Marty Rathbun & the Headley Labor Cases

If this were talk radio, this would be the time I would be saying that I was a long-time listener, but first-time caller.  And just so you know, I graduated from law school, but woke up the next morning knowing that the last thing I ever wanted to do was practice law.  And I never have.

By now the word is pretty much everywhere that a federal judge in Los Angeles pulled the plug on both Headley labor cases against CSI and RTC.  Both cases had been on life support for a while, but now they are both stone cold, nail in the coffin, let’s get drunk at the wake dead.

I remember reading that Marty did a real thorough analysis of the Headley Labor Cases, and he supposedly had an “epiphany” at Headley’s house when visiting him two months ago.  He came up with the “brilliant idea” of a last minute Marty “Slam Dunk” Rathbun declaration that was going to stagger the Judge,  shock the Justice Department, rattle the Attorney General, whip the Supreme Court into a frenzy, and rock the Casbah.  It was such a sure winner that Headley and Marty got drunk in celebration and started laughing all the way to the bank with what the Headley cases were suddenly worth.  Well, it didn’t quite work that way.

You really need to understand what the judge did.

Technically, what federal Judge Dale Fischer did was to grant RTC’s and CSI’s motions for summary judgment.   That is a really significant point, and one I haven’t seen addressed here or anywhere else.  It isn’t easy to lose a summary judgment motion.  In fact, your case has to be completely worthless for you to lose on summary judgment.  Why?  Because to lose a summary judgment, the judge has to examine the evidence, assume everything the plaintiff says is true, and then conclude with certainty that the plaintiff’s claims are so lacking in any merit that they don’t even justify having a trial.

A lawyer friend – one who actually practices law – explained it this way.  “What the judge does is gather up all the evidence the parties submit to determine if there is any reason to have a trial.  Ultimately, the Judge takes all of the plaintiff’s evidence and gives it full credit and the benefit of every inference and every doubt, and after all that says ‘OK, even if you prove all that, so what?’”

Which obviously raises another issue.  Marty Rathbun jumped into the Headley cases to oppose the summary judgment motions RTC and CSI brought.  He gave the Heads a 30+ paragraph sworn statement to explain to the Judge why their claims were more than empty allegations and why the Headleys were entitled to put their charges to a jury.  Marty called upon all of his legal “expertise,” all of his “experience” in the trenches of Church litigation, all of his insider knowledge of the Church’s litigation “playbook,” and every single self-serving accusation and lie he could muster to raise any issue – anything­ – in order to justify having a trial.

He couldn’t do it.  He couldn’t even lie enough to breathe any life into the bogus claims.  It was another Rathbun litigation disaster.  Just another time when Marty Rathbun’s self-proclaimed signature skill in courtroom battles ended once again in catastrophic failure.

At this rate, the only thing Marty Rathbun appears to be good at is giving bullshit a bad name.

Claire Headley Docket

Marc Headley Docket

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