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
Some Lawsuits Just Stink
Thursday, March 07 2019

A railroad company has filed a lawsuit defending its right to terminate an employee who admitted that during a train stop he defecated on a knuckle that joins a locomotive and box car.

According to news reports, Union Pacific terminated the engineer for his actions, which also included throwing a feces-covered tissue out the window of the locomotive, informing his manager that he left a "present" for him, and extending his middle finger twice to a security camera on the train. After the engineer accepted "full and complete responsibility for his actions," Union Pacific terminated him under a rule that prohibits conduct that is "negligent, insubordinate, dishonest, immoral, quarrelsome or discourteous."

Following the termination, the union representing the engineer appealed. Following the denial of its appeal, the matter was sent to an arbitrator, who ruled the termination was "excessive discipline" and said the railroad should have required the employee to undergo a medical psychological evaluation.

In its recent lawsuit, the railroad is seeking to have the arbitrator's finding set aside on grounds the arbitrator exceeded his authority, and its seeking payment of its court costs and "any other relief the court deems just and proper."

Source: journalstar.com

Hottest Ticket Burns Houston Lawyer
Wednesday, February 27 2019

A Houston lawyer is suing Ticketmaster after it failed to refund his money for tickets he purchased for the wrong day to see the highly popular musical "Hamilton."

According to news reports, Joshua Davis intended to buy three tickets  one each for him, his wife and oldest daughter  to see the popular musical while visiting New York City in March. At some point during the transaction, Davis apparently hit the "back" button and the date reverted back to January 17. Davis claims he thought he stopped the purchase by exiting out of the website, but his credit card was still charged $2,325.20 for the January tickets. After immediately calling Ticketmaster and waiting on hold for an extended period of time, Davis alleges a “resolution specialist” informed him that Ticketmaster refused to make the change or refund the money.

The only recourse Davis claims Ticketmaster allows for purchases made in error is to resell the mistaken tickets (for no less than paid) and with a resale fee to Ticketmaster. Davis’ lawsuit charges fraudulent inducement and breach of contract causes of action, and he claims Ticketmaster violated the Sherman Antitrust Act on the ground that its position in the marketplace constitutes a monopoly on the lawful sale of tickets.

"This isn’t right and it’s unfortunate they refused to treat it as a customer service issue," Davis said. "Thank goodness I have a law license."

Source: law.com

Now That's Scary
Wednesday, February 20 2019

A Pennsylvania woman and her teen daughter are suing an Allentown-area amusement park, claiming the park's costumed ghouls were too scary.

According to news reports, Shannon Sacco and her daughter are seeking more than $150,000 in damages against Dorney Park, Wildwater Kingdom and its parent company, Cedar Fair, after the girl visited the amusement park's haunted attraction and suffered a fall when a costumed employee ran up behind her and shouted in her ear. The family alleges the girl asked the ghouls to leave her alone because she didn't want to be scared and further claims the companies were negligent in their operation of the attraction, in part for failing to inform the girl she could buy a glow-in-the-dark "No Boo" necklace to ward off employees in monster costumes.

The lawsuit claims the girl allegedly had to undergo medical treatment, which may continue in the future, and that she has been unable to carry on her usual activities or hold a job.

Source: fox43.com

From One Figure to Nine Figures
Wednesday, February 13 2019

An app developer is suing Kim Kardashian, seeking a nine figure resolution, after claiming the reality star pushed him out of a deal for animated emojis and GIFs of the Kardsashian clan.

David Liebensohn is suing Kardashian for at least $100 million for breach of contract and fraud. According to news reports, Liebensohn and his business partners were contacted by Kardashian to develop animated emojis of Kardashian, called "Kimojis." Liebensohn claims Kardashian agreed to give him and his partners a 60 percent cut, but that she insisted on filing the trademark paperwork for "Kimoji." Shortly after filing for the trademark, Kardashian backed out of the deal, claiming one of Liebensohn's partners had shared some of her personal information. Liebensohn says Kardashian knew about the alleged sharing of the personal information before they struck the deal and that she later simply used it as an excuse to back out.

Kardashian's lawyer, Marty Singer, told news organizations that the "lawsuit filed against Kim Kardashian is ridiculous and absurd. The parties entered into a binding settlement agreement in 2014 in which Kim gave up multi-million dollar claims against Mr. Liebensohn and his partners. Mr. Liebensohn waited more than 4 years to claim the agreement wasn't binding on him. Kim commenced arbitration in December 2018, and after Mr. Liebensohn was unsuccessful in stopping the arbitration he filed this meritless lawsuit. We feel confident we will get the case dismissed."

Source: tmz.com

May I Have This Dance?
Thursday, February 07 2019

The mother of a boy affectionately known as "orange shirt kid" is suing Epic Games, the makers of the popular video game "Fortnite," for including her son’s awkward "orange justice" dance in the game.

According to news reports, the orange shirt kid submitted the dance to Epic Games as part of a dance contest called BoogieDown. After he did not win, Fortnite players convinced Epic Games to include the dance. Now, his mom is suing, even though the rules for the dance contest made it clear that all submissions could be used and that no one would be paid for use of a selected dance. Epic further contends the dance was also never sold, but instead given away as part of the free battle pass.

In the lawsuit, the boy’s mother, Rachel McCumbers, says that orange shirt kid exploded in popularity in or around early 2018 after he made a video of himself performing his dance called "the Random." The lawsuit further claims the dance is no longer called "the Random," but "Orange Justice." McCumbers is seeking unspecified damages.

Source: Variety.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?