Legal Blog: 1 Ignored Judge + 1 Arrogant Company = Family Court Fun!

Wal-Mart has, unsurprisingly, been the target of more lawsuits than one can count over the years. The company’s treatment of it workers and “save money at all costs” mentality has resulted in a flood of legal challenges ranging from single plaintiff suits to multi-million dollar class actions. Dukes v. Wal-Mart is of course one large example (the largest class action in American history, actually), as are the myriad wage/hour/overtime class actions the company faces.

Just as important as those large class actions, however, are the countless suits filed by individual plaintiffs – the tiny David trying to win justice over Wal-Mart’s Goliath. We at Wal-Mart Watch will be focusing on one of these stories each week, highlighting those cases that warrant further attention because of the light each sheds in its own way on how Wal-Mart does business.

Courtesy of one of our wonderful interns, Cass...an oldie but goodie! (the case, that is)

O’Neil v. Wal-Mart Corporation - Decision and Order

The scene: 2005, New York State, family court.

The plot:  A family court judge order a young women to include her stepchild on her employee benefit plan.  Part of her husband’s custody arrangement is providing medical benefits, and hey, what’s mine is yours, right?  She tries.  Wal-Mart refuses. Then the judge specifically decrees that Wal-Mart put this kid on the employee benefit plan as a dependent. Still, Wal-Mart ignores a court order, inviting the Department of Social Services to sue.

Two years later the civil court judge finally has enough of Wal-Mart’s shenanigans and orders them to follow the court order and put the damn darn kid on the insurance plan.

Note: I’m amazed it took 2 years for the judge to snap.  If there is one thing judges hate, it’s people ignoring court orders. Wal-Mart essentially walked into court and said, “We are going to waste your time and thousands of dollars all while completely dissing the expertise of your fellow judge.  Please, please rule against us!” They could have been more disrespectful if they had literally destroyed the court order in front of said judge sometime during the trail.

Well said Cass! And bravo, Wal-Mart. You do always give us something to write about.

Posted by Corey Himrod on Thursday, June 26, 2008

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COMMENTS

I workes for walmart for 13 years and it was a nice place to work and they have the best insurance in the world.

maxine in AR
Thursday, June 26 at 04:51 PM

The Beast of Bentonville may lack many things but arrogance isn’t one of ‘em.

Ken V in Texas
Thursday, June 26 at 07:06 PM

“I workes for walmart for 13 years and it was a nice place to work and they have the best insurance in the world."~maxine in AR

More like they have the best insurance in YOUR little world maxine.

R E M E M B E R
J O N Q U I E R E
Q U E B E C
Home of Walmart Worker Abuse

R E M E M B E R
J A C K S O N V I L L E
T E X A S
Home of Walmart Worker Abuse

Alex in Ontario, Canada
Thursday, June 26 at 09:27 PM

I am a current Wal-Mart associate and a former
Guardian ad Litem working with abused children
in the family court system.

As far as I can tell, a court order can over-ride
any decision made by Bentonville.

I am glad that Social Services filed a law suit
against Wal-Mart. It is time that Wal-Mart pays
a heavy debt to this part of siciety.

If I had ever been placed in a position of following
a decision made by Bentonville, or obeying a
Court Order, there is no question in my mind, the
Court Order comes first.

Rob in Surfside Beach, SC
Friday, June 27 at 10:59 AM

There really is no ‘maxine’ in AR, I just made her up. Walmart sucks big time on healthcare and everybody knows it except my imaginary ‘maxine’ in AR. Walmart also needs to look like they care for employment of the illiterate poor so I added that in.

I think I overdid it with the “best insurance around”. What do you think?

Adios suckers.

bbrd in Walmart's internet shills, frauds and trolls Dept.
Friday, June 27 at 02:58 PM

you are an arrogant sob ken.you you know what does stink pal.

m att hew vantress in gresham,oregon
Saturday, June 28 at 06:03 AM

Speaking of court decisions and the affirmed right of individual gun ownership…

Metal detectors to enter WalMart? I predict a rise in gun fights from employees first and then customers. WalMart has the vicious culture of stress combined with abuse. In addition to that people really don’t want to be there. They all go out of desperation.

