19 November 2012
KingCast says "Oy Vey! another year has been past, and Scott Hyman's $1.7M anti-Semitic Jury Verdict is still absolutely worthless."
I used to update on Scott Hyman's stagnant case every few months, but from now on I will just post up after the High Holy Days every year or so, right. For those of you who don't know, Scott Hyman is a Jewish fellow and he and his Gentile neighbors Don and Julie Prescott won a $1.7M Jury Verdict fair and square after their neighborhood association in Lakeville, Massachusetts was found to have engaged in unlawful discrimination. You know, gunshots, urine, feces, verbal taunting, etc. But has the Hemlock Association ever had to pay anything out since the June/July 2010 Jury Verdict? Nope.
Here's why: Judge Cosgrove granted a motion to set aside the Verdict and/or for New Trial with an Order. The Plaintiff's counsel filed Motion for Reconsideration because the Defense Counsel's own arguments supported a legal malpractice case by their clients but nothing else.... basically they failed to object to testimony coming in about the firebombing and urine and feces. Subsequently they claimed that there was not enough evidence to tie the homeowners' association to these acts. However, in Massachusetts the rule is that if you fail to object you lose your right to request post trial relief, simple, boom, bam out. But the Court has deliberated on this for yet another year, since the time I wrote the original Oy Vey! journal entry. See also "neighbors." This means that Scott Hyman is screwed: He cannot appeal the Order for New Trial because no final Entry has been set in the Record. He cannot conduct a new trial for the same reason. And lastly, his counsel cannot negotiate a settlement pending appeal because they have no leverage. And people wonder why I hate the legal system in spite of the fact that I graduated from a top-50 law school and have won a few trials of my own. Justice delayed.... is Justice denied.