Echoing CFIF, today's Wall Street Journal board editorial applauds Federal Communications Commission…
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WSJ Applauds FCC Chairman Pai, Commissioner Carr in Support of T-Mobile/Sprint Merger

Echoing CFIF, today's Wall Street Journal board editorial applauds Federal Communications Commission (FCC) Chairman Ajit Pai's and Commissioner Brendan Carr's expressions of support for the proposed T-Mobile/Sprint merger:

By joining forces, T-Mobile and Sprint will be better positioned to compete against wireless leaders Verizon and AT&T in the 5G era.   Sprint is sitting on loads of mid-band spectrum that boosts wireless speeds while T-Mobile boasts ample low-band spectrum that provides coverage.  The combination is likely to provide a faster, denser network."

As they rightly conclude, "government penalties pale next to the powerful market incentives that already exist for Sprint and T-Mobile to rapidly build out their networks lest they lose market share to Verizon, AT&T, cable…[more]

May 21, 2019 • 11:36 am

Liberty Update

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Jester’s Courtroom
Watch Out for Bicyclists
Wednesday, May 15 2019

A Massachusetts man is being sued by a bicyclist after his Uber driver double parked in a bike lane, causing the vehicle door to trap the bicyclist when the rider was exiting his Uber ride.

Jake Lester opened the back door to get out of his Uber and in doing so a cyclist was pinned between the Uber and a parked car. The cyclist is now suing both Lester and the Uber driver for damages ($4,000 in medical bills) and fees.

"Obviously, I knew we were double parked but wasn't aware that we were parked in a bike lane," Lester said.

According to news reports, Lester, who didn't have a car and thus no insurance of his own, was surprised to learn he would not be covered under Uber's insurance policy. But Uber's insurance company - James River Insurance - sent him a letter denying him coverage saying, "You do not qualify as an insured under the James River policy... Opening a door into a bicylist does not constitute 'use' of a covered auto."

It's "just mind-blowing that they're taking a step back from this and saying they have no responsibility," Lester said.

Under Massachusetts law, rideshare companies are required to maintain a million dollars in liability insurance for "bodily injury to others" while their drivers are engaged in a ride. Uber maintains that Jake Lester isn't covered.

"It just seems ridiculous, frankly, for a company as big as Uber to deny a rider coverage like that," Lester said. "If I'm getting in an Uber, I'm putting my financial security at risk. Who knows what could happen and Uber's not going to provide the coverage."

Source: wcvb.com

Stalking or Walking?
Thursday, May 09 2019

A Florida appellate court has reversed a lower court's injunction against a Pensacola-area resident accused of "stalking" his neighbor after evidence on appeal demonstrated the man was merely doing everyday activities like walking his dog, throwing away trash and trying not to get hit by traffic.

According to news reports, Billy Stone routinely takes walks around the circular street he shares with neighbor Teresa McMillian. One day in 2016, McMillian honked her horn and allegedly drove her car at Stone and his dog, prompting them to jump out of the way. Angered by the incident, Stone put a threatening letter in McMillian's mailbox warning her not to "pull another stunt like she did today."

McMillian, claiming she was intimidated by the letter, installed motion-activated sprinklers at her property line and called law enforcement on Stone for putting dog waste in her roadway garbage can and stepping onto her property to avoid being hit by a bus. McMillian filed suit requesting an injunction, telling the court she had received the threatening letter and that her camera showed Stone walking past her property more than 10 times a day on multiple days.

The lower court issued a one-year injunction against Stone prohibiting him from going near McMillian or her property, but after evidence came to light on appeal that Stone, who walks to alleviate anxiety, was walking near McMillian's property to visit with neighbors and to help with the neighborhood watch program he helped develop, the Florida First District Court of Appeal reversed the injunction.

“We do not disagree with Stone’s argument that he walks around his neighborhood, put dog waste in a trash can, and avoided getting hit by a bus for legitimate purposes under (Florida statute),” the court wrote.

Stone’s attorney, Robert Powell of Clark Partington, said his client “feels exonerated that justice was properly meted out” and relieved that the stain on his neighborhood reputation had been removed.

