Friday, September 2, 2011

Liar Liar Pants on Fire?



It's pretty rare (or should be) to see one lawyer call another lawyer an outright liar.

It's even more rare to see that kind of thing in a federal pleading.

Yet in the case of the local anonymous blogger under fire for his/her posts about R.K. Associates, the "L" word has reared its ugly head:
Defendant's motion for reconsideration and the attached Declaration of Defendant's counsel, Robert C. Kain, Jr., (the "Kain Declaration"), are infested with falsehoods and mischaracterizations of law and facts in an underhanded effort to create an issue...There is no dispute that Defendant chose not to attend the hearing (or retain counsel to do so) in the State Court on the Motion to Quash that Defendant filed and which resulted in the Order (the "Hearing").  There was no court reporter at the Hearing, and Mr. Kain never contacted Plaintiff's counsel to inquire what actually transpired at the Hearing. Incredibly, however, in the Motion for Reconsideration and the Kain Declaration (in which Mr. Kain, as an officer of the Court, swore to the truth of the matters asserted therein), Defendant and Mr. Kain argue due process concerns regarding specific matters they claim occurred or did not occur during the Hearing.  These statements are blatant lies, and were sworn to by Mr. Kain without any basis or investigation (as such would have revealed the fallacy of the statements).
The brief goes on to call the statements "material fabrications" and "willfully false assertions" -- I should add that Todd Levine's declaration is also pretty incendiary.

I have no doubt these allegations will be quickly answered.

11 comments:

  1. This case is the new yacht case. Why not swing for a court reporter? Not sure if I buy Judge Manno-Schurr spent 15-20 minutes on Order b/c July 12 was a Tuesday, one of her motion calendar days, unless special set hearing.

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  2. Read the Local Rules re CM/ECF. You don't scan your motion on your letterhead-- you convert it from WORD to a .pdf. Also, your signature block is noncompliant. Also, there is a required method for filing affidavits electronically, something you missed also.

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  3. Do the local rules fit on a post it?

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  4. In the blogging biz we call this an "evergreen."

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  5. What happened to Randazzanda? Did the guy think twice about his appearance? Is this the same case?

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  6. fake Lynn DaninheimerSeptember 2, 2011 at 3:12 PM

    the restaurant is still there. fabulous meatballs!!

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  7. How does a John Doe Defendant appear in a case and not become an identified party?
    How is there federal jurisdiction if this is a defamation action and the identity of the only defendant is not known?

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  8. SIMPLY AMAZING!!!!

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  9. I like his boots.

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