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(Opposing Views)   Widow gets sued by the man convicted of killing her husband   (opposingviews.com) divider line 57
    More: Stupid, the man convicted  
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14326 clicks; posted to Main » on 12 Apr 2013 at 2:54 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-12 01:44:24 PM  
TGIFLF*

*Thank God it's Frivolous Lawsuit Friday
 
2013-04-12 01:56:11 PM  
Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?
 
2013-04-12 02:57:56 PM  
"We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

Unacceptable; this would prohibit home invaders from suing when they are shot while robbing a home.
 
2013-04-12 03:01:30 PM  
Maybe she could hire the guy to kill himself.
 
2013-04-12 03:03:27 PM  

netizencain: Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?


If the allegation is true, she committed libel.  Denying him a legitimate lawsuit would be a wrong, and two wrongs don't make a right.
 
2013-04-12 03:04:51 PM  
The lawyer who helped the murderer file the suit should face same jail time too.
 
2013-04-12 03:05:26 PM  

Myria: If the allegation is true, she committed libel


That "if" reaches half way to the moon.
 
2013-04-12 03:06:41 PM  
"We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

I like this idea. It seems like a good solution to a lot of harassment law suits.
 
2013-04-12 03:06:50 PM  
Never make yourself such a nuisance that the easiest and cheapest thing to do with you is to have someone shank you in the shower.
 
2013-04-12 03:06:52 PM  

Dimensio: "We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

Unacceptable; this would prohibit home invaders from suing when they are shot while robbing a home.


12 Gauge at close range doesn't leave much of a home invader left there to sue you.
 
2013-04-12 03:07:07 PM  

Dimensio: "We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

Unacceptable; this would prohibit home invaders from suing when they are shot while robbing a home.


This is actually the case here in AZ. In addition to our castle laws it's pretty sweet.
 
2013-04-12 03:08:05 PM  

Myria: If the allegation is true, she committed libel.


Huh. Really. Writing a letter about to a judge saying you consider a convicted murderer dangerous is libel. Where did you go to law school?
 
2013-04-12 03:08:17 PM  

Dimensio: "We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

Unacceptable; this would prohibit home invaders from suing when they are shot while robbing a home.


From what I am reading, WA has "justifiable homicide" but I am not sure if that also protects from liability against civil lawsuit. If it does, then they already cannot sue... Still investigating.

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.16.050">http://apps. leg.wa.gov/RCW/default.aspx?cite=9A.16.050

Homicide is also justifiable when committed either:

     (1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

     (2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

[2011 c 336 § 354; 1975 1st ex.s. c 260 § http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.16.050">9A.16.050.]
 
2013-04-12 03:08:21 PM  
He claims that Ms. Henry's letter created "highly objectionable publicity that attributed to him characteristics, conduct and/or beliefs that are false."

tonguesandwich.files.wordpress.com
 
2013-04-12 03:10:06 PM  
Only in America.


No, seriously.
 
2013-04-12 03:11:49 PM  

Myria: netizencain: Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?

If the allegation is true, she committed libel.  Denying him a legitimate lawsuit would be a wrong, and two wrongs don't make a right.


But no one ever tells us what two wrongs do make!
 
2013-04-12 03:13:12 PM  

netizencain: Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?


Let us not forget the scumsuckingmaggotlawyers who make the stupid and assholish possible
 
2013-04-12 03:14:46 PM  
Send the farker to Gitmo. His acts are to inspire terror in the victim.
 
2013-04-12 03:15:01 PM  

filter: Only in America.


No, seriously.


Dear America.
We don't want this scumbag back. Do with him as you wish.

Canada.
 
2013-04-12 03:16:06 PM  

Myria: If the allegation is true, she committed libel. Denying him a legitimate lawsuit would be a wrong, and two wrongs don't make a right.


