Wednesday, August 22, 2012

What do they call it again when you do the same thing over and over and expect a different result?

I see the Friends of the Barnes have posted the latest petition to re-open the lawsuit based on the "shocking" new evidence that the Barnes was not bankrupt at the time of their initial petition.  They've also posted the Barnes's response, seeking a fresh round of sanctions (which I'd bet they'll get).

Beyond the obvious issue of standing, the Barnes's response points out that the shocking new evidence "is not new":  "No witness at the hearing ever claimed that the Foundation filed its petition because it was bankrupt; indeed, the testimony made clear that the Foundation was desperately seeking to reverse its financial distress so that it could avoid bankruptcy."   They quote extensively from the Jan. 2004 interim opinion which I summarized recently here, and note that, after surveying the evidence, Judge Ott concluded:  "What has been established beyond peradventure is that The Foundation's finances have reached a critical point."