• Deep State – Globalist Tyranny Themed VIDEOS PT 2
    https://tinyurl.com/2jxxz5pa

    SUMMARY: This is PART TWO of a series of videos that demonstrate there is a Left-Wing/Globalist Agenda that if left unchecked, will continue to erase Constitutional Liberties instituted by America’s Founding Fathers. That erasure has been going on for Decades. Trump’s TOO BIG TO RIG reelection might grant a pause to that Leftist Agenda, but the Oligarch Elitists will continues to nullify WE-THE-PEOPLE if we fail to remain vigilant. …REMAIN VIGILANT & WATCH VIDEOS!
    #RemainVigilant #StopDeepState
    Deep State – Globalist Tyranny Themed VIDEOS PT 2 https://tinyurl.com/2jxxz5pa SUMMARY: This is PART TWO of a series of videos that demonstrate there is a Left-Wing/Globalist Agenda that if left unchecked, will continue to erase Constitutional Liberties instituted by America’s Founding Fathers. That erasure has been going on for Decades. Trump’s TOO BIG TO RIG reelection might grant a pause to that Leftist Agenda, but the Oligarch Elitists will continues to nullify WE-THE-PEOPLE if we fail to remain vigilant. …REMAIN VIGILANT & WATCH VIDEOS! #RemainVigilant #StopDeepState
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  • THE FINAL EXPERIMENT AFTERMATH - WHERE'S THE GUNS NATHAN?

    I said it was BS from the beginning!
    I figured it would turn into the EXACT #PROPAGANDA PIECE it has been!

    These people CANNOT produce ANY measurements demonstrating
    "Earth Curvature" so they have to turn to the SKIES!
    Truly PATHETIC

    You CANNOT look to the SKY to determine the SHAPE OF THE EARTH
    beneath your feet!

    That is the equivalent of examining the ocean bottom
    to determine the shape of the sky

    Anyone who THINKS that the SHAPE OF THE EARTH can be determined by looking up into SKY is a moron, and definitely a few bricks shy of a load!

    https://old.bitchute.com/video/jNgTKMvE10f2/
    THE FINAL EXPERIMENT AFTERMATH - WHERE'S THE GUNS NATHAN? I said it was BS from the beginning! I figured it would turn into the EXACT #PROPAGANDA PIECE it has been! These people CANNOT produce ANY measurements demonstrating "Earth Curvature" so they have to turn to the SKIES! Truly PATHETIC You CANNOT look to the SKY to determine the SHAPE OF THE EARTH beneath your feet! That is the equivalent of examining the ocean bottom to determine the shape of the sky Anyone who THINKS that the SHAPE OF THE EARTH can be determined by looking up into SKY is a moron, and definitely a few bricks shy of a load! https://old.bitchute.com/video/jNgTKMvE10f2/
    OLD.BITCHUTE.COM
    The Final Experiment Aftermath - Where's The Guns Nathan?
    As "The Final Experiment" aftershock reverberations begin. Nathan Oakley brings his facts. Austin Witsit gives his reasons. And McToon loses his mind! ---- Please remember to comment, rate and share this video with others if you've enjoyed it. Su…
    0 Yorumlar 0 hisse senetleri 232 Views

  • USAA Punished for it Claims Handling

    Punitive Damages Should be Awarded With Caution and Within Narrow Limits

    Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    Posted on December 19, 2024 by Barry Zalma

    DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH

    Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes.
    FACTS

    Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood.

    The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages.

    In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims.

    The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error.

    Trial

    To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding.

    Punitive Damages

    Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights.

    Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced.

    USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here.

    The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell.

    A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees.

    CONCLUSION

    In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid.

    ZALMA OPINION

    This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA.

