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Election Lawsuits Are A New Tactic To Fight Disinformation : NPR - 0 views

  • The victims of some of the most pernicious conspiracy theories of 2020 are fighting back in court. Voting equipment companies have filed a series of massive defamation lawsuits against allies of former President Trump in an effort to exert accountability over falsehoods about the companies' role in the election and repair damage to their brands.
  • On Friday, Fox News became the latest target and was served with a $1.6 billion defamation lawsuit by Denver-based Dominion Voting Systems after several of the network's hosts entertained on air conspiracy theories pushed by former President Trump that the company had rigged the results of the November election against him in key states.
  • Dominion has also sued Trump associates Rudy Giuliani, Sidney Powell and Mike Lindell for billions in damages. The company is one of the top providers of voting equipment to states and counties around the country and typically relies on procurement decisions made by elected officials from both political parties.
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  • Earlier this month, Republican commissioners in one Ohio county sought to block the county election board's purchase of new Dominion equipment. A Dominion employee who was forced into hiding due to death threats has sued Giuliani, Powell and the Trump campaign. Another voting systems company, Smartmatic, has also filed a defamation lawsuit against Fox News.
  • Some see these legal fights as another way to take on viral misinformation, one that's already starting to show some results although some journalists are uneasy that a news organization could be targeted.
  • Skarnulis hopes that in addition to helping Coomer clear his name and return to a normal life, the suits will also serve as a warning.
  • The number of defamation lawsuits and the large damage claims associated with them is novel, said journalism and public policy professor Bill Adair, head of the journalism program at Duke University.
  • He does worry that using defamation suits to combat untruths spread by media outlets could become a weapon against journalists just doing their jobs. "As a journalist, I'm a little bit nervous. The idea of using defamation lawsuits makes us a little bit concerned."But even with that discomfort, Adair has come to believe the lawsuits do have a role to play.
  • The defamation suits already do appear to be having an effect. An anchor for Newsmax walked out on a live interview with My Pillow CEO Lindell when he started making unsubstantiated claims about Dominion voting machines. Fox News, the Fox Business Network and Newsmax also aired segments that contradicted the disinformation their own hosts had amplified.
  • Last month, Fox Business also cancelled a show hosted by Trump ally Lou Dobbs, who had amplified the conspiracy theories and interviewed Powell and Giuliani about them.
  • One challenge for the plaintiffs is that defamation lawsuits are difficult to win. They need to show the person they're suing knew a statement was false when she made it, or had serious doubts about its truthfulness.
  • Media organizations have a First Amendment right to report the news, and that includes repeating what important people say, even if those statements are false, said George Freeman, the former in-house counsel for The New York Times, who now heads the Medial Law Resource Center.
  • Pro-Trump outlets are likely to claim that constitutional protection for their defense but Freeman believes they may have crossed a legal line in their presentation of election fraud claims and in some instances applauding obvious falsehoods.
  • Still Freeman said he thinks the strongest defamation cases aren't against the media companies, but against one of the people they gave a lot of airtime to, Rudy Giuliani.
  • In a January call announcing the lawsuit against Giuliani, Dominion's attorney, Tom Clare, said that the court can consider circumstantial evidence too. The complaint includes a detailed timeline that shows Giuliani continued to make his claims in the face of public assurances from election security experts, hand recounts, and numerous court rulings rejecting fraud cases.
  • While the current lawsuits could have an impact in this instance, experts on misinformation say there are several reasons why defamation cases aren't a central tool in the fight against falsehoods.
  • Many conspiracy theories don't target a specific person or company, so there's no one to file a lawsuit against. Legal action is also expensive. Coomer's legal team expects his bills will exceed $2 million. And when a victim does sue, a case can take years.
  • The parents of children killed in the Sandy Hook shooting have filed multiple defamation lawsuits against Alex Jones of the conspiracy site, InfoWars. But after numerous challenges and delays, the cases are all still in the pre-trial phase. With Dominion and Smartmatic vowing not to settle before they get their day in court, this approach to fighting election misinformation may still be grinding forward even as the country enters the next presidential election. But for Adair and others, any effort to discourage future misinformation campaigns is worth pursuing.
Javier E

How Insurers Exploited Medicare Advantage for Billions - The New York Times - 0 views

  • The health system Kaiser Permanente called doctors in during lunch and after work and urged them to add additional illnesses to the medical records of patients they hadn’t seen in weeks. Doctors who found enough new diagnoses could earn bottles of Champagne, or a bonus in their paycheck.
  • Anthem, a large insurer now called Elevance Health, paid more to doctors who said their patients were sicker. And executives at UnitedHealth Group, the country’s largest insurer, told their workers to mine old medical records for more illnesses — and when they couldn’t find enough, sent them back to try again.
  • Each of the strategies — which were described by the Justice Department in lawsuits against the companies — led to diagnoses of serious diseases that might have never existed.
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  • But the diagnoses had a lucrative side effect: They let the insurers collect more money from the federal government’s Medicare Advantage program.
  • Medicare Advantage, a private-sector alternative to traditional Medicare, was designed by Congress two decades ago to encourage health insurers to find innovative ways to provide better care at lower cost.
  • by next year, more than half of Medicare recipients will be in a private plan.
  • a New York Times review of dozens of fraud lawsuits, inspector general audits and investigations by watchdogs shows how major health insurers exploited the program to inflate their profits by billions of dollars.
  • The government pays Medicare Advantage insurers a set amount for each person who enrolls, with higher rates for sicker patients. And the insurers, among the largest and most prosperous American companies, have developed elaborate systems to make their patients appear as sick as possible, often without providing additional treatment, according to the lawsuits.
  • As a result, a program devised to help lower health care spending has instead become substantially more costly than the traditional government program it was meant to improve.
  • Eight of the 10 biggest Medicare Advantage insurers — representing more than two-thirds of the market — have submitted inflated bills, according to the federal audits. And four of the five largest players — UnitedHealth, Humana, Elevance and Kaiser — have faced federal lawsuits alleging that efforts to overdiagnose their customers crossed the line into fraud.
  • The government now spends nearly as much on Medicare Advantage’s 29 million beneficiaries as on the Army and Navy combined. It’s enough money that even a small increase in the average patient’s bill adds up: The additional diagnoses led to $12 billion in overpayments in 2020, according to an estimate from the group that advises Medicare on payment policies — enough to cover hearing and vision care for every American over 65.
  • Another estimate, from a former top government health official, suggested the overpayments in 2020 were double that, more than $25 billion.
  • The increased privatization has come as Medicare’s finances have been strained by the aging of baby boomers
  • Medicare Advantage plans can limit patients’ choice of doctors, and sometimes require jumping through more hoops before getting certain types of expensive care.
  • At conferences, companies pitched digital services to analyze insurers’ medical records and suggest additional codes. Such consultants were often paid on commission; the more money the analysis turned up, the more the companies kept.
  • they often have lower premiums or perks like dental benefits — extras that draw beneficiaries to the programs. The more the plans are overpaid by Medicare, the more generous to customers they can afford to be.
  • Many of the fraud lawsuits were initially brought by former employees under a federal whistle-blower law that allows them to get a percentage of any money repaid to the government if their suits prevail. But most have been joined by the Justice Department, a step the government takes only if it believes the fraud allegations have merit. Last year, the department’s civil division listed Medicare Advantage as one of its top areas of fraud recovery.
  • In contrast, regulators overseeing the plans at the Centers for Medicare and Medicaid Services, or C.M.S., have been less aggressive, even as the overpayments have been described in inspector general investigations, academic research, Government Accountability Office studies, MedPAC reports and numerous news articles,
  • Congress gave the agency the power to reduce the insurers’ rates in response to evidence of systematic overbilling, but C.M.S. has never chosen to do so. A regulation proposed in the Trump administration to force the plans to refund the government for more of the incorrect payments has not been finalized four years later. Several top officials have swapped jobs between the industry and the agency.
  • The popularity of Medicare Advantage plans has helped them avoid legislative reforms. The plans have become popular in urban areas, and have been increasingly embraced by Democrats as well as Republicans.
  • “You have a powerful insurance lobby, and their lobbyists have built strong support for this in Congress,”
  • Some critics say the lack of oversight has encouraged the industry to compete over who can most effectively game the system rather than who can provide the best care.
  • But for insurers that already dominate health care for workers, the program is strikingly lucrative: A study from the Kaiser Family Foundation, a research group unaffiliated with the insurer Kaiser, found the companies typically earn twice as much gross profit from their Medicare Advantage plans as from other types of insurance.
  • In theory, if the insurers could do better than traditional Medicare — by better managing patients’ care, or otherwise improving their health — their patients would cost less and the insurers would make more money.
  • But some insurers engaged in strategies — like locating their enrollment offices upstairs, or offering gym memberships — to entice only the healthiest seniors, who would require less care, to join. To deter such tactics, Congress decided to pay more for sicker patients.
  • Almost immediately, companies saw ways to exploit that system. The traditional Medicare program provided no financial incentive to doctors to document every diagnosis, so many records were incomplete
  • Under the new program, insurers began rigorously documenting all of a patient’s health conditions — say depression, or a long-ago stroke — even when they had nothing to do with the patient’s current medical care.
  • “Even when they’re playing the game legally, we are lining the pockets of very wealthy corporations that are not improving patient care,”
  • The insurers also began hiring agencies that sent doctors or nurses to patients’ homes, where they could diagnose them with more diseases.
  • Cigna hired firms to perform similar at-home assessments that generated billions in extra payments, according to a 2017 whistle-blower lawsuit, which was recently joined by the Justice Department. The firms told nurses to document new diagnoses without adjusting medications, treating patients or sending them to a specialist
  • Nurses were told to especially look for patients with a history of diabetes because it was not “curable,” even if the patient now had normal lab findings or had undergone surgery to treat the condition.
  • Adding the code for a single diagnosis could yield a substantial payoff. In a 2020 lawsuit, the government said Anthem instructed programmers to scour patient charts for “revenue-generating” codes. One patient was diagnosed with bipolar disorder, although no other doctor reported the condition, and Anthem received an additional $2,693.27, the lawsuit said. Another patient was said to have been coded for “active lung cancer,” despite no evidence of the disease in other records; Anthem was paid an additional $7,080.74. The case is continuing.
  • The most common allegation against the companies was that they did not correct potentially invalid diagnoses after becoming aware of them. At Anthem, for example, the Justice Department said “thousands” of inaccurate diagnoses were not deleted. According to the lawsuit, a finance executive calculated that eliminating the inaccurate diagnoses would reduce the company’s 2017 earnings from reviewing medical charts by $86 million, or 72 percent.
  • Some of the companies took steps to ensure the extra diagnoses didn’t lead to expensive care. In an October 2021 lawsuit, the Justice Department estimated that Kaiser earned $1 billion between 2009 and 2018 from additional diagnoses, including roughly 100,000 findings of aortic atherosclerosis, or hardening of the arteries. But the plan stopped automatically enrolling those patients in a heart attack prevention program because doctors would be forced to follow up on too many people, the lawsuit said.
  • Kaiser, which both runs a health plan and provides medical care, is often seen as a model system. But its control over providers gave it additional leverage to demand additional diagnoses from the doctors themselves, according to the lawsuit.
  • At meetings with supervisors, he was instructed to find additional conditions worth tens of millions of dollars. “It was an actual agenda item and how could we get this,” Dr. Taylor said.
  • few analysts expect major legislative or regulatory changes to the program.
  • Even before the first lawsuits were filed, regulators and government watchdogs could see the number of profitable diagnoses escalating. But Medicare has done little to tamp down overcharging.
  • Several experts, including Medicare’s advisory commission, have recommended reducing all the plans’ payments.
  • Congress has ordered several rounds of cuts and gave C.M.S. the power to make additional reductions if the plans continued to overbill. The agency has not exercised that power.
  • The agency does periodically audit insurers by looking at a few hundred of their customers’ cases. But insurers are fined for billing mistakes found only in those specific patients. A rule proposed during the Trump administration to extrapolate the fines to the rest of the plan’s customers has not been finalized.
  • Ted Doolittle, who served as a senior official for the agency’s Center for Program Integrity from 2011 to 2014, said officials at Medicare seemed uninterested in confronting the industry over these practices. “It was clear that there was some resistance coming from inside” the agency, he said. “There was foot dragging.”
  • Last year, the inspector general’s office noted that one company “stood out” for collecting 40 percent of all Medicare Advantage’s payments from chart reviews and home assessments despite serving only 22 percent of the program’s beneficiaries. It recommended Medicare pay extra attention to the company, which it did not name, but the enrollment figure matched UnitedHealth’s.
  • “Medicare Advantage overpayments are a political third rail,” said Dr. Richard Gilfillan, a former hospital and insurance executive and a former top regulator at Medicare, in an email. “The big health care plans know it’s wrong, and they know how to fix it, but they’re making too much money to stop. Their C.E.O.s should come to the table with Medicare as they did for the Affordable Care Act, end the coding frenzy, and let providers focus on better care, not more dollars for plans.”
mattrenz16

