Daniel Bernath News

Well, you know what they call the guy who graduates last in his law school and bar exam.
 
JB1842 said:
Depends on where/how you make that statement. If you are testifying to what is posted on the internet, and not statements made to you directly, it is hearsay.
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Well actually, coming from a REAL lawyer, statements made by a party-opponent or criminal defendant him/herself, including written/oral statements, etc. are NOT hearsay.
 
JeffDG said:
Don't need to testify to that...it's a written record, just need to establish he wrote it.
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Correct. Just needs to be authenticated that it came from him. Either he admits it, circumstantial evidence, IP, etc.
 
weilke said:
The judge probably arrived at that conclusion after reading his filings.

He may just not be admitted to the federal courts.
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He would be pro se even if he were. Pro se just means unrepresented. He is unrepresented, even if he is himself an attorney.
 
Very odd that the motion to dismiss says circuit court of Oregon when it's clearly a federal district court proceeding. Bizarre.
 
frcabot said:
Very odd that the motion to dismiss says circuit court of Oregon when it's clearly a federal district court proceeding. Bizarre.
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Same case number on the dismissal. Tells you something about the skill of the lawyer who drafted the motion.
 
I don't know about OR, but with some of the lawyers I have met in Georgia, I can't imagine how bad one would have to be, to be denied due to character around here!
"Just because you are a character, doesn't mean you have character!" :D
Pulp Fiction, I think it was "The Wolf" that said it. :D
warthog1984 said:
He applied to the bar in OR, but got denied after a character review. http://caselaw.findlaw.com/or-supreme-court/1447944.html
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N747JB said:
I don't know about OR, but with some of the lawyers I have met in Georgia, I can't imagine how bad one would have to be, to be denied due to character around here!
"Just because you are a character, doesn't mean you have character!" :D
Pulp Fiction, I think it was "The Wolf" that said it. :D
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lying on an application is pretty much auto-denial if caught.
 
Wow, sorry I missed all of this, but you really can't imagine how amusing it is to read this whole thread as a single item.

I see an income possibility here -- I'll file a class-action suit, and get Abby to donate a lot of money to it. XDDD

Now he has an RV? What he needs is a Schweitzer, so he can fly without gas.
 
Any idea when the NTSB will release a Probable Cause...most of the other accidents the same month are out, but No Gas Bernath's is still "Preliminary"
 
JeffDG said:
Any idea when the NTSB will release a Probable Cause...most of the other accidents the same month are out, but No Gas Bernath's is still "Preliminary"
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I think they are trying to figure out a way to properly categorize "Dumbass" as the cause.
 
SoloEqs said:
Wow, sorry I missed all of this, but you really can't imagine how amusing it is to read this whole thread as a single item.

I see an income possibility here -- I'll file a class-action suit, and get Abby to donate a lot of money to it. XDDD

Now he has an RV? What he needs is a Schweitzer, so he can fly without gas.
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Are you ready to pull that ASI out and go full glass with an iPad? :rofl:
 
eman1200 said:
I think they are trying to figure out a way to properly categorize "Dumbass" as the cause.
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I believe the NTSB is quite familiar with the category....the Asiana "arrival" at SFO is a prime example.
 
Clark1961 said:
I believe the NTSB is quite familiar with the category....the Asiana "arrival" at SFO is a prime example.
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:yes:.....:lol:....:rofl:....

Let's hope pilots Sum Ting Wong.... Wei Tu Lo... Holi Fuk and Bing Dang Ow are not POA members as they might get offended...;).....:D
 
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The FAA came out with Fuel Testing before first flights. If the manufacturer does not provide this info its on the owner to do these test.
I also thought the FAA has regs against fling with a certain reserve. How can one take off knowing they are flying on this reserve when they took off and then run out of fuel. PIC error in my book.
Anyone can sue anyone, but winning that suit is another story. This persons ego got bruised and he wants to blame others for this. He even mentions he took off knowing he only had 30 mins of fuel. He just broke the regs. This will not stand up in court. Any attorney worth his salt will beat this.

