Andy Hull's Word on Mercy
Andrew (Andy) W. Hull, appears to have found the below video tweet by NowThis very compelling. It was taken from Rep. Joe Kennedy III (D-MA) March 8, 2017 Congressional testimony.
On March 10, 2017, Hull retweeted the same day:
On May 5, 2017, Hull retweeted Laurence Tribe's @tribelaw retweet:
Rep Kennedy's statement, was a response to House Speaker Paul Ryan's claim that by repealing Obamacare "We are doing an act of mercy." Here's the video:
— NowThis (@nowthisnews) March 10, 2017
Here is the full text:
"With all due respect to our Speaker, he and I must have read different Scripture. The one that I read calls on us to feed the hungry, clothe the naked, shelter the homeless, and to comfort the sick. It reminds us that we are judged not by how we treat the powerful, but by how we care for the least among us.
Mercy.
There is no mercy in a system that makes healthcare a luxury. There is no mercy in a country that turns their back on those most in need of protection: the elderly, the poor, the sick, and the suffering. There is no mercy in a could shoulder to the mentally ill. There's no mercy in a policy that takes for granted the sweat, the tears, and the sacrifice of working Americans that they shed every day so that they might care for their family's basic needs. [my emphasis]
This is not an act of mercy, it's an act of malice."
_____________________
It would be presumptuous to conclude that a retweet, without any statement of agreement or denial, is an endorsement. But evidence easily suggests that Hull purports to agree with Rep. Kennedy's statements:
- Mr. Hull appears to identify as a Democrat, like Kennedy:
- Review his Twitter feed @AndyAwhull,1
- Political donations starting in 2000 show that Mr. Hull has donated $4,000 to 8 different candidates, all Democrats,2
- Although his well-regarded wife, Camie Swanson-Hull, was classified as Independent, while serving as a Commissioner for the Indiana Utility Regulatory Commission from 1996 to 2002, all of her donations have been to Democratic candidates.3
- If Hull's political persuasion matches the Democratic party, it seems logical to conclude that Mr. Hull retweeted the video in agreement with Kennedy's statements, and believes the Affordable Care Act is worthwhile, specifically:
- The ACA is merciful, especially to the mentally ill and working Americans trying to care for their family's basic needs.4
- Repealing ACA (the key point of Kennedy's statement) would jeopardize government provided mercy by withholding needed healthcare from those most at risk.
Andy Hull's Deeds
Sharon Land's Story
Arriving early for my first hearing on January 19, 2016, I noticed a hearing was taking place in Judge Heather Welch's court. Unaware of the specifics, I had stepped in to see if I could learn anything about a hearing, or the judge, from observing.
In later research, I learned that Welch was hearing a joint Motion to Dismiss from IBM and the State of Indiana regarding a lawsuit filed by Sharon Land. Land had previously settled with IBM, represented by Hull who was in attendance. Land was not.
Here's a little of Ms. Land's story as told by Court House News on June 27, 2012:
CHICAGO (CN) – An Indiana woman whose schizophrenic son gouged out one of her eyes after he was kicked off Medicaid and could no longer afford antipsychotic drugs does not have a federal case, the 7th Circuit ruled. In later research, I learned that Welch was hearing a joint Motion to Dismiss from IBM and the State of Indiana regarding a lawsuit filed by Sharon Land. Land had previously settled with IBM, represented by Hull who was in attendance. Land was not.
Here's a little of Ms. Land's story as told by Court House News on June 27, 2012:
Seth Land was attending Earlham College in 2007 when he was diagnosed with schizophrenia after stripping naked and burning his clothes in the middle of campus. Seth, who was molested by his father and paternal grandfather, was committed to a psychiatric hospital.
According to the complaint filed by Seth’s mother, Sharon Land: “Since the Earlham incident, Seth has had a compulsion to strip and have sex with men. Seth has been self-destructive and violent to others when off psychiatric when off psychiatric medication. This has led Seth to extended incarceration periods, and also several lengthy commitments to hospitals. During one period of incarceration, he gouged out his eye with a toothbrush.”
Though Seth was placed on Medicaid at the time of his diagnosis, he lost coverage in 2009 because a state social-services employee allegedly refused to process his renewal application.
An ostensible computer glitch led the agency to repeatedly ask Land for resubmission of the same documents. Sharon Land says she tried to sort out the problem at the Family & Social Services Administration office, which she allegedly visited multiple times for weeks.
Without Medicaid, the Lands could not afford the $800-per-month antipsychotic medication and Seth’s mental condition quickly deteriorated, according to the suit.
On May 15, 2009, after Land had gone to bed, “Seth came in and said his voices had told him to gouge out her eyes, and he did, despite plaintiff’s valiant attempt to protect herself. In the ensuing fight, he also broke one of plaintiff’s fingers, a rib and her nose, one eye was fully gouged out and the other, and surrounding tissue, was severely damaged,” the complaint states.
Once incarcerated for the attack and given appropriate medication, Seth stopped having violent outbursts, according to the complaint. He was approved for Medicaid shortly thereafter.