Voters Are Motivated To Keep Protections For Preexisting Conditions : Shots - Health Ne... - 0 views

  • A Nevada judge has rejected a lawsuit by President Trump's reelection campaign and state Republican officials seeking to halt mail-in ballot counting in Clark County.
  • In the lawsuit, Trump's campaign and the Nevada GOP alleged that they could not observe all aspects of the ballot-counting process closely enough, and wanted to install cameras to record the process.
  • There is no evidence that any vote that should lawfully be counted has or will not be counted. There is no evidence that any vote that lawfully should not be counted has or will be counted. There is no evidence that any election worker did anything outside of the law, policy, or procedures
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  • Nevada's Secretary of State Barbara Cegavske, a Republican, told legislators earlier this year that there were no cases of fraud during the state's primary election in June, which was conducted almost entirely by mail.
  • The lawsuit had also asked for an immediate halt to counting and verification of mail ballots, but Wilson rejected that request shortly after the suit was filed last month.
  • The GOP lawsuit was filed on Oct. 23, just 11 days before the general election.
  • Slovakia undertook a massive effort over the weekend: to test nearly all adults in the country for the coronavirus.
  • Amid a steep spike in cases, more than 3.6 million Slovaks were tested for the virus, according to Prime Minister Igor Matovic – that's about two-thirds of the population.
  • The tests were free, and conducted at some 5,000 testing sites around the country, with assistance from Slovakia's military.
  • For all others, the test is optional – but a strict 10-day quarantine is required for those who choose to not get tested, The Lancet reports.
  • One goal of the program is to keep the nation's hospitals from becoming overwhelmed.
  • Matovič said that the government's scientific advisory team had recommended a three-week lockdown for all, rather than the testing program, but he said a lockdown would cause too much economic pain, according to The Lancet.
  • Some have been critical of the government's plan.
  • "There is no evidence that any vote that should lawfully be counted has or will not be counted.
  • Carson City District Court Judge James Wilson denied their request, ruling that the plaintiffs lacked legal standing to bring the case and had failed to provide evidence of "debasement or dilution of a citizen's vote."
  • In the lawsuit, Trump's campaign and the Nevada GOP alleged that they could not observe all aspects of the ballot-counting process closely enough, and wanted to install cameras to record the process.
  • The ruling was released on Monday, just a day before Election Day.
  • Wilson wrote that there was no evidence of improper vote counting.
  • But the plaintiffs failed to show any error or flaw in the Agilis results or any other reason for such a mandate, Wilson wrote.
  • "There is only one 'result,' and that comes after every lawful vote is counted," Ford tweeted.
  • The lawsuit had also asked for an immediate halt to counting and verification of mail ballots, but Wilson rejected that request shortly after the suit was filed last month.
  • "Clark County is a blue county, and this is a numbers game. And quite frankly they would like to exclude as many ballots in Clark County as they can. They want a high rejection rate," Zunino said, according to the Review-Journal. "They are not challenging the process in Elko County or Humboldt County or Carson City because those are red counties."
  • Nevada's Secretary of State Barbara Cegavske, a Republican, told legislators earlier this year that there were no cases of fraud during the state's primary election in June, which was conducted almost entirely by mail.
aidenborst

Rep. Mo Brooks is avoiding an insurrection lawsuit. Rep. Eric Swalwell hired a private ... - 0 views

  • Republican Rep. Mo Brooks is avoiding a lawsuit from his Democratic colleague Rep. Eric Swalwell that seeks to hold him accountable for the January 6 Capitol insurrection -- so much so that Swalwell's attorneys hired a private investigator to find him.
  • The detail comes in a court filing Wednesday in which Swalwell's attorneys describe difficulty in serving Brooks with the lawsuit. CNN has reached out to Brooks' office for comment.
  • After Swalwell -- a California Democrat -- sued in March, his attorneys tried to reach the Alabama Republican through calls to the congressman's office and by sending a letter to formally provide him notice he had been sued, a necessary step in this type of court proceeding.
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  • "Counsel spoke to two different staff members on two separate occasions, and each time was promised a return call that never came," Swalwell's attorneys wrote on Wednesday.
  • Brooks spoke at the pro-Trump rally on January 6, saying, "Today is the day American patriots start taking down names and kicking ass." He then asked the rally attendees if they were willing to fight.
  • Following the Swalwell team's calls, they emailed, too. "Neither Brooks nor any member of his staff has responded to his request," their filing said.
  • "The problem here is that Mo Brooks' door is under lock and key ... There was just no access to the primary place that he was for much of the day," Andonian said. "It just takes persistence and luck sometimes. We're not claiming Brooks is hiding in a bunker somewhere. But it takes a lot of effort."
  • "Plaintiff had to engage the services of a private investigator to attempt to serve Brooks personally -- a difficult feat under normal circumstances that has been complicated further in the wake of the January 6 insurrection at the Capitol that Defendants incited," Swalwell's court filing continued. "Plaintiff's investigator has spent many hours over many days in April and May at locations in multiple jurisdictions attempting to locate and serve Brooks, to no avail."
  • "We want to know answers. We want to know what Donald Trump was saying, what he was thinking" or what others said to him on January 6, Andonian said on CNN Wednesday. He described the effort in the lawsuit as one way to find out what happened behind the scenes around the then-President since plans for a bipartisan congressional commission fell apart last week after Senate Republicans blocked its creation.
  • Following the speeches at the pro-Trump rally, many in the crowd marched to the Capitol, with several violently breaking into the building and looking for lawmakers who were certifying Biden's victory over Trump in the 2020 election.
  • Republican Rep. Mo Brooks is avoiding a lawsuit from his Democratic colleague Rep. Eric Swalwell that seeks to hold him accountable for the January 6 Capitol insurrection -- so much so that Swalwell's attorneys hired a private investigator to find him.
carolinehayter

