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ANOTHER LEGAL WIN AGAINST COVID-19 VAX MANDATES

Lawyer Peter Fam writes in his Substack of 4 February about another legal win against vax mandates….this time in NSW. Employers now must face the possibility of legal exposure for enforcing brainless vaccine mandates and coercing employees to receive a dangerous injection. Peter Fam writes:

“Late last week, the NSW Court of Appeal found that the Personal Injury Commission was correct in awarding Ms Diane Dawking (a special needs teacher) workers compensation for the psychiatric injury she suffered as a result of the Department of Education's repeated threat that if she did not inject herself with a drug still in clinical trials that she would lose her livelihood.”

According to a new lawsuit filed in December on behalf of two media organizations, those being The Daily Wire and The Federalist, as well as the State of Texas and AG Ken Paxton versus the U.S. Department of State (the State Department) through its Global Engagement Center (GEC) and various US government officials, it is alleged that the defendants are actively intervening in the news-media market to both censor and limit the circulation of disfavored press outlets. These illegal activities are being done covertly to suppress speech of the American press, and are a direct violation of the first amendment of the US Constitution. Furthermore, as the State Department is only authorized to spend taxpayer dollars for the administration of foreign affairs, this program also violates its Congressional mandate.

The lawsuit states:

The Daily Wire, LLC (“The Daily Wire”), FDRLST Media, LLC (“The Federalist”), (jointly “Media Plaintiffs”), and the State of Texas bring this civil action to halt one of the most egregious government operations to censor the American press in the history of the nation against the above-named Defendants for declaratory and injunctive relief, and other appropriate relief, and allege as follows:

1. The U.S. Department of State (“State Department”), through its Global Engagement Center (“GEC”), is actively intervening in the news-media market to render disfavored press outlets unprofitable by funding the infrastructure, development, and marketing and promotion of censorship technology and private censorship enterprises to covertly suppress speech of a segment of the American press.

2. Defendants have been granted no statutory authority to fund or promote censorship technology or censorship enterprises that target the American press, tarring disfavored domestic news organizations as purveyors of “disinformation.” There is no enumerated general power to censor speech or the press found in the United States Constitution, and the First Amendment expressly forbids it, providing: “Congress shall make no law … abridging the freedom of speech or of the press.” U.S. CONST. amend. I.

3. The full breadth of Defendant GEC’s censorship scheme is currently unknown. At a minimum, Defendant GEC has funded, promoted, and/or marketed two American censorship enterprises: the Disinformation Index Inc., operating under the name Global Disinformation Index (“GDI”), and NewsGuard Technologies, Inc. (“NewsGuard”). These entities generate blacklists of ostensibly risky or unreliable American news outlets for the purpose of discrediting and demonetizing the disfavored press and redirecting money and audiences to news organizations that publish favored viewpoints.

4. Media Plaintiffs are branded “unreliable” or “risky” by the government-funded and government-promoted censorship enterprises of GDI and NewsGuard, injuring Media Plaintiffs by starving them of advertising revenue and reducing the circulation of their reporting and speech—all as a direct result of Defendants’ unlawful censorship scheme…”

“Yet, without authority and in direct violation of Congress statutory appropriation, Defendants have converted State Department resources and tools of warfare—information warfare—which were developed in the context of national security, foreign relations, and to combat American adversaries abroad, to use at home against domestic political opponents and members of the American press with viewpoints conflicting with federal officials holding the reins of this unlawful administrative power…”

“This lawsuit seeks injunctive relief to halt the unconstitutional and ultra vires actions of the State Department and put an end to one of the most audacious, manipulative, secretive, and gravest abuses of power and infringements of First Amendment rights by the federal government in American history.”

The North District Court of Texas has denied Pfizer’s motion to move the case to federal court against Pfizer for deceptive promotion and marketing. Texas petitioners can join the case until May 15, 2024, according to Karen Kingston, an independent medical-legal advisor and biotech analyst. The trial is scheduled for July 2025.

