Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

The jumping off discussion area for the rest of the Deck. All things Lakewood.
Please check out our other sections. As we refile many discussions from the past into
their proper sections please check them out and offer suggestions.

Moderator: Jim O'Bryan

Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Mr. Anderson,

It is my understanding that the 8th Circuit Court of Appeals canceled the oral arguments in Skindell v Madigan scheduled for election day --November 8, 2016. The court also ordered you and the other City Council Defendants to mediate with Senator Skindell on November 8, 2016.

In my limited experience, this seems an unusual move for the Court given your position that this is "baseless".

In other words, why wouldn't the Court just finish oral argument and dismiss the appeal since you claim it is "baseless"?

Could mean that the Court of Appeals thinks the Defendants will have a problem in defeating the appeal. i.e. Skindell's case was not "baseless"?

Also you never answered my question: Will you and the other Defendants attend the Court order mediation?
David Anderson has no legitimate answers
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Hint: I am told by my US Supreme Court watchers that appellate courts usually only order mediation after briefing if it looks like the "winners" at the trial court are going to be "losers" at the appellate court.

If that is the case, it will show again the Mr. Butler and the Dream Team of lawyers have misled you all along.

So Mr. Anderson,

What are your gurus making of these developments?

You said publicly earlier this year that you would change your vote if something was proved to be "illegal" (your words not mine).

We now know that Butler's legal opinion denying CCF's liability for capital improvements and losses was dead wrong.

Will you join me and the "Lakewood Citizens for Sunshine and Open Government" if the Court of Appeals slaps down the contrived legal opinions you mistakenly relied upon?
David Anderson has no legitimate answers
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Mayor Summers has made a startling claim that he will "listen" if the people speak.

Will Mr. Anderson, City Council and their errant mouthpiece law director listen to the Courts?
David Anderson has no legitimate answers
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Other than the election results on Issue 64, the answer to this question may be the most important in Lakewood's history.
David Anderson has no legitimate answers
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

It seems that the Court of Appeals wants our City Council to "settle" this case.

Is City Council capable of compromise?
David Anderson has no legitimate answers
Lori Allen _
Posts: 2550
Joined: Wed Jan 28, 2015 2:37 pm

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Lori Allen _ »

Brian,

At this point, I think it is safe to assume that anything Mr. Anderson brings forward now, would be a lie. I believe the reason why there has been no response to your question is because they have all been backed into a corner! One lie to cover up another lie, etc.

Since it appears that Mr. Summers has the Cuyahoga County Court System wrapped around his finger, ( probably in part because of his extended family member, Armond Budish), he would rather have it go to the courts, where more than likely, they will rule in favor of Summers and extended Family!

Surprise! Surprise! :roll:
Bill Call
Posts: 3319
Joined: Mon Jun 06, 2005 1:10 pm

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Bill Call »

How do you mediate this lawsuit? Either the City violated the law or it did not violate the law.
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Bill Call wrote:How do you mediate this lawsuit? Either the City violated the law or it did not violate the law.
Mr. Call,

Here is how this could work:

City Council members are the only Defendants in the case, but they have hired Summers' lawyers.

All that is needed is for City Council to fire the conflicted lawyers and hire independent lawyers.

If that were to happen, a consent decree that there was a violation of law could bring $50 Million++ into the city coffers in a New York minute.

One way to change everything, is to change the attitude about a problem being resolved and then it can be easily resolved.

That's what competent and objective lawyers could do.
David Anderson has no legitimate answers
Bill Call
Posts: 3319
Joined: Mon Jun 06, 2005 1:10 pm

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Bill Call »

So the judges are telling Council to be who they are not?

Since we are talking about legal issues I thought I would use confusing syntax.
Brian Essi
Posts: 2421
Joined: Thu May 07, 2015 11:46 am

Re: Mr. Anderson: Why Did the Court of Appeals Order City Council Defendants to Mediate?

Post by Brian Essi »

Bill Call wrote:So the judges are telling Council to be who they are not?

Since we are talking about legal issues I thought I would use confusing syntax.
That is one interpretation.

It would be nice if people on Council could open their minds to a new way of thinking---like for all Lakewoodites and not just the special interest and self-interest.
David Anderson has no legitimate answers
Post Reply