3.12.2015
NFL Free Agency Today Gives Me An Excuse To Post This
This is from Hard Knocks a few years back. (Cromartie is going back to the Jets -- I don't care about that. I just have always thought the clip was funny.)
Edit: But in more local news, one fan is not happy that DeMarco Murray is going to Philadelphia. And proves he's not that smart.
Police Officers Shot In Ferguson: Does This Sound Right?
CNN excerpt: One of them is from nearby Webster Groves. The officer -- a 32-year-old with seven years experience -- was shot at the high point of his cheek, just under his right eye, Belmar said. The bullet that hit him was still lodged behind his ear as of late Thursday morning.
The other wounded officer was hit in the shoulder and the bullet came out the middle of his back, Belmar said. He is a 41-year-old from St. Louis County Police who has been in law enforcement for the past 14 years.
Both men were treated and released from St. Louis' Barnes Jewish Hospital, according to a Thursday morning post on the St. Louis County Police's Facebook page.
The other wounded officer was hit in the shoulder and the bullet came out the middle of his back, Belmar said. He is a 41-year-old from St. Louis County Police who has been in law enforcement for the past 14 years.
Both men were treated and released from St. Louis' Barnes Jewish Hospital, according to a Thursday morning post on the St. Louis County Police's Facebook page.
We Have A Verdict
NFL ordered to pay a combined amount of nearly $76,000 in #SBtix trial over Super Bowl XLV seating problems.
— Jeff Mosier (@jeffmosier) March 12, 2015
A federal court was occupied for almost two weeks for this? The NFL has always said it tried to settle this thing and there's no question they were willing to pay that a long time ago.
Question: Is the Plaintiff's lawyer entitled to recover attorney's fees over and above this because it is a breach of contract case?
"Today we received justice for my clients who were dumb enough to spend outrageous amounts of money on tickets for an NFL game in the first place. And make no mistake about it, this $76,000 verdict sends a message to the NFL, which made $9.5 billion this year, that they can't abuse its fans, cover up domestic abuse, or ignore the impact of brain injuries. Oh, and camera guy, could you move a bit. My right side is my good side."*
________
*Since this guy will sue over anything, let's be clear that this was not his actual statement. It probably should have been, but it wasn't.
_________
Edit: Based upon a very informed commenter, the NFL will not have to pay his attorney's fees which can happen in breach of contract cases. So was this a financial win for that lawyer? I can't possibly see how. There's no way his seven clients agreed to pay him by the hour. No way. So I would suspect he took a contingency fee. 40%? 33%? But think about his expenses. First, he's from California. I bet his travel and hotel bills alone for the prep and actual trial of this case are astronomical. Throw in the cost for depositions (court reporters, videographers, transcripts) and other typical litigation costs, and the figure has to be real, real high. And all that doesn't even factor in the amount of time he dedicated to this thing. When all is said and done, it wouldn't surprise me if he ended up working for below minimum wage. Did he do it for publicity? Possibly. But can any of you name him?
_________
Edit: Based upon a very informed commenter, the NFL will not have to pay his attorney's fees which can happen in breach of contract cases. So was this a financial win for that lawyer? I can't possibly see how. There's no way his seven clients agreed to pay him by the hour. No way. So I would suspect he took a contingency fee. 40%? 33%? But think about his expenses. First, he's from California. I bet his travel and hotel bills alone for the prep and actual trial of this case are astronomical. Throw in the cost for depositions (court reporters, videographers, transcripts) and other typical litigation costs, and the figure has to be real, real high. And all that doesn't even factor in the amount of time he dedicated to this thing. When all is said and done, it wouldn't surprise me if he ended up working for below minimum wage. Did he do it for publicity? Possibly. But can any of you name him?
Naked Man Is Just Like The Terminator: He Can't Be Stopped
He had a stick to it quality you just had to admire.
Random Thursday Morning THoughts
- "Travis County commissioners approve $42 million district attorney’s building." That's a lot of money for a building to be filled with lots of government employees.
- The Star-Telegram has a short editorial today saying that Tarrant County DA Sharen Wilson's office should be watched to make sure chaos does not ensue.
- Two officers were shot in Ferguson last night during protests. Both will survive.(Grainy video.)
- I'm not sure I had ever heard Tim O'Hare on the radio before, but he is filling in for Mark Davis this week. In light of the Ferguson shootings last night, he started his show off questioning whether the Justice Department should have released the report chronicling racism by the Ferguson PD and actually asked whether the should government at some point should be able to limit protests. Amazing. And he's a Right Winger. Here's his Twitter bio: "Christian, Husband, Dad; Lawyer/Real Estate Investor; Guest Talk Show Host, 660 AM The Answer; Past: Mayor-Farmers Branch, TX; President-Christian Legal Society."
