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En Banc Petition Filed in Kane & Keil Federal Court Cases for Unvaccinated Educators
What is an "En Banc" Petition, you ask?
Kane v. de Blasio was the first federal case filed for fired unvaccinated workers in NYC denied a religious exemption to vaccination. Those workers were all teachers and educators. Shortly after this case, Keil v. City of New York was filed for other educators denied religious exemptions, and now the two cases have been combined in the courts.
Recently after sitting on our appeal for over 20 months, the 2nd Circuit Court of Appeals dismissed the cases for the majority of Kane plaintiffs and all of the Keil plaintiffs. (Two of the Kane plaintiffs had their petitions granted).
Now our attorneys have responded to this decision by calling for an “en banc” review of the case by the 2nd Circuit.
What does that mean?
Our case was just ruled on by three of the justices in the 2nd Circuit Court. Their ruling was so incredibly blind to the evidence that was presented in over 100 pages to the court, that we are now asking all of the judges in the 2nd Circuit to review the case and the decision (which is a total of thirteen judges).
That’s because the decision treated the majority of our plaintiffs who made the same factual allegations as those whose petitions were granted, as though we had not made the very same arguments, and no explanation was given as to why we should be treated differently. Our attorneys are asking an en banc court to grant the petitions from all our plaintiffs, resolve the multiple conflicts, and reverse the dismissals. ...
Because of this, our attorneys have asked every justice in the 2nd Circuit Court to review our petition. If this petition is not granted, it is highly likely we will be headed to the Supreme Court of the United States.
We have been fighting these cases for over 3 years now.
Fukushima, who has 208 scholarly papers to his name on ResearchGate, warned that doctors who want to sound the alarm are being silenced.
In February 2023, he filed a lawsuit against the Japanese government for allegedly hiding vaccine harms.
“Japanese doctors are trying hard, but they face various obstructions,” Fukushima said.
Professor Yasufumi Murakami from the Tokyo University of Science is demanding that the administration of Covid mRNA shots be banned.
“It’s very clear what happens when you administer a toxic gene to a human,” he said before laying out long-term risks.
“There are cases that occur within one or two weeks after injection, but there are also many cases that appear after one or two years.
“Vaccines that have failed are still being administered and the Ministry of Health, Labour and Welfare recognizes these failed vaccines.
“So I would like them to stop immediately,” he continued.
“And even though I speak out in various places, they don’t stop at all.
“So we will clearly present evidence and publish it as articles, one by one.”
The lawsuit v Pfizer by TX Attorney General, Ken Paxton is dismissed
PREP Act and EUA law pre-empt civil lawsuits. These suits are theater/political campaigning. AGs serious about prosecution should bring criminal charges, not civil complaints. ...
The AG Paxton’s (TX) case against Pfizer for deceptive marketing practices under TX law has been dismissed. The judge cited PREP Act as the reason for dismissal as it pre-empts state law and regulatory authority. ...
Both Katherine Watt and I have written extensively about Prep Act and EUA law, describing them as the wall of the legal kill box that must be dismantled before any justice and accountability can begin for the covid crimes. As HHS Scy, RFK Jr can terminate the PREP Act declarations for covid and other fake “pandemic” emergencies (now active until end of 2029), but the PREP Act itself must be nullified by legislators. States can nullify the federal law, and the US Congress can act, too. AGs of states have authority to bring criminal charges, instead of filing pointless civil complaints.
However, the ruling of the following case clearly establishes that a person could not be legally compelled to participate in medical treatment to save another person's life.
Definition of compelled: : to cause to do or occur by overwhelming pressure and esp. by authority or law
https://dictionary.findlaw.com/definition/compel.html
Constitutional Limits on Such Authority
Even if either the federal or a state government is acting within its authority to respond to COVID-19, a state of emergency does not give it free rein to violate constitutional rights.
https://www.akingump.com/en/insights/alerts/covid-19-emergency-powers-and-constitutional-limits
McFall v. Shimp and the Case for Bodily Autonomy
Written By Alexia Ingram
The case, McFall v. Shimp (1978), ruled that a person could not be legally compelled to participate in medical treatment to save another person's life. The holding of McFall v. Shimp extends beyond this narrow circumstance; Judge John P. Flaherty applied the ruling to the moral obligations of people and other living things, citing the duty of the court to protect the individual from being invaded and hurt by others. [1] McFall v. Shimp employs the physical body's rights and duties, consistent with the discussion of reproductive rights during pregnancy—given the ongoing discourse on the legality of abortion, a critical examination of bodily integrity is necessary to distinguish moral conflicts from legal obligations. McFall v. Shimp set a legal precedent that an individual is not under compulsion to aid another person at their mental or physical expense, upholding the right to bodily autonomy found at the center of the debate on the legality of abortion.
