As the contempt citations and Rule 11 sanctions mount on the author of the Trout Point Lodge Cookbook Daniel G. “Danny” Abel……
Finally, as demonstrated in the procedural history of this case and the court records, plaintiffs and plaintiffs’ counsel have demonstrated a clear pattern of frivolous and vexatious claims. Mr. Abel has also repeatedly failed to adhere to the requirements of this court and has shown a disturbing pattern of asserting potentially damaging allegations with no evidentiary basis whatsoever and of being inauthentic with the court, to put it mildly. For these reasons, the plaintiffs, Belva and Faith Webb, and their counsel, Mr. Daniel Abel, are hereby prohibited from filing any future claims before this court until the sanctions ordered under Rule 11 are paid in full.
By my tally the litigious trio owners of Trout Point Lodge still owe their former lawyer Henry Laird at Jones Walker $97,000 or so. Since the gang voluntarily availed themselves of the New Orleans CDC to sue Jones Walker, I would posit the firm has its choice of legal venue should they institute legal action to collect their unpaid fees.
I attended the hearing back on July 29th and saw the spectacle first hand. Danny Abel for Trout Point Lodge, as is his habit and custom, was distributing legal briefs that were due 7 days before. He also, as is his history, habit and custom accused Jones Walker’s lawyer Dan Lund of perpetrating “a fraud upon the court”. Lund is a seasoned litigator and he expertly dismantled Trout Point Lodge’s attempt to scapegoat their former lawyer for Slabbed’s historic precedent setting victory for the First Amendment and Journalism in the Public Interest over the SLAPP happy Aaron Broussard stooges from Nova Scotia Canada.
The Leary, Perret and the Lodge’s petitions are so infantile and self contradictory only hayseeds 2000 miles away in Nova Scotia take them seriously.
It looks like vexatious litigant Shane Gates must surrender himself for trial in St Tammany before any of his myriad of civil suits filed by his lawyer / adopted father Danny Abel which named judges, prosecutors, the Sheriff along with court employees and Louisiana Attorney General Buddy Caldwell can move forward. Judge Duvall explained why this has to be a few weeks back via a six page opinion:
And you know what is screwed up folks is I still can’t fill my readers in on the details because Attorney Daniel Abel, on an ex parte basis with Judge Glenn Ansardi, had the case sealed when Abel filed it. This is something I am very committed to seeing remedied. 24th JDC Judge Scott Schlegel, now presiding over the case granted Slabbed’s Special Motion to Strike the Complaint under Louisiana’s Anti SLAPP statute and awarded reasonable Attorney Fees. Slabbed New Media LLC was very capably represented by Connie Montgomery in the matter.
Due to the abuses that were perpetrated by Attorney Abel in this matter, in April of this year on behalf of Slabbed New Media I filed suit in United States District Court against Abel for willful violations of the Digital Millenium Copyright Act related to the DMCA takedown notices he sent to Slabbed’s current web host, Host Gator LLC related to publicly available court documents that he claimed infringed on a copyright. Slabbed New Media will show that Abel’s DMCA takedown notice, which he swore under perjury was true, was confected from whole cloth. United States District Court Judge Keith Starrett is presiding over this case.
Finally, Slabbed New Media will be asserting similar DMCA abuse torts against Trout Point Lodge, Vaughn Perret and Charles Leary related to their multi-year campaign of abuses of the United States Digital Millenium Copyright Act including their assertion of ownership of parodies created and owned by third parties such as Patrica Fournet and Frank Magazine. Under the DMCA, a party issuing a takedown request swears under penalty of perjury they own the creative works in question. I look forward to having my day in court in defense of the First Amendment and Journalism in the Public Interest.
Freedom is not free folks. If you value your first amendment rights and forums like Slabbed where the free exchange of ideas and opinions are encouraged, please take a few minutes and donate to the cause. While I am certainly appreciative of larger donations, there are several people like Cindy, Beverly, Debra and Patricia that donate as little as $10.00 a month. If 10% of my daily readers aka the unique visitor did this, funding things like lawyers or the hardware that I purchased to self host Slabbed here in Mississippi would not be an issue. Thank you.
Vincent Wynne, who represents GDH and Riecke, points to the fact that the federal lawsuit was dismissed and that his clients won their civil suit against Sharp. Wynne said that attorney Danny Abel, who initially represented Sharp and filed the federal suit, had “left a mess” and “put up so many smokescreens,” costing his clients money.
Vance, the federal judge, ordered Abel to pay the St. Tammany Parish Sheriff’s Office attorney’s fees of $22,382 in a separate but similar case, in which Abel had accused the office of violating a St. Tammany woman’s rights by seizing certain items in a search.