Google Lawsuit Marks End Of Washington's Love Affair With Big Tech : NPR - 0 views

  • The U.S. Justice Department and 11 state attorneys general have filed a blockbuster lawsuit against Google, accusing it of being an illegal monopoly because of its stranglehold on Internet search.
  • The government alleged Google has come by its wild success — 80% market share in U.S. search, a valuation eclipsing $1 trillion — unfairly. It said multibillion-dollar deals Google has struck to be the default search engine in many of the world's Web browsers and smartphones have boxed out its rivals.
  • Google's head of global affairs, Kent Walker, said the government's case is "deeply flawed." The company warned that if the Justice Department prevails, people would pay more for their phones and have worse options for searching the Internet.
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  • Just look at the word "Google," the lawsuit said — it's become "a verb that means to search the internet." What company can compete with that?
  • It will likely be years before this fight is resolved.
  • a tectonic shift is happening right now: USA v. Google is the biggest manifestation of what has become known as the "Techlash" — a newfound skepticism of Silicon Valley's giants and growing appetite to rein them in through regulation.
  • "It's the end of hands-off of the tech sector," said Gene Kimmelman, a former senior antitrust official at the Justice Department. "It's probably the beginning of a decade of a series of lawsuits against companies like Google who dominate in the digital marketplace."
  • For years, under both Republican and Democratic administrations, Silicon Valley's tech stars have thrived with little regulatory scrutin
  • There is similar skepticism in Washington of Facebook, Amazon and Apple — the companies that, with Google, have become known as Big Tech, an echo of the corporate villains of earlier eras such as Big Oil and Big Tobacco.
  • All four tech giants have been under investigation by regulators, state attorneys general and Congress — a sharp shift from just a few years ago when many politicians cozied up to the cool kids of Silicon Valley.
  • Tech companies spend millions of dollars lobbying lawmakers, and many high-level government officials have left politics to work in tech,
  • "It's been a relationship of extremes,"
  • She said Washington's laissez-faire attitude toward tech is at least partly responsible for the sector's expansion into nearly every aspect of our lives.
  • "These companies were allowed to grow large, in part because they had political champions on both sides of the aisle that really supported what they were doing and viewed a lot of what they were doing uncritically. And then ... these companies became so big and so powerful and so good at what they set out to do, it became something of a runaway train," she said.
  • The Google lawsuit is the most concrete action in the U.S. to date challenging the power of Big Tech. While the government stopped short of explicitly calling for a breakup, U.S. Associate Deputy Attorney General Ryan Shores said that "nothing's off the table."
  • "This case signals that the antitrust winter is over,"
  • other branches of government are also considering ways to bring these companies to heel. House Democrats released a sweeping report this month calling for new rules to strip Apple, Amazon, Facebook and Google of the power that has made each of them dominant in their fields. Their recommendations ranged from forced "structural separations" to reforming American antitrust law. Republicans, meanwhile, have channeled much of their ire into allegations that platforms such as Facebook and Twitter are biased against conservatives — a claim for which there is no conclusive evidence.
  • Congressional Republicans and the Trump administration are using those bias claims to push for an overhaul of Section 230 of the 1996 Communications Decency Act, a longstanding legal shield that protects online platforms from being sued over what people post on them and says they can't be punished for reasonable moderation of those posts.
  • The CEOs of Google, Facebook and Twitter are set to appear next week before the Senate Commerce Committee at a hearing about Section 230.
  • On the same day the Justice Department sued Google, two House Democrats, Anna Eshoo, whose California district includes large parts of Silicon Valley, and Tom Malinowski of New Jersey, introduced their own bill taking aim at Section 230. It would hold tech companies liable if their algorithms amplify or recommend "harmful, radicalizing content that leads to offline violence."
  • That means whichever party wins control of the White House and Congress in November, Big Tech should not expect the temperature in Washington to warm up.
  • Editor's note: Google, Facebook, Apple and Amazon are among NPR's financial supporters.
Javier E

