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Posts posted by Ghost of LL
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Just now, Firemans4Horn said:
There is the First Nations shop in Montreal where they sell all the furs that they’re permitted to take by treaty. It’s just incredible. Even if you’re not into furs, it’s worth checking out just to see the wild selection.
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1 hour ago, baboso said:
Bus tub buffet isn't uncommon in restaurant work.
Mrs.LL and I have had long discussions on this. She has vastly more restaurant experience than I do, but we're both pretty familiar with the practice. And while there are no "rules"--everything is just an ad-hoc determination--there are some patterns that you can discern.
Soups, pastas, and other dishes in which the customer is going to have to dip a fork or spoon that s/he is continually eating off of back into the food--that shit is right out.
Pizza, sandwiches that the kitchen cuts in half before it hits the table--if there's a whole slice of pizza or a whole half a sandwich that is left behind, that's absolutely free game.
French fries, chips, and other things that get handled one-at-a-time--yeah, those are generally free game. But cold french fries are gross. And the reality is that the customer's hands are rummaging through that pile of fries/chips/fried whatever, and that's kind of gross. But at the same time, if you're a college student, eating a fried shrimp that someone's hand brushed past is far from the grossest thing you're going to do today, soooo . . . .
Things like half a steak or a chicken breast that the customer would've used a knife to cut slices away with the fork only touching the piece that is being cut away and going straight into the mouth (leaving the remaining portion of the steak untouched by any mouth-touching utensil)--this is a real gray area. If there's the filet half of a prime porterhouse that's left sitting on a plate untouched, I'm eating it. No question.
The gold mine is the to-go box that the customer leaves behind.
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I am so bored by this game.
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Do people eat platypus eggs? Because I bet they’re yummy.
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And apparently now Musk's people are at FEMA and looking to shut it down. Which is going to be great when the next hurricane hits the Gulf coast.
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20 minutes ago, TwiceHorn said:
So doesn't this, in practical effect, place a higher burden on UHG to prove malice by Potter if any of the statements she made are false or false-ish.*
I have noticed that federal courts give no fucks about placing a high burden of proof of malice at the pleading stage, before discovery is even permitted.
Texas courts, until recently, haven't had much ability to dismiss litigation at the pleading stages and, even if the rules provided for it, judges have been reluctant to do so by tradition and practice, much like the early days of summary judgment in Texas.
TCPA seems to have created sort of an uber-motion-to-dismiss in Texas state courts. Fun fact, TCPA was drafted by one of my classmates.
(most of this post is for the peanut gallery by way of explanation rather than trying to tell you what you already know, but there is a question in there).
*ETA: The value, if any, of boutique defamation firms like Clare Locke seems to be in persuasively framing the truth/falsity/opinion issues in defamation litigation to support their clients, that is making what seems like either a clear opinion or a clear fact something else entirely.
The TCPA doesn't place a higher burden on the plaintiff to prove malice. It just creates a procedural mechanism for a defendant to get a quick dismissal and recover fees.
And theoretically, it shouldn't be that hard for a plaintiff to get past a TCPA motion. All the plaintiff has to do is show a prima-facie case of every element of its claim. But in the defamation context--the malice element that you identify is going to be the tough one to show prima-facie evidence of. I mean, you do get some expedited discovery, but . . . yikes.
I don't know if that answered your question.
I'll also say that I didn't see whether this was filed in federal or state court. I assume it's in state court. But I think the Fifth Circuit has decided that the federal courts won't apply the TCPA because it is a purely procedural mechanism (though I could be waaaay wrong on that--beware the old lawyer who says "I think I remember a case that says . . . .").
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10 hours ago, atomheartbevo said:
Somebody’s bottom line appears to be affected. Going after an Austin plastic surgeon and maybe others on social media. @Ghost of LL and @TwiceHorn and @South Austin and others, thoughts? It’s the law firm that helped get almost $800 million out of Fox News, so I wonder if this is going beyond one plastic surgeon.