Source: pnj.com

I’m with the Band
Thursday, May 02 2019

James Dolan, CEO of Madison Square Garden (“MSG”) company, is being sued by a group of shareholders who claim he is overpaid, only works part-time, and spends too much of his time with his band, JD & the Straight Shot band. MSG company owns 14 brands, including the Knicks, the Rangers, Radio City Music Hall and the Rockettes.

According to news reports, the lawsuit argues Dolan allegedly made more than $75 million over a three-year period, far in excess of MSG’s peer companies, yet Dolan traveled and performed “extensively domestically and internationally” with his band. “By comparison, MSG’s peer companies paid their CEOs an average of $17 million for the same three-year period. The highest-paid peer CEO received $32.4 million, over $43 million less than James,” the complaint stated.

MSG says the lawsuit has been brought by a trust owned by one shareholder. In a statement issued by the company, MSG countered, “This lawsuit amounts to nothing more than corporate harassment. The company stands by its policies and practices.”

Source: nydailynews.com

Too Hot to Handle
Wednesday, April 24 2019

A Texas woman is suing restaurant chain Olive Garden claiming she suffered severe burns from a hot stuffed mushroom that became lodged in her throat.

Danny Howard of Fort Worth, Texas, is seeking $200,000 to $1 million in damages, alleging that Olive Garden was negligent in not warning her that the mushrooms were extremely hot. According to the lawsuit, there was no notification that the "mushrooms were particularly hot or (carried) the risk to cause severe burns."

Howard claims the hot mushroom got lodged in her throat, causing her to choke and stop breathing. Howard ultimately vomited up the mushroom. She later sought medical treatment.

Source: star-telegram.com

A Shot in the Dark
Monday, April 08 2019

A Kentucky judge has thrown out a lawsuit filed by an unvaccinated teenager who sued his local health department for temporarily barring students at his school who were not deemed immune against chickenpox.

Following an outbreak of chickenpox affecting roughly 13% of the student population at Our Lady of Sacred Heart/Assumption Academy in Walton, Kentucky, the Northern Kentucky Health Department announced that all students who did not have "proof of vaccination or proof of immunity against chickenpox will not be allowed to attend school until 21 days after the onset of rash for the last ill student or staff member."

According to news reports, the school's sports and extracurricular activities were canceled to avoid spreading the illness to other schools and places.

Jerome Kunkel, a senior basketball player at the school who refused the chickenpox vaccine for religious reasons, filed a lawsuit against the county. In late February, Kunkel was told he couldn't attend or play any upcoming basketball games because test results indicated he was not immune to chickenpox. Kunkel and his father said he was being discriminated against because of religious beliefs.

"The fact that I can't finish my senior year of basketball, like our last couple games is pretty devastating. I mean you go through four years of high school, playing basketball, but you look forward to your senior year," he told news agencies.

Kunkel had argued that missing weeks of school may have lifelong consequences and alleged that the health department had "acted in retaliation for his exercise of his religious beliefs." The health department responded that it had ordered the temporary ban because of the chickenpox outbreak, not because he wasn't vaccinated.

Boone County Circuit Judge James Schrand rejected Kunkel's request to prevent the health department from enforcing its school and activities ban.

"The Court's ruling ... underscores the critical need for Public Health Departments to preserve the safety of the entire community, and in particular the safety of those members of our community who are most susceptible to the dire consequences when a serious, infectious disease such as varicella, is left unabated and uncontrolled," the county stated.

Source: CNN.com



Question of the Week   
Americans are asked to observe a National Moment of Remembrance at 3 p.m. annually on which one of the following days?
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Quote of the Day   
 
"President Donald Trump has directed the heads of several government agencies to cooperate with Attorney General William Barr's investigation of the origins of the Russia probe.In a memo sent out Thursday, Trump also authorized Barr to declassify documents related to the Russia investigation.The memo grants Barr the authority to 'declassify, downgrade, or direct the declassification or downgrading…[more]
 
 
—Chuck Ross, The Daily Caller
— Chuck Ross, The Daily Caller
 
Liberty Poll   

Is President Trump right or wrong to curtail negotiations on infrastructure planning until Congress stops its myriad investigations of the president?