After the court decision, large losses in the value of their stocks befell Pfizer and their Chinese mRNA manufacturing partner (WuXi Biologics) and other Chinese biotech stocks. Pfizer has worked with these companies despite the well-known fact that they share data and intellectual property with the Chinese Community Party (CCP) and the People’s Liberation Army (PLA) in what the Chinese call the military-civil fusion. ...

One of many revelations: Did you know that the worthless PCR tests they stick up your nose have a much greater purpose? Often, the test swabs are sent back to their Chinese manufacturers, giving the Chinese Communist military an opportunity to study the DNA of Americans to tailor future biological weapons to our genetic makeup.

Shot-refusing employees that sued are winning their motions.

Based on privacy, religious, and medical reasons.

The MSM is not covering the fact that most employees are suing and settling with their past employers. That does not mean all succeed and our hearts go out to the brave clients and counsel who made an effort but could not find justice. Many of the latter will go on appeal and will help us all by reversing bad district court decisions. Here are a few litigation wins:

Dr. Christopher Rake class action: Order on Demurrer and Motion to Strike. A citation from the case: There is a basis for an expectation of privacy. (Pettus v. Cole (1996) 49 Cal.App.4th 402, 459 [“we are aware of no law or policy which suggests that a person forfeits his or her right of medical self-determination by entering into an employment relationship”]; Loder v. City of Glendale (1997) 14 Cal.4th 846, 895.

Varkonyi Case California: Varkonyi alleges that ULA’s refusal to grant a religious exemption constitutes discrimination under Title VII of the Civil Rights Act of 1964. ULA now moves for summary judgment on Varkonyi’s two remaining claims, primarily contending that providing religious exemptions would impose undue hardship. Dkt. No. 54. Because a reasonable jury could conclude that the cost of granting the exemptions does not constitute undue hardship, the Court denies the motion. The Groff case changed the battlefield and was a key basis for the decision.

Wahl v. ABC-General Hospital.pdf (documentcloud.org): Here, the modern-day inquisition into the Plaintiff’s religious beliefs failed. Therefore, the Court denies summary adjudication of the issue whether Plaintiffs had genuine religious beliefs. ABC accommodated the Plaintiffs until the injections became available in Fall 2021. This cut against the corporate argument that it faced a hardship accommodating the employees. The measures Plaintiffs wished to follow had been effective from July 2020 through the fall of 2021, without having to stop production due to a COVID-19 outbreak. Based upon this record, the Court’s “hands are tied,” as they say. There are enough disputed facts that the jury, not the judge, must decide whether Plaintiffs could have been accommodated without an undue hardship to Defendant.

And in Oregon: Thompson v. Assante - The Court emphasized that religious beliefs need not be painfully detailed — which is what these bigoted employers request. A court should generally accept the assertion of a sincerely held religious belief…. The district court found the plaintiff's general assertion that his Catholic faith motivated his objection to the vaccine was satisfactory at the pleading stage to allege a religious conflict with an employment duty. The plaintiff did not need to explain in detail how the vaccine conflicted with his Catholic faith.

4. Media Plaintiffs are branded “unreliable” or “risky” by the government-funded and government-promoted censorship enterprises of GDI and NewsGuard, injuring Media Plaintiffs by starving them of advertising revenue and reducing the circulation of their reporting and speech—all as a direct result of Defendants’ unlawful censorship scheme…”

Justice Glenn Martin found the Queensland Police Commissioner Katarina Carroll’s direction for mandatory Covid vaccination, issued in December 2021, to be unlawful under the Human Rights Act.

A similar Covid vaccination order issued by the Director-General of Queensland Health at the time, John Wakefield, was determined to be “of no effect,” with enforcement of both mandates and any related disciplinary actions to be banned.

In his decision handed down on Tuesday 27 February, Justice Martin held that the Police Commissioner “did not consider the human rights ramifications” before issuing the Covid workplace vaccination directive within the Queensland Police Service (QPS).

While the Covid vaccination directive to Queensland Ambulance Service (QAS) workers was found to be lawful, Justice Martin said that the Director-General had failed to “establish that the direction he made is a term of employment of the applicants.”

