In rare but refreshing bipartisan good news out of Congress, Senator Thom Tillis (R – North Carolina…
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Members of Congress Stand Up for Property Rights

In rare but refreshing bipartisan good news out of Congress, Senator Thom Tillis (R – North Carolina) and Representatives Ben Cline (R - Virginia), Theodore Deutch (D - Florida), Martha Roby (R - Alabama) and Harley Rouda (D – California) have just taken a firm stand protecting property rights – copyrights specifically – and merit our praise.

As we’ve long highlighted, property rights constitute a central pillar of “American Exceptionalism,” and that includes intellectual property (IP) rights – copyrights, patents, trademarks and trade secrets.   Our Founding Fathers considered IP so important that they deliberately and explicitly singled it out for protection in the text of the Constitution.  As a direct result, we’ve become the most innovative and prosperous nation…[more]

December 06, 2019 • 02:15 pm

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
Lack of Respect for Appellate Process Warrants Sanctions
Thursday, August 15 2019

An Illinois state appeals court is imposing sanctions against a woman whose attorney filed an appeal that displayed a "total lack of respect for the appellate process."

According to news reports, Elena Chernyakova sued Northwestern Memorial Hospital, McGaw Medical Center and Dr. Vinaya Puppala, alleging the doctor accessed her medical chart and posted her photo on social media without consent. After the case was dismissed against the hospital and medical center, a $250,000 settlement against the physician was negotiated and the records sealed.

Chernyakova then appealed the summary judgment against the hospital and medical center. Both organizations sought to have the settlement agreement unsealed, and the court agreed.

Following the unsealing of the settlement transcripts, it came to light that the plaintiff had given the physician, who she knew socially, permission to take her picture.

"We find that the contents of the unsealed settlement transcript, as well as other materials contained in the supplemental record before us, lead to the inescapable conclusion that this appeal is frivolous and is being pursued in bad faith," Justice Daniel Pierce wrote for the panel.

"The record before this court reflects that (Chernyakova) agreed to tell the world that her claims of misconduct by Puppala did not happen, and that she has told the licensing authority in Georgia just that," Pierce wrote. "This court will not abide the duplicity of plaintiff’s conduct."

Source: cookcountyrecord.com

Dodging a Legal Case
Wednesday, August 07 2019

A 10-year-old boy in Michigan was accused of assault after throwing a ball at the head of another boy during a schoolyard dodgeball game.

According to news reports, the boy “sustained facial issue damage to his face. He had a black eye and a bruised nose.” The mother of the boy who was hit by the ball said she sought legal action because this was not the first time her son had been targeted.

In a Facebook fundraiser seeking support for legal fees, the mother of the accused explained that her son threw the ball at the boy, causing a concussion, and that her son had been suspended from school and then informed of the assault charges.

Prosecutors investigating the case have since decided to drop the charges. “While the charge in this case is certainly sustainable, I have instructed my staff to dismiss this case today,” Maria Miller, assistant prosecuting attorney at the Wayne County Prosecutor’s office said in a press release.

Source: cbsnews.com

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



Question of the Week   
Where is the USS Arizona Memorial located?
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Quote of the Day   
 
"Former Vice President Joe Biden said in an interview Friday that he was never warned about potential conflicts of interest involving his son's position with a Ukrainian energy company -- a claim that conflicts with what a former Obama administration official told The New Yorker earlier this year.'Nobody warned me about a potential conflict of interest. Nobody warned me about that,' Biden told NPR…[more]
 
 
—Chuck Ross, The Daily Caller
— Chuck Ross, The Daily Caller
 
Liberty Poll   

Should House Intelligence Committee Chairman Adam Schiff be investigated for subpoenaing and publishing call log records (with no details or context) of another member of congress, the president's attorney, a journalist and others?