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View Diary: Former Michigan Assistant Attorney General Loses, Big Time. (27 comments)

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  •  second gen - he will still have his license (1+ / 0-)
    Recommended by:
    wilderness voice

    and just needs to find one law firm that shares his abhorrent views, which is likely. However, there is no doubt that Armstrong won.

    "let's talk about that"

    by VClib on Thu Aug 16, 2012 at 07:49:26 PM PDT

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    •  That remains to be seen. (1+ / 0-)
      Recommended by:
      skrekk
      The state bar’s Attorney Grievance Commission is also investigating Shirvell’s actions because Armstrong has also filed an ethics complaint seeking his disbarment.

      "Mitt Romney looks like the CEO who fires you, then goes to the Country Club and laughs about it with his friends." ~ Thomas Roberts MSNBC

      by second gen on Thu Aug 16, 2012 at 10:11:06 PM PDT

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      •  second gen - I think disbarment is highly unlikely (1+ / 0-)
        Recommended by:
        gustynpip

        "let's talk about that"

        by VClib on Fri Aug 17, 2012 at 01:47:01 AM PDT

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        •  Unfortunately, I agree. Obviously, his ranting (0+ / 0-)

          about his First Amendment rights is bullshit.  The government didn't charge him with a crime, and the FA applies to the government only.  It does not give people the right to slander and libel another person, which is what he did.

          He will unquestionably file for bankruptcy and I  doubt the plaintiff will ever see a dime.  However, I doubt the plaintiff will care about that since the case would have been dropped for a simple apology.  He wasn't after the money.  So the misery that having to start out from scratch, with nothing and no credit, will have to suffice as punishment.  And that will be suffering for him.  He will be experiencing consequences.

          But I don't see anything here that will justify the State Bar taking any action in regard to his license.  He hasn't been convicted of any crime.  So he'll be able to go and hang out his own shingle if he can't find a firm that wants him name hung around their neck.  He might be able to find one that will put in a back office for awhile until this is forgotten.  Or he might be able to find a bigoted company that will be happy to have him on board as legal counsel.

          All in all, his life won't be destroyed.  And I don't know that it's necessary or desirable.  But he and others have  had the opportunity to learn that there are consequences to their bigotry, and that there is no longer sympathy for spouting such bigotry and hatred.

          "If you trust you are not critical; if you are critical you do not trust" by our own Dauphin

          by gustynpip on Fri Aug 17, 2012 at 06:47:39 AM PDT

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          •  gusty - one other comment in this thread said (1+ / 0-)
            Recommended by:
            wilderness voice

            that punitive damages cannot be discharged in bankruptcy. If that's true, it is a game changer.

            "let's talk about that"

            by VClib on Fri Aug 17, 2012 at 07:13:57 AM PDT

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            •  I agree, although like you, I've never heard that (1+ / 0-)
              Recommended by:
              VClib

              before and question it.  

              "If you trust you are not critical; if you are critical you do not trust" by our own Dauphin

              by gustynpip on Fri Aug 17, 2012 at 08:30:12 AM PDT

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            •  It's likely true. (0+ / 0-)
              Intentional Torts And Bankruptcy - An Evaluation Of Kawaauhau v. Geiger

              As mentioned above, Section 523(a)(6) exempts from discharge all debts "for willful and malicious injury by the debtor to another entity or to the property of another entity."7

              "Mitt Romney looks like the CEO who fires you, then goes to the Country Club and laughs about it with his friends." ~ Thomas Roberts MSNBC

              by second gen on Fri Aug 17, 2012 at 12:33:08 PM PDT

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            •  This question was bugging me, so I googled it. (1+ / 0-)
              Recommended by:
              VClib

              Looks as though there's no definitive answer.  Might depend upon the reason for the punitive damages - fraud, no; sexual harrassment, yes,or at least unless the person injured can prove the harrassment was wilful and malicious.  Or it might depend upon the bankruptcy court.  

              "If you trust you are not critical; if you are critical you do not trust" by our own Dauphin

              by gustynpip on Fri Aug 17, 2012 at 01:00:27 PM PDT

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