Lawsuit

  • Yep, it’s the 9th circuit says monkeys can sue. Just get a lawyer. Says whales, dolphins, and porpoises should lawyer up, too

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    Monday, April 23, 2018 0 Courts and the Law, Federal Courts, Judicial Decisions, Lawsuit No tags Permalink

    Here’s the story (link) and here’s the decision (pdf link).

    What could possibly go wrong????

    On the other hand, I’m looking forward to some late-night lawyer commercials. “If you are a goldfish and you are being kept in a small bowl with crumbs for food, we’ll fight for your rights!! And you won’t pay a cent unless we recover.”

    And here, submitted for your approval, are some gems from the actual appeals-court decision.

    Yep, the whales, dolphins and porpoises ought to lawyer up and go after the US Navy.

     

     

  • Your property? Yeah, right, pal. I got friends who want it

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    Sunday, October 15, 2017 3comments Chicago, Chicago Crime, Corruption, Crime, Due Process, Lawsuit, Property Rights Permalink

    The headline: “Chicago Alderman Who Told Businessman to ‘Come Back To Me On Your Knees’ Sued for Abuse of Power“ (Reason’s Hit and Run blog)

    Chicago Alderman Proco Joe Moreno wanted to help a business [Double Door Music Hall] that had contributed to his campaign coffers. So he told Brian Strauss, a firefighter and property owner, to rent his building to the business or suffer the consequences. When Strauss refused to comply, Moreno made good on his threats, downzoning Strauss’s building and scuttling multiple attempts to sell the property.

    Strauss is now suing, arguing that Moreno’s abuses of his aldermanic powers violate Strauss’ rights under the Fifth and Fourteenth Amendments. –Reason blog

    The story Reason reports is grotesque.

    The key for outsiders to understand: Chicago alderman hold tremendous power to zone buildings within their ward. That power to zone translates, naturally, into campaign donations from people with zoning needs.

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    Strauss’ family has owned the building housing Double Door since the 1960s. It’s in a now-popular area. According to Strauss, Double Door had violated their lease and he wanted to evict them.

    That’s when Alderman Moreno, the recipient of campaign donations from Double Door, stepped in–with rage and power:

    “I’m tired of hearing about the sympathy of you and your family,” the alderman reportedly told Strauss and his attorney at one meeting. “Double Door is going to be in that building, there will never be another tenant in there, there will never be another sign on that building.”

    Over the coming months, Moreno—in meetings brokered and attended by staffers for Chicago Mayor Rahm Emanuel—tried to get Strauss to sell his building to Double Door for $7 million, despite its market value of nearly $10 million.

    When that failed, the alderman started introducing downzoning proposals for Strauss’s property that would have made it off limits for most business uses. In June 2017, Moreno even tried to reclassify the building as a residential unit, which would prohibit practically all commercial uses.

    That failed, but in September the city council did pass a downzoning ordinance, which prevents Strauss from converting his property to a general restaurant, a bar, or even, ironically, its previous use as concert venue.

    In a very public, and very disturbing, encounter with Strauss, Moreno made clear his zoning changes were all about extracting concessions.

    “You can come back to me on your knees, which is going to happen,” he raged. “It’s gonna be an empty building with no income for you or your family.” –Reason blog

    In fact, Strauss has tried to sell but he says three sales have fallen through because of the zoning changes.

    Now, he’s suing, saying that Moreno’s “extreme and outrageous” conduct amounts to a taking of his property without due process.

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    CBS2 Chicago investigated. Their findings confirm Moreno’s bullying behavior, some of it caught on cell phone video.

    Their headline: [CBS] 2 Investigators: Alderman Threatens To Ruin Landlord’s Business

    In the video, Moreno says he’s upset over the “tragedy” of the club’s closing.

    “It’s a part of life,” Strauss says.

    “Right,” Moreno says. “And part of life is also that you’re not going to have a tenant in here for three years.”

    The fight reportedly stems from Moreno wanting to keep the Double Door, a campaign donor, in the building. –CBS2 Chicago

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    Another news investigation, this one by a former Inspector General for the city, has reached the same basic conclusions (Project Six investigations)

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    Comment: If the story reported by Reason and CBS2 is true, then the alderman’s conduct was “extreme and outrageous”–and utterly true to form for Chicago city government.

    Alderman have extensive control over zoning in their wards. Fellow aldermen defer to each other, enjoying the benefits of reciprocity and fearing anything that would undermine it.

    Their power to zone translates into the power to raise donations from anybody with real estate interests.

    It’s the circle of life in politics.

