Tag Archives: lawsuit

Trump rally attendees sue San Jose

Fourteen attendees of a San Jose Trump rally on June 2 have filed a class-action suit against the city, the mayor, and the police chief for their failure to protect them from rioters.

“Law-abiding citizens leaving the Trump rally were victimized by being forced by armed police to walk into a riot in full swing where many were assaulted while police looked on,” said the plaintiffs’ attorney, Harmeet K. Dhillon, who is also the vice chair of the California Republican Party.

Dhillon says her clients range from a 14-year-old who was assaulted by two different individuals and denied assistance by the San Jose Fire Department to a 71-year-old woman whose glasses were ripped off and destroyed by three rioters. She said it was made clear that the “inaction” of 250 San Jose police officers “was colored by political viewpoint considerations.”

As documented at the time, the San Jose police actually arranged things so that the Trump supporters were forced to take a detour that would put them directly in the path of the violent protesters, and then stood down and watched them get attacked.

I hope they win big, and bankrupt the mayor and the police chief.

SpaceX wins first round in lawsuit

In the heat of competition: A state judge has denied a request by Broadcom for a temporary injunction to block the five engineers hired from that company by SpaceX from doing work during the lawsuit.

The article includes further information, including details from one of the poached employees, justifying and explaining their job move.

Computer chip company sues SpaceX

The competition heats up: A computer chip manufacturer has sued SpaceX, accusing it of stealing both its engineers and the computer chips they were designing.

Broadcom’s co-founder and chief technology officer Henry Samueli met with SpaceX CEO Elon Musk in October 2015 in attempts to solidify an agreement, at which time Musk insisted Broadcom keep its “A-team” on the project, according to the complaint.

But even as Samueli and Musk were meeting, other SpaceX representatives were attempting to uncover the identities of the “A-team” engineers working on the Space X project, Broadcom says in its complaint. Five Broadcom engineers – all of whom worked on the SpaceX project – resigned their positions with the company effective March 11, and refused to disclose their new employer, according to the complaint. Broadcom says SpaceX confirmed they hired the five engineers on March 9, saying nothing prevented them from hiring other Broadcom engineers.

For its part, SpaceX says the Broadcom engineers – all named as defendants in Broadcom’s complaint – approached them. “SpaceX did not pursue or lure engineers from Broadcom,” a SpaceX spokesman said. “On the contrary, these engineers reached out to SpaceX anticipating significant layoffs at the Broadcom Irvine location.”

Japanese investor sues Excalibur Almaz

The billionaire investor in the company Excalibur Almaz is suing the lawyer in charge for fraud.

Using the $49 million the billionaire invested, the lawyer purchased several Soviet-era capsules and a Almaz space station module from the Russians, claiming they would use this equipment, once refurbished, to establish a commercial space company. What the lawyer, Art Dura, did not tell anyone was, as the lawsuit explains:

“The purchase contracts had to be approved by the Russian government, and unbeknownst to plaintiff … expressly excluded the right to modify the Russian hardware, thus relegating it to display uses only! The items were only museum pieces, a secret Dula would keep until well after he acquired control of plaintiff’s investment.”

Dula’s vehicle for the scheme was Excalibur Almaz Limited, an entity he set up in the Isle of Man, into which he transferred Horie’s $49 million investment, according to the complaint.

What I find amazing is that the company, Excalibur Almaz, also put out a lot of press releases describing how they were going to use this Russian equipment as part of their space effort. I reported on these releases myself. That Dura was able to keep the contract terms secret, that even the Russians didn’t publicly protest his false statements, is most interesting. Apparently, the Russians were glad to take his money and even help with the fraud, by not revealing the truth when Dura made public claims that were impossible according to the contract.

This story illustrates one of the less obvious investment risks inherent in a new industry such as commercial space. Not only can vehicles crash and burn, there are also a lot of con artists out there willing to take advantage of naive individuals who are so passionate about space exploration that they don’t look closely at what they are doing.

Judge orders release of documents withheld by DOJ in Fast-and-Furious

A federal judge has ordered the Obama administration and the Justice Department to hand over some of the documents demanded by Congress in its investigation of the government’s gun-smuggling operation dubbed Fast and Furious.

The judge also ordered the Justice Department to provide Congress a list of withheld documents so that they will have a better idea of what documents should be made available.

Michael Mann’s court suit under attack

Good news: Groups from across the political spectrum are expressing their opposition to Michael Mann’s court suit against his critics.

On Monday, The Reporters Committee for the Freedom of the Press — along with 26 other groups including The Washington Post, Bloomberg and Fox News — filed an “amici curiae,” or “friend of the court,” brief with the D.C. Court of Appeals. An amici curiae is a brief submitted to a court to raise additional points of view to sway a court’s decision.

