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RTH10260
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#626

Post by RTH10260 »

Judge slashes damages awarded in deadly Charlotteville rally

DENISE LAVOIE
Wed, January 4, 2023 at 10:08 PM GMT+1

RICHMOND, Va. (AP) — A federal judge has slashed millions of dollars from the damages a jury ordered white nationalist leaders and organizations to pay for their role in the violence that erupted during the deadly “Unite the Right” rally in Charlottesville in 2017.

U.S. District Judge Norman Moon ordered the $24 million in punitive damages reduced to $350,000, the cap imposed under a Virginia law. Moon upheld the $2 million in compensatory damages awarded by the jury in November 2021.

The reduction in damages was expected because of the 1988 state law, which says that juries should not be told about the cap, but if a jury awards more than $350,000 in punitive damages, the judge must reduce the award.

Moon's ruling also affirmed the jury's central finding that the defendants — including some of the most well-known white nationalists in the country — were liable under a state conspiracy law for planning and participating in the rally.

The lawsuit was filed by nine people who alleged they were physically injured, emotionally scarred — or both — by the violence that erupted in August 2017, when hundreds of white supremacists traveled to Charlottesville, ostensibly to protest city plans to remove a statue of Confederate Gen. Robert E. Lee.

During a march on the University of Virginia campus on Aug. 11, white nationalists chanted “Jews will not replace us,” surrounded counter-protesters and threw tiki torches at them. The following day, James Alex Fields Jr., an avowed Hitler admirer, intentionally drove his car into a crowd of counter-protesters, killing 32-year-old Heather Heyer and injuring many others.



https://www.yahoo.com/news/judge-slashe ... 00997.html
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#627

Post by Tiredretiredlawyer »

https://www.upi.com/Entertainment_News/ ... 672891753/
'Romeo and Juliet' stars sue Paramount for child abuse over 1968 nude scene

The teen stars of Romeo and Juliet are suing Paramount Pictures for $500 million for sexual abuse, more than 50 years after the film was released.

Actors Olivia Hussey and Leonard Whiting, who were 15 and 16-years-old when the film was produced in 1968, claim director Franco Zeffirelli "secretly" filmed them nude or partially nude, despite assurances there would be no nudity in the film, according to court documents.

Hussey, 71, played Juliet and Whiting, 72, played Romeo in the Academy award-winning adaptation. In the lawsuit, filed last week in Los Angeles County Superior Court, the actors accuse Paramount of sexual abuse, sexual exploitation, distributing nude images of adolescent children and fraud.

Hussey and Whiting are seeking punitive damages of $100 million, but could receive damages of more than $500 million to match what the film has earned since 1968, according to the actors' attorney Solomon Gresen.

"Paramount continues to display and profit from these images of nude minor children," said Gresen. "They surely know better. Time should be up."

Paramount has not made a statement. Zeffirelli died in 2019 and is not named as a defendant in the suit.
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#628

Post by Tiredretiredlawyer »

https://www.thefire.org/news/irvington- ... ot-collect
Irvington Township, NJ’s response to public records requests: Go to jail, do not pass go, do not collect $200
by Adam Steinbaugh January 5, 2023


As an attorney at FIRE, I send a lot of public records requests. Last year, I tallied about 750. Two of them went to Irvington Township, New Jersey — and now Harold Wiener, its municipal clerk, is calling for my prosecution.

Why?

Because I asked for records about the last time Irvington Township tried to use the legal system to deter people from asking for public records — and then complained when Irvington blew me off.

Irvington Township may sound familiar because of the embarrassing national and international headlines it earned last year when it sued an elderly resident, Elouise McDaniel, for sending 75 such requests in three years — as NJ.com noted, that “comes out to one every two weeks.” McDaniel, a retired teacher and local political activist, requested things like job descriptions of township officials, the costs officials incurred to attend conferences, and copies of township resolutions.

Wiener and Irvington Township’s lawsuit against McDaniel claimed she had sent “frivolous” letters complaining about Irvington to the U.S. Senate, and that she “bullied and annoyed” city officials. It also claimed she had defamed the mayor and unidentified municipal employees. How? Irvington refused to say, telling the court it could only provide allegations “under seal to safeguard the identity” and “reputation” of — well, it’s a secret.

