Ashton Ellis, CFIF Contributing Editor, discusses what Congress should do if the Supreme Court strikes…
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Clock Ticking Down on SCOTUS' Decision On ObamaCare Subsidies

Ashton Ellis, CFIF Contributing Editor, discusses what Congress should do if the Supreme Court strikes down ObamaCare subsidies for health insurance purchased on exchanges set up by the federal government, why some Americans had to pay back the IRS for ObamaCare subsidies, and the negative implications of ObamaCare across the nation.

Listen to the interview here.…[more]

May 22, 2015 • 12:23 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
"Fight of the Century" Lands in Court
Wednesday, May 20 2015

Boxing fans are suing after the highly-touted televised boxing match between Floyd Mayweather Jr. and Manny Pacquiao ended in Pacquiao's loss.

More than thirty lawsuits have been filed across the country, seeking more than $5 million each (the federal class action threshold amount), over allegations that Pacquiao and his team knew about the fighter’s shoulder injury before the fight in Las Vegas but failed to report it to the Nevada Athletic Commission, something that is required by law. The multitude of lawsuits contend that the "fight of the century" ended up being the "fraud of the century." All of the suits name Pacquiao and his management company as defendants; some of the suits include Mayweather Jr. and his team, as well as HBO, Showtime and cable companies, among the defendants.

The fight is estimated to have generated over $350 million. Three million customers in America alone paid $100 to watch the fight on pay-per-view.

A federal panel of judges will likely first need to decide if the cases from multiple states and Puerto Rico should be consolidated into one case. From there, a judge would have to decide whether to certify them as class actions or not.

“The allegations in this lawsuit are demonstrably false,” said attorney Daniel Petrocelli, who represents Top Rank, Pacquiao’s management company. “There are documents that explicitly show the medications that Manny was using to treat his shoulder and it was fully disclosed with Usada, which we contracted for this fight.”

The Nevada Athletic Commission, however, has already said it is not happy with how Pacquiao’s team dealt with the injury. “The first I heard of this was at 6:08 pm when he [Pacquiao] arrived in the locker room,” the commission chairman, Francisco Aguilar, said. “I have no proof of the injury. If he told us on Friday, we would have got the MRIs and there are a lot of things we could have done.”

Pacquiao is scheduled to have surgery on his shoulder. According to news reports, Mayweather Jr. has agreed to fight Pacquiao once he recovers from surgery.

Sources:  theguardian.com and news.yahoo.com

No Good Deed Goes Unpunished
Wednesday, May 13 2015

A North Carolina police officer recently lost his lawsuit over a cup of hot spilled coffee.

According to news reports, Starbucks gave Officer Matthew Kohr a free venti (its largest cup) when he asked for a small and employees failed to give him a sleeve. Kohr took the coffee anyway and proceeded to spill it on his lap when the lid fell off. Kohr sued the coffeehouse for $750,000.

But the jury didn't show much sympathy after learning that Kohr drove home and took pictures before getting medical care; the jury ruled in favor of Starbucks.

“We are pleased with the jury's decision as we believe our partners (employees) did nothing wrong,” wrote a Starbucks spokeswoman in an email. “The safety of our customers and partners will continue to be our top priority.”

Source:  charlotteobserver.com (NC)

Check the Trash
Thursday, May 07 2015

A south Florida man is suing a hospital for emotional distress after his amputated leg was discovered in a hospital dumpster.

After John Timiriasieff had his right leg amputated below the knee at Doctors Hospital in Coral Gables, the leg was discovered at a waste management facility and reported to local authorities. A month later, his family was contacted by homicide detectives investigating whether foul play led to the leg being thrown in the hospital garbage.

"Rather than properly disposing of the plaintiff's limb as expected and as required by Florida law, Doctors Hospital threw the Plaintiff's amputated limb into the garbage, with tags indicating it belonged to the Plaintiff," according to the lawsuit filed in Miami-Dade County Circuit Court.

Normally, amputated limbs are incinerated by hospitals. The lawsuit noted that when the family went back to the hospital to find out what happened, they were told it would "provide no explanation for what had occurred." Timiriasieff described the hospital's conduct as "outrageous and beyond the bounds of human decency as to be regarded as odious and utterly intolerable in a caviled community."

Doctors Hospital said it could not discuss the incident because of patient privacy considerations, other than to say, "Proper procedures have been reinforced at the hospital to prevent similar situations from happening in the future."

"I have heard of people having the wrong limb removed but hospitals aren't supposed to throw them away," Timiriasieff's lawyer said, noting that Timiriasieff is particularly upset by the hospital's unwillingness to accept responsibility and its failure to protect his private medical information.

Source:  reuters.com

This Bark Has Bite
Thursday, April 30 2015

An Oregon couple has been awarded nearly $240,000 in damages after suing their neighbors because of their constantly barking dogs.
 
Dale and Debra Krein sued their neighbors, John Updegraff and Karen Szewc, for what they described was a decade of ceaseless barking by the defendants’ Tibetan mastiffs. According to news reports, the defendants started breeding the dogs at their home around 2002. The plaintiffs claimed the dogs would often begin barking at 5 a.m. and wouldn’t stop all day. Despite being cited by the Jackson County Animal Control in 2002 and 2004 for violating public nuisance codes, the barking continued. The Kreins sued.
 
In the lawsuit, defendants claimed their dogs were necessary to protect their livestock from predators. The court, however, found that the Tibetan mastiffs weren't ideally suited to be livestock guardians and ordered them debarked within 60 days or replaced with a more suitable breed.
 
Source: kgw.com (Portland, Oregon

Don't Think and Drive
Wednesday, April 22 2015

The Virginia Supreme Court recently ruled against a local attorney who was suing his former law firm's insurance carrier claiming liability on the firm's part because he was thinking about work on the way to the office.

H. Christopher Bartolomucci, a former partner at Hogan Lovells, was involved in a traffic accident on his way to work, resulting in a lawsuit filed by the injured driver of the other car who sued Bartolomucci for $1 million. With Bartolomucci's own liability coverage capped at $100,000, he sought to establish that his vehicle was covered by the firm's insurance policy since he was thinking about work-related issues in the car while on the way to the office.

Despite his argument that he sometimes works from home and thus was traveling between work locations, Bartolomucci failed to persuade the court that he was working and the court overturned a jury finding.

Source: Wall Street Journal



Question of the Week   
Americans are asked to observe a National Moment of Remembrance at 3 p.m. annually on which one of the following days?
More Questions
Quote of the Day   
 
"[I]n our effort to accommodate many Americans by making the last Monday in May, Memorial Day, we have lost sight of the significance of this day to our nation. Instead of using Memorial Day as a time to honor and reflect on the sacrifices made by Americans in combat, many Americans use the day as a celebration of the beginning of summer."…[more]
 
 
—Former Senator Daniel Inouye (1924-2012)
— Former Senator Daniel Inouye (1924-2012)
 
Liberty Poll   

Do you support or oppose re-authorization of the Patriot Act, which includes NSA bulk collection of phone data without warrants?