Tag Archives: Lawsuit

Redskins WR Pierre Garçon Sues FanDuel

Had thought this was going to happen for a while. The Sports Fantasy games use the players names and likenesses in their advertising, which is key to marketing their business. DraftKings one of the two largest of the gambling enterprises recently cut a deal with the NFL Players Association to compensate the Union through a licensing agreement (although the exact terms are not public), and as such (one would hope) the players downstream. I can’t believe the NFL is far behind on this one, as the games have become massively profitable, and I can’t see the owners not wanting a piece of the pie.

Here’s why an NFL player is suing FanDuel

Amidst ongoing scrutiny of daily fantasy sports companies, Washington Redskins wide receiver Pierre Garçon, through his attorney, filed a class action lawsuit against FanDuel on Friday.

There has been a slew of class action lawsuits brought against FanDuel and its competitor DraftKings in the past few weeks, but they have been brought by users of the companies alleging unfair play by insiders. The lawsuits came in the wake of a major scandal over a DraftKings employee who won $250,000 playing on FanDuel.

But Garçon’s lawsuit is different. It’s not about insider play, nor is it concerned with whether daily fantasy sports is gambling, which has been the focus of recent regulatory scrutiny. It’s about player permission, and whether FanDuel illegally uses player names and likenesses. He has filed it “on behalf” of all NFL players, but for now the suit is coming only from Garçon.

According to a statement released by Garçon’s lawyers, the receiver argues that FanDuel, “knowingly and improperly exploits the popularity and performance of Garçon, along with all the other National Football League (“NFL”) players at offensive skilled positions without their authority or a valid license.”

The complaint also addresses FanDuel’s advertising: “Through a comprehensive television advertising campaign… FanDuel routinely uses the names and likenesses of some of these NFL players without authorization to promote FanDuel’s commercial enterprise.”

In other words, the lawsuit addresses two different realms: the product itself (FanDuel’s website and app, where it uses player names and a small photo of each) and the company’s ads. To the former complaint, there is some legal precedent that favors FanDuel, though it was in a different sport: in 2006 a federal judge ruled that fantasy sports leagues can use the names and likenesses of MLB players. The latter may be the stronger argument for Garçon: Last month, DraftKings scored a deal with the NFL Players’ Associationthat allows the company to use any NFL players in its advertisements with or without the player’s individual permission; this is why DraftKings isn’t part of Garçon’s lawsuit.

FanDuel has no such deal. It has not used Garçon’s face in its advertisements (in fact FanDuel has sought to differentiate its advertising from DraftKings by utilizing regular people, not celebrity spokespeople), but it has shown screens with his name listed among other players.

“I am bringing this lawsuit against FanDuel for using my name, image, and likeness in both daily fantasy contests and through advertising on TV ads and infomercials,” Garçon said in a statement. But as Twitter users were quick to point out on Friday, the suit represents a change of heart by the receiver, who repeatedly shilled for FanDuel in the past, up until one year ago.


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Posted by on November 1, 2015 in Great American Rip-Off


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Prepay for Breakfast?

Besides the obvious racism…Somebody needs an education on what you can and cannot do. Might save this small franchise company a lot of money. This is quite simply a) stupid management at it’s worst, or b) a failure by the management of the chain to recognize risk. You train your employees to do things like put down a mat by the door, and even the little yellow cones to mitigate the chance of customers falling (and suing), and costing the company tens, if not hundreds of thousands of dollar of money…

Racism also costs money which also hurts the bottom line.

Black man says Washington restaurant made him prepay for breakfast — but not white customers

A Black man says he was asked to prepay for his meal at a Washington restaurant — even though white customers were allowed to pay after they had finished eating.

Brian Eason filed a discrimination lawsuit Tuesday against Elmer’s Restaurants and the franchise’s parent company, Karsan, Inc., reported The Oregonian.

The 44-year-old Eason, a Multnomah County, Oregon, sheriff’s deputy and real estate agent, said he went Dec. 16, 2014, to the Vancouver restaurant and ordered breakfast — and the waitress told him he must pay for his food before she would serve him.

