require special interests to disclose the names of contributors who give more than $10,000 for use in political campaigns.

LGBT Community

George believes that same-sex couples should be able to be married and that the government should not interfere in the personal relationships between two loving and consenting adults. He spoke out in favor of President Obama’s support of equal rights for gay marriage. He supports repealing the decades-old discriminatory Defense of Marriage Act (DOMA) to ensure that the federal government recognizes all marriages – including same-sex marriages performed in the states that currently allow for it.
In addition, George is supportive of additional legislation important to LGBT families, including supporting and moving the Employment Non-Discrimination Act through his Education and Workforce committee, co-sponsoring legislation that would ensure that same sex partners have access to their partner’s health benefits in the same way married couples do, and legislation that would prohibit discrimination against adoptive parents.

Pro-Choice / Abortion

George is sensitive to the many different and strongly held views on abortion. His view is that abortion should remain safe and legal so that a woman and her doctor can make the right decision about whether or not to carry a pregnancy to term. George has always believed that at the same we must do everything we can to reduce the rate of unwanted pregnancies. Restricting access to safe and legal abortion could endanger the lives of women who might be forced to seek an unsafe procedure.

Immigration Reform

George believes that our county must pass comprehensive immigration reform. Comprehensive reform means that workers would be protected, businesses would have greater certainty, families could be reunited, and a path to citizenship could be created. He supports President Obama’s call for a bipartisan effort to fix our immigration system, but understands that obstructionist Washington politics make reform a tough reality at this time. He knows that Band-aid solutions can't address the 12 million undocumented immigrants currently here, the enormous backlogs in our legal immigration system.
George is a strong supporter of the Federal DREAM Act to allow immigrants who were brought here as children through no fault of their own to earn a path to citizenship. He voted for the Act when it passed a Democratic-held house in 2010, but the bill was blocked by Senate Republicans. George is supportive of President Obama’s historic announcement on June 15 to allow DREAMer students to apply for “deferred action” and has held workshops to help the nearly 3,500 students in his district who are eligible for deferred status. Read more about George’s work for DREAMers.

Legalization of Marijuana

George has a history of supporting some efforts to eliminate federal penalties for responsible marijuana use. George believes that we can no longer afford to spend money on an ineffective drug enforcement strategy of criminalizing responsible personal adult marijuana use that the public no longer supports and which consumes law enforcement's limited resources and time. He is a long-time supporter of legislation by Rep. Barney Frank to eliminate a federal prohibition on federal financial aide for any person with a drug conviction, believing it is against our interests to deny an education to young people who want to improve their lives and participate on our economy.


The rest of the information concerns recent issues and the welfare of his constituents.  NOWHERE ON HIS WEBSITE IS THERE EVEN THE BRIEFEST MENTION OF A SWIMMING SCANDAL.  We've already gone into great detail in previous posts as to Muchnick's lack of credibility, but if this doesn't convince you of the failed writer's total irrelevance, nothing will.

And The Band Played On

"I am the father of two sons and two daughters with child-rearing costs. The main benefit to me of an improved settlement in this case is that my dear wife of 20 years might stop reminding me of what a worthless piece of garbage I am."

        -- Irvin Muchnick Declaration 2006


The charade goes on.  Another deadline (October 15) has passed and no revised settlement.  According to failed writer Irvin Muchnick's attorney there are now "document revision" issues and--surprise, surprise--a publisher still needs to sign off.

If this thing ever does get signed, which I seriously doubt, maybe the writers in the class will finally get to question Muchnick about what happened to the vast riches ($600 million to $2.6 billion) the failed writer said the settlement was worth when he objected eight years ago. 

Wonder if these guys sit in a back room somewhere coming up with ideas for the next delay...and the one after that...and the one after that.

Muchnick Takes Old Story And Runs With It

Want to know what kind of "journalist" Irvin Muchnick is?  The failed writer has spent the better part of the last two years chasing down a story whose expiration date has long expired.

Here are the facts.  Longtime USA Swimming coach Everett Uchiyama was forced out of his job IN 2006 following sexual abuse allegations.  Uchiyama then got a job in a similar capacity at a Colorado country club.  In 2010, USA Swimming released a list of their former employees who had been banned.  Uchiyama was on that list and was subsequently fired from the country club.

ALL THESE FACTS WERE FULLY CHRONICLED IN MAJOR MEDIA OUTLETS THOUGHOUT THE COUNTRY IN 2010.

With his last hope of a Congressional investigation fading into the sunset, Muchnick is grabbing hold of any life raft he can, even if it means drudging up a years-old story.  He's now quoting Uchiyama's victim, as if this is current news.

The idiot wrote an excited blog on someone else's website October 17 about this "scoop."  He is totally mystified as to why the mainstream (legitimate) media isn't picking up on the story.  Duh Irvin, the real media is only interested in CURRENT EVENTS.

His writings are always good for a chuckle, though.  He now claims to have "Capital Hill sources" that are informing him Congressman George Miller's investigation into USA Swimming is being pursued "vigorously."  Then he claimed, presumably with a straight face, that TWO FBI offices are on the hunt.  Our best guess is that Muchnick's Capital Hill sources are mensroom attendants.

This is the kind of stuff that has resulted in failed writer Muchnick being shunned by everyone in the legitimate media.  USA Swimming said it best when they tabbed Muchnick as a "personal blogger."

