Sunday, October 16, 2016

Sandy Hook - Legal Updates 10/16/16

This article covers updates on the following cases-
Soto et al vs Bushmaster et al - Dismissed
Lewis et al vs Newtown et al - Ongoing
Jonathan Reich vs - Ongoing with dismissal motion 10/28/16 *
State of Connecticut  vs Jonathan Reich  - Reich is wanted with $100,000 warrant for his arrest.
Wolfgang Halbig vs John Doe bloggers - Halbig loss- on appeal
Wolfgang Halbig vs Errol Property - Halbig loss
Lenny Pozner versus Wolfgang Halbig - Ongoing
William Shanley's frivolous "trillion dollar" lawsuits - All dismissed. Appeals dismissed.
James Tracy vs. FAU - Ongoing

Update 10/24/16: Note on Reich vs Patch - The hearing for 10/24/16 was adjourned and Patch's motion for dismissed is scheduled for 10/28/16 at 10:00 am.

Sandy Hook Lawsuit Dismissed - versus Remington, Bushmaster, etc 

In national news right now is the dismissal of this case.

This lawsuit boiled down to the federal gun manufacturer shield law and that law prevailed.  This blog has published the opinion that the lawsuit would likely be dismissed due to the shield law (December 15, 2014).  The intent of that federal law is to shield gun companies from lawsuits such as this so long as the weapons work properly and were lawfully sold. At Sandy Hook, the legally purchased Bushmaster XM15 (AR-15 style weapon)  performed as designed and 20 children and 6 teachers were slaughtered in minutes. Therefore, the gun companies are shielded from liability.

The text of the 54 page decision may be read here:

The Protection of Lawful Commerce in Arms Act (PLCAA)

An appeal has been promised.

Sandy Hook Lawsuit versus Newtown
The Jesse Lewis estate and the Noah Pozner estate are suing Newtown alleging, essentially, negligence and failure to follow procedures at Sandy Hook School.

Most facts of the shooting itself are not at issue.
Shooter entered the school, first killing the principal (Daw Hochsprung) and the school psychologist (Mary Sherlach)

Allegation screen cap

Newtown's response:

The shooter then entered classrooms 8 and 10 and killed 20 

The case is still pending.

Jonathan Reich vs

Jonathan Reich's lawsuit versus the Patch is still pending. has filed a motion to dismiss due to a clearly exceeded statute of limitations. That motion is currently set for 10/24/16.  Hoaxers are still using the lawsuit to shill for fundraising dollars while intentionally failing to tell their cult members that the statue of limitations expired in 2014.
Case # 156787/2016

State of Connecticut  vs Jonathan Reich
Entire Case and motions on hold.  Jonathan Reich is wanted with a $100,000 warrant for his arrest for Failing to appear in court.

Lenny Pozner versus Wolfgang Halbig

Lenny Pozner sued Wolfgang Halbig for publishing private facts.  Wolfgang filed an answer. Halbig's attorney was then fired or removed from the case in some manner, and Halbig decided to proceed Pro Per (without an attorney).  Halbig's first act as his own attorney was a laughable poorly worded attempt to demurer to a complaint he already answered denied.  You can't do that!

Halbig has also refused to answer discovery.

Pozner filed a motion to strike Halbig's ill conceived demurer, in addition to a request for sanctions and attorney fees.  Halbig is delaying proceedings with nonsense motions and refusal to answer simple questions.

Instead of complying with disocover, Halbig responded by filing his "Citizen's Complaint" against the Lake County Sheriff's Department (as if that has any relevance at all).

Never was the saying "A defendant who represents himself has a fool for a client" more true than with Halbig's filings in the Lake County case. Mr. Pozner should get more attorney fees just for having to read  Halbig's second frivolous filing; and Pozner just might!

If you want to  read Halbig's complaint versus Lake County Sheriff, you can read it here:

The ongoing lawsuit may be viewed here

Wolfgang Halbig versus Debunker Bloggers

Wolfgang Halbig, and his Orlando attorney Cynthia Conlin sued several Sandy Hook debunker bloggers in an obvious attempt to chill free speech and silence Sandy Hook Hoax debunking.  The debunking of Halbig's statements has cut into his income.

Halbig did not prevail and his case is closed.  Included in his ill conceived  lawsuit was Sandy Hook Facts, despite the fact Sandy Hook Facts had no link to the case and facts Halbig alleged. Sandy Hook Facts is based in California and a battle was fought in California courts.  Halbig lost that battle too.  He presently owes over $25,000 in attorney fees and interest to Sandy Hook Facts. The case remains on appeal as Halbig's attorney has caused delays with errors.  Halbig is appealing the decision and Sandy Hook Facts cross appealed for more attorney fees. Sandy Hook Facts also seeks attorney fees for the appeal case itself. If Sandy Hook Facts prevails, Halbig could owe Sandy Hook Facts about  $75,000; a just award for Halbig's disgusting attempt to chill free speech.  
Search for "Halbig"

Halbig has been on air promising more lawsuits versus Debunkers. 

Wolfgang Halbig versus Errol Property Owners Assoc
Wolfgang Halbig claims he fell. Halbig attempted to sue a property owner adjacent to the city owned sidewalk where he claims he fell.  Halbig lost, of course, pretrial.

On 9-29-16 the defense was was awarded $3,954.30 in attorney fees.  This could account for Halbig's renewed fund raising efforts as he attempts to pay that judgment.  There is no record that Halbig has paid his debt.

William Shanley's Lawsuits

William Shanley's final frivolous appeal regarding his dismissed frivolous lawsuits was dismissed by a federal judge a few days ago. Shanley has no more pending litigation regarding Sandy Hook.

Shanley bragged about his lawsuit on Sandy Hook Hoax group last month:

Shanley's case was dismissed by the appellate court on 10-13-16.

James Tracy versus Florida Atlantic University

James Tracy's wild eyed conspiracy allegations did not pan out and he had to file an amended complaint removing several defendants from the suit.  Discovery in the case is ongoing and a motion to dismiss is currently pending.


Anonymous said...

"State of Connecticut vs Jonathan Reich
Entire Case and motions on hold. Jonathan Reich is wanted with a $100,000 warrant for his arrest for Failing to appear in court."

So, Jonathan Reich IS A COWARD...too afraid to face his accusers in court? Shocker.

Anonymous said...

How about the FOIA on the shooters computer documents?

Anonymous said...

Any new on the Dave Altimari FOIA on the shooters records and documents? Do you know if any information was released to the families to maybe help them understand any of the tragedy? said...

THe appeal is ongoing and in it's early stages. I forgot to include that case. The preliminary "issues on appeal" docs were filed. There are no real updates on that case.

Thanks for the reminder!