From Forbes, our image of the day captures nicely the mainstream media's credibility problem, as their…
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Image of the Day: Mainstream Media's Evaporating Credibility

From Forbes, our image of the day captures nicely the mainstream media's credibility problem, as their cries of "Wolf!" accumulate.  Simultaneously, it captures how three institutions most intertwined with conservative values - the military, small business and police - remain atop the list of public esteem.

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[caption id="" align="alignleft" width="960"] Media's Evaporating Credibility[/caption]

 

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October 04, 2019 • 10:29 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
Crash, Boom, Lawsuit
Wednesday, July 31 2019

A Texas man is suing Dallas Cowboys' running back Ezekiel Elliot and the organization after being involved in a car accident with the football player, claiming the Cowboys conspired with the city of Frisco police to "cover up the severity of the the accident" so Elliott wouldn't have to miss an upcoming playoff game.

Ronnie Hill alleges in his lawsuit that Elliott "barreled through a red light" on his way to practice causing him physical injuries and damages in excess of $33,000 to his BMW 750. Hill is suing Elliott and the Cowboys for $20 million.

According to legal documents, Hill claims Elliott admitted fault and the Frisco police also concluded it was Elliott's fault, saying, “At the scene of the crash, Elliott admitted fault, and the Frisco Police also concluded that the crash was Elliott’s fault. Elliott and running back’s coach Gary Brown who was on the scene told Hill not to worry about anything, go get checked out and ‘we will take care of everything.’ If anyone had actually reported the impact of the accident and had Elliott been examined he would have most likely been placed in concussion protocol and out for the Dallas Cowboys upcoming playoff game. Upon information and belief, the Dallas Cowboys conspired with the Frisco Police Department to cover up the severity of the accident to assure that Elliott’s health would not be placed in question before their playoff game.”

The city of Frisco responded to the allegation by saying it was false.

According to news reports, unless the Cowboys owned the car or Elliott was driving the car as part of his employment duties or the Cowboys in some other way caused or contributed to the accident and ensuing injuries, it will be difficult if not impossible to impose liability on the team.

Source: profootballtalk.nbcsports.com

A Good Reason to Say "Sorry"
Wednesday, July 24 2019

The Missouri Supreme Court has order a St. Louis attorney to "personally deliver a detailed letter of apology" to a circuit court judge after the attorney filed a "frivolous" lawsuit.

John F. Washington has been placed on a one year probation and ordered to apologize to St. Louis City Circuit Judge Michael F. Stelzer after it was determined Washington "engaged in serious professional misconduct by filing a frivolous lawsuit" against two judges "without any basis in law or fact."  

"(Washington)'s misconduct interfered with and caused harm to the administration of justice by disrupting the flow of criminal cases in the St. Louis City Circuit Court," the brief said.

The basis of the lawsuit goes back to 2016 when Washington filed suit charging Stelzer, two St. Louis attorneys and his ex-wife of conspiracy with respect to the 2007 dissolution of his marriage.

Washington's suit was dismissed in 2017 on grounds that judges are "completely and absolutely immune from civil lawsuits based on claims of misconduct during the performance of their judicial duties," the brief said.

According to news reports, Stelzer testified before a hearing committee that Washington's lawsuit made it "very difficult, if not impossible" for him to hear any cases pending before him, according to the brief.

Source: stlrecord.com

The Art of Suing over a Sculpture
Thursday, July 18 2019

A lawyer is being sued by a Manhattan art collector who claims the Park Avenue attorney swindled him out of a bronze sculpture for a fraction of the value.

Art collector Stuart Pivar is suing attorney John McFadden for $200 million after selling him Mademoiselle Pogani II, a piece by noted Romanian sculptor Constantin Brancusi, for $100,000. Pivar alleges he believed McFadden was brokering a deal with an auction house or museum for the sale of the sculpture.

According to the lawsuit, McFadden convinced Pivar to accept $100,000 from him for the sculpture and to have the owner listed as McFadden because it would be “advantageous” to both men if the sale was made with the attorney, rather than the art collector, listed as the owner. Now, McFadden claims he is the rightful owner of the sculpture; Pivar claims he was swindled.