The Dark Power of Fraternities - The Atlantic - 0 views

  • College fraternities—by which term of art I refer to the formerly all-white, now nominally integrated men’s “general” or “social” fraternities, and not the several other types of fraternities on American campuses (religious, ethnic, academic)—are as old, almost, as the republic.
  • While the system has produced its share of poets, aesthetes, and Henry James scholars, it is far more famous for its success in the powerhouse fraternity fields of business, law, and politics. An astonishing number of CEOs of Fortune 500 companies, congressmen and male senators, and American presidents have belonged to fraternities
  • They also have a long, dark history of violence against their own members and visitors to their houses, which makes them in many respects at odds with the core mission of college itself.
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  • A recent series of articles on fraternities by Bloomberg News’s David Glovin and John Hechinger notes that since 2005, more than 60 people—the majority of them students—have died in incidents linked to fraternities, a sobering number in itself, but one that is dwarfed by the numbers of serious injuries, assaults, and sexual crimes that regularly take place in these houses.
  • I have spent most of the past year looking deeply into the questions posed by these lawsuits, and more generally into the particular nature of fraternity life on the modern American campus
  • to answer the vexing question “why don’t colleges just get rid of their bad fraternities?”—the system, and its individual frats, have only grown in power and influence. Indeed, in many substantive ways, fraternities are now mightier than the colleges and universities that host them.
  • The entire multibillion-dollar, 2,000-campus American college system
  • the Kappa Alpha Society. Word of the group spread, and a new kind of college institution was founded, and with it a brand-new notion: that going to college could include some pleasure. It was the American age of societies, and this new type fit right in.
  • every moment of the experience is sweetened by the general understanding that with each kegger and rager, each lazy afternoon spent snoozing on the quad (a forgotten highlighter slowly drying out on the open pages of Introduction to Economics, a Coke Zero sweating beside it), they are actively engaged in the most significant act of self-improvement available to an American young person: college!
  • There are many thousands of American undergraduates whose economic futures (and those of their parents) would be far brighter if they knocked off some of their general-education requirements online, or at the local community college—for pennies on the dollar—before entering the Weimar Republic of traditional-college pricing. But college education, like weddings and funerals, tends to prompt irrational financial decision making,
  • depends overwhelmingly for its very existence on one resource: an ever-renewing supply of fee-paying undergraduates. It could never attract hundreds of thousands of them each year—many of them woefully unprepared for the experience, a staggering number (some 40 percent) destined never to get a degree, more than 60 percent of them saddled with student loans that they very well may carry with them to their deathbeds—if the experience were not accurately marketed as a blast.
  • When colleges tried to shut them down, fraternities asserted that any threat to men’s membership in the clubs constituted an infringement of their right to freedom of association. It was, at best, a legally delicate argument, but it was a symbolically potent one, and it has withstood through the years. The powerful and well-funded political-action committee that represents fraternities in Washington has fought successfully to ensure that freedom-of-association language is included in all higher-education reauthorization legislation, thus “disallowing public Universities the ability to ban fraternities.”
  • While the fraternities continued to exert their independence from the colleges with which they were affiliated, these same colleges started to develop an increasingly bedeviling kind of interdependence with the accursed societies
  • the fraternities involved themselves very deeply in the business of student housing, which provided tremendous financial savings to their host institutions, and allowed them to expand the number of students they could admit. Today, one in eight American students at four-year colleges lives in a Greek house
  • fraternities tie alumni to their colleges in a powerful and lucrative way. At least one study has affirmed what had long been assumed: that fraternity men tend to be generous to their alma maters. Furthermore, fraternities provide colleges with unlimited social programming of a kind that is highly attractive to legions of potential students
  • It is true that fraternity lawsuits tend to involve at least one, and often more, of the four horsemen of the student-life apocalypse, a set of factors that exist far beyond frat row
  • the binge-drinking epidemic, which anyone outside the problem has a hard time grasping as serious (everyone drinks in college!) and which anyone with knowledge of the current situation understands as a lurid and complicated disaster
  • The second is the issue of sexual assault of female undergraduates by their male peers, a subject of urgent importance but one that remains stubbornly difficult even to quantify
  • The third is the growing pervasiveness of violent hazing on campus
  • But it’s impossible to examine particular types of campus calamity and not find that a large number of them cluster at fraternity houses
  • the fourth is the fact that Boomers, who in their own days destroyed the doctrine of in loco parentis so that they could party in blissful, unsupervised freedom, have grown up into the helicopter parents of today
  • during the period of time under consideration, serious falls from fraternity houses on the two Palouse campuses far outnumbered those from other types of student residences, including privately owned apartments occupied by students. I began to view Amanda Andaverde’s situation in a new light.
  • Why are so many colleges allowing students to live and party in such unsafe locations? And why do the lawsuits against fraternities for this kind of serious injury and death—so predictable and so preventable—have such a hard time getting traction? The answers lie in the recent history of fraternities and the colleges and universities that host them.
  • This question is perhaps most elegantly expressed in the subtitle of Robert D. Bickel and Peter F. Lake’s authoritative 1999 book on the subject, The Rights and Responsibilities of the Modern University: Who Assumes the Risks of College Life?
  • The answer to this question has been steadily evolving ever since the 1960s, when dramatic changes took place on American campuses, changes that affected both a university’s ability to control student behavior and the status of fraternities in the undergraduate firmament. During this period of student unrest, the fraternities—long the unquestioned leaders in the area of sabotaging or ignoring the patriarchal control of school administrators—became the exact opposite: representatives of the very status quo the new activists sought to overthrow. Suddenly their beer bashes and sorority mixers, their panty raids and obsession with the big game, seemed impossibly reactionary when compared with the mind-altering drugs being sampled in off-campus apartments where sexual liberation was being born and the Little Red Book proved, if nothing else, a fantastic coaster for a leaky bong.
  • American colleges began to regard their students not as dependents whose private lives they must shape and monitor, but as adult consumers whose contract was solely for an education, not an upbringing. The doctrine of in loco parentis was abolished at school after school.
  • Through it all, fraternities—for so long the repositories of the most outrageous behavior—moldered, all but forgotten.
  • Animal House, released in 1978, at once predicted and to no small extent occasioned the roaring return of fraternity life that began in the early ’80s and that gave birth to today’s vital Greek scene
  • In this newly forming culture, the drugs and personal liberation of the ’60s would be paired with the self-serving materialism of the ’80s, all of which made partying for its own sake—and not as a philosophical adjunct to solving some complicated problem in Southeast Asia—a righteous activity for the pampered young collegian. Fraternity life was reborn with a vengeance.
  • These new members and their countless guests brought with them hard drugs, new and ever-developing sexual attitudes, and a stunningly high tolerance for squalor
  • Adult supervision was nowhere to be found. Colleges had little authority to intervene in what took place in the personal lives of its students visiting private property. Fraternities, eager to provide their members with the independence that is at the heart of the system—and responsive to members’ wish for the same level of freedom that non-Greek students enjoyed—had largely gotten rid of the live-in resident advisers who had once provided some sort of check on the brothers
  • , in 1984 Congress passed the National Minimum Drinking Age Act, with the ultimate result of raising the legal drinking age to 21 in all 50 states. This change moved college partying away from bars and college-sponsored events and toward private houses—an ideal situation for fraternities
  • lawsuits began to pour in.
  • Liability insurance became both ruinously expensive and increasingly difficult to obtain. The insurance industry ranked American fraternities as the sixth-worst insurance risk in the country—just ahead of toxic-waste-removal companies.
  • For fraternities to survive, they needed to do four separate but related things: take the task of acquiring insurance out of the hands of the local chapters and place it in the hands of the vast national organizations; develop procedures and policies that would transfer as much of their liability as possible to outside parties; find new and creative means of protecting their massive assets from juries; and—perhaps most important of all—find a way of indemnifying the national and local organizations from the dangerous and illegal behavior of some of their undergraduate members.
  • comprising a set of realities you should absolutely understand in detail if your son ever decides to join a fraternity.
  • you may think you belong to Tau Kappa Epsilon or Sigma Nu or Delta Tau Delta—but if you find yourself a part of life-changing litigation involving one of those outfits, what you really belong to is FIPG, because its risk-management policy (and your adherence to or violation of it) will determine your fate far more than the vows you made during your initiation ritual
  • the need to manage or transfer risk presented by alcohol is perhaps the most important factor in protecting the system’s longevity. Any plaintiff’s attorney worth his salt knows how to use relevant social-host and dramshop laws against a fraternity; to avoid this kind of liability, the fraternity needs to establish that the young men being charged were not acting within the scope of their status as fraternity members. Once they violated their frat’s alcohol policy, they parted company with the frat.
  • there are actually only two FIPG-approved means of serving drinks at a frat party. The first is to hire a third-party vendor who will sell drinks and to whom some liability—most significant, that of checking whether drinkers are of legal age—will be transferred. The second and far more common is to have a BYO event, in which the liability for each bottle of alcohol resides solely in the person who brought it.
  • these policies make it possible for fraternities to be the one industry in the country in which every aspect of serving alcohol can be monitored and managed by people who are legally too young to drink it.
  • But when the inevitable catastrophes do happen, that policy can come to seem more like a cynical hoax than a real-world solution to a serious problem.
  • Thanks in part to the guest/witness list, Larry can be cut loose, both from the expensive insurance he was required to help pay for (by dint of his dues) as a precondition of membership, and from any legal defense paid for by the organization. What will happen to Larry now?
  • “I’ve recovered millions and millions of dollars from homeowners’ policies,” a top fraternal plaintiff’s attorney told me. For that is how many of the claims against boys who violate the strict policies are paid: from their parents’ homeowners’ insurance
  • , the Fraternal Information and Programming Group’s chillingly comprehensive crisis-management plan was included in its manual for many years
  • the plan serves a dual purpose, at once benevolent and mercenary. The benevolent part is accomplished by the clear directive that injured parties are to receive immediate medical attention, and that all fraternity brothers who come into contact with the relevant emergency workers are to be completely forthright
  • “Until proven otherwise,” Fierberg told me in April of fraternities, “they all are very risky organizations for young people to be involved in.” He maintains that fraternities “are part of an industry that has tremendous risk and a tremendous history of rape, serious injury, and death, and the vast majority share common risk-management policies that are fundamentally flawed. Most of them are awash in alcohol. And most if not all of them are bereft of any meaningful adult supervision.”
  • the interests of the national organization and the individual members cleave sharply as this crisis-management plan is followed. Those questionnaires and honest accounts—submitted gratefully to the grown-ups who have arrived, the brothers believe, to help them—may return to haunt many of the brothers, providing possible cause for separating them from the fraternity, dropping them from the fraternity’s insurance, laying the blame on them as individuals and not on the fraternity as the sponsoring organization.
  • So here is the essential question: In the matter of these disasters, are fraternities acting in an ethical manner, requiring good behavior from their members and punishing them soundly for bad or even horrific decisions? Or are they keeping a cool distance from the mayhem, knowing full well that misbehavior occurs with regularity (“most events take place at night”) and doing nothing about it until the inevitable tragedy occurs, at which point they cajole members into incriminating themselves via a crisis-management plan presented as being in their favor?
  • I have had long and wide-ranging conversations with both men, in which each put forth his perspective on the situation.
  • the young men who typically rush so gratefully into the open arms of the representatives from their beloved national—an outfit to which they have pledged eternal allegiance—would be far better served by not talking to them at all, by walking away from the chapter house as quickly as possible and calling a lawyer.
  • The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
  • His belief is that what’s tarnishing the reputation of the fraternities is the bad behavior of a very few members, who ignore all the risk-management training that is requisite for membership, who flout policies that could not be any more clear, and who are shocked when the response from the home office is not to help them cover their asses but to ensure that—perhaps for the first time in their lives—they are held 100 percent accountable for their actions.
  • The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
  • His belief is that what’s tarnishing the reputation of the fraternities is the bad behavior of a very few members, who ignore all the risk-management training that is requisite for membership, who flout policies that could not be any more clear, and who are shocked when the response from the home office is not to help them cover their asses but to ensure that—perhaps for the first time in their lives—they are held 100 percent accountable for their actions.
  • Unspoken but inherent in this larger philosophy is the idea that it is in a young man’s nature to court danger and to behave in a foolhardy manner; the fraternity experience is intended to help tame the baser passions, to channel protean energies into productive endeavors such as service, sport, and career preparation.
  • In a sense, Fierberg, Smithhisler, and the powerful forces they each represent operate as a check and balance on the system. Personal-injury lawsuits bring the hated media attention and potential financial losses that motivate fraternities to improve. It would be a neat, almost a perfect, system, if the people wandering into it were not young, healthy college students with everything to lose.
  • In a sense, Fierberg, Smithhisler, and the powerful forces they each represent operate as a check and balance on the system. Personal-injury lawsuits bring the hated media attention and potential financial losses that motivate fraternities to improve. It would be a neat, almost a perfect, system, if the people wandering into it were not young, healthy college students with everything to lose.
  • Wesleyan is one of those places that has by now become so hard to get into that the mere fact of attendance is testament, in most cases, to a level of high-school preparation—combined with sheer academic ability—that exists among students at only a handful of top colleges in this country and that is almost without historical precedent.
  • Wesleyan is one of those places that has by now become so hard to get into that the mere fact of attendance is testament, in most cases, to a level of high-school preparation—combined with sheer academic ability—that exists among students at only a handful of top colleges in this country and that is almost without historical precedent.
  • This January, after publishing a withering series of reports on fraternity malfeasance, the editors of Bloomberg.com published an editorial with a surprising headline: “Abolish Fraternities.” It compared colleges and universities to companies, and fraternities to units that “don’t fit into their business model, fail to yield an adequate return or cause reputational harm.”
  • A college or university can choose, as Wesleyan did, to end its formal relationship with a troublesome fraternity, but—if that fiasco proves anything—keeping a fraternity at arm’s length can be more devastating to a university and its students than keeping it in the fold.
  • A college or university can choose, as Wesleyan did, to end its formal relationship with a troublesome fraternity, but—if that fiasco proves anything—keeping a fraternity at arm’s length can be more devastating to a university and its students than keeping it in the fold.
  • there is a Grand Canyon–size chasm between the official risk-management policies of the fraternities and the way life is actually lived in countless dangerous chapters.
  • When there is a common denominator among hundreds of such injuries and deaths, one that exists across all kinds of campuses, from private to public, prestigious to obscure, then it is more than newsworthy: it begins to approach a national scandal.
  • When there is a common denominator among hundreds of such injuries and deaths, one that exists across all kinds of campuses, from private to public, prestigious to obscure, then it is more than newsworthy: it begins to approach a national scandal.
anonymous