By the way, New York writer Phil Mushnick was recently lambasted as irrelevant by Deadspin.com and Keith Olbermann.  The connection?  Mushnick (no relation to the failed writer) gave a hearty endorsement to both of Muchnick's books.

Kiss-of-Death Muchnick Strikes Again

"I am the father of two sons and two daughters with child-rearing costs. The main benefit to me of an improved settlement in this case is that my dear wife of 20 years might stop reminding me of what a worthless piece of garbage I am."

        -- Irvin Muchnick Declaration 2006


California Governor Jerry Brown Saturday vetoed a bill extending the statute of limitations for sexual abuse cases.  Once again failed writer Irvin Muchnick is left with his tail between his legs.

Doesn't this guy ever get tired of being wrong?  I feel sorry for all people legitimately trying to battle sexual abuse.  The last thing you want is someone on your side who was sued for defamation by a 17-year-old.

Muchnick is the latter-day Hamilton Burger, the embattled District Attorney who lost every case he tried against Perry Mason.

Remedial Civics Lesson for Muchnick

 "I am the father of two sons and two daughters with child-rearing costs. The main benefit to me of an improved settlement in this case is that my dear wife of 20 years might stop reminding me of what a worthless piece of garbage I am."

        -- Irvin Muchnick Declaration 2006

Irvin Muchnick is still in a delirium about Congressman George Miller's "investigation" of U S A Swimming.

Somebody should inform the failed writer that Mr. Miller is a DEMOCRAT.  Anyone with a sixth grade education knows that the minority party in the House of Representatives has little, if any power.  They aren't even allowed chairmanships of committees.  They certainly are not capable of calling for a Congressional investigation.

Miller's inquiry is simply busy work.  Another swing and a miss for Muchnick.

What? No Settlement? Shocking!

 "I am the father of two sons and two daughters with child-rearing costs. The main benefit to me of an improved settlement in this case is that my dear wife of 20 years might stop reminding me of what a worthless piece of garbage I am."

        -- Irvin Muchnick Declaration 2006


As a Cat Stevens lyric goes--"The seconds tick the time down."

We approach the September 30 deadline for a revised settlement in the Freelance writers class action suit and there is nothing but a deafening silence.  As written here since the inception of this blog, there was never ANY chance of a new settlement. 

Evil blight Irvin Muchnick started this mess eight years ago when he objected to a fair settlement that would have paid millions of dollars to thousands of writers, many of whom are now unemployed.  The vast majority in the class were happy with the settlement.  Muchnick fought his way through the legal system and "won" his point on a technicality years later.  By winning, freelance writers lost big time.  And this maniac has the gall to call his website "Freelance Rights."

Muchnick is so out of touch with reality that he claimed the value of the settlement to be anywhere from $600 million to $2.6 billion.  Years later, the idiot was willing to back a revised settlement that would have paid just about the $18 million dollar amount of the original settlement.

Of course, any rational person knew that the publishers and defendants really have no incentive to settle this matter now, years down the road.  The value of the illegally re-used articles have been reduced significantly. 

I thank the people who have read my blogs for their support.  If I can prevent one person from ever dealing with Muchnick, it will have been worth the effort.

Muchnick, who recently was forced to settle a defamation suit from a 17-year-old minor, is pure evil.  Stay away from him, AT ALL COSTS. 

SIDE NOTE--Muchnick recently claimed to have passed 3 million page views on his blog.  Using his accounting method, we're proud to announce our 1 billionth page view yesterday.

Update October 1--The deadline has now come and gone.  Apparently there is a new deadline of October 15.  How long will this sadistic game drag on?  I know there will be no revised settlement, but how many writers are being strung along with false hope?  Every passing week brings a smile to failed writer Muchnick.  To the attorney handling the alleged new settlement--just cut everyone loose already.  False hope is so much worse than no hope.  All you're doing is allowing Muchnick to revel in his sociopathic glee.

More Muchnick Delusions

Irvin Muchnick woke up absolutely giddy this morning when he discovered that U S A Swimming Safe Sport is following his Twitter feed.  He immediately speculated that the swimming organization would now begin responding to his inquiries.

This demonstrates how far the failed writer is out of touch with reality.  In the same way a doctor would monitor a virus that invades the body, Safe Sport is simply keeping an eye and ear to an irritant.

There is no way U S A Swimming will ever (and should ever) respond to this publicity seeking hack.  If you were in their shoes, would you acknowledge someone who accused one of your members of a heinous sexual assault?  And a 17 year old, to boot?  Easy answer, but one that Muchnick can't comprehend.

From the Mind of Irvin Muchnick

It's interesting to note that Irvin Muchnick, the exemplification of virtue, went back through his Freelance Blog and removed all the negative comments dating back to 2005.  We're still trying to locate some of those astute observations concerning failed writer Muchnick and will post when available.

In the meantime, enjoy this tidbit from mid-2006 entitled "DECLARATION OF IRVIN MUCHNICK IN OPPOSITION TO FINAL SETTLEMENT APPROVAL"

 "I am the father of two sons and two daughters with child-rearing costs. The main benefit to me of an improved settlement in this case is that my dear wife of 20 years might stop reminding me of what a worthless piece of garbage I am."