Sharon Land sued Indiana and IBM, which took over the state social services agency on a $1.3 billion contract, claiming that the agency’s failure to process her son’s Medicaid application caused the violent outburst.
U.S. District Judge William Lawrence dismissed the case, determining that the connection between Seth’s attack and the defendant’s inaction was too remote and that Land was not treated differently from other similarly situated individuals.
Finding no basis in federal law for the case, the court said Land could refile with state-law claims.
The 7th Circuit affirmed last week.
“Although there is no denying that Land suffered a wrong, it is not one for which federal law provides a remedy,” according to the court’s unsigned opinion.
Indiana and IBM are currently locked in their own litigation over privatization of the Family & Social Services Administration, a contract that Indiana ended seven years early because of ongoing issues. The state says IBM’s bungled installation cost taxpayers “hundreds of millions of dollars.”
Ms. Land filed her first suit in federal court on May 13, 2011. That court awarded IBM and Indiana's joint Motion to Dismiss. She then appealed, and the ruling was upheld. As noted in the story, the federal court advised Land to file suit in Indiana, which she did on September 9, 2014. After a number of procedural tactics, IBM and Indiana filed a joint Motion to Dismiss on August 19, 2015. After a few more procedural filings and continuances, Land and IBM settled on November 23, 2015, the day a hearing was scheduled on the Motion to Dismiss. Indiana then asked for a continuance for a hearing on its part of the Motion to Dismiss. That was the January 19, 2016 hearing I happened to witness. The few details of her tragedy that I caught, motivated me to research further.
On April 1, 2016, Judge Heather Welch awarded Indiana's Motion to Dismiss. No requirement to produce evidence supporting or contesting the harm Land suffered. No jury trial to see if Ms. Land had a valid claim. From what I read, Ms. Land may not be very polished, but does that matter? She spent almost 5 years pursuing justice through a federal lawsuit, then appeal, a state lawsuit, an additional transfer back to federal court,5 then back to Indiana, until reaching a settlement with IBM and a dismissal by Welch of her suit against the State of Indiana. With the volume of procedural actions, how likely is it that Land actually received anything after legal fees? And it appears from Indiana's case record that Land was required to pay the legal fees of at least one Defendant.
And for the mentally ill? Her son Seth? I have more research to do on that end. It appears that he was discharged in 2015. The maximum penalty for his charges of assault and battery could have been 40 years. Here is an article from 2010 with comments that appear to be from Sharon Land given the intimate details.
So why did Sharon Land wait two years to file suit? She was necessarily involved in her son's lawsuit, of course. And likely had to physically recover following the attack. Notice this from 2010 article:
On Wednesday [May 26, 2010], Sharon Land, identifying herself as a victim in the case against her son, filed a motion to compel disclosure of public record. In the motion, she requested "a copy of all public records including but not limited to photographs, electronic and taped information regarding the victim's injuries and testimony."
In the motion, Sharon land alleged she was denied access by the prosecutor's office to a portion of the evidence she requested to see. [my emphasis]
That's certainly interesting.
So Andy Hull, Is This Mercy?
- Is Sharon Land's son, Seth, mentally ill? Absolutely.
- Kennedy's statements, that Hull appears to agree with, suggest he deserves mercy and medical care through government funded healthcare.
- Was that provided to Seth?
- Did IBM have any responsibility in Seth being denied medical care? To fairly decide that, our free country has courts. After both parties produce discovery, there is a trial.
- Did IBM, or Indiana produce discovery?6
- Did a trial happen? Why not? We will dig into the procedural specifics of both lawsuits later. Here's my initial guess:
- For the federal suit, it appears that Land's attorney had a plan of action that didn't go as hoped (sue and settle). When that didn't happen, he either wasn't prepared or able, or Land couldn't afford, for him to adequately confront Hull's tactics,7
- For the Indiana suit, Land (with a new attorney) was no match for Hull in Judge Heather Welch's courtroom.
- IBM appears to have avoided any material financial claim,8 as well as any negative publicity. IBM's year-end balance of cash equivalents during the entire period was never less than $7.7 billion. Could IBM have shown a little mercy and settled?
- We can assume that Andy Hull was rewarded well for successfully defending his client. While we don't know how much, Judge Heather Welch awarded him an hourly rate of $425 in Valeo's lawsuit.
Last Thought
Andy Hull appears to be quite adept at using unending procedural maneuvers to the benefit of his clients (more to come). I believe that God has been trying to get Hull's attention and give him a chance to rediscover the passion of his early years, and his clear respect for the preeminence of the law.9,10 As a result of that rediscovery, Hull's storied career would close with his having used his influence to crusade for substantial improvements in Indiana's justice system--that he would leave the justice system in better condition than he found it. As a result, even if the next Seth or Sharon Land don't receive mercy, they might at least find justice.
When I have been praying for Mr. Hull, his wife, and family, I have feared that if he doesn't rediscover the law, that God will bring his career to a very quick and noticeable end. For now, for some unexplained reason, God appears to want to show Hull the very mercy Hull appears to aggressively denied Land. Maybe that's because God feels everyone should be shown mercy. My hunch is that Rep. Kennedy would agree with that statement.
