Archive for October, 2011

HAPPY HALLOWEEN!!!

Happy Halloween to all of the ghostly regulars of the Turley Blog! Despite the theory that Halloween is just a cry for help from my rotting soul, I love this holiday and the house is covered with our annual display of skeletons, webs, and spooky items.
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Here is our annual list of Halloween torts and crimes. This holiday remains a favorite for personal injury lawyers around the world and this year’s additions show why.

So, with no further ado, here is this year’s annual Spooky Torts list of actual cases from Halloween (with our past winners).

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Fausto Lopez is someone who does not like to be late for work. Running late this month for his security job, Lopez was clocked speeding at 120 mph and then took police on a car chase. The security position is his second job. He is a Miami police officer.
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In Santa Fe, Mexico, no one takes Monopoly quite as seriously as Laura Chavez, 60. Chavez was arrested last week for allegedly stabbed her boyfriend repeatedly after accusing him of cheating at Monopoly.
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I have previously raised concern over the treatment of Herman Cain by the media and Democratic activists because of his race. While I have strong disagreements with Cain, I find it discomforting to see how his race is such a preoccupation with Democrats. This weekend, I was taken aback by the statement of Democratic strategist and MSNBC analyst Karen Finney that Cain is “a black man who knows his place.”
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This YouTube video is raising some disturbing questions about the judgment and training of police in Gatineau, Canada. The police are shown responding to a call of an escaped calf by shooting the animal about a dozen times.
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Submitted by Mark Esposito, Guest Blogger

42-year-old Tonya Sutton  isn’t one to wear religion on her sleeve — more like in her hands. Toting a Bible in one hand and an open Colt .45 malt liquor in the other, the Fort Pierce native was stopped by police for violating Florida’s open container law. When police cracked open the Good Book, and much to their surprise, they found a hollowed out section for Ms. Sutton’s crack pipe – allegedly, of course. Police arrested Ms. Sutton on alcohol and drug paraphernalia charges.

Not sure if Sutton got the idea from the 1968 Robert Mitchum film, Five Card Stud, where his character, Rev. Rudd, kept his firearm in a carved-out Bible, or from “Andy” in The Shawshank Redemption, who did the  same for his rock pick, but either way it’s ironically delicious.

This may also help explain why one in three Americans enthusiastically takes the Bible as literally true. After all, Karl Marx did call religion the “opiate of the masses.”  Who knew that old German had a funny streak in him? In any event, it seems  Bible pushers have a new marketing gimmick for their product.  As every kid knows, a prize in the box always boosts sales.

Source: UPI

~Mark Esposito, Guest Blogger

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The Horror

-Submitted by David Drumm (Nal), Guest Blogger

George Will, a conservative columnist for the Washington Post, is not pleased with the GOP’s front runner, Mitt Romney. In his latest column, Will slams Romney for Romney’s support of ethanol subsidies. Will notes that Obamacare is a cousin of Romneycare. Will also goes after Romney’s waffling on support of the opposition to the repeal of the law that Ohio Republican Gov. John Kasich enacted, limiting the collective bargaining rights of public employees.

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Dinner With Drac

-Submitted by David Drumm (Nal), Guest Blogger 


For your Halloween listening enjoyment, we present John Zacherie in glorious STEREO!

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Slaver?

Or Emancipator?

Submitted by Gene Howington, Guest Blogger

So you don’t think you’re a slaver?

Of course you don’t.

Statistically speaking, most of you are decent people.  You find the notion of slavery abhorrent.  Slavery is illegal in this country and immoral and unethical everywhere.  You’d never hire someone using slaves to work for you.  You’d never buy something you knew without a doubt was made by slaves.

Right?  Or would you?  What if you didn’t know your subcontractor relied upon slave labor or the goods you purchased were made by slave labor or relied on natural resources gathered and processed by slaves?  If you did, would you do something about it?  Knowledge is power.  As your quantity and quality of relevant information increases, so will the quality of your decision making.

Would you like to get an idea about how much slave labor goes into maintaining your lifestyle, if any?

There’s an app for that.

