Posts Tagged ‘Lawsuit’

Texas AG Paxton Sues Google (Again)

Tuesday, January 25th, 2022

Texas Attorney General Ken Paxton is suing Google again, this time over location tracking.

Texas Attorney General Ken Paxton has sued Google for harvesting the location data of its users, claiming the practice violates the Texas Deceptive Trade Practices Act (TDTPA).

“This most recent Google lawsuit argues that the company misled Texas consumers by continuing to track their personal location even when the user thought he or she had disabled it from doing so. Google then uses the deceptively gathered data to push advertisements to the consumer, earning the Big Tech company enormous profits,” Paxton’s office stated in a press release issued Monday morning.

The Texas Deceptive Trade Practices Act is a law that requires businesses in Texas to truthfully represent their products and ownership to consumers. By misleadingly implying to users that they can stop location tracking, Paxton claims Google violated the section of the law that bans businesses from withholding information that might prevent consumers from using their product.

“Google has systematically misled, deceived, and withheld material facts from users in Texas about how their location is tracked and used and how to stop Google from monetizing their movements,” the lawsuit claims.

“[While] many Texans may reasonably believe they have disabled the tracking of their location, the reality is that Google has been hard at work behind the scenes logging their movements in a data store Google calls ‘Footprints.’ But while footprints generally fade, Google ensures that the location information it stores about Texans is not so easily erased.”

The lawsuit claims that the sheer prevalence of Google technology makes the company’s data collection all the more effective, complete, and specific. Paxton argues that location data alone allows the company to create a “unique mosaic” of each user with information like health status and religious affiliation inferred from travel habits.

This is a good time to remind you that if Google or Facebook has your email address or phone number (and they do), they have all your personal information and can track you no matter how many cookies or location tracking controls you turn off. And it’s not just them: Any of their advertising partners that has your email or phone number can link you to your Google and/or Facebook profile. So any time you enter your email to, say, use Wi-Fi at a venue, it’s a good bet they automatically have access to all the ad profile information Google and Facebook have gathered on you. And I suspect this information is tied to your phone in various ways, cookies or no cookies.

Lawsuit Filed Over Austin’s Refusal To Enforce Homeless Camping Ban

Thursday, August 26th, 2021

Since the City of Austin is still refusing to enforce the will of voters when it comes to clearing out illegal camps of drug-addicted transients, Save Austin Now and several business owners have filed lawsuits against the city:

Two lawsuits were filed in Travis County District Court this week alleging that the City of Austin has failed to enforce the public camping ban that was reinstated back in May.

Austin voters approved the reinstatement by a wide margin after the activist group Save Austin Now collected 26,000 signatures in 50 days to place it on the ballot. Rather than implement the camping ban immediately, the city council decided to move toward a phased re-enforcement over the course of four months.

The fourth phase, begun earlier this month, was the first during which illegal campers that refused to move could be arrested. At the time of its start, numbers released by the city showed 572 warnings and 24 citations had been issued. No citations have been issued since July 20.

Since Phase 4’s beginning, some larger camps have been cleared out, but tents and encampments remain scattered throughout the city.

“That refusal leaves voters and residents of the City in the same position as they were before the ban was reinstated,” reads the first lawsuit filed by Save Austin Now co-founders Matt Mackowiak and Cleo Petricek.

The other lawsuit — filed by Headspace Salon and Co-op owner Laura North, Balance Dance Studio owner Stuart Dupuy, Dairy Queen franchisee Robert Mayfield, and Buckshot Bar owner Bob Woody — say the city’s actions have “resulted in severe business disruption.”

“[The business owners] have incurred substantial expenses to protect their property, their customers, and their clients,” it adds further.

Those businesses are requesting at most $100,000 in monetary relief along with full enforcement of the ban.

In his legal statement, Mayfield says he’s had to hire off-duty police officers as security for the establishments — to the tune of $72,000 per store per year.

I think Mayfield actually owns more Dairy Queens in the Austin area. But the two stores mentioned in the lawsuit filing are at 8728 North Lamar and 5900 Manor. Says Mayfield:

The problem is bad with homeless coming in to use the rest room and nothing more, hanging around the parking lot bothering customers, asking for money, and making DQ not a desirable place to visit. We have to run them off or real customers would not come in to the store. We have had customers harassed while in line at the drive up window.

Perhaps worst of all, it is costing us in the neighborhood of 572,000 per year, PER STORE, paid to off duty police, to keep these stores clean and inviting so that customers will visit us. Having off duty police has helped us a lot and sales are good, but at a cost that we should not have to bear. Try swallowing $140,000 per year and see what it does.

