Wednesday, July 8, 2015

BREAKING: COURT ORDERS BETH MASON "FRIENDS" LANE BAJARDI AND KIMBERLY CARDINAL BAJARDI TO PAY OVER $275,000 FOR FRIVOLOUS LITIGATION


MILE SQUARE VIEW BREAKING NJ FIRST AMENDMENT NEWS


Superior Court hammers Lane Bajardi and Kimberly Cardinal Bajardi with $276,677 in frivolous litigation fees

Court: Bajardi's guilty of perpetuating "a SLAPP-suit" disguised as a defamation claim

Bajardi attorneys sanctioned by the Court: $4,000



In a major First Amendment decision issued today by Hudson Superior Court, Councilwoman Beth Mason's "friends" - Lane Bajardi and Kimberly Bajardi were slammed with $276,677 in defendants' legal fees for perpetrating a SLAPP suit.

Lane Bajardi of 1010 WINS and a "friend" of Beth Mason and Richard Mason was slammed along with his wife for over $275,000 for frivolous litigation.

SLAPP stands for Strategic Lawsuit Against Public Participation and was evidenced in many defendants' motions with the Bajardis' own emails before Hudson Superior Court in the almost three year civil litigation.

The court's ruling is likely to harbor major First Amendment ramifications for political free speech. Judge Patrick R. Arre issued an order for frivolous litigation and sanctioning several of the Bajaridis attorneys issuing the bulk of fees in motions by the Hoboken defendants heard in oral argument last May.

The bulk of the more than $275,000 fees were awarded to the defendants who went to trial: Nancy Pincus ($26,033) who writes the website Grafix Avenger, Roman Walter Brice, editor of The Hudson Mile Square View ($22,687) and named Screen Defendant M. Heyer $225,757. 

Otther anonymous screen name defendants in the case dismissed in April 2014 were awarded $2,200.

The Court agreed with defendants' request for sanctions hitting Bajardis attorneys: a $2,000 sanction to Jonathan Z. Cohen of Pennsylvania and $1,000 sanctions each to Whitney Gibson of Vorys, Sater, Seymour and Pease of Ohio and Amy Cox of Pennsylvania.

In its 36 page legal opinion, the court wrote, "Plaintiffs acted in bad faith and continually pursued claims with no basis in fact, while misrepresenting the facts to their counsel and to the Court," further adding, "this case at a minimum demonstrates bad faith, and approaches a fraud upon the Court."

From page 24 of the decision, the court ripped Lane Bajardi, who makes his living on the First Amendment as a radio newsreader on the graveyard shift for 1010 WINS as well as his wife, Kimberly Cardinal Bajardi.

Describing Lane Bajardi and Kim Bajardi, the Court wrote, "Plaintiffs... manipulated their attorney to perpetrate and perpetuate a SLAPP-suit disguised as a defamation case involving weighty issues of constitutionally protected First Amendment political free speech."

The legal opinion then went on to directly state, "Plaintiffs produced no evidence..." restated repeatedly throughout.

Talking Ed Note: The complete 36 page legal decision is included below:

Beth Mason and Richard Mason can enjoy this copy of the full legal opinion:




Kimberly Cardinal Bajardi - court designated frivolous litigator & SLAPP perpetrator


Update: The NY Post covered the story early in the am:

http://nypost.com/2015/07/09/1010-wins-anchor-owes-225k-in-legal-fees-for-failed-defamation-suit/ 

Western Edge and Washington St. infrastructure on tap tonight in City Council


Broadcast live streaming video on Ustream


It's a sleepy summer day but there's big final approvals up for Hoboken's retry on a Western Edge plan and infrastructure on Washington St tonight.

This is the sole City Council meeting until early August.

Hoboken City Councilwoman Jen Giattino and the eight other
members will weigh in on major final legislaion tonight.
On tap:

  1. SECOND READING/PUBLIC HEARING AND FINAL VOTE
  1. ORDINANCE OF THE CITY OF HOBOKEN ADOPTING THE “WESTERN EDGE REDEVELOPMENT PLAN,” DATED MAY 29, 2015 (sponsored by Councilman Cunningham and Councilman Doyle) (Z-357)
  2. BOND ORDINANCE AUTHORIZING THE REHABILITATION AND/OR REPLACEMENT OF WATER MAINS, THE COMPLETION OF DRAINAGE AND 
GREEN INFRASTRUCTURE IMPROVEMENTS AND THE COMPLETION OF PHASE I OF ROADWAY AND TRAFFIC SIGNALIZATION IMPROVEMENTS AND ENHANCEMENTS ALONG WASHINGTON STREET IN THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY; APPROPRIATING THE SUM OF $9,957,030 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $9,485,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING (sponsored by Councilwoman Giattino and Councilman Doyle) (Z-360)
  1. BOND ORDINANCE AUTHORIZING THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT IN AND FOR THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY; APPROPRIATING THE SUM OF $2,150,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE CITY OF HOBOKEN, COUNTY OF HUDSON, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,042,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING (sponsored by Councilwoman Giattino and Councilman Doyle) (Z-361)


Unrelated: Commenters are anticipating the uptown second ward City Council race this November.

There's a long list of potential candidates who are looking to take the seat currently occupied by Beth Mason - the most of any of the six wards in Hoboken.

The Ruben Ramos camp aligned with the Russo family and Carmelo Garcia is looking to field close to a citywide ticket and has its selected candidate ready to go.

For background on the massive street money in 2011 by the Mason family, see this MSV exclusive:

http://www.hobokenhorse.com/2011/06/breaking-52000-in-beth-masons-street.html