As the United States Senate Finance Committee convenes today for a meeting entitled "The Rising Cost…
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As Senate Finance Committee Convenes on Healthcare Costs, First Do No Harm

As the United States Senate Finance Committee convenes today for a meeting entitled "The Rising Cost of Health Care:  Considering Meaningful Solutions for All Americans," the enduring adage of medical care applies:  Do no harm.

Specifically, as we've detailed at CFIF, we must especially avoid potentially catastrophic ideas like drug price controls (whether through so-called "Most Favored Nation" (MFN) programs or any other) and violations of patent and intellectual property (IP) protections in which the United States leads the world.  Indeed, our more free-market approach explains why America leads the world in lifesaving healthcare innovation, accounting for an astonishing two-thirds of all new drugs introduced to the world each year:

The reasons that MFN schemes would only exacerbate…[more]

November 19, 2025 • 08:48 AM

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Jester’s Courtroom
Flying in the Face of Common Sense
Wednesday, October 15 2014

Red Bull energy drink company recently agreed to a settlement in a class action lawsuit accusing the beverage maker of false advertising because its slogan "Red Bull Gives You Wings" is inaccurate.

According to news reports, Red Bull agreed to pay consumers to settle the lawsuit filed in 2013 in the U.S. District Court of the Southern District of New York by Red Bull drinker Benjamin Careathers. In the class-action suit, Careathers alleged the energy drink did not meet the company's claim of boosting performance and reaction speed.

“Such deceptive conduct and practices mean that [Red Bull’s] advertising and marketing is not just ‘puffery,’ but is instead deceptive and fraudulent and is therefore actionable,” the suit says.

If the $13 million settlement is approved at a final hearing next spring, anyone who purchased at least one can of Red Bull between January 1, 2002, and October 3, 2014, will be eligible to receive either $10 cash or $15 worth of Red Bull products; no proof of purchase will be required.

"Red Bull denies any and all wrongdoing or liability and maintains that its marketing and labeling have always been entirely truthful and accurate," legal documents state.

Source:  Huffingtonpost.com

This Lawsuit Is Ridiculous, Bar None
Tuesday, October 07 2014

A group of law school graduates are suing a Florida software company claiming they experienced stress and anxiety when the computer program through which they were to submit their bar exams online malfunctioned.

ExamSoft Worldwide Inc. apologized for the snafu and said deadlines in all states had been extended. Nonetheless, five law students who say they experienced stress over whether their exams uploaded say it wasn't fair and that's why they are suing.

“You spend two months preparing for the exam, it’s grueling,” Catherine Booher, one of five students suing the company, told news sources. “You relearn everything you learn in law school.”

The problem even triggered two hashtags on social media: #Barmageddon and #Bargazhi.

It's not clear how many exam-takers were affected by the malfunction. The North Carolina Board of Law Examiners confirmed that everyone who took the July exam in North Carolina successfully uploaded their answers.

“The delay in processing did not relate to, or impact, answer content, and we are therefore very confident in the integrity of your state submissions,” a statement from ExamSoft reads. “To accommodate for the delays, we worked with state jurisdictions to extend your upload deadlines as needed and tried our best to communicate those extensions.”

“I think it’s absolutely ridiculous that they’re not issuing refunds,” Booher said, noting the software cost her $125.

Source: abcnews.com

A Royal Pain for Disney
Tuesday, September 30 2014

An author is seeking $250 million in damages from Disney, claiming the $1 billion box office animated hit film "Frozen" was plagiarized from her book.

In her lawsuit against entertainment giant Disney, author Isabella Tanikumi -- who also goes by L. Amy Gonzalez -- lists 18 "Frozen" elements that are similar to those included in her 2010 autobiography, "Living My Truth," including a story of two sisters, a village, betrayal, open doors/gates, and a "moon setting." In addition to monetary damages, the lawsuit seeks to have Disney "cease and desist from any and all sales, distribution and marketing of 'Frozen' in any media format."

"Ms. Tanikumi is a very private individual and does not wish to be interviewed at this time," Tanikumi's attorney, William T. Anastasio told news sources. "As the case moves through the courts, I am sure more information will become available concerning her claims."

Disney claims the animated blockbuster is loosely based on Hans Christian Andersen's fairy tale "The Snow Queen." When asked for comment, a Disney spokeswoman responded, "This is beyond ridiculous, she needs to let it go."

Source: money.cnn.com

Time Out
Wednesday, September 24 2014

A Manatee County (Florida) mother is criticizing her local school district for shortening recess time for elementary school students.

According to news reports, the mother, who happens to be an estate lawyer, is considering a lawsuit after her third grader came home from school "stressed and upset" because she did not have recess. The mother plans to bring a motion before the school board to restore recess time in all elementary schools.

The school district maintains that all students are getting the required amount of time for physical activity each week, but acknowledges that recess time may have been shortened if the students are getting more physical education time. The mother counters that parents were never told about a plan to reduce recess time.

Source: The Bradenton Herald (FL)

Fox Guarding the Hen House
Thursday, September 18 2014

An attorney who works for the IRS' professional conduct office – the watchdog charged with ensuring that all tax professionals "adhere to professional standards and follow the law" – may lose her law license as a result of unethical behavior.

Takisha McGee, a section manager in the IRS Office of Professional Responsibility has been accused of professional misconduct stemming from a personal injury case she worked prior to joining the tax agency.  According to news reports, McGee allegedly lied to a court-appointed board and hid money from a settlement that was supposed to go to two medical providers who treated her client.

Ironically, McGee, who may lose her law license over the charge, recently gave a speech to the Florida bar titled, "When your license to practice before the IRS is on the line.”

While records on the recommended disbarment are already public, an IRS spokesman cited privacy rules in saying the agency was unlikely to comment.

McGee called the disbarment recommendation the result of a “one-time mistake,” and noted that her current situation gives her a better understanding of the experiences of professionals facing disbarment or suspension proceedings.

Source: The Washington Times



Notable Quote   
 
"Federal prosecutors announced new indictments Thursday in the widening Minnesota fraud scandal, this time involving two Philadelphia-based men accused of traveling to Minneapolis after a friend told them the taxpayer-funded programs there presented 'a good opportunity to make money.'Anthony Waddell Jefferson and Lester Brown are accused of siphoning millions from federally funded programs administered…[more]
 
 
— Jonah Kaplan and Michael Kaplan, CBS News
 
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