Jury Damage Award Could Close Calif. Healthcare Facilities
When companies are found to have violated regulations that govern their industry, is it right that a jury of non-experts can award damages the amount of which will wipe the company off the face of the earth? That is a question that has been raised in a case recently decided against Skilled Healthcare LLC of California. A class action lawsuit (lawsuit info here) brought by | Read More »
FCC loses Internet regulation lawsuit
The DC Circuit Court of Appeals slapped the FCC today by ruling in Comcast v. FCC that the regulatory body overstepped its legal bounds when it tried to regulate Internet management practices. This precludes Net Neutrality regulation, which is at heart regulation of how ISPs manage their networks. Judge David Tatel, Clinton appointed successor of now-Justice Ruth Bader Ginsburg, wrote for the court that since | Read More »
California Already has a Court Challenge Going to the Supreme Court
There’s a story in Bloomberg today about a relevant court case from California already headed to the Supreme Court. California is challenging the Federal Government’s ability to mandate their Medicaid reimbursement rate. If the Supreme’s decide in California’s favor, this could seriously damage Obamacare’s ability to mandate that up to 16 million newly insured be covered by the state Medicaid system. The money line: The Ninth | Read More »
Florida Residents: Our State’s 1st Circuit Court Of Appeals Says You Do NOT Have A Right To Be Heard At Government Meetings.
I heard this on a local talk show earlier this afternoon and honestly thought it was a joke. Couldn’t find anything online about it, even at the Florida DCA website going through the current opinion links. I finally found it via AP and a very short, very basic article. It’s not a joke. http://www.miamiherald.com/2010/03/10/1522520/fla-court-public-has-no-right.html TALLAHASSEE, Fla. — (AP) — An appeal court says Florida’s Sunshine | Read More »
DAVID HAMILTON CONFIRMATION VOTE TODAY
The Senate will vote on David Hamilton today. Call your senators and tell them NO! Our Constitution deserves better than judicial “footnotes.” Hamilton is a radical judge who has had many rulings overtuned. Heritage has his record. It is not pretty and had many rulings overturned. America’s judicial system is in jeopardy from the left and Hamilton is that radical. The Senate should send him | Read More »
Lawyers Proving the ‘Slippery Slope’ is Real
If you’ve spent any time at all on Internet message boards or in college debate class you’ll have seen the rafters vibrate with righteous condemnation against the “slippery slope argument.” It is claimed that a worst case, ultimate extrapolation of a thing is a bad argument because it isn’t necessarily a truism. Supporters of the Second Amendment, for instance, are scolded by liberals when the | Read More »
Guilty Until Proven Innocent
Our court system may not be perfect, but one of long cherished and held legal traditions is the assumption of innocence until proven guilty. Well, if President Obama has his way that will change in a major and significant way. Obama also planned to ask Congress to crack down on tax havens and implement a major shift in the way courts view guilt. Under Obama’s | Read More »
Justice Ginsberg Would Rather be Liked by Foreigners Than be Right
Ever since Justice Sandra Day O’Connor began babbling about it several years ago, the talk of Supreme Court Justices of the United States of America using foreign court rulings to base their decisions upon has been a topic of dread for those interested in adhering to the U.S. Constitution. It should be shocking to see a U.S. Supreme Justice talking about using foreign precedent but | Read More »
NC Judge Orders Homeschool Kids Into Public School
http://www.newsobserver.com/news/wake/story/1440674.html Apparently, in the midst of a divorce case, a Wake County, NC judge has ordered that a local mother stop homeschooling her children and put them into public school. Judge Ned Mangum said, “It will do them a great benefit to be in the public schools, and they will challenge some of the ideas that you’ve taught them, and they could learn from that | Read More »
Is Libel Law Turning Against Us, New and Old Media Alike?
This is not a story of bias in the media. It is a story, rather, that affects both the Old Media of newspapers, TV and radio, as well as the New Media of the Internet. Our disagreements with the Old Media aside, we both stand to see trouble if a recent court case in Massachusetts gains momentum or is applied liberally henceforth. The Associated Press | Read More »
Why is Hollywood so against consumers?
I will admit up front that I am not a lawyer nor a techie. But someone recently brought this issue to my attention and it struck me as just another example of Hollywood being anti-consumer. Here is the basic story:
4th Circuit Court of Appeals has 4 vacancies right now. Do we want it to become like the 9th Circuit?
The first order of business under Obama would be to fill all Circuit Court judicial vacancies ASAP. This will be easy with a Large Senate Majority and the White House. We cannot let this happen…because… “The balance of appointments could put solid Democratic majorities under Obama on the 2nd, the 3rd and the notoriously conservative 4th Circuit, which currently has four vacancies. It would add | Read More »
Connecticut Supreme Court legalizes homosexual marriage
I don’t have time for much analysis, but you can check out the Connecticut Supreme Court’s opinion in Kerrigan v. Commissioner of Public Health, coverage here. By a 4-3 vote, it determined that the laws banning homosexual marriage while permitting civil unions were unconstitutionally discriminatory. Interestingly, Justice Zarella’s dissent delves into the primary justification for the State’s traditional marriage law: marriage is about procreation, even | Read More »
UK – Breaking the law due to “global warming” is now legal.
Honest: I thought that the link below was going be a re-direct to The National Lampoon, The Onion, or some other parody site. But alas, ’twas not to be. It’s real and from The UK. Jury decides that threat of global warming justifies breaking the law. … … … … Coming soon to a United States Federal Court near you, a grand epic: Dog Eat | Read More »
The Supreme Court of the Commonwealth of Massachusetts decided that homosexuals should be able to marry. Conservative commentators have had a lot to say about the issue and specifically as it relates to the rights of the various other States to recognize marriage. That flapping and squawking sound you’re hearing is the chickens coming home to roost. Kind of like the swallows coming back to | Read More »