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Author: MichaelEhline

Detailed Guide on Who Governor Newsom Could Sue and Compensation After Airplane Fall

Did Governor Gavin Newsom bump into an unfortunate incident by falling down the airplane stairs? Is it fake news? Yes, it is phony news. The guy who fell actually fell in 2014? Well, his name is Tuberville.

But this viral, comedic video allowed me to educate people about the non-airplane crash case involving local and international flights. As an aviation accident attorney, I blog extensively about airplane crash cases, so I have extraordinary skills to break this down.

An airplane accident doesn’t always involve a plane in the air. Aviation accidents can even happen on the tarmac and often result in catastrophic injury claims with past and future pain complaints. Are you wondering who he can sue for this mishap and what might be the potential monetary compensation? Maybe you’re curious how the expert attorneys at Ehline Law Firm, renowned for their commitment to justice and compensation, could assist.

Let’s dive deep into these questions together. No, this isn’t April Fools Day at LAX. But Newsom was not the one who slipped and fell down the stairs either, and it was a video from 2014! “That’s not the governor,” according to Erin Mellon, director for Newsom’s communications director, about the video circulating online.

The clip appeared online in early October described as a resurfaced video of Tommy Tuberville in 2014. A longer version of the clip with a wider camera angle can be seen in an Oct. 10 post on messaging platform X, formerly known as Twitter, with the caption: “Old people fall all the time.” Here’s 60 year old Tommy Tuberville falling down some stairs in 2014 before losing to UVA in… wait for it… the Military Bowl.

https://ia800504.us.archive.org/8/items/screenshot-2023-11-03-115643/Screenshot%202023-11-03%20115643.png

In any event, now we have a fascinating topic that few lawyers understand, let alone airline pilots or air traffic controllers. Understanding the legal realm can be tricky, but the proper knowledge empowers you to make informed decisions with help from relevant evidence and legal research. This information is crucial not just for Governor Newsom but for anyone who might find themselves in similar circumstances.

Here’s what we’ll cover: 

  1. Who could Governor Newsom sue for falling down the airplane stairs if he had fallen down?
  2. Reasons for suing and the underlying legal principles
  3. How could Ehline Law help?
  4. Potential monetary compensation for such incidents.

This article is tailored to those seeking answers to these questions, with an engaging and informative approach. Let’s start by exploring who could be held responsible for this unfortunate incident that never happened. Now that we’ve set the stage let’s delve into who Governor Newsom can potentially sue if he falls down airplane stairs.

Firstly, it’s possible that the airline could be held responsible. Airlines are responsible for ensuring the safety of their passengers in all situations, so if there was some negligence on their part – such as a failure to maintain the stairs or provide necessary safety precautions – they could be held accountable. 

Airport Management’s Liabilities 

Secondly, airport management may also be on the hook. If the airport failed to oversee or maintain its facilities properly, this could have contributed to the Governor’s fall, and they could be liable. Equipment, including airplane stairs, should be thoroughly checked and maintained for safety. 

Manufacturer’s Fault 

Additionally, if the stairs were faulty due to a manufacturing error, the manufacturer could be sued for product liability. Companies that produce goods for public use must ensure that their products are safe, and if they fail to do so, they can be found at fault. 

The specific details of the incident would play a significant role in determining who can be sued. If Governor Newsom were to fall down airplane stairs, it would be crucial to conduct a thorough investigation to allocate fault appropriately. 

What About International Flights?

The Montreal Convention is an international treaty. This document establishes specific rules for the international carriage of passengers. It also covers baggage and cargo transport by air. It provides a framework for compensating passengers for injury or death during international flights.

Suppose you or a loved one was a United States resident and involved in an aviation accident during an international flight. In that case, the Montreal Convention may allow you to file a lawsuit in the United States. So even if Newsom fell down a flight of stairs deplaning in Communist China, we may still be able to sue here under the plane ticket’s “forum selection” provision, etc.

If you reside in another country, there are still avenues to pursue legal action. Aviation accidents outside the United States or over the ocean often involve complex jurisdictional issues. Seeking legal advice from an airplane accident attorney with expertise in aviation law and international treaties would be crucial to guiding your situation.

How Ehline Law Can Help 

Ehline Law Firm is adept at navigating complicated laws and regulations to fight for the rights of injury victims. If Governor Newsom were to seek their representation, the law team would rigorously investigate the case details. Michael Ehline would fight to ensure all responsible parties are held accountable. The firm’s proficiency in handling personal injury cases helps provide a pathway to maximum compensation for clients. 

Potential Compensation 

Let’s consider how much money Governor Newsom could receive due to this incident. While it’s hard to put an exact figure without knowing the case’s specifics, settlements in similar lawsuits have ranged from thousands to tens of millions of dollars, depending on the severity of the injury, degree of negligence, and other factors. The Federal Aviation Administration does not decide how much you get. Instead, California negligence principles would typically apply in federal or state court, assuming the forum is the Golden State.

What Bills and Damages Does Compensation Cover?

You’re not just hiring an attorney once you engage with Ehline Law for your personal injury case. No, you are partnering with a team committed to your well-being after suffering severe injuries or wrongful death cases of loved ones aboard. This lawyer knows how to get you medical care on a lien basis and even counseling to help mitigate your emotional distress damages in aviation cases.

Should Governor Newsom or any flight passenger experience an unfortunate fall on the airplane stairs, there’s a range of costs and damages the compensation might include against multiple