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Media Coverage of Victory in Jay Dobyns Case

*UPDATED*

Multiple media outlets covered the Jay Dobyns victory in the case against the ATF. J. Ernest Baird, P.C. attorney James Reed was quoted extensively in the coverage.

ABC News: Retired Agent Awarded $173,000 in ATF Lawsuit

USA Today: Court favors ex-agent in suit against ATF

Arizona Republic and Channel 12 NBC TV News: Judge: ATF to pay $173K to ex-agent

Phoenix New Times: “Vindication” for Jay Dobyns, Ex-ATF Agent Who Infiltrated Hells Angels, After Court Ruling

Examiner: ‘No Angel’ Dobyns wins ‘David and Goliath’ challenge against ATF

Fox News: Judge rebukes ATF over treatment of agent who infiltrated Hells Angels

Twitchy: Federal Judge: ATF ‘Fast and Furious’ official’s testimony ‘unworthy of belief’

AP: Retired agent awarded $173,000 in ATF lawsuit (various other outlets picked up the AP story)

Arizona Daily Independent: Dobyns vindicated, awarded $173,000 in monetary damages

Miami Herald: Retired agent awarded $173,000 in ATF lawsuit

Town Hall: Vindicated: Agent Jay Dobyns Wins Long Court Battle With ATF

Daily Mail (UK): Retired agent awarded $173,000 in ATF lawsuit

Courthouse News Service: Feds Owe Ex-Undercover Agent for Gang Threats

 

MEDIA ADVISORY: ATF Special Agent Jay Dobyns (ret.) Defeats the U.S. Department of Justice in U.S. Court of Federal Claims

Today, Federal Judge Francis M. Allegra of the United States Court of Federal Claims released his trial court opinion following a three week trial to the bench, finding in favor of 27 year United States Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undercover Special Agent Jay Dobyns (ret’d), against the defendant United States and the U.S. Department of Justice.

A full press release with information about the case can be found here:

PRESS RELEASE – BAIRD WILLIAMS GREER CLIENT ATF AGENT JAY DOBYNS DEFEATS US DEPARTMENT OF JUSTICE IN US COURT OF FEDERAL CLAIMS

How to Use Lien Claims and Stop Notices as Payment Leverage in Arizona

By James Reed

Lien Claims and Stop Notices are at their most effective when they are both used on the same project. Here’s why you should use both, if you want to maximize your chances of recovery.   

When must you file suit on Lien Claims and Stop Notices?  In Arizona, lien claimants have 120 days from project completion to record a lien claim if no Notice of Completion is recorded, and 60 days if an NOC was recorded. If you still aren’t paid after recording your lien claim, you have six months from the date of recording the lien claim to file a lien foreclosure lawsuit in Superior Court, at which time you must also record a Notice of Lis Pendens.        

The time to serve a stop notice (a device to freeze the flow of money – from an owner to the contractor or from a construction lender to an owner – until the stop notice claimant has been paid) is the same as the deadlines to record a lien claim: 60 days after project with an NOC and 120 days without one. You have three months after the last day to record a lien claim in which to file suit (there is a 10 day waiting period after stop notice service, during which a stop notice lawsuit is not allowed).

A comparison between Lien Claims and Stop Notices – Lien claims are recorded and stop notices are not.Stop notice claimants must file suit in court on stop notice rights or else lose them in half the time available for lien claimants to do so.The first point favors the use of stop notices, since they do not impair the transfer of real property and are less likely to damage customer relationships.However, the shorter time involved for filing suit means that a stop notice claimant may be more frequently in a position than is a lien claimant of having to sue on stop notice rights or otherwise lose them. Because lien claimants have six months from recording the lien to file suit on their rights, the claimant is much more likely to know the intentions of the general contractor with respect to final payment of subcontractors and suppliers before the time to sue has expired. Thus, the second point favors the use of lien claims.

So what is the best strategy?  Use both.First, unless you know that you are going to lose a very valued and dependably-paying customer, always use a preliminary notice when providing materials or labor to a construction site.Secondly, anytime you would consider recording a lien claim, serve a stop notice also. The stop notice gives you extra pressure to apply without having to cloud title and potentially be liable if you do so improperly. If you haven’t been paid within three months of the last day to record a lien claim – and IF you timely and properly recorded your lien claim – then you can simply let your stop notice rights expire instead of a stop notice lawsuit, and then fall back on your lien claim rights. You then have about three more months of negotiating time with the owner or general contractor to get paid before you have to file suit to foreclose on the lien claim.

