It’s pretty rare (or should be) to see one lawyer call another lawyer an outright liar. It’s even more rare to see that kind of thing in a federal pleading.
Yet in the case of the local anonymous blogger under fire for his/her posts about R.K. Associates, the “L” word has reared its ugly head:
Defendant’s motion for reconsideration and the attached Declaration of Defendant’s counsel, Robert C. Kain, Jr., (the “Kain Declaration”), are infested with falsehoods and mischaracterizations of law and facts in an underhanded effort to create an issue…There is no dispute that Defendant chose not to attend the hearing (or retain counsel to do so) in the State Court on the Motion to Quash that Defendant filed and which resulted in the Order (the “Hearing”). There was no court reporter at the Hearing, and Mr. Kain never contacted Plaintiff’s counsel to inquire what actually transpired at the Hearing. Incredibly, however, in the Motion for Reconsideration and the Kain Declaration (in which Mr. Kain, as an officer of the Court, swore to the truth of the matters asserted therein), Defendant and Mr. Kain argue due process concerns regarding specific matters they claim occurred or did not occur during the Hearing. These statements are blatant lies, and were sworn to by Mr. Kain without any basis or investigation (as such would have revealed the fallacy of the statements).
The brief goes on to call the statements “material fabrications” and “willfully false assertions” — I should add that Todd Levine’s declaration is also pretty incendiary.
I have no doubt these allegations will be quickly answered.