Cincinnati school district to settle lawsuit filed by parents of bullied boy who hanged... - 0 views

shared by anonymous on 05 Jun 21 - No Cached
  • Cincinnati Public Schools is on the verge of settling a wrongful death lawsuit with the parents of Gabriel Taye, attorneys for both parties said in a joint press release Friday.
  • Gabriel was 8 years old in 2017 when he hanged himself with a necktie in his Cincinnati home. His family subsequently filed a federal lawsuit against the district, the school's principal and assistant principal, and a school nurse, alleging that the school did not adequately respond to the boy being bullied, and did not inform them of a bullying incident that took place two days before Taye's death.
  • The proposed settlement announced Friday includes paying $3 million to Gabriel's family and a commitment on behalf of the district to a slew of anti-bullying measures, though the district admits no guilt.
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  • CPS also agreed to two years of ongoing oversight of the anti-bullying program.
  • In January, a three-judge panel from the 6th US Circuit Court of Appeals rejected CPS' motion to dismiss the lawsuit.
  • The boy's parent's provided "multiple examples of specific instances" in which school officials "withheld information regarding Taye's safety and wellbeing" and failed to punish the students that attacked Taye,
  • "This Court finds their behavior, as alleged, to be egregious and clearly reckless, thus barring them from the shield of government immunity," Bouie Donald wrote.
  • At the center of the suit was security footage from two days before Taye's death, in which the boy is seen falling unconscious at school.
  • The lawsuit alleged that the school knowingly withheld the bathroom incident from the boy's parents.School officials maintained that a school nurse called his mother to pick Gabriel up from school and take him to the hospital.
  • If agreed to, the settlement will require the district to improve its efforts to track individuals involved in repeat incidents of bullying, as well as locations in the school where repeat instances of bullying take place.
  • The proposed settlement also calls for "placing an appropriate memorial" to Gabriel at Carson Elementary School.The Cincinnati Board of Education is expected to hold a vote Monday night that, if it passes, will finalize the proposed settlement.
rachelramirez

Trump University's Shady Faculty - The Daily Beast - 0 views

  • Photo Illustration by The Daily Beastwritten by
  • The Shady Faculty of Trump University
  • According to seminar transcripts filed in one class-action lawsuit against Trump University and reviewed by The Daily Beast, Harris told students that at 19, he found himself homeless and was forced to seek shelter in the grimy New York City subway. But his life changed, he said, when he met a “nice gentleman” who taught him about the real estate business.
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  • Despite becoming the top instructor at an institution that billed itself as a university, he didn’t have a background in education or even, according to his story, a college degree.
  • When he was hired in 2008, he was already a convicted felon—for aggravated assault, recent depositions in the Trump University case reveal. And according to 2011 divorce filings in Gwinnett County, Georgia, Harris threatened to kill his ex-wife and tried to have her Range Rover repossessed the day after she filed for a restraining order.
  • The school, which has been defunct since 2011, is currently the subject of two class-action lawsuits in California and a $40 million suit brought by Eric Schneiderman, the Attorney General from New York.
  • Trump University began in earnest on May 23, 2005, a for-profit venture with a website, TrumpUniversity.com, and a collection of courses—on entrepreneurship, real estate, and marketing—available on CD-ROM for $300 a pop.
  • From the outset, Trump University’s roster of brainy professors was a selling point. In a promotional video
  • Sonny Low, who paid $25,000 for a Trump mentorship in 2010, reported that Nowlin didn’t even “appear knowledgeable” about real estate or investing, according to one class-action lawsuit against Trump University.
  • Attendees were required to sign a waiver promising not to sue the company if they later faced legal troubles, the Enquirer reported.
  • Students started with a $1,495 three-day seminar, before some instructors, according to court papers, goaded them into buying mentorship packages totaling up to $34,995.
  • The lawsuits against Trump University claim some pupils, encouraged to increase their credit limits and to max out their credit cards, paid twice as much.
  • Trump decided to go in another direction, according to Schank. There would be no more online courses, no more lectures from ivy league professors, no more books—just seminars, with speakers like Harris
  • On social media, he posed for photos in a plush, white bathrobe on a manicured lawn, flanked by a shiny silver Hummer and Mercedes-Benz. He told students they could live like him, too, and vowed to teach them to earn $25,000 a month, according to court filings.
  • At some point, Harris was also employed by Armando Montelongo Seminars, a venture similar to Trump University and also facing lawsuits from disgruntled students who claim they were scammed.
delgadool

Lawsuit Challenging NYC School Segregation Targets Gifted Programs - The New York Times - 0 views

  • A major new lawsuit filed Tuesday could force fundamental changes to how New York City’s public school students are admitted into selective schools, and marked the latest front in a growing political, activist and now legal movement to confront inequality in the nation’s largest school system.
  • it will likely prompt scrutiny of New York’s school system, considered among the most racially and socioeconomically segregated in the country.
  • If the plaintiffs are successful, the city could be compelled to restructure or even eliminate current admissions policies for hundreds of selective schools, including gifted and talented programs and academically selective middle and high schools.
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  • “This is the first case in the nation to seek a constitutional right to an anti-racist education,” said Mark Rosenbaum, one of the lawyers suing the city and state.
  • In the Detroit case, a federal court found last year that the district had been so negligent toward the educational needs of students that children had been “deprived of access to literacy.” The court then declared that public school students had a constitutional right to an adequate education. The plaintiffs later reached a settlement with Gov. Gretchen Whitmer of Michigan to fund more literacy programs in the Detroit public schools.
  • The city’s gifted and talented classes for elementary school students are about 75 percent white and Asian-American, and there are relatively few gifted programs located in predominantly Black and Latino neighborhoods. White students, who make up just 15 percent of the overall district, are starkly overrepresented in selective middle and high schools.
  • “We absolutely think that all students across the country have a right to an anti-racist education,” Ms. Savage said, noting that the extent of New York’s segregation made it a “particularly powerful place” to bring the lawsuit.
  • The plaintiff’s request for relief includes the elimination of selective admissions processes for all grade levels, which would amount to the most dramatic change to the city’s school system in decades.
anonymous

New York State Sues NYPD Over Its Handling Of 2020 Racial Justice Protests : NPR - 0 views

  • New York Attorney General Letitia James has filed a lawsuit against the New York City Police Department, citing "a pattern of using excessive force and making false arrests against New Yorkers during peaceful protests" that sought racial justice and other changes.
  • The Black Lives Matter movement and other activists organized large protests in New York and other states last year, after the Memorial Day death of George Floyd at the hands of police in Minneapolis. Demonstrations grew over similar incidents, including the killing of Breonna Taylor in Louisville, Ky.
  • "more than 1,300 complaints and pieces of evidence" about the police response to the protests in New York City. It's now seeking a court order "declaring that the policies and practices that the NYPD used during these protests were unlawful."
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  • Along with the court order, the attorney general is asking for policy reforms, as well as a monitor to be installed to oversee the NYPD's tactics and handling of future protests.
  • The NYPD has been sharply criticized over a number of its officers' actions in the past year. Last May, police SUVs were shown in a video of a protest in Brooklyn, surging into a crowd that had surrounded them. In another incident, an officer drew his gun and pointed it at a crowd of people.
  • The police actions broke state and federal law, James says. The lawsuit alleges that New York City, Mayor Bill de Blasio, NYPD Commissioner Dermot Shea and NYPD Chief of Department Terence Monahan "failed to prevent and address the pattern or practice of excessive force and false arrests by officers against peaceful protesters in violation of the First, Fourth, and Fourteenth Amendments of the United States Constitution"
  • The NYPD did not immediately respond to a request for comment. After the lawsuit was filed, the Police Benevolent Association of the City of New York issued a statement blaming the city's leadership for the problems at the protests.
  • James announced the lawsuit against the NYPD Thursday morning, in a virtual news conference that began shortly before New York Gov.
  • Last June, the NYPD suspended at least two officers for their behavior during protests, including an officer who was captured on video pushing a woman to the ground in Brooklyn. Another officer was punished for "pulling down an individual's face mask in Brooklyn and spraying pepper spray at him,
  • Human Rights Watch, an independent watchdog group, issued a report last year on the police misconduct in Brooklyn which said that clearly identified medics and legal observers were among those zip-tied and beaten by police, in a response to the protest which was "intentional, planned, and unjustified."
  • The lawsuit says the police department sent thousands of poorly trained officers to cope with large-scale protests, resulting in mass arrests and attempts to suppress demonstrations. It also says the NYPD made a practice out of "kettling" – corralling people by using physical force and obstructions – to arrest protesters rather than allow crowds to disperse.
  • A Minnesota judge ruled this week that Derek Chauvin, the former police officer who kept his knee on Floyd's neck for several minutes, will stand trial alone when proceedings begin in March. Chauvin is charged with second-degree murder and manslaughter. Readability mode is unavailable for this webpage. Please visit cache page or original page Top - A + ==== Serif ====PT SerifMerriweatherMartelNoto SerifSlabo 27pxAndadaLoraRoboto Slab== Sans Serif ==Source Sans ProOpen SansLato
Javier E

Big oil and gas kept a dirty secret for decades. Now they may pay the price | Climate c... - 0 views

