Thursday, October 2, 2014

3d DCA Watch -- Jesus Christ I'm Bored Edition!

Sorry my head space yesterday got consumed with runaway Nazis and voter fraud (also Big Stu!), but I'm back and ready to rise and grind!

But is our bunker?

Jesus Christ this should be obvious:
In sum, reviewing the order as well as the trial judge’s comments in making its ruling we conclude the order at issue did not dismiss the action or case, but only dismissed the complaint with leave to amend upon a showing that the Barbados action had been terminated. The September 23, 2013 order denying Branch’s motion to amend based on a determination that the court lacked jurisdiction to consider that motion by virtue of dismissal of this action on April 29, is, therefore, contrary to both the letter and certainly the intent of that order.
It also is incorrect as a matter of law. “An order of dismissal granting leave to amend is interlocutory in nature until expiration of the amendment period and entry of final judgment by the trial court.”
Seriously, what lawyer led Judge Eig into that kind of fundamental error?

God I need to focus today.

Friggin' Hague Service Convention:
When process is served and return of process is completed by an official of a country that is a signatory to the Hague Service Convention in accordance with Article 6 of the Convention, as it was here, that service is sufficient, and any additional requirement which may be imposed by Florida law is pre-empted.
Again, that should be obvious.

Ok, I'm sick of writing things that should be obvious to anyone with half a sentient thought.


Alright, one more:

You need to preserve error.

(Did I really just write that?)

I'm done.

I feel a little better now.

Wednesday, October 1, 2014

The Three Hump Camel

I can't pick a single topic today so here's three!


Ebola is here and here's a few quick facts. Ebola doesn't tend to travel through the air like the flu and other respiratory illnesses. People with Ebola generally aren't infectious until they're sick. And Ebola probably won't get very far here.
The worst-case scenario is that the first person to bring Ebola over to America would be sick and contact with lots of people before anyone realizes that it might be Ebola and brings her to a hospital. But here, modern hospitals would likely use proper procedures to prevent transmission, and epidemiologists would track down people who are at risk of infection and make sure they don't spread it to others. 
Overall, it's unlikely that Ebola would get any farther than a localized problem in one area. Even in the worst-case scenario, Osterholm says, "I don't think we’ll have a serious public health threat in any of the developed countries."
Better, we may already have an effective treatment for Ebola in our pharmaceutical quiver.
A doctor in rural Liberia inundated with Ebola patients says he's had good results with a treatment he tried out of sheer desperation: an HIV drug. Dr. Gorbee Logan has given the drug, lamivudine (Epivir), to 15 Ebola patients, and all but two survived. That's about a 13% mortality rate. Across West Africa, the virus has killed 70% of its victims.

Marijuana Prohibition

The first time I realized that there were ulterior motives behind marijuana prohibition was after reading a particularly well-written undergraduate thesis on the subject by a certain blogger with whom you may all be acquainted. That paper told of a prohibition bureaucracy, stripped of its primary target (alcohol), hungry for something to do with itself. But there was more to it than that. Essentially, marijuana prohibition is a protection racket for those who'd rather not compete.

*video is #nsfw due to language

Register To Vote

This country was founded as a democratic republic so that we would not have to live as a majority ruled by a minority. Yet when only a fraction of registered voters turn up at the polls that is exactly what we become.

Monday, October 6th is the last day you can register to vote for the November election here in Florida. This election has massive implications for our state. In one way or another education, gay marriage, medical marijuana, insurance rates, utility rates, and protecting our environment are all being voted on this year.
Will your voice be heard?

Tuesday, September 30, 2014

Don't Fear The Pizz!!

Do you feel me?

I mean, do you feel me??
The Florida Supreme Court on Monday instructed the governor, who was sued by Pizzi, to explain by Oct. 14 why he should not revoke Pizzi’s suspension.

“[T]he Court has determined that the [Pizzi] petition demonstrates a preliminary basis for relief,” according to the order.

In effect, the high court has boxed in the governor, leaving him with little choice but to lift Pizzi’s suspension, which Scott imposed after his arrest in August 2013.