“I was kind of curious about it and said, ‘Well, is that new?’ And she said ‘Yes, we had a few walk-aways and my boss asked me to ask for prepayment,” Eason told the newspaper.

Eason said he thought nothing of the request until he ordered another drink and the waitress asked him again to pay first, and he told the woman that he considered the policy “kind of odd.”

“She said, ‘I think it’s discrimination and my boss is here, and she’s forcing me to have me do this,’” Eason said.

He said the waitress was apologetic, and he actually felt bad for her and gave her a big tip and one of the $10 Starbucks gift cards he planned to send to clients.

Eason left the restaurant, but he was troubled by the experience and returned about a half hour later and asked a white couple dining at Elmer’s whether they had been asked to prepay.

The couple said they hadn’t.

Eason asked the pair for their names and phone numbers, which they shared.

He wasn’t sure what he planned to do about the experience, but he couldn’t sleep that night and his family encouraged him to take action, the newspaper reported.

Eason eventually filed a lawsuit in Multnomah County Circuit Court seeking $100,000 in damages for his “feelings of racial stigmatization.”

A spokeswoman for the Elmer’s restaurant chain, which was founded in 1960 and has 25 restaurants in four states, said the company was investigating Eason’s claims.

“At Elmer’s, we are proud to provide a welcoming guest experience to everyone in the communities we serve,” said Jill Ramos, director of restaurant support. “We are disappointed to hear about the complaint which occurred at one of our franchise-operated restaurants.”

Eason said the experience still bothered him.

“My office is right down the street there,” Eason said. “It’s a constant reminder of ‘they don’t want me in there.’”

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Posted by on October 29, 2015 in The New Jim Crow


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Highway Robbery…And Debtors Prison

One of the problems with the Great White Wing Tax Giveaway is the municipalities are increasingly strapped for cash to pay for basic services. Heaven forbid that the very clowns who voted to cut taxes to the point their jurisdictions are insolvent (Louisiana and Kansas to mention a few states whose Republican Governors and legislatures have led them down that desolate garden path), pay any of the costs.As such, along with other failed draconian measures like requiring that Welfare recipients be Drug Tested (In Tennessee, Out of more than 16,000 applicants from the beginning of July through the end of 2014, just 37 tested positive for illegal drug use, meaning only .2% – which is mirrored by results in other White Right states), the concept supported by the White Wingers has been to shift the tax burden onto the poor through increasingly punitive and regressive measures…

Never mind those poor folks wouldn’t be poor if they could afford to pay the bill in the first place, or that the State has become the singular major hurdle for most of these folks to build any sort of financial nest egg to escape poverty.

In most Reprobate run states, this takes the form of massively escalating fines and penalties for civic and traffic fines. Can’t pay your $100 in Car/property tax on time? Well you now owe $300.

Got a Parking Ticket? They used to be $20…Now they are $100. And in the case of one municipality near where I live, they jacked them to $300, until the local businesses complained about the drop in revenue from shoppers who chose to shop elsewhere rather than risk the Meter Nazis. In any event, that Parking Ticket, now $50 – just doubled or tripled if you can’t pay the fine. As extreme, but not uncommon as the situation in Ferguson, Mo, as described in the Ferguson Commission Report, the poor are the overwhelming victims of these punitive measures. Measure which further erode the public trust.

Biloxi, Mississippi, apparently yearning for the long gone days of real slavery – takes it a step further by jailing debtors.

Meaning they have now just lost their $8.00 an hour jobs, putting them further in the hole.

One of the reasons for the American Revolution was just this kind of shit.

Qumotria Kennedy, 36, stands at the baseball field in downtown Biloxi where she works as a contract maintenance employee, making just $10 an hour one to two days per week.


