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Muddling Through

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Member since: Fri Jun 13, 2014, 07:54 AM
Number of posts: 18,177

Journal Archives

Groundbreaking $4.8M Lawsuit Threatens to Unearth SPLC's Secrets

Oh, my.

"Over the past two years, the far-left Southern Poverty Law Center (SPLC) has faced numerous lawsuits for defamation and other claims. The SPLC earned its reputation by suing the Ku Klux Klan, and in recent decades it has accused various organizations of being "hate groups," listing them along with the KKK in a cynical attempt to raise money and destroy its political enemies. While the SPLC paid a $3.375 million settlement to Muslim reformer Maajid Nawaz last year, none of the many lawsuits against the SPLC has threatened to reveal its secrets — until now.

Every lawsuit against the SPLC has been stalled or dismissed or settled, with none reaching the discovery process — a legal process by which a plaintiff can investigate the internal documents of the organization or person he or she is suing. On Tuesday, a judge dismissed a Center for Immigration Studies (CIS) lawsuit, claiming CIS attempted to shoehorn a defamation claim into a racketeering claim. CIS Executive Director Mark Krikorian told PJ Media his group is considering an appeal.

The discovery process threatens to reveal the SPLC's hidden documents. This is a big deal because the organization had a serious shake-up in March, when it fired its co-founder and cleaned house at the top in response to claims of sexual harassment and racial discrimination. The secretive SPLC did not even reveal the employee letter that led to this massive shake-up, and there is likely more dirt still to be uncovered.

In July, District Court Judge Roseann Ketchmark in the Eastern District of Missouri rejected part of the SPLC's motion to dismiss a defamation lawsuit, allowing the case to enter the discovery process. Yet this huge news has received almost no media attention, presumably because there is no big law firm behind this lawsuit."

Balance of article at the link:
Posted by Muddling Through | Thu Sep 19, 2019, 08:59 AM (2 replies)

Michael Mann, creator of the infamous global warming hockey stick, loses lawsuit

against climate skeptic, ordered to pay defendant’s costs."

This story makes me smile.

"Michael Mann, a climatologist at Penn State University, is the creator of the “hockey stick graph” that appears to show global temperatures taking a noticeable swing upward in the era when humanity has been burning fossil fuels and dumping CO2 into the atmosphere. The graph was first published in 1998, prominently featured in the 2001 UN Climate Report, and formed part of Al Gore’s 2006 movie, An Inconvenient Truth.

The graph’s methodology and accuracy have been and continue to be hotly contested, but Mann has taken the tack of suing two of his most prominent critics for defamation or libel. One case, against Mark Steyn, is called by Steyn likely to end up in the Supreme Court. But another case, against Dr. Tim Ball was decided by the Supreme Court of British Columbia, with Mann’s case thrown out, and him ordered to pay the defendant’s legal costs, no doubt a tidy sum of money. News first broke in Wattsupwiththat, via an email Ball sent to Anthony Watt. Later, Principia-Scientific offered extensive details, including much background on the hockey stick.

The Canadian court issued it’s final ruling in favor of the Dismissal motion that was filed in May 2019 by Dr Tim Ball’s libel lawyers.

Not only did the court grant Ball’s application for dismissal of the nine-year, multi-million dollar lawsuit, it also took the additional step of awarding full legal costs to Ball. A detailed public statement from the world-renowned skeptical climatologist is expected in due course."

Balance of article at the link:
Posted by Muddling Through | Sat Aug 24, 2019, 09:07 PM (7 replies)

Man says he was beaten in NYC for wearing MAGA hat

Why are Democrat run cities such cesspools of violence and intolerance?

"NEW YORK (FOX 5 NY) - A New York City art gallery owner says he was viciously beaten in Manhattan by a large group of teens for wearing a "Make America Great Again" hat.

Jahangir "John" Turan, 42, says it happened Tuesday evening on Canal Street. He was wearing the MAGA hat that he had purchased earlier in the day at Trump Tower.

"I love President Trump. I think he's doing a great job," Turan said.

He says the group of about 15 "kids" yelled "F*** Trump" and stomped on him. One of them smashed his head into a scaffold. Turan says he suffered a fracture in his cheek and a badly swollen eye. He's awaiting an eye specialist to determine if there is any permanent damage to his sight.

He held a Thursday afternoon news conference to demand that the NYPD find those responsible for the attack.

As for wearing the hat again in New York City, he says he'll think twice before doing it again.

