Connect with us


Read Now: O.J. Law, Back in Court – 101 Latest News



O.J. Law, Back in Court

#Law #Court

This time in a decision by Judge Veronica Barisich (Nev. Dist. Ct. Clark County), handed down in February but just posted on Westlaw; an excerpt:

[16.] There are only few factual disputes. Plaintiff [Malcolm Lavergne] is a Nevada attorney who has represented O.J. Simpson since 2009 regarding his robbery-related convictions, appeal, and Mr. Simpson’s 2017 parole hearing. Plaintiff was not involved in the infamous O.J. Simpson 1995 criminal murder trial in California or the 1997 wrongful death civil trial in California. Defendant Kimberly Goldman is the sister of late Ronald Goldman, one of the victims in Mr. Simpson’s criminal and civil trials, and she produced and co-hosted a podcast entitled “Confronting: O.J. Simpson.” … Defendants Glass Entertainment Group, LLC and SQRL Media, LLC are the media production companies that produce the podcast. Defendant Nancy Glass is a producer, the principal of Glass Entertainment Group and SQRL Media, and co-host of the podcast. Defendant Wondery, Inc. is the podcast distributor.

[17.] Since late 2018, Defendants requested O.J. Simpson’s participation in a documentary, which O.J. Simpson rejected. On June 17, 2019, after the podcast was launched, Ms. Glass directly contacted Plaintiff to solicit O.J. Simpson and Plaintiff to appear on the podcast, which Plaintiff also rejected. Ms. Glass recorded their phone conversation, and Plaintiff purportedly did so as well. The very beginning of the recorded call includes the following back and forth between Plaintiff and Ms. Glass:

Nancy Glass: “Hi Malcolm, this is Nancy Glass, I’m the Executive Producer of Kim Goldman’s podcast… I’m wondering if you would be willing to appear on the podcast, to call into the podcast… well, first of all, can I record this call?

Plaintiff: “Yeah, I’m going to record it too.”

Although Plaintiff has suggested that he did not consent to the recording of the telephone call, this allegation is contradicted by the evidence presented, and Plaintiff failed to cogently challenge the authenticity of the recording.

[18.] On July 10, 2019, Defendants released a podcast that contained almost the entirety of the recorded phone conversation, excluding Ms. Glass’ conversation with the Plaintiff’s receptionist and the period while Ms. Glass was on hold. The title of the podcast was “Get Over It.” The podcast was downloaded almost 500,000 times. Defendants do not dispute that Plaintiff never used the phrase “Get Over It” during the phone conversation regarding Ms. Goldman and her family. Plaintiff claims that the title of the podcast placed him in false light and that the podcast is still being distributed without his consent by Defendants. He also claims that he never called Ms. Goldman a “piece of shit.”

[19.] Plaintiff does not dispute that he publicly criticized Ms. Goldman and her family before, and after, the release of the podcast episode. In a Newsweek article, published November 24, 2017, the article quoted Plaintiff’s public tweets, wherein Plaintiff called Ms. Goldman and her family “professional, public figure, victims” and “bullies” and called Ms. Goldman’s father a “Plantation Master.” Plaintiff again publicly tweeted on June 16, 2019 that Ms. Goldman is a “professional victim,” “POS” (a common abbreviation for the phrase “piece of shit”), “disturbed,” that Ms. Goldman’s family are “greedy,” “professional victims,” only seeking “publicity and profit,” and “hypocrites.” On June 17, 2019, the Daily Mail published an article citing these tweets by Plaintiff. The article also noted that Plaintiff wrote several Twitter posts urging Ms. Goldman to “Move On.” On July 17, 2019, Plaintiff appeared on another podcast, The Kirk Minihane Show, and stated that Ms. Goldman and her family need to “move on.” On August 18, 2019, Plaintiff again publicly tweeted, describing Goldman and her family as “greedy,” “hypocrites,” and that they need to “move on.” …

The court concluded that plaintiff’s libel, false light, and right of publicity lawsuit were meritless and thus should be dismissed under Nevada’s anti-SLAPP statute (and later ordered plaintiff to pay $100K in defendants’ attorney fees and costs):

[21.] Defendants showed by a preponderance of the evidence that Plaintiff’s claims are based upon a good faith communication in furtherance of free speech in connection with an issue of public concern….

