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Re: General Law and Lawsuits

#126

Post by Tiredretiredlawyer »

https://www.dailykos.com/stories/2021/1 ... ely-racist
Crying Nazi representing himself in 'Unite the Right' trial only good at being extremely racist

Much can be said about the testimony of victims of the 2017 “Unite the Right” rally in Charlottesville, Virginia. Women like Marissa Blair and Chelsea Alvarado, who were injured when James Fields plowed his car into protesters, bravely recounted arguably the worst weekend of their lives in front of the Nazis who had a direct hand in what is now considered a terror attack. Blair’s description during her testimony Monday of dropping to her knees upon hearing of friend Heather Heyer’s death at the hands of Fields is absolutely heart-wrenching, as is the sacrifice of her now-husband, Marcus Martin, who pushed her out of the way of Fields’ car and sustained life-altering injuries.

A photo of Martin being violently struck ultimately won a Pulitzer Prize. Martin never stopped fighting for what’s right throughout his recovery after that horrible August day. He took the stand in 2018 during the trial against Fields, who was ultimately sentenced to life in prison, and is expected to testify during the Sines vs. Kessler trial. Alvarado took the witness stand on Tuesday and identified photos showing the impact the damage had on her and a fellow plaintiff and friend, Natalie Romero. A particularly alarming photo showed Romero’s blood on the blue drum Alvarado had been carrying at the time of the attack.

There is consistent, explicit photographic evidence of the damage wrought by the many Nazi groups who terrorized the city of Charlottesville. Yet Chris “Crying Nazi” Cantwell chose to focus his questions on whether members of antifa may have been lying in wait, focusing on nonexistent details in hopes that they may somehow save him from himself. Cantwell, whose mastery extends to only being a racist waste of a courtroom’s time, is representing himself in the trial—and seemingly everyone is tired of his bullshit.

Cantwell gleefully gets his kicks from being reactionary, even in a courtroom setting. Yet all Cantwell seems to be reinforcing is how much he truly means to be racist and how deeply intentional his actions have consistently been across the board. There appears to be no set date for when this trial ends just yet, but one thing is clear: The jury wants it over with. Judge Norman Moon announced that jurors agreed to work through the federal holiday on Thursday. Integrity First for America, the civil rights nonprofit whose lawyers are representing the plaintiffs, is in it for the long haul, however.
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Re: General Law and Lawsuits

#127

Post by Uninformed »

If you can't lie to yourself, who can you lie to?
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Re: General Law and Lawsuits

#128

Post by Tiredretiredlawyer »

https://www.npr.org/2021/11/10/10543371 ... nzi-scheme
A solar firm owner is sentenced to 30 years over a billion-dollar Ponzi scheme

Jeff Carpoff, 50, previously pleaded guilty to conspiracy to commit wire fraud and money laundering in January 2020.

"He claimed to be an innovator in alternative energy, but he was really just stealing money from investors and costing the American taxpayer hundreds of millions in tax credits," said Phillip Talbert, the acting U.S. Attorney for the Eastern District of California.

It was the largest criminal fraud scheme in the history of the district, which includes Sacramento and Fresno.

According to prosecutors, from 2011 to 2018, DC Solar manufactured mobile solar generator units and, because they used solar energy, buyers could obtain federal tax credits.

The schemers lied about the demand for the generators, falsified financial documents and contracts and eventually DC Solar stopped building new generators altogether — though it continued to sell thousands of units that didn't exist. The company sold roughly 8,500 that were never made.

Among the investors who fell victim to the scheme were investor Warren Buffet's company Berkshire Hathaway and the insurance giant Progressive, NBC News reported.
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Re: General Law and Lawsuits

#129

Post by raison de arizona »

Well there is something you don’t see everyday.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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Re: General Law and Lawsuits

#130

Post by Frater I*I »

I have a feeling 10 days in the jailhouse is now gonna transform into a felony.... :think:
"He sewed his eyes shut because he is afraid to see, He tries to tell me what I put inside of me
He's got the answers to ease my curiosity, He dreamed a god up and called it Christianity"

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Re: General Law and Lawsuits

#131

Post by Foggy »

