Case Update (Calendar)

"It has been my observation that being beaten is often a temporary condition. Giving up is what makes it permanent."

-- Marilyn Vos Savant (1994)

Case Update (Calendar)

Civil Action 98-1792 ("Retaliation") combined with 98-2102 ("Defamation")
U.S. District Court for the Eastern District of Louisiana

The following sequence begins with the recognition in 1998 of Judge Ginger Berrigan's affiliation with Tulane University. The first lawsuit (for "discriminatory discharge") had been filed January 31, 1995 (see complaint).

10/15/98 Bernofsky files motion to recuse Judge Berrigan.

11/23/98 Judge Berrigan denies motion for her recusal.

12/28/98 Bernofsky appeals Judge Berrigan's refusal to recuse herself.

01/28/99 Bernofsky's attorneys file motion to withdraw from case.

02/02/99 U.S. Court of Appeals dismisses appeal challenging Judge Berrigan's refusal to recuse herself. ("An order denying a motion to recuse is not immediately appealable." – 5th Circuit Case No. 98-31417)

02/08/99 Judge Berrigan accepts attorneys' withdrawal and sets deadline of Feb. 22, 1999 for appointment of new counsel.

02/11/99 Bernofsky files "Complaint of Judicial Misconduct" against Judge Berrigan in U.S. Court of Appeals (5th Circuit) for failing to disclose her association with defendant.

02/11/99 Bernofsky sends letter to Judge Berrigan, stating that deadline leaves insufficient time to acquire new counsel. Letter is docketed as a motion.

02/12/99 Judge Berrigan gives Bernofsky an additional 20 days to name new counsel.

02/19/99 Appellate Court assigns Docket No. 99-05-372-0118 to "Complaint of Judicial Misconduct." Rules call for complaint to be reviewed by Fifth Circuit Chief Judge Carolyn Dineen King.

02/23/99 Fifth Circuit Chief Judge Carolyn Dineen King signs Order dismissing Bernofsky's "Complaint of Judicial Misconduct." Docketed March 1, 1999.

03/08/99 Bernofsky requests a six-month extension of trial deadlines to accommodate the calendar of potential new counsel.

03/10/99 Judge Berrigan grants an extension, with dates to be determined at a conference held April 8, 1999.

03/12/99 Bernofsky files an Appeal of the court order dismissing his "Complaint of Judicial Misconduct." The Fifth Circuit sets an April 1st deadline for Judge Berrigan's response.

04/02/99 The Fifth Circuit affirms that Bernofsky's appeal is still "pending." Rules now call for complaint documents to be given to members of the Judicial Council for review.

04/06/99 Bernofsky signs contract with new legal counsel to represent him in his retaliation/defamation lawsuit.

04/08/99 At preliminary conference, Judge Berrigan sets Jan. 18, 2000 as trial date for Bernofsky's retaliation/defamation lawsuit.

04/21/99 Bernofsky asks the American Bar Association to review Tulane Law School's accreditation for allowing adjunct professors who are judges to adjudicate lawsuits in which Tulane is a defendant.

04/26/99 The Judicial Council of the Fifth Circuit affirms the dismissal of Bernofsky's "Complaint of Judicial Misconduct."

04/27/99 Bernofsky informs Tulane Law School's faculty of his request to the American Bar Association to examine alleged unethical judicial conduct by at least four of Tulane's adjunct professors who are also judges.

05/10/99 Bernofsky urges U.S. senators to draft legislation that would make it illegal for university adjunct professors who are also judges to preside in civil cases in which the university is a defendant. Two senators express their support.

06/02/99 American Bar Association informs Bernofsky of its intention to examine Tulane Law School's use of its adjunct faculty.

06/14/99 Bernofsky petitions the Fifth Circuit for a writ of mandamus to recuse Judge Berrigan. (5th Circuit Case No. 99-30614)

06/21/99 Judge Berrigan responds to the petition for mandamus.

06/24/99 Bernofsky replies to Judge Berrigan's response of 6/21/99.