Never have truer words been spoken.  The above quote is not made up.  It is from the horse's (or in this case ass's) mouth.

Let the Excuses Begin

Failed writer Irvin Muchnick is already formulating his excuses as to why Congressman George Miller will soon discontinue his "investigation" into U S A Swimming.

Muchnick, who recently settled a defamation lawsuit with a 17 year old minor, is laying the groundwork by saying the investigation is in a "lull" period while the Congressman builds a case against the famed swimming organization.

As we have said time and time again, this "investigation" will peter out, just like all of Muchnick's stories.  And that's what they are really; stories.  Muchnick is like an ambulance-chasing attorney without an ABA license.  His entire modus operandi is to find plaintiffs, who stand to win money in court, or enemies of his targets who have an axe to grind.

There is never balanced reporting.  He is unable to see more than one side.  That's why I continue to peg him as a failed writer.  Unfortunately, I was in his line of fire.  He destroyed a class action settlement eight years ago that would have paid millions to freelance writers.  I have since made it my life's work to provide everyone in his target range a copy of the lawsuit against him.  Knowledge is the best weapon.

The Plight of The Stupid

“We will continue our current media relations strategy of working with legitimate media sources and not engaging with personal bloggers.”

   --USA Swimming


Poor moron failed writer Irvin Muchnick.

Last week was the much-anticipated (by Muchnick) meeting between the staff of Congressman George Miller and members of U S A Swimming's Safe Sport program.

It is rare that anyone responds to any of Muchnick's questions, but Miller's staff did just that.  Muchnick came out of his hole a day later glowing about how Miller is going to follow up on the swimming "scandals." 

The idiot Muchnick has no idea he was being patronized.  Just read the responses by Miller's staff if you want a good chuckle.  Anyone who knows the smallest thing about publicity and marketing will recognize their responses as doublespeak for "yeah, we'll get right on that."

Muchnick has written scores of open letters and emails which have gotten zero responses, so when somebody actually answers him, he's willing to believe anything.

As predicted, there will be no Congressional investigation and no public hearings.  End of story.

Not only is he wrong about everything, but anyone who has ever met him hates his guts.  It sucks to be Muchnick.

Muchnick Hits One Million Mark in Calls For Congressional Investigations

OK, we might be exaggerating a bit, but so far failed writer Irvin Muchnick has called for Congressional investigations into the WWE, NFL, Copyright Law, U S A Swimming, among others.  What do those four have in common?  RESULT?  NO CONGRESSIONAL INVESTIGATIONS.  His latest rants are about a meeting between U S A Swimming and California Congressman George Miller that will supposedly lead to public investigations.  But get this, GEORGE MILLER WILL NOT EVEN BE AT THE MEETING!  His staff will handle it, illustrating the "importance" of the subject to the Representative.

So one must wonder; is the messenger the problem?  Muchnick, who was recently sued by a minor for publishing incendiary accusations of sexual assault, has absolutely no credibility.  At this point, anyone with a legitimate issue would be best served if they stayed far away from this individual and not let him poison it. 

In the near future, anyone allowing this hack anywhere near their issue faces the prospect of being "Muchnicked."

One quick note:  In a recent post, Muchnick actually called himself "The blog of record" on the NFL concussion issue.  I'd cut back on the meds if I were you, Irvin.

By the way, get a new profile photo.  You use that stale picture on everything you send out.  No photo can make you look human, but at least it would be less than 10 years old. 

Muchnick Reduced to "Infomercials"

"It is fair to say that I was “ordered” to do certain things, in the same sense that the plaintiff was “ordered” to dismiss the lawsuit in return."

    ---Irvin Muchnick


Irvin Muchnick's journalism career has now been limited to hawking his 99-cent e-books on obscure websites.

You've seen them before--most often on late-night television--commercials disguised as news.  Shunned by legitimate news outlets, failed writer Irvin Muchnick now writes his long, insane ramblings on obscure web blogs.

And even those NOW COME WITH A DISCLAIMER such as "The opinions expressed are those of the author and are not necessarily the views of (fill in the blank)."

Real news organizations won't touch this guy with a 10 foot pole.

U S A SWIMMING SMACKS DOWN MUCHNICK

“I certainly violated common corporate journalistic convention by deciding to publish names of minors.”
    
     -- Irvin Muchnick



Just for a moment, let's put aside the fact that Irvin Muchnick destroyed a class action settlement that would have paid freelance writers millions of dollars and focus on his failed new endeavor as a blogger.

A recent public relations statement by U S A Swimming supported a greater cooperation with "legitimate media," while stressing a policy of not responding to "personal bloggers."

As the few people who read him are aware, that was a direct smack down of failed writer Irvin Muchnick  Muchnick, who was recently sued by a minor for defamation and invasion of privacy, made sure that aspiring, responsible bloggers would get no assistance with stories about U S A Swimming.

Muchnick, in a desperate attempt to attract attention, has wildly tossed out vicious theories about the sport of swimming without any tangible proof.  He routinely takes minute facts and twists them into wild stories of sexual abuse.  Muchnick is a perfect example of all that is wrong with internet journalism.

Muchnick has been wrong about everything he has ever written about.  What makes him so dangerous is that he couches his bogus opinions as facts.