[22.] At a minimum, Plaintiff is a limited purpose public figure. Plaintiff voluntarily injected or thrusted himself into a particular controversy or public concern and thereby became a public figure for a limited range of issues. Plaintiff chose to make public tweets posting disparaging remarks and thoughts about Ms. Goldman and her family and gave interviews in various media outlets before, and after, the subject podcast episode aired. This further reinforces the fact that the telephone recording was on a matter of public interest.

[23.] The main argument that Plaintiff makes in this case is that the title of the podcast episode, “Get Over It,” is misleading. However, the determinative question is whether the gist or sting of the statement is true under Rosen. There is no dispute that Plaintiff publicly urged Ms. Goldman and her family to “move on” before and after the podcast episode was released. Although the phrases may convey a slightly different idea, the phrase “get over it” definitely meets the gist or sting test as set forth in Rosen and Taylor. Likewise, POS is both synonymous and a common abbreviation for the phrase, “piece of shit,” and thus the podcast’s suggest that Plaintiff called Ms. Goldman a “piece of shit” meets the same gist or sting test. Further, despite claiming to have not called Ms. Goldman a “piece of shit,” Plaintiff did not dispute that during his appearance on The Kirk Minihane Show, the following colloquy took place:

Kirk Minihane: “You called her [Ms. Goldman] a ‘piece of shit’ in the Daily Mail, correct?”

Plaintiff: “I said ‘POS,’ but yeah, that was on Twitter.

Furthermore, any opinions that Ms. Goldman and/or Ms. Glass may have expressed during the telephone calls and/or podcast episode cannot be deemed false as there is no such thing as a false idea under Abrams….

[25.] Plaintiff undoubtedly has a statutory right of publicity under NRS 597.790(1). However, the exception set forth under NRS 597.790(2)(c) is applicable as the podcast’s use of the telephone conversation between Plaintiff and Ms. Glass clearly constitutes a use “in connection with news, public affairs or sports broadcast or publication.” Plaintiff’s authorization was not required for the use of his name, image, voice or likeness in such circumstances. Thus, Plaintiff cannot make a prima facie case for a claim for violation of Nevada’s Right of Publicity statute….

Congratulations to Colleen E. McCarty, Michael K. Twersky & Michael Beylkin of Fox Rothschild LLP, who represented defendants.


Read Now: Extra Bonus Quote of the Day – 101 Latest News



Quote of the Day

#Extra #Bonus #Quote #Day

“We are not interested in whether the allegations against Vice President Biden are accurate or not.”

— Sen. Chuck Grassley (R-IA), on Fox News.

Continue Reading


Read Now: Sen. Tommy Tuberville's brother rebukes his racist sibling on social media – 101 Latest News



Sen. Tommy Tuberville's brother rebukes his racist sibling on social media

#Sen #Tommy #Tuberville039s #brother #rebukes #racist #sibling #social #media

They say the apple doesn’t fall far from the tree, but apples do often roll in radically different directions: some end up in a rich and piquant Bavarian torte and others land in a McDonald’s pie that tastes like moist cardboard and appears destined for the quaggy, cankerous bowels of Donald John Trump. 

Similarly, siblings are often at opposite poles politically—and in numerous other ways. And these differences appear particularly stark when one sibling is a U.S. senator who continues to burnish his racist bona fides under the klieg lights of media scrutiny and the other is, well, not.

Such is the case with Alabama Sen. Tommy Tuberville and his brother Charles. Charles Tuberville, a Tulsa, Oklahoma-based singer, songwriter, and guitarist who’s played with notables such as B.B. King and Delbert McClinton, has taken note of Tommy’s frequent racist dog-whistling/vituperative vuvuzela-ing and is calling him out over his pig-ignorant comments.

