SLRC UPDATE:
21 November 2003

SLRC Weekly Update

 

Dear Heritage Defenders:

 

I wanted to take the opportunity to thank everyone for all the wonderful ideas for HK’s march next April.  We have really received a lot of great ideas and I thank you for the wonderful response.  We are still looking for ideas so keep them coming!  We have much news to report in our DuPont case, FAA case and the Racist Food Case.

 

DuPont

 

In an unprecedented move this week the judge allowed Chief Trial Counsel, Kirk D. Lyons to serve as the counsel of record without local counsel.  We will be filing our response on Monday to the motion for sanctions filed by DuPont.

 

Under Rule 11 of the Federal Rules of Civil Procedure, an attorney may have sanctions filed against him for filing a "frivolous" suit.  As "punishment" for filing a "frivolous" suit, DuPont is asking the court to dismiss the suit and have Lyons pay all legal fees incurred in this suit.

 

The SLRC sees this as nothing more than a bully tactic of a multi-national corporation.  Because DuPont threatened sanctions against any attorney willing to act as local counsel for the SLRC, the sanctions motion was successful in driving off any attorney willing to help.  This made the judge’s unprecedented ruling a necessity.  Executive Director Rick Wilkerson and Chief Trial Counsel Lyons will be traveling to Virginia on Sunday and Monday to visit with our DuPont clients.

 

FAA case in Jacksonville, Florida

 

This case was filed after the FAA banned Confederate symbols at the Jacksonville Airport control towers.  Our clients are air traffic controllers and SCV members.  We recently amended the lawsuit to include a lawsuit against the regional FAA Director in his individual capacity based on his knowingly violating the 1st Amendment rights of his employees.

 

The FAA filed another Motion to Dismiss and we responded.  The judge has now ordered the defendants to produce additional affidavits.  When the defendants have produced additional affidavits we will then be allowed to produce additional affidavits to prove our claims.  The judge will then rule on the case as a summary judgment motion.

 

The judge apparently sees this potentially as a case where the facts are not in dispute, and will rule on a question of law.  If we get past summary judgment, (where the judge must look at the facts in the light most favorable to the Plaintiffs), we can prepare for trial.

 

Racist Food Products/ Bechtel Savannah River

 

Discovery must be concluded by the first week in April.  Hopefully Depositions will begin soon.

 

Donations are trickling in. Support us today so we can "keep up the skeer" on these government/corporate giants.  We don't mind being David fighting Goliath, but we need small $tones$ for our sling shot.  Only you can provide that!  Send today!

 

Please send in your pledge today.  REMEMBER YOUR PLEDGE IS TAX-DEDUCTIBLE!

 

Allison Schaum
Case Manager SLRC
2330 SJ Workman Hwy.
Woodruff, SC 29388
864-476-0656
slrc@crystalink.com

 

PLEASE SEND YOUR TAX-DEDUCTIBLE CONTRIBUTION TO:

SOUTHERN LEGAL RESOURCE CENTER
PO BOX 1235
BLACK MOUNTAIN, NC 28711

 

For more information about HK's March Across Dixie contact: www.southerncaucus.org/hkedgerton.htm