Month: April 2013

Into the minds of the “Park Avenue” lawyers in the Goatherder Nation: Keep pumping Danny Abel’s letter writing campaign at the 5th Circuit boys!

What can I say folks but ROTFLMAO!!!!!!! Hot off the presses from the legal jackassery department over at the Super 8 Motel on Clearview:

Moreover, the Webbs’ attorney, Daniel G. Abel, has repeatedly engaged in sanctionable conduct before this court. In Chisei v. Auto Club Family Ins. Co., 374 F. App’x 475, 477 (5th Cir. 2010), a panel of this court awarded sanctions against Mr. Abel’s client because Mr. Abel’s briefs were “wholly without merit,” “fail[ed] to fairly address the substance of the district court’s findings,” and “demonstrate[d] a pointed disrespect for ‘the limited resources of the judicial system.’” (quoting Stearman v. Comm’r, 436 F.3d 533, 540 (5th Cir. 2006)). In Martin v. Magee, No. 12-30263, 2012 WL 6644228, at *2 (5th Cir. Dec. 12, 2012), another panel of this court imposed $3,000 in sanctions against Mr. Abel, after finding that his briefing “indentifie[d] no legal error and raise[d] no significant, appealable issue.” Mr. Abel’s actions in this case continue what the Martin panel correctly described as “a continued pattern of filing frivolous, vexatious appeals that waste judicial resources.” Id.

Because the instant appeal is frivolous, vexatious, and wastes judicial resources and because Mr. Abel has repeatedly abused the appellate process, we GRANT the motion for sanctions and impose sanctions against Mr. Abel in the amount of the reasonable attorneys’ fees and costs incurred by Morella in connection with this appeal. We REMAND to the district court for determination of reasonable fees and costs.

Now for some lovely music.

And it burns burns burns………

Now the related court order. Click the pic to nab the 2 page pdf. Continue reading “Into the minds of the “Park Avenue” lawyers in the Goatherder Nation: Keep pumping Danny Abel’s letter writing campaign at the 5th Circuit boys!”

I would like to acknowledge the rampant rumor mill regarding DMR and Utility Authority related indictments

Cause it’s out there folks. With the benefit of my prior experience covering an active Federal criminal investigation, the key is to figure out who is squealing and the most reliable source of that information is usually the squealer, as was the case with Tim Whitmer. Along those lines Sean Anthony has been reported in comments here as cooperating with the authorities. I’m not ready to call such at this point but my experience has been the business people truly know where all the “bones are buried” for it is they that are the puppet masters.

I have some additional thoughts that, with a bit of luck,  I’ll share later.

The 24th JDC Division D race enters the home stretch

And Paul Purpura was there at the final weigh in.

Landry, Schlegel spar one last time before Saturday’s judicial race in Jefferson Parish ~ Paul Purpura

Paul gets to the bottom of all the recent campaign skullduggery including the use of the Dantin molestation case in an anti Schlegel mailer, a topic both I and Paul have covered in detail.  Paul received a statement from the victims family in Dantin and the contents of the statement do not surprise me in light of the fact I edited a post at the request of the victims family that was hard on the DA’s office.  I’m not gonna go into the particulars here in respect for the family’s privacy and besides Paul said it nicely anyway:

The ad led the boy’s mother to release a statement Monday to NOLA.com | The Times-Picayune, and to Schlegel’s campaign. The woman, who is not being identified to protect her son’s identity, said she does not fault Schlegel and says he and the district attorney’s office “has done a fine job in representing my family in this case.”

“The case is still pending and I find it reprehensible that someone running for judge would exploit this horrible tragedy involving my son for their own political gain,” she said in the statement. Schlegel, who assisted in the prosecution as “second chair,” read her statement to the audience.

OTOH Landry has finally honed in on Schlegel’s lack of civil trial experience, something that should have been rolled out in the beginning of the campaign IMHO.

Questions appearing to favor Landry provided her with the platform on which to highlight her experience in civil law and, in particular, child custody matters – experience Schlegel concedes he lacks but which she said is required.

