Independent Investigative Journalism and Commentary from New Orleans, LA
During his statements to the class members at the start of the hearing, the judge gave his factual account of how he came to select the attorneys to act as the Plaintiffs' Steering Committee.The short version is, the judge wanted each PSC member to stop their practices and give 100% to this case and to put it on the fast track to settlement or trial because the residents had suffered enough. He said he met and talked individually with each PSC applicant to get their assurances they would do just that. On December 3, 2012, he selected those who made that committment to the court. Among them was Calvin Fayard who was appointed as Chairman of the PSC.How many of you think Fayard actually gave up 2 years worth of billing time and expense to the BP case where he will eventually fight for his share of $600 million in fees? The total amount of fees to be split between 5 class counsel in the Sinkole litigation is about $7.3 million.
None of this surprises me. Zainey, who apparently is "a pillar of the Catholic Church", voted to disbar me from practicing law in Federal Court on a summary basis, without any hearing whatsoever. But he wasn't alone: All of the Eastern District Judges voted to oust me, as well, summarily. My "crime"? I exposed the "Dis-Honorable" Stanwood R. Duval, Jr. and his "close personal friend of long-standing of having CORRUPTED the "Victims of KATRINA" litigation, which would have DWARFED the BP litigation, had it been successful. I aver that part of the reason the KATRINA litigation was unsuccessful was due to Duval, Fayard and others being CROOKED. I, Ashton O'Dwyer, was the only person "punished", unjustly, I might add.But I am a bit confused by Zainey's comments, or the absence of same: (1) Will someone tell me how Zainey's "vetting" of the Candidates for the PLC (at least one of whom LIED to him) is relevant to PLC Members LYING to the Class Members, and inducing them, by committing FRAUD, to agree to a settlement in which the PLC Members stood to profit handsomely. How did Zainey address certain Class Members' allegations of DISHONESTY and FRAUD against PLC members at the hearing yesterday? (2) By reading American Zombie and "The Louisiana Record" I was "educated" in advance of yesterday's hearing to expect the patently obvious "conflict of interests" between Fayard and Easterly to be on Zainey's agenda. However, from the available accounts of what transpired in Open Court yesterday, it does not appear that Zainey addressed the subject of the past relationships between Fayard and easterly, and their failure to disclose thos relationships to himself (Zainey) or others. Am I "missing" something. I frankly find Zainey's comment: "GET ON WITH YOUR LIVES" to be DISGUSTING. Yeah, let Fayard and others similarly situated, and easterly, to collect and spend the money I'm going to approve for them to collect, in peace. The Easttern District of Louisiana Bench is just as CORRUPT today as it was during the KATRINA litigation, and when I was summarily disbarred, maybe "more-so". Ashton O'Dwyer.
Both your points are very valid, Ashton.After making its own record, including its endorsement of its selection of Easterly and the PSC, the court turned the floor over to the class members and essentially allowed them to say whatever they wanted. I waited for the potential conflict issue to come up, but I don't recall any statement(s) by any of the class members on that subject. The transcript will be more accurate than my memory, but I don't recall the court ever mentioning the issue, either.The letter from Mr. Schaff that prompted the hearing didn't mention any conflicts."Let sleeping dogs lie" would be my guess on why potential conflicts weren't discussed.
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