Justice Martin chastised the Commissioner and the Director-General for their inflexibility in the implementation of vaccination directives and suggested that their actions were not properly supported by the evidence.

“Neither the Commissioner nor Dr Wakefield gave close attention to the possible range of solutions. Each was presented with a proposal for mandatory vaccination with little in the way of well-developed critiques of alternative means of reducing illness and infection,” stated Justice Martin in the decision. ...

The decision, which resolved three lawsuits brought by law firms Alexander Law and Sibley Lawyers, is the “tip of the iceberg,” said Bond University associate law professor Wendy Bonyton.

Prof Bonyton told the Australian, “There are other cases, based on similar grounds, similarly challenging the legitimacy of directions given during the pandemic. This one is interesting because it is the first one to go through…There will be more of these cases to come.”

Australian businessman and politician, Clive Palmer, who reportedly contributed between $2.5 to $3 million towards funding the lawsuits involving 74 police officers, civilian staff and paramedics, said he is considering further legal action following the win.

Writ of Mandamus Filed in Florida Supreme Court, Seeks to Compel Governor DeSantis, and Attorney General Ashley Moody, to Ban the Jab!

Case # SC2024-0327 was filed in the Supreme Court of Florida. As a pro se litigant I filed a Writ of Mandamus with the Supreme Court of Florida. This Mandamus seeks to compel Governor Ron DeSantis and Attorney General Ashley Moody to prohibit the distribution of ‘COVID 19 injections’ AKA ‘COVID-19 nanoparticle injections’ or ‘mRNA nanoparticle injections’ in the State of Florida.

Approximately 10 Florida County Republican parties have declared Covid 19 injections to be biological and technological weapons, have called on the Governor to halt these injections, and for the Attorney General to conduct a forensic analysis of their contents. The Florida Department of Health has also called for a halt to these injections.

The most important thing that can be done is to get exposure to this action. The Governor can deploy his attorneys to fight against this action, or he can simply prohibit these weapons of mass destruction in the State of Florida, making this case moot. I sincerely hope he will comply. The more eyes on this the more likely the Governor and Attorney General do the right thing.

Devout Christian social worker suing NHS-backed care firm which rescinded £25,000-a-year job offer over his beliefs on LGBTQ+ movement

In a series of very influential studies, McKinsey (2015; 2018; 2020; 2023) reports finding statistically significant positive relations between the industry-adjusted earnings before interest and taxes margins of global McKinsey-chosen sets of large public firms and the racial/ethnic diversity of their executives. However, when we revisit McKinsey’s tests using data for firms in the publicly observable S&P 500® as of 12/31/2019, we do not find statistically significant relations between McKinsey’s inverse normalized Herfindahl-Hirschman measures of executive racial/ethnic diversity at mid-2020 and either industry-adjusted earnings before interest and taxes margin or industry-adjusted sales growth, gross margin, return on assets, return on equity, and total shareholder return over the prior five years 2015–2019. Combined with the erroneous reverse-causality nature of McKinsey’s tests, our inability to quasi-replicate their results suggests that despite the imprimatur given to McKinsey’s studies, they should not be relied on to support the view that US publicly traded firms can expect to deliver improved financial performance if they increase the racial/ethnic diversity of their executives.

Shareholders should SUE the boards that imposed low-competence diversity hire executives on them. This was a direct violation of the responsibility of boards to act in the interests of shareholders.

On July 14, 2022, Philipp Kruse filed a carefully worded comprehensive legal complaint against the Swiss Regulatory authority known as Swissmedic for their role in enabling deployment of the COVID mRNA “vaccines” into the population of Switzerland. On 28 March 2024, the complaint was refiled with substantial updates and amendments. ...

