Mark Cuban Needs To Consider Taking the Fifth Amendment Or Defusing the Cuban Missile Crisis!

Mark Cuban is accused of insider trading by the SEC Relating to Mamma.com
Mark Cuban faces charges by the Securities and Exchange Commission (SEC) for violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Mark, take some good advice from an old fashion Indiana lawyer, keep your mouth shut! This is not an NBA matter. The potential jail time almost always occurs because some one is found to have lied under oath. Follow your lawyers advice. If I were that lawyer, I would tell you to keep your mouth shut and pay the fine without admitting any guilt. Steroids did not get Bonds in trouble. Allegedly lieing under oath did. You can testify truthfully and still be found to have lied under oath. Think of it as a trap and don't take the bait. Despite this advice, it may be hard for Mark to stay quiet.

The billionaire owner of the Dallas Mavericks is accused of insider trading over the sale of 600,000 shares of Mamma.com. The SEC's lawsuit did not specify what fines the commission intends to seek. Cuban became a billionaire by selling his company, Broadcast.com, to Yahoo while he was living in Bloomington, Indiana. In 2000, Mark purchased the Dallas Mavericks $285 million from H. Ross Perot Jr. Cuban became a very hands-on owner, spending his time on the court rather than up in the owner's box. Mark even has his own blog.

Mark is not afraid to celebrate or scream at officials or players. Consequently, he has had his share of spats with NBA commissioner David Stern. The league has fined Cuban in the neighborhood of $1.6 million for inappropriate comments and/or actions. For example, In 2002, Cuban commented about an NBA head of officiating, "I wouldn't hire him to manage a Dairy Queen." D.Q. challenged Cuban to work in one of its stores for a day. Cuban accepted, and found out it is not so easy of a job.

Similarly, when former Maverick Michael Finley returned to Dallas in the 2005-06 season, the owner encouraged fans to shower him with boos. Cuban's biggest fine came after the 2006 NBA Finals. He was fined $250,000 for inappropriate conduct during Game 5. Cuban has expressed interest in buying the Chicago Cubs in July 2008. Not likely that will ever happen!

So, what has Cuban in hot water? Supposedly, he invested in Mamma.com, a conglomerate type of search engine start up company in 2004. However, Cuban dumped his entire investment in the company in 2004 after allegedly finding out from Mamma that their private funding money dipped by 10%. Since the SEC kind of frowns on investors using insider information to avoid financial losses, charges were filed in the U.S. District Court for the Northern District of Texas.

Mark Cuban denies all accusations of wrong doing. He will want to fight. But the SEC, like the TSA, FBI and City Hall, is not someone you want on your bad side. A word to the wise, Mark. You have come a long way since we drank beer in Bloomington. Now is the time to keep your mouth shut and stay where you are in the social heirarchy. Men smarter than you have made the mistake to testify under oath in such high profile proceedings.

Keep in mind all parties, especially Mark, are presumed to be innocent!

Top Interest Cases In Kentucky, Indiana, and Illinois For 2008

Say what you want about Kentucky family trees, but when it comes to civil law, Kentucky juries understand what to do. A jury awarded $2.5 million to a Kentucky teenager who was severely beaten by members of a Ku Klux Klan group. The Defendants apparently mistakenly thought the victim was an illegal Latino immigrant. The plaintiff, Jordan Gruver, then 16, was mistakenly targeted and beaten by the defendants. Specifically, the civil jury found that the Imperial Klans of America and its founder wrongfully beat 16-year-old Jordan Gruver. Gruver is an American citizen of Panamanian and is of Native-American descent. $1.5 million was for compensatory damages. $1 million was for punitive damages against "Imperial Wizard" Ron Edwards.

