PublishAmerica author sues Stephen King for plagiarism

circlexranch

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HAH! Just when you all had gone to the restroom and snack bar, the game changes yet again!

A new attorney has just entered his appearance for the plaintiff and asked for an additional time to file a response to the motion to dismiss.

The new attorney alleges "excusable neglect" which is legalese for "Total FUBAR" and akin to begging. It seems the defense doesn't have a problem with the motion (why should they), so it is likely to be granted.

It seems Mr. Marquardt no longer needs the services of his previous attorney, the one who wrote and filed the lawsuit. Since attorney #1 didn't file a motion to withdraw, it is unlikely that the parting of ways was his idea.

New lawfirm is young, but has a few chops. Tomorrow I am going to surf a bit and learn about the new players. This is a namebrand lawsuit that is going to get coverage and they really have nothing to lose and everything to gain, so they are swinging for the fence.

So, restart the countdown clock to April 11, 2011.
 

Kateness

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That's interesting. That's cool.

One has to assume that this new firm is actually aware of the insanity of this case.

I wonder who ended the first representation? The attorney, maybe not getting paid, maybe realizing what a FUBAR case this is? Or the client, who's just insane?

[Edit: just saw your comment about lack of motion to withdraw. Guess that answers my question]

But nothing to lose and everything to gain? Are you saying that solely because this gets the firm's name in the media?


*grabs the popcorn again*
 
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circlexranch

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The new firm does have some chops and some big wins. It likes to see its name in the paper. There is no shame in losing to someone like Ms. McNamara and if you win. Oh my, if you win . . .

Either way you get paid and can always say the case was a nonstarter from the go and you didn't write the original petition. Oh yeah, and you get paid.
 

necia phoenix

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I have to say I am taking notes here. Great research stuff I am certain I will get a few plotbunnies from this.
I am learning tons about lawyers and the legal lawsuit process....
 
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DaveKuzminski

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Evidently, the only thing that matters is getting paid. Otherwise, the lawyers probably don't really care if they win or lose since what's at risk isn't theirs to lose.
 

circlexranch

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Coming this fall from Simon and Shuster: Secret Window, Public Tort Reform

Well . . . that line needed a spew warning

::wipes pudding off screen::

As I said earlier, the new lawyer really has nothing to lose. Even this thread is free publicity and they are getting paid. So why not swing for the fences. They didn't file the suit, they are trying to rescue it.

Either that or the lead attorney is a Dean Koontz fan . . .
 

Manuel Royal

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Either that or the lead attorney is a Dean Koontz fan . . .
One of my favorite little bits from the show Family Guy:

Van runs over a man on a country road.

Driver: Oh my God! We ran over Stephen King!

Companion: That's not Stephen King -- that's Dean Koontz.

Driver: Oh.

Van backs up, runs over the man again.
 

pangalactic

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One of my favorite little bits from the show Family Guy:

Van runs over a man on a country road.

Driver: Oh my God! We ran over Stephen King!

Companion: That's not Stephen King -- that's Dean Koontz.

Driver: Oh.

Van backs up, runs over the man again.

Along with Stewie's trans-continental flight to slap Will Ferrel in the face, that's my favourite part of Family Guy.
 

Marian Perera

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One of my favorite little bits from the show Family Guy:

Van runs over a man on a country road.

Driver: Oh my God! We ran over Stephen King!

Companion: That's not Stephen King -- that's Dean Koontz.

Driver: Oh.

Van backs up, runs over the man again.

Somewhere, a Golden Retriever is crying.
 

Little1

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There are 4 days till 4/11 And thanks everyone for the updates. ^_^ This is vary educational :) If nothing else :D
 

DreamWeaver

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Ooooh...looking forward to hearing from the new lawyers tomorrow. Still can't figure out why they took the case, but maybe that will shed some light.

Or they will look like complete idiots.

I love win-win situations :D.
 
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megan_d

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One of my favorite little bits from the show Family Guy:

Van runs over a man on a country road.

Driver: Oh my God! We ran over Stephen King!

Companion: That's not Stephen King -- that's Dean Koontz.

Driver: Oh.

Van backs up, runs over the man again.

Wasn't that a Simpsons bit?
 

circlexranch

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Alrighty Gang, the moment we've been patiently waiting for

::drum roll::

The Response has been filed!

I only gave it a cursory reading because I have to go to court today. Howevah, on its surface, it is professional, cogent and attacks questions of form and law. I'll go a bit more in-depth in the next day or so when I have a chance to digest it.

The main conclusion is that these lawyers are professionals and have upped the ante for King and S&S. There's nothing in here to be ashamed of as a lawyer.
 

Shrouded

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I may be a little hazy about this but, after reading the response the first point of similarity about trancelike painting and supernatural control in both stories sounds rather familiar. Then it dawned on me that Rod Serling had written something very similiar to this for his Night Gallery series in the 70's. And it was a televised episode.
 

circlexranch

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The response is a definite throw down on S&S. The other side wants to get to discovery and wants it bad. Primarily, in my humble opinion, they want to depose Stephen King. That is the mother lode and would be a media bonanza in this case.

S&S now has (I believe) 15 days to file a Reply. I expect it to be scathing.

I still believe this is a loser, the law cited by S&S is overwhelming and on-point. There may be some traction in the difference between a Rule 12 motion and a Rule 56 motion (I got caught in that one myself a couple of years back), but I don't think it is enough.

Puts those PA hustles to "send your book to (fill in the blank)" in a whole nuther light, doesn't it?

"Publish America - buy 6 books and we will send your book out to famous authors for possible plagiarization!"

"Publish America - see your book made into a bestseller (by someone else)"

"Publish America - where the big boys find their ideas!"
 

Stacia Kane

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I may be a little hazy about this but, after reading the response the first point of similarity about trancelike painting and supernatural control in both stories sounds rather familiar. Then it dawned on me that Rod Serling had written something very similiar to this for his Night Gallery series in the 70's. And it was a televised episode.



King's used a lot of those elements before, too, numerous times. There's a "mysterious old lady" and writing (as opposed to painting) in a trance-like state--but controlled by the dead--in BAG OF BONES, just to name one off the top of my head.