No case is important or controls anything until appealed—and then, maybe
Adult Entertainment Copyright Owner Sues CloudFlare for Hosting Pirate Websites
The suit claims this is accomplished with the help of San Francisco, Calif.-based CloudFlare, which provides “an array of internet privacy services, including a content delivery network, and other services which it labels ‘pass-through’ services, and on information.” According to the filing the company “blatantly advertise[s]” that part of the service it sells shields and redacts the true identity of the website’s owners and hosts.
https://lawstreetmedia.com/news/tech/adult-entertainment-copyright-owner-sues-cloudflare-for-hosting-pirate-websites/
Institute for Justice – Around the Circuit
Survivor of a woman who died in childbirth sues obstetrician for medical malpractice in Massachusetts state court. The federal government removes the case under the Westfall Act and substitutes itself for the doctor because he was a federal employee, then gets the case dismissed based on shorter statute of limitations for suits against the government. On appeal, the government confesses the doctor actually wasn’t a federal employee, but it defends the result based on a different statute. First Circuit: After conducting some tamisage (Judge Selya alert!) on this messy case, there isn’t enough evidence to rule on the government’s Johnny-come-lately theory. Case remanded.
https://ij.org/sc_newsletter/cicero-bentham-coke-and-kierkegaard/
AND more spotlighted cases.
Despite Recession Fears, Bankruptcy Filings Decline in 2022
The geographic outlook for 2022 closely resembles 2021. The deep South still faces the most bankruptcies per capita. Through November, 436 bankruptcies per 100,000 people were filed in the Western District of Tenneseee, home to Memphis, in 2022, up from 357 in all of 2021. Similar trends hold for other Southern hotspots, indicating that despite bankruptcies decreasing overall, they are becoming increasingly concentrated.
https://lawstreetmedia.com/insights/have-bankruptcies-decreased-in-2022/
A true story about jury tampering
Pretty bold attorneys pulled this off. IT blew up in their faces.
A true story about The little old lady who reverses the sale of her home.
Procedure is SO important. I love it when an attorney is spanked by a good Judge.
The Ethics of Disputing the 2020 Election
When considering whether an attorney’s conduct negatively impacts the perception of the legal profession in the eyes of a member of the public, the court examines, among others, the substance of the actions or statement at issue, whether they were inartful slips of the tongue or spoken in the heat of the moment, whether they were an isolated incident, and whether they were undertaken in the attorney’s capacity as a client’s lawyer. In short, if the sum total of the improper statements “brings the legal profession into disrepute,” those actions will likely be viewed as prejudicial to the administration of justice. Given the case law, it is reasonable to think that a Maryland attorney who, like Mr. Giuliani, asserts false claims of voter fraud in court will likely find themselves under investigation for violations of Maryland Rule 19-308.4(d).
https://www.gdldlaw.com/blog/all-the-presidents-men-the-ethics-of-disputing-the-2020-election
Williams v. West Coast Hospitals, Inc.
Valley discharged Ann to an assisted living facility, where she died five days later. This suit alleges that Ann, unable due to dementia to communicate her needs, lost 40 pounds and became severely dehydrated at Valley, resulting in acute renal failure and that Valley, billing Medicare until her eligibility expired, “dumped” her at a non-medical facility, “misrepresenting to the family and facility that [Ann] was stable and healthy enough” for the transfer.
https://law.justia.com/cases/california/court-of-appeal/2022/h049177.html
A Matter of Will by T.L.Davis
The world waits for that American spirit to rise, the bold, rebellious soul of a once-proud people. Without it, depression descends, because they know they are not capable of it, either. Does the republic slide into the dark abyss, not to rise again for a century or two, if ever? Will the whole world be consumed by the fires of heathen sacrifice? Or, will we finally strap up and go into battle against the forces of tyranny once again? It’s up to us, we have the right to do so and the justification for whatever we might be forced to do. It’s simply a matter of will.
https://tldavis.substack.com/p/a-matter-of-will
A 30 minute lesson by Bill from his conference call
Are you aware of your competency or not? Fools make bad caselaw. And an peek behind a good tactical fight.
If you would like to take part in these foreclosure centric calls, simply ask to be added to the call announcement email list. Here.
Music Credits
Waffenruhe – War Chant Ritual
https://youtu.be/brczxLKD9jY
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2Bc
Christmas Jam Am 2021-12-18
Mutt (Jeremiah Johnson)
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