- Ok, can we back off crucifying the two OU students involved in the SAE/Racism scandal? They have been punished and will continue to be punished.
- I completely missed the suicide of the inmate of the Wise County Jail -- It looks like he spent a few days in the hospital before passing away. (And the oddest thing is that his last criminal case in Wise County per its website is one for Public Intoxication which was filed on 3/6/15 but was dismissed on 3/9/15.)
- The jury is deliberating life or death for the man from Graham who shockingly killed two of his children. But check out this description of the closing argument by prosecutor Lisa Tanner: "There is no doubt in her mind that Armandariz loved his children, Tanner said." Regardless of the context, that's bizarre. If I'm a juror I'm thinking, "This is the representative of the government who is responsible for trying to convince me to kill someone? I'm supposed to trust her judgment?" The jury couldn't reach a verdict yesterday and we're sent home late last night.
- Watching everyone freaking out whether DeMarco Murray will sign with the Eagles confirms how disinterested I am.
- The Bridgeport page out of the program for this week's state basketball tourney. (I'm not saying I know everything that's in the Star-Telegram, but I'm sure they've even mentioned the team this week.)
- I continue to be amazed at the length of the federal trial for the Super Bowl ticket screwup. That judge needed to get control of her scene.
3.11.2015
Machinery Of Death
Death row inmate Manuel Vasquez' schedule for past three days. He is scheduled to be executed at 6 pm today. pic.twitter.com/JLVqXQAlof
— T.L. Langford (@tlangford) March 11, 2015
Just feels so goulish.
Let's Check In On The Legislature
@KoltenParker @EricaGrieder @PatrickSvitek "Former" lol
— T. Lassiter Jones (@LassiterJones) March 11, 2015
My #prolife sign was just ripped down by @charliegeren #txlege
— Jonathan Stickland (@RepStickland) March 11, 2015
Really
Former Rep. Michele Bachmann filming Sharknado 3 outside White House pic.twitter.com/IoGBJOaTb4
— Igor Bobic (@igorbobic) March 11, 2015
Let's shut it down. Let's go home.
What Am I Looking At?
A guy with Wise County ties posted these pictures taken near Odessa on Facebook with the caption of "nauseating".
Random Wednesday Morning Thoughts
- The other day I said I thought there was a real free speech issue with the University of Oklahoma kicking kids out of school for the words they utter. I was pleased to see yesterday that a smart legal expert believes the same thing.
- But it was shocking to listen to The Ticket yesterday discussing that issue. Corby Davidson said, "Government has nothing to do with this." Mind blowing. OU is the government. Craig Miller said this morning, "It's similiar to whether an employer fire an employee if he learns that employee has ties to the Klan." Double mind blowing. Private employers are not the government. And I heard several times that this free speech issue was a moot point because none of the kids would challenge their expulsion. Ummkay. Let's just accept it.
- Someone pointed out that freshman five star OU running back Joe Mixon was kicked off the team for one year for slugging a woman in a bar but will be given a second chance and allowed back on the team this year.
- That Superbowl ticket fiasco trial is driving me crazy. Jerry Jones testifies for two and half hours yesterday? And the Cowboys aren't even a defendant. I'm stunned that a federal judge in a federal court has allowed this to drag on. Heck, it wouldn't happen in the district court in Wise County.
- There's an item in the Update about an Aurora City Councilman who has filed for re-election despite entering a plea to a sexual offense in Wise County. What jumped out at me: He received three years deferred adjudication probation via a plea bargain for Indecency With A Child. Historically, an agreement like that normally means the State had extreme concerns about whether they could win their case, and the defendant was willing to accept the deal because of the risk of getting hammered if things go south in front of a jury. But that's just a guess in regards to this particular case.
- Sports: (1) I forgot who said it yesterday, but the line that the "first five hours of NFL free agency is more entertaining than the first five months of baseball" is spot on, (2) I've said it for two years, the Mavericks are about to hit a ten years of horrible basketball once Dirk is done. And he's done. (3) I always brag about Baylor sports, but their baseball team is horrible.
- Some Dallas lawyer filed a class action lawsuit against Toyota, Ford and Gerneral Motors because the new cars they manufacture can be "hacked". Two things: (1) The lawsuit was 342 pages long, and (2) Whenever you see "class action" there will only be one group of people who will benefit: The lawyers. Whether it be those for the plaintiffs, defendants, or both. It's really amazing those things are allowed.
