The American Legion Newsletter 1 July 2012, Mystic Island Post 493 Little Egg Harbor
USFSPA & Divorce [21] ————– (Marshall Willick Lawsuit)
USFSPA & Divorce Update 21: Marshall Willick, a divorce lawyer based in Las Vegas who specializes in representing the ex-spouses of military retirees in divorces, has filed a lawsuit in the Clark County District Court (NV) against several disabled military veterans and organizations. Willick named 11 defendants and ten “Doe” (unknown) defendants. The first two defendants, and apparent primary targets, were Vietnam combat
disabled combat veterans along with the veteran service organizations they are affiliated with (i.e. Operation Firing for Effect, Inc. and Veterans For Veteran Connection, Inc.) and the Veterans Today Military & Foreign Journal. In the lawsuit, Willick complains of e-mails and website postings alleging false information about himself and the Willick Law Firm. The defendants and attorney Willick have been engaged in an on-going political debate over the rights of states to order certain payments in a divorce settlement directly from veteran’s disability compensation, which the dependents allege are in violation of federal law. Specifically 38 USC 5301 and 10 USC 1408, as well as the 1989 Supreme Court decision of Mansell v. Mansell.
At the heart of the public debate is Willick’s claim that VA disability compensation awarded to combat disabled veterans belongs to the veteran’s entire family, including ex-spouses. He also claims VA disability compensation is income, and in a divorce the ex-spouse is entitled to a significant portion of that income as alimony. According to
Willick, sorting out how much of a veteran’s disability compensation is awarded to an ex-spouse is what divorce courts are for. He also claims that combat military service is no more dangerous than the work of zoo keepers and construction workers. According to the two dependents, Willick’s law suit is nothing more than a thinly veiled attempt to silence those who disagree with him from publicly criticizing him and his attempts to strip combat
disabled veterans of their earned disability compensation. Both veterans consider his law suit to be an attack on their 1st Amendment rights of free speech and believe that his law suit was filed in retaliation for formal complaints they filed against him with the Nevada State Bar in January of this year.
Lawyers advising the defendants have reviewed Willick’s law suit and feel this suit is a classic SLAPP (Strategic Litigation against Public Participation) suit – a type of aggressive law designed to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Although many states have outlawed such suits and allow for defendants to have such suits quickly adjudicated and be reimbursed for their costs, the legislation in Nevada is weak on this subject, providing only limited protection (NRS 41.635 to 41.670). Defendants allege it appears Willick would prefer to bring an action against disabled veterans instead of addressing the issues with the group in a meaningful dialogue. One of his causes of action is defamation,
meaning that he will be alleging that there were false statements of fact that harmed his reputation. Ultimately, it 4 seems the issues he proffers will have their day in court. Source: http://www.veteranstoday.com/2012/06/10/lasvegas-divorce-attorney-sues-disabled-veterans/
