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A Lesson Learned From Taylor Swift On the Meaning of Damages

Check out Faye Cohen’s post to her blog Toughlawyerlady!

ToughLawyerLady

The composer and singer, Taylor Swift, recently won a sexual assault lawsuit against a former radio host. He initially sued her stating that she had caused his dismissal. She countersued because she wanted the trial to serve as an “example to other women.” Swift only sought a single dollar in damages, which the jury awarded her.

Yes, Even $1.00 Award Has Implications       

The dollar awarded to Swift brings up some interesting points about how damages are calculated under the law. There are two parts to every case:

  • The first part is liability, meaning that one has to first prove their case before they are entitled to damages. Many people spend most of their energy on the facts of their case, as they are so personally involved in it.
  • Yet, once they are able to prove their case, the next step, and often the most important step, is for them to…

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Student Sues After Suspension From M.S. Program Over Refusal To Counsel Gay Couples

This is from religionclause.blogspot.com which you can find here:

“A suit was filed last week in federal district court in Missouri by a former student in the Masters in Counseling program at Missouri State University alleging that he was removed from the program because of his religious views on counseling same-sex couples on their relationships.  The complaint (full text) in Cash v. Governors of Missouri State University, (WD MO, filed 4/19/2016), alleges in part:

Plaintiff’s experience at MSU has been devastating, crushing, and tormenting, culminating in his termination from the program — all because he interned with a Christian organization and expressed his religious beliefs on a hypothetical question about counseling a gay couple on relationship issues.

… Plaintiff was targeted and punished for expressing his Christian worldview … regarding a hypothetical situation…. Since he did not give the “correct” answer required by his counseling instructors, he was considered unsuitable for counseling and terminated from the program.

Thomas More Society announced the filing of the lawsuit. AP reports on the case.”

You can learn more about this issue here.

What’s changed in Britain since same-sex marriage?

Every now and again I come across a fantastic article the warrants posting here; I recently came across one in The Spectator which, I thought, was pretty insightful. Be edified.

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Four years ago, amid much uncertainty, 400 British members of parliament voted to redefine marriage in the United Kingdom.

Then prime minister David Cameron announced that, despite having made no mention of the issue in his party’s pre-election manifesto, it would be MP’s who decided the fate of marriage.

Now, it’s Australia’s turn to choose. There’s one key difference. Unlike in Britain, it will be the people who decide.

Everyone agrees, whether they admit it or not. This is a decision of enormous significance.

Therefore, it seems sensible to analyse the consequences of the potential change, within nations in which redefinition has previously been carried out.

In the United Kingdom, it has become abundantly clear that redefinition has affected many people, across many spheres. At first glance, these spheres appeared distinct from marriage redefinition. However, subsequent changes, have proved that they are entirely intertwined.

Gender: Current Conservative Prime Minister, Theresa May, has revealed proposals to abolish the need for any medical consultation before gender reassignment. Simply filling out an official form will be sufficient. A ‘Ministry of Equalities’ press release, explicitly announced, that the proposals were designed to: ‘build on the progress’ of same-sex marriage. Guardian journalist Roz Kaveney boasted that changing your gender is now: Almost as simple as changing your name by statutory declaration’.

Manifestations of the ‘British gender revolution’ are not difficult to find. Transport for London, have prohibited the use of the ‘heteronormative’ words, such as ladies and gentlemen. Meanwhile, universities across the nation are threatening to ‘mark down’ students, who continue to use the words ‘he’ and ‘she’. Instead, ‘gender neutral pronouns’ such as ‘ze’, must be uniformly applied.

Such gender-theory radicalism has delighted Stonewall, the UK’s largest LGBT lobby. Their Orwellian tagline: Acceptance without exception’, can be seen plastered on posters and adverts. Politicians, attempt to ‘out-radical’ one another, in the race to be an original champion, in the next emancipatory front of ‘Trans-rights’.

Freedom of religion: Much was made in the UK, about supposed exemptions, designed to ensure that believers would always be allowed to stay true to their convictions.

Four years later, the very same people who made ‘heartfelt promises’, now work tirelessly to undermine them.

Equalities minister Justine Greening, has insisted that churches must be made to: ‘Keep up with modern attitudes. Likewise, the Speaker of the House of Commons, a position supposedly defined by its political neutrality, had this to say: I feel we’ll only have proper equal marriage when you can bloody well get married in a church if you want to do so, without having to fight the church for the equality that should be your right’.

