The County has stopped putting the e-mail address on the County Commission web site. In response to your requests, we are listing them below. PLEASE USE THEM TO MAKE YOUR FEELINGS KNOWN.
Tonya Burchfield tonyab@blounttn.org
Tab Burkhalter burkhalter.tab@gmail.com
Rick Carver rcarver@blounttn.org
Mike Caylor bmcaylor@ci.maryville.tn.us
Jim Folts jfolts@blounttn.org
Gary Framer farmerg@blountk12.org
Ron French rfrench@blounttn.org
Roy Gamble rgamble4012@yahoo.com
Tom Greene tom.greene@flec.org
Brad Harrison laharrison@ftb.com
Mark Hasty mhasty@blounttn.org
Scott Helton shelton@blounttn.org
Gerald Kirby GKIRBY@BLOUNTTN.ORG
Holden Lail hlail@blounttn.org
Peggy Lambert pklambert@blounttn.org
Mike Lewis lewism@greenecountybank.com
Ken Melton kmelton@blounttn.org
Jerome Moon jmoon@blounttn.org
Monika Murrell monika29@charter.net
Steve Samples ssamples@att.net
Gordon Wright gwright@blounttn.org
Careful, if they're like Knox County commissioners, they'll put a murder contract on your head...
New York City residents who want to own a gun may soon be denied permits if they are litterbugs, if they are bad drivers, or if they have fallen behind on a few bills.
Under proposed revisions to the police department's handgun, rifle and shotgun permit procedures, the NYPD can reject gun license applicants for a number of reasons, including:
If they have been arrested or convicted of almost any "violation," in any state; having a "poor driving history"; having been fired for "circumstances that demonstrate lack of good judgment"; having "failed to pay legally required debts"; being deemed to lack "good moral character"; or if any other information demonstrates "other good cause for the denial of the permit."
Critics say many of the restrictions are vague, have nothing to do with one's fitness to own a gun and are unconstitutional.
Supporters say the new restrictions will make gun purchasing more efficient and don't give the NYPD any more power than it already has.
According to a Report of the Governmental Affairs Division, the changes came about as the result of two recent Supreme Court decisions.
"In District of Columbia v. Heller the Court found that a District of Columbia law banning the possession of handguns in the home was invalid due to the rights conferred by the Second Amendment; in McDonald v. City of Chicago, Ill., the Court applied that right equally to the States," the report says.
As result, Councilman Peter F. Vallone Jr., chairman of the Public Safety Committee, introduced a proposal to lower the city's fees for gun permits to ones that more accurately reflect what the city spends to issue them.
"Now the fees are going to be much less and they're going to have a relationship to the amount of administrative costs that are involved, and in that way it will withstand the Constitution and the court challenge that most people expect will be coming down the road," Vallone told FoxNews.com.
The current $340 fee for all pistol licenses would be lowered to $70 for a premises license and $110 for a carry license. Rifle and shotgun permits would drop from $140 to $65. Costs for license renewals would also be significantly reduced.
With the lower fees, the New York Police Department also introduced revisions to the police department's gun permit procedures, which, unlike Vallone's bill, need only approval from the mayor's office, not the City Council.
"Although I do have oversight capability and I can have a hearing on it, I don't have any formal say in it," Vallone said.
Councilmember Dan Halloran says those revisions are intended to give the police more power to deny licenses, which could counter a possible spike in gun ownership triggered by the lower fees.
But Halloran and Vallone say the proposed restrictions give the NYPD so much authority that they violate the Second Amendment.
"The disqualification categories are downright scary. They're completely open to interpretation and they really don't measure anybody's fitness to own a gun," Halloran told FoxNews.com.
He pointed to a restriction stating applicants can be denied if they've "been arrested, indicted or convicted for a crime or violation, except minor traffic violations."
"So now the city can deny a permit for a building code violation, a sanitation ticket for failing to sweep the sidewalk … an array of non-criminal acts," Halloran said.
Another troublesome restriction, Halloran said, is one that allows permit denial if "the applicant has failed to pay legally required debts such as child support, taxes, fines or penalties imposed by governmental authorities."
"So people who are in foreclosure, or have credit card judgments, maybe filed bankruptcy, can now be legally denied," he said.
Applicants can also be denied, under the new restrictions, if they've "been terminated from employment under circumstances that demonstrate lack of good judgment or lack of good moral character."
"It seems to me it's more of an application to be pope than to be a gun owner," Vallone said. "I don't know anyone who would pass this thing. Anyone who has ever tried marijuana or has a bad driving history, lost a job regarding a lack of judgment – those are ridiculous criteria for gun ownership."