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Submitted By Mark Esposito, Guest Blogger

An interesting story out of Appomattox, Virginia, and  one that hits closer to home than I originally thought. Anti-Gay lobbyist and former deputy clerk of the Virginia House of Delegates, Linda Wall, wants to put her conservative  ideology to work for the citizens of Appomattox, Virginia in the election for the Commonwealth’s 59th District House seat.  Running as an independent, she describes herself as a “Republican-leaning conservative.” Her campaign slogan is: “A Campaign of Protection and Restoration.”  But the place where our Country was reunited in 1865, is wondering just what kind of “protection” she’s talking about and has a real dilemma on its hand since Wall admitted a lesbian affair with one of her junior high students in the early 1970s.

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B.E.S.T. Results

-Submitted by David Drumm (Nal), Guest Blogger

B.E.S.T., Berkeley Earth Surface Temperature, is the organization, formed by Richard Muller, Professor of Physics at the University of California at Berkeley and self-proclaimed climate skeptic, to analyze temperature data. B.E.S.T. has received a total of $623,087 in financial support, with the largest contribution, $150,000, coming from the Charles G. Koch Charitable Foundation. B.E.S.T. directly addressed concerns including urban heat island effect, poor station quality, and data selection bias.

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Summertime Blues

-Submitted by David Drumm (Nal), Guest Blogger


Today we have the original, by Eddie Cochran, in glorious STEREO!

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For years, civil libertarians and environmentalist have denounced President Obama for his policies violating core principles of those movements. Now anti-corruption and good government groups are denouncing him for his abandonment of pledges to not to take lobbyist money.

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Shorter University President Donald Dowless has notified the faculty and staff that they will now be required to sign mandatory pledges that affirm their rejection of homosexuality and other unChristian acts. The pledge, Dowless, insists, is necessary as an “affirmation of our Christ-centered mission.” It has caused a considerable controversy, though the countervailing religious practice rights should be considered.

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The article below contains a rather bizarre note on how our soldiers are trained to deal with the religious demands of our Afghan allies when deployed. Troops are taught that they should not spit, urinate, or sleep with their feet exposed toward Mecca.
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With repeated brawls in McDonald’s, it is would seem that it is pretty hard to be excluded from the restaurant chain. However, Erin Carr Jordan found a way. The mother of four and college professor with a doctorate in developmental psychology, has been leading an effort to get McDonald’s to clean its play area by testing equipment and reportedly finding dangerous levels of pathogens. It is not the first time McDonald’s has been accused of such dangerous levels — made more dangerous by being in proximity to food where the children digest the pathogens.
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As a self-confessed Halloween devotee, I am always taken aback by those who want to change or eliminate what seems to me to be a hugely fun holiday for kids and adults alike. Yet, this year has seen the annual reforms of the holidays from changing the date to establishing the alternative of “Jesus Ween.” Yet, this is an improvement over psychoanalysis that my love for Halloween is merely a cry for help from my dying soul.

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Who Needs A Car Alarm?

When I saw this on Reddit, I marveled how in this community people feel comfortable leaving their doors unlocked while shopping.
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The newly announced stimulus effort to help students has been denounced as an election year ploy that, as discussed in the below article, would result in less than $10 a month in savings for the average student. The question is whether such a use of executive power is constitutional given the conflict with prior legislation.
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The 2nd District Court of Appeal in Lakeland, Florida is under fire after upholding the use of Islamic law by Hillsborough County Circuit Judge Richard A. Nielsen. The uproar has reignited the national controversy over the perceived threat of Sharia law to the United States.

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When former Rep. Steven Driehaus lost his seat in Ohio’s 1st Congressional District, he prepared more than a concession speech. He prepared a lawsuit. Driehaus blames his defeat on what he says were misrepresentations by the Susan B. Anthony List, a group that supports pro-life candidates for Congress. (more…)

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Many of us may have been under the misimpression that the sale of relics is a market that has largely disappeared since the height in the Middle Ages. An auction this week shows that it has not disappeared. It has simply moved from religious to rock relics. John Lennon’s remarkably yellow tooth will be auctioned on Omega auction with a price of $16,000. Assuming that all teeth are valued the same, that would mean that John Lennon’s full 32-tooth dental resources (not including baby teeth) are worth $512,000.
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With Libya now moving to a Sharia-based system that will impose religious values on the population, Egypt is also rapidly moving toward an extreme Sharia based system. Indeed, Hesham al Ashry (the leader of the Salafists) announced this week that “I am the enemy of democracy.”

