General Law and Lawsuits

[sugar magnolia]

Any chance a new judge will move it along any faster than the glacial pace it's been going?

[RTH10260]

After pressure, Georgia attorney general in Cop City case responds to motions
John Fowler schedules forest visits for Rico defense lawyers but continues to claim ignorance on privileged emails

Timothy Pratt
Wed 17 Jul 2024 13.00 CEST

Georgia’s attorney general has responded to two motions from defense attorneys that call into question the state’s integrity in prosecuting an alleged criminal conspiracy behind protests against the controversial police training center colloquially known as “Cop City”.

The responses come on the heels of public pressure and media coverage that brought the motions to light.

In one case, John Fowler, the deputy attorney general, sent an email last week to the dozens of attorneys defending the 61 people accused of “racketeering”, to schedule visits by the end of July to the South River Forest near Atlanta – including the Cop City construction site and a public park where protestors camped for more than a year.

“We’ve been trying to schedule this visit since at least January,” defense attorney Xavier de Janon said. “It’s likely due to public pressure – the media, social media – that the state is finally allowing defense attorneys to see it.”

Fowler’s email followed de Janon’s motion filed in late June describing months of attempts to visit the forest, which the state calls a “crime scene”. The attorney petitioned Kimberly Esmond Adams, a Fulton county superior court judge, in the motion to dismiss all charges related to the forest due to the state’s stonewalling. In an 8 July story, the Guardian independently confirmed that other defense attorneys also hadn’t been able to schedule visits; one sent emails to Fowler “at least six times” about the matter, only to be ignored.

Adams ordered Fowler at a court conference in early May to schedule visits by the end of June, adding that the jury in an eventual trial may also need to do so. Fowler emailed defense attorneys, but never followed up to schedule visits, ignoring the judge’s deadline.

Meanwhile, construction on the $109m training center has continued apace, effectively changing some of the physical conditions on the ground forever, de Janon noted in his motion.



https://www.theguardian.com/us-news/art ... l-attorney

[RTH10260]

Honolulu Officers Who Handcuffed 10-Year-Old Can Be Sued for Using Excessive Force, Judges Rule
A federal appeals court has ruled that three Honolulu police officers who handcuffed an elementary school student in 2020 are not entitled to qualified immunity on an excessive force claim

By Associated Press
July 18, 2024, at 12:08 p.m.

Three Honolulu police officers can be sued on excessive force claims for their part in handcuffing and arresting a 10-year-old girl at Honowai Elementary School in 2020, according to a recent decision by a panel of judges for the 9th U.S. Circuit Court of Appeals.

The officers — Christine Nevez, Warren Ford and Corey Perez — appealed to the 9th Circuit after a federal judge rejected their requests for qualified immunity, a judicial doctrine that protects public officials, such as police officers, from individual liability. The officers were named along with the City and County of Honolulu and the Hawaii Department of Education in a federal lawsuit filed by the girl’s mother, Tamara Taylor, in 2022.

Taylor Brack, staff attorney with the ACLU of Hawaii which is representing Taylor, said the June 26 decision was a “big deal” as the plaintiffs were able to overcome the barrier of qualified immunity in this case.

“It tends to be a very, very powerful tool used by government defendants to lessen the ability of plaintiffs to sue them,” she said.

Qualified immunity is often held up as a necessary way to protect officers from liability as they carry out the duties of their risky jobs, but activist organizations, like the Innocence Project, have said it can prevent victims of government misconduct from seeking justice and shield officers from consequences when they transgress.

The protection, though, can be stripped in cases where it’s shown that the public official violated a “clearly established” right.

In Taylor’s case, 9th Circuit judges Consuelo Callahan, Andrew Hurwitz and Holly Thomas wrote in their decision that “no reasonable official could have believed that the level of force employed against” the 10-year-old student was necessary.

Honolulu police Chief Joe Logan said in a statement that the department does not agree with the court’s decision and stands by its officers’ actions. All three officers remain on full duty.

The girl, identified in court documents as “N.B.”, was arrested after school administrators reported her to the police for making an “offensive” drawing, according to Taylor’s complaint, which was filed Jan. 7, 2022.



https://www.usnews.com/news/best-states ... udges-rule

[Rolodex]

Not sure where to put this because it's an indictment, not a lawsuit. For some reason, I can't copy parts of the article. Anyway, Sue Mi Terry worked for the CIA and she has been indicted for not registering as a foreign agent of South Korea.

The interesting part is that she's married to Max Boot, author, historian and pundit on the teevee. He works for the Washington Post.

