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OVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. WHEELED TO THE HOSPITAL EXIT Wheeled to the hospital exit. “You’re not ready to leave until you can walk out of here.”. – L&D Nurse to mom being wheeled out upon discharge. Many hospitals do hold to a formal policy on the subject. Thus Methodist Hospital of Houston: “When your doctor has discharged you and you are ready to leave, you will be escorted out in a SPITZER AND “STRUCTURING” Spitzer and “structuring”. A helpful reader sends along the following information about the offense of “structuring”, which federal investigators are reportedly looking at closely in connection with the Spitzer affair: If Spitzer structured cash transactions to evade reporting requirements, he may be guilty of a felony. 31 U.S.C.5324
THREE GUILTY PLEAS IN MISS. FEN-PHEN FRAUD CASE Three guilty pleas in Miss. fen-phen fraud case. Not long after federal authorities arrested twelve Fayette, Mississippi residents on charges of fraud relating to the fen-phen settlement (see Sept. 1, 2004 and Oct. 3, 2003), three of the arrestees agreed to plead guilty and cooperate with the probe. All of the twelve “are accused ofreceiving
EMPLOYEE CAUGHT VACATIONING WHILE ON MEDICAL LEAVE CAN SUE Employee caught vacationing while on medical leave can sue over firing. Jon Hyman on the Eleventh Circuit case of Jones v. Gulf Coast Health Care: Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. WORKPLACE KILLER’S MOM WANTS COMP BENEFITS Workplace killer’s mom wants comp benefits. The mother of Jonathon Russell, who killed three people and wounded five before shooting himself in a July shooting spree at the Modine Manufacturing Co. in Jefferson City, Missouri, has filed a workers? compensation claim that seeks a death benefit from the company. The late Russell died oncompany
CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad UnruhOVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. WHEELED TO THE HOSPITAL EXIT Wheeled to the hospital exit. “You’re not ready to leave until you can walk out of here.”. – L&D Nurse to mom being wheeled out upon discharge. Many hospitals do hold to a formal policy on the subject. Thus Methodist Hospital of Houston: “When your doctor has discharged you and you are ready to leave, you will be escorted out in a SPITZER AND “STRUCTURING” Spitzer and “structuring”. A helpful reader sends along the following information about the offense of “structuring”, which federal investigators are reportedly looking at closely in connection with the Spitzer affair: If Spitzer structured cash transactions to evade reporting requirements, he may be guilty of a felony. 31 U.S.C.5324
THREE GUILTY PLEAS IN MISS. FEN-PHEN FRAUD CASE Three guilty pleas in Miss. fen-phen fraud case. Not long after federal authorities arrested twelve Fayette, Mississippi residents on charges of fraud relating to the fen-phen settlement (see Sept. 1, 2004 and Oct. 3, 2003), three of the arrestees agreed to plead guilty and cooperate with the probe. All of the twelve “are accused ofreceiving
EMPLOYEE CAUGHT VACATIONING WHILE ON MEDICAL LEAVE CAN SUE Employee caught vacationing while on medical leave can sue over firing. Jon Hyman on the Eleventh Circuit case of Jones v. Gulf Coast Health Care: Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. WORKPLACE KILLER’S MOM WANTS COMP BENEFITS Workplace killer’s mom wants comp benefits. The mother of Jonathon Russell, who killed three people and wounded five before shooting himself in a July shooting spree at the Modine Manufacturing Co. in Jefferson City, Missouri, has filed a workers? compensation claim that seeks a death benefit from the company. The late Russell died oncompany
CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh| OVERLAWYERED
We propose universal civilian service for every young American. Under this plan, All Americans between the ages of eighteen and twenty-five will be asked to serve their country by going through three months of basic training, civil defense preparation and community service. (J.D. Tuccille, “Obama’s chief of staff choice favors compulsory| OVERLAWYERED