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Now this would make for an interesting tort lawsuit. A California man was rescued on Saturday after being stuck in a toddler’s swing in the park for nine hours. The man had bet his friends $100 that he could fit into the swing, lubricated himself with laundry detergent, and squeezed into the swing — only to be stuck. After trying unsuccessfully to free him, the friends decided to leave him as a joke.

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The fire department in Rochester, Kent had a bit of a surprise when people came pouring out of a charity event on Saturday. Sixty Elvis impersonators fled the building and were all shook up.

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There is an interesting case out of the Michigan courts this week. A Michigan appellate court ruled that a mother, Gale Boertmann, who saw her son’s fatal motorcycle accident could claim damages under her own auto insurance for her injuries while driving. Cincinnati Insurance Co. objected, saying that the injury was not due to her operation of the vehicle since “she would have suffered the exact same injury if she were standing on the front porch of her house.”
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We have previously discussed “buck fever” cases and the relative absence of civil or criminal penalties for fatal hunting accidents historically. This week saw another tragic case after Marine reservist Christopher A. Ochoa, 20, was shot while hiking with a friend. Gene Collier, 67, says that he though Ochoa was a bear while hunting with his grandson.
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Many people have watched the spontaneous “Occupy Wall Street” protests and have been inspired and moved to action. Robert and Diane Maresca are two of those people but not quite in the way intended. The Long Island couple has filed a U.S. Patent and Trademark Office (USPTO) application to cash in on the movement and claim ‘Occupy Wall St.” as a global brand name for merchandise and marketing.
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Jill Filipovic claims to have found quite a surprise when she arrived in Ireland. Upon opening up her luggage, she allegedly discovered that the TSA had done an inspection of her luggage. What was disconcerting is that, after finding a sex toy in her luggage, an inspector left a message on the inspection notice saying “GET YOUR FREAK ON GIRL”
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Police in Minneapolis are awaiting an autopsy to determine if Thomas James Hart, 23, is a killer. It is an all-too-familiar story: boy meets girl, girl dumps boy, boy drowns ferret. The whodunit will turn on the whether the victim has water in the lungs — evidence that Hart drowned him in a bowl of water. The problem is that the victim is a ferret.
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I received a fair amount of criticism after my post following the death of Maummar Gadhafi objecting to the apparent execution of the deposed leader and the abuse of his body. One rebel has now come forward to take credit in executing the unarmed dictator and there is now a report that a Libyan rebel may have sodomized the dictator as part of the abuse after his capture.

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After heralding in what President Obama called a new era of “dignity” but abusing and killing a wounded Maummar Gadhafi, the head of the transitional government leader Mustafa Abdul-Jalil has announced that the new government will be structured on Sharia law — ruling under Islamic values and imposed religious dictates.

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Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
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Texas Gov. Rick Perry has gone public with a long love affair — usually not a moment politicians relish. Perry, however, could not continue to live a lie and publicly announced that yes he has had an affair starting in childhood with . . . guns. This was no ménage à trois with Messrs. Smith and Wesson, but all guns.
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I saw this amazing clip this weekend from FOX where the anchors attacked a women because she left her kids with family and friends to participate in the Occupy Wall Street protests.
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As we continue to pour billions into Afghanistan and lose American lives, Afghan President Hamid Karzai has announced that Afghanistan is prepared to fight the United States if it attacks Pakistan. Karzai previously announced that he wished that he had supported the Taliban over the United States. Even with billions of dollars disappearing (including huge sums reportedly seized by the Karzai family), we continue to drain our treasury to prop up a corrupt and often overtly hostile government that denies women basic rights and has established increasing ties to the Taliban and other extremist groups. After ten years, we have an ally who not only says that he wishes he were with the Taliban killing Americans but intends to fight the United States if we end up in a war with Pakistan.

