[kahlmy_ishmael]

If an attorney participates in perjury with his client before OSHA does attorney/client privilege attach?

Could you please provide the Ohio Revised Code citation/link and also a Federal Statute or Rule?

[ma0641]

Is this something you are directly involved with or Homework. Are all of your questions involving you directly? You never answer any previously raised questions. How do you know they perjured themselves? What proof do you have?

[kahlmy_ishmael]

There have been 3 questions; the first dealt with statute of limitations on a duress claim.

Per Robin Matthews of the Ohio BMV none of the 60 campground license plates were run per BMV Form 1173.

Wooster, OH Police Chief Matthew Fisher contacted the Ohio Highway Patrol LEADS CONTROL and discovered our plates had been criminally accessed there (defrauding the BMV out of $39 per tag search).

The eviction case for the 60 of us should have been heard in Municipal Court; instead it was heard in Common Pleas Court which confused the judge's civil secretary since that had never happened before

The "duress" claim was legit but I wanted the attorneys... who filed a sham pleading.. to be forced to answer before the judge

In the second case, it involved "product liability" and the judge seeing the omission of numerous internal studies.

I wanted to know if she was obligated to report "filing a frivolous motion" for the attempt to create a false impression JUST AS an attorney who refuses to cite adverse controlling authorities is trying to create a false impression.

[ma0641]

Where does OSHA fit in here? In your second case, were YOU involved in the litigation? How does the state losing $39 per tag affect you?

[kahlmy_ishmael]

OSHA is the third case involving unsafe product being shipped.


The $39 was the 2nd case; I was one of the individuals who was being subjected to what the local chief of police said was harassment and he also stated to the developer that if a confrontation occurred he would instruct his officers to consider the developer to have been the physical aggreessor.

The attorneys did not want to go to court to get the court judgment for eviction which would be enforced by a Sheriff's Deputy PRECISELY BECAUSE they would have had to:

1, answer for the sham pleading in their own motion
2. admit to the court that a criminal act had occurred in using LEADS CONTROL to defraud the Ohio BMV out of a little less than $2,400

The Police Officer would have lost his right to use LEADS which was the raationale that got a North Olmsted, OH cop fired.

But also, for the first time in LEADS history... there were co-conspirators; to wit, an ex-police sergeant and a corrupt city official who approached the policeman to use his password to access LEADS.

This is why they had to get aggressive with me.

They were protecting the cop
They were protecting themselves


Can you please provide me to a controlling case/rule for OSHA that shows attorney-client privilege does not attach to criminal conduct engaged in between the two?

[ScottGem]

The questions you are asking are very specific points of law. You need an attorney to research these items. Its really beyond the scope of a site like this.

[ma0641]

OSHA would not get involved in an unsafe product being shipped, out of their legislative purview. If an employee was injured because of a defective product, they would possibly have tort action but not OSHA. You seem to be trying to proceed in areas where you shouldn't. How or why are you involved in the alleged $2400 BMV loss? What was the loss to you? You make a lot of unsupported claims. But also, for the first time in LEADS history... there were co-conspirators; to wit, an ex-police sergeant and a corrupt city official who approached the policeman to use his password to access LEADS.

You do know what libel is don't you? Be careful what you post on a public website.

[kahlmy_ishmael]

Yeah, I know what libel is.


I also know what I asked and I know why I am asking it.





I asked for a specific cite regarding a controlling case and the first responder wants to know everything to the nth detail and am I doing homework

The MOD then comes in and says "hey!... you need to get an attorney for something that specific"

Now... can I have a controlling cite for an attorney who engages in perjury and fraud upon the tribunal?

[kahlmy_ishmael]

OSHA is involved in a "workplace retaliation" for me reporting unsafe tires being shipped and sold.

I am the one being retaliated against.

MAP-21, the Moving Ahead for Progress in the 21st Century Act (P.L. 112-141),

I have met my initial "prima facie" burden under 1988.104 AS EVIDENCED BY the Toledo Supervisory Investigator having assigned this case to one of her subordinates.

I can establish the perjury
I can establish the specious exhibits my employer offered


The employers' attorneys' "knowledge" of what they were doing is governed by
OHIO RULES OF PROFESSIONAL CONDUCT (Effective February 1, 2007; as amended effective September 20, 2016)

RULE 1.0: TERMINOLOGY
As used in these rules:


(g) “Knowingly,” “known,” or “knows” denotes actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances.



I've got them stone-cold busted.

The MOD didn't want to answer specific questions.


Great!


I have a new question (generic)

When attorneys engage in misconduct (fraud upon the court) and they are caught red-handed in the midst of that misconduct with their client...

... is there CONTROLLING CASE LAW for civil suits or administrative law hearings that allows the tribunal to rule immediately in favor of the opposing party (me)?

Thank you

[talaniman]

I seriously doubt any lawyer would work for free without a lot more facts, and documentation, which is apparently what you want. Consulating with your own lawyer would yield better results, than volunteers online. Sorry guy but before I go poking around the Ohio statutes, I would have to know what your surefire evidence was. Sorry again but regards to the law, opinions, and high hopes are meaningless.

If you were serious then you would have already had a free consultation with a lawyer. Again I encourage you to do so rather than arguing with online volunteers who cannot review your evidence or circumstance. Put simply, you have to show sufficient CAUSE for a judge to rule immediately.

Do you have that to present to a judge? Then file it!

[ScottGem]

Yeah, I know what libel is.


I also know what I asked and I know why I am asking it.


I asked for a specific cite regarding a controlling case and the first responder wants to know everything to the nth detail and am I doing homework

The MOD then comes in and says "hey!... you need to get an attorney for something that specific"

Now... can I have a controlling cite for an attorney who engages in perjury and fraud upon the tribunal?

