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Liberty Update

Lee:  Humiliating New Legal Defeat for Obama Administration, but Rule of Law Remains in the Balance

Senik:  America's Civic Failure: Have We Gotten What We Deserve?

Ellis:  IRS, Immigration Scandals Are Destroying the Obama Administration's Credibility

Podcast:  The Ever Changing and Never Ending Negative Consequences of ObamaCare

Jester’s Courtroom:  Not Such Good Vibrations

Editorial Cartoons:  Latest Cartoons of Michael Ramirez

Quiz:  Question of the Week

Notable Quotes:  Quotes of the Week

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July 25, 2014 • 11:59 am

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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 Such Good Vibrations
Wednesday, July 23 2014

An appellate court judge dismissed a recent lawsuit against Wal-Mart and Ticketmaster, calling the lawsuit “the most frivolous complaint I have ever seen.”

Edward J. Mierzwa sued the retail giant and ticket-service company after he couldn’t get the Beach Boys tickets he wanted at a self-service Ticketmaster at the local Wal-Mart. Rather than obtain tickets for the “reserved seats” that went on sale at 10 a.m., Mierzwa’s transaction wasn’t completed until 10:04 a.m., resulting in “outer perimeter” seats.

According to his lawsuit, “the opportunity was squandered” because a Wal-Mart employee was not immediately available to complete the transaction. Mierzwa claims the action was a violation of the New Jersey Consumer Fraud Act.

In tossing the complaint, the judge said Mierzwa still received the "best available seats" available when the order was entered.

In upholding the lower court ruling, the appellate court agreed with the dismissal of the suit, saying that Mierzwa failed to prove the three elements of fraud — unlawful conduct, a loss and a relationship between the unlawful conduct and the loss.
Source: Texans for Lawsuit Reform

He's Out (Literally)
Wednesday, July 16 2014

A New York baseball fan is suing ESPN after allegedly being mocked by two of its announcers for snoozing in Yankee Stadium during the April 13 night game between the Yankees and the Boston Red Sox.

Andrew Rector, who admits to catching a few zzzzs during the game, has filed a $10 million defamation suit against the team, the sports network, its play-by-play man Dan Shulman and big-leaguer-turned-commentator John Kruk.

In his lawsuit, Rector claims Kruk unleashed an “avalanche of disparaging words” over his nationally televised nap, including such "false statements" as Rector was "not worthy" to be a Yankee fan and “is a fatty cow that need (sic) two seats at all time (sic) and represent (sic) symbol of failure.” Rector further claims to have "suffered substantial injury" to his "character and reputation," as well as “mental anguish, loss of future income and loss of earning capacity.”

In a statement, ESPN refuted Rector’s claims. “The comments attributed to ESPN and our announcers were clearly not said in our telecast. The claims presented here are wholly without merit.”

Rector’s lawyer, Valentine Okwara, told news reporters, “We’ll settle this in court.”

Source: nypost.com

Holy Moly, This Is Going To Be Interesting
Tuesday, July 08 2014

A group of Illinois nuns are suing a neighboring strip club, charging the club is a public nuisance and violates state law.

According to news reports, the Missionary Sisters of St. Charles Borromeo Scalabrinians claim that nearby "gentleman's club" Club Allure violates state law because it sits within 1,000 feet of their religious order.  Moreover, the nuns complain that the club keeps them up at night with "blinking neon lights and loud thumping music."

The club's owner, Sean O'Brien, who reportedly was raised Roman Catholic, though he admits he's no longer practicing, said the dispute with the nuns is "ideological."

"We have a right to be here as much as they do," he said. "We contribute to the community also, tax dollars, local jobs. We buy all of our supplies locally."

Source: The Chicago Tribune

Unwanted Tweets Ruffle Feathers
Tuesday, July 01 2014

A Massachusetts woman is suing social media site Twitter for allegedly blasting spam messages to her cellphone.

Beverly Nunes has filed a class action lawsuit in San Francisco, and she is seeking more than $5 million under a federal law that restricts robo-calling.  According to news reports, Nunes claims Twitter has been blasting spam messages to "recycled" phone numbers and ignoring the recipients' pleas to stop. Nunes, who says she received a reassigned number from her phone company, says she has never used Twitter but that she is receiving the tweets because Twitter is disregarding policies about disconnected numbers.

The class action claims that Twitter should pay $500 for each unwanted text message under the Telephone Consumer Protection Act, a 1991 law directed at telephone calls, but which the complaint says applies to text messages as well.

“We believe these claims are without merit and will vigorously defend ourselves against them,” Twitter said in a statement.

Source:  gigaom.com

It's All Greek To Me
Wednesday, June 25 2014

Two New York men have filed a class-action lawsuit in Brooklyn Federal Court against Chobani Greek Yogurt, alleging false advertising because, according to their claim, “[n]one of the Products sold in the U.S. are made in Greece or made by Greek nationals…”

Plaintiffs Barry Stoltz of Scarsdale and Allan Chang of Queens are seeking unspecified monetary damages for allegedly being tricked into believing that the products are made in Greece and imported from Greece.

"Much like English muffins and French fries, our fans understand Greek yogurt to be a product description about how we authentically make our yogurt and not about where we make our yogurt in upstate New York and Idaho," a Chobani spokesperson said.

Source:  dailysignal.com

Question of the Week   
Mandatory vaccination laws were first enacted in the U.S. to prevent the spread of which one of the following communicable diseases?
More Questions
Quote of the Day   
"Congress can overturn an executive order. It can overturn parts of an executive order. If the executive order is based on a statute, Congress can change the statute, thereby nullifying the order. Congress can also refuse to fund activities stemming from all or part of the executive order. ...  In addition, a targeted move to overturn an executive order on immigration -- an order which could, according…[more]
—Byron York, The Washington Examiner Chief Political Correspondent
— Byron York, The Washington Examiner Chief Political Correspondent
Liberty Poll   

Is significant, proven plagiarism sufficient to disqualify, in the minds of voters, any candidate for public office?