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
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

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



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?