SPEECH Act in the news as word spreads of my historic victory over Broussard’s boys (Updated)

For those of you not following Slabbed on twitter I have a couple of links. First up is the story from LexisNexis’ Law360.com (subscription required) that I think told it best. Here is a snippet:

“The Nova Scotia Court’s oral decision does not contain specific findings of fact with respect to the falsity of Handshoe’s statements,” the opinion said. “Trout Point could not identify a single specific allegation in the statement of claim that the Nova Scotia Court found was actually false.”

Jack E. Truitt, who represented Handshoe, told Law360 Friday that the appeals court decision makes it “almost impossible to get a defamation lawsuit judgment in Canada and come here and enforce it.”

“[The SPEECH Act] has been on the books since 2010, but this is the first widely reported decision on it,” Truitt said. “From the perspective of journalists, it should help you guys sleep a little easier.”

An attorney for Trout Point did not immediately respond to requests for comment.

I know I’ve slept better ever since Bobby signed up to defend Slabbed. Quality lawyers get quality decisions and I can’t say enough good things about the job he did. I was surprised to see the otherwise loquacious Henry Laird declining comment as he frequently comments on his cases locally.

This brings me to the second link as the case was also featured on UCLA law professor Eugene Volokh’s blog. Continue reading “SPEECH Act in the news as word spreads of my historic victory over Broussard’s boys (Updated)”

Crash and Burn: Comfort station lawsuit dropped

Folks excuse me while I take a victory lap.

Bay St. Louis residents drop case opposing comfort station ~ Leighanne Lockhart

Now folks my litigation experience is still what I would term very limited, but it seems to me the first thing one should expect from their lawyer is a solid determination whether the case has a chance including a solid assessment whether the litigants are prepared to do what it takes to successfully assert their claims. Given the following it is clear such was missing from the equation:

The hearing was scheduled for Tuesday, but the residents filed a motion Monday to drop the lawsuit, and the case was dismissed, their attorney Henry Laird said.

“The amount of energy and resources to fight would have taken at least another two years, and it’s something my clients just could not do,” Laird said.

The prior jurisprudence, especially in the litigation involving the I-110 loop, indicated to me the Bay property owners had no chance at prevailing here.  Filing and then losing lawsuits with little chance of victory carries consequences but I imagine the County was gracious in victory.  After all, these property owners are fine people, some of whom I greatly respect. They simply did not think this whole deal through with clarity. Continue reading “Crash and Burn: Comfort station lawsuit dropped”

BREAKING: Judge Morgan issues Order to Show Cause to Daniel G. “Danny” Abel!

We’re going for his license to practice in federal courts as Danny Abel has a history, habit and pattern of disobeying the Louisiana and Federal Courts. Judge Morgan’s order is 4 pages long – following are all 4 pages:

Abel v Handshoe and AMV Doc 45 1 Continue reading “BREAKING: Judge Morgan issues Order to Show Cause to Daniel G. “Danny” Abel!”

Goats on a rope part deux: The Media Department at Jones Walker joins Danny Abel’s letter writing campaign……..

One day folks the entire story of the litigation with the Goatherders will be told but over the last two months Danny Abel has begun a letter writing campaign including an ex parte letter to Judge Louis Guirola which I will term very ill advised. The bottom line is it appears the new Goatherder legal strategy is to engage in the very behavior that have been the subject of so many of their lawsuits through time. Sigmund Freud termed this phenomenon of the insane projection. I call it manna from heaven. First up is a letter straight from Goatherder legal at Jones Walker:

13-60002_doc 00512219940 letter

For my part forcing Danny Abel on the very Judges that sanctioned him days before made me a happy man for several reasons beyond the obvious.  Henry Laird and Jones Walker never had the law on their side so this always a smear job instead of a lawsuit.  First Laird printed and produced for the court every uncomplimentary thing I ever wrote about Magistrate Walker and his poor performance in the Katrina wind water cases.  When I heard of this I wondered if he included his client Anita Lee’s (via her employer the Sun Herald) criticisms of Walker for the same stuff but somehow I think not.  Like NAAS said long ago, people that can’t pound the table with facts use their fists instead.

Next up is the Goatheder motion where Leary and Perret claim, via their lawyer Henry Laird:

Mr. Abel says there had been a fraud perpetuated (sic) upon the district court. A copy of the letter is attached as Exhibit “A”. Trout Point, Perret, and Leary cannot and do not vouch for the accuracy or inaccuracy of Mr. Abel’s fraud charge, however since the charge is so serious, they believe the record on this appeal should be expanded to include Mr. Abel’s letter.

A fraud perpetrated upon the court? This sounds like shades of Webb v Morella where Abel was spectacularly sanctioned for filing a frivolous appeal. This screen capture from my post detailing Abel’s problem collecting court sanctions sums it up: Continue reading “Goats on a rope part deux: The Media Department at Jones Walker joins Danny Abel’s letter writing campaign……..”

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

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.

Goats on a rope: Jones Walker loses another media case

Here at Slabbed New Media we use winners only for the vital legal function as the Goatherders at Jones Walker’s Gulfport office lose yet again.

Judge finds DMR unable to give newspaper records in state auditor’s possession ~ Anita Lee

On deck for the Jones Walker gang, my prediction the Bay St Louis Comfort Station property owners litigation will crash and burn.  My understanding is there is a case out there on the I-110 loop that is on point to those issues.

