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Our briefs responding to the motions to dismiss in Berenson v Biden are coming...
And they're strong.
James Lawrence is working hard this weekend.
James is the legal ace who represented me in Berenson v Twitter. He’s doing so ago again in Berenson v Biden, my federal lawsuit in Manhattan holding the government and Pfizer officials accountable for their conspiracy to censor me in 2021.
A month ago, the Justice Department and lawyers for Pfizer’s Dr. Albert Bourla and Dr. Scott Gottlieb, as well as Andy Slavitt (a federal and private defendant, despite the government’s effort to pretend otherwise), filed three separate motions to dismiss the suit. They run over 120 pages in all and are written by nine named lawyers - no doubt supported by scores of anonymous associates and paralegals.
Against this army, James. And me, the world’s best - or at least most committed - paralegal.
(Stand with me! Stand for free speech.)
But we’re going to win.
We’re going to win because we have the truth on our side.
And we’re going to win because after Berenson v Twitter we are well aware of how these firms play the motion to dismiss game. They fill their briefs with irrelevant precedents. They hope to hide the weaknesses in their defenses by drowning plaintiffs in paper.
It won’t work. They can’t outhustle us, and they can’t outthink us.
I don’t want to give away too much of our strategy or how we are going to take apart their defenses before we file.
But here’s one example: I’m suing Bourla, Gottlieb, and Slavitt for interfering with my contract with Twitter, a claim called “tortious interference.” The defendants want to claim my contract with Twitter was “at will,” essentially meaning Twitter could terminate it any time for any reason. Under New York law, at will contracts are not as protected as others, so if they’re correct I’d face a higher bar for my tortious interference claim (though it would still be viable).
They have just one problem. Last year, in Berenson v Twitter, Judge William Alsup of the Northern District of California looked at many of the very facts at issue in this suit. Alsup found I’d made a plausible case that Twitter’s contract with me was not “at will” and that the company had broken it:
Plaintiff plausibly avers that Twitter's conduct here modified its contract with plaintiff and then breached that contract.
How did the lawyers for Bourla and Gottlieb handle that problem?
They - wait for it - offered a long list of irrelevant precedents and then threw in the crucial line they wanted to sneak past us: “the court that upheld Berenson’s contract claim against Twitter erred.”
Alsup closely examined my claims in Berenson v Twitter - he said so himself, at oral arguments in April 2022 over the motion to dismiss - and Twitter’s defense. He found I’d presented sufficient evidence on my breach of contract claim to survive Twitter’s motion to dismiss it.
So the defendants aren’t arguing with us about my contract with Twitter. They’re arguing with Alsup, a highly experienced federal judge who has handled landmark technology industry cases. And we will make sure Judge Jessica G.L. Clarke, who is overseeing Berenson v Biden, knows that fact.
(Months ago, I promised to hold a drawing for mugs for anyone who donated to the legal fund for Berenson v Biden. No, I haven’t forgotten. Just been a bit busy.)
There’s more. Lots more.
And I am more convinced than ever that we will survive the motion to dismiss.
Months ago I asked you to donate money to support this lawsuit. Many of you responded, and I thank you. I am not asking for more donations now. If we move forward the case will get seriously expensive (and the stakes seriously high), and I may come around again, but for the moment we are in good shape.
However, I will say - if you are a free subscriber to Unreported Truths, I hope you will consider upgrading to a paid subscription. You are indirectly supporting the lawsuit (I’ve spent a fair amount of time the last month helping James) - along with the rest of my work.
(Here’s your chance)
And, as always, if you feel like becoming a founding member (the $300 a year level), I’m happy to send you a free signed PANDEMIA (of any of my books). Just email me your address at email@example.com.
Back to work. Our answers are due on Thursday.
Tick, tick, tick…