Deters Update: His Law Firm to Get a "Special Master"

A Kentucky federal judge reviewing potential sanctions vis-a-vis mouthpiece hall of infamy honoree, Eric Deters, yesterday, ordered Deters to agree to the appointment of an outside lawyer to reivew his law firm practices, adopt any recommendations based on the "special master" review, and to attend an additional 20 hours of continuing legal eduction.  Reporter Jim Hannah's follow-up story for the Cincinnati Enquirer follows:

Lawyer and radio personality Eric Deters filed a federal lawsuit in January to stop the Kentucky Bar Association from moving forward with disciplinary proceedings against him.


What he got on Wednesday was a federal judge who accused him of filing lawsuits before fully researching the facts and the laws that apply - a similar claim that has been made in the state disciplinary proceedings. To discourage such frivolous filings, U.S. District Judge Danny Reeves said that he was ordering Deters to have an independent lawyer review the operations of his law firm and adopt any recommendations. Deters must also attend 20 hours of continuing legal education on ethics.

If Deters fails to complete these tasks, he will have to reimburse Kentucky Supreme Court Chief Justice John Minton Jr. and the state bar association the about $23,000 in legal bills they incurred defending the federal suit. The suit has since been withdrawn.  Deters said he would not appeal Reeves’ decision. He says he welcomes the review and gets to decide on who will conduct it, though the judge must approve the choice.

"I'd like to put this in perspective," he said. "I was not told that I or (a) loved one has cancer today. I did not lose a child today. I did not lose my good health today. I still have a great law practice, a great radio show and plenty of business interests. I will not lose any clients today. In fact, I will gain clients based upon my courage of standing up for my cause."

Reeves repeatedly expressed concern that Deters acts impulsively. Reeves said Deters' approach to litigation was "ready, fire, aim."

Reeves said another example of Deters' impulsive actions appeared to be the recent release of a YouTube video where Deters criticizes Reeves. In that video, Deters said he refuses to let Reeves paint a picture that he is "some kind of sloppy incompetent attorney."

Deters said he was just defending himself so not to lose clients because of the bad publicity the suit against the bar association created. Deters has since removed the video from his website.

Reeves then demanded Deters' attorney, former gubernatorial candidate Larry Forgy, elaborate on what he meant by statements that a "cabal" of lawyers was forming to destroy Deters' career.  Forgy said lawyers jealous of the success Deters has found as a radio personality and the business it brings his firm were behind the bar association's disciplinary proceedings.

A trial commissioner has recommended Deters be suspended from the practice of law for 181 days, but the Kentucky Bar Association's Board of Governors has agreed to review all the charges before acting on the recommendation. A hearing before the board is set for September.

While Deters withdrew the January suit, he filed a second suit against the bar association in June.
Forgy said the June suit makes different legal claims than the January suit, but the underlying theme is the same. Forgy claims the trial commissioner who recommended the suspension had a conflict of interest and should have recused himself.

One of the bar association's ethics charges against Deters is that he charged an excessive $1,500 fee for filing a suit. But Forgy claims the trial commissioner's law partner took the case after Deters was no longer in it and took a $25,000 fee.

"My wife, children, family, friends, clients and fans still support me and think more, not less of me," Deters said leaving the courthouse. "My enemies, who are petty and mean people, can enjoy their victory. My life is wonderful and I'll keep fighting the good fight."
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The hemming and hawing, grandiosity, rationalizations, and bluster never ends with this guy.  Eventually, unless he has a "come-to-Jesus-moment" his time to take corrective action to save his career will run out.  Not yet.

Litigant Guru Of Gwinnet Georgia Coming to Dayton, OH

The Litigant Guru of Gwinnet County, Georgia was one of the most popular posts on Bad Lawyer last year.  Daytonians are now in luck, he is now making the move the midwest according to a commentator who tipped me to this news report at the Atlanta Journal Constitution:

"A Hindu guru dogged by controversy is relocating his temple to Dayton, Ohio, even as he wages legal battles in Georgia.