“It’s a home run for us,” Pizzi said after reading the state Supreme Court’s order. “The court has done exactly what we asked them to do.”
 Slowly he (re)turned, step by step, inch by inch.....

Read more here:

Monday, September 29, 2014

Being Boring

*video has brief but artful nudity #nsfw

Thank god! For a second there I was actually in agreement with Michele Bachmann. Don't worry self, she walked it back!
For years, the GOP congresswoman from Minnesota has been a leader among Christian evangelicals and a vocal opponent of gay marriage. She not only supported a federal marriage amendment; she worked tirelessly as a state legislator in years past to get a an amendment on the ballot banning gay marriage in her home state's constitution. It finally got on the ballot in 2012 and was defeated. And then in 2013, Minnesota passed marriage equality. 
Now Bachmann seems so disillusioned she’s got only one word for gay marriage: “Boring." 
Asked about gay marriage in an interview with me on SiriusXM Progress at the Values Voter Summit in Washington on Friday, Bachmann said, “It’s not an issue," before walking off and adding, “In fact, it’s boring.”
Wasn't she, in this brief unscripted moment, absolutely right? Unless you have a serious connection to the couple, isn't every marriage boring? And if gay marriage is boring and "not an issue," then why are conservatives all over the country still fighting it like it's some kind of Armageddon?

But sanity does not stay long with crazy eyes, especially not after getting called out for the heresy of truth by the rest of her traditional marriage glee squad.
“What I said is that this won’t be the issue that drives the 2014 election,” Bachmann said. “I told the reporter it’s getting boring having them only press this issue with Republicans while ignoring Democrats. 
Whatever Michele. Whatever.

Should Broward County Provide ABA Therapy to Autistic Children?

That's the weighty and important issue before Judge Marra, who just cleared the way for trial on this long-simmering claim that seeks to hold the school board to its statutory responsibilities on behalf of autistic children:
Here, this Court has determined that a trial is necessary to resolve factual issues with respect to Plaintiff’s IDEA claim. Further, Ms. Shermett, a representative of the School Board, testified in her deposition that curriculum is not discussed with the parents during the IEP process, and that if a parent wants the team to consider a curriculum other than the one used by the School Board, it will not be considered. Shermett Dep., p. 75-77 (DE 458-5). Ms. Shermett also testified that the School Board trains its employees on the IEP process. Id. An inference may be made from this testimony that the School Board is aware of its obligations,12 but that it acts with deliberate indifference to the appropriateness of the education a child will receive as a result of the IEP process when no consideration is given to the options other than the predetermined ones.13 Therefore, a genuine issue of material fact exists as to Plaintiff’s Rehabilitation Act claim. The Court will conduct a hybrid trial: bench trial on Counts I and III, and a jury trial on Count II. See Loren F. ex rel. Fisher v. Atlanta Indep. Sch. Sys., 349 F.3d 1309, 1320 (11th Cir. 2003).
Judge Marra also ruled he would consider class certification, if the proposed class was more narrowed tailored.

Broweird County -- it's time to do the right thing.

Saturday, September 27, 2014

Long Live The King!

Family members of the late, great Jack Kirby have reached a settlement with Marvel/Disney, avoiding a fiery showdown in the Supreme Court.

Widely viewed as one of the Kings of Comics, Kirby created or co-created some of the biggest names on the page and now on the big screen in the superhero blockbusters that Hollywood has profited from in recent years. However, while his often partner Stan Lee was a Marvel employee, Kirby was a work for hire and had no rights to Captain America, The Fantastic Four, the Hulk, Iron Man, Thor, the original X-Men and the plethora of other characters he played a pivotal part in bringing to life. The settlement between Marvel/Disney is confidential, but you don’t have to be a Supreme Court Justice to know that if a deal was reached this late in the process, it must be a healthy one for the Kirbys – who were holding a lot of the cards for once. Further concluding the matter, the Kirbys today have also notified the SCOTUS that they now want their petition dismissed.
Read more here.

Friday, September 26, 2014

The Bieb's Lawsuit Spinning Away from Him?

