Cat paws & baby formula

March 25, 2009
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From IL reporter Michael Hoskins:

Every so often, court rulings offer hidden treasurers that tickle the mind with intrigue rather than simple legalese and legal theory. Take Wednesday's two examples from the 7th Circuit Court of Appeals. Neither appeal stems from Indiana, but attorneys and readers in general can appreciate the decisions and the humor, mystery, and just fun-natured elements contained within.

It all comes down to “cat paws” and 81,454 cans of powered baby formula.

The first case comes from the Eastern District of Wisconsin, in the appeal of grocery wholesaler Kaloti Wholesale. Judge Richard Posner is the author. But the fun comes with the full title: United States of America, Plaintiff, v. Approximately 81,454 Cans of Baby Formula, Defendant. In case you aren't sure, "defendant" is appropriately attached clarifying any confusion about who or what’s being sued here. The case itself involves a February 2007 warehouse raid that uncovered the many thousands of cans of powered baby formula, which agents believed were stolen from retailers. Labels with the "use by" date were stripped off or altered. The government filed a civil forfeiture suit that's still pending in District Court, but the appellant asked the judge for permission to sell the baby formula on grounds that its "use by" dates were approaching - 80 had already expired, and the rest are slated for expiration by year's end.

Judge Lynn Adelman denied the motion on the ground that the sale might endanger any babies who ate it, and this appeal soon followed. Judge Posner and his panel affirmed that decision.

A second 7th Circuit decision today comes out of the Central District of Illinois in Vincent E. Staub v. Proctor Hospital, an Illinois corporation. This is a military-leave suit filed under the Uniformed Services Employment and Reemployment Act, with Staub claiming the hospital wrongly fired him as an angiography technologist. He alleged the hospital discriminated against him based on his Army reservist role, not the insubordination, shirking, and attitude problems cited in his termination.

Authored by Judge Evans, the opinion begins:

"One would guess that the chances are pretty slim that the work of a 17th century French poet would find its way into a Chicago courtroom in 2009. But that’s the situation in this case as we try to make sense out of what has been dubbed the “cat’s paw” theory. The term derives from the fable “The Monkey and the Cat" penned by Jean de La Fontaine (1621-1695). In the tale, a clever-and rather unscrupulous-monkey persuades an unsuspecting feline to snatch chestnuts from a fire. The cat burns her paw in the process while the monkey profits, gulping down the chestnuts one by one. As understood today, a cat’s paw is a “tool” or “one used by another to accomplish his purposes.” Webster’s Third New International Dictionary (1976). More on this a little later."

We won’t trouble you here with a synopsis of the whole opinion - you can read all about the legal issues and theory in the 21 pages. But here’s a spoiler for the ending: The panel reverses and remands the case with instructions for judgment in favor of Proctor Hospital.

These are two favorites we have for the week, but if you’re so inclined, pass along any other fun reads that you’ve noticed.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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