A poor single mother seeks justice against Biloxi after she was imprisoned for not paying $400 in court fees, a practice that systematically criminalizes poverty

Qumotria Kennedy, a 36-year-old single mother with teenage kids from Biloxi,Mississippi, was driving around the city with a friend in July when they were pulled over by police for allegedly running a stop sign. Though Kennedy was the passenger, her name was put through a police database that flashed up a warrant for her arrest on charges that she failed to pay $400 in court fines.

The fines were for other traffic violations dating back to 2013. At that time, Kennedy says she told her probation officers – a private company called Judicial Corrections Services Inc (JCS) – that she was so poor there was no way she could find the money.

She worked as a cleaner at the baseball field in downtown Biloxi, earning less than $9,000 a year – well below the federal poverty level for a single person, let alone a mother of two dependent children. Her plea fell on deaf ears: a JCS official told her that unless she paid her fines in full, as well as a $40 monthly fee to JCS for the privilege of having them as her probation officers, she would go to jail – an arrest warrant was duly secured to that effect through the Biloxi municipal court.

Nor was Kennedy’s inability to pay her fines as a result of poverty taken into account by the police officer when he stopped her in July, she said. Discovering the arrest warrant, he promptly put her in handcuffs and took her to a Gulfport jail.

There she was told that unless she came up with all the money – by now the figure had bloated as a result of JCS’s monthly fees to $1,000 – she would stay in jail. And so she did. Kennedy spent the next five days and nights in a holding cell.

“It was filthy,” she told the Guardian. “The toilet wasn’t working, there was no hot water and I was put in the cell with a woman who had stabbed her husband, so I was scared the entire time. For the first three days, they wouldn’t even let me tell my kids where I was.”

Kennedy is the lead plaintiff in a class action lawsuit lodged on Wednesday with a federal district court in Gulfport against the city of Biloxi, its police department, the municipal court system and the private probation company JCS. The filing, drawn up by the American Civil Liberties Union (ACLU), claims that the agencies collectively conspired to create a modern form of debtors’ prison as a ruse to extract cash from those least able to afford it – the city’s poor.

In a statement, the city of Biloxi said it had not yet seen the lawsuit but insisted that it treated all defendants fairly. “We believe the ACLU is mistaken about the process in Biloxi,” the city said. “The court has used community service in cases where defendants are unable to pay their fines.”

A request for comment from the Guardian to JCS was not immediately answered.

Kennedy v City of Biloxi discloses that between September 2014 and March this year, at least 415 people were put in jail under warrants charging them with failure to pay fines owed to the city. According to court records, none of these 415 people had the money available when they were locked up.

Nusrat Choudhury, an ACLU attorney involved in the lawsuit, called the Biloxi system “a debtors’ prison from the dark ages”. She said that people were being “arrested at traffic stops and in their homes, taken to jail and subjected to a jailhouse shakedown. They are told that unless they pay the full amount they will stay inside for days”.

That’s not just an idle threat. One of the plaintiffs in Kennedy v City of Biloxi, a 51-year-old homeless man named Richard Tillery, spent 30 days in jail for failure to pay fines for misdemeanors that mainly related to his homelessness and poverty. Another of the plaintiffs, Joseph Anderson, 52, who was physically disabled having had four heart attacks, was handcuffed in front of his girlfriend and her son and put in jail for seven nights for failure to pay a $170 police ticket for speeding.

Debtors’ prisons were abolished in the United States almost two centuries ago. The informal practice of incarcerating people who cannot pay fines or fees was also explicitly outlawed by the US supreme court in 1983 in a ruling that stated that to punish an individual for their poverty was a violation of the 14th amendment of the US constitution that ensures equal protection under the law.

In that judgment, the nation’s highest court ordered all authorities across the country to consider an individual’s ability to pay before jailing them or sentencing them to terms of imprisonment. Yet the plaintiffs in the Biloxi lawsuit all found themselves carted straight to jail without any prior legal hearing and with no representation by a lawyer – a fast-tracking to detention that the complaint argues is a flagrant abuse of the supreme court’s ruling, now more than 30 years old.

