This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight…
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Happy 40th to the Staggers Rail Act, Which Deregulated and Saved the U.S. Rail Industry

This week marks the 40th anniversary of the Staggers Rail Act of 1980, which deregulated American freight rail and saved it from looming oblivion.

At the time of passage, the U.S. economy muddled along amid ongoing malaise, and our rail industry teetered due to decades of overly bureaucratic sclerosis.  Many other domestic U.S. industries had disappeared, and our railroads faced the same fate.  But by passing the Staggers Rail Act, Congress restored a deregulatory approach that in the 1980s allowed other U.S. industries to thrive.  No longer would government determine what services railroads could offer, their rates or their routes, instead restoring greater authority to the railroads themselves based upon cost-efficiency.

Today, U.S. rail flourishes even amid the coronavirus pandemic…[more]

October 13, 2020 • 11:09 PM

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Jester’s Courtroom
They Were Skating on Thin Ice
Wednesday, March 11 2020

A Massachusetts judge has ruled in favor of several student athletes on a girls' hockey team who were disciplined by their high school for attending a house party where alcohol was served.

Norfolk County Superior Court Judge Maynard Kirpalani granted preliminary injunctive relief to the five teammates on grounds that Braintree Public High School's policy was too vague to be enforced.

"Under these circumstances, persons of common intelligence would likely differ on whether the plaintiffs were in the presence of alcohol and, thus, in possession of alcohol within meaning of the policy," Judge Kirpalani wrote. "The policy is insufficiently clear as to what conduct is prohibited and invites arbitrary and discriminatory enforcement."

According to news reports, the players attended a house party where parents were present. Despite calling their parents to pick them up once they learned alcohol was being consumed by underage party-goers, the girls were placed on "social probation" by the school, barring them from participating in sports or other activities for three weeks. School policy allows administrators to discipline students "deemed to be 'in possession'" of alcohol, even if the student is only in the presence of it.

Calling the policy ridiculous as it would prevent students from attending weddings or other events where alcohol is present, Dave Flanagan, attorney for the students, applauded the court's decision.

"They were very excited, that’s for sure,” Flanagan told reporters. The girls were allowed back on the ice in time to play in a big game, which they ultimately won, advancing them to the semi-finals.

Source: Boston.com

Unhappy at the Happiest Place on Earth
Thursday, March 05 2020

A Tennessee woman is suing Walt Disney World Resort in Orlando, Florida, seeking $30,000 in damages after allegedly being injured when an employee slammed a gate on her at Magic Kingdom's Space Mountain ride.

Among other complaints, the plaintiff claims in the lawsuit that the cast member failed to safely inspect and control the ride or exercise reasonable care. According to news reports, it is unclear from the lawsuit what injuries the woman suffered in the incident.

Source: wdwnt.com

"Not You. Us."
Thursday, February 27 2020

A lawsuit has been filed in Florida challenging 2020 presidential candidate Bernie Sanders' position on the March 17 presidential primary ballot.

Two Florida Democrats, Frank Bach and George Brown, have filed a lawsuit in circuit court in Leon County asking that that Sanders be disqualified from the Democratic primary because he is a declared independent. The lawsuit further requests the state refrain from counting any of the 244,000 absentee votes that may have been cast for Sanders by mail. The Florida Democratic Party labeled the complaint “ridiculous,” and the Sanders campaign called it “spurious.”

“Florida is a closed primary state, yet here we have someone who is an independent on the Democratic ballot,” said Karen Gievers, who is representing Bach and Brown. “You can’t be an independent and be a member of the party.”

“The Florida Democratic Party executive committee voted unanimously to place Senator Sanders on the Florida ballot,” Juan Penalosa, executive director of the Florida Democratic Party said. “Votes cast for the senator are valid and must be counted.”

Gievers countered, “It‘s hard to think that voter suppression or dilution would be described as ridiculous by a party official.”

According to news sources, Florida law gives political parties leeway to decide which candidates can appear on a party’s primary ballot.

Source: Politico.com

Patrol Car Thief Sues Police
Wednesday, February 19 2020

The family of a teenage girl who stole a police vehicle is suing the sheriff's office for failure to keep her safe while she was in protective custody.

According to news reports, Samaria Gray, sixteen years old at the time, was intoxicated and wandering the streets. Her mother, Georgina Pierce, had contacted the police and a sheriff's deputy found Samaria asleep on the side of the road, placing her in protective custody in the back seat of his patrol car. While the sheriff's deputy went up to the home to speak with her mother, Samaria got into the front seat and drove off. Before crashing the vehicle into a ravine, Samaria sped through the streets, hitting three cars, resulting in injuries to herself and one other driver.

The complaint charges that the sheriff's office had a duty to train the officer to secure his vehicle and not leave the keys in the ignition. The family is seeking an unspecified amount of damages for Samaria and her mother, including attorneys fees and litigation costs. In the lawsuit, the family alleges negligent infliction of emotional distress, loss of consortium and negligence resulting in personal injury/battery.

Samaria was charged with unlawful taking of a vehicle, aggravated DWI with bodily injury, reckless driving and no driver's license. She pled no contest to some of the charges and was sentenced to a term of probation not to exceed one year. San Juan County argues that it is not liable for the actions of the plaintiff.

Source: daily-times.com

A Super Bowl Hail Mary?
Thursday, February 13 2020

A radio show host and known Christian activist is reportedly searching for an attorney to take on his potential class action lawsuit against the NFL, Pepsi and his local cable company for the Super Bowl's 15-minute half-time show that put him "in danger of hellfire."

Dave Daubenmire says he was offended by the skimpy outfits, crotch shots and gyrating of J-Lo and Shakira during the half-time show, turning off the show because he didn't want to "let the spirit in my house." Daubenmire allegedly took to Facebook to ask for a lawyer to help him file a lawsuit for "pandering pornography" and "contributing to the delinquency of a minor."

"I tuned in to watch a football game. I didn't tune in to watch a porn show," Daubenmire said.

Source: si.com



Question of the Week   
Which one of the following was the first 20th century presidential candidate to call for a Presidential Debate?
More Questions
Quote of the Day   
 
"Wait until Scranton hears about this.One of Joe Biden's ways of contrasting himself with President Trump has been to declare the election a battle of Park Avenue values vs. Scranton, Pa., values.Now we learn that Biden has secretly been playing footsie with China.The statement Wednesday night asserting that the former vice president was a willing and eager participant in a family scheme to make millions…[more]
 
 
—Michael Goodwin, New York Post
— Michael Goodwin, New York Post
 
Liberty Poll   

Do you believe you will be better off over the next four years with Joe Biden as president or with Donald Trump as president?