But Jason Post, a spokesman for Mayor Michael Bloomberg's office, said nothing in the proposal gives police a power they don't already have.
"The revisions will make the application process more efficient and give more clarity to applicants for gun licenses," Post told FoxNews.com in an e-mail.
Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, agreed, saying the changes appear to be a "fleshing out" of existing gun restrictions, and not an expansion of them.
"I think it's a good faith attempt by New York City authorities to make sure that their restrictions comply with the Constitution standards that the Supreme Court's adopted over the last two years," he told FoxNews.com.
While some restrictions, like paying legally required debts, may seem irrelevant to critics, Helmke says they are not.
"Child support, taxes, fines and governmental penalties I think are legitimate things. Basically, if someone's not complying with what the government requires of somebody, that's usually a sign that you can't trust them to follow the rules with something like a gun," he said.
As for whether the rule could apply to failure to pay a cable TV bill, as Halloran implied, Helmke said, "I think he's stretching it there."
Halloran said the biggest problem is that the rules are open to that kind of interpretation, and he pointed to the clause that reads that applicants can be denied for failure "to provide information requested by the License Division or required by this chapter" or "other information demonstrates an unwillingness to abide by the law, a lack of candor towards lawful authorities, a lack of concern for the safety of oneself and/or other persons and/or for public safety, and/or other good cause for the denial of the license," as the most obvious example.
"Could this be any more vague and open ended?" he asked. "Ask yourself, would any other constitutional right be subject to such vagaries? Imagine these requirements put to be eligible to vote, to have a lawyer, to be secure in your person or possessions, your right to a jury."
Former federal prosecutor and constitutional law expert Douglas Burns said that while the Heller and McDonald cases allow guns to be regulated closely, New York's proposal has some legal issues.
"If left unchanged, I think there could be some problems in court with it," Burns told FoxNews.com in an e-mail.
With a few adjustments, though, the proposal could be made to stand up in court, he said.
"I think like any proposed amendments, it has to be fine-tuned -- you can't leave in "violations other than traffic" because under NYS law a violation is not a criminal offense, so I think that's a problem. Also, as I said, the debt payment and job-firing language has to be fine-tuned; it is too broad.... I think the legislator does raise some valid concerns."
The council is due to vote on the price changes, which are expected to pass, and to advise the police department on the restriction changes Wednesday.
Should the department decide to go forward with the proposed changes, Vallone says he is "seriously considering having an oversight hearing on this topic"
The NYPD did not respond to a request for comment.
Dragonater Comment:This law brought to you by those nice copkillers who bombed NYC on 9/11...
Today I received a plea for help from the Tawakoni Area TEA Party. They have a Mayor that is out of control and hates the TEA Party too. He has fired 2 long time officers for no other apparent reason than the simple fact that they belong to the local TEA Party chapter.
West Tawakoni is a small town in East Texas, they don’t have a lot of TEA Party members and I am not sure how well connected to the media they are, but I know how connected I am, and I know that I have friends in the powerful, and LARGE Dallas TEA Party. I an certain that they will want to get involved in this.
This has been sent to Drudge, Breitbart, FOX and Friends, several local media here in the Dallas area, but I can’t stress this enough, the MEDIA needs to get ALL OVER this one. If you have ANY contacts in the media, send this to them.
The media, and most of Conservative America got their knickers in a twist over Juan Williams being fired by NPR, a case that was, in MY opinion, a libber reaping what he had sown, but if Conservative America can get involved and outraged over that, what will their reaction to this be?
I sincerely hope it’s not one of apathy.
Please, feel free to forward this to your email list and to ALL media that you may have contact with! It is that important!
From Lake Tawakoni Area TEA Party News
On October 20, 2010 Police Chief Jack Schultz was put on 10 days unpaid suspension at which time he will be terminated. This is a man that has served this city for twenty years and acts as a fatherly figure to his community while keeping us safe.
Sergeant John Becket has Proudly & Bravely served his community for over nine years and operates as a protector and referee of the law instead of a small town speed trap cop as the mayor has publicly announced he wants in he new police department.
These are the sole actions of Mayor Pete Yoho and are being done against the will of the majority of the city council.
A coup d’état ( or /ku de.ta/) or coup for short (French for overthrow of the state), is the sudden unconstitutional deposition of a government, usually by a small government’s surrender; or the acquiescence of the populace.
