Supreme Court to Decide Key Employee Class Action Cases in 2011

Posted by cemwoodclaim on January 30, 2012
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Article by Michael J. Bononi

The US Supreme Court is set to issue opinions in three cases with important implications for future employment class action suits this year. Depending on how the Court rules in these cases, employees seeking to enforce their workplace rights as a class may find it easier to do so.

Class action lawsuits provide a vital means for employees to protect their rights to fair wages, overtime compensation, discrimination-free workplaces and other important rights. Without the availability of the option of joining a class, employees would have to bring individual claims against their employers.

While class actions have been most widely used in wage and hour claims, over the past several years they have become more common vehicles to bring other types of employment law claims, including discrimination suits. For example, last year a jury awarded more than 5600 female employees $ 250 million in punitive damages in a sex discrimination suit against Novartis (Velez v. Novartis Corp.). The jury verdict was the largest one to date in an employment class action suit.

The three cases before the Supreme Court this term will help define how class actions suits can be brought in the employment law arena and other areas of the law.

AT&T Mobility v. Concepcion (No. 09-893)


In this case, the Supreme Court has been asked to decide whether the Federal Arbitration Act (FAA) pre-empts a state law ruling finding a portion of a mandatory arbitration clause unconscionable. In its consumer contracts, AT&T Mobility has a clause prohibiting its customers from participating in class action lawsuits and class arbitration. Instead, similarly situated customers who want to bring a legal claim against the company must each file a separate claim or participate in a separate arbitration proceeding.

The California Superior Court ruled in favor of the customers, finding that the language in the mandatory arbitration clause prohibiting class action lawsuits or class arbitrations was unconscionable. The federal district court and Ninth Circuit Court of Appeals upheld the state court’s ruling. AT&T then filed a petition for cert with the Supreme Court, which granted it. Oral arguments were heard in November 2010 and a decision is expected later in 2011.

The US Supreme Court’s decision in this case has the potential to have major repercussions on the future of employment class actions. Should the Court decide in favor of AT&T Mobility, employers may be able to include similar anti-class clauses in their employment contracts, effectively killing most types of employment class actions. However, if the Court upholds the Ninth Circuit’s decision, then the ruling could preserve employees’ rights to bring class action claims against their employers.

Dukes v. Wal-Mart (No.10-277)
The Dukes case involves the biggest employment discrimination class action ever filed in the US. With up to 1.5 million potential class members, Dukes tests the bounds of what similarities must be shared by class members in order to certify a class – although it is unclear if the Supreme Court will rule on this question.


The lawsuit alleges that Wal-Mart discriminated against its female employees in its promotion and pay practices. Class members represent every level of employee in the company, from hourly store clerks to salaried managers, as well as employees from more than 3400 stores across the country. Wal-Mart challenged the certification of the class, claiming among other things that the class size is unmanageable and coercive – unmanageable because it would be virtually impossible for the company to defend itself against that many claims and coercive because a class that big forces the company into settling the claims rather than spend the money to litigate the action.

The Ninth Circuit Court of Appeals ruled en banc to uphold the certification of the class. The US Supreme Court granted cert in December and oral arguments are expected in March 2011. The Court, however, granted cert on a narrow procedural question concerning whether the class was properly certified under Rule 23 of the Federal Rules of Civil Procedure. Legal commentators speculate that the Court will use the Dukes case to clarify the standards for certifying class actions, which may include a discussion of the requisite commonality required among the class members.

Should the Court uphold the class certification in Dukes, it could signal a new era in class action litigation, particularly for large, national employers who have violated employee rights on a wide scale.

Smith v. Bayer (No. 09-1205)


The broader issue in the Smith case is whether a federal court has the authority to stop a state court from certifying a class action. In Smith, a group of consumers who had been harmed by a drug manufactured by the pharmaceutical company sought certification as a class from a federal court. The federal court ruled in favor of Bayer and denied certification, holding that the plaintiffs each had to prove how they had been injured by the drug.

Other consumers who had been harmed by the drug, but who were not involved in the first attempt to have the class certified, then filed a class certification request in a West Virginia state court. Once the certification request was filed in state court, Bayer sought an injunction from the federal court to prevent the state action from proceeding. The federal court granted the injunction on the grounds that the class seeking certification from the state court was identical to the class in the case the federal court had already ruled on. The Eighth Circuit Court of Appeals upheld the federal district court’s ruling.

