The family of a surgeon killed on his bike last year, represented by Will Kemp, obtained a $19 million jury verdict. [RJ]
This article about the complaint filed against Judge Susan Johnson includes her statement that mentions the Nevada Judicial Discipline Commission had already reviewed her actions and found no misconduct. [TNI]
Well, RPC 1.8(j) does let such trade occur if such trade began before representation…at least if I am reading it right. But, if he was smart he would be taking a fee, as this case looks like its worth a good bit of money. Presuming what in the article/video is true, Sapphire admitted use without consent, which takes care of liability portion of the claim.
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Anonymous
March 28, 2018 4:31 pm
Actually, the Khiabani's were represented by Kemp along with Pete Christiansen. They both did the trial, along with several associates from their offices.
"Witnesses in April told police that Khiabani was pedaling his bicycle alongside a Motor Coach Industries tour bus when he appeared to accidentally veer left. The quick move caused his bike’s handlebar to bump into the bus’s passenger side, before Khiabani fell into the vehicle’s path." Huh? JUNK science let in by weak, ineffectual judge. Hope the error was preserved. Will must be lovin it. Taking over a court room is do much fun.
That junk science the tour bus manufacturer agreed with because there own expert followed the same junk science. I love when idiots like 8:49 comment about shit they know nothing about.
Uh, 9:25, your claim is flatly denied by the manufacturer. The idea that the biker was hit with an air blast was decried as pure speculation in the RIS of MSJ filed on 1/17/18.
I watched there expert testify. Go watch it. Order the DVD. Not to mention a regular person knows there is an airblast when a car, much less a bus passes you. Have you ever ridden a bike and a car passes you that is close? You get an air blast. That was not the strongest argument they had anyways. They had multiple defects in the bus.
Ultimately the bus company is happy paying 20 million. They were worried they would get hit for punitive damages and pay 200 million.
With respect to the bicyclist killed when he got in the path of tour bus, since when do buses have to be aerodynamic. According to the newspaper report, the cyclist unfortunately veered to the left getting into the path of the tour bus. The cyclist was tragically run over and killed but didn't he cause his own accident? This shows the absurdity of product liability. Remember the Ford Pinto case where the driver backed into oncoming traffic and the Pinto exploded. That was a better case than this one. Square buses are the rule not the exception.
That was only one part of the defect in the bus case. You are right, the driver of the pinto is at fault for backing into someone. That never happens and a manufacturer should build cars to explode if they do so they get taught a lesson .
Oh yes, the bus manufacturer should also include proximity sensors that no one else used at the time the bus was made, and wheel guards that no other commercial buses used then or since. Definitely defective. Unfortunately for you, 8:57, the fact you would expect an airblast should have been fatal to the claim in Nevada. Judge got that one dead wrong.
The bus was made in 2007 and the wheel guards are on 50,000 of their own buses. The jury would disagree since they found for plaintiff. You should work on your trial skills so you can win a case or 2 and put Pete and Will in their place.
When I bicycle, I ride on the sidewalk. If I must venture onto the road, I ride AGAINST traffic. Doing otherwise exposes you to the vulnerability of every drunk or inattentive driver on the road. Do the police enforce against what I do? Can I fight a ticket and win?
Correct, no state law, but it could be against local ordinances. See, e.g., LVMC 11.40.180 (riding on sidewalks prohibited in certain designated locations); NLVMC 10.60.130 (riding on sidewalks prohibited); RMC 6.18.110 (riding on sidewalks prohibited in business districts and other designated locations).
Guest
Anonymous
March 28, 2018 4:36 pm
"I grew up Mormon, so I know I let a lot of people down." LOL.
A careful and detailed analysis of the photo in question (0.4 – Receipt and review documents supporting claim) has led me to the conclusion that she has, in fact, likely helped many people rise to various occasions. They hold their heads up proudly thanks to her. They may even erect a monument to her memory. Although she might feel like she's in a sticky situation now, I have no doubt she will get her happy ending.
Looks like yes. CJA stands for Criminal Justice Act and appointed counsel under the CJA got an hourly rate increase to $140 in non-capital cases and $188 in capital cases.
