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I'm here for the moneuy Status: Not Logged In; Sign In The Establishments war on Donald Trump See other The Establishments war on Donald Trump Articles Title: Rubio and allies renew Trump attacks after wild debate Source: Associated Press URL Source: http://hosted.ap.org/dynamic/storie ... AULT&CTIME=2016-02-26-07-13-29 Published: Feb 26, 2016 Author: Steve Peoples and Julie Bykowitz Post Date: 2016-02-26 10:35:16 by cranky Keywords: None Views: 1509 Comments: 17 Marco Rubio waged an all-out verbal assault on Donald Trump Friday morning as his allies prepared to spend millions on new attack ads in key states, promising an aggressive and well-funded takedown effort the morning after the Republican front-runner was knocked on his heels on the debate stage. Rubio, the leading aggressor during the debate, picked up where he left off Friday morning. In several television interviews, he questioned Trump's business background, his ability to lead the nation, and repeatedly called the billionaire businessman a "con artist" who has spent decades "sticking it to the little guy." "A con artist is about to take over the Republican Party and the conservative movement, and we have to put a stop to it," Rubio charged on CBS' "This Morning." The comments come as the GOP presidential candidates barreled into the final stretch to Super Tuesday following after a name-calling, insult-trading, finger-pointing final debate in which Rubio and Ted Cruz engaged in a tag-team attack intended to slow Trump's momentum before it's too late. "I've dealt with tougher," Trump sniffed after taking incoming for two-plus hours Thursday night. He said he knew the attacks were coming because "they're desperate. They're losing by massive amounts." Eleven states vote in Tuesday's mega-round of voting, with 595 delegates at stake. Trump, with three straight victories behind him, has the momentum, and his rivals know they have to change that dynamic to have any hope of derailing his steamroll toward the nomination. As Trump's rivals ratcheted up their criticism, a pro-Rubio super PAC also announced plans to start running new Trump attack ads in key states Friday morning. One of the ads charges that Trump "knows nothing about foreign policy." Another targets his business background, highlights the businessman's use of "sleazy bankruptcy laws to avoid paying workers" and highlights his recent comment that he loves "the poorly educated." The ads are part of a "significant part of a multi-state, multi-million dollar buy," said the pro-Rubio group's spokesman, Jeff Sadosky. It was far from clear, though, that the new effort will solve Trump's rivals' basic conundrum - each struggling to emerge as the clear alternative to the front-runner as non-Trump voters continue to splinter their support among the alternatives. On the Democratic side, Hillary Clinton claimed new momentum on Friday on the eve of a South Carolina Democratic primary that she's expected to win handily. "I think it does take me a little bit longer to get into the rhythm of campaigning," she said on MSNBC's "Morning Joe." ''We hit our stride in Nevada. Our message of breaking all barriers is really beginning to take hold. I really felt we were on an upward trajectory." From Houston, the GOP candidates spread out in the hunt for Super Tuesday votes, with Cruz headed for Tennessee and Virginia on Friday. Both Trump and Rubio are signaling they're unwilling to cede Texas, the crown jewel of Super Tuesday, to the home state senator, Cruz. Each scheduled campaign events in Texas before heading to Oklahoma City. Up until Thursday, Rubio and Cruz had shown little willingness to take on Trump when the national spotlight shines the brightest. That all changed in Houston. Rubio was the principal aggressor, spitting out a steady stream of criticism on everything from Trump's position on immigration to his privileged background, his speaking style and more. Cruz was happy to pile on, too, questioning the front-runner's conservative credentials, foreign policy savvy and electability. In one testy moment, Rubio speculated that if Trump "hadn't inherited $200 million, you know where Donald Trump would be right now? Selling watches in Manhattan." Not long after that, he took on Trump's declaration that he'd build a wall on the Mexican border, declaring: "If he builds a wall the way he built Trump Tower he'll be using illegal immigrant labor to do it." Joining in, Cruz criticized Trump for suggesting he alone had "discovered the issue of illegal immigration." Both said Trump had had to pay a $1 million fine for illegal immigration hiring. It was a rare night where the bombastic Trump, standing between the two senators, found himself on the defensive. He was hardly silent, responding to both Rubio and Cruz: "This guy's a choke artist and this guy's a liar. ... Other than that I rest my case." --- Peoples reported from Atlanta. Associated Press writers Nancy Benac and Laurie Kellman in Washington contributed to this report. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 11. #10. To: cranky, misterwhite, Vicomte13, A K A Stone (#0) [Article] Joining in, Cruz criticized Trump for suggesting he alone had "discovered the issue of illegal immigration." Both said Trump had had to pay a $1 million fine for illegal immigration hiring. It was a rare night where the bombastic Trump, standing between the two senators, found himself on the defensive. He was hardly silent, responding to both Rubio and Cruz: "This guy's a choke artist and this guy's a liar. ... Other than that I rest my case." Rubio and Cruz both knowingly and deliberately lied and distorted. The case was litigated for over 15 years and concluded in 1999. In 1994, Judge Duffy in stating the facts of the case, wrote: Sometime in late 1979 or early 1980, Trump-Equitable hired defendant William Kaszycki and his company, Kaszycki & Sons Contractors, Inc. (collectively the "Kaszycki Defendants"), to demolish the Bonwit Teller building in Manhattan. Diduck, 774 F.Supp. at 805. The building was demolished to make way for Trump Tower. Id. Kaszycki had never performed a total demolition before undertaking the Bonwit Teller job, id., and apparently formed the Kaszycki Corporation for this sole purpose. (Transcript of Trial (hereinafter "Tr.") at 594). Thereafter, the Kaszycki Corporation did not do any other total demolition jobs. (Tr. at 594). Pursuant to an agreement that was signed on January 29, 1980, the Kaszycki Corporation was responsible for the labor, equipment and supplies required to demolish the building. Diduck, 774 F.Supp. at 805. The agreement also provided that the Kaszycki Corporation was responsible for the hiring, firing and supervision of its employees engaged in the demolition job. (Trump Defendants 3(g) Statement, ¶ 2). The Kaszycki Corporation was to be paid $775,000 for this work. Diduck, 774 F.Supp. at 805. Judge Duffy also wrote, "There must be an end to all litigation; even Jarndyce v. Jarndyce ground down to a conclusion." Jarndyce refers to the seemingly endless fictional case at the center of Charles Dickens' Bleak House. Hardy v. Kaszycki & Sons Contractors, Inc. went on and on until ended by a sealed settlement agreement in 1999. In 1991, in Diduck v. Kaszcyck & Sons Contractors, Inc., 774 F. Supp 820 (S.D.N.Y. 1991), contained an ORDER: CONCLUSION In sum, plaintiff is awarded the following: 1) unpaid contributions in the amount of $325,415.84; 2) interest from April 1, 1980 calculated at the rate of interest set by the Secretary of the Treasury pursuant to 26 U.S.C. § 6621; and 3) attorney's fees and costs. Plaintiff shall submit a judgment. SO ORDERED. Diduck died in 1992 and the case continued under a new caption. In Hardy v. Kaszycki and Sons Contractors, Inc., No. 83 Civ. 6346 (KTD), 870 F. Supp. 489 (1994): On appeal, the Second Circuit affirmed in part and reversed in part. As to the first cause of action, the Court held that the demand requirement of Rule 23.1 was excused because such a demand would have been futile. Diduck, 974 F.2d at 287. As a result, the first cause of action is currently before this Court. As to the second cause of action, the Court affirmed Judge Stewart's decision except as to the finding of damages. Id. at 279. The Court held that Senyshyn could not be liable for fund contributions owed for work done by the Polish workers before Local 95 arrived on the job. Id. at 277. In addition, the Court remanded to determine the causal connection between the breach of fiduciary duty and the Fund's losses. Id. at 279. Specifically, on remand the trial court was to determine whether Trump-Equitable — given that it had paid $68,000 — would have paid an additional $325,000 in Fund contributions. Id. In January, 1994, the case was reassigned to this Court. On March 9, 1994, the instant motions were fully submitted. [...] Drawing all reasonable inferences against the moving Plaintiffs, it is clear that there are disputed issues of fact that prevent granting summary judgment in their favor. Genuine issues of material fact exist as to whether or not Trump-Equitable could be considered a joint employer. Accordingly, the motion for summary judgment and the cross motion are denied. [...] The Plaintiffs also contend that the Trump Defendants are