06/28/99 Tulane files response opposing a writ of mandamus.

07/06/99 Petition for writ of mandamus "DENIED" by Fifth Circuit Court of Appeals without opinion or explanation.

08/30/99 Petition filed in U.S. Supreme Court for a writ of mandamus to recuse Judge Berrigan. (Case No. 99-372)

09/28/99 Tulane files a brief in U.S. Supreme Court opposing a writ of mandamus to recuse Judge Berrigan. (Case No. 99-372)

10/08/99 Bernofsky files a reply brief in U.S. Supreme Court refuting claims made by Tulane in its brief in opposition to mandamus. (Case No. 99-372)

11/01/99 U.S. Supreme Court denies Bernofsky's Petition for Writ of Mandamus to recuse Judge Berrigan. (Case No. 99-372) Soon thereafter, Judge Berrigan accepts a Tulane summer 2000 teaching commitment in Greece for which she is paid $5,500.

01/04/00 At a pretrial conference, Judge Berrigan postpones to a later date the trial of Bernofsky v. Tulane, which had long been scheduled for Jan. 18, 2000. The pre-trial order is not entered on the docket or incorporated into the record. Another conference is scheduled for Jan. 20, 2000 to select a new trial date. (Civil Action No. 98-1792 c/w 98-2102)

01/05/00 At an unscheduled conference held today, Judge Berrigan ordered a 6-month delay (to May 15, 2000) of the trial of Bernofsky v. Tulane, thereby providing the University with a second opportunity to request summary judgment.

03/14/00 Tulane files its Motion for Summary Judgment.

03/15/00 Bernofsky discovers that Judge Berrigan has accepted a Tulane summer teaching assignment in Greece.

03/28/00 Bernofsky files memo in opposition to Tulane's Motion for Summary Judgment.

04/04/00 Bernofsky sends letter to Judge Berrigan requesting recusal because of her Tulane summer teaching assignment in Greece. The request is ignored.

04/18/00 Judge Berrigan grants Tulane's Motion for Summary Judgment and dismisses Bernofsky's lawsuit.

04/19/00 Bernofsky learns that Tulane paid Judge Berrigan $5,500 for her Tulane summer teaching assignment in Greece.

05/02/00 Bernofsky submits a motion for Judge Berrigan's recusal and a new trial.

05/31/00 Judge Berrigan denies Bernofsky's motion for recusal and a new trial and taxes Bernofsky for Tulane's legal costs.

06/05/00 Bernofsky files Notice of Appeal to the U.S. Fifth Circuit Court of Appeals.

09/06/00 Bernofsky files appeal brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)

11/03/00 Tulane files response brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)

11/09/00 Tulanelink.com Web Site closed down on advice of new counsel.

12/07/00 Bernofsky files reply brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)

01/09/01 Tulanelink.com Web Site restored sua sponte.

01/23/01 Bernofsky files Ethical Conduct Complaint with Louisiana Attorney Disciplinary Board against Tulane's attorney, G. Phillip Shuler, Esq.

02/22/01 Fifth Circuit Court of Appeals schedules oral argument for April 3, 2001. Victor R. Farrugia will stand for the plaintiff, and G. Phillip Shuler for the defense. (Case No. 00-30704)

04/03/01 Appellate hearing held before Judges Carolyn King, Thomas Reavley, and Edith Jones at 10 a.m. in Room 265, U.S. Court of Appeals Building, 600 Camp Street, New Orleans. (Case No. 00-30704)

04/10/01 Appellate panel affirms judgment of district court, with Chief Judge Carolyn Dineen King dissenting. The supportive opinion of Judge King opens door for a rehearing en banc. (Case No. 00-30704)

04/24/01 Bernofsky submits petition for rehearing en banc to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)

05/14/01 Petition for rehearing en banc to the U.S. Fifth Circuit Court of Appeals is denied. (Case No. 00-30704) [more]

08/09/01 Petition for Certiorari filed in U.S. Supreme Court. (Case No. 01-249)

08/20/01 Supreme Court grants Tulane's request to extend (by 100%) its deadline for responding to petition despite Bernofsky's strong objection.