Recently, I left a comment on the Bizarro-Overlawyered website commenting on the Milberg Weiss Fellow’s appallingly dishonest misrepresentation of a Walter Olson column, reprinted on two or three other left-wing websites and still not retracted, though Milberg Weiss Fellow Cyrus Dugger has had time to write over a dozen other posts since then.The comment has not been posted.| OVERLAWYERED
Yesterday’s extensive New York Times piece by Nelson D. Schwartz, the lead story in the paper’s Sunday business section, once again (see Dec. 9) provides strong overall perspective on the scandal, along with tidbits that will be new to all but the most obsessed (or most locally knowledgeable) followers of the affair.It focuses in particular on ever-more-central scandal figure P.L. Blake| OVERLAWYERED
Judge Joseph Bamberger rubber-stamped a Kentucky fen-phen settlement agreement where plaintiffs’ attorneys cheated class members out of tens of millions of dollars. In the process, his former law partner was paid millions by the settlement, which he used to buy a Florida house with Bamberger, and Bamberger himself received a $5000/month sinecure. At trial of the three lead ANNALS OF PROP 65: BLACK LICORICE Prop. 65 Warning: This comment contains chemicals known by the State of California to cause cancer and birth defects or other reproductive harm. March 15, 2017 3:24 PM. By En Passant. The statement that licorice flavored candies contain lead comes from the Centers for Environmental Health. DEBUNKING THE “FOOD DESERT” MYTH Debunking the “food desert” myth. No, this isn’t the first time the fashionable, First-Lady-approved theory has been debunked — see posts here, here, and here — but it’s gratifying to see the NYT’s formidable Gina Kolata get front-page space for a thorough treatment. One study found poor neighborhoods “had nearly twice asmany
HONESTY IN LABELING: “IT’S VINEGAR AND PEPPERS, FOR GOD’S Honesty in labeling: “It’s vinegar and peppers, for God’s sake.”. A refreshingly candid label on Gringo Bandito sauce: “Hot Sauce really doesn’t have nutritional value. It’s vinegar andpeppers, for God
WORKPLACE KILLER’S MOM WANTS COMP BENEFITS Workplace killer’s mom wants comp benefits. The mother of Jonathon Russell, who killed three people and wounded five before shooting himself in a July shooting spree at the Modine Manufacturing Co. in Jefferson City, Missouri, has filed a workers? compensation claim that seeks a death benefit from the company. The late Russell died oncompany
CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh ON TRIAL FOR VEHICULAR HOMICIDE, SUES FAMILY SHE KILLED On trial for vehicular homicide, sues family she killed. Citing text messages she sent her boyfriend shortly before the incident, Montana prosecutors contend that Justine Winter’s crash at 85 mph into an oncoming vehicle was a deliberate suicide attempt. Winter, who faces trial on homicide charges in the deaths of Erin Thompson, the womanshe
OVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size IT’S AN EMOTIONAL-SUPPORT ALPACA, SO LET US IN It’s an emotional-support alpaca, so let us in. Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. CAMPUS PURITANISM, CONT’D they’re afraid of words because they’ve been taught to be. they’ve been taught words they “don’t like ‘ hurt more than physical blows. so of course they don’t want to hear something they disagree with. it will seem like a beating to them. and you can’t dislike their words because it would hurt their feelings. talk about having your cake and eating it too. SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. “STRUCTURING”: WHO CAN GET AWAY WITH IT, AND WHO CAN’T “Structuring,” as readers may recall, is the federal criminal offense of splitting up bank deposits so as to keep them under a threshold such as $10,000 above which banks have to report transactions to the government.Structuring is unlawful whether or not it occurs in conjunction with any other legal offense, as opposed to being motivated by, say, a desire to keep a low profile in general “SACRAMENTO COUNTY SAYS IT’S ILLEGAL TO WORK ON YOUR OWN While it concedes to residents the right to perform minor auto repairs on their own cars in their driveway