This morning, United States District Court Judge James C. Cacheris issued an order dismissing Fireclean v. Tuohy on jurisdictional grounds. This means that Fireclean could appeal this ruling or attempt to refile the case in Arizona (and, presumably, a separate filing against Everett Baker in New Hampshire) before the statute of limitations expires.
However, this is the third loss in a row for Fireclean relating to this case – denial of their motion for jurisdictional discovery, denial of their appeal of that denial, and the dismissal of the case – with no victories to show on their side over the last four months.
Continuing to tilt at windmills would seem ill-advised in light of this statement on page 25 of Judge Cacheris’ ruling:
“Plaintiff’s theory is that Baker and Tuohy conspired to publish a test that would show FIREClean is the same as Crisco or canola oil, even though they knew the test was inadequate to reach that conclusion, so as to attract more viewers to their blogs. Although such a conspiracy is logically possible, it is not plausible based on the facts in this record. The foundation of Plaintiff’s theory is that a critical review of FIREClean would attract more readers to the blogs. Criticisms of FIREClean being Crisco, however, were already commonplace online due to earlier published statements in the Vuurwapen blog, the Firearm blog, and George Fennell’s publications, among others. The Court finds no reason to conclude that an article affirming the prior tests would attract more readers than results disputing the prior test results.
Furthermore, the record is replete with facts providing non-conspiratorial explanations for why Baker chose the Infrared Spectroscopy and NMR Spectroscopy to analyze FIREClean, including the advice of his professors, his personal research on the best testing methods, his available equipment, and the methods that two individuals with doctorates in chemistry used to test FIREClean. In sum, it does not plausibly or fairly follow from the facts alleged that Baker and Tuohy had a preconceived plan to conduct a fraudulent test so as attract more readers to their blogs by declaring FIREclean to be Crisco.”
Without the support of those who donated to the legal fund – large and small – and the truly excellent work of the legal team at LSKS, this victory would not have been possible. Thank you.