It's not a bad suggestion, though, requiring somebody less.... questionable.... to review any lawsuit you pursue against a party involved in your conviction before it can move forward. It can already happen if you're deemed a vexatious litigant, so there's precedent.
 
2013-04-12 03:18:54 PM  

Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.


Loser pays double, their lawyer pays triple. Cases like this would go away overnight. Legitimate torts, like say injury from extreme negligence, wouldn't be affected. If they're in the wrong, and you're in the right, you don't have anything to worry about. If you're not so sure a jury would find you in the right, you should think long and hard before filing. The only thing stopping this kind of common sense loser pays legislation from happening are the usual freeloading liberals looking to score a big payday fantasy lottery win in court. As long as they get theirs, then f*ck everyone else who gets hurt.
 
2013-04-12 03:19:03 PM  
I'm no lawyer but it seems that her statements about the killer were within the context of administrative, legal proceedings (evidence in his parole hearings).  They would therefore be privledged  and not subject to defamation claims.

/oh wait, I am a lawyer
 
2013-04-12 03:20:40 PM  
So now the murderer has her address.
 
2013-04-12 03:23:00 PM  

Myria: If the allegation is true, she committed libel.


You can't libel someone with a bad reputation, and you can't get a much worse reputation than a conviction for murder.
 
2013-04-12 03:23:37 PM  

WhoopAssWayne: Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.

Loser pays double, their lawyer pays triple. Cases like this would go away overnight. Legitimate torts, like say injury from extreme negligence, wouldn't be affected. If they're in the wrong, and you're in the right, you don't have anything to worry about. If you're not so sure a jury would find you in the right, you should think long and hard before filing. The only thing stopping this kind of common sense loser pays legislation from happening are the usual freeloading liberals looking to score a big payday fantasy lottery win in court. As long as they get theirs, then f*ck everyone else who gets hurt.


Hardly, Francis.
 
2013-04-12 03:25:07 PM  
 
2013-04-12 03:26:12 PM  
Mr. Henry's widow, Paula, was instrumental in the investigation into Shandola and even raised $50,000 to keep it open.

I guess that'll get a lot of donuts to haul down to the station every day. "Here are some treats, boys. What are the chances of you looking at my husband's murder case?"

I dunno lady. We're pretty busy today. You know, ever since that Dunkin opened back up, these Mister Donuts here don' taste so good. KnowwhatImean?
 
2013-04-12 03:29:50 PM  

maus: http://www.king5.com/news/cities/tacoma/Judge-throws-out-convicts-law s uit-against-widow-202734101.html


Yep. Best part of the article:

Shandola will have to pay Paula Henry, and the three others named in the suit, $10,000 in damages and he must pay for everyone's legal fees.

Until restraining orders become standard issue, this, at least, deters other prisoners from attempting to use the legal system as a vehicle for harassment.
 
2013-04-12 03:30:51 PM  

maus: http://www.king5.com/news/cities/tacoma/Judge-throws-out-convicts-law s uit-against-widow-202734101.html


i239.photobucket.com
 
2013-04-12 03:34:23 PM  

filter: Only in America.


No, seriously.


The person filing the litigation is Canadian, dumbfark.
No, seriously.
 
2013-04-12 03:35:46 PM  

hitmanric: filter: Only in America.


No, seriously.

Dear America.
We don't want this scumbag back. Do with him as you wish.

Canada.


That's the question I had. Why the fark would canada take him back and waste their money on a guy who committed his crime in america?
 
2013-04-12 03:35:56 PM  

KrispyKritter: Myria: netizencain: Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?

If the allegation is true, she committed libel.  Denying him a legitimate lawsuit would be a wrong, and two wrongs don't make a right.

But no one ever tells us what two wrongs do make!


Well, three lefts make a right.
 
2013-04-12 03:38:59 PM  

Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.


He could very well have done it all on his own. He could very well have learned the law in jail. Its not like he doesn't have a lot of time on his hands. In the article the woman's lawyer had a quote. I didn't see anything from his lawyer if he has one.
 
