Moore Bowls Over Lawsuit

Score one for Michael Moore.

A federal judge has tossed a libel and defamation lawsuit against the rabble-rousing filmmaker by the brother of Oklahoma City bombing conspirator Terry Nichols.

James Nichols was featured prominently in Moore's Oscar-winning 2002 film Bowling For Columbine.

Peeved by his portrayal in the documentary, about gun violence in America, Nichols filed a lawsuit in October 2003, alleging statements Moore made about him were untrue.

But in a 25-page decision, U.S. District Court Judge Paul D. Borman disagreed Thursday, ruling Moore's narration in the flick was "factual and substantially true."

Borman tossed the case before it could go to trial, granting Moore's request for summary judgment.

The filmmaker's lawyer, Herschel P. Fink, called his client's courtroom victory a "home run."

"The thing that is most pleasing to Mr. Moore is that the judge agreed with our argument that...the statements were not false and that they were accurately reported," he told the Associated Press.

Attempts to reach Nichols' attorney were unsuccessful.

Nichols was stung by Moore's insinuation he was somehow linked to the 1995 bombing of the federal building in Oklahoma City that killed 168 people. At one point during Columbine, Moore says, "Terry Nichols was arrested and received a life sentence. Timothy McVeigh was executed. But the feds didn't have the goods on James, so the charges were dropped"--a characterization Nichols objected to in his suit.

Nichols also disagreed with Moore's contention that the Nichols brothers made "practice bombs" before Oklahoma City.

Such statements in Columbine, Nichols said in court papers, inflicted "emotional distress."

But Borman ruled that Nichols "voluntarily injected himself into the public controversy surrounding the bombing" by participating in Moore's documentary.

Moore typically has a team lawyers verify the accuracy of his statements before the final cut of any of his films is released to theatres.

James Nichols was arrested in the aftermath of Oklahoma City and subsequently charged with possessing explosive devices on his Michigan farm. He was held for 32 days until the counts were dropped due to lack of evidence.

Terry Nichols is serving two consecutive life sentences for his role in the April 1995 attack. Timothy McVeigh was executed in 2001 for planning the bombing.

Next up for Moore is his highly anticipated documentary exposing America's for-profit health care system, Sicko.

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