Jefferson Review

"Your Liberty is Our Interest"

March 7, 2005

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Center for Individual Freedom Lunchtime Liberty Update




Message from CFIF President:


A Personal Message From CFIF President Jeff Mazzella

Legal I want to thank each and every one of you who has participated in CFIF's blast fax campaign to end the obstructionist filibusters blocking President Bush's judicial nominees. Our campaign has been successful in letting Republican Senators know that we expect them to show some spine and END THE FILIBUSTERING OF JUDICIAL NOMINEES ONCE AND FOR ALL! In fact, the heat we are putting on Republican Senators to implement the "Constitutional Option" -- or "Nuclear Option" as it's been dubbed by the liberal media -- has gotten under the obstructionists' skin. Senators Teddy Kennedy and Robert Byrd immediately responded by publicly railing against the Constitutional Option.

Your faxes are working! And with the likelihood of at least one Supreme Court vacancy this year, we must continue to turn up the heat.

I thought I would share some of the comments of CFIF activists who have sent faxes thus far...

"Thanks for being on top on this issue. It is vital for our Country and our way of life. You put me and thousands of others on the forefront of the battle for our Country."
R.R., Concord, CA

"We have to stop this unconstitutional use of the filibuster. The functioning of the country and the future of the judicial branch is far more important than the phony niceties of the Senate sandbox."
S.T., Houston, TX

"It's time to take the gloves off Senator Frist. You're in command. Give the order, and let's move on."
V.S., Durham, NC

If you haven't already joined this vital effort, please send your faxes now.


Legal Reform:
The Asbestos Answer

Legal Of all the selfish exploitation schemes that greedy trial lawyers have perpetrated on our justice system, their abuse of asbestos litigation is certainly the worst. Use of asbestos essentially ended more than 30 years ago, yet trial lawyers are still soliciting and bringing countless claims, many of which are frivolous or downright fraudulent. They are clogging the courts and driving good businesses -- many of which had little or nothing to do with asbestos -- into bankruptcy.

To be sure, there are real victims of asbestos, and the extent of their suffering is hard to comprehend. About 2,000 people each year develop the hideous lung disease mesothelioma, a form of cancer that causes unbearable pain. It has only one known cause: asbestos exposure. No one would doubt for a moment that these victims deserve justice. But thanks to the trial lawyers, legitimate victims of mesothelioma are having a harder and harder time getting it.

Read more now.


Freedom Line:
Exorcising Salt: In Whose Interest?

Legal America's food police are a spooky lot, providing alternate doses of humor and consternation, crying for essays asking "can't we all just get along," and then delivering more explaining why we cannot. The latter, with progressively reduced patience, can frequently be reduced to essence: Because too many whackos won't shut up, so deluded are they that the nation desperately needs their personal intervention that they deputize themselves as vigilantes...of de minimus whatever.

Take those do-gooder, for-themselves-mostly, human hyenas at the so-called Center for Science in the Public Interest, last week suing the federal government for not sufficiently regulating salt in our food.

Read more now.


State Issues:
Taxing by the Green Mile

Legal So. You bought some tin-can hybrid econotoy powered by a burble motor, greased with biodegradable, recycled chicken fat. Saving that gas. Doing your thing for the environment. Wearing your greenie baseball cap. Feeling all good about yourself.

Traitor! In your typically short-sighted zeal, you may not have realized you were just bollixing everything for your state tax collectivists. Less gas, less tax. Less tax, less spend.

Read more now.


Freedom Line:
An Open Letter to Colorado University's President

Legal In this open letter to the President of the University of Colorado, CFIF explains that the possible termination of Professor Ward Churchill "does not concern free speech rights." Rather, his "is a fact-based employment law case," and to "treat it as anything else is to ignore evidence that must be pursued in the interest of probative inquiry." CFIF urges CU's President to "[f]ind the truth, tell the truth, explain the meaning of that truth, stand by that truth, and [r]estore the essence of university."

Read more now.


CFIF History & Civics Quiz:
Question of the Week
Freedom Line
In what city did the U.S. Senate convene for the first time in history?

(a) Boston, MA
(b) New York, NY
(c) Philadelphia, PA
(d) Washington, DC

Get the correct answer now.


Jester's Courtroom: Tales Stranger Than Fiction
Featuring bizarre and sometimes humorous real life stories from the courtroom.
A Fully Cooked Case?

Jester's Courtroom The estate of a man who died from complications after surgery is suing a Benihana restaurant in Munsey Park, New York, alleging the man's injuries resulted when he ducked a stir-fried shrimp tossed at him by the chef. And now, a court has ruled that the case should proceed to trial.

In early 2001, Jerry Colaitus and his family were seated at one of Benihana's hibachi dinner tables, watching as one of the Japanese restaurant's chefs sliced, diced, cooked, and playfully tossed their food. According to the lawyer for Colaitus's estate, the chef was asked to stop flipping pieces food after he allegedly hit one of Colaitus's sons with a bit of the meal. Nevertheless, according to the lawyer, the chef just smiled and continued with his routine. When the chef allegedly tossed a piece of shrimp toward Colaitus, the man ducked, allegedly injuring two vertebrae in his neck.

Six months later, Colaitus underwent two successive surgeries. In the months that followed, he developed a high fever and problems with his breathing and memory. He later died five months after the second surgery, allegedly from complications. Respiratory and renal failures, as well as a blood-borne infection, were listed as causing Colaitus's death.

The lawyer for Colaitus's estate claims Benihana's is responsible for wrongful death because Colaitus would not have needed surgery if he had not injured his neck at the Japanese restaurant. The estate is seeking $10 million in damages, including claims for pain and suffering and loss of consortium.

A New York judge ruled in late November that the case may go to trial, concluding that a jury should resolve whether Benihana's could be held liable for the man's death.

Source: New York Law Journal

Read more now.

Since many of these gems do not attain national attention, the Jester welcomes you to share with us your favorite wacky stories from a courtroom near you! Please be sure to provide the source. You may e-mail us at info@cfif.org.



Notable Quotes:
Quote of the Week

Notable Quotes Justice Antonin Scalia, on a Majority of the Supreme Court Citing to Foreign Laws in Ruling that the U.S. Constitution Prohibits Capital Punishment for Minors:

"I do not believe that approval by 'other nations and peoples' should buttress our commitment to American principles any more than (what should logically follow) disapproval by 'other nations and peoples' should weaken that commitment."

Get more Notable Quotes.

Do you have a notable quote you'd like to share with the Center, e-mail it to info@cfif.org. Be sure to provide us the source of the quote.


 

 


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