“While Mann essentially claims that he can silence critics because he is ‘right,’ the judicial system should not be the arbiter of either scientific truth or correct public policy,” the brief states, adding that “a participant in the ‘rough-and-tumble’ of public debate should not be able to use a lawsuit like this to silence his critics, regardless of whether one agrees with Mann or defendants.”

Just as Mark Steyn and Rand Simberg said it, I will say it also: Michael Mann is a fraud. He has no idea what it means to be a scientist, and should have been fired by his university after his climategate emails were uncovered. Instead, his university’s investigation was a whitewash and as much a fraud as Mann is.

Another former SpaceX employee sues

SpaceX has been hit by its second lawsuit in a week from a former employee.

The lawsuit, filed in Los Angeles Superior Court, alleges that SpaceX supervisors impose schedules on their employees that make it impossible for them to take statutorily required rest periods every four hours or first or second meal breaks as required by California law.

I consider this suit a bigger threat to the company than the first. The first suit merely claimed that the company didn’t give its fired employees the 60 day warning as required by law. If they win, they will get some payments, but the company will be able to continue as before.

This second suit, if successfully, could force the company to change its aggressive culture, where employees are expected to work very hard, sometimes 60-80 hour weeks, to make things happen quickly. While those work hours might seem abusive to some, to most of the people working there it is what they want to do. A successful lawsuit here could force the company to literally stop them from working. The conditions then might be more relaxed, but the ability to make progress will be stymied, and the costs for making that progress will go up considerably.

Second judge demands explanation from IRS

A second judge has now ordered the IRS to explain under oath how it lost Lois Lerner’s emails central to the agency’s harassment of conservatives.

The article does not tell us if this second judge has put a deadline on his demands. I expect we will learn more by the end of the day.

Update: This article provides more information. It appears he wants his answers fast, but is also willing to defer to an IRS inspector general investigation into the lost emails that is ongoing.

At a hearing Friday, [U.S. District Judge Reggie] Walton warned government lawyers that he wanted a quick turnaround on that information, saying he would likely require it by the end of next week. Walton said he expected to officially make his order by the end of Friday, but also suggested that he was willing to defer at least somewhat to the inspector general’s investigation and to the multiple congressional inquiries into the IRS. “I am one of the judges that believes the judicial branch has a limited role” in these sorts of cases, Walton said.

Federal judge gives the IRS 30 days to come clean

A federal judge has given the IRS 30 days to testify under oath how the Lois Lerner emails were lost.

This testimony will be far different than congressional hearings, in that it will be wide-ranging and will not have Democratic legislators present to provide cover. It will also not be under the time constraints that limit congressional hearings.

In related news, Congressman Steve Stockman (R-Texas) has filed a resolution calling for the arrest of Lois Lerner for contempt of Congress.

Two California residents have filed a class action suit against their health insurance company for misrepresenting the doctors and hospitals that their plan would include.

Finding out what’s not in it: Two California residents have filed a class action suit against their health insurance company for misrepresenting the doctors and hospitals that their plan would include.

The lawsuit accuses Blue Shield of advertising “one of the largest networks in the state” – with more than 60,000 physicians and 351 hospitals – and of failing to disclose that the networks for certain plans were substantially smaller. After receiving medical treatment numerous times between January and March, Harrington and Talon later discovered that their providers were not covered, forcing them to pay the charges out-of-pocket, the complaint said. The lawsuit alleged claims of false advertising, unfair business practices and breach of contract under California law.

We must remember that though Obamacare itself is not the subject of this suit, the law is still the root cause of the problem. It forced these individuals to buy insurance they might not have wanted, and it forced the insurance companies to restructure and narrow their insurance plans to meet the dictates of the law.

A retired NASA manager is suing the Discovery Channel for its false portrayal of his action in connection with the Challenger shuttle accident.

Fake but accurate: A retired NASA manager is suing the Discovery Channel for its false portrayal of him in a movie about the Challenger shuttle accident.

The suit says that in the movie’s crucial scene Lovingood is shown testifying falsely that the odds of a shuttle failure were much higher than other NASA engineers calculated. … “The clear statement and depiction was that Lovingood lied about the probability of total failure being 1 in 100,000 when NASA’s own engineers said it was 1 in 200,” the lawsuit says. “This movie scene never took place in real life at any hearing. (Lovingood) was never asked to give any testimony as depicted and he did not give testimony to the question shown in the movie in this made up scene.”

“It makes it look like (NASA leadership) ignored a highly risky situation” in deciding to launch Challenger that day, Lovingood’s attorney Steven Heninger of Birmingham said Friday. Heninger said the movie was the network’s “first attempt at a scripted program … and they took shortcuts because they were writing for drama.” The testimony in the movie was not in the investigation commission’s records or Feynman’s book “What Do You Care What Other People Think?,” both of which were sources for the film, the suit claims.

Though NASA management did consistently claim the shuttle was safer than it actually was, to falsely portray this specific individual as the person who said those lies when he did not is without doubt slander. I hope he wins big.

