Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: lawsuit

U S District Court Rules that Colorado Sheriffs Lack Standing to Sue in Gun Lawsuit

The lawsuit brought back in May by 54 Colorado county sheriffs and 21 other parties complained that two recent laws enacted by the Colorado legislature violated the Second and Fourteenth Amendments. Without ruling on those complaints, Chief Judge Marcia Kreiger of the U.S. District Court of Colorado said that the sheriffs lacked

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Contractor behind the Obamacare website is not the only one with problems

Nearly one-quarter of CGI Group’s $1.3 billion in revenues last year came from the United States government which included $90 million to build the Obamacare website, Healthcare.gov. Unfortunately, overruns have taken that number up to $112 million, and could exceed

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Mixed Results from Tuesday’s Elections

On the surface, the reelection of Chris Christie as New Jersey’s governor was remarkable, winning with a resounding 60% of the vote in a dark blue (liberal Democrat) state.

A closer look reveals that Christie was running as a Republican in name only, against a weak opponent who was earlier slated to lose by a much higher margin. Christie won for his ability to

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Chevron Charges Opposing Attorney with Greenmail in Landmark Lawsuit

After nearly 20 years of defending itself against charges that its drilling operations in the Amazon jungle in Ecuador caused all manner of environmental damage, pollution and disruption and dissolution of the cultures of the natives in the area, Chevron Corporation finally decided to go on the offensive. On Tuesday, October 22nd, Chevron, the eleventh largest corporation in Fortune magazine’s Global 500, sued Steven Donziger, the leading attorney in a series of lawsuits going back to 1993, for fraud and bribery used to

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JP Morgan Buying its Way Out of Legal Troubles

The announcement that a tentative agreement had been reached between the Department of Justice and JPMorgan (JPM) was surprising only in the size of the penalty the country’s largest bank (and second largest in the world) agreed to pay:

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Costs, Frustrations Mount as Fort Hood Shooter Trial Opens

After nearly four years of delays, the military trial of Nidal Malik Hasan, the accused Fort Hood Shooter, begins today with Hasan representing himself against charges of 13 counts of premeditated murder and another 32 counts of attempted murder stemming from the attack on November 5th, 2009.

The costs, estimated to be $5 million and counting, are compounded by the

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DHS’ Napolitano Leaves Legacy of Corruption, Lies, Lawsuits and Waste

Many were surprised at Janet Napolitano’s announcement that she was leaving her position as Secretary of the Department of Homeland Security (DHS) at the end of August to become President of the University of California. Chosen from more than 300 candidates vying for the position, Napolitano managed to keep her interest in, and her successful bid for, that position from the public until Friday.

She issued the usual departure appreciation statement:

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County Sheriff in California Strips Forest Service Agents of Law Enforcement Powers

The CBS affiliate in El Dorado County, California, expressed surprise when it reported that County Sheriff John D’Agostini stripped agents of the U.S. Forest Service of their law enforcement powers in his county.  Wrote D’Agnostini:

I take the [standard of] service that we provide to the citizens of El Dorado County and the visitors to El Dorado County [which includes Lake Tahoe] very seriously, and the style and manner of service we provide.

The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.

The writer covering the story, Laura Cole, asked a law professor, John Myers, if D’Agostini could actually get away with this. Said Myers: “It looks to me as though the sheriff can do this.”

This isn’t the first time D’Agostini has written such a letter.

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Detroit Creditors’ haircut: 90 percent!

At the conclusion of Friday’s 2-hour meeting of more than 180 of Detroit’s creditors, unions and pension trustees, Emergency Manager Kevyn Orr’s plan to rescue the city from bankruptcy was met with predictable responses: lawsuits and strikes. It was an altar call to accept reality, but denial, anger and threats were the response of many. One unnamed bond holder said, “It’s just too much. It is an unprecedented amount to ask.” Mike Mulholland, secretary of American Federation of State, County and Municipal Employees (AFSCME) Local # 207, was equally blunt: “When you’re backed into a corner, the only thing you can do is fight and the only way we can fight is to strike.”

Orr was ready for them. In his 134-page proposal, he blamed “financial mismanagement, a shrinking population, [and] a dwindling tax base … over the past 45 years [which] have brought Detroit to the brink of financial and operational ruin.” Indeed, his proposal spelled out the denial of reality that Mayor Dave Bing and his city council had been enjoying for years when it showed that Bing’s people thought that the annual deficit for the city for Fiscal Year 2013 was $47 million when the actual deficit is more than twice that, and for FY 2014 is estimated to approach $200 million. It’s no wonder that Michigan Governor Rick Snyder declared a financial emergency, and appointed bankruptcy attorney Kevyn Orr to take over from the city council in March.

The task facing Orr is horrifying. Faced with more than $18 billion in debts and just $68 million in the bank, Orr started off the meeting by announcing that the city would not make a $40 million payment due that day on a $2.5 billion certificate of participation (COP). He announced further that the city wouldn’t be making $104 million in pension contributions that are currently due either. In addition, retirees hoping that the city would be providing them with health care and full payouts of their pension benefits also received the bad news: they too would be forced to rely on the state’s insurance exchanges to obtain health coverage under Obamacare or Medicare, and could expect significant reductions in their retirement checks as well, approaching $800 a month in many cases.

