Police deliberately botched fatal Winnipeg crash probe: Lawyer Aug 14, 2008
"I do believe that investigation was done in bad faith," he said. Font. (Canada.com)
Spain overcomes controversial photo, beats Germany Aug 14, 2008
"Thursday evening the Spanish basketball federation said it was considering legal action against the British newspaper, The Guardian, to "protect" its reputation.The controversy "was generated by the bad faith shown by several media (organizations) that wanted to damage the image of not only the FEB, but also our country and our sport," the federation said in a statement.The Guardian questioned whether it was appropriate for the world champions to pose for the photo in an article originally... (Longview Daily News, WA)
Gov. Jindal calls allegation against Mayor Price 'serious' Aug 14, 2008
"This is, again, the mayor, his attorneys, excuses and trying to divert blame away from where it truly belongs, firmly in the court of the mayor, said Raphael Goyeneche, head of the Metropolitan Crime Commission. Goyeneche and the Metropolitan Crime Commission have called for Eddie Price to resign. The Secretary of State's Office said they have received inquiries about recalling the Mandeville mayor, but nothing has been officially filed. "I don't have any reason to believe the Legislative... (WWLTV.com, LA)
Labour to resist fuel price hike Aug 14, 2008
" Odah also noted that the steady slide into indifference to agreement by the Federal Government was causing some disquiet. He stated that the moratorium granted by the Federal Government was meant to allow for setting up of a stakeholders committee to find amicable solution to the perennial fuel increase but regretted that government had not made any attempt at convening the mooted parley. Odah explained that over the past few months, the NLC had made concerted effort to ensuring that the... (Guardian News, Nigeria)
Parallel Investigations Continue to Pose Challenges Aug 13, 2008
While the United States Supreme Court has ruled that parallel investigations are permissible so long as the government does not proceed in bad faith, United States v. Kordel, 397 U.S 1 (1970), over the past several years a number of federal district courts have issued decisions harshly critical of the government's conduct ... Even the 9th Circuit in Stringer recognized that there will be instances in which government conduct crosses the line into bad faith. (Law.com)
Mixed Ruling in Cozen O'Connor's Terrorism FOIA Case Aug 13, 2008
They also argued that Treasury acted in bad faith by delaying its responses and inadequately processing the firm's FOIA request ... But Savage completely rejected the firm's argument that the government had acted in bad faith by delaying its action on the firm's FOIA requests ... "Here, there is no evidence of bad faith. The length of time in responding to the requests was not inordinate considering the number of agencies involved, the nature of the information sought, the volume of documents to... (Law.com)
Court Rules in Village's Favor in Suit Aug 13, 2008
U.S. Magistrate Wallace Dixon concluded that Jackson's claim "was, at least, frivolous and, at most, brought in bad faith.". Jackson sued Pinehurst over landscaping and architecture requirements. (The Pilot Newspaper)
MUW Alumnae, Limbert face off in court Sept. 30 Aug 9, 2008
When an official s actions are motivated by constitutionally impermissible grounds, they are per se in bad faith, as well as violative of this state s constitutional provisions, Colom said. Reader Comments. (Columbus Commercial Dispatch, MS)
WHAT'S SHE UP TO? Aug 8, 2008
The fact that they have not come to terms yet suggests that the Clintons are conducting tough negotiations in bad faith because they don t want him to win this year, so that Hillary can run in 2012. In short, they want Obama to lose. (The Drudge Report)
Sugarland founder sues current members Aug 8, 2008
Kristen Hall, left, accuses former bandmates Kristian Bush and Jennifer Nettles of 'bad faith ... By excluding Hall from the Sugarland partnership and failing to pay her share of the income and profits, Nettles and Bush "have acted in bad faith, have been stubbornly litigious and have caused [Hall] unnecessary trouble and expense," the lawsuit says. (Atlanta Journal-Constitution)
