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untanglingwebs
El Supremo
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October 6, 2003
Case is in Appeals Court
Judge is commenting "when the Court first issued its opinion its thought was that the law firm that represented the City was intentionally padding its bill and taking actions in Court that were unnecessary and even frivolous so it could charge the City more money."
Neithercutt then discussed reading an article in which Emergency Manager Kurtz "said in essence, we want the lawyers to harass all plaintiffs so that we're not an easy target anymore."
The Court then went on to say that if the City was specifically authorizing their defense counsel to harass plaintiffs, then, instead of the Court sanctioning the law firm, the Court should have sanctioned the City, and -- which is a whole new can of worms that I don't even want to get into."
City Attorney Karen Folks signed an affidavit stating the law department directed counsel to be aggressive but the Court noted her boss (Kurtz?) stated he was in charge of reining in costs. The Court found that contradictory.
No matter what,the taxpayers were paying for lengthy legal fees and Appeals Court costs. |
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Fri Sep 09, 2016 7:46 pm |
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untanglingwebs
El Supremo
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Pabst noted this case was mediated for $160,000 by another Judge and objected to the stance by defendant counsel that the case was frivolous.
Mr Jaobs, attorney for the defense argued that the judge had a right to declare a charge as unreasonable under MCL 2405, however, he declared the Judge did not "have the right to use language that calls the honesty of the firm into question and more importantly, whether or not the city should be reimbursed for it.
Jaobs also claimed Neithercutt lacked the authority to interfere into a contractual relationship between Keller, Thoma and the City of Flint.
Pabst cited his credentials and his experiences with keller, Thoma, calling their tactics to be "draw a line in the sand and be obnoxious, be harassing, and act like they can't get along with Plaintiffs counsel,
Pabst discusses how Judge Gadola, in Federal Court, got annoyed with Keller Thoma and said so in an opinion. Gadola allegedly said in the case in front of him that he case was strung out so long that both needed an ethics refresher course.
Last edited by untanglingwebs on Thu Sep 22, 2016 6:59 am; edited 1 time in total |
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Fri Sep 09, 2016 8:08 pm |
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untanglingwebs
El Supremo
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A case Pabst tried in 1993 mediated for $50 thousand. First day of trial Pabst offers to settle for $25 thousand, but ends up winning in Judge Fullerton's Court.
The case goes to the Court of Appeals because of a miscalculation on the mediation." I should have $fifty-seven thousand dollars and they end up billing the City over Two hundred and twenty five thousand. "
"They (keller Thoma ) are pading the bill."
Last edited by untanglingwebs on Thu Sep 22, 2016 6:45 am; edited 1 time in total |
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Fri Sep 09, 2016 8:16 pm |
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untanglingwebs
El Supremo
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| Karen McDonald Lopez got her share of grief from City counsel, mostly because of her perceived closeness to Mayor Stanley. Oddly, both she and Peter Bade went to work for Hurley after leaving the City. |
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Fri Sep 09, 2016 8:19 pm |
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