patrick.net

https://www.coffeeandcovid.com/p/the-execrable-games-tuesday-july

💉💉 More good jab news. The slow-motion collapse of the jab mandate industry continues. NBC Philadelphia ran a local-interest story yesterday headlined, “Former ADA wins appeal after being fired for refusing COVID vaccination due to religious beliefs.” The Third Circuit overruled the lower federal district court, which now allows former Assistant District Attorney Rachel Spivack’s case to head to trial.

Rachel, who is Jewish, was fired by the federal government —which never fires anybody including failed Secret Service Directors. But they sure fired Rachel, for refusing to take the jab on religious grounds. The District Attorney’s office made Rachel wait seven months before denying her request for a religious exemption, and then they fired her.

Even better, Rachel’s attorneys now get the right to take discovery, and so forth. I sense a settlement coming.

More like this, please. Progress!

Patrick says

More like this, please. Progress!

Better if they were not for religious reasons. The jab is a bad choice for scientific reasons.

HeadSet says

Patrick says

More like this, please. Progress!

Better if they were not for religious reasons. The jab is a bad choice for scientific reasons.

@HeadSet True, but Christina Hildebrant, who runs religious exemption workshops around here, says that only religious reasons will work, and that to even mention science instantly gives the establishment the motive and the justification for denying the exemption.

The reason is that "science" is completely owned by Pfizer, and the entire establishment has staked its credibility on Pfizer's repeated obvious lies.

If the establishment admits that the "science" is murderously wrong, they then give up their own credibility and power, and they will NEVER do that, no matter who dies from their corruption and incompetence.

So the only way that any exemption can get approved is for purely religious reasons. They have not staked their credibility and power on religion, so they don't have the existential angst about religious exemptions they way they do about scientific exemptions.

They see that once their genocidal corruption of "science" for cash is fully exposed, they have opened themselves up to extremely well-justified hangings.

https://www.covidlawcast.com/p/brave-citizens-holding-employers

The 3rd, 5th, 6th, 7th, 9th, 10th, and 11th Federal Circuit Courts of Appeals have issued 10 appellate decisions since May supporting religious and moral beliefs for employees who didn’t want the covid shot and/or testing.

This run of wins has roots in last year’s Groff v DeJoy decision out of the Supreme Court. That case rejected the "de minimis" standard for religious accommodations. The Court held that employers must show substantial costs to deny accommodation.

Here are some of the recent winning appeals briefly described:

2024-05-07 Does v Univ of CO Regents, 10th Circuit. ...

Where are the lawsuits to block Kamala from being on the ballot in states where the deadline has passed?

https://www.coffeeandcovid.com/p/toughen-up-thursday-august-1-2024

In February 2022, Attorney General Paxton sued Meta (Facebook) for capturing the biometric data (tagged photos and facial recognition) of millions of Texans without first getting informed consent. Paxton argued Meta’s data collection violated Texas's "Capture or Use of Biometric Identifier" Act and the state’s Deceptive Trade Practices Act.

This week, to settle the lawsuit, Meta agreed to pay Texas a staggering $1.4 billion over the next five years—just for collecting facial recognition data. Here is a link to the order approving the settlement. On top of the huge fine, Meta must also stop collecting Texans’ facial recognition data without their prior consent, and must delete all the data it has already collected. Boom.

Consider the old saying, “death by a $1.4 billion cuts.” One wonders whether AG Paxton would have focused so closely on Meta, absent Facebook’s corrupt pandemic censorship and its 2020 election interference. As they say, you have to pay to play.

https://www.covidlawcast.com/p/brave-citizens-holding-employers

The 3rd, 5th, 6th, 7th, 9th, 10th, and 11th Federal Circuit Courts of Appeals have issued 10 appellate decisions since May supporting religious and moral beliefs for employees who didn’t want the covid shot and/or testing.

This run of wins has roots in last year’s Groff v DeJoy decision out of the Supreme Court. That case rejected the "de minimis" standard for religious accommodations. The Court held that employers must show substantial costs to deny accommodation.

Here are some of the recent winning appeals briefly described:

2024-05-07 Does v Univ of CO Regents, 10th Circuit.