Before the lawsuit landed Irvington in the media spotlight, the township — and mayor Anthony Vauss — retained another law firm to discourage critical media attention. That firm sent a “CONFIDENTIAL” letter to a journalist at NBC New York, Christopher Glorioso. This second firm accused Glorioso of “biased and harassing journalism” and demanded that he cease “assist[ing] Elouise McDaniel, a well-known political operative and adversary” of Mayor Vauss.

That effort to intimidate Glorioso failed: NBC New York published the story and showed part of the township’s cease-and-desist letter. And when confronted by the media, nobody associated with the township wanted to claim responsibility. Mayor Vauss reportedly told the NBC reporters “he had not seen or read the lawsuit and didn’t know the details of why Irvington filed it,” pointing the finger at Wiener — who, in turn, said he “hadn’t requested a lawsuit against” McDaniel.

After Irvington was pilloried for its bogus lawsuit, it sheepishly dropped it, citing a desire to avoid legal fees.

I sent Wiener a public records request of my own, asking for the township’s retainer agreements and invoices, as well as the cease-and-desist letter sent to NBC New York. Mayor Vauss, after all, pledged, “We don’t want people to think we don’t want them to request information. We’re not trying to stop anyone from getting information.”

Irvington blew that request off, so I filed a complaint with New Jersey’s Government Records Council — an alternative to filing a lawsuit against the city. That complaint was sent under penalty of perjury. So was Wiener’s response, which required him to describe the specific steps Irvington took to locate the requested records. But Wiener’s list — again, of every effort Irvington made to search for records — only listed an email a staff member sent me. This suggests that Irvington didn’t even bother to look for responsive records.

So I sent a second public records request, this one asking for records of their search for records. Once again, Irvington blew it off — and, once again, I filed a complaint.

Wiener’s response to the second complaint went nuclear, demanding that I be prosecuted:
[New Jersey’s] Open Public Records Act requires that “government records be readily accessible for inspection . . . by citizens of this State . . .” (emphasis added). The Complainant (“Requestor”) has certified by penalty of perjury that he or she is a resident of the State of Pennsylvania. Therefore, the Open Public Records Act does not apply to Requestor and access could not have been denied to Requestor.

Accordingly, the instant Complaint and all future Complaints filed by the Requestor must be dismissed on their face and/or Requestor’s perjury must be reported to law enforcement for prosecution under [New Jersey’s perjury statute]. The Township should also be absolved from responding to any of Requestor’s OPRA requests.
Wiener’s grand theory, as I understand it, is that I — by submitting a public records request, or a complaint to the GRC — am implicitly asserting that I am a citizen of New Jersey, which I am not. And, according to Wiener, only New Jersey citizens can file public records requests.

But that is not the law.

A handful of states, like Virginia and Tennessee, do limit their public records laws to citizens of the state, a practice upheld by the Supreme Court in McBurney v. Young. But New Jersey is not one of those states: Its courts rejected the argument that the “citizens of this state” language cited by Irvington means that only New Jersey citizens can request public records. The GRC then ruled that the New Jersey courts “laid to rest” the question. And New Jersey’s attorney general agrees.

One might query whether Irvington’s leaders know or care what the law is. As one of the longest-serving municipal clerks in New Jersey, Wiener’s knowledge of the law is said to be “unsurpassed.” Irvington Township — when it’s not blowing off public records requests or being held in contempt for failing to comply with the law — views the legal system as a cudgel to punish or intimidate people who send them a public records request. Demanding that a public records requestor be criminally prosecuted is unusually bold.

But it won’t intimidate me. If Harold Wiener thinks it’s a crime to send him a public records request, he can call 911.

