118 posts tagged with lawsuits.
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The Federal Government Workers' Thread
In a move reminiscent of Musk's mass firings and forced resignations at Twitter, the Office of Personnel Management (OPM) sent 2 million government employees a deadline-driven offer of “deferred resignation” over an eight-month payout if they resign before 06 February 2025.
The National Treasury Employees Union (NTEU), which represents 150,000 employees in 37 federal agencies and departments, urged employees to stand their ground. On Inauguration Day, the NTEU filed what was to become the first of many lawsuits against the unlawful Executive Order on "Schedule Policy/Career," stripping tens of thousands of civil service employees of their employment protections. [more inside]
The Pushback Thread
In the beginning, I thought Biden was going to do a second term. When doubt crept in, I began to sink into despair at an-all-but-unthinkable Trumpian future. But before I ever needed to really grapple with that possibility, Harris popped up. For a little while, I dreamt of a modern American presidency. Ugly doubt crept back in when her numbers started to stall. Early in the evening on election night, it was clear that Harris was a goner — and my mood sank in tandem. Ever a compulsive news reader, after Trump won I found far too much of it distressing, even maddening. Then I stumbled across an article on the democratic governors organizing to resist. For the first time in days, my mood lifted. [more inside]
Laws often protect web giants while victims struggle for justice
Fifty-six agencies provided records in which adults alleged that sexually explicit photos and videos had been posted to OnlyFans without their consent. Fifty agencies declined to provide records, citing privacy laws, technical limitations and other factors. Others did not respond, said they had no relevant records or provided records that were not relevant to this story. Using the law enforcement files, along with some state and federal court cases, reporters identified 128 cases of women and men who complained to police that sexually explicit images or videos of themselves had been posted on OnlyFans without their permission. Reporters conducted detailed interviews with nine people who made those allegations. from Behind the OnlyFans porn boom: allegations of rape, abuse and betrayal [Reuters] [CW: Rape, CSA, sexual content, NSFW text] [more inside]
Because you want to be proud of what you do
To many, the Internet Archive is its own kind of sanctuary — a vestige of a bygone internet built on openness and access, a Silicon Valley standout interested not in series funding or shareholder value, but the preservation of any piece of the cultural record it can get. But to the corporations and people that own the copyrights to large swaths of that record, the Internet Archive is like a pirate ship stuffed with digital plunder. Two lawsuits have brought these long-simmering tensions to the courts and public consciousness, with financial repercussions in the hundreds of millions that could bring down the internet’s greatest library. from Inside the $621 Million Legal Battle for the ‘Soul of the Internet’
[Rolling Stone; ungated] [more inside]
The Snitch State
Across the nation, Republican-controlled state legislatures and conservative activists have passed bills and embraced legal strategies that encourage Americans to monitor one another’s behavior and report their friends, family members, and neighbors to the authorities. [...] Republican legislators in Texas have proposed numerous additional restrictions since Roe v. Wade was overturned, including bills that would punish employers who help their workers get abortions, outlaw abortion funds that help women seek the procedure in another state, and circumvent local district attorneys who refuse to criminally prosecute abortion providers. Some proposed measures would restrict access to contraception. One would criminalize speech by making it illegal to provide “information on how to obtain an abortion-inducing drug” and forcing internet providers in Texas to censor such information. [...] As of this writing, no one has yet been successfully sued under Texas’s bounty law, and other measures that seek to turn citizens into informants have faced challenges in court. (If reelected, former President Donald Trump is likely to appoint more federal judges who would look favorably upon such measures.) But these policies have chilling effects whether or not they are strictly enforced. The mere threat of having one’s privacy invaded and one’s life potentially destroyed is sufficient to shape people’s speech and behavior. American history shows us where this could lead."The Right-Wing Plan to Make Everyone an Informant" by Adam Serwer for The Atlantic [ungated, archive] [more inside]
"I would like to make one thing clear: I never explain anything."