SanDiegoView in
Saturday, June 28 at 09:14 AM

In addition to that people really don’t want to be there.

Marshall Blonsky, a professor of semiotics at the New School and Parsons School of Design, both in Manhattan, found the store’s (Wal-Mart’s) overall design, from its fluorescent lighting to its warning signs about shoplifting to its plain linoleum floors, conscientiously non-threatening in its lack of style.

With closed-circuit television streaming product-moving information at shoppers and little help in making purchasing decisions except at the checkout aisles, “it is a heartless experience,” he said.

Ken V in Texas
Saturday, June 28 at 02:24 PM

...and little help in making purchasing decisions except at the checkout aisles…

Since they won’t have the personnel to properly cover sporting goods, Rosio from Cuernavaca will have to do…

“Tres mil vatios laser pulso pistola por favor”

Que senor?

SanDiegoView in
Sunday, June 29 at 01:44 AM

I can see it now..... should I choose the Utz potato chips or Lays brand...... let’s see.... I don’t know so let me find a shelf stocker who can tell me which one I will like because I’m just a stupid consumer.  Or I can go to my local Safeway store where I still have to look for a shelf stocker to tell me which one I would like and I will be so happy for that advice that I’m willing to pay a few more dollars for the product vs. if I purchased it at Walmart.

mary in
Sunday, June 29 at 01:19 PM

...I’m just a stupid consumer.

Bingo!

“Here’s the thing: don’t ever buy anything from Walmart, ever. I knew this, and ignored it, and now I’m paying the price.”* ~ Unicorn

*Thanks to the Consumerist

Ken V in Texas
Sunday, June 29 at 03:34 PM

Have you ever heard that a dog “knows” when an earthquake is about to hit?

Have you ever heard that a dog can “sense” when a tornado is stirring up, even 20 miles away?

Do you remember hearing that before the December tsunami struck Southeast Asia, dogs started running frantically away from the seashore, at breakneck speed?

Do you know that dogs can detect cancer and other serious illnesses and danger of fire?

Somehow they always know when they can ‘go for a ride’ before you even ask and how do those dogs and cats get home from hundreds of miles away?

I’m a firm believer that animals - and especially dogs - have keen insights into the Truth.

And you can’t tell me that dogs can’t sense a potentially terrible disaster well in advance


Simply said, a dog just KNOWS when something isn’t right .. . when impending doom is upon us . . they’ll always try to warn us.... !!

So thats why my dog went over to the neighbors house, hiked his leg & pissed all over the Obama sign on the front lawn!

KMS in
Sunday, June 29 at 06:27 PM

Instead of trying to be cute, KMS, how about assuming a little personal responsibility for your dog and respect for your neighbor’s property?

John McSame—‘08

Ken V in Texas
Sunday, June 29 at 07:07 PM

‘Hanoi Hilton’ Jailer Says He’d Vote for McCain

“If I were an American voter, I would vote for Mr. John McCain,” Tran Trong Duyet said Friday, sitting in his living room in the northern city of Haiphong, surrounded by black-and-white photos of a much younger version of himself and former Vietnam War prisoners.

At the same time, he denies prisoners of war were tortured. Despite detailed POW accounts and physical wounds, Duyet claims the presumed Republican presidential nominee made up beatings and solitary confinement in an attempt to win votes.

Stockholm syndrome: An extraordinary phenomenon in which a hostage begins to identify with and grow sympathetic to their captor.

Ken V in Texas
Sunday, June 29 at 07:34 PM

“Simply said, a dog just KNOWS when something isn’t right .. . when impending doom is upon us . . they’ll always try to warn us.... !!”

The only person that posts here regularly that uses double exclamation points (!!) is RDS........BUSTED!

Big D in
Sunday, June 29 at 08:21 PM

Big D,

Sorry, but that wasn’t posted by me, but I do agree that ‘dogs’ are a lot smarter, than most anti Wal-Marters!!

If you looked closer, I use double (!!) after all of my sentences, except questions, NOT just after exclamations!!

RDS in
Monday, June 30 at 02:33 AM

Ken,
Check this. It’s not Mcsame.

