Attorney files civil lawsuit: veterans’ disability can be used to satisfy a civil judgment?
Written by GLRAdmin on January 13, 2014
Las Vegas, NV – A lawsuit set to be heard on June 23, 2014 before the 8th District Court, Clark County could be a deciding factor on whether veterans’ disability can be used to satisfy a civil judgment. The civil lawsuit was filed by a high profile family attorney against several veterans groups on May 14, 2012 has alleged that these so-call militant military groups intentionally cause harm to him and his law firm through defamation, RICO, disparagement of business and other claims.
While Mr. Willick has denied being a public figure in his civil complaint, his actions tell a different story. Mr. Willick has litigated trial and appellate cases in Nevada and claims that he has participated in hundreds of divorces and pension cases in the trial and appellate courts of other states, and in the drafting of various state and federal statutes in the areas of pensions, divorce, and property division. He has been called on to represent the entire ABA in Congressional hearings on military pension matters and written books on pensions. His views on a long standing national debate over controversy in military retirement has thrust him into the public limelight and at the forefront of family law practitioners who strives to influence what could be a bias resolution of these military retirement issues.
Mr. Gene D. Simes and Mr. Jere Beery find themselves in a precarious situation, as Mr. Willick has made it clear though his own words that he is going after them with the intent of publicly embarrassing them before a jury trial and hopes to get a “large judgment against them, their asso
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ciates, and their heirs”. Then he can see how much of this “judgment will be enforceable, one way or the other”, if it gets to that phase, and the best that these two disabled veterans can hope is to find legal cover adequate to evade the judgment – while earning the reputation of a judgment-evading deadbeat.
These two highly decorated combat disabled Vietnam veterans are advocates who seek to preserve veterans’ disability benefits awarded to injured soldiers. Both feel that this lawsuit is about trying to silence them for being out spoken on this politically charged debate. For one year and a half they have stood firm on their contention that Mr. Willick used hate speech to maliciously incite an emotional reactions from veterans groups that sparked a series of publications written by Mr. Beery (a freelance writer) through Veterans Today, an online media source.
The outcome of this trial depends on whether they can find an attorney to represent them. According to Mr. Simes and Mr. Beery when they contacted the Nevada Legal Aide, it declined to represent them because attorney Willick sits on their board of directors, thus presenting a conflict of interest. This case could have a rippling effect on whether state courts will be able to court-order garnishment of veterans’ disability compensation to settle any type of civil cases, contrary to federal laws. If Mr. Willick prevails, it could set a dangerous precedence that might jeopardize congressional protection of veterans’ disability compensation, which dates back to early American revolutionary history.