I’ve been pleased with the response to Slabbed’s coverage of this judicial race as everyone has presented some good points in support of the candidate of their choice.  Landry is endorsed by the JP Alliance for Good Government, Schlegel the Times Picayune.  Slabbed’s endorsement in this race is to go vote for the candidate of your choice and be sure to pester at least one of the 85% or so of the electorate that has tuned out the race.

We have renewed activity at the 5th Circuit!

And folks it is not for the faint of heart.  As a certain guy from the old days on finance used to say, if you’re on heart medication or have erectile dysfunction please take care before clicking to see what is on the other side of the jump. Thank you. Continue reading “We have renewed activity at the 5th Circuit!”

Concocted evidence using false affidavits is their middle name……..

Weren’t the Goatherders blaming Hurricane Katrina in the ACOA litigation in Canada saying Danny Abel’s law office was in “New Orleans”?

In that affidavit, filed by Plaintiff Sampson on 12/26/09 in this proceeding, Chris Yount swears that he served Mr. Whetstone through the City Attorney on April 14th, 2004. However, then Plaintiff Sampson’s Supplemental Memorandum admits on 12/31/2009, that this mistaken or false affidavit was a “mistake” attributable to Hurricane Katrina. No mention of the undisputed fact that Mr.Whetstone was not employed by the City at the time of the attempted service is made. The newly scanned Record Document Numbers 2 and 8 in 04-1052 show that Mr. Yount did not go to the City Attorney’s office on April 14th, 2004 as he swore on 12/26/2009 under penalty of perjury, but Mr. Abel went to the City Attorney’s Office instead, as he acknowledges in his 12/31/09 supplemental memorandum.

Yes it is true Chris Yount is a Goatherder troll from way far back but what attracted me to Sampson v Whetstone was the fact it exhibits another of Danny Abel’s crash and burn civil rights lawsuits against NOPD as I continue with document 59-4:

(F). The Motion filed by attorney Daniel Abel in support of the Confirmation of Default on December 19th, 2006, ( Doc. # 36, Exhibit “1-C”), erroneously states that “the summons and citation were duly served on defendant MICHAELWHETSTONE on 11 February 2005″. This statement is not true, and it also conflicts with the date of service purportedly upon the City Attorney of April 14th, 2004, given by the other Affidavit filed by attorney Daniel Abel in support of the Preliminary Default on July 22, 2005 (Doc. # 18, Exhibit “1-B”). Thus, the two motions and affidavits filed in support of the confirmation of default are inconsistent with, and conflict with, each other.
(G). The Affidavit filed by attorney Daniel Abel in support of the Confirmation of Default on December 19th, 2006, ( Doc. # 36, Exhibit “1-C”), erroneously states in Paragraph 2 that “Whetstone was an officer of the NOPD at all pertinent times hereto”.
(H). The Affidavit filed by attorney Daniel Abel in support of the Confirmation of Default on December 19th, 2006, ( Doc. # 36, Exhibit “1-C”), erroneously states in Paragraph 4 that “service was made on Whetstone, returned, and entered in the docket.”
(I). On the original Complaint filed in 04-1052 (Doc. #1), an incorrect service address is listed for Mr. Whetstone.

Crash and burn at the hands of Judge Engelhardt? Slabbed reports, you decide. Next up some lovely music:

Is there a pattern developing of suing, then demonizing the lawsuit victim in legal pleadings for its own sake? This wouldn’t work for a lawyer that is perceived as squeaky clean ethically but for a bunch that completely lacks clean hands it is especially farcical.  Respected Northshore lawyer Chuck Hughes, himself the subject of a Goatherder inspired lawsuit and Channel 4 attack piece via Gates v Strain explains: Continue reading “Concocted evidence using false affidavits is their middle name……..”

They have perfected Kamikaze Goat repellent at the 5th Circuit!

It appears Danny Abel’s letter writing campaign is over as the media department at Jones Walker strikes out on “expanding the record” with fantasy evidence.