Yes indeedy. She in a heap of trouble now. :smoking:
Out from under. :thumbsup:
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Re: General Law and Lawsuits

#132

Post by pipistrelle »

Foggy wrote: Fri Nov 12, 2021 12:40 pm Yes indeedy. She in a heap of trouble now. :smoking:
I think I saw this is from 2011.
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Re: General Law and Lawsuits

#133

Post by raison de arizona »

pipistrelle wrote: Fri Nov 12, 2021 2:57 pm
Foggy wrote: Fri Nov 12, 2021 12:40 pm Yes indeedy. She in a heap of trouble now. :smoking:
I think I saw this is from 2011.
Ack, you are correct. I wonder what happened, all I've been able to find so far is that it was assigned to another judge.
https://www.nydailynews.com/news/nation ... e-1.158868
Woman Accused Of Attacking A Judge Faces More Charges
Read how a woman who was being accused in a a domestic violence complaint from her husband, the wife lashed out and attacked the judge, adding intimidating a participant in a legal process, terrorist threatening and resisting arrest were added to the char
https://www.divorcemag.com/articles/wom ... re-charges

They bumped the 10 days for contempt to 120 days AND added the other charges.
Hardwick was sentenced 120 days in jail for contempt of court for the incident.

She faces charges of third-degree terroristic threatening, intimidating a participant in the legal process and resisting arrest.

Her bond is set at $25,000.
https://www.dailymail.co.uk/news/articl ... court.html
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
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Re: General Law and Lawsuits

#134

Post by northland10 »

Attacking a judge when you are accused of domestic violence is an interesting choice for a legal strategy.
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Re: General Law and Lawsuits

#135

Post by Uninformed »

From October




“Lawyer Steven Donziger gets six-month sentence for contempt in Chevron battle”
https://www.theguardian.com/us-news/202 ... pt-chevron
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Re: General Law and Lawsuits

#136

Post by Tiredretiredlawyer »

https://www.usnews.com/news/us/articles ... ight-trial
'Unite the Right' Trial Jurors Hear Closings in Virginia

Their arguments in U.S. District Court in Charlottesville came in a lawsuit alleging that two dozen white nationalists, neo-Nazis and white supremist organizations conspired to commit violence during two days of demonstrations.

During their closing presentation, plaintiffs' attorneys showed the jury dozens of text messages, chat room exchanges and social media postings by the rally's main planners. Some were filled with racial epithets and talk of “cracking skulls” of anti-racist counterprotesters.

“We sued the people who were responsible — the leaders, the promoters, the group leaders, the people who brought the army, the people who were the most violent members of the army. Those are the people who we ask you to hold accountable today,” said attorney Karen Dunn..
Defense closes.this afternoon.
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Re: General Law and Lawsuits

#137

Post by Tiredretiredlawyer »

https://www.msn.com/en-us/movies/news/e ... uxbndlbing
‘Bohemian Rhapsody’ Spurs Profits Lawsuit From Screenwriter

Bohemian Rhapsody screenwriter Anthony McCarten says his Queen biopic, which grossed more than $900 million at the box office worldwide, is listed as losing $51 million on accounting statements issued by 20th Century Fox Film. He’s now suing the producers for breaching contract and demanding a court-supervised accounting review, plus further monetary damages.

Eventually, the movie did get made, and it was produced by Graham King’s GK Films, among others. The film would be nominated for best picture at the Academy Awards and seems to be one of the biggest 21st Century box office hits, and yet, at least according to this complaint, the parties never fleshed out the exact net profits definition here. As such, McCarten’s 5 percent backend stake remains of questionable value.

In Hollywood, money comes in, and fees and expenses are deducted, and there’s supposed to be contractual guidance on the exact accounting method about what gets counted. Often, there’s disputes over the accounting, but what McCarten’s complaint stresses is that despite a contractual obligation that GK Films negotiate the “standard definition” in “good faith,” that didn’t happen. Instead, Fox’s standard way of calculating profits was used.

