Justice and Freedom for Authors


"The freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions." - Sandra Day O'Connor

Below please find my response to a friend and colleague who had a personal encounter with Federal Judge William E. Smith.  My friend asked me about Smith's actions and decisions during Toray Plastics' America's lawsuit against me.  

Following please find the facts of my professional legal experiences with RI Federal Court Judge Smith and Magistrate Patricia A. Sullivan.  

Facts:

In March 2023 Toray dismissed my case, with prejudice, and paid my considerable legal bills. I signed nothing. This suggests they admitted the case was frivolous and neither Toray or Smith wanted the case to be heard in public. 

Toray dismissed 51 months after filing the lawsuit in December 2018.  Normal federal court filing to hearing time is 12 to 14 months.  

Smith and Magistrate Sullivan were former law partners whose firm likely served Toray.  Toray's counsel clerked for Sullivan. None of this was disclosed.  No one recused themselves. 

"The collusion of big business, big labor, and big government threaten the spirit of small business that makes America great." - Foster Friess

Toray filed in 12/2018.  I was assigned a mediation with Sullivan and Toray in 12/22. 

I refused to settle because there was nothing to settle.  I did nothing wrong and broke no laws in writing my book. This made Sullivan ballistic.  She was not impartial.  

In August 2022 Smith granted me partial summary judgement, meaning he found some of Toray's claims non admissible, yet stated the case was still worthy of a jury fact find, or trial.

Then, in March of 2023, he refused to hear the case because, I am guessing, the public would question him about agreeing to hear a case lacking sound evidence.  So, Toray dismissed.  

Toray was mad at me for  investigating, by their request, a legitimate shooting threat caused by a deranged manager and my elevating the report to Japanese execs who requested it. Their suing me had nothing to do with the book. 

One American Toray executive, in particular, was jealous and triggered by my book and was behind the case. In Japan, Corporations like Toray consider suing individuals shameful and dishonorable.  

Smith has a reputation for aligning his trial decisions with RI corporations at the expense of the little guy.  He demonstrated this in my case. 

His 51 months of  delays stalled my book's momentum.  His reasons for not granting us summary judgement and for hearing the case were not clear or justified. 

I found his decisions and actions conflicted with my Constitutional Rights to Free Speech and to a Fair Trial. 

I've been advised It's best not to criticize justices and their decisions in public. To this point, I've directed my posted ire at Toray wronging me, and Smith assisted them. 

However, I agree with former Superior Court Judge, Sandra Day O'Connor who said, "the freedom to criticize judges and other public officials is necessary to a vibrant democracy. The problem comes when healthy criticism is replaced with more destructive intimidation and sanctions."

Regardless, my being bullied by Toray and RI Federal Court Justices makes a good addendum for my first book as I have the rights and freedom to write about the case. It is in the public domain.

"Justice will not be served until those who are unaffected are as outraged as those who are." - Benjamin Franklin

Comments

Post a Comment

Popular posts from this blog

Absolute Power Corrupts Absolutely

Image
Author's Note: Joe Paterno was fired as Penn State's football coach on Wednesday November 9, 2011. Joe Paterno died Sunday January 22, 2012. He was eighty five years old and lived, for most of his life, like a king. My mother received her early death sentence, melanoma in her lymph system, when she was 35. She died when she was 44. I was seventeen. Since then, I've respected the dead and their families, and focus on their contributions and accomplishments when they pass. Thus, I off lined this blog when I learned Joe Paterno died. It's critical of him and his avoidance response when knowing his former prized assistant, Jerry Sandusky, was seen sodomizing a young boy in the Penn State Football Complex showers. I worked with Joe Paterno and Jerry Sandusky as a graduate assistant football coach. I am also a survivor of early childhood assault outside of my home. Multitudes of great football players like Franco Harris, Lydell Mitchell, Jack Ham, Curt Wa
Read more

Who's Your Pick?

Image
"The Character is Higher than the Intellect." - Vince Lombardi The Vince Lombardi Trophy will be awarded to tomorrow's Superbowl victor. He is the sport's greatest coach. In his early life, he contemplated being a priest and then an attorney. His football writings, actions, and talks are sprinkled with indirect references to Christianity as when he tells his team they "will pursue, with every ounce of effort in their bodies, pure perfection, knowing full well perfection is not achievable in this life, but in the afterlife. But, we will pursued it with dogged determination." Players responded to his goodness. On the field he was beyond driven, but did nothing out of malice or deceit. His passion was to improve his players, and to build or expose their character. They trusted him and responded. Fourteen Green Bay players he inherited from his predecessor became either All Pro or Hall of Fame caliber. The year before Vince arrived, the Packers recorded
Read more

Toray's Internal Investigation Revealed Known Abuses and Assaults

Image
  Below please find segment VI, dated 8-8-24, explaining the truth about why Toray Plastics America (TPA) sued me in December 2018 when they claimed a common reader could identify TPA in my book, Successful Leaders Aren't Bullies, released September of 2018.  TPA terminated me in September 2017 in retaliation for sharing my TPA shooting threat investigation with a Japanese Toray Expat who requested it.   The US Occupational Safety and Health Act  prohibits employers from retaliating against employees for exercising their rights under the act, such as raising a safety concern with their employer.  According to gun violence experts, soured workplace relationships, grievances in the workplace, or conflicts between its people cause workplace mass shootings. FBI records show that in 49% of workplace shooting cases, the most common trigger was interpersonal workplace difficulties   On a scale of one (1) to five (5) with five meaning excellent and 1 meaning needs significant imp
Read more