Oral arguments before the US Supreme Court in Smith were held in January 2011. The Court is expected to announce its decision later in the year. During oral arguments, Chief Justice Roberts and Justice Scalia questioned the fairness of precluding a new party from bringing a class action based on another party’s unsuccessful attempt to do so. While much of the Court’s ultimate decision will likely be based on the principles of federalism and separation of powers, a ruling in favor of allowing the state court to certify the class would be a big win for employee class action suits.

Conclusion

Either way the Supreme Court decides these cases, 2011 has the potential to be a year of great significance in defining the future direction and shape of employment class action lawsuits.

The Los Angeles Employment Law Attorneys at Bononi Law Group, LLP are committed to providing quality representation for small and medium-sized businesses, as well as employees. Our combination of effectiveness and affordability helps us fulfill our mission which is to represent and protect interests of all parties facing employment law legal challenges. Our practice areas include, but are not limited to employment discrimination and harassment, class actions and wage claims, medical and family leave, and business law. Contact an experienced attorney from Bononi Law Group, LLP toll-free at 800-641-5548.










Here’s somethin’ for you Disco Bunnies out there!
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Solyndra Employee Files WARN Act Class Action: Outten & Golden’s Roupinian, Raisner

Posted by cemwoodclaim on January 27, 2012
News / 1 Comment

Employees at Solyndra weren’t given 60 days notice about their impending layoffs as required by both federal and state law. Under federal and state legislation called the Worker Adjustment and Retraining Notification Act — or WARN Act, employers must give 60 days notice when making layoffs of more than 50 employees. On Aug. 31, Peter Kohlstadt was one of 1100 Solyndra employees to be let go, effective immediately, with no warning. Two days later, he filed a lawsuit against the company, alleging they failed to give him the 60 days’ notice of layoff required by law, and withheld hundreds of hours worth of vacation pay he had accrued over the previous four years. Since Kohlstadt filed the suit in the US District Court of Northern California, Solyndra filed for Chapter 11 bankruptcy, and about 100 other former Solyndra employees in the same predicament have joined the complaint that Kohlstadt brought on behalf of all 1100 former employees. Kohlstadt is represented in court by Outten & Golden, a New York firm that specializes in unlawful termination and WARN cases and host of LBN’s Employment Law Channel…www.employmentlawchannel.com. Renee’ Roupinian and Jack Raisner with Outten and Golden’s WARN Act practice group tells ELC…”in a bankruptcy case like this the employees come ahead of the creditors.” http
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America Speaks: Jerry from California

Fighting Foreclosure Through Class Action Suits
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US Mortgage Lenders Manage to Avoid Foreclosure Class Lawsuits

Posted by cemwoodclaim on January 11, 2012
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Article by rudsontren

US home loan lenders are poised to keep their cool despite the charges they get due to allegedly mishandling of foreclosure documents. The banks have expressed confidence that they could emerge out of the mess unharmed, although the foreclosure suspensions are beginning to pose impacts on their home loan performances.


Home loan providers like Ally Financial, Bank of America, and JPMorgan Chase continue to resolve probes launched in about 50 states that are aimed at closely looking at their home repossession practices. Aside from that, the lenders are facing numerous big class action lawsuits from several of their customers. The problem about allegedly improper handling of foreclosure documents started in September.


The banks reiterated that they could effectively and successfully avoid most if not all of such huge class action lawsuits. They asserted that in most cases, involved and complaining borrowers could not demonstrate or prove any economic harm on their part. According to lawyers, most of those complaining borrowers are actually lagging behind their responsibilities or payments. Thus, foreclosures are legal.


The home loan lenders took the spotlight when skeptics started questioning whether such banks really cut corners when going into the process of foreclosures and repossessions. The so-called ‘robo-signers’ of documents have been allegedly used to speed up and justify evictions of homeowners. Federal and state watchdogs are currently conducting their respective investigations to look into the matter.


