The lawsuit filed against EphBlog and DK by former Professor Moore has been dismissed with prejudice. Copies of the most recent pleadings can be found here (EphBlog’s Memorandum in Support of its Motion for Judgment on the Pleadings), here (Moore’s Motion to Dismiss Without Prejudice), and here (EphBlog’s Opposition to Moore’s Motion to Dismiss Without Prejudice).
In essence, EphBlog moved to have the suit thrown out at an early stage. In response, Moore tried to have the case dismissed, but leaving him to refile the case at a later date. EphBlog opposed this, seeking to have the case ended forever. The judge ruled in EphBlog’s favor, and dismissed the case. Moore’s time for appeal has now expired, and so the case is over.
Special thanks to the lawyers (Emily Renshaw and Neil McGaraghan of Bingham McCutchen) who represented both EphBlog and DK for both their hard work and their good work (not always the same thing). Their strategy got rid of the case pretty quickly, for which everyone is grateful. Thanks also to DK for overseeing the process, and to Jeff for his early assistance.