Again, if he wasn't responsible for taking money out of my pocket by destroying the settlement, I would have stayed as far away from this person as humanly possible.   But his total disregard for people makes it my duty to inform the world of his irresponsibility.

If you look back at this blog's sister twitter site, @notirvmuchnick, you can verify that everything I have said about him has turned out to be 90 per cent accurate, including the lawsuit.

His latest claim is that California Representative George Miller is going to conduct public hearings on the "corruption" at U S A Swimming.  The fact is that Miller will meet with the representatives of U S A Swimming's Safe Sport program and that will be the end of it.  Mark  my words:  THERE WILL BE NO CONGRESSIONAL INVESTIGATION OF THIS PHANTOM PROBLEM.

Of course, that will not stop Muchnick.  He'll continue to write innuendo as fact and his opinion as the truth.  There will be another lawsuit in his future.  He can't help himself.

Here is the latest blog from U S A Swimming on the subject.  Enjoy the truth, for a change.

http://usaswimming.org/ViewNewsArticle.aspx?TabId=0&Alias=Rainbow&Lang=en&ItemId=5485&mid=12660

BALTIMORE PAPER PICKS UP MUCHNICK DEFAMATION SUIT COVERAGE

Good, honest coverage by Baltimore's City Newspaper concerning the Muchnick defamation suit.  Muchnick calls this a "hit piece."  Judge for yourself.

http://citypaper.com/news/treacherous-waters-1.1528262

Also, a telling admission was disclosed on failed writer Irvin Muchnick's Tuesday post:

"It is fair to say that I was “ordered” to do certain things, in the same sense that the plaintiff was “ordered” to dismiss the lawsuit in return."

Nice spin by Muchnick, but the fact remains that Muchnick was the one who tried to settle the suit, not the other way around.  If you ask me, he got off lightly being "ordered" to take down his inflammatory accusations against a minor.  DON'T FORGET, THE MINOR'S PARENTS HAVE AN OPTION TO RE-FILE THE DEFAMATION SUIT.

What kind of credibility can a writer have who was forced to settle a defamation and invasion of privacy lawsuit against a minor?  Any future Muchnick employer should be given an opportunity to answer that question.

Muchnick News and Notes

I personally would like to thank Irvin Muchnick for providing in his rambling blogs all the evidence necessary against attorney Charles Chalmers. When a complaint is filed with the California Bar Association for an obvious conflict of interest, it shouldn't be difficult to prove.  The complaint, along with Muchnick's blog entries, will be presented as soon as the alleged new freelance settlement is scuttled, as Muchnick knows will happen.  I actually feel sorry for Chalmers.  I think he believed he was helping freelance writers at first, however as attorney for the objectors, it is a clear conflict of interest to get involved with a new settlement.

On the subject of his defamation lawsuit, Muchnick refuses to give up.  Though now referring to the victim as "alleged" and changing the investigation from governmental to a "U S A Swimming investigation," the failed writer is treading on thin ice.  Muchnick weaseled out of the defamation suit by removing all references to the minor plaintiff, but is continuing to put a spotlight on the alleged 2012 incident.  He's trying to walk a tightrope in reprinting what the court said he is allowed to do, but the plaintiffs have reserved the right to re-file the lawsuit should Muchnick step over the line.  It's just a matter of time before he can't help himself and does just that.

Muchnick, Thy Name is Sadist

As if destroying the Freelance Class Action Settlement eight years ago wasn't enough for sadistic failed writer Irvin Muchnick, he's still trying to convince writers that there will be another settlement.

A week ago, this poor excuse for a human being said on his blog that a new settlement has been finalized and the only thing left is for the publishers to approve.  THE ONLY THING?  More than 40 publishers have to approve the deal and Muchnick KNOWS that won't happen.  So wake up people and smell the coffee.

The only thing writers can do at this point is continue to disclose Muchnick's antics to everyone who will listen.  They must be aware of what he did in smashing the freelance settlement and that he was sued for defamation by a minor and was forced to settle the case because he knew he would lose.

Sociopathic Behavior

I have long claimed that failed writer Irvin Muchnick has exhibited sociopathic behavior.  He continues to prove my point.  It's not enough that Muchnick was sued for writing that an innocent minor was a sexual assailant and was forced to remove all the defamatory items from his blog, but now he continues to use an anti-Semitic nickname for Jewish pitcher Trevor Rosenthal.

Anyone who supports this person by reading his inflammatory rants should be ashamed of themselves.

Is Irvin Muchnick a Racist?

For weeks, angry failed writer Irvin Muchnick has referred to St. Louis Cardinal pitcher Trevor Rosenthal as "The Ashkenazi Express."  I can only assume he thinks it is funny to continue to point out a person's Jewish heritage.  It is not.  In my opinion, it is clearly racist to focus on a person's birthright as they simply go about their job.

Update........After being told that his nickname for Trevor Rosenthal might be viewed as insensitive to Jewish people, Muchnick went out of his way to use it again.  Guess he's as proud of his racism as he is calling an innocent minor a sexual assailant.

Update........We'll update this post every time Muchnick uses the anti-Semitic nickname for Trevor Rosenthal.  He did it again July 24.  Please note he is brazen enough to flaunt his anti-Semitism.  Apparently, he thinks the offensive description will catch on and doesn't understand a normal person does not engage in this behavior (see sociopathic behavior of Irvin Muchnick post). 

