Tagged: narrowed interpretation of the law

“Today, the Supreme Court continued that tradition in a pair of five-to-four decisions narrowly construing the scope of Title VII’s retaliation and employer liability rules. In University of Texas Southwestern Medical Center v. Nassar, the Court strictly interpreted a statute that Congress enacted to overrule a prior Supreme Court decision, holding retaliation claims to a stricter standard of proof than other forms of discrimination claims. In Vance v. Ball State University, the same majority narrowly defined who counts as a “supervisor” whose discrimination is automatically attributed to an employer. Justice Ginsburg, writing for the Court’s four more liberal Justices, invoked the history of congressional overruling of the Court’s employment discrimination decisions to call upon Congress to once again reverse both decisions issued today.”

There goes that word (“narrowed”) again! Smh! I’m curious to know since 2000, how many employment discrimination and civil rights cases has the Supreme Court ruled in favor of the employee? Given that majority of the justices on the Supreme Court were appointed by Republican Presidents, this  5-4 outcome in favor of employers and corporations will continue to persist in employment discrimination and civil rights related cases until the ideological makeup of the court changes. No matter what the Civil Rights Act of 1964 states or what one argues, the majority white justices always find a way to narrowly apply the statute to the facts of the case —  to the point that over time, the case law becomes ineffective in combating more institutional, systemic and insidious forms of racism and discrimination in the workplace. This is not accidental. Ultimately, the SCOTUS’s decisions in these cases are predetermined due to their overall ignorance and hostility to the civil rights laws of this country. How can this problem be corrected?

Source: Kevin Russell. Court Rules For Employers in Two Employment Discrimination Cases. June 24, 2013. http://www.scotusblog.com/2013/06/court-rules-for-employers-in-two-employment-discrimination-cases/.

“Essentially, all of our complaints filed against the highly unethical attorneys and federal judges have fallen upon death ears. Republican appointed ‘Chief Judge’ Loretta A. Preska has also refused to intervene in both cases against William Morris, so there’s a strong likelihood that despite the facts pled in this [March 17, 2014 Fraud Upon the Court Motion], Castel would continue to blatantly disregard the law, refuse to disqualify himself and issue an Order favorable to William Morris and Loeb & Loeb LLP since racism and corruption throughout America’s judicial system is ‘vertically integrated.’”

And that is exactly what P. Kevin Castel did when he issued his September 5, 2014 Final Order, which confirmed the fraudulently procured “Final Award” of Schnader LLP attorney and board of director for the American Arbitration Association, Timothy K. Lewis. Castel did not even compel William Morris and Loeb & Loeb LLP to respond to my March 17, 2014 Motion [Republican appointed federal judge Robert P. Paterson did the same thing when Leonard Rowe submitted his March 2012 Fraud Upon the Court Motion alleging that his former attorneys from Sonnenschein Nath & Rosenthal LLP (now known as Dentons LLP) conspired with counsel from William Morris (e.g. Michael P. Zweig and Helen Gavaris of Loeb & Loeb LLP) and Creative Artists Agency to conceal smoking gun evidence (e.g. “Exhibit 31”)]. He then issued an Order refusing to disqualify himself, but made absolutely no mention that arbitrator David L. Gregory issued an Award determining liability (and indicating what damages I would receive  or more importantly, that I sought the imposition of extreme disciplinary and monetary sanctions against Michael P. Zweig, Christian Carbone and Loeb & Loeb LLP — including default judgement and more than $250 million —  due to their “pattern” of engaging in “fraud upon the Court” on William Morris’ behalf, intentional violations of numerous rules under the New York Rules of Professional Conduct, as well as violation of New York Law section 487 and other laws.

