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Fed Judge Orders Liens On Fred Phelps' Church, Law Office

Topeka Capital Journal: (h/t J & BillW)

A federal judge in Maryland on Thursday ordered liens on the Westboro Baptist Church building and the Phelps-Chartered Law office.

If the case presided over by U.S. District Court Judge Richard D. Bennett is upheld by an appeals court, the church, at 3701 S.W. 12th, and the office building, at 1414 S.W. Topeka Blvd., could be obtained by the court and sold, with the proceeds being applied toward $5 million in damages Bennett imposed on church members for picketing a military funeral.

The $5 million penalty is the result of a lawsuit filed against three of the church's principals by Albert Snyder, the father of Marine Lance Cpl. Matthew A. Snyder, whose funeral was picketed by church members. Read on...

It's too early to know how this will be resolved, but I'm hoping the appeals court upholds the ruling and the family of the fallen soldier prevails. These vile people drag their kids along to picket soldier's funerals and spread hatred around the country. For a good laugh check out this brave dude who Rick Roll'd the Phelps clan as they attempted to get their hate on.



Language and the Democratic Frontrunners

Fascinating post by Jesse Wendel at Group News Blog regarding the kind of language the Democratic frontrunners are using to describe themselves and their campaigns:

Workers are all about competence. Why? ...Because workers sell their ability to make and keep promises. [The Worker Candidate] talks of her competence and experience, promises she will do what she's always done, and has the policy plans and papers to prove it...Clinton uses the language of a worker, the language of deep experience and competence...She tells us you can trust her judgment, knowledge and understanding, her years and years of being on the job, wisdom and training. She is no doubt genuinely baffled that anyone would choose someone who doesn't have the competency and vetting she has.

Managers aren't about declarations. Managers are about requests...[The manager candidate] requests you elect him to fix problems, lobbies for a change so he can fix the system. Edwards is an old-style Union man so even when his words are canonically declarative, if you listen carefully, what he's really doing is making a request for you to elect him because he can't deliver on his vision unless he's President.

Executives make the fundamental declarations of the enterprise: ...What business are we in? Who are we competing with? Who is our long term strategic ally? [The leader candidate] speaks in declarations, inspires, leads. ...When Obama speaks, he creates a future of an America in which all of us together will take on the troubles we know in our heart are coming and repair the damages which have occurred. Every time Obama opens his mouth, that future is more and more real. It happens AS he speaks. Obama's speaking makes it so. By declaration.

Obama is breaking out now because he speaks the language of a leader.

Read more...



Katrina Victims Lose In Appeals Court

katrina.jpg Yahoo News (h/t NonnyMouse)

Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damages, a federal appeals court ruled Thursday.

The case could affect thousands of rebuilding residents and business owners in Louisiana. Robert Hartwig, chief economist at the industry-funded Insurance Information Institute in New York, said in June that a ruling against the industry could have cost insurers $1 billion.[..]

The decision overturns a ruling by U.S. District Judge Stanwood Duval Jr., who in November sided with policyholders arguing that language excluding water damage from some of their insurance policies was ambiguous.

Duval said the policies did not distinguish between floods caused by an act of God - such as excessive rainfall - and floods caused by an act of man, which would include the levee breaches following Katrina's landfall.

But the appeals panel concluded that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."

God forbid the insurance agencies have to pay out for these people with devastating losses.



More Corruption-Custer Battles style

You'd think the Bush administration would want to investigate this type of graft. My bad...

A federal jury on Thursday ordered a U.S. defense contractor accused of war profiteering in Iraq to pay more than $10 million in damages and fines.In the first civil fraud case brought against a military contractor during the Iraq war, the jury in Alexandria, Va., found that Custer Battles LLC committed fraud in 37 instances in connection with a $9 million contract to help distribute new currency in Iraq....read on


Sci-Fi Friday

It's back...

Oh and:

"On December 22, a California jury ordered Wal-Mart to pay $172 million in damages to more than 100,000 current and former Wal-Mart workers, who had been unjustly and routinely denied meal breaks...read on"



 Bill Kovach,  Sulzberger and Judy

Arianna:If a man damages your credibility, why not lay the blame where it belongs? Whoever was leaking that information to Novak, Cooper or Judy Miller was doing it with malice aforethought, trying to set up a deceptive circumstance. That would invalidate any promise of confidentiality. You wouldn't protect a source for telling lies or using you to mislead your audience. That changes everything. Any reporter that puts themselves or a news organization in that position is making a big mistake...read on



USA Next accused of stealing photo of gay couple for anti-AARP ad campaign

via AmericaBlog

WASHINGTON, DC - Conservative front organization USA Next was accused today of illegally using a gay couple’s wedding photo in an anti-gay ad campaign supporting President Bush’s plan to privatize Social Security.

The couple in the photo, Richard M. Raymen and Steven P. Hansen of Portland, Oregon, have come forward through an attorney to demand that USA Next stop using their image, and that the organization publicly apologize for using their image in a homophobic and libelous way. The demand, contained in a letter sent today to USA Next Chairman and CEO Charles Jarvis, references the couples’ right to seek damages for the misappropriation of their image.



Public Citizen

American businesses file four times as many lawsuits as do individuals represented by trial attorneys, and they are penalized by judges much more often for pursuing frivolous litigation, according to a report issued today by Public Citizen.

The survey of case filings in two states (Arkansas and Mississippi) and two local jurisdictions (Cook County, Ill., and Philadelphia, Pa.) in 2001 found that businesses were 3.3 to 5.8 times more likely to file lawsuits than were individuals. This comes as businesses and politicians are campaigning to limit citizens rights to sue over everything from malpractice damages to defective products. By way of comparison, the number of American consumers (281 million) outnumbers the number of businesses in America (7 million) 40 times. To read the report, click here.