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General Law and Lawsuits

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Re: General Law and Lawsuits

#426

Post by Foggy »

The plaintiff mailed a letter to Central Intelligence Agency (CIA) Office of Public Affairs while he was working for Win Kelly Buick Pontiac GMC in Clarksville, Maryland and the plaintiff also received an email from george10@ucia.gov about a plaintiff's inquiry about the role of CIA in building the Panama Canal.
But did plaintiff take the very last train to Clarksville?

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Re: General Law and Lawsuits

#427

Post by Tiredretiredlawyer »

KO - You are AMAZING! Reading and reporting on an individual who is leagues above, or is that ahead of, GIL!!! What a discovery!!!! :clap:
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Re: General Law and Lawsuits

#428

Post by RTH10260 »

Girl who killed accused rapist must pay his family $150,000
Human trafficking victim gets probation with risk of 20 years’ prison for manslaughter, with judge saying ‘no other option’ than to impose restitution

Associated Press
Wed 14 Sep 2022 06.38 BST

A teenage human trafficking victim who was initially charged with first-degree murder after she stabbed her accused rapist to death was sentenced on Tuesday in an Iowa court to five years of closely supervised probation and ordered to pay $150,000 restitution to the man’s family.

Pieper Lewis, 17, pleaded guilty to manslaughter and wilful injury in the June 2020 killing of 37-year-old Zachary Brooks of Des Moines. Both charges were punishable by up to 10 years in prison.

Polk County District judge David M Porter on Tuesday deferred those prison sentences, meaning that if Lewis violates any portion of her probation, she could be sent to prison to serve that 20-year term.

As for being required to pay the estate of her rapist, “this court is presented with no other option”, Porter said, noting the restitution is mandatory under Iowa law that has been upheld by the Iowa supreme court.

Lewis was 15 when she stabbed Brooks more than 30 times in a Des Moines apartment. Officials have said Lewis was a runaway who was seeking to escape an abusive life with her adopted mother and was sleeping in the hallways of a Des Moines apartment building when a 28-year-old man took her in before forcibly trafficking her to other men for sex.

Lewis said one of those men was Brooks and that he had raped her multiple times in the weeks before his death. She recounted being forced at knifepoint by the 28-year-old man to go with Brooks to his apartment for sex. She told officials that after Brooks had raped her yet again, she grabbed a knife from a bedside table and stabbed Brooks in a fit of rage.



https://www.theguardian.com/us-news/202 ... ily-150000
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Re: General Law and Lawsuits

#429

Post by KickahaOta »

A really tragic case.

On the one hand, rape is a horrendous crime, and it would have been wonderful if Brooks had been convicted and spent life in prison. And if Lewis had stabbed and killed Brooks in self-defense... well played.

On the other hand, we've pretty much universally decided as a society in the US that "self-defense" means acting just before or during the crime, to prevent or stop the imminent crime. Stabbing someone thirty times in their sleep after the crime is not self-defense.

And it's worth noting that the headline is now wrong (at least at the moment). Several thousand GoFundMe donors will pay the rapist's family $150,000. This assumes that GoFundMe doesn't decide that this is funding "vigilantism" or "the legal defense of alleged financial and violent crimes", which would be barred under its terms. But the PR backlash if GoFundMe cancelled the campaign would be tremendous.
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Re: General Law and Lawsuits

#430

Post by raison de arizona »

“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

#431

Post by Tiredretiredlawyer »

KickahaOta:

On the other hand, we've pretty much universally decided as a society in the US that "self-defense" means acting just before or during the crime, to prevent or stop the imminent crime. Stabbing someone thirty times in their sleep after the crime is not self-defense.
The Battered Woman Defense is still available in some states, I think. Remember Farah Fawcett Majors in "The Burning Bed"? She killed her husband when she left him to prevent him from killing her for leaving.

