{"id":1720,"date":"2017-11-01T08:30:38","date_gmt":"2017-11-01T13:30:38","guid":{"rendered":"http:\/\/truthinaddison.com\/?page_id=1720"},"modified":"2017-11-01T08:31:05","modified_gmt":"2017-11-01T13:31:05","slug":"1720-2","status":"publish","type":"page","link":"http:\/\/truthinaddison.com\/?page_id=1720","title":{"rendered":"To talk TRUTH about the wind turbine lawsuit"},"content":{"rendered":"

To talk TRUTH about the wind turbine lawsuit<\/strong>
\nYOU HAVE TO READ THE PLEADINGS<\/strong>
\nBy Susan M. Halpern<\/strong>
\nFormer Addison Councilmember (1992-1999)<\/strong><\/h3>\n

The efforts to set up a scapegoat in case the wind turbine lawsuit doesn\u2019t go well continue. I write again because it\u2019s one of those times when you have an opportunity to really gauge credibility.<\/p>\n

Follow me here: the pleadings in the wind turbine lawsuit are publicly available. That means that the things I\u2019ve written about are easily confirmed.\u00a0 But here\u2019s the thing: that also helps us figure out when other commentators who claim to be in the know haven\u2019t read the pleadings.\u00a0 Let me show you what I mean.<\/p>\n

After my recent article about this lawsuit, someone forwarded a meek effort by the facts-don\u2019t-matter folks to respond. It wholly failed to address the three fundamental points I made:<\/p>\n

    \n
  • No one \u2013 and certainly not Ron Whitehead and Lea Dunn \u2013 should be attacked for testifying truthfully under oath, as both did.<\/li>\n
  • If Ron and Lea were the \u201ckey witnesses\u201d on Addison\u2019s fraud claim as the naysayers implicitly contend, then Addison\u2019s attorney damn sure should have interviewed them before alleging fraud.<\/li>\n
  • We lawyers make claims in lawsuits based on the facts. We DON\u2019T make claims in lawsuits and then demand that witnesses lie to support the claims.<\/li>\n<\/ul>\n

    All solid points. All untouched by the facts-don\u2019t-matter folks.\u00a0 So why do I write?\u00a0 To make two points.<\/p>\n

    First, they identify me as \u201cone Addison woman who claims expertise in this matter.\u201d I had to laugh at that one.\u00a0 I have a law degree and 34-plus years of law practice. I don\u2019t \u201cclaim\u201d to have expertise regarding lawsuits. \u00a0I DO HAVE expertise regarding lawsuits.\u00a0 It\u2019s what I do for a living.<\/p>\n

    Second, after downplaying my qualifications, they quote this statement from my prior article: “As it turns out, when both Ron Whitehead and Lea Dunn were finally asked about the issue, both testified under oath that Landmark did not make such representation to either of them.” Exactly so.\u00a0 Then they say: \u201cEither this woman [that\u2019s me] has been told what has been said or has requested and received these depositions already.\u201d\u00a0 That statement is wrong on both counts<\/strong>.<\/p>\n

    And that\u2019s where they\u2019re caught. The support for the statement quoted is contained in a pleading that\u2019s publicly available.\u00a0 The deposition excerpts are attached to the pleading.\u00a0 I read it all for myself.\u00a0 And that means that the facts-don\u2019t-matter folks didn\u2019t read the pleading, or they would have seen right away where I got access to the deposition testimony.\u00a0 And that provides readers with a very simple way of judging credibility.<\/p>\n

    Look, don\u2019t get me wrong, I\u2019m rooting for Addison to prevail. If the turbines didn\u2019t work, then it sure seems like Addison should be compensated.\u00a0 But, did it sue the right people and assert the right claims?\u00a0 That\u2019s the question I have, and certainly time will tell as we learn more about Addison\u2019s position.\u00a0 In the meantime, my view remains that the current council inherited a seemingly disorganized approach to the litigation, caused at least in part by the meddling of the prior administration.<\/p>\n

    In the end, while lawsuits are in part about fighting, they are won when they are pursued in an organized and efficient manner. That\u2019s how you give yourself the best chance of winning.\u00a0 We\u2019ll know soon enough what Addison has to say about all of it, and I for one, plan to read about it.<\/p>\n

    <\/div>\n