UnitedHealth Group Inc. has hired a prominent defamation law firm to counter what it sees as inaccurate and irresponsible social media posts about the company’s practices.
Clare Locke, an Alexandria, Virginia-based boutique law firm, is working for UnitedHealth, the company confirmed. A doctor “is using her social media following to perpetuate inaccuracies, which is irresponsible, unethical and dangerous,” UnitedHeath said in a statement.
The hiring shows the biggest US health insurer is pushing back against public statements it views as false following the high-profile death of an executive. Clare Locke is best known for representing Dominion Voting Systems Inc. in a landmark $787.5 million defamation settlement with Fox Corp.'s Fox News.
Social media platforms lit up with criticisms and even hatred of health insurers following the Dec. 4 murder of Brian Thompson, the chief executive officer of the company’s UnitedHealthcare unit, outside an investor conference in New York. Luigi Mangione, who had allegedly decried health industry practices, faces murder charges in Manhattan.
Elisabeth Potter, an Austin, Texas, plastic surgeon, claimed on Instagram Jan. 7 that UnitedHealth denied an in-patient stay after surgery related to cancer. “I had to scrub out mid-surgery to call United, only to find that the person on the line didn’t even have access to the patient’s full medical information, despite the procedure already being pre-approved,” Potter said in the post.
One of Potter’s attorneys, Jessica Underwood, said Potter received a Jan. 13 letter from Clare Locke demanding that she correct her posts, apologize to UnitedHealth and condemn threats of violence that the law firm said resulted from the posts.
But Underwood, of the law firm Nix Patterson, said Potter’s statements about the insurer were truthful. “Dr. Potter will not be silenced by UnitedHealthcare’s attempts to threaten and harass her,” Underwood said.
UnitedHealth said in its statement that it had previously approved coverage of the care the patient received, including coverage of an overnight stay. “Dr. Potter’s claims that she was called out of surgery are false,” the company said. “There are no insurance related circumstances that would require a physician to step out of surgery and it would create potential safety risks if they were to do so.”
Clare Locke’s letter to Potter was signed by Tom Clare, who founded the firm in 2014 with his wife and former fellow Kirkland & Ellis partner Elizabeth “Libby” Locke.
Firm partner Jered Ede also signed the letter. Before joining the firm, Ede served as chief legal officer for Project Veritas, the conservative nonprofit that goes undercover to expose what it sees as wrongdoing.
This looks ripe for a Texas Citizens Participation Act motion to dismiss.
The TCPA is the anti-SLAAP statute in Texas, and it lets a defendant file a motion to dismiss a suit that arises out of the defendant's exercise of the right to free speech, the right to petition the government, or the right to association. It's a pretty draconian statute, because if the case is dismissed, then the plaintiff has to pay fees. And the fees on that kind of thing are always high.
There is a commercial-speech exception, but I'm not at all certain that this would fall under that exception.
Damn--I wish I was on this case. It'd be fun.
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This summer, I'm going to make sure my male progeny starts a lawn crew. My peeps who voted in the Democratic primary are going to get one price. Neighbors who voted in the Republican primary are going to get a very, very different price.
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In a related question--how is every major interchange in the state under construction all at the same time? It's amazing how I drive around, and there are these massive ramps that will run two miles long from an interchange being built. Why? And many of these interchanges are pretty new.
I just don't get it.
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So we lost the Tariff War in less time than it took Iraq to lose the ground war in the first Gulf War?
Sounds about right.
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6 minutes ago, Jive Turkey said:
exactly. Luka wanted to be in Dallas. as Mavs fans, we've seen so many big name free agents turn us down. they had zero desire to play for or live in Dallas. but Dirk did, for 21 years, which is why he is so beloved. and we lucked out by getting a generational talent who also wanted to play in Dallas, seemingly for the rest of his career, too. that's why this bridge has been burned forever.
and to add gasoline to the fire, these fuckwads pushed Luka out for a quarter of his value.
And good luck getting a free agent to sign in Dallas in the future now that they know how ownership is going to treat them.