“The aforesaid conduct by (McFadden) constitutes a theft by deception and a fraud [from the beginning]  as it was never the intention of the defendant to offer the sculpture for sale to the museum, but rather to obtain ownership of the statue itself by deceit, misrepresentation and subterfuge,” the suit reads.

According to the lawsuit, McFadden was fired from a Philadelphia museum for misconduct in 2014. The actual value of the sculpture was not referenced in the lawsuit.

Source: nypost.com

Coffee, Tea or a Lawsuit?
Wednesday, July 10 2019

A woman is suing Keurig, the maker of the "K-Cup" single-serve coffee pods, alleging the company deceived consumers by advertising that the pods are recyclable.

Kathleen Smith, the lead plaintiff in the class action lawsuit, argues that she and other customers would not have purchased nor paid as much for the K-Cups had they known they were not recyclable. She further claims the plaintiffs were financially injured by their purchases.

The class action lawsuit argued that most cities’ recycling facilities do not accept polypropylene plastic, the material that makes up the pods. U.S. District Judge Haywood S. Gilliam Jr., in allowing the case to move forward, noted that Smith had sufficiently established her claims, saying, “the Green Guides state that if a product is rendered non-recyclable because of its size or its components  even if the product’s composite materials are recyclable  then labeling the product as recyclable would constitute deceptive marketing.”

Keurig countered that most customers would realize that the K-Cups are not recyclable everywhere and argued that the cups are in fact able to be labeled as recyclable, per the Federal Trade Commission’s requirements for such labeling.

Source: topclassactions.com

Christmas in June?
Thursday, June 27 2019

A lawsuit over the placement of a Pennsylvania town's annual Christmas tree has ended, and the tree-lighting ceremony moved, at least for the time being.

In 2016 and 2017, Middletown's annual Christmas tree-lighting ceremony was held in front of the historic McNair House. In 2018, the owners of the home, Adam and Virginia Germak, filed a lawsuit against the city. Mayor James Curry, III, who also happens to be an attorney, recommended to the council that the tree be moved and the ceremony held in front of the historic church, St. Peter's Kierch.

"A 30-some-foot tree on property owned by the individuals suing the ICDA wasn’t a good idea.”

The move turned out to be "overwhelmingly positive" save for the Germak family. After the lawsuit was dismissed in the town's favor, the Germaks reportedly said they never objected to the tree being on their property.

“We want it here,” Virginia Germak said of the tree. “All we’ve asked is to get a signed addendum that is per the deed, and an insurance policy” protecting the Germaks from liability over the tree and the ceremony being on the property.

“We’ve been waiting on the ICDA since December 2017 for an easement agreement regarding the holiday decorations on our property, so the ball has been in their court since December 2017 and they have not acted on it,”  Adam Germak added.

Virginia Germak said the couple’s two young children were “devastated” when they learned the tree would not be in their front yard last Christmas. The Germaks claim they bought the property with the understanding the tree would be part of the deal. Now, they say they are being blamed for the tree's placement being moved.

“We were called the Grinch on Facebook,” Virginia Germak said.

According to news reports, councilor Ian Reddinger reportedly said the tree-lighting ceremony would have been held at the McNair House in 2018 if not for the Germaks filing their lawsuit.

“We were being sued by the Germaks in what I thought was a ridiculous lawsuit to begin with,” Reddinger said. “We couldn’t take the chance of someone saying, ‘We tripped.’ I didn’t want to go out of my way and invite another lawsuit” costing more tax dollars to defend.

The tree and tree-lighting ceremony will be held again at the church in 2019.

Source: pressandjournal.com



Question of the Week   
What was the Big Apple called before it was named New York City by the British?
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Quote of the Day   
 
"A motion to censure House Intelligence Committee Chairman Adam Schiff, D-Calif., for his 'parody' reading of President Trump's July phone call with Ukrainian leader Volodymyr Zelensky during a hearing last month is gaining steam with House Republicans, as Fox News has learned 135 lawmakers have now signed on as co-sponsors.The resolution to censure Schiff -- who has become a favorite target of Republicans…[more]
 
 
—Andrew O'Reilly, Fox News
— Andrew O'Reilly, Fox News
 
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