BARBARA'S TCHATZKAHS

By Eric Goldman Davis v. Google, 09 CH 15753 (Cook County Ct. complaint filed April 9, 2009) Venkat sent a very interesting lawsuit this morning that raises some complex policy issues. The complaint alleges that Sean Healy created a blog at unknowncolumn.blogspot.com and posted defamatory content about speedskater Shani Davis' mom, Cherie Davis. [I believe the post in question is at http://unknowncolumn.blogspot.com/2006/02/memo-to-cherie-davis.html -- I'm not going to link to it, but it did show up as my first search result for "Cherie Davis"]. The complaint further alleges that Healy is now deceased, so he can no longer remove the content on Cherie's demand, and he did not have a "probate estate" to take over his blog. As a result, Cherie feels like she has nowhere to turn to clean up the alleged defamation, so she is suing Google's Blogspot for a takedown injunction. On the face of it, the lawsuit is clearly preempted by 47 USC 230, and Google oug...

This is about time! Since we all heard about RACISM during the election ad naseaum, wonder how long before FauxBama and his bots start screaming about it? And when is MISOGYNY going to be taken as seriously? by Jesse Washington Inside a burning building, fire doesn't discriminate between Matthew Marcarelli and Gary Tinney. Inside the New Haven Fire Department, however, skin color has put them on opposite sides of a lawsuit that could transform hiring procedures nationwide. This week, the Supreme Court will consider the reverse discrimination claim of Marcarelli and a group of white firefighters. They all passed a promotion exam, but the city threw out the test because no blacks would have been promoted, saying the exam had a "disparate impact" on minorities likely to violate the 1964 Civil Rights Act. Besides affecting how race can be considered in filling government and perhaps even private jobs, the dispute also addresses broader questions about racial progress: Do mino...

by Christina Boyle A young woman brutally raped in a Queens subway station says her heart was broken when a judge threw out her suit against two transit workers who ignored her cries for help. Speaking for the first time since the ruling, Maria Besedin said Thursday she never expected the toll booth clerk and train conductor who witnessed the 2005 attack to be heroes and put their own lives in danger. But, she said, they didn't even call 911, or yell, "Stop!" Besedin hoped to have her day in court so a jury could decide if the MTA staffers were negligent for only alerting central command.She believed her case would make the system safer for all users. "I'm honestly still in shock," she said of Queens Supreme Court Justice Kevin Kerrigan's decision Tuesday to quash the suit. "It's so hard for me to process this whole thing because I just really wanted everyone out there to be safe, to never have to experience anything like I did." The petite...

You just can't make this nonsense up! 'All-knowing' God would know of lawsuit BY PAUL HAMMEL A God who is "all-knowing" should know when he's being sued, even without being served notice of the lawsuit, said former State Sen. Ernie Chambers of Omaha. After all, Chambers wrote to the Nebraska Court of Appeals, courts already invoke the Almighty in oaths to witnesses that they tell the truth "so help me God." He said it was inconsistent for the Douglas County District Court "to take judicial notice of God in order to administer oaths and to enter an order to dismiss . . . yet simultaneously deny that the all-knowing God has notice of the petition," Chambers stated in written arguments submitted Monday. Chambers, an atheist who got a law degree at Creighton University, filed suit against God in 2007. The purpose, he said, was to uphold citizens' rights to sue "anyone else, even God." Chambers said he acted in response to legislat...

cross posted from Joe.My.God.: NYPD Sued Over Blogger Press Credentials Room Eight, the NYC politics site founded by Politico's Ben Smith, reported this weekend on a federal lawsuit filed against the NYPD regarding their refusal to grant press credentials to online journalists. “The system of granting press credentials in New York City has run amok and needs to be changed immediately,” said Norman Siegel, a prominent civil rights attorney who is leading the lawsuit. “We cannot allow the City of New York, the police department, to trample on the fundamental rights of journalists.” The lawsuit is challenging the NYPD’s “unconstitutionally vague” criteria for defining who is qualified to carry city-issued press credentials. According to the NYPD’s Office of Deputy Commissioner for Public Information, an applicant must submit three articles that have been published in print media within the last six months and a cover letter from a news director or editor. For individuals publishi...

Cross posted in support of HARRY's PLACE Last Friday, in the wake of a closely argued debate about whether Mohammed Sawalha, the President of the British Muslim Initiative, had used the phrase “Evil Jew” or “Jewish Lobby” in a speech, Harry’s Place received a letter . The letter is from Dean and Dean, a firm of solicitors who are acting for Mr Sawalha. Mr Sawalha has demanded that we take down certain articles from Harry’s Place, and publish an apology “in the attached wording”. The solicitors have failed to attach the apology that Mr Sawalha insists we publish. That omission matters little, as we have no intention of apologising to him at all, nor of taking down any article. We have responded to Mr Sawalha’s solicitors, through Mishcon de Reya, who are acting for us. Mr Sawalha claims that we have “chosen a malevolent interpretation of a meaningless word”. In fact, we did no more than translate a phrase which appeared in an Al Jazeera report of Mr Sawalha’s speech. When Al Jazeer...

