August 12, 2014 at 2:19 P.M. Additional sources will be added to this essay in the days ahead.
Danielle Ivory, "G.M. Loses Bid to Dismiss Suit," The New York Times, August 10, 2014, p. A19. ("'Michael Clayton': A Movie Review.")
Rebecca R. Ruiz & Danielle Ivory, "Documents Show G.M. Kept Silent On Fatal Crashes: U.S. Death Inquiries," The New York Times, July 16, 2014, p. A1. (Lawyers orchestrated "wall of silence" defense in response to a defect causing deaths of innocent consumers: "What did you know, Mr. Rabner, and when did you know it?" and "New Jersey's Office of Attorney Ethics.")
Michael Barbaro, "Christie to Test Presidential Hopes in Iowa Trip: Return to Charming Voters in a Bid to Shake Scandal," The New York Times, July 16, 2014, p. A1. (More attempts by Christie to change the subject from the GWB scandal. When asked about my situation, Mr. Christie responds "no comment.")
Jodi Rudoren, "Brief Lull Ends In Gaza Crisis, Strikes Resume," The New York Times, July 16, 2014, p. A1. (This story is rewritten every two weeks or so.)
Manequin O. Madan, "Occupy Wall Street Protester is Out of Jail, but Back in Court," The New York Times, July 18, 2014, p. A16. (Hearsay and fabricated quotations are dropped into this article, without attribution, also evidently without affording Ms. McMillan the opportunity to respond. I know how Ms. McMillan must feel. "Should Cecily McMillan Go to Jail?")
Jodi Rudoren & Isabel Kershner, "New Fighting a Bid for Leverage as a Gaza Cease-Fire Expires," The New York Times, August 9, 2014, p. A1. (The repetition of the madness continues, indefinitely, as more children die.)
Michael D. Shear & Tim Arango, "Iraq Strikes May Last Months, Obama Says," The New York Times, August 10, 2014, p. A1. (Back to Iraq.)
Matt Friedman, "Christie Calls Special Session to Push Bail Reform: Constitutional Amendment Would Let Judges Deny Some Prisoners 'Release,'" The Star Ledger, July 30, 2014, p. 1. (This proposal would require amending the federal Constitution, not only New Jersey's constitution. State constitutions can afford more protection than the federal Constitution, but not less than the national standard. This is a fact New Jersey may have forgotten in my story. It is a federal Constitutional principle that persons are presumed innocent of a crime and are, therefore, entitled to bail pending trial, when they are charged with committing a crime, unless there is an unusual threat to the community or concern with flight. People are not granted bail because judges want to have a few laughs at the public's expense. )
Alex Young, "Ex-Pastor Admits Sex-Assault of a Boy," The Star Ledger, July 30, 2014, p. 16. (Jonathan Smith, 59, is expected to be sentenced to four years in state prison. "Thank you, Jesus!")
Katherine Brenzel, "Couple [in New Jersey] Sentenced to Prison Time in $3.4 MILLION Mortgage Fraud Scheme," The Star Ledger, July 30, 2014, p. 16. (A Westwood couple was sentenced to prison for a $3.4 million loan scam and multiple frauds. Gilberto Garcia? Mary Anne Kriko? Linda Yarleque, 44, and Fabio Moreno Vargas, 47 -- both said to be contributors to Senator Menendez's coffers -- will spend two years, Ms. Yarleque, and 18 months, Mr. Vargas, in prison taking business courses. These charming people have expressed an interest in law school.)
"General Motors was unable to persuade a judge in Georgia to dismiss a case that helped set in motion the company's worldwide recall of 2.6 million cars with a deadly ignition defect and that touched off the worst safety crisis in the automakers' history."
Normally, when a civil lawsuit is "settled" prior to trial by means of the acceptance of a monetary offer the case is closed and cannot be reopened.
Exceptions to this general principle of law include some provisions of workers' compensation laws as well as some features of bankruptcy laws, among others.
Fraud always allows for reopening a decision or settlement. ("The Allegory of the Cave.")
GM responded to lawsuits filed by persons injured (or killed) because of ignition troubles resulting from a defective switch by DENYING, LYING ABOUT, and COVERING-UP a systemic failure or design defect, as it is known in products liability law, that would have created liability for the company in the millions of dollars in addition to wrongful death and other negligence actions available to car users also against the motor vehicle manufacturer. ("A Doll's Aria.")
