California Supreme Court: Justice Denied

Published by Fred Soto• January 15th, 2008 RSS News Feed

Braxton Berkley fought the law and the law won

Mr. Berkley worked for Lockheed Martin’s Skunk Works plant and helped build top-secret military planes.  The chemicals used to build these planes, allegedly made Mr. Berkley ill which prompted him to hire a lawyer and sue Lockheed Martin.

The California Supreme Court has refused to hear his appeal not on legal merits, but because four of the seven justices cited a conflict of interest because they controlled stock in oil companies that provided some of the solvents at issue in the case.  “Conflict of Interest tanks worker’s case.

You may be thinking, what’s the big deal, just take it to the Supreme Court!  Not so fast.  Since the case is a state case and involves no federal issues, it can’t be appealed to any other courts which means the lawsuit is dead.

Money corrupts, it’s interesting how our law is so rigid that not even in the interest of Justice are the courts willing to make exceptions to the rule.  I’m not sure what kind of solution if any is available, but this is a tragic way to end this litigation.

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Fred Soto is an Attorney and Entrepreneur from the Silicon Valley.
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