General Law and Lawsuits

[bob]

Executive summary: Twombly, Iqbal; you are free to believe the Derp State compelled the social-media companies to bane you, but the courts are not obligated to indulge your fantasies.

[W. Kevin Vicklund]

Also, reference to JRFK Jr's identical failsuit.

edit: wrong Kennedy

[Kriselda Gray]

Yeeted?

[bob]

Yeeted?

Cambridge(!) dictionary:

to throw something with a lot of force

(It is the slang of the Yoots.)

[Kriselda Gray]

Gotcha. Thanks!

[AndyinPA]

https://www.theguardian.com/us-news/202 ... ck-lawsuit

The family of Kathie McCormack Durst, the first wife of the late disgraced real estate heir Robert Durst, have filed a wrongful death lawsuit against his second wife.

New York officials charged Durst with the murder of his first wife last year, nearly 40 years after she disappeared under mysterious circumstances. But his death in a California prison, where he was serving a life sentence for the murder of his friend, brought the case to a halt.

In a lawsuit filed on Monday, the McCormack family alleges that Debrah Lee Charatan, Durst’s second wife who stands to collect millions from his estate, helped him avoid justice for years in connection with McCormack’s death and two other killings.

Charatan is believed to be the sole or primary beneficiary of a trust worth tens of millions of dollars and is now the nominated executor of Durst’s estate, said Robert Abrams, a lawyer for the McCormack family.

[RTH10260]

Victim's Rape Kit Helped Identify Her as a Suspect in Another Case, DA Says
Azi Paybarah
Wed, February 16, 2022, 2:11 PM·4 min read

DNA samples collected from victims of sexual assault are being used by the San Francisco Police Department to identify them as possible suspects in other crimes, the San Francisco district attorney charged this week, adding that he would encourage legislation to ban the practice.

The victims of sexual assault whose DNA samples are used in this way “are being treated like criminals,” the district attorney, Chesa Boudin, said in a statement Monday. “This practice treats victims like evidence, not human beings. This is legally and ethically wrong.”

Aides to Boudin said the office learned of the practice last week when the Police Department identified a woman who was recently arrested on a felony property crime charge based on DNA samples that she had given earlier when she reported that she had been sexually assaulted. Her DNA had been collected by investigators in order to identify her attacker.

On Tuesday, the district attorney’s aides said that the recent use of the DNA material in this manner would affect the case against the woman, but they declined to elaborate.

The practice of using DNA from a rape kit to possibly identify the victim as a potential suspect in another matter is apparently widespread, according to Kate Chatfield, chief of staff to Boudin, who survived a recall effort last year in a test of the public’s willingness to support progressive district attorneys amid headlines of rising crime. She said that using DNA from rape kits in this way might date back to 2015, when crime databases in the region were revamped.

After speaking with the director of the San Francisco Police Department’s crime lab, Chatfield concluded: “This is a standard operating procedure in the field. So we don’t think that this practice is necessarily limited to San Francisco.”

Chief William Scott of the San Francisco Police Department said in a statement Monday that although he had been told that the suspect in the case in question had not been identified through a rape kit, “the questions raised by our district attorney today are sufficiently concerning” that he had asked his staff to look into the matter.

“If it’s true that DNA collected from a rape or sexual assault victim has been used by SFPD to identify and apprehend that person as a suspect in another crime, I’m committed to ending the practice,” Scott said. He also said, “We must never create disincentives for crime victims to cooperate with police.”




https://www.yahoo.com/news/victims-rape ... 34983.html

[RTH10260]

UC Berkeley may be forced by court to cut 3,000 undergraduate seats, freeze enrollment
Teresa Watanabe
Mon, February 14, 2022, 11:59 PM·7 min read

UC Berkeley, one of the nation's most highly sought after campuses, may be forced to slash its incoming fall 2022 class by one-third, or 3,050 seats, and forgo $57 million in lost tuition under a recent court order to freeze enrollment, the university announced this week.

The university's projected reduction in freshmen and transfer students came in response to a ruling last August by an Alameda County Superior Court judge who ordered an enrollment freeze and upheld a Berkeley neighborhood group's lawsuit that challenged the environmental impact of the university's expansion plan. Many neighbors are upset by the impact of enrollment growth on traffic, noise, housing prices and the natural environment.