Perhaps people upset with the Austin City Council’s refusal to enforce the camping ban can organize a buycott of his Dairy Queens.

Youth Dance studio owner Stuart Dupuy had this to say about the huge problems caused by Austin’s refusal to enforce the law:

On our security cameras, we started seeing more people come up to our building at night. Someone broke through the roof, stole the cash register, and smashed the glass door on their way out. Someone stole a catalytic converter from one of our vans. We’ve been broken into three times in the past 18 months. At least once a week, we now see people park in our parking lot, and we watch a constant stream of people come up to their car from the Greenbelt or from under the overpass.

People were bathing in our exterior faucet, between our buildings. We kept putting locks on the faucets, which they would break off. Eventually we just removed the handle completely. One time a lady was bathing, while kids were there, and I asked her to leave and she started screaming at me telling me that I was going to go to Hell.

These people, ordinary Austin taxpayers and business owners, don’t seem to figure in City Council decisions at all. Only the drug-addicted transients, and the left-wing activists of the Homeless Industrial Complex who profit off them, seem to count.

One thing about these lawsuits: Discovery is going to be lit

What Can You Do About A Stolen Election?

Thursday, November 5th, 2020

“Who of you by worrying can add a single hour to his life?”

– Matthew 6:27

It’s Thursday morning and the Presidential race is still up in the air. I would probably worry more about it if I hadn’t been suffering from such sleep deprivation last night. So instead, I achieved the sort of zen calm that comes over you after you’ve depleted all those neurotransmitters and neuroeptides necessary for you to worry. And I have other worries ahead of national elections right now.

Are Democrats in the process of stealing the 2020 Presidential race by carrying out massive voter fraud in a few key battleground states?

Some evidence:

Then there’s the county where Biden and Trump numbers were briefly transposed. It’s entirely possible that was just an error.

Obviously, this is going to end up in courts. In fact, legal action is already underway:

  • Supreme Court orders Pennsylvania Democrats to respond in ballot dispute.” “President Trump has moved to intervene in a lawsuit brought by Pennsylvania Republicans, arguing the state’s Democratic Party and Secretary of State violated the law by extending the time for counting mail-in ballots to Nov. 6 at 5 p.m., despite the state legislature setting the deadline as Election Day.”
  • Rudy Giuliani filed another lawsuit over voter fraud in Pennsylvania.
  • There’s a Michigan lawsuit over denial of GOP poll watchers access.
  • In addition to that, the campaign has filed a lawsuit in Georgia, and is demanding a recount in Wisconsin.
  • This post was going to have some insightful commentary on possible paths for various Trump/Biden win/lose scenarios, but I don’t have time to get to it right now. And after 9 hours of sleep, I still feel tired…

    DNC Jumps On Shark, Then Jumps Another Shark

    Saturday, April 21st, 2018

    If the DNC was run by normal people, someone might have gone “Hey, maybe we should back off all this Trump-Russia collusion fantasy.”

    The DNC is not made up of normal people.

    The Washington Post reports that The Democratic National Committee filed a multimillion-dollar lawsuit Friday against the Russian government, the Trump campaign and the WikiLeaks organization alleging a far-reaching conspiracy to disrupt the 2016 campaign and tilt the election to Donald Trump.

    The lawsuit alleges that in addition to the Russian Federation, the General Staff of the Armed Forces of the Russian Federation, Wikileaks and Guccifer 2.0, top Trump campaign officials, including Donald Trump Jr, Roger Stone, Jared Kushner, Paul Manafort and pretty much everyone else who has been mentioned in the same paragraph as Trump….

    ZeroHedge also swipes this swell graphic to make his point:

    This move reeks of desperation. The Mueller campaign is getting nowhere fast, the RNC fundraising numbers continue to set records, while the DNC recently took out another $2 million loan to keep the lights on, despite all the anti-Trump fervor. With the economy humming along, and both job numbers and trumps own poll numbers up, the posited “blue tsunami” in November is looking more and more like a ripple. The lawsuit looks like a last-ditch effort to keep their base fired up until then.

    Just think of all the discovery Donald Trump’s legal team will be able to compel from Hillary Clinton, John Podesta, Debbie Wassermann-Schultz, all the DNC staffers who colluded to screw Bernie Sanders, etc.

    This has all the hallmarks of a publicity stunt that will backfire badly.