Teachers' vote seen as OK for drug tests Aug 7, 2008
State Accuses HSTU Of Bargaining In Bad Faith. The state has filed a complaint with the Labor Relations board against the Hawaii State Teachers Union. (Honolulu Star-Bulletin)
Mbeki to push Zimbabwe power-sharing Aug 7, 2008
"I believe the talks are going nowhere because Mugabe is negotiating in bad faith." The long-time leader seeks only to create the impression he is serious, but will never relinquish power to Mr. Tsvangirai, he said. He alleged that state-sponsored militias continue to terrorize people in rural areas of the country even as the talks go on. (Globe and Mail -- International)
USA races to erect controversial steel fence on Mexican border... Aug 6, 2008
A separate lawsuit by Texas border mayors argues that Chertoff negotiated land prices in bad faith, failed to properly consult locals, and that landowners with connections to the US president -- a former Texas governor -- are getting special treatment. Mexico is the second largest US trading partner after Canada, and border chambers of commerce involved in the lawsuit fear the immigration clampdown will hamper business. (The Drudge Report)
Finance sector shelves BEE talks over rift on ownership Aug 3, 2008
Jan Mahlangu, the retirement funds co-ordinator at Cosatu, accused Basa of bargaining in bad faith. "It is therefore my conviction that they do not want to align the charter with the codes," he said. (Business Report, South Africa)
World trade talks: The aftermath Aug 1, 2008
Perceived bad faith in one area invites reciprocal action in another, perhaps unrelated area. For example, the cod war between Spain and Canada in the mid-1990s led directly to the cancellation of serious talks on a bilateral trade deal between Canada and the European Union. (Globe and Mail -- Business)
Punitive Damages Not Recoverable in Doctor's Suit Over Dismissal Jul 31, 2008
That, in effect, asked the jury to award the plaintiff additional damages if it found that the breach of contract was done in bad faith. . (Law.com)
Nigeria: Company Accused of Importing Arms for Militants Jul 31, 2008
"The chairman lamented that Niger Dock served a notice of summons and a writ of summons to stop the committee from entering the premises adding that the court processes which was filed by Otunba Kayode Ogunjobi, Roug and Coy legal practitioners, was in bad faith.Njidda alleged that for disallowing people from having entrance into their premises, Niger Dock was definitely indulging in illicit deals and would be sanctioned appropriately."The Dock management, in an attempt to prevent the committee... (allAfrica.com)
* Israeli settlements 'a problem': US Jul 31, 2008
The US called Israeli settlement building 'a problem" on Tuesday as US Secretary of State Condoleezza Rice began fresh talks in her uphill push for an Israeli-Palestinian peace deal this year. The State Department voiced displeasure at Israels latest plans to build new Jewish settlements after Rice met Israeli Defense Minister Ehud Barak for discussions that also covered Iran and its suspected pursuit of nuclear arms. Rice later sat down with Ahmed Qurei, the chief Palestinian peace... (Taipei Times, Taiwan -- World)
County Lines for July 31, 2008 Jul 31, 2008
In May the union filed a complaint against the paper alleging that management was bargaining in bad faith. A hearing date has not been set. (Santa Maria Times)
Some oil blocks revoked in error, says Kupolokun Jul 31, 2008
"The court processes filed yesterday were only intended to halt the oversight works of the committee, hence the case filed in court was in bad faith," he said. The House endorsed the motion asking the officers mentioned to appear for explanation. (Guardian News, Nigeria)
City Council accused of Brown Act violation Jul 31, 2008
Eight words come to mind, ladies and gentlemen: Trancas Property Owners Association versus city of Malibu," said Laetz, referring to a Brown Act case the city of Malibu lost in 2005 at the Court of Appeal. "Once again the City Council risks turning a simple series of bad legal advice and small mistakes into a colossal act of very bad faith. "Laetz is a third-year student at Ventura College of Law. He has previously written for this newspaper and currently writes for the Malibu Surfside News,... (Malibu Times, CA)