Since Castel refused to address this issue, I filed a Motion for Reconsideration on April 11, 2014. This was a condensed version of my March 17, 2014 Motion. Once again, William Moris and Loeb & Loeb LLP submitted no oppositional Motion. I later asked for an oral hearing by letter and Castel denied it as being “moot,” but it is clear that based on the procedural and substantive complexity of the issues presented and the numerous factual errors and omissions contained in Castel’s Final Order, we should have discussed the various issues that were raised in these two Motions (e.g. disqualification of federal judges, “fraud upon the Court,” partially confirming Arbitrator Gregory’s Partial Final Award, the finality of Arbitrator Gregory’s Partial Final Award, the illegality of Arbitrator Gregory’s disqualification, etc.) “under oath” or before an impartial jury — especially since P. Kevin Castel took the drastic measure of imposing a filing injunction against me and prejudicing my appeal by saying it would not be made in “good faith.”  When Castel issued his Final Order, he once again made no mention of the pyramid of evidence I presented which proves beyond a reasonable doubt that I have been defrauded and deprived of my constitutional and statutory rights under the color of law due to the “highly unethical and criminal” actions of William Morris, Loeb & Loeb LLP, Michael P. Zweig, Christian Carbone, Timothy K. Lewis and many others, including P. Kevin Castel himself [majority who just so happen to be white and/or “Jewish” males]. Castel has always acted as an attorney for the Defendants and their counsel by issuing one-side opinions that distort the facts and flout the law. As a result of the fraud engaged in by the Defendants, Loeb & Loeb LLP, the American Arbitration Association and Timothy K. Lewis, this gave the racist and corrupt, Republican appointed federal judge the pretext that would allow for William Morris to obtain a favorable verdict without a jury trial and make it appear like I engaged in extreme “bad faith” throughout the entire case in order to justify imposing a filing injunction against me that would  prevent me from pursuing claims of fraud, obstruction of justice, conspiracy to interfere with human rights of African Americans, etc. in a separate case.

In the same way that that the term “fraud upon the Court” cannot be found in Castel’s Final Order, Castel has never once discussed the Civil Rights Act of 1964 and New York City Human Rights Law or demonstrated that he has an understanding of the statute’s public policy goals. He has never discussed the unrefuted historical, statistical, circumstantial, anecdotal and other forms of evidence that I have presented spanning 116 years which proves intentional violations of federal, state and local law prohibiting discrimination in employment on the basis of race, color and national origin, which occurred before, during and after my employment or mentioned that there were zero African American Agents, Coordinators or Agent Trainees employed at the company’s New York City office when I began in September 2008, that my claims also included disparate impact or that I sought permanent injunctive and affirmative relief. From the beginning, Castel tried to make it seem like this was an isolated case of individual disparate treatment and that this evidence was irrelevant. This was an argument that was later used by Loeb & Loeb LLP in arbitration, while calling my racist and “anti-Semitic.” In the same way that Castel narrowed the claims that I raised in my 80 page Complaint and Oppositional Motion to Arbitrate, he narrowed every single argument that I made in my March 17, 2014 Fraud Upon the Court Motion and misapplied the law. Based on Castel’s actions in this case, it is now clear that all of his decisions were predetermed. Castel has violated the Constitution, numerous Canons under the Judicial Code of Conduct and his Oath of Office in order to ensure that the merits of my case were not decided by an impartial jury, Castel’s unlawful actions have wasted nearly four years of my life and he must be held accountable for his actions because “no man is above the law.” He has intentionally deprived me of my constitutional and statutory rights under the color of law, and is engaging in a larger conspiracy to interfere with the human rights of people of African descent, or in the alternative, conspiring to maintain global white/”Jewish” supremacy (racism).

Source: Plaintiff’s March 17, 2014 Fraud Upon the Court Motion, 81; Pl. Fraud Upon the Court Petition, 15.

if a company is intentionally breaking the law with “malice and/or reckless indifference” to the federally protected rights of African Americans, should the violator of the law have the power to determine who has exclusive jurisdiction to decide any aspect of a case against them if and once they are finally caught? is that conscionable or unconscionable?

“I will say this, when I first saw the list [“Exhibit 31”], there was very little information on it. After I saw the Claimant’s papers…there was a great deal more information on that document and it sounds like much of it, if not all of it, but much of it came through the Claimant’s endeavors and in some part of the Claimant’s papers, the Claimant Mr. Washington talks about staying several days in the federal courts going through documents to do [his] best to comply with my requests for more specificity. And now, we have a document, thanks to Mr. Washington’s efforts primarily it seems, that has significantly more information on it than did the original copy…” — Arbitrator David L. Gregory, July 30, 2013.