This verdict, if it stands on appeal, could break the Klan group, allowing the teen and the law center to seize the group's assets. The Imperial Klans of America is apparently the owner of a headquarters on a 15-acre compound in Dawson Springs, Kentucky. The Plaintiff was represented by SPLC (Southern Poverty Law Center) founder and chief trial attorney Morris Dees. The suit was tried against the Imperial Klans of America and two of its leaders, Ron Edwards and "Grant Titan" Jarred R. Hensley. The jury deliberated for five hours after three days of testimony. As a result of the attack, Gruver suffered a broken jaw, broken left forearm, two cracked ribs and some cuts and bruises. He may have some nerve damage and some psychological trauma. "The people of Meade County, Kentucky, have spoken loudly and clearly. And what they've said is that ethnic violence has no place in our society, that those who promote hate and violence will be held accountable and made to pay a steep price," Dees said.

In Indiana, Peggy Sue White's surviving Spouse, David White brought a wrongful death law suit against Dr. Dennis Cavanaugh and Pathology Associates. Peggy White, a known asthmatic, was a 52 year old woman who went into Pathology Associates for an elective stress test. The Terre Haute Medical Lab technician took her medical history. Dr. Cavanaugh then underwent an adenosine stress test. Approximately three minutes into the test the Mrs. White developed extreme shortness of breath and shortly there after, died. Plaintiff's alleged that the Physician's Desk Reference says that adenosine is strictly contraindicated in patients with known or suspected asthma. The matter was submitted to a medical review panel which unanimously found that both Dennis Cavanaugh and Pathology Associates failed to meet the requisite standard of care and that as a result Peggy Sue White died. After a five day trial involving 11 expert witnesses, the jury returned a defendant's verdict for both Dr. Cavanaugh and Pathology Associates. Plaintiff was represented by Michael Miller of Indianapolis and both defendants were represented by Scott M. Kyrouac of Terre Haute. The Plaintiff's estate filed a motion to correct errors which was denied.

Also in Indiana, Roger Vuckovich, age 45, went to the ER where he was diagnosed with Kidney stones. He was discharged from the ER. He wnt home to bed and died from an abdominal aortic aneurysm. His surviving spouse, Cynthia, was critical of Dr. Sareen, Dr. El-Naggar and the staff of St. Catherine Hospital for failing to properly diagnosis her husband. The medical review panel unanimously concluded that Dr. El-Naggar, Dr. Sareen, and the hospital did not breach the standard of care. Plaintiff proceeded to trial against Dr. Sareen. Dr. Sareen denied that he was negligent and that a CT scan in the ER was necessary. The jury returned a verdict for the Plaintiff and against the defendant, Dr. Sareen, in the amount of $4,450,000. The parties stipulated to a remittitur down to $1,250,000 which was the applicable statutory cap. Plaintiff was represented by Barry D. Rooth and Holly S.C. Wojcik. Defendant was represented by John M. McCrum and Kirk D. Bagrowski.

In Illinois, a judge recently denied a motion by attorneys for the Catholic Diocese of Belleville to set aside a $5 million civil jury verdict against the church for damages suffered by a former altar boy. St. Clair County Circuit Judge Lloyd Cueto issued his one-sentence order that may trigger an appeal. St. Louis attorney David Wells represents the diocese. Belleville Bishop Edward Braxton will make the final decision on an appeal. He could not be reached.
On Aug. 27, after an 8 day trial, a jury awarded James Wisniewski, 47, of Champaign, $5 million in damages and medical costs. Wisniewki alleged that the Rev. Raymond Kownacki sexually abused him for five years beginning when he was a 13 year old altar boy at St. Theresa's Church in Salem. Kownacki, 73, of Dupo, does not wish to comment. He remains a priest and receives retirement pay but cannot wear a priestly collar or perform any church duties.
Belleville attorneys Mike Weilmuenster and Steve Wigginton presented diocesan documents obtained during discovery that allegedly showed that former Belleville Bishop James Keleher and others knew that Kownacki was a child rapist. Nevertheless, he was apparently repeatedly reassigned to unsuspecting parishes. The Illinois Supreme Court refused to stop the trial on grounds that the lawsuit was barred by statute of limitations and other legal time limits. The damages include $2.4 million for compensatory damages including medical costs and $2.6 million in punitive damages.