or garage, it bans repairs or maintenance in any of the following circumstances: 1. Using tools not normally found in a residence; 2. Conducted on vehicles registered to persons, not currently residing on the lot or parcel; 3. Conducted CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh SUIT AGAINST WAL-MART: YOU ARRESTED ME JUST BECAUSE I LEFT “It was obvious from the facts that she did not intend to steal any items from Wal-Mart,” says Denise Macon’s St. Clair County Circuit Court lawsuit, which seeks $150,000 plus punOVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size IT’S AN EMOTIONAL-SUPPORT ALPACA, SO LET US IN It’s an emotional-support alpaca, so let us in. Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. CAMPUS PURITANISM, CONT’D they’re afraid of words because they’ve been taught to be. they’ve been taught words they “don’t like ‘ hurt more than physical blows. so of course they don’t want to hear something they disagree with. it will seem like a beating to them. and you can’t dislike their words because it would hurt their feelings. talk about having your cake and eating it too. SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. “STRUCTURING”: WHO CAN GET AWAY WITH IT, AND WHO CAN’T “Structuring,” as readers may recall, is the federal criminal offense of splitting up bank deposits so as to keep them under a threshold such as $10,000 above which banks have to report transactions to the government.Structuring is unlawful whether or not it occurs in conjunction with any other legal offense, as opposed to being motivated by, say, a desire to keep a low profile in general “SACRAMENTO COUNTY SAYS IT’S ILLEGAL TO WORK ON YOUR OWN While it concedes to residents the right to perform minor auto repairs on their own cars in their driveway or garage, it bans repairs or maintenance in any of the following circumstances: 1. Using tools not normally found in a residence; 2. Conducted on vehicles registered to persons, not currently residing on the lot or parcel; 3. Conducted CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh SUIT AGAINST WAL-MART: YOU ARRESTED ME JUST BECAUSE I LEFT “It was obvious from the facts that she did not intend to steal any items from Wal-Mart,” says Denise Macon’s St. Clair County Circuit Court lawsuit, which seeks $150,000 plus pun WHEELED TO THE HOSPITAL EXIT Wheeled to the hospital exit. “You’re not ready to leave until you can walk out of here.”. – L&D Nurse to mom being wheeled out upon discharge. Many hospitals do hold to a formal policy on the subject. Thus Methodist Hospital of Houston: “When your doctor has discharged you and you are ready to leave, you will be escorted out in a| OVERLAWYERED
Judge Joseph Bamberger rubber-stamped a Kentucky fen-phen settlement agreement where plaintiffs’ attorneys cheated class members out of tens of millions of dollars. In the process, his former law partner was paid millions by the settlement, which he used to buy a Florida house with Bamberger, and Bamberger himself received a $5000/month sinecure. At trial of the three lead STEPHEN GLASS: A RIGHT TO PRACTICE LAW? Glass should simply argue he is a pathological liar, get a psychologist to certify the diagnosis, and then the bar would be forced to admit him under the Americans with Disabilities Act. Problem solved. Back in 1998, the Illinois bar refused to grant Matthew Hale a law license, based on the fact that he was a white supremacist. FRANKLIN MINT V. DIANA Franklin Mint v. Diana. In 1998, the Diana Princess of Wales Memorial Fund charity tried to assert California “right of publicity” law against the Franklin Mint to force them to stop selling tchotchkes and gewgaws with Diana’s image, and spent over one million pounds on attorneys to fight the case. California courts were not impressed “MORALLY INNOCENT, LEGALLY GUILTY: THE CASE FOR MENS REA Excerpt :Proof of mens rea — a guilty mind — has traditionally been required to punish someone for a crime because intentional wrongdoing is more morally culpable than accidental wrongdoing; our justice system has usually been content to evaluate accidents that injure others as civil wrongs, but criminal punishment has been reserved for