    Houston Jury Smacks SEIU With $5.3 Million Award

    Wednesday, September 7th, 2016

    Here’s a rare thing: A union actually being held accountable for breaking the law:

    A Harris County jury on Tuesday awarded a Houston commercial cleaning firm $5.3 million in damages, finding that a labor union’s aggressive organizing campaign went too far when it maligned the reputation of the company. It opens the door for more employers to sue unions over hardball tactics often used in membership drives and contract disputes.

    The jury, by a 10-2 vote, found for Professional Janitorial Service in a suit the company brought nine years ago against the Service Employees International Union, which targeted the company as part of its “Justice for Janitors” organizing campaign and wrongly claimed Professional Janitorial Service had violated wage, overtime and other labor laws.

    The case was the first time that a jury has found against a union in a business defamation or disparagement case, according to a search of legal records by the company’s law firm, AZA of Houston.

    “The jury found what PJS and its employees have known for more than a decade,” Brent Southwell, the company’s chief executive, said in a statement. “The SEIU is a corrupt organization that is rotten to its core.”

    Snip.

    The trial, which lasted four weeks, represented the first time the SEIU, which has nearly 2 million members nationwide, has had to defend its tactics in front to a jury. Other cases, including a federal racketeering lawsuit filed by the international food, maintenance and cleaning company Sodexo in 2011, were settled before they ever got before a jury.

    Empower Texans has more background on SEIU tactics:

    One of the tactics many unions use to access potential members is “salting,” and the SEIU is no exception. Salting is the tactic of sending a union-affiliate to a targeted employer to apply for, and then accept a position working for the company. Since unions are often prohibited from contacting employees at work, salts do it for them.

    Two of the salts used against PJS were Adriana Menchu and Eleanor Parada; both have been reoccurring figures during the SEIU trial.

    The union used Menchu’s name in various campaigns, lawsuits, and fliers. In one flier she was quoted saying, “They don’t give us gloves or masks to clean. I know a woman who brings her own cleaning supplies from home just so she can protect her health.” Which PJS refuted with their longstanding policy prohibiting the use of any outside cleaning agents unless supplied by the company.

    SEIU fliers claimed that PJS failed to pay Menchu for hours worked, but internal union emails contradicted that statement saying that PJS was trying to “buy” Menchu off by giving her a raise. More evidence that they knew the information they were releasing was false.

    One press release read, “Mostly immigrant janitors were instructed to work ‘off-the-clock’ and had pay withheld by the city’s largest locally-based cleaning company, Professional Janitorial Service (PJS), according to a new lawsuit filed today.”

    Never revealing that SEIU was the party behind the lawsuit, or that the union planted the “janitors” they were referring to.

    Parada was another salt frequently used in lawsuits, and was quoted in an SEIU press release about the unfair labor practice suit they filed saying, “We work hard, but PJS thinks they can treat us however they want…That’s why PJS janitors are taking a stand today – so we can have some basic protections.”

    It’s worth noting that until the SEIU came to Houston to unionize janitors PJS had never faced labor violation allegations, had not been investigated by the Department of Labor or National Labor Relations Board, and had not had unfair labor practice lawsuits filed against them. Also, out of the 20 ULPs the union filed against PJS, 19 were dismissed with the last being rectified by simply having the employer post safety signs in the workplace.

    Gawker Found Guilty, Owes Hulk Hogan $115 Million

    Friday, March 18th, 2016

    It couldn’t happen to a nicer “news outlet“:

    A jury sided with ex-pro wrestler Hulk Hogan on Friday and awarded him $115 million in his sex tape lawsuit against Gawker Media.

    The jurors reached the decision Friday evening, less than six hours after they began deliberations. The trial lasted two weeks.

    Earlier Friday, in spirited closing arguments, lawyers for Hogan and Gawker discussed themes of personal life versus celebrity, and freedom of speech versus the right to privacy.

    Hogan, whose given name is Terry Bollea, sued Gawker for $100 million for posting a video of him having sex with his former best friend’s wife. Hogan contended the 2012 post violated his privacy.

    Hogan’s attorneys told jurors this is the core of the case: “Gawker took a secretly recorded sex tape and put it on the Internet.”

    Are there circumstances where a secretly recorded sex tape is of legitimate news interest? Sure! Say, if it’s a President sleeping with his intern, a famous anti-gay crusader having sex with a man, or a Department of Defense official in bed with a member of the KGB. The Hulk Hogan sex tape did not even remotely rise to that level of newsworthiness.

