BRAVO! The US Federal 5th Circuit Court of Appeals GETS IT!!!!!

Whenever judges and lawyers RISE UP and do the right thing for the right reasons we must show our support and our appreciation. The US 5th Circuit Court of Appeals deserves this support and appreciation because they did the right thing for the right reason — BRAVO!

In a strongly worded and remarkable opinion, Gate Guard Services v. Thomas Perez, 14-40585-CV0, a panel of the United States Court of Appeals for the Fifth Circuit, today ordered sanctions against the Department of Labor (DOL) for government misconduct, and remanded the case to the district court for an award to the private litigant of attorney’s fees because of the government’s “bad faith.” Writing for the unanimous Panel which included Judge Catharina Haynes and District Judge Marcia Crone, sitting by designation, Judge Edith Jones began:

It is often better to acknowledge an obvious mistake than defend it. When the government acknowledges mistakes, it preserves public trust and confidence. It can start to repair the damage done by erroneously, indeed vindictively, attempting to sanction an innocent business. Rather than acknowledge its mistakes, however, the government here chose to defend the indefensible in an indefensible manner. As a result, we impose attorneys’ fees in favor of Gate Guard as a sanction for the government’s bad faith. 28 U.S.C. § 2412(b).

– See more at: Seeking Justice

3 Comments

  1. Note one thing, did Gate Guard get relief for the abuse it endured ? No, just attorney fees from the Government of a half of a million dollars which in fact goes to one of their own.

    Providing the normal channel/way & means to get a respectable chunk of that half of a mill of tax dollars kicked back to the judiciary of the Fifth. In my eyes , its just the same M.O. as always.

    Sticking it to us while they continue to line their pockets, while laughing at us for thinking that this is a sure sign of the Fifth got it going on.

    Ya, sure, you betcha, Sven believes ya, okee doke.

  2. In fact upon giving this a micro second of thought, when was the last time any of you ever saw a half a million dollar fee attorney ever send a dairy cow to auction that might still have another gallon of milk left in it? I never have.

    Try this scenario on for size; Council approaches Client Gate Guard in a private meeting. Telling Gate Guard they can assure them the case and attorney fee’s of $560+ or -, if Gate Guard can figure out how to get another 150k to them on the cuff. Just a few non specific expenditures out of the general operating fund should cut that.

    So Gate Guard would save $410k and be done with these creeps.

    So the already ballooned attorney fee’s now become $700k Enough cheese to spread some to other helpful (made it all possible)little rats way. The attorney walks with 4, and the judges get 1 each. Next please?

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