    My question: Why is this only a civil case? The actions alleged ought to be investigated as possible felonies by federal attorneys. (Expecting state attorneys to do such investigations of fellow pols is crazy talk.)

    Thanks to Tom Elia for this story.

  • ZipDialog Roundup for Thursday, September 28

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    Thursday, September 28, 2017 0 Congress, Courts and the Law, Democratic Party, K-12 Education, Lawsuit, Media and Reporting, NBC MSNBC, Republican Party, School Choice, Charters, and Vouchers, Self-driving vehicles, Supreme Court, Teachers Unions, Unions, ZipDialog Roundup of News Beyond the Front Page Permalink

    Articles chosen with care. Your comments welcomed.
    Linked articles in bold purple

    ◆ Republican Tax Plan: The Essential Features

    The details still need to be worked out through negotiations.

    It is a 9-page framework at this stage, more detailed than previous releases but still not a fleshed-out bill.

    Key features:

    • Lower corporate tax rates: Nominal rates cut significantly–to 20%
      • Whether actual rates for Company X or Company Y are lowered depend on whether previous deductions are eliminated.
    • Fewer personal brackets
    • Much bigger standard deduction for each individual or family
      • Big benefit to lower-income earners
    • Many fewer deductions
    • Keeps big deductions for mortgages, charity, and medical
    • Repeals the Alternative Minimum Tax,
      • Initially meant for a few rich individuals but now affects millions of taxpayers
    • Eliminates the Estate Tax (“death tax”)
    • Repeals deduction for state and local taxes (very contentious)
    • Keeps a special carve-out for hedge fund called “carried interest” (very contentious)

    ◆ The Essential Politics 

    First, the goal is growth, even if it raises projected budget deficits.

    Second, everybody is making hypocritical arguments.

    • The Democrats doubled the country’s debt over the Obama Administration. Now, they are complaining about deficits.
    • The Republicans screamed about debt and deficits during the Obama Administration. Now, most of them say deficits are less important than growth

    Third, the main political arguments are conventional and obvious for both sides.

    • Democrats: “This will only help the rich” (redistribution argument)”
    • Republicans: “Everybody wins when the economy grows faster” (growth argument)

    The New York Times weights in reliably with this analysis headline: Trump Tax Plan Benefits Wealthy, Including Trump. Most analysts agree with this regressive-distribution effect, at least in the initial proposal.

    ◆ Big Court Threat to Public Employee Unions (USA Today)

    The Supreme Court agreed Thursday to hear a challenge to the so-called “fair share” fees public employee unions collect from non-members, posing a major threat to organized labor.

    Unlike the past three times the court has considered similar cases, its five-member conservative majority appears poised to rule that workers opposed to union representation cannot be forced to pay for collective bargaining and other benefits. –USA Today

    Comment: The Republicans really want to weaken the public unions, as Scott Walker’s campaign in Wisconsin showed.

    The unions know it and uniformly support Democratic candidates.

    The legal argument by conservative and moderate union members is that so much of what these unions do is inherently political that the members’ free-speech rights are trampled by forcing them to pay union dues as a compulsory aspect of working at, say, a public school or Department of Motor Vehicles.

    My guess: Compulsory union fees will be ruled unconstitutional violations and national membership in public-employee unions will drop significantly, following the Wisconsin pattern.

    The biggest impact will be on K-12 school policy in the states.

    There will be a longer-term impact in other areas since weaker unions cannot stop the rise of autonomous busses or autonomous lawnmowers and floor cleaners, which will give cities and states more service for less money.

    ◆ Megyn Kelly: No thanks, say critics and potential guests, after her terrible start (Washington Post)

    Stars now shying away from interviews after Jane Fonda mess

    Megyn Kelly said on the first episode of her new NBC morning show, which aired Monday, that for years she’d “dreamed of hosting an uplifting show.”

    But just three episodes in, her celebrity guests seem to find the show anything but uplifting. Kelly’s penchant for speaking her mind, regardless of how her words might be perceived, caused two of her celebrity guests to speak out against the host after their respective appearances.

    The most recent was Jane Fonda, whom Kelly pressed to discuss her plastic surgery. –Washington Post

    Comment: One problem is that Fox viewers think she “betrayed” her network and thus her “side.”

    A second is that she was always better at hard-news interviews than soft-focus ones. But her new time slot is tailored for morning uplift, not hard news.

    Third, some media critics have said that she is the kind of woman who appeals more to male viewers than female viewers. But the morning audience is heavily female.

    NBC gave her bucket loads of cash and removed a steady program to give her a slot. They must be slashing their wrists.

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