    In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Yorumlar 0 hisse senetleri 847 Views
  • What NJ Mystery Drones Demonstrate – GOVT LIES!
    https://tinyurl.com/4zvku829

    SUMMARY: Let’s talk about the so-called Mystery Drones flying over New Jersey. … AND YET officially the lying government is saying the equivalent of, “Nothing to see here, all is well.” Frankly that is probably HOGWASH! … My guess: The concern is the construction of a dirty bomb. And gee whiz, you’ve heard or read all those reports of Illegal Aliens from Drug Cartels, Islamic Terrorists, CCP military-spy operators and so on… MORE TO READ & WATCH!
    #NJMysteryDrones #GovtLies
    What NJ Mystery Drones Demonstrate – GOVT LIES! https://tinyurl.com/4zvku829 SUMMARY: Let’s talk about the so-called Mystery Drones flying over New Jersey. … AND YET officially the lying government is saying the equivalent of, “Nothing to see here, all is well.” Frankly that is probably HOGWASH! … My guess: The concern is the construction of a dirty bomb. And gee whiz, you’ve heard or read all those reports of Illegal Aliens from Drug Cartels, Islamic Terrorists, CCP military-spy operators and so on… MORE TO READ & WATCH! #NJMysteryDrones #GovtLies
    0 Yorumlar 0 hisse senetleri 554 Views
  • Epstein/Diddy client list

    Here is a list of some of the Satanists endorsing/supporting Kamala Harris because they are on the Epstein/Diddy client list.
    There are also designers, filmmakers, directors, writers, comedians, actors, actresses, producers, politicians, media personalities, TV presenters, loads of musicians, novelists, poets, authors, sports, football. The list is endless.

    And that’s only some of them. That’s a sh*t load of blackmail they have on these people. The lists are being released in real time through the Kamala endorsements. Great way to expose these demons.

    There’s so many big names being dropped, like we haven’t listed all of them. To be continued.
    https://x.com/MelGibsonNew/status/1868425946753302768
    Epstein/Diddy client list Here is a list of some of the Satanists endorsing/supporting Kamala Harris because they are on the Epstein/Diddy client list. There are also designers, filmmakers, directors, writers, comedians, actors, actresses, producers, politicians, media personalities, TV presenters, loads of musicians, novelists, poets, authors, sports, football. The list is endless. And that’s only some of them. That’s a sh*t load of blackmail they have on these people. The lists are being released in real time through the Kamala endorsements. Great way to expose these demons. There’s so many big names being dropped, like we haven’t listed all of them. To be continued. https://x.com/MelGibsonNew/status/1868425946753302768
    0 Yorumlar 0 hisse senetleri 772 Views
  • THE FINAL ENSLAVEMENT OF MANKIND
    IS UPON US ⛓ EVERYTHING IS GOING AS PLANNED.

    If you live in fear THE DEMONS OWN YOUR MIND!
    One of the most repeated (If not THE most repeated)
    phrases in the bible is "FEAR NOT," and YOU need to live by those words!


    The Most High did NOT give us a spirit of FEAR!
    He gave us a spirit of BOLDNESS and STRENGTH in the face of adversity!


    He put us here "as sheep in the midst of wolves" and told us plainly in Matthew 10:16

    “Behold, I send you forth as sheep in the midst of wolves: be ye therefore wise as serpents, and harmless as doves.”

    And that is what we are!
    But we are NOT "Harmless" when it comes to defending our own lives...
    Our children and grandchildren's lives! We may get MEAN in the face of #Evil!

    And it is time to get MEAN!
    It is time to send some #Traitors, Wolves, and supposed "#Government" to the
    prisons these same people built for US!

    My Father is a WARRIOR and a "Man of WAR"
    Don't believe me???

    Exodus 15:3 The LORD is a man of war: the LORD is his name.
    Which SHOULD READ "Yahuwah is a man of war: Yahuwah is His name."

    Our Father HAS A NAME!
    And it is NOT "the Lord"

    Ba'al is called "The Lord" and I don't worship Ba'al!
    Yahuwah put us here in His Image!

