PublishAmerica author sues Stephen King for plagiarism

circlexranch

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Nothing yet, 28 minutes to midnight.

I'll be on it first thing in the morning peeps!

Now, the judge doesn't give out an automatic win or anything if it is filed late, but it is so uncouth and shows that this game is just about over.
 

circlexranch

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No filing . . . .

The big blink . . .

Not even an "oh yeah, well just give me the chance to go to trial and I'll show you . . ."

I'll be monitoring it through the day, but methinks the next document will be a dismissal.
 

Chris P

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So does that mean the case is over, kaput, DOA, everyone packs up and goes home?
 

circlexranch

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No, it ain't over until the judge says so, but this is a curious development. I will monitor and report!

I, too, am disappointed. I wanted to see the flummoxery in the response.

Can you imagine PA if something had come of this!

"Publish America - where the big boys come to steal their ideas. We may want your money, but they want your book!"

"Buy 5 copies and we will send 5 copies to big name authors for them to plagiarize!"

Waiting . . . waiting . . .
 

circlexranch

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And . . . not filed . . .

Unbelievable to blow off a response brief. Even if they were in dismissal negotiations, you'd ask for an continuance.

What happens now is the court considers the motion as it was framed by S&S and King. The facts in the motion may now be deemed admitted as they were not contested by the plaintiff.

It still has to pass legal muster, the court could, on its own, choose to deny. However, I doubt it . .
 

thothguard51

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Can King and S&S counter sue for damages plus attorney fee's? You know, sort of as a warning to others...
 

HistorySleuth

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Even if it's dismissed won't the judge have to say something about it in his ruling? That might be interesting reading. The difference here is King's publisher would back him up. If they go after the author for fees, PA will just say sucks to be you.
 

victoriastrauss

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Unbelievable to blow off a response brief. Even if they were in dismissal negotiations, you'd ask for an continuance.

Seems to me it could be further demonstration of the lack of professionalism of the lawyer who agreed to file this absurd-on-its-face complaint in the first place. Could sanctions apply in a situation like this?

- Victoria
 

circlexranch

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Not sanctions in the Rule 11 sense. Howeveh, I would be curious to know if his client knows about this failure to file.

Even if the client owes his lawyer big buckaroos, it is unexcusable to blow off a filing deadline. The word that comes to mind starts with an "m". But, that's is all I can say without knowing the full story.