Friday, March 01, 2013

News from Maine

Despite the Carrington settlement, earlier this week, Duke's attorneys informed the Maine District Court that the dismissal of Carrington did “not impact” its subpoenas against me in the parallel McFadyen (Bob Ekstrand) lawsuit.

Thanks to some effective lawyering by my attorney, Patrick Strawbridge--and still awaiting a decision from Maine District Court judge Brock Hornby, who peppered the Duke attorneys with skeptical questions during January oral argument--Duke has just indicated that it has withdrawn its subpoenas and ceased its attempts to compel me to reveal confidential, unpublished communications with sources for the book and blog. The withdrawal of the subpoenas means that Judge Hornby will not have occasion to issue a written opinion on the merits of Duke's actions. In light of Duke's withdrawal of the subpoena before Judge Hornby had an opportunity to adjudicate the matter, my attorney has filed a motion to vacate the order of the magistrate judge.

In deference to the process, I refrained from public comment about Duke's actions as the case worked its way through the Maine courts, but I will write about my experience in a forthcoming post.


Anonymous said...

Great news!

Had Duke succeeded, all would-be sources for any researcher about any book/topic would have to be fearful of retribution from their employers/superiors (and hence,
the powerful could silence their critics).

Freedom of the press received a reprieve today, in Maine.

Anonymous said...

I hope you can make up for some lost time. Since conventional "journalism" has failed in this case, it is up to citizen journalists to fill the gap.

Anonymous said...

KC, I had no idea you had been sued by Duke. Jesus...

Anonymous said...

KC Johnson: "...I will write about my experience in a forthcoming post"

And I will eagerly anticipate reading it.

Anonymous said...

I am sorry they put you through this, but am very happy that the nightmare is over.

Duke Prof

skwilli said...

I very much hope you unload on Duke. They very much deserve it.

skwilli said...

Although I know she has since moved on, did this action have anything to do with Jamie Gorelick as Duke's Counsel? It's her style and history, although she usually takes her money and runs prior to the fallout.

kcjohnson9 said...

To skwilli:

No--as far as I can determine, this action was entirely the product and the agenda of Gorelick's successors, the Ellis & Winters "team."

Anonymous said...

Wonderful news!
Thanks so much for initiating and following up on this remarkable circus!
Please continue!

Anonymous said...


I don't think it was ever about your possible contributions to discovery. What could you have known that they didn't already know?

Duke punished you by taking up your time and, presumably, substantial resources paying for legal representation. They won.

Anonymous said...

No, KC was not sued. He was subpoenaed.

Gotta clarify these things.