Tag: law suit

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national politics & policies too much government

One Against the Mandate?

Daily Wire, law suit, Covid, vaccines, mandates

“President Biden, the federal government, social media, and the establishment media have conspired to rob Americans of their freedoms in the name of public health,” declares Jeremy Boreing, co-​CEO of The Daily Wire. “They have broken faith with the American people through conflicting messaging, false information, and by suppressing data and perspectives with which they disagree.”

Quoted by Alex Swoyer in The Washington Examiner, Boreing is explaining why his company — best known for its platforming (as we say these days) of commentators Ben Shapiro, Andrew Klavan, Michael Knowles and Matt Walsh, but also for its burgeoning news service and mini-​entertainment empire — will not comply with “the Biden administration’s COVID-​19 vaccine mandate for private employers.”

It is “suing in the U.S. Circuit Court of Appeals for the 6th Circuit, the company announced Thursday,” Swoyer reports.

Though we’ve been hearing about these “requirements” for over a month, they were published by the Occupational Safety and Health Administration (OSHA) just yesterday. Folks at The Daily Wire had been talking up their challenge ever since Biden first dropped his bomb, and had their legal response ready.

OSHA’s mandate, Swoyer explains, “directs large companies to require employees to get vaccinated by Jan. 4, or else pay for them to get tested weekly,” and also requires those tested-​but-​unvaccinated employees “to wear a face mask.”

Note that the tests for the coronavirus are not reliable, tests for antibodies are not even mentioned (and also not reliable), and face mask utility has not been demonstrated to anything approaching certainty, as I’ve discussed.

Grounds for challenge are legion.

Other affected companies should join The Daily Wire with parallel lawsuits, or at least amicus briefs.

The president’s mandate must not stand. 

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly moral hazard nannyism national politics & policies Popular responsibility too much government U.S. Constitution

Where the Beef Is

cheese, law suit, justice, McDonald's, hamburger, Florida, class action

In South Florida, two McDonald’s customers are suing the fast food behemoth for charging them for cheese they say they do not want.

“According to a class-​action lawsuit filed in Fort Lauderdale federal court on May 8,” informs the Miami Herald, “Cynthia Kissner, of Broward County, and Leonard Werner, of Miami-​Dade, say they have had to pay for cheese they don’t want on their Quarter Pounder sandwiches.”

Before you upchuck every last greasy, chemical-infused/​extra-​beef morsel of this story, let’s look at the facts:

The Quarter Pounder went national in 1973.

The fast-​food franchise used to charge extra for the cheese.

But “at some point” the junk food purveyor stopped “separately displaying these products for purchase on menus.” These days, only the Quarter Pounder with Cheese and the Double Quarter Pounder with Cheese are listed.

McDonald’s joints in Florida, at least, provide no discount for removing the cheese.

Rip-​off, say these two customers. How big? A $5 million injury! 

That’s what they are suing for.

It’s mad. The lawsuit, that is. You are not entitled to set the pricing and menu policies of stores you do not own. 

In a celebrated analysis of loyalty in markets, an economist revealed that consumers have a continuum of options, including “voice” and “exit.”

“Voice” is what you express when you argue your case in a family or a democracy — and fast food provisioners. Decent people will, if disgruntled, choose “exit,” driving down the street to a Wendy’s.

McDonald’s could rightly charge extra for withholding the cheese. 

That it doesn’t do so? Chalk it up to savvy. 

This is Common Sense. I’m Paul Jacob.

 

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