I’m sorry for another lawsuit thread but the first one was getting a little lengthy. Feel free to skip this one. Otherwise…
On December 1, 2006, Magistrate Judge Lisa Lupo Lenihan issued a recommendation in the United States District Court for the Western District of Pennsylvania on charges brought against Tom McClain and me in February of that year by John Brodak. The case was assigned to her by Judge David S. Cercone at the time it was filed. Judge Lenihan's recommendation to Judge Cercone, on public record, is as follows: "For the reasons set forth above, it is recommended that the case be dismissed in its entirety owing to collateral estoppel as to in personam jurisdiction." This means that the court in the Commonwealth of Pennsylvania has ruled that it has no jurisdiction over Tom and me and that the Federal Court, which is bound by the laws in the commonwealth, not only concurs but considers the issue to have already been decided.
The recommendation from Judge Lenihan was comprised of twelve pages. Tom McClain has posted it here. I would like to stress the "Conclusion" at the end of her report, cited on the other thread by Bob Kruger. Judge Lenihan wrote: "In closing, this Court feels compelled to caution Plaintiffs with respect to frivolous or vexatious conduct. It further notes that parties once subject to inappropriate litigation become even more entitled to protection from further prosecution. And it reminds Plaintiffs of the existence and purpose of Rule 11."
For those of you who are unfamiliar with legalese, Rule 11 is that section of the law dealing with proper conduct of attorneys.
At the end of her recommendation, Judge Lenihan allowed ten days for filing objections to the proposed ruling. On December 7, Brodak's attorneys requested a 45-day extension. The court allowed them until December 28. On that date, a 19-page objection was filed. Our attorneys filed brief responses the following week. Yesterday, as you’ve seen here on SSW, those objections were overruled and the Magistrate Judge’s Recommendation was adopted as the Opinion of the Court.
Although the case did not proceed to trial, there were some clues in the Magistrate Judge's report as to how that would have turned out, specifically references to "Plaintiff's creative twelve-count complaint," "the infirmities of the counts asserted" and, of course, the above “Conclusion”. We are pleased with the ruling as it stands.
Once again I find myself at a loss for words to thank all of the people who have been so supportive throughout these ordeals. There were many times when the enormity of what would happen should we lose overwhelmed me, even though my attorney assured me we would not. Invariably one of you would call, just when I was at my lowest. I don't know how you did it but you always seemed to know when I needed you. Many of you expressed your support tangibly, opening your checkbooks as well as your hearts. You are the ultimate example of the word "friends." My attorney, too, was amazed at the help you provided.
Ah, yes...my attorney. Anthony E. Patterson, Attorney-at-Law. There are, according to Qwest Dex, one thousand one hundred twenty listings for "Attorney" in the city of Pittsburgh alone. How is it that a friend happened to give me the name of the very best of them? "Mr. Patterson" is now "Tony"...as much friend as counselor. Tony saw us through the first lawsuit and no one was more dismayed than he when the second one was served. Tony knows the law. He teaches it. And he practices it with expertise and regard for what it means. I am proud to have been represented by such a man.
I have learned much about the the legal system in the past eighteen months. Thanks to Tony, I have come through these proceedings with a profound respect for the law...and an abiding contempt for those who misuse it.
Keith Trostle...are you here? Yes, I thought so. You've always been here when the chips were down. Your calm words have reassured me more times than I can count. The legal defense fund you created and which Barbara oversees has made today possible. Russ and I are not wealthy. The full cost of defending against these two lawsuits would have placed a serious strain on our finances. Thanks to you and the people who contributed, the majority of our legal expenses were covered. How could I possibly tell you what your friendship has meant to us? There will always be a place in my heart for the two of you.
This post wouldn’t be complete without an acknowledgment of the manner in which my co-defendant has handled our experience. With the almost overpowering distraction of these two lawsuits, Tom McClain has assumed the editorship of Stunt News and carried it forth as the premier control line magazine in the United States. Additionally, he has fulfilled the duties of a member of PAMPA’s Executive Council knowledgeably and reasonably. Beyond this, he has never shrunk from his duty to ensure that the law is not perverted for the benefit of one individual. I would never want to go through this again. But if I had to, there is no one I would rather have by my side. It’s been suggested to me that I was an unwilling dupe in some grand master plan. Nothing could be farther from the truth. It was, in fact, a search for truth that brought us to where we are today. As difficult as the last eighteen months have been, I am glad to have been a part of bringing the truth to light. Thank you, Tom.
And Russ. I’m sorry we had to experience this, honey. Thank you for getting me through it. I love you.
I'd like to close with something Doug Moon said. It was in a post to a SSW thread which was included as "evidence" in both lawsuits and it was cited by Judge Lenihan (the only piece of “evidence” noted anywhere in court rulings) in a footnote to the "Conclusion" quoted above. Doug wrote: "It is pretty petty and sad if you really think about it. We all got into flying CL planes because it was fun. We joined PAMPA to be part of a group that loves and supports CLPA."