people who ANNALS OF PROP 65: BLACK LICORICE Prop. 65 Warning: This comment contains chemicals known by the State of California to cause cancer and birth defects or other reproductive harm. March 15, 2017 3:24 PM. By En Passant. The statement that licorice flavored candies contain lead comes from the Centers for Environmental Health. SPITZER AND “STRUCTURING” Spitzer and “structuring”. A helpful reader sends along the following information about the offense of “structuring”, which federal investigators are reportedly looking at closely in connection with the Spitzer affair: If Spitzer structured cash transactions to evade reporting requirements, he may be guilty of a felony. 31 U.S.C.5324
THREE GUILTY PLEAS IN MISS. FEN-PHEN FRAUD CASE Three guilty pleas in Miss. fen-phen fraud case. Not long after federal authorities arrested twelve Fayette, Mississippi residents on charges of fraud relating to the fen-phen settlement (see Sept. 1, 2004 and Oct. 3, 2003), three of the arrestees agreed to plead guilty and cooperate with the probe. All of the twelve “are accused ofreceiving
CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh JUDGE TJOFLAT ON SHOTGUN PLEADINGS Judge Tjoflat on shotgun pleadings. Eleventh Circuit federal judge Gerald Bard Tjoflat has long been a critic of “shotgun pleadings,” which have been defined as pleadings that make it “virtually impossible to know which allegations of fact are intended to support which claim (s) for relief,” as when every succeeding countOVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size IT’S AN EMOTIONAL-SUPPORT ALPACA, SO LET US IN It’s an emotional-support alpaca, so let us in. Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. CAMPUS PURITANISM, CONT’D they’re afraid of words because they’ve been taught to be. they’ve been taught words they “don’t like ‘ hurt more than physical blows. so of course they don’t want to hear something they disagree with. it will seem like a beating to them. and you can’t dislike their words because it would hurt their feelings. talk about having your cake and eating it too. MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed “SACRAMENTO COUNTY SAYS IT’S ILLEGAL TO WORK ON YOUR OWN While it concedes to residents the right to perform minor auto repairs on their own cars in their driveway or garage, it bans repairs or maintenance in any of the following circumstances: 1. Using tools not normally found in a residence; 2. Conducted on vehicles registered to persons, not currently residing on the lot or parcel; 3. Conducted “STRUCTURING”: WHO CAN GET AWAY WITH IT, AND WHO CAN’T “Structuring,” as readers may recall, is the federal criminal offense of splitting up bank deposits so as to keep them under a threshold such as $10,000 above which banks have to report transactions to the government.Structuring is unlawful whether or not it occurs in conjunction with any other legal offense, as opposed to being motivated by, say, a desire to keep a low profile in general EMPLOYEE CAUGHT VACATIONING WHILE ON MEDICAL LEAVE CAN SUE Employee caught vacationing while on medical leave can sue over firing. Jon Hyman on the Eleventh Circuit case of Jones v. Gulf Coast Health Care: Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. SUIT AGAINST WAL-MART: YOU ARRESTED ME JUST BECAUSE I LEFT “It was obvious from the facts that she did not intend to steal any items from Wal-Mart,” says Denise Macon’s St. Clair County Circuit Court lawsuit, which seeks $150,000 plus punOVERLAWYERED
Squatter sues homeowners from prison, gets default judgment “Judge Thomas Hardiman on the history of judicial independence” There really needs to be an off ramp at Child Protective Services by which an investigation of a family that proves unfounded can just end instead of cycling through moreSELF-INTRODUCTION
