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City told to pay lawyer $962,673 in cross case (San Diego)
San Diego UNION-TRIBUNE ^ | May 22, 2007 | Greg Moran

Posted on 05/22/2007 5:44:40 AM PDT by Baladas

A federal judge said yesterday that the city of San Diego must pay more than $900,000 in legal fees to the attorney for Philip Paulson, the atheist who sued over the presence of the Mount Soledad cross on city land. U.S. District Judge Gordon Thompson Jr. ordered that the city pay lawyer James McElroy $962,673.28 for his work on the case over the past four years.

Thompson is the same judge who ruled in 1991 that the cross on city land violated the state constitution's ban on government preference for religions – a ruling that touched off an epic legal battle that continues today.

City Attorney Michael Aguirre immediately said Thompson's ruling would be appealed.

(Excerpt) Read more at signonsandiego.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: atheism; litigation; mtsoledad
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The city's appealing this ruling to pay the atheist attorney that ultimately lost. Tort reform?
1 posted on 05/22/2007 5:44:41 AM PDT by Baladas
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To: Baladas

Say what? This judge needs to be taken to the woodshed.


2 posted on 05/22/2007 5:46:02 AM PDT by TommyDale (More Americans are killed each day in the U.S. by abortion than were killed on 9/11 !)
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To: Baladas

This idiotic policy has been what has funded the ACLU lawsuits for years. Too bad the GOP did NOTHING when they had control and had a chance to fix this stupidity. There is no chance a Dem Congress will do anything on this.


3 posted on 05/22/2007 5:46:55 AM PDT by Always Right
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To: Baladas

I thought that the loser had to, at the very least, pay his own legal fees. Loser Pays, across the board, would be a good move.


4 posted on 05/22/2007 5:51:21 AM PDT by originalbuckeye (I want a hero....I'm holding out for a hero (politically))
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To: Baladas
Thompson, Gordon Jr.
Born 1929 in San Diego, CA

Federal Judicial Service:
Judge, U. S. District Court, Southern District of California
Nominated by Richard M. Nixon on October 7, 1970, to a new seat created by 84 Stat. 294; Confirmed by the Senate on October 13, 1970, and received commission on October 16, 1970. Served as chief judge, 1984-1991. Assumed senior status on December 28, 1994.

Education:
University of Southern California, B.S., 1951

Southwestern University School of Law, LL.B., 1956

Professional Career:
Deputy district attorney, County of San Diego, California, 1957-1960
Private practice, San Diego, California, 1960-1970

Race or Ethnicity: White

Gender: Male

5 posted on 05/22/2007 5:52:05 AM PDT by SmithL (si vis pacem, para bellum)
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To: Baladas

Pay $1M?..........I’d be VERY CROSS!............


6 posted on 05/22/2007 5:58:26 AM PDT by Red Badger (My gerund got caught in my diphthong, and now I have a dangling participle...............)
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To: Baladas

I imagine that since this judges order was stayed already, his order to pay the fees can be to. I guess the prior case is moot since the land was transferred, but I assume it needs to be heard so that the issue can be resolved. Only then should this guy get paid if he prevails. I can’t see a court upholding this when he didn’t win and the issue has not actually been resolved in court.


7 posted on 05/22/2007 5:58:31 AM PDT by NorthFlaRebel
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To: Always Right
*** Too bad the GOP did NOTHING when they had control and had a chance to fix this stupidity. There is no chance a Dem Congress will do anything on this. ***

Actually one GOP Congressman did try last year (or maybe 18 mo's now). Can't recall his name but he introduced a Bill to end ACLU payments in 1st Amendment - civil rights - cases like this one. But it went nowhere.

I seem to recall his fellow GOP congress critters killed it. Sent it off to 'committee', never to be seen or heard of again.

8 posted on 05/22/2007 5:58:46 AM PDT by Condor51 (Rudy makes John Kerry look like a Right Wing 'Gun Nut' Extremist)
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To: Baladas

Initiate the recall petitions for this dangerous judge!