Annamalai Annamalai, also known as Dr. Commander Selvam, moved his operations in part because he needed to 'step back and regroup' from his troubles in Atlanta, said his lawyer John Scaccia.  Annamalai has been arrested twice in Gwinnett County since 2008 on charges of credit card fraud and practicing medicine without a license. Prosecutors dropped the charges due to insufficient evidence.

Attendance at the Hindu Temple of Georgia has plummeted, leading to bankruptcy and foreclosure earlier this year.

The temple is still embroiled in bankruptcy court, where the IRS is seeking $600,000 in unpaid taxes.  Annamalai filed a lawsuit in federal court last week seeking $56 million in damages from Gwinnett authorities. It targets Gwinnett police investigator Paul Cwalina, who lead the investigation, Gwinnett County Sheriff Butch Conway, and Sheriff's Deputy Dave Henry. Several former temple devotees whose complaints prompted the investigation also were included in the lawsuit.

The lawsuit claims Cwalina coached individuals to say they were swindled by Annamalai as part of a conspiracy to destroy the temple. It is the latest of dozens of legal actions that Annamalai has filed against people who criticized him or raised questions about his practices.

'The poor guy was portrayed by law enforcement as being some type of a criminal,'  said Scaccia.

Officials from the Gwinnett police and Sheriff's departments declined to comment on the pending litigation.

The Dayton Daily News this month reported that Annamalai paid $525,000 in cash for an old bank building in downtown Dayton. He also bought a flea market where he plans to establish his new temple, the newspaper said. But Georgians probably haven't seen the last of Annamalai.

'He thinks of them very highly and cares about his temple and wants to come back there,' Scaccia said.
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When last we checked in with Annamalai or whatever alias he using, he had lost a Fulton County, Ga. lawsuit and both he and his attorney were sanctioned to the tune of $11,000 for frivolous conduct.   The Guru and his lawyer may have made the further fatal mistake of filing a frivolous federal action--more shall be revealed.

Lawsuit Zeus Zapped!

The Associated Press is reporting that the pro se litigator/inmate who has dubbed himself, Lawsuit Zeus was sued by federal officials who seek to have him designated a"vexatious litigator" to stop his endless stream of lawsuits. This is from Brett Barrouquerre's account:

"A federal inmate [ . . . ] has filed more than 3,800 lawsuits, targeting the famous, the not-so-famous and even the long-dead, [and] is now being sued by federal officials who want him to [stop.]

Federal prosecutors [ . . . ] have had enough of the frivolous filings, have filed a lawsuit of their own asking a judge to stop Jonathan Lee Riches (pic, left).  Since 2006, Riches has filed lawsuits in nearly every jurisdiction in the country, court documents show. The inmate who dubbed himself  'Lawsuit Zeus'  in one of his suits has filed as many as four handwritten petitions a day in Kentucky courts.

The 33-year-old inmate at the federal prison in Lexington has sued New England Patriots coach Bill Belichick, former President George W. Bush, former Atlanta Falcons quarterback Michael Vick and even Somali pirates. Sometimes, Riches asks for money; other times, he seeks an injunction to stop alleged, if physically impossible, activity.  Among Riches' targets have been Adolf Hitler's National Socialist Party, the ancient philosopher Plato, the former planet Pluto and Guinness World Records.

In the Guinness case, he wanted to avoid being dubbed the most litigious man in America.  Guinness spokeswoman Sara Wilcox said the book doesn't monitor litigious people. Like many of his other legal claims, the lawsuit was dismissed. 

The U.S. attorney's office in Lexington calls Riches' lawsuits 'a waste of judicial resources.'"
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Frivolous lawsuits may seem amusing, but they in reality the suits gum up the system and are troubling for innocent targets of the litigators. 

I previously related on Bad Lawyer, my experience in representing two innocent neighbors of a mentally disturbed woman who sued my clients for shooting "gamma rays" into her house via hidden electronics resulting in damages that included "peeling house paint."  This experience was incredibly painful for the defendants who had to hire an attorney and go to court.  As I also pointed out, previously, you ignore frivolous lawsuits at your peril . . . courts will grant default judgment with little or no scrutiny of the merits of frivolous claims.