I couldn't have said it better.
Randi
On December 1, 2006, Magistrate Judge Lisa Lupo Lenihan issued a recommendation in the United States District Court for the Western District of Pennsylvania on charges brought against Tom McClain and me in February of that year by John Brodak. The case was assigned to her by Judge David S. Cercone at the time it was filed. Judge Lenihan's recommendation to Judge Cercone, on public record, is as follows: "For the reasons set forth above, it is recommended that the case be dismissed in its entirety owing to collateral estoppel as to in personam jurisdiction." This means that the court in the Commonwealth of Pennsylvania has ruled that it has no jurisdiction over Tom and me and that the Federal Court, which is bound by the laws in the commonwealth, not only concurs but considers the issue to have already been decided.
The recommendation from Judge Lenihan was comprised of twelve pages. Tom McClain has posted it here. I would like to stress the "Conclusion" at the end of her report, cited on the other thread by Bob Kruger. Judge Lenihan wrote: "In closing, this Court feels compelled to caution Plaintiffs with respect to frivolous or vexatious conduct. It further notes that parties once subject to inappropriate litigation become even more entitled to protection from further prosecution. And it reminds Plaintiffs of the existence and purpose of Rule 11."
For those of you who are unfamiliar with legalese, Rule 11 is that section of the law dealing with proper conduct of attorneys.
At the end of her recommendation, Judge Lenihan allowed ten days for filing objections to the proposed ruling. On December 7, Brodak's attorneys requested a 45-day extension. The court allowed them until December 28. On that date, a 19-page objection was filed. Our attorneys filed brief responses the following week. Yesterday, as you’ve seen here on SSW, those objections were overruled and the Magistrate Judge’s Recommendation was adopted as the Opinion of the Court.
Although the case did not proceed to trial, there were some clues in the Magistrate Judge's report as to how that would have turned out, specifically references to "Plaintiff's creative twelve-count complaint," "the infirmities of the counts asserted" and, of course, the above “Conclusion”. We are pleased with the ruling as it stands.
Once again I find myself at a loss for words to thank all of the people who have been so supportive throughout these ordeals. There were many times when the enormity of what would happen should we lose overwhelmed me, even though my attorney assured me we would not. Invariably one of you would call, just when I was at my lowest. I don't know how you did it but you always seemed to know when I needed you. Many of you expressed your support tangibly, opening your checkbooks as well as your hearts. You are the ultimate example of the word "friends." My attorney, too, was amazed at the help you provided.
Ah, yes...my attorney. Anthony E. Patterson, Attorney-at-Law. There are, according to Qwest Dex, one thousand one hundred twenty listings for "Attorney" in the city of Pittsburgh alone. How is it that a friend happened to give me the name of the very best of them? "Mr. Patterson" is now "Tony"...as much friend as counselor. Tony saw us through the first lawsuit and no one was more dismayed than he when the second one was served. Tony knows the law. He teaches it. And he practices it with expertise and regard for what it means. I am proud to have been represented by such a man.
I have learned much about the the legal system in the past eighteen months. Thanks to Tony, I have come through these proceedings with a profound respect for the law...and an abiding contempt for those who misuse it.
Keith Trostle...are you here? Yes, I thought so. You've always been here when the chips were down. Your calm words have reassured me more times than I can count. The legal defense fund you created and which Barbara oversees has made today possible. Russ and I are not wealthy. The full cost of defending against these two lawsuits would have placed a serious strain on our finances. Thanks to you and the people who contributed, the majority of our legal expenses were covered. How could I possibly tell you what your friendship has meant to us? There will always be a place in my heart for the two of you.
This post wouldn’t be complete without an acknowledgment of the manner in which my co-defendant has handled our experience. With the almost overpowering distraction of these two lawsuits, Tom McClain has assumed the editorship of Stunt News and carried it forth as the premier control line magazine in the United States. Additionally, he has fulfilled the duties of a member of PAMPA’s Executive Council knowledgeably and reasonably. Beyond this, he has never shrunk from his duty to ensure that the law is not perverted for the benefit of one individual. I would never want to go through this again. But if I had to, there is no one I would rather have by my side. It’s been suggested to me that I was an unwilling dupe in some grand master plan. Nothing could be farther from the truth. It was, in fact, a search for truth that brought us to where we are today. As difficult as the last eighteen months have been, I am glad to have been a part of bringing the truth to light. Thank you, Tom.
And Russ. I’m sorry we had to experience this, honey. Thank you for getting me through it. I love you.
I'd like to close with something Doug Moon said. It was in a post to a SSW thread which was included as "evidence" in both lawsuits and it was cited by Judge Lenihan (the only piece of “evidence” noted anywhere in court rulings) in a footnote to the "Conclusion" quoted above. Doug wrote: "It is pretty petty and sad if you really think about it. We all got into flying CL planes because it was fun. We joined PAMPA to be part of a group that loves and supports CLPA."
I couldn't have said it better.
Randi
