CHICAGO-(AEAE)-ILLINOIS CIRCUIT COURT JUDGE PETER FLYNN has been assigned to hear the motion for substitution of Judge Mary Ann Mason. The charge was made that she is a bias and prejudice judge and that it was impossible to get a fair hearing before her. that motion was sent out to be heard by Judge Flynn. Judge Flyn has set a briefing schedule and a hearing date in July.
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CHICAGO-(AEAE)-ILLINOIS ATTORNEYS WHO ARE SUED MORE THAN THREE TIMES IN FIVE YEARS BECOME UNINSURABLE. The partners in large law firms are being asked to assume liability in the event these uninsurable attorneys are sued. The law firm of Bryan Cave LLP Senior partner Steven Russell Smith and his “bag” man associate attorney Michael Werich have been named in “three” racketeering law suits. When ever attorneys have been sued “three” times in five years, let alone three times in “three” months they become a liability to their law firm and they endanger the entire firms ability to get coverage. If anyone has information on Bryan Cave LLP, attorneys Steven Russell Smith and his “bag man” Michael Werich and would like to share it please email Ldms4@hotmail.com SIDEBAR-There are those who believe that there are no consequences for attorneys who become name as defendants in lawsuits. Aside from being barred from Appointments, they lose their ability to get insurance and in danger the entire firm's ability to be insurable. NEW YORK-(AEAE)-The New York County Lawyers' Association has issued an ethics opinion approving the practice of lawyers ghostwriting court papers for pro se litigants as permitted under the state's 2009 Rules of Professional Conduct. Disclosure of a lawyer's involvement, the opinion stated, might result in lawyers having to expand their commitment beyond the bounds of a "limited scope" retainer, undercutting the goal of increasing access to justice for those unable to pay for the full services of a lawyer. Click here for the complete story NYCLA Approves Ghostwriting Papers for Pro Se Litigants CHICAGO-(ASPPAS)-THE AMERICAN SOCIETY FOR THE PREVENTION PARENTAL ALIENATION SYNDROM recommends ane book by Cherewick a medical physicist and attorney who went through his own divorce and 20 year custody battle. The book has good advice for dads, being one himself. From the back cover: “..Cherewick reveals the immorality of a system that focused on destroying him, with total disregard for the best interests of his children.” He discusses such topics as what works and doesn’t in the family law system, how to select the best attorney, how to prepare for the courtroom, and how to defeat the Battered Woman Syndrome hoax. The author really seems to understand the reality of what men go through in a custody case: “If you have no open wounds, still have all of your appendages, and jail is not your current abode, then consider this a positive outcome so far.” Lord, how depressing. However, this man does not give up–his case spans 20 years. Nothing strikes deeper into the human heart than a father's loss of one’s children . The intense pain is almost unbearable psychological and physical kidnapping of children in custody disputes by a “sick” disturbed mother, is often referred to as Parental Alienation, while it is also described by various other names when used in different settings. There are many who regrettably are still in denial that this phenomenon actually occurs, however for those parents and children who have found themselves a victim, the loss is extremely painful and very real. Broken Family Law CHICAGO-(AEAE)-THE LAW FIRM OF BRYAN CAVE LLP, AND SENIOR PARTNER STEVEN R. SMITH ALONG WITH HIS “BAG MAN” MICHAEL WERICH HAVE NOW BEEN SUED “THREE” TIMES IN CIVIL RACKETERRING LAWSUITS IN CHICAGO. Charging them with conspiracy, civil racketeering, aiding and abiding a client in the commission of a tort. Bryan Cave LLC is now facing “three” separate civil racketeering lawsuits. Legal insurance companies have an exclusion for representing attorneys who are charged with racketeering.”A lawyer who is not honest is a threat to the social order," U.S. District Judge Lawrence F. Stengel In addition, there is a high probability that either Bryan Cave LLC insurance carries will drop them and/or exclude Attorneys Steven R. Smith and Michael Werich from insurance coverage. If there is anyone who has information on Bryan Cave, Steven R. Smith and Michael Werich that they would like to share please email it to ldms4@hotmail.com No one from Bryan Cave would return phone calls regarding this story CHICAGO-(AEAE)-A THIRD REQUEST HAS BEEN FILED FOR SUBSTITUTION OF ILLINOIS CIRCUIT COURT JUDGE MARY ANN MASON ON THE GROUNDS THAT SHE IS BIAS AND PREJUDICE AND THE PARTY CANNOT GET A FAIR HEARING BEFORE HER. Judge Mary Ann Mason refuses to recuse herself. The anatomy of a Request to Disqualify a judge is based on several factors. One, bias and prejudice evidence by a judge that will not entertain motions that are filed by a party before her. Two, refusal to follows the rules of the court. Refusal to grant motions that are routinely granted such as a Motion to Amend a Complaint in order to cure any defects that have been raised by a Motion to dismiss. A judges demeanor when the party is before the judge. How the judge treats and refuses to show respect to a party that stand before her. Favoring the other side by