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Tuesday, September 11 2018 |
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A California judge rejected a lawsuit filed by one Congressional candidate against another over the right to be identified as a small business owner on the November ballot.
According to news reports, a lawsuit was filed against GOP Congressional (California's 39th District) candidate Young Kim, owner of public relations firm YK Connections, claiming she did not have the right to identify herself as a small business owner. The Kim campaign blamed Democratic Congressional opponent Gil Cisneros for funding the “frivolous” lawsuit. Cisneros, who won $266 million in a Mega Million lottery jackpot, did not respond to questions whether he funded the lawsuit filed by two small-business owners.
"Winning the lotto doesn't give you the right to bully other candidates, and it certainly doesn't mean you can buy an election," said Kim spokesman David Gilliard. "The judge saw right through this false lawsuit and outright rejected this attempt to smear Young Kim's well-documented history as a local small-business owner."
In ruling for Kim and rejecting the lawsuit, Judge Allen Sumner wrote, “The court is not convinced petitioners have even made a prima facie showing Kim's ‘small business owner' ballot designation is either false or misleading. Assuming they did, Kim's declaration sufficiently rebuts any such showing."
In rejecting the lawsuit, the judge determined the case was unmerited because it didn't consider that the business in question is a sole proprietorship and is not required to file taxes or incorporation documents with the state, contrary to plaintiffs’ claim. Instead, the judge noted Kim appropriately reported the income from her sole proprietor business on her personal income tax returns.
Kim's ballot description was approved by California's secretary of state for the June 5 primary and went unchallenged. The lawsuit was filed after Kim and Cisneros were the top two finishers in the primary.
—Source: The Washingtn Free Beacon |
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Thursday, August 30 2018 |
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A homeless man in Philadelphia who acted as a good samaritan and came to the aid of a stranded woman now is suing the woman and her husband.
According to news reports, Johnny Bobbitt came across Katie McClure on an Interstate 95 exit ramp late one night. McClure's car had run out of gas. Bobbitt walked a few blocks to a local gas station and used his last $20 to purchase gas for McClure. Days later, McClure found Bobbitt again to repay him; she also visited him several more times to bring him food and water.
After the good samaritan story made national news, McClure and Mark D'Amico set up a GoFundMe for Bobbitt, which raised more than $400,000 in funds donated by more than 14,000 people. Bobbitt is now suing the couple for an undisclosed amount, alleging mismanagement of funds and fraud by taking his money.
McClure and D'Amico deny the claims, countering that they are wary of giving Bobbitt large sums of money because they fear he would use it to buy drugs. D'Amico has said Bobbitt spent $25,000 in less than two weeks in December on drugs, in addition to paying overdue legal bills and sending money to his family. The couple also bought Bobbitt a camper with some of the funds and parked it on land McClure's family owns in Florence. But Bobbitt became homeless again after D'Amico told him in June that he had to leave the property.
Christopher C. Fallon, one of Bobbitt's lawyers, told news sources the legal action was taken after D'Amico ignored multiple requests for a full accounting of the money raised by the GoFundMe campaign. A hearing has been set by the court.
—Source: chron.com |
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Thursday, August 23 2018 |
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A New Jersey lawyer is suing the borough of Leonia after it decided to close a side street from rush hour traffic that was a frequent alternate route marked on Waze, the navigation app.
Attorney Jacqueline Rosa sued after the town barred non-residents from using its roads as a short-cut to the George Washington Bridge and set up fines of $200 for violations. Rosa claims she has had to sit in an extra twenty minutes of traffic since the restrictions were put in place and traffic was spilling over into surrounding neighborhoods.
“I am filing it because thousands of people are impacted by this and someone needs to have this ordinance overturned,” Rosa said. “If every town did what Leonia did, it would be absolutely ridiculous. Every single person would have to use a highway to get anywhere.”
Leonia Mayor Judah Zeigler responded saying, “My job is to take action that I truly believe to be in the best interests of my constituents.”
According to news reports, Leonia police Chief Thomas Rowe said studies have shown more than 2,000 vehicles often pass through town from just one of the three exits off Interstate 95. The town has about 9,200 residents and a police force of 18.
The state Attorney General’s Office recently joined the lawsuit on behalf of the Department of Transportation, claiming the closures are illegal.
—Source: newyork.cbslocal.com |
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Thursday, August 16 2018 |
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A former Idaho Supreme Court Justice is suing the public school districts in his state for charging students fees.
Justice Robert Huntley filed a class action lawsuit alleging that charging the fees "constitutes an unlawful deprivation and taking of private property without due process of law or just compensation" in violation of the students' rights under the Fifth and Fourteenth Amendments to the U.S. Constitution. The lawsuit also claims school supply lists of items for students to purchase "amounts to a form of state coercion of plaintiffs to pay for essential elements of a free public education."
According to news reports, the complaint further charges that school districts have created an environment fueled by peer pressure on students to buy such supplies. Huntley wants school districts to stop charging and to reimburse parents for money spent and fees since 2012.
"School leaders and patrons should insist that the governor and the legislators honor their constitutional duty to properly fund education," he said. "We are hopeful this lawsuit will give them the impetus to do so."
Huntley served on the highest court from 1982-89. He was the Democratic nominee for governor in 1998.
—Source: cdapress.com |
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Thursday, August 09 2018 |
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A company sued its customer after she cancelled an order for a t-shirt.
FallenHeroBracelets.com, which claims to share its proceeds from sales of t-shirts and other items with veteran organizations, sued customer Claire Snodgrass for $1100. According to news reports, Snodgrass ordered a $40 t-shirt from the company. After not receiving the t-shirt for several weeks, Snodgrass cancelled her payment. Months later, the t-shirt arrived with a letter from the owner of the company stating he was taking her to collections for cancelling the payment.
“Saying he’d already sent me to collections… he was going to charge me with criminality and bank fraud. So I sent the tee-shirt back,” said Snodgrass.
Calling the lawsuit frivolous, a county judge threw out the lawsuit against Snodgrass.
In a separate matter, the State of Washington is suing the company, accusing it of being deceptive after no evidence of donations could be found. The Attorney General’s office is suing in an attempt to shut down the website and is seeking $2,000 in penalties for customers who complained
—Source: Kgw.com |
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