► US Jeremy Fogel of San Jose; incompetent boob Print E-mail

US Jeremy Fogel of San Jose; incompetent boob 

 

The state of California presented Jeremy D. Fogel with a law license in 1974 after he graduated from Harvard University Law School.

 

Former President Bill Clinton was duped into appointing Fogel as a District Court Judge in 1997 even though he wasn’t the most qualified attorney in the San Jose area. Fogel received his appointment because he had proven to be a reliable lackey for the local political hacks.

 

In one matter, Judge Fogel was assigned to hear a case involving Ernst & Young while it was defending against a state wage claim asserted by a former employee, Michelle Richards.

 

During the proceedings, Fogel denied Ernst & Young’s motion to compel arbitration of the wage claim and hour claims. Fogel ignorantly ruled that Ernst & Young had had waived its right to arbitration by failing to assert that right as a defense in an action brought by two other former employees, David Ho and Sarah Fernandez, whose action had been consolidated with that of Ms. Richards.

 

The Court of Appeals wasn’t impressed with Fogel’s absurd ruling. The Court ruled that Ms. Richards failed to establish any prejudice as a result of Ernst & Young's alleged delay in asserting its arbitration rights.

 

The Court went on to state that the US Supreme Court in Am. Express v. Italian Colors Restaurants had reiterated that “courts must rigorously enforce arbitration agreements according to their terms” and that this “holds true for claims that allege a violation of a federal statute, unless the FAA's mandate has been overridden by a contrary congressional command.”

 

Apparently, Judge Fogel doesn’t waste his valuable time reviewing and/or complying with decisions rendered by the United States Supreme Court.

 

Unfortunately, the taxpayers are forced to pay for this type of gross incompetence. In fact, Fogel can never be sanctioned or disciplined no matter how many times he issues asinine rulings.

 

As we speak (cs. April 2015), Fogel continues to sit as a US District Court Judge in San Jose, California.   

 

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