Daily Archives: October 6, 2011

Occupy Wall Street, Judge Larimer and System Failure

I notice that the angry mob hasn’t gone to Silicon Valley to protest.  Somehow, no matter how rich or prominent he got, Steve Jobs inspired widespread admiration.  Maybe it has something to do with the fact that his business involved producing real “instruments” and not murky financial ones.

I’ve talked about civil unrest before, how it is properly understood as a rebuke to lawyers and judges.  Judges especially, I think.  There’s only so much lawyers can do.  But they try.  At least Christina Agola did.

There was a mildly interesting article in Rochester’s Democrat and Chronicle yesterday:

“While the maxim, ‘If at first you don’t succeed, try, try again’ may be sound advice for everyday living, it is not always a good rule to follow where litigation is concerned,” U.S. District Judge David Larimer wrote in dismissing the lawsuit from businessman John Casciani…

From 2003 to 2006 Casciani landed his copter on a helipad behind his Webster home in The Bluffs development. But in 2006 the town passed a law prohibiting private aircraft from taking off or landing in Webster.

Casciani sued, claiming that the law unfairly targeted him. In 2009, Larimer dismissed the lawsuit, saying the legal complaint was rife with hearsay but devoid of factual allegations. Casciani also claimed he was discriminated against because he is Italian-American, an allegation that Larimer determined lacked substance.

Casciani’s attorney, Christina Agola, filed a second lawsuit after the dismissal. In his decision released today, Larimer said that the new complaint generally mirrored the first, with only several new allegations added. Most allegations “are virtual duplicates of the allegations … in Casciani I,” Larimer wrote.

The second lawsuit, Larimer wrote in a stinging opinion, “is so egregious as to be potentially sanctionable.”

There is nothing terribly sympathetic, in political terms, about a guy who insists on operating his private helicopter from his private helipad in his no doubt ample backyard in the middle of an otherwise quiet and tony suburb.  Let’s note that at the outset and then get past it.

Continue reading

8 Comments

Filed under financial crisis, Judicial lying/cheating, Striking lawyers, wrongful convictions