The pattern of judicial behavior outlined in Kennedy v City of Biloxi is replicated throughout the US as local authorities seeking new revenue sources jail their poor citizens, allegedly as a way of intimidating them to hand over money they do not have. In 2010, the ACLU exposed similar practices they say are akin to modern-day debtors’ prisons in Georgia, Louisiana, Michigan, Ohio and Washington. Lawsuits have followed, with Georgia and Washington both being sued this year.

At its most extreme, the incarceration of poor debtors can cost them their lives. Last month David Stojcevski, 32, died in a Detroit jail 16 days into a 30-day sentence for failing to pay a $772 fine for careless driving – a sum which he could not afford, his family said. Ray Staten died in 2011 in the same Gulfport jail in which Qumotria Kennedy was held five days after he was locked up for failure to pay a $409 court fine.

There is no nationwide database of the syndrome of pay-or-stay incarceration, but Choudhury said that anecdotal evidence pointed to a growth in the practice in recent years. “We see cities relying increasingly on court fines and fees as a way of generating revenue.”

In Biloxi, a town of 44,000, the amount of money raised is disclosed in the budget of the city’s municipal court general fund. In the 2014-15 budget it was $1.27m; in the 2015-2016 budget it had risen to $1.45m.

Yet census data from the American Community Survey shows that the percentage of the city’s population that lives below the federal poverty level doubled between 2009 and 2013, from 13% to 28%.

That makes people like Qumotria Kennedy increasingly vulnerable to the trap set for them – pay up or go to jail. As a result of her jail time in July, she lost her job at the MGM Park baseball fields having failed to turn up for work and currently she only gets one or two days cleaning a week.

A judge at the municipal court placed her on 12 months’ probation under a new private company – JCS having ceased to operate in Mississippi – and she is still clocking up an additional $40 a month in fees owing to them. Her current burden to the city, rising with every month that passes, stands at $1,251; unless she can find a new, well-paying job and begin to pay off the fines soon, she faces a return to the holding cell.

“The probation person told me if I don’t pay it, I will be arrested again sooner or later,” Kennedy said. “I don’t believe this is right. I just hope other people in the world don’t get treated like I have.”


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Man Sues Park Service After a Pine Cone Fall on HIs Head

In California, the COulter PIne is known to produce extremely large Pine Cones, which can weigh on the order of 8+ lbs. Needless to say, much like tropical areas where the logical avoid standing under Coconut trees – most smart folks stay away from standing (or sleeping) under a Coulter. Some years ago I acquired one of these as a fall decoration. They truly are massive.

Like most Pine Trees, the cones only fall at a certain time of the year, and typically when laying down looking up at a football sized Pine Cone swawing in the wind, the logical would consider relocation…

Or a Hard Hat.

Man Sues After 16 lb Pine Cone Falls on His Head

His attorney claims that the man deserves $5 million for the brain damage suffered from the seed pod.

A Navy veteran is suing after a giant pine cone allegedly fell on his head, causing brain damage in San Francisco.

Sean Mace was napping and reading underneath a pine tree at the San Francisco Maritime National Historic Park when the 16-pound pine cone fell, according to the San Francisco Chronicle.

Now, Mace is suing the US government, the National Park Service, the Department of the Interior and San Francisco Maritime National Historic Park for $5 million in damages.

His attorney says that Mace has an irreversible brain injury, for which he has undergone two surgeries and will require a third.

The grove with the tree in question has been fenced off and officials have added signs warning “Danger: Giant seed pod falling from tree.”

Not sure how you operate on something that was empty in the first place…

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Posted by on October 14, 2015 in American Greed


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WiFi Disease!

The newest Industrial Disease appears to be folks who believe they are affected by Wifi waves…

Now, never mind the output power of WiFi devices is typically 100 Milliwatts, or about 1100 times less than the 11 watts your cell phone is capable of putting out, and depending on which of the PCS frequencies it is using – near the same 2 MHz frequency range…

And I have yet to see anyone put their WiFi router up to their ear so they can hear it.