The lenders have recently disclosed several of the legal challenges they face from borrowers or homeowners. However, they emphasize that class action suits they face are still not to be put in a national scope. For instance, Bank of America defended its self from a class action in Indiana by arguing that the borrowers could not demonstrate or prove any economic harm, because they would surely have lost their properties anyway.


Observers note that the legal battle between affected borrowers and home lenders could be far from over. However, they underline the confidence that the mortgage industry exudes, citing their arguments that complainants could hardly prove the injustice they have incurred. But analysts said the positive outcome of the disarray could be that home lending practices could be revamped and made more secured. Meanwhile, the housing market is yet to see how the issue could further affect its position.


Would US mortgage lenders succeed in defending their interests? The housing market could only wait and watch.


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Bank Class Actions – Go to www.BankClassActions.com and register now
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The Dallas Auto Accident Attorneys at Grossman Law Offices File Suit Following a Severe Accident in North Texas

Posted by cemwoodclaim on January 09, 2012
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Dallas, Texas (PRWEB) February 03, 2012

http://www.injuryrelief.com/

After a driver sustained serious injuries in an automotive wreck, he sought the help of qualified attorneys who could aggressively pursue the compensation he desperately needed to fully recover. The victim hired the Dallas auto accident lawyers with Grossman Law Offices to investigate the crash.

The lawsuit (Cause No: 199-04730-2010) was filed within the 199th Judicial District Court of Collin County where the accident occurred. It alleges that the Plaintiff was operating his car in a “lawful, and prudent manner” along the northbound lane of Stacy Road. The Plaintiff was “attempting to turn westbound onto State Highway 121″ when allegedly “suddenly and without warning the Defendant failed to yield the right-of-way, disregarded a stop light, and struck Plaintiff.” As a result of the accident, the victim suffered “serious and permanent injuries and damages.”

Texas car accident lawyer Keith Purdue remarks, “When tasked with obtaining a just recovery from an accident, a Plaintiff always bears the burden of proof, even when they are not at fault. Some firms lack the investigative capacity to fully serve a plaintiff, which is where we try to excel with our in-house team.”

Dallas personal injury attorney Michael Grossman notes, “We filed suit in this matter because despite police reports and eyewitnesses who asserted the Defendant’s alleged negligence, their attorneys contested this liability. Plaintiff’s lawyers are often criticized for their involvement in injury matters, but the fact of the matter is, if people did the right thing, there would not be much need for personal injury firms.”

About Grossman Law Offices:

The Texas wrongful death attorneys at Grossman Law Offices have been helping victims seek the compensation they deserve for over 22 years. If you have been involved in an accident, call us at 1-855-326-0000.

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Are there any class action lawsuits against US Bank about their fees holding of funds but backdating withdraws?

Posted by cemwoodclaim on January 08, 2012
News / 1 Comment

Question by : Are there any class action lawsuits against US Bank about their fees holding of funds but backdating withdraws?

Best answer:

Add your own answer in the comments!

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Latest Mortgage Class Action Lawsuits News

Posted by cemwoodclaim on December 25, 2011
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FinSys Update: Obama: Econ Growing Stronger, Recov Picking Up
[08:30 ET] * The New York State attorney general Friday announced a "major lawsuit" against Bank of America, JP Morgan Chase, and Wells Fargo for submitting false and misleading court documents while acting as certifying officers for Mortgage …
Read more on MNI News

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Are there any class action lawsuits against Bank of America for overdraft fees?

Posted by cemwoodclaim on December 15, 2011
News / 4 Comments

Question by mjg: Are there any class action lawsuits against Bank of America for overdraft fees?
Too many overdrafts are posting to accounts due to Bank of America posting purchases in the order that would cause overdrafts versus having purchases post on the actual day and order they were purchased.
If there isn’t one that has been started, i suggest one be started because they are getting away with murder.
overdraft protection is not the solution to a company that is posting large, later purchased amounts, first.

Best answer:

Answer by Douglas
I hope so..my friend had over 200 bucks in overdrafts..

Give your answer to this question below!