    The problem with Gawker proving an absence of malice is that Gawker is malice all the way down…

    Dewhurst Settles Lawsuit Against Michael Looney

    Wednesday, September 30th, 2015

    Former Lt. Governor David Dewhurst has settled his lawsuit against Houston oilman Michael Looney, who evidently received money embezzled by Dewhurst campaign adviser Kenneth “Buddy” Barfield:

    Former Lt. Gov. David Dewhurst, the once powerful Republican who was bilked by an adviser for at least $2.8 million, has settled a lawsuit against a Houston oilman who used a chunk of the stolen money to invest in a new business.

    The out-of-court settlement ends years of litigation by the three-term ex-lieutenant governor aimed at recouping funds embezzled from two campaign accounts by former adviser Kenneth “Buddy” Barfield, a Dewhurst spokesman said.

    Once a trusted consultant to one of Texas’ wealthiest politicians, Barfield was sentenced in February to more than seven years in federal prison for orchestrating a complex money funneling scheme in which he falsified records, bank statements, invoices and campaign finance reports.

    Dewhurst filed a civil lawsuit against Barfield in 2013 to get some of the money back. That lawsuit was settled when Barfield signed over his multi-million dollar West Austin home as part of the agreement.

    However, Dewhurst’s lawyers also set their sights on Houston businessman Michael Looney, who partnered with Barfield and, according to court documents, received “several hundred thousand dollars” of stolen Dewhurst money.

    The funds, according to the lawsuit, were used to start a new oil and gas business co-owned by Looney and Barfield that would make use of valuable seismic data under license from ExxonMobil.

    Dewhurst’s lawsuit was asking for an award of one-half interest in the seismic data and the new company. The exact value of the data was not released, but Looney’s lawyers said in a filing that Barfield “stood to make millions and millions of dollars” if the deal went through.

    The terms of the lawsuit settlement were not disclosed.

    Previously.

    Humane Society USA Agrees To Pay Ringling Brothers $16 Million

    Thursday, May 15th, 2014

    Today it was announced that the Humane Society of the United States and other “animal rights” groups had agreed to pay Feld Entertainment, the corporate entity that own Ringling Brothers and Barnum & Bailey Circus would pay $16 million to settle “a 14-year legal battle initiated over unproven allegations of mistreated elephants.”

    That is in addition to a $9 million settlement paid by the American Society for the Prevention of Cruelty to Animals. Among things both groups did was pay money to the chief plaintiff, a former Ringling employee, who “gave conflicting answers and was repeatedly impeached on the witness stand.”

    This is, in fact, good news.

    “But wait!” you say. “Doesn’t the Humane Society rescue adorable puppies and kittens?”

    Oh, that’s what they used to do, but not so much anymore. HSUSA is now run by militant left-wing vegetarian “animal rights” activists opposed to meat, industrial farming, and even people owning pets.

    I haven’t heard that the ASPCA has gone full animal rights wackjob yet, but supporting the initial frivolous lawsuit certainly didn’t cover them in glory.

    A Tiny Update to the Saga of Convicted Felon Brett Kimberlin

    Tuesday, October 22nd, 2013

    If you haven’t been following the saga of convicted felon Brett Kimberlin, the Speedway Bomber in all its twisty turn-yness, well, I can’t say that I blame you; there are a lot of twists and turns. (And here’s the unexpurgated version for the fortitudinous.)

    Well, there’s some news about convicted felon Brett Kimberlin, namely the fact that he’s suing everyone in sight, including:

  • Ace of Spades
  • The Anonymous blogger behind Kimberlin Unmasked
  • Robert Stacy McCain
  • Aaron Walker
  • Red State’s Eric Erickson
  • Patterico’s Patrick Frey
  • Lee Stranahan
  • And many, many others.

    If you want to help those guys out against convicted felon Brett Kimberlin’s vexatious litigation, you can donate to their legal defense fund. Indeed, I tossed in a few shekels myself.

    Steve Driehaus Gets Litigious

    Tuesday, December 7th, 2010

    Remember Steve Driehaus, the Ohio Democratic and Stupak-bloc flipper who went down in flames in November? You probably thought you’d seen the last of him.

    Think again.

    Driehaus is filing a lawsuit against the Susan B. Anthony List for “defamation of character” for billboards that: A.) Told the truth about him, and B.) Were never actually put up.

    And the truth is: Steve Driehaus voted for an ObamaCare bill that provided public funding for abortions. And that’s a major reason he lost the election. No amount of litigation is going to change that fact.

    Though the lawsuit does require adding one more description to Steve Driehaus: sore loser.