Subject: Michele Obama

This is a snippet of Michele Obama’s Princeton thesis, which was restricted
and not available for viewing.

This does not bode well for USA 2008 national elections, if fact
it is scary!!

According to Snopes.com, Princeton was requested to put a
“restriction” on distribution of any copies of the thesis of Michelle Obama
(a/k/a/ Michelle laVaughn Robinson) saying it could not be made available
until November 5, 2008 but when it was published on a political web site
they decided they would lift the restriction.

Subj: Thesis - Michele Obama aka Michelle LaVaughn Robinson

OBAMA’S MILITANT RACISM REVEALED

In her senior thesis at Princeton, Michele Obama, the wife of
Barack Obama, stated that America was a nation founded on “crime and
hatred”. Moreover, she stated that whites in America were “ineradicably
racist”.  The 1985 thesis, titled “Princeton-Educated Blacks and the Black
Community” was written under her maiden name, Michelle LaVaughn Robinson.

Michelle Obama stated in her thesis that to “Whites at Princeton ,
it often seems as if, to them, she will always be Black first...” However,
it was reported by a fellow black classmate, “If those “Whites at Princeton
“ really saw Michelle as one who always would “be Black first,” it seems
that she gave them that impression”.

Most alarming is Michele Obama’s use of the terms “separationist”
and “integrationist” when describing the views of black people.

Mrs. Obama clearly identifies herself with a “separationist” view
of race.

“By actually working with the Black lower class or within their
communities as a result of their ideologies, a separationist may better
understand the desperation of their situation and feel more hopeless about a
resolution as opposed to an integrationist who is ignorant to their plight.”

Obama writes that the path she chose by attending Princeton would
likely lead to her “further integration and/or assimilation into a white
cultural and social structure that will only allow me to remain on the
periphery of society; never becoming a full participant.”

Michele Obama clearly has a chip on her shoulder.

Not only does she see separate black and white societies in
America , but she elevates black over white in her world.

Here is another passage that is uncomfortable and ominous in
meaning:
“There was no doubt in my mind that as a member of the black
community, I am obligated to this community and will utilize all of my
present and future resources to benefit the black community first and
foremost”

What is Michelle Obama planning to do with her future resources if
she’s first lady that will elevate black over white in America?

The following passage appears to be a call to arms for affirmative
action policies that could be the hallmark of an Obama administration.

“Predominately white universities like Princeton are socially and
academically designed to cater to the needs of the white students comprising
the bulk of their enrollments.”

The conclusion of her thesis is alarming.
Michelle Osama’s poll of black alumni concludes that other black
students at Princeton do not share her obsession with blackness. But rather
than celebrate, she is horrified that black alumni identify with our common
American culture more than they value the color of their skin. “I hoped that
these findings would help me conclude that despite the high degree of
identification with whites as a result of the educational and occupational
path that black Princeton alumni follow, the alumni would still maintain a
certain level of identification with the black community. However, these
findings do not support this possibility.”

Is it no wonder that most black alumni ignored her racist
questionnaire? Only 89 students responded out of 400 who were asked for
input.
Michelle Obama does not look into a crowd of Obama supporters and
see Americans. She sees black people and white people eternally conflicted
with one another.

The thesis provides a trove of Mrs. Obama’s thoughts and world
view seen through a race-based prism.

This is a very divisive view for a potential first lady that would
do untold damage to race relations in this country in a Barack Obama
administration.

Michelle Osama’s intellectually refined racism should give all
Americans pause for deep concern.

Now maybe she’s changed, but she sure sounds like someone with an
axe to grind with America.  Will the press let Michelle get a free pass
over her obviously racist comment about American whites?  No doubt, it will.

PS: We paid for her scholarship!

KMS in
Monday, June 30 at 11:34 AM

I desperately need racism and bigotry to win this election. I cannot possibly win on foreign policy or economic issues. I need the distraction of race hatred, please please please someone help me…

PS: Keep Bush out of sight and away from me or I’ll really pay for it!