That I am a MOD here is immaterial to my response. Essentially you are asking someone to do research for you for free. Yes sometimes we may do so out of our own curiousity or to back up our responses, but what you are asking is a lot more involved. I sincerely doubt that anyone here is going to expend the significant amount of time required to do your research for free.

[kahlmy_ishmael]

I don't have the money; that's why I'm here

That's fine; just say so then.


I asked a simple question

If I had the money, I would not be here.


I've made a prima facie showing; I need to win this now so that I can have enough to attract an attorney with the idea that OSHA's abatement provision will allow him/her to recovr their fees.

I don't work for free nor do I expect others to do so.

If you don't want tp help, then don't.

[kahlmy_ishmael]

"Do you have that to present to a judge? Then file it!"


I'm in the process of doing that.

The employers' attorneys have taken advantage of the fact that they are dealing with a non attorney OSHA Investigator and a pro se litigant.


I know what I'm going to say; I just need to back it up with a controlling FEDERAL case that allows Tribunals to rule that "fraud upon the court/tribunal" allows the tribunal to suspend further consideration of their claims and rule in my favor

When attorneys engage in misconduct (fraud upon the court) and they are caught red-handed in the midst of that misconduct with their client...

... is there CONTROLLING CASE LAW for civil suits or administrative law hearings that allows the tribunal to rule immediately in favor of the opposing party (me)?

Thank you



PS.-- the NEXT STEP in the proceedings with a ruling in my favor would mean they would have to take matters in a "de novo" hearing before an ALJ and then a civil suit in US District Court.

Does MISCONDUCT here disable their ability to pursue this later on?

My thinking involves the use of the legal term "constructive" and couple that with what I already know that one must exhaust all their administrative remedies before seeking relief in a higher successor tribunal.

Due to their MISCONDUCT, i'd allege that they CONSTRUCTIVELY failed to exhaust all their administrative remedies.


Of course, if there's SOMETHING IN CONTROLLING AUTHORITY that renders such an argument uneccessary, I'd appreciate the cite.

[ScottGem]

I understand why you are asking here. I'm just trying to explain to you that your expectations are not realistic. What you may try is going to a local law school. Many have free clinics that might be willing to do this as a learning exercise.

[talaniman]

Are you listening? It cost money to find what you want, or at least find one who will represent you pro bono. It's foolish to even involve yourself unrepresented against another lawyer, so my answer is NO, there is nothing in Ohio law (Or any state) to get you an immediate summary judgement.

Opposing counsel will be heard, and briefs filed for a judge to consider. That's just common sense how the legal system works in America. I suggest you ask your question to a member of the local ACLU, if you don't believe me.

Who told you that you can fight the Federal or State government without a lawyer?

[kahlmy_ishmael]

Well, I'd like to slow things down but the Investigator is required to proceed at a certain pace as the number of OSHA cases is astronomical.

In San Francisco, they pencil-whipped through their cases with only a 2.8% meritorious findings and an OSHA attorney got fired when he compllained that his bosses at OSHA altered his reports...

This is only a $13/hour job but they are endangering lives; this is scoiopathy.


This is a time-saving mechanism where hopefully I can deliver a knockout blow early on.

I understand if someone is ambivalent; then don't help me

But please don't accuse me of asking for homework help nor think that I have not already approached attorneys... this is NOT a $150,000 a year job.

I know attorneys need retainer fees to keep their offices functioning and bills paid.


The employers' attorneys knew this also; that's why they felt this was a good gamble to provide the specious exhibits and false testimony.

So EVEN IN THE PRESENCE of attorney/client misconduct the tribunal is disallowed from ruling in my favor?

I have no choice but to fight this myself; I don't have the financial means to pay for a retainer fee

[ma0641]

OSHA is involved in a "workplace retaliation" for me reporting unsafe tires being shipped and sold.
I have dealt with OSHA since it's inception in 1971. I have NEVER seen any retaliation, particularly under your position about shipping unsafe tires. What is the workplace hazard to YOU, that is what OSHA cares about? CPSC or NTSB would cover tires. OSHA does offer whistle blower protection BUT it pertains to YOU being harassed by the employer, OHSA stands behind you. You appear to have a lot of issues, OSHA, lost revenue to the BMV and I'm sorry but I don't see a direct link to YOU.

[kahlmy_ishmael]

This is workplace retaliation under MAP-21

The protected activity was reporting this to the NHTSA (Secrtary of Transportation.

I cited 1988.104 and I've already made the necessary "prima facie" showing of retaliation.

You are talking "workplace hazards" and not "defective products"

The train has already left that station... we are in INVESTIGATION MODE and the attorneys for the two employers have already submitted written lies to the OSHA Investigator.

https://www.osha.gov/pls/oshaweb/owa...ARDS&p_id=1111

I never said OSHA lost revenue to the BMV... That answer was provided in response to the guy who was bellyaching about me coming here to do homework and never replying when a question was asked

[ma0641]

Sorry but I think the train has left another station too. From what I read of your postings, there is vast collusion between OSHA, lawyers, judges, companies and others, notably against you. BTW,Notice there was a comma between OSHA and lost revenue, 2 instances you noted. "Stone cold busted"? Time to say "By" and good luck with future jurisprudence.

[kahlmy_ishmael]

Well, coming from the guy who said workplace retaliation wasn't in OSHA's legislative purview and then doubled down by saying you had been familiar with them since 1971 ONLY THEN to get hyperlinked to the OSHA web site on MAP-21...

.. you saying "goodbye" is a good thing.

I'm not taking advice from someone who doesn't have the slightest idea of what he is talking about.