09/17/01 Petition posted on the Web to ban judges who teach at universities from presiding over lawsuits against those same universities. Petition periodically renewed. [view and/or sign]

10/09/01 Tulane's Brief in Opposition filed in U.S. Supreme Court. (Case No. 01-249)

10/19/01 Reply to Brief in Opposition filed in U.S. Supreme Court. (Case No. 01-249)

11/13/01 U.S. Supreme Court denies Petition for Certiorari; Rule of Law succumbs to Politics; (Case No. 01-249)

04/23/02 Bernofsky presents a Poster Session based on Abstract 998 at the 2002 Experimental Biology Meetings held at the Ernest Morial Convention Center in New Orleans.

05/05/03 Bernofsky lobbies Louisiana Legislators to support House Bill No. 651 to end Tulane's legislative scholarship program and to reconstitute the university as a public institution. See letter.

06/05/03 Louisiana legislators are reminded that, at the expense of the state's own public education system, state subsidies to Tulane go to a private institution where 85% of the students are from out-of-state. See letter.

06/23/03 The 2003 legislative session ends, and House Bill 651 is withdrawn for lack of support.

07/10/03 Bernofsky sends a White Paper to Louisiana legislators, media outlets, political organizations, concerned citizens and gubernatorial candidates urging a public debate of Tulane's legislative scholarship program and its status as a private institution.

11/15/03 Voters elect Democrat Kathleen Babineaux Blanco Governor of Louisiana. She assumes office on January 12, 2004. The Blanco administration will be apprised of Tulane's role in exacerbating the plight of public education in Louisiana and advised on how this can be remedied.

12/30/03 Governor-elect Blanco and key advisors are reminded of the opportunity for reevaluating Tulane's legislative scholarship program and status as a private institution.

02/27/04 State legislators and Governor Blanco are advised by letter of the merit of reassimilating Tulane's educational function into the state university system and reorganizing its commercial activities as a new corporate entity.

03/07/04 Suggestions are given to a state legislator who questioned where the state would find the financial resources to accomplish a takeover of Tulane University.

Help Balance the Scales of Justice! Censure Judge Berrigan?