Sorry but WE THE PEOPLE do not ACQUIESCE !!! SOURCE
From Stormin’ Norman:
Re-Call Time For Mayor Yoho…run him out of town!
Mayor Pete Yoho has to go! The citizens of Lake Tawakoni have the right to re-call the mayor and fire him. They can do this at any time they see fit and apparently the time is fit! This has got to be the most un-American action taken by any mayor in the history of the country. Did the mayor of Chicago get rid of Barack Obama as a community organizer for Obama’s ties to the Communist Party USA? You just don’t fire someone for their political party affiliation…Oh, but we’re going to do that on November 2nd !!! ~ Norman E. Hooben
From Texas TEA Parties:
Police Chief Suspended and Police Officer terminated for affiliation with Tea Party-West Tawakoni, TX Friday, October 22nd, 2010 Subject: City Council Meeting in Tawakoni October 26, 2010 ATTENTION ALL TEA PARTY MEMBERS
As most of you all know Johnny Beckett was terminated as an Police officer in West Tawakoni Wednesday Oct 20th and Chief Jack Schultz on Suspension by the Mayor of West Tawakoni Pete Yoho. The main reason for this action is their affiliation with the Tea Party. During last Tuesday nights meeting the Mayor publicly slandered the LTATP, Jack Schultz, Johnny Beckett, Candy Schultz, Bill Creed, Ed Watson, Carol Soloman, Laura Beckett, and my self. We need all members of the Tea Party to be at the next meeting at city hall Tue, Oct 26th at p.m.. These men are great officers and deserve all of our support. Chief Schultz has been on the police force for many many years and he also served as a volunteer fireman when ever needed. Help is needed. SOURCE
From American and Proud:
Police Chief and Sgt Fired for Tea Party Activities? Posted on October 26, 2010 by Robert
From TexasFred by way of Lake Tawakoni Area News
This, if true is disgusting. Evidently these men were fired because of their tea party affiliations. They were exercising their 1st amendment rights to assemble and to speak their mind. They felt drawn to the Tea Party patriots and an idiot mayor decided they had to go for their actions? Fire up the torches boys we got a target in Lake Tawakoni!
Airline passengers might want to consider a trip to the gym before heading to the airport now that high-tech body scanners have been unveiled at Kennedy Airport.
Department of Homeland Security Secretary Janet Napolitano yesterday hailed them as an important breakthrough for airport security and the fight against terrorism.
Yet when it came to testing the devices - which produce chalky, naked X-ray images of passengers - she turned the floor over to some brave volunteers.
"These machines represent an important way to stay ahead of the ever-evolving threat that faces the aviation industry," Napolitano said.
About 300 of the Advanced Imaging Technology (AIT) machines are operational already at 62 airports across the country, and 450 will be in place by the end of the year, officials said.
Poll Results
Do you approve of the introduction of body scanners at the nation's airports?
Yes! They will improve security. 16% No! They're an invasion of privacy! 80% I'm not sure. 4%
JFK will have a "substantial" number, but officials would not reveal the exact figure.
Machines will be installed at Newark and LaGuardia airports within weeks.
The machines work by projecting low-level X-ray [actually deadly gamma ray] beams at the passenger's body to produce an image.
Any nonmetal objects hidden on the passenger's body that wouldn't be detected by the old-style scanners are easily spotted.
Going through one is optional for all travelers, but Napolitano hoped to ease any fears that airport staff would use them to leer at passengers.
"Those who read the images are not actually physically at the gate, so they cannot associate an image with an individual person at all," she said.
"And the machines are set so that no image is retained." [but all images can be sent over the internet and stored forever, hahahahaha]
Yesterday, I witnessed three separate armed robberies by biker gangs, in a 10 minute period. I didn't stop to render aid to the victims, since I didn't want to get killed. I didn't dial 9/11, since I didn't want to get involved. Everyone else did the same as me, just sped by the robberies thinking, "Thank God it wasn't me."
Video of this biker gang's armed robbery of The Dragonater
I was previously robbed by this biker gang, but I successfully fought off the mugger, caught on video tape.
View out my back door in Da Hood, building gutted by rival biker gang kingpin who calls himself Hutch
Maybe I should stop frequenting locations where biker gangs congregate, or move to a nicer neighborhood? Economy must be getting worse, since armed robberies are now a daily occurance in this city. This same biker gang was in the news for the large number of robberies, assaults, kidnappings, rapes and murders carried out by its gangmembers.
