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Case Dismissed - Kevin Ryan v. Underwriters Labs

Even with the benefit of the roadmaps provided by the judge previously, they have failed to state a legitimate cause of action, in my view, and I would expect that the judge will not look upon this kindly when it comes to the next motion to dismiss.


Taking every single factual allegation as true, I think Ryan has stated a cause of action.

The only question is whether Ryan's letter can be read as disclosing a conflict of interest. Ryan's new Complaint actually admits that it does not do so by its plain language and that Ryan didn't even know he was disclosing a conflict of interest at the time. But if the judge sees this as an issue of fact for a jury, he may let the Complaint go forward.

The judge seems like a pretty together guy and I'm sure he knows that Ryan is lying to get to discovery, but he also has been very strict in his application of the law and he may feel constrained to let this go forward.

It's such a close call, in my opinion, that any decision will be appealable. And this whole nonsense may just never end.
 
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If a dismissal doesn't come on that ground, I think Ryan will survive a motion to dismiss and get to discovery. After all, UL's only defense would be, "Our president didn't tell him anything about steel," and that is an issue of fact. If Ryan gets to discovery, UL is going to find out that Ryan received no communication from the president of UL stating that they had certified the steel or anything else. At that point, there's going to be a motion for sanctions, contempt, legal fees and who knows what else. UL will win that motion because it's obvious that Ryan is flat-out lying about what he was told (and he said in his complaint that he kept the letter, God help him). UL's legal fees will be in the area of $100,000.00 by that point - much, much higher if they have to produce any discovery. And Ryan will be sent to jail for, say, 30 days.

This thing is going to get much, much worse before it gets better.


:popcorn1 :popcorn1 :popcorn1
 
Taking every single factual allegation as true, I think Ryan has stated a cause of action.

The only question is whether Ryan's letter can be read as disclosing a conflict of interest. Ryan's new Complaint actually admits that it does not do so by its plain language and that Ryan didn't even know he was disclosing a conflict of interest at the time. But if the judge sees this as an issue of fact for a jury, he may let the Complaint go forward.

The judge seems like a pretty together guy and I'm sure he knows that Ryan is lying to get to discovery, but he also has been very strict in his application of the law and he may feel constrained to let this go forward.

It's such a close call, in my opinion, that any decision will be appealable. And this whole nonsense may just never end.

I agree with you that the second amended complaint, as written, discloses a cause of action if one takes each allegation as true, as is the standard on a motion to dismiss. I do not think that it discloses a legitimate cause of action, though. (Here, bald allegations are insufficient to survive a motion to dismiss if the facts alleged are patently absurd or incapable of proof, and I based my opinion on reading Ryan's letter to NIST in conjunction with the second amended complaint.)

I erroneously thought that Ryan's letter to NIST was in evidence at the previous motion to dismiss, but I see now that it was not, and I see that it is not attached to the second amended complaint either.

In the second amended complaint, he claims that his letter included allegations of wrongdoing and conflict of interest on UL's part. It clearly does not but the letter is not before the court.

You are quite right (of course :) ) that Ryan is simply trying to get to the discovery stage and trying to avoid another dismissal. But, man, oh man, the lengths to which he is going and the contortions that he is engaging in are surely going to come back and bite him in the butt.

Ryan's letter is still posted on the internet, btw. The text is as follows:

From: Kevin R Ryan/SBN/ULI
To: frank.gayle@nist.gov
Date: 11/11/2004


Dr. Gayle,

Having recently reviewed your team's report of 10/19/04, I felt the need to contact you directly.

As I'm sure you know, the company I work for certified the steel components used in the construction of the WTC buildings. In requesting information from both our CEO and Fire Protection business manager last year, I learned that they did not agree on the essential aspects of the story, except for one thing - that the samples we certified met all requirements. They suggested we all be patient and understand that UL was working with your team, and that tests would continue through this year. I'm aware of UL's attempts to help, including performing tests on models of the floor assemblies. But the results of these tests appear to indicate that the buildings should have easily withstood the thermal stress caused by pools of burning jet fuel.

There continues to be a number of "experts" making public claims about how the WTC buildings fell. One such person, Dr. Hyman Brown from the WTC construction crew, claims that the buildings collapsed due to fires at 2000F melting the steel (1). He states "What caused the building to collapse is the airplane fuel . . . burning at 2,000 degrees Fahrenheit. The steel in that five-floor area melts." Additionally, the newspaper that quotes him says "Just-released preliminary findings from a National Institute of Standards and Technology study of the World Trade Center collapse support Brown's theory."

We know that the steel components were certified to ASTM E119. The time temperature curves for this standard require the samples to be exposed to temperatures around 2000F for several hours. And as we all agree, the steel applied met those specifications. Additionally, I think we can all agree that even un-fireproofed steel will not melt until reaching red-hot temperatures of nearly 3000F (2). Why Dr. Brown would imply that 2000F would melt the high-grade steel used in those buildings makes no sense at all.