Update.......August 7.  Now giving reports using the slur every time Rosenthal takes the mound.  Answers all tweets concerning relief pitchers, just so he can get it in.  The moron thinks people will find it funny,  but nobody does.  This is one sick cookie.

Update......September 1--Again.

Update......September 4--Again.  Still no reaction.  Not one person has repeated racial slur.

Update.....September 7

Update.....September 10

Update.....September 18

Update.....September 23

Update.....September 24

Update.....September 25

Update.....September 27  (still waiting for one person to repeat the slur....even anti-Semites despise Muchnick)

What kind of person is Irvin Muchnick?

Is he the type of person who got into so many verbal scuffles at the National Writers Association that the police had to be called and he was eventually fired?

Is he the type of person who was not eligible to collect much money in a Freelance Writer class action settlement, so he objected just so other people would not get paid?

Is he the type of person who sat stoically while a woman writer pleaded with the judge to approve the settlement because she needed the money so badly?

Is he the type of person who took his objection to the settlement and tried to use it for his own advantage?

Is he the type of person who took credit for being "the lead respondent is the landmark Supreme Court case Elsevier vs Muchnick," even though the case was sent to the Supreme Court on a jurisdictional issue and had nothing to do with freelance rights?

Is he the type of person who before the Freelance objection tried to take on the WWE and even went so far as to try to derail Linda McMahon's senate bid?

Is he the type of person who later tried to take on the NFL over the concussion issue even though the NFL was trying to do something to correct the situation?

Is he the type of person who then, for some unknown reason, started to write blogs accusing many coaches in U S A swimming of molesting their students?

Is he the type of person who then published a minor's name in his blog and accused him of being a sexual assailant with only the word of the mother? 

Is he the type of person who was sued for defamation and invasion of privacy against a minor?

Is he the type of person who weaseled out of a lawsuit by agreeing to take down previous posts accusing a minor of being a sexual assailant?

Is he the type of person who immediately after the lawsuit was settled wrote a blog comparing U.S.A. Swimming to the Catholic Church?


If anyone has the answers to the above questions, please share them with others in the comments section.

MUCHNICK SETTLES LAWSUIT--MUST REMOVE SEVERAL DOCUMENTS FROM BLOG

As speculated in the previous blog, Defendant Irvin Muchnick has settled a lawsuit which accused him of defamation, invasion of privacy, intentional infliction of emotional distress and several other counts.

As a condition of the settlement Muchnick was forced to remove several inflammatory and accusatory stories concerning the plaintiff.

Below is the consent order that was published on the Court's website Friday, July 12.  My only question is, why did he settle if he believes what he wrote is true?  Why didn't he show some balls and fight the accusations.  As reiterated in the previous post, there was little chance of the plaintiffs recovering any money from failed writer Muchnick.  By forcing him to remove the blogs, they are in essence receiving an admission of wrongdoing.

And what an amazing coincidence that news of the settlement of his defamation suit was buried on his blog and NOT ONE MENTION ON HIS TWITTER ACCOUNT.  Funny how everything else in his miserable life is put out on tweets, which are then linked to his blog.  Funny, indeed.

CONSENT ORDER

 

Minor Plaintiff, John Doe, through his parents, James and Jane Doe (collectively referred

to as “Plaintiff”), and his counsel, Anne T. McKenna and Andrew C. White, filed the abovecaptioned

lawsuit against Defendants, Irvin Muchnick and Concussion, Inc. (“Defendants”).

Plaintiff brought this action against Defendants as a result of blog and Internet posts made by

Defendants concerning an alleged incident during a North Baltimore Aquatic Club practice that

was held at Meadowbrook Swim Club in Baltimore City, Maryland, in February 2012

(hereinafter referred to as “the alleged February 2012 NBAC incident”).

Plaintiff’s Complaint asserts the following claims against Defendants: defamation,

invasion of privacy, intentional infliction of emotional distress, constructive fraud, and violation

of 47 U.S.C.A. § 231; simultaneously with the filing of the Complaint, Plaintiff also moved for a

temporary restraining order and preliminary injunction. On May 13, 2013, Judge Richard

Bennett of the U.S. District Court for the District of Maryland heard oral argument on Plaintiff’s

Motion for Temporary Restraining Order, and on May 14, 2013, Judge Bennett entered an Order

which, by agreement of the parties, has remained in effect until today’s date. Subsequent to the

May 13, 2013 hearing, Defendants retained counsel, Mark I. Bailen and Laurie A. Babinski, and

the law firm of BakerHostetler.

By agreement of the parties and the Court, a hearing date of June 25, 2013 was set on

Plaintiff’s Motion for a Preliminary Injunction. Prior to that hearing, however, the parties agreed

to resolve this matter pursuant to entry of this Consent Order and the terms contained herein.

