tag:blogger.com,1999:blog-7875069982976812251.post4600683153352826258..comments2023-10-17T04:51:08.765-10:00Comments on KauaiEclectic: Musings: ScriptedJoan Conrowhttp://www.blogger.com/profile/00172330100788007499noreply@blogger.comBlogger36125tag:blogger.com,1999:blog-7875069982976812251.post-23244016340777239542014-11-08T09:25:01.576-10:002014-11-08T09:25:01.576-10:00In arbitration, a private contractual means of res...In arbitration, a private contractual means of resolving a legal dispute, attorney's fees may sometimes be a part of whatever remedy is fashioned by the arbitrator. Similarly, in settlement agreements, which parties negotiate themselves, attorneys' fees may sometimes be a part of the agreed upon settlement. <br /><br />The current litigation over GMO/ pesticide regulation is neither a private arbitration nor does it involve settlement negotiations. Accordingly, the standard rule that each party pays their own attorneys' fees still holds true. Judges generally do not stray from this rule unless the litigation involves a statute that expressly provides for fees, or there has been a particularly egregious and abusive pursuit of patently meritless claim by one party. Neither is the case here, so there is no obvious legal basis for an award of attorneys' fees in this case. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-30703612311284898672014-11-08T07:24:03.520-10:002014-11-08T07:24:03.520-10:0010:28 You obviously have NOT been sued. You are a ...10:28 You obviously have NOT been sued. You are a bit like Hooser here, telling lies. Judges can rule either way and say who pays. In Civil settlements (arbitration/mediation), usually the loser pays. It can depend on how hard the attorney fights for their fees. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-83570368224162974952014-11-07T22:28:39.092-10:002014-11-07T22:28:39.092-10:00It is not common practice for the losing party to ...It is not common practice for the losing party to pay attorneys' fees. The exact opposite is the case. Under the "American Rule" each party in civil litigation bares the cost of their own attorney's fees. Only in limited circumstances, such as a contract dispute or in civil rights litigation are fees provided to the winning party by statute. The plaintiffs did not file a motion for attorneys' fees because there is no legal basis, in other words no statute, that provides for attorneys' fees under the circumstances of this case.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-89887743846157183682014-11-07T19:53:16.729-10:002014-11-07T19:53:16.729-10:007:26 Was advised that the chem/seed companies hav...7:26 Was advised that the chem/seed companies have let the statute of limitations run out on the deadline for filing a legal fees claim.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-38663057647780096472014-11-07T16:47:15.836-10:002014-11-07T16:47:15.836-10:00Joan, you have about 18 months to decide if you wa...Joan, you have about 18 months to decide if you want to venture into politics. I feel you could win in a Council run.<br />If you have any interest, please let your readers know. The time to put a feeler out is about 6 months from now..<br />I disagree with you 99.9 percent of the time, but you are intelligent, honest and brave. These three ingredients are usually a death bell for politicians, but it may work for you. The honesty part is what da Hoos, Bynum, JoAnn and Jay lack. <br />Liars thru and thru. It is hard to look at JoAnn and think she is a liar, since she looks like such a nice, little old lady, but she sure can tell some whoppers.<br />There is a vacuum of honesty.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-48786962850360551372014-11-07T14:05:19.262-10:002014-11-07T14:05:19.262-10:007:26 The chem/seed companies could now be seeking...7:26 The chem/seed companies could now be seeking the huge damages you refer to if there was no appeal--or can in the future if the appeal is lost. The only way of stopping the potential of their seeking these damages is to win on appeal. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-74455328041227531222014-11-07T11:08:19.171-10:002014-11-07T11:08:19.171-10:00"How, exactly, do you deal with people who ut..."How, exactly, do you deal with people who utter complete nonsense as fact?"<br /><br />The same way you deal with evolution deniers. The same way you deal with climate change deniers. The same way you deal with flat-earthers. You don't. They have their faith, facts-be-damned, and there is nothing you can do to change it. Nothing.<br /><br />That is why all the efforts of the seed companies to "bring everyone to the table to discuss the issues" have been wasted. You can bring a libertarian to the table to discuss Obamacare, but there is zero percent chance they will agree to anything except 100% repeal, because their dogma won't allow them. Same with the conspiracy theorists who think Monsanto owns the planet, GMOs are sprayed from jets, and the hundreds of seed company employees on Kauai are either baby killers or duped stupid locals.