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Web site created November, 1998 This section last modified March, 2004
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10/15/98	Bernofsky files motion to recuse Judge Berrigan.
11/23/98	Judge Berrigan denies motion for her recusal.
12/28/98	Bernofsky appeals Judge Berrigan's refusal to recuse herself.
01/28/99	Bernofsky's attorneys file motion to withdraw from case.
02/02/99	U.S. Court of Appeals dismisses appeal challenging Judge Berrigan's refusal to recuse herself. ("An order denying a motion to recuse is not immediately appealable." – 5th Circuit Case No. 98-31417)
02/08/99	Judge Berrigan accepts attorneys' withdrawal and sets deadline of Feb. 22, 1999 for appointment of new counsel.
02/11/99	Bernofsky files "Complaint of Judicial Misconduct" against Judge Berrigan in U.S. Court of Appeals (5th Circuit) for failing to disclose her association with defendant.
02/11/99	Bernofsky sends letter to Judge Berrigan, stating that deadline leaves insufficient time to acquire new counsel. Letter is docketed as a motion.
02/12/99	Judge Berrigan gives Bernofsky an additional 20 days to name new counsel.
02/19/99	Appellate Court assigns Docket No. 99-05-372-0118 to "Complaint of Judicial Misconduct." Rules call for complaint to be reviewed by Fifth Circuit Chief Judge Carolyn Dineen King.
02/23/99	Fifth Circuit Chief Judge Carolyn Dineen King signs Order dismissing Bernofsky's "Complaint of Judicial Misconduct." Docketed March 1, 1999.
03/08/99	Bernofsky requests a six-month extension of trial deadlines to accommodate the calendar of potential new counsel.
03/10/99	Judge Berrigan grants an extension, with dates to be determined at a conference held April 8, 1999.
03/12/99	Bernofsky files an Appeal of the court order dismissing his "Complaint of Judicial Misconduct." The Fifth Circuit sets an April 1st deadline for Judge Berrigan's response.
04/02/99	The Fifth Circuit affirms that Bernofsky's appeal is still "pending." Rules now call for complaint documents to be given to members of the Judicial Council for review.
04/06/99	Bernofsky signs contract with new legal counsel to represent him in his retaliation/defamation lawsuit.
04/08/99	At preliminary conference, Judge Berrigan sets Jan. 18, 2000 as trial date for Bernofsky's retaliation/defamation lawsuit.
04/21/99	Bernofsky asks the American Bar Association to review Tulane Law School's accreditation for allowing adjunct professors who are judges to adjudicate lawsuits in which Tulane is a defendant.
04/26/99	The Judicial Council of the Fifth Circuit affirms the dismissal of Bernofsky's "Complaint of Judicial Misconduct."
04/27/99	Bernofsky informs Tulane Law School's faculty of his request to the American Bar Association to examine alleged unethical judicial conduct by at least four of Tulane's adjunct professors who are also judges.
05/10/99	Bernofsky urges U.S. senators to draft legislation that would make it illegal for university adjunct professors who are also judges to preside in civil cases in which the university is a defendant. Two senators express their support.
06/02/99	American Bar Association informs Bernofsky of its intention to examine Tulane Law School's use of its adjunct faculty.
06/14/99	Bernofsky petitions the Fifth Circuit for a writ of mandamus to recuse Judge Berrigan. (5th Circuit Case No. 99-30614)
06/21/99	Judge Berrigan responds to the petition for mandamus.
06/24/99	Bernofsky replies to Judge Berrigan's response of 6/21/99.
06/28/99	Tulane files response opposing a writ of mandamus.
07/06/99	Petition for writ of mandamus "DENIED" by Fifth Circuit Court of Appeals without opinion or explanation.
08/30/99	Petition filed in U.S. Supreme Court for a writ of mandamus to recuse Judge Berrigan. (Case No. 99-372)
09/28/99	Tulane files a brief in U.S. Supreme Court opposing a writ of mandamus to recuse Judge Berrigan. (Case No. 99-372)
10/08/99	Bernofsky files a reply brief in U.S. Supreme Court refuting claims made by Tulane in its brief in opposition to mandamus. (Case No. 99-372)
11/01/99	U.S. Supreme Court denies Bernofsky's Petition for Writ of Mandamus to recuse Judge Berrigan. (Case No. 99-372) Soon thereafter, Judge Berrigan accepts a Tulane summer 2000 teaching commitment in Greece for which she is paid $5,500.
01/04/00	At a pretrial conference, Judge Berrigan postpones to a later date the trial of Bernofsky v. Tulane, which had long been scheduled for Jan. 18, 2000. The pre-trial order is not entered on the docket or incorporated into the record. Another conference is scheduled for Jan. 20, 2000 to select a new trial date. (Civil Action No. 98-1792 c/w 98-2102)
01/05/00	At an unscheduled conference held today, Judge Berrigan ordered a 6-month delay (to May 15, 2000) of the trial of Bernofsky v. Tulane, thereby providing the University with a second opportunity to request summary judgment.