I do think sopme ambulance chaser somewhere is cursing himself this AM for not calling himself "lawsuit zeus" before this guy adopted the moniker.

"You Owe Me $38 Quadrillion Dollars!" Attorney: "Will You Take a Check?"

According to the Utah Daily Hearld, a Las Vegas area man sued a number of local lawyer for the tidy sum of the $38 Quadrillion dollars.  Here's their story, in excerpt:
John Theodore Anderson, claims attorneys[:] Douglas Shumway, Benjamin Schramm and Michael Van fraudulently served him with a lawsuit, according to court records.

The dispute stems from a complaint Anderson originally filed against clients of the law firm of Shumway, Van and Hansen for $918 billion. Shumway said his client, Private Capital Group et al, came into possession of mining property in Southern Utah recently after the original owner of the mine defaulted on a loan. The capital group then tried to sell the property, and Anderson put a $918 billion lien on it. In response, Shumway filed a lawsuit for $10,000 in damages to remove the lien, because he said the property cannot be sold with a cloud on the title. 'It'll cost us a fortune if this isn't cleared up,' [Attoreny Shumway pointed out.]

In court filings, Anderson said he had a contract with the original owner of the mining property for consulting work. He said he was paid $500 when he signed the contract, but did not get the $4,000 monthly payments that were promised him over 16 months of work. Anderson claims he performed extensive research over the 16 months and paid for travel expenses out of pocket. Shumway, however, said the owners claimed they stopped communication with Anderson because he never really provided any services.

Anderson['s claim arises out of this consulting contract to] the property [which he claims] has been valued $36 billion (!) and asked for 12.5 percent of that value, $4.5 billion. He also asked for additional compensatory damages of four times that amount and punitive damages of 200 times the amount, which added up to $918 billion. In his initial complaint, Anderson said silence on the matter by the defendants would constitute a binding contract.

According to a lawsuit [to clear title] filed by Shumway in July, Anderson put a lien on the property for $918 billion when he was not paid what he asked for. Shumway said he wrote a letter to Anderson after the original complaint, but Anderson refused to accept it because it was not certified mail.

[Attorney] Shumway said he filed his lawsuit in July, but Anderson refused service until mid-August. Once Anderson accepted service in the suit, he filed a second complaint for $38 quadrillion, having multiplied the $918 billion complaint by 204 two times.

Shumway said Anderson wanted to buy the property at one point for $2.5 million. He said Anderson was told to make an offer and put down earnest money, but he never did.

The property is currently being assessed to determine its worth, Shumway said. There is some ore on the property, and if the ore is worth money, it could be valued at $100 million, he said. If it is not valuable, it is just gravel and worth significantly less, he said.  When the assessment is finished, Shumway said his clients could lose a lot of money if they cannot sell the property because of the lien. There have already been offers that stalled somewhat because of the clouded title, he said.  Shumway said the documents Anderson has filed in the case are not normal in civil cases, but part of a packet of documents that people have used. He said he does not believe the documents are legal because they do not follow due process.

'Everything in that document is against our Constitution,' he said.

The documents claim that a consensual contract is created when the defendant does not respond the correct way. In Anderson's complaint, he increased damages three different times -- with the initial complaint, after 90 days for 'non-payment'  and because of  'trespass and conversion'  when Shumway petitioned to remove the lien.

'No one would ever allow that,' he said.

Utah is a good-faith state, Shumway said, where a debtor can terminate an improper lien and a creditor can sue if the lien was valid. As a result of Shumway's suit to remove the lien, Anderson has now filed a document telling the court to take judicial notice that Shumway committed communications fraud.

'If this court does not take care of this rogue Utah attorney, Douglas J. Shumway, who is running rampant, pleading ignorance of the UCC laws, terminating legal UCC filings without consent, shake down and extortion for $100,000, this case will be brought to the federal level immediately,'  Anderson wrote in the filing.

Anderson also said that in 150 days the defendants have never answered the complaint and 'THEY ARE IN DEFAULT AND THEY KNOW IT.'

[Attorney] Shumway said he has filed for expedited responses to the complaints from judges in Utah and Iron counties, where they are filed. He said fighting the case in court could cost his clients more than $100,000.  'They're losing money on this, because every single thing costs money,' he said.