And then I’ll send a public records request for the 911 call audio. :popcorn:
"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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#629

Post by RTH10260 »

Essentially the expierience that many 1st Amendment Auditors find when they follow up the paper trail of their visit to a local agency.
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#630

Post by Tiredretiredlawyer »

The Township's mistake is rejecting a request from a lawyer for a publishing entity. Those lawyers live for rejection and exposition.
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#631

Post by noblepa »

Tiredretiredlawyer wrote: Fri Jan 06, 2023 9:54 am The Township's mistake is rejecting a request from a lawyer for a publishing entity. Those lawyers live for rejection and exposition.
Yeah, the old adage used to be "Don't pick a fight with someone who buys ink by the barrel". I'm not sure what the proper version of that is for the electronic age, but the principle still holds true.
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#632

Post by noblepa »

RTH10260 wrote: Thu Jan 05, 2023 10:50 pm Essentially the expierience that many 1st Amendment Auditors find when they follow up the paper trail of their visit to a local agency.
The difference is that many so-called 1st Amendment Auditors are just trying to harass public workers. They ask for records that don't exist or that are specifically excluded from FOIA request. They often stand in the lobby of a public building, disrupting normal business and loudly demanding that some judge or other official come to the lobby immediately and provide the information they are asking for. They harass the poor receptionist or clerk, demanding their name and title. They insist on entry to non-public areas of city buildings. All this is done while recording their actions on video.

I have never heard of anyone calling him/herself a "1st Amendment Auditor" who wasn't a complete jackass, who refused to follow proper procedures for requesting information.

This reporter followed all the proper procedures and made reasonable requests for public records.
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#633

Post by RTH10260 »

Seattle schools sue tech giants over social media harm

GENE JOHNSON
Sun, January 8, 2023 at 3:13 AM GMT+1

SEATTLE (AP) — The public school district in Seattle has filed a novel lawsuit against the tech giants behind TikTok, Instagram, Facebook, YouTube and Snapchat, seeking to hold them accountable for the mental health crisis among youth.

Seattle Public Schools filed the lawsuit Friday in U.S. District Court. The 91-page complaint says the social media companies have created a public nuisance by targeting their products to children.

It blames them for worsening mental health and behavioral disorders including anxiety, depression, disordered eating and cyberbullying; making it more difficult to educate students; and forcing schools to take steps such as hiring additional mental health professionals, developing lesson plans about the effects of social media, and providing additional training to teachers.

“Defendants have successfully exploited the vulnerable brains of youth, hooking tens of millions of students across the country into positive feedback loops of excessive use and abuse of Defendants’ social media platforms,” the complaint said. “Worse, the content Defendants curate and direct to youth is too often harmful and exploitive ....”




https://news.yahoo.com/seattle-schools- ... 55663.html
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#634

Post by RTH10260 »

Oxford School district seeks to dismiss lawsuit that holds them accountable for the Nov. 30 school shooting

By: Kiara Hay
Posted at 5:51 AM, Jan 05, 2023 and last updated 7:59 PM, Jan 05, 2023

(WXYZ) — The Oxford School district is once again asking for a judge to dismiss a lawsuit that seeks to hold the district and staff members accountable for the November 30th shooting that killed four students and left several others hurt.

Andrea Smalt has a child that attends Oxford. She is one of the parents suing the school and staff members in state and federal court.

"We want to change policies and procedures so this doesn't happen again. Not just for our kids that are currently in the school but for the kids that follow after them," she said.

"It's how we get answers because as of yet we have not," another parent adds.

But those answers may be delayed. Right now, Oxford School attorneys claim the blame for the killings starts and stops with the Crumbleys. In their filing, they state that the lawsuit is without legal merit because the tragedy falls on the shooter who pled guilty. They add that claims of negligence do not negate governmental immunity.



https://www.wxyz.com/news/oxford-school ... l-shooting
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#635

Post by RTH10260 »

Jen Psaki deposition stopped by appeals court in social media censorship case

Zach Schonfeld
Fri, January 6, 2023 at 6:00 PM GMT+1

A federal appeals court on Thursday blocked two GOP-led states’ attempt to secure former White House press secretary Jen Psaki’s testimony in their lawsuit claiming the Biden administration unlawfully pressured social media companies into taking down content.

A three-judge panel on the 5th Circuit Court of Appeals overturned a lower court’s ruling authorizing Psaki’s deposition in the case, determining that her testimony did not merit the “extraordinary circumstances” needed to proceed with depositions of current or former high-ranking government officials.

