Wednesday, November 18, 2009

Jon's former assistant prepares to sue him for breach of contract

Seems the family may not be able to move on any time soon.

Kate Major, former reporter and girl toy, has hired an attorney for a possible breach of contract suit against Jon. This time the dispute is over a hand written contract for assistant work, with vague terms of payment ("a percentage of accounts for payments based on involvement" say...WHA???) and full of various conditions of confidentiality, including gag orders on their relationship.

http://www.radaronline.com/exclusives/2009/11/exclusive-interview-kate-major-retains-lawyer-sue-jon-gosselin-0

Our favorite attorney, Abraham Lincoln, once said, "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time."

4 sediments (sic) from readers:

Debbie said...

Hi again. Was wondering if you check in on the case filings of TLC vs Jon? I saw today they filed a "Motion for special assignment. Do you have any idea what that is? Thanks

Administrator said...

Yes, a motion for special assignment typically means you are requesting a specific bench officer to hear the case. I have not seen the motion, but I bet they are trying to get the case heard by a judge who they think will be favorable to them. Another reason to do that is if a judge is familiar with the case, or perhaps familiar with your company. Perhaps a judge who has heard TLC suits before, or a judge familiar with the entertainment industry. They have to have a reasonable reason to do it, not just that they think they'll get a favorable outcome with a certain judge. Who filed it, Jon or TLC? And the motion could easily be denied.

Typically when a case comes into a court, at least a court with several bench officers, it is assigned somewhat "randomly," although no one really knows what goes on when cases are assigned or how random it really is. You cannot cherry pick your judges. You are usually assigned by the head judge and who you get is who you get, that's it. There are a few very limited ways to get a different judge, but typically if you try to get it away from one judge you are simply thrown back into the mixed bag to get another randomly assigned judge.

Sometimes there might be a judge a lot of people can't stand, maybe an incredibly liberal or conservative judge. For instance prosecutors might not like a judge who frequently dismisses cases or who lets defendants off easy. But unless they file a motion that that judge is prejudiced at the beginning of the case, or a few other very limited circumstances, usually you are out of luck and stuck.

So long story short, there's a reason they want a specific judge and they're trying to manipulate things to secure that judge, instead of just a random judge.

Debbie said...

Arrrghh just when you think things are confusing enough the judge grants TLC the special assignment they requested. I looked at the court listing for this case and from what I can see there have been several different judges involved in this already including the judge it was just assigned to. So confusing! I appreciate your input and information in what is a very confusing matter. I guess that is why you lawyers make the big dollars!

Administrator said...

Yes, a motion for special assignment typically means you are requesting a specific bench officer to hear the case. I have not seen the motion, but I bet they are trying to get the case heard by a judge who they think will be favorable to them. Another reason to do that is if a judge is familiar with the case, or perhaps familiar with your company. Perhaps a judge who has heard TLC suits before, or a judge familiar with the entertainment industry. They have to have a reasonable reason to do it, not just that they think they'll get a favorable outcome with a certain judge. Who filed it, Jon or TLC? And the motion could easily be denied.

Typically when a case comes into a court, at least a court with several bench officers, it is assigned somewhat "randomly," although no one really knows what goes on when cases are assigned or how random it really is. You cannot cherry pick your judges. You are usually assigned by the head judge and who you get is who you get, that's it. There are a few very limited ways to get a different judge, but typically if you try to get it away from one judge you are simply thrown back into the mixed bag to get another randomly assigned judge.

Sometimes there might be a judge a lot of people can't stand, maybe an incredibly liberal or conservative judge. For instance prosecutors might not like a judge who frequently dismisses cases or who lets defendants off easy. But unless they file a motion that that judge is prejudiced at the beginning of the case, or a few other very limited circumstances, usually you are out of luck and stuck.

So long story short, there's a reason they want a specific judge and they're trying to manipulate things to secure that judge, instead of just a random judge.

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