    And like it says... Yahuwah is a MAN OF WAR!
    It is time that YOU declare WAR on those trying too #Murder you!


    https://old.bitchute.com/video/ZwyoMNrmTqbD/
    THE FINAL ENSLAVEMENT OF MANKIND IS UPON US ⛓ EVERYTHING IS GOING AS PLANNED. If you live in fear THE DEMONS OWN YOUR MIND! One of the most repeated (If not THE most repeated) phrases in the bible is "FEAR NOT," and YOU need to live by those words! The Most High did NOT give us a spirit of FEAR! He gave us a spirit of BOLDNESS and STRENGTH in the face of adversity! He put us here "as sheep in the midst of wolves" and told us plainly in Matthew 10:16 “Behold, I send you forth as sheep in the midst of wolves: be ye therefore wise as serpents, and harmless as doves.” And that is what we are! But we are NOT "Harmless" when it comes to defending our own lives... Our children and grandchildren's lives! We may get MEAN in the face of #Evil! And it is time to get MEAN! It is time to send some #Traitors, Wolves, and supposed "#Government" to the prisons these same people built for US! My Father is a WARRIOR and a "Man of WAR" Don't believe me??? Exodus 15:3 The LORD is a man of war: the LORD is his name. Which SHOULD READ "Yahuwah is a man of war: Yahuwah is His name." Our Father HAS A NAME! And it is NOT "the Lord" Ba'al is called "The Lord" and I don't worship Ba'al! Yahuwah put us here in His Image! And like it says... Yahuwah is a MAN OF WAR! It is time that YOU declare WAR on those trying too #Murder you! https://old.bitchute.com/video/ZwyoMNrmTqbD/
    OLD.BITCHUTE.COM
    THE FINAL ENSLAVEMENT OF MANKIND IS UPON US ⛓ EVERYTHING IS GOING AS PLANNED.
    THE FINAL ENSLAVEMENT OF MANKIND IS UPON US ⛓ EVERYTHING IS GOING AS PLANNED. on December 16th, 2024. BAIT AND SWITCH IS THE NAME OF THE GAME Recall the falling people on 9/11? You were watching a MOVIE 🎥 You witnessed projections of people falling…
    1 Yorumlar 0 hisse senetleri 486 Views
  • https://medforth.biz/pro-palestine-demonstrators-storm-police-building-in-berlin-germany/
    https://medforth.biz/pro-palestine-demonstrators-storm-police-building-in-berlin-germany/
    0 Yorumlar 0 hisse senetleri 149 Views
  • EGYPT - GIANT UNDERGROUND SUBWAY SYSTEM FOUND UNDER THE SPHINX & MORE! - DOCUMENTARY MOVIE

    Just remember... "THERE IS NOTHING NEW UNDER THE SUN"
    And that goes for today's technology, schemes, #Crimes, #Evil etc...

    There is NOTHING new under the sun!
    There is no such thing as "Aliens" folks, but demons are real!

    Fallen Angels are REAL
    Evil is definitely real!

    And it has existed a long time!
    The Most High has wiped Evil from the face of the earth at least ONCE!

    And has given His word that He will do it again!
    He NEVER breaks His promises!

    This stuff really is interesting....
    But when you put it into the proper context....

    And you are aware that "There were GIANTS in the world in those days" all of this stuff becomes a little less mysterious! WHERE do you think that the evil scumbags of today got their "technology?"

    Blood Sacrifices for technology would be my guess!

    Genesis 6:4
    “There were giants in the earth in those days; and also after that, when the sons of God came in unto the daughters of men, and they bare children to them, the same became mighty men which were of old, men of renown.”

    "Aliens" don't exist, you live in a terrarium!
    But EVIL does exist... and it's inside the terrarium with you!

    So you better WAKE UP!