Government can't discriminate based on religious beliefs. It can't judge legitimacy of religious beliefs. It can’t “troll” through a person’s beliefs. And, policies can't favor secular over religious exemptions.

2024-05-24 Ringhofer v Mayo Clinic, 8th Circuit.

Employers can't judge if objection is truly religious. Religious beliefs don't need to be logical or consistent. A testing objection was upheld. Science can be part of belief—It may be part of judging how something is bad for you.

2024-06-07 Health Freedom Def. Fund, Inc., v. Carvalho, 9th Circuit.

Reinstated challenges to school vaccine mandate. Questioned legitimacy of mandating ineffective vaccine. Allowed attorneys to argue that the shots are not vaccines.

2024-06-12 Lucky v. Landmark Medical of MI, 6th Circuit.

Government can't second-guess religious interpretations. Rejected calling religious beliefs merely "personal." Personal beliefs count.

2024-06-18 Bacon v. Woodward, 9th Circuit.

Reinstated firefighters' challenge to vaccine mandate. Mandate not generally applicable due to exemptions. Mutual aid agreement allowed unvaccinated firefighters to fill in when needed so no rationale to discriminate.

2024-07-18 Beuca v. Washington State University, 9th Circuit.

Reversed dismissal of religious accommodation claim. Cited Groff's new "substantial costs" standard required before an employee may be fired.

2024-07-23 Davis v. Orange County, 11th Circuit.

Firefighter Battalion Chief refused to reprimand objecting firefighters. Vacated dismissal of retaliation claim. Cited Muldrow's new adverse action standard. The harm need not be significant to be compensable.

2024-07-29 Spivack v. Krasner, 3rd Circuit.

Remanded for trial on Free Exercise claim by an Orthodox Jew. Jury to resolve factual disputes on religious hostility by Krasner.

2024-07-29 Passarella v. Aspirus, 7th Circuit.

Religious accommodations can have religious linked with secular reasoning. Remanded for trial on accommodation claim.

Recent Finalized cases:

2024-07-22 EEOC v. Hank's Furniture

$110,000 settlement for manager denied religious exemption. Company enjoined from religious discrimination.

2024-06-28 Benton trial, TN

Jury awarded $687,240 to employee denied religious exemption.

Navy Seals

Started with a favorable 2022-02-28 Navy Seals 5th Circuit opinion. 35 Navy service members sued over vaccine mandate. Navy granted medical but not religious exemptions. Court ordered policy changes and $1.5M in attorney fees. Did not award damages or back pay. Did fix service records.

Ongoing cases:

Rake v. University of California Regents, 220,000 employees. Past motions to dismiss and in discovery. We get access to the medical records. Using California’s Constitution and laws against the Regents.

Some Military Cases From: Three Lawsuits Filed: Bassen | Botello | Harkins (militarybackpay.com)

Bassen v. United States (Active-Duty). Class action for about 8,500 active-duty service members involuntarily discharged due to unvaccinated status and other active-duty service members forced into early retirement or constructively discharged due being unvaccinated.

Botello v. United States (National Guard/Reserves). Class-action seeking backpay and other remedies for 70,000-100,000 members of the Air and Army National Guard, and for reserve members of all services, dropped from active-duty orders or active status, denied pay or benefits, or prohibited from participating in drills, training, other duties due to being unvaccinated.

Harkins v. United States (Active-Duty and Reserve). Class action for active-duty and reserve Coast Guard members involuntarily discharged due to their unvaccinated status, as well as any other Coast Guard members who were forced into early retirement or were constructively discharged due to being unvaccinated.

Others:

1000s of individual employment claims settled. Settlement numbers are going up as the appellate wins come in.

https://www.coffeeandcovid.com/p/impeachment-insurance-wednesday-august

On Monday, in a decision that will delight secular C&C readers, HR Dive ran a great legal news story headlined, “7th Circuit: Religious objections to COVID-19 vaccine may include secular reasons.” The sub-headline explained, “Healthcare employees who were denied a vaccination exemption based on their Christian beliefs and concerns about the vaccine’s safety can sue the employer for violating Title VII.”