https://hulr.org/spring-2021/mcfall-v-shimp-and-the-case-for-bodily-autonomy
Press ReleasePublished: Jul 28, 2023
Hearing Wrap Up: COVID-19 Vaccine Mandates Sacrificed Individual Freedoms for False Security
Key Takeaways
The Biden Administration forced a novel COVID-19 vaccine on millions of Americans without considering the health of the individual or natural immunity. Removing physicians from this medical decision was politically expedient in the short term but has had disastrous long-term consequences.
https://oversight.house.gov/release/hearing-wrap-up-covid-19-vaccine-mandates-sacrificed-individual-freedoms-for-false-security/
In overturning a disciplinary decision of the Order of Physicians, the Court of Cassation stressed that a disciplinary authority such as the Order cannot impose its own interpretations to discredit value judgments. As the Court so aptly expressed: "In a debate of general interest, freedom of expression cannot be limited to the presentation of generally accepted ideas alone; it extends to the dissemination of information that offends, shocks or disturbs in areas where certainty is lacking." ...
These precedents confirm that, in complex debates such as those on health measures or vaccination, the plurality of voices is essential to guarantee a genuine democratic debate.
A very embarrassing case law for the Order
Concretely, the Order of Physicians has the possibility of reintroducing disciplinary proceedings against the practitioner concerned, but the arguments on which the procedure was based have been invalidated by the Court of Cassation, making any new action very unlikely.
This ruling also opens the way for other doctors sanctioned by the Order during the Covid crisis to assert this decision, in particular by invoking the cancellation of their own sanctions. In theory, this could also make it possible to claim compensation for the damages suffered, although the legal feasibility of such steps depends on specific cases and could require in-depth analysis. Furthermore, this decision strengthens the hope for the doctors concerned to restore their reputation and effectively contest the disciplinary measures taken against them. We are thinking in particular of Dr Alain Colignon, Dr Pascal Sacré, Dr Laurence Kayser, Dr David Bouillon, Dr Gaëtane Beeckaert, Dr Frédéric Goareguer, Dr Cécile Andri, Dr Stéphane Résimont and many others.
A federal judge in California has rejected an effort by Bay Area Rapid Transit (BART) to overturn a jury verdict that awarded $7.8 million to six former employees who were fired for refusing to comply with the agency’s COVID-19 vaccine mandate on religious grounds.
A federal judge in California has rejected an effort by Bay Area Rapid Transit (BART) to overturn a jury verdict that awarded $7.8 million to six former employees who were fired for refusing to comply with the agency’s COVID-19 vaccine mandate on religious grounds.
Scott, executive director of the World Peace Through Education Foundation, filed his amended appeal and petition for Writ of Mandamus on January 8, 2025, accusing the Gates Foundation of exploiting its tax-exempt status while engaging in vaccine-related profiteering.
“Under the pretense of improving World Health, Bill & Melinda Gates Foundation/Trust has been engaged in the promotion, manufacture and sale of Covid-19 vaccines that were not sufficiently tested for safety or for effectiveness for their intended use,” Scott stated bluntly in his filing.
He argues that the IRS should retroactively tax these activities as ordinary income and cease allowing the foundation’s alleged misuse of tax exemptions.
“The claim that its efforts are charity are bogus and it has acted in bad faith,” Scott charged, amplifying his calls for government accountability.
I don't really know where to begin, or to get "standing".
By rolling out vaccines that caused so much harm, Pfizer essentially led millions of Americans to their own demise. It’s for this very reason that Texas, Louisiana, Kansas, Utah, and Mississippi are taking the big pharma company to court.
Each of these states alleges that Pfizer misled the public about the safety and efficiency of COVID jabs. Furthermore, Pfizer stands accused of hiding the fact that its vaccines could cause pregnancy complications, myocarditis, pericarditis, and even death.
In light of this, the five states suing Pfizer are seeking damages and civil monetary penalties. On top of this, they’re asking the court to issue an injunction that prevents Pfizer from further marketing COVID immunizations as reliable and safe for consumption.
The big pharma company’s claim that getting vaccinated would protect people’s loved ones against COVID is also being challenged in court. Through this claim, Pfizer asserted repeatedly that COVID vaccination would prevent virus transmission.
(paywall)
It is the far-left Pulitzer Board’s worst nightmare. Yesterday, Fox ran the story under the headline, “Trump scores big legal win against Pulitzer Prize board members as lawsuit moves to discovery.” The sub-headline reported the worst possible news for Pulitzer: “Pulitzer Prize board communications will not be protected from discovery in the landmark case.”
This might even be worse than losing the lawsuit outright. Back in 2022, Trump sued the Pulitzer Board for defamation, because it shamed itself by granting Pulitzer Prizes in 2018 to the New York Times and to the Washington Post for, get this, their fake-news reporting on RussiaGate.
Last week, corporate media crowed with anticipatory delight over the Board’s excellent motion to prevent discovery, in which it argued that the internal emails and texts between board members would embarrass the Board and besmirch the vaunted reputation of the Pulitzer Prize itself. Scores of articles reported the Board’s motion.
Only Fox reported that after the hearing, the judge denied the Board’s dumb motion and ordered it to turn over the communications. Corporate media was silent yesterday.
