Tried and failed.
Woman who called police on black man in Central park sues ex-employer
- Thread starter ohioboy
- Start date
Butterfly
SF VIP
- Location
- Albuquerque, New Mexico USA
From Snopes.com:
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), and George W. Bush signed it into law. That law codified legally that the gun manufacturing industry could not be held liable in civil court for crimes “resulting from the criminal or unlawful misuse” of firearms or ammunition.
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), and George W. Bush signed it into law. That law codified legally that the gun manufacturing industry could not be held liable in civil court for crimes “resulting from the criminal or unlawful misuse” of firearms or ammunition.
Thanks, I knew they failed, just not what legal theory was argued, but I suspected as much.
Yes, I am aware of that.
All of that is immaterial since she is the victim of racial discrimination.
I still hope she wins big time.
Irwin
Well-known Member
- Location
- Denver, Colorado, U.S.A.
That law is actually redundant. If it's legal to manufacture and sell a product, they shouldn't be liable if someone misuses it.
Knight
Well-known Member
Jules post #6 is probably right on. Rather than pay the expense to defend against the lawsuit an out of court settlement could be cheaper.
OneEyedDiva
SF VIP
- Location
- New Jersey
I sincerely hope you're joking!! That's all we need...for her to win and empower other racist "Karens" to do the same type of thing. For goodness sakes...hasn't enough of it happened already?!! @Patch made a very important observation in this reply: "She is a pathetic person, whose actions could have caused injury or death to her victim had the incident been handled differently by the responding officers. She was convicted of the offense. She admitted her wrongdoing."
If you truly do hope this despicable woman wins this nonsense case, that speaks volumes about your character IMO.
fmdog44
Well-known Member
- Location
- Houston, Texas
Don't you worry about my character. Take care of your own, it needs it.
OneEyedDiva
SF VIP
- Location
- New Jersey
Ugh...I'm certainly not worrying about you or anything about you. According to those who know me, my character is just fine. I'm known in person and on social media platforms as someone who can be trusted and who has empathy. I treat others the way I'd like to be treated but I also speak my mind. If I feel something isn't right I'm going to say so. I love my son more than I love to breathe but if he's doing something wrong, I certainly won't uphold him in it. And if you don't like hearing the truth as they say: "If you can't take the heat...stay out of the kitchen."
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I think she has money to pay the attorney "up front", what we call a "rich b*tch".
No attorney is going to take a case like this to "only pay me if we win" deal.
Legal update:
From the Court's documents list.
5/26/21
Deficient pleading. Not signed by filing attorney (yeah I'd call that deficient, ha).
5/26/21
Parties agree (under the Civil Rules) to have Magistrate hear case.
5/27/21
"John Doe's" named insufficient to pleading.
6/04/21
Summons linked to Deficient pleading.
6/7/21
Complaint refiled: Summons electronically sent to Defendant (s).
I'll keep an eye out for the Answer or other responsive pleading by the Defendants.
From the Court's documents list.
5/26/21
Deficient pleading. Not signed by filing attorney (yeah I'd call that deficient, ha).
5/26/21
Parties agree (under the Civil Rules) to have Magistrate hear case.
5/27/21
"John Doe's" named insufficient to pleading.
6/04/21
Summons linked to Deficient pleading.
6/7/21
Complaint refiled: Summons electronically sent to Defendant (s).
I'll keep an eye out for the Answer or other responsive pleading by the Defendants.
fmdog44
Well-known Member
- Location
- Houston, Texas
The only thing about you that is the truth is you avoid it when you don't agree with someone. Who the hell are you to dictate what is true to anyone?
Pecos
Well-known Member
- Location
- Washington State
Good grief, she and her lawyer are both insane.
“See you in court, Schmuck.”
OneEyedDiva
SF VIP
- Location
- New Jersey
Hit the buzzer someone. Once again you got it wrong. I've disagreed with folks, re-examined their points and learned from them. That is one of the things I like about social media. I've had discussions where me and the other party(ies) agreed to disagree. I don't dictate other peoples truths because I realize everyone has experienced life differently, so the reality for one person is not going to be the same for someone else. Doesn't take a rocket scientist to know that. However some things are just wrong no matter who you are and where you come from. One of those things is telling a lie that could get someone arrested or worse, shot and killed.
Who the hell am I? I am someone who gives a damn about people and who would like to see a better world full of love, not hate. I am someone who would like to see justice for those who have been wronged no matter who they are. I am someone who's very loved and well respected. I ain't the someone who's picture you've painted.
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fmdog44
Well-known Member
- Location
- Houston, Texas
blah, blah, blah
No responsive pleading yet as of the update, 6/17. My guess is they will file a Leave to Plead 1st, that will give them more time to respond, we'll see.
https://www.pacermonitor.com/public/case/40382030/Cooper_v_Franklin_Templeton_et_al
edited: I bet they countersue/counterclaim her sorry self, we'll see.
https://www.pacermonitor.com/public/case/40382030/Cooper_v_Franklin_Templeton_et_al
edited: I bet they countersue/counterclaim her sorry self, we'll see.
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Update on June 25th, click on link.