In Passarella and Dottenwhy v. Aspirus, Inc., reversing a decision by the lower federal court, the 7th Circuit Court of Appeals ruled 2-1 to allow two former employees of Wisconsin nonprofit healthcare system Aspirus to proceed with their lawsuit. The workers claim they were unlawfully denied a religious exemption because their reasons for seeking the exemption mainly were related to their concerns about the vaccine’s safety and potentially harmful effects.

“The fact that an accommodation request also invokes or, as here, even turns upon secular considerations, does not negate its religious nature,” the majority wrote, adding that “a religious objection to a workplace requirement may incorporate both religious and secular reasons.”

HR Dive —a news site aimed at human resources managers— suggested that employers “should think hard” before rejecting exemption requests. The effects ripple far beyond covid jabs.

For instance, in the same article, HR Dive suggested HR managers consider a recent case from Michigan, where Trinity Health Grand Rapids agreed to pay $50,000 to settle EEOC allegations it had improperly rejected an employee’s religious request for exemption from its flu shot policy.

Flu shots . Progress!

https://www.coffeeandcovid.com/p/impeachment-insurance-wednesday-august

Yesterday, Variety ran an exciting story headlined, “Elon Musk’s X Sues Advertisers Accused of an ‘Illegal’ Boycott: ‘Now It Is War’.” Space billionaire and the world’s richest man, Elon Musk, declared war on a monopolistic cartel of advertisers that boycotted Twitter/X:

We tried peace for 2 years, now it is war

Here’s the link to Twitter’s newest lawsuit, filed yesterday. According to the lawsuit, a shady Belgian ‘industry trade group’ called the World Federation of Advertisers formed another ‘media watchdog’ group called the Global Alliance for Responsible Media (GARM). The WEF calls the two groups “a flagship project.”

Twitter alleges they launched a conspiracy — joined by dozens of advertisers — to “collectively withhold billions of dollars in advertising revenue” from Twitter/X. The conspiracy caused Twitter’s 2023 advertising revenue to dive -52%, to $1.13 billion, and revenues are still falling.

That’s a lot of damages.

The lawsuit followed hearings last month in the House Judiciary Committee, where Jim Jordan questioned a GARM representative and exposed internal emails revealing awkward internal discussions like, “we blocked Daily Wire, why not block Fox News?”, and one GARM advertiser member begging to please be allowed to go back on Twitter because it was an “important tool to reach our audience.”

Another email from a top GARM executive said that he “hated their ideology and bulls**t,” referring to Fox, Daily Wire, and Breitbart.

On June 10th, the House Judiciary Committee published its interim report, titled, “GARM’s Harm: How the World’s Biggest Brands Seek to Control Online Speech.” The Committee’s findings fueled Musk’s new lawsuit. Yesterday, video platform Rumble announced it was also joining the lawsuit (link includes video explainer):

Rumble @rumblevideo • 20h
BREAKING: Rumble has joined @X to sue a cartel of advertisers and ad
agencies who conspired to block ad revenue from going to certain
platforms and content creators.
GARM was a conspiracy to perpetrate an advertiser boycott of Rumble and
others, and that's illegal.

Other platforms will surely follow. The Judiciary Committee report is a dream for lawyers, a gift-wrapped windfall, having already assembled the evidence it would otherwise have taken years of discovery to obtain.

So never say Congressional hearings never go anywhere.

The other noteworthy item about this story is how much is happening behind the scenes, or even right in front of the scenes, but we don’t see it, because more urgent news is constantly coming at us through an anti-riot fire hose.*

(* anti-riot fire hoses were never deployed in Minnesota, having been accidentally buried under Tim Walz’s large-print copy of the Communist Manifesto).

As Elon said, echoing Andrew Breitbart, it’s war.

https://notthebee.com/article/the-biden-harris-administration-put-tulsi-gabbard-on-a-terror-watchlist-and-now-she-will-be-taking-legal-action-against-them

Tulsi Gabbard will be taking legal action against the Biden/Harris admin over putting her on a terrorist watch list:

‘My own government, my president, my commander-in-chief is targeting me as a potential domestic terrorist, the closest word that comes to mind is a complete sense of betrayal.'

‘After serving over 21 years and continuing to serve in our nation's military, my own government has labeled and is targeting me directly now as a domestic terrorist.'

‘They're using people like the air marshals as weapons and pawns to target their political opponents.'