As I’ve told you many times, discovery is a worst-case scenario for the Board. I’d bet a week’s salary the Board members are Trump-deranged lunatics, and their internal communications, instead of reflecting professional acumen, journalistic expertise, and wise restraint, probably more resemble a Discord channel of middle-school mean girls.
Embarrassing, indeed. It could destroy the award, not that anyone would care. The Board should settle. Immediately. Expect a generous offer soon.
As I’ve told you many times, discovery is a worst-case scenario for the Board. I’d bet a week’s salary the Board members are Trump-deranged lunatics, and their internal communications, instead of reflecting professional acumen, journalistic expertise, and wise restraint, probably more resemble a Discord channel of middle-school mean girls.
quoted some other member's post
stereotomy says
quoted some other member's post
Happens to me a lot too. Do you use the Brave browser?
No big deal. Patrick lets us use this site for free.
Half of the time I can't even quote at all in the https://www.f150gen14.com/ forum.
Sorry, my mistake. I meant that I cannot get quoting of selections to work on an iphone.
Also, when quoting a small portion on an iphone, it doesn't jump to the comment box, right?
How much did they pay out, and how much of it made it to the white guys who were discriminated against?
I just did this as a selection quote in my iPhone 13.
The state of Kansas can sue Pfizer in state court for misleading the public about its COVID-19 vaccines, a federal judge ruled today.
Pfizer tried to keep the case in federal court, arguing that the Public Readiness and Emergency Preparedness Act (PREP Act), which shields COVID-19 vaccine makers from liability for injuries caused by the vaccines, “completely preempts” consumer protection claims made by the state of Kansas.
Ray Flores, senior outside counsel for Children’s Health Defense (CHD), called the ruling a “major victory.”
“This first-of-its-kind ruling declares Pfizer’s deceptions aren’t afforded carte blanche treatment, as Mr. Bourla [CEO of Pfizer] probably assumed they’d be,” Flores said.
CHD General Counsel Kim Mack Rosenberg agreed. “This decision is important because it creates a viable path for Pfizer to potentially be held accountable for its wrongdoing on a massive scale.”
On June 17, 2024, Kansas sued Pfizer, alleging the pharmaceutical giant misled the public by marketing its COVID-19 vaccine as “safe and effective” while concealing known risks and critical data on limited effectiveness.
The lawsuit, filed by Kansas Attorney General Kris Kobach in the District Court of Thomas County, alleged that beginning in 2021, Pfizer covered up the fact that the vaccine was connected to serious adverse events, including myocarditis and pericarditis, failed pregnancies and deaths.
The complaint also alleged the company falsely claimed that its original vaccine retained high efficacy while knowing that efficacy waned over time and didn’t protect against new variants.
Pfizer also misled the public by claiming the COVID-19 vaccine would prevent transmission, even though the company never studied the vaccine’s capability to prevent transmission.
By marketing the vaccine as safe and effective despite its known risks, Pfizer violated the Kansas Consumer Protection Act because millions of Kansans heard those misrepresentations, the complaint alleged.
Lawsuit is about deceptive marketing, not physical injuries or death
In July 2024, Pfizer successfully removed the Kansas lawsuit to federal court. However, in a September 2024 motion, Kansas asked for the case to be sent back to state court.
Pfizer filed an opposing motion in October 2024, in which it presented three arguments for why the case belonged in federal court. The final argument was that Kansas’ claims were “completely preempted by the PREP Act and are thus removable to federal court.”
In today’s ruling, U.S. District Judge Daniel D. Crabtree rejected all three of Pfizer’s arguments.
Crabtree rejected Pfizer’s PREP Act argument because all of Kansas’ claims are about deceptive marketing, not physical injury or death from Pfizer’s COVID-19 shot. “That point alone ends the debate,” Crabtree wrote.
How many hundreds of billions does The Establishment owe in damages for racist affirmative action and DEI?
The Supreme Court’s 9-0 Ames decision this week in which the Justices finally cleared up a 44-year-long dispute among federal circuit courts, with five of the 12 districts holding that whites, men, and straights should be discriminated against in discrimination law, has mostly elicited rather baffled commentary in the mainstream media.
You see, if you accept the conventional wisdom about white supremacy and systemic racism, the news that the Supreme Court tolerated since 1981 an indefensibly blatant racist anti-white concoction with no legislative basis whatsoever is … well, hard to process. Does Not Compute in your worldview. ...
Meanwhile, in The Nation, Elie Mystal admits that the Supreme Court made the right decision, but worries that America will become bogged down in discrimination lawsuits.
The husband of a nurse who died of a turbo-cancer a few months after being 'vaccinated' under coercion against Covid-19 is filing a complaint for 'premeditated poisoning.'
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Corporations in particular are afraid of lawsuits because they have a lot of money. Sue them first.
But it's also useful to sue the government when they are violating our rights.
A nice suit started by https://www.americasfrontlinedoctors.org/ :