Tuesday, December 7, 2010
KingCast, ACLU Stand Strong on Education, Racism, Youth and Stare Decisis in KingCast v. Friends of Kelly Ayotte et al., NH Dist. 2010-CV-501.
More on the Stare Decisis thing sometime Wednesday. Those who follow already know. Remember how Strom Thurmond pronounced it, what a hoot. Okay, it is now Wednesday, I was busy documenting probable Mortgage Fraud yesterday but I'm back on the case today! From Plaintiff's Revised Motion for Rule 11 Sanctions in KingCast v. Friends of Kelly Ayotte et al., NH Dist 2010-CV-501 (to be linked here later this evening) read this in the context of this journal entry:
But yet there is more, Judge Barbadoro routinely cites to cases from other Jurisdictions in determining the merits of New Hampshire District cases, he did so in Guardian Angel pt. III:
2. Count Two: Negligence
As to Guardian Angel's negligence claim, the laws governing claims of negligent hiring, retention, and supervision also vary. For example, under Ohio law [t]he elements of a claim for negligent hiring, supervision, and retention are (1) the existence of an [*17] employment relationship, (2) the employee's incompetence, (3) the employer's knowledge of the employee's incompetence, (4) the employee's act or omission causing the plaintiff's injuries, and (5) a causal link between the employer's negligence in hiring, supervising, and retaining and the plaintiff's injuries. Lehrner v. Safeco Ins./Am. States Ins. Co., 171 Ohio App. 3d 570, 2007 Ohio 795, 872 N.E.2d 295, 305 (Ohio Ct. App. 2007)(citation omitted).
Under Texas law, an employer "is liable for negligent hiring, retention, or supervision if it hires an incompetent or unfit employee whom it knows, or by exercise of reasonable care should have known, was incompetent or unfit, thereby creating an unreasonable risk of harm to others." Dangerfield v. Ormsby, 264 S.W.3d 904, 912 (Tex. Ct. App. 2008). Fn1: May the Record reflect that Ohio is in the Sixth Appellate Circuit and Texas is in the Fifth. New Hampshire, lest Defendants forget, is in the First.
And when His Honor looks to the applicable case law on point from other Jurisdictions his search can only lead him to the Fourth Circuit NAACP and 42 U.S.C. §1981 cases of:
1. NAACP v. Thompson, 648 F.Supp. 195 D.Md.,1986
2. Williams v. Le Crewe De Spaniards, 2009 U.S. Dist. LEXIS 4852
The fact that McLane, Graf was Defense Counsel in Guardian Angel means that they know full well that Judge Paul Barbadoro -- the very Judge hearing this case -- can and does view law from other Jurisdictions, making their behavior all the more sanctionable, particularly when viewed in tandem with their failure to disclose the relationship between Defense Counsel Jack Middleton, Jennifer Parent, Magistrate McCafferty and Kelly Ayotte. Fn2: Plaintiff hereby requests a full disclosure of the relationship and contacts between said firm and Magistrate McCafferty, including but not limited to, the above-name counsel.
KingCast.net -- Reel Law for Real People.
PS: Opposing Counsel Brian Cullen and I are both avid Rolling Stones fans, so today I had to tell him in response to his request for me not to file the Motions, "Sorry Brian, we're going All Down the Line." They can Hear me Knocking, heck, I'll roll the Tumbling Dice, 'cos I'm gonna Rip This Joint until it's good and Shattered (hot NYC video on this one, watch it).