It became clear, during this year’s general election, just how militant the LGBT lobby have become, following marriage redefinition. The primary target was Tim Farron, leader of England’s third largest political party, the Liberal Democrats. High-profile journalists had heard that Farron was a practising Christian. In every single interview thereafter, they demanded to know. Did he personally believe homosexual sex to be a sin? He practically begged the commentariat, to allow him to keep his personal faith and legislative convictions separate. For decades, he pointed out, he had out vocally and legislatively supported the LGBT Lobby. Likewise, he had long backed same-sex marriage, voting for it enthusiastically. This simply was no longer enough.

Shortly after the election campaign, Farron resigned. He stated that it was now impossible, for a believing Christian to hold a prominent position in British politics.

In a heartbreaking development and in spite of Britain’s ‘foster crisis’, aspiring foster parents who identify as religious, face interrogation. Those who are deemed unlikely to ‘celebrate’ homosexuality, have had their dreams of parenthood scuppered. This month, Britain’s High Court, ruled that a Pentecostal couple were ineligible parents. While the court recognised their successful and loving record of adoption, they decreed that above all else: ‘The equality provisions concerning sexual orientation should take precedence. How has Great Britain become so twisted? Practicing Jews, Muslims, Christians and Sikhs, who want to stay true to their religious teachings, can no longer adopt children.

Freedom of speech: In the lead-up to the Parliamentary vote, we witnessed almost incomprehensible bullying. David Burrows MP, a mild-mannered supporter of the ‘Coalition for Marriage’, had excrement thrown at his house. His children received death threats and their school address was published online. Similarly, ‘Conservative’ broadcaster Iain Dale promised to, ‘publicly out’ gay MP’s, who did not vote for redefinition.

Many hardworking Brits have lost their jobs. Consider Adrian Smith, sacked by a Manchester Housing Trust, for suggesting that the state: shouldn’t impose its rules on places of faith and conscience’. Or Richard Page, fired for gross misconduct after articulating, that children might enjoy better outcomes, were they to be adopted by heterosexual couples.

Simultaneously, contrary to ‘steadfast’ government assurances, small businesses have been consistently targeted. Courts in Northern Ireland ruled that the Asher’s Family bakery had acted unlawfully. What crime committed by this tiny business? Politely declining to decorate a cake with a political message in support of same-sex marriage. The courts maintained that business owners must be compelled to promote the LGBT cause, irrespective of personal convictions.

Even the National Trust, a British institution with over 4.2 million members, has decided to join the bullying LGBT crusade. A message went out. Each of the Trust’s 62,000 volunteers, would be required to wear a compulsory same-sex rainbow badge. Those who said they’d rather not were told they would be ‘moved out of sightuntil they were prepared to publicly demonstrate inclusive tolerance.

In retrospect, the silent majority in Britain remained silent for too long. Reflecting on redefinition, Ben Harris-Quinney, Chairman of the Bow Group think tank pondered that:‘Same-sex marriage was promoted in the UK, as an issue of supposed tolerance and equality. What we have seen, is the most unequal and intolerant outcomes of any political issue in recent history’.

Children: Across the UK, ‘sex education’ has been transformed and disfigured. TV programmes, aimed at children as young as three, promote ‘gender fluidity’, as an enabler of thoughtfulness and individuality.

At the same time, Ministers have denied worried parents the right to withdraw their children from primary school classes. Meanwhile, ‘outside educators’ teach children about sex positions, ‘satisfying’ pornography consumption and how to masturbate. Concerns regarding STI’s and Promiscuity, are derided as ‘old-fashioned’.

Independent religious schools are under intense scrutiny. Dame Louise Casey, a senior government advisor, recently insisted that it is now: Not Ok for Catholic schools to be homophobic and anti-gay marriage’.
Ofsted, the body responsible for school-assessment, has been wildly politicised. In 2013, Prior to the redefinition of marriage, Ofsted visited Vishnitz Jewish Girls School. They passed the school with flying colours. In fact, they went out of their way to highlight the committed and attentive approach to student welfare and development. Four years later, Ofsted returned. This time, they failed the school on one issue alone. While again, noting that students were ‘confident in thinking for themselves‘, their report, pointed to the inadequate promotion of homosexuality and gender reassignment. As such, it was failing to ensure: a full understanding of fundamental British values’. It is one of an initial seven faith schools that face closure.

I mentioned that I was writing this article to a good friend in the Conservative Party, back at home. He expressed his genuine concern. Had I not considered the consequences? Did I not realise that what I said in Australia could be found when I returned to the UK? ‘LGBT progress is an unstoppable tide’. He assured me, that it was ok for me to ‘privately’ believe that marriage was between one man and one woman. He even privately agreed, that the stuff being taught in primary schools was too much.

But to say it out loud? To actually have it in print? It would blight my career and my personal relationships.