Accordingly, the following IS HEREBY ORDERED, this ____ day of July 2013:

1. This Order and all its terms shall apply to Irvin Muchnick, Tim Joyce and any

other individual associated with Concussioninc.net or any individual working on behalf of or at

the direction of Irvin Muchnick; and for purposes of this Order, the terms “Defendants” shall

encompass all such persons;

2. Defendants shall not publish in any format, whether written, spoken, or posted

online, the following:

a) Any and all references to the real name of the minor Plaintiff, John Doe, in

any correlation whatsoever with the alleged February 2012 NBAC

incident that underlies the allegations in the above-captioned case;

b) Any and all references that discuss the details of any investigation by any

Maryland government agencies or Maryland police departments of the

alleged February 2012 NBAC incident, though references to the fact that

the alleged February 2012 NBAC incident was reported to any Maryland

government agencies or Maryland police departments and the disposition

thereof are permissible;

c) any and all references to which information or records relating to the

Minor Plaintiff John Doe may be in the possession of any Maryland

government agencies or Maryland police departments involved in

investigating the alleged February 2012 NBAC incident;

d) Any and all references that would identify by real name the minor, John

Doe, as Plaintiff in the above-captioned matter;

e) Any discussions of the alleged February 2012 NBAC incident that refer to

the matter as a “sexual assault” or otherwise state that:

 Any criminal activity occurred;

 Plaintiff’s conduct or any other minor’s conduct was in any way

criminal;

 Plaintiff’s conduct was in any way tortious;

3. In no way does this Order restrict or preclude Defendants from publishing any

other matters in connection with NBAC, USA Swimming, or other such matters that do not

pertain to the alleged February 2012 NBAC incident, or that do pertain to the alleged February

2012 NBAC incident but otherwise comply with the terms of this Consent Order;

4. Within ten (10) days of entry of this Consent Order, Plaintiff shall file a Voluntary

Stipulation of Dismissal without Prejudice. This filing shall in no way preclude Plaintiff’s rights

to refile this matter or bring an additional cause of action in the event Plaintiff believes that the

terms of this Order are being or have been violated;

5. The parties agree that Defendants are permitted to publish the following

statements regarding the above-captioned matter:

Plaintiff brought this action against Defendants as a result of blog and Internet posts

made by Defendants concerning an alleged incident during North Baltimore Aquatic

Club practice that was held at Meadowbrook Swim Club in Baltimore City, Maryland, in

February 2012.

Plaintiff sought the issuance of a temporary restraining order, preliminary injunction,

and filed a complaint asserting the following claims against Defendants: defamation,

invasion of privacy, intentional infliction of emotional distress, constructive fraud, and

violation of 47 U.S.C.A. § 231.

On May 13, 2013, Judge Richard Bennett of the U.S. District Court for Maryland heard

oral argument on Plaintiff’s Motion for Temporary Restraining Order; with the Court’s

permission Defendant Muchnick appeared pro se via teleconference. During the course

of that hearing, Defendant Muchnick argued that the blog posts were speech protected by

the First Amendment, but agreed to remove any and all references to the names of minors

involved in the alleged February 2012 incident and all references suggesting that he had

access to information or records in the possession of Maryland government agencies that

were involved in investigating the alleged incident pending hearing on Plaintiff’s Motion

for Preliminary Injunction.

On May 14, 2013, Judge Bennett entered an Order wherein he denied in part Plaintiff’s

Request for a Temporary Restraining Order but specifically reserved all matters raised in

Plaintiff’s Motion for Temporary Restraining Order for the full hearing on the Plaintiff’s

Motion for Preliminary Injunction. The Order further ordered the removal of the

references described above as Defendant Muchnick had agreed pending the hearing on

Plaintiff’s Motion for Preliminary Injunction. Subsequent to May 13, 2013, hearing,

Defendants retained counsel, Mark I. Bailen and Laurie A. Babinski, and the law firm of

BakerHostetler.

By agreement of the parties and the Court, a June 25, 2013 hearing date was set on

Plaintiff’s Motion for a Preliminary Injunction. By agreement of the parties and with the

Court’s consent, the preliminary injunction hearing was continued while the parties

attempted to reach settlement of Plaintiff’s claims. Prior to a preliminary injunction

hearing being held, the parties mutually agreed to resolve this matter by entry of a

Consent Order.

6. Defendants are permitted to post unsealed public records of the above-captioned

proceedings and Orders of this Court, provided they do so in a manner consistent with the terms

of this Consent Order. However, Defendants may not post misrepresentative excerpts of the

pleadings in this case. If Defendants publish excerpts, such publication should be accompanied

by a link to the entire document.

7. Defendants will remove all publications, including Internet posts and social media platforms, and all content that are inconsistent with the terms of this Order.

 

     In our humble opinion, this will not be the last time Muchnick lands in court.

MUCHNICK TRYING TO SETTLE, ACCORDING TO COURT PAPERS

Irvin Muchnick has gotten a continuance for a temporary injunction hearing while he desperately tries to negotiate a settlement as the defendant in a defamation and invasion of privacy lawsuit.

According to court papers, the parties are close to a settlement.  My guess is that the plaintiffs believe they won't be able to collect any money from failed writer Muchnick, so they'll likely accept an apology and some sort of retraction.  We'll see. 

It's difficult to digest that someone as evil as Muchnick can go through life wreaking havoc without any consequences.

It brings up an interesting legal point, though.  An insolvent writer could publish any kind of libel or defamation he or she wanted, knowing there would be no real penalty.