Please allow me to introduce myself, I’m a man of . . . pseudonyms and a small blog. Greetings. I am The Monk, founder and primary author of The Key Monk a small politics-and-sports blog I started in April and which my old high school buddy and I now work on in our spare time.. I am a lawyer in Texas who has run the law firm private practice gamut: large general practice firm to medium-size IT’S AN EMOTIONAL-SUPPORT ALPACA, SO LET US IN It’s an emotional-support alpaca, so let us in. Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. CAMPUS PURITANISM, CONT’D they’re afraid of words because they’ve been taught to be. they’ve been taught words they “don’t like ‘ hurt more than physical blows. so of course they don’t want to hear something they disagree with. it will seem like a beating to them. and you can’t dislike their words because it would hurt their feelings. talk about having your cake and eating it too. MAY 2002 ARCHIVES, PART 3 May 2002 archives, part 3. May 31-June 2 — Welcome Fox News viewers/readers. Our editor is interviewed on air and quoted in print in this piece on the quest to make casinos and lottery operators the next Big Tobacco (Alisyn Camerota, “Trial Lawyers Target Gambling”, Fox News, May 31) (see May 20-21). (DURABLE LINK) May 31-June 2 — “After stabbing son, mom sues doctors”. SOME COSTS OF TEACHER TENURE Yet it’s nearly impossible to fire tenured teachers. In Los Angeles, an effort to fire just seven notoriously bad instructors cost the city $3.5 million, and only got rid of four of the teachers. — Jonathan Leaf, City Journal, reviewing Philip K. Howard’s new book Try Common Sense: Replacing the Failed Ideologies of Right and Left. Filed “SACRAMENTO COUNTY SAYS IT’S ILLEGAL TO WORK ON YOUR OWN While it concedes to residents the right to perform minor auto repairs on their own cars in their driveway or garage, it bans repairs or maintenance in any of the following circumstances: 1. Using tools not normally found in a residence; 2. Conducted on vehicles registered to persons, not currently residing on the lot or parcel; 3. Conducted “STRUCTURING”: WHO CAN GET AWAY WITH IT, AND WHO CAN’T “Structuring,” as readers may recall, is the federal criminal offense of splitting up bank deposits so as to keep them under a threshold such as $10,000 above which banks have to report transactions to the government.Structuring is unlawful whether or not it occurs in conjunction with any other legal offense, as opposed to being motivated by, say, a desire to keep a low profile in general EMPLOYEE CAUGHT VACATIONING WHILE ON MEDICAL LEAVE CAN SUE Employee caught vacationing while on medical leave can sue over firing. Jon Hyman on the Eleventh Circuit case of Jones v. Gulf Coast Health Care: Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. SUIT AGAINST WAL-MART: YOU ARRESTED ME JUST BECAUSE I LEFT “It was obvious from the facts that she did not intend to steal any items from Wal-Mart,” says Denise Macon’s St. Clair County Circuit Court lawsuit, which seeks $150,000 plus pun WHEELED TO THE HOSPITAL EXIT Wheeled to the hospital exit. “You’re not ready to leave until you can walk out of here.”. – L&D Nurse to mom being wheeled out upon discharge. Many hospitals do hold to a formal policy on the subject. Thus Methodist Hospital of Houston: “When your doctor has discharged you and you are ready to leave, you will be escorted out in a| OVERLAWYERED
Judge Joseph Bamberger rubber-stamped a Kentucky fen-phen settlement agreement where plaintiffs’ attorneys cheated class members out of tens of millions of dollars. In the process, his former law partner was paid millions by the settlement, which he used to buy a Florida house with Bamberger, and Bamberger himself received a $5000/month sinecure. At trial of the three lead STEPHEN GLASS: A RIGHT TO PRACTICE LAW? Glass should simply argue he is a pathological liar, get a psychologist to certify the diagnosis, and then the bar would be forced to admit him under the Americans with Disabilities Act. Problem solved. Back in 1998, the Illinois bar refused to grant Matthew Hale a law license, based on the fact that he was a white supremacist. FRANKLIN MINT V. DIANA Franklin Mint v. Diana. In 1998, the Diana Princess of Wales Memorial Fund charity tried to assert California “right of publicity” law against the Franklin Mint to force them to stop selling tchotchkes and gewgaws with Diana’s image, and spent over one million pounds on attorneys to fight the case. California courts were not impressed EMPLOYEE CAUGHT VACATIONING WHILE ON MEDICAL LEAVE CAN SUE Employee caught vacationing while on medical leave can sue over firing. Jon Hyman on the Eleventh Circuit case of Jones v. Gulf Coast Health Care: Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. SPITZER AND “STRUCTURING” Spitzer and “structuring”. A helpful reader sends along the following information about the offense of “structuring”, which federal investigators are reportedly looking at closely in connection with the Spitzer affair: If Spitzer structured cash transactions to evade reporting requirements, he may be guilty of a felony. 31 U.S.C.5324
