 Linda's Litigation |
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 Apr 16 2007, 12:52 PM
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#1
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500 + posts  Group: Members Posts: 857 Joined: 6-April 06 Member No.: 1,664 Gender: m  |
Most of you probably know that Linda Shelton and Danny Shelton are litigating certain unresolved issues that were not settled by the Guam divorce decree.
Recently Linda changed from the attorney who had represented her in the past to a new attorney, named Laird Heal. located in Massaschusets. The major point of interest in this is that Mr. Heal works quite closely with a man named Gailon A. Joy. Gailon A. Joy, as you know, is associated with the Internet site: www.save3abn.com People in the past have laughed at some of the claims made by Mr. Joy in regard to statements that he would aggressively defend against any lawsuits filed against him, and that he was able to help obtain legal representation for people who might be sued. O. K. if we watch the play of this litigation, we may get an idea as to the quality of representation that Mr. Joy is able to obtain. Some of us believe that this is a significant change in the legal climate. -------------------- Gregory Matthews posts here under the name "Observer."
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Apr 16 2007, 01:29 PM
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#2
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 500 + posts Group: Members Posts: 894 Joined: 18-September 06 Member No.: 2,262 Gender: m |
QUOTE(Observer @ Apr 16 2007, 12:52 PM) [snapback]191631[/snapback] Some of us believe that this is a significant change in the legal climate. Unpack that a little, please ... 
-------------------- "The entire world is falling apart because no one will admit they are wrong." -- Don Miller, Blue Like Jazz. |
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Apr 16 2007, 01:48 PM
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#3
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500 + posts Group: Members Posts: 857 Joined: 6-April 06 Member No.: 1,664 Gender: m |
QUOTE(SoulEspresso @ Apr 16 2007, 01:29 PM) [snapback]191640[/snapback] Unpack that a little, please ... 1) It could mean a difference in litigation stratage, and approach. But, that is unknown at this time. 2) The relationship with this new attorney and GAJ is of interest. This current litigation provides an opportunity, in a court of law, for Danny Shelton to be questioned in regard to issues that have been discussed in other venues, but that are clearly related to the issue current being litigated. The depth of this opening may be staggering? It is possible that information that GAJ has could be quite helpful to the lawyer as the current case is litigated. The word is "discovery" and this has just been opened up. Well, only time will tell, and all such is speculaltive. This post has been edited by Observer: Apr 16 2007, 01:49 PM -------------------- Gregory Matthews posts here under the name "Observer."
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Apr 16 2007, 09:03 PM
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#4
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Advanced Member  Group: Members Posts: 153 Joined: 25-July 06 Member No.: 1,934 Gender: f |
QUOTE(Observer @ Apr 16 2007, 02:48 PM) [snapback]191643[/snapback] 1) It could mean a difference in litigation stratage, and approach. But, that is unknown at this time. 2) The relationship with this new attorney and GAJ is of interest. This current litigation provides an opportunity, in a court of law, for Danny Shelton to be questioned in regard to issues that have been discussed in other venues, but that are clearly related to the issue current being litigated. The depth of this opening may be staggering? It is possible that information that GAJ has could be quite helpful to the lawyer as the current case is litigated. The word is "discovery" and this has just been opened up. Well, only time will tell, and all such is speculaltive. Observer: Is there any indication that litigation of any sort is in the near by timeline?  I.E. Danny against . . . anybody?  Is there any indication of action regarding Tommy and his problems?  Just wonderin'.  GT |
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Apr 17 2007, 04:11 AM
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#5
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500 + posts Group: Members Posts: 857 Joined: 6-April 06 Member No.: 1,664 Gender: m |
QUOTE(GrammieTana @ Apr 16 2007, 09:03 PM) [snapback]191673[/snapback] Observer: Is there any indication that litigation of any sort is in the near by timeline? I.E. Danny against . . . anybody? Is there any indication of action regarding Tommy and his problems? Just wonderin'. GT We are not aware of any indication that any litigation other than current litigation between Linda and Danny is about to begin. However, any such would likely come without warning, and begin by someone being served papers. Some of us believe that this change in Linda's attorney would result in Danny's law team carefully looking at it to determine if any of their strategy needs to be reevaulated. If so, that would simply be a reasonable assumption, and mean nothing more than that. So, the bottom line is that we do not attach any special meaning to anything, and we simply wait to see what will happen next, realizing that in complex cases like this one, time may pass slowly for a while. -------------------- Gregory Matthews posts here under the name "Observer."