“By this action, McCarten seeks to hold GK Films to the promise in the Writer’s Agreement,” states the complaint. “If GK Films had a standard definition on Bohemian Rhapsody, then he seeks the benefit of that definition (plus any customary gives, including via rider) relative to Fox’s off-the-rack definition. If GK Films had a standard definition on its other projects (e.g. Argo (2012); The Town (2010); or The Aviator (2004)), but not the Picture, then he seeks the benefit of that/those definition(s)…. And, if as McCarten suspects, GK Films never had a standard definition, then he seeks the benefit of the bargain in the form of 5 percent of any and all amounts GK Films has made on the Picture.”

Despite the fact that Fox distributed the movie and is issuing the accounting statements, the Disney division is not a defendant here. McCarten says his reps negotiated directly with in-house lawyers at GK Films, not Fox, and clearly there’s a strategy to direct the legal heat there (along with WGAW, Inc.).
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Re: General Law and Lawsuits

#138

Post by RTH10260 »

Justice Department to Pay About $130 Million to Parkland Shooting Victims
Family members of victims had sued over how the F.B.I. handled tips warning about the gunman before he killed 17 people at Marjory Stoneman Douglas High School.

By Patricia Mazzei and Katie Benner
Nov. 22, 2021

MIAMI — The Justice Department will pay about $130 million to 40 survivors and families of victims of the 2018 massacre at a high school in Parkland, Fla., over the F.B.I.’s failure to properly investigate two tips in the months before the shooting that suggested the gunman might open fire at a school.

One of the tips, six weeks before the shooting, detailed how the gunman, Nikolas Cruz, was posting on Instagram about amassing weapons and ammunition. “I know he’s going to explode,” the woman said on the F.B.I.’s tip line, adding that she feared Mr. Cruz, then 19, “was going to slip into a school and start shooting the place up.”



https://www.nytimes.com/2021/11/22/us/p ... ement.html
related to this older item
F.B.I. Was Warned of Florida Suspect’s Desire to Kill but Did Not Act

By Katie Benner, Patricia Mazzei and Adam Goldman
Feb. 16, 2018

The F.B.I. received a tip last month from someone close to Nikolas Cruz that he owned a gun and had talked of committing a school shooting, the bureau revealed Friday, but it acknowledged that it had failed to investigate.

The tipster, who called an F.B.I. hotline on Jan. 5, told the bureau that Mr. Cruz had a “desire to kill people, erratic behavior and disturbing social media posts,” the F.B.I. said.

The information should have been assessed and forwarded to the Miami F.B.I. field office, the bureau said. But that never happened. On Wednesday, Mr. Cruz, 19, killed 17 students and teachers at his former high school in Parkland, Fla., law enforcement officials said.

The tip about Mr. Cruz appeared to be the second in four months, after another person told the bureau about online comments from Mr. Cruz that he wanted to become “a professional school shooter.”

https://www.nytimes.com/2018/02/16/us/f ... oting.html
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Re: General Law and Lawsuits

#139

Post by keith »

Tiredretiredlawyer wrote: Thu Nov 18, 2021 1:39 pm https://www.msn.com/en-us/movies/news/e ... uxbndlbing
‘Bohemian Rhapsody’ Spurs Profits Lawsuit From Screenwriter

Bohemian Rhapsody screenwriter Anthony McCarten says his Queen biopic, which grossed more than $900 million at the box office worldwide, is listed as losing $51 million on accounting statements issued by 20th Century Fox Film. He’s now suing the producers for breaching contract and demanding a court-supervised accounting review, plus further monetary damages.

Eventually, the movie did get made, and it was produced by Graham King’s GK Films, among others. The film would be nominated for best picture at the Academy Awards and seems to be one of the biggest 21st Century box office hits, and yet, at least according to this complaint, the parties never fleshed out the exact net profits definition here. As such, McCarten’s 5 percent backend stake remains of questionable value.

In Hollywood, money comes in, and fees and expenses are deducted, and there’s supposed to be contractual guidance on the exact accounting method about what gets counted. Often, there’s disputes over the accounting, but what McCarten’s complaint stresses is that despite a contractual obligation that GK Films negotiate the “standard definition” in “good faith,” that didn’t happen. Instead, Fox’s standard way of calculating profits was used.