Missouri and Louisiana’s attorneys general and a group of private individuals filed the lawsuit in May, accusing the Biden administration of effectively censoring content related to the pandemic, elections and the Hunter Biden laptop story by pressuring social media companies.

The two states had argued they needed Psaki’s deposition to explore the basis for various public statements she made about the Biden administration’s conversations with social media companies and misinformation.




https://www.yahoo.com/news/jen-psaki-de ... 29323.html
(original: The Hill)
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#636

Post by raison de arizona »

Seattle's schools are suing tech giants for harming young people's mental health

The public school district in Seattle has filed a novel lawsuit against the tech giants behind TikTok, Instagram, Facebook, YouTube and Snapchat, seeking to hold them accountable for the mental health crisis among youth.

Seattle Public Schools filed the lawsuit Friday in U.S. District Court. The 91-page complaint says the social media companies have created a public nuisance by targeting their products to children.

It blames them for worsening mental health and behavioral disorders including anxiety, depression, disordered eating and cyberbullying; making it more difficult to educate students; and forcing schools to take steps such as hiring additional mental health professionals, developing lesson plans about the effects of social media, and providing additional training to teachers.

"Defendants have successfully exploited the vulnerable brains of youth, hooking tens of millions of students across the country into positive feedback loops of excessive use and abuse of Defendants' social media platforms," the complaint said. "Worse, the content Defendants curate and direct to youth is too often harmful and exploitive ...."
:snippity:
https://www.npr.org/2023/01/08/11477354 ... tal-health
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#637

Post by RTH10260 »

Maryland student to face no charges after bringing handgun, ammunition to school

Lauren Sforza
Fri, January 6, 2023 at 7:39 PM GMT+1

A student who was found with a handgun and a magazine of ammunition at MacArthur Middle School in Anne Arundel County, Md., will not face charges under a new Maryland law.

The school’s principal sent a letter to parents Thursday, explaining that officials found the student with a handgun and ammunition inside their fanny pack, according to CBS News Baltimore.

Police said Friday no charges will be brought against the student under a new law that was enacted last year that limited the circumstances for which a child under 13 years old can be prosecuted.

“The bill generally establishes that a child younger than age 13 is not subject to the jurisdiction of the juvenile court for purposes of a delinquency proceeding and may not be charged with a crime,” the Juvenile Justice Reform bill reads. “However, the juvenile court has jurisdiction over a child who is at least age 10 who is alleged to have committed a crime of violence.”

Principal Eugene Whiting assured parents in the letter that the school will take “swift and appropriate action” regarding the student, according to CBS. Whiting said that there was no evidence that the student threatened anyone with the gun and urged the parents to talk to their children about staying safe in school.

“I urge you to talk to your student this evening and emphasize that our school must be a safe place for learning,” he wrote in the letter. “Please reinforce with them the need to tell a responsible adult immediately if they are aware of any danger.”




https://www.yahoo.com/news/maryland-stu ... 55860.html
(original The Hill)
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#638

Post by raison de arizona »

”I urge you to talk to your student this evening and emphasize that our school must be a safe place for learning,” he wrote in the letter. “Please reinforce with them the need to tell a responsible adult immediately if they are aware of any danger.”
Where do they think he got the gun and ammo from? I’m sure that will do a lot of good.
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#639

Post by W. Kevin Vicklund »

raison de arizona wrote: Mon Jan 09, 2023 11:18 pm
”I urge you to talk to your student this evening and emphasize that our school must be a safe place for learning,” he wrote in the letter. “Please reinforce with them the need to tell a responsible adult immediately if they are aware of any danger.”
Where do they think he got the gun and ammo from? I’m sure that will do a lot of good.
The letter was directed to all parents. Poor journalism leads to confusion.
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#640

Post by Dave from down under »

What’s the bet that the “responsible” gun owner wasn’t charged with unsafe weapon and ammunition storage?
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#641

Post by Suranis »

Well, we can infer that the trigger was modified to be easy to pull, as a 6 year old should not be able to pull a trigger on their strenght alone.
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#642

Post by RTH10260 »

Suranis wrote: Tue Jan 10, 2023 7:44 am Well, we can infer that the trigger was modified to be easy to pull, as a 6 year old should not be able to pull a trigger on their strenght alone.
I wonder if the shot went off while the teacher attempted to wrestle the gun from the kid. The news item mentioned the shot going thru a hand before hitting her in the stomach region.
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#643

Post by Suranis »

RTH10260 wrote: Tue Jan 10, 2023 8:22 am I wonder if the shot went off while the teacher attempted to wrestle the gun from the kid. The news item mentioned the shot going thru a hand before hitting her in the stomach region.
Thats plausible too.