Parents Sue School Over Son’s ‘WiFi Allergy’

A Massachusetts family is suing their son’s school because, they say, he has a condition called electromagnetic hypersensitivity. The thing making him sick, they claim? The school’s WiFi.

In the spring of 2013, a young boy at a prestigious Massachusetts grade school began coming home with headaches, itchy skin, and a rash. It was a mild start to a mystery illness that would later bring serious symptoms—prompting his parents to sue the school over what, they believe, is making him ill: WiFi.

According to the 45-page complaint filed this summer, G’s* symptoms always emerged during school hours, then slowly disappeared once he got home. On weekends and holidays, they were all but nonexistent; but as soon as he’d get back in the classroom, they would return. In 2014, they started to get worse. Headaches and itchy skin gave way to nosebleeds, dizziness, heart palpitations, and nausea.

When his condition stumped doctors, his parents “commenced research” of their own. According to the complaint, The Fay School, where G had been a student since 2009, had installed a stronger wireless Internet service in the spring of 2013—the same time he showed symptoms. After linking the two, his mother concluded that he had “electromagnetic hypersensitivity (EHS),” a host of symptoms allegedly caused by exposure to electromagnetic fields. Fay’s sophisticated WiFi system, she decided, was making him sick.

G’s parents say Fay should switch to Ethernet or find a way to lower emissions in order to accommodate his EHS, which they argue is a disability. The case is unprecedented, not simply because two parents are suing a school over WiFi, but that the condition at the crux of their case (EHS) remains, largely, a mystery. The decision has implications not just for New England schools’ Internet procedures, but the rest of America’s too.

Uri Geller’s Tooth Radio Patent. Figure 1 Puharich tooth radio receiver. Signals are received by the gold filling, converted to electric signals in the audio frequency range by the rectifier crystal, and imparted directly to the nerve endings of the live tooth. Drawing from US Patent 2 995 663


EHS is an enigma, a condition that’s as controversial as it is vague. Many who suffer from it are self-diagnosed. Those that claim to have it exhibit a range of symptoms such as nausea, vomiting, rash, heart palpitations, digestive disturbances, and fatigue—all of which they attribute to electromagnetic fields.

The World Health Organization (WHO) has a “factpage” on its website that says, while EHS is not a “medical diagnosis,” that the symptoms are “certainly real,” and can cause people to “cease work and change their entire lifestyle.” Indeed, there have been stories worldwide of those with EHS being forced to retreat from society all together—like an Iowa woman whose husbandbuilt her a WiFi-free “cage” to live in in West Virginia.

Overall, scientists don’t dispute that the symptoms are present. When patients who claim to have EHS are aware they are being exposed to EHS, they often do present negative reactions like the ones described above. Alone, those could be seen as proof that the condition is real. But in subsequent studies, when the patients are not told whether or not they are being exposed, the reaction is not the same.

In a 2010 paper published in the journal Bioelectromagnetics, Dr. James Rubin performed a systematic review of 46 different blind or double blind studies on 1,175 individuals who self-diagnosed as having EHS. He found “no evidence” that exposure to electromagnetic fields alone was the cause. Instead, due to similar reactions that occurred when participants thought they were being exposed but were not, he hypothesizes that the problem may be more closely aligned with mental health. “As sham exposure was sufficient to trigger severe symptoms in some participants, psychological factors may have an important role in causing this condition,” he writes.

In a February piece for The Guardian, Rubin attributes the symptoms to the “nocebo effect,” or the “tendency for people to feel unwell when they think they have been exposed to something hazardous.” For EHS he says that “believing that you are being exposed to electromagnetic fields (EMF)” is harmful, not the exposure itself. He blames this, in part, on the media, for perpetuating theories about EMF that have not been confirmed by science.…More…

Oh…For the days folks only heard radio through their fillings

The Mythbusters did a show on this.

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Posted by on September 14, 2015 in Nawwwwww!