THREE GUILTY PLEAS IN MISS. FEN-PHEN FRAUD CASE Three guilty pleas in Miss. fen-phen fraud case. Not long after federal authorities arrested twelve Fayette, Mississippi residents on charges of fraud relating to the fen-phen settlement (see Sept. 1, 2004 and Oct. 3, 2003), three of the arrestees agreed to plead guilty and cooperate with the probe. All of the twelve “are accused ofreceiving
JUDGE TJOFLAT ON SHOTGUN PLEADINGS Judge Tjoflat on shotgun pleadings. Eleventh Circuit federal judge Gerald Bard Tjoflat has long been a critic of “shotgun pleadings,” which have been defined as pleadings that make it “virtually impossible to know which allegations of fact are intended to support which claim (s) for relief,” as when every succeeding count CALIFORNIA SUPREME COURT: LADIES’ NIGHTS ARE LAWYERS California Supreme Court: Ladies’ Nights are Lawyers’ Nights. Last week, the California Supreme Court handed down yet another victory for abusive “antidiscrimination” litigation, ruling in favor of a California attorney who makes a business out of suing legitimate businesses for violations of California’s absurdly broad Unruh PAYNE STEWART AIR CRASH VERDICT Payne Stewart air crash verdict. After golfer Payne Stewart and several others were killed in a 1999 plane crash, Stewart’s survivors sued a list of defendants starting with the aircraft’s owner and its operator; perhaps the deepest pocket sued was that of Canadian-owned Learjet, which stood its ground, took the case to trialand was
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SAN FRANCISCO: FORGET THAT NRA CONTRACTOR BLACKLISTA memo
last week from San Francisco Mayor London Breed made clear that “the City’s contracting processes and policies have not changed and will not change as a result of the Resolution” by the Board of Supervisors branding the National Rifle Association a domesticterrorist group.
The resolution
had proclaimed that the city should take all reasonable steps to identify and limit business and financial links between its vendors and contractors and the membership organization, but Breed pointed out that the city enacts changes to its law only by ordinance, not by resolution, which means the swaggering language had no effect off the playground. It had been widely predicted that courts would strike down a move by the city to coerce contractors in this way. Earlier hereand here
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Filed under: guns , SanFrancisco
* By Walter Olson
* October 1, 2019
* One Comment
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CATO CONSTITUTION DAY VIDEO The video of Cato’s 18th Constitution Day forum, held
September 17, is now online, with a line-up of eminent speakers including Tom Goldstein of SCOTUSBlog, Jan Crawford of CBS News, and Judge Thomas Hardiman of the U.S. Court of Appeals for the Third Circuit, who in the annual B. Kenneth Simon Lecture discussed judicial independence and service during good behavior. I moderate the thirdpanel
,
on Property Rights, Antitrust, and the Census. Filed under: Cato Institute , constitutional law, live in person
, Supreme Court
* By Walter Olson
* October 1, 2019
* No Comments
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“THE GOLDEN RULE OF LAWS” Court-packing schemes have something in common with passing a municipal resolution to label one’s political adversaries “domestic terrorists”: their proponents, as David Boaz has observed, tend not to ask “What if my opponents had this power?”Eric Turkewitz
