Friday, May 26, 2017

Powerful story = $27 Million

"You have to go to other people's funerals if you expect them to come to yours." -- Yogi Berra

In order to save our country, we have to make it easy for Trumpsters  to announce that we have all been misled and somehow we have to undo Trump while we can. 

We gave the wrong person the world stage.  And the world knows it.  Our choices were lousy but it's still no excuse.  Some people in the South still don't know it yet though.  They will.

The King of Not Paying What He Owes, lectures NATO about past due money.  They had to be amused.  Trump has no idea who he is talking to...countries that let us put soldiers on their land, who want to align with Democracies....but could go the other way and let Russian soldiers replace ours.  They are not without choices.

Funeral. Impressive attendance. Our largest indoor facility overfilled today.  I plan to have mine in a phone booth which should be adequate even though I'll have live band.


Good Lord


Party at my house tonight. Room for 11 guests.


College Professor Objects To Exclusion of Whites From Campus For “Day of Absence” . . . Students Denounce Him As Racist and Call For His Termination

by jonathanturley

theevergreenstate640_c0-0-640-373_s885x516There is another controversy on an American campus after a professor objected to a plan that involved excluding whites from campus.  Evergreen State College biology professor Bret Weinstein made a reasoned objection to the plan for this year's "Day of Absence" on campus. In prior years, people of color would leave the campus to highlight their contribution to the school. This year, it was proposed that whites should leave campus and Weinstein objected to the obvious unfairness of such a race-based exclusion.  The result, as shown in the videotape below, was a mob scene around Weinstein as students called him a racist and called for his resignation.  Protests have denounced his "anti-blackness" and demanded his removal from teaching.


Fourth Circuit Uphold Injunction on Trump Immigration Order

by jonathanturley
donald_trump_president-elect_portrait_croppedUS-CourtOfAppeals-4thCircuit-SealIn a stinging defeat for the Trump Administration, the United States Court of Appeals for the Fourth Circuit has upheld an injunction on the Trump Administration's immigration order.  The Fourth Circuit is widely viewed as one of the most conservative circuits and has proven the most deferential to national security powers by the Executive Branch. Indeed, the government often openly forum shops in pushing national security cases through the Eastern District of Virginia and ultimately the Fourth Circuit.  The 10-3 vote is an impressive victory for the challengers and now sets the case for the long-awaiting petition to the Supreme Court.

President Trump and the United States delegation met with European Union leaders in Brussels on Thursday.
In NATO Speech, Trump Is Vague About Mutual Defense Pledge


The president promised to "never forsake" allies but lectured NATO members on the need to pay what he said was their fair share of the alliance costs.


Rachel Rose


Report: Obama Administration Carried Out Massive and Unconstitutional Surveillance Programs

by jonathanturley
President_Barack_ObamaWith the steady stream of controversies swirling around the White House, there has been little attention given a highly disturbing report that the Obama Administration engaged in previously undisclosed and violations of the Fourth Amendment.  Just a few days from the 2016 election, the Foreign Intelligence Surveillance Court (FISA) reportedly raised a highly unusual alarm over the creation of "a very serious Fourth Amendment issue" by possibly unconstitutional surveillance conducted under President Barack Obama.  If true, this should be given equal attention to the other stories crowding our front pages and cable coverage.  The Obama Administration has a well-documented history of abuse of surveillance and stands as one of the most antagonistic administrations toward privacy in our history.  Indeed, if true, many of the former Obama officials currently testifying against the Trump Administration were responsible for a far broader scope of abusive surveillance programs.
jonathanturley | 1, May 26, 2