Seems to me that Terry was a cheap date for ROK (republic of korea). Some Michelin dinners, some luxury trinkets and $37k.
https://www.justice.gov/usao-sdny/pr/fo ... h-korean-0

[Suranis]

Some more on Logan Paul suing Coffeezilla for repeatedly pointing out Paul is a Scammer, and Paul hasn't paid his viewers back the money Paul scammed out of them, like Paul promised to do, twice.

[Rolodex]

Another scumbag "financial advisor." It says "activist" but they don't say how. I never hear of him.

The Securities and Exchange Commission today announced charges against activist short seller Andrew Left and his firm, Citron Capital LLC, for engaging in a $20 million multi-year scheme to defraud followers by publishing false and misleading statements regarding his supposed stock trading recommendations.

The SEC’s complaint alleges that Left, who resides in Boca Raton, Fl., used his Citron Research website and related social media platforms on at least 26 occasions to publicly recommend taking long or short positions in 23 companies and held out the positions as consistent with his own and Citron Capital’s positions. The complaint alleges that following Left’s recommendations, the price of the target stocks moved more than 12 percent on average. According to the SEC’s complaint, once the recommendations were issued and the stocks moved, Left and Citron Capital quickly reversed their positions to capitalize on the stock price movements. As a consequence, Left bought back stock immediately after telling his readers to sell, and he sold stock immediately after telling his readers to buy.

https://www.sec.gov/newsroom/press-releases/2024-89

[neonzx]

Elderly couple files first lawsuit in Boar’s Head’s multistate listeria outbreak over ‘damage to the marital relationship’

https://nypost.com/2024/07/27/us-news/b ... -outbreak/

An elderly Missouri couple has filed the first lawsuit related to the recent listeria outbreak linked to Boar’s Head meats sliced at deli counters, which sickened nearly three dozen people and caused two deaths.

Patrick and Sue Fleming are seeking upward of $25,000 for injuries and damages from Boar’s Head and Schnucks Markets for medical expenses, “loss of enjoyment of life” and “damage to the marital relationship,” according to the complaint filed in St. Louis circuit court.

“Plaintiff Patrick Fleming has lost the love, services, consortium, comfort, instruction, guidance, counsel, and support of his spouse, which he would have received in the usual course of his married life,” the suit said.

After eating Boar’s Head liverwurst Patrick, 76, purchased at Schnucks Markets in Ballwin, Mo., in June, Sue, 88, became “deathly ill,” per the complaint.

She reported experiencing “nausea, diarrhea, stomach cramping, and, most disturbingly, intense whole-body aches, shaking, and muscle weakness.”

They are seeking $25,000.

[RTH10260]

New Michigan Supreme Court ruling puts millions back in the pockets of former homeowners

by Teanna Barnes | News Channel 3
Wed, July 31st 2024 at 6:47 PM Updated Wed, July 31st 2024 at 7:09 PM:

KALAMAZOO, Mich. — A ruling by the Michigan Supreme Court could return potentially millions of dollars to Michiganders who foreclosed on their home, and that money could arrive as soon as next year.

The ruling centers around case Rafaelli v. Oakland County, passed down by Michigan's Supreme Court in 2020. Rafaelli's home was foreclosed upon due to a balance of $8.41 in unpaid property taxes. The county then sold that property at auction for a significantly larger amount and, as was law at the time, kept the surplus and used it for general operating purposes.

The Michigan Supreme Court ruled that practice as unconstitutional and said the homeowner was entitled to that surplus.

At the time of the ruling, only claims from 2020 and later qualified for reimbursement of funds, but a new ruling Monday could impact sales as far back as 2014. It means that former homeowners who lost their properties due to unpaid taxes in 2014 and forward qualify for reimbursement through a class action settlement.

Luckily for Kalamazoo County residents, Kalamazoo County Treasurer Thomas Whitener and his legal team anticipated this ruling. He told News Channel 3 that the surplus funds his office collected from foreclosures during that time period were set aside in a separate account and never used for county budgets. This allowed him to efficiently pay back those who were owed money.

[northland10]

People from Kalamazoo are super smart.

[RTH10260]

Three accused 9/11 plotters plead guilty in Guantánamo Bay deal – prosecutors
Alleged mastermind Khalid Sheikh Mohammed among trio to plead guilty to conspiracy in exchange for life sentence

Guardian staff and agencies
Thu 1 Aug 2024 03.33 CEST

Three men accused of being involved in the 9/11 terrorist attack – including the self-proclaimed mastermind of the 2001 attacks on the World Trade Center and the Pentagon – have agreed to plea deals at Guantánamo Bay, Cuba, prosecutors said on Wednesday.