PRESS DIGEST - Ireland - July 29 Jul 29, 2008
- The EU's top farm official has accused the Irish Farmers' Association (IFA) of acting in "bad faith" and "misleading" the public in its vocal campaign against a global trade deal. IRISH INDEPENDENT. (Reuters)
Africa: EU Concerned That States Will Not Sign Final EPAs Jul 28, 2008
It offered recommendations aiming at restoring confidence in a negotiating process which has often been marred by accusations of bad faith from both the EU and ACP countries. One of these recommendations urges the EU to lift all linguistic ambiguities in order to foster increased clarity of the EPAs. (allAfrica.com)
The Chronicles of Narnia.mobi Jul 26, 2008
mobi domain name to the estate of C.S. Lewis after an intellectual property agency that the couple acted in bad faith when purchasing the address. Richard Saville-Smith, who runs the Saville-Ferguson media and PR agency with his wife Gillian, purchased narnia. (PC Magazine)
Dead author's estate snatches child's domain Jul 26, 2008
"The ruling was absolutely unfair. Although I'm a lay person the rules seem pretty simple, that they had to prove that we had a bad faith registration," she said ... The WIPO arbitration process will only transfer a name if the person who requests it has rights in the name, such as a trade mark, and the person holding the name has none, and if the person holding the domain name has registered or is using it in bad faith ... Saville-Smith said that on the question of the registration or use of... (Register)
Boy loses battle over 'Narnia' Jul 26, 2008
Bad faithBut the estate's lawyers argued in a plea accepted by arbitrator William R.Towns that Comrie's father Richard, who registered other Narnia-linked sites like freenarnia ... The arbitrator ruled that Saville-Smith "registered and is using the disputed domain name in bad faith.". (MSNBC -- News)
GEORGIA BLUE CHIPS Jul 26, 2008
"Coca-Cola's acts were undertaken in bad faith," Baig said in a complaint accusing the company of stealing his branding idea after he approached Coca-Cola executives. Baig seeks a court order barring Coca-Cola from using Zero in connection with its sale of Coke, Sprite or other drinks, plus Coca-Cola's profit from its sales of Zero-branded beverages. (Atlanta Journal-Constitution -- Business)
After legal fight, 11-year-old ordered to turn over Narnia.mobi domain Jul 26, 2008
But when the WIPO was unable to find any evidence the family actually intended to create an e-mail address for their son, even after 20 months, it was forced to rule in the estate's favor, due to the family allegedly using the domain name in "bad faith." ... "But when the WIPO was unable to find any evidence the family actually intended to create an e-mail address for their son, even after 20 months, it was forced to rule in the estate's favor, due to the family allegedly using the domain name... (BetaNews)
WIPO orders Narnia domain transfer, makes 11-year-old cry Jul 25, 2008
However, a handful of evidence seems to have convinced WIPO that he registered it in bad faith ... mobi was registered in bad faith and ordered it to be transferred to the C.S. Lewis estate. (Ars Technica)
Nigeria: Anglo-Nigerian Relations - an Oily Romance Jul 25, 2008
Frankly, the President should have told his hosts that they are prosecuting a Nigerian citizen in bad faith. Citizens Diplomacy means nothing if it cannot protect an innocent citizen abroad. (allAfrica.com)
Cold Feet Cost Hubby-to-Be $150k Jul 25, 2008
She said he acted in bad faith and caused her unnecessary trouble and expense. Thanks to him, she has no health insurance, no life insurance, no home, no car and limited creditworthiness to fix her life. (ABC News -- Business)
Family loses battle with CS Lewis estate over web domain name Jul 24, 2008
She said: "It should have been pretty straightforward. "They had to prove that we had made a bad faith purchase, that we had been using it to make money. "We provided very clear statements from the internet registration company saying that we had not tried to make any money and yet somehow it has just simply ignored the evidence.". (BBC News -- UK)
Parties sue Yar'Adua, others over unity govt Jul 24, 2008