Civil litigation can get redundant, Shumway said, so he said he enjoys getting cases that are off the wall procedurally. He said it provides the firm with experiences that most attorneys never deal with. 'This case, no matter how strange or funny, makes us better at our jobs because you can't just go A to Z,' he said. 'Mr. Anderson is throwing numbers and smiley faces into my alphabet, and I appreciate that, even though in the end I think he will be sorely disappointed with the result.' 

When contacted, Anderson said this is a case that is not up for litigation. He said his views on the situation are clear in his filings. 'I'm not going to try this thing in the paper,'  he said [Perfect!].

If [Attorney] Shumway loses the lawsuit and Anderson is awarded $38 quadrillion, or perhaps 204 times that amount, Shumway said he is not sure how he will pay it. At any given time, about $24 trillion is in use around the world."
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Boy, do I ever empathize with Mr. Shumway!   Notice, the plaintiff claims "default" where have we seen that idea before, longtime readers of Bad Lawyer?

Orly Taitz Update

The ABAJournal.com brings us up to date on out favorite Birther-attorney and California dentist, Orly Taittz.  When Bad Lawyer last looked at the antics of Dr. Taitz, she was battling sanctions for frivolous conduct arising our of preposterous lawsuits filed, among other places, in Georgia where sanctions of $20,000 were imposed upon her.  At that time, the 11th Circuit Court of Appeals rejected her appeal and now she has filed the second of two "stay" requests with the US Supreme Court.  The first request was filed with Justice Clarence Thomas who summarily rejected the "stay," and the second is with Justice Samuel Alito where it remains pending.  What's amazing, according to two legal observers quoted in the ABAJournal post is that the "stay" procedure is a seriously incorrect process:

"Her effort is problematic on at least two fronts, legal observers say:

First, she should have filed a writ of certiorari with the high court, seeking to appeal the fine. 'Stays are for people condemned to death [who] are on the gurney,' says attorney Bill Mason of Columbus.

Second, another Columbus attorney, Frank Martin, questions Taitz's claim that it is appropriate to go to justice after justice with the same stay request, if it is denied. Taitz is, he says, trying the patience of the Supreme Court with this tactic."
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C-r-a-z-y..

Senator: I Am Strongly in Favor of Frivolous Lawsuits!

The Huffington Post is reporting that famous prostitute, er prostitute patron, Sen. David "Poopy Diaper" Vitter is a big supporter of frivolous lawsuits, here's ther video evidence:

 

As noted on Bad Lawyer, these lawsuits are routinely dismissed as frivolous and in the case of Orly Taitz, subject ot substantial sanctions.  Sen. Vitter is engaged in nothing more than Louisiana demagoguery. 

Frivolous Lawsuit Follies--Celebrity Lawsuit Tossed!

In March on Bad Lawyer, I told you about former bikini model Irina Krupnik who filed a lawsuit in Manhattan against the filmmakers of the movie Couple's Retreat in which she contended that a photo of herself, was used in the movie as a "masturbatory prop" by one of the characters played by the actor Jon Favreau 

The New York Daily News is reporting that Ms. Krupnik's lawsuit was tossed. 

The ridiculous lawsuit was dismissed on the obvious basis that Ms. Krupnik signed a "release" that specifically provided for her photos being commercially sold and re-sold.  Lawsuits like this always seem to me to be about obtaining publicity, and in this regard it appears to have succeeded.

My Father In Law Is An Asshole, er Attorney!

On.point.com has this wonderful story of the pissed off ex-father-in-law who hs filed suit agasint his former son-in-law for cheating on his daughter.

The father-in-law, Chicago-area attorney Carey M. Stein sued Stephen Levy on the theory that Stein paid $75,000 towards the wedding's costs in reliance on the representation by Levy that Levy would not cheat on Stein's daughter during their wedding.  Unfortunately the marriage lasted 17 months after Levy had "unprotected sex" with someone not his wife, according to the great account at On.point.com.