Trump Reportedly Denounced Germans At EU Meeting As “Evil, Very Evil” and Threatened To Curtail German Car Sales

by jonathanturley
donald_trump_president-elect_portrait_croppedPresident Donald Trump is being widely quoted by European allies as making a rather disturbing statements about Germany to EU Commissioner Jean-Claude Juncker and European Council president Donald Tusk.   German news magazine Der Spiegel is quoting multiple sources that Trump went off on Germany over the trade surplus and said that "The Germans are evil, very evil."  If true, it would not exactly be a diplomatic or even comprehensible approach. Trump also reportedly said that he would end the German car sales in the United States behind the surplus.  Der Spiegel is a widely respected publication.  However, this would be as big a story if the statement was not made.  The article describes almost open hostility and shock toward Trump. If the statement was not made (and Juncker has not denied it), it would be evidence of an open effort by top European diplomats to portray Trump as unhinged and unstable.  The White House, of course, should be able to confirm or deny the story.  I truly hope that this is a fake news story because the alternative would be unnerving.



Brooklyn Prison Supervisors Charged With Sexually Assaulting Inmates


Two supervisors at a federal jail in Brooklyn accused of sexually abusing female inmates educated subordinates about the Prison Rape Elimination Act.


Jared Kushner at the White House this month.


Jared Kushner, Poor Tenants' Legal Nemesis


Hounding struggling people, sometimes baselessly, is the sort of business experience Team Trump brought to Washington.

'Powerful Story' Wins $27.7M Judgment for Family of Man Killed in Bicycle Accident

Topping the list of what Richard Mithoff has learned in 46 years as a trial lawyer is this useful gem: "I always believe the plaintiff is exhibit A."
And that's how Mithoff, 71, won a $27.7 million judgment Friday for the family of a man killed while riding his bicycle—without any eye witnesses or hard evidence to prove how it happened.
Sure, he framed the case around the liability of the defendant — Brickman Group, a landscape company whose truck had stopped in a busy lane of traffic to unload when the bike hit the trailer from behind. Mithoff hammered away at the danger of drivers making a habit of such a practice. But the heat of the week and a half-long trial, as Mithoff told the story in an a May 24 interview, came from the widow, the young children and the mother of the man who was killed. And yes, from the deceased himself.
"Very powerful," Mithoff said of the testimony of the family, friends and co-workers of W. Mark Braswell, 43, who was a captain with the Houston Fire Department.

Mithoff said they told heroic stories of Braswell rescuing people from burning buildings. One was a high-rise that collapsed moments afterward. They said he had risked his life to run into a fire and carry out a man with no legs who would have died without him. They said he was a proud dad who had altered his normal early morning workout schedule the day he died so he could meet his daughter at school because her bike was there. He wanted to ride home with her to keep her safe. They said he was a devoted husband of 23 years to his wife, Michelle, a battalion chief at the Missouri City Fire Department. Michelle had to learn what happened to him from two cryptic messages. First the school called to find out why he never came. Then a 911 call reported a man killed on a bike.
That, too, said Mithoff, was "a powerful part of the story."
The jury delivered a $39.95 million verdict on May 3, apportioning 68 percent of the fault to the landscape company. On Friday, Judge R.K. Sandill of the 127th District Court ordered Brickman to pay its share.
Mithoff tried the case with Janie Jordan and Joseph Alexander, also of the Mithoff Law firm.
The company has said it will appeal and Mithoff acknowledged his case was "largely circumstantial." But like so many big verdicts, this one had a more universal safety issue in its sights.
Mithoff honed in on the practice of trucks stopping in traffic lanes to unload. This one was on a busy four-lane parkway with a median and a 45-mph speed limit. Witnesses disagreed about whether the truck had been stopped for seconds or minutes at the moment of impact. But one key cross examination helped prove the safety issue for the plaintiff. That was the branch manager, the driver's boss.
"I called him as an adverse party," Mithoff said. "I just took him through step by step through what he knew as a result of the investigation of this accident."
Mithoff said the manager admitted he knew it was unsafe for trucks to unload in traffic lanes, had thought about it before and yet had not done anything to stop it.
And that, he said, was another powerful moment.

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