From AEI, something to remember when we're told that the middle class in America is disappearing. …
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Image of the Day: Middle Class Shrinking... In a Good Way

From AEI, something to remember when we're told that the middle class in America is disappearing.  It's disappearing because people are moving upward:

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[caption id="" align="alignleft" width="1569"] Middle Class Disappearing... Upward[/caption]

 

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August 19, 2019 • 10:12 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
Loser Pays
Wednesday, June 05 2019

The Arizona Supreme Court has upheld a lower court's ruling requiring a Phoenix law firm to pay nearly $150,000 in legal fees over what the lower court concluded was unfounded litigation.

According to news reports, Statecraft LLC filed a lawsuit against the town of Snowflake and Copperstate Farms, a limited liability company that had received a special use permit from the municipality to grow marijuana in an existing greenhouse. Several residents, represented by Statecraft, filed suit, alleging, among other things, "illegal contract zoning."

Lower court Judge Donna Grimsley dismissed the case and ordered Statecraft to pay the legal fees roughly $40,000 to the town and $109,000 to Cooperstate. The appellate court upheld the decision, finding there was more than enough evidence the lawsuit should never have been filed.

"There is no public interest in a frivolous lawsuit, and discouraging groundless litigation is what the legislature intended," the appellate court concluded. Without comment, the Arizona Supreme Court declined to review the ruling.

Kory Langhofer, a Statecraft attorney, maintains the trial judge "simply got it wrong," warning of the implications of the Supreme Court's decision to leave the lower ruling intact, saying it "will inevitably chill thoughtful cases of first impression in Arizona courts."

Source: tucson.com

Not a Magical Experience
Wednesday, May 29 2019

A woman is suing Walt Disney World for unspecified damages in excess of $15,000 after being "dive-bombed" by a seasonal migrating bird at the popular resort.

Lisa Dixon of Celebration, Florida, claims she suffered a severe brain injury while walking along a dock at Disney's Polynesian Village Resort. According to news reports, the lawsuit alleges Disney knew that seasonal migrating birds were a threat to resort guests but refused to do anything about them or warn guests.

“If there’s a company that’s well-versed in safety, it should be Disney,” the woman’s lawyer, Thomas Schmitt, told reporters. “It’s changed her life."

Disney representatives countered that they plan to address Dixon's allegations in court.

Source: nypost.com

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



Question of the Week   
Which one of the following ships started out as a racing vessel, was fitted out as a slave ship, a Union gunboat and ultimately sank as a commercial vessel?
More Questions
Quote of the Day   
 
"With Americans working and with money in their pockets again, with the 2020 election approaching, Democrats are reaching for the race card the way a sick man reaches for the waters of Lourdes. Desperately. Their allies in media followed suit, with Trump called everything from a white supremacist, to a Nazi, and on and on. ...Watching our politics, as some Americans have their individuality stripped…[more]
 
 
—John Kass, Chicago Tribune
— John Kass, Chicago Tribune
 
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