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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Dan B. who wrote (299527)9/23/2002 11:52:56 PM
From: greenspirit  Read Replies (1) | Respond to of 769670
 
Radical leftist judge attacks free speech in a pathetic attempt to defend the corrupt NEA.
effwa.org

EFF faces sanctions in NEA case

OLYMPIA, WA—In a decision this morning, Thurston County Superior Court Judge Berschauer granted a motion by the National Education Association (NEA) requesting that the Evergreen Freedom Foundation pay the union’s attorney fees for what he called an improper use of the judicial process.

The NEA’s motion was filed after EFF issued a press release in July announcing an $800,000 default judgment against the union. The story generated widespread press coverage, which NEA attorneys say harmed the union’s reputation.

The default judgment was requested by EFF and granted by Judge Berschauer on July 1 after the NEA failed to meet a court deadline to respond to a lawsuit filed by the Foundation.

The NEA and its state affiliate, the Washington Education Association, originally claimed that EFF filed fraudulent papers in court to deceive the court into issuing the judgment.

Judge Berschauer said no, EFF did not commit fraud. Further, he made it clear the Foundation may have complied with the technical aspects of the law, but he felt EFF acted in "bad faith" and violated the spirit of a default judgment by using it to embarrass the NEA, when it is intended as a tool to get opposing parties into court.

"Under no circumstances would we compromise our integrity or our work to protect teachers’ rights by misrepresenting the facts or capriciously using the courts," said Jami Lund, a project manager for EFF. "The NEA and WEA have a long history of denying, delaying, countersuing, and earning sanctions for stonewalling in the courts and we wanted to make sure the union couldn’t just brush this off."

Judge Berschauer, while noting that EFF had every right to publish the story, believed the Foundation’s willingness to do so was an improper use of the default procedure in this case.

"We understand the judge’s concerns and concur that the courts should not be used frivolously," said Lund. "But it does leave us wondering how to avoid this problem when the verdict is based on a perception of our motives."

EFF is reviewing its options.



To: Dan B. who wrote (299527)9/24/2002 1:24:29 AM
From: rich4eagle  Read Replies (1) | Respond to of 769670
 
Dan, thanks again for attacking a good American for wanting our country to stop it's slide to mediocrity, with your wishing to silence the view of intelligent folks. Oil is in oversupply right now, the singular reason for the spike in oil prices is George and his sabre rattling against Iraq. This will further tank markets and our economy as George continues his 19 month march to wreck America's economy. I wish he were as adamant about solving the rapidly rising unemployment in the US as he is in getting a lot of folks killed. Dan love your hero, his record is 0-20 months and sinking. And please continue to wish anyone who is smart enough to recognize these failures gets shipped out of the US so the collapse can be accelerated by the Dodo's in power. Hmmmmmmmm, evil is as evil was and Dan thinks anyone who is rational and looks at the record is evil. Evil like me, thanks again Dan for your civility, and proclaiming me evil as markets tanks, deficits balloon, unemployment skyrockets and many folks get targeted for death.

As far as dictator, anyone who says to United Nations "either you are with us or against us" is a dictator. Anyone who tells Congress it doesn't matter what they decide, he has granted powers to do as he wishes is a dictator. Put your head deep in the sand Dan it is comfy down there.

Dan says "Freedom Works" but his words despise freedom and support dictatorship and oneness or else........