In our latest Liberty Update, we highlight the benefits of the Trump Administration's deregulation effort…
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Poll: Americans Overwhelmingly Agree with Trump's Pandemic Deregulation Initiative

In our latest Liberty Update, we highlight the benefits of the Trump Administration's deregulation effort, both pre-pandemic and going forward, and how a budding effort among Congressional leftists to impose a moratorium on business mergers would severely undermine that effort.  Rasmussen Reports brings excellent news in that regard, as large majorities of Americans agree with Trump rather than hyper-regulatory leftists:

The latest Rasmussen Reports national telephone and online survey shows that 58% of likely U.S. voters approve of Trump's decision to temporarily limit government regulation of small businesses to help them bounce back.  Just 26% are opposed, while 17% are undecided."

Sadly but perhaps predictably, those on the left stubbornly disagree:

The president's action has triggered…[more]

May 26, 2020 • 12:43 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
Show-Me State Sees China as Liable
Wednesday, April 22 2020

The state of Missouri is suing the Chinese government for its mishandling of COVID-19.

According to news reports, Missouri Attorney General Eric Schmitt has filed a federal lawsuit in a U.S. court, seeking to hold China accountable for the COVID-19 pandemic. Missouri claims China did little to stop the spread of the virus and “lied to the world about the danger and contagious nature of COVID-19.”

Missouri is demanding economic compensation from China on the grounds that Missouri residents may have suffered tens of billions of dollars in economic damages.

At press time, the state of Mississippi is considering a similar lawsuit.

Legal experts predict the lawsuits face uphill battles as China is protected by sovereign immunity.

Source: CNN.com

Will Tuition Lawsuits Go Viral?
Wednesday, April 15 2020

At least two of the nation's more than 5,300 colleges are being sued by their students after spring semester classes have moved online to adhere to social-distancing requirements.

Lawsuits seeking class action status have been filed against Drexel University and the University of Miami, alleging that the schools are failing to give them the experiences they have paid for: in-person instruction. With classes moved online, students are seeking refunds of tuition, room and board and fees.

“The students are going to have an uphill battle unless a school has actually shut down and they’re not getting credit,” said James Keller, co-chair of the higher-education practice at Saul Ewing Arnstein & Lehr LLP in Philadelphia, where Drexel is. “The basic contractual agreement is, I pay tuition, and if I satisfy academic requirements, you give me credit. That’s still happening.”

According to news reports, Roy Willey, a lawyer at the Anastopoulo Law Firm in South Carolina, the firm that filed the cases against the University of Miami and Drexel, said the schools weren’t providing students with the experience they were promised.

“The on-campus learning experience is very different than it is online; these student’s didn’t sign up to online colleges,” said Mr. Willey, who filed the cases.

Source: wsj.com

There’s No Cure for Frivolous
Wednesday, April 08 2020

Fox News is being sued by a nonprofit in Washington state, accusing the major news network of violating a consumer protection law by engaging in a “campaign of deception” regarding the COVID-19 pandemic.

According to news sources, the Washington League for Increased Transparency and Ethics alleges that Fox broadcasted news and commentary that constituted “malicious misrepresentation and false information,” depriving the public of information necessary to prevent or mitigate transmission of coronavirus.

“Defendants actions dissuaded the public, including elderly viewers, from taking necessary precautions to protect themselves from contracting the virus,” the complaint states.

“Wrong on the facts, frivolous on the law. We will defend vigorously and seek sanctions as appropriate,” Fox News Media general counsel Lily Fu Claffee countered.

Media law experts aren’t buying the viability of the lawsuit.

“This attempt to bring a products liability action against the news is a silly nuisance suit.  It has zero chance of prevailing under the First Amendment,” Bob Corn-Revere, a media lawyer with Davis Wright Tremaine said.

First Amendment expert Eugene Volokh, a professor at UCLA Law, adds in a blog post that he is “quite confident the lawsuit is going nowhere.”

"Overall a plaintiff would have to satisfy a pretty high burden in order to go after a media defendant and courts will be very reluctant to impose liability,” Venkat Balasubramani, a Seattle-based attorney who practices First Amendment law, said.