We know so little about what actually happened that its dangerous to draw conclusions I guess. But at least the teachers blood will water the tree of liberty, amiright?
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#644

Post by RTH10260 »

Judges vacate $5M Geico payout to woman who got HPV in car

Tue, January 10, 2023 at 11:01 PM GMT+1

JEFFERSON CITY, Mo. (AP) — Geico is off the hook, at least for now, from paying a Missouri woman $5.2 million because she said she contracted a sexually transmitted disease in the car of a man who is insured by the company.

The Missouri Supreme Court on Tuesday ruled unanimously to overturn a lower court’s ruling that favored paying the woman. Instead, the state Supreme Court judges said Maryland-based Geico should have had a chance to weigh in sooner and sent the case back to the lower court for further deliberation.

According to court documents, the woman, identified as M.O., and a man, who were in a relationship, had sex in the man’s car. She contends she contracted HPV, human papillomavirus, because the man did not tell her he had the disease. HPV can cause cervical cancer, certain other cancers and genital warts.

In February 2021, M.O. notified Geico she planned to seek a $1 million insurance settlement against the man. She argued the man’s auto insurance provided coverage for her injuries and losses.

The insurance company refused the settlement, saying the woman’s claim did not occur because of normal use of the vehicle, according to court documents.

An arbitrator eventually determined she should be awarded $5.2 million for damages and her injuries. Geico sought to intervene in the case but was denied by an appeals court.





https://www.yahoo.com/news/judges-vacat ... 49642.html
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#645

Post by Tiredretiredlawyer »

RTH: I wonder if the shot went off while the teacher attempted to wrestle the gun from the kid. The news item mentioned the shot going thru a hand before hitting her in the stomach region.and
No. At a news conference today, the Chief of Police said the teacher was shot when the 6 year old pulled the gun out of his backpack, pointed the gun at her while she was teaching, then pulled the trigger. She held up her hand in front of her shoulder area and the bullet went through her hand and through her shoulder.

There is a video of that press conference somewherz on the Fogbow.
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#646

Post by Dave from down under »

https://www.abc.net.au/news/2023-01-10/ ... /101840370

It was too soon to determine whether the boy's parents would be charged for failing to secure the weapon, which the boy's mother had bought legally, Chief Drew said.

The boy had taken the 9-millimetre Taurus handgun from home, placed it in his backpack and removed it while Ms Zwerner was teaching class, Chief Drew said, pointing it and firing once.

Ms Zwerner — who took a defensive posture — was shot through the hand and into her chest.

After the shot, another woman who works at the school rushed into the classroom and held the boy down while Ms Zwerner escorted about 20 students out, Chief Drew said.

When police arrived, they found the gun on the floor.

:snippity:

Newport News Public Schools Superintendent George Parker told reporters the school was unprepared for a 6-year-old bringing a gun to school and firing it.

He said it was the third time since 1970 a child aged six or younger had discharged a weapon at a US school.

Until now, security measures focused on using metal detectors at high schools and drilling for active-shooter situations at all levels.

"I hate to be at this point where I'm considering this … It may warrant us to reconsider metal detectors at all of our buildings," Mr Parker said.
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#647

Post by raison de arizona »

Interesting read
:snippity:
Mr. Barclay and DBPC did was an affront to the administration of justice and
highly detrimental to the Debtors. After
Mr. Barclay’s malfeasance was discovered, the
United States Trustee (the “UST”) commenced this Adversary Proceeding against the
Defendants and asserted claims for: (1) violations of Fed. R. Bank. P. 1008 and 9011; (2)
violations of Section 526(a)(2); (3) violations of Sections 526(a)(1) and (a)(3); (4)
violations of Section 528; and
(5) violations of professional duties. The Defendants
initially filed a deficient answer to the complaint, then answered the complaint (admitting
most of the factual allegations), then
withdrew their answer and defaulted. The
Defendants failed to participate
in pre-trial proceedings and
skipped the trial. They
offered no evidence or defense.
Thus, all of the factual allegations asserted by the UST
have been deemed admitted.
:snippity:
https://www.dropbox.com/s/ebm0o3z4i3ufh ... n.pdf?dl=0
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#648

