How Judges Cheat – Part 2

A couple of weeks ago I reposted an example of how judges cheat by simply ignoring what the law says, and not following the rules of judicial construction. Today I’m going to give examples from my own cases that show a way of cheating that never shows up in the published opinions. Unless you are able to read the briefs of the case, there is no way to know what the court’s opinion left out (though sometimes you can find that if a dissent is written).

I lost my appeal in my lawsuit against the Fairfield County District Library, with the opinion being issued on December 14, 2011.

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How Administrators Cheat

While we can complain about how judges cheat, we mustn’t forget that the only reason it gets to judges for them to cheat is because administrators have to cheat first.

Administrators first have to make up specious reasons for enforcing a rule that infringes on personal liberty. Then they have to double down and decide to fight to keep their rule, often in the process coming up with even more ridiculous justifications. I am also deeply suspicious that some of this is prompted by their own incompetence in dealing with something that ought to be part of their daily competence.

I’m reminded of this by a recent story about a kindergartner’s mohawk haircut.

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How Judges Cheat – Part 1

Judges are human, too. However, they’ve had all sorts of legal training, and that presumably includes logic. So it is rather distressing to see them cheat to come up with rulings that they want, instead of what the law, and the rules of judicial construction, say they should.

Now, by “cheat” here, I don’t mean the stronger definition: “to practice fraud or deceit”. It’s more along the lines of “to violate rules or regulations“. I’m not even sure it is deliberate.

But the effect is the same.

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DeFalco v. Vibram

Yesterday I blogged about the current state of the Bezdek v. Vibram lawsuit, and posted a copy of the order allowing the suit to proceed. If you read that whole order (you did read the whole order, right?) you might have noticed that there is yet another lawsuit against Vibram.

Again, it’s a class action lawsuit for fraud.

Let me say a few words about this newer lawsuit, DeFalco v. Vibram.

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Lawsuit Against Vibram Survives Motion to Dismiss

We’ve been following the lawsuits against Vibrams for making unsubstantiated claims (including claims about the benefits of barefoot running). There was a pending motion to dismiss before the court, and that motion was denied on Wednesday.

So, here’s what’s going on.

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What’s Up With The Toe-Shoe Lawsuits?

For those of you who are wondering what is going on in the three lawsuits against toe-shoe companies, here’s an update.

But not really.

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Fear and Breastfeeding in Las Vegas

Fear and Breastfeeding in Las Vegas is the name of a blog entry from The Leaky Boob, a “lactivist” (love the word) blog about breastfeeding. It’s a great story (go read it) of a breastfeeding mother standing up to a restaurant in Las Vegas that questioned her breastfeeding of her child there.

I also think it is related to barefooting (though, of course, I can find that just about everything is related to barefooting).

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Call to (Jury) Duty

I’ve written before about the possibility of doing jury duty barefoot. But it was fairly generic.

Let’s go on and look at a “hypothetical” situation.

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Vote Barefoot!

Today is of course election day across the United States.

You might as well vote barefoot.

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See Ya Escalator, Alligator

I spent the weekend traveling (to do fun stuff at my destination) and spent a fair bit of time in airports. I saw quite a few escalators with different signs on them, so I thought I’d address how much you are required to follow those signs.

And are escalators really dangerous?

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Krogering, Again

Two weeks ago I wrote about not being able to find the opinion regarding a supposed Georgia Supreme Court ruling (involving a Kroger grocery store) in which the judge asked the woman involved if she could have prevented the injury by some reasonable method, and that because she could have, the owner of the store could not be held liable.

The way the description was written made it sound like a barefoot case. Well, the person who wrote about it clarified things. It was not a barefoot case, and he even gave the name of the case, so I could look it up.

Unfortunately, it really doesn’t say what he says it says. In fact, the court case he refers to makes it easier, barefoot or not, to sue and win such a negligence case in Georgia.

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Update on the Vibram Lawsuit

You may recall that last month I wrote about how Vibram was being sued over their toe shoes. It was a class-action lawsuit saying that Vibram was making false claims about “barefoot” running.

I have an update.

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A Real Barefoot Lawsuit

The other day, in Barefoot v. Kroger, I took exception to a barefooter making claims about a non-existent lawsuit. The barefooter had told a restauranteur that the Georgia Supreme Court had ruled in a case involving a barefoot customer in a Kroger who had cut their foot, and that if the customer could have reasonably prevented the injury, Kroger wasn’t liable. Generally, there’s really only one lawsuit in which a barefooter sued a business in the ways businesses are worried about.

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Ban That Shoe!

I’ve written before that businesses that are afraid of being sued by barefoot customers being injured somehow never never exhibit the same phobia when it comes to the shoes that really result in lawsuits.

So let me present one of those now.

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Barefoot v. Kroger

While I no longer am a member of the SBL, occassionally somebody there will forward something to me from there to ask my opinion about it.

And that leads to today’s topic.

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