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.