I suppose so, the employer is probably not emotionally involved and will just pick the cheapest solution. I once had a coworker who stole money out of the purse of another coworker. We caught her in the act and complained to HR. HR terminated her. She sued and they paid her, another coworker was happy she got compensation. It was all so disgusting, you'd think stealing would be an acceptable cause for termination. I suppose HR didn't do it totally properly or something.
Filed Dec.8. Franklin Templeton Bank's reply/response to Motion to Plaintiff's motion to deny Motion to dismiss. In part:
1. Cooper's admissions render her discrimination theories implausible.
2. The company's tweets do not establish an inference of race discrimination .
3. Cooper's comparator allegations do not support an inference of discrimination.
4. Cooper's defamation claims fail because the challenged statements are protected expressions of opinion.
5. Alternatively, Cooper's defamation claims must be dismissed for failing to plausibly plead actual malice.
6. Cooper concedes that dismissal of certain claims is appropriate.
This chick's lawyer should have known better to take this on, unless she is getting billed regularly, can't see accepting this on a pay only if you win basis? She's legal toast.
1. Cooper's admissions render her discrimination theories implausible.
2. The company's tweets do not establish an inference of race discrimination .
3. Cooper's comparator allegations do not support an inference of discrimination.
4. Cooper's defamation claims fail because the challenged statements are protected expressions of opinion.
5. Alternatively, Cooper's defamation claims must be dismissed for failing to plausibly plead actual malice.
6. Cooper concedes that dismissal of certain claims is appropriate.
This chick's lawyer should have known better to take this on, unless she is getting billed regularly, can't see accepting this on a pay only if you win basis? She's legal toast.
Nosy Bee-54
Senior Member
I think Karen will fight it to the bitter end.
fuzzybuddy
SF VIP
- Location
- The Sticks, Northeast PA.
My cat does not like you. I'm firing you. Like it, or not, that's legal justification for terminating your employment. There is no inalienable. Constitutional right to a job. I think this woman was a nuisance, then, in the park, with the black man; and she's a nuisance, now, with this frivolous lawsuit.
Wow, I am skeptical. Did everyone who commented read the complaint? The bird watcher had/has a history of accosting dog owners in the park. He had a reputation for threatening them. One man, a black man, commented on the fact that he was accosted by this very man and made to feel unsafe by his aggressive behavior. And, the witness mentioned others have had a problem with the same man in the park.
Did that escape notice when the complaint was being read if in fact it was read? This witness, a black man, said that she had every right to be afraid because she was alone. The witness had a similar experience this man.
It seems some are more concerned about the dog. The strongest part of a dog is his neck. Nearly impossible to strangle a dog on a leash.
It wasn't because he was black. It was because he allegedly approached her aggressively. This woman often walked her dog peacefully in the company of people of color without incident.
Of course, media is going to spin it so that the woman appears to be racist when in fact she may not be.
According to the media, a white woman has no right to report a frightening incident because the person is of color?
Is this logical?
We live in a climate where theft, destruction of property, looting and wholesale destruction is permitted without consequences. I think we all need to be somewhat fearful no matter the color of the assailant/s.
I think her employer acted rashly influenced, of course, by the media instead of the facts.
People are often influenced by rumor, social media and the news media without checking the facts of an incident.
Of course, the above is my opinion, but based on the facts put forth in the complaint.
Did that escape notice when the complaint was being read if in fact it was read? This witness, a black man, said that she had every right to be afraid because she was alone. The witness had a similar experience this man.
It seems some are more concerned about the dog. The strongest part of a dog is his neck. Nearly impossible to strangle a dog on a leash.
It wasn't because he was black. It was because he allegedly approached her aggressively. This woman often walked her dog peacefully in the company of people of color without incident.
Of course, media is going to spin it so that the woman appears to be racist when in fact she may not be.
According to the media, a white woman has no right to report a frightening incident because the person is of color?
Is this logical?
We live in a climate where theft, destruction of property, looting and wholesale destruction is permitted without consequences. I think we all need to be somewhat fearful no matter the color of the assailant/s.
I think her employer acted rashly influenced, of course, by the media instead of the facts.
People are often influenced by rumor, social media and the news media without checking the facts of an incident.
Of course, the above is my opinion, but based on the facts put forth in the complaint.
@IFortuna
You said "Wow, I am skeptical. Did everyone who commented read the complaint? The bird watcher had/has a history of accosting dog owners in the park. He had a reputation for threatening them. One man, a black man, commented on the fact that he was accosted by this very man and made to feel unsafe by his aggressive behavior. And, the witness mentioned others have had a problem with the same man in the park."
Ever hear of hearsay? That unchallenged statement was made by Karen herself with no links to the veracity of her statement. Who is this "one man, a black man" anyway? Maybe he was imagined?
Wow, I am skeptical.
You said "Wow, I am skeptical. Did everyone who commented read the complaint? The bird watcher had/has a history of accosting dog owners in the park. He had a reputation for threatening them. One man, a black man, commented on the fact that he was accosted by this very man and made to feel unsafe by his aggressive behavior. And, the witness mentioned others have had a problem with the same man in the park."
Ever hear of hearsay? That unchallenged statement was made by Karen herself with no links to the veracity of her statement. Who is this "one man, a black man" anyway? Maybe he was imagined?
Wow, I am skeptical.