So what's Levy's defense?  Well, how about-->my father-in-law is a controlling asshole. That and 'Ol dad, like to file frivolous lawsuits, since this doesn't sound like a valid contract, or an enforceable contract since it wasn't quite reduced to a writing.  On.point does a nice job of teasing out the legal issues, particularly the applicability of the "statute of frauds."   

Essentially, the statute of frauds holds that a contract to cover a period in excess of one year for completion, e.g. like a long faithful and fruitful marriage--must be in writing.  And they are, but in-laws are not parties to these contracts, and beneficiaries only in the most indirect way,  The better analogy is covered at on.point.com where employment contracts are contrasted with Stein v. Levy. 

In most states absent an employment contract you are an "at will" employee which means either you or your employer may sever the realtionship at any time, for any reason, or no reason, unless protected by law, for instance civil rights or gender discrimination.  Frequently an argument is made that a oral contract was entered into for employment in perpetuity.  This is a rotten situation for people who get screwed because as you can imagine prospective employees make all sorts of decisions about their lives based on a job offers. and these ridiculous sorts of offers do get made.

Look at how untenable the situation is where someone takes the offer of a lifetime job.  The new employee quits the job they have, they make a geographic move away from family and friends, then the job sours quickly.  The employee suffers real damages when in reliance decisions and major life alteriding changes were made based on the job. 

But, from the employer's perspective how do you operate a business with an awful labor fit--the law has always held that in these situations, respective rights need to be in writing if the contract period is anticipated to last longer than a year.  Absent a written contract,  rights you think you have are unenforceable.   In the real world this rule is a necessary economic protocol allowing the free flow of commerce and avoiding indentured servitude. 

Now back to the Stein v. Levy litigation, I'm guessing that ex-dad-in-law is the sort of character to have created one or two professional enemies along the way.  Maybe the ex-son-in-law, Mr. Levy, will pick up some free legal advice and help in dealing with this frivilous lawsuit,.  He may even pick up a little pocket change from the Stein's on the way out of the reception hall.  All involved sound like dicks.

Mazel-tov!

Frivolous Lawsuit Follies--Stupid "Celebrities"

The New York Post is reporting on former bikini model Irina Krupnik's (pic) newly-filed frivolous lawsuit against producers of the movie Couples Retreat which featured the actor Jon Favreau "masturbating" to a brochure that used a ten year old picture of her.   

Ms. Krupnik apparently did not find posing nearly nude over the years in her now finished bikini modeling career troubling, but a movie comedy lampooning a male character's pathetic behavior was too much for her sensibilities.   Ms. Krupnik sold her rights to the image used in the film.  The professional photographer who took the picture and purchased the rights licensed the photo to the film makers.
According to the New York Post the "suit charges the company with invading Krupnik's privacy and defamation and seeks $10 million in damages for her "great humiliation, embarrassment, emotional distress, shame, mortification and injury to her reputation and career.'"


Ridiculous and frivolous lawsuit.  Ms. Krupnik's lawsuit is almost as absurd as a certain over-the-hill 23 year old actresses lawsuit agains E-trade for naming a baby "milkaholic" Lindsay in their Oscars television spot. 

Let's see who wants to hire litigious divas?

Frivolous Lawsuit Follies--Man's iPhone Keeping Neighbor Awake-Lawsuit!

The Register, a UK-based technology blog reports on the Santa Fe, NM man who sued his neighbor demanding a half-mil for, well let's let the Register relate the tale of tech gone wrong, well allegedly:  "Arthur Firstenberg is suing his neighbour for $530,000 for refusing to switch off her iPhone, claiming that the electromagnetic fields generated are destroying his health.  Not only does Mr. Firstenberg want the iPhone switched off, but he also reckons that leaving the iPhone and a laptop charging overnight is denying him the sleep he so badly needs, according to the filing spotted by the Santa Fe Reporter. This is apparently why his half-million claim includes $100,000 for pain and suffering."

Now the amazing fact about this story, is, that this isn't just a wacko filing a pro se lawsuit.  An actual living-breathing attorney filed this frivolous lawsuit!  If you read the Bad Lawyer Blawg you know what that means, Rule 11 sanctions!  According to the SFReeper.com, attorney Lindsay Lovejoy who maintains this Linkedin page, is Firstenberg's attorney.  One assumes Mr. Lovejoy got paid up front.