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Black Couple Threatened And Harassed by Neighbor …Sues

Family moves into house. Neighbor subjects them to slurs and racist threats. Neighbor threatens them with a gun…

Neighbor resists arrest by Police, and is charged with a Misdemeanor…

Special laws for “special” people?

Gregory and Sophia Bonds

Black couple uses housing law to sue over slurs, threats

Citing a sliver of civil rights-era legislation more commonly used as protection against discriminatory landlords, a black couple is suing their former neighbor and a north Georgia city they say failed to stop him from harassing them.

Gregory and Sophia Bonds say the slurs and threats began the day they moved into the brick ranch rental home in a well-kept neighborhood in Gainesville, northeast of Atlanta, back in February 2012.

Roy Turner Jr., the white neighbor who worked for the city’s solid waste department, verbally assaulted them whenever he saw them outside, including sometimes while he was working, the couple contends. He also sometimes walked and made sounds like an ape when he saw them, the Bonds family asserts in a lawsuit filed last month against Turner and the city.

Turner told The Associated Press he wasn’t aware of the lawsuit but that he never threatened anyone.

“I said ‘porch monkey,'” he said with a chuckle. “That’s just a joking-around term.”

Gainesville Mayor Danny Dunagan said he couldn’t comment on pending litigation.

The lawsuit details more than a dozen specific instances of alleged harassment. Gregory Bonds said the final straw came in May: The family had company and Turner came out into his yard with a baseball bat and began hitting a tree aggressively and yelling more slurs. The family moved the next month.

They cite a provision of the federal Fair Housing Act of 1968 and a nearly identical section of Georgia law that says it’s illegal to coerce, intimidate, threaten or interfere with someone who is exercising or enjoying any right guaranteed by that law. Conceived to protect against violent actions such as cross burnings, bombs or other physical attacks, it also applies to verbal attacks, said Robert Schwemm, a law professor at the University of Kentucky who has decades of experience with the Fair Housing Act.

“It’s specifically a separate section of the statute that was designed to apply to people who were not housing providers — neighbors and others,” Schwemm said.

That provision isn’t used very often against neighbors in the modern era, Schwemm said. He’s aware of one or two cases a year but said there are likely others he doesn’t hear about.

Schwemm said he’s never heard of a case that sought to hold a municipality accountable for a neighbor’s actions.

Gregory and Sophia Bonds had saved money to move out of an apartment into a house so their three teenage children would have a yard for the first time and would have more space to invite their friends over, their lawyer Ashley Bell said. Turner’s behavior violated fair housing statutes that bar discrimination on the basis of a variety of factors when people are renting, buying or seeking financing for housing, the lawsuit says.

The city’s knowledge of Turner’s actions, many of which occurred while he was a city employee, and its failure to curb them make it liable for them, the family argues. Roy Turner Mug Shot

City records show some steps were taken against Turner, but the Bonds family says it wasn’t enough.

Sophia Bonds first called police in March 2012, about a month after they moved in, and told an officer Turner regularly hurled racial slurs at them. She said she was afraid of him, according to a police report. Turner told the officer he wouldn’t use words like that because he was a city employee, the report says.

A month later, on April 19, 2012, Turner and Gregory Bonds exchanged words outside before Turner went into his house and reappeared at his back door with a loaded rifle that he pointed at Gregory Bonds, the couple told police.

After a standoff lasting several hours, officers entered the home and forcibly removed Turner, using a stun gun on him when he refused to obey their commands, police reports say.

Turner pleaded guilty a month later to a misdemeanor disorderly conduct charge. The judge ordered him to pay a $200 fine and to serve 12 months on probation with extra conditions: no violence or insults toward the Bonds family, no weapons on his property and no drinking or possessing hard liquor.

The Bonds family was frustrated that Turner only faced a misdemeanor charge, said Bell, their lawyer. Hall County Solicitor General Stephanie Woodard, whose office prosecuted Turner, said she understood that frustration.

“I was greatly outraged at the behavior that Roy Turner exhibited and at the behavior that this family and their children endured,” she said, adding that her office can only prosecute misdemeanors and the district attorney had declined to bring felony charges.