The results of your recently published metallurgical tests seem to clear things up (3), and support your team's August 2003 update as detailed by the Associated Press (4), in which you were ready to "rule out weak steel as a contributing factor in the collapse". The evaluation of paint deformation and spheroidization seem very straightforward, and you noted that the samples available were adequate for the investigation. Your comments suggest that the steel was probably exposed to temperatures of only about 500F (250C), which is what one might expect from a thermodynamic analysis of the situation.

However the summary of the new NIST report seems to ignore your findings, as it suggests that these low temperatures caused exposed bits of the building's steel core to "soften and buckle"(5). Additionally this summary states that the perimeter columns softened, yet your findings make clear that "most perimeter panels (157 of 160) saw no temperature above 250C". To soften steel for the purposes of forging, normally temperatures need to be above 1100C (6). However, this new summary report suggests that much lower temperatures were be able to not only soften the steel in a matter of minutes, but lead to rapid structural collapse.

This story just does not add up. If steel from those buildings did soften or melt, I'm sure we can all agree that this was certainly not due to jet fuel fires of any kind, let alone the briefly burning fires in those towers. That fact should be of great concern to all Americans. Alternatively, the contention that this steel did fail at temperatures around 250C suggests that the majority of deaths on 9/11 were due to a safety-related failure. That suggestion should be of great concern to my company.

There is no question that the events of 9/11 are the emotional driving force behind the War on Terror. And the issue of the WTC collapse is at the crux of the story of 9/11. My feeling is that your metallurgical tests are at the crux of the crux of the crux. Either you can make sense of what really happened to those buildings, and communicate this quickly, or we all face the same destruction and despair that come from global decisions based on disinformation and "chatter".

Thanks for your efforts to determine what happened on that day. You may know that there are a number of other current and former government employees that have risked a great deal to help us to know the truth. I've copied one of these people on this message as a sign of respect and support. I believe your work could also be a nucleus of fact around which the truth, and thereby global peace and justice, can grow again. Please do what you can to quickly eliminate the confusion regarding the ability of jet fuel fires to soften or melt structural steel.

1. http://www.boulderweekly.com/archive/102104/coverstory.html
2. CRC Handbook of Chemistry and Physics, 61st edition, pg D-187
3. http://wtc.nist.gov/media/P3MechanicalandMetAnalysisofSteel.pdf
4. http://www.voicesofsept11.org/archive/911ic/082703.php
5. http://wtc.nist.gov/media/NCSTACWTCStatusFINAL101904WEB2.pdf (pg 11)
6. http://www.forging.org/FIERF/pdf/ffaaMacSleyne.pdf

Kevin Ryan
Site Manager
Environmental Health Laboratories
A Division of Underwriters Laboratories
South Bend

I do not see any allegation of wrongdoing against UL in the letter, nor any allegation of a conflict of interest on UL's part, and I cannot see how any rational person could read the letter as such.

However, if the letter is not before the court, the judge will only be going by the allegations set out in the second amended complaint. Personally, I think it is an affront to the judicial system to allow a patently false complaint to go forward, but I can see how it might squeak through.

My apologies for the erroneous assumption on my part that the letter was before the court on the earlier motion to dismiss. I was wrong when I said that the court has already found that the letter did not disclose any allegations against UL. In fact, the court found that Ryan's previous description of the letter in his prior complaint did not disclose any allegations against UL. The court was not referring to the actual letter. My mistake. :o

In his second amended complaint, he has changed his description of the contents of the letter and is trying to assert that it does include allegations of wrongdoing and conflict on UL's part, even though he admits that it does not, in its plain wording, disclose any such thing and even though he admits that he was not even aware that he was making such an allegation at the time.

I will keep watching for further developments, of course. It is certainly going to be entertaining...
 
Here, bald allegations are insufficient to survive a motion to dismiss if the facts alleged are patently absurd or incapable of proof



Well, I think that's what UL is going to go with in its new motion to dismiss. But even doing so concedes that the territory they're battling on is one of fact and not law. That makes it much trickier for them to get the Complaint dismissed.

In any case, Ryan's "patently absurd" claims are exactly what are going to get him thrown in jail sometime in 2010.
 
Well, I think that's what UL is going to go with in its new motion to dismiss. But even doing so concedes that the territory they're battling on is one of fact and not law. That makes it much trickier for them to get the Complaint dismissed.

In any case, Ryan's "patently absurd" claims are exactly what are going to get him thrown in jail sometime in 2010.

2010 is going to be a very good year. ;)
 
you realize the entire "50 miles out....10 miles out" argument is purely speculative, regardless of what you think he "might have" been referring to, you have no proof, no evidence at all besides your "best guess".

TAM:)
 
The discussion started by atty1chgo has been split off to "[Split from: Kevin Ryan vs....] atty1chgo's paper on WTC7." If atty1chgo has a better title for it, I'm open, but these posts deserved a thread of their own and had no place in this thread.
Replying to this modbox in thread will be off topic  Posted By: LibraryLady
 
Ack - don't give Christophera any ideas. I dread the thought of trudging through another one of his lawsuits.

Wait, another one?

I would have thought that one of his lawsuits would be like an even crazier version of old "Corndog" Simpson.
 

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