Once, and For All Keanu Reeves, Is Not Your Babies' Daddy!

A Toronto, Canada Judge has ruled that an Ontario woman's laswsuit claiming that Keanu Reeves disguised himself as her husband and fathered her four adult children--is simply not capable of belief.  The DNA evidence probably contributed to the Judge's decision to dismiss Karen Sala's paternity suit, uh, since the evidence demonstrates that Reeves was not the father.

The story at the Canadian Press is bittersweet, although certainly not for Keanu Reeves.  The Judge sounds like a real sweetheart.

Killer Lawyer Pleads Guilty

Daniel Patrick Willsey, 49 is a killer.  A Montrose, California attorney, he was high as a kite on meth careening around in his BMW.  Willsey drove headlong into an SUV driven by Kern County Sheriff's Deputy Joe Hudnall, 43, who was killed when the Sheriff's vehicle plummeted down a Kern Rive canyon ravine. Grace Brown, 18, was being transported and was injured. 

This piece of work (pic, left) with a law license had the 'nads to sue the County for $5 million dollars for his injury.  He didn't collect. 

When the toxicology reports came back, Willsey was charged with vehicular homicide.  According to Bakersfield.com the games stopped, when Kern County Superior Court Judge Gary T. Friedman indicated what evidence the jury will hear at trial.  Mr. Willsey promptly entered a plea to gross vehicular manslaughter while driving under the influence of drugs. The judge immediately directed Willsey into custody--this clown has been out on bond for three years filing frivolous lawsuits while Deputy Joe Hudnall's been taking the dirt nap, and his widow was grieving.

Collections

The New York Times had a great "About New York" column Sunday.  Jim Dwyer reports on Mark Hoyte who received a collection call concerning an unpaid credit card.  Hoyte tells the caller, he never had the credit card and upon further questioning it becomes clear that the caller from the law firm of Pressler and Pressler have the wrong Mark Hoyt, in fact Hoyte supplies details to the collector for this law firm that he is not in fact the same individual who is the debtor on the account.


Pressler and Pressler sue Hoyt anyway.


Last week Mr. Hoyt takes time off work, losing by the way a days wages and goes to court.  Once again he demonstrates that he is not the Mark Hoyte obligated under for the credit card.  The attorney, a Mr. Andy Wang from Pressler and Pressler hem and haws in front of the Judge who is now really pissed that this poor man has been sued for no reason.  Attorney Wang gets defensive and begins lighting into the victim of the frivolous lawsuit blaming the innocent Mr. Hoyte for getting wrongly sued in the first place because he didn't send written proof of his identity to Pressler and Pressler.  Mr. Hoyte explained to this bottom feeding leech that when he spoke to Pressler and Presslet they did not ask for "written documentation."  

Judge Dear has ordered Mr. Wang to arrange for the compensation of Mr. Hoyte for his lost wages or return to court in January for a sanctions hearing.


A fleeting moment of justice to cheer you up.


For more:http://www.nytimes.com/2009/11/29/nyregion/29about.html?_r=1&scp=2&sq=dwyer&st=cse

Miley Cyrus Slant-Eyes Lawsuit

The LA Times reports that the lawsuit brought against Miley Cyrus by Lucie J. Kim that sought $4,000 per person for each Asian LA teenager offended by this photo, was tossed by the Superior Court.  The lawsuit argued that the 16 year old entertainer had violated a California statute prohibiting race discrimination by corporations and companies.  The violation?  Letting this picture of her and her friends "mocking" Asian eyes be taken, and letting it get published on celebrity websites.  Really.

The only question is why didn't the Judge presiding over this bullshit lawsuit award sanctions against Ms. Kim's attorney, Henry Lee?

http://latimesblogs.latimes.com/lanow/2009/11/judge-dismisses-lawsuit-claiming-miley-cyrus-pic-discriminated-against-asians.html

Orly's Other BS Lawsuit Tossed!

http://www.huffingtonpost.com/2009/10/29/orly-taitz-lawsuit-thrown_n_338870.html