protecting opposing counsel. See attached transcripts of proceedings before Judge Mary Ann Mason where it is alleged she has evidenced a clear bias and prejudice and needs to be disqualified according to the motion. Transcript one http://www.filefront.com/16388689/Transcript041410.pdf Transcript two. http://www.filefront.com/16388727/Transcript%20042210%20-.pdf You be the judge that will hear the Motion to disqualify? What is your opinion after reading the above transcripts. Email us by Wednesday 12:00PM We will publish the survey ldms4@hotmail.com CHICAGO-(AEAE)-Blogs like this one and personal web pages, such as on MySpace and Facebook, provide parties with broad stage for parties to allege potentially defamatory statements were made by the authors. How to defeat such false claims of defamation? A New York Court noted that "statements of opinion are not actionable." Truth is an absolute defense to a defamation claim. Defamation law does not prevent someone from publishing true information about you, no matter how damaging. Opinions are not considered defamatory DISCLAIMER: All of the statements on this News and Information blog are the opinions of the author CHICAGO-(AEAE)-2nd District Court of Appeal in California reinstated Franklin Mint's malicious prosecution lawsuit against Manatt, Phelps & Phillips, the firm that sued Franklin for hawking plates and other collectibles bearing the likeness of the so-called People's Princess. Justice Thomas Willhite said that Manatt had no probable cause to bring trademark dilution or false advertising claims against Franklin on behalf of the firm's clients, the late princess's estate and The Diana, Princess of Wales Memorial Fund. Making the law firm of Manatt, Phelps & Phillips free game in the malicious prosecution action and giving pleasure to those who enjoy suing attorneys. "No reasonable attorney," Willhite wrote in a 50-page opinion, would conclude that Princess Diana used her name in such a way that it could be protected by trademark. Justice Steven Suzukawa concurred. The ruling in Franklin Mint Co. v. Manatt, Phelps & Phillips, BC285388, reversed now-retired Los Angeles Superior Court Judge Warren Ettinger, who granted Manatt's motion for nonsuit after a 17-day jury trial. Franklin Mint sued Manatt and firm partner Mark Lee, claiming that their unsuccessful 1998 lawsuit was a malicious attempt to hurt sales of Diana memorabilia. Franklin Mint settled its claims against Diana's estate and charity trust fund. Leo Stoller is the nations leading trademark and Appellate Expert. ILLINOIS CIRCUIT COURT JUDGE FLYNN SET TO HEAR MOTION FOR SUBSTITUTION OF JUDGE MARY ANN MASON5/6/2010 CHICAGO-(AEAE)-STOLLER HAS NOW FILED A THIRD REQUEST FOR SUBSTITUTION OF JUDGE MARY ANN MASON. The allegation is that she is a bias and prejudice judge and that the Plaintiff cannot get a fair trial before Judge Mason. The first two requests to disqualify Judge Mason have been denied. Stoller's third request has been assigned to Illinois Judge Flynn who has set a July hearing. The provision for substitution of judges is a safeguard used to protect the guarantee of a fair and impartial trial and should be liberally construed to that end. People v. Posey, . Both the United States and the Illinois Constitutions guarantee litigants procedural due process. U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2. Procedural due process requires a fair trial in a fair tribunal, with an absence of any actual bias. In re Murchison, . Neither judge nor jury may be predisposed as to the outcome of a case. Witherspoon v. Illinois, . The courts of Illinois have held that a fair trial is a fundamental right in all cases, and if this right is violated, it is a denial of due process. People v. Finn, Leo Stoller is a constitutional scholar and trademark expert ldms4@hotmail.com SENATOR ARLEN SPECTER HEARS TESTIMONY ON PROPOSED LAW TO IMPOSE PRISON TIME ON BANK EMPLOYEES5/5/2010 WASHINGTON D.C. (AEAE)-A Senate Judiciary subcommittee today is considering whether the laws governing financial service companies, banks and their employees who breach their fiduciary duty to their customers should face criminal charges and prison time.The subcommittee on crime and drugs, chaired by Sen. Arlen Specter, D-Pa., is hearing testimony from academics, advocates and the legal community. One major point of dispute: a proposed requirement for some financial services employees to meet a fiduciary duty to their customers, or else face criminal charges and potential prison time. This way employees from Countrywide Financial, Bank of America, Bank of New York and lawyers from their law firms like Bryan Cave LLP could go to jail if found guilty of a breech of a fiduciary duty to their customers and/or aiding and abiding financial service employees commit torts. "I have long believed that it is insufficient to have fines for fraud," Specter said in an opening statement, adding that fines from the Securities and Exchange Commission are "calculated as part of doing business." Click on the attached link to read more on this story http://www.law.com/jsp/article.jsp?id=1202457622776&src=EMC-Email&et=editorial&bu=Law.com&pt=Law.com%20Newswire%20Update&cn=LAWCOM_NewswireUpdate_20100504&kw=Senators%20Consider%20Whether%20Financial%20Fraud%20Should%20Mean%20More%20Prison%20Time |
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