They said: "The failure of the National Assembly to make provisions and disbursements of grants for political parties, which contested the 2007 April presidential elections, was in bad faith, undemocratic, unlawful and wrongful." ... a declaration that the failure of the National Assembly to make provisions and disbursements of grants for parties that contested the 2007 April presidential elections is in bad faith, undemocratic, unlawful and wrongful. (Guardian News, Nigeria)
Law Firms Held Liable for Fees in 'Tissue of Lies' Patent Suit Jul 23, 2008
"By persisting with this claim to trial, Abelman counsel played a central role in so unreasonably and unnecessarily multiplying the proceedings so as to give rise to bad faith litigation," the judge said. Bauer replaced the Abelman firm in August 2007 with David Jaroslawicz of. (Law.com)
EPA and Union Agree on Process for Reopening Libraries Jul 23, 2008
In May 2007, the FLRA found merit with the union's ULP, concluding that EPA had committed an act of bad faith by not selecting an arbitrator. This decision pressured EPA into agreeing to the selection of an arbitrator. (OMB Watch)
Obama's Triumphs In Iraq Jul 22, 2008
McCain complained that the timing smacked of bad faith. Apparently, hes confident enough that he wont find any facts that might change his opinion or alter his strategy, McCain said on Saturday. (CBS News)
Universal: "Fair use" is still infringing Jul 22, 2008
It simply can't be correct that copyright holders can be found liable for bad faith takedown notices simply because the use in question turns out to be fair in the end; as we have pointed out many times, no one knows if the use is fair until a judge actually rules. On the other hand, decades of both common practice and case law have established some general parameters for fair use (see the recent American University project on for an example). (Ars Technica)
Lawyers still battling over money in McGreevey divorce Jul 22, 2008
However, Matos' lawyer said McGreevey's "motives are clearly a bad faith attempt to frustrate the support that the defendant seeks for herself and for Jacqueline. His actions and conduct are a direct result of his decision to devote himself to full-time studies at the General Theological Seminary since September 2007.". Matos wants the judge to estimate what McGreevey could make in determining alimony and child support. (The Trentonian, NJ)
African Union Leader Boosts Zimbabwe Talks Jul 21, 2008
It also eliminates the grey areas around the mediation," said Chamisa, without saying when they will sign the MOU. But he said they awaited the next stage in the negotiations.Chamisa however said the challenge that still has to be overcome is the catalogue of bad faith on the part of Zanu PF. He said Zanu PF continues to commit acts of violence, rubbishes MDC leaders and has refused to disband torture camps. Relevant Links "Statements by Zanu PF leaders as well as Grace Mugabe (President Robert... (allAfrica.com)
"GOVERNMENT PIRATES" Jul 20, 2008
Corace's on firmer ground detailing the collective incoherence of various court rulings, and the limitless reservoir of bad faith and money that local governments will tap into when they have a better idea for your property than you do. Matt Welch is the editor in chief of Reason magazine. (New York Post -- Opinions)
Liberia: President Must Veto Death Penalty Bill [press release] Jul 19, 2008
This legislation is in bad faith, and entirely inconsistent with the object and purpose of the protocol to which the Liberian government acceded, which aims to abolish the death penalty. Amnesty International urged the Liberian government to carry out a survey of current legislation with a view to abolishing the death penalty for all crimes, including in military penal codes. (allAfrica.com)
Art's progress, to look back in wonder Jul 18, 2008
But past failures aren't an excuse to take each new incarnation with festering bad faith, or worse, a sense of entitlement. It is far better to visit the exhibitions with a sense of possibility and an openness to what is being offered and you might just be rewarded. (Sydney Morning Herald -- Opinion)
Raja Petra charged, released (Update 3) Jul 17, 2008
