Thursday, December 1, 2016

Pushy Lawyers Lose

7.5 billion people. I approve of 4.

Angry people are starting to make me angry.

 Woke up to the good news.  Don't pay me to play, pay my husband. Stunk. We are about to fix that by saying, don't pay me to play, pay my children.  Any better? Great?

Hired recently.   I think, some people think I am black.

I am such a hypocrite and slow learner.  Complain. Complain. Complain.... and yet spent most of yesterday trying to buy a hotel in DC and marry an European wife.

Carrier Lesson.  Corporations are learning how to extort us further for more corporate welfare.

Interesting fact. New Orleans and Sealy have a night parade.

If you are so smart, how come no one is considering you for a cabintet post?


How big will the average Social Security check be in 2017?
The Motley Fool on


In just-released video, Posner calls chief justice a 'terrible' manager, blasts 'stupid' opinions

Dec 1, 2016, 8:00 am CST


Law firm is ordered to pay nearly $27K for suit over bad online reviews

A Texas judge has tossed a suit filed by a law firm over bad online reviews and ordered it to pay nearly $27,000 in attorney fees as a sanction for bringing the legal action.
The firm’s former client, Lai Cai, won dismissal of the case last week, her lawyer, Michael Fleming, told the Houston Press. Fleming emailed the ABA Journal an unofficial copy of the court order against the Law Offices of Tuan A. Khuu and Associates.
Fleming says he sought dismissal of the Houston law firm’s libel case under Texas laws protecting people from so-called SLAPP suits, or Strategic Lawsuits Against Public Participation.
Cai, a 20-year-old waitress, alleged on Yelp and a Facebook group that “super unprofessional” and “pushy” lawyers from the Tuan A. Khuu firm came to her home and into her bedroom to secure her business after a serious car accident.
Cai claimed in the Facebook post that lawyers from the firm “came to my house and into my room to talk to me when I was sleeping in my underwear. Seriously, it’s super unprofessional!”
Tuan A. Khuu lawyer Keith Nguyen had claimed Cai’s mother invited the lawyers into the home and they had no idea Cai was in her underwear. He had said he filed the suit against Cai in July because she refused to comply with a cease-and-desist letter asking her to remove the posts.
Lawyers from the Tuan A. Khuu firm did not respond to request for comment by the Houston Press.

Friend of 50 years, Dan Beto


Thanksgiving Turkey Dinner Kills Three People and Sickens Over A Dozen in San Francisco

by jonathanturley
turkey1A Thanksgiving charity dinner in San Francisco seems likely to end up in court after three people died and at least 14 people were sickened. The church-sponsored meal at the American Legion hall in Antioch, California served food prepared by various people at home. People became sick within 24 hours of the dinner.


Former Lawyer For Casey Anthony Arrested in Massive Drug Smuggling Case

by jonathanturley
thWe recently discussedthe suspension of Kirk Nurmi, the attorney for Arizona murderer Jodi Arias. Nurmi allegedly sought to cash in on his representation by revealing confidential information in his self-published book, “Trapped with Ms. Arias.” The former lawyer for Casey Anthony has fared little better. Todd Macaluso withdrew from the Casey Anthony case in 2010 after California ethics authorities accused him of mishandling client trust account money. Macaluso has now been arrested for an alleged conspiracy to fly at least 3,300 pounds of cocaine from Ecuador to Honduras in an effort to smuggle drugs into the United States.



Lawyer in First 5th Circuit Case Nets Big Win for Prisoners' Rights

ew would consider $2.44 million and $440,000 in attorney fees in a prisoner's rights case as a bad haul for a newcomer to the U.S. Court of Appeals for the Fifth Circuit.
Following her first appearance there, Christine Stetson, an associate in Beaumont's Bernsen Law Firm, bolstered the odds that her clients, family members of a detainee who died in an Orange County, Texas, jail, will win a final judgment of that size.
Her clients, whom Stetson, along with David and Cade Bernsen, represented at trial and on appeal, filed wrongful death and deliberate indifference claims against Orange County after Robert Montano died of renal failure in jail following days spent in a cell without running water or a toilet.
At trial, the plaintiff lawyers detailed how the jailers put Montano didn't take him to a physician when he cried out in pain and even put paper sheets on the observation windows of his cell so they wouldn't have to look at him crawling on the floor in his own waste. Hearing that evidence, a jury awarded the plaintiffs $1.5 million for pain damages, $917,000 for wrongful death damages and $440,000 in attorney fees.
But then in a final judgment, a trial court judge shaved off $917,000 of that after granting Orange County's post-verdict motion opposing the wrongful death findings.
A Nov. 29 ruling by a three-judge panel of the Fifth Circuit, written by Judge Rhesa Barksdale, who was joined by Judges E. Grady Jolly and Leslie Southwick, determined that the jury had been right about the wrongful death allegations. Specifically, Barksdale noted the county's lawyer at closing had conceded that Montano had been medically neglected—since that argument deflected from the deliberate indifference claims.
"Regarding whether the county's unconstitutional treatment was a substantial factor leading to Mr. Montano's death, without which his death would not have occurred, it is not necessary to look further than the county's closing argument," Barksdale wrote.
The Fifth Circuit affirmed the trial court's award, except it vacated the part of the decision that reversed the jury's wrongful-death damages. The appeals court also remanded the matter to the trial court for a revised judgment consistent with its opinion—making it highly likely Stetson's clients will get the $2.4 million unless the county seeks an en banc ruling or appeals to the nation's highest court. David Gaultney, who is of counsel in Austin to MeHaffyWeber, represents the defendants and did not return a call for this story.
For her part, Stetson welcomed the ruling. "The Fifth Circuit, although very conservative, is not going to desert a jury verdict when it is so clear that the medical services provided at the Orange County jail were so vastly unconstitutional that death was inevitable," she said.
Other plaintiffs counsel should take heart because the appeals court accepted as evidence of the county's unconstitutional customs and practices the testimony of county officials, rather than simply accepting the guidelines they claimed to follow on paper, or insisting upon specific examples of where those practices had led to other civil rights claims, Stetson said.
"Throughout the trial and throughout the appeal, the county focused on the fact that Robert was the only person to die," Stetson said. But with this ruling the appeals court clarified: "It's not the one death but because your policy was unconstitutional," Stetson said.


Steven Mnuchin, Donald Trump's pick for Treasury secretary, and Wilbur Ross Jr., his pick for Commerce secretary, discuss taxes, economic growth and trade.
Trump's Economic Cabinet Picks Signal Embrace of Wall St. Elite


Steven Mnuchin, the financier who has been tapped to run Treasury, joins other wealthy investors chosen by Mr. Trump, a sign of possible tax cuts and deregulation ahead.

President-elect Donald J. Trump said Wednesday it was
Ethics Office Praises Donald Trump for a Move He Hasn't Committed To


In a series of oddly informal Twitter posts, the Office of Government Ethics appeared to conclude, wrongly, that Mr. Trump had promised to divest his assets.

Love triangle gone very wrong.
Read more →

Freedom Of The Press In Trump’s America

Donald Trump (Photo by Isaac Brekken/Getty)
Donald Trump (Photo by Isaac Brekken/Getty)
Joe and Elie chat with libel law expert and former Bloomberg Global Media Counsel Charles Glasser about the state of the press going forward. Glasser explains why he’s actually optimistic about freedom of the press, despite Trump’s campaign rhetoric about “opening up” libel law, and the mainstream press deciding to hold off-the-record meetings in Trump Tower.



James N. Mattis, a retired Marine general, leaving a meeting with President-elect Donald J. Trump in Bedminster, N.J., last month.
James Mattis, Outspoken Ex-Marine, Is Trump's Choice as Defense Secretary


The retired general once led the United States Central Command, but his tour was cut short by the Obama administration, which believed he was too hawkish on Iran.

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