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Strategies & Market Trends : India Coffee House -- Ignore unavailable to you. Want to Upgrade?

To: JPR who wrote (9202)	10/31/1999 11:14:00 AM
From: JPR	Respond to of 12475

JPR's Note: The story of Mr.Gottbetter Mr.GOTTBETTER grabbed the flight attendant by the shoulder and from then on everything GOT WORSE both for Mr. GOTTBETTER and the flight Attendant's shoulder. It didn't get ANY BETTER in the court. The judge told Mr.GOTTBETTER that he should have KNOWN BETTER, because Mr. GOTTBETTER was a lawyer. The situation got NO BETTER , when the Federal Aviation Administration opened administrative proceedings against Mr.GOTTBETTER under Federal regulations that say "no person may assault, threaten, intimidate or interfere with a crew member in the performance of the crew member's duties aboard an aircraft." Man Accused of In-Flight Attack Loses a Lawsuit By BENJAMIN WEISER People are always filing lawsuits seeking to vindicate their constitutional rights, but a Federal judge says Howard Gotbetter, a Manhattan lawyer, went too far recently. "There is no constitutional right to separate the shoulder of a flight attendant on a delayed flight," the judge, John S. Martin Jr. of Federal District Court in Manhattan, said in an opinion released Friday. In throwing out the lawyer's lawsuit, the judge said that Gotbetter and a female companion should have controlled their rage on a recent flight on an unidentified airline. As the judge described it, Gotbetter and his traveling companion became upset at an announcement that their plane was in a holding pattern and that the landing would be delayed. While Gotbetter's companion screamed "gutter epithets" at the flight attendant and her colleagues, the judge wrote, Gotbetter grabbed the attendant by the shoulder and shook her so violently that she suffered a partially separated left shoulder and an injury to her rotator cuff. The flight attendant, who was not identified in the lawsuit, was out of work for six months, the judge said. "Not surprisingly," the judge continued, after the plane had landed, Gotbetter and his friend were removed from the plane "to the apparent delight of several of the other passengers." Later, the Federal Aviation Administration opened administrative proceedings against Gotbetter under Federal regulations that say "no person may assault, threaten, intimidate or interfere with a crew member in the performance of the crew member's duties aboard an aircraft." Gotbetter, who did not return a call on Friday seeking comment, filed his suit seeking to block the proceedings, contending that the regulation was "unconstitutionally vague" because it "does not give a person of ordinary intelligence a reasonable basis to know what is prohibited." Judge Martin disagreed. Even someone of "limited intelligence" should know better, he said. He ordered Gotbetter to return to court in December to explain why he should not face sanctions for filing a frivolous lawsuit.