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Apr 17 2007, 06:05 AM
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#6
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500 + posts Group: Members Posts: 857 Joined: 6-April 06 Member No.: 1,664 Gender: m |
Some time back when a law firm sent Mr. Joy a letter that is thought to have threatened litigation, I made the following comments about that law firm:
1) It has some competent, well respected attornies on its staff. 2) Some of its lawyers like to settle out of court, and some like to aggressively litigate. 3) The attorney who signed the letter is a competent, aggressive litigatior. So, now, what do I have to say about Linda's new attorney? There is a general legal expectation in the United States that an attorney will not begin litigation unless there is a likelyhood that the attorney will prevail. An attorney who violates that expectation may be subject to a disciplinary hearing before a professional panel, or that attorney may face a "misuse of process" lawsuit by the other party. Typically lawyers to not like to file lawsuits against other attorneys. It is not easy to find one willing to do so. Linda's new attorney is quit willing to do such. It is even harder to find an attorney who will file a personal action against a judge who has issued an adverse ruling against a client. Typically the attorney will file an appeal, and that is done all the time. But to file a personal action against a judge is very rare. In a recent case, Linda's attorney asked the judge to issue a ruling based upon Federal law. In the case of a conflict between Federal and State law, typically Federal law will trump State law. In this case, the judge issued a ruling based upon State law. Linda's attorney has filed against the judge for a failure to follow Federal law. What does this mean? It means that Linda has a attorney who will aggressively litigate. It also tells us that while 3-ABN has retained a law firm that has aggressive litigators on its staff, Mr. Joy is well able to retain such lawyers. It suggests that if future legal action is filed against Mr. Joy, and/or the people he says he will assist in defending, there should be interesting legal sparks. The opposing sides may very well be nicely matched, at least. -------------------- Gregory Matthews posts here under the name "Observer."
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Apr 24 2007, 05:55 PM
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#7
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 1,000 + posts  Group: Members Posts: 1,521 Joined: 17-October 04 From: Iceland, formerly Denmark, Norway, USA, Sierra Leone, Nigeria, Faeroe Islands. Bound for Heaven. Member No.: 686 Gender: m |
QUOTE(GrammieTana @ Apr 17 2007, 05:03 AM) [snapback]191673[/snapback] Observer: Is there any indication that litigation of any sort is in the near by timeline? I.E. Danny against . . . anybody? Is there any indication of action regarding Tommy and his problems? Just wonderin'. GT Our prayers are solicited in connection with Linda and the new attorney's first appearance before the judge in Southern Illinois. Let's pray this meeting will make a good start. . . -------------------- "Any fact that needs to be disclosed should be put out now or as quickly as possible, because otherwise the bleeding will not end." (Attributed to Henry Kissinger) "He who passively accepts evil is as much involved in it as he who helps to perpetrate it" (Martin Luther King) |
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Apr 24 2007, 07:10 PM
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 Advanced Member Group: Members Posts: 306 Joined: 30-June 06 From: Atlantic Canada Member No.: 1,851 Gender: m |
Do you know when this first meeting before the judge will take place?
-------------------- In His Love, Mercy, and Grace!