Merciful Creator - Hear my Prayer For the love of all that's good and holy for Israel and its people... PLEASE HELP INDICT OLMERT. I Trust That You, Almighty Lord, Have a Hand in the Current Situation and Will Continue to do What is Necessary to Protect Israel. Amen. (and thanks in advance!) By YAAKOV LAPPIN The man at the center of a criminal investigation that could bring down Prime Minister Ehud Olmert, Morris (Moshe) Talansky, is a 75-year-old millionaire financier from Long Island, New York. Talansky is an Orthodox Jew who has engaged in extensive philanthropy in Israel, and owns an apartment in Jerusalem. Both he and Olmert jointly founded the New Jerusalem Fund, a charity aimed at raising money for projects in the capital. The charity has offices both in Jerusalem and New York. The New Jerusalem Fund 's Web site has mysteriously gone off-line in recent days. In the US, Talansky has contributed funds to high-profile politicians from both the Democratic and Republican...

HEY, SHE DOESN'T WANT TO DIE! UPDATE: A friend from my paralegaling days sent me this early this morning. I apologize I am usually at the gym or the doctor in the mornings and don't see these things right away. The full text of Ms. Allaithy's Complaint - Click here Unfortunately I understand now what this girl is going through, because in some ways - I have been there. I myself, have my lawyer asking me every once in a while as my divorce is being finalized, if she can finally (as she says) file charges for "Intentional Infliction of Emotional Distress" and "Negligent Infliction of Emotional Distress" on a third party. She's seen all the evidence and believes I have a strong case. In deferrence to the family of the third party, and because of the kind of person I am - have refused. Now, there's additional libel charges possible. So it's come up again. What's unfortunate is that MSM is buying this old story! The WOMAN is "scor...

REVEREND, YOUR ACCOUNTABILITY MOMENT IS HERE My late mother was one of those people who clung to the idea that homosexuality was a mental illness and could be CURED. Even though science disproved this in her lifetime, she clung to it. Discomfort or her dogged dislike of change; I don't know why. She set up a number of 'blind dates' for me when I was busy with my career - every single one with an obviously gay man. Then she would rage at me about my gay friends, though I think she wanted to marry me off to the first breathing, carbon based life form and gay men weren't it. I wonder if she thought I could convert them? Though I had no intention of doing so. My brother and I have a friend who we both met in high school who is openly gay. He's also our family lawyer and works on GLBT issues in our state. My mother had problems with him being in the house when he was just my friend. When my brother befriended him though, she mellowed out without changing her sta...

EXCUSE ME, GOD? YOU'VE BEEN SERVED. This state senator is trying to make a point. But will anyone care? Wonder if Hashem has a good lawyer or corroborating documents or witnesses? Create some maybe? I understand this is in protest of one wrong-headed judge barring the words "rape" and "victim" from a sexual assault trial! How ridiculous that the victim (sorry) in this case cannot state the facts as they are in her case. Maybe this other suit will get everyone's attention to overturn that harmful and idiotic ruling. By the way, would the process server be so kind as to let me know where they found the Almighty to serve him? I need to see Him myself. Nebraska State Senator Sues... God Injunction sought against Him for allegedly causing deaths, making threats The defendant in a state senator’s lawsuit is accused of causing untold death and horror and threatening to cause more still. He can be sued in Douglas County, the legislator claims, because He’s ev...

OOPS, THERE IT IS! As I said earlier, I am in a lot of pain lately and the deep thoughts posts will have to wait. But I couldn't resist sharing this laugh of my day. Filing it in the "what goes around comes around" category. Florist reveals married man's infidelity A MARRIED man is suing 1-800-FLOWERS for $1.15 million after it revealed his infidelity to his wife. Leroy Greer of Missouri City asked 1-800-Flowers to send a dozen red roses to his mistress and to keep the order private by not mailing the transaction to his home or office, Fark.com reported. However, months later, 1-800-Flowers sent a thank-you card to Mr Greer's home. Mr Greer's wife called the business for proof of purchase. 1-800-Flowers faxed her proof of Mr Greer's order of flowers for his mistress. The fax included Mr Greer's card message which read: "Just wanted to say I love you and you mean the world to me! Leroy". His wife has filed for divorce. The case continues. SO...

Holocaust survivors' children sue Germany for therapy fees When I read this article below - I was filled with mixed emotions. I sympathize that the children of Holocaust survivors suffer deep psychic scars and understand this lawsuit. On the other hand, I have to think about the many hearings I have sat in for moral support of abuse victims when they ask for child support in divorce or separation. The abusers will say yes and then disappear or never bother to pay for therapy for their own children - figuring "let the law find me" or "let her spend more money trying to force me to pay." Deadbeat parent organizations spend years chasing this stuff down. Sometimes, as in my own case, the other parent just plays games to be punitive. Another thing I thought of - is the compensatory claims made by African Americans for slavery here in the U.S. Perhaps this doesn't compare but it will be interesting to see how this shakes out. Is it a reasonable or unreasona...

PARDON THE STUPIDITY! Aside from the death of 'poor' Farfur, Bush finally showing his true colors, Peanut-Brain Carter getting a degree (but staying stupid) and Vince McMahon's comments about "'Roid Rage" - I have to start this post of this week's outright stupidity by saying this: IF YOU DON'T WANT SOMEONE TO THINK YOU'RE A LOSER (or CHEATER or LIAR) THEN KEEP YOUR MOUTH SHUT. If its TRUE - you have no case - legally or socially. I liken this to the DV victims I work with who insist "...but he/she did it too " or "I never said/did that" or "everyone cheats... it's genetic ." ( insert inanity here and pardon my pukin'). In this case the woman was/is a "loser" and if she'd kept to herself - it would have all died down eventually - but noooooo.... Empty barrels continually make the worst noises, don't they? Dutch court denies suit of woman who claimed emotional damages after losing lottery (AM...