Leagle Beagle April 2021

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