In other words, lots of lawsuits would be filed if people understood that GM not only made a mistake in building a car, but erred in the design of an entire line of vehicles that were expected to malfunction in ways that were bound to produce injuries and deaths, for unsuspecting drivers and passengers, then lied and covered-up their error. ("Is America's Legal Ethics a Lie?")
Essentially, as a result of a dismally failed legal strategy that could only have come from GM's top lawyers -- especially, Michael P. Milliken, Esq., GM's general counsel -- the company created a "wall of silence," lied continuously, covered-up the facts through "creative" responses to discovery requests, tried to "get rid of" individual lawsuits without acknowledging the general defect or admitting the error at all, even as they supplied a redesigned replacement part without explanation.
20 persons (at least) have died; hundreds have been seriously injured; many families have been devastated by this course of conduct, which continues to be followed by attorneys for GM and insurance companies facilitating settlements -- ostensibly in "good faith" -- with persons unaware of the extent of the automobile company's culpability, or the danger they may still be in as consumers. Happy motoring, America.
GM's conduct or malfeasance ("bad faith") elevates this defendant's fault (or legal liability) to the level of intentional tort or deliberate infliction of injury. ("Weapons of Mass Deception.")
Elevation in the degree of fault would allow for the imposition, usually by juries, of punitive damages (in addition to merely compensatory damages) that are designed to "discourage" this sort of conduct in the future. There are no limits to how much a jury can award in punitive damages.
You get more money in a law suit if you can show that the defendant hurt you on purpose.
This extra liability may be fortunate since criminal responsibility is not exactly unforeseeable for attorneys engaging in this conspiracy that has resulted, again, in the deaths of innocent persons. ("John McGill, Esq., the OAE, and New Jersey Corruption" and "New Jersey's 'Ethical' Legal System.")
It is obvious, also, that this situation gives rise to professional ethics issues for establishment lawyers who, probably, will be insulated from such harms, or may even be sort of persons who control the legal ethics system. That sounds familiar to me. ("New Jersey's Office of Attorney Ethics" and "Have you no shame, Mr. Rabner?")
You can see why they don't like me in New Jersey. ("Does Senator Menendez have mafia friends?" and "Is Menendez For Sale?")
After settling a wrongful death suit brought by the parents of Brooke Melton, a 29-year-old woman killed in 2010 when her Chevrolet Cobalt's ignition switch failed, the family learned that GM did not report the defect (lying through silence) in litigation. ("Marilyn Straus Was Right!")
How's your Chevy doing?
Criminal fraud -- as in New Jersey's OAE proceedings against me -- allow for reopening litigation and may result not only in additional damage, but also in criminal charges for attorneys and other GM employees as well as the good folks in Trenton. ("Stuart Rabner's Selective Sense of Justice" and "Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey.")
"The judge ordered GM to begin producing documents for the Melton's lawyer by September 26, [sic.] Lance Cooper, a lawyer representing the family, said in a phone interview. [Mr. Cooper] said he planned to review those documents and then come up with a schedule for deposing witnesses."
I suspect that the trail of breadcrumbs will lead not to grandma's cottage but to the wolf's door, in the form of GM's legal department. ("Corrupt Law Firms, Senator Bob, and New Jersey Ethics" then "New Jersey's Politically-Connected Lawyers On the Tit" and "New Jersey is the Home of the Living Dead" then "New Jersey Lawyers' Ethics Farce.")
GM's Michael Milliken, Esq. claims that he "does not have any specific recollection of the developments at issue in this litigation" and must "refresh" his faulty memory. Mr. Milliken explained that he does not speak English very well:
"Mr. Cooper said it was likely that he would want to depose Michael P. Milliken, ... along with other GM employees [LAWYERS soon to be employed by New Jersey's OAE?] and staff at [the] suppliers of the ignition switch."
The Justice Department and FBI are looking into this matter as well as investigating my situation, at last.
No ethics action has been filed at this time, since Mr. Milliken is reportedly a member of his state's legal ethics committee and numerous bar association "committees." Mr. Milliken was heading for a judgeship which, sadly, could now be delayed for him.
What a loss to American jurisprudence is the absence of "Judge" Milliken. ("New Jersey's Judges Disgrace America" and "New Jersey's Failed Judiciary.")
What the hell, Michael. Forget about it. We all have to move on.