Disney wants wrongful-death suit thrown out because widower bought an Epcot ticket and had Disney+ (CNN, BBC, NPR) Court documents show that the company is trying to get the $50,000 lawsuit tossed because the plaintiff, Jeffrey Piccolo, signed up for a one-month trial of the streaming service Disney+ in 2019, which requires trial users to arbitrate all disputes with the company. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies.
Man Sues Museum of Ice Cream Over ‘Unfit and Unsafe’ Sprinkle Pool
A man who claims to have fractured his ankle by jumping into the sprinkle pool at the New York City location of the Museum of Ice Cream has filed a lawsuit contending that the museum was “reckless, careless and negligent” in its operation of the facility. [more inside]
hear that whistle blow
Biden administration forgives $6.1 billion in student debt for 317,000 former Art Institute students [more inside]
Hershey is sued over lack of artistic detail on Reese's candies
She said she would not have paid $4.49 in October at an Aldi for a bag of Reese's Peanut Butter Pumpkins, had she known that the candies not only lacked the "cute looking" carved eyes and mouth shown on the packaging, but any carvings at all. [more inside]
"Relentless Campaign to Weaponize Government Power"
"The number of grossly inflated asset values is staggering."
VoteRiders fight
In fewer than 50 days, the midterm elections will be held in the US. According to a new analysis by Democracy Docket, there has been a steep jump in voting and election lawsuits filed by Republican-affiliated groups in 2022 compared to 2021. In 2021, GOP-affiliated groups and individuals filed 7 lawsuits, or 13% of the total voting cases tracked in 2021. As of September 16, 2022, GOP-affiliated groups have filed 41 lawsuits, or nearly 54% of all voting cases tracked in 2022.
These cases are intended to shorten or end early voting periods, end or limit mail-in ballots, attack the use of drop boxes, or add voter ID requirements that make it challenging for the elderly, the poor, the unhoused, those without cars, the disabled, and other folks to vote. Happily, several organizations are working to protect voters. [more inside]
"substantial similarity"
An Artist Sued Maurizio Cattelan for Allegedly Copying His Duct-Taped Banana. A Miami Judge Just Allowed the Case to Proceed - United States District Judge Robert N. Scola, Jr. asked: "Did Joe Morford sufficiently allege that Cattelan’s banana infringes his banana?”
(Previously)
Laws as Trolling
Gavin Newsom calls for bill modeled on Texas abortion ban to crack down on gun manufacturers “If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that,” said Newsom, a longtime advocate of strict gun control laws.
"Do writers not care about my kidney donation?"
Dawn Dorland donated her kidney, but her story, she feels, was stolen. In the New York Times Magazine, Robert Kolker details a years-long grudge, and ensuing legal battle, between writers Dawn Dorland and Sonya Larson. Dorland gave a kidney in a non-directed donation (i.e. to a stranger), in what she saw as an act of righteous and praiseworthy moral clarity. Larson then wrote and published a story in which a character donates a kidney in an act of... well. The portrayal was not a flattering one—and, to Dorland's mind, it got worse. [more inside]
I scream, you scream, we all scream for the right to repair
Secret codes. Legal threats. Betrayal. How one couple built a device to fix McDonald’s notoriously broken soft-serve machines—and how the fast-food giant froze them out. [more inside]
Opioid Industry Documents Archive Launched
On March 24, UC San Francisco and Johns Hopkins University announced the launch of "the Opioid Industry Documents Archive, a digital repository of publicly disclosed documents from recent judgments, settlements, and ongoing lawsuits concerning the opioid crisis. The documents come from government litigation against pharmaceutical companies, including opioid manufacturers and distributors related to their contributions to the deadly epidemic, as well as litigation taking place in federal court on behalf of thousands of cities and counties in the United States." [more inside]
for the utterly preventable harm he said he’d endured
For My Incarcerated Clients, There Is No Winning by Peter Borenstein [The Marshall Project] [more inside]
The Five Families of Feces
The New York City porta-potty business is as dirty as you’d think. But one man keeps coming up smelling like roses. (David Gauvey Herbert, New York Magazine) [more inside]
“Eu quero que ela se ferre em verde e amarelo”
The Christmas Light War
The long, strange story of the four-year-battle over Christmas lights that drove Hayden, Idaho insane. Featuring: a camel named Dolly, a dog named Ronald Reagan, the Three Percenters of Idaho, homeowners' assocations dragged into court, Fox and Friends, "Larry Bird threatened to murder me in front of my family," "Bolsheviks have taken over the school board," and much, much more. Reported by Daniel Walters at The Inlander.