John McCain 08, 07, 06, 05, 04, 03, 02, 01, 00.... in
Monday, June 30 at 01:30 PM

NEW REPORT: McCain Would Give America’s 200 Largest Corporations $45 Billion In Tax Breaks------------------
If you’re a CEO of one of America’s largest corporations and have enjoyed the Presidency of George W. Bush, a contribution to the McCain campaign is looking like a pretty good investment.

A new report from the Center For American Progress Action Fund finds that a key piece of John McCain’s tax plan — cutting the corporate tax rate from 35% to 25% — would cut taxes by almost $45 billion every year for America’s 200 largest corporations as identified by Fortune Magazine.

Eight companies — Wal-Mart Stores Inc., Exxon Mobil Corp., ConocoPhillips Co., Bank ƒƒof America Corp., AT&T;, Berkshire Hathaway Inc., JPMorgan Chase & Co., and Microsoft Corp. — would each receive over $1 billion a year.

These giveaways are just one part of McCain’s doubling of the Bush tax cuts for corporations and the wealthy which would create the largest deficits in 25 years and drive the United States into the deepest deficits since World War II.

A recent analysis by the Public Campaign Action Fund found that John McCain’s campaign has received $5.6 million from the PACs and executives of the Fortune 200.

Over the past eight years, under George W. Bush, American workers have seen their wages stagnate as corporate profits have skyrocketed. John McCain’s misguided priorities show he’s more of the same: the same $45 billion in tax cuts for America’s 200 largest companies could be used to lift over 9 million Americans out of poverty.(Think Progress)~~~~Who will be saving more and living better,under John McCain? I doubt it will be the WalMart workers,although more tax cut money would give WalMart LESS excuse for not upping the associates hourly wages!

ddrb in
Monday, June 30 at 01:52 PM

BUSTED!

Oh, kinda like when we busted you as the “Stock Watcher”?

Michelle Osama’s intellectually refined racism should give all Americans pause for deep concern.

Is that what they call a Freudian slip?  :o)

bbrd in
Monday, June 30 at 04:16 PM

bbrd the all American-

“Michelle Obama’s intellectually refined racism should give all Americans pause for deep concern.”

Next thing you know she will be like that other racist Eleanor Roosevelt…

“Eleanor also became an important connection for FDR’s administration to the African-American population during the segregation era. During Franklin Roosevelt’s terms as President, Eleanor was vocal in her support of the African-American civil rights movement. She was outspoken in her support of Marian Anderson in 1939 when the black singer was denied the use of Washington’s Constitution Hall and was instrumental in the subsequent concert held on the steps of the Lincoln Memorial. The first lady also played a role in racial affairs when she appointed Mary McLeod Bethune as head of the Division of Negro Affairs.”

http://en.wikipedia.org/wiki/Eleanor_Roosevelt

“Is that what they call a Freudian slip?”

No. Wrong again bbrd. A Freudian slip would pertain to your guild of paranoid WalMart propagandists and its patron saint J Edgar Hoover-

“In his 1993 biography Official and Confidential: The Secret Life of J Edgar Hoover, Anthony Summers quoted a witness who said to have seen Hoover engaging in cross-dressing...”

http://en.wikipedia.org/wiki/J._Edgar_Hoover

And just for overall balance we will throw this in for free as well…

“African American author Millie McGhee claims in her 2000 book Secrets Uncovered to be related to J. Edgar Hoover. McGhee’s oral family history holds that a branch of her Mississippi family, also named Hoover, is related to the Washington, D.C., Hoovers, and that further, J. Edgar’s father was not Dickerson Hoover as recorded, but rather Ivery Hoover of Mississippi.” (Wikipedia)

WalMart- Where bigoted retail has found its home.

SanDiegoView in
Monday, June 30 at 07:16 PM

Choices, choices! Which is better? To have a first lady with “intellectually refined racism” or a privileged drug addict?

Which ‘history’ shall we re-write?

...someone with an axe to grind...

Vote for John McWarmonger - ‘08’

“After we clean up Afghanistan, Iraq, and Iran, I have some unfinished business with Viet Nam!”

Ken V in Texas
Tuesday, July 01 at 06:07 AM

P.S. I haven’t linked to this in a while:

Cost of the War

Ken V in Texas
Tuesday, July 01 at 06:15 AM

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