  • even more strikingly, the nearly two dozen lawsuits are underpinned by accusations that the industry severely aggravated the environmental crisis with a decades-long campaign of lies and deceit to suppress warnings from their own scientists about the impact of fossil fuels on the climate and dupe the American public
  • for the first time in decades, the lawsuits chart a path toward public accountability that climate activists say has the potential to rival big tobacco’s downfall after it concealed the real dangers of smoking.
  • “Things have to get worse for the oil companies,” he added. “Even if they’ve got a pretty good chance of winning the litigation in places, the discovery of pretty clearcut wrong doing – that they knew their product was bad and they were lying to the public – really weakens the industry’s ability to resist legislation and settlements.”
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  • or decades, the country’s leading oil and gas companies have understood the science of climate change and the dangers posed by fossil fuels. Year after year, top executives heard it from their own scientists whose warnings were explicit and often dire.
  • In 1979, an Exxon study said that burning fossil fuels “will cause dramatic environmental effects” in the coming decades.“The potential problem is great and urgent,” it concluded.
  • o investigate the lengths of the oil and gas industry’s deceptions – and the disastrous consequences for communities across the country – the Guardian is launching a year-long series tracking the unprecedented efforts to hold the fossil fuel industry to account.
  • the legal reasoning behind foreign court judgments are unlikely to carry much weight in the US and domestic law is largely untested. In 2018, a federal court knocked back New York City’s initial attempt to force big oil to cover the costs of the climate crisis by saying that its global nature requires a political, not legal, remedy.
  • Among them is a 1988 Exxon memo laying out a strategy to push for a “balanced scientific approach”, which meant giving equal weight to hard evidence and climate change denialism. That move bore fruit in parts of the media into the 2000s as the oil industry repositioned global heating as theory, not fact, contributing to the most deep-rooted climate denialism in any developed country.
  • Other climate lawsuits, including one filed in Minnesota, allege the oil firms’ campaigns of deception and denial about the climate crisis amount to fraud. Minnesota is suing Exxon, Koch Industries and an industry trade group for breaches of state law for deceptive trade practices, false advertising and consumer fraud over what the lawsuit characterises as distortions and lies about climate science.
  • Farber said cases rooted in claims that the petroleum industry lied have the most promising chance of success.“To the extent the plaintiffs can point to misconduct, like telling everybody there’s no such thing as climate change when your scientists have told you the opposite, that might give the courts a greater feeling of comfort that they’re not trying to take over the US energy system,” he said.
  • The public nuisance claim, also pursued by Honolulu, San Francisco and Rhode Island, follows a legal strategy with a record of success in other types of litigation. In 2019, Oklahoma’s attorney general won compensation of nearly half a billion dollars against the pharmaceutical giant Johnson & Johnson over its false marketing of powerful prescription painkillers on the grounds it created a public nuisance by contributing to the opioid epidemic in the state.
  • Exxon set up equipment on a supertanker, the Esso Atlantic, to monitor carbon dioxide in seawater and the air. In 1982, the company’s scientists drew up a graph accurately plotting an increase in the globe’s temperature to date.
  • “The 1980s revealed an established consensus among scientists,” the Minnesota lawsuit against Exxon says. “A 1982 internal Exxon document … explicitly declares that the science was ‘unanimous’ and that climate change would ‘bring about significant changes in the earth’s climate’.”Then the monitoring on the Esso Atlantic was suddenly called off and other research downgraded.
  • Year after year, Exxon scientists recorded the evidence about the dangers of burning fossil fuels. In 1978, its science adviser, James Black, warned that there was a “window of five to ten years before the need for hard decisions regarding changes in energy strategy might become critical”.
  • newspapers to sow doubt. One in the New York Times in 2000, under the headline “Unsettled Science”, compared climate data to changing weather forecasts. It claimed scientists were divided, when an overwhelming consensus already backed the evidence of a growing climate crisis, and said that the supposed doubts meant it was too soon to act.
  • Exxon’s chairman and chief executive, Lee Raymond, told industry executives in 1996 that “scientific evidence remains inconclusive as to whether human activities affect global climate”.“It’s a long and dangerous leap to conclude that we should, therefore, cut fossil fuel use,” he said.Documents show that his company’s scientists were telling Exxon’s management that the real danger lay in the failure to do exactly that.
  • In 2019, Martin Hoffert, a professor of physics at New York University, told a congressional hearing that as a consultant to Exxon on climate modelling in the 1980s, he worked on eight scientific papers for the company that showed fossil fuel burning was “increasingly having a perceptible influence on Earth’s climate”.
  • Exxon worked alongside Chevron, Shell, BP and smaller oil firms to shift attention away from the growing climate crisis. They funded the industry’s trade body, API, as it drew up a multimillion-dollar plan to ensure that “climate change becomes a non- issue” through disinformation. The plan said “victory will be achieved” when “recognition of uncertainties become part of the ‘conventional wisdom’”.
  • The fossil fuel industry also used its considerable resources to pour billions of dollars into political lobbying to block unfavourable laws and to fund front organisations with neutral and scientific-sounding names, such as the Global Climate Coalition (GCC). In 2001, the US state department told the GCC that President George W Bush rejected the Kyoto protocol to reduce greenhouse gas emissions “in part, based on input from you”.
  • “Big oil was engaged in exactly the same type of behaviour that the tobacco companies engaged in and were found liable for fraud on a massive scale,” said Eubanks. “The cover-up, the denial of the problem, the funding of scientists to question the science. The same pattern. And some of the same lawyers represent both tobacco and big oil.”
katherineharron

Voting in Georgia US Senate race in Hancock County is more about fight to vote than rig... - 0 views

  • In 2015, after a failed attempt to shutter almost every polling location in a county three times the area of Atlanta, the Hancock County Board of Elections and Registration tried to remove 174 voters, almost all of them African American, ahead of a Sparta city election. The board even sent deputies to homes, summonsing voters to prove eligibility.
  • The city's roll at the time included only 988 voters, so it meant about one in five potential ballots.
  • many county residents could have been disenfranchised, he said last month.
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  • With Georgia voters set to decide control of the US Senate in Tuesday's runoffs, the challenges to the voting rolls in Hancock County, whose residents have long fought for their right to vote, remain under the supervision of a court-appointed examiner. Legal experts say the US Supreme Court pulling teeth from the Voting Rights Act is to blame.
  • Black households had a median income of $22,056 ($37,083 for White); almost 34% of Black residents lived in poverty (22% for White); and 26% of Black households received food benefits (6% for White).
  • Ahead of the 2015 Sparta elections, the lawsuit said, BOER Vice Chairwoman Nancy Stephens, who is White, began filing voter challenges as a citizen, then voting on them as a board member. When concerns were raised, a local resident began filing challenges "in a format that closely resembled the format of those filed by the Vice Chair," the lawsuit said.
  • The challengers "consistently failed to provide credible evidence based upon personal knowledge that the challenged voters were not qualified to vote," the lawsuit said.
  • The BOER, responding to the lawsuit, "vigorously" and "strenuously" denied illegally targeting Black voters or violating state laws.
  • Thornton can't understand why the BOER would claim he didn't live in the county, or why the board would try to remove him from the rolls. His catfish farm is in unincorporated Mayfield, 20 minutes outside Sparta, and he wasn't eligible to vote in the city elections.
  • "Sitting after two of the meetings, I thought, 'What would they do if someone challenged some White voters?'" recalled Webb, who is Black.
  • He went through the 2014 voting roll and pulled voters he knew were dead or had moved and submitted 14 challenges.
  • BOER members didn't take Webb's challenges seriously and defended White voters.
  • The BOER determined before the hearing that four of Webb's challenged voters were dead and removed them from the rolls. Of the remaining challenges, the board nixed one voter from the rolls and moved another to inactive status. Both were Asian American, the lawsuit said.
  • "What they did was beyond voter suppression. If something is wrong with your voter registration, they should call you and tell you what's wrong. What they were doing is taking you off the rolls, and you wouldn't find out until the election," Webb told CNN. "They were making Black votes disappear."
  • Since the death of the Georgia civil rights icon US Rep. John Lewis, politicians and activists have called for Congress to honor Lewis by crafting an updated coverage formula, as permitted by the high court, but it hasn't come to pass.
  • Julie Houk with the Lawyers Committee for Civil Rights Under Law, who worked on the Hancock County case, disagrees with the Supreme Court's finding "that the conditions that originally justified these measures no longer characterize voting in the covered jurisdictions."
  • In Macon-Bibb County, Georgia, Houk said, elections officials moved a Black voting precinct -- in a community that had rocky relations with law enforcement -- to the sheriff's office, which she called "very problematic" as it threatened to dissuade African Americans from voting.
  • The Lawyers' Committee has also challenged restrictive absentee ballot rules and fought voter purges, redistricting decisions and efforts to limit ballot drop boxes -- which tend to burden minorities the most.
  • In 2015, Georgia's then-Secretary of State Brian Kemp cited Shelby in informing counties they were "no longer required to submit polling place changes to the Department of Justice."
  • The ACLU of Georgia reported in September that of 313,243 voters removed from the state rolls in 2019, almost 200,000 were likely erroneously purged.
  • Two weeks before the November general election, ProPublica, in collaboration with public broadcasters, reported, "The state's voter rolls have grown by nearly 2 million since the US Supreme Court gutted the Voting Rights Act in 2013, but polling locations have been cut by almost 10%, with Metro Atlanta hit particularly hard."
  • This is why preclearance was so important: Discriminating against Black voters would've been rejected
  • The truth about 2015 "depends on what side you talk to," he said. No candidate could win in the city, now estimated at 89% African American, without securing a swath of the Black vote, said Haywood, who is White and is certain he was elected on his promise of reform, he said.
  • "We are way past problems with Black and White here," Haywood said. "Now, people are excited things are getting fixed."
  • Before the Voting Rights Act of 1965, it had no Black elected officials until John McCown -- an activist more in the mold of Stokely Carmichael than Martin Luther King Jr. -- came to town, luring investment and ushering Black residents to power.
  • McCown remains revered among many Black residents, despite investigations into his alleged misspending of grant money and other improprieties. They consider his achievements landmarks, including an affordable housing project and job creators like a cinder block factory and Thornton's now-defunct catfish farm. McCown's antebellum home still stands, abandoned and in need of upkeep.
  • A 1976 plane crash killed McCown, and a federal investigation into his fundraising killed the county's resurrected prosperity, but his legacy survived in the Black leaders succeeding him. "He created a political strategy, and African Americans voted themselves into power," Thornton said. "It has come to a point where (Hancock County) is one of the most impoverished in America. There is a wives' tale -- I don't know if it's true or not -- that some political leaders in Georgia have always said that if we can't vote the people of Hancock County out, we'll starve them out -- and there's been a disproportionate lack of growth to this particular community."
  • The BOER "strenuously denied" that it was illegally targeting Black voters with its challenges but agreed to enter the consent decree and abide by the standards and procedures the decree lays out. The court also ordered the defendants to pay more than $500,000 in attorneys' fees and other expenses, court documents show.As part of the consent decree, the BOER agreed to "not engage in discriminatory challenges to voters' eligibility," and to adhere to certain procedures in such challenges, according to court documents. It also restored certain voters to its rolls and agreed not to take action on other voters restored to the rolls for at least two federal election cycles.
  • "It had a chilling effect on voters," she said. "A lot of folks decided voting wasn't worth it."
  • "It will affect several elections down the road because people will say that I'm not going to be bothered by this ever again. I'm not going to vote," Warren said. "You have virtually destroyed their whole trust in the system altogether."
  • The county has submitted voters it wants removed, as instructed, and during the November election, the NAACP "seemed to think everything went OK," he said. Spencer's team is "always concerned," he said, and events happening at the state and national level, including Georgia's secretary of state calling to end no-excuse absentee voting and President Donald Trump challenging elections results, only exacerbate his worry.
  • "I am definitely worried that once the consent decree ends that the BOER will start its same antics again," he said. "They can say, 'Hey, we'll get everybody except Johnny Thornton, and the other people that we go for might not have the legal means or expertise to push back or to fight against the system.'"
  • Warren, in addition to previously serving as Sparta's registrar, is a Black county resident who began filming BOER meetings in 2015 when he learned of the challenges. He had trouble last year, he said, when applying for a mail-in ballot. A county elections official told him his home wasn't his registered address, he said. He isn't alleging any misbehavior -- he was able to sort it out before the general election -- but such a county notice might have been enough to deter a less-resolute voter from casting her or his ballot. In poor, rural areas like Hancock County, minor hiccups such as a rainy day or a washed-out road can have major effects on voting.
anonymous

