Seamen's Justice Center

Update

This is an extremely busy time for me and I am travelling to Iowa City, Ia to do legal research at the University of Iowa Law Library. Although I do not relish this activity it is necessary because of the Bogus lawsuit which the Seafarers International Union has initiated against me In Iowa District Court in Clinton County. However, the skills that I am learning in the process should allow me to help many seamen no matter how the suit turns out.

So far, the Seafarers lawfirm has conducted this action as if they have no clue about how to go about things. They have filed at least three petitions which have no effect because they were not sent after the Clerk of Court put her Seal and Signature on the Petition. Finally, the Clerk sent me a copy of the petition and I can move forward with either a motion(which I will make this week)or and Answer to the petition. I will keep everyone informed of the process that occurs.

-----------------------------------------------------------------------------------------------------------------------------

This week the service that hosts this new blog concept starts charging a monthly fee. Initially, at least until I can figure out how to install a program of this type on my web page, I will continue with this service. Eventually I hope to incorporate a Bulletin Board function so Rank and File Seamen will have a place to communicate with each other.

Seafarers attorney of record quits, afte committing a gaff in Filing the Lawsuit

Today I received a copy of a notice to the court(required)that Eric K. Fisher , was leaving(fired?)the employ of the firm which is representing the SIU in the case against me. He was the attorney that got smart with me on the phone when I pointed out to him that the service of process was deficient and would not bring me before the court. His boss corrected his gaff and re-filed the case. And in case they think I am out of ammunition, they need to pay close attention.

I spent the day at the University of Iowa Library researching Media and Internet Defamation case. I feel a whole lot better of my chances against the SIU now. Hopefully the Judge will throw this thing out of court before to much more time goes by. I am considering a cross-complaint for frivolous litigation as there is no SLAPP suit law in Iowa yet. Tomorrow I will begin drawing up my initial papers to file with the court.

Plaintiff, Seafarers has to re-file the lawsuit because of defective service

This morning I received another visit from our county sheriff's office. How nice! :( The good thing was that the lawfirm decided that they had to refile the case. I imagine they are a little less arrogant now, and beside having to refile the action they will have to reserve the discovery documents as well. So, now I have 20 days to figure out my next move. I have one already planned but will keep it under wraps until I let them know.

Legally, I imagine that I have to do that now. Once I file whatever court papers I decide to serve on them, I will print it on the internet and then describe what I have done on this blog. Any decisions that come down will also be printed as long as they are made part of the legal record. Those records are always open to the public, unless the Judge on a case decides that there is a reason to seal the case. I don't forsee that happeing in this case.

Have a nice evening

Bob Swanson

Not much has been going on for the last several days.

I have received a lot of favorable comments from many rank and file unionists. Many of them are fighting the same kind of battle that I face now. The Unions have decided to try to shut us all up, that much is becoming obvious.

Included on the blog today is a reprint from the GANGBOX rank and file discussion group. They have really picked up my plight and I have learned some valuable tips that should help in this fight.

From the Gangbox:

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Msg #
From: "theinfamousvinniegangbox"
Date: Sat Jul 12, 2003 3:18 pm
Subject: Re: Fwd: Seafarer needs help in fighting a S.L.A.P.P. suit files by the SIU

ADVERTISEMENT

David,

The reason that I advised the brother to get a lawyer IN THIS CASE
was because he's being sued by a union, the Seafarers Int'l Union,
that has some of the best lawyers the members dues money can buy.

In other words, he needs major backup.

However, I do agree with you about labor lawyers in general, and AUD
lawyers in particular. And I would further advise that we should not
have illusions about the corporate ruler's law courts being a place
where we can solve our problems with the union bosses..that's not
realistic, we're better off if we build an opposition from below.

Bottom line, taking unions to court is, generally speaking, not a
good idea..you probably won't win, they probably will...but, if they
take you to court, come with a lawyer, for your own protection.