Criminal acts performed by Swissmedic

Initial authorization that breaches the law and duties

Perpetuation of illegal authorizations that breach the law and duties

Disregard for all additional indications of risk

Absence of a "life-threatening or debilitating" disease

No benefits from ineffective to harmful mRNA injections

Omission of the most elementary safety and effectiveness tests

Swissmedic blocked effective alternative treatments

Benefit-risk analysis – Clearly a negative profile

Continuing despite an obviously negative benefit-risk ratio

No product monitoring proportionate to the risks

Misleading information not proportionate to the risks

Medical malpractice – lack of information, lack of reports

Swissmedic out of control and acting to the detriment of the state and the population ...

Having filed this legal complaint, he posted a PDF copy on “X” for download and review, promptly resulting in “X” designating his account “Temporarily Restricted” due to “unusual activity”. ...

In the present case, we are dealing with the greatest danger to and violation of human health caused by medicinal products themselves and by misinformation from public officials in this regard that has ever occurred in the history of Switzerland. The mRNA "vaccines" against SARS-CoV-2 infections, which are largely ineffective and pose an above-average risk to human health, have been proven to pose a far greater threat to the healthy population than the SARS-CoV-2 pathogen itself, against which these "vaccines" were supposed to protect.

Covid Shot Mandate Suit Moving Forward

On the morning of October 4, 2021, anesthesiologist Dr. Christopher Rake went to work at the Ronald Reagan UCLA Medical Center in Los Angeles. Within hours, he was gruffly frog marched by security out of the hospital.

His crime? Not wanting to get the covid shot.

Rake is now one of six main plaintiffs in a class action lawsuit against the Board of Regents of the University of California system, a suit that the UC system tried - but failed - to get thrown out in January.

“This is one of the most important covid-related cases in the country,” said attorney Warner Mendenhall. “We are striking at the very heart of pandemic insanity.”

At the core of the case are issues being able to decide what happens to one’s own body, free speech, employment retaliation, medical ethics, government overreach, and the very idea of “informed consent” codified in California law after the Nazi Doctors trials in Nuremberg after World War II.

“This is one of the most important covid-related cases in the country,” said attorney Warner Mendenhall. “We are striking at the very heart of pandemic insanity.”

At the core of the case are issues being able to decide what happens to one’s own body, free speech, employment retaliation, medical ethics, government overreach, and the very idea of “informed consent” codified in California law after the Nazi Doctors trials in Nuremberg after World War II.

One thing that people may not know is that federal tort claims applies if you are a victim of the federal government.

So, if my car is hit by an uninsured illegal, sue the federal government?

Pharmaceutical giant AstraZeneca has admitted that its widely used Covid vaccine, branded Covishield, can cause rare side effects including blood clots and low platelet count.

Covishield was developed by the British-Swedish company in collaboration with Oxford University, UK, and produced by the Serum Institute of India. It was widely administered in over 150 countries, including Britain and India.

A class action lawsuit filed in the UK claimed that the vaccine led to deaths and severe injuries and sought damages up to £100m for about 50 victims.

One of the complainants alleged that the vaccine caused him a permanent brain injury after he developed a blood clot, preventing him from working.

While AstraZeneca has contested these claims, it admitted for the first time in one of the court documents that the vaccine can “in very rare cases, cause TTS”, or Thrombosis with Thrombocytopenia Syndrome, which is characterised by blood clots and a low blood platelet count in humans.

“It is admitted that the AZ vaccine can, in very rare cases, cause TTS. The causal mechanism is not known,” the company said in the court documents in February, The Telegraph reported.

A jury has reached a $1 million verdict against a private high school in Mountain View that expelled two students after a photo of them wearing acne masks was interpreted as blackface.

The students, Holden Hughes and Aaron Hartley, will get $500,000 each from St. Francis High School after they were swept up in a racial controversy amid the Black Lives Matter movement.

Hughes and Hartley will also get reimbursed for tuition, which was estimated to be $70,000 total for their three years attending the school at 1885 Miramonte Ave.

Their attorney, Krista Baughman, said the ruling extends protections from a California Supreme Court decision that mandated fair procedure rights for students at private universities.

This case extends these protections to private high schools, including religious institutions, ensuring students receive notice of charges and a fair opportunity to respond before getting disciplined, Baughman said. ...