“The Convening Authority for Military Commissions, Susan Escallier, has entered into pre-trial agreements with Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al-Hawsawi, three of the co-accused in the 9/11 case,” the Pentagon said in a short statement.

Defense lawyers have requested that the men receive life sentences in exchange for the guilty pleas, according to letters from the federal government received by relatives of some of the nearly 3,000 people killed on the morning of 11 September 2001.

“In exchange for the removal of the death penalty as a possible punishment, these three accused have agreed to plead guilty to all of the charged offenses, including the murder of the 2,976 people listed in the charge sheet,” said the letters, the New York Times reported.

Pentagon officials declined to immediately release the full terms of the plea bargains.

The agreement comes more than 16 years after their prosecution for the attack began, and more than 20 years after Al-Qaida militants commandeered four commercial airliners to use as fuel-filled missiles, flying them into the World Trade Center in New York and the Pentagon.

The hijackers steered the fourth plane toward Washington, but crew members and passengers tried to storm the cockpit, and the plane crashed into a Pennsylvania field.

The deal avoids both the prospect of a lengthy and complex trial, and the possibility that confessions seen as crucial to the case would be thrown out.

The men have been in US custody since 2003, and Khalid Sheikh Mohammed is widely seen as the chief plotter of the terror attacks. He allegedly received approval from the al-Qaida leader Osama bin Laden, who was killed by US forces in 2011, to craft what became the hijackings and killings.



https://www.theguardian.com/us-news/art ... uilty-plea

[RTH10260]

Austin revokes plea deal for alleged 9/11 mastermind Khalid Sheikh Mohammed and 2 others
The move places the death penalty back on the table for the alleged accomplices.

ByLuis Martinez
August 3, 2024, 2:46 AM

In a stunning development, Defense Secretary Lloyd Austin has revoked the controversial plea deal for alleged 9/11 mastermind Khalid Sheikh Mohammed and two accomplices announced on Wednesday, and said he was taking oversight of the military tribunal at Guantanamo.

The move, once again, places the death penalty on the table for three of the five 9/11 defendants who would have received life in prison at the U.S. base in Guantanamo, in return for pleading guilty to the murder of 2,997 people in the attacks on the World Trade Center, the Pentagon and on United flight 93.

Two other 9/11 defendants did not participate in the trial agreement, though only one of them, Ammar al Baluchi, could actually face trial proceedings at Guantanamo.

Last September a military judge ruled that the Ramzi bin al Shibh, the other defendant not participating in the plea agreement, was mentally incompetent to stand trial.

Austin's move was quietly announced by the Department of Defense in a memo from Austin that was posted on the Pentagon's press site late Friday night.

In the memo to retired Brig. Gen. Susan K. Escallier, who approved the plea deal for Mohammed, Walid bin Attash and Mustafa al-Hawsawi, Austin said he was taking over responsibility for the cases.

"I have determined that, in light of the significance of the decision to enter into pre-trial agreements with the accused in the above-referenced case, responsibility for such a decision should rest with me as the superior convening authority under the Military Commissions Act of 2009," Austin wrote.

"Effective immediately, I hereby withdraw your authority in the above-referenced case to enter into a pre-trial agreement and reserve such authority to myself," Austin continued.

Under this authority, Austin wrote, "I hereby withdraw from the three pre-trial agreements that you signed on July 31, 2024 in the above-referenced case."



https://abcnews.go.com/Politics/austin- ... =112529708

[RTH10260]

The Coffeezilla guy and his insurance expierience

[RTH10260]

KKK Act lawsuit over ‘Trump Train’ surrounding of Biden-Harris bus days before 2020 election just got one step closer to trial

Matt Naham
Aug 6th, 2024, 2:55 pm

A lingering Ku Klux Klan Act lawsuit over an incident days before the 2020 election, when a Biden-Harris bus was surrounded by Donald Trump supporters on I-35 between Austin and San Antonio in Texas, will move to trial after four defendants’ summary judgment motions failed on Monday.

The court docket only shows that U.S. District Judge Robert Pittman, a Barack Obama appointee, denied motions that were filed by defendants Dolores Park, Joeylynn Mesaros, Robert Mesaros, and Eliazar Cisneros, meaning that Wendy Davis, a Democratic former member of the Texas Senate, former Biden-Harris campaign staffer David Gins, and bus driver Tim Holloway can take their claims of political intimidation to trial on Sept. 9.

The judge’s order is under seal, so the details of his reasoning are unclear, but the defendants’ arguments about the Oct. 30, 2020, incident are a matter of available record.