Tony
 
1600vw said:
The FAA came out with Fuel Testing before first flights. If the manufacturer does not provide this info its on the owner to do these test.
I also thought the FAA has regs against fling with a certain reserve. How can one take off knowing they are flying on this reserve when they took off and then run out of fuel. PIC error in my book.
Anyone can sue anyone, but winning that suit is another story. This persons ego got bruised and he wants to blame others for this. He even mentions he took off knowing he only had 30 mins of fuel. He just broke the regs. This will not stand up in court. Any attorney worth his salt will beat this.

Tony
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Hell, it's already been dismissed with prejudice. So, the attorney has beat it.
 
JB1842 said:
It would be hard, I think. Without any other proof of cruelty, it'll probably be considered hearsay, and any good defense lawyer would get the case dropped.
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Well they'd probably have to show some better proof that it actually happened. Just because the person said it did (especially given an altered mental state) doesn't mean it necessarily happened.

However, the hearsay rule is largely misunderstood. A witness testifying about something the defendant said is NOT inadmissible hearsay. The confrontation clause requirements are met.
 
By his own admission he intentionally took off with insufficient fuel. There's a particularly good reason the FAA requires 30 minute reserves.
 
He's the Geoffrey Feiger of the west. Never mind you don't have a case, sue anyway just to harass.
 
Chortle. A veteran of the Cold War who was honored by the photo club with a title of CPO?

What was his real rate? Apprentice Seaman?
 
Well this is fun in addition to his denial of admission to the Oregon bar, they also sued him for misusing their trademarks by putting up a "oregonstatebar.tv" domain to protest that denial.

http://www.adrforum.com/domains/decisions/99657.htm

Of course, he's making great friends in the state judiciary as well. He appears to have assaulted one:

http://www.oregonlive.com/portland/index.ssf/2010/10/portland_judge_orders_social_s.html
and sued the judge who convicted him from that offense:

http://law.justia.com/cases/federal/district-courts/oregon/ordce/3:2011cv00599/102642/24

Of course other regulators are after him for misleading advertising for his disability services.
 
Henning said:
I'm surprised he didn't get committed after assaulting the judge.
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We don't commit people with mental disorders anymore, too non PC. We do however let them try their hand at flying LSA aircraft. From what I've read, the plan will likely work sooner than later, it almost did in Oregon a few months back.

Seriously though, It would be in the best interest of the LSA community to add a little chlorine to their pilot pool, self regulate and get this idiot out of the air.
 
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Not specifically referring about anyone, but, as I don't keep up with LSA, does the whole "no medical" thing not care about people with, uhhhhh..., shall we say "bats in the belfry"?

Suicidal thoughts, PTSD, etc? No mechanism for them to be grounded?
 
Velocity173 said:
Well that was entertaining. Suing NASA? Hilarious! I'm surprised POA wasn't on his list.
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Not only is he suing NASA, he misspelled the center name, misidentified the location, and identified an "employee" that doesn't exist anywhere in NASA (even with obvious misspellings accounted for, and including the contractor staff). Something tells me that claim isn't going to last long….

Is it just me, or does that whole complaint read like it was written by a bipolar on his "up" phase?
 
MAKG1 said:
Not only is he suing NASA, he misspelled the center name, misidentified the location, and identified an "employee" that doesn't exist anywhere in NASA (even with obvious misspellings accounted for, and including the contractor staff). Something tells me that claim isn't going to last long….

Is it just me, or does that whole complaint read like it was written by a bipolar on his "up" phase?
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Well based on comments of people who have worked with him, it does seem that he is indeed bipolar. He sure has made some enemies with Stolen Valor and the VFW that's for sure.
 
Given the overly large number of mistakes (spelling, factual, grammatical), I suspect he types these things while he's angry and doesn't have the good sense to proof read over them once he calms down.

I used to have a contracting officer who'd fire off these inflammatory emails at 2AM but usually by the time 8AM rolled around he'd calmed down. I suggested he put a delay on his outgoing email ...
 
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