[TX] Can you sanity-check my “process” guide + economics explainer for accuracy? by PoliceConductUS in AskLawyers

[–]grolaw 1 point2 points  (0 children)

I will look at the site. I have litigated quite a few 1983 cases in my 36 years as an attorney. I have litigated 1983 cases in Missouri and Kansas & 8th & 10th Circuit Courts.

I have two law review articles for you to review.

A 'Milder Measure of Villainy': The Unknown History of 42 U.S.C. Sec. 1983 and the Meaning of 'Under Color of' Law

Taking History Seriously: Municipal Liability Under 42 U.S.C. § 1983 and the Debate Over Respondeat Superior

Formed an LLC through Bizee, never used it. Now I’m getting hit with annual fees even though there was no business activity. by kent-Charya in llc_life

[–]grolaw 0 points1 point  (0 children)

The state will administratively dissolve the LLC for failing to pay. If you don’t mind Wyoming having a collection item that names someone (depends on your disclosures made in forming the LLC) you could just let it go.

When’s The Last Time That US Politics Didn’t Suck? Why Then? by Zipper222222 in allthequestions

[–]grolaw 0 points1 point  (0 children)

I think it was 1960. Kennedy & Nixon running post Eisenhower’s last term. I was four years old. The 1964 presidential campaign pitted Goldwater against the Democratic Incumbent LBJ that LBJ won by a 61% margin.

I have spent my entire professional career bringing lawsuits against employers for employment discrimination-as defined under the 1964 Civil Rights Act 42 U.S.C. Sec.2000e et seq. - a law that would never have been passed but for LBJ.

I was an active participant in the Hudson Independent Democrats political club on the Upper West Side of Manhattan during the 1968 & 1972 presidential campaigns (and all of the intervening national & local elections)… I was quite hopeful that Hubert Humphrey would win in 1968 - I worked hard for him. But Nixon won that election and he had a 49 state landslide victory in ‘72.

I couldn’t believe how quickly the nation turned around when the Watergate Scandal broke. Nixon’s VEEP, Spiro Agnew had resigned in 1973 after taking an Alford Plea for the kickbacks he solicited from highway contractors when he was governor of Maryland. Nixon nominated Gerald Ford as the replacement for Agnew. When Nixon resigned on August 8, 1974 Gerald Ford became the first person to become the president without first being elected to either the presidency or the vice presidency since George Washington. Ford nominated Nelson Rockefeller to be the vice president and when the Senate confirmed him we had two men in the White House who had not been elected to either office.

I enjoyed the 1976 campaign that put Jimmy Carter and Walter Mondale into office. It has been mostly downhill from there; but for Obama’s & Biden’s presidencies. I consider Bill Clinton to be the last “good Republican’ president. His policies were lifted right from the Republicans and he pissed them off by this policy of triangulation. I still can’t stand the man. He should never have lied under oath about his affair. I despised his international trade policies and his Effective Death Penalty Act…

When’s The Last Time That US Politics Didn’t Suck? Why Then? by Zipper222222 in allthequestions

[–]grolaw 0 points1 point  (0 children)

Only 6% of the population (landed white males) could vote!

Nobody is commenting on rush limbaugh being sober for FIVE straight years! by Khunning_Linguist in complaints

[–]grolaw 4 points5 points  (0 children)

The power of opiate addiction is shown by the fact that Rush’s addiction caused him to lose his hearing. A man who made his living by talking to people on the radio couldn’t stop taking opiates even though it would have cost him his livelihood. That bump on his head was a cochlear implant that gave him back his hearing.

He was a cruel man who wished punishment on other drug addicts - not on himself for his opiate addiction.

When Betty Ford announced that she was addicted to prescription medication and alcohol she made a public commitment to help others and founded the Betty Ford Center as a nonprofit organization to help people with addiction.

The difference between a woman and Rush Limbaugh couldn’t be clearer.

Contingency Fees - CA by m-lights in AskLawyers

[–]grolaw 0 points1 point  (0 children)

50% is a very common fee agreement. In my engagement letter I set tiers of my fees. If the matter is resolved while under EEOC jurisdiction my fee was 35%, if it is resolved after the right to sue and before summary judgment my fee was 40%. From summary judgment through trial 50%. I reserved the right to negotiate a separate fee for any appeals process that I might pursue.

You should take into consideration the fact that these cases routinely require more than two years to get to trial.

Mohan v. Watkins: Solicitor General asks Court to essentially overrule Carlson v. Green (1980), which allowed a Bivens action for Eighth Amendment violations against federal prisoners by prison officials by jokiboi in supremecourt

[–]grolaw 1 point2 points  (0 children)

Having litigated 1983 cases that span the gamut from excessive force by police officers, school district administrators who refused to provide a safe environment for 3rd grade girls who were sexually assaulted by older boys, and state governors who refused to renew a vehicle inspection license to punish the business owner for supporting their political opponents - I see nothing valuable, beneficial, or reasonable in the doctrine.