Biker gang sign at my backdoor ally after the biker gang stole my car
This is the same rough neighborhood (Da Hood) where this same biker gang stole my car. I filed criminal charges against the gang members, but they got lawyered up and escaped arrest. Gangsters know how to beat The System. Never did get my car back. This cartheft was retaliation for my investigation of the murder of one of the biker gangbangers, and the transcript of the arrest of the biker kingpin.
My home is the penthouse on the left
This is also the same Hood were my home was nearly incinerated by towering inferno. The biker gang threatened to kidnap me if I gave police my photos taken of the arsonist setting the fire, while holding a flame in his hand with a maniacal look on his face. Insurance fraud is a racket by this biker gang. Have you ever run into a towering inferno? I have.
Do I live in L.A, Miamai or Sturgis? Nope, just a little town called Knoxvile Tennessee. God damn those biker scum!
Reckless gangbanger crashed into parked car, a popular pasttime for this biker gang
THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). HUCKEBY WAS ALSO CAUGHT ON VIDEO SPEEDING AT 60 MPH ON THE DRAGON, WITHOUT THE MANDATORY EMERGENCY LIGHTS AND SIREN REQUIRED FOR IMMUNITY FROM PROSECUTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011
WHY DOES MY HARLEY-DAVIDSON® RUBBER MOUNTED MOTORCYCLE WEAVE, WOBBLE and REARSTEER™?
Erik Buell, teaches in patent No. 4,776,423 and No. 6,213,240 that Vibration Isolated Motorcycles MUST HAVE at least 3 stabilizer links connecting the power train unit to the frame to
PREVENT LATERAL INSTABILITY!
Harley-Davidson®, however, manufactures the Dyna with 1 stabilizer link, the FXR with 2 stabilizer links, the Touring Models (baggers) - 2 stabilizer links and the V-ROD with 1 stabilizer link CONTRARY TO THEIR PATENT. Only the BUELL and 2004 and later rubber mount Sportsters have 3 STABLIZER LINKS!
TRUE-TRACK™ (PATENTED)
a suspension stabilization device, acts to mitigate instability on vibration isolated motorcycles manufactured with LESS THAN 3 STABILIZER LINKS!
You felt that twitch or what you thought was a low tire before. The Dealer replied, "Never heard of that problem before". BULL!
Little did I know what my Sunday afternoon ride had in store for me. Cruising through the absolutely beautiful forest with gentle curves was ecstasy. Sunlight shafts were breaking through the trees and the smell of the pines, wow. I get goose bumps thinking about it. I was really into it.
So, I grabbed a handful and setup for the next sweeper, leaned it over a few degrees, rolled on the throttle and accelerated through until all HELL BROKE LOOSE. The rear wheel started to weave then wobble and actually steer the bike in a different direction than the front! The back of the bike started heading for the guardrail. I tried to correct with body English and push the handle bar to pull out of the inevitable. The back of the bike slid sideways first.The right saddlebag banged hard against the guard rail at about 60-65 miles per hour. Fortunately I didn't go down, but managed to turn into the guard rail and scrape off some speed until I straightened out. It scared the sh*t out of me, I had to use Handy Wipes later and clean up.
NO MAS! NO MAS! To make a long story short I came up with a solution that cured the "REARSTEER™", when the swing arm pivot mounts compress or move. A caged bracket that attaches to the bottom of a Dresser or Road King oil pan transmission (1993-2010), which mounts an isolated stabilizer link connected to a frame bracket. The rear tire now follows the front without changing direction. I call the device "TRUE-TRACK™" (PATENTED). It keeps the swing arm pivot anchored in position and therefore stable.
Oh, I forgot to mention. My contact with the guard rail cost me $2100.00 a new front fender, right fork leg (chrome gouged) replacement, new fairing cap, right floor board, scratched right tank, scrapes on the right bag, hardware and repaint. Now that does not include the trick $400.00 shocks I installed before to try and eliminate the wobbling at the rear. "TRUE-TRACK™" is simply cheap insurance for the inevitable!
The "TRUE-TRACK™" (PATENTED) kit consists of four mounting brackets, CNC machined from an 11 pound solid block of "BALLISTIC BILLET™" aluminum, adjustable stabilizer link, all stainless steel mounting hardware and installation instructions . . . available and always in stock!