We have always been at war for Net Neutrality
In 2015, the Federal Communications Commission (FCC) adopted historic Internet rules (CNN Money), when the Democratic-led commission approved 3-to-2, split along party lines, to assert extra government authority over the Internet and permitted enforcement of net neutrality rules that would prevent Internet providers—including cellular carriers—from blocking or throttling traffic or giving priority to Web services in exchange for payment (Ars Technica). That came to an end on Monday, June 11, 2018 (CNN Money), following another FCC vote, split on party lines again (CNN Money), but breaking for the GOP. The FCC's Net Neutrality rules are dead, but the fight isn't (Wired). [more inside]
The Shield
In January, the Asbury Park Press (APP) published "The Shield" -- a 19-part investigation of police corruption and lack of accountability in New Jersey. The exposé took two years to complete and revealed that municipalities across the state had collectively spent about $43 million in taxpayer money to cover up the brutal actions of rogue cops who had killed, beaten and stalked more than 200 citizens. In many cases, the cops were not only protected from punishment, but even kept their jobs and received promotions. [more inside]
#WhatAboutUs?
How Tough Is It to Change a Culture of Harassment? Ask Women at Ford. In August, Ford announced it would pay up to $10.1 million to settle a racial- and sexual-harassment investigation at two Chicago plants. More than a dozen women have now came forward to detail accounts of harassment, racism, groping, intimidation and coerced sex by coworkers and supervisors. The bigger picture: blue collar women of color like those who work at Ford's factories aren't getting the same attention at white celebrities, but they face similar harassment and assault at work. After the #MeToo movement opened a global floodgate of accounts of mistreatment, a former Chicago worker proposed a new campaign for unseen women: “#WhatAboutUs.” [more inside]
"They are texting to wear the wrong shoes."
In September 2016, Bethany Barnes -- a new K-12 education beat reporter at The Oregonian -- published a story that revealed a long history of student complaints against Mitch Whitehurst, a veteran teacher in Portland. For the next year, 'she combed through public records and yearbooks, reached out to victims, cold-called district officials and even showed up at their homes to stitch together a decades-long timeline that tracked how the school district had repeatedly opted to protect a powerful male teacher accused of abuse at the expense of children.' Her 4,000-word investigation, Benefit of The Doubt, was published in August 2017. She’s since written a series of follow-ups that continue to prod at the district’s handling of the case.
Some links in this post contain discussions of sexual harassment and assault that some may find disturbing. [more inside]
Some links in this post contain discussions of sexual harassment and assault that some may find disturbing. [more inside]
His assertion, as you describe it to me, is not accurate
Shiva Ayyadurai didn't invent email. But he's suing everyone who says otherwise.
The Court That Rules The World
International investors have a private court of appeal even in criminal matters - "A parallel legal universe, open only to corporations and largely invisible to everyone else, helps executives convicted of crimes escape punishment. [ISDS] operates unconstrained by precedent or any significant public oversight, often keeping its proceedings and sometimes even its decisions secret." (via) [more inside]
I'll get back to making you laugh. I promise you.
