Today, continuing our longstanding opposition to the ruination of American healthcare by importing foreign…
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CFIF Joins 75-Group National & State Coalition Opposing Socialized Medicine and Importation of Foreign Price Controls

Today, continuing our longstanding opposition to the ruination of American healthcare by importing foreign price controls and socialized medicine, CFIF proudly joins a 75-group coalition letter to the Centers for Medicare and Medicaid Services opposing the interim final rule to implement the "Most Favored Nation" (MFN) model under Section 1115A of the Social Security Act, which forces physicians, patients and providers into a mandatory demonstration under the ObamaCare Center for Medicare and Medicaid Innovation (CMMI), and which ties prices paid for medicines in Medicare Part B to the prices paid in socialized healthcare systems of foreign nations.

Specifically, the letter explains in detail how the rule will do nothing to stop foreign freeloading off of American pharmaceutical innovation…[more]

January 25, 2021 • 04:53 PM

Liberty Update

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Jester's CourtroomLegal tales stranger than stranger than fiction: Ridiculous and sometimes funny lawsuits plaguing our courts.
Jester’s Courtroom
Judge Bars Liquor Lawsuit from Moving Forward
Wednesday, February 05 2020

A Florida District Court judge has tossed out a lawsuit seeking class action status in a case against liquor giant Bacardi on the grounds that federal law preempted the 150-year-old state statute relied upon by the plaintiff.

In an effort to attain class action certification and damages, the case filed against Bacardi alleged that under Florida’s antiquated law the alcohol sold by Bacardi was adulterated and thereby worthless and illegal. The 150-year-old law in question stated:

562.455 Adulterating liquor; penalty. – Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

In seeking a dismissal, Bacardi countered that, since the state law was passed, grains of paradise have been recognized as part of the FDA’s list of safe (GRAS) ingredients, thus preempting the Florida law.

In dismissing the case with prejudice the court noted: “Numerous class actions have greatly benefited society such as Brown v. Board of Education, In re Exxon Valdez, and In re Agent Orange Product Liability Litigation. This is not one of those class actions.”

The Court also rebutted plaintiff’s assertion that his claims are not preempted because the Twenty-First Amendment grants states the right to regulate alcohol.

Source: Lexblog.com

A Picture Is Worth...$6.3 million
Thursday, January 30 2020

Pharmaceutical giant Johnson & Johnson has agreed to pay up to $6.3 million to settle a class-action lawsuit claiming that its Infants’ Tylenol was deceptively packaged as being uniquely formulated for babies.

According to the lawsuit, the marketing of the product with its use of the word "infants" and a photo of a mother holding a baby allegedly caused consumers to believe the medicine was made especially for infants. The lawsuit claimed that the Infants’ Tylenol contains liquid acetaminophen in the same concentration as Children’s Tylenol.

According to the settlement, U.S. residents who claim to have purchased Infants' Tylenol between October 3, 2014 and January 6, 2020, can file a request form seeking a partial refund of $2.15 per bottle, up to seven bottles. No proof of purchase is required for a refund of up to $15.05; claimants seeking more refunds must submit proof of purchase.

Source: wect.com

Strike One, Strike Two...
Tuesday, January 21 2020

A former baseball player lost his suit against the New York Yankees and now is suing the Cincinnati Reds and a North Carolina training complex.

Garrison Lassiter, a baseball prospect who reportedly never played above High-A ball, sued the Yankees for $34 million, claiming Yankees' legend Derek Jeter derailed his baseball career because he was afraid of the competition. Lassiter alleged that it was “blantanly (sic) obvious” that Jeter controlled the Yankees organization, and he insisted Yankees employees libeled and slandered him to other teams, preventing him from reaching the major leagues. Lassiter's lawsuit, alleging conspiracy between the Yankees and Jeter, was dismissed.

“I cannot get on the field due to the New York Yankees trying to control my career,” he wrote in all caps to several major league teams, looking for deals that never came. “I’m the only Baseball Player that will stand up to the New York Yankees,” he added in the final page of the legal document.