    https://old.bitchute.com/video/6SQQkF4peWwg/
    EGYPT - GIANT UNDERGROUND SUBWAY SYSTEM FOUND UNDER THE SPHINX & MORE! - DOCUMENTARY MOVIE Just remember... "THERE IS NOTHING NEW UNDER THE SUN" And that goes for today's technology, schemes, #Crimes, #Evil etc... There is NOTHING new under the sun! There is no such thing as "Aliens" folks, but demons are real! Fallen Angels are REAL Evil is definitely real! And it has existed a long time! The Most High has wiped Evil from the face of the earth at least ONCE! And has given His word that He will do it again! He NEVER breaks His promises! This stuff really is interesting.... But when you put it into the proper context.... And you are aware that "There were GIANTS in the world in those days" all of this stuff becomes a little less mysterious! WHERE do you think that the evil scumbags of today got their "technology?" Blood Sacrifices for technology would be my guess! Genesis 6:4 “There were giants in the earth in those days; and also after that, when the sons of God came in unto the daughters of men, and they bare children to them, the same became mighty men which were of old, men of renown.” "Aliens" don't exist, you live in a terrarium! But EVIL does exist... and it's inside the terrarium with you! So you better WAKE UP! https://old.bitchute.com/video/6SQQkF4peWwg/
    OLD.BITCHUTE.COM
    EGYPT - GIANT UNDERGROUND SUBWAY SYSTEM FOUND UNDER THE SPHINX & MORE! - DOCUMENTARY MOVIE
    ⚠️ 12 - 14 -14 - https://old.bitchute.com/video/5v9fuoP3EuRV/ ⚠️ 12 - 13-24 - https://old.bitchute.com/video/qLnbsPtV080k/ ⚠️ THE 12 DIMENSION HOLOGRAM MATRIX - https://old.bitchute.com/video/Fupyt7b78Lh0/ ⚠️ NEW JERSEY DRONES - https://ol…
    0 Yorumlar 0 hisse senetleri 571 Views
  • No doubt that one of the reasons to do away with a land line, Cell phones give the demons easier access to everyone. Also EVERYTHING else "smart" Thank you!

    How Contact Tracing Was Silently Forced on Millions Without Consent
    Think you’re in charge of what’s installed on your phone? Think again.
    https://vigilantfox.news/p/how-contact-tracing-was-silently?publication_id=975571&post_id=152432623&isFreemail=false&token=eyJ1c2VyX2lkIjo5NzkxNjY0MywicG9zdF9pZCI6MTUyNDMyNjIzLCJpYXQiOjE3MzMxNTE5ODUsImV4cCI6MTczNTc0Mzk4NSwiaXNzIjoicHViLTk3NTU3MSIsInN1YiI6InBvc3QtcmVhY3Rpb24ifQ.aiu_xzT9ZpLk1_ByOr4jJiSmxYRsgzbwPs13ajP0fHs&r=1maoyr&triedRedirect=true
    No doubt that one of the reasons to do away with a land line, Cell phones give the demons easier access to everyone. Also EVERYTHING else "smart" Thank you! How Contact Tracing Was Silently Forced on Millions Without Consent Think you’re in charge of what’s installed on your phone? Think again. https://vigilantfox.news/p/how-contact-tracing-was-silently?publication_id=975571&post_id=152432623&isFreemail=false&token=eyJ1c2VyX2lkIjo5NzkxNjY0MywicG9zdF9pZCI6MTUyNDMyNjIzLCJpYXQiOjE3MzMxNTE5ODUsImV4cCI6MTczNTc0Mzk4NSwiaXNzIjoicHViLTk3NTU3MSIsInN1YiI6InBvc3QtcmVhY3Rpb24ifQ.aiu_xzT9ZpLk1_ByOr4jJiSmxYRsgzbwPs13ajP0fHs&r=1maoyr&triedRedirect=true
    VIGILANTFOX.NEWS
    How Contact Tracing Was Silently Forced on Millions Without Consent
    Think you???re in charge of what???s installed on your phone? Think again.
    0 Yorumlar 0 hisse senetleri 440 Views

  • Trial Must Proceed Under Plaintiff’s True Name

    Fraud Defense Insufficient to Allow Plaintiff to Sue Under Pseudonym

    Post 4944

    Read the full article at https://www.linkedin.com/pulse/trial-must-proceed-under-plaintiffs-true-name-barry-zalma-esq-cfe-zc7ic/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    LITIGANTS MUST NOT HIDE THEIR IDENTITY

    Plaintiff sued State Farm under a pseudonym. The Court subsequently issued an order requiring Plaintiff to proceed using his actual name. Plaintiff appealed that order, and he now seeks to stay the Court’s order while his appeal is pending in James Doe v. State Farm General Insurance Company, No. 23-cv-04734-JSC, United States District Court, N.D. California (November 26, 2024).