This was stated two weeks AFTER Arbitrator Gregory issued his second Interim Decision on July 15, 2013, which pretended that I did not submit a pyramid of evidence demonstrating that “Exhibit 31” was an authentic document. On July 26, 2013 I submitted my Motion for Clarification and Modification, addressing the numerous factual errors contained in the decision. Four days later, Arbitrator Gregory held a conference call and stated the above quote, and many other things that he purposefully chose not to say in his second Interim Decision. Even though I submitted no additional evidence regarding “Exhibit 31,” Arbitrator Gregory admitted the document into the evidence of record in his third Interim Decision on September 25, 2013 and ordered William Morris to pay the costs of my e-discovery expert to retrieve the underlying e-mails that had been concealed for more than a decade. Right before I was set to acquire this evidence, Arbitrator Gregory abruptly “suspend[ed]” discovery and cancelled the oral hearing. He instead instructed both parties to submit Final Position Statements before he issued his “final” decision. In his final decision, he still continued to act on the fence about the document and then tried to state that nothing would have been produced from the search! Smh

William Morris and Loeb & Loeb LLP would like for people to believe that I bullied Arbitrator Gregory into being honest and admitting “Exhibit 31” into the evidence of record after Republican appointed federal judge Robert P. Patterson in Rowe Entertainment v. William Morris Agency et al. (98 Civ. 8272) stated in January of 2005 that “Exhibit 31” was “unidentified and unauthenticated document” and concluded that it was “irrelevant” and “inadmissible” buried deep within the footnotes of a 175 page Order in William Morris’ favor, and then stated in 2012, that Rowe’s claims that his former attorneys at Sonnenschein Nath & Rosenthal LLP (now known as Dentons LLP) conspired with attorneys for Loeb & Loeb LLP and Weil Gostshal & Manges LLP to ensure that any smoking gun evidence generated would not be deemed admissible in a court of law by violating the protocol set forth by Magistrate Judge James C. Francis and agreeing to inform the class of black concert promoters that “no derogatory terms” were found even if they were, was full of “hot air and paranoid suspicions.” Although all four of Leonard Rowe’s former attorneys have stated that no derogatory terms were ever found, SNR has never claimed that this document is fraudulent and the name of their law firm name is clearly listed on the header of the document [because it was faxed to the Willie Gary Firm on October 15, 2002 after Leonard Rowe discovered the document on the desk of his attorney Raymond Heslin]. Patterson did everything in his power to remove guilt from the predominately white/”Jewish” institutions and individuals that engaged in this highly unethical and criminal conduct that ultimately prevent an impartial jury from deciding the merits of Rowe’s claims, and placed full blame on the Willie Gary Firm [although he is not entirely innocent as well]! Racism is truly a mental disease! Patterson is now 90+ years old and it is pretty obvious, that he is unfit to serve on the bench and needs to be impeached immediately!

Not surprising that Republican appointed federal judge P. Kevin Castel makes no mention of “Exhibit 31” or that I have alleged that Michael P. Zweig and Loeb & Loeb LLP have engaged in a “pattern” of  “fraud upon the Court” in his Final Order, which confirmed the fraudulently procured Final Award issued by Schnader LLP attorney Timothy K. Lewis dismissing my case with prejudice although the original arbitrator ruled in my favor, granted William Morris $43,707.20, imposed a filing injunction against me, stripped me of my in forma pauperis status although my financial circumstances have only worsened since being granted this status by Chief Judge Loretta A. Preska in January of 2011 and lastly, prejudiced my appeal by stating that it would not be made in “good faith” [if i could afford it]…Smh.

Castel has intentionally violated numerous canons under the Judicial Code of Conduct, as well as violated his Oath of Office, in order to deprive me of my constitutional and statutory rights under the color of law. This is part of a larger conspiracy by those who classify themselves as white to interfere with the human rights of people of African descent because at the end of the day, William Morris is still being allowed to violate the Civil Rights Act of 1964 and maintain its discriminatory employment practices, policies and procedures with reckless disregard for the federally protected rights of African Americans and people of color while being allowed to state to the world and their employees that they do not discriminate against African Americans. Castel actions were premeditated and no matter what the law stated, he was going to ensure that the merits of my case were never decided by an impartial jury. He must also be held accountable for his unlawful and highly unethical actions.