Category: Uncategorized

We’ll be wrestling with a lot..but we can’t be the heels. (Or why we have to cut some slack to the Orange Julius in the White House)

You probably figured out by now that I am not a fan of the current POTUS. It is not a partisan thing since I have voted for Republicans for numerous offices, including President. It is for much deeper, more visceral reasons.

Based on what I have seen, he is a jackass. He is, to a large degree, a narcissistic twit. He is a whiny bitch and a petulant bully. he may even be an unknowing Russian asset. And the howls for his impeachment grow daily.

But, let’s save the impeachment talk until there is something impeachable to use against POTUS45. And so far, there just is not a thing that qualifies at all.  And that makes those howls scary. Continue reading “We’ll be wrestling with a lot..but we can’t be the heels. (Or why we have to cut some slack to the Orange Julius in the White House)”

Wrestling with a Judicial Smackdown or ‘Trump gets thumped’*

*Truth be told, it is not that big of a thumping but I have been itching to use that headline and get it over with.

As you may know, today a 3-judge panel for the 9th Circuit of the Federal Court unanimously denied the Trump administration’s emergency motion for a stay of the Temporary Restraining Order issued by Judge Robart last week. You may have caught it on the news. Let us take a moment to examine some of the Order by the Court and parcel out what they meant from what they said. This kind of translation will hopefully help those who got their law degrees from Twitter and Facebook.

What they said : Continue reading “Wrestling with a Judicial Smackdown or ‘Trump gets thumped’*”

Wrestling with Poor Witness Prep

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Let’s face facts. We are all ignorant of something. It is impossible not to be. There are far too many things in this world we can learn and far too little time to learn it. There is no real shame in that. And there is no shame in choosing to be so immersed and knowledgeable in some things that you can not conceivably be knowledgeable in something else. No shame at all.

But, where there should be some shame is not being knowledgeable at all and allowing that ignorance to serve as some kind of accomplishment while you disparage those with actual knowledge. And that brings us to the nominee for Secretary or Education, Betsy Devos. A level of ignorance and shame more profound than when Jim Herd wanted to change Ric Flair into “Spartacus”[1] Continue reading “Wrestling with Poor Witness Prep”

Wrestling with Brock (not the entertaining one. The rapist).

Yes, I said it. I called Brock Turner , former “All-American” swim star, a rapist. Though he was never convicted of rape, it was not for lack of trying. He was found on top of a semi-conscious or unconscious woman when two male students approached, wondering just why there were two half-naked people behind a dumpster with only one of them seeming to be involved in this tryst. And then Turner ran but was caught by these two men who clearly felt Turner had some explaining to do.

By now, you probably know the story. The victim, a fellow student, by her own admission, was intoxicated. Blitzed. Bombed. Three sheets to the wind. I could go on and come up with a slew of descriptions. She never denied it, never tried to portray herself as the sainted lady of Stanford. She had little to no memory of anything that happened. The Defense made her lack of memory a key part of their defense and their points of attack and they should have (more on that later).

But, in the end, it was  unsuccessful in the trial phase.  The jury was convinced beyond a reasonable doubt that Turner had indeed committed the three alleged violations of the law. The conviction is not that surprising because, as we say these are “bad facts” for the defense and “great facts” for the prosecution. Two witnesses, with no known connection to either Turner or the victim, testified to seeing him in the act and run when they approached. (Quick sidenote fellas: If you and a lady are getting it on outside and two guys come upon you, your first instinct might be to tell her “Let’s go” and gather your clothes and yourselves and leave. If you leave her there, possibly vulnerable to two more guys, it’s going to be very hard to believe she was a willing participant and impossible to believe you are not a classless coward of the first order).  A conviction was almost a foregone conclusion. But it was not the verdict that has created the outcry here. It was the sentencing and the reactions of some people to said conviction and sentencing.

And some of those reactions, while understandable are wrong. And some of those reactions are also right.

So as to not take up too much time today, Friday we will start a series we are doing on the Turner matter and its broader impact.

-I will address the Sentencing and why efforts to recall the Judge show less of an interest in “justice” than people think;

-I will address how the outrage against lawyers in sexual assault cases is misplaced and shows a terrible misunderstanding of how the law works and why;

-I will address the very real danger of sexual assaults and how the law deals with it, including addressing false accusations (though the Turner matter is about as far from a false accusation case as they come);

Before that series begins there is something of importance that merits remembering. It has been said that women getting drunk at parties or alone in a guy’s room are like keeping the keys in the ignition of their unlocked car or leaving your house unlocked. And there may be some truth to that. But where the arguments fails is that if one leaves their keys in the ignition of their unlocked car, it does not just magically leave. A thief HAS to take advantage of the opportunity to be a thief. If you leave your house unlocked, someone still has to go into the house and commit burglary or a slew of other offenses. So, logic would tell us that to sexually assault a drunk person, it requires someone willing to sexually assault someone. Someone willing to take that next step. Unfortunately, that is what it takes to get accused of such an act. That takes less. But to actually do it? At some level, someone’s mind has to be committed to ignoring the humanity of the person in front of them.