Daryl Fawcett Administrator Maritime SDA OnLine http://www.maritime-sda-online.com |
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Apr 24 2007, 08:08 PM
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 1,000 + posts Group: Members Posts: 2,251 Joined: 25-August 06 Member No.: 2,169 Gender: f |
QUOTE(Daryl Fawcett @ Apr 24 2007, 05:10 PM) [snapback]192821[/snapback] Do you know when this first meeting before the judge will take place? Daryl, Looks like tomorrow, April 25 at 1:30pm. Link to Franklin County Court Info -------------------- Got Peace?
John 14:27 Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. "Truth welcomes examination and doesn't need to defend itself, while deception hides in darkness and blames everyone else." Aunt B, 2007 |
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Apr 24 2007, 08:11 PM
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#10
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 Advanced Member Group: Members Posts: 425 Joined: 17-March 07 Member No.: 3,207 Gender: m |
QUOTE(Daryl Fawcett @ Apr 24 2007, 07:10 PM) [snapback]192821[/snapback] Do you know when this first meeting before the judge will take place? i've been wondering if linda's litigation only has to do with the divorce? could this merger be a protection effort for 3abn in some way if her new attorney has said something to DS and WT? can she sue or litigate the undue firing and the slander from 3abn without hurting 3abn? seems linda wouldn't want to sue 3abn. is it possible this merger plus danny & walt moving out of postion would have anything to do with this litigation not affecting 3abn? i mean, might linda's lawyers say to them, "you might consider getting out of 3abn so the suit can be against individuals and not 3abn."? any litigators out there that can give a theory on these questions? -------------------- Thess. 2:16-17 - Now may our Lord Jesus Christ Himself, and our God and Father, who has loved us and given us everlasting consolation and good hope by grace, comfort your hearts and establish you in every good word and work."
[quote: fine art] "Instead we seem to be using sensationalism, emotionalism, moving lights and motivational speakers that are prepared to manipulate, by well chosen words, the minds of the listeners. It used to be, messages that were given by our pioneers were wrenched from the depths of the heart by the Holy Spirit. Humor was not added to get that laugh of entertainment. Drama was not introduced behind the sacred desk to glue your attention. Man's Rationale has replaced a cry for God's wisdom." "How To Be Free From Bitterness" ( booklet written by Jim Wilson of Community Christian Ministries, Moscow, Idaho - E-mail: ccm@moscow.com ) |
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Apr 24 2007, 08:15 PM
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#11
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1,000 + posts Group: Members Posts: 2,251 Joined: 25-August 06 Member No.: 2,169 Gender: f |
I notice that Danny's attorney is listed as D. Michael Riva. My research shows that he is a Real Estate attorney. I couldn't find anything on him as to his qualifications in family law or divorce. Of course, not being of a legal background I don't know if that has any significance whatsoever.
-------------------- Got Peace?
John 14:27 Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. "Truth welcomes examination and doesn't need to defend itself, while deception hides in darkness and blames everyone else." Aunt B, 2007 |
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Apr 24 2007, 11:03 PM
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#12
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1,000 + posts Group: Members Posts: 1,521 Joined: 17-October 04 From: Iceland, formerly Denmark, Norway, USA, Sierra Leone, Nigeria, Faeroe Islands. Bound for Heaven. Member No.: 686 Gender: m |
QUOTE(mozart @ Apr 25 2007, 04:11 AM) [snapback]192830[/snapback] i've been wondering if linda's litigation only has to do with the divorce? could this merger be a protection effort for 3abn in some way if her new attorney has said something to DS and WT? can she sue or litigate the undue firing and the slander from 3abn without hurting 3abn? seems linda wouldn't want to sue 3abn. is it possible this merger plus danny & walt moving out of postion would have anything to do with this litigation not affecting 3abn? i mean, might linda's lawyers say to them, "you might consider getting out of 3abn so the suit can be against individuals and not 3abn."? any litigators out there that can give a theory on these questions? I have been wondering too. 
