Leagle Beagle April 2021

Posted on June 3, 2021June 3, 2021 by Sullivan Users

Ah, Spring!!

COVID v the GOVERNOR

Several business people sued Illinois Governor Pritzker for constitutional violations for shutting down businesses during the pandemic, demanding dollars for lost profits. A federal judge in Chicago recently held that neither the Governor nor the State of Illinois could be sued under Sec 1983 for damages for ” alleged financial losses occasioned by …Executive Orders.” And besides…the 11th Amendment bars such a suit.

THROW HIM OUT !!

In April 2019, the infamous umpire Joe “the singing umpire ” West was umpiring a game being podcast by All-Star catcher Paul Lo Duca, where Lo Duca said that he’d been ejected 8 or9 times by West. West filed suit for defamation saying that such attacks on his integrity would hurt his chances for election to the Hall of Fame, when in fact he’d only thrown Lo Duca out once. A New York Supreme Court Justice this month awarded West $500,000 plus interest, concluding “…one’s integrity & character are primary measures that are applied to the assessment of an umpire’s or player’s quality.” Yer Out !!

TOOTSIE POPS…or PUPS ??

In a lawsuit filed in Federal Court in Chicago this week, locally-based Tootsie Roll Industries is seeking to protect its brand name against use by a Minnesota company, Spunky Pup, who, it alleges, has used “deliberate efforts to wrongly profit & otherwise benefit from the goodwill Tootsie has established in its trademark and trade dress.” Spunky’s Tootsie Pups, it alleges, uses similar colors & shapes for its doggie treats; in addition, they’re using packaging very similar to Tootsie Roll. Spunky Pup has refused to stop production. Who’s gone to the dogs??

CARRYING GUNS IN HAWAII

The US Court of Appeals recently ruled on the legality of Hawaii’s law which bans the carrying of guns in public unless the person has good cause. One argument in favor of the law was that the 2nd Amendment applies only to weapons kept in homes. The Court held that the 2nd Amendment “…does not guarantee an unfettered general right to openly carry arms in public for individual self-defense. According, Hawaii’s firearm-carry scheme is lawful.” (Look for this to eventually end up at the Supreme Court.)

OFF-CAMPUS SPEECH–CAN IT BE DISCIPLINED?

In frustration over being removed from the high-school cheerleading squad, the sophomore posted messages on social media that, according to the school, violated cheerleading written rules. She sued saying that they violated her constitutional right to free speech; it’s now in the US Supreme Court. The Court of Appeals earlier had found in her favor, finding, per precedent, that such doesn’t apply to off-campus speech. The US appealed on grounds that “A school need not tolerate student speech that is inconsistent with its basic educational mission.” Stay tuned!

THEY SAID IT…

My mom said the only reason men are alive is for lawn care & car maintenance.— Tim Allen
Men do cry, but only when assembling furniture.— Rita Rudner
If you shoot a mime, should you use a silencer? —Steven Wright
Here’s a health warning: Don’t moon a pit bull after sitting in A-1 sauce. — Johnny Carson

Leagle Beagle March 2021

Posted on June 3, 2021June 3, 2021 by Sullivan Users

HAPPY ST. PATRICK’S DAY

DEPAUL STUDENTS SUE FOR COVID REFUND

Claiming that they entered into a contract with the University, backed by statements in the student handbook, they maintained that DePaul agreed to give them in-person classes & experiences for their fees & tuition. On March 11, 2020, the school announced that winter exams & spring classes would be held remotely, as the rest of the country shut down. A Federal Judge recently pitched the case, saying that the handbooks, rather than making promises, was an “aspirational statement “, instead of a “… statement aimed at obligating the University to particular actions”. (A similar lawsuit was dismissed against Loyola University.)

YOUR STIMULUS CHECK–TAXABLE ??

In short, the answer is “no”; neither last year nor this year are taxable. Both are considered to be an advance on something called your Recovery Rebate Credit, which your CPA will calculate to see if you are owed even more as a tax refund.

A VACCINE PASSPORT ??

Recently the United Kingdom announced that it was going to push forward with plans to establish a vaccine passport that would be recognized on an international level, thus allowing citizens to travel more freely by proving that they don’t have the coronavirus. Acknowledging that it brings up legal & ethical issues, the UK nonetheless plans to work with the World Health Organization, the G7, and others toward a “framework with standards that provide consistency for passengers & industry alike.” Looking to use a phone app for display, they also hope such could be used by large events, employers, & other venues.

ANIMAL CRUELTY- A VISIT TO THE PEN

A Chicago police officer, after seeing a dog chained to a pole in 15-degree weather, received a search warrant for the house. Inside he found 4 dogs living without water or heat and in awful filth. The Appeals Court cited precedent that keeping animals in inhumane conditions is indeed abuse and upheld the prison sentence of 2 years.

THEY SAID IT

The first part of our marriage was very happy. But then, on the way back from the ceremony… Henny Youngman

I don’t get no respect. The time I got hurt, on the way to the hospital the ambulance stopped for gas… Rodney Dangerfield

I had a cholesterol test. They found bacon… Bob Zany

Did you ever walk into a room and forget why you walked in? I think that’s how dogs spend their lives… Sue Murphy

Leagle Beagle February 2021

Posted on June 3, 2021June 3, 2021 by Sullivan Users

WILL YOU BE MY QUARENTINE?

