Wednesday, August 15, 2012

MIGDALIA WANTS TO HAVE HER CAKE AND EAT IT, TOO

By Juan Montoya
In what has to be the most "egregious" self serving decision issued by a local jurist, State District Judge Migdalia Lopez ruled in favor of defense attorneys and for the Union Pacific Railroad and train engineer Ernesto Ortegon dismissing a lawsuit filed by Austin attorney Marc G. Rosenthal who had accused her in court documents with soliciting a campaign donation.
The so-called “death penalty sanction” means that the lawsuit will be dismissed unless judges rule differently on Rosenthal's appeal. Lopez issued the ruling and won't become final until the amount of attorneys fees against Rosenthal has been decided.
The case concerning Lopez case revolves around the civil lawsuit Rosenthal filed in 2009 on behalf of Viviana Sosa and others. Lopez was the sitting judge on the case and Rosenthal charges that he can produce witnesses who will corroborate that the judge asked him for a $2,500 campaign contribution on Feb. 16, 2010, while sitting on the case.
He told the court Feb. 21 that she made him feel that he would not be treated fairly in her court if he did not give her the money. On Feb. 22 she refused to step aside, and his motion was referred to Senior Appellate Judge Linda Yañez.
The case concerning Lopez revolves around the civil lawsuit Rosenthal filed in 2009 on behalf of Viviana Sosa and others. Lopez was the sitting judge on the case and Rosenthal charged that he could produce witnesses who will corroborate that the judge asked him for a $2,500 campaign contribution on Feb. 16, 2010, while sitting on the case.

He told the court Feb. 21 that she made him feel that he would not be treated fairly in her court if he did not give her the money. On Feb. 22 she refused to step aside and his motion was referred to Senior Appellate Judge Linda Yañez, who refused to remove Lopez..
According to Rosenthal, Lopez told him with disgraced District Judge Abel Limas present at the same table that she had received a $1,000 contribution from Mitchell Chaney, of Colvin, Chaney, Saenz & Rodriguez LLP., the firm defending the railroad and the train engineer.
She is also said to have told him that she might find a home at the firm in her future endeavors.
If you'll recall, the firm of Colvin, Chaney, Saenz and Rodriguez, LLP, represents Union Pacific, and attorney Mitchell C. Chaney represents Ortegon.
“Those are not her findings,” Rosenthal told the Brownsville Herald of the July 20 order. “The defense attorneys drafted the order for her. She signed what her buddies put in front of her without comparing the evidence.”
A July 20 order that Lopez signed containing her finding of “extremely egregious violations” by Rosenthal and his “multiple and repeated abuses of the judicial process” regarding the wrongful death civil lawsuit he filed on behalf of Viviana Sosa and others in Willacy County. Rosenthal said Tuesday her order confirmed his earlier prediction that she would harm the case.
But Lopez not only singled out Rosenthal, but also found that the plaintiffs must be deemed as principals to have ratified his conduct. The Austin lawyer responded  that Lopez is acting illegally in dismissing the lawsuit because his clients had no part in the alleged misconduct.
Despite Yanez's refusal to remove Lopez from the case given her close relationship with the defense firm, her "death penalty sanction" smells of self-dealing given the evidence presented to the court that Lopez solicited a campaign contribution from both firms in the case. That alone would make her participation in the lawsuit suspect. How can one expect impartial and neutral treatment form a jurist that has openly waged a bidding war between both sides in a case before her court?
The guilt or innocence of Rosenthal in the federal racketeering charges has yet to be decided by a federal jury. To favor one party and side with her potential future employers and seeking to impose sanctions not only against the lawyers, but the plaintiffs as well smells to high heaven of vindictiveness on the part to this judge.

19 comments:

Anonymous said...

Migdalia is known for twisting attorney arms for campaign contributions. She normally sends letters of solicitation for contributions to attorneys when it comes time for reelection. The letters explain that if she does not draw an opponent she suggests an amount of contribution that is less than if she should draw an opponent. In other words, if she has an opponent she wants more than if she doesn't have an opponent, but whatever the situation, she wants a contribution, and all the attorneys understand that if they don't contribute then at a later time if they should end up in her court she will extract her pound of flesh at that time. I don't understand why the State judicial board has not received copies of this solicitation letter which is really a "Do it or Die in my court" threat.

Anonymous said...

Migdalia is as much a crook as all the local crooks. She is for sale and is bought by the highest bidder......................

Anonymous said...

Only somebody in Rosenthals pocket would write nonsense like that. The only other explanation is that you are as dumb as a box of rocks when it comes to the law.

Former county employee said...

A women's scorn! Migdalia "fake tits" Lopez took it out on Marc Rosenthal because he told the truth about her wanting a political contribution. Everyone in Harlingen knows that "fake tits" can be bought by giving her a very undeserving political contribution. Let's hope that from the Limas fallout that someone has the dirt on her?