Devastating Amended Complaint in Muchnick Defamation Case

We just reviewed the 38-page amended complaint in the Irvin Muchnick defamation suit.  We were going to publish it in its entirety, but it contains sensitive material, including the home address of the defendant.  This is an astonishing document.  Branding a minor as a sexual assailant without proof is unconscionable.  The alleged charges are all taken from Muchnick's blog, in his own words.  To be honest, we can't see a defense for these allegations.  One would think the serious accusations facing Muchnick would slow down his tabloid ranting.  It hasn't.  In our opinion, that alone speaks volumes about his mental state.

One of the more interesting revelations is that Muchnick broke the law by claiming his website is incorporated, when it apparently is not.  Without corporate protection, Muchnick could be on the hook for a lot of money.

The complaint is loaded with screen shots from Muchnick's blog.

A preliminary injunction hearing is scheduled for June 25 at 9:30 a.m.  The judge will decide if Muchnick must cease, desist and/or remove his potentially slanderous material.

Anyone know if it's possible to claim insanity in a civil case?

Opinion On Muchnick Defamation Lawsuit

I have made no bones about my disdain for Irvin Muchnick.  Frankly, I don't care what happens to the guy.  The hatred began when he tried to make a philosophical point by stopping a class action settlement that deprived money to thousands, including myself.

Legally, he had that right.  Morally, he did not.  In 2011, the Court of Appeals upheld his objection in a 2-1 decision.  It was the definition of winning on a technicality.  The only thing Muchnick accomplished was to make sure freelance writers never see a penny for damages caused by publishers and data bases.

Just when it seemed like there would be no justice for his cowardly act, Muchnick broke the cardinal rule of journalism and now could pay the price.  Schadenfreude or no schadenfreude, a lot of people were happy when he was slapped with a defamation and invasion of privacy lawsuit.

Muchnick accused a minor of being a sexual assailant.  That is an undisputed fact.  He did not say alleged assailant, he said assailant.  The minor and his parents have emphatically denied any wrong doing.  No charges of any kind were filed.  Muchnick went so far as to publish the minor's name and produce several documents on his website that were supposed to be protected under Maryland state law.  As he awaits trial, Muchnick signed a consent decree to redact the minor's name and documents.

Like he did when objecting to the freelance settlement, Muchnick has been able to persuade an attorney to represent him pro bono.  Of course, that will mean little if he loses the $1 million suit.

The legal system will decide if Muchnick's actions resulted in a tort against the minor.  But in the name of real journalists everywhere, there will be a loud chorus of cheers if he is held responsible.

Follow the Muchnick Defamation Lawsuit Right Here

Irvin Muchnick was just served with the defamation complaint May 13th, so the trial is several months away. 

As the court date approaches, we will be posting all public documents relating to the case, and of course provide any major developments.

The case was filed in Maryland Federal Court and is presently titled "Doe v. Muchnick." 

Case 1:13-cv-01380-WDQ

Muchnick Lawsuit Update

In lieu of a restraining order, Irvin Muchnick has agreed to take down many of his posts and redact the name of the minor plaintiffs' names.  An ever defiant Muchnick vows to soldier on with his "crusade" against swimming molestation despite the threats from the swimming "goons."

Muchnick will lose this suit and all subsequent suits.  He is irresponsible and reckless.

JUSTICE!

JUSTICE AFFIRMED

His headlines ALONE are enough for Irvin Muchnick to lose the defamation lawsuit. http://concussioninc.net/?p=7456  No understanding of 1st Amendment.  Thinks it's a fortress, not a shield.

Win or lose his defamation lawsuit, defending the legal action will cost Muchnick plenty.  Enjoy the bad karma payback for screwing over freelance writers.

It's hard to shut the guy up, but he's on radio silence now. 

Some Prayers Do Get Answered

BULLETIN:  Headline from Muchnick blog:
      

"NORTH BALTIMORE CLUB SEX ASSAILANT’S FAMILY SUES MUCHNICK, SEEKS TO SUPPRESS CONCUSSION INC.’S COVERAGE"

 

After years of wildly flinging false allegations against a variety of people and screwing over countless freelance writers, Irv Muchnick is about to be on the other side of the legal system.

 

Though he's dismissing the suit as frivolous, he'd better take it seriously.  The North Baltimore Swim Club has a ton of money behind it and is backing this suit.  Their lawyers, many and talented, would not have filed a case without merit.

By the way, this was predicted on the Twitter account of @notirvmuchnick February 28, 2013:

NotIrvMuchnick ‏@NotIrvMuchnick 28 Feb

He (@irvmuch) continues to act as judge and jury to accused. One of these days he WILL be sued. On that day I shall rejoice.

 

What goes around.......

The Mother of All Conflicts of Interest

This is so surreal it almost defies description.  The objectors' attorney, Charles Chalmers, now represents the C-class in negotiations for a new Freelance Settlement.  The C-class contains approximately 99 per cent of all claims.  This brings the phrase "conflict of interest" to a new level.

In other words, the person most responsible for blowing up the original settlement eight years ago now represents the 99 percent of C-class members who were in favor of the original settlement.  You can't make this stuff up.

Now, Chalmers has the gall to complain how difficult it is to complete a new settlement because "there are about 30 to 40 separate entities, or more, each with attorneys, that have to approve everything. It might be the most unwieldy class action settlement in history."

Huh?  A matter that took four years to negotiate was settled eight years ago, the vast majority of the class members favored the settlement, and now Chalmers complains how difficult it is to reach a final agreement.