Referrals are a sign of trust and we thank you for them.

EXTREME CAUTION: Nursing Home Admitting Papers

If you’re having to consider placing a loved one in a facility, there will be zillions of paperwork to deal with: medical, do-not-resuscitate, powers of attorney, etc. But one word of advice: watch for the inevitable arbitration clause. Don’t sign it, and be careful as it’s often hidden! You must protect your right to seek the help of a court should it ever become necessary, whereas that arbitration agreement usually gives up that right, tossing a hearing to an arbitrator–not a judge–who also is usually picked by the facility. And one more thing: admission to the facility cannot be denied for failing to sign their arbitration agreement!

TICKET QUOTAS FOR COPS

The city of Sparta enacted a policy where the cops were evaluated on a point system that went from 3 to 1 point, with traffic citations carrying the most for the officer. It said that the policy didn’t violate the law because an officer could meet the minimum without issuing a ticket (e.g., giving a warning). As the Court stated, “This policy still violates (the law) because it does exactly what is prohibited by the plain language of the statute…” Nice try, Sparta!

A TWIST TO THE CIVIL RIGHTS ACT

Traditional discrimination claims have been brought by women & minorities. In a bit of a twist, a federal judge in Chicago has held that a white jail officer has a valid “reverse discrimination” claim brought under the Human Rights Act. The judge, saying that the officer pled discrimination based upon race, allowed the lawsuit against the Police Department to proceed.

NEW ILLINOIS LAWS

At the start of every year, we’re usually sorting out maybe hundreds of new laws; but with the pandemic, the legislature has been quiet. No…very quiet! Here are all three laws:

1.) This allows law enforcement to secure a DNA sample from the family of a missing person and to work with the National Missing & Unidentified Persons clearinghouse in attempting to find the individual. Once located, the DNA can’t be retained by police. (PA101-0266)

2.) This allows victims of domestic violence, stalking, and the like to use a “substitute address” to protect them. Once applied for, the Attorney General will forward all 1st class mail to that address. (PA101-0270)

3.)The out-of-pocket expenses for insulin (with a state-approved insurance plan) are now capped at $100 a month, no matter the amount of insulin used or prescribed. (PA101-0625)

THEY SAID IT!

I know a man who thinks marriage is a 50-50 proposition, which convinces me that he doesn’t understand women or percentages. –Henny Youngman
Relationships are a lot like drugs. You develop a dependency; and if you’re not really careful, you could wind up losing your home. –Mike Dugan
My friend Larry’s in jail now. He got 25 years for something he didn’t do. He didn’t run fast enough! –Damon Wayans
Think about it: why do they put “wanted posters ” in the Post Office?? Do they expect us to write to them? –Jerry Seinfeld

Leagle Beagle December 2020

Posted on June 3, 2021June 3, 2021 by Sullivan Users

Leagle Beagel December 2020

Last Christmas I got no respect. In my stocking, I got an Odor Eater. –Rodney Dangerfield

CAN YOUR BOSS REQUIRE YOU TO VACCINATE?

With the wonderful news of the approval of vaccines, some people are not convinced that they will take it. So then, can your workplace tell you that you must take it? The short answer appears to be yes. But while there is not a universal answer, nonetheless we know that mandatory vaccines are nothing new. Schools have for years demanded them as a condition for study. And those in health care have experienced the same. So it probably isn’t a stretch that after such a pandemic as we’ve experienced that an employer can mandate such for employment in order to protect its work areas. (Religious beliefs & disabilities under ADA may be exemptions.) We do expect some guidance soon from the EEOC, and the Beagle will keep you advised.

December 25th is National Jews Go to the Movies day. –Jon Stewart

IT’S TRUE!

A hot-shot civil rights lawyer in New York got in a verbal tussle with a NYPD Sgt.: When he tried to serve papers on the PD, the Sgt grabbed his pen. Nonetheless, the hot-shot sued & took them to trial! Writing for the Court, the Judge said: “Once upon a time, we urged people not to make too much of real but petty grievances by saying, ‘Don’t make a federal case out of that'”. She then awarded $2.00!

Here’s a money-saving tip for Christmas: Glue a jujube on a brick & mail it out as a fruitcake. –Julie Brown

WHEN MY GYM IS CLOSED, AM I STILL LIABLE TO PAY?

An often asked question with apparent answers depending on state law. The first thing to do is to call your club to see if they amicably will suspend your membership, as they will want you back. And ask for written confirmation. If that doesn’t work, send a notice of cancellation via certified mail.

And if the club sends you to collections, know that Illinois law does not allow an assignment by physical fitness centers. (815 ILCS 645/8) In fact, it says: ” Such an assignee is not a holder in due course.”

The Supreme Court ruled against a nativity scene in Washington DC. This wasn’t for any religious reasons. They just couldn’t find 3 wise men and a virgin. –Jay Leno

JOY TO Y’ALL!