"There are times where I have my good day and my bad days, where I forget things," he said. "There are times where I get the headaches, and the nose bleeds. I won't even let my lady know because I don't want her to be worried about it."--Tracy Morgan speaks about his injuries, the loss of his friend "Jimmy Mack" McNair, and the recently settled lawsuit against Wal-Mart. [more inside]
Where's The Juice? Commercial Speech versus Truth in Advertising
In June of this year, POM Wonderful won "a round in a food fight with Coca-Cola" in the case about how a fruit juice blend is labeled. It's a case of commercial speech, to which John Oliver opined that "in Coke's defense, they only mislead us about what was in their juice. For years, POM Wonderful has mislead us about what is in pomegranates". Generally speaking, as long as the labeling isn't incorrect or harmful, it can make bold claims, to a point. For instance, you can't claim your cereal could improve kids' attentiveness and memory when it doesn't. Whatever you do, you shouldn't add new labeling to existing, even if it is to clarify that the product sucks less, or is asbestos-free. [more inside]
It's Not Time to Worry Yet
To Steal A Mockingbird The notoriously private author Harper Lee is now waging a public courtroom battle. Her lawsuit charges that in 2007 her agent, Samuel Pinkus, duped the frail 80-year-old Lee into assigning him the copyright to her only book, To Kill a Mockingbird—then diverted royalties from the beloved 1960 classic. (SLVF)
Without Nick Fury, will the SHIELD Act Still Pass?
SHIELD Act introduced a second time to combat patent lawsuits that rely on those being sued going for settlements because the cost of defensive can be prohibitive. Though still a gamble, if SHIELD were in place and the defendant victorious, the patent holder would have to pay the legal costs. The bill is being reintroduced by Peter DeFazio (D-OR) and Jason Chaffetz (R-UT). Arstechnica interviews DeFazio.
I Am Not A Mouse
"Escape From Tomorrow" is playing at the Sundance 2013 Film Festival. The black and white movie describes one family man's mental disintegration over a day at Disney's Orlando park. Randy Moore directed the film on-site without the knowledge of Disney. Reviews are generally good, with comparisons to The Truman Show and Eraserhead, though people who have seen it wonder how this will play out legally. [more inside]
The man in your picture is almost unrecognizable
Former all pro NFL running back, 38 year old Priest Holmes feels that all NFL players suffer from the violence of the game, but believes running backs are at an increased risk if they average dozens of carries a game for years at a time. Holmes recalled how hits changed the color of the sky. Another former NFL running back, 32 year old Jamal Lewis talked about his memory losses and head trauma. Both men could encounter the cognitive decline lesser known former Chargers running back 45 year old Steve Hendrickson has experienced. [more inside]
Tom is no longer my friend.
It's official, Myspace has been sold to Specific Media with News Corporation will taking a minority equity stake in Specific Media. Specific Media touts itself as an innovative global interactive media company that enables advertisers to connect with consumers in meaningful, impactful [sic] and relevant ways. Once the crown jewel of News Corps online empire, it had faded into a quick decline selling for only $35 Million after being purchased for $580 Million in 2005. Specific Media, fueled by investment capitol have been acquiring various media platforms and faced a privacy lawsuit for re-creating deleted cookies. What this means for Myspace for now is a significant reduction in our workforce. A former employee gave some insight MySpace in their previous round of layoffs in January of this year.
Will There Be Actual Seals in the Movie?
Walt Disney Co. has filed an application to trademark the name "Seal Team 6", the Navy Seal team that killed OBL in Pakistan earlier in May. [more inside]
I was worried there for a second.
Today a California appeals court ruled that free online porn is not unfair competition to pay sites.
"We allow you to read one article for free - this one that you're on."
New York-based North Country Gazette has taken an interesting approach to monetizing its content: Threatening to sue people that read more than one article without buying a membership. [via]
How to keep from being sued
How to avoid visiting any Stephens Group publications even by accident, if you use FireFox. The Stephens Group (AKA Righthaven) has been suing bloggers who link to and quote any of their publications' web sites. (Such as.) So now there's a FireFox plugin you can use to make sure you don't visit any of them. Use it in good health.
"I’m Yertle the Turtle! Oh, marvelous me! For I am the ruler of all that I see!” "He's made our case for us, your honor, you see. And so prosecution rests our case, don't we?"