Orr’s report was equally blunt for those hoping for a miracle: “The City is Insolvent” (Page 7): “the city is not paying its bills,” the city’s infrastructure is deteriorating, “costs associated with unoccupied property” continues to mount, the city’s credit ratings were borderline “bankrupt” by all three agencies, and “Priority One” police response times had increased in just one year from 30 minutes in 2012 to 58 minutes in 2013. In 2012 Detroit “had the highest rate of violent crime of any U.S. city having a population over 200,000 [Detroit’s population is just over 700,000, 40 percent of what it was 1950], five times the national average.”

There are “approximately 78,000 abandoned and blighted structures in the City, nearly half of which are considered ‘dangerous’ [while there are] 66,000 blighted and vacant lots within the City limits.” There are between 11,000 and 12,000 fires in Detroit every year, most of them occurring in those blighted and abandoned buildings.

Orr’s plan, on the surface, is elegant simplicity: if the creditors – pension trustees, unions, bond holders and retirees – will sit still for these massive haircuts, then the city can, under a newly created facility, borrow $2 billion to pay off the $11 billion in unsecured creditors. Orr said that translates, after other demands on that new money, to about 10 cents on every dollar owed. Secured creditors will be better off but they will be asked to take a haircut as well. If the proposal is accepted, lawsuits and strikes notwithstanding, then Orr can take this to court as a pre-packaged bankruptcy, giving him the power to enforce the agreement.

On the other hand, if his proposal can’t get sufficient agreement in the next 30 days from all interested (and now properly chastened) creditors, then he’ll ask the court to grant Detroit bankruptcy protection with himself as trustee. In essence, Orr is dealing from strength: go along with me now and get the best deal possible, or push me and you’ll get less, it’ll cost more and it’ll take longer.  Said Orr: “I have a very powerful statute. I have an even more powerful Chapter 9. I don’t want to use it, but I am going to accomplish this job. That will happen.”

There’s a constitutional issue here as well. Under the Tenth Amendment, “powers not delegated to the federal government by the Constitution … are reserved to the states,” which means that guarantees in Michigan’s state constitution that protect pension and retirement benefits from federal bankruptcy rulings could be put at risk in a court battle. If a high court rules that federal bankruptcy laws override state protections, then every pension plan in the country thinking it has state protection will be affected negatively, with national and perhaps even international ramifications. The municipal bond market is nearly $4 trillion in size, and such a ruling could, at the very last, unnerve that market, raising the cost of borrowing significantly, forcing other cities bordering on bankruptcy over the edge.

Michael Sweet, an attorney at Fox Rothschild who helped the city of Redmond, California restructure its finances in order to avoid bankruptcy, noted: “The last thing [union pension funds] may want is for a judge to rule on that … because if the judge ruled on that against them, it would open the floodgates” for similar cases.

 

Unanimous Supreme Court Ruling on Human Genes is a Split Decision

On Thursday the Supreme Court ruled unanimously that patents on human genes are now void, while the successful creation of synthetic genes may continue to be patented. Both sides of the lawsuit celebrated victory. Mike Adams of Natural News exclaimed: “Sanity prevails: human genes are not eligible for patent protection!” while the ACLU declared: “Victory! Supreme Court Decides Our Genes Belong to Us!”

On the other hand, Myriad Genetics, Inc., the biotechnology company that holds dozens of patents on human genes, wrote:

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Many Positives Coming from the Unfolding NSA Leaker Story

This article was first posted at  the McAlvany Intelligence Adviser:

 

Hardly a sentient soul on planet Earth doesn’t know who Edward Snowden is, but few of them know of the ramifications and positives that are already coming as a result of his leak about NSA spying on Americans’ emails, voicemails, and IMs.

Because of his top-secret clearance across a broad spectrum of surveillance programs developed by the National Security Agency and the Central Intelligence Agency, Snowden had a rare opportunity to view the threats to privacy these agencies and their enablers have created. So he decided to do something about it:

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Jay Sekulow files lawsuit against the IRS, as promised

Sekulow heads up the American Center for Law and Justice (ACLJ). The initials reflect a deliberate alternative to the ACLU when it was set up by Pat Robertson back in 1990. Last week he announced his intention to sue the IRS on behalf of a number of Tea Party and Patriot groups singled out by the IRS for “special attention,” and yesterday he did.

He’s suing everyone within shouting distance:

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New evidence that Trayvon Martin was a teen-age thug might be withheld

I have a prejudice against Trayvon Martin and in favor of George Zimmerman. I’ve read widely about this case and written several articles about it in the past. My prejudice comes not only from that background but from evidence that the prostitute press has

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Colorado Sheriffs and Other Plaintiffs Sue to Void Two Gun Laws

On Friday morning all but 10 of Colorado’s 64 sheriffs along with 20 other plaintiffs gathered in Denver’s Independence Institute’s offices to announce the filing in U.S. District Court of a lawsuit to overturn two of the four gun control measures signed into law by Governor John Hickenlooper in March. According to John Caldera, the institute’s president, the lobby – called the Freedom Assembly – was

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.
Copyright © 2021 Bob Adelmann