The University of California Board of Regents appealed the ruling and asked that the order to freeze enrollment be stayed while the appellate process proceeds. Last week, an appellate court denied that request. The regents on Monday appealed that judgment to the California Supreme Court.

"This court-mandated decrease in enrollment would be a tragic outcome for thousands of students who have worked incredibly hard to gain admission to Berkeley," UC Berkeley said in a statement. "If left intact, the court’s unprecedented decision would have a devastating impact on prospective students, university admissions, campus operations, and UC Berkeley’s ability to serve California students by meeting the enrollment targets set by the state of California."

The campus said the loss of $57 million in tuition revenue would reduce available financial aid, squeeze campus operations and possibly limit class offerings.

Phil Bokovoy, president of Save Berkeley’s Neighborhoods, which filed the lawsuit, blamed the crisis on the university, saying the campus has failed to build enough housing to accommodate its growing student population. He added that UC Berkeley could manage the court-ordered enrollment freeze without hurting California students by reducing admission offers to international and out-of-state students.

"It's irresponsible for Berkeley to add 3,000 new students in the midst of a terrible housing crisis," Bokovoy said.

The furor has left 150,000 first-year applicants to UC Berkeley in the lurch, just a month before the campus is scheduled to send out admission offers. At Downtown Magnets High School in Los Angeles, several students said they were shocked Monday evening when they received an email from Berkeley alerting them about the potential for reduced admissions.



https://news.yahoo.com/uc-berkeley-may- ... 14757.html

[RTH10260]

[AndyinPA]

I'd say that's unbelievable, but, sadly, it's not.

[raison de arizona]

[AndyinPA]

https://whyy.org/articles/brandon-bosti ... erailment/

The jury has found former Amtrak engineer Brandon Bostian not guilty on all charges resulting from his role in a deadly 2015 train derailment.

The eight women and four men deliberated for less than 90 minutes before coming to their verdict Friday afternoon. Earlier in the day, the jury panel had to start deliberations over, after one juror dropped out due to a death in the family.

Bostian’s acquittal is the most recent chapter in a long saga to assign blame for what happened when Amtrak 188 jumped the rails near Frankford Junction, just after 9:20 p.m. on May 12. Eight people died, and 185 were rushed to the hospital.

[raison de arizona]

Three years ago two cops sued me over a story I wrote about a rape case in Alabama. Today a federal judge threw it out and said my story was true and my only agenda was to influence systemic change:

► Show Spoiler

[raison de arizona]

Popehat weighed in...

[MN-Skeptic]

Free chocolate? That's something I'd never complain about!

[W. Kevin Vicklund]

Despite the claims in the complaint , https://dickatyourdoor.com/ is still going strong.

[raison de arizona]

Despite the claims in the complaint , https://dickatyourdoor.com/ is still going strong.

Is her address in the complaint? Because, uh, I'd like to send her something.

[W. Kevin Vicklund]

Despite the claims in the complaint , https://dickatyourdoor.com/ is still going strong.

Is her address in the complaint? Because, uh, I'd like to send her something.

No, but you could send one to her lawyer, Dick Francis.

[RTH10260]

Has the statute of limitation run out or can the girls and guys from Malheur still sue over the gummi bear lookalikes that disturbed their peace and peaceful protest in the wintery landscapes among the sage brushes

[Slim Cognito]

I may need to order some chocolate.

[Tiredretiredlawyer]

There appears to be a possible design flaw in the uh, er, product sent. The chocolate phallus is only 5 inches in height(?) length(?).
This might be contributing to her distress.

[qbawl]

There appears to be a possible design flaw in the uh, er, product sent. The chocolate phallus is only 5 inches in height(?) length(?).
This might be contributing to her distress.

Now, now as my old grandpappy used to say, "it's not the size of the tool that matters it's whether you know how to use it!"

[Tiredretiredlawyer]

qbawl sez: Now, now as my old grandpappy used to say, "it's not the size of the tool that matters it's whether you know how to use it!"

Tell that to the incels.

[northland10]

Was she more offended that was not a white chocolate thing?

Frater, where is that door, again?

[Foggy]

Off Topic

THERE IS NO EXIT FROM THE FOGBOW.