I am not saying it applied in this case. I didn't see any mention of threat to her life. This situation is not unforeseen, though, in a sex trafficking situation in which the woman is young and homeless. I agree with the Go Fund Me. Society didn't help prevent this, but it can redeem itself by helping her now.
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Re: General Law and Lawsuits

#432

Post by pjhimself »

Interesting story about suing telemarketers:
“I am demanding payment in the amount of $15,000 for violations of the Federal TCPA.”

In 2003, the Federal Trade Commission created the National Do Not Call Registry to facilitate compliance with the Telephone Consumer Protection Act of 1991, the legislation denoted by the TCPA acronym. Theoretically, anyone called by a telemarketer a month after registering that number at donotcall.gov can sue the soliciting agency. Omar Khouri is doing that, just as he has done many times before.

Khouri, who made that $15,000 demand in a letter he sent to a Florida company and its Utah affiliate last year, just purchased Bull’s Tavern, the decade-old bar at 408 W. 4th Street in Winston-Salem. He is also the founder of the Winston-Salem IT company Tekhne, LLC, but told YES! Weekly that he got the money to purchase Bull’s from previous telemarketer settlements.

I’d say I’ve made a little over $100,000 from settlements in the last two years, and average about $7,500 to $10,000 per phone call.”

That’s why the craft cocktail bar that he is opening in that location is called The Wrong Number. “I’ve long wanted to own a bar, and now I find it hilarious that I bought one with money from suing people who, in my case, definitely called the wrong number.”

https://www.yesweekly.com/business/wins ... f81dd.html
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Re: General Law and Lawsuits

#433

Post by mojosapien »

I have been appointed administrator of my younger brother's estate.
Not much left except a bank account and a few lies.
Think like a fortune cookie. ©2022-Mojosapien
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Re: General Law and Lawsuits

#434

Post by Foggy »

Don't administer the lies, that's my advice. :|
Out from under. :thumbsup:
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Re: General Law and Lawsuits

#435

Post by raison de arizona »

Sorry for your loss.
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Re: General Law and Lawsuits

#436

Post by KickahaOta »

For your consideration: US v. Wright, a recent forfeiture case from the 9th Circuit that borders on but does not quite reach "legal funion."

SCENE: DINGY INTERROGATION ROOM
US Government: "We have you dead to rights, Mr. Wright! Your dastardly Las Vegas crime wave has come to an end! And we'll just be taking this obviously-stolen $63,513 that we found at your house."
Wright: "That's not my house and I've never seen this money."
USG: "You're wrong, Mr. Wright! We have an open-and-shut case, and we'll prove it in court!"

SCENE: DISTRICT COURTHOUSE
District Court Judge: "Wow. This is a truly impressive show of prosecutorial misconduct you've put on, Mr. Government. I'm suppressing nearly all of this evidence as a sanction."
USG: "Well. That sucks. Say, Mr. Wright, how about we settle on one count of felon-in-possession?"
Wright: "That works, I suppose. I'm already going away for a long stretch in prison for a different armed robbery anyway."
Judge: "So be it."
Wright: "Now that sentencing is over, I've just remembered that the $63,513 is actually my perfectly legitimate money from what is definitely my house. And I'm entitled to a presumption that the money is mine. Give it back."
Judge: "As if! It's laughably obvious that this money was stolen."
USG: "Now we're speaking the same language! Naturally we'll take that money to use as we see fit."
Judge: "Not! There are procedures to follow for seizing property properly. And you've handled that just like you've handled the rest of this case: incompetently."
Wright, USG, in unison: "Well. That sucks."

SCENE: NINTH CIRCUIT COURTHOUSE
Appellate Panel: "Everything that Judge said? That. Exactly that."
Gentle Readers: "So what happens to the money?"
Appellate Panel: "Heck if we know! That's for Judge to sort out on remand. Who knows, maybe the government will manage to pull its head out of its procedural posterior."
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Re: General Law and Lawsuits

#437

Post by Maybenaut »

If they money’s stolen, perhaps the court should order the USG to return it to it rightful owner, if it can determine who that is.
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Re: General Law and Lawsuits

#438

Post by Tiredretiredlawyer »

https://www.hollywoodreporter.com/busin ... 235227994/
Former MoviePass Execs Sued by SEC
Ted Farnsworth, Mitch Lowe and Khalid Itum are accused of violating federal securities laws.


