Chapter 10 – What Influenced the Arbitrator?

I have struggled with significantly different thoughts as to how and why Linda Marshall came into the picture. The first is that M needed counsel and he (C) thought it would be innocent enough to refer him to Marshall. Still, I don’t know that it matters but am still needing to answer how Marshall found Max…because it was not the other way around…M would have remembered otherwise and he was asked that question on direct examination. Oh what a tangled web we weave. There is nothing cliché as a bribe here. Just does not make sense. It’s plausible that Judge Jones found this as an opportunity to strike at me, but I have a hard time believing he would care. If he did and does, we have a mentally disturbed Federal Judge.

I am still taken aback by C’s opening every morning with “well Ms. Marshall where did we leave off.” I think the table was tipping in her direction after I fired my attorney and took over.

So I think its reasonable to conclude that regardless of how she found her way into this arbitration, she did dictate to him quite a bit and that commentary either came with a degree of credibility or his compliance out of fear of retribution. And what could that retribution be.

When we called for Mr. C to recuse himself, he did not hesitate. He wanted out. And remember that M was seeking $1 million in damage plus legal fees. Marshall would not let him out. He could have said too bad, I’m out but he did not. The Arbitration Service of Portland stepped in and he reversed his position. I don’t really think you can reverse it. He agreed he had a conflict and that should have been that.

So far we have outlined a portion of our case and it’s already enough to have had this case thrown out in state or federal court. Max’s destruction of his own computers was enough to do that. His admission that he did not mean or intend to claim that we were engaged in any criminal activity was also enough.

What besides our request that C recuse himself influenced this case? Was it a secret affair? With a man? Some prominent person, maybe a Judge? Or are we back to it being financial? Or does he just not like me? Or was it all too confusing so he went and drifted towards a person he had known for 30 years?

I’ve long had an aversion to sucking up to Judges, let alone arbitrators. The good one’s don’t require that. Those more ego than intellect certainly do. Respect the position. Hopefully in the end you can respect the person as well but you won’t know until it is all over. You show as much respect as you can but as some point you have to advocate aggressively and that sometimes means pointing out flawed logic and bias.

One if the best Judges I ever met is the Honorable Robert E. Jones, senior Judge for the United States District Court in Oregon. He was tough. He was fair. He was insightful. He has quite an ego. And I thought he did a mediocre job with one area, with the jury instructions. The jury came back with a small award against us on a case involving a former employee who was terminated for stealing my mail & answering some of it. I kid you not. I was unsophisticated with litigation at the time and I wrote the judge a letter and he recused himself from the case thereafter. I’ve never been able to figure out how to apologize. But he is the one by whom I measure all Judges and can’t help but wonder what he would think of this case. He would have thrown Max’s claims out probably.

But you don’t get sophisticated Judges when you arbitrate. Was Bill C overwhelmed and not up to the task or was there something else? I think so but there is more to this. I just don’t know what it is.


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