Anonymous said...

The Cameron County Bar Association needs to be proactive in taking a stand against these "campaign contributions" by trial attorneys to sitting judges. So much has transpired lately to besmirch the judicial and legal communities in South Texas. If the profession does not stand tall, public confidence will be lost, and judges and attorneys will ultimately be equated with Elizabeth Street prostitutes.

Gaius Grachus

Anonymous said...

(if they should end up in her court she will extract her pound of flesh at that time)

I'll gladly give her a couple of pounds of the breast meat, if she's at all interested.

Dagoberto Barrera (I Didn't Need Obama to become Legal)

Anonymous said...

Has anyone looked at her face. She is a bit ugly...................no surgery can change that......she has a man face....look at her forehead.......spooky...........

Anonymous said...

What the 1st commentator stated is true.

Anonymous said...

Migdalia is just another member of the corrupt judicial system in Cameron County. The lawyers who contribute to her are just as corrupt as she is.

Anonymous said...

Lawyers don't like spending thousands of dollars to juducial candidates, and they hate doing it when the candidates are running unopposed. Robert Garza was the worst. He would stage "appreciation" receptions at $500 per head. But if lawyers don't pay they will get hurt. A lawfirm in Harligen decided to stop all political donaqtions, and it all but destroyed it. There is no judge in Cameron County who was anything but a two bit, starvig lawyer before they were elected. That's why they are all so stupid.

Anonymous said...

Robert Garza was one of the dumbest corrupt judges i recent memory. A corrupt, clueless idiot. Some think Ernest Gamez bought him off. They were both Texas Southern losers who couldn't get into real lawschools

Anonymous said...

Rosenthal is going to prison. Why he keeps trying to put a smiley face on things is beyond me. He should refer his clients out and await justice. Instead he engages in this sort of chicanery to make himself look like some kind of "good guy." He brokered a meeting with Limas and the judge? Then felt "intimidated"? He's a snake oil salesman, and a wolf in wolf's clothing. Me thinks he doest protest too much...

Anonymous said...

The only you need to know about this judge is that she hires evelyn dale to be her front man ! !


Nothing else has to be said about how she does her politics....


Does she have no second thoughts . . .

You ought to hear her speak no her yelling and belittling the
attorneys . . .


she shows no respect to any
one in her court . . . and is it a surprise . . . SHE GETS NO RESPECT . . . AS A JUDGE ! !


Anonymous said...

Enough said

Anonymous said...

Rosenthal is the only hero we the people really have around here. Yes, heroes will be spoken of badly by some, like Anonymous on 8/16 at 6:38 p.m.,and  like the Taliban speak badly of our Troops. Rosenthal is a gringo, but still a hero. He beats the insurance companies for us. He makes Tony Rodriguez and Mitchell Chaney of Rodriguez, Colvin, Chaney and Seinz cry like babies when he represents us against the big union pacific railroad. He is even beating up the US attorney and FBI in the fraudulent case they have brought against him. The only way these pendejos can get at him is to use judges on the take, like Magdalia Lopez to make illegal rulings against him. This gringo is a hero to us,and you better appreciate him because there are not others like him that protect us from The Man. Did you see how he kicked the ass of that fraud Ed Stapleton who teamed up with the Mexican Consulate to cheat the family in Mexico who lost their child to the Border Patrol cop who shot and killed him? Even that  pint-size prick Javier Villareal, who can’t try a case to a jury if his life depended on it, idolizes Marc Rosenthal. Let’s not hate Rosenthal because he looks like a movie star, is rich, and smarter than all those pendejos abogados around here. Let’s appreciate him for what he does for us.
 

Anonymous said...

Eso si es cierto, pinche pueblo jodido, Brownsville esta lleno de abogados culeros como Villareal que es un putillo acomplejado, corrupto hasta la madre y envidioso como su puta madre.... Pinche Villareal se las da de muy chinguetas, pero hasta McAllen le quedaria grande, ese ojete es abogadillo covyote solo para un puebliito piterlo!

Anonymous said...

Pongan atencion, todos este sitio del Run Run esta lleno de chismecitos de vecindario, como el pueblo esta tan jodido, se amdan chingando todos contra todos, al final este es pueblo ni Americano ni Mexicano, es una fusion culera con lo peor de los dos lados, por eso cuando llego el mamadote esede Rosemthal con su actitud de Estrella de Hollywood todos se cagaron de envidia y lo han mamado siempre

Anonymous said...

Que cierto es eso, mugroso rancho chico, lo peor de los dos países, ahi los abogadetes dan miedo, son puras hienas, jueces, policías, politiquillos, todos en ese pueblo son puros ratas, mugroso rancho apestado, viven pura escoria desadaptada de USA y de Mexico, ahi corren todos a refugiarse y se pelean, pues todos son de la misma clase de doble moral

Anonymous said...

another crooked mesquite tree

rita