Ahhh. LaWyers!!! I thought CJA layers was referring to something sexual …
Guest
Anonymous
March 28, 2018 8:07 pm
So the Judicial Discipline Commission already determined that Judge Johnson committed no professional misconduct when she made the (apparent) jokes about how these folks could vote for Trump once their civil rights are restored.
Based on that it's totally non-newsworthy that some progressive groups are now complaining to the commission about the supposed jokes. These groups should have complained when the first entity(or entities) complained, which apparently generated the investigation which cleared Johnson.
So, the only real take away from the story, IMO, is that no one should ever rely on these three groups for anything. The ship had already sailed before these groups decided to get indignant and insulted.
These groups are either oblivious to relevant events until many weeks after they occur, or they are aware of such events when they occur, but take many weeks or months before they decide to formally complain about something, and ultimately take no action until the issue in question is totally moot and decided.
In my view, if I was an official with one of these groups, I would be ashamed and embarrassed to wait many weeks, and then complain about something after someone was already cleared after some other entity(or entities) filed a much more timely complaint.
These groups may have some legitimate goals and philosophies(opinions will differ on that based on one's political leanings), but there is no doubt in my mind they are totally incompetent. It would be like if you are in a serious car accident requiring immediate medical assistance, and the ambulance driver informs you that it will be two weeks before they can transport you to the hospital.
Isn't the existence of a complaint anonymous when it's filed? And it remains anonymous until and unless the Commission decides to recommend prosecution? I think those are correct statements of the rules (too lazy to actually check), and assuming that's true it doesn't seem reasonable to blame the groups for not being mind-readers.
Good points and you are both quite correct, in my view.
Perhaps I should not have, but I accepted Judge Johnson's statement included in the article(which indicated that she was already questioned and cleared) as meaning the matter was put to rest and closed. But it is true that such has not been confirmed by anything from the Commission–and perhaps no such confirmation will ever be issued by the Commission because, as you both mentioned, the existence of complaints are to be anonymous unless the Commission decides to act and file charges based on such complaint.
And therefore, yes,6:07,IMO your statements concerning anonymity are correct and you can watch t.v and sip wine tonight rather than checking to confirm.
The disconnect, or at least confusion, on this issue rises from the following phenomenon, IMO. The Commission, unless they decide to prosecute, must keep the matter confidential as to the existence of a complaint made by a third party to the Commission against a judge.But the problem that arises, which may be the case here, is that third parties are not(apparently) bound by the rules the Commission itself must follow. If third parties wish to shoot their mouth off, and run to the media and/or post on the internet, that they filed a complaint with the Commission against a certain judge, it appears they can so and that there are no consequences against them. And(again, apparently) the media can report on all this. So, the fact the Commission may not alert the media is a positive on their part and indicates compliance with their own internal rules. But those who filed the complaints can, it seems, alert the media, and apparently the media can print it.
If this is all wrong, perhaps someone with more knowledge on the subject will set me right.
Nice of the Johnsons to call people names when they express their opinion.
Guest
Anonymous
March 29, 2018 7:20 pm
State bar pounding my email with Annual Conference invitations. Chemerinsky is the only speaker worth the time. But, you could probably find an article on-line and save a $1,000+.
Does SBN pay other speakers to show up? If so, how much? Inquiring minds want to know.
The state is paying a retired judge to keep the seat warm. Between her and Tao, 500k in state payroll is on the sidelines while both seek another state job??? But he doesn't show up often, "working from home." But you can't cite the C of A decisions anyway.
Guest
Anonymous
March 29, 2018 8:00 pm
Wtf, Elaine Wynn reports rape of woman by Steve, and general counsel of Wynn finds no problem with this???? I am selling my stocks and donating money.
Is Adrian taking a fee or trading services?
Well, RPC 1.8(j) does let such trade occur if such trade began before representation…at least if I am reading it right. But, if he was smart he would be taking a fee, as this case looks like its worth a good bit of money. Presuming what in the article/video is true, Sapphire admitted use without consent, which takes care of liability portion of the claim.
I remember awhile back when some poster(s) on here stated Adrian Karimi was "Lawyer Hot." I guess he's alright, now that there is a picture of him.