The picture of the boys, taken at a sleepover in August 2017, went viral during the Black Lives Matter movement and sparked a parent-led protest in June 2020.

Within 24 hours, administrators said the boys could either leave or be expelled ahead of their senior year, the suit said.

The blackface was actually a green face mask that darkened, the suit said.

Parent Alicia Labana was named in the original lawsuit for allegedly posting the photo on Facebook while organizing a march at the school. ...

Because of the controversy, Hughes said his family put up security cameras around their home and asked Los Altos police to do extra patrols.

Hartley said he had to move three hours away to finish high school online without getting harassed or ridiculed.

The boys said the controversy jeopardized their future college and career prospects. They lost friends, sleep and the final year of their high school experience, according to the lawsuit.

Éloïse Boies, pictured above, is a YouTuber with the channel 'Élo Wants to Know.' She has been granted authorization to proceed with a class-action lawsuit against YouTube. The lawsuit alleges that the platform has been censoring content related to the pandemic, vaccines, and the Covid-19 virus that it disagrees with, citing it as medical misinformation.

The plaintiff, Éloïse Boies, who is legally represented by William Desrochers, alleges that YouTube, owned by Google LLC, censored three of her videos. YouTube cited a violation of its platform policy, stating that Boies spread "incorrect medical information contradicting that of local health authorities or the World Health Organization (WHO) regarding COVID-19." ...

The plaintiff primarily argues that YouTube's content control related to the COVID-19 pandemic is an unlawful an intentional infringement on freedom of expression, which is protected by the Charter of Human Rights and Freedoms.

Google contends that it hasn't breached the Charter since it's not obliged to offer a space for sharing videos regardless of their content. Additionally, it asserts that its platform is private and can be managed according to its own rules and preferences.

Superior Court Judge Lukasz Granosik mentions in his judgement that "Freedom of expression does not only mean freedom of speech, but also freedom of publication and freedom of creation. Granosik then quotes from the Supreme Court of Canada saying, "it is difficult to imagine a guaranteed freedom which is more important than freedom of expression in a democratic society."

Judge Granosik concluded after reviewing all the facts in the case that, "If Google manages and controls the content found on the YouTube platform and therefore takes actions in this direction, it cannot immediately deny all responsibility. If it carries out censorship by preventing certain people from posting videos and prevents other people from viewing these same videos, it thus hinders the free circulation of ideas and exposes itself to having to defend its ways of doing things."

" https://www.thegatewaypundit.com/2024/05/justice-texas-cop-fired-attending-j6-protests-receives/ "

The fact that it took an independent, small-firm lawyer without decades of constitutional law experience to beat back an unconstitutional amendment, underscores the equally astonishing fact that our big law firms are hopelessly conflicted, AWOL, and financially unable to effectively defend our freedoms. The problem is that most big firms are greedy for taxpayer dollars and are terrified of getting slapped on a government blacklist for daring to oppose a law popular among government elites.

Utah mom sues AstraZeneca, claiming she was left ‘permanently disabled’ in COVID vaccine trial

By Emily Crane
Published May 14, 2024

A Utah mother who says she was “permanently disabled” after taking part in the US clinical trial of AstraZeneca’s COVID-19 vaccine is suing the drug manufacturer because it failed to cough up enough cash to cover her medical expenses.

Brianne Dressen, 42, was “the picture of good health” when she started the British-made vaccine’s clinical trial in 2020 — but ended up developing a severe neurological condition, the lawsuit filed Monday alleges.

“I walked into the clinic fine, and walked out the beginning of a nightmare I wouldn’t wish on my worst enemy,” Dressen said, per the court papers.

SoCal district to pay $360K to teacher who was fired after refusing to follow transgender policies

A Riverside County school district has agreed to pay $360,000 to settle a lawsuit from a former teacher who was fired last year after refusing to adhere to policies regarding transgender or gender-nonconforming students, citing her Christian beliefs.

Jessica Tapia, who taught physical education at Jurupa Valley High School, claimed in her wrongful termination lawsuit that her free speech and religious rights had been violated. She had refused — hypothetically, in statements to district personnel — to use students’ preferred pronouns, to allow them to use the locker room matching their gender identity, or to “withhold information” from parents about their child’s gender identity, according to the federal lawsuit.