GREG

--- In gangbox@yahoogroups.com, "david johnson" wrote:
> So if I understand this correctly, there are some decent Labor
attorneys out there. I am glad to hear it !
> My experience has been that that attorneys ( even those connected
via AUD ) led rank and filers out on limbs and NOT provided back-up
like they implied.
> Sure its difficult to do per se legal work, but when faced with an
alternative of some lawyer who promises you the sun, moon and stars,
takes your money, and does nothing for you, then the per se option is
another form of direct action.
> A Carpenter in upstate New York named John Newell ( you know him
Greg ) can enlighten you on his experiences with AUD lawyers.
> I hope I am wrong and that there is hope among the legal
profession. not just for our benefit, but also for their own souls.
>
> David Johnson
>
> -----Original Message-----
> From: Carl Bishop
> To: gangbox@yahoogroups.com
> Date: Friday, July 11, 2003 6:46 PM
> Subject: Re: [gangbox] Re: Fwd: Seafarer needs help in fighting a
S.L.A.P.P. suit files by the SIU
>
>
> Vinnie I read your message to Brother David and my comments
regarding your info .
>
> I'm a union Ironworker in Atlanta Ga . and was charged by my local
387 for slandering an officer and violating my oath as a union member
and fined 10,000 smackers .
> This was all because I ask to see records of cell phone use by our
BM .
> I hired Arthur Fox who in my opinion is one of the best union labor
Attorney's in the country , he is located in DC .After hiring Mr.
Fox my fine and charges were dropped because of being protected
under the LMRDA freedom of speech issues .
> We have also filed a federal law suit in DC to remove the articles
from the Ironworkers constitution inwhich I was charged under , we
fill they violate members freedom of speech .
> Mr. Fox has already won a suit in federal court in DC regarding the
plumbers constitution . A federal judge forced the plumbers to remove
the wording in there const that was illegally violating members
rights under the LMRDA.
>
> 202-371-6626 Arthur Fox pro union an a board member of Association
for Union Democracy in Brooklyn NY
>
> ----- Original Message -----
> From: theinfamousvinniegangbox
> To: gangbox@yahoogroups.com
> Sent: Friday, July 11, 2003 5:28 PM
> Subject: [gangbox] Re: Fwd: Seafarer needs help in fighting a
S.L.A.P.P. suit files by the SIU
>
>
> Brother David,
>
> Well...irregardless of what the law says, this brother is getting
> sued. We all know that the law works differently for workers than
it
> does for the wealthy...including wealthy union bosses.
>
> In particular, due to the longstanding alleged < cosa nostra >
ties
> of the Seafarers International Union, they have very very very
good
> legal representation...
>
> As for going pro se (that's Latin, it means representing yourself
in
> court)...that's kinda hard to do..and it's dumb easy to lose a
case
> if you are representing yourself...or, as the lawyers say, "a man
who
> represents himself has a fool for a client".
>
> As for legal councel, I'd recommend the brother try Arthur
Schwartz 1
> (212) 358-1500, Nathaniel Smith 1(212) 227-7062 or Ron Kuby (I
don't
> have a number for him, but he's in the Manhattan phonebook).
It's
> worth a shot.
>
> GREG BUTLER
>
> --- In gangbox@yahoogroups.com, "david johnson"
wrote:
> > This is bullshit !
> >
> > Union members have a right under federal Labor law ( LMRDA ) to
> ABSOLUTE free speech in regards to union officials. The LMRDA
> specifically states that even if a statement by a rank and file
> member ISN'T true, that union officials have to PROVE that said
rank
> and filer KNEW the information was false and stated the info with
an
> attempt to slander ( or libel ).
> >
> > I personally wouldn't waste any money on an attorney with
something
> like this. You should do the legal research and represent
yourself.
> There are very few good attorneys in general and even fewer good
> labor attorneys who are competent and are willing to represent a
rank
> and filer.
> >
> > David Johnson
> >
> > -----Original Message-----
> > From: The Infamous Vinnie Gangbox