Either way, I have to believe the justice system in Indiana will materially improve. But if by the later, it may be as a warning to attorneys whose actions appear to disrespect the law, and the rights of citizens to fairness, due process, and a trial.
_______________________
1. If you are unable to see Hull's Twitter feed, or it was deleted, let me know. I have it archived.
2. followthemoney.org
3. Interesting because a number of Ms. Swanson-Hull's social media posts suggests that she identifies as Democrat. Indiana Code 8-1-1-2 Sec. 2. (a) mandates the IURC as 5 members with not more than 3 belonging to the same political party. In the above link, there were already 3 Democrats serving as nominated by a Democratic Governor. If Camie Swanson-Hull was a registered Democrat, one of the commissioners would have had to be replaced. Not joint with Andy, she has given $1,570 in political donations since 1998, all to Democratic candidates, and $0 to any other parties or candidates that were not Democratic. The majority of donations between them have been to Indiana governors who would be in the position if elected to reappoint Camie to a new term. I could address the timing of her retirement in a later post, but that's far down my list.
3. Interesting because a number of Ms. Swanson-Hull's social media posts suggests that she identifies as Democrat. Indiana Code 8-1-1-2 Sec. 2. (a) mandates the IURC as 5 members with not more than 3 belonging to the same political party. In the above link, there were already 3 Democrats serving as nominated by a Democratic Governor. If Camie Swanson-Hull was a registered Democrat, one of the commissioners would have had to be replaced. Not joint with Andy, she has given $1,570 in political donations since 1998, all to Democratic candidates, and $0 to any other parties or candidates that were not Democratic. The majority of donations between them have been to Indiana governors who would be in the position if elected to reappoint Camie to a new term. I could address the timing of her retirement in a later post, but that's far down my list.
4. I don't want to distract from Land's true tragedy here, but you can note how this statement appears that Hull would support my right to leave Valeo solely based on the unbearable cost of health insurance that would bankrupt us the following year.
5. When we dig into the procedural history, you might agree that this one is just unbelievable!
6. We'll explore later Hull's 'skill' at preventing the release of potentially damning evidence.
7. According to the judgment, the first attorney was late (by almost a month) for the deadline to respond to the Motion to Dismiss in federal court. We will walk through the interesting tactics that may have shrewdly induced this outcome.
8. A material settlement would be footnoted in IBM's financials as a publicly traded company. IBM's most recent filing discloses the ongoing suit with Indiana. We will be reviewing IBM during and since this case. It almost appears that by after not showing mercy to Land, the distraction, waning integrity, or simply God's hand, has caused IBM to struggle.
9. "A Moment of Silence: A Permissible Accomodation Protecting the Capacity to Form Religious Belief," Andrew Woodbridge Hull. Indiana Law Journal. Volume 61|Issue 3|Article 6. Summer 1986. In my view, Hull objectively offers legal basis and precedent to balance competing rights as opposed to bending the law to justify or excuse a pre-formed position. The former strengthens the law while the later would undermine it. And it is a slippery slope.
10. "Attorney's Fees for Frivolous, Unreasonable or Groundless Litigation," Andrew W. Hull, Indiana Law Review. Vol 20:151. This will be addressed in a number of later posts, from the topic of the article related to pro-se as well as Mr. Hull's actions.
--Plan for much more on the procedural specifics of this matter, including an interesting story regarding a personal matter of one of the other attorneys and a Chickaming Township, Michigan, as well as any others going forward involving Hull until he retires or is unable to practice!
5. When we dig into the procedural history, you might agree that this one is just unbelievable!
6. We'll explore later Hull's 'skill' at preventing the release of potentially damning evidence.
7. According to the judgment, the first attorney was late (by almost a month) for the deadline to respond to the Motion to Dismiss in federal court. We will walk through the interesting tactics that may have shrewdly induced this outcome.
8. A material settlement would be footnoted in IBM's financials as a publicly traded company. IBM's most recent filing discloses the ongoing suit with Indiana. We will be reviewing IBM during and since this case. It almost appears that by after not showing mercy to Land, the distraction, waning integrity, or simply God's hand, has caused IBM to struggle.
9. "A Moment of Silence: A Permissible Accomodation Protecting the Capacity to Form Religious Belief," Andrew Woodbridge Hull. Indiana Law Journal. Volume 61|Issue 3|Article 6. Summer 1986. In my view, Hull objectively offers legal basis and precedent to balance competing rights as opposed to bending the law to justify or excuse a pre-formed position. The former strengthens the law while the later would undermine it. And it is a slippery slope.
10. "Attorney's Fees for Frivolous, Unreasonable or Groundless Litigation," Andrew W. Hull, Indiana Law Review. Vol 20:151. This will be addressed in a number of later posts, from the topic of the article related to pro-se as well as Mr. Hull's actions.
--Plan for much more on the procedural specifics of this matter, including an interesting story regarding a personal matter of one of the other attorneys and a Chickaming Township, Michigan, as well as any others going forward involving Hull until he retires or is unable to practice!
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