03/14/00	Tulane files its Motion for Summary Judgment.
03/15/00	Bernofsky discovers that Judge Berrigan has accepted a Tulane summer teaching assignment in Greece.
03/28/00	Bernofsky files memo in opposition to Tulane's Motion for Summary Judgment.
04/04/00	Bernofsky sends letter to Judge Berrigan requesting recusal because of her Tulane summer teaching assignment in Greece. The request is ignored.
04/18/00	Judge Berrigan grants Tulane's Motion for Summary Judgment and dismisses Bernofsky's lawsuit.
04/19/00	Bernofsky learns that Tulane paid Judge Berrigan $5,500 for her Tulane summer teaching assignment in Greece.
05/02/00	Bernofsky submits a motion for Judge Berrigan's recusal and a new trial.
05/31/00	Judge Berrigan denies Bernofsky's motion for recusal and a new trial and taxes Bernofsky for Tulane's legal costs.
06/05/00	Bernofsky files Notice of Appeal to the U.S. Fifth Circuit Court of Appeals.
09/06/00	Bernofsky files appeal brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)
11/03/00	Tulane files response brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)
11/09/00	Tulanelink.com Web Site closed down on advice of new counsel.
12/07/00	Bernofsky files reply brief to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)
01/09/01	Tulanelink.com Web Site restored sua sponte.
01/23/01	Bernofsky files Ethical Conduct Complaint with Louisiana Attorney Disciplinary Board against Tulane's attorney, G. Phillip Shuler, Esq.
02/22/01	Fifth Circuit Court of Appeals schedules oral argument for April 3, 2001. Victor R. Farrugia will stand for the plaintiff, and G. Phillip Shuler for the defense. (Case No. 00-30704)
04/03/01	Appellate hearing held before Judges Carolyn King, Thomas Reavley, and Edith Jones at 10 a.m. in Room 265, U.S. Court of Appeals Building, 600 Camp Street, New Orleans. (Case No. 00-30704)
04/10/01	Appellate panel affirms judgment of district court, with Chief Judge Carolyn Dineen King dissenting. The supportive opinion of Judge King opens door for a rehearing en banc. (Case No. 00-30704)
04/24/01	Bernofsky submits petition for rehearing en banc to the U.S. Fifth Circuit Court of Appeals. (Case No. 00-30704)
05/14/01	Petition for rehearing en banc to the U.S. Fifth Circuit Court of Appeals is denied. (Case No. 00-30704) [more]
08/09/01	Petition for Certiorari filed in U.S. Supreme Court. (Case No. 01-249)
08/20/01	Supreme Court grants Tulane's request to extend (by 100%) its deadline for responding to petition despite Bernofsky's strong objection.
09/17/01	Petition posted on the Web to ban judges who teach at universities from presiding over lawsuits against those same universities. Petition periodically renewed. [view and/or sign]
10/09/01	Tulane's Brief in Opposition filed in U.S. Supreme Court. (Case No. 01-249)
10/19/01	Reply to Brief in Opposition filed in U.S. Supreme Court. (Case No. 01-249)
11/13/01	U.S. Supreme Court denies Petition for Certiorari; Rule of Law succumbs to Politics; (Case No. 01-249)
04/23/02	Bernofsky presents a Poster Session based on Abstract 998 at the 2002 Experimental Biology Meetings held at the Ernest Morial Convention Center in New Orleans.
05/05/03	Bernofsky lobbies Louisiana Legislators to support House Bill No. 651 to end Tulane's legislative scholarship program and to reconstitute the university as a public institution. See letter.
06/05/03	Louisiana legislators are reminded that, at the expense of the state's own public education system, state subsidies to Tulane go to a private institution where 85% of the students are from out-of-state. See letter.
06/23/03	The 2003 legislative session ends, and House Bill 651 is withdrawn for lack of support.
07/10/03	Bernofsky sends a White Paper to Louisiana legislators, media outlets, political organizations, concerned citizens and gubernatorial candidates urging a public debate of Tulane's legislative scholarship program and its status as a private institution.
11/15/03	Voters elect Democrat Kathleen Babineaux Blanco Governor of Louisiana. She assumes office on January 12, 2004. The Blanco administration will be apprised of Tulane's role in exacerbating the plight of public education in Louisiana and advised on how this can be remedied.
12/30/03	Governor-elect Blanco and key advisors are reminded of the opportunity for reevaluating Tulane's legislative scholarship program and status as a private institution.
02/27/04	State legislators and Governor Blanco are advised by letter of the merit of reassimilating Tulane's educational function into the state university system and reorganizing its commercial activities as a new corporate entity.
03/07/04	Suggestions are given to a state legislator who questioned where the state would find the financial resources to accomplish a takeover of Tulane University.