> > To: gangbox@yahoogroups.com
> > Date: Friday, July 11, 2003 8:41 AM
> > Subject: [gangbox] Fwd: Seafarer needs help in fighting a
> S.L.A.P.P. suit files by the SIU
> >
> >
> >
> > --- Robert Swanson wrote:
> > > From: "Robert Swanson"
> > > To:
> > > Subject: Seafarer needs help in fighting a S.L.A.P.P. suit
files
> by
> > > the SIU
> > > Date: Fri, 11 Jul 2003 08:25:05 -0500
> > >
> > > My former Union, the Seafarers International Union, has
> initiated
> > > a
> > > S.L.A.P.P suit to try to shut up the voice of the rank and
file
> > > members of
> > > the SIU. Other groups can expect more of these kind of
actions
> if
> > > this
> > > one is sucessful, and unless I can raise enough money to get
> legal
> > > representation I will not be able to prevail in this
action. Of
> > > course,
> > > if anyone knows a lawyer who would represent me Pro Bono, I
> would
> > > love to
> > > hear from them. My efforts at finding a lawyer have been
> > > unsuccessful.
> > >
> > > This action is a disgrace to Organized Labor and is intended
to
> shut
> > > us up.
> > >
> > > You can read more about this matter at:
> > >
> > > http://www.gmtel.net/web/seajustice , I have also started
a
> BLOG
> > > to keep
> > > a daily log which others can read at:
> > >
> > > http://seafarersrankandfile.typepad.com/seajustice
> > >
> > > Whatever you can do to publish this action more widely is
> > > appreciated.
> > > Feel free to use any information you find on either the web
page.
> > >
> > > Thank You
> > >
> > > Robert Swanson
> > > Seamen's Justice Center
> > >
> > > PS Feel free to post this to your Newsletter. This is
going
> to be
> > > a
> > > trend if the Seafarers are sucessful in this action and they
will
> be
> > > unless
> > > I can find legal representation to help me fight them.
> > >
> > >
> >
> >
> > __________________________________
> > Do you Yahoo!?
> > SBC Yahoo! DSL - Now only $29.95 per month!
> > http://sbc.yahoo.com
> >
> > Yahoo! Groups Sponsor
> > ADVERTISEMENT
> >
> >
> >
> >
> > GANGBOX: CONSTRUCTION WORKERS NEWS SERVICE
> >
> > GANGBOX homepage:
> >
> > http://www.geocities.com/gangbox/
> >
> > comments? email:
> >
> > "UNION NOW, UNION FOREVER"
> >
> > Your use of Yahoo! Groups is subject to the Yahoo! Terms of
> Service.
> >
> >
> >
> > [Non-text portions of this message have been removed]
>
>
> Yahoo! Groups Sponsor
> ADVERTISEMENT
>
>
>
>
> GANGBOX: CONSTRUCTION WORKERS NEWS SERVICE
>
> GANGBOX homepage:
>
> http://www.geocities.com/gangbox/
>
> comments? email:
>
> "UNION NOW, UNION FOREVER"
>
> Your use of Yahoo! Groups is subject to the Yahoo! Terms of
Service.
>
>
>
> [Non-text portions of this message have been removed]
>
>
> Yahoo! Groups Sponsor
> ADVERTISEMENT
>
>
>
>
> GANGBOX: CONSTRUCTION WORKERS NEWS SERVICE
>
> GANGBOX homepage:
>
> http://www.geocities.com/gangbox/
>
> comments? email:
>
> "UNION NOW, UNION FOREVER"
>
> Your use of Yahoo! Groups is subject to the Yahoo! Terms of
Service.
>
>
>
> [Non-text portions of this message have been removed]

Area Newspaper picks up the story from the local rag.

The Quad City Times which has quite an extensive readership in Eastern Iowa and Western Illinois did an article on the Seafarers Action against me today. I have place the article on the Seamen's Justice Center web page at:

http://seafarersrankandfile.typepad.com/seajustice

I finally found an attorney that is willing to give me some guidance at an hourly rate of $200 dollars. That means I can afford him for 2 1/2 hours with the present funds I have in my Defense Fund. The Total collected so far is $550 dollars of which I have expended so far, 50 dollars. This amount was from the generous donations of a Retired Radio Officer and an SIU seaman and his mother.