“By this action, McCarten seeks to hold GK Films to the promise in the Writer’s Agreement,” states the complaint. “If GK Films had a standard definition on Bohemian Rhapsody, then he seeks the benefit of that definition (plus any customary gives, including via rider) relative to Fox’s off-the-rack definition. If GK Films had a standard definition on its other projects (e.g. Argo (2012); The Town (2010); or The Aviator (2004)), but not the Picture, then he seeks the benefit of that/those definition(s)…. And, if as McCarten suspects, GK Films never had a standard definition, then he seeks the benefit of the bargain in the form of 5 percent of any and all amounts GK Films has made on the Picture.”

Despite the fact that Fox distributed the movie and is issuing the accounting statements, the Disney division is not a defendant here. McCarten says his reps negotiated directly with in-house lawyers at GK Films, not Fox, and clearly there’s a strategy to direct the legal heat there (along with WGAW, Inc.).
Disney is turning into quite a serial contract breaker. I understand that they have finally reached agreement with Alan Dean Foster and a couple of others to pay outstanding royalties, but there are still many others who have been stiffed by the inventive accounting practices, and the downright fraudulent denial of liability.

More info on Disney's behaviour here: Boom Studios Cited In #DisneyMustPay Legal Fight, Over Buffy Comics
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Re: General Law and Lawsuits

#140

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: General Law and Lawsuits

#141

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: General Law and Lawsuits

#142

Post by Foggy »

:shock:
Out from under. :thumbsup:
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Re: General Law and Lawsuits

#143

Post by raison de arizona »

GA election workers Ruby Freeman and Wandrea Moss sue the Gateway Pundit for pushing lies. Skip down to like paragraph 120 or so to see some of the fallout GP caused in their lives. Strangers literally showed up at her grandmother's house and tried to push their way in to execute "citizen arrests". More than once.
https://s3.documentcloud.org/documents/ ... -et-al.pdf
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Re: General Law and Lawsuits

#144

Post by pipistrelle »

spiduh wrote: Thu Dec 02, 2021 12:44 pm GA election workers Ruby Freeman and Wandrea Moss sue the Gateway Pundit for pushing lies. Skip down to like paragraph 120 or so to see some of the fallout GP caused in their lives. Strangers literally showed up at her grandmother's house and tried to push their way in to execute "citizen arrests". More than once.
https://s3.documentcloud.org/documents/ ... -et-al.pdf
Said it before and will say it again: Protesting at or near a public official’s house or house of a family member should be illegal. Set some boundaries like a one-mile limit. This is unconscionable.
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Re: General Law and Lawsuits

#145

Post by RTH10260 »

Federal judge blocks Texas law that would stop social media firms from banning users for a ‘viewpoint’

by: JAMES POLLARD, Texas Tribune
Posted: Dec 1, 2021 / 10:43 PM CST / Updated: Dec 2, 2021 / 06:54 PM CST

AUSTIN (Texas Tribune) — A federal judge on Wednesday blocked a Texas law that seeks to restrict how social media companies moderate their content and was championed by Republicans who say the platforms are biased against conservatives.

The law, signed by Gov. Greg Abbott on Sept. 9, would ban platforms with more than 50 million monthly users in the U.S. from removing a user over a “viewpoint” and require them to publicly report information about content removal and account suspensions. It was set to take effect Dec. 2.

In his ruling, U.S. District Judge Robert Pitman wrote that the First Amendment protects social media platforms’ right to moderate content and rejected the defendants’ argument that such companies are “common carriers.” Pitman also ruled that some aspects of the law were “prohibitively vague.”

“This Court is convinced that social media platforms, or at least those covered by [House Bill] 20, curate both users and content to convey a message about the type of community the platform seeks to foster and, as such, exercise editorial discretion over their platform’s content,” Pitman wrote.

NetChoice and the Computer and Communications Industry Association — two trade groups representing some of the biggest names in e-commerce and social media, including Google and Twitter — filed a suit to block the law in September.



https://www.kxan.com/news/texas-politic ... viewpoint/
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Re: General Law and Lawsuits

#146

Post by RTH10260 »

Ohio homeowner convicted of killing 2 teens he caught smoking pot in his garage
Victor Santana wanted to use the state’s new “stand your ground” defense, but a judge ruled that it couldn’t be applied retroactively to the shooting.