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Latest Class Action Discrimination Lawsuits News

Posted by cemwoodclaim on December 11, 2011
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Female Wal-Mart employees file sex-discrimination claims
By Shan Li More than 500 current and former female employees of Wal-Mart Stores Inc. have filed discrimination claims against the retailer with the US Equal Employment and Opportunity Commission after a national class-action lawsuit was blocked by the …
Read more on Los Angeles Times

Class-Action Discrimination Lawsuits After Wal-Mart
Cintas, one of the first nationwide class action discrimination cases to be argued since the Supreme Court issued its decision in Wal-Mart Stores v. Dukes last June. The court will decide whether women around the country who applied to be sales …
Read more on American Civil Liberties Union News and Information (blog)

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Individuals Versus Company Class Action Lawsuits

Posted by cemwoodclaim on December 03, 2011
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Class action suits supply individuals the ability to match up alongside businesses. Class actions can be really successful if quite a substantial number of class associates who’ve all experienced a rather little loss experienced as a result of business criminality. The legal costs regarding individual members to file individually could be high. And also the hefty burden on the court system will be excessive. The purpose of class actions would be to offer a practical as well as economic solution for mass tort lawsuits.

Class action suits could be brought before the United States federal courts, as governed by Rule 23 from the Federal Rules of Civil Procedure, once the suit entails class members, with popular concerns, across state lines. They can also be brought before the federal court in the event the case is connected with federal law.

Class action lawsuits can even be delivered before state courts.
Different states might have differences in civil regulation and thus might need individual interest or through multi-district litigation. Federal courts are more hostile to class actions than their state counterparts.

The ‘class’ consists of the particular group that have incurred damage or happen to be wronged by a businesses unlawful actions or products. Examples include faulty products for instance medical device defects or antitrust as well as securities lawsuits.

To begin a class action suit, a group need to first be first certified as being a ‘class’ by the court. Before certifying the court will decide if there’s a large number of plaintiffs it would otherwise burden the court to try them individually. They should furthermore choose whether or not this kind of group offers well-known problems and that the claims within the class members must be typical of those of the putative class. The group filing the class action must be thoroughly symbolizing the class. When these requirements are effectively achieved then a class action may be certified. Upon certification all members are informed and also have the chance to opt out. Typically just a few members in the class need be present in the trial. On conclusion any kind of award will likely be divided up amongst all members in the class. Frequently these kinds of lawsuits tend to be resolved out of court. Class actions are rarely resolved quickly and may also frequently take years to come to a final result.

The class action method is not without its detractors. The system is actually held accountable for epidemic amounts of litigation violations within state courts. The detractors declare that juries as well as judges are usually in collusion and team up to award huge settlements. The outcome is definitely an increase in consumer charges.
Class actions really are a thorn within the side of huge corporations. The assistance supply the little guy a much required voice. They also reduce pressure for the legal system. Nevertheless they will have their detractors who’re against the systems and claim that attorneys are the ones who’re truly winning through abusing the system.

Goal Group Limited is widely-acknowledged in the financial services sector for its innovative and creative solutions to highly-specialised niche issues such as class actions, or your class action suit, and class action lawsuits.

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Cool Class Action Lawsuit List images

Posted by cemwoodclaim on November 19, 2011
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A few nice class action lawsuit list images I found:

For McKesson Corporation, the Mission is Price Manipulation (g1a2d0053c1)
class action lawsuit list

Image by watchingfrogsboil
FOR MCKESSON CORPORATION, THE MISSION IS PRICE MANIPULATION
Global Revolution 1: American Revolution 2: Day 53: Communication 1
IronBoltBruce’s Kleptocracy Chronicles for 8 Nov 2011 (g1a2d0053c1)
How many examples of greed and corruption must you see before you act?

With 2010 revenues of 8.7 billion and earnings of .2 billion, McKesson
Corporation ranks #15 on the Fortune 500. It is the nation’s largest
healthcare provider, with pharmaceuticals distribution being the backbone of
the company: One-third of all medicines used in the U.S. run through the
McKesson pipeline. The company is also the dominant player in healthcare
information systems, as more than 70% of our major hospitals use its
technology to digitize prescriptions and patient medical records.

