Read the Beforeitsnews.com story here. Advertise at Before It's News here.
Profile image
By Reason Magazine (Reporter)
Contributor profile | More stories
Story Views
Now:
Last Hour:
Last 24 Hours:
Total:

A $5,764 Small Claims Judgment Leads to …

% of readers think this story is Fact. Add your two cents.


The history of the litigation in In re Hailey, decided by the Virgin Islands Supreme Court last Wednesday:

2014: Tropic Leisure Corp. gets a $5,764 judgment in Virgin Islands small claims court against Jerry Hailey.

2015: Tropic Leisure domesticates the judgment in North Carolina, presumably so it can then enforce it against Hailey’s property in North Carolina. But Hailey appeals, and (in 2017) the North Carolina Court of Appeals holds that the judgment violated the Due Process Clause. Why? The Virgin Islands small claims court, the North Carolina court concluded, not only forbade people from being represented by counsel (common for small claims courts) but also didn’t offer a chance to have the case be reheard anew in a court which did allow counsel.  Tropic Leisure petitioned for review by the N.C. Supreme Court and then the U.S. Supreme Court, but both courts (still in 2017) denied review.

Back in 2015: Hailey sues Tropic Leisure in North Carolina, claiming that the Virgin Islands small claims judgment violated his constitutional rights under color of law.

2018: Hailey wins a $29,311 jury verdict in North Carolina, and also gets $182,070 in attorney fees. There’s an appeal pending to the North Carolina Court of Appeals.

2019: Hailey then tries to domesticated the North Carolina judgment in the Virgin Islands.  After some complicated procedural stuff, the case ended up in the Virgin Islands Supreme Court.

2020: The Virgin Islands Supreme Court just held that the North Carolina judgment violated the Petition Clause of the First Amendment, by penalizing nonfrivolous litigation:

Here, the two North Carolina judgments impose civil liability on the respondents for filing a successful lawsuit against Hailey in the Small Claims Division of the Superior Court of the Virgin Islands resulting in a judgment that, while not enforced by the North Carolina courts, still remains valid and enforceable in the Virgin Islands.

(It also held that, under Virgin Islands law, defendants in small claims cases were never denied the right to counsel, because “a matter filed in the Small Claims Division should be transferred to the Civil Division [where counsel can be used] whenever counsel is retained or even just requested.”)

No word on whether Hailey will be petitioning for U.S. Supreme Court review, or what both parties’ aggregate attorney fees now are.



Source: https://reason.com/2020/08/25/a-5764-small-claims-judgment-leads-to/


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!


Order by Phone at 888-809-8385 or online at https://mitocopper.com

Order by Phone at 888-809-8385 or online at https://www.herbanomic.com


Get our Free Ebook, "Suppressed Health Secrets"  with  Natural Cures THEY don't want you to know!

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Organic Hemp Extract (CBD) - Full Spectrum high CBD (3300mg) hemp extract eases stiff joints, relieves stress and more!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse
Loading...
Loading...

Comments

Your Comments
Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

MOST RECENT
Load more ...

SignUp

Login

Newsletter

Email this story
Email this story

If you really want to ban this commenter, please write down the reason:

If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.