Lituchy-JRI lawsuit status‏ = prosledio MILAN KASIC

 

 

 

SRPSKA ARMIJA ABLEM

 

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Lituchy-JRI lawsuit status‏ 

 

 prosledio MILAN KASIC

 

Lituchy-JRI lawsuit status‏

From: milan.kasic@3web.com
To: ;
Subject: Fw: Lituchy-JRI lawsuit status
Date: Tue, 16 Dec 2008 21:07:10 -0800

Dear frinds pleas [READ] send this masage forther to eliminet Albanian BERISHA lITUCI  FROM OURE LIFE END STOP HEM FOUR PROFITING ON OURE MIZERI IN WW2.
Best regard to all from cffkale milan sekula kasic.
—– Original Message —–
Sent: Tuesday, December 16, 2008 10:11 AM
Subject: Lituchy-JRI lawsuit status

After a three-year court battle, Judge Brian M. Cogan issued a “Memorandum Decision and Order” Sept. 5th awarding a permanent ban, injunction, against Jasenovac: Proceedings of the First International Conference and Exhibit on the Jasenovac Concentration Camps (Proceedings Book), published by Dallas Publishing.

The ban against the book was demanded by Jasenovac Research Institute (JRI) in a lawsuit filed against Petar Makara, Wanda Schindley a/k/a Dallas Publishing, and Kingsborough Community College.

JRI is a nonprofit organization incorporated by Robert Oklejas in Michigan one year after the conference and taken over by Barry Lituchy of Brooklyn in 2002 after he filed a lawsuit against four other directors/former directors, including Oklejas, claiming the men had said something bad to Lituchy’s employer Dr. Klein. (Dr. Klein told me personally this was not true; nevertheless, the men settled with Lituchy to avoid further legal expense.)

In the lawsuit, JRI claimed the Proceedings Book would hurt sales for a future JRI book on the 1997 First International Conference on Jasenovac, hosted by Dr. Bernard Klein at Kingsborough Community College where Lituchy was a part-time lecturer and assisted Dr. Klein with the conference. However, missing from the Complaint was any evidence that JRI had exclusive rights to any of the 1997 Conference material. After three years of discovery, JRI still has produced no evidence of exclusive rights to a single page in the Book, which was printed with donated funds and distributed mostly free to universities, Holocaust centers, and researchers. (I have never sold even a single copy.)

I published the book pro bono at the urging of Makara, Bulajic, Klein, and others and put the copyright, with Dr. Klein’s authorization, under Kingsborough’s History Dept. (After Lituchy filed suit against Kingsborough and erroneously told a CUNY lawyer that the copyright was not authorized, Dr. Klein was not allowed to claim the copyright on the grounds that it was a gift worth more than $10,000 and, by college rules, required prior permission.)

Makara, after paying tens of thousands to attorneys, settled with Lituchy to avoid further expenses. The suit against Kingsborough was withdrawn, and Lituchy, according to Lituchy lawyer Matthew Kaplan, was fired from Kingsborough.

Many friends on two continents were outraged by the banning of the first publication in English of testimony of 12 survivors of Jasenovac and wrote letters to the Court and tried various other means to free the Proceedings Book, which was then under temporary injunction pending trial. After many delays (Lituchy changed lawyers twice; I filed a libel suit against Lituchy and amended my countersuit to include libel charges against three others, etc.), the Court finally ruled on summary judgment motions, awarding JRI the permanent ban against the book.

I considered the entire suit frivolous (without merit) and refused to submit to what I considered Lituchy’s extortion attempt. Since I could not afford to pay tens of thousands to a lawyer, I proceeded to represent myself.

Over the three years, opponents of the book banning have suffered terrible anxiety and have worked hard on behalf of the Book, spending thousands of dollars and/or thousands of hours of time (that could have been better used in research) to fight the egregious book banning, leading me to these conclusions:

(1.) This lawsuit has robbed Jasenovac research of a tremendous amount of money and time, even as survivors’ died with their testimonies censored.

(2.) The only result, so far, has been the banning of a book, ostensibly so Lituchy could sell a few more copies of his book.

(3.) Since Lituchy has threatened to or has sued numerous Jasenovac researchers, I commit to help any other researcher Lituchy sues in the future.

I have filed an appeal to the Second Circuit Court of Appeals on Judge Cogan’s ruling. Because U.S. copyright law requires that JRI have a copyright registration proving exclusive rights to the conference materials (It does not.), I believe the Second Circuit will overturn Cogan’s ruling. I have also filed a Rule 144 Motion, citing incidents of bias, to remove Judge Cogan from this case.

Until now, I confined my positions to the litigation process. However, I am now working on a book about this lawsuit and will release it first (with documentation) in electronic form before the final chapter, which may include appeal to the U.S. Supreme Court, is written.
Best regards,
Wanda Schindley, PhD

 

 

                 

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 TITOV OBAVESTAJAC BY SLOBODAN PIVLJANIN 

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