McKesson is also one of the U.S. government’s largest contractors with
billions in federal contracts awarded annually, over .6 billion in 2010
alone. It also ranks high in the POGO (Project On Government Oversight)
Federal Contractor Misconduct Database (FCMD), with 14 documented instances
of misconduct totalling more than .3 billion.

tinyurl.com/7xl7yws

Aside from a history of securities fraud beginning with the infamous
McKesson-Robbins scandal of 1938 to their more recent McKessonHBOC debacle,
the focus of McKesson’s white-collar criminal activity is the manipulation
of prices paid for pharmaceuticals. As they compete with the CIA for the
"America’s Drug Dealer" moniker, obviously the more they charge for each
prescription that moves through their pipeline the more money they make.
Here’s a judge’s description of how one of their recent schemes worked:

"Beginning in 2001, FDB and McKesson reached a secret agreement to raise the
markup between WAC (wholesale average cost)and AWP (average wholesale price)
from its standard 20% to 25% for over four hundred drugs. … McKesson
communicated these new 25% WAC to AWP markups to FDB, which then published
AWPs with the new markup… McKesson has estimated that by 2002, 95% of all
prescription drug manufacturers used the inflated 25% markup, and by 2004,
99% of all prescription drug manufacturers did so. … The scheme ended on
March 15, 2005, when FDB told its customers that it would ‘no longer survey
drug wholesalers for information relating to’ AWP. The scheme resulted in
higher profits for retail pharmacies that purchase drugs on the basis of WAC
but are reimbursed on the basis of AWP, a differential called ‘the spread’.
… McKesson implemented the scheme in order to provide a greater ‘spread’
to important retail pharmacy clients like Rite Aid as well as to its own
pharmacy related businesses."

Nobody went to jail over this, but thanks to a class-action lawsuit McKesson
was forced to pay a 0 million penalty:

"The prices of about 1,400 branded drugs are about to get a little cheaper
because of a 2.7 million class action settlement with wholesale drug
distributor McKesson… In addition to the payment, the prices of 1,442
medicines will be lowered by 4 percent, according to a federal court
ruling… The court-approved deal wraps up a lengthy case in which McKesson
and First Databank were accused of engaging in a ‘racketeering enterprise to
fraudulently increase the published ‘average wholesale price’ (‘AWP’) of
over four hundred branded drugs by five percent from late 2001 to 2005,’
Judge Patti Saris wrote. MediSpan published the same false prices…
Affected drugs include Lipitor, Claritin, Prozac, Nexium, Plavix, Allegra,
Wellbutrin, Ambien, Prilosec, Zantac, Valtrex, Zyprexa, Celebrex, Imitrex,
Risperdal, Seroquel, and Neurontin."

tinyurl.com/7feoxy3

In April 2011 the U.S. Supreme Court decision in the "AT&T Mobility v.
Concepcion" case made it easy for corporations to shield themselves from
class action lawsuits like this going forward. But even if that shield is
taken away, McKesson has an ample 2 million litigation reserve set aside
so they can continue to focus on profits regardless of propriety:

tinyurl.com/7evs5bx

Related Image:

www.dc37.net/news/pep/12_2008/images/25drugCartoon.jpg

Related Videos:

www.youtube.com/watch?v=1XsJfn2Kd_0

www.youtube.com/watch?v=mDQVxT81mpQ

This document contains links shortened using tinyurl.com to
facilitate emailing. If you are concerned that we would use them to cloak
phishing or malware, you should open them with this: longurl.org

###

SHOW ME WHAT KLEPTOCRACY LOOKS LIKE! THIS IS WHAT KLEPTOCRACY LOOKS LIKE!

Kleptocracy [klep-TOK-ruh-see]: A government or state in which those in
power exploit national resources and steal; rule by a thief or thieves. See
also the United States of America where, as Goethe said, "None are more
hopelessly enslaved than those who falsely believe they are free." Want
documented examples of the corporate greed that corrupts our government and
fuels the Revolution? Find dozens here, with more to come:

kleptocracychronicles.com

###

IT IS NO COINCIDENCE THAT OF THE LAST 14 U.S. PRESIDENTS, 7 HAVE BEEN
DEMOCRATS AND 7 HAVE BEEN REPUBLICANS.