"It's sad to get beat up for wearing this hat. This is America," Turan said."
Posted by Muddling Through | Fri Aug 2, 2019, 07:46 AM (11 replies)

Gibsons Bakery: there is serious concern about [Oberlin Colleges] ability to pay

With interest running at over $4k per day, Oberlin College seeks stay of execution of Gibson’s Bakery $32 million judgment, but doesn’t want to post a bond.

"Post-judgment interest in Ohio is 5%, which if my math is correct, on $32 million equals $1.6 million a year just in interest, or $4,384 per day. So that $32 million is going to keep growing as the inevitable appeal winds its way through the courts.

Interest aside, Oberlin College doesn’t want Gibson’s Bakery to start collecting the judgment by seizing bank accounts, college equipment, and anything else they can get their hands on.

Not surprisingly, Oberlin College has filed a Motion for a Stay of Execution of Judgment (pdf.)(full embed at bottom of post). The motion also requests that Oberlin College not be required to post a bond to secure the judgment while the trial court rules on post-trial motions Oberlin College says it will be filing.

Here is Oberlin College’s key argument:

Defendants intend to file motions under Civ.R. 50, 59, and/or 60. And per the express provisions of Civ.R. 62(A), a stay of execution may be issued at any time after a judgment is issued and before the time for filing motions pursuant to Civ.R. 50, 59, and 60 and while such motions are pending.

Defendants further respectfully request that they not be required to post a bond in the amount of the Judgment at this time. In the event that Defendants’ post-trial motions are not successful and require Defendants to appeal, Defendants will then file a supersedeas bond as required by Civ.R. 62(B) at the time Defendants file their notice of appeal. This supersedeas bond, if necessary, will be in the amount of the Judgment, plus any additional amount that may potentially be awarded by the Court in attorneys’ fees.

Gibson’s Bakery has filed an Opposition to the Motion (pdf.)(full embed at bottom of post) which opposes the stay and also argued that if a stay of execution is granted, that a bond be required.

After noting that post-judgment interest at 5% is pretty much automatic, Gibson’s Bakery pointed out the math:

The judgment interest rate in 2019 is 5%. Therefore, if appeals of this case last just three years, the total amount of post-judgment interest that Defendants will have to pay is $4,742,179.77 –which is $1,580,726.59 per year or $4,330.76 per day."

Balance of article at the link:
Posted by Muddling Through | Wed Jul 24, 2019, 07:07 PM (12 replies)

Apollo 11 What We Saw

This is freaking awesome! Note, it's a Daily Wire podcast on YouTube so it has ads.

Posted by Muddling Through | Wed Jul 17, 2019, 07:03 PM (7 replies)

Yellowjacket nests as big as Volkswagen Beetles appearing again


Auburn University researcher and entomologist, Dr. Charles Ray says this year we could see huge yellowjacket nets and some could be as big as a Volkswagen Beetle. It's called a perennial yellowjacket nest.

Entomologists believe that milder winters combined with an abundant food supply allow some colonies to survive and enter spring with much larger numbers. Additionally, the normal cues that would cause queens to disperse may not happen. Researchers have documented that these massive colonies often have multiple queens.

A normal yellowjacket nest is usually located in the ground or a cavity. It may peak at 4,000 to 5,000 workers that do not survive cold weather, leaving queens to disperse and form new colonies in the spring.

The perennial yellowjacket nests that concern Ray bear little resemblance to normal colonies.

Balance of article at the link:

Posted by Muddling Through | Mon Jun 24, 2019, 03:40 PM (17 replies)

Berlin Blockade June 24 1948

An under-reported part of this heroic effort by the Free Nations of the West.

""Operation Little Vittles"

US Air Force pilot Gail Halvorsen, who pioneered the idea of dropping candy bars and bubble gum with handmade miniature parachutes, which later became known as "Operation Little Vittles"
Gail Halvorsen, one of the many Airlift pilots, decided to use his off-time to fly into Berlin and make movies with his hand-held camera. He arrived at Tempelhof on 17 July 1948 on one of the C-54s and walked over to a crowd of children who had gathered at the end of the runway to watch the aircraft. He introduced himself and they started to ask him questions about the aircraft and their flights. As a goodwill gesture, he handed out his only two sticks of Wrigley's Doublemint Gum. The children quickly divided up the pieces as best they could, even passing around the wrapper for others to smell. He was so impressed by their gratitude and that they didn't fight over them, that he promised the next time he returned he would drop off more. Before he left them, a child asked him how they would know it was him flying over. He replied, "I'll wiggle my wings."

