Summary of the DON ADAMS Decision, U.S. 3rd Circuit Court

U.S. 3rd Circuit Court | August 6, 2003 | Judge William H. Yohn, Jr.

[Physicist]

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

 

Don and Theresa Adams Plaintiffs. v. Teamsters Local 115, et al., Defendants

CIVIL ACTION NO. 99-4910

 

Order

     And now, this 6^th day of August, 2003, upon consideration of the motions for summary judgment of defendants Edward G. Rendell (Doc. #206, 241), Teamsters Local 155 [sic] (Docs. #208, 243), and the International Brotherhood of Teamsters (Docs. #207, 259), the attached appendices thereto (#206), and the plaintiffs' opposition thereto (Doc. #230, 234, 239, 253), it is hereby ORDERED that the defendants' motions are GRANTED and judgment is ENTERED in favor of all defendants and against plaintiffs Don and Theresa Adams with respect to Count 1 of the Second Amended Complaint only. It is further ORDERED that t+he [sic] remainder of plaintiffs' claims (Counts II through VII) are DISMISSED without prejudice to plaintiffs' rights to file these claims in state court.

(Signed)

William H. Yohn, Jr., Judge

 

 

-21-

[Physicist]

This is the summary of the 21-page decision handed down by Judge William Yohn recently. I present it here for archival purposes.

There is a news article discussing this case, which I have posted to FreeRepublic. I expect that most of the discussion will take place there.

[dr_who_2]

Sounds like the plaintiffs were too white.

[Physicist]

No, just too conservative and too vocal. If anything, I imagine a black conservative in this situation would have fared worse.

[Auntie Mame]

This is very disappointing. Are they going to file in state court as the judge says they can for the other two counts? What do those counts consist of?

In any event, this is a good lesson for all of us. The court system is a little like going to Las Vegas, except the odds are worse.

In my personal opinion, at all odds, stay out of the courthouse. No matter how right you are, no matter how much it costs you, you are going to get screwed.

Was this a Klayman case?

I am so so sorry to hear this.

[Physicist]

Are they going to file in state court as the judge says they can for the other two counts?

Actually, there are six other counts. They intend to appeal this ruling, and failing that, to pursue it in state court.

What do those counts consist of?

I am embarrassed to say that I don't have that information handy. The upshot is that the Teamsters were responsible for injuring them, and should pay damages.

Was this a Klayman case?

It was, for all intents and purposes, although he's been off the case since last fall. (This article describes how that came about.) The arguments that the judge decided on this month were presented last summer by Judicial Watch.

[basil]

Thanks for the two posts. I have been wondering about Don and Terry. We haven't heard much about--or from--them in a long time.

[Auntie Mame]

Thanks, Physicist, for keeping us up to date. (Your posts are a work of art, BTW.) I answered some of my questions before you replied, by clicking your links.

I have another question and you probably don't know the answer, but here goes anyway: As to the statute of limitations, did the statute stop running while the case was in the federal court? If so, how long do they have to file the other counts in state court before the statute of limitations runs out? Will the statute stop running while the case is appealed?

I know you probably don't know these technical details but maybe someone reading this will.

Again, thank you for your excellent updates.

This is such a bummer!

[KellyAdmirer]

"Chief, missed it by that much."

[PAR35]

Which is it?

The headline says 3rd Circuit, the caption says District Court. One or the other is wrong.

[Physicist]

(Your posts are a work of art, BTW.)

LOL! Thanks, but I sure fumbled this one. The line that says, "FOR THE EASTERN DISTRICT OF PENNSYLVANIA" is supposed to be centered, and is supposed to be the same font size as the line above. I swear it looked fine in the preview!

As to the statute of limitations, did the statute stop running while the case was in the federal court?

Good questions, but I don't know the answers. Maybe PatrickHenry can help us out.

[Physicist]

You are exactly right. Thank you!

AM, could you change this title to say, "Summary of the DON ADAMS Decision, U.S. District Court"?

[Physicist]

AM, the second part of #11 was meant for you.

[PatrickHenry]

Good questions, but I don't know the answers. Maybe PatrickHenry can help us out. [As to the statute of limitations, did the statute stop running while the case was in the federal court?]