Having lost that suit, Lassiter is now suing the Cincinnati Reds for $1.635 million. In a separate lawsuit, he is also suing Proehlific Park, a North Carolina training complex owned by former NFL wide receiver and Hillsborough, N.J. native Ricky Proehl. Lassiter had signed with the New York Yankees rather than pursue a college football career but now says Proehl’s facility failed to get him an NFL tryout.

According to news reports, Lassiter’s best season arguably was in 2011, when he hit .274 with a home run and 23 RBI in 64 games. After the Yankees released him the next year, he redshirted at quarterback for the University of Miami, never appearing in a game.

“Offensively, he was OK,” said Aaron Ledesma, who managed Lassiter at Low-A Charleston in 2011. “He was below average. Not much power, didn’t really hit for a high average. Speed-wise, he was below average.”

Lassiter, who put himself through law school, is acting as his own attorney.

Source: nj.com

Watch Your Step
Thursday, January 16 2020

A New York man is suing Westchester County Airport seeking $5 million in damages after he tripped over a luggage scale.

According to news reports, Ralph Faga was visiting the airport to purchase a plane ticket when, after being told the prices for the trip were higher than what he saw online, he was invited to the agent's side of the counter to view ticket prices on the computer screen. As Faga was coming around the corner, he allegedly tripped over a luggage scale he did not see, suffering a torn rotator cuff and bicep tendon, which reportedly is inoperable.

Faga charges that the airport staff was negligent and the scale was not properly marked for visibility. According to Faga’s attorney, his injuries are permanent and will change his lifestyle significantly, which is why Faga is now seeking such a high settlement.

Source: travelandleisure.com

A Doggone Huge Lawsuit
Wednesday, January 08 2020

A New York man is suing a local animal shelter for $5 million, claiming the shelter wrongly adopted out his dog, Eto, a Belgian Malinois.

Clifton Benjamin, a TSA canine handler, claims he purchased Eto in the Netherlands and brought him to the United States. The day after one-year old Eto went missing, he turned up at the Town of Islip animal shelter, where Benjamin went to pick him up. According to news reports, Benjamin claimed to have all the pedigree information for the dog, including his pet passport, vaccination records and shipping/tracking information.

Belgian Malinois are often trained for use by U.S. Secret Service members and for tracking and security and have been known to be sold for between $20,000 and $40,000.

"This is the equivalent of finding a Ferrari at a used car dealership," Benjamin's attorney, Vesselin Mitev, of Ray, Mitev & Associates, LLP, said. "The outrageous behavior of those sworn to reunite animals with their owners cannot go unpunished. We must find Eto. We know he is out there and we demand him back."

In a statement, a town spokesperson said that several people came to claim the dog but none could prove ownership.

"The plaintiff had no physical paperwork in his name, and what he did have, included inaccurate information including a chip number that did not match the chip number in the dog," the statement reads. "The plaintiff admitted to giving the dog to a third party. The dog was brought in on September 14th, 2018 and adopted on October 5, 2018. We received several inquiries. We did more than our due diligence in looking for a responsible owner. The dog was ultimately adopted out to a retired NYC police officer with no relationship to the Town of Islip. This is a frivolous lawsuit and will be vigorously defended by the Town of Islip."

Source: patch.com



Question of the Week   
Which one of the following was eulogized as “First in war, first in peace, and first in the hearts of his countrymen”?
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Quote of the Day   
 
"The joke survives the test of time and, under the circumstances, deserves repeating. As the late journalist Mickey Carroll told it, a suburban town with a population 90 percent Irish and 10 percent Jewish held a mayoral election involving two candidates -- one Irish and one Jewish.The Irish candidate won with -- wouldn't you know it? -- 90 percent of the vote. Whereupon he immediately denounced the…[more]
 
 
—Michael Goodwin, New York Post on FOX News
— Michael Goodwin, New York Post on FOX News
 
Liberty Poll   

Would a federally mandated $15 an hour minimum wage have a positive or negative impact on your state's overall economy?