‘Of course, there's no explanation given, which is why we are taking legal recourse.'

‘Obviously, I've been very outspoken about the dangers of the Biden-Harris administration to our democracy and to our freedom and to our national security. This is what happens as a result.'

Shouldn't matter where you land on the political spectrum, a former congresswoman and veteran being put on a terrorist watch list simply for speaking out against the current administration should enrage you. It should enrage you because it's not only a waste of your tax payer money, but because it is what some of the [worst] governments in history do and that doesn't represent America.

The weaponization of government against outspoken political opponents is things you see in governments such as Russia and Iran not America

If you are a Democrat thinking "that's what she gets for betraying us," please remember the Pendulum always swings back the other way. Eventually a non Democrat will take power and the precedent has now been set.

Americans deserve better.

https://ground.news/article/conservative-professor-reaches-multimillion-dollar-settlement-after-free-speech-lawsuit

Conservative professor reaches multimillion-dollar settlement after free speech lawsuit

A California community college district settled with a conservative professor, agreeing to pay $2.4 million after years of legal disputes.
Matthew Garrett claimed the Kern Community College District retaliated against him for questioning fund misuse in social justice projects.
Under the settlement, Garrett will receive $154,520 immediately and monthly payments for 20 years, and agreed to resign.

Garrett's attorney's argued that school officials retaliated after the two questioned whether grant money was being improperly used to fund woke social justice initiatives.

https://www.coffeeandcovid.com/p/kamala-chameleon-friday-august-30

On Wednesday, CNN ran a terrific story headlined, “Sarah Palin granted new trial in defamation lawsuit against the New York Times.” On Wednesday, the Second Circuit Court of Appeals revived Palin’s case, which was oddly dismissed in 2022 during jury deliberations. The judge wasn’t taking any chances.

Palin and her lawyers sued the Times for defamation, over its false implication that Sarah had been responsible for the 2011 shooting of Congresswoman Gabby Giffords (D-Az.) and 18 other people (six people were killed, including a federal judge). After Palin had gone through the whole case and her lawyers put on the entire trial, and after the jury went back to deliberate, only then did federal Judge Jed Rakoff rule that “no reasonable jury would find that the newspaper and editor acted with actual malice in publishing the article.”

While they were still deliberating, many of the jurors got push alerts on their phones about the judge’s decision, as joyful corporate media rushed to announce the happy news. Unsurprisingly, the jury, having been told how to vote, returned a ‘not guilty’ verdict for the Times.

On Wednesday, the Second Circuit Court of Appeals reinstated the case and ordered a new trial The decision is a fascinating read, carefully describing the media’s disgusting sausage-making and editorial character assassination. This is the second time the appellate court overruled Judge Rakoff and reinstated Sarah’s case.

The bungled dismissal and the poisoning of the jury were only two of the many problems the Court of Appeals noticed:

Despite the district court's Rule 50 dismissal, the jury was
allowed to reach a verdict, and it found the Times and Bennet "not
liable." Unfortunately, several major issues at trial -specifically, the
erroneous exclusion of evidence, an inaccurate jury instruction, a
legally erroneous response to a mid-deliberation jury question, and
jurors learning during deliberations of the district court's Rule 50
dismissal ruling -impugn the reliability of that verdict.

Not only that, but the Court of Appeals essentially found Sarah had proven her defamation case at the sky-high clear and convincing standard. “After reviewing the record and making all reasonable inferences in Palin’s favor,” the Court noted, “we conclude that there exists sufficient evidence for a reasonable jury to find actual malice by clear and convincing evidence.”

In legal terms, that’s what we call a “burn” on the trial judge.

The New York Times would be well advised to settle at this point. They say justice delayed is justice denied, but Sarah Palin may finally be about to get paid for the Times’ horrible reporting.

https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf

So the Supreme Court justly ruled that "Affirmative Action" is unconstitutional, because it is obviously racism in itself, judging people by the color of their skin rather than the content of their character or any other personal qualities.

And as a result, college admissions have become much fairer to those students who were explicitly discriminated against solely because of their race, namely whites and Asians.

https://dnyuz.com/2024/08/30/at-2-elite-colleges-shifts-in-racial-enrollment-after-affirmative-action-ban/

At Amherst College, the share of Black students decreased sharply — by eight percentage points — for this year’s entering class, according to data released on Thursday. ...

