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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

Leagle Beagle March 2021

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