The Jurupa Unified School District did not admit any wrongdoing, but agreed to pay Tapia $285,000, as well as $75,000 for her attorneys’ fees, according to the settlement agreement signed Tuesday. Tapia also agreed not to seek future employment with the district, and both sides agreed to not disparage each other or file future lawsuits.

Julianne Fleischer, one of Tapia’s attorneys, called the settlement an “incredible victory.”

“Her religious beliefs were not accommodated when they could have been,” said Fleischer, legal counsel for Advocates for Faith & Freedom, a Murrieta-based nonprofit religious liberties group. “We think it sends a strong message that there’s a price to pay when you ask a teacher to lie and withhold information.”

“We think it sends a strong message that there’s a price to pay when you ask a teacher to lie and withhold information.”

Although many people have lost potential claims due to the inability to file within the statute of limitations, the fight is continuing and rulings are giving us ammunition for the next time, if our government is stupid enough to trigger one.

A great ruling today in New York’s Nassau County in SCOTT D. MANTEL, as Administrator for the Estate of DEBORAH BUCKO v. SOUTH NASSAU COMMUNITIES HOSPITAL d/b/a MOUNT SINAI SOUTH NASSAU. Congratulations to Attorney Steven M. Warshawsky!

From the Court:

As an initial matter, the Court notes that on this record, as thus far developed, there appears to be no dispute as to South Nassau being a “covered person” or Ivermectin being characterized as a “covered countermeasure” within the ambit of PREP. However, contrary to South Nassau’s assertions, the Plaintiff’s complaint neither “pleads a ‘claim[] for loss…relating to’ the use and administration of covered countermeasures to treat COVID-19” nor does it “arise[] solely from...[South Nassau’s] acts and decisions in dispensing covered countermeasures to...[the Decedent] for the treatment of her COVID19 infection”(NYSCEF Doc. No. 17 at pp. 2, 11). Rather, in stunning contrast to South Nassau’s assertions, the complaint alleges, with particularity, that South Nassau “acted wrongfully and negligently, by repeatedly refusing to administer ivermectin to...[the Decedent]” notwithstanding it “having been prescribed” by Dr. Clark and “despite clear evidence in the medical records that...[the decedent’s] condition showed significant improvement once the ivermectin treatment was initiated” (NYSCEF Doc. No. 5 at ¶ 60). In the instant matter, PREP confers “immunity only from ‘any claim for loss that has a causal relationship with the administration to or use by an individual of a covered countermeasure’” (Hudak v Elmcroft of Sagamore Hills, 58 F4th 845, 849 [6th Cir 2023] quoting 42 USC § 247d-6d [a][2][B]) and not with respect to “such a measure’s non-administration or non-use” (Hampton v California, 83 F4th 754, 763 [9th Cir 2023]), the latter of which is the central predicate upon which the Plaintiff’s complaint is based. Consistent with the above, the factual claims alleged in the complaint, which must be accepted as true and afforded the benefit of every favorable intendment (Nonnon v City of New York, supra at 827), are unequivocally based upon South Nassau’s “non-administration” of Ivermectin and accordingly the immunity afforded under PREP is inapplicable (Hampton v California, supra at 763).

Parents of two girls who allegedly died due to adverse effects after receiving Covid-19 vaccination have welcomed the Supreme Court's move seeking information from the government over the deaths of the girls.

Parents of 18-year-old Rithaika from Hyderabad and Karunya, 20, from Coimbatore had filed a petition in the top court last year, alleging that the girls died due to severe complications a few days after they received their first shot of vaccination.

"The SC has admitted our petition and the legal process of getting justice to our daughters' death has begun," said Venugopalan Govindan, Karunya's father. "These two lives lost are just representatives of countless other lives which have been lost similarly. I have hope that this will eventually result in necessary reparative measures and, more importantly, paving way for setting such processes in the country that will prevent the recurrence of such events in future."