Post by humblescribe »

RTH10260 wrote: Tue Jan 10, 2023 8:15 pm
Judges vacate $5M Geico payout to woman who got HPV in car

Tue, January 10, 2023 at 11:01 PM GMT+1

JEFFERSON CITY, Mo. (AP) — Geico is off the hook, at least for now, from paying a Missouri woman $5.2 million because she said she contracted a sexually transmitted disease in the car of a man who is insured by the company.

The Missouri Supreme Court on Tuesday ruled unanimously to overturn a lower court’s ruling that favored paying the woman. Instead, the state Supreme Court judges said Maryland-based Geico should have had a chance to weigh in sooner and sent the case back to the lower court for further deliberation.

According to court documents, the woman, identified as M.O., and a man, who were in a relationship, had sex in the man’s car. She contends she contracted HPV, human papillomavirus, because the man did not tell her he had the disease. HPV can cause cervical cancer, certain other cancers and genital warts.

In February 2021, M.O. notified Geico she planned to seek a $1 million insurance settlement against the man. She argued the man’s auto insurance provided coverage for her injuries and losses.

The insurance company refused the settlement, saying the woman’s claim did not occur because of normal use of the vehicle, according to court documents.

An arbitrator eventually determined she should be awarded $5.2 million for damages and her injuries. Geico sought to intervene in the case but was denied by an appeals court.





https://www.yahoo.com/news/judges-vacat ... 49642.html
I would disagree that her claim did not occur because "of normal use of the vehicle." Vehicles serve many purposes besides locomotion. :boxing: :bag:
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#649

Post by sugar magnolia »

humblescribe wrote: Wed Jan 11, 2023 5:10 pm
RTH10260 wrote: Tue Jan 10, 2023 8:15 pm
Judges vacate $5M Geico payout to woman who got HPV in car

Tue, January 10, 2023 at 11:01 PM GMT+1

JEFFERSON CITY, Mo. (AP) — Geico is off the hook, at least for now, from paying a Missouri woman $5.2 million because she said she contracted a sexually transmitted disease in the car of a man who is insured by the company.

The Missouri Supreme Court on Tuesday ruled unanimously to overturn a lower court’s ruling that favored paying the woman. Instead, the state Supreme Court judges said Maryland-based Geico should have had a chance to weigh in sooner and sent the case back to the lower court for further deliberation.

According to court documents, the woman, identified as M.O., and a man, who were in a relationship, had sex in the man’s car. She contends she contracted HPV, human papillomavirus, because the man did not tell her he had the disease. HPV can cause cervical cancer, certain other cancers and genital warts.

In February 2021, M.O. notified Geico she planned to seek a $1 million insurance settlement against the man. She argued the man’s auto insurance provided coverage for her injuries and losses.

The insurance company refused the settlement, saying the woman’s claim did not occur because of normal use of the vehicle, according to court documents.

An arbitrator eventually determined she should be awarded $5.2 million for damages and her injuries. Geico sought to intervene in the case but was denied by an appeals court.





https://www.yahoo.com/news/judges-vacat ... 49642.html
I would disagree that her claim did not occur because "of normal use of the vehicle." Vehicles serve many purposes besides locomotion. :boxing: :bag:
You gotta swing your hips now
Come on baby, jump up, jump back
Well, I think you got the knack, ohh
Now that you can do it, let's make a chain now
(Come on baby do the locomotion)
Chug-a chug-a motion like a railway train now
(Come on baby do the locomotion)
Do it nice and easy now don't lose control
A little bit of rhythm and a lot of soul
So come on, come on, do the locomotion with me
humblescribe
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"Some cause happiness wherever they go; others whenever they go." O. Wilde
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