- After the Sixth Grader In The House said "What?" three straight times to the same question by Mrs. LL, I got to softly utter to myself the Pulp Fiction lines of, "Say 'what' again. I dare you. Do they speak English in What?"
- It's half price day at the Fort Worth Zoo. Ask yourself: Is saving $4.50 per child worth that chaos?
- Tarrant County DA's Office watch: A prosecutor talks to a judge during a capital murder trial about upcoming evidence when the defense lawyer isn't present and then later blindsides the defense with the evidence? (Star-Telegram story so there may or may not be a paywall. And the story almost buries the lead.) Edit: My bad. Case is being tried in Tarrant County but the Tarrant County DA is not involved.
- Eleven service members were killed in helicopter crash in the Florida panhandle last night. How does that happen?
- I'm no home builder, but I'm guessing that putting a new house on a truck doesn't help much with its structural integrity . . .
3.10.2015
The No Texting While Driving In Texas Bill Just Got Voted Out Of Committee
The relevant part of House Bill 80 (emphasis added):
(b) An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped and is outside a lane of travel.
(c) It is a defense to prosecution under Subsection (b) that the operator used a portable wireless communication device:
(1) to read, select, or enter a telephone number or
name for the purpose of making a telephone call;
(2) in conjunction with voice-operated technology, a
push-to-talk function, or a hands-free device, as defined by
Section 545.425;
(3) to navigate using a global positioning system or
navigation service;
(4) to report illegal activity or summon emergency
help;
(5) to read a text-based communication that the person
reasonably believed concerned an emergency; or
(6) that was affixed to the vehicle to relay
information between the operator and a dispatcher in the course of
the operator's occupational duties.
How unenforceable is that? Hey, be a cop right now. Is this guy breaking the proposed new law?
The scary part is that police can stop and detain you if they have a "reasonable suspicion" that you are breaking the law. Do you suspect he is breaking the above law? Is it reasonable to do so?
Edit: It never ceases to amaze me. I write a post about the text of the law and the difficulties in enforcing it and there are immediately a couple of goofballs who interpret the post to mean I must be in favor of whatever it is the law is trying to prevent. How is it possible to come to that conclusion?
Edit for extreme legal nerds: Got called out by a legal genius who pointed out that the noted exceptions in subsection "(c)" are "defense[s]". Great point and incredibly complicated. At a trial, the defense just has to put on some evidence of one of those defenses and then the prosecutor has to refute it with evidence beyond a reasonable doubt. How that factors into whether the cops can completely discount them in determining a reasonable suspicious is a great legal issue that I've never seen resolved in any other context. Love stuff like this. Could get lost in it every day.
(b) An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped and is outside a lane of travel.
(c) It is a defense to prosecution under Subsection (b) that the operator used a portable wireless communication device:
(1) to read, select, or enter a telephone number or
name for the purpose of making a telephone call;
(2) in conjunction with voice-operated technology, a
push-to-talk function, or a hands-free device, as defined by
Section 545.425;
(3) to navigate using a global positioning system or
navigation service;
(4) to report illegal activity or summon emergency
help;
(5) to read a text-based communication that the person
reasonably believed concerned an emergency; or
(6) that was affixed to the vehicle to relay
information between the operator and a dispatcher in the course of
the operator's occupational duties.
How unenforceable is that? Hey, be a cop right now. Is this guy breaking the proposed new law?
The scary part is that police can stop and detain you if they have a "reasonable suspicion" that you are breaking the law. Do you suspect he is breaking the above law? Is it reasonable to do so?
Edit: It never ceases to amaze me. I write a post about the text of the law and the difficulties in enforcing it and there are immediately a couple of goofballs who interpret the post to mean I must be in favor of whatever it is the law is trying to prevent. How is it possible to come to that conclusion?
Edit for extreme legal nerds: Got called out by a legal genius who pointed out that the noted exceptions in subsection "(c)" are "defense[s]". Great point and incredibly complicated. At a trial, the defense just has to put on some evidence of one of those defenses and then the prosecutor has to refute it with evidence beyond a reasonable doubt. How that factors into whether the cops can completely discount them in determining a reasonable suspicious is a great legal issue that I've never seen resolved in any other context. Love stuff like this. Could get lost in it every day.
OU Racism News
They aren't messing around. The speed of this is a little disturbing and comes pretty close to sacrificing students in order to do university damage control:
And the kid, who has now been publicly identified. who was leading the chant graduated from a private Dallas school. They've issued a statement. Uh, that last sentence? How did the "unborn" get inserted into this?