Raja Petra told magistrate Nazran Mohd Sham that he refused to record his plea on the grounds that the charges against him were both defective and mala fide (in bad faith). "I do not want the prosecution to interpret it as I have pleaded not guilty. I am refusing to respond to a plea. How does the court interpret that? I have two grounds and if the court wishes to know I can explain," he said loudly when his charges were read to him at noon. (The Star Online, Malaysia -- News)
UC service workers deserve livable wages Jul 17, 2008
UC argued that the union didn't give "adequate" notice before its strike; therefore it's acting "in bad faith" and refusing to negotiate ... It's UC that's got the corner on bad faith. (San Francisco Chronicle -- Opinion)
Powell Goldstein's $2 Million Punitive Win to Face Challenge Jul 16, 2008
Finding that the defendant company, , had acted in bad faith, the jury also awarded the plaintiff firm, , $421,000 in legal fees. partner Ryan T. Pumpian, who led the legal team for GT Software, said the jury's punitive damages award, an estimated 1 percent of webMethods' net worth, was precisely what he had asked from the jury. (Law.com)
Truth in Rand fiction Jul 15, 2008
When economic liberals protest, interventionists have such confidence in capitalists that they cannot imagine sceptics as anything other than bad faith fronts for big business. This curious confidence in capitalists explains why interventionists press on regardless of unintended consequences. (iAfrica.com)
Construction Crisis Jul 15, 2008
And the Palestinians see in the Israeli building an act of bad faith, which, they say, makes Palestinian leaders trying to negotiate a peace agreement look ridiculous on the Palestinian street. Both the U.S. and the Palestinians warn that continued Israeli building across the Green Line in Jerusalem could torpedo the peace process. (Jerusalem Post, Israel)
Court halts UC service worker strike Jul 14, 2008
The order was granted at the request of the Public Employment Relations Board, which filed suit after UC officials accused the union of bad faith bargaining and endangering public safety. Judge Patrick Mahoney in his order July 11 prohibits the union from encouraging the two groups to strike. (San Francisco Business Journal)
Zimbabwe:Zanu PF's Grand Plan - Decimate the MDC Jul 14, 2008
The MDC said it remained committed to a peaceful, negotiated solution to the Zimbabwean crisis but a catalogue of acts of bad faith by Zanu PF continue to poison the environment for negotiations. The party cited the continued murders, beatings and displacement of MDC leaders and supporters. (allAfrica.com)
Tax Collectors Ask Judge To Reconsider Ruling Jul 13, 2008
Papa went on in the document to state that the actions of the former board of county commissioners comprised of Bonnie Mellott Keefer, Daniel Swain Jr. and Ellis Yingling were dishonest and in bad faith. Meanwhile, while Papa and the tax collectors were filing the request for reconsideration, Gov. Ed Rendell had an announcement of his own last Wednesday regarding the current tax collection system. (Fulton County News, PA)
UPDATE: UC service workers set to strike despite court ruling Jul 13, 2008
Mahoney issued the order at the request of the Public Employment Relations Board, which filed suit after UC officials accused the union of bad faith bargaining and endangering public safety. "We are going on strike as planned," said William Schlitz, a spokesman for the Local 3299. (East Bay Business Times, CA)
UC asks state board to help block hospital strike Jul 13, 2008
PERB also issued a complaint Thursday against the union for negotiating in "bad faith" for new contracts for the workers. AFSCME represents approximately 11,000 UC patient-care technical workers and 8,000 service employees at hospitals throughout the state, including UC-Berkeley, and UCSF Medical Center. (East Bay Business Times, CA)
Allstate settles in disputed records case Jul 13, 2008
Aldridge later sued Allstate for bad faith after it refused for years to pay a claim. Attorneys for both Aldridge and the accident victim, Dale Deer, of Warrensburg, requested a set of records prepared by consultant McKinsey & Co. on behalf of the insurance company that showed how it set up a claims payment system in the 1990s aimed at generating big earnings while keeping claims payments low. (San Diego Union-Tribune -- Business)
BARACK'S PATSIES Jul 8, 2008