This is, by the way, a nice example of typical media arrogance. If you are going to fictionalize real events for dramatic purposes, you don’t use the names of real people and put words in their mouth when you do so. It leaves you very vulnerable legally to exactly this kind of lawsuit. That the Discovery Channel did so is good evidence they think they are above the law and do not have to care if they destroy people’s lives.

The operators of campgrounds in the national forests are suing the Obama administration, saying it had no right to force them to close down during last October’s government shutdown.

The operators of campgrounds in the national forests are suing the Obama administration, saying it had no right to force them to close down during last October’s government shutdown.

The suit, which was filed in October, claims that the campgrounds and recreation areas should have been allowed to remain open because they don’t rely upon the federal government for funding and that private staff could have safely managed the sites. The group says the Forest Service carried out what it described as politically driven orders from the Obama administration, costing businesses hundreds of thousands of dollars in lost revenue.

There’s also this revealing quote from the article:

Ms Reese said she cannot understand why her members had to close up shop for much of the shutdown but other private operators on forest land — including several resorts — got a reprieve. “The frustrating part is that the campgrounds were closed, just the camp grounds, and not resorts or marinas,” she said.

Gee, isn’t this an example of the Obama administration abusing its power to hurt innocent citizens because it can’t get what it wants? And isn’t it kinda similar to what was done by Chris Christie’s underlings in New Jersey that has the mainstream press going into a wild-eye snit? I wonder, for what reason could the press have so little interest in this similar example of government abuse-of-power?

A physicians organization has filed a lawsuit against the Obama administration’s decision to delay Obamacare employer mandate by one year.

A physicians organization has filed a lawsuit against the Obama administration’s decision to delay Obamacare employer mandate by one year.

The AAPS lawsuit, which was filed today in the Eastern District of Wisconsin, asks the Court to enjoin the Obama Administration from imposing its “individual mandate” while delaying the “employer mandate.” The law that was passed by Congress in 2010 requires that the employer mandate go into effect at the same time as the individual mandate: Jan 1, 2014.

“The U.S. Constitution requires a strict separation of powers between the three branches of government, such that the executive branch cannot change laws passed by Congress,” AAPS’s lawsuit explains. By imposing the individual mandate in 2014 without the protection of the employer mandate, the Obama Administration has changed the legislation passed by Congress.

In a negotiated settlement, Arizona police will pay the widow of Jose Guerena, murdered during a SWAT raid, $3.4 million.

In a negotiated settlement, Arizona police will pay the widow of Jose Guerena, murdered during a SWAT raid, $3.4 million.

The police settled because they knew that if the case had ever reached a jury, they would have lost hands down. I feel for the widow, as she probably had to settle now because she couldn’t wait the years necessary for a full victory in court.

The Virginia veteran who was arrested simply because of his political posts on Facebook has sued the police and other government workers over his arrest.

Pushback: The Virginia veteran who was arrested simply because of his political posts on Facebook has sued the police and other government workers over his arrest.

A lawsuit was filed today in federal court in Connecticut against the new gun control laws that were passed recently after the Newtown shooting.

Pushback: A lawsuit was filed today in federal court in Connecticut against the new gun control laws that were passed recently after the Newtown shooting.

The lawsuit seeks immediate injunctive relief and a ruling declaring the new law unconstitutional under the Second Amendment of the U.S. Constitution. It alleges that Connecticut’s new firearms law is not only unconstitutional but dangerous, since it makes both citizens and law enforcement less safe by depriving citizens of firearms that are in common use throughout the country. The very firearms and design features banned by the new law are commonly used in part because of safety, accuracy and ease-of-use features that make them effective in the hands of citizens who must defend themselves and their families against criminals and the mentally ill who do not obey such laws.

A federal judge in Detroit has ruled that a Catholic-owned private business does not have to comply with the Obama administrations contraceptive mandate.

We’ve only just begun: A federal judge in Detroit has ruled that a Catholic-owned private business does not have to comply with the Obama administrations contraceptive mandate.

Two Baptist-affiliated colleges today sued the Obama administration over its contraceptive mandate.

We’ve only just begun. Two Baptist-affiliated colleges today sued the Obama administration over its contraceptive mandate.

There are now 33 separate lawsuits over this odious attempt under Obamacare to impose contraceptives on those who do not believe it moral to use them.

Another college has filed suit against Obamacare and the Obama administration’s mandate forcing them to buy contraceptives in violation of their religious beliefs.

We’ve only just begun. Another college has filed suit against Obamacare and the Obama administration’s mandate forcing them to buy contraceptives in violation of their religious beliefs.

Two more evangelical colleges have joined the lawsuit against the Obama administrations’ contraceptive drug mandate under Obamacare.

We’ve only just begun: Two more evangelical colleges have joined the lawsuit against the Obama administrations’ contraceptive drug mandate under Obamacare.

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