Steele Schneider Lawyer Wins Case Against "Shotgun Litigator!"

Congratulations to Steele Schneider lawyer Tara Fertlemes!  She is prominently mentioned in a recently published opinion of the Court of Common Pleas of Allegheny County.  Trial court opinions are selectively published.   The publication of Tara’s case signals that the jurist issuing the opinion thought the case important for those in the legal community to read.   

In his opinion, Judge Alan Hertzberg, writes an erudite and comprehensive opinion, taking to task a defense lawyer who pursued a "shotgun litigation strategy" against a Steele Schneider client.  Judge Hertzberg aptly described the shotgun litigation strategy as defense counsel raising "every defense imaginable (similar to how a shotgun blast strikes a far wider area than a bullet) during the trial, the attorney fees petition hearings and the post-trial motions."  The court found that Tara "reasonably expended the amount of time that was needed to respond, which would have been much less had [defense counsel] adopted a different strategy (e.g., pick your battles)."

A notable accomplishment by Tara is that she convinced the court to award $21,834 in attorney’s fees in addition to the wage damages awarded our client.

Tara's advocacy in the case demonstrates that Steele Schneider lawyers stand up to opposing attorneys who employ shotgun litigation strategies to deny rightful recovery to wronged and injured persons.

For those who enjoy reading a very well reasoned and expertly written legal opinion that holds difficult lawyers accountable for their vexatious strategies, see the opinion at: http://www.acba.org/ACBA/Publications/PLJ-Opinions/2012/5-PLJ_Opinions030912.pdf

Rush Limbaugh Spews Hate and His Apology Was Only to Keep Advertisers

Rush Limbaugh's apology was pathetic:

Limbaugh said Saturday on his website that he had chosen the wrong words in his comments about law student Sandra Fluke. He said he "did not intend a personal attack" on her.

He uttered the weakest of apologies for one reason--his advertisers were running from him for being the hate monger he is. It is all about money and his shameless worship of himself.

Many people have forgotten his drug habit and embracing of the Fourth Amendment's protection against unreasonable seizures when Limbaugh challenged law enforcement's right to his medical records, such records proving that he secured pain killers from several doctors. Recall that Limbaugh sent his own employee to secure drugs for him.

Don't get me wrong. I think drugs are an illness and the criminal prosecution of drug addicts is a waste of public resources and human lives. But the fact is that Limbaugh was a criminal drug addict and got away with it.

Now Limbaugh is only addicted to himself, so much so that he has no sense of the vitriolic hate that he spews. He crossed the line and his weak apology doesn't do it for me.

Identifying Criminal Suspects in a Lineup

Eye witness testimony has always been of questionable accuracy. The human brain is not a computer, retrieving exact copies of what has been observed and placed in carbon based storage as a chemical composition. In fact, memories housed in the human brain are quite malleable and are modified in deference to a person's ego needs (sense of self) and deep rooted attitudes.

Now comes the finding that fingering a criminal suspect in a lineup is best done quickly and not after the witness is given time to ponder who he/she thinks is the criminal standing amongst innocent persons.

See excerpts from the May 3, 2012 issue of The Economist:

Neil Brewer, a psychologist at Flinders University in Australia, has devised a new type of police line-up, described in Psychological Science. Rather than simply pointing out the perpetrator, witnesses are asked how confident they are when identifying him. And they have to make up their minds quickly. Whereas a typical police officer tells a witness to take time and mull it over, Dr Brewer sets a very short deadline.

Dr Brewer knew from past research that strong memory traces are more rapidly accessed by the brain than weaker ones—and that accurate eyewitness identifications are made significantly faster than inaccurate ones. So he guessed that limiting the time witnesses had to look at suspects would yield better results.

Witnesses who were given a flexible choice but only a short time to ponder were much more accurate. They picked the correct suspects 67% of the time. The “yes or no” group picked the right man only 49% of the time. A witness delayed may be justice denied.

Homeowners Cautioned: Beware of Contract Mechanics Liens

Homeowners need to be aware of scams involving roofing and other home repairs provided by contractors! Our office recently talked to one of seventeen homeowners in the Greensburg area who had their roofs all repaired by the same Texas company in the aftermath of a tornado. The Texans never paid for the supplies they used in repairing the roofs. All homeowners paid in full for their roofing jobs, only to discover that the Texans never paid for the supplies used to repair their roofs. The local supply company filed mechanics liens on all the homes. The supplier is entitled to judgment against the homeowners, even though the Texans were paid in full. If the liens are not paid, the supplier can foreclose on the homes.

Legally, the homeowners will have to pay twice for the roofing materials, once to the Texans and once to the supply company. It isn't fair, but it is the law of mechanics liens.

Mechanics liens are intended to protect subcontractors and suppliers who are not paid by the contractor. Anytime you contract for a home repair, make sure you either have a non lien contract signed by the subcontractors or suppliers or you withhold money until you are certain all suppliers and subcontractors are paid. Otherwise, you could be in double jeopardy for paying twice.

There is an encouraging post script to the Greensburg story. The Greensburg District Attorney is investigating the Texas roofing company for theft by deception. The Texans could face criminal charges for their fraudulent conduct. The fear of being incarcerated may be what is needed for them to pay the roofing supplier so that our fellow Pennsylvanians are not stuck with paying twice for their shingles, nails, and other materials.

Religious Freedom Means No Religion in Public Schools

Marc Schneider, Charlie Steele and Jonathan Steele participated in a federal mediation last week that culminated in settling an "Establishment Clause" case against a Mercer County School District. School officials were complicit in conducting prayer groups during the school day, with a teacher facilitating the participation of local ministers in religious activities with students. Months earlier, the Superintendent invited ministers to an in-service meeting of teachers, where teachers were asked to pray with local ministers during their work day. School officials also distributed religious literature at school by having elementary students take the material home.

To some persons, religion in school sounds like a good idea, religion being the moral education of young students. However, religious freedom for all begins with separating government and religion, lest we be forced by government to worship a particular religion. All of us, believers, non believers, and doubters have the right to a public education free from the coercion of a particular religious group's teachings.

The employees who brought the suit, and suffered work place retaliation for defending the Constitutional rights of students and teachers to be free from religious coercion, were compensated for "hostile work" environment and reinstatement damages.

Steele Schneider is a civil rights law firm and we are proud to defend the Constitutional rights of our clients.