Friday, September 23, 2016

It's Friday and Now Your Poor Dear Abuela Finally Has Some Limited Procedural Rights!


BTW this will all end if Crazy Eyes packs the court with cronies, but let's enjoy right now peoples:
This case concerns whether the father is bound by an arbitration clause in a nursing home contract signed by Hampton Court and the son, but not the father. The Third District found “that the father is bound by the arbitration provision contained in the agreement for care executed by his son, and to which the father was the intended third-party beneficiary.”  Mendez, 140 So. 3d at 676.  We disagree.  Accordingly, we quash the Third District’s decision and remand for further proceedings consistent with this opinion.
Did you hear that oh beloved bunker?

SQUASHED!


Let's be real.

Julie's right about this -- forced arbitration usually means the big guy wins, either by design, default, or circumstance.

Notice I didn't say "because of the merits."

And therein lies the problem.

Have a great weekend plebers!

Thursday, September 22, 2016

Something About This Doesn't Seem Quite Right.



Is anyone else really troubled by these leaked emails:
“Take Koch’s [sic] money,” Kate Doner, Walker’s fundraising consultant, urged him in September 2011. “Get on a plane to Vegas and sit down with Sheldon Adelson. Ask for $1m now. Corporations. Go heavy after them to give . . . Create a list of legislation that passed and benefits whom.”
The emails were written in 2011 and 2012 when Walker was raising funds to combat the attempted recall of a group of Republican state senators and then the governor himself. The documents expose how he played a leading role in securing big checks, making personal pleas to rich conservatives across the country.
“Good talk,” Walker reported to his aides of a June 2011 conversation with former senate majority leader Bill Frist, whose wealthy family started a for-profit hospital. “He asked us to contact his office and get him names of all of our leads and he will help us raise money . . . Also, I got $1 million from John Menard today,” referring to the billionaire owner of a home-improvement chain.
That's why it's important to focus on the leaked information, not the leaker (who undoubtedly is badly flawed or, in the case of the Russkies, even our enemy).

This is one screwed up system.

Wednesday, September 21, 2016

3d DCA Watch -- International Day of Peace Edition!


Is peace a desirable goal anymore?

Was it ever?

Hard to say with all the crazies out and about, but there are nice initiatives today that people shouldn't dump on (is that too much to ask?).

Ugg I'm getting sick of people.

In other news, bunker happened:

Against the backdrop of this unambiguous Congressional mandate, it would be difficult, if not impossible, for us to construe Mrs. Smith as anything other than a “Borrower” for the purposes of Paragraph 9’s express conditions precedent.
So you're saying reverse mortgages are not always great deals for cash-strapped retirees?

But Judge Shep says not so fast:
The labor expended by the majority to keep Kenneth Smith’s widow in her home is admirable.  Unfortunately, the legal analysis used does not measure up.  For this reason, I respectfully dissent.
In other words, majority, here's what I think of your opinion:


Oh I kid --it's all an interesting read.

Breaking! Little Marco Rubio Writes A Letter to White House, "Demands" Answers!

Progress.

This is progress.

Florida's do-nothing do-boy for car salesman Norman Braman, wrote a letter.

We are uncertain if Senator Rubio's letter is the first he has written since writing to Santa, but the little guy's letter smacks of a pathetic headline-grab attempt is tough talkin'!

As you know, "Senator" Rubio was absent from his job 41 % of the time between 5, 2015 and March 3, 2016, missing 125 votes during that span. From Jan 2011 to Sep 2016, Rubio missed 234 of 1,626 roll call votes, which is 14.4%. (The median is 1.7% among the lifetime records of senators currently serving.)  Try that at your fancy firm, people!
 
In his letter, Little Marco accuses the President and the TSA of lying and expresses his view that Cuba "is a state sponsor of terrorism and allied with Iran and North Korea." Last but not least, this:
“You have created an opportunity for our worst fears to become reality, just as they did on September 11, 2001."
Well, if Little Marco can demand answers and access to documents, lets have at it!

Marco:

How much was your wife paid by entities affiliated with Norman Braman in the last year?
Will you serve your full term if elected?
Please produce all documents regarding your ownership and recent sale of a home you owned with David Rivera.
Please list every flight you have taken on Norman Braman affiliated airplanes, for the past six years. List the stops, purpose of trip and family and friends on each leg of each flight.
Please provide copies of your tax returns for the last 5 years.
Why are you not candid?

It's dated but since nobody does it better than Colbert...(wait for it.)




Tuesday, September 20, 2016

Clean Up Time!

Thank you doctor!
Dr. Bronner’s Magic Soaps wants to see laws legalizing marijuana get puff-puff passed.
The endearingly quirky organic soap-maker said Monday it plans to donate $660,000 to two nonprofit groups ― New Approach and the Marijuana Policy Project ― campaigning for legal weed in California, Massachusetts, Maine, Arizona and Nevada. In November, all five states are set to vote on ballot measures that could make recreational marijuana use legal.
“The expected sweep of these states will exert enormous pressure on federal lawmakers to end the racist, outdated policy of cannabis prohibition, that shreds productive citizens’ lives and families for no good reason, and focus law enforcement resources instead on actual crime,” the Vista, California-based company, which operates as a family business, said in a statement.

