Saturday, July 15, 2017

White House is a who's who of Nationally known Criminal defense attorneys these days


The White House is a who's who of Nationally known Criminal defense attorneys these days. That's not how I was thinking "great again" would go.


Governor Abbott just promised more of the same. I would have picked a different campaign slogan.
Thank you to all the robots on photography sites that constantly email me about how great my pictures are.  You just don't know how much that means to me.

To get over my fear of being nude in public, my psychiatrist suggested just not to do it.  What's not to love about this guy?


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The leader of the free world tells us not to trust the media. Stay put and look for a tweet.




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BREAKING NEWS
A Russian-American lobbyist says he attended a June 2016 meeting with President Donald Trump’s son that was billed as part of a Russian government effort to help the Republican campaign.
Rinat Akhmetshin confirmed his participation to The Associated Press Friday. His disclosure marks another shift in the account of the meeting.
Donald Trump Jr. did not disclose Akhmetshin’s presence in statements and emails he released on the meeting earlier this week.

To read the full story, visit: www.BostonGlobe.com.


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Video Shows Orlando Police Pulling Over Florida State Attorney - The ...

https://www.nytimes.com/2017/07/13/us/florida-state-attorney-police-stop.html
19 hours ago - Aramis D. Ayala, the chief prosecutor in Orlando and the first black prosecutor ... Video Shows Orlando Police Pulling Over Florida State Attorney .... She faced backlash from officials, including the state attorney general, Pam ...

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USA TODAY: Latest World and US News   Remove
by The (Bergen County, N.J.) Record, 57 mins ago  .  Save  .  Twitter  .  Facebook
At this one intersection, cars had hit seven people in the 2 years before.         .. Read More →

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I think my photograph needs a human to add more interest.






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Liu Xiaobo, Chinese Dissident Who Won Nobel While Jailed, Dies at 61

By CHRIS BUCKLEY

Mr. Liu, who was convicted in 2009 of inciting subversion and sentenced to prison, was given medical parole recently to be treated for late-stage cancer. 

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Vivian










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Today's Videos


REUTERS/Carolyn Kaster
Video Video: Trump Compliments Brigitte Macron's Body
President Trump was captured on video complimenting the physical appearance of the wife of President Emmanuel Macron of France. 

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Top Saudi Cleric: Driving Will Expose Women To Evil

by jonathanturley

Grand Mufti Sheikh Abdul Aziz bin-Abdullah al-Sheikh has again made a mockery of his own religion.  We previously discussed how the Sunni religious leader banned Muslims from playing chess.  Now he is warning that driving is a road to perdition for women and is a "dangerous matter that exposed women to evil."  







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Govs. Gina Raimondo of Rhode Island, Brian Sandoval of Nevada and Terry McAuliffe of Virginia at the National Governors Association in Providence, R.I., on Friday.
Governors From Both Parties Denounce Senate Obamacare Repeal Bill

By JONATHAN MARTIN and ALEXANDER BURNS

The nation's governors, gathered for their annual conference, came out against the latest bill to repeal the Affordable Care Act but for very different reasons. 


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Jamie Dimon: "Almost an embarrassment being an American"



Last Updated Jul 14, 2017 5:00 PM EDT
JPMorgan Chase (JPM) CEO Jamie Dimon lashed out at U.S. government policy during the company's quarterly earnings conference call on Friday.
"It's almost an embarrassment being an American citizen ... and listening to the stupid s--- we have to deal with in this country," Dimon said.
Dimon was answering a question from UBS analyst Saul Martinez about whether political gridlock seemed likely to stunt the nation's economic growth. The CEO, regarded by many as the country's foremost banking executive, took it as a chance to deride U.S. policies, which he said are hindering faster expansion. 
"I was just in France. I recently in Argentina, was in Israel, was in Ireland. We met with the prime minister of India and China," Dimon said. "It's amazing to me that every single one of these countries understands that practical policies that promote business and growth is good for the average citizens of this countries, for jobs and wages, and that somehow, this great American free enterprise system, we no longer get it."
"The American business sector is powerful and strong, and it's going to grow regardless," he went on. "What I'm saying is, it will be much stronger growth had we made intelligent decisions and we were not gridlocked." 
Specifically, Dimon cited U.S. corporate tax rates and a lack of progress in modernizing the nation's roads, bridges, airports and other transportation infrastructure.
Some corporate chiefs have been pushing for a so-called tax holiday, something President Donald Trump has floated as a way to encourage companies with large overseas holdings to bring profits back into the U.S. 
Many experts say letting U.S. multinationals repatriate their foreign profits is unlikely to spur economic growth. The last such holiday, in 2004, coincided with a large outflow of employment as corporations moved jobs to low-wage countries, federal data have shown.
JPMorgan Chase reported better-than-expected earnings last quarter, at $1.71 per share. UBS' Martinez rated the stock a "buy."
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Fixture in Watermelon Parade