Good God. How much more important the institution of marriage and freedom of thought, religion and speech. How much more important the future of our children, than any naïve career ambitions I might harbour.

I urge every Aussie to examine the evidence, analysis the results and be clear about what you’re voting for. If it was solely marriage, it would worth preserving.

It’s infinitely more.

By David Sergeant and originally published in The Spectator on September 7, 2017 and can be found here.

 

Vacant Property is Irredeemable after Sheriff Sale, Commonwealth Court Rules

If one wishes to take advantage of his right to redeem a piece of real estate subsequent to a sheriff’s sale, it is critical to act in a timely manner, otherwise one may miss the opportunity to do so.

53 P.S. Section 7293 lays out the time line to take action in redeeming a property; however, there was some ambiguity in precisely interpreting just when the deadlines occur. The Court, in the recent matter, and case of first impression, Brentwood Borough School District v. HSBC Bank USA, 111 A.3d 807, helped clarify some of the aforesaid ambiguity.

In Brentwood, Defendant HSBC is the mortgagee on a property which was sold at sheriff’s sale to a third party called Grove Properties, Inc. due to delinquent taxes. Within about five months, HSBC filed to redeem the property pursuant to 53 P.S. Section 7293(a). According to 53 P.S. Section 7293(a), a party must file to redeem a property within nine months from the date of the acknowledgment of the Sheriff’s Deed which conveys a property following a sheriff’s sale.  The trial court ruled against HSBC on this issue, asserting that HSBC only had ninety days to file to redeem, however on appeal the Commonwealth Court realized the trial court mistakenly applied the time line laid out in 53 P.S. Sections 27101-27605, and reversed the ruling of the trial court and confirmed the nine month time period.

The primary issue the Court focused upon was whether the property was vacant pursuant to 53 P.S. Section 7293(c), which made the case one of first impression. Section 7293(c) states that “there shall be no right of redemption of vacant property by any person after the date of the acknowledgment of the sheriff’s deed therefor.” Defendant argued that the property was not vacant because the occupant of the property at issue only temporarily stayed at her friends’ house to save money. She also left her belongings at the subject property. Based on the above, the Defendant asserted that, at most, the occupant of the property was only temporarily absent from it, which does not constitute its vacancy, as a property cannot be vacant if its occupant intends to return. In support of its argument, Defendant cited to how the term “occupied” is used in other cases and statutes.

The Court ruled that the term “occupied” must first be interpreted in the context of the Municipal Claims and Tax Liens statute (i.e.: 53 P.S. Section 7101 et seq). Pursuant to that statute the occupancy must be as a residence and not as a storage unit. Per the Court, the purpose of the statute is to increase the collection of taxes and to free land to bear its share of the tax burden. As a result, the Court reasoned, the statute must be interpreted to take consideration of the ability of the municipality to convert a house sold at sheriff’s sale back to productive use as quickly as possible.  Therefore, the Court deduced that the legislature intended the redemption period should be brief which, in this case, is nine months’ time.

The Court observed that “occupied” is a factual determination to be made and applied on a case-by-case basis. The factors to consider in looking at a case include: “whether anyone was habitually physically present at the property, i.e., regularly sleeping and eating there and using it as a place to dwell; whether any lack of physical presence was due to temporary illness, travel or renovation; whether the property was unsecured, damaged or uninhabitable; and whether the basic and necessary utilities such as water, electric and gas were operational.” The instant matter revealed a property which had no person habitually present in it before the sale. It had no running hot water or gas and, therefore, no means to bathe or cook, essentially making it uninhabitable.  Further, it also revealed that the occupant simply could not afford to reside at the property any longer. As a result, the Court resolved that the property was unoccupied. As the property was unoccupied, Defendant could not redeem the property after the date of the acknowledgment of the sheriff’s deed under the statute.

In light of the above, Defendant argued that disallowing them from redeeming the property was unjust as it “could not reasonably be deemed to be on notice that while [the occupant] kept all her belongings at the Property and frequently returned to the Property that she would later claim that she did not reside there anymore, and Defendant would suddenly be precluded from redeeming its interest in the Property.” The Court was not convinced. The Court was satisfied that the Defendant received all required statutory notices under the applicable law.

In sum, the Court ruled that the statute at issue is designed for a speedy and efficient process to return a property sold at sheriff’s sale to productive use and a property with no working utilities and no one physically inhabiting the property is vacant (or unoccupied) despite the occupant’s intention to move back in or leaving her belongings in the property.

Originally published on October 3, 2017 in Upon Further Review and can be viewed here.