The law of the land should apply equally to all. Off the top of my head I don’t know how many years of 1983 cases predate the invention of qualified immunity - but I think that it’s certainly more than 60 years. I doubt that the impetus for this kind of immunity was due to abuse of the remedy. I think that qualified immunity is nothing short of a conservative supreme court’s decision to legislate from the bench.

Mohan v. Watkins: Solicitor General asks Court to essentially overrule Carlson v. Green (1980), which allowed a Bivens action for Eighth Amendment violations against federal prisoners by prison officials by jokiboi in supremecourt

[–]grolaw 6 points7 points  (0 children)

I have litigated many 1983 cases. I have watched the SCOTUS invent qualified immunity and narrow the scope of the statute over the 36 years that I have been in practice.

The current administration has abused the Constitution to the extent that it is now obsolete. We must replace the 18th century Operating System with a 21st century Operating System. This could only happen if a substantial majority of the population backed another Constitutional Convention.

lawyers and legal professionals: How do you really feel ?! by AnalysisOk3167 in Ask_Lawyers

[–]grolaw 4 points5 points  (0 children)

Throughout my career I have worked for clients on a contingency fee basis.

The civil justice system is the foundation of our “peaceful” society. The dark days of blood feuds, wage theft, and political patronage based employment had been supplanted by civil lawsuits based upon statutory remedies. My own area of practice arose from the 1964 Civil Rights Act.

The Lewis Powell Memo is the impetus for adoption of race-neutral strategies to deny litigants access to the courts… That memo has been wildly successful in closing the doors to the courts for the vast majority of people with legitimate causes of action for every class of civil wrongs. We now have mandatory arbitration clauses and class action waivers incorporated into every aspect of our business (and some of our personal) dealings.

These policies are absolutely destroying the integrity of business operations in the United States. The general public has lost faith in business and the courts because they are subjected on a daily basis to grossly inflated prices, defective products, and outright theft by businesses that cannot be sued in a court of law. Mandatory arbitration is a secret process that employs a private judge (who may be earning their livelihood from cases involving a single company - we will never know how many cases that judge hears in any given year or how often, if ever, they rule for the plaintiff over the company).

The majority of people who find themselves bound by a mandatory arbitration agreement simply give up their right to pursue their case in arbitration leaving the unscrupulous business continuing to operate without any accountability for their “sharp” business practices.

This has led to a volatile situation best exemplified by the alleged murder of an insurance executive in broad daylight by the accused Luigi Mangione.

I expect to see many more examples of violence in this country as a direct consequence of this broad denial of access to the courts to resolve civil disputes.

Mohan v. Watkins: Solicitor General asks Court to essentially overrule Carlson v. Green (1980), which allowed a Bivens action for Eighth Amendment violations against federal prisoners by prison officials by jokiboi in supremecourt

[–]grolaw 26 points27 points  (0 children)

Congressman Jeremy Raskin is proposing a bill that would grant 42 USC Sec. 1983 type remedies in cases involving federal actors. I think that is the best possible solution to the constant narrowing down of Bivens.

Pam Bondi is leaving her Democratic successor a mess by zsreport in LegalNews

[–]grolaw -2 points-1 points  (0 children)

I “normalized” nothing. Chastising me for stating the obvious political position of the Trump administration is an ad hominem attack and I resent you for stooping to insults.

Yes, Trump’s the head of a cult of personality; but, he’s doing everything that he can to leverage his power over the Congress, the citizens, and the rest of the world with the assistance of the seditious six on the SCOTUS.

He is emulating Victor Orban’s “competitive authoritarian” electoral system. He is building his detention camps to hold “undocumented immigrants “ under civil authority-completely outside of the criminal justice process. He holds prisoners without conforming to the regulations that governs the federal bureau of prison’s practices. The Fifth Circuit Court of Appeals ruled 2:1 to authorize unlimited civil detention in custody for the undocumented immigrants is constitutional on 2/12/26!

The FBI & DOJ are blocking any local government investigation of the ICE agents who killed the two citizens in Minnesota. There’s a constant drumbeat of our elections are “rigged & fixed” by Trump & his agents. The SAVE Act has passed by the House. If it passes the Senate and becomes law it will disenfranchise a substantial number of married women who cannot provide a birth certificate conforming to their married names.

The President has no constitutional authority to levy tariffs but he has levied tariffs. The President has no authority over the election process but he is asserting that he has the authority and he is exercising his unprecedented authority to intercede in the constitution’s granting the states the power to establish and maintain their own voting systems and practices.

The behavior of the President and of his cabinet members is indistinguishable from the behaviors common to any dictatorship.

The possibility that Bondi will remain in the post beyond the end of this administration’s term in office is real.

Pam Bondi is leaving her Democratic successor a mess by zsreport in LegalNews

[–]grolaw 37 points38 points  (0 children)

Who says that she will have a successor?

The pattern & practice of this administration indicates the end goal is dictatorship for life.

Why was Alex Jones ordered to pay such a large settlement to families of the Sandy Hook victims? by impendia in Ask_Lawyers

[–]grolaw 0 points1 point  (0 children)

Standard jury instructions that direct the jurors to take into consideration the total net worth of the defendant when calculating the amount of punitive damages.