-------------------- "Any fact that needs to be disclosed should be put out now or as quickly as possible, because otherwise the bleeding will not end." (Attributed to Henry Kissinger) "He who passively accepts evil is as much involved in it as he who helps to perpetrate it" (Martin Luther King) |
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Apr 25 2007, 03:33 AM
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#13
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500 + posts Group: Members Posts: 857 Joined: 6-April 06 Member No.: 1,664 Gender: m |
Linda's current litigation is focused on the resolution of the unresolved issues left over from the Guam divorce. Issues outside of that could (?) be the subject of other litigation. But, that would have to be a future decision. It is posssible (?) that information could come out in this marital litigation that would be the basis for other litigation later. We will just have to wait and see. Yes, the next hearing is scheduled for today. -------------------- Gregory Matthews posts here under the name "Observer."
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 Apr 25 2007, 09:17 AM
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 Regular Member Group: Members Posts: 42 Joined: 20-April 07 Member No.: 3,399 Gender: f |
QUOTE(Observer @ Apr 25 2007, 05:33 AM) [snapback]192855[/snapback] Linda's current litigation is focused on the resolution of the unresolved issues left over from the Guam divorce. Gregory, I have a question. Some have commented on Linda's lack of contesting the divorce. When Danny went to Guam to get the divorce, was there any way for Linda to actually contest the divorce? I mean, was she served papers? Was there due process? I know that it took some time to have the divorce declared legal. Can you comment on that, or have you already done so in a thread I have not yet read? I am not asking for whatever personal reasons she had for whether or not she contested the divorce, but if it was even possible for her to contest the divorce from a legal standpoint. -------------------- The joy of the Lord is my strength.
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Apr 25 2007, 09:33 AM
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#15
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 500 + posts Group: Banned Posts: 655 Joined: 6-December 06 From: USA Member No.: 2,621 Gender: f |
QUOTE(Grith @ Apr 25 2007, 11:17 AM) [snapback]192888[/snapback] Gregory, I have a question. Some have commented on Linda's lack of contesting the divorce. When Danny went to Guam to get the divorce, was there any way for Linda to actually contest the divorce? I mean, was she served papers? Was there due process? I know that it took some time to have the divorce declared legal. Can you comment on that, or have you already done so in a thread I have not yet read? I am not asking for whatever personal reasons she had for whether or not she contested the divorce, but if it was even possible for her to contest the divorce from a legal standpoint. To contest a divorce all you have to do is say I don't want a divorce and refuse to sign, or disagree on even "one" issue, and it becomes a contested divorce. Regardless of which one files, a uncontested divorce is where both parties agree beforehand to be divorced and on all terms and the judge merely validates their agreement. QUOTE http://www.legalmatch.com/law-library/arti...ed-divorce.html What is the Difference between Contested and Uncontested Divorce? There are two kinds of divorces – contested and uncontested. These terms simply refer to whether both parties want the divorce and are able to come to an agreement about related issues. What is an Uncontested Divorce? An uncontested divorce is one in which both spouses agree to both the divorce and all issues related to it – including child custody and alimony. Uncontested divorces are preferable to both spouses as well as children, since it is far less expensive and takes less time than contested divorces. Uncontested divorces do not require a court hearing. What is a Contested Divorce? A contested divorce is one in which both spouses cannot come to an agreement on all the issues relating to the divorce, or in which one spouse does not want to go through with the divorce. Common issues that spouses cannot agree on include child support and alimony, as well as property division. If these issues cannot be resolved and remain contested, the divorce will proceed to court. This post has been edited by Aletheia: Apr 25 2007, 09:34 AM -------------------- And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I am the LORD. .. in righteousness shalt thou judge thy neighbour.
Thou shalt not go up and down as a talebearer among thy people: neither shalt thou stand against the blood of thy neighbour: I am the LORD. Thou shalt not hate thy brother in thine heart: thou shalt in any wise rebuke thy neighbour, and not suffer sin upon him. Thou shalt not avenge, nor bear any grudge against the children of thy people, but thou shalt love thy neighbour as thyself: I am the LORD. Lev 19:12-18 Pro 26:20 Where no wood is, there the fire goeth out: so where there is no talebearer, the strife ceaseth. |
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