liable as a successor employer. Specifically, the Plaintiffs allege that after May 9, 1980 — when Macari took over control of the finances for the demolition job — Trump-Equitable essentially succeeded the Kaszycki Corporation as employers of both the Local 95 and Polish workers. As a result, the Plaintiffs contend that the Trump Defendants assumed the Kaszycki Corporation's obligations under the CBA. While the Second Circuit has not explicitly held that a successor is liable for a predecessor's failure to make ERISA contributions, it has cited with approval to several cases that have so held. See Stotter Div. of Graduate Plastics Co. v. District 65, 991 F.2d 997, 1002 (2d Cir.1993). This determination is also fact specific and sufficient genuine issues of fact are present which preclude summary judgment. [...] The Trump Defendants contend that the Plaintiffs' second cause of action is barred by the recent Supreme Court decision in Mertens v. Hewitt Assoc., ___ U.S. ___, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993). This claim alleges that the Trump Defendants, as non-fiduciaries, knowingly participated in defendant Senyshyn's breach of his fiduciary duty to the Funds. In the instant motion, there is a genuine issue of material fact that requires a trial to determine whether the Plaintiffs are entitled to restitution from the Trump Defendants. Specifically, the trier must determine whether the Trump Defendants were unjustly enriched by benefitting from Local 95's continued labor without making contributions to the Funds for the Polish workers. Accordingly, the Trump Defendants motion for summary judgment on the second cause of action is denied. For the reasons stated above, all motions and cross motions for summary judgment are denied. The Trump Defendants move in the alternative to strike the Plaintiffs' demand for a jury trial on their first cause of action. The motion is hereby denied. Additionally, Defendant's motion to amend the answer is denied. SO ORDERED. The $325,000 judgment was taken away and the case was remanded for a new trial in 1994. The litigation dragged out until 1999 when the New York Daily News reported that the parties had reached a settlement. In a report dated March 8, 1999, Tom Robbins wrote, After a trial in 1991, federal Judge Charles Stewart ruled that the Trump Organization and its partner, Equitable Life Assurance Society, conspired with a former union leader to withhold $325,000 in benefit payments plus interest - adding up to about $4 million. An appeals court ordered the case retried and that is where it was headed until last month's settlement agreement, which was placed under seal. Neither side would give specifics. "It has been resolved on terms agreeable to both sides," said Sloan who was joined by lawyer Lewis Steel. Diduck died in 1992. "He never stood to make a nickel," Sloan said. "The money was to go to the [union] funds." [Article] Both said Trump had had to pay a $1 million fine for illegal immigration hiring. As a civil suit, no fine of any amount was considered, much less paid. A judgment was issued but nullified, with a new trial ordered, 22 years ago in 1994. Five years later, with the matter still in litigation, in 1999 a sealed settlement was reached. Trump never paid a penny of a judgment. What, if anything, Trump paid is is not publicly available. Attorneys Rubio and Cruz had to know that there was no fine at issue. This was a civil suit seeking restitution, not a government action seeking to impose a fine payable to the government. Attorneys Rubio and Cruz knew, or should have known, that the judgment of 1991 was overturned in 1994, and a new trial was ordered. Attorneys Rubio and Cruz knew, or should have known, that the case was terminated by a sealed settlement, not the payment of any judgment. Attorneys Rubio and Cruz knew, or should have known, that it was never legally established that Trump was an employer in the case. SOURCES: Deal Sealed In Trump Tower Suit, by Tom Robbins New York Daily News, Monday, March 8, 1999. Diduck v. Kaszycki & Sons Contractors, Inc., 774 F. Supp. 802 (S.D.N.Y. 1991), Memorandum Decision. Hardy v. Kaszycki & Sons Contractors, Inc., 870 F. Supp. 489 (S.D.N.Y. 1994), Memorandum and Order. nolu chan  posted on  2016-02-26   15:10:39 ET  Reply   Untrace   Trace   Private Reply   #11. To: nolu chan (#10) Fine work. Vicomte13  posted on  2016-02-26   17:14:16 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 11.         There are no replies to Comment # 11. End Trace Mode for Comment # 11. Top • Page Up • Full Thread • Page Down • Bottom/Latest

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