In sum, in most situations when you would consider recording a lien claim, you should also serve a stop notice. And anytime you fear that a lien claim will injure a business relationship, remember that a stop notice is an easy alternative device to spur collection of your receivable without clouding the title of property being improved.Good luck with both.

James B. Reed is a partner at Baird Williams & Greer and heads the firm’s construction lien and bond section.He is renowned for his expertise in lien and bond law, and was a presenter at the 2004 NACM National Congress. Click here to schedule a consultation with Attorney James Reed.

Jay Dobyns | Client Testimonial

(Left to Right)  J. Ernest Baird, P.C. Paralegal Jeff Elder, J. Ernest Baird, P.C. Client Jay Dobyns, J. Ernest Baird, P.C. Attorney James Reed, J. Ernest Baird, P.C. Associate Carson Emmons

(Left to Right) J. Ernest Baird, P.C. Paralegal Jeff Elder, J. Ernest Baird, P.C. Client Jay Dobyns, J. Ernest Baird, P.C. Attorney James Reed, J. Ernest Baird, P.C. Associate Carson Emmons

Dear Messrs. Baird, Williams and Greer,

With the closing arguments of Dobyns v. USA concluded, I wanted to send you a brief message.

First, thank you for your undying support to me during this case.  The courage that you displayed to allow your firm to represent me is immeasurable.

Jim is an extraordinary attorney.  I am supremely honored to call him my lawyer.  During the five years he has worked on this case and a Department of Justice and ATF that said they would out-resource us from the beginning, Jim never forfeited his commitment or integrity.  His work ethic is unlike anything I have ever seen.  The stamina and resilience he has displayed over 5 years is nothing short of amazing.

Carson routinely proved himself to be intelligent in his work and eloquent is his writing.  His research and legal insights were over and over and over simply tremendous.

Jeff was a remarkable workhorse.  There was no task too big, small, complex or simple that he did not overachieve on.  During each court appearance, Jeff out-performed the best DOJ had to offer, and his work was not one single time trumped by anything his DOJ peers could muster.

Your staff was always friendly, kind, supportive and displayed to me the hospitality that I believe few firms would ever grace a client with.

Upon exiting the courtroom on Tuesday, all I heard was how “remarkable” and “brilliant” my lawyers were.  I took a huge sense of personal pride in that.  Jim, Carson and Jeff have become family to both me and my family.

I know that I am not telling you anything that you do not already know.  I hope your sense of pride in Jim, Carson and Jeff is overflowing.

Respectfully,

Jay Dobyns

Case Against the ATF Appears on ABC (KGUN9-TV)

Reed Interview

Baird Williams & Greer Attorney James Reed answers questions from the media after conducting closing arguments for Dobyns verse United States.

Baird Williams & Greer filed a $10M federal lawsuit against the Department of Justice on behalf of former ATF Agent Jay Dobyns, maintaining he was betrayed by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Dobyns claimed the ATF ignored death threats against him and his family, as well as tried to frame him in an effort to cover-up their own corruption. J. Ernest Baird, P.C. Attorney James B. Reed served as lead counsel on the case, which made headlines in Washington D.C. and Tucson, Ariz. for its riveting evidence and stunning testimony. ABC (KGUN9-TV) located in Tucson covered the story locally and included an interview with J. Ernest Baird, P.C. Attorney Reed. You can watch the entire story here.

Jim Reed Weighs in on ATF Case: Dobyns vs. United States

As lead counsel, Baird Williams & Greer Attorney James B. Reed makes an appearance on a National Rifle Association News Special Report from Ginny Simone, weighing in on the Dobyns vs. United States case. Reed represents retired Bureau of Alcohol, Tobacco, Firearms and Explosives agent Jay Dobyns in a contract dispute suit in which Dobyns maintains while serving as an undercover agent paid to infiltrate the Hells Angels, the ATF failed to adequately protect him and his family against threats and violence made by the gang.

Baird Williams & Greer Law Firm Files Suit Against the ATF

Baird Williams & Greer Law provides legal counsel to ATF Agent Jay Dobyns in a $4 million lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in the U.S. District Court of Arizona, alleging defamation of character and the failure to protect him and his family. The lawsuit follows the release of Dobyns’ best seller, “No Angel: My Harrowing Undercover Journey to the Inner Circle of the Hells Angels,” written with Nils Johnson-Shelton. In the book, Dobyns’ describes his undercover mission with the Hells Angels and the subsequent fall out. Read more >>