expands on the idea in a post: > This is as good a time as any to discuss the Golden Rule of Laws. > This rule states that when you want to use some legal maneuver to > attack “the other side” ask yourself how “the other side” > could likewise use it. Filed under: judicial nominations, legislature
* By Walter Olson
* October 1, 2019
* 2 Comments
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LIBEL AND DEFAMATION ROUNDUP * Though ruled unconstitutional a half century ago, Louisiana’s criminal defamation law has remained on the books and could still cause you grief, especially if a sheriff’s office thinks you’vedefamed it
* Certiorari petition filed asking Supreme Court to stop climatologist Michael Mann’s lawsuit against National Review * Latest sassy response to a cease-and-desist demand (language) Person “threatens to sue the Guinness World Record folks for removing his records” * Also Techdirt-related: “Defamation lawsuit brought by self-proclaimed email ‘inventor’ settles” * New Hampshire high court: inventor and company weren’t defamed by being called patent troll Lawsuit alleging adult defamation of a seventh grader results in liability but no damages * Council in Peachtree City, Ga. considers proposal to pay legal bills of city workers and officials who sue critics for defamation Filed under: libel slander and defamation,
Louisiana , nastygrams, patent trolls
* By Walter Olson
* September 30, 2019* No Comments
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CORPORATE RESPONSIBILITY AND STAKEHOLDERS, CONT’D Some followup on the “Statement on the Purpose of a Corporation” signed by 180 CEOs of major companies and covered in this spaceearlier
:
“What’s significant about the statement is what it does not say. The corporate signatories do not suggest in any way weakening the fiduciary duties of the boards and managers of ordinary for-profit shareholder corporations to manage such companies’ affairs for shareholders’ benefit.” “If corporate leaders, under the new Business Roundtable principles, elevate concerns about their employees and communities, are their decisions still entitled to deference under the business judgmentrule?”
Many of the assumptions underlying these discussions amount to political myths And the Federalist Society held a panel on “Corporate Responsibility: Maximizing Shareholder Benefit v. Social Justice” with Paul Atkins, Macey, and Andrew Schwartz. Filed under: corporate governance* By Walter Olson
* September 29, 2019* No Comments
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WHICH COUNTRY RESTRICTS SPEECH ABOUT CLIMATE CHANGE? Did you guess “Canada”? The Canadian federal elections agency “will consider any substantial public talk or advocacy about climate change during the weeks around the Oct. 21 general election as potentially a form of election advertising, and thus only legal if it complies with the Elections Act.” Filed under: campaign regulation, Canada
, climate change
, free speech in
Canada
* By Walter Olson
* September 28, 2019* 2 Comments
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SCHOOLS AND CHILDHOOD ROUNDUP * Britain’s Labour Party conference pledges to take over private schools, confiscating endowments as well as land and property * New York Department of Education readies moves to place private and religious schools under much tighter government control * Chicago teachers’ union sends delegation on “solidarity trip” to Venezuela * So-called Blaine Amendments bar religious schools in participating in voucher programs to which they would be admitted were they nonsectarian. A case of religious discrimination, and if so, violative of the First Amendment? * “The draft curriculum says that ethnic studies courses created by districts from the proposed curriculum will… ‘critique empire and its relationship to white supremacy, …capitalism, and other forms of power and oppression'” * “Kamala Harris expresses ‘regret’ over California truancylaw”
* Despite strenuous efforts in Seattle and D.C. suburbs to impose “equity lens” on school systems and train all sides about implicit bias and systemic racism, no sign that actual outcome gaps are likelyto budge
Filed under: California, Chicago
, New York state
, religious liberty
, schools
, Seattle
, United Kingdom
, Washington D.C.
