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Counsel’s conflict, misconduct bar class certification in tax sale suit

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A federal judge cited an attorney’s conflict of interest, misconduct and relative inexperience in rejecting his bid to certify a class in a lawsuit over costs of redeeming property after tax sales.

District Judge Jane Magnus-Stinson in the District Court for the Southern District of Indiana, Terre Haute Division, denied the motion for class certification in Joshua B. Crissen v. Vinod C. Gupta, et al., 2:12-cv-00355.

Crissen, who redeemed his Greene County property after it was sold at a county tax sale, sought to represent a class of people who redeemed property purchased at tax sales by defendants. He claimed redemption prices were inflated by the inclusion of notification or title costs defendants didn’t incur.

In a 35-page order, Magnus-Stinson noted Crissen’s counsel, St. Louis attorney Jesse Rochman, is the son of Barrett Rochman, a competitor of Vinod Gupta. Magnus-Stinson also noted Barrett Rochman “recently pled guilty and received a sentence of sixteen months in federal prison for entering into a scheme with former Madison County, Illinois Treasurer Fred Bathon whereby property tax sales were structured ‘in a way that eliminated competition and increased interest rates for Rochman and other tax buyers in exchange for campaign contributions.’”  

“In sum, the instigation of this lawsuit by Barrett Rochman (one of Vinod Gupta’s biggest business competitors), through Jesse Rochman, with the stated goal of gaining a competitive advantage, and counsel’s familial and attorney-client relationship with Barrett Rochman preclude any finding that counsel would adequately represent the class,” Magnus-Stinson wrote.

“While there do not appear to be any cases where courts have dealt with the issue of whether class counsel are inadequate because they have ties to the defendant’s business competitor, the Court finds that this is an ‘other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class,’” she wrote.

The order also recounts prior sanctions against plaintiff’s counsel, and the judge warned further misconduct would result in dismissal of the case. “The misconduct Mr. Crissen’s counsel have engaged in – both individually on the part of Jesse Rochman and collectively – creates a serious doubt that counsel will represent the class loyally and jeopardizes the Court’s ability to reach a just and proper outcome in the case.”

Magnus-Stinson also found that a prior class action Jesse Rochman initiated in Illinois reflected negatively his ability to adequately represent the class. Proposed as a prospective class of more than 2,100 plaintiffs alleging damages of more than $1 million, “(u)ltimately, only three class members filed claims, prompting the court ... to remark ‘I’ve got three cases, really, that, you know, would have probably been given about five minutes in a small claims court, and that’s what I have.’”

Magnus-Stinson requested a magistrate schedule a conference to set a schedule to bring Crissen’s claims to conclusion.




 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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