Our Kleptocracy-controlled media focuses on America’s two-year election
cycles as if who wins or loses in the swinging of the pendulum was a matter
of life or death, when in fact even at the Presidential level it makes no
more difference than the outcomes of Monday Night Football, American Idol,
Dancing With The Stars, Hillbilly Handfishing or the trial of Michael
Jackson’s doctor. U.S. elections are staged primarily to give Sheeple the
illusion of control so they will (a) vent their frustrations and expend
their energy, emotions and resources supporting or attacking the Puppet on
the Left hand or the Puppet on the Right, and consequently (b) never
recognize and challenge the common omnipotent Puppetmaster.

There was no real change in 2008. There was no real change in 2010. There
WILL be real change in 2012, but it won’t be coming from tele-brainwashed
couch potatoes, manipulated voter lists, rigged voting machines or
predetermined ballot counts. It will be coming from us…

The 99 Percent

corporategreedchronicles.com

###

I AM NOT ANONYMOUS. I AM AN AMERICAN.

I am not just a Consumer. I am a Citizen.

I will no longer be labeled Left or Right, Liberal or Conservative,
Demopublican or Republocrat.

I will no longer follow Puppets labeled Left or Right, Liberal or
Conservative, Demopublican or Republocrat.

I am the People. And I am coming for the Puppetmasters.

I am part of the 99 Percent. And I demand the following:

1. End the Fed.
2. Reverse Citizens United.
3. Repeal PATRIOT Act.
4. Expose 9/11 Truth.
5. End Profit Wars.
6. Refund Taxpayer Trillions.
7. Imprison the Kleptocrats.
8. Single Term Limits.

Or, if these demands are not addressed promptly:

1. Regime Change.

ironboltbruce.com

###

LABELS (A POEM OF PROTEST)

"Democrat", "Republican",
The parties of the system;
Puppets both, for sale their votes,
No character or wisdom.

"Liberal", "Conservative",
For change or status quo?
Pick either one, the change is none,
All charlatans and whores.

Far "Left" we place the Anarchists,
Libertarians claim far "Right";
Yet both decry the government:
False continuum brought to light.

For oil, "We" bomb their mud huts,
Strip them bare, then offer "Aid";
And fake their retribution as
Pretext – a false flag raised.

Unarmed hundred thousands killed
By weapons of "Defense",
While rights are lost for "Freedom" sake -
On profit, all depends.

With stroke of pen, the "Patriot" Act,
And patriots’ gifts are taken;
Then "Citizens United" leaves
Our citizens forsaken.

We protest loss of liberties,
Put "World Wide Web" to use;
Cloudmark Authority censors us
For "messaging abuse".

They label us to finger-point,
With labels, "They" deride us;
Their labels keep us all at bay,
For with labels, "They" divide us.

ldrlongdistancerider.com

###

JOIN THE GLOBAL REVOLUTION!

Occupy Wall Street/OWS:

occupywallst.org/

Occupy DC/Stop the Machine:

october2011.org/

Occupy Together:

occupytogether.org/

Watch these Videos:

tinyurl.com/kleptocracytutorial

Take this Pledge:

wp.me/p19dS3-9o

How many examples of greed and corruption must you see before you act?

corporatecriminalsexposed.com

###

PLEASE HELP US STAY IN THIS FIGHT…

Freedom isn’t Free! The revolution needs resources, folks: Your donations
will be used to pay our living and operating expenses so we can continue to
devote our full time and attention to informing the People and exposing the
Kleptocracy pulling all strings Left and Right. Any amount you can spare
will make a difference, so please click or go here today:

www.wepay.com/donate/ironboltbruce

Rise Up! The System Is Broken!
class action lawsuit list

Image by watchingfrogsboil
AN OPEN LETTER TO SENATOR PATTY MURRAY, MEMBERS OF CONGRESS AND THE SUPER
COMMITTEE
Submitted by Barbara & J. Glenn Evans ( www.poetswest.com )
Endorsed & Forwarded by Bruce Arnold ( ironboltbruce.com )
10 September 2011

Why the Budget Deficit?

The wrong steps taken by the Bush and Obama administrations and enabled by
Congress following 9/11 by as yet unproven individuals has compromised
America’s economy and actually weakened its security. The minions in
government displayed incredible incompetence and downright dishonesty in the
government’s response. Bush, Obama and Congress also took this nation into
war on credit while giving tax cuts to the wealthy and to corporations. The
costs of these endless wars and the continued tax cuts are the direct cause
of today’s budget deficit. To add to the venality, Wall Street and the
Federal Reserve committed fraud in the housing bubble that led to a consumer
boom and bust.