The next day on his approach to Berlin, he rocked the aircraft and dropped some chocolate bars attached to a handkerchief parachute to the children waiting below. Every day after that, the number of children increased and he made several more drops. Soon, there was a stack of mail in Base Ops addressed to "Uncle Wiggly Wings", "The Chocolate Uncle" and "The Chocolate Flier". His commanding officer was upset when the story appeared in the news, but when Tunner heard about it, he approved of the gesture and immediately expanded it into "Operation Little Vittles". Other pilots participated, and when news reached the US, children all over the country sent in their own candy to help out. Soon, major candy manufacturers joined in. In the end, over twenty three tons of candy were dropped on Berlin and the "operation" became a major propaganda success. German children christened the candy-dropping aircraft "raisin bombers".

Balance of story at the Wiki link:
Posted by Muddling Through | Mon Jun 24, 2019, 08:27 AM (3 replies)

MSNBC appoints a homophobe and an anti-Semite to host exclusive coverage of South Carolina

Democratic convention.


"MSNBC has been granted exclusive rights to cover the South Carolina Democratic convention this weekend, meaning even C-SPAN has been barred from airing live footage from the first major political event of the 2020 Democratic primary.

But even more amazing than the fact that South Carolina Democrats cut a sweetheart deal with MSNBC is that the left-wing cable news company has chosen noted homophobe Joy Reid and infamous anti-Semite Al Sharpton to host its convention coverage and interview the 2020 Democratic candidates.

Talk about putting your best foot forward.

Reid was discovered in 2018 to have authored multiple homophobic blog posts for which she never really apologized. In fact, rather than blame “youthful indiscretions” or suggest that she has “evolved” on her views of the LGBT community, Reid lied and claimed a shadowy cabal of cybercriminals hacked into her long-defunct personal blog and the Wayback Machine Internet Archive, and maybe even the U.S. Library of Congress, to make it appear as if she authored a handful of homophobic articles nearly a decade ago.

Later, after Reid’s attorney claimed they contacted the FBI to investigate her story alleging hackers had "manipulated material" to “include offensive and hateful references that are fabricated and run counter to personal beliefs and ideology,” the MSNBC host issued a nonapology apology for her lies."

Balance of article at the link:
Posted by Muddling Through | Sun Jun 23, 2019, 08:22 AM (6 replies)

Hollywood Faces "Devastating" Costs From California Bill Targeting Gig Economy

What was that about the law of unintended consequences?

"The state legislature is considering a proposal that takes aim at Uber, Lyft and others using independent contractors — but it could render the entertainment industry's tax-lucrative loan-out companies useless.

This fall, Hollywood studio executives may be in for a shock when it comes to their budgets. A bill winding through California's legislature that takes aim at gig-fueled companies like Uber and Postmates may upend long-standing showbiz practices by reclassifying scores of independent contractors as employees, and could render tax-lucrative loan-out companies useless.

The bill, AB 5, which the state assembly passed May 29, is designed to protect workers from being misclassified as independent contractors and therefore denied such employee protections as minimum wage, overtime pay and workers' compensation. It seeks to codify and expand the California Supreme Court's 2018 Dynamex decision, and would presume every worker is an employee — with a few exceptions for people like barbers and real estate agents — unless a company can show that the worker meets three criteria under the so-called ABC Test. The requirement that makes Hollywood nervous is that the independent contractor must perform duties outside the usual course of the company's business. "That test will necessarily lock talent out of being an independent contractor if it passes in its current form," says talent lawyer Rick Genow, whose clients include Debra Messing, Anthony Anderson and Henry Golding. "The economic impact would be somewhat devastating to both talent and the studios."

A doomsday scenario for Hollywood would look like this: A law is enacted with no exemption for entertainment workers; companies opt to treat everyone as employees for all purposes to avoid complications; and loan-outs are effectively dead in the water. The last bit would be especially painful because 2017's Trump tax cuts killed business deductions for employees."

Balance of article at the link:
Posted by Muddling Through | Sat Jun 22, 2019, 09:15 PM (2 replies)

Stranger Things Season 3

Anyone else getting impatient for the rollout on July 4?

Posted by Muddling Through | Fri Jun 21, 2019, 12:38 PM (13 replies)
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