Turner was in a car crash in the 1970s that left him with a traumatic brain injury that caused mental impairment and altered his behavior, said Dunagan, the mayor, who grew up with Turner and said he never knew him to be violent. A group of friends watches out for Turner and helps him live as independently as possible, two of them told Woodard before Turner’s sentencing.

Woodard detected some cognitive disconnect when speaking to Turner, but she said she still believed Turner was capable of controlling himself.

Woodard said she believes the city’s police handled him properly, sending in a SWAT team and using force to arrest him.

Turner landed back in court for probation violations several times. After his probation officer said Turner continued to insult the Bonds family, the judge ordered him not to drink or possess any alcohol, to submit to random alcohol testing, to allow police to enter his home randomly to make sure there were no guns and to have no contact with the Bonds family, court records show.

Turner had worked for the city’s solid waste department since October 1992. In recent years, he worked as a garbage collector and had a string of run-ins with customers and co-workers, according to city personnel records. There’s a record in his personnel file of a call from Sophia Bonds a few days after his arrest asking that Turner not work the route that included her house.

The city suspended him following his arrest in April 2012. After he was sentenced to probation, he was allowed to return to work but was warned not to have arguments or to use derogatory language.

After numerous confrontations with co-workers and the public, Turner was fired Oct. 23.


Posted by on September 7, 2015 in Domestic terrorism


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Faux News Bimbo vs the Hasbro Hamster

The controversy! See the similarity?

Other than one has a head filled with plastic nuts, and the other with fecal material…I don’t really see any.

Fox News’ Harris Faulkner sues Hasbro for $5 million over alleged theft of persona and likeness

Deadline Hollywood’s Dominic Patten reports that Fox News contributor and “Outnumbered” co-host Harris Faulkner is suing Hasbro for $5 million for stealing her name and likeness and using them in a “demeaning and insulting” fashion on an adorable hamster in its Littlest Pet Shop line of toys.

Faulkner’s lawyers alerted the toy manufacturer to the problem in January, but the toy remained available on shelves and online well into the summer. (It appears to have been pulled from online retailers as of this writing.) In her 15-page filing, Faulkner’s lawyers contended that “Hasbro’s manufacture, sale, and distribution of the Harris Faulkner Hamster Doll is extremely concerning and distressing to Faulkner.”

“In addition to its prominent and unauthorized use of Faulkner’s name, elements of the Harris Faulkner Hamster Doll also bear a physical resemblance to Faulkner’s traditional professional appearance, in particular tone of its complexion, the shape of its eyes, and the design of its eye makeup,” the filing continued. As to the legitimacy of that claim, it’s worth noting that both Harris Faulkners do in fact have complexions, eyes, and are apparently wearing makeup.

Moreover, Faulkner’s lawyers argued that “Hasbro’s capitalization on Faulkner’s name, likeness, identity, and persona is underscored with the display of the ‘TM’ symbol after her name and a statement on the back of the packaging that this symbol ‘denote[s] U.S. Trademark’ that — falsely — claims that Hasbro owns a United States trademark in ‘Harris Faulkner.’”

Most importantly, Faulkner’s filing revealed that the Fox News personality doesn’t want her brand associated with choking hazards — ironic, given the response many eating lunch while watching “Outnumbered” have had. In short, “[t]his means that Hasbro misappropriated Faulkner’s name, likeness, identity, [and] persona without consent, for its own profit, for the purpose of capitalizing off of her good name and persona, all at Faulkner’s expense.”

Because when you’re shopping for the perfect toy for that hard-to-please child, “Does it bear a resemblance to a daytime Fox News co-host?” is the first question that pops into your head.

There might be one thing…Hasbro probably should have called the toy a rat instead of a Hamster…

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I guess the Muppets better look out, cause Kermit’s new girlfriend does sorta look like that Game of Thrones actress Natalie Dormer…At least until Miss Piggy finds out about the affair!


Posted by on September 2, 2015 in Faux News


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