RELATED STORY: Sen. Tuberville makes openly racist remarks on Don Jr.’s web show

The brother of U.S. Senator Tommy Tuberville is speaking out on social media, saying he is “compelled to distance” himself from some of the lawmaker’s recent statements.

“Due to recent statements by him promoting racial stereotypes, white nationalism and other various controversial topics, I feel compelled to distance myself from his ignorant, hateful rants,” Charles Tuberville stated in a Facebook post.

“What I’m trying to say is that, I DO NOT agree with any of the vile rhetoric coming out of his mouth. Please don’t confuse my brother with me. Thanks, Charles Tuberville.”

Okay, so brothers often fight. That’s typical—and not really a big deal. And how bad can Sen. Tuberville’s public comments really be, huh? Well, we’ve researched this, and we now have an answer—and that answer is, “pretty fucking bad.”

For instance, in an interview last week on Donald Trump Jr.’s streaming show “Triggered,” Tuberville wondered aloud if teachers in the inner cities can even read. Because, you know, some sitting U.S. senators can barely read, and look how much they get paid for doing essentially nothing.

“The COVID really brought it out about how bad our schools are and how bad our teachers are, in the inner city. Most of them in the inner city, I don’t know how they got degrees,” Tuberville said. “I don’t know whether they can read and write. … And they want a raise. They want less time to work, less time in school. It’s just, we’ve ruined work ethic in this country. We don’t work at it anymore. We push an easy life.”

Yeah, imagine a country where a football coach who doesn’t know what the three branches of government are can just plop his ignorant ass into a U.S. Senate seat because he was endorsed by a shitty reality show host who spends the bulk of his morning tweeting obscenities on the toilet. That’s an education crisis of Brobdingnagian proportions. Also, if you’re trying to make a point about pervasive failures in our education system, maybe don’t start sentences with “The COVID.”

Of course, this isn’t the first time Tuberville has worn his racism on his sleeve. For instance, earlier this month, when asked if white nationalists should be allowed to serve in the military, he said, in reference to the Biden administration, “They call them that. I call them Americans.”

He then went on to elaborate, because why stop when you’re on a roll? “We are losing in the military so fast. Our readiness in terms of recruitment. And why? I’ll tell you why, because the Democrats are attacking our military, saying we need to get out the white extremists, the white nationalists, people that don’t believe in our agenda, as Joe Biden’s agenda. They’re destroying it.”

Yeah, I don’t know about you, but I really doubt that white nationalism makes our military stronger. How’s Vladimir Putin’s anti-woke army doing these days? 

And last October, in the run-up to the midterm elections, Tuberville had this to say of slavery reparations: “They’re not soft on crime,” Tuberville said in reference to Democrats. “They’re pro-crime. They want crime. They want crime because they want to take over what you got. They want to control what you have. They want reparation because they think the people that do the crime are owed that.”

Whoopsie. Looks like Tommy forgot his racist dogwhistle and was forced to trot out his Aryan airhorn. 

Many of us can sympathize with Charles, of course. Too many of us struggle to cope when family members—ignoring a coup attempt, bushels full of racism, overt mafia tactics, and literal calls to suspend the Constitution—go gaga each year over the return of their pumpkin-spiced Gotti

But imagine if your name were dragged through the mud on a daily basis like Charles’ is. You’d want to speak up, too. Thanks for letting us know what a shitheel your brother is, Charles. We get it. Oh, do we ever. But it’s nice to know not everyone in the Tuberville clan is quite as Klannish as Tommy.

Check out Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, including the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, if you prefer a test drive, you can download the epilogue to Goodbye, Asshat for the low, low price of FREE.   