I have known many guys, hell I have been one of those guys, who thinks he might be getting lucky tonight, then the young lady has succumbed to alcohol, and he realizes “I guess I am not getting lucky tonight” and so he calls it a night. He makes sure she gets home safe or he lets her sleep in his bed while he takes the couch or floor or he leaves, if it’s not his place. Again, it seems obvious and I can not imagine having that conversation with a young man, telling him, “oh and by the way if she passes out, don’t try to get sexual on her” because it seems so self-evident. According to several people who speak of “rape culture”, maybe it is not so self-evident and we need to have some serious conversations with our boys and young men. Even scarier is that it is self-evident, and so many just do not care.

But, on the other hand, who wants to tell anybody just waking up that she (or he) has been violated and it could have been even worse?

 

Wrestling with Brady (and why you should stop crying over it)

And so it begins again. All the way from the far reaches of the great halls, taverns, pubs, trains, highways and byways of New England come the howls of its’ citizens. With anger not seen in New England since Grady Little left Pedro Martinez in a little too long in the ALCS, the residents of the Hub of the Universe and its surrounding burbs and towns are up in arms. This time, because a three-judge panel from the Second Circuit Court of Appeals has ruled in a 2-1 decision that Tom Brady will have his four-game suspension from the “Deflategate” Scandal reinstated. Yes, that Tom Brady, the fantasy baby’s daddy of half of New England (and actual baby’s daddy of who knows how many) is suspended again. For now. And like it or not, it is entirely justified.

Right about here, is where the folks come in who will scream, “But, Brady didn’t do anything!” Except, of course, he did do something. And what he did hurt him. But that is not why the reinstating of the suspension is justified. No, it is justified because the players screwed themselves.

Continue reading “Wrestling with Brady (and why you should stop crying over it)”

On the Road Again.

Well we have been on the road for quite some time. As we write this we are 30,000 feet in the air, flying from New Jersey (via Boston) back to Long Beach, where we then have a long drive ahead of us for another court hearing. Such is the life of the busy litigator, I suppose. Thank heavens for technology that allow us to be somewhat productive on many cases. We also saw the limits of technology and it has been a real lesson in seeing that part of the investment in the future is even better mobile tech and more human resources.

Because so much of our travels lately involve pending cases, we will not go into any great detail here. I can say that I am very proud of one client who handled herself very well in a new situation.

So what have we missed in the law, pop culture and wrestling? well, not too much but there was an experience at a local independent wresting show (in a location that will remain unnamed) that bears some mentioning. It was a program that had a good product inside the ring. When you have performers like Biff Busick, Colt Cabana, Chris Hero, Kenny Dyskstra, Mike Mondo, Bob Evans, The HeadBangers, Alexiss Nevaeh (sp), Tessa Blanchard, Brandon Locke, and Kevin Sullivan you are bound to get something right. But, that was not where trouble happened.

Like many industries, pro wrestling is a unique animal. But, its unique nature does not mean it is hard to figure out. It is still a business. And part of any business owner is knowing when you need to reach out for help. Independent wrestling has far too many people in the business promoting shows who have no business doing it. Not because they are stupid, but because people forget it is a BUSINESS. And sometime, in having fun in your business you can not forget that business is the priority. It means you, as a promoter or business owner have to get accustomed to contracts. You need to know or hire people who can lock you and vendors into the best possible contracts for your business ventures.

Too many business owners get screwed, or more accurately screw themselves, by not having a mind meld of sorts. Of not using advisors who have done what they are trying to do. People who have contacts and experience can help business owners not make the avoidable mistakes.

I should not have to remind you that you have to pay your people, but it happens. Listen carefully: The price of starting the business or sustaining the business, or promoting a show is the minimum you are willing to gamble. You can not hope for a future earning to meet your costs so you can pay your vendors and workers You need to have that money ready to go so that you can at least be known as a good pay-off person. Otherwise, you won’t be in business for long and you won’t keep your friends for long.

The other rule is to keep your family happy. Because businesses may come and go, but a great family can get you through almost any crisis.

On a personal note, we want to send our prayers and sympathies to one of my law classmates, Shelagh Newton Michaud, who lost her mother this week. For those of us of  a certain age, we are watching our parents get vulnerable and pass on and there is no easy way to deal with it. All we can do is hope that they know that we know they loved us and gave it their best efforts in raising us. We can thank them and remember them by passing the lessons they gave us on. Especially the lessons about family.

Until next time