As MoviePass works toward a relaunch under new leadership, the SEC is taking action against three former execs for alleged federal securities law violations in connection with the previous iteration of the service.

The SEC on Monday filed a complaint against Ted Farnsworth, Mitch Lowe and Khalid Itum in New York federal court. Farnsworth was CEO of Helios and Matheson Analytics, which acquired MoviePass in 2017, Lowe was MoviePass’ CEO, and Itum was a business development exec for the service.

“From August 2017 to at least March 2019, Farnsworth and Lowe, the CEOs of HMNY and MoviePass, respectively, intentionally and repeatedly disseminated to the public materially false or misleading statements concerning MoviePass and key aspects of MoviePass’s business model,” states the complaint, which is embedded below.

The SEC alleges the execs lied about how MoviePass could become profitable and then, when faced with dubious finances, opted to surreptitiously curb heavy use of the service instead of coming clean.

The complaint continues, “In addition to the above fraud, between January and April 2018, Farnsworth and Lowe approved false invoices that Itum, a MoviePass executive, submitted to HMNY and MoviePass. Consequently — and through Itum’s submission of additional false documents — Itum wrongfully obtained more than $310,000 from HMNY and MoviePass for his personal benefit.”
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Re: General Law and Lawsuits

#439

Post by Tiredretiredlawyer »

https://www.msn.com/en-us/news/crime/bi ... smsnnews11
Associated Press

Biogen pays $900M to settle doctor kickback allegations


Biogen has agreed to pay $900 million to resolve allegations that it violated federal law by paying kickbacks to doctors to persuade them to prescribe its multiple sclerosis drugs, federal prosecutors said.

The agreement announced Monday settles a whistleblower lawsuit brought by former Biogen employee Michael Bawduniak, according to a statement from the office of U.S. attorney for Massachusetts, Rachael Rollins.

Under the terms of the settlement, Biogen will pay more than $843 million to the federal government and more than $56 million to 15 states for overbilling Medicare and Medicaid insurance programs. Bawduniak will receive a portion of the federal recovery.

The lawsuit alleged that from January 2009 through March 2014, Biogen paid physicians speaking fees, consulting fees and bought them meals that were actually kickbacks, to get them to prescribe Avonex, Tysabri and Tecfidera in violation of the Anti-Kickback Statute.

"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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Re: General Law and Lawsuits

#440

Post by RTH10260 »

Don't know if we have a thread for this
Judge allows defamation lawsuit against Fox News, Lou Dobbs to move forward

BY ZACH SCHONFELD -
09/28/22 1:35 PM ET

A federal judge this week allowed a Venezuelan businessman’s defamation lawsuit to continue against Fox News and host Lou Dobbs over statements accusing the man of helping rig the 2020 presidential election.

Majed Khalil filed the suit last year, alleging statements made on Dobbs’s Twitter account and by Sidney Powell on Dobbs’s show defamed Khalil by accusing him of executing an “electoral 9/11” and helping change ballot counts in voting machines.

Dobbs, the Fox Corporation and Fox News moved to dismiss the case in January, arguing the statements were protected under the First Amendment and were not said with actual malice, the standard of proof required for defamation against a public figure.

U.S. District Court Judge Louis Lee Stanton denied the motion on Monday, saying Khalil is not a public figure and that his complaint showed enough evidence of false and defamatory statements to move forward to discovery in the case.

“Defendants repeatedly maintained their claims about Khalil long after Powell’s election fraud theories were challenged,” Stanton wrote in the ruling. “Numerous reports that declared the falsity of the claims against Dominion and Smartmatic and rejected Powell as an accurate source of information gave Defendants reasons to doubt Powell’s veracity and the accuracy of her reports.”