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The Next Bella Abzug…Maybe?

Submitted by Elaine Magliaro, Guest Blogger

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-Submitted by David Drumm (Nal), Guest Blogger

Holdings, or ratio decidendi (Latin for “the rationale for the decision), are those parts of a court’s opinion that are binding on lower courts and later courts. This binding is referred to as the doctrine of stare decisis which provides hierarchical (vertical) and temporal (horizontal) continuity throughout the judicial system. Obiter Dicta (Latin for a statement “said in passing”), or dicta, are those parts of a court’s opinion that are not binding on lower courts and later courts. Dicta may suggest an interpretation of the law that may prove useful in future cases.

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-Submitted by David Drumm (Nal), Guest Blogger

It’s time once again for a history lesson, coming to you courtesy of Sen. Marco Rubio (R-Florida). The questions are: when did Fidel Castro come to power and when did Rubio’s parents come to America? According to Rubio’s official bio, his parents “came to America following Fidel Castro’s takeover” of Cuba. Rubio used that compelling story to shape his political persona. Rubio would tell audiences that he was the “son of exiles” who fled their beloved homeland after “a thug” took power.

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-Submitted by David Drumm (Nal), Guest Blogger


Today we have Barbara George in glorious STEREO!

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Sunday in Paris With Eric

Here is our picture of the week from our erstwhile colleague in the City of Light, Eric Tenin.
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Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

If you think the Government is allowed to spy on Americans too much already, this next story will increase your blood pressure.  It was recently disclosed by the Associated Press that a CIA undercover operative has been directly advising the New York Police Department for at least 3 months.  I could have sworn that it was illegal for the CIA to spy on Americans, but nothing has been done to curb this possible violation and abuse of American’s privacy. (more…)

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Spain’s Stolen Babies

-Submitted by David Drumm (Nal), Guest Blogger

Up to 300,000 Spanish newborn babies were stolen from their parents and sold for adoption over a five decade period. The mothers, often young and unmarried, were told their babies had died and were not allowed to see the body or attend the funeral. A secret network of doctors, nurses, priests, and nuns trafficked the babies beginning during the reign of General Franco and continuing into the early 1990′s.

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Substitute

-Submitted by David Drumm (Nal), Guest Blogger


Today we present The Who in glorious STEREO!

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Submitted By Mark Esposito, Guest Blogger

In yet another sign of the Apocalypse, an 82-year-old grandmother was denied medical attention for 30 minutes and told to call an ambulance after she fell and broke her hip. That’s bad enough, but what is particularly infuriating is that she was told this by staff at Greater Niagara General Hospital where she’d fallen.

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New video evidence below shows Maummar Gadhafi was alive after being seized in the operation that led to his capture. What I find rather disconcerting is the treatment of this video by the media, which covered the “joy” and “celebration” of the event while ignoring the shocking abuse of a wounded man and then the parading and stripping of this corpse. We were appalled when militants paraded the bodies of Americans in Somalia and Iraq. Yet, when it is someone we hate, it barely draws mention while newspapers taunt the dead man as being pulled “from a stinking drain.”

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Every year, Halloween gets scarier and scarier. I am not talking about the costumes but religious writers and activists who denounce the holiday as a pagan attack on God and faith. The creepies started early this year. Bloomberg columnist Amity Shlaes has written to denounce “the pull of the pagan” and ask people to think about how Halloween fills the vacuum left from the absence of faith.
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The Fontana Unified School District board is not generally a hot bed of controversy, but it is the focus of a novel controversy after member Leticia Garcia revealed that she has a “confidential marriage” to a convicted murderer who was recently released. The existence of such confidential marriages is a surprise to most citizens, but not as much as the existence of a former convict husband for a recently elected board member who reportedly had said she was divorced.
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I am pretty certain I know the favorite graduate lab in Canada. Canadian researchers have just released the genome sequence of the Cannabis sativa, better none as The Purple Kush, one of the most potent forms of marijuana.

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