2013-04-12 03:39:11 PM  

xevian: So now the murderer has her address.


And that was the real point of the exercise.  He wasn't interested in suing her.  He wanted her to know that he could "reach" her at any time.  He also wantes her to think twice before talking to the parole board again.
 
2013-04-12 03:42:30 PM  
I disagree with her attempts to keep him locked up in a foreign country.  She got sued over it?  Too farking bad.
 
2013-04-12 03:43:16 PM  

Maud Dib: filter: Only in America.


No, seriously.

The person filing the litigation is Canadian, dumbfark.
No, seriously.


The guy is filing his lawsuit from an american prison in the american legal system. He said only in america, not only an american.
 
2013-04-12 03:45:01 PM  
I hope he gets prison raped by the guy with the most AIDS.
 
2013-04-12 03:48:26 PM  

Asphyxium: I disagree with her attempts to keep him locked up in a foreign country.  She got sued over it?  Too farking bad.


One of the articles I read said they cannot find any record of where exactly in Canada he last resided and he wasn't in Canada when he was arrested, so why would we send him back to Canada? He was in the US from prior to 1993 (when the victim's business relationship with him went south and the convict punched him on NYE) and 2001 when he was arrested... so why send him back? Also, why would Canada want him back?
 
2013-04-12 03:49:36 PM  

WhoopAssWayne: Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.

Loser pays double, their lawyer pays triple. Cases like this would go away overnight. Legitimate torts, like say injury from extreme negligence, wouldn't be affected. If they're in the wrong, and you're in the right, you don't have anything to worry about. If you're not so sure a jury would find you in the right, you should think long and hard before filing. The only thing stopping this kind of common sense loser pays legislation from happening are the usual freeloading liberals looking to score a big payday fantasy lottery win in court. As long as they get theirs, then f*ck everyone else who gets hurt.


The problem with "Loser pays" is what happens to a legitimate claim that isn't proven in court, or worse, are based on vague language in the law where either party can be right depending on the judge's interpretation.  Someone shouldn't be penalized for a lawsuit that has merit - even if they end up losing the judgement.

Now, if you have some standard to show a lawsuit is filed on frivolous (or outright false) grounds, a "loser pays" doctrine is fully appropriate. This case sounds like it may fit that well, but I wouldn't be comfortable with "loser pays" as the default.
 
2013-04-12 03:50:59 PM  

memtastic: I'm no lawyer but it seems that her statements about the killer were within the context of administrative, legal proceedings (evidence in his parole hearings).  They would therefore be privledged  and not subject to defamation claims.

/oh wait, I am a lawyer


insert smarmy lawyer comm...
oh wait, your post was helpful (though with a typo)
pocket smarmy lawyer comm...

Thanks, assuming you really are a litigator and didn't simply watch Law & Order while staying in a Holiday Inn last night.
 
2013-04-12 03:54:23 PM  

Igor Jakovsky: Maud Dib: filter: Only in America.


No, seriously.

The person filing the litigation is Canadian, dumbfark.
No, seriously.

The guy is filing his lawsuit from an american prison in the american legal system. He said only in america, not only an american.


orly.jpeg
 
2013-04-12 04:00:22 PM  
umm..countersuit?  Wrongful death of my husband?  Take that wishful $100,000 and add...let's see.  (hmm...$8 million because someone doesn't know coffee can be hot...carry the 1...) Forty Bajillion dollars?
 
2013-04-12 04:04:23 PM  

Igor Jakovsky: Maud Dib: filter: Only in America.


No, seriously.

The person filing the litigation is Canadian, dumbfark.
No, seriously.

The guy is filing his lawsuit from an american prison in the american legal system. He said only in america, not only an american.



This is a clear case of "when in Rome".
 