See also:
Glide Pro solid motor mounts - Safety and performance are very important at Glide-Pro, it’s always a top priority with Jake Ore, the President and Designer of the Glide Pro Stabilizing System. Jake has maintained an FAA airframe and power plant license for the past 25 years and has held an FAA Inspector Authorization for the last 20. So he demands that the best materials, and workmanship go into each and every product he works on. Glide Pro is no exception. Jake’s experience encompasses building high performance composite aircraft, fabricating fibreglass and carbon fiber, and thorough aircraft maintenance, including sheet metal repairs and engine overhauls. After being very disappointed in his `03 Road King, Jake went to work and Glide-Pro was born. Anyone who has experienced the high speed wobbles, also known as tank slap, will want the Glide-Pro Stabilizing System on their bike. Glide-Pro is made in America and is both domestic and international patent pending. This product has been personally tested by Jake and many other avid riders for the past five years, with over 50,000 test miles accomplished before bringing it to the public. If you want to make your touring bike handle the way it should, you need the Glide Pro Stabilizing System.
Jim McMahon, a longtime Chicago firefighter and motorcycle enthusiast, broke down twice today as he testified in a Cook County courtroom about being paralyzed from the chest down in a motorcycle crash.
He could use only his thumbs to wipe away the tears.
McMahon, 53, is suing Harley-Davidson, claiming the company produced a faulty motorcycle that led to his 2004 crash on an Arizona interstate. A resident of Chicago's Mount Greenwood neighborhood, McMahon requires a wheelchair and around-the-clock care.
In his opening statement, McMahon's attorney, Scott Hooper, said his client's bike "weaved and wobbled" before it crashed.
"A weaving and wobbling motorcycle is not a safe motorcycle," Hooper said. "They sold it knowing there's a problem with it and knowing there's a way to fix it."
McMahon's motorcycle, a 2004 black and cobalt blue Screamin' Eagle Electraglide, sat in the middle of the Daley Center courtroom. The bike's left side was mangled and grass remained lodged in the wheel.
Many jurors stood up to get a better look when Hooper pointed to the bike and said that some critical bolts were loose before the crash.
Mark Kircher, representing Harley-Davidson, said the crash was caused by driver error, not a mechanical defect.
"A moment of inattention caused him to leave the road," Kircher said. "When the road turned, he didn't."
McMahon bought his motorcycle on New Year's Eve 2003. At the time, he was a lieutenant with the Chicago Fire Department.
On March 29, 2004, McMahon and some friends, many of them fellow firefighters, were riding near Benson, Ariz. One rider signaled he needed gas and McMahon accelerated to the front of the group to alert others to the planned exit.
That's when McMahon said the motorcycle, which had only about 900 miles on it, began shaking and wobbling. When he tried to slow down, he said he felt it getting worse, so he sped up.
"I didn't know what was happening," McMahon said. "I was trying to hang on for my life."
After he crashed, he was unconscious and without a pulse. Doctors placed him in a medically induced coma.
On Wednesday attorneys from both sides tried to use product tests done by Harley-Davidson to support their arguments. Kircher said Harley motorcycles underwent "extensive, rigorous" testing that proves they are safe. Hooper said company tests show a pattern of problems similar to the one experienced by McMahon.
Hooper said he is representing three other clients with similar issues with their motorcycles, and that McMahon's case is the first to go to trial.
Submitted by too many people to thank individually other than here!
High-Speed Wobble Defined
Lieff Cabraser Heimann & Bernstein, LLP represents motorcyclists against Harley-Davidson in personal injury lawsuits allegedly as a result of what are commonly referred to as "high-speed wobble" (or "tank-slapper") accidents involving Harley-Davidson motorcycles. High speed wobble motorcycle accidents typically involve shaking or instability in the front end of the motorcycle. In certain cases, the front wheel can thrash from side to side, something bikers refer to as a "tank slapper" because the handlebars suddenly seem intent on battering the fuel tank into submission, causing the driver to lose control of the vehicle.
Harley Cycles and High Speed Wobble
On September 13, 2002, the Raleigh, North Carolina News and Observer reported that a local police officer had l ost control of his Harley-Davidson motorcycle after its front wheel began to wobble as he was passing a tractor-trailer at 85 mph, and died. A spokesman for Harley's corporate office said the company "is not aware of any issues with any of our motorcycles at this time."
The News and Observer, however, stated that other sources noted stability problems with the FLH series of Harley-Davidson, also known as the Electra Glide, Road King and Ultra Classic, which are widely used by law enforcement officers nationwide. "A Harley, when you get it to high speed, has what you call a high-speed wobble," Sgt. R.N. Stallings of the North Carolina Highway Patrol was quoted as stating. In an otherwise glowing article in 1999, Motorcycle Consumer News described "an oscillation in the chassis that keeps the bike from feeling steady, both while cornering and at elevated speeds." The writer attributed the problem to an offset between the front and rear tires [see video below]. Riders of Harley motorcycles who suffered injuries allegedly due to high speed wobble and would like to learn more about their legal rights, please click here to contact an attorney at Lieff Cabraser. All messages and your personal information will be held strictly confidential.
