So I wrote about this on another blog about two years ago and was thinking about it again and have come to different conclusions about how things may have happened.  Some of these things are public record and some of them are conjecture based on reasonable analysis.  You can decide if it is plausible or not.

If you are not familiar with the situation, a court filing to the Federal District Court of Utah was filed with some date discrepancies.  The cover page was stamped after hours, then kept back and the full document was filed a couple of days later.  This is bad and reflects badly on the firm that would be responsible for these kind of underhanded tactics.

In a firm full of attorneys, clerks, legal secretaries, and paralegals, only one person was singled out and punished for this behavior.

The supervising attorney has remained untouched from this situation.

Angela Stander in February, 2008 was given a two year suspension (twelvth item) and one year probation thereafter for her role in the filing.  

This federal court case was Boss Industries Inc. vs. Yamaha Motor Corporation.  Snell & Wilmer was representing Yamaha.  Yamaha went on to win the defense of the case.

There were two attorneys names on the pleading, one a fourth year associate out of law school and the other was an attorney with 25+ years litigation experience.  The more experienced attorney still works for the firm.

Firms care about their clients, especially their big clients because that is how you get repeat business and a reputation in the legal world to land the huge cases.  If you were a big firm with a big client like Yamaha, who is more likely to handle the filing of pleadings, especially a request to re-open discovery?  [Discovery is how the parties gather all of the facts they want to use for trial, to settle the case, or to gain other relief through the judicial process].  

This blog leans toward conspiracy thoeries and that the news media very often gets stories wrong.  I think that it is reasonable to believe that the full truth has not been revealed in this case.  

I have no idea what the real story is, but if this is true the junior attorney on the case took the fall for some bad filings because a scapegoat was needed.  There seems to be no depth that some power hungry people will not stoop to in order to preserve their career and people afraid of being fired or other retribution will not step forward to reveal the truth.  

This is all conjecture, but if it is true it is also a very, very, sad comment on life in today’s world.

Did you know the famous Arthur Anderson accounting firm related to the Enron scandal was found not guilty?

On a 9-0 ruling from the U.S. Supreme Court, the conviction of Arthur Anderson was overturned.  Too bad that the company can’t be put back together and the reputations of all of the people involved rehabilitated.  Too bad the U.S. prosecutors who ruined all of these lives and careers won’t face a single bit of accountability for their actions either.

Comments Welcome

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