Source: Mediapost.com

Class Action Lawsuit Filed over $1.70 Gift Card Balance
Thursday, April 02 2020

A California resident is suing Starbucks after a local store failed to give him his $1.70 remaining balance on a gift card back in cash.

Robert Paskey has filed the lawsuit in Los Angeles Superior Court seeking class action status and compensatory and punitive damages. Paskey claims that a Starbucks’ employee at a Santa Monica Boulevard coffee shop denied his request for the cash redemption, telling him the sales software system did not provide for cash redemptions on card balances less than $10. According to news reports, the writing on the back of the company’s cards indicates that the gift cards are not redeemable for cash “unless otherwise required by law.” Starbucks' website states that cash redemptions for cards with less than a $10 balance can be obtained online, but a request must be made, and a wait of seven to 10 days is required.

Consumers should not have to undertake "independent online research projects" to determine their rights regarding Starbucks gift cards, according to the suit.

Source: fox5sandiego.com

Hit and Run...To the Courthouse
Friday, March 27 2020

A New York bicyclist who was hit by a car is being sued by the driver of the car.

According to news reports, Bryan Agnello was riding his bike home when he was struck from behind by Jovonte Cook. Agnello escaped without serious injury to his body, but his bike was mangled and his helmet destroyed. Months later, Agnello received a notice from Rochester City Court that Cook had filed suit against him, seeking $700 in damages to his car.

"I felt like I just got punched in the gut again," Angello, 37, said. "It was painful. I was angry."

The police report notes that Agnello was pedaling on the left side of the north-bound lane in front of Cook and slowed down just north of an interchange to make a left-hand turn when he was hit by the left front corner of Cook’s 2012 Ford sedan as Agnello prepared to turn.

"(Cook) said he did not see (Agnello) until he was on the hood of his vehicle," the police report read. Agnello said he was wearing a reflective rain suit and that his bike had reflective panniers and a blinking red light.

Cook, who was not ticketed or charged for the incident, filed his case in Rochester City Court, describing a version of events that conflicted wildly with the police report and Agnello’s recollection of the collision. He described Agnello as riding his bike at about 60 mph. In a phone interview, Cook allegedly claimed Agnello was traveling at 80mph and "came out of nowhere and splashed on my front windshield."

"There was a lot of damage that was done to my car and I couldn’t even use it the whole weekend to make money off of my car," Cook, a pizza delivery person, said.

The top speed recorded at the 2019 Tour de France, a grueling road race that draws elite cyclists from around the world, was 63 mph. The rider hit that pace during a descent in the Alps.

"If I could go 60 mph I wouldn’t be here, I’d be in the Olympics," Agnello said.

James Reed, an attorney with the Elmira-based Ziff Law Firm and an expert on New York’s bicycle laws, is advising Agnello on the case.

"In New York, if one vehicle rear-ends another vehicle, the rear-ending driver is legally responsible because it is his or her legal duty to keep their car under proper control so as to not rear-end another vehicle," Reed wrote. "And this is true whether it is raining or snowing, day or not."

Agnello has filed a counterclaim for $2,500 that he said covers the value of his destroyed bicycle, the time he spent recuperating, and the sheer aggravation of the ordeal.

But, he said, he would settle for Cook dropping his claim.

"I'm not about this stuff," Agnello said. "This is not me at all. I just want to ride my bike."

Source: Rochestercitynewspaper.com



Question of the Week   
The largest-ever helicopter evacuation took place during which of the following conflicts?
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Quote of the Day   
 
"Everyone is so afraid now. I grew up idolizing Evel Knievel. Kids now idolize Greta Thunberg."…[more]
 
 
—Tweet by Adam Carolla, Host of The Adam Carolla Show on Podcast One and Three Times New York Times Best Selling Author
— Tweet by Adam Carolla, Host of The Adam Carolla Show on Podcast One and Three Times New York Times Best Selling Author
 
Liberty Poll   

Until this week, the U.S. House has required Members to be physically present to vote. Due to coronavirus, "proxy voting," allowing Members to cast votes for absent colleagues, is now being used. Should "proxy voting" be allowed to continue?