Khalil’s complaint references a Dec. 10, 2020, tweet from Dobbs listing Khalil as one of “four names” that people need to get familiar with, accusing him of being a liaison with Lebanon’s Hezbollah and the “effective COO” of an election rigging scheme using Smartmatic and Dominion voting machines.

“The 2020 Election is a cyber Pearl Harbor: The leftwing establishment have aligned their forces to overthrow the United States government,” Dobbs wrote on Twitter.



https://thehill.com/regulation/court-ba ... e-forward/
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Re: General Law and Lawsuits

#441

Post by raison de arizona »

“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

#442

Post by KickahaOta »

As an aside:

If you're the sort of person who reads this Fogbow thread, and you do not currently subscribe to the Short Circuit Newsletter, then you should reconsider your choices. It's a weekly list of interesting appellate decisions to read.

As examples, the "judge conducts prayer service prior to sessions" and "police recover stolen money, but foul up the process of seizing it" cases mentioned above are both included in this week's Short Circuit Newsletter.

There is also a Short Circuit podcast, but I personally don't find that to be as engaging.
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Re: General Law and Lawsuits

#443

Post by raison de arizona »

KickahaOta wrote: Fri Sep 30, 2022 6:44 pm As an aside:

If you're the sort of person who reads this Fogbow thread, and you do not currently subscribe to the Short Circuit Newsletter, then you should reconsider your choices. It's a weekly list of interesting appellate decisions to read.

There is also a Short Circuit podcast, but I personally don't find that to be as engaging.
Thx, will definitely check it out.
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Re: General Law and Lawsuits

#444

Post by RTH10260 »

‘Central Park Karen’ Amy Cooper loses lawsuit against former employer

By Patrick Reilly
September 22, 2022 12:52am Updated

Amy Cooper, the white woman dubbed “Central Park Karen” after accusing a black bird-watcher of threatening her in 2020, lost a lawsuit against her former employer claiming she was illegally fired and portrayed as a racist.

US District Judge Ronnie Abrams rejected Cooper’s claim on Wednesday that she was defamed when ex-employer Franklin Templeton, a holding company, axed her one day after the viral altercation in Central Park.

Cooper claimed that Franklin Templeton and its chief executive Jenny Johnson perpetuated her image as a “privileged white female ‘Karen’” by making public statements about firing her after conducting an investigation into the incident.

In May 2020, Cooper went viral after video showed her yelling at birder Christian Cooper and calling the police to claim an “African American man” was “threatening” her while she was walking her dog in Central Park.




https://nypost.com/2022/09/22/central-p ... -employer/
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Re: General Law and Lawsuits

#445

Post by raison de arizona »

Good, sometimes bad things happen to bad people.
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General Law and Lawsuits

#446

Post by RVInit »

Tiredretiredlawyer wrote: Wed Sep 28, 2022 10:06 am https://www.msn.com/en-us/news/crime/bi ... smsnnews11
Associated Press

Biogen pays $900M to settle doctor kickback allegations


Biogen has agreed to pay $900 million to resolve allegations that it violated federal law by paying kickbacks to doctors to persuade them to prescribe its multiple sclerosis drugs, federal prosecutors said.

The agreement announced Monday settles a whistleblower lawsuit brought by former Biogen employee Michael Bawduniak, according to a statement from the office of U.S. attorney for Massachusetts, Rachael Rollins.

Under the terms of the settlement, Biogen will pay more than $843 million to the federal government and more than $56 million to 15 states for overbilling Medicare and Medicaid insurance programs. Bawduniak will receive a portion of the federal recovery.

The lawsuit alleged that from January 2009 through March 2014, Biogen paid physicians speaking fees, consulting fees and bought them meals that were actually kickbacks, to get them to prescribe Avonex, Tysabri and Tecfidera in violation of the Anti-Kickback Statute.

