Monday, October 31, 2016

Happy Halloween

I need to change my goal of being on every white house's enemy list. In retrospect it may not really  beneficially impact the lives of others and has not significantly advance my career.

The people I normally blame for all my troubles are getting tired of it. I need some new volunteers.


When a model last minute cancels, and the the light on the volcano and pyramid view from  my front porch is not right, I'm reduced to photographing the mundane.




NYPD Officer Charged With Stealing Partner’s Credit Card For Shopping Spree

by jonathanturley
215px-NypdpatchNew York Officer Josanne Hernandez, 27, allegedly began her career as a police officer with her own crime – or at least shopping – spree. Hernandez is accused of stealing her partner’s credit card and going on a shopping bender at his expense.


Students Object To Dress Code At High School As Sexist

by jonathanturley
162px-boston_latin_school_logoA recent story involving Boston Latin School recently caught my attention. First, I attended Latin School in Chicago, which like its Boston cousin is an elite private school. Second, the story confirmed my rising concern over the trend in elementary and high schools to instill a hyper-sensitive culture. At issue is something that many of us experienced in our childhood: dress codes. The students of Latin Boston however, have risen up in disgust over such dress codes as sexist attacks on women and even a cause for a rape culture.
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Let Them Eat Pain Au Chocolat: French Presidential Candidate Triggers Controversy Over The Price of Pastries

by jonathanturley
festival_automobile_international_2015_-_photocall_-_026_cropped_2180px-marie_antoinette_adult4As our presidential campaign de-evolves into petty name calling and calls for prosecution, the French are having a quintessentially French scandal of their own. French presidential hopeful Jean-François Copé has found himself in deep fondue after admitting that he did not know the price of pain au chocolat and then radically understated the price. Sacre Bleu. The French have not been so incensed since “The Terrors” and many have denounced Copé as an out-of-touch elitist.
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Reid Alleges That Comey May Have Committed Crime In Disclosure To Congress

by jonathanturley
225px-harry_reid_official_portraitJcomey-100I just spoke on the BBC where the anchor was pursuing the question of "whether the FBI broke the law" by informing Congress of the reopening of the investigation into the emails. The allegation came from Senate Minority Leader Harry M. Reid on Sunday. However, with all due respect to our esteemed GW graduate (and I really do respect Sen. Reid), his allegation is in my view wildly misplaced. Reid is arguing that the actions of FBI Director James B. Comey violates the Hatch Act. I cannot see a plausible, let alone compelling, basis for such a charge against Comey.

Thus the law keeps hacking away until attorneys get it all:

Malvino v. Delluniversita No. 15-41435

Before KING, SMITH, and COSTA, Circuit Judges.

REVERSED and REMANDED. (October 20, 2016).

Posted in Conspiracy, Fraud, RICO-Civil, Texas Deceptive Trade Practices Act

As she approached retirement, Bonnie Pereida spent hundreds of thousands of dollars on rare coins. Thinking the coins would be a good hedge against inflation, she, during the first five months of 2011, bought 135 coins for $727,569. She passed away in October 2011. An appraisal revealed that her coin collection included a counterfeit coin, damaged coins, and coins worth far less than expected. It turned out that the majority owner of the company that sold her the coins also owned the company that acted as a purportedly independent grader of the coins, and the grades it had assigned did not reflect the collection's true value. The executor of Pereida's estate sued and obtained a $1,610,802 judgment on claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). Defendants' appeal required the Fifth Circuit to decide two issues: 1) did the RICO claim survive Pereida's death?; and 2) did the evidence establish the pattern of criminal conduct that RICO requires? Although the Court concludes that Pereida's RICO claims survived her death, it holds that the executor did not prove a pattern of racketeering activity at trial - an essential element of RICO. Despite the numerous acts of mail and wire fraud that occurred from the sale of coins to Pereida between January and May 2011, the Court reasons that that five month period is too short to establish closed-ended continuity. Thus, the Court reverses the judgment and remands for further proceedings as to state law claims on which the District Court did not enter judgment.

On Appeal from the United States District Court for the Southern District of Texas (Nelva Gonzales Ramos).
Attorney for Appellant - Farbod Farnia, Dallas, TX
Attorney for Appellee - Raymond Lyn Stevens, Beaumont, TX



"The October surprise doesn't mean anything. The bar's been lowered so much, you can't lower it any more."






Spooky Torts: The 2016 List Of Halloween Litigation Horrors

by jonathanturley
Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year's additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.
So, with no further ado, here is this year’s updated list of actual cases related to Halloween.


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