My Favorite Holocaust Song (f/k/a "Happy Tuesday")!

And there are SO many to choose from!

But let's go with this, it expresses my mood today:


In other news, Robert Panoff offers The Asswipe™ unsolicited tax advice:
Why not release the tax return to the public? First, every “Trump hater” in the county will look at it and many, without knowing, will say and write incorrect criticism. But, more importantly, I would bet that each one of the Trump haters would take it upon themselves to inundate the IRS with thousands of letters. So what should Mr. Trump do? As a tax attorney and tax litigator for more than 39 years, here is what I recommend. Mr. Trump should release 10 years of summaries of his returns.
I don't do any tax work, but should we really worry about the IRS being overwhelmed by thousands of letters being written by each individual "Trump hater"?

I say: don't worry so much about letters to the IRS -- how many people even write letters nowadays, let alone each supposed hater writing thousands? 

And I'm pretty sure that poor beleaguered agency can handle the feared inundation.

As to the summaries, just like his crazy "doc" summarized his health ("HUGE") should we expect much different?

But who knows -- crazy world we live in, huh?


ad more here: http://www.miamiherald.com/opinion/letters-to-the-editor/article102857307.html#storylink=cpy



Read more here: http://www.miamiherald.com/opinion/letters-to-the-editor/article102857307.html#storylink=cpy

Monday, September 19, 2016

Lies and the Lying Liars


Surprise, surprise, surprise.
The ACLU of Connecticut is suing state police for fabricating retaliatory criminal charges against a protester after troopers were recorded discussing how to trump up charges against him. In what seems like an unlikely stroke of cosmic karma, the recording came about after a camera belonging to the protester, Michael Picard, was illegally seized by a trooper who didn’t know that it was recording and carried it back to his patrol car, where it then captured the troopers’ plotting.

“Let’s give him something,” one trooper declared. Another suggested, “we can hit him with creating a public disturbance.” “Gotta cover our ass,” remarked a third.
....

It’s surprising that we are still regularly hearing about incidents in which police are not respecting the constitutional right to record in public. But to hear police officers casually discussing the fabrication of criminal charges to retaliate against a protester is even more shocking. As Barrett put it to me, “It’s one of those things that on your darker days you may think happens all the time, but you never really thought there’d be a video recording of.”

YES ON 2

One of the major arguments against medical marijuana is that it's the de facto legalization of recreational marijuana. While that may be true under some state's laws, California's for example, my biggest criticism of the amendment we will be voting on in November is that it's too restrictive. Regardless, that argument loses its punch as more and more states join the recreational marijuana club with no major issues. If polls are correct, California will be one of the next. 
In November, Californians will again consider whether to legalize pot, this time with Proposition 64, the Adult Use of Marijuana Act. Voters will have to ask themselves whether the time has come to treat marijuana less like heroin and more like alcohol — as a regulated but acceptable product for adult use. Do the risks of legalization outweigh the costs of prohibition? Does Proposition 64 strike the right balance between allowing adult Californians to make their own recreational choices and protecting their health and safety? Does the measure put cannabis-industry profits ahead of public health? What does it mean that marijuana will be legal under California law but still illegal under federal law?
On balance, the proposition deserves a “yes” vote. It is ultimately better for public health, for law and order and for society if marijuana is a legal, regulated and controlled product for adults. Proposition 64 — while not perfect — offers a logical, pragmatic approach to legalization that also would give lawmakers and regulators the flexibility to change the law to address the inevitable unintended consequences.
The reality is that California has already, essentially, legalized marijuana. Virtually any adult can get a medical marijuana recommendation and buy pot products legally at a dispensary. And those who can’t be bothered to fake a headache or back pain can buy it on the black market without fear of going to jail.

Thursday, September 15, 2016

Who's Afraid of Legal Weed?

Forget reduced crime, incarceration, and overdose deaths, we want money!
THE FIGHT AGAINST legalized pot is being heavily bankrolled by alcohol and pharmaceutical companies, terrified that they might lose market share.
On the heels of a filing last week that revealed that a synthetic cannabis company is financing the opposition to legal marijuana in Arizona comes a new disclosure this week that a beer industry group made one of the largest donations to an organization set up to defeat legalization in Massachusetts.
The Beer Distributors PAC, an affiliate that represents 16 beer-distribution companies in Massachusetts, gave $25,000 to the Campaign for a Safe and Healthy Massachusetts, tying it for third place among the largest contributors to the anti-pot organization.
William A. Kelley, the president of the Beer Distributors of Massachusetts, did not respond to a request for comment, but his organization’s decision to oppose legalization is hardly unique in the alcohol industry.
In Arizona, one of the five states with marijuana legalization ballot measures this November, the Arizona Wine and Spirits Wholesale Association donated $10,000 to a group opposing legalization. In 2010, the last time California considered marijuana legalization, another alcoholic beverage distribution group provided financing to a law enforcement-backed campaign to defeat legalization.