<br /><br />What we CAN do is what we did - what "the people" did - which is vote in reasonable representatives who dismiss the crazy for what it is.Chuck Laskerhttps://www.blogger.com/profile/16719048370037095323noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-53915402205477928152014-11-07T10:43:32.583-10:002014-11-07T10:43:32.583-10:00I think they called in the Flat Earth Society to t...I think they called in the Flat Earth Society to tell us how the sun revolves around the earth!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-89552545881409711402014-11-07T08:26:55.065-10:002014-11-07T08:26:55.065-10:00Center for Food Safety is neither "David"...Center for Food Safety is neither "David" nor "Goliath."<br /><br />It's just a power hungry political advocacy group masquerading as a "green" nonprofit.Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-33406421433308467862014-11-07T08:15:14.389-10:002014-11-07T08:15:14.389-10:00So the Center for Food Safety is "Goliath&quo...So the Center for Food Safety is "Goliath" poised to take over Hawaii?ekcollhttps://www.blogger.com/profile/16396807815655716254noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-3349674653356082792014-11-07T07:26:52.087-10:002014-11-07T07:26:52.087-10:009:36 I agree that the appeal fee will be modest; ...9:36 I agree that the appeal fee will be modest; however if we lose the appeal the seed companies will likely seek reimursement for legal cost which could be a couple million or more. And, if we win the appeal, then it's only on preemption not the other 15-20 legal issues that will need to be heard back in the lower courts ... which will cost significantly more money. This appeal, with either outcome, is not going to be inexpensive in the long run. Mel and Ross seem to get this and are attempting to be good custodians of our taxpayer money. The rest of the councilmembers, however, are merely pandering to the vocal minority...which I can now say with conviction given the election results. I hope Ross' bill will be reintoduced when more level-headed thinkers replace those ineffective outgoing councilmembers. Someone has to end this insanity including the endless legal tab for us taxpayers to pick up. Stop holding cost cutting workshops when Council themselves cannot curb their spending.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-90570288664799007042014-11-06T21:36:46.080-10:002014-11-06T21:36:46.080-10:005:13. I called JoAnn and another attorney familiar...5:13. I called JoAnn and another attorney familiar with the case and both said that the chem/seed companies' appeal fees should be quite modest. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-23980138815787997292014-11-06T20:56:55.991-10:002014-11-06T20:56:55.991-10:00You can't call that testimony, really every on...You can't call that testimony, really every ones tired of the crazy lying crap. Hooser must be giving them acting & drama classes, in his spare time. Here we go with the Hoos when I blink cry, when I smile yell, scream, kick, GMO bad and when you on the yellow brick road lie, lie, lie. Hooser should get an Award<br />for best Bullsh*t. That's why Mel and Ross left, during the testimony they probably went outside to vomit! Sick of the crapAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-90061447376097398282014-11-06T18:34:32.266-10:002014-11-06T18:34:32.266-10:00Congratulations to Senator Russell Ruderman. He is...Congratulations to Senator Russell Ruderman. He is now the head of the Senate Agriculture Committee. Interesting times coming!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-88972142230604275212014-11-06T18:20:51.419-10:002014-11-06T18:20:51.419-10:00There was a testimony from a healthcare provider s...There was a testimony from a healthcare provider stating that she has an elementary school patient who suffers from nose bleeds 4 days out of the week, when he's with his mother in Kekaha. The rest of the days of the week, he stays with his father who doesn't live near any GMO crops. When he's with his father, he doesn't experience any nose bleeds.<br /><br />OMG, so that explains why my daughter has nose bleeds too! NOT!! My daughter gets nose bleeds all the time and we don't live anywhere near any GMO crops. I took her to the doctor when the nose bleeds first started, and they said that nose bleeds are common in children.<br /><br />I feel like a lot of people are so quick to blame every single sickness or disease on the pesticides. Almost ALL of these people who are complaining weren't born or even raised here and they live on the opposite side of the island from the GMO crops.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-48131149516242226042014-11-06T17:13:03.155-10:002014-11-06T17:13:03.155-10:004:31 it is VERY common(almost a practice)for the C...4:31 it is VERY common(almost a practice)for the Courts to force the loser to pay attorney fees and court costs. Even if they split the costs...you better believe that they are in the millions. Geez, Jackpot Bynum's little Rice Cooker court case cost close to a milyun in lawyer fees court costs. Not to mention his nice little "award".