Economist Joseph Stiglich estimated the cost of the government’s colossal
and blundered wars at -5 trillion and the costs are still mounting. These
costs include that of returning troops who will require disability payments,
estimated at 0-900 billion. This does not take into account the
incalculable social costs, reflected in veteran suicides, family break-ups,
etc.

Working Americans, the poor and senior citizens have not contributed one
dime to the budget deficit. Social Security is a trust fund paid into by
working Americans and that fund is on course to be solvent for at least two
decades. Congress "borrows" from the trust fund, then relabels it as an
"entitlement", a pejorative label, and dumps the repayment obligation into
the general fund. Social Security is a trust fund, not an entitlement!!
Obama now wants Congress to renew the 2% payroll tax cut approved in
December, which predictably will jeopardize future Social Security
recipients. This just plays into the hands of those in Congress who want to
privatize Social Security and let Wall Street get its hands on the trust
fund.

The makeup of the so-called Super Committee sends a mixed message and gives
the impression that vested interests will prevail. As noted in accompanying
materials, its members are recipients of huge bribes from Wall Street and
other special interests. Two Democrats serve on the Senate Finance
Committee. Senator Murray is from a state with huge military interests.

Congress, the Extreme Court and both houses of Congress are totally corrupt.
The construction of a so-called Super Committee demonstrates yet again the
total disconnect between Congress and the American people. Congress has
abdicated its responsibility by delegating the final decision-making on the
budget to a "gang of twelve." We remember back in the sixties, Mario Savio
said, "There’s a time when the operation of the machine becomes so odious –
makes you so sick at heart — that you can’t take part. You can’t even
passively take part. And you’ve got to put your bodies upon the gears and
upon the wheels, upon the levers, upon all the apparatus, and you’ve got to
make it stop. And you’ve got to indicate to the people who run it, to the
people who own it, that unless you’re free, the machine will be prevented
from working at all."

You cannot point to an austerity program that improved the economic health
of a nation. This fight is a no-brainer and it is a fight that must not be
compromised by Obama or by the so-called Super Committee. All the gimmickry
and political theater must be discarded and discussion must focus on
economic and social justice. Otherwise, you will be responsible for
incalculable and unforeseen consequences. Are you willing to take this risk?

FAILURES OF CONGRESS TO REPRESENT THE INTERESTS OF THE AMERICAN PEOPLE

Virtually every problem facing this nation can be laid at the feet of
Congress, as outlined below:

Ongoing wars of aggression and military occupation of other countries and
maintaining more than 700 military bases around the globe. Unlimited
spending on predatory foreign wars while our infrastructure crumbles and our
people go hungry and unsheltered. The military budget of the US exceeds
that of all other nations combined. Why does the US continue to occupy
Okinawa? The Japanese people do not want US military stationed there.

Repeal of the Glass-Steagall Act that allowed the fraudulent speculation
extravaganza that caused the financial meltdown. Bailouts of the Wall
Street casinos with little or no regulatory oversight. Failure to hold
banksters accountable for their criminal actions.and then taking no
corrective action to prevent the reoccurrence of fraudulent activity by Wall
Street banksters.

Maintaining unfair tax programs that allow loopholes and excessive tax
breaks for the rich and the corporations to the neglect of the working and
middle class that allows an undue proportion of the nation’s wealth to
accumulate in the hands of a few to the neglect of the many. The resources
of the earth are here for all life, not for just a select few. Why should
certain people be able to accumulate enough wealth for a 1,000 lifetimes
while 1,000 people go hungry?

Allowing corporate welfare and corporate interests to prevail at the expense
of the general welfare of the citizens of this nation.

Failure to provide a responsible health care system for the American people.
Seventy percent of the American people and sixty percent of the doctors in
this nation want Single Payer health system, one that would cost less per
capita and provide improved health care outcomes. Congress repeatedly
ignores public opinion and denigrates the participation of citizens in the
political process. What Congress did pass was a free ride for the insurance
industry. Congress even passed legislation banning negotiations on drug
pricing.

Defunding of regulatory agencies and departments, including EPA, FDA, Food
Safety and Inspection, Education, etc.