Abel has also been admonished by Rothschild for making irresponsible claims of fraud against the District Attorney’s Office in yet another, also unrelated case.
Sources tell Slabbed Mr. Sharp has since obtained professional legal representation. Stay tuned.
I could be wrong folks but it looks like the Goatherders are attempting to retry their resounding SPEECH Act loss to me in Federal Court in the New Orleans CDC. This suit is ill advised on so many levels to the point where I am giddy with anticipation. Alan Jacobus of San Francisco California and Danny Abel of the Super 8 Motel Legal Department for Team Goatherder:
Folks its appears that the legal department at the Super 8 Motel is very good at filing suits and promoting them in the media but not so good at doing anything constructive with them. With the day of reckoning approaching in Gates v Swartz Danny Abel filed this:
It appears Abel is having a hard time finding another lawyer to take the Swartz suit, which is to be expected given I feel safe in saying that Abel is the only lawyer in Louisiana that would style a suit like Swartz against a sitting State court judge alleging Treason. By all accounts Swartz is considered a straight shooter as a judge, his transgression against Abel client/son Shane Gates being is he was assigned the criminal case State of Louisiana v Gates. Continue reading “Ready, Willing and unAbel: A Super 8 Motel Legal Department Update”
I hear Team Goatherder is trying, via listserv, to solicit representation for a redo of the SPEECH Act case Trout Point Lodge, Charles Leary and Vaughn Perret recently lost to me in a precedent setting decision. I guess it is time I solve a mystery for all the national law bloggers that wrote about the case.
The court ruled the way it did on the default because we agreed to try the case on cross motion for summary judgment, which you lawyers know means there could be no dispute of material facts. So I took a mulligan and stipulated to all the crazy stuff Trout Point Lodge, Leary and Perret said in their nonsensical complaint, including being the sole author of all the posts and comments made to the blog, something they absolutely knew to be untrue when they plead it since they had been previously conducting a witch hunt against Slabbed for Aaron Broussard in their Louisiana Media SLAPP suit for 5 months previous. That is the tip of the iceberg.
Anyone that has kept up with the saga of vexatious litigant Shane Gates and his crusade against the St Tammany Parish legal system to avoid standing trial for his DWI arrest understand the multitude of lawsuits Gates has filed against the Judges in St Tammany Parish as well as the Sheriff, DA and State Attorney General represent abuses of process that will end badly for both the boy and his Daddy/Lawyer Daniel “Danny” Abel. The latest twist occurred last August when Gates and Abel sued St Tammany Parish Judge Richard Swartz to conflict him out of the Gates criminal case and derail the scheduled prosecution. With every judge in the 22nd JDC conflicted out due to civil lawsuits filed by Gates against them, Ad Hoc Judge Walter Rothschild was brought in to hear the case. The Advocate covered the series of hearings held last November and in a story published on November 16, 2013 well conveyed the jackassery:
Three times this week defense attorney Danny Abel tried to get St. Tammany Parish District Attorney Walter Reed recused from cases Abel is defending, and three times Ad Hoc Judge Walter Rothschild denied the motions.
Abel – who has filed a long and eye-popping list of legal claims alleging shenanigans in the St. Tammany justice system – was in court for hearings on two misdemeanor cases and one felony trial he is defending. In each case, Abel has alleged that Reed’s office is pursuing the prosecution either out of racism or despite conflicts of interest.
Rothschild wasn’t buying any of Abel’s claims, however, repeatedly telling the pugnacious lawyer that nothing he presented backed up his claims. At one point, Rothschild admonished Abel for repeatedly accusing the District Attorney’s Office of fraud, saying that making the allegation in the absence of any evidence was irresponsible.
Rothschild – who was hearing the various matters because all of the judges in the 22nd Judicial District have recused themselves – also refused to compel Reed to testify in response to subpoenas issued by Abel. He told Abel that he couldn’t subpoena Reed until he had given Reed a hearing to fight the subpoena’s issuance.
“You can’t put the cart before the horse.” the increasingly exasperated Rothschild said. He also denied a motion to change the venue of one of the misdemeanor trials, which will be tried without a jury. “I am trying this case; it doesn’t matter where I am trying it. Your client will get a fair trial,” Rothschild said.
In August, a federal judge ordered Abel to pay the legal expenses for St. Tammany Parish Sheriff Jack Strain, whom Abel had sued on behalf of a woman who claimed the Sheriff’s Office had kept religious items it seized from her home in a 2008 raid. The suit was very similar to a second one, and U.S. District Judge Sarah Vance ruled that the woman’s lawyers “unreasonably and vexatiously multiplied the proceedings.”