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Court overturns $43 million award in amputation case

  REPRINTS


A $43.5 million jury award in a personal injury lawsuit against a subcontractor was overturned Thursday by a Texas appeals court, which found that workers compensation was the injured employee’s exclusive remedy.
In 2013, Tyler Lee was a superintendent for a general contractor on a large-scale construction site in Houston where Bonner Springs, Kansas-based Berkel & Company Contractors Inc. was a subcontractor, according to court records in Berkel & Company Contractors Inc. vs. Tyler Lee and Leigh Ann Lee.
While drilling a piling on the site, an auger operated by Berkel became stuck. Berkel’s superintendent, Chris Miller, allegedly ordered different maneuvers to free the auger despite objections from both a foreman and a crane operator, who raised safety concerns. The two men alerted Mr. Miller that attempts to hoist the auger with the crane were causing the crane to become overloaded and tip, according to court documents.
Under continued strain from trying to hoist the auger, the crane’s boom bowed and bent, eventually snapping in half and crashing to the ground, court records show. Leads attached to the crane toppled to one side, striking Mr. Lee, who was situated a distance away from the crane behind a barricade. The leads landed on Mr. Lee’s left leg, crushing it and severing it below the knee, according to court records.
Mr. Lee recovered workers comp through his employer, Parsippany, New Jersey-based Skanska USA Building Inc., but sued Berkel in district court in Brazoria County, Texas, seeking additional recovery based on allegations of negligence, gross negligence and intentional injury. A jury ruled in favor of Mr. Lee in 2015, and the court awarded him $35 million in actual damages and $8.5 million in exemplary damages based on the court’s finding of gross negligence on Berkel’s part. Berkel appealed to the 14th Court of Appeals in Austin.
A three-judge panel of the appeals court overturned the jury decision and award, finding workers comp was Mr. Lee’s exclusive remedy.
The court determined that Berkel had the right to claim exclusive remedy protection even though it was not Mr. Lee’s employer because Skanska had agreed to provide workers comp insurance to all subcontractors and their employees through a contractor-controlled insurance program. Thus, Skanska was Berkel’s statutory employer and Mr. Lee was Berkel’s statutory co-employee, the panel said.
The court ruled that Mr. Miller was operating as a vice principal of Berkel and that his actions could be imputed to Berkel for liability purposes if the substantial certainty exception to the Texas Workers’ Compensation Act could be proven, which would require evidence that Mr. Miller had substantial certainty that his actions would cause injury.
The “evidence easily supports a finding that Miller was reckless, but it does not support a finding that Miller was substantially certain that Lee would be a particular victim of Miller’s conduct. To make that greater finding, there must have been some evidence that Miller at least knew of Lee’s location. … But there is none.”
Mr. Lee alleged that that Mr. Miller knew that his actions were substantially certain to bring about harm to potential victims in a localized area. The court, however, rejected this theory, saying Mr. Lee had outlined an area of danger — the fall radius of the crane — where an injury was foreseeable but not substantially certain.
“The flaw in Lee’s argument is that it equates the probability of a fall with the probability of an injury,” the panel said. “Miller could only be substantially certain of an injury if he knew that the leads would contact a person, and to establish that knowledge, Miller would have to know the fall path of the leads.”
“Because there is no basis on which the claimant’s recovery of common law damages can be sustained, we must reverse and render judgment that the claimant take nothing on his claims against the subcontractor,” the court concluded.
Houston-based law firm Wright & Close L.L.P., which represented Berkel, said the decision was a “major victory” and serves to clarify what evidence and intent are required to allow an injured worker to be exempted from the Texas Workers’ Compensation Act.
“In its very thorough opinion, the appellate court found that ‘intentional injury’ requires an intent to injure a particular person or a small class of people, not just a general knowledge that an activity is dangerous,” said Thomas C. Wright, a partner at the firmin a statement. “Many plaintiffs attempt this way around the Workers’ Compensation Act, and this case should bring some clarity to the law.”


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