OBAMA'S ASTOUNDING BAD FAITH ... Has there ever in recent political memory been so much calculation and bad faith by a politician who has made so much of eschewing both. (New York Post -- Opinions)
Dupes for Obama Jul 8, 2008
Has there ever in recent political memory been so much calculation and bad faith by a politician who has made so much of eschewing both. We now know that Barack Obama is not naive, but his ardent supporters are. (Townhall.com)
Claim seeks $2.6 bil property tax refunds Jul 8, 2008
Bourhis is best known for pursuing lawsuits against insurance firms, which he detailed in his book, "Insult to Injury: Insurance, Fraud and the Big Business of Bad Faith.". E-mail James Temple at. (San Francisco Chronicle)
Attorney: Cowin ignored complaints about Ariaz Jul 7, 2008
An attorney who files suit is bound by law to: "The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not: (1)groundless and brought in bad faith;...". As to the letter by Ozmun that was released by the City on the opinion of the Texas AG, I would not be surprised that there are issues claimed by the plaintiff that were... (Brownwood Bulletin, TX)
Dog at heart of custody fight Jul 3, 2008
Both sides say the other has acted in bad faith over the past two years. Anderson got so frustrated that in December she demanded Delilah back. (Atlanta Journal-Constitution)
Landis' appeal is rejected, affirming loss of Tour title Jul 1, 2008
There is a clear distinction between administrative deficiencies, bad laboratory practices, procedural error or other honest inadequacy on the one hand, Williams wrote, and dishonesty or bad faith on the other. Some of (Landis') expert witnesses appeared insufficiently aware of this distinction. (San Diego Union-Tribune -- Sports)
Newsweek: Why do politicians pander? Jun 30, 2008
The negotiations collapsed in accusations of bad faith. It may be inevitable that presidential candidates become less free-spirited as they enter the general election. (MSNBC -- Politics)
Supreme Court erases punitive damages in dismissal case Jun 28, 2008
The employer's conduct in dismissing Keays was in no way an egregious display of bad faith justifying an award of damages for conduct in dismissal, Mr. Justice Michel Bastarache wrote for the majority ... There is ample evidence to support the trial judge's conclusion that Honda acted in bad faith. (Globe and Mail)
"La Dolce Vita" in old age Jun 28, 2008
There was bad faith and good, honesty and dishonesty, courage and cowardice, selflessness and opportunism, wisdom and stupidity, good and bad on both sides. It will do no good to search for villains or heroes or saints or devils because there were none; there were only victims. (Salon)
Supreme Court dismisses damages award against Honda Jun 28, 2008
In a 7-2 ruling, the court said that the firing of Kevin Keays, who suffered from chronic fatigue syndrome, "was in no way an egregious display of bad faith justifying an award of damages for conduct in dismissal.". Writing for the majority, Justice Michel Bastarache went on: "Punitive damages are restricted to advertent wrongful acts that are so malicious and outrageous that they are deserving of punishment on their own. The facts of this case demonstrate no such conduct.". (CTV.ca)
Malpractice Suit Against Kaye Scholer Alleges Discovery Foul-Ups Jun 27, 2008
The judge also reserved ruling on an October 2006 sanctions motion by plaintiffs asking for a range of findings against Celanese, including that the company acted in bad faith that an adverse inference should be drawn against it on key issues and that the company should be prevented from presenting evidence on certain issues. Celanese said in its suit that the prospect of such sanctions, which would have severely hampered its ability to defend itself at trial, forced it to enter into a... (Law.com)
Complex ties lead African ally to avoid condemning Mugabe Jun 27, 2008
Mbeki's biographers, his colleagues, even his brother debate why he has stuck with his approach despite years of bad faith by Mugabe. Mbeki's consistency is variously attributed to a hubristic resistance to admitting failure, a world view deeply suspicious of Western interference in African affairs, a hard-nosed calculation of political interests and a realistic assessment of the limits of South Africa's power when confronted with an unrelenting autocrat. (International Herald Tribune)