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Just now, shadow_operative2.0 said:
CBJ’s D appears to really suck.
They just look really tired.
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In Antiquity, the Romans regarded Scandinavia as the “womb of peoples”—the place of origin of so many Germanic tribes that migrated south to cause the Romans difficulty along their frontiers.
In much the same way, I regard Minnesota as the “womb of washed-up defensemen who can’t reasonably contribute as Top-4 blue-liners.”
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22 minutes ago, 'stache said:
I honestly didn't know much about Adelson. What a dispicable wretched cunt. Maybe it'll be okay to move to LV to get her the fuck out. Dallas would be first on the list for expansion or the next move.
That’s the only way this makes sense to me—as the preliminary step in engineering a move that Dallas as a city and fan base would be fine with in the expectation that Dallas would quickly get a replacement.
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2 hours ago, Bozo_Casanova said:
I'm numb. I feel nothing. Ive been a fan of this team for 44 years and nothing comes close to how low this moment feels.
We need to normalize switching professional-franchise loyalty. I did it when Cuban sold the team and reverted back to my childhood Spurs loyalty.
You can, too. You don’t owe the Mavs shit. And if they’re going to decide to be shitty (and probably be shitty in Vegas), who stick with them?
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7 hours ago, Jive Turkey said:
that was you? holy shit, you had the boys cracking up. same with Triple Fake Marge. "Supreme Court Clarence Thomas Tinsley."
today's E-Brake voting was not a beating. quite possibly because there was no Fake Natalie Maines and no Cruz in Aledo and no E-Brake Man. it was a bunch of kids.
Generic Hockey Player is consistently the funniest voter going because it is such a dead-on-balls-accurate impersonation of Jamie Benn. Like, it really might be Jamie Benn calling in.
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4 hours ago, mchookem said:
women have to be on that list too
That'd be a DEI inclusion. And we don't play that anymore.
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17 minutes ago, DaysOff said:
In complete fairness--and I really can't believe you're making me stick up for Ted fuckface Cruz--it's only five slots. And the slots haven't yet been activated. So Cruz's advocacy for five additional slots didn't have anything to do with this crash.
Goddamnit--now I need a fucking shower.
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2 minutes ago, Pato del Muerto said:
Between this and the flight paths image on the previous page, is there any chance this was deliberate?
I mean, a chance? Sure. But not terribly likely I wouldn’t think.
Much more likely a pilot fuck-up.
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1 minute ago, DaysOff said:
Goddamnit.
911 should have permanently shuttered this airport if we're truly concerned with security and safety, but God forbid the political elite may have to drag ass all the way to Dulles.Yeah—there’s just no fucking way we’re ever closing DCA.
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My son is a sophomore. He's a good student. I mean, real good. He has a GPA that's north of 4.0 at Westlake. At the same time, he's not the valedictorian or anything like that.
So I was surprised when I got home yesterday and saw a promotional mailer to him from Columbia. I mean, I didn't know an Ivy League school sent out mailers to high school students. I mean, no Ivy League school ever sent any promotional materials to me when I was in high school.
But anyway--and not to take anything away--I couldn't help wonder whether this had something to do with Columbia having been a shitshow for the past year. I don't know what their application numbers look like, but I wonder if they haven't seen a material decrease.
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I'm going to tell you what--if this law thing doesn't work out, Brisket could have a future as a professional ghostwriter of eulogies.
That was beautiful, man.
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Русский корабль - иди нахуй
in Daily Texan
Posted
Apart from everything else, the French and British are showing that they sense an end to American hegemony, and it opens an avenue for a Franco-British alliance to take over as the primary players running the Western Alliance.
Their play is to put troops on the ground and expect that will turn the weight of the fighting in short order and force Russia to seek an armistice. And in so doing, they basically remove the United States as the driver of Western security going forward.
It’s honestly a good play. Ukraine has softened them up. Now the Brits and Frogs get to come in and get the credit and benefits of the big win just like we did in 1918.