What is the name of your state? KY
My friend has a case in federal court and the Judge is the Chief Justice. We looked over his case and his decisions all seemed fair and unbiased. My friend had heard from some other lawyers that he is considered the fairest in the district.
That aside, my friend hasn't received very fair treatment in his case; the rulings on most of the issues are literally evidence being rejected over speculation.
Here is one example: A question of timely removal existed. Friend had mailed a demand on 12-22-04 just shortly after filing suit. The original lawyer was out of Lex. The demand contained a CD and other items making it more than a standard mailing. The letter was sent from Lou.
The lawyer who was originally on the case had quit and no one worked on the case for the defendant until late January 2005. Inadvertantly, they were unaware of the demand letter. He sent a second copy in January, and at the time of the second mailing, the new lawyer assigned to the case removed. However, it was days short of the 30 day cut off.
Motions flew. Friend presented evidence that letter was dated Dec.22, showed that all letters he dates are mailed same day with proof (showing pattern), and the lawyer argued that another envelope in Jan was the original demand, and that she never got the one in Dec. Probably cause she wasn't on the case yet. She tried to prove that the second letter was the first by entering the envelope from another mailing that was postmarked and priced at 37 cents.
So my friend showed the court by weight and size (CD) that the envelope that she claimed contained the demand could not be the demand as it wouln't have fit in the envelope but also that it would have cost almost 3 times as much to mail. He also showed that mail takes 1 day to travel Lou to Lex by Post office standards.
In their arguments, Lawyer said in her own words that she speculates this and that, and although this someone "remembers" receiving the demand just in time to make her removal timely, she provided no affidavit of proof. So essentially, although she admits that she got the CD and heavy demand packet the Court still concluded something odd. He seemed to say that he believed the letter was sent on Dec 22, but that there was no way that it arrived before Dec 28 and thus removal was timely on Jan27. that means that despite evidence he felt that mail took 6 dyas to travel what is normally 1 day.
She offered no proof, and said that her whole argument was speculation.
That is just one example! There are too many to talk about.
Friend had a feeling something was fishy. So he researched, thought maybe judge owned stock in defendant company or something. Found out that he is friends with lawyer at the firm representing defendant. They live houses away, kids are in this very specialized class and received tops prized in comp. together, the lawyer is on the board with Judges wife, and Plaintiff had documented in one of the pleadings that Judge and Counsel appeared to converse through non verbal communications, he allowed her to do what things he forbid Plaintiff to do, etc.
the Judge has called friend crazy, gave his opinion about the suit and said that he agrees that defendant is right, won't make them provide discovery even though it is needed to prove something important, etc. Does he have a claim for recusal?
My friend has a case in federal court and the Judge is the Chief Justice. We looked over his case and his decisions all seemed fair and unbiased. My friend had heard from some other lawyers that he is considered the fairest in the district.
That aside, my friend hasn't received very fair treatment in his case; the rulings on most of the issues are literally evidence being rejected over speculation.
Here is one example: A question of timely removal existed. Friend had mailed a demand on 12-22-04 just shortly after filing suit. The original lawyer was out of Lex. The demand contained a CD and other items making it more than a standard mailing. The letter was sent from Lou.
The lawyer who was originally on the case had quit and no one worked on the case for the defendant until late January 2005. Inadvertantly, they were unaware of the demand letter. He sent a second copy in January, and at the time of the second mailing, the new lawyer assigned to the case removed. However, it was days short of the 30 day cut off.
Motions flew. Friend presented evidence that letter was dated Dec.22, showed that all letters he dates are mailed same day with proof (showing pattern), and the lawyer argued that another envelope in Jan was the original demand, and that she never got the one in Dec. Probably cause she wasn't on the case yet. She tried to prove that the second letter was the first by entering the envelope from another mailing that was postmarked and priced at 37 cents.
So my friend showed the court by weight and size (CD) that the envelope that she claimed contained the demand could not be the demand as it wouln't have fit in the envelope but also that it would have cost almost 3 times as much to mail. He also showed that mail takes 1 day to travel Lou to Lex by Post office standards.
In their arguments, Lawyer said in her own words that she speculates this and that, and although this someone "remembers" receiving the demand just in time to make her removal timely, she provided no affidavit of proof. So essentially, although she admits that she got the CD and heavy demand packet the Court still concluded something odd. He seemed to say that he believed the letter was sent on Dec 22, but that there was no way that it arrived before Dec 28 and thus removal was timely on Jan27. that means that despite evidence he felt that mail took 6 dyas to travel what is normally 1 day.
She offered no proof, and said that her whole argument was speculation.
That is just one example! There are too many to talk about.
Friend had a feeling something was fishy. So he researched, thought maybe judge owned stock in defendant company or something. Found out that he is friends with lawyer at the firm representing defendant. They live houses away, kids are in this very specialized class and received tops prized in comp. together, the lawyer is on the board with Judges wife, and Plaintiff had documented in one of the pleadings that Judge and Counsel appeared to converse through non verbal communications, he allowed her to do what things he forbid Plaintiff to do, etc.
the Judge has called friend crazy, gave his opinion about the suit and said that he agrees that defendant is right, won't make them provide discovery even though it is needed to prove something important, etc. Does he have a claim for recusal?