3 ms·

The surprising thing is that a judge would go along with it, since his injunction, and by extension his office, is essentially being instrumentalized as part of

The surprising thing is that a judge would go along with it, since his injunction, and by extension his office, is essentially being instrumentalized as part of a negotiation tactic.

SuoDuanDao 5y ago
Apparently this isn't the only time he's done something that would concern your average bystander https://www.postcrescent.com/story/news/2018/12/20/reviewer-recommends-removing-judge-mark-mcginnis-truancy-court/2369276002/ https://www.postcrescent.com/story/news/2018/12/20/reviewer-...
s1artibartfast 5y ago
I think a temporary injunction was reasonable given the severity of theracares claims. They said ascension did something illegal and as a result, lots of 3rd party individuals will die. Taking a weekend to review and weigh the arguments from each side is what I would want to do. Remember that judges are human too and need time to review the relevant laws and think
- pasabagi 5y ago
  I see your point. On the other hand, if I was a judge, I think I would be incensed by Thedacare driving the situation right to the brink, then using the consequences of their terrible negotiating strategy on third parties as a way to force extra time.
  - s1artibartfast 5y ago
    Maybe the judge was incensed, but just not enough to risk killing 3rd parties as a "fuck you" to thedacare. Keep in mind that that at this stage, there is no evidence or fact finding. Either of these parties could be lying their face off in court. This will only be determined after years of lawsuit. Part of the judge's job when it comes to an injunction is to predict the future of a case that hasn't happened, and weigh it against the chance of irreparable harm and death today. You can punish the litigants and disbar lawyers later, but you can't bring people back from the dead
    - sonotathrowaway 5y ago
      He probably accepted their claims at face value and assumed they’d be somewhat based in truth, and their subsequent filing would have some reasonable logic that supported those claims. Their new issue is that no judge will ever give them an ounce of leeway in the future. I don’t know why a lawyer would trade their professional reputation in exchange for a lawsuit they know will lose, but good on thedacare for finding that idiot.
  - sonotathrowaway 5y ago
    There’s no chance he wasn’t incensed - this case got media attention, and their strategy of dumping a case on him Friday, then lying to him - and asking him to accept those lies at face value - forced him to take a drastic measure which made him look like the asshole in said media attention. The legal community isn’t that large, and fucking over a judge to score a meaningless win is a really fucking stupid idea. They’ve thrown their credibility out the window, and I doubt those lawyers will ever make a claim in that district without every single syllable being heavily scrutinized. That judge won’t forget about this, and neither will his colleagues. That’s besides the damage they did to their brand - suing your nearby competitor because they’ll give your staff massive pay increases is a master stroke of terrible marketing. If I was a ThedaCare investor I’d absolutely be reading up on what the fiduciary duty of corporate officers are, because at a plain reading it seems they’re attempting to drive down the valuation.
    - s1artibartfast 5y ago
      >If I was a ThedaCare investor I’d absolutely be reading up on what the fiduciary duty of corporate officers are, because at a plain reading it seems they’re attempting to drive down the valuation. ThedaCare is a not-for-profit, so they are probably more worried about profit than valuation
Natsu 5y ago
The brief from Ascension makes it clear that both they and the court were ambushed with last second filings claiming urgent harm to ThedaCare's patients. I can't blame the court too much for a bungled attempt to preserve the status quo that lasted for one weekend. Yes, it appears that it may have cost some of those workers a day of working at Ascension, but that's one of many things that ThedaCare should be on the hook to pay for at this point. I've read enough to see that ThedaCare's lawsuit is baseless and I fully expect it to get thrown out. ThedaCare is the one who should pay damages here.

The surprising thing is that a judge would go along with it, since his injunction, and by extension his office, is essentially being instrumentalized as part of a negotiation tactic.

SuoDuanDao 5y ago

Apparently this isn't the only time he's done something that would concern your average bystander https://www.postcrescent.com/story/news/2018/12/20/reviewer-recommends-removing-judge-mark-mcginnis-truancy-court/2369276002/ https://www.postcrescent.com/story/news/2018/12/20/reviewer-...

s1artibartfast 5y ago

I think a temporary injunction was reasonable given the severity of theracares claims. They said ascension did something illegal and as a result, lots of 3rd party individuals will die. Taking a weekend to review and weigh the arguments from each side is what I would want to do. Remember that judges are human too and need time to review the relevant laws and think

pasabagi 5y ago
I see your point. On the other hand, if I was a judge, I think I would be incensed by Thedacare driving the situation right to the brink, then using the consequences of their terrible negotiating strategy on third parties as a way to force extra time.
- s1artibartfast 5y ago
  Maybe the judge was incensed, but just not enough to risk killing 3rd parties as a "fuck you" to thedacare. Keep in mind that that at this stage, there is no evidence or fact finding. Either of these parties could be lying their face off in court. This will only be determined after years of lawsuit. Part of the judge's job when it comes to an injunction is to predict the future of a case that hasn't happened, and weigh it against the chance of irreparable harm and death today. You can punish the litigants and disbar lawyers later, but you can't bring people back from the dead
  - sonotathrowaway 5y ago
    He probably accepted their claims at face value and assumed they’d be somewhat based in truth, and their subsequent filing would have some reasonable logic that supported those claims. Their new issue is that no judge will ever give them an ounce of leeway in the future. I don’t know why a lawyer would trade their professional reputation in exchange for a lawsuit they know will lose, but good on thedacare for finding that idiot.
- sonotathrowaway 5y ago
  There’s no chance he wasn’t incensed - this case got media attention, and their strategy of dumping a case on him Friday, then lying to him - and asking him to accept those lies at face value - forced him to take a drastic measure which made him look like the asshole in said media attention. The legal community isn’t that large, and fucking over a judge to score a meaningless win is a really fucking stupid idea. They’ve thrown their credibility out the window, and I doubt those lawyers will ever make a claim in that district without every single syllable being heavily scrutinized. That judge won’t forget about this, and neither will his colleagues. That’s besides the damage they did to their brand - suing your nearby competitor because they’ll give your staff massive pay increases is a master stroke of terrible marketing. If I was a ThedaCare investor I’d absolutely be reading up on what the fiduciary duty of corporate officers are, because at a plain reading it seems they’re attempting to drive down the valuation.
  - s1artibartfast 5y ago
    >If I was a ThedaCare investor I’d absolutely be reading up on what the fiduciary duty of corporate officers are, because at a plain reading it seems they’re attempting to drive down the valuation. ThedaCare is a not-for-profit, so they are probably more worried about profit than valuation

Natsu 5y ago

The brief from Ascension makes it clear that both they and the court were ambushed with last second filings claiming urgent harm to ThedaCare's patients. I can't blame the court too much for a bungled attempt to preserve the status quo that lasted for one weekend. Yes, it appears that it may have cost some of those workers a day of working at Ascension, but that's one of many things that ThedaCare should be on the hook to pay for at this point. I've read enough to see that ThedaCare's lawsuit is baseless and I fully expect it to get thrown out. ThedaCare is the one who should pay damages here.