I have acted today to expel two students who were leaders in the singing of a racist chant. See press release - DBo pic.twitter.com/VypOiVqXi7
— David Boren (@President_Boren) March 10, 2015
And the kid, who has now been publicly identified. who was leading the chant graduated from a private Dallas school. They've issued a statement. Uh, that last sentence? How did the "unborn" get inserted into this?
Message from the President. pic.twitter.com/Bud5zjdQZ5
— Jesuit Dallas (@jesuitdallas) March 10, 2015
And In Other Parts Of The World
France is in mourning after three national sports personalities were among 10 people killed in a double helicopter crash during the filming of a reality TV show in northwestern Argentina. Two Olympic medal winners — the 28-year-old boxer Alexis Vastine and 25-year-old swimmer Camille Muffat — and yachtswoman Florence Arthaud, 57, lost their lives in La Rioja province on Monday. Five other French nationals and two Argentinian pilots also died.
Our Lives And Dogs' Lives Are Very Similar Sometime
So Where Did It Come From?
Four officers say they heard a voice asking for help. But the mother was dead and an 18 month old could not talk.
Random Tuesday Morning Thoughts
- Tarrant County trial: A guy turned down a 30 year plea bargain in a murder case and was found not guilty.
- "An off-duty police officer working as a security guard at a Fort Worth night club shot and injured a man early Sunday." And to think I was worried about the increase in cops shooting people while on duty. (There sure are a lot of police shootings that are based upon a vehicle being driven "at" them. Is there some weird mentality of "I'll stand in front of the vehicle and if he drives towards me I get to kill him"? It happens way too often.)
- I had to drive down I-35 into Fort Worth yesterday. Pothole city. They were causing traffic jams.
- I mentioned the other day how silly I thought it was that the NFL was being sued for the Super Bowl ticket mess in Dallas. Not because the claim wasn't valid but because it couldn't be settled. There has now been a jury of regular folks who have been held hostage in that trial for two weeks and who have been inconvenienced far more than the Plaintiffs ever were. I think they will factor that in to their verdict.
- The OU fraternity racist rant situation has my head spinning. A kid(s) ruining his life within 20 seconds. A school crushing an organization in record time without even pausing to consider all facts and all options. Racism. Free Speech. Social media. Parents.
- I really haven't paid attention to the story about the Republican letter to Iran because I can't get past the title, "Republicans Send Letter To Iran."
- The Junior In The House will silently frustrate me because she doesn't seem to be interested in things I find interesting. Then I think back to when I was a Junior In The House and realize things aren't particularly different.
- Sports: The Ticket's Hardline the other day said that the best thing troubled Josh Hamilton could do would be to walk away from baseball. He is owed a mind-blowing $90 million over the next three years. How many of us would say, "I'm not worth it and you can keep the money"?
- During every weather related TV shot of traffic, there always seems to be a Fed Ex truck in the picture.
- Someone questioned the accuracy of the Fit Bit the other day. When Mrs. LL and I went sledding the other day we woke up early and walked forever to get to the hill. Later in the morning, our 10,000 step notification went off within ten minutes of one another. I think that's proof. Or a coincidence.
- It was a big The Bachelor night in house last night as I casually glanced at the screen from time to time. I finally figured out why women love guys like him: He just looks at whoever is talking to him in a deep and longing fashion and keeps his mouth shut. Genius. A beating for him, but genius.
- Not sure what I think about this: Baylor women's coach Kim Mulkey went on a rant against the UT coach for not, in essence, giving up and pulling her starters during Baylor's win in last night's Big 12 Championship game. "When [we are] up 20-plus and you clear your bench, basically you’re trying to tell the opponent ‘OK, the game’s over.’" I guess it depends on how much time is left. (Video.)
- Saw a lawyer in the Wise County Courthouse the other day process a credit card payment from a client in the hallway over his phone. It think Atticus Finch did that in To Kill A Mockingbird.
3.09.2015
Nothing Like A Little ISIS Wedding Prank
Ahmed Shehata pranked his bride, Shaimaa Deif, at their wedding reception by having his friends dress up as Islamic State militants and capturing his new wife.
The video begins with Ahmed and Shaimaa sitting on a stage overlooking their wedding when the Islamic State anthem begins to play. His friends then rush the stage with masks on and fake swords drawn and the newly wedded couple hostage.
Shaimaa wasn’t in on the stunt and her father was on the verge of attacking the masked men to save her.
But the anthem son cut out after the couple was placed in a cage and dance music was played.
I tell Mrs. LL all the time: "The world's gone crazy."
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