9 posted on 05/22/2007 5:59:33 AM PDT by GFritsch ('All men will hate you because of me, but he who stands firm to the end will be saved'." -)
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To: SmithL

Education:
University of Southern California, B.S., 1951

What’s the B.S. stand for ???


10 posted on 05/22/2007 5:59:44 AM PDT by Obie Wan
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To: Baladas
The city's appealing this ruling to pay the atheist attorney that ultimately lost. Tort reform?

Technically, he did not lose. He won (but has since died) to have the cross removed and it was order to be removed. The Supreme Court put a stay on the ruling. That gave time for the federal government to come in and take control of the land and made the ruling moot. So he never really lost (except for in life).

11 posted on 05/22/2007 6:00:16 AM PDT by Always Right
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To: Condor51
Actually one GOP Congressman did try last year (or maybe 18 mo's now). Can't recall his name but he introduced a Bill to end ACLU payments in 1st Amendment - civil rights - cases like this one. But it went nowhere.

He couldn't get it out of committee. That's a bunch of BS. The GOP had control, they should have gotten it done.

12 posted on 05/22/2007 6:01:56 AM PDT by Always Right
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To: Always Right

and hopefully in after-life. May he be roasting right now.


13 posted on 05/22/2007 6:03:01 AM PDT by NonValueAdded (Fred Thompson in 2008 - there is no doubt about it!)
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To: GFritsch
Initiate the recall petitions for this dangerous judge!

Congress empowered judges to give these awards. This is not all the judge's fault, the GOP congress which did not fix this has to carry some of the 'credit'.

14 posted on 05/22/2007 6:03:54 AM PDT by Always Right
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To: SmithL

What exactly are the criteria for being appointed to a federal judicial seat? Here’s a guy who does three years in a junior role in the attorney general’s office, then goes into private practice for 10 years. What qualified him for this appointment? What did he do in his practice that distinguished him from other potential candidates?


15 posted on 05/22/2007 6:09:55 AM PDT by pieceofthepuzzle
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To: Baladas

The Bum Lost = No Money.

Also stop paying the “JUDGE” with taxpayer money.


16 posted on 05/22/2007 6:10:46 AM PDT by chatham
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To: Always Right
***He couldn't get it out of committee. That's a bunch of BS. The GOP had control, they should have gotten it done.***

You bet it's BS. For some reason the GOP worked with the RATS on this. Maybe they were afraid of backlash from minorities for whom this ACLU paymnet baloney was originaaly aimed to help.

But yes, BS none the less.

17 posted on 05/22/2007 6:15:22 AM PDT by Condor51 (Rudy makes John Kerry look like a Right Wing 'Gun Nut' Extremist)
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To: Baladas

I have heard of loser pays.

Why in this case does the winner have to pay?
Course, it is the taxpayers so that, is ok.


18 posted on 05/22/2007 6:15:27 AM PDT by edcoil (Reality doesn't say much - doesn't need too)
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To: Baladas
Council President Scott Peters, who has been a critic of Aguirre and represents the district where Mount Soledad is located, said he is concerned about the effects on the city budget as legal costs rise.

Peters said he wants a briefing from Aguirre on the city's basis for appealing, and that he might decide it's “better to just put an end to it,” by paying McElroy, rather than again taking the case to a higher court.

Interesting article and tactics. Thanks for posting.

19 posted on 05/22/2007 6:16:51 AM PDT by PGalt
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To: Baladas
Of course the fee award should be appealed. Broader than just this case, it is critical that all parties who defeat the ACLU in any case on any issue, should demand fee awards against the ACLU and its attorneys.

Congressman Billybob

Latest article: "I'm Sorry for the Impotence Ads"

20 posted on 05/22/2007 6:47:10 AM PDT by Congressman Billybob (Please visit www.ArmorforCongress.com)
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