"Your responsibility is to defend Yertle. You may argue that Yertle is the king and, as protector of the realm, has a right to order his subjects to do whatever he thinks is necessary. He thought it was necessary to see what was beyond his pond and pressed other turtles into service so that he could see that far. They were hurt in the line of duty, so he wasn't personally liable for Sadie's injury. He did not realize how young she was, or he wouldn't have ordered her to join the stack of turtles." Turtle on Trial, a lesson from the ABA for Law Day, May 1.
Transgender library worker files lawsuit
Bobbie E. Burnett is suing her employers, the Free Library of Philadelphia, for discrimination. She's been employed there for nearly 20 years, but transitioned to a female gender identity in 2001, at which point she says discrimination set in.
"Slurs hurled at Burnett by some staffers include 'freak,' 'man in woman’s clothing' and 'nigger,' according to the suit. On one occasion, when Burnett expressed wishes for a nice weekend to a coworker, the employee responded with, 'Burn in hell,' according to the lawsuit." [more inside]
“What's with these people?” he asked. “They've even sued my cancer research company.”
Hank Asher, billionaire eccentric philanthropist/data miner, is being sued by publishing giant Elsevier. “What's with these people? They've even sued my cancer research company.” On the one hand, Asher used to smuggle cocaine. On the other hand, Elsevier has their own problems.
Match.com Sued for Deception
Online dating site match.com is being sued for deception by a New York man who claims their practice of keeping up profiles of non-paying members who have no ability to respond to suitors "defrauds the consumer of his/her time, labor, and emotional investment"
Google settles suits
"The Authors Guild, the Association of American Publishers (AAP), and Google today announced a groundbreaking settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the U.S. from the collections of a number of major U.S. libraries participating in Google Book Search."
Mr. Hollander's Opus: A Trilogy of Antifeminist Lawsuits
"Roy Den Hollander, a graduate of the Ivy League university’s business school, contends Columbia's Institute for Research on Women and Gender is discriminatory and unconstitutional because there is no equivalent 'men’s studies' programme." So Mr. Hollander is suing Columbia, thereby completing his "trilogy of antifeminist lawsuits." More at Gothamist.
Bible gets sued
As the gay marriage fight unfolds in California, some gays (and others) are fighting back: one gourp is boycotting a rich hotel owner, others are standing apart and one is suing the Bible (who gets subpoenaed for that one?). Meanwhile, a key opponent to gay marriage keeps its doors open (and its ballot committee going) despite being suspended. They say they're working on it, but no changes yet.
When CyberSquatting Laws go bad....
Nissan vs Nissan, or David vs Goliath Nissan, who used to be Datsun is alledging cybersquatting and suing Nissan, who has always been Nissan, for $10 MILLION in damages...
Ach, those damn 110 year old kids!
The Katzenjammer Kids* are 110 years old this month, the world's longest running comic. Watch 1918's Policy & Pie (pt. 2), rare animation by creator Rudolph Dirks who lost the strip to William Randolph Hearst in a court case. The strip was taken over by Harold H. Knerr, but Dirks retained rights to the characters and produced a rival cartoon under The Captain & the Kids for Pulitzer papers for several decades. Five artists followed Dirks and Knerr creating the strip for Hearst.
Pro Se Poetry
It's common for pro se prisoners to sue unusual defendants, but never before have I seen a list of defendants [pdf] so awe-inspiring. Francois Rabelais would truly be proud. Unfortunately, this particular prisoner's follow up lawsuit against Atlanta Falcons Quarterback Michael Vick isn't nearly so entertaining.
Tube Wars. Get your hose.
Tube Wars: A new front opens as the IFPI [think global RIAA] threatens imminent legal war with ISP's.
At home he still plays with his organ from time to time
Procol Harum organist wins battle over joint authorship of A Whiter Shade of Pale. Gary Brooker is not amused, but then again it was a Bach ripoff anyway.