Again, I ask everyone who has an interest in Justice to give what you can, if you can. If you can't , I understand. I realize the monetary pressures that we all feel today, especially when living on a fixed income.

My goal is to come up with $5,000 dollars(its a lofty goal, but if I do then I can successfully defend against this S.L.A.P.P. suit. The lawyer that I counseled with believes that the case is without merit. A union cannot be defamed and the things I printed on the web for informational purposes are protected by the first amendment , so says the Supreme Court of the United States.

In order for them to prevail they are going to have to prove malice toward ? who? I do not know that question yet as their pleadings are so vague as to be unanswerable. Until they identify the officer who they think has been defamed their suit has no buttons, so to speak. Of course there will be a counterclaim!!

Perhaps the SIU will publish the link to this blog, since Jordan Biscardo and John Sacco both visited the site today trying to crack into my computer.

The Newspaper picks up the story.

I spent yesterday, August 8, talking to attorneys about representation , three of them, and unfortunately didnt have any luck in getting one to take the case.

This morning, Kaye Luna of the Quad City times contacted me about the case as she saw the legal notice in one of our local papers the Clinton Iowa Herald. She inquired as to what the Seamen's Justice Center was about, but it was the amount of money that the SIU was asking for that drove the interview. I informed her that according to the Iowa Supreme Court the complaint is never supposed to include an amount certain as it was determined that it is prejudicial and embarrasses the person being sued within the community.

I also informed her of the fact that the case has procedural issues. The main issue being the fact that the complaint served upon me without leave of the court and was not signe by the clerck of court or a Judge. It is therefore illegal. It can be recast and served again but it is defective as it stands.

She asked me who my attorney was and I informed her that I did not have one as it seems that no attorney wants to handle this case Pro Bono.

We talked about the fact that it is very difficult to win a defamation case against the media for a number of reasons which are stated in decided by the U.S. Supreme Court. I informed her that I was somewhat familiar with those decisions, although not all by any means. She stated to me that it was her understanding that what It was difficult to file suit againt someone for what is printed on a web page, as decided by the courts. I stated that I knew, according to legal precedents that a showing of malice would have to be made by the media outlet in order for a plaintiff to prevail in an action. It was a short interview and I couldn't hope to get all of my information out to her and realize that she will probably have a small space in which to print this story.

I hope that she is fair in her reporting of said information.

Hopefully, she will put this story on the national wire and it will be picked up.

Today, July 7, 2003, I contacted several lawyers concerning my case and they were in agreement with what I had already determined in my own legal research. I did discover that it will be almost impossible to find an attorney to represent me, especiall locally. What I need to find is a Lawyer who hates the SIU and would be willing to represent me Pro Bono. If anyone who reads this Blog know of such and attorney, please contact me at:

Robert Swanson
427-8th Avenue
DeWitt, IA 52742
319-659-8507

Here is a letter that I just wrote to the two attorneys who have been hired by the SIU to represent them. Although I imagine they are just acting as front men, because it appears from all practical purposes that they make their living off of Illegal Alien cases. Just an assumtion on my part from overhearing several of the women in their office talking on the phone in spanish. A lot of the Literature in the office was also in the spanish as well as English Language.

Below is the letter that I just sent them.

That's it for today.

--------------------------------------------------------------------------------------------------------------------------

Mr. McAndrew:

In the Matter of Seafarers International Union
v

Robert Swanson

According to the Iowa Rules of Civil Procedure, you do not have the leave
of the Iowa Courts to initiate a lawsuit until service of an Original
Notice, attached to the complaint and signed by the Clerk of Court is
served upon me. To date is has not been and the Clerk of Court has not
signed one. Therefore, you have not served me legally binding court
papers,

I do not intend to make it easy on you by filing an appearance to negate
the need for you to file an original notice in the proper form and
containing ALL of the required items.