About Lieff Cabraser
We are a national law firm with offices in San Francisco, California, New York, New York, Washington, D.C. and Nashville, Tennessee.
We are recognized for our successful prosecution of individual and class action lawsuits involving personal injuries and property damage due to defective products, ranging from faulty building and home products to faulty cars, tires and computer devices. Our clients in these cases have come from across America, including persons living in Alaska, Alab! ama, Arka nsas, Arizona, Californi a, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia and Wyoming.
Currently, we are playing a leading role in litigation against Firestone and Ford Motor Company based on allegations that the companies failed to disclose risks of tire tread separation associated with the Firestone tires and the susceptibility for rollover accidents of the Ford Explorer.
Lieff Cabraser Heimann & Bernstein, LLP, Announces that Wisconsin Court of Appeals Reinstates Consumer Fraud Class Action Against Harley-Davidson
MILWAUKEE--(BUSINESS WIRE)--Jan. 14, 2003--
An Estimated One Hundred Thousand 1999 and Early-2000 Model Harley Motorcycles Are Equipped with Allegedly Defective Engines Lieff Cabraser Heimann & Bernstein, LLP, plaintiff's co-counsel in Tietsworth, et al. v. Harley-Davidson, Inc., and Harley-Davidson Motor Company, a consumer fraud class action lawsuit, announced that in a unanimous decision the Wisconsin Court of Appeals today reversed the trial court's dismissal of the lawsuit, finding that plaintiffs had properly alleged the necessary elements of claims under the Wisconsin Deceptive Trade Practices Act and for common law fraudulent concealment.
"We are gratified that the Court of Appeals recognized the merits of our case, and thrilled that our clients and all of the other consumers who bought and ride these motorcycles will have their day in court, and a chance to show that they got something less than what they paid for," commented Lieff Cabraser partner Lisa J. Leebove. "This is a tremendous victory for consumers. Now, we can move this case forward toward what we hope will be a successful resolution for our clients and the class."
The lawsuit was brought by California resident Steven C. Tietsworth, Wisconsin resident David Bratz and three other residents of Wisconsin. All are Harley-Davidson motorcycle owners with 1999 or early-2000 models equipped with Twin Cam 88 or Twin Cam 88B (together "TC-88") engines. Plaintiffs allege that the TC-88 engine was defectively designed and potentially dangerous due to the propensity for premature cam failure, which causes sudden and total engine failure. This failure could allegedly result in economic and physical injuries, including out-of-pocket repair costs, property damages, death or serious injury. Plaintiffs allege that Harley-Davidson knew and knows about the defect in the engines, and even sells a $500.00 "fix kit" designed to remedy the problem with the engines. The Court of Appeals held that Wisconsin law does not require Harley-Davidson owners to wait until their engines fail before they can bring claims for fraud or deceptive trade practices. The Court of Appeals held that it was sufficient that plaintiffs alleged that they and class members either would not have purchased the defective motorcycles if Harley-Davidson had not concealed from them and the public the defect, or that they would have paid less for the motorcycles had Harley-Davidson disclosed the alleged defect.
It is estimated that over 100,000 model year 1999 and early-2000 Harley-Davidson motorcycles were sold with the allegedly defective TC-88 engine. These motorcycles include the Dyna Glide series (including the FXDX Dyna Super Glide Sport, FXD Dyna Super Glide, FXDL Dyan Low Rider, and FXDS-Conv Dyna Convertible), the FL Touring series (including the FLHT Electra Glide Standard, the FLHTC/FLHTCI Electra Glide Classic, the FLHTCUI Ultra Class Electa Glide, the FLHRCI Road King Classic, and the FLTR/FLTRI Road glide), and the Softtail series models.
WHEEL OFFSET IS LIKE TRYING TO LEAN A SEGWAY
The Dragonater discovered a 1/2-inch offset between front and rear wheels on a Triumph Daytona 600, which apparently is a rampant design defect in many sportbikes. The rear wheel is offset to the right of the front wheel. This makes the bike feel harder to lean in right turns.
Ken Wheeler at Wheeler Performance checked the suspension sag, shock settings, spring rate, and rear wheel alignment. There is no way to adjust wheel offset. But I bet Yoshi Suzuki knows how.