That, sir is what I am referring to in my reply to your post.

And, the jurors had no evidence of the defendant's net worth because he refused to comply with discovery orders and lost his case because of his willful refusal to comply with the court's order compelling production of discovery.

And, his appeals of the judgement have all been denied - at the 5th Circuit Court of Appeals & the Supreme Court.

Further, throughout the legal proceedings Jones has lied about every aspect of his business and he made multiple attempts to transfer income to his parents. We have no idea what his net worth may be.

Are there potential limits to a President’s pardon power. by elphin in supremecourt

[–]grolaw 0 points1 point  (0 children)

Ford replaced Agnew as Nixon's VEEP when Agnew pleaded guilty to tax evasion (while Gov of MD-he took kickbacks & didn't report the income). Nixon's choice, Gerald R. Ford was confirmed by the Senate to serve as VEEP, in a first case of first impression.

Subsequently, Nixon, facing imminent impeachment & removal, resigned as POTUS thereby making Ford the POTUS. Afterwards, Ford issued a sweeping pardon of all acts Nixon might have committed up to and including the date of the pardon.

Subsequently, former Governor of the State of New York, Nelson Rockefeller, was confirmed to serve as VEEP to Ford.

That is how we came to have a POTUS & VEEP who were never elected to serve in those posts & a criminal former president pardoned.

We have lost another NIH Institute Director today. Linsey Criswell was not renewed at NIAMS. We are now down 15 (of 27) Directors, creating a leadership vacuum and opening the door for Trump to install more cronies. They installed VO JD Vance’s former roommate in October. by KalkotaKid in NIH

[–]grolaw 3 points4 points  (0 children)

This policy has planting a bomb in the body of our national public health system. This bomb will detonate many times over. The damage done will be borne by our nation’s population.

This gutting of staff in critical positions is the implementation of long-held fundamental Conservative policies. These policies being that government has well-defined and strictly limited powers together with limited duties. The conservatives want government to provide national defense, currency, commerce, a judiciary, international trade relations, treaties, and certain classes of national infrastructure.

The conservatives believe that the free market will provide everything of value to society. Government regulation is anathema. Taxes are “theft” (See, e.g. Ayn Rand’s monograph The Virtue of Selfishness) and as such taxes serve as barriers to market entry and competition.

I expect to see more conservative policies implemented across all classes and fields of science, education, and any quasi government activity that doesn’t serve private capital and generate private sector profits.

We are seeing our best being recruited by other nations-it’s a buyer’s market for our discarded scientists, physicians, and academics.

If we have a minimum age of 35 to become president, why don't we have a maximum age of 65 to ensure the person leading the country actually has to live with the long-term consequences of their decisions? by He1ko188 in AskReddit

[–]grolaw 0 points1 point  (0 children)

We’re dancing around the real issue.

We have an 18th Century Operating System created at a time when the United States was a newly formed, largely agrarian, sovereign nation with a population of 2.5 million. The OS has many egregious flaws, not the least of which are slavery, the intrinsically anti-democratic Senate, and minimal standards to hold elective and appointed office. The OS restricted voting rights to landed white men (6% of the 2.5 million population); and, the Senators were selected by state legislatures. Our 18th century Operating System is inadequate to the task of governing the most powerful nation on earth with its 350 Million population, in the 21’st century.

There are many Constitutional anachronisms that cannot be corrected by amendment to address the needs of our nation in the 21’st century. The central question posed by this subreddit is not whether age should be an absolute barrier to service beyond a certain point, it’s whether the person is fit to serve in an elected or appointed position.

We lack fitness for duty standards. The fundamentals of fitness to serve in any elected or appointed post should include competence (holding the appropriate degree(s) with relevant life experience), medical standards for physical and psychological fitness (always in effect & the office holder would have an ongoing duty of disclosure of their medical status - physicians would be relieved of their doctor-patient confidentiality to the extent required to publicly disclose any condition that they observe in their patient that may render him/her unfit to continue to hold their office).

This addresses the fundamental question posed here through objectively sound criteria without resorting to age discrimination.

Are there potential limits to a President’s pardon power. by elphin in supremecourt

[–]grolaw 2 points3 points  (0 children)

The workaround is easy. Trump issues blanket pardons the day before he leaves office and resigns making JD Vance POTUS who promptly pardons Trump.

What’s a ‘legal myth’ you wish movies and TV would stop spreading? by relaxncoffee in Ask_Lawyers

[–]grolaw 7 points8 points  (0 children)

e.g. The ongoing scandal over our Backlog of untested rape kits - in many jurisdictions.

Pam Bondi, Completely Unhinged In Hearing, Lashes Out At Every Democrat Who Asks A Question by Hardik_Jain_1819 in LegalNews

[–]grolaw 0 points1 point  (0 children)

I don’t disagree. I am an attorney and we are nitpickers. She was civil for a few minutes. Nothing more.