Ever heard of "damage control":
The Miami area lawyer who’s suing troubled pop star Justin Bieber on behalf of a local photographer wants the singer to cough up the login and password information of all of his social media accounts.

It’s yet another Gossip Extra exclusive: According to a motion filed by attorney Mark DiCowden, he wants to explore one full year of entries in all of Bieber’s social media, including Facebook, Twitter, LinkedIn, XboxLive, Foursquare, Gowalla, MySpace and Windows Live.

DiCowden also wants Bieber’s writing in chat room, message boards and other electronic forums, even under an assumed name, and his postings in photo sites like Instagram.
Ok, I don't know how much money is at stake here, but this case seems like it's more trouble than it's worth.

I wonder how long before TMZ gets a hold of these intelligent, thoughtful, and insightful Bieber musings?  Surely there's nothing embarrassing in there.

People Who Need People

Who are these people? Are they people? If so, where are their corporate seals? Where do they venture forth to find their meals? No meals on wheels? So what's the big deals?

This is the ultimate viral video manifestation of the defensive psychology found in "I have many ____________ (black, gay, hispanic, Jewish, Muslim, atheist) friends, BUT....

What comes after the 'but' is never good.

Twitter had some amazing reactions.

@JOHNCLAVISI believe the global warming hoax, like the homosexual agenda and the War on Christmas, are intended to destroy America. #ImARepublican
@ARENSBRepublicans are people. Just like corporations, and Soylent Green. #ImARepublican  
@EMLYNADDISON#ImARepublican because climate change cramps my style, yo.

Of course you need a good PR campaign when the WTF flows this thick through your party.

For those of you who may be on a reading device the picture is of Joe Barton, Chairman of the House Energy Conference Committee and he's admitting that he has absolutely no understanding of basic physics or earth science by saying, "Wind is a finite resource, and harnessing it would slow the winds down, which would cause the temperature to go up."

The only thing going up is my blood pressure at the thought of our national energy policies being guided by this type of imbecile. This isn't left v. right. This is competent v. incompetent. If any political party wants my respect they must get a better grip on their crazy than this.

Even the Rockefeller family has acknowledged that fossil fuels are dangerous, yet PolitiFact can only find a handful of Republicans in congress who accept the science.

Sure, Republicans are people but they certainly aren't acting like smart people.

Thursday, September 25, 2014

"I Know This Super Highway...This Bright Familiar Sun."

Happy New Year, Plebes!

Or would you rather see this?

Today (at least), I feel like I'm home at last.

Wednesday, September 24, 2014

Obamacare On A Tear

The Tampa Bay Times breaks it down.
Don't believe the negative campaign ads mocking health care reform. More Floridians have health coverage because of the Affordable Care Act, and even more would be benefiting if Gov. Rick Scott and the Legislature would accept $51 billion in Medicaid expansion money. The successes in Florida are particularly impressive since the governor and state lawmakers have been obstructionists at every turn, from refusing to create a state marketplace for health insurance to rejecting millions in federal dollars to implement the reforms to throwing up roadblocks to navigators helping residents sort through their options.
By the numbers.
Number of Floridians who have selected a health plan through the federal marketplace. 
27 percent
Portion of that number who are between 18 and 34, which is important because younger, healthier enrollees help keep costs down. 
91 percent
Portion of Floridians who bought coverage on the federal marketplace who received a federal subsidy.

Number of additional Floridians covered by Medicaid and the Children's Health Insurance Program even though the state refused the Medicaid expansion money. 
Number of additional Floridians who would have health care coverage if the state would accept the Medicaid expansion money. 
Number of Floridians under 26 years old who have remained covered on their parents' health insurance because of the Affordable Care Act.
There is one more set of numbers and that's 3 to 6. That's the number of people who die needlessly every day because they lack medical care that would have been provided under the Obamacare Medicaid expansion. These are our tax dollars coming back to our state. Our state government has no power to stop these tax dollars from being collected. They only have the power to stop them from returning, and isn't that a special kind of stupid?