* By Walter Olson
* September 27, 2019* 5 Comments
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WEALTH REGISTRIES AND EXIT TAXES Not scary or intrusive at all: presidential candidate Sen. Bernie Sanders (I-Vt.) has called for enacting a “national wealth registry,” the better to enforce future schemes of taxation, confiscation, and restraints on expatriation And the steep “exit tax” that Sen. Elizabeth Warren (D-Mass.) and Sanders propose to slap on wealthy individuals who depart the U.S., of up to 40 and 60 percent respectively, did not sound better in the original German P.S.: On the constitutionality angle, note that the Competitive Enterprise Institute has just fileda lawsuit on
behalf of a couple challenging the constitutionality of a provision of the 2017 tax reform law known as the Mandatory Repatriation Tax. Counsel Andrew Grossman, quoted in the CEI press release, stated: > The Mandatory Repatriation Tax is unconstitutional for the same > reason that a wealth tax would be. The Constitution does not permit > Congress to simply declare money that it wants to tax to be income > and then demand its cut. And the courts have never permitted > retroactive taxation reaching back anywhere near the 30 years, as > the Mandatory Repatriation Tax does. The details of the tax may be > complicated, but the constitutional violations are clear. Filed under: Bernie Sanders, Elizabeth Warren
, FATCA
, taxes
, Wall Street
* By Walter Olson
* September 26, 2019* 11 Comments
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HOW THE TAX CODE PROTECTS CONTROVERSIAL OPINION Eugene Volokh thanks a House panel for “inviting me to testify about ‘How the Tax Code Subsidizes Hate.’ The Tax Code indeed subsidizes hate, just as it subsidizes Socialism, Satanism, and a wide variety of dangerous and offensiveideas.”
In particular, a long line of court opinions has made clear that 1) “tax exemptions can’t be denied based on the viewpoint that a group communicates,” 2) “excluding speech that manifests or promotes ‘hate’ is forbidden viewpoint discrimination”, 3) the law “may treat groups differently based on their _actions_, but not based on the views they express” (emphasis added) and that 4) while groups may be denied tax exemptions “for deliberately engaging in speech that falls within one of the few narrow exceptions to the First Amendment, such as true threats of criminal attack, or incitement intended to and likely to cause imminent criminal conduct,… ‘hate speech’ writ large doesn’t fall within any such exceptions.” In addition, the D.C. Circuit has found that a former IRS attempt to hinge exemption on a group’s presentation of “a sufficiently full and fair exposition of the pertinent facts as to permit an individual or the public to form an independent opinion or conclusion” was unacceptably vague in scope and application. Moreover, if the IRS were to begin revoking groups’ tax exemptions based on their exercise of speech that is not protected, such as libel or incitement of immediate criminal conduct, it would be obliged to apply such a policy neutrally as to content — which means a lot of groups quite different from the one targeted in the test-case controversy will find their ox gored. The legal precedents have developed in cases involving a wide range of both progressive and conservative litigants, and understandably so, because if principles in this area are to be principles they must protect speakers of many different points of view, not just the popular or emollient. Either that, or they will in effect protect none. Filed under: free speech, taxes
* By Walter Olson
* September 26, 2019* One Comment
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SEPTEMBER 25 ROUNDUP * “Small claims court for copyright” idea, now moving rapidly through Congress, could create a new business model for troll claimants A CONTRASTING VIEW: ROBERT VERBRUGGEN, NR; * “If Boston is weirdly NOT full of good restaurant/bar/cafes for its size, and if people don’t want to stay after they hit 26 or so, these throttled licenses are one of the real structuralreasons why.”
* Push in California underway to join a trend I warned of five yearsago
,
namely states’ enacting laws to encourage tax informants with ashare of the loot
* Baltimore food truck rule challenge, single-member districts, sexting prosecution, and more in my new Free State Notes roundup;
* “For years the Westchester County DA, Jeanine Pirro, now a Fox News host who opines on justice, rejected Deskovic’s requests to compare the DNA evidence against a criminal database. Deskovic was not exonerated until 2006, after he had served 16 years” * Come again? “Louisville judge rules Kentucky speed limit lawsunconstitutional”
Filed under: alcohol ,Baltimore , Boston
, copyright
, Kentucky
, Maryland
, restaurants
, taxes
, traffic laws
* By Walter Olson
* September 25, 2019* 4 Comments
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