Rebecca Willis, 56 Year Old Dirty Dancer, Settles Lawsuit For $275,000.

Folks in Marshall, North Carolina know the cost of good clean dancing. It is $275,000. Just ask Rebecca Willis. The town has apparently agreed to pay Willis $275,000 in exchange for settling litigation over the town's ban of Willis from the Marshall Community Center, a local hangout. The ban was in place because other patrons complained about Willis' dirty dancing. Eight years ago, at the age of 56, Rebecca Willis was accused of gyrating and simulating sexual intercourse with her partner while dancing. At the time she was allegedly wearing a skirt so short it exposed her underwear. Rebecca considers her dancing "exuberant and flamboyant" but not obscene. Rebecca gets $275,000 and she agrees to never return to the community center.

Twice in the past five years the case had gone before a federal district court judge and twice before the court of appeals. In May a three-judge panel of the 4th Circuit Court of Appeals said it could proceed to trial on the question of whether the town violated Willis’ Constitutional right to equal protection under the 14th Amendment by banning her from the town's public music arena. The staff claimed that they banned her because she had acted in an obscene manner, showing her underwear and dancing crudely. Willis contended that she was dancing appropriately.

Rebecca's attorney was Jon Sasser. The American Civil Liberties Union announced the settlement Thursday. Larry Leake, the attorney for the town, believes that the town did nothing wrong. But Willis said in a statement that the settlement sends a message that the town should allow for diversity and free expression.

To the town of Marshall, just be thankful that she is not a teacher dancing in front of students.

Foreclosure Crisis Is Major Challenge For New Administration While Stripteasing Teacher May Solve The Dropout Rate!

Hey Mr. President elect, I know you are doing all you can, to help your fellow man. But I am out of work. I need a job I'm out of work. That seems to be the tune being sung across the country. Let's strip away all the myths and deal with the facts. The ramifications of a struggling economy are beginning to become apparent. Another 84,868 homes were lost to foreclosure in October, according to today's report. Last month 279,561 borrowers received foreclosure filings according to RealtyTrac. That's a 5% increase from September, and up 25% from October 2007. A total of 936,439 homes have been lost to foreclosure since August, 2007.

Some states have adopted legislation to freeze foreclosures and give homeowners a chance to modify their mortgages. This has slowed the rate of foreclosures. However, there are still 25% more foreclosures this year when compared to last year.

Almost any given day there is a story about job layoffs or plant closing. So, Mr. President Elect it will soon be your move. Hope you have a real plan...

Here is one author's suggestion: How Obama should fix the economy

And while President Obama is at it, perhaps he can solve the drop out rate too. Surfer Dude says that if more teachers were like this Hungarian Teacher in the video, the drop out rate among young males would decline. Apparently some Hungarian teens played a game of Truth or Dare with their teacher. She decided to keep their interest with her rendition of a striptease. Parents were rightfully upset, but the local education officials have no plans to fire her. Her class attendance rate is nearly 100%. video of the incident (SFW).

Reports Of A Christmas Grinch Carjacker With A Bag Of Rear Window Sticker Is A Hoax ~by Legal Pub

A concerned senior citizen submitted this warning to Legal Pub. I doubt that it has happened often, but it is still worth considering. According to the officer, a woman reported that she parked in a public area. When she started to drive away she noticed a sticker on the rear window of the car. When she took it off after she got home, it appeared to be a receipt for gas. She decided to call the local police and it was suggested that if you see a paper or sticker on your rear windshield to not get out of the car to remove it. It could be someone waiting for you to get out of your car so that they can hijack it.

Is it a legitimate threat? Probably not. It sounds like another internet rumor. Well, just to be on the safe side, if you look into the rear view mirror to back out of your parking space and notice a piece of paper stuck to the rear window, don't get out to remove it. This way, a carjacker won't have the opportunity to take your car and your belongings inside the car.