Amherst’s data showed that the percentage of white students enrolling rose sharply, while the percentage of Asian American students rose slightly.

Merit should be everything in admissions, and race should be nothing.

Universities are working hard to continue their racist policies by other means, and this means that other lawsuits need to be filed as well.

https://aaronsiri.substack.com/p/proud-to-be-suing-hospitals-and-doctors

Proud to Be Suing Hospitals and Doctors That Inject Hep B Vaccines Into Newborns Without Parental Consent

Hospitals and doctors across the nation: You are on notice

ICAN is supporting an initiative that is long overdue: suing doctors and hospitals that inject newborns with a hepatitis B vaccine without parental consent.

The hepatitis B vaccine is a case study in agency capture. The target for this product was sex workers and intravenous drug users, and the rare pregnant mother who was hepatitis B positive. The problem was that CDC could not get the sex workers and intravenous drug users to take this product. The story would have ended there if pharma didn’t stand to earn billions through a wider mandate of this product.

https://icandecide.org/article/stop-hep-b-vaccination-without-consent/

https://www.sirillp.com/hep-b-vaccines-administered-without-consent/

If your newborn received a hep B vaccine at the hospital without your consent, you may be entitled to compensation. Don’t let the hospital get away with doing this to other parents in the future. Contact us today.

Simply fill out the form on this page and one of our attorneys will provide a free evaluation of your potential claim.

Patrick says

So the Supreme Court justly ruled that "Affirmative Action" is unconstitutional, because it is obviously racism in itself, judging people by the color of their skin rather than the content of their character or any other personal qualities.

Great things are coming. This Court is pure fire. We just need the Presidency back and to make sure we have well funded NGOs to sue, sue, sue if a successor Democrat regime tries to reimpose or restore DEI.

https://www.covidlawcast.com/p/pfizer-is-tripping-over-its-arguments

Pfizer is tripping over its arguments

These lawsuits are revelatory.

Pfizer is contradicting itself between the Brook Jackson case and the Kansas case.

1. Contract Conditions:

· In Kansas case: Pfizer claims the contract had multiple "specific terms for Pfizer's performance" and various contractual conditions.

· In Jackson case: Pfizer claimed the contract had only "a single condition of payment: Pfizer's delivery of an FDA authorized or approved vaccine for COVID-19."

2. Statement of Work Requirements:

· In Kansas case: Pfizer argues there were many contractual obligations in the Statement of Work.

· In Jackson case: Pfizer specifically rejected the "allegation that the [Statement of Work] somehow tied payment to Pfizer's compliance with every particular of the clinical protocol or related FDA regulations" as "mistaken and refuted by the [Statement of Work] itself."

3. Clinical Trials:

· In Kansas case: Pfizer suggests clinical trials were part of contractual requirements.

· In Jackson case: Pfizer stated that the Statement of Work "states explicitly that Pfizer's 'clinical trials' are 'out-of-scope,' 'not related' to the agreement, and that the relevant studies were undertaken at Pfizer's expense 'without the use of Government funding.'"

4. Contract Clarity:

· In Kansas case: Pfizer argues for complex contractual obligations.

· In Jackson case: Pfizer claimed "the agreement is crystal clear" that delivery was the only contract condition.

Kansas could raise the doctrine of judicial estoppel meaning a party cannot just change a position to gain advantage when you asserted a different position in a prior case. The test is simple:

Clear contradiction in positions.

To gain tactical advantages in different courts.

Holding Pfizer accountable for its position would protect judicial integrity.

https://www.documentcloud.org/documents/25245990-kansas-motion-for-remand-1
https://www.documentcloud.org/documents/25245991-kansas-v-pfizer-notice-of-removal-1-1
https://www.documentcloud.org/documents/25245992-pfizer-opposition-to-motion-for-remand-kansas

That's not justice. Hangings are required.

https://x.com/newstart_2024/status/1849703063423943000

https://abc7news.com/post/bart-workers-fired-due-covid-vaccine-mandate-get-1-million-each-federal-jury-decides/15464182/

SAN FRANCISCO (KGO) -- A federal jury has sided with fired BART workers who sued the agency claiming they lost their jobs over a COVID vaccine mandate.