I dated a man who has MS. Biogen has done far worse than what is depicted here. When I have some time I will share. I hate that company with a passion on my ex boyfriend’s behalf.
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General Law and Lawsuits

#447

Post by Tiredretiredlawyer »

Interested….
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General Law and Lawsuits

#448

Post by RVInit »

Tiredretiredlawyer wrote: Sat Oct 01, 2022 5:08 pm Interested….
I will post when I get home and on my computer with keyboard. Biogen should be criminally charged.
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General Law and Lawsuits

#449

Post by keith »

Foggy wrote: Tue Sep 13, 2022 3:25 pm
The plaintiff mailed a letter to Central Intelligence Agency (CIA) Office of Public Affairs while he was working for Win Kelly Buick Pontiac GMC in Clarksville, Maryland and the plaintiff also received an email from george10@ucia.gov about a plaintiff's inquiry about the role of CIA in building the Panama Canal.
But did plaintiff take the very last train to Clarksville?

:whisper: ... and I don't know if I'm ever comin' home! 🎶
Well, I think its likely that SOMEONE met him at the station anyway...

Has everybody heard about the bird?
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General Law and Lawsuits

#450

Post by RVInit »

Regarding Biogen. This is not only about Biogen company but also about the asshole doctor that treats someone I know for his multiple sclerosis. This was a man I dated for several years, I'll call him Sam, not his real name, but it will be awkward to keep referring to him as ex boyfriend or friend, or guy I used to date. So, Sam it is.

Biogen makes the only medications that are currently officially approved for treating MS. There was a big deal during the Tysabri trials, and Sam was excited about the (then) new drug, which was touted to be the be all and end all to MS drugs and to MS sufferers.

Tysabri is administered through intravenous infusion, once per month. Insurance is billed $3000.00 per patient per treatment. Sam's doctor has a nurse that is a personal friend, and she confided that Biogen gives the doctor $1500.00 per patient, per treatment for prescribing and administering Tysabri. If that isn't a kickback, I don't know what is. Sam showed up for the first infusion and there were about 30 chairs set up in a large room, one nurse that came around and hooked everyone up one at a time. During the one hour infusion she came in once and checked on each patient after initially starting the drip. These MS doctors are making a fortune just on this one drug alone. Sam's doctor basically turned one of his conference rooms into a infusion room, and used a single nurse to work with 30 patients at a time. At $1500 per patient, this sure is a sweet deal.

Sadly, Sam's condition became worse after the first Tysabri treatment he received. His doctor gave him some bullshit story and talked him into getting a second treatment. The second treatment made his condition worse again, and once again, the doctor attempted to pressure him into giving Tysabri at least one more try. The problem with Sam's type of MS is that once he suffers any kind of decline, it is permanent, he doesn't just have a temporary decline, he never recovers the spasticity once it's lost, it's gone for good. He declined a third treatment, but his doctor really put on the pressure. I never interfered or told him I thought he should look for a doctor that had his best interest in mind, he is totally sold on his doctor, thinks the man is the bomb, even after clearly trying to talk him into continuing a drug treatment that clearly wasn't working for him. I think that $1500 kickback Biogen was giving doctors gives them a little too much incentive to try to get patients to stick it out, even if the treatment makes their condition worse. During the time I dated Sam and he had this unfortunate experience with Tysabri, one of my coworkers was diagnosed with MS, and she also had the same unfortunate experience with Tysabri. Interestingly, she was seeing a different doctor than Sam sees, but still had the same experience that in spite the Tysabri making her condition noticeably worse, her doctor applied the same pressure to try to get her to "just give the Tysabri a couple more tries". I can't help but think the kickbacks are a huge part to blame, as I really puzzle to think a doctor (much less TWO different doctors) would normally suggest their patients continue a treatment that clearly made their condition worse.

Biogen has the entire market for MS drugs cornered. They run the only online MS support group that is mentioned by doctors who treat MS patients and Biogen administers the board and controls whether any post is approved for members to see. They will not post any entry that mentions any kind of alternative MS treatment, or any drug that is not a Biogen drug.

There's more about Biogen lack of ethics but I'm a little too tired, it's a story that is quite involved. Maybe I will post more on that another time.
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