He's no Marchese.
This comment has been removed by a blog administrator.
Actually, the Khiabani's were represented by Kemp along with Pete Christiansen. They both did the trial, along with several associates from their offices.
It would be nice if the paper would report that, but alas, they don't.
How did they get to trial less than a year after the accident?
Preferential trial setting. Widow was dying of cancer. Look like the trial date was kept even after Widow died.
"Witnesses in April told police that Khiabani was pedaling his bicycle alongside a Motor Coach Industries tour bus when he appeared to accidentally veer left. The quick move caused his bike’s handlebar to bump into the bus’s passenger side, before Khiabani fell into the vehicle’s path." Huh? JUNK science let in by weak, ineffectual judge. Hope the error was preserved. Will must be lovin it. Taking over a court room is do much fun.
That junk science the tour bus manufacturer agreed with because there own expert followed the same junk science. I love when idiots like 8:49 comment about shit they know nothing about.
Uh, 9:25, your claim is flatly denied by the manufacturer. The idea that the biker was hit with an air blast was decried as pure speculation in the RIS of MSJ filed on 1/17/18.
I watched there expert testify. Go watch it. Order the DVD. Not to mention a regular person knows there is an airblast when a car, much less a bus passes you. Have you ever ridden a bike and a car passes you that is close? You get an air blast. That was not the strongest argument they had anyways. They had multiple defects in the bus.
Ultimately the bus company is happy paying 20 million. They were worried they would get hit for punitive damages and pay 200 million.
With respect to the bicyclist killed when he got in the path of tour bus, since when do buses have to be aerodynamic. According to the newspaper report, the cyclist unfortunately veered to the left getting into the path of the tour bus. The cyclist was tragically run over and killed but didn't he cause his own accident? This shows the absurdity of product liability. Remember the Ford Pinto case where the driver backed into oncoming traffic and the Pinto exploded. That was a better case than this one. Square buses are the rule not the exception.
That was only one part of the defect in the bus case. You are right, the driver of the pinto is at fault for backing into someone. That never happens and a manufacturer should build cars to explode if they do so they get taught a lesson .
Oh yes, the bus manufacturer should also include proximity sensors that no one else used at the time the bus was made, and wheel guards that no other commercial buses used then or since. Definitely defective. Unfortunately for you, 8:57, the fact you would expect an airblast should have been fatal to the claim in Nevada. Judge got that one dead wrong.
The bus was made in 2007 and the wheel guards are on 50,000 of their own buses. The jury would disagree since they found for plaintiff. You should work on your trial skills so you can win a case or 2 and put Pete and Will in their place.
When I bicycle, I ride on the sidewalk. If I must venture onto the road, I ride AGAINST traffic. Doing otherwise exposes you to the vulnerability of every drunk or inattentive driver on the road. Do the police enforce against what I do? Can I fight a ticket and win?
No. A bicycle is the same as a car. You couldn't pay me to ride a bike in this town.
I don't know about riding against traffic, but I don't think there is a state law prohibiting riding a bike on sidewalks.
Correct, no state law, but it could be against local ordinances. See, e.g., LVMC 11.40.180 (riding on sidewalks prohibited in certain designated locations); NLVMC 10.60.130 (riding on sidewalks prohibited); RMC 6.18.110 (riding on sidewalks prohibited in business districts and other designated locations).
"I grew up Mormon, so I know I let a lot of people down." LOL.
A careful and detailed analysis of the photo in question (0.4 – Receipt and review documents supporting claim) has led me to the conclusion that she has, in fact, likely helped many people rise to various occasions. They hold their heads up proudly thanks to her. They may even erect a monument to her memory. Although she might feel like she's in a sticky situation now, I have no doubt she will get her happy ending.
^^^OMG! That's too good
Did CJA layers get a raise today?
Nobody knows what CJA stands for. But to answer your question – No.
U.S. Courts seem to disagree. http://www.uscourts.gov/news/2018/03/28/jurors-defense-lawyers-receive-rate-increases-funding-approved-3-courthouses
Looks like yes. CJA stands for Criminal Justice Act and appointed counsel under the CJA got an hourly rate increase to $140 in non-capital cases and $188 in capital cases.
