Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: RJCogburn
There once was a 'Don Adams defense fund" or something like that to which I was a modest contributor. Is it still around?

Not currently. It had been established to defend Don when he was prosecuted, and as such it was a success, but when he was acquitted the fund was closed. I do think that something should be done along these lines, but at best it would only generate a small fraction of what's required.

Didn't erstwhile FReeper 'Clarity' help out in this case as an attorney? Even though he parted ways with FR perhaps he could still help in some way.

He did, and he was a tremendous help. If he's reading, or if someone knows how to contact him, I'd appreciate hearing from him. I'd like to talk to him about the case.

48 posted on 09/26/2003 4:59:17 AM PDT by Physicist
[ Post Reply | Private Reply | To 47 | View Replies ]


To: Physicist; All
While there isn't enough info posted here (i.e., the full summary judgment decision) and in the links to get a full picture of the present disposition, the following is likely:

1) Filing a motion to collect one's legal fees does NOT mean that the party filing wins or is likely to win. Anyone can file a motion. It's a form of intimidation, a shot fired across the bow, so to speak. The statements in many posts here reflect a misunderstanding and show that such intimidation works, i.e., it intimidates. Don't be fooled. This motion will NOT succeed.

2) The reason it won't succeed is that the dismissal of the conspiracy case only infers that the plaintiff failed to show enough facts about Rendall's state-of-mind in his communications with the Teamsters, i.e., that Rendall was not alleged with supporting facts to know beforehand that the teamsters would resort to violence. The Teamsters, on the other hand, are and remain a liable party directly. As such, they do not come to the court with clean hands, there has been no final disposition as to their civil liability to the Adams's, and there are already criminal findings against their members individually. That would seem to easily overcome a threshold of "legal seriousness" and "legal sufficiency" sufficent to prove that the Adams' allegations are non-trivial and non-frivolous, which is enough to beat the Teamster's claim under discussion here.

3) Do the Adam's live in Pennsylvania? If yes, then no diversity jurisdiction exists to keep the claim in Federal court, once the civil rights based claims were dismissed. So they will have to pursue the assault and battery claims in state court. But dismissal from Federal court does NOT mean that the federal court has ABSOLVED the teamsters of wrongdoing. It simply means that the limited federal jurisdiction for those matters is ended, and the matter belongs in state court.

49 posted on 09/26/2003 5:47:05 AM PDT by WL-law
[ Post Reply | Private Reply | To 48 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson