Saturday, February 25, 2017

30 years

I won a case today and all I had was the facts and the law on my side.

Trump loves Americans....but not enough to ever marry one.

True story.  Today a 78 year old grandmother came to my office and reminded me that 30 years ago I got her sole custody of her 7 year old grandaughter.  Then she introduced me to her 37 year old beautiful grandaughter and told me I needed to do it again! I didn't tell her I don't remember her nor how we did that.  I know it takes a while to build a practice....but....

Just once I would like to do something interesting enough to broadcast live on Facebook.

I wonder how many stockholders in private prison companies have sat on a jury in criminal cases?


If great artists were alive today....


Federal judge goes out on a 'lonely limb' and blocks Colorado town's ban on topless women

Feb 23, 2017, 10:28 am CST


Law Professors File Ethics Complaint Against Kellyanne Conway

by jonathanturley
kellyanne_conway_by_gage_skidmore_3A group of 15 ethics law professors from around the country has filed bar charges against  White House counselor Kellyanne Conway.  For full disclosure, Conway is one of my former students at  George Washington University Law School (she graduated in 1995).   The letter from 15 professors alleged ethical violations of government rules as well as  “conduct involving dishonesty, fraud, deceit or misrepresentation.”  Most of the allegations in the letter are, in my view, without merit and seem overtly political.  The one issue that has already been raised in Congress and has a legal foundation is the alleged endorsement of Conway of the product line of Ivanka Trump.  That is a technical violation of federal rules, but the question is whether it was a venal rather than mortal sin.  The "violation" was the result of a side comment by Conway on television criticizing the decision of Nordstrom to drop the line.  The White House Counsel's office let it be known that Conway had been "counseled" over the infraction.  However, ethics charges should not be a form of politics by other means and, with all due respect to these accomplished academics, this letter strikes me as raising largely political objections to Conway's work as a spokesperson for the Administration.


Republicans Accuse Voters of Using Town Halls
to Express Themselves



Pin Up


Sean Spicer, the White House press secretary, during a briefing on Thursday.
Trump Intensifies His Attacks on Journalists and Condemns F.B.I. 'Leakers'


Reporters from The Times and other outlets were not allowed to enter the office of the press secretary, Sean Spicer, in an unusual breach of protocol.


One good thing about photographing flowers is that their beauty lasts much longer


Justice Department reinstates policy allowing private prisons to house federal inmates

Feb 23, 2017, 4:42 pm CST

========================================================================Liz Ashley


Vaughan v. Anderson Regional Medical Center No. 16-60104
(February 15, 2017 Order Denying Rehearing En Banc and Substituted Opinion).
Before BENAVIDES, HAYNES, and GRAVES, Circuit Judges.
DENIED. (December 16, 2016).
Posted in Age Discrimination in Employment Act, Damages, Punitive Damages
This single-issue interlocutory appeal arose out of a wrongful termination lawsuit filed by Susan Vaughan, a nurse supervisor, against Anderson Regional Medical Center. Vaughan alleged the Medical Center discharged her in retaliation for raising age-discrimination complaints. Vaughan's claims invoked the Age Discrimination in Employment Act (ADEA), and she sought, inter alia, damages for pain and suffering and punitive damages. The District Court dismissed those claims because Fifth Circuit precedent bars such recoveries under the ADEA. In an opinion released on December 16, 2016, the Fifth Circuit agreed that Dean v. Am. Sec. Ins. Co., 559 F.2d 1036 (5th Cir. 1977), required dismissal of Vaughan's pain and suffering and punitive damages claims. Dean held in unqualified terms that "neither general damages [i.e., compensatory damages for pain and suffering] nor punitive damages are recoverable in private actions posited upon the ADEA." Dean, 559 F.2d at 1040. The Court reasoned that its opinion in Dean applied to all "private actions posited upon the ADEA," Dean, 559 F.2d at 1040, including Vaughan's ADEA retaliation claim.  Thus, the Court explained that under Dean, Vaughan could not invoke the ADEA as a basis for general compensatory damages for pain and suffering or punitive damages. Perceiving no intervening change in law that would lead it to set Dean aside, the Fifth Circuit affirmed the judgment of the District Court. Vaughn filed a petition for rehearing en banc. Treating Vaughan's petition as a petition for panel rehearing, the Fifth Circuit, in an order released February 15, 2017, denies panel rehearing. The Court, however, withdraws its opinion of December 16, 2016, and substitutes a new opinion in its place. The substituted opinion reaches the same result, and reinforces that that Dean held that similar language in the ADEA's remedy provision did not make pain and suffering damages available, because such damages would frustrate the ADEA's preference for administrative resolutions. See Dean, 559 F.2d at 1038-39. The Court emphasizes that this preference remains in the ADEA, and requires the same result reached in Dean for all "private actions posited upon the ADEA." See id. at 1040. The Court expresses no view on how this remedial language should be applied in FLSA retaliation cases.
On Appeal from the United States District Court for the Southern District of Mississippi (Carlton W. Reeves).
Attorney for Appellant - Robert Nicholas Norris, Jackson, MS
Attorney for Appellee - Romney Hastings Entrekin, Laurel, MS




picture of my hybrid car


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