Ahhh. LaWyers!!! I thought CJA layers was referring to something sexual …
So the Judicial Discipline Commission already determined that Judge Johnson committed no professional misconduct when she made the (apparent) jokes about how these folks could vote for Trump once their civil rights are restored.
Based on that it's totally non-newsworthy that some progressive groups are now complaining to the commission about the supposed jokes. These groups should have complained when the first entity(or entities) complained, which apparently generated the investigation which cleared Johnson.
So, the only real take away from the story, IMO, is that no one should ever rely on these three groups for anything. The ship had already sailed before these groups decided to get indignant and insulted.
These groups are either oblivious to relevant events until many weeks after they occur, or they are aware of such events when they occur, but take many weeks or months before they decide to formally complain about something, and ultimately take no action until the issue in question is totally moot and decided.
In my view, if I was an official with one of these groups, I would be ashamed and embarrassed to wait many weeks, and then complain about something after someone was already cleared after some other entity(or entities) filed a much more timely complaint.
These groups may have some legitimate goals and philosophies(opinions will differ on that based on one's political leanings), but there is no doubt in my mind they are totally incompetent. It would be like if you are in a serious car accident requiring immediate medical assistance, and the ambulance driver informs you that it will be two weeks before they can transport you to the hospital.
Is there any extrinsic proof, some document that shows the Judicial Discipline Commission has so ruled? I sure haven't seen one.
Isn't the existence of a complaint anonymous when it's filed? And it remains anonymous until and unless the Commission decides to recommend prosecution? I think those are correct statements of the rules (too lazy to actually check), and assuming that's true it doesn't seem reasonable to blame the groups for not being mind-readers.
To: 2:24 and 6:07. 1:07 here again.
Good points and you are both quite correct, in my view.
Perhaps I should not have, but I accepted Judge Johnson's statement included in the article(which indicated that she was already questioned and cleared) as meaning the matter was put to rest and closed. But it is true that such has not been confirmed by anything from the Commission–and perhaps no such confirmation will ever be issued by the Commission because, as you both mentioned, the existence of complaints are to be anonymous unless the Commission decides to act and file charges based on such complaint.
And therefore, yes,6:07,IMO your statements concerning anonymity are correct and you can watch t.v and sip wine tonight rather than checking to confirm.
The disconnect, or at least confusion, on this issue rises from the following phenomenon, IMO. The Commission, unless they decide to prosecute, must keep the matter confidential as to the existence of a complaint made by a third party to the Commission against a judge.But the problem that arises, which may be the case here, is that third parties are not(apparently) bound by the rules the Commission itself must follow. If third parties wish to shoot their mouth off, and run to the media and/or post on the internet, that they filed a complaint with the Commission against a certain judge, it appears they can so and that there are no consequences against them. And(again, apparently) the media can report on all this. So, the fact the Commission may not alert the media is a positive on their part and indicates compliance with their own internal rules. But those who filed the complaints can, it seems, alert the media, and apparently the media can print it.
If this is all wrong, perhaps someone with more knowledge on the subject will set me right.
I agree with J. Mann, Johnson should be disciplined.
Thanks for your opinion Voldemort.
Nice of the Johnsons to call people names when they express their opinion.
State bar pounding my email with Annual Conference invitations. Chemerinsky is the only speaker worth the time. But, you could probably find an article on-line and save a $1,000+.
Does SBN pay other speakers to show up? If so, how much? Inquiring minds want to know.
Is Elissa Cadish out campaigning again this week?
Yes.
The state is paying a retired judge to keep the seat warm. Between her and Tao, 500k in state payroll is on the sidelines while both seek another state job??? But he doesn't show up often, "working from home." But you can't cite the C of A decisions anyway.
Wtf, Elaine Wynn reports rape of woman by Steve, and general counsel of Wynn finds no problem with this???? I am selling my stocks and donating money.
PLEASE WAIT!!!
I need a few more minutes to set up my 501c3…the Nevada State Bar Members Relief Fund!
I am going to set up a relief fund for victims of idiot judges who don't apply the law. There would not be enough in the world.