Has it happened? While it is conceivable in the course of the world that this has happened, Snopes.com claims it is a false rumor which started in 2004 erroneously attributing the warning to detective Bledsoe (Montgomery County, Texas). Over the years other officers have erroneously passed along the email. http://www.snopes.com/crime/warnings/carjack.asp

A preliminary scan of the internet fails to reveal a single case documenting such a method of car jacking. So, Virginia, let me be the one to break the news: there is no Christmas Grinch Carjacker with a bag full of rear window stickers.

Buck Burnette Kicked Off University of Texas Football Team For Dumb*ss Remark About President Elect Obama ~ Story Idea From Austin American-Statesman

Does a college student have a right to free speech on Facebook? Buck Burnette exercised incredibly poor judgment when he apparently displayed either blatant prejudice or an ignorant sense of humor. But should he have been dimissed from the University of Texas football team?
The Austin American-Statesman has reported that Buck was dismissed from the team due to remarks he made on his Facebook page about President-elect Obama.
The backup center Buck Burnette apparently updated the Facebook page shortly after Obama's election and allegedly wrote that hunters should get their guns. The page has been deleted from Facebook but not before it apparently scarred some readers. Burnette apparently recognized his mistake and wrote an apology that said, "Clearly I was in the wrong for what I did and I apologize for being a sore loser."

Will the ACLU jump to the defense of the 6-2, 305-pound Burnette? If not, would they have defended a woman or a person of color if they were kicked off a college team for saying something stupid about President George Bush? This is not to condone Burnette's actions, which at best demonstrated horrible judgment. At worst it showed that he is ignorant. But the real question remains, does someone have a right to free speech in this country or not?

Blond Bombshell's Rules For A Successful Break Up!

Rebecca Romijn is extremely self-conscious about her body right now. (You can't help but notice she is pregnant.) She apparently is impressed with Jerry O'Connell's fathering skills. That is cool, but talking about her divorce with John Stamos breaks Shell's rules of recovery. Rebecca wanted to publicly discredit the rumor that she divorced Stamos because she did not want kids. Why bother, Rebecca?

Listen folks, there are rules for a successful break up.The less you talk about your ex the better. Here are some more guidelines for those challenged by lack of common sense.

1. The tabloids reported that pop star Britney Spears broke up with her now-ex-husband Kevin Federline via a text message. If true, that is really a bad move. Text messages, emails, Facebooks, MySpace are not the best medium for ending a romantic relationship!

2. First, don't stalk after a break up. That includes Christmas cards and birthday cards. Nothing ruins a special occasion more than hearing from the person who messed up your life. Don't send them to your ex. It is stalking!

3. Now its easier to be the dumper as opposed to the dumpee. After all, it was your idea to break up. Act like it was even if it wasn't. If you were smart, you probably had a replacement lined up anyway. On Friends, it was called "a backup."

4. At all costs, refuse to be a bad person. That means no phone calls asking if you ex is "okay." This goes for Facebook and MySpace. It is rather presumptuous to assume your ex was damaged by the breakup. Furthermore, don't send your ex a request to be "friends." It is uncool and will be seen as rubbing in your ex's demotion to "buddy" status.

5. Take your ex off your mass mailing list. Your ex probably hated your lame jokes during the relationship and undoubtedly your jokes did not improve after the breakup.

6. Another pet peeve is the martyr act. If you run into your ex, don't pretend that your life is all gloom and doom in the hopes of garnering a "sympathy scr*w." Instead, be polite, be discreet, and keep the encounter brief. Save the theatrics. Same is true for your ex' family. Stay away from them. They are not your relations any more. Similarly, don't begin a relationship with your ex's close friend. It is not cool. No one will think highly of you for such an acquisition.

7. Booty calls. Don't do it. Nothing is worse then breaking up with someone only to have them come back for a quickie. Talk about prolonging the recovery period. If it did not work the first time, it is doubtful that it will work the second or third time.

Be smart people, it is a jungle out there. Even in Hollywood.

Shell