Dec. 4, 2021, 2:35 AM CET
By The Associated Press

DAYTON, Ohio — An Ohio man has been convicted in the fatal shooting of two teens he found smoking marijuana inside a vehicle in his garage.

Victor Santana, 65, of Dayton will be sentenced later this month after being convicted of murder and felonious assault on Thursday.

Santana shot the two 17-year-olds when he found them inside his detached garage late at night in August 2019, authorities said.

He wanted to use the state’s new "stand your ground" defense, but a judge ruled earlier this year that it couldn’t be applied retroactively to the killings of Devin Henderson and Javier Harrison.

His attorney, Lucas Wilder, said Santana saw them go through his front gate and was afraid they were going to come into his house so he got his gun and went outside to find them.



https://www.nbcnews.com/news/us-news/oh ... e-rcna7611
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Re: General Law and Lawsuits

#147

Post by Dave from down under »

“Got his gun.”
Rather than call 911…
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Re: General Law and Lawsuits

#148

Post by sugar magnolia »

Dave from down under wrote: Sat Dec 04, 2021 12:06 am “Got his gun.”
Rather than call 911…
And "went outside to find them" instead of staying inside.
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Re: General Law and Lawsuits

#149

Post by Dave from down under »

Obviously hunting season
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Re: General Law and Lawsuits

#150

Post by northland10 »

raison de arizona wrote: Thu Sep 23, 2021 4:57 pm Spicey and Vought file suit over their dismal dismissal!
:snippity:
President Biden has no statutory authority to terminate Mr. Spicer’s and Mr. Vought’s appointments to the Board. The statute governing the Board provides for staggered threeyear terms, and it makes no provision or allowance for at-will presidential removal based on political affiliation or otherwise. See Wiener v. United States, 357 U.S. 349 (1958); Humphrey’s Executor v. United States, 295 U.S. 602, 623–24 (1935); In re Hennen, 38 U.S. 230, 260 (1839).
32. President Biden has no constitutional authority under Article II to terminate Mr. Spicer’s and Mr. Vought’s appointments to the Board because it is a purely advisory nonpartisan entity that does not wield any executive power. See Humphrey’s Executor, 295 U.S. 602; Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183, 2199–2200 (2020).
33. President Biden’s threatened terminations of Mr. Spicer and Mr. Vought are therefore ultra vires, unlawful, violate plaintiffs’ due process rights, and should be enjoined.
34. Mr. Spicer and Mr. Vought bring their claims for relief under, inter alia, 5 U.S.C. § 704, 28 U.S.C. § 2201, and Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 689– 91 (1949).
DEMAND FOR RELIEF
35. Mr. Spicer and Mr. Vought respectfully request the following relief:
a. A declaration that defendants lack authority to terminate Mr. Spicer’s and Mr. Vought’s appointments to the Board.
b. An order holding unlawful and setting aside any action that terminates or threatens to terminate Mr. Spicer’s and Mr. Vought’s appointments.
c. A temporary restraining order and preliminary and permanent injunctions preventing defendants from removing Mr. Spicer and Mr. Vought from the Board and restoring their appointments to the Board if the President purports to remove them before this Court has the opportunity to act.
d. An award of their costs and attorneys’ fees.
e. Such other and further relief the Court deems just, proper, or equitable.
https://storage.courtlistener.com/recap ... 57.1.0.pdf
In November, they filed for a preliminary injunction. It was denied by one of those conservative hating ultra-liberal judges appointed by, Trump (Dabney L. Friedrich)

https://ecf.dcd.uscourts.gov/cgi-bin/sh ... 21cv2493-9

Executive summary: They have standing but they will fail on the merits. Among other things, Parsons v. United States is controlling, and therefore, the term-of-office provisions do not limit the president's power to remove. She also points out that the board's only purpose is to advise the president so she is not clear on how not being able to do that is personally injurious or subverts the public interest.
Nor do they explain how it would serve the public interest to present advice to the President—the primary function of the Board, see 10 U.S.C. § 8468(f)—that the President does not intend to consider
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