2013-04-12 04:06:04 PM  

KrispyKritter: Myria: netizencain: Wait.  Lemme catch my breath.  A murderer is doing something stupid and assholish?  Really?  This is news?

If the allegation is true, she committed libel.  Denying him a legitimate lawsuit would be a wrong, and two wrongs don't make a right.

But no one ever tells us what two wrongs do make!


A mockery of our justice system?
 
2013-04-12 04:13:55 PM  

Magnus: WhoopAssWayne: Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.

Loser pays double, their lawyer pays triple. Cases like this would go away overnight. Legitimate torts, like say injury from extreme negligence, wouldn't be affected. If they're in the wrong, and you're in the right, you don't have anything to worry about. If you're not so sure a jury would find you in the right, you should think long and hard before filing. The only thing stopping this kind of common sense loser pays legislation from happening are the usual freeloading liberals looking to score a big payday fantasy lottery win in court. As long as they get theirs, then f*ck everyone else who gets hurt.

Hardly, Francis.


American Assn for Justice -Formerly the Association of Trial Lawyers of America (ATLA) aka scumsuckingmaggotlawyers

17 out of 22 American Assn for Justice lobbyists in 2012 have previously held government jobs

Campaign Contributions
Among Federal Candidates, 2012 Cycle Total: $2,545,101


$2,443,851 to Democrats
$79,500 to Republicans


LOBBYING: $3,570,000 (2012) Lobby against tort reform

http://www.opensecrets.org/orgs/summary.php?id=D000000065
 
2013-04-12 04:23:33 PM  

WhoopAssWayne: Ponzholio: The lawyer who helped the murderer file the suit should face same jail time too.

Loser pays double, their lawyer pays triple. Cases like this would go away overnight. Legitimate torts, like say injury from extreme negligence, wouldn't be affected. If they're in the wrong, and you're in the right, you don't have anything to worry about. If you're not so sure a jury would find you in the right, you should think long and hard before filing. The only thing stopping this kind of common sense loser pays legislation from happening are the usual freeloading liberals looking to score a big payday fantasy lottery win in court. As long as they get theirs, then f*ck everyone else who gets hurt.


In practice this wouldn't really work. It would just skew things in favor of the rich. Already people calculate their odds and the financials. Companies exist for the sole purpose of gaming this system.

Only way you'll stop this is no financial compensation. The most the court can provide is a remedy. Someone wrecked your car, your car can be replaced (you get physical car of equal value, not money).  Until that happens, nothing will change here.  We're actually better off with the system we have since everyone is on a level playing field.

Eventually we'll have to get rid of financial remedies in lawsuits. Several legal experts have predicted it over the years. The system literally can't handle it. It's damaging our economy already (patent lawsuits).  It's only getting worse.
 
2013-04-12 04:48:39 PM  

fawlty: xevian: So now the murderer has her address.

And that was the real point of the exercise.  He wasn't interested in suing her.  He wanted her to know that he could "reach" her at any time.  He also wantes her to think twice before talking to the parole board again.


At that point, the murderer should simply be executed.
 
2013-04-12 06:08:52 PM  

Dimensio: "We're asking not only for the court to throw this out, but we're also asking the [Washington state] legislature to create a new law here that says anybody convicted of a violent crime - like murder, rape, armed robbery - cannot sue anybody involved in the case without the permission of the presiding judge."

Unacceptable; this would prohibit home invaders from suing when they are shot while robbing a home.


All I can think of is an episode of Married with children where Al cuddles with a robber thinking it's Peg. Then the man sues saying that he so could no longer rob houses. After he wins, Al punches him and sues for the the guys face breaking Al's hand.
 
2013-04-12 06:12:55 PM  
Yeah, this is pretty much what the 100 mph cockpunch was invented for.
 
2013-04-12 06:34:36 PM  
Larry's smirk reminds me of Dino M. Zaffino's.

nationalpostnews.files.wordpress.com

blogs.laweekly.com
 
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