If the case is filed in time, it doesn't matter how long the litigation takes. That's true even if you lose, appeal, and then get a whole new trial. But if you've managed to file in the wrong court (for example, you file it in a federal court when for whatever reason it should have been in state court), and you're eventually tossed out and now have to start over, you may be out of luck if the state statute of limitations has run while you were diddling around in the wrong courthouse. These things happen.

If the federal case included the "pendant" state claims, which is often appropriate, it's probably going to be okay if you're tossed out of federal court because the federal portion of your claim fails, and have to start over again in a state court. (Please, don't take this to the bank; this is just my guess, and I haven't looked into anything about this case.)

[PatrickHenry]

In fact, I think I recall that there's a procedure for transfering the pendant claims to the appropriate state court, where they will continue, but in the appropriate forum. Thus no statute of limitations problem.

[Physicist]

Thanks, PH. That's one field where I'm definitely unqualified to speak.

[backhoe]

WEB RESULTS  (Showing Results 1 - 10 of 4,394)

1. DON ADAMS Press Advisory: Common Pleas Court Judge to Rule in...
FOR IMMEDIATE RELEASE Robert Welsh, Esq. COMMON PLEAS COURT JUDGE TO RULE IN CRIMINAL COMPLAINT AGAINST MORRIS
www.freerepublic.com/forum/a377150e76c6c.htm - August 5, 2002 - 61 KB

2. Derail the DA/Teamster train trying to destroy Don Adams [Free...
Derail the DA/Teamster train trying to destroy Don. Click on pics to see Don Adams Web Page The Don Adams Defense Fund PO Box 306 Cheltenham, PA 19012
www.freerepublic.com/forum/a377ec53b7493.htm - August 7, 2002 - 103 KB

3. DRUDGE COVERING DON ADAMS STORY ON HIS SHOW NOW WITH JOHN FUND [Free...
They're showing the tape! GO DRUDGE GO! To: DON ADAMS ON THE PHONE WITH THE SHOW NOW! GO DON ADAMS GO! To: DON ADAMS JUST THANKED FREE REPUBLIC ON THE AIR! To: Clinton's a liar He got in a Freep plug...wooo hooo!! To: Senator Pardek
www.freerepublic.com/forum/a3787d26d71bf.htm - July 18, 2002 - 288 KB

4. Three More Teamsters Plead Guilty In Don Adams Case [Free Republic]
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management.
www.freerepublic.com/forum/a39be80114441.htm - June 20, 2002 - 379 KB

5. Don Adams Update:Lynne Abraham Defends Herself &Gallingl y Attacks...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management.
www.freerepublic.com/forum/a38bad1b76def.htm - July 29, 2002 - 248 KB

6. !!!UPDATE:THE DON ADAMS CASE: PRIVATE CRIMINAL COMPLAINT AGAINST...
Topic: White Water !!!UPDATE:THE DON ADAMS CASE: PRIVATE CRIMINAL COMPLAINT AGAINST PHILA. TEAMSTER HEAD JOHN MORRIS, IS DENIED BY TH E D.A.!!
www.freerepublic.com/forum/a36b8f9217470.htm - September 25, 2002 - 26 KB

7. Press Release: Defense Fund Announced For Don Adams, Teamster Assault...
Topic: White Water Press Release: Defense Fund Announced For Don Adams, Teamster Assault Victim. "Renowned Attorney Samuel C. Stretton will defend my brother against the false criminal complaint lodged by a female Teamster " said Ms. Adams.
www.freerepublic.com/forum/a36e708f874b4.htm - September 26, 2002 - 29 KB

8. WSJ. Speaks Out For Don Adams ..........Philadelphia Justice [Free...
A case heard in a Philadelphia courtroom this Thursday will say a lot about how the right of political expression is handled in the city that will host the Republican National Convention next year....
www.freerepublic.com/forum/a378320937d09.htm - July 18, 2002 - 57 KB

[NittanyLion]

William H. Yohn, Jr., Judge

The same William Yohn who ordered a new trial for admitted triple murderer Martin Appel? The same William Yohn who tossed Mumia Abu-Jamal's death sentence?

I'm shocked at this verdict. Never saw it coming... < /sarcasm >

[Tribune7]

ping

[Dan from Michigan]

That explains that real clearly.

[Dan from Michigan]

When the court options fail..........