Ongoing funding of the so-called war on drugs: Legalization and regulation
would eliminate or reduce the criminal elements, including the exportation
of arms into Mexico, reduce the costs to taxpayers of the myriad federal
agencies involved, reduce the cost and number of people being incarcerated,
and add to the tax base by collection of tax revenues.

Eliminating the usury laws that allow predatory lending on the unwary and
helpless.

Allowing the exponential rise in secret national security agencies to commit
all kinds of crimes against humanity, including assassination of leaders in
other countries under the guise of fighting terrorism. We can expect a
flurry of lawsuits being filed by citizens of other nations who have been
subject to rendition, torture, unlawful imprisonment, and military courts,
all abetted by both administrations and Congress.

Passage of laws without reading them, including the Patriot Act, and failure
to take action to rescind the most offensive provisions. Failure of
oversight of Homeland Security and myriad other federal agencies that abuse
the Constitutional rights of American citizens.

Lack of Congressional reforms to set term limits, limit campaign funding and
time spent on reelection campaigning. We elect representatives to represent
citizens of this nation, not spend their paid time campaigning and seeking
campaign funds for the next election months, even years ahead of time.
Members of both houses of Congress act to favor their careers, rather than
as representatives of their constituents.

Lack of follow-through from Congressional committee hearings that leads to a
feeling of no confidence by American citizens in the government. Committee
hearings have been compared to dog and pony shows.

Failure of Congress to impeach members of the Extreme Court in its Citizens
United decision, a decision that undermines the will and participation of
the American people in decision-making affecting their own welfare.

Allowing and encouraging the privatization of our public schools, prisons,
and other vital systems that belong in the public sector.

Contracting private security firms to do the jobs that government agencies
and the military should be doing at much lower costs to the taxpayers.

Continuing to fund the rogue state of Israel that has been committing crimes
against humanity in Palestine and killing American citizens, including the
crew on the USS Liberty, Rachael Corrie and Furkan Dogan, with no
compensation and no apologies. The US government takes no responsibility
for the safety of its own citizens.

Failure to provide a thorough investigation of 9/11 and bringing to justice
those actually responsible.

Failure to conduct hearings into the war crimes of the Bush Administration.

Media consolidation: The Telecommunications Act of 1996 was supposed to
increase competition but its failures are demonstrated in the weakness of
the Fairness doctrine and other abuses. Media consolidation has resulted in
a general dumbing down of the general public.

The blatant hypocrisy of the US government in its rhetoric and its actual
policies on its relationships with dictators throughout the world and
specifically that of Saddam Hussein and Colonel Muammar Qaddaffi, and
others, too numerous to name here.

The abdication of Congress in transferring the responsibility for printing
the currency of this nation from the US Treasury to the Federal Reserve and
then paying interest on its loans.

Remember that the US Constitution places the sovereignty of this nation with
the people, not with Congress, its legions of lobbyists, the corporations,
the Extreme Court, or the White House.

Congress, as an institution, is a failure. The system is broken.

###

Copyright (c) 2011 J. Glenn Evans and Barbara Evans
(Feel free to copy and distribute as broadly as possible)

J. Glenn Evans, Managing Director
ACTIVISTS FOR A BETTER WORLD
1100 University St., #17A
Seattle WA 98101
206.682.1268
JGE@poetswest.com
www.poetswest.com

J. Glenn Evans: Founder of Activists for a Better World, PoetsWest and
hosts PoetsWest at KSER 90.7FM, a weekly radio show, and is author of four
books of poetry: Deadly Mistress, Window in the Sky, Seattle Poems and
Buffalo Tracks, author of two novels, Broker Jim and Zeke’s Revenge, several
political essays including a chapbook called Uncommon Common Sense. Evans
is a former stockbroker-investment banker, part Cherokee and native of
Oklahoma and has lived in Seattle since 1960. Worked in a lumber mill,
operated a mining company and co-produced a movie, Christmas Mountain, with
Mark Miller, staring Slim Pickens. Evans, an award-winning poet and in
addition to poetry books is author several local community histories
including a history of Seattle’s Pike Place Market and has been published
many literary Journals. Listed in Who’s Who in America and Who’s Who in the
World.

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