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……..”

South Coast Today issues a retraction on the Broussard saga: Slabbed compares and contrasts (Updated)

Retraction & apology

February 26, 2013 – 09:01 — Timothy Gillespie

In a story published on February 25, 2013, SCT stated that New Orleans lawyer Danny Abel was once a law partner of former Jefferson Parish president Aaron Broussard. Court records forwarded to SCT show that Mr. Abel has stated under oath in an affidavit filed in a Mississippi Court that he has never been a law partner of Aaron Broussard. We regret the error and apologize to both Mr. Abel and Mr. Broussard for any embarassment caused by the error..

This fact I will verify, Danny Abel has submitted a very curious affidavit in my SPEECH Act case that says exactly that. Now what does the official court record in Louisiana say? Continue reading “South Coast Today issues a retraction on the Broussard saga: Slabbed compares and contrasts (Updated)”

Slabbed examines the harassment of private citizens expressing their opinion on Jefferson Parish Corruption: Part 3

Part 2 of this series ended with the allegations contained in the Concrete Busters lawsuit that Fred Heebe, along with several co-conspirators has been waging a coordinated campaign to unmask and otherwise harass internet commenters sharing information on the political scandal in Jefferson Parish.  I’ve always pointed to the first post I did on Aaron Broussard’s curious connections to an Eco lodge in Nova Scotia Canada in January 2010 as the beginning of this saga but it really isn’t as the retaliation didn’t begin in earnest until May, 2010 as the following blast from the past should jog everyone’s memory:

Jefferson Parish president sues his online critics ~ Richard Rainey, The Times Picayune

Interim Jefferson Parish President Steve Theriot Citing defamation and “suffered embarrassment” allegedly caused by online comments posted at www.NOLA.com, Jefferson Parish interim President Steve Theriot has filed a lawsuit requesting the identities behind 11 user accounts on the website.

and this.

The suit was filed by attorneys Nan Alessandra and David Korn of the Phelps Dunbar law firm.

The lawsuit also references messages posted on a local web log called slabbed.wordpress.com, but doesn’t specifically identify any comments, screen names or accounts used there.

“We haven’t actually been contacted by Jefferson Parish at all, as far as official channels,” said Doug Handshoe, who co-founded that site in Mississippi. After reading the lawsuit, he said: “I think it’s certainly designed to intimidate and silence online commenters.

“We don’t intend to alter what we’re doing at all,” he said.

Let’s leave aside for the moment that only the Parish Council has the legal authority to sue on behalf of the Parish or that the taxpayers of Jefferson Parish picked up the tab for TheRiot’s jackassery but it is what it is. Later the same day I would appear on Fox 8 in a Val Bracy report which aired on the 9PM news:

Vaughn Perret and Charles Leary of Trout Point Lodge

By May 2010 everyone that was anyone in the Landfill saga knew who I was including Aaron Broussard and his band of Goatherders. Slabbed continued undaunted and in my opinion February 2011 was our finest month to date as myself and my former blog partner were in rare form and we covered it all from the Rigsby Qui Tam suit to Ex Rel Branch, the Search and seizure fight involving River Birch and then on February 25 the indictment of Henry Mouton.

March, 2011 continued the pace with those and related topics but it was this post on March 31, 2011 that proved to be the last straw for the Goatherders. The bogus DMCA takedown notices began to flow right around the time I tried the first time to make the jump to the self hosted site Slabbed.org.  Also in April, 2011 I announced the formation of Slabbed New Media LLC as the new owner of the blog. April, 2011 is important to this story for another reason: Continue reading “Slabbed examines the harassment of private citizens expressing their opinion on Jefferson Parish Corruption: Part 3”

Welcome to SLABBED Louis Guirola, Jr. United States District Judge – Spansel v State Farm

…This evidence, viewed in the light most favorable to the Spansels, tends to show their claim was denied on October 19, before an adjustor had set foot on their property, reviewed photographs of the loss, or received any data other than the property’s location along Bay St. Louis. State Farm management affirmed this denial based solely on the property’s proximity to the Gulf of Mexico. This creates question for the jury as to whether State Farm lacked a legitimate arguable reason for denial of wind coverage under the homeowner’s policy…State Farm is not entitled to judgment as a matter of law on whether it lacked an arguable, legitimate reason for denial.

Because there is evidence that State Farm denied the claim without any adjustment or investigation, a question of fact exists as to whether State Farm acted at least in reckless disregard of the Spansels’ rights under the policy. Therefore, State Farm is not entitled to judgment as a matter of law on this portion of the bad faith claim either.

Next, the Spansels seek a declaratory judgment that the anti-concurrent clause is ambiguous and unenforceable. The anti-concurrent clause is cited in the previous section. State Farm argues that this clause has been held unambiguous and enforceable by the Fifth Circuit. Since that time, the Mississippi Supreme Court has rejected this contention. Corban, 20 So. 3d at ¶48. Corban held that the anti-concurrent clause was ambiguous and unenforceable to the extent that it purported to exclude any wind loss if it occurred separately from and in any sequence to excluded water loss. Id. at ¶¶32, 40-41. State Farm has not shown it is entitled to summary judgment on this portion of the declaratory judgment claim.

Although Judge Guirola granted most of State Farm’s motion, his reliance of decisions made by other members of the court and/or other courts makes his Memorandum Opinion and Order Granting in Part and Denying in Part Partial Summary Judgment extremely interesting reading.  However, before looking further at his Opinion – Order, his Order Denying State Farm’s Motion in Limine to Exclude Evidence merits a mention: Continue reading “Welcome to SLABBED Louis Guirola, Jr. United States District Judge – Spansel v State Farm”