New York Court Refuses To Dismiss Suit To Declare Muslim Marriage Valid

This is from religionclause.blogspot.com which you can find here:

“In Jackson K v. Parisa G, 2016 N.Y. Misc. LEXIS 1487 (NY Sup Ct New York County, April 8, 2016), a New York state trial court refused to dismiss a suit by plaintiff who believed he had validly married defendant in an elaborate Iranian Islamic ceremony in New York, attended by 200 guests, even though the couple did not obtain a New York marriage license.  Alternatively plaintiff sought damages for fraud and conversion of a $25,000 engagement ring. A 20-minute ceremony was performed by Ms. Sholeh Sham, who now says she is not a member of the clergy and had no authority to marry the couple. Plaintiff however claims the marriage was valid under NY Domestic Relations Law Sec. 12 that validates marriages solemnized “in the manner heretofore used and practiced” by a particular religious denomination. The court said in part:

The court need not decide at this point whether it is possible for the court to determine the validity of the purported marriage on neutral principles. The ultimate issue is whether the ceremony meets the requirements set forth in DRL §12. Plaintiff argues that, in Defendant’s denomination, no particular religious leader must solemnize a wedding ceremony. Under New York law, an officiant at a religious wedding ceremony need not be limited to a traditional concept of a member of the clergy or a minister ordained by a religious order….. Whether Ms. Shams was qualified to solemnize the marriage is an issue of fact….

The court also allowed plaintiff to move ahead with his claim of fraud, saying:

Here, the complaint includes detailed allegations to the effect that the Defendant accepted Plaintiff’s marriage proposal and engagement ring on July 29, 2009…; that the Defendant told him that her family wanted to select the wedding  officiant to be certain that the marriage would be recognized in the Islamic Republic of Iran and valid under Iranian law….

… Plaintiff alleges that Defendant convinced him that Ms. Shams was authorized to marry them at the time she officiated at the September 4, 2010 Ceremony, and that they were actually married on September 4, 2010. Only after years of purported marriage did Defendant tell Plaintiff they were not married.

You can learn more about this issue here.

December 2017, “The Evangelist” Newsletter from St. John the Evangelist Anglican Church, Abington, PA

The Evangelist is the monthly newsletter of St. John the Evangelist Anglican Church in Abington, Pennsylvania.  The December 2017 issue of The Evangelist is now out which you can read here.

Give yourself the gift of writing

Here is the latest post by Angela and Daz Croucher to their blog A.D. Croucher! They are up-and-coming young adult authors. Check them out!

A.D. Croucher

As writers, we all dream of an unending vista of available writing time. No breaks, no interruptions—other than spending 40% of our time compulsively checking Twitter of course—just one neverending sweet, sweet writing zone. Wide open spaces like this are normally a good thing. It’s what we think we want. But when it comes to creativity, sometimes too much space allows for too much procrastination (so we’ve heard… *checks Amazon Prime to see if the Marvelous Mrs. Maisel has dropped yet*). When there’s no specific destination, you can end up spinning in circles, getting nowhere, making yourself dizzy with all the possibilities.

cat choices

Contrary to what most of us might think, deadlines are not creativity killers. Deadlines provide direction and structure. A deadline gets the heart pumping and silences the inner critic that might otherwise go on for days like someone that’s just discovered how to thread their 280 character tweets…

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Best Speech Ever On How Millenials Worship The Establishment

Every now and again I come across something that warrants posting here; I recently came across this on  Youtube which, I thought, was pretty insightful. Be edified.

 

A Collection of Family Law Writings by James W. Cushing, Esquire

Over the course of my career, I have written extensively on a wide variety of family law issues and legal principles.  These writings have been published in The Legal Intelligencer, Upon Further Review, and The Pennsylvania Family Lawyer as well as posted onto my blog.  I have collected these articles and blog posts and have listed them below.  Thanks for reading!

Articles:

Musings:

Former Kosher Supervisor At Manischewitz Sues Over Pressure To Compromise Standards

This is from religionclause.blogspot.com which you can find here:

A lawsuit was filed Wednesday in state court in New York by Rabbi Yaakov Horowitz who was a kosher supervisor for the Union of Orthodox Jewish Congregations (“OU”) and who certified products of Manischewitz Co.– a major producer of Passover foods– for more than 20 years.  As reported by NJ Advance Media and AP, the suit, filed just days before Passover, claims that Horowitz was forced to take a long leave of absence after complaining that he was being pressured by the OU to be more lax in his inspections of certain products.  Horowitz claims that OU cooperated because it was afraid that Manischewitz would move to a different kosher certifying agency.  Manischewitz denies the charges. The lawsuit seeks millions of dollars in damages for emotional distress and damage to reputation.

You can learn more about this issue here.

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