The value in having good lawyers is they will also tell you when you don’t have a case instead of ginning fees in pursuit of lost causes.

So here I am, sitting at a major crossroads in Slabbed’s coverage of the scandal in Jefferson Parish…..

Vaughn Perret, Daniel G. “Danny” Abel and Charles Leary posing for the business media in Nova Scotia at Trout Point Lodge

And guys I’m agonizing because I’ve had a comprehensive post in drafts since August detailing the retaliation against anyone who has covered or spoken out on the massive political corruption scandal in Jefferson Parish by Aaron Broussard and his band of Goatherders.  The original plan, based upon the advice of my lawyer Bobby Truitt was to roll it out after I won my SPEECH Act case against Broussard’s business agents/co-conspirators in Canada, Charles Leary and Vaughn Perret.  For reasons I can’t go into at this time (and frankly I may never be able to go into) I’m still holding said post, which documents the events in detail.  It will roll folks, that I promise.

But there is more because of Mark Moseley’s recent Lens column on internet commenter Jack, whom most everyone that is paying attention has deduced is Sal Perricone myself included.  It is no secret I want to visit with Sal and to the extent he honors his ethical obligations as an attorney, he has the same rights as everyone else to express his opinions as he sees fit.  But alas there is an investigation ongoing into the commenting scandal at the US Attorney’s office thus this Manuel Torres story for NOLA yesterday puts the stakes for everyone involved in that fight in perspective as the defamation suit Heebe v Perricone has been stayed by mutual request of the litigants.

Speaking of that investigation I can confirm the Department of Justice is crawling every square inch of Slabbed looking for evidence of grand jury leaks with particular emphasis on my composite source, the Legendary Wino of Lafayette Square.  I think this diligence is a good thing because DoJ DC is taking the investigation very seriously and they should.  I’d like to add that I do not expect to be subpoenaed by Team Horn. I absolutely love the fact officialdom thinks enough of Slabbed’s comprehensive post archives on the corruption scandal in Metro New Orleans to read it in detail.

But Jack is still on my mind because Jack, post employment of course, had other handles that he used on Slabbed and what the guy had to say, I thought was highly enlightening.  So I have a conundrum, do I out Jack’s other alias to make a very important, albeit self serving point or do I leave it be and file it under the sanctity of commenting on Slabbed.  I mean Perricone was way on the inside of the investigation back in the day Continue reading “So here I am, sitting at a major crossroads in Slabbed’s coverage of the scandal in Jefferson Parish…..”

DMR Scandal Day 80: This is too rich…….:-)

There is nothing new under the sun but there are lots of old things we don’t know. ~ Ambrose Bierce

Folks we all gotta take off our hats to the DMR Beat Team at the Sun Herald because the gang is doing a great job, especially in today’s day and age of the local newsroom cut to the bone by absentee investor owned chains like the Sun Herald’s McClatchy that struggle under massive corporate debtloads.  Bad times in the newspaper industry are no secret but the Sun Herald’s reporting on the unfolding scandal at DMR should remind us all of the societal value of high quality investigative journalism.

I mention this because often times one has to often read between the lines in a straight news story to fully understand the situation the reporter(s) is (are) trying to convey.  Today it does not take much reading to figure out the Sun Herald would love to fully flesh out this entire DMR topic but they feel stymied.  Here’s a long winded explanation why.

Today’s top story on DMR by Anita Lee and Karen Nelson on Bill Walker’s Foundation is mostly a recap of previous reporting  dating back to December 8, 2012.  That said it had a few new quotes from CMR Chairman Vernon Asper and yes, he comes across as clueless Billy Walker tool, which he surely was considering he chaired the Commission on Marine Resources yet evidently knew next to nothing about what was going on at the agency.  This in turn is a massive breach of Asper’s fiduciary duty as Chairman of the CMR but we need to circle that for now.  It also had quotes from emails involving Bill Walker’s son Scott arranging one of those taxpayer funded fishin’ trips with representatives of an engineering firm out of Mobile, Thompson Engineering.  It was nice to see the taxpayers bought beer and that Pascagoula Mayor and fellow crony capitalist Robbie Maxwell has entered into the equation.  Maxwell, Pascagoula’s part time Mayor is as bad as Bill Walker folks, maybe even worse IMHO.

As bad as this is, and believe me what Phil Bryant’s coastal political cronies have done is very bad, none of this is new and Gov Phil, better than anyone should know exactly what I’m talking about as he was state auditor when it all came down: ENRON.

It was massive accounting frauds at ENRON and WorldCom that led to government regulation of large swaths of the CPA profession and deservedly so I’ll add.  For instance at ENRON there was an ossified, ineffectual Board of Directors stacked with politically connected phonies like Senator Phil Gramm’s wife Wendy, an economist that could rationalize about anything. At DMR, by their own admission we have a Board of Trustees that had no clue what was going on and who evidently did not bother to engage their jobs beyond the free boat rides, fishing trips etc.  When the people that are supposed to be running the show are asleep at the switch bad things happen as we found out at ENRON and now DMR.

ENRON used off balance sheet special purpose entities or (SPE in accounting lingo) as a major vehicle for much of the criminal activity that occurred   DMR director Bill Walker created an off books foundation that sucked all manner of tax dollars away from DMR’ mission to support the boats Walker used to wine and dine everyone on the taxpayer dime and lord knows what else. Continue reading “DMR Scandal Day 80: This is too rich…….:-)”