Now, I realize that if you choose to refile this action then I will either
have to answer it or you might be granted a default judgment. If you
refile it, and serve me properly of course I will answer your petition.
Either you are totally incompetent, or your only intention in filing this
suit against me is to cause me embarrassment in the my community. If that
is your intention then you have and will fail in your effort.

Since the Supreme Court has made a ruling that asking for an amount certain
in this type of case is not proper, I can only assume that you shepardized
the precedents that apply to this case, but then again maybe you don't know
what you are doing. Asking for the Million Dollars was just to embarrass
me.

In any event, and if you have filed the case for the Union(even that is in
doubt because you must know that you can't win a defamation case in the
Unions name, especially when you haven't properly named which corporate
entity is filing the suit. It wouldn't matter because the case would be
thrown out.

You can try to make a case for defamation against the officers but you are
going to have to name them in the complaint as parties. Even if you do and
even if you win, you and the union will get nothing. I assure you that
winning will not be the cakewalk that you envisioned. I have defeated the
SIU in legal battles twice and am certainly up to the challenge again.

So, if you refile the case, I will answer and present my affirmative
defenses. I will also file a cross claim. In addition to this, I will
be writing to the Iowa State Bar Association, if I determine that a
malpractice suit against you is not feasible.

I am aware of the fact that I can't do both and a better remedy might be
the malpractice action. I will file Malpractice Charges against you if
my research indicates that I could prevail. You just don't have the right
to violate the notice requirements and thus the due process of law that I am
entitled to.

In the end, either way you go, you will get nothing and the Court is not
going to be pleased with an officer of the court filing a frivolous lawsuit.

If you don't refile and try to get the court on some pretense to award you a
default judgment, you will get nothing anyway. I will, if that happens,
have the opportunity to get any judgment you might be awarded thrown out in
the appeals process.

So refile the case, I will answer and await your discovery documents and
then of course you will have to restate your ridiculous complaint and when
you identify the real parties of interest in the case(I assume it's Mike
Sacco and possibly a few others)I will have the opportunity to depose them
and make discovery of their records, etc. AND, they will have to come
to Iowa to be deposed!!

Sincerely

Robert E. Swanson
Seamen's Justice Center
427-8th Avenue
DeWitt, IA 52742

cc MEBA Listserve
Seajustice Web Page
Seajustice Web Log

Today I have to talk to a couple of lawyers concerning the Action that the Seafarers International Union has filed against me. From the legal research I have conducted, it does not appear that they have a valid case and they are only attempting this suit to harass and embarass me. If that is their motive, then they will fail miserably.

Sure, they have lots of money--the members money--to fight me in court. I have none and will have to go up against their phalanx of lawyers by myself. I am up to the task, but will the courts listen to me? That is doubtful as most courts frown on litigants handling their own legal matters. There view is that it may dilute their oligarchy. If enough people decided to stick together it probably would. That scenario would certainly make our courts better and freindlier forums for the average man.

Unless you have a case where the lawyer is pretty certain they realizing a good bit of cash, they are not interested. It is not about justice and it is about an uppity game played by a few arrogant men and women. In recent years the practice of law has become a game for a few individuals to hopefully gain access to the good life. The good life they seek is achieved at the expense of the masses and is an abominable situation. Are there decent, caring lawyers? Yes, but many of them get out of the system rather than succumbing to the system.

Robert Swanson

Seajustice Web Log

This is the first post of the Seamen's Justice Center Web Log. At present I am the only one approved to post to the site, and that is only because I am new at this and am not familiar with all of the mechanics of the blog yet. I invite you to join and send me the information that you would like published. Later, when it is possible I intend to add a discussion forum for everyone to discuss issues facing each of us. It will be a place to discuss anything as long as we remain civil to each other. Freedom of Speech will reign.

Robert Swanson
Seajustice Blogger