5th Circuit Motion Denied

And the travesty of justice is complete: Tim Whitmer gets probation

It was Whitmer and Wilkinson, along with Dominick Fazzio that hammered out the parish contract with the River Birch Landfill.

Tim Whitmer gets 3 years probation for covering up crimes in Broussard administration ~ Drew Broach

Under Broussard, who was largely a hands-off executive, Whitmer ran the 3,100-employee, $500 million administration. He possessed an encyclopedic knowledge of projects and programs and was renowned for answering emails deep into the night, after ramrodding meetings and extinguishing political fires all day.

This is absolutely true. Broussard was always off running scams for his own self enrichment while Tim Whitmer was the defacto Parish Prez under two administrations. To the underlings at Yenni, Whitmer was seen as a ruthless snake in the grass that terrorized the minion. In certain circles he is as hated as Tom Wilkinson as both used blunt force trauma as their preferred management style. Unlike Wilkinson, who is crass and vulgar, Whitmer had the Cleaver family playground spiel perfected.  Both are now convicted felons.

In other news my Truitt Law Firm Mug arrived in the mail today and it is a keeper! Thanks Bobby.

If there is one piece of advice I’d give to Bill “Quitclaim” Magee ;-)

Two words Bill: Video Depositions, preferably posted to Youtube.  My money is on Magee putting Eric “The Toolman” Paulsen himself to the question in order to examine his state of mind when Channel 4 was pumping Danny Abel’s crash and burn racketeering lawsuit against Magee on behalf of the Martin family.

Meantime in other news by my count there are at least 5 complaints filed against Danny Abel with the Louisiana ODC including the one filed by Louisiana 22nd JDC Chief Judge William J Knight.

Meantime from the cause and effect files I’ve been notified the Mississippi wing of the Goatherder Nation has sent in more Kamikaze Goats as I’ve received this dispatch from the fabled Slabbed Legal Team on the latest activity at the 5th Circuit Court of Appeals.

Jim Brown’s Weekly Column: The Bomber, Miranda and the Constitution!

Thursday, April 25th, 2013
Baton Rouge, Louisiana

THE BOMBER, MIRANDA AND THE CONSTITUTION!

Constitutional rights for the Boston bomber? Are you kidding? For days we watched the video footage of Dzhokhar Tsarnaev walking the streets of Boston with a backpack loaded with a homemade bomb. A growing list of circumstantial evidence points to his guilt. Yes, he is a naturalized American citizen, but we watched this drama unfold on TV and he seems to be about as guilty as you can get. So why does this heinous accused murderer deserve any rights at all?

Polls taken by local media across the country show that the public considers the bomber to be a terrorist. South Carolina Senator Lindsey Graham summed up the prevailing view in a tweet: “The Law of War allows us to hold an individual in this scenario as an enemy combatant without Miranda warnings or appointment of counsel. The last thing we may want to do is to read Boston suspect Miranda Rights.” So the question is: Does the constitution protect the rights of every American citizen in the United States? First of all, were these two brothers enemy combatants or terrorists? There is no evidence so far that they received either encouragement or specific help from any outside source. They were apparently religious fanatics, but is that enough to call this a terrorist attack?

If these two distorted and warped young men are to be labeled terrorists or enemy combatants as Senators Graham and McCain have suggested, then what’s the difference between what they did and what happened in Tucson, Columbine, Aurora and Sandy Hook? At the Sandy Hook elementary school, 26 people were shot and killed including 20 children. Was the shooter, Adam Lanza a terrorist? At a movie theater in Aurora, Colorado, 70 people were shot and 12 died. And how about the Tucson shooting by Jared Loughner, where 19 people were shot including Congresswoman Gabrielle Giffords, and where 6 were killed? Ten years ago two teenagers killed 12 students, a teacher, and themselves at suburban Denver’s Columbine High School. As horrendous as these killings were — were any of them really acts of terrorism? Continue Reading……………………..