Continue Reading


Read Now: Karen Ocasio-Cortez: AOC Fumes Over Parody Account, Is Immediately Mocked – 101 Latest News



Karen Ocasio-Cortez: AOC Fumes Over Parody Account, Is Immediately Mocked

#Karen #OcasioCortez #AOC #Fumes #Parody #Account #Immediately #Mocked

Representative Alexandria Ocasio-Cortez (AOC) felt the need to have a meltdown over a Twitter feed serving as a parody account of the congresswoman. Despite the fact that it is clearly labeled “parody,” the far-left socialist demanded action be taken.

She tweeted about the account on Tuesday, advising her followers that the policy statements released by the parody account are “false” and that she and her crack staff of cybersleuths are “assessing” how to move forward.

“FYI there’s a fake account on here impersonating me and going viral. The Twitter CEO has engaged it, boosting visibility,” she claimed. “It is releasing false policy statements and gaining spread.”

“I am assessing with my team how to move forward. In the meantime, be careful of what you see.”

The only thing missing from AOC’s statement is the word ‘Ackchyually’ and an admission that her real name is Karen. It’s also worth noting that the only reason she’d feel compelled to tell followers about a parody account they probably hadn’t heard of prior to this is because the parody looks an awful lot like reality.

RELATED: AOC Exposed: TPI’s Rusty Weiss Cracks Open Her False Claims After She Smack Talks Elon Musk

AOC Mocked For Calling Out Parody Account

The parody account operating in such stealth that AOC felt the need to warn her followers has the following handle: “Alexandria Ocasio-Cortez Press Release (parody).”

The account also has a short bio: “Saying the quiet part out loud. (parody).”

It has a blue check which indicates they are a subscriber, while AOC’s actual Twitter profile has a gray checkmark which indicates it is a verified government account.

Aside from labeling itself a “parody” twice and having different checkmarks, how is the average Ocasio-Cortez fan supposed to tell the difference? It’s a mystery …

AOC was mocked mercilessly by Twitter users who posted their own version of her tweet calling out the parody account.

Others pointed out that, being clearly labeled a ‘parody’ account, the AOC imposter is not violating Twitter’s terms of service and there isn’t much the devout socialist can do about it.

And others noted that maybe the problem isn’t the parody account itself, maybe it’s the congresswoman who constantly sounds like a parody.

But perhaps the best digs came from the parody account itself, as they continued to pummel her with comical tweets.

“I can’t believe people would think these parody tweets are from our office when they are clearly fake,” they wrote. “Come on y’all you know I would never say something as stupid as that.”

“FYI … I have no problem with parody accounts – just the ones that make fun of me,” they also tweeted.

RELATED: Elon Musk Nukes AOC for Complaining About Having to Pay $8/Month for ‘Blue Check’ Status

Elon Musk Engaged

AOC’s rage over Elon Musk engaging with the parody account stems from a tweet on Monday in which they parodied the fake romance between her and the Twitter chief.

This might be the wine talking, but I’ve got a crush on @elonmusk,” they wrote.

Musk replied with a fire emoji.

That fire emoji tweet from Musk earned 1.8 million views. AOC calling out the parody account thus far has 29.6 million views.

Ironically, she did more to amplify the account than Musk did. By far. It’s the Streisand Effect.

Elon Musk and Ocasio-Cortez have been engaged in a Twitter spat for some time. It’s been a classic story of a cat and mouse romance – she, an impressionable former bartender with the intellectual heft of a pre-teen, he a shy billionaire.

AOC even sent a playful public message to Musk suggesting he had censored her on Twitter, all while dining on some lip-smacking good chicken nuggets.

Oh, that sultry vixen.

Musk has been ever the gentleman, even suggesting the couple go Dutch on their social media dates.

The parody account added another tweet which was semi-believable making it quite an effective piece of work.

“After brainstorming with my staff – I’m going to push Congress to make it illegal to joke, laugh, or make fun of me,” they wrote. “Parody should be illegal.”

Sounds real, doesn’t it?

Now is the time to support and share the sources you trust.
The Political Insider ranks #3 on Feedspot’s “100 Best Political Blogs and Websites.”

Continue Reading