    BACKGROUND

    Plaintiff alleged State Farm improperly and in bad faith denied coverage for his claim involving a lost wristwatch that retails at approximately $30,300. He filed his complaint under the pseudonym “James Doe,” insisting a pseudonym was necessary “to protect his privacy, his family, his reputation, and his livelihood, because he has been struggling with mental illnesses.”

    The Court rescinded its order permitting Plaintiff to proceed anonymously.

    At a ZOOM hearing the Court informed Plaintiff his actual name appeared on the Zoom screen. Although Plaintiff had yet to file a motion to stay the Court’s order requiring him to proceed under his actual name. The Court denied State Farm’s motion as to the breach of contract and wrongful policy cancellation claims. Jury trial is scheduled to commence in May 2025.

    DISCUSSION

    Parties may use pseudonyms in the unusual case when nondisclosure of the party’s identity is necessary to protect a person from harassment, injury, ridicule or personal embarrassment. Plaintiff based his claim for anonymity on two grounds:

    1. Plaintiff argues anonymity is necessary because he has revealed highly sensitive and personal matters about himself, his mental illnesses and physical injuries in the course of the case. Yet, Plaintiff did not identify where in the record those highly sensitive matters are discussed. Plaintiff has not sought to redact any portions of his filings, assuming anything in them may be concealed from the public. So, Plaintiff is unlikely to prevail on this theory.
    2. Plaintiff argues anonymity is necessary because the accusation of insurance fraud will ruin his reputation for honesty before a jury has passed judgment on his credibility and honesty at trial. Plaintiff states the case involves grave social stigmatization to Plaintiff because he has been accused of committing or seeking to commit insurance fraud.

    The USDC noted that Plaintiff showed no reasonable probability that an insurer’s material misrepresentation defense transforms a breach of contract claim into a matter of sensitive and highly personal nature, Here, Plaintiff is seeking coverage for a lost wristwatch. If an accusation of insurance fraud were sufficiently stigmatizing to warrant anonymity, then plaintiffs could proceed anonymously virtually anytime they challenge an insurer’s denial of coverage on the basis of a material misrepresentation. The Ninth Circuit’s mandate requires that parties only use pseudonyms in the unusual case.

    IRREPARABLE INJURY

    Plaintiff failed to demonstrate he will be irreparably injured absent a stay. The injury Plaintiff fears has already occurred to some extent by Plaintiff’s own doing. He appeared at a public hearing using his actual name. Further, in its recent summary judgment order, the Court concluded there was a dispute of fact as to whether Plaintiff intentionally concealed or misrepresented a material fact or circumstance relating to his insurance. At this point in this proceeding, there has been no finding of insurance fraud.

    HOIST ON HIS OWN PETARD

    Given that Plaintiff himself proceeded at a public hearing without taking steps to prevent the very disclosure he claims is so injurious, Plaintiff has not met his burden on the irreparable injury factor. As summary judgment was denied on the breach of contract claim, the case is proceeding to trial. The public interest lies in transparent and public court proceedings, especially trials.

    The Court denied Plaintiff’s motion to stay the order requiring Plaintiff to proceed under his actual name.