<br />Gary and JoAnn know the potential cost of this litigation.....but they do not say a darn thing about it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-2319695194505920612014-11-06T17:12:38.406-10:002014-11-06T17:12:38.406-10:00Ruderman chair of senate ag? What does he know abo...Ruderman chair of senate ag? What does he know about AG? He'll be about as effective as Wooley. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-46593380802737861442014-11-06T17:06:49.119-10:002014-11-06T17:06:49.119-10:00Thanks, 2:52. That's very sweet of you!Thanks, 2:52. That's very sweet of you!Joan Conrowhttps://www.blogger.com/profile/00172330100788007499noreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-64775798893617550682014-11-06T17:05:40.449-10:002014-11-06T17:05:40.449-10:00Advice to Ross and Mel, Never defend yourself, nev...Advice to Ross and Mel, Never defend yourself, never fall into the trap. You two guys have the people at heart and we know it. <br />Advice to Arryl, don't say anything. Learn. Never engage.<br />Advice to the next Chairman. Limit all testimony from testifiers and Council people (errr JoAnn and Gary) to the TOPIC on the table. Question Gary on all issues dealing with environment, water, Ag, Chemicals etc. His Presidency of HAPA is a major conflict. I'd ask the County Attorney.<br />Arryl will not be able to vote on specific GF issues. But he is OK on all others. To all the Fistees out there- Grove Farm is NOT in the Hooser lawsuit, it is their lessees.<br />Advice to Tim. Shut up, you have done enough damage, maintain an iota of dignity in your last few weeks. Thank God you are gone.<br />If y'all think the last two years of da Hoos/Bynum BullSh*t was heavy....wait until the economic reality of the County being broke steps in..Bankruptcy is a possibility...and don't be lookin' for a Fed Bailout, the new regime in the Senate will not be likely to give extra dough to a whack job, spend thrift, government union controlled State.<br />The Feds will say "get your house in order, you guys spent 290 million dollars for an ObamaCare website that never worked and you have a 15 Billion dollar transit system that will do nothing. You Commies are on the bad list. Plus you are Obama's home state and for that alone, you are to be punished."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-33584121281770351052014-11-06T16:31:42.567-10:002014-11-06T16:31:42.567-10:00Joan, Re: paying the chem/seed companies courts co...Joan, Re: paying the chem/seed companies courts costs--the companies would have to petition the court, it's not assured that they would prevail and if they did their cost should not be significant--a small price to settle this issue once and for all. This nightmare was created by politics and now can only be resolved by law. Trying to keep it in the political arena is just grandstanding and wasting the councils time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-22936016187661547582014-11-06T14:52:48.970-10:002014-11-06T14:52:48.970-10:00please joan, when you get back from vacation,pleas...please joan, when you get back from vacation,please consider running for council or getting involved more. you have such great passion and vision for our community. your aloha for the local people is commendable. most haoles don't give a rip. kauai needs your kind of peoples.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-5252803102756746022014-11-06T14:16:31.577-10:002014-11-06T14:16:31.577-10:0012:34 I was joking. Nobody needs to hear it again....12:34 I was joking. Nobody needs to hear it again. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-31720858090915448082014-11-06T14:16:12.623-10:002014-11-06T14:16:12.623-10:00It's not about my or his echo chamber. For me,...It's not about my or his echo chamber. For me, it's about respect, patience, consideration and DUTY. I respect Mel for sitting and listening to the testimonies, even if he didn't want to.<br /><br />10:24--I didn't vote for Bynum. So, okay, i'm stupid but i'm not gonna leave the place where my family has lived for 5 generations. By the way, why do you sound so angry and hateful, using negative, ugly assumptions to describe me? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-10404443678074434742014-11-06T12:34:58.765-10:002014-11-06T12:34:58.765-10:0012:19am The same "riveting testimony" i...12:19am The same "riveting testimony" is same as Hooser, full of shit. Nobody needs to hear lies, if they have facts or evidence, give it to the State or Feds, I'm 100% certain that if people are "really" getting sick or dying then they would do something, duh. The EPA and FDA and the State Dept. of Health were in Honolulu Harbor the day after the molasses spill because fish were dying. What is the County going to do? Pass more bad bills? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7875069982976812251.post-65152359158054259722014-11-06T12:19:42.477-10:002014-11-06T12:19:42.477-10:0011:38 the Council still had the same members back ...11:38 the Council still had the same members back in August. Should have waited for the new Council and chair. Put it on again so they can hear the same "riveting testimony? Why not? Arryl and Kipukai need to hear it. Anonymousnoreply@blogger.com