Judge Dismisses Robert Malone’s $25 Million Defamation Lawsuit Against the Breggins and Jane Ruby. Orders Malone to Explain Why He Should Not Be Forced to Pay Defendant’s Attorney Fees
Judge Moon had previously threatened in writing to declare the Malone v. Breggin suit frivolous.
On December 11, 2023, a court proceeding by Judge Norman K. Moon in the Virginia Western District of Federal Court convened on the issues of jurisdiction in Dr. Malone’s defamation lawsuit against Dr. Peter Breggin, Ginger Breggin and Dr. Jane Ruby. The judge ended Malone’s lawsuit, stating it “has not met his burden of proof as to jurisdiction.”[1] That is, there was no justification for bringing the suit in Virginia.
But this was no mere technicality. Of critical importance, the Judge then granted a request by defendants’ attorneys to consider whether Dr. Robert Malone should be forced to pay the attorney fees of the defendants.
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Judge Moon had previously threatened in writing to declare the Malone v. Breggin suit frivolous, and to force Malone to pay the legal fees if he did not stop pursuing it.[2] In what seems like direct defiance of the judge, Malone continued the suit until it was dismissed today, which underscores the possibility that Judge Moon might order the repayment of the legal fees of the Breggins and Jane Ruby.
The Judge’s warning to Malone was over two months ago when the Judge dismissed Robert Malone’s defamation lawsuit against The Washington Post. He directed the clerk, “STRIKE this case from the docket.” The Judge stated at the time “if Plaintiff [Dr. Malone] continues to bring defamation actions like those that have been dismissed, there will come a time when his lawsuits might fairly be deemed frivolous and awarding attorney fees is appropriate.” In a footnote, the judge indicated he was specifically mentioning Malone v. Breggin as well as Malone v. Twitter.
We estimate it will take at least another 45 days for the judge to resolve whether or not Malone must pay the legal fees for the Breggins and Jane Ruby. But Robert Malone’s case against the Breggins and Jane Ruby has been terminated by the judge.
[1] Document-64,-Dec-11-2023-19114810498.pdf (breggin.com)
[2] Judge Dismisses Robert Malone Vs. Washington Post Defamation Lawsuit (substack.com)
This is really outstanding and comes just in time for Christmas! It's so good to see judges making good calls these days. Happy for all of you. Very best.
Yes, Malone, as the arrogant aggressor, should be required to pay the legal costs incurred by the innocent parties to his parade of unreason.
Our Constitutional right to Free Speech surely includes the right to being made whole after unjust law fare attack.