Cisneros, for example, argued that what the Biden-Harris associated plaintiffs called an “ambush” and “assault,” among “other choice words,” was actually an exercise of First Amendment rights “in a demonstration of support for their favorite candidate for President of the United States,” Trump.

“[T]hat there may have been some negligent driving along the US 35 route does not amount to a conspiracy,” the filing said.



https://lawandcrime.com/lawsuit/kkk-act ... -to-trial/

[Dave from down under]

https://www.abc.net.au/news/2024-08-08/ ... /104194088

Man known as pro-democracy activist convicted in US of giving China intel on dissidents

[Delarin]

Question for the lawyers: How do you think this will come out?

Disney wants wrongful death suit thrown out because widower bought an Epcot ticket and had Disney+

https://finance.yahoo.com/news/disney-w ... 48551.html

A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it thrown out of court and sent to arbitration — because he signed up for Disney+ years earlier.

Court documents show that the company is trying to get the $50,000 lawsuit tossed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies.

Link to Disney's motion: https://www.documentcloud.org/documents ... NMVg9PVfWQ

This seems preposterous to me, but does Disney have a good argument?

(*) I believe that the restaurant's website also represents that certain menu items can be made allergen-free, but I did not check it myself.

[RTH10260]

to this IANAL from across the Great Pond it seems that the inclusion of other services in a trial streaming subscription is an overreach, especially when that subscription is no longer active. On the other hand by buying the tickets thru Disneys website the company may have a handle. As for including Disney into the lawsuit against the restaurant, that seems to to be only possible in the US. The restaurant is tenant and Disney does not supervise their operations.

[Dave from down under]

https://www.abc.net.au/news/2024-08-17/ ... /104237838

Woman posed as three different people in brazen plot to extort millions from Elvis Presley's family and auction off Graceland

In short:Lisa Jeanine Findley has been arrested on charges of defrauding Elvis Presley's family by trying to auction Graceland.
The 53-year-old posed as three different people allegedly involved with a fake lender that falsely claimed Lisa Marie Presley borrowed $US3.8 million ($5.7 million) before her death.
What's next?She has been charged with aggravated identity theft and mail fraud, which threatens up to 20 years in prison.
A Missouri woman has been arrested on charges she orchestrated a brazen scheme to defraud Elvis Presley's family by trying to auction off his Graceland mansion and property before a judge halted the mysterious foreclosure sale.

Lisa Jeanine Findley falsely claimed Lisa Marie Presley borrowed $US3.8 million ($5.7 million) from a bogus private lender and had pledged Graceland as collateral for the loan before her death last year, the Justice Department said on Friday, local time.

[RTH10260]

A Kansas paper and its publisher are suing over police raids. They say damages exceed $10M


https://apnews.com/article/kansas-newsp ... 0c67313d8f

and now:

Ex-Kansas police chief charged in newspaper raid

CBS News
14 Aug 2024

A former Kansas police chief tied to a 2023 raid on a local newspaper has been charged with felony obstruction of justice. According to a complaint filed Monday, Gideon Cody is accused of persuading a witness to withhold information from authorities during and after the raid. Sherman Smith, editor-in-chief of the Kansas Reflector, joins CBS News to discuss.

[MN-Skeptic]

Disney reverses course on bid to block wrongful death lawsuit by widower who had Disney+

Disney has reversed course on a wrongful death lawsuit brought by the widower of a woman who died after eating at a resort restaurant, saying the matter can now proceed to court.

Previously, Walt Disney Parks and Resorts had argued in court documents that the widower’s Disney+ streaming service contract means he cannot sue for the alleged wrongful death of his wife.

In the lawsuit, plaintiff Jeffrey Piccolo alleged that his late wife, Kanokporn Tangsuan, suffered a fatal allergic reaction from a meal she ate at a park restaurant in 2023. But Disney tried to get the lawsuit tossed by asking the court to move the dispute to arbitration, meaning the case would not go before a jury or otherwise continue in court.

Disney’s argument was that Piccolo had allegedly entered into a subscriber agreement when signing up for a Disney+ trial years ago – which requires users to arbitrate all disputes with the company.

Company lawyers also claimed that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s late wife.

In a statement sent to CNN on Monday, Josh D’Amaro, the chairman of Disney Experiences, said the company was waiving its right to arbitration.

“At Disney, we strive to put humanity above all other considerations. With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” he said in the statement.

“As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

[neonzx]

Disney reverses course on bid to block wrongful death lawsuit by widower who had Disney+

Good!