    ZALMA OPINION

    Pursuing litigation under a pseudonym because the defendant insurer claimed the Plaintiff attempted insurance fraud because his mental health and reputation would be harmed by the claims is insufficient. First, Plaintiff chose to sue State Farm. He could protect his mental health and reputation by not suing. Second, he was willing to attend a Zoom hearing with his true name showing, thereby effectively waiving the claim of anonymity. It could easily be concluded that he has sued under a pseudonym because he was embarrassed he was caught.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Trial Must Proceed Under Plaintiff’s True Name Fraud Defense Insufficient to Allow Plaintiff to Sue Under Pseudonym Post 4944 Read the full article at https://www.linkedin.com/pulse/trial-must-proceed-under-plaintiffs-true-name-barry-zalma-esq-cfe-zc7ic/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. LITIGANTS MUST NOT HIDE THEIR IDENTITY Plaintiff sued State Farm under a pseudonym. The Court subsequently issued an order requiring Plaintiff to proceed using his actual name. Plaintiff appealed that order, and he now seeks to stay the Court’s order while his appeal is pending in James Doe v. State Farm General Insurance Company, No. 23-cv-04734-JSC, United States District Court, N.D. California (November 26, 2024). BACKGROUND Plaintiff alleged State Farm improperly and in bad faith denied coverage for his claim involving a lost wristwatch that retails at approximately $30,300. He filed his complaint under the pseudonym “James Doe,” insisting a pseudonym was necessary “to protect his privacy, his family, his reputation, and his livelihood, because he has been struggling with mental illnesses.” The Court rescinded its order permitting Plaintiff to proceed anonymously. At a ZOOM hearing the Court informed Plaintiff his actual name appeared on the Zoom screen. Although Plaintiff had yet to file a motion to stay the Court’s order requiring him to proceed under his actual name. The Court denied State Farm’s motion as to the breach of contract and wrongful policy cancellation claims. Jury trial is scheduled to commence in May 2025. DISCUSSION Parties may use pseudonyms in the unusual case when nondisclosure of the party’s identity is necessary to protect a person from harassment, injury, ridicule or personal embarrassment. Plaintiff based his claim for anonymity on two grounds: 1. Plaintiff argues anonymity is necessary because he has revealed highly sensitive and personal matters about himself, his mental illnesses and physical injuries in the course of the case. Yet, Plaintiff did not identify where in the record those highly sensitive matters are discussed. Plaintiff has not sought to redact any portions of his filings, assuming anything in them may be concealed from the public. So, Plaintiff is unlikely to prevail on this theory. 2. Plaintiff argues anonymity is necessary because the accusation of insurance fraud will ruin his reputation for honesty before a jury has passed judgment on his credibility and honesty at trial. Plaintiff states the case involves grave social stigmatization to Plaintiff because he has been accused of committing or seeking to commit insurance fraud. The USDC noted that Plaintiff showed no reasonable probability that an insurer’s material misrepresentation defense transforms a breach of contract claim into a matter of sensitive and highly personal nature, Here, Plaintiff is seeking coverage for a lost wristwatch. If an accusation of insurance fraud were sufficiently stigmatizing to warrant anonymity, then plaintiffs could proceed anonymously virtually anytime they challenge an insurer’s denial of coverage on the basis of a material misrepresentation. The Ninth Circuit’s mandate requires that parties only use pseudonyms in the unusual case. IRREPARABLE INJURY Plaintiff failed to demonstrate he will be irreparably injured absent a stay. The injury Plaintiff fears has already occurred to some extent by Plaintiff’s own doing. He appeared at a public hearing using his actual name. Further, in its recent summary judgment order, the Court concluded there was a dispute of fact as to whether Plaintiff intentionally concealed or misrepresented a material fact or circumstance relating to his insurance. At this point in this proceeding, there has been no finding of insurance fraud. HOIST ON HIS OWN PETARD Given that Plaintiff himself proceeded at a public hearing without taking steps to prevent the very disclosure he claims is so injurious, Plaintiff has not met his burden on the irreparable injury factor. As summary judgment was denied on the breach of contract claim, the case is proceeding to trial. The public interest lies in transparent and public court proceedings, especially trials. The Court denied Plaintiff’s motion to stay the order requiring Plaintiff to proceed under his actual name. ZALMA OPINION Pursuing litigation under a pseudonym because the defendant insurer claimed the Plaintiff attempted insurance fraud because his mental health and reputation would be harmed by the claims is insufficient. First, Plaintiff chose to sue State Farm. He could protect his mental health and reputation by not suing. Second, he was willing to attend a Zoom hearing with his true name showing, thereby effectively waiving the claim of anonymity. It could easily be concluded that he has sued under a pseudonym because he was embarrassed he was caught. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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