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.
“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.
I invite all of my media brothers and sisters to sleep well tonight under the blanket of freedom provided by Slabbed New Media, Bobby Truitt and yours truly. Click the pic to score the 25 page opinion. I’ll have more a bit later.
For true they did as Judge Guirola ruled yesterday on the appeal bond. As for any perceived frivolousness of the Goatherder’s appeal following is their brief and the readers can decide that for themselves. Just over a week from today will mark one year this issue has been litigating in federal court. (Click the pic to nab the 44 page pdf)
There is a country saying about poseurs that is a personal favorite folks and it is time I shared it with everyone.
Big hat, no cattle
Why do I mention this? First allow me to quote that phony news story dated December 21, 2012 by the Halifax Chronicle Herald’s Bill Powers on Slabbed’s historic SPEECH Act victory over the SLAPP Happy libel tourists at Trout Point Lodge:
Perret said he and his business partner will consult with their lawyer on the ruling and are tired of commenting on the case.
“We do not have high expectations of ever collecting any part of that $425,000. This was never about the money,” he said.
Unfortunately this is pure fantasy as Perret and his hubby Charles Leary tried enrolling the money portion of the specious Nova Scotia judgment against me in Hancock County Circuit Court earlier this year. Later they would ask for relief they did not plead in enforcement of the very broad injunction Nova Scotia Supreme Court Justice Suzanne Hood also issued. Judge Guirola found both the money judgment and Hood’s injunction repugnant to the constitution of the United States under the SPEECH Act but Perret and Leary are in full tilt damage control mode after Guirola’s decision. I’d submit Perret, a self proclaimed Park Avenue lawyer is fooling only himself, beclowning himself in the process. Why do I mention this?
Some people go to Disney and ride the rides. Me? I went through the contents of Aaron Broussard’s desk drawer and his “official” correspondence. I feel like I almost know Bro. Aaron. Maybe I do since I also speak with people that literally go back to his college days.
On Wednesday Slabbed New Media brought PRR #0532-12 to a successful conclusion with the last 1,500 page document dump. In total I estimate I examined somewhere around 40,000 pages of documents, nabbing around 2,000 pages, some of which I’ve rolled out here on Slabbed since late July, 2012.
Unfortunately the one document that best sums up Broussard’s tenure as Parish Prez was one of a few that simply did not reproduce well. It was a picture of Broussard in his business suit in a dance studio hanging onto the rail practicing a ballerina like pose. Sadly as a leader of the people he was a simple poseur as the largest amount of retained documents appeared to deal with his travels and/or planning his leisure travel.
I have big plans for the Goatherders as I fully intend to make certain the abuses that have occurred in the telling of this story will never happen again.
The following minute entry appeared today in the “removed” Dec. Action involving Slabbed New Media, Moi, Charles Leary, Vaughn Perret and Trout Point Lodge:
Minute Entry for proceedings held before Magistrate Judge John M. Roper: Status Conference held on 4/24/2012. Pursuant to a conference held on this date and after discussion among the parties, the Court determined that this matter may be resolved by dispositive motion. Parties will file dispositive motions within thirty days of receipt of the official transcript of the underlying proceeding held in Nova Scotia,Canada. Parties are ordered to exchange any transcripts retained.
The action is in the removed case as we’ll be dismissing the original suit that I filed. I’d now like to point out the following from 28 USCA § 4105:
In any action brought in a domestic court to enforce a foreign judgment for defamation, including any such action removed from State court to Federal court, the domestic court shall, absent exceptional circumstances, allow the party opposing recognition or enforcement of the judgment a reasonable attorney’s fee if such party prevails in the action on a ground specified in section 4102 (a), (b), or (c).