Jury Awards Can be Adjusted
Black Woman Fired for Being Late 47-Times Awarded Millions by Manhattan Jury Because Racism or Something
Ms. Europe’s tenure at the club was short-lived; Equinox terminated her employment in less than a year because, the company said, she was late 47 times in the course of 10 months. Ms. Europe held a different view of her firing, believing that her lateness was merely a pretext for discrimination, and soon after she filed a lawsuit in Manhattan federal court, arguing that she had been subjected to a hostile work environment and eventually let go because of her race and gender. Last week, a predominantly white jury of five women and three men agreed, delivering a verdict in little over an hour. The next day they awarded her $11.25 million in damages.
https://peterhalligan.substack.com/cp/124071459
New Jersey Trial Rule
RULE 4:49-1. Motion for New Trial; 3. Additur/Remittitur. When a trial court finds that the dollar amount of a jury verdict is either grossly excessive or inadequate, a new jury trial on damages must be granted unless both parties consent to a “remittitur” or “additur.”
Orientale v. Jennings, Supreme court, New Jersey
Orientale maintained an underinsured motorist policy with defendant Allstate New Jersey Insurance Company (Allstate) that provided coverage for damages up to $250,000. Orientale initiated a claim for her personal-injury damages in excess of $100,000 allegedly caused by the accident. Although the jury returned a verdict finding that Orientale suffered a permanent injury, it awarded damages in the amount of only $200. Because the jury award did not exceed Orientale’s $100,000 settlement with Jennings, Allstate’s underinsured motorist coverage policy was not triggered.
https://law.justia.com/cases/new-jersey/supreme-court/2019/a-43-17.html
Tercero v. Texas Southmost College District, No. 19-40740 (5th Cir. 2021)
After plaintiff prevailed on her procedural due process and breach of contract claims against TSC, the trial court vacated the jury’s verdict on the breach of contract claims and reduced the damages award on her procedural due process claim to $1.
https://law.justia.com/cases/federal/appellate-courts/ca5/19-40740/19-40740-2021-02-24.html
Property Tax and Law
Tyler v. Hennepin County, 598 U.S. _ (2023)
Hennepin County, Minnesota condominium accumulated about $15,000 in unpaid real estate taxes plus interest and penalties. The County seized the condo and sold it for $40,000, keeping the $25,000 excess over Tyler’s tax debt for itself, Minn. Stat. 281.18, 282.07, 282.08. The Eighth Circuit affirmed the dismissal of Tyler’s suit.
https://supreme.justia.com/cases/federal/us/598/22-166/
The Supreme Court reversed. Tyler plausibly alleges that Hennepin County’s retention of the excess value of her home above her debt violated the Takings Clause.
Preservation for Appeal
Grady v. State, Supreme Court, Arkansas
After a trial, Defendant was convicted of raping his minor stepson and sentenced to life imprisonment. On appeal, Defendant argued that the circuit court abused its discretion by denying a continuance to investigate a supplemental DNA report allegedly provided to the defense the Friday before trial. The Supreme Court rejected the argument and affirmed, holding that Defendant never requested a continuance to obtain an expert to perform DNA testing and that Defendant’s argument was not preserved for appellate review.
https://law.justia.com/cases/arkansas/supreme-court/2023/cr-22-484.html
A Listener (friend) Asks
Are familiar with Chizom v Georgia 1800s case i think talks about SOVEREIGNTY WITHOUT SUBJECTS,oh,state v baton talks more about sovereign and one more for interest Rodrigues v ray Donovan 769 F2d 1344,1348 (1985) and isn’t it most unfortunate that most don’t get it that even small s sovern as the collective would be an awesome force for those hiway bandits and road pirates too reckon with,bahhhh,oh,please member treatise on false kidnapping/ar-rest,happened slavery,oh and what about the book written by the only shyster never too loose A case?member his name? Little bit ah trivia with your corn-flakes & round earth stuff:de-fine what is truth?and last. But not least TLDavis is my he’ro:keep up the good-work,happy dawn:peace (emphasis added).
Via text
Sovereigns Without Subjects
It will be sufficient to observe briefly, that the sovereignties in Europe, and particularly in England, exist on feudal principles. That system considers the Prince as the sovereign, and the people as his subjects; it regards his person as the object of allegiance, and excludes the idea of his being on an equal footing with a subject, either in a Court of Justice or elsewhere. That system contemplates him as being the fountain of honor and authority; and from his grace and grant derives all franchises, immunities and privileges; it is easy to perceive that such a sovereign could not be amenable to a Court of Justice, or subjected to judicial controul and actual constraint. It was of necessity, therefore, that suability became incompatible with such sovereignty. Besides, the Prince having all the Executive powers, the judgment of the Courts would, in fact, be only monitory, not mandatory to him, and a capacity to be advised, is a distinct thing from a capacity to be sued. The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the Prince and the subject. No such ideas obtain here; at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, BUT THEY ARE SOVEREIGNS WITHOUT SUBJECTS (unless the African slaves among us may be so called) and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty (emphasis added).
Chisholm Ex’r. v. Georgia, 2 U.S. 419 (1793)
Hour 2
Michael Gaddy’s Substack.
https://michaelgaddy.substack.com/
What Exactly Is a “Default”?
These distinctions are important. But the difference between usage one and usage two—and the important differences of degree within usage two—are sometimes obscured.
https://reason.com/volokh/2023/05/25/what-exactly-is-a-default/
Challenge the so-called Default with the ucc
Let’s make this simple.
Who the hell are you? And what gives you the right?!
Bill Johnson
taking The ‘Moral high ground’ in foreclosure
You take the moral high ground by defending from an alleged note holder.
Know Thy Enemy
by T.L. Davis
The first is Donald Trump. I don’t care whether he’s your hero or you can’t stand him. That’s irrelevant to what I’m about to say. No matter what he did during the pandemic, or what he could have, or should have done with the DOJ and FBI while he was the president (and under investigation by them), he’s the only friend you have in politics. I don’t say that for anything he’s doing or going to do, I say that because he’s the one taking the slings and arrows for you. DeSantis is aligned with everyone you wouldn’t pee on if they were on fire. Yet, even conservative dislike of Trump pushes people toward him.
https://tldavis.substack.com/p/know-thy-enemy
Please listen to my good friends:
Conversations with Eagle Flower – Studio A – 4:00 Eastern, Wednesday
Not [fit] for Public Consumption – Studio B – 12:00 Noon, Eastern, Thursday
Credits
Kenny Rogers – The Gambler
https://youtu.be/7hx4gdlfamo
Napoleon XIV – They’re coming to take me away
https://youtu.be/hnzHtm1jhL4
Charlie Daniels Band – The Devil Went Down to Georgia
https://youtu.be/sh7BZf7D5Bw
Steve’n’Seagulls – Thunderstruck
https://youtu.be/e4Ao-iNPPUc
Arthur Brown – Fire
https://youtu.be/5GCSWEgZT94
Malukah – Reignite – Mass Effect/Shepard Tribute Song
https://youtu.be/re32xnyYP3A
Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2B
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