And what does he hope to accomplish?  It is extremely unlikely that a new settlement would be any more advantageous to freelance writers.  After all, after eight years, the defendants really don't have incentive to cut ANY new deal. 

Thousands of writers are now at the mercy of angry, failed writer Irvin Muchnick and an old, out-of-touch lawyer.

Who says the legal system is broken.

The Irvin Muchnick Disease

"The destruction of the Freelance Class Action Settlement is my proudest achievement"
           ---Irvin Muchnick


This is a story how one deranged individual manipulated the legal system and in the process harmed thousands of hard-working writers.

In 2001, Jonathan Tasini prevailed in a landmark U.S. Supreme Court case which concluded that publishers violated freelance writers' copyright protection.  The publishers posted and re-sold articles to internet databases without compensating the author. 

This ruling left the door open for a class action settlement, which was negotiated and finalized by 2005.  Ken Feinberg, universally acclaimed for his mediation of the 2001 World Trade Center claims, oversaw the negotiations.  In a common sense framework, those who registered their works received more than those who did not.  The settlement was divided into three classes (A, B, and C).  It was capped at $18 million, including attorney fees.

There were several fairness hearings in District Court in New York.  One person, Irvin Muchnick, was vocal in his opposition to the settlement.  Mr. Muchnick convinced nine other claimants to join him in objecting to the settlement.  The District Court heard all arguments and dismissed Muchnick's claims.

It is critical to note that the objectors were given the opportunity to opt out of the settlement and pursue litigation on their own.  Several hundred writers did just that.  Muchnick and the objectors did not.

Citing a myriad of reasons, the objectors appealed to the Court of Appeals, setting off a chain of events that as of February, 2013, has prevented writers from collecting settlement money.

After a lengthy delay, the Court of Appeals did not rule on the merits of the case and instead declared they did not have the jurisdiction to act.  That ruling was appealed to the United States Supreme Court, which overturned that opinion and sent the case back to the Court of Appeals.  After another long delay, the Court of Appeals, in a 2-1 decision, ruled that the C-class did not have proper representation and remanded the case back to District Court, where the case is currently stalled.

Mr. Muchnick appealed the settlement on numerous grounds.  The one he trumpeted was his self-coined "License by Default."  In a nonsensical display of illogic, Muchnick claimed the publishers and internet search engines could not take away authors' future rights.  The ironic part of the Court of Appeals ruling was the unanimous dismissal of that concept, as the original settlement gave writers the opportunity to receive more money in lieu of future rights to the product.

The one area where Muchnick won a split decision of the Court of Appeals was the C-reduction, which reduced C-class claims in the event the total claims exceeded $18 million.  In the panel, two of three judges decided the onus for the capped amount should not fall entirely on the C-class.  The court suggested the District Court provide more suitable representation for the C-class.

The matter has been stuck in District Court for more than a year, while the parties presumably negotiate an amended settlement.

Here's the bottom line.  The settlement was specifically for freelance writers, who by definition did not receive benefits.  It was designed to punish the publishers for unauthorized re-use.

Muchnick had some grandiose scheme to turn freelance payments into some sort of royalty system.  Not only is that idea impratical, but it backfired.  As a result of the settlement, writers are now required to sign away future rights when the works are originally purchased.  So now, not only did the writers receive no money for past infractions, they are prohibited from future compensation.  Good job, Irv.

If you read past posts from his blog, it is obvious Muchnick's main objection was the amount of money the lawyers were to receive.  His disdain for the welfare of his fellow writers is painfully obvious. 

Muchnick has done his damage and has moved on.  He's now crusading about concussions in sports and sex scandals in the sport of swimming.  He's trying desperately to be an investigative reporter, but is failing miserably.  His "concern" in these two areas obviously is phony, and it shows in his biased writing.  No one will talk to him about these subjects and he's reduced to reprinting others' posts.

He should not be allowed to just move freely to another subject after causing so much damage to freelancers.  If you are a writer and feel just as strongly about this matter, go to his blog (Freelance Rights) and his twitter account (@irvmuch) and  voice your opinion.

Here is Irvin Muchnick's public information should you want to let him know how you feel:

Registered through: GoDaddy.com, LLC (http://www.godaddy.com)
Domain Name: CONCUSSIONINC.NET
Created on: 08-Jul-11
Expires on: 08-Jul-15
Last Updated on: 15-Apr-12

Registrant:
Irvin Muchnick
P.O. Box 9629
Berkeley, California 94709
United States

Administrative Contact:
Muchnick, Irvin irvmuch@yahoo.com
P.O. Box 9629
Berkeley, California 94709
United States
510-588-5405

Technical Contact:
Muchnick, Irvin irvmuch@yahoo.com
P.O. Box 9629
Berkeley, California 94709
United States
510-588-5405

Domain servers in listed order:
NS23.DOMAINCONTROL.COM
NS24.DOMAINCONTROL.COM

Please spread the word about this blog.

Thanks for your time. 

Follow us on Twitter @notirvmuchnick

This blog was instituted for all the freelance writers who are upset with Irvin Muchnick's destruction of the settlement which would have paid millions of dollars to thousands of hard-working writers.  Irvin Muchnick is an evil person whose mission in life is to cause harm to others.

Feel free to post any thoughts on Irvin Muchnick.  Unlike Mr. Muchnick's blog, this site will never be censored.