I really hate these arbitration clauses that are in everything.

[northland10]

Me thinks Disney leadership, who likely did not realize what their attorneys filed, saw the outrage and decided PR required them to reverse.

[RTH10260]

My hunch is that Disney does not expect to be on the hook for the restaurant concession, it's the separate businesses liability. How would the landlord of a strip mall become liable?

[Rolodex]

Anyone watching the Robert Telles trial? He's a former county official (elected) who is on trial for murdering a local journalist in Las Vegas.

It happened a couple of years ago, and I barely remembered a headline version. I saw some weird tweets from folks I know who follow trials so I looked into what they were commenting about and...hoo boy.

This Telles guy is a real piece of work. He's a lawyer, and he evidently also has NPD and other personality disorders. He originally represented himself (I guess at pre-trial hearings), but now he does have defense attorneys. But...he's barely using them. I've just started watching here toward the end of the trial (Court TV). He decided he wants to take the stand and testify, but in a weird turn, his lawyers are not asking any questions. He just got up and gave a 90 minute monologue. I missed that and started watching during the cross examination.

Apparently, this is quite rare. The attorneys didn't want him to take the stand, but he insisted. And there's an ethics code they have to follow where they can't ask questions if they know the person testifying will lie. So this is a huge tell that they just let him get up there and not have direct questions from his own attorneys.

DA finished cross yesterday, so Telles (who'd be taking notes) went back up today for "re-direct." Since his attorneys aren't involved in this, he just (sort of) took the DAs questions and tried to spin it his way. He'd already been long-winded and oblique during cross exam (could never just say yes or no...always some long dumb answer that didn't really answer) so this "re-direct" didn't do him any favors.

His big answer to day was that it was all a huge conspiracy against him, and he's the victim. They all planted DNA at the murder scene, his car near the home of the victim, computer searches re victim's address, car, etc, deleted texts..on and on. He also said he's 5'6" but if he's wearing lifts he's 6'5". He's arrogant af and I think the jury will not deliberate long.

[derevan]

Anyone watching the Robert Telles trial? He's a former county official (elected) who is on trial for murdering a local journalist in Las Vegas.

It happened a couple of years ago, and I barely remembered a headline version. I saw some weird tweets from folks I know who follow trials so I looked into what they were commenting about and...hoo boy.

This Telles guy is a real piece of work. He's a lawyer, and he evidently also has NPD and other personality disorders. He originally represented himself (I guess at pre-trial hearings), but now he does have defense attorneys. But...he's barely using them. I've just started watching here toward the end of the trial (Court TV). He decided he wants to take the stand and testify, but in a weird turn, his lawyers are not asking any questions. He just got up and gave a 90 minute monologue. I missed that and started watching during the cross examination.

Apparently, this is quite rare. The attorneys didn't want him to take the stand, but he insisted. And there's an ethics code they have to follow where they can't ask questions if they know the person testifying will lie. So this is a huge tell that they just let him get up there and not have direct questions from his own attorneys.

DA finished cross yesterday, so Telles (who'd be taking notes) went back up today for "re-direct." Since his attorneys aren't involved in this, he just (sort of) took the DAs questions and tried to spin it his way. He'd already been long-winded and oblique during cross exam (could never just say yes or no...always some long dumb answer that didn't really answer) so this "re-direct" didn't do him any favors.

His big answer to day was that it was all a huge conspiracy against him, and he's the victim. They all planted DNA at the murder scene, his car near the home of the victim, computer searches re victim's address, car, etc, deleted texts..on and on. He also said he's 5'6" but if he's wearing lifts he's 6'5". He's arrogant af and I think the jury will not deliberate long.

I've been following this for a while. It's fascinating. Telles was the public administrator for Clark County, and apparently had a short temper and appeared to be somewhat of a control freak. He stressed out his whole staff, who contacted a Review Journal investigative reporter and asked him to report on the situation (which included an affair with a subordinate who then allegedly got preferential treatment). The reporter, Jeff German, wrote a series of articles which likely led to Telles losing the election for another term. The reporter was then killed. There is a plethora of evidence against Telles. But that's the beauty part of a "There's a conspiracy against me" defense. You can explain away all the physical evidence, including your DNA under the victim's fingernails. I highly recommend watching the cross examination of Telles.

The only thing that has me concerned is that the jury submitted one question after Telles's testimony. They asked if his wife knew about the affair before the killing, and he said yes.

Bonus - the judge is the same one who presided over Kim Blandino's trial.

[p0rtia]

Sounds interestimg. I'll check it out. Tx!