There are six of them total in the lawsuit and each will receive more than $1 million.

The employees claimed religious exemptions to the vaccine mandate but say they were not accommodated by the transit agency, and subsequently lost their job.

BART did initially grant vaccine exemptions, but the plaintiffs argued they weren't accommodated. An accommodation could have meant that they were able to work from home or get tested regularly for COVID. They argued none of that happened and they lost their jobs.

In total, BART must now pay a combined $7.8 million to all six former employees.

BART is a transit agency that is already between $350 and $400 million in the red, but BART's board of directors did vote eight to one for the vaccine mandate in 2021.

The money is not sufficient justice. The members of BART's board of directors who forced the mandates must be hanged.

Patrick says

"There are six of them total in the lawsuit and each will receive more
than $1 million. The employees claimed religious exemptions to the vaccine mandate
but say they were not accommodated by the transit agency, and subsequently lost
their job."

Question: What do we need a religious exemption? A simple NO is not good
enough for the courts?

https://nypost.com/2024/10/31/us-news/trump-sues-cbs-news-for-10b-alleging-deceptive-doctoring-of-harris-60-minutes-interview/

Trump sues CBS News for $10B alleging ‘deceptive doctoring’ of Harris’ ‘60 Minutes’ interview

Former President Trump is suing CBS News for $10 billion in damages, stating the network practiced “deceptive conduct” for the purpose of election interference in its interview with Vice President Kamala Harris.

Lol, it's brilliant just for the free publicity. And maybe he can win the suit and bankrupt them.

https://www.coffeeandcovid.com/p/apostrophe-gate-friday-november-1

Yesterday, Axios reported a highly amusing story headlined, “Trump sues CBS News for $10 billion over Harris interview.” Yesterday, President Hilariously, Trump’s lawyers sued CBS in a conservative district in Texas, for deceptively editing Harris’ interview answers to make her look smarter and more well-spoken than she really is, which amounted … wait for it … to election interference.

Here is a link to the Complaint, which if you have any interest in legal matters is very entertaining: -20241031 Trump’s Ten Billion Dollar Halloween Lawsuit vs. CBS.-

https://www.dropbox.com/scl/fi/87shfd7v0tb3gs3pljhsm/20241031-Trump-v.-CBS-Dist.N.D.Tex._2-24-cv-00236.pdf?dl=0&noscript=1&rlkey=buqtyadvdozd72rba5hvefvzg

The claim is based on Texas’s consumer protection statute, the same one Texas AG Ken Paxton is using to sue the vaccine manufacturers. Comically, Trump’s lawsuit alleged that CBS “deceptively edited Kamala’s answer in the October 5 Version to create the appearance that she was articulate and decisive, when in reality her full answer to the question was a jumbled ‘word salad’ that further exposes her and harms her electoral chances.”

Let the games begin!

https://kstp.com/kstp-news/top-news/supreme-court-rules-hennepin-county-absentee-ballot-board-must-comply-with-state-law-in-balancing-board/

Supreme Court rules Hennepin County Absentee Ballot Board must comply with state law in choosing election judges by Nov. 1

A petition in the Minnesota Supreme Court accusing Hennepin County of failing to comply with election law by not appointing election judges from a chosen list for its Absentee Ballot Board was granted on Tuesday.

The petition was filed by the Minnesota Voters Alliance, the Republican Party of Minnesota, Karen Attia, Marlene Stoick and Richard Sutter on Oct. 15 against Hennepin County, Ginny Gelms — the elections official for Hennepin County — and Daniel Rogan, the County Auditor for Hennepin County.

The petitioners accused the county and county officials of violating Minnesota law under allegations they didn’t “appoint any election judges from the Republican Party of Minnesota’s dedicated list… of candidate election judges as required by law.”

In a decision from the Minnesota Supreme Court on Tuesday, Chief Justice Natalie E. Hudson said the governing body of the Hennepin County Absentee Ballot Board “must appoint election judges from the Republican Part List and may appoint Republican-affiliated election judges not appearing on that list only after it has exhausted the candidates on the list.” The county has until Nov. 1 to comply.