A transgender woman sues the Georgia Department of Corrections over allegations of sexu... - 0 views

shared by anonymous on 24 Nov 20 - No Cached
  • A transgender woman who was incarcerated in Georgia has filed a lawsuit alleging that officials not only did not protect her from sexual assault and harm but inflicted it on her themselves.
  • accusing the defendants of denying her treatments deemed medically necessary and housing her in a men's prison despite being aware that it posed an increased risk to her safety.
  • "Being a woman in a men's prison is a nightmare," Diamond said in a news release Monday. "I've been stripped of my identity. I never feel safe. Never.
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  • I'm bringing this lawsuit to bring about change on behalf of a community that deserves the inherent dignity to simply exist."
  • "Ms. Diamond repeatedly notified GDC officials ... of her sexual assaults and begged to be transferred to a safer facility. Rather than heed her urgent requests for safe housing, GDC officials instructed Ms. Diamond to 'guard her booty'
  • openly acknowledged that GDC was unable to keep Ms. Diamond safe so long as she remained a transgender woman housed in men's facilities."
  • instances of abuse during her time in GDC custody, including one where an inmate hid waiting for her in a utility closet to assault her, and a corrections officer allegedly admitted she had been warned that the incarcerated man had been hiding there before the attack
  • one employee who allegedly locked her in a room on two occasions and allegedly sexually harassed her for hours.
  • Diamond filed her first lawsuit against the department in 2015 while incarcerated. The case was ultimately settled, but during litigation the court ruled that it was unconstitutional for the department to fail to protect her.
  • Despite a GDC psychologist concluding that denying her treatments would jeopardize Diamond's physical and psychological well-being, she was again denied hormone therapy
  • "The fabric of trust that I have for authorities has been broken, especially with those who the state has designated as my care takers,"
  • "My hope is that the future is brighter for people like me," Diamond said in the release. "I hope this lawsuit forever changes the way transgender people in Georgia are treated. This fight is not just my fight, it's our fight."
tsainten

Justice Dept to File Antitrust Lawsuit Against Google - The New York Times - 0 views

  • The Justice Department accused Google of maintaining an illegal monopoly over search and search advertising in a lawsuit filed on Tuesday, the government’s most significant legal challenge to a tech company’s market power in a generation.
  • llegally maintaining its monopoly over search through several exclusive business contracts and agreements that lock out competition.
  • Google’s payment of billions of dollars to Apple to place the Google search engine as the default for iPhones.
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  • The suit reflects the pushback against the power of the nation’s largest corporations, and especially technology giants like Google, Amazon, Facebook and Apple. Conservatives like President Trump and liberals like Senator Elizabeth Warren have been highly critical of the concentration of power in a handful of tech behemoths.
  • set off a cascade of other antitrust lawsuits
  • A victory for the government could remake one of America’s most recognizable companies and the internet economy that it has helped define since it was founded by two Stanford University graduate students in 1998.
  • The company says it has strong competition in the search market, with more people finding information on sites like Amazon. It says its services have been a boon for small businesses.
  • The lawsuit comes two weeks after Democratic lawmakers on the House Judiciary Committee released a sprawling report on the tech giants that accused Google of controlling a monopoly over online search and the ads that come up when users enter a query.
  • It controls 90 percent of the market for online searches, according to one estimate.
  • Google last faced serious scrutiny from an American antitrust regulator nearly a decade ago, when the Federal Trade Commission investigated whether it had abused its power over the search market. The agency’s staff recommended bringing charges against the company, according to a memo reported on by The Wall Street Journal. But the agency’s five commissioners voted in 2013 not to bring a case.
  • European Union has brought three antitrust cases against Google in recent years, focused on its search engine, advertising business and Android mobile operating system. Regulators in Britain and Australia are examining the digital advertising market, in inquiries that could ultimately implicate the company.
katherineharron

Explaining the Supreme Court lawsuit from Texas and Trump challenging Biden's win - CNN... - 0 views

  • Although all 50 states have certified their election results and the Supreme Court swiftly rejected an emergency request from Pennsylvania Republicans to block election results in the commonwealth, the justices are now grappling with a new controversial bid from Texas, supported by President Donald Trump and 17 other Republican-led states.
  • They are asking the Supreme Court for an emergency order to invalidate the ballots of millions of voters in four battleground states -- Georgia, Wisconsin, Michigan and Pennsylvania -- even though there is no evidence of widespread fraud.
  • They're asking for the court to block the electors from Georgia, Wisconsin, Michigan and Pennsylvania, pushing Biden back under the magic 270-vote total to win.
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  • Texas Attorney General Ken Paxton filed the lawsuit Tuesday. The President on Wednesday filed a motion to intervene -- basically a request to join the lawsuit
  • On Tuesday, it rejected the plea from Pennsylvania Republicans to invalidate the state's presidential tallies. It issued one sentence and noted zero dissents. (Justices don't always have to make their votes public.)
  • since Republican delegations outnumber Democratic delegations, Trump would win.
  • "In a nutshell the President is asking the Supreme Court to exercise its rarest form of jurisdiction to effectively overturn the entire presidential election," said Steve Vladeck, a CNN Supreme Court analyst and University of Texas Law School professor.
  • The court has thus far shown no desire to intervene in the presidential election.
  • Trump has suggested publicly that he hopes his nominees -- Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch -- will side with him on any election dispute.
  • "Our Country is deeply divided in ways that it arguably has not been seen since the election of 1860," Trump's motion to intervene states. "There is a high level of distrust between the opposing sides, compounded by the fact that, in the election just held, election officials in key swing states, for apparently partisan advantage, failed to conduct their state elections in compliance with state election law."
  • The court could act after those filings arrive or wait until Texas files a brief replying to the arguments made by the battleground states. The justices acted quickly in rejecting the Pennsylvania lawsuit on Tuesday, but they could bide their time as they have in other election-related cases.
  • If the court refuses to take up the lawsuit, it's another nail in the coffin for Trump's hopes to reverse his election loss.
  • If it acts in the other direction, it will be another dramatic and unprecedented turn in the 2020 election, guaranteeing the President will continue to challenge Biden's victory.
  • "There's nothing unique about Texas' claims here, most of which have already been brought in other suits against the same four states," said Vladeck, noting that if Trump and other states are joining in, it could weaken the suggestion the Texas case is unique.
  • The GOP "used to be a party for states' rights," Ginsberg said. "I can't imagine something that is less faithful to the principle of states' rights than a Texas attorney general trying to tell other states how to run their elections."
  • Sen. John Cornyn, the senior Texas Republican, told CNN that "I frankly struggle to understand the legal theory of it. Number one, why would a state, even such a great state as Texas, have a say-so on how other states administer their elections?
  • "Using the Covid-19 pandemic as a justification," Paxton wrote, officials in the battleground states "usurped their legislatures' authority and unconstitutionally revised their state's election statutes." He said they had done so through "executive fiat." He pointed specifically to mail-in ballots, which he said were placed "in drop boxes" with "little or no chain of custody," which weakened signature verification and witness requirements, which he called "the strongest security measures protecting the integrity of the vote."
  • First the court would have to allow Paxton to file the suit. Then the court would have to block certification of the Electoral College vote, determine that the four states had allowed massive amounts of "illegal" votes, have the states revisit their vote counts and then resubmit the numbers.
  • The President's campaign has been represented by former New York Mayor Rudy Giuliani and attorney Jenna Ellis. In the current motion, however, Trump is being represented by John Eastman.
  • Trump has also asked GOP Sen. Ted Cruz of Texas -- the former solicitor general of the state -- to represent him at the Supreme Court in the unlikely event it hears oral arguments.
sidneybelleroche

Associated Press News - 0 views

  • A Connecticut judge found Infowars host Alex Jones liable by default Monday in a defamation lawsuit brought by parents of children killed in the Sandy Hook Elementary School shooting over the conspiracy theorist’s claims that the massacre was a hoax.
  • A Connecticut judge found Infowars host Alex Jones liable by default Monday in a defamation lawsuit brought by parents of children killed in the Sandy Hook Elementary School shooting over the conspiracy theorist’s claims that the massacre was a hoax.
  • The ruling by the judge, who cited Jones’ refusal to abide by court rulings or turn over evidence, means a jury will determine how much in damages Jones should pay to the families.
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  • Norman Pattis, a lawyer for Jones, said an appeal of Bellis’ default ruling is planned.
  • Judge Barbara Bellis took the rare step of issuing a default judgment in the case because she said Jones and his companies, Infowars and Free Speech Systems, had failed to turn over documents including records that might have showed how, and if, they had profited from spreading misinformation about the school shooting and other mass killings.
  • Shortly after the judge’s decision, Jones went on his show and said he’d been deprived of a fair trial.
  • His lawyers have asked that Bellis be removed from the case, alleging she has not been impartial.
  • The ruling has the same outcome as a jury determining the case in favor of the families. A jury will now determine the damages.
  • The shooting was portrayed on Jones’ Infowars show as a hoax involving actors aimed at increasing gun control. Jones has since acknowledged the school shooting did occur.
  • Families of the victims said they have been subjected to harassment and death threats from Jones’ followers because of the hoax conspiracy pushed on Infowars. They sued Jones and his companies for defamation and infliction of emotional distress. The hearing on damages before a jury is expected to be held next year.
  • In one of the lawsuits, a Texas judge in 2019 ordered Jones to pay $100,000 in legal fees and refused to dismiss the suit. And a jury in Wisconsin awarded $450,000 to one of the parents in his lawsuit against conspiracy theorist writers, not including Jones, who claimed the massacre never happened.
Javier E

Conservative Media Pay Little Attention to Revelations About Fox News - The New York Times - 0 views

  • Fox News and its sister network, Fox Business, have avoided the story. Newsmax and One America News, Fox’s rivals on the right, have steered clear, too. So have a constellation of right-wing websites and podcasts.
  • Over the past two weeks, legal filings containing private messages and testimony from Fox hosts and executives revealed that many of them had serious doubts that Democrats stole the 2020 presidential election through widespread voter fraud, even as those claims were made repeatedly on Fox’s shows.
  • On 26 of the most popular conservative television news networks, radio shows, podcasts and websites, only four — National Review, Townhall, The Federalist and Breitbart News — have mentioned the private messages from Fox News hosts that disparaged election fraud claims since Feb. 16
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  • “Choosing not to do stories is a form of bias,”
  • Four outlets mentioned the lawsuit in some way, but did not mention the comments from Fox News hosts. One of those, The Gateway Pundit, published three articles that included additional unfounded allegations about Dominion, including a suggestion that security vulnerabilities at one election site using Dominion machines could have led to some fraud, despite no evidence that votes were mismanaged.
  • The majority — 18 in all, including Fox News itself — did not cover the lawsuit at all with their own staff.
  • The lone on-air mention of the case on Fox News has been by Howard Kurtz, who hosts the weekly Fox News show “MediaBuzz.” He addressed the Dominion case on the air this week, telling viewers: “I believe I should be covering it.”“But,” he continued, “the company has decided as part of the organization being sued, I can’t talk about it or write about it, at least for now. I strongly disagree with that decision, but as an employee I have to abide by it.”
  • Mainstream news organizations often report on themselves when they are at the center of a scandal, Mr. Rosenstiel said, because they get “much more credit when they expose the lens on themselves as aggressively as they would anyone else.”
  • “The things you ignore and the things you choose to highlight are an important part of how you show whether you are a serious news organization.”
  • There are no legal orders barring media organizations from covering lawsuits they are involved in. And Mr. Rosenstiel pointed to a long history of past suits and scandals covered by the news organizations involved. The Washington Post, for example, ran a deeply reported article on how and why a reporter had made up a character in an article that won a Pulitzer Prize in 1981. The prize had been withdrawn a few days earlier after the fraud was uncovered
  • Fox’s lawyers might fear that anything said on the air could be used against the company at the trial
  • “From an ethical perspective, I’d say it’s a real disservice to their viewers on Fox not to be covering this,” she said.
  • Newsmax and The Washington Examiner — two of the four outlets reviewed by The Times that mentioned Dominion’s lawsuit but not the specific comments by Fox News’s hosts — have focused on Rupert Murdoch’s private messages, including that he saw Newsmax as a potential threat to Fox News
  • The hosts’ comments have also not been a focus of users on right-wing social media. Instead, many users on sites like Gab and Truth Social accused Mr. Murdoch of disloyalty to former President Donald J. Trump
  • One of the articles by The Gateway Pundit that advanced voter fraud narratives about Dominion was the most-shared story about the case on right-wing social media, according to data from Pyrra Technologies, a company that monitors the right-wing internet.
  • When users on right-wing social networks discussed the Fox News hosts, many criticized Mr. Carlson, Mr. Hannity and others for not fully believing the election fraud lies they appeared to endorse, Pyrra found.
bodycot

Exclusive: Trump's 3,500 lawsuits unprecedented for a presidential nominee - 0 views

  • Donald Trump and his supporters argue that his success in business gives him exactly the experience he needs to run the country effectively.
  • Just since he announced his candidacy a year ago, at least 70 new cases have been filed, about evenly divided between lawsuits filed by him and his companies and those filed against them.
  • As it turns out, this finding applies to highly skilled performance in any area: Being highly experienced and capable in one field says nothing about whether you can perform at a comparable level in another, even if the two have many similarities.
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  • The skills don’t transfer.
  • And despite his boasts on the campaign trail that he “never” settles lawsuits, for fear of encouraging more, he and his businesses have settled with plaintiffs in at least 100 cases reviewed by USA TODAY.
  • To maintain an apples-to-apples comparison, only actions that used the developers' names were included. The analysis found Trump has been involved in more legal skirmishes than all five of the others — combined.
johnsonma23

Donald Trump: Hispanic judge in Trump University lawsuit is 'a hater' | MSNBC - 0 views

  • Donald Trump: Hispanic judge in Trump University lawsuit is ‘a hater’
  • Presumptive Republican presidential nominee Donald Trump railed against the judge in the legal battle over Trump University, telling a large crowd Friday in San Diego, “There should be no trial.”
  • “We’re in front of a very hostile judge. The judge was appointed by Barack Obama,” Trump told a campaign rally
  • ...4 more annotations...
  • “I think Judge Curiel should be ashamed of himself. I think it’s a disgrace that he’s doing this and I look forward to going before a jury not this judge, a jury, and we will win that trial.”
  • “I have a judge who is a hater of Donald Trump, a hater, he’s a hater,” he continued. “I’m getting railroaded by a legal system that frankly they should be ashamed.”
  • U.S. District Court Judge Gonzalo Curiel “happens to be, we believe Mexican, which is great. I think that’s fine,” Trump added of the judge, who was born in East Chicago, Indiana.
  • “Because of the wall and because of everything that’s going on with Mexico … this is a judge who I believe has treated me very, very unfairly,” Trump said. 
Maria Delzi

BBC News - Facebook sued over alleged private message 'scanning' - 0 views

  • Facebook is facing a class action lawsuit over allegations that it monitors users' private messages.
  • The lawsuit claims that when users share a link to another website via a private message, Facebook scans it to profile the sender's web activity.
  • The lawsuit is claiming the greater of either $100 (£61) a day for each day of alleged violations or $10,000, for each user.
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  • The lawsuit, filed earlier this week, cites independent research that, it claims, found Facebook reviews the contents of its users' private messages "for purposes unrelated to the facilitation of message transmission".
  • "Representing to users that the content of Facebook messages is "private" creates an especially profitable opportunity for Facebook," it says.
  • "because users who believe they are communicating on a service free from surveillance are likely to reveal facts about themselves that they would not reveal had they known the content was being monitored.
  • Writing on his blog, security expert Graham Cluley said that if the site was not examining links shared privately, Facebook would be failing a "duty of care" to its users.
  • Facebook has come under attack over its privacy policies in the past.
  • In September last year, it faced criticism over a proposed change to its privacy policy which would have allowed ads to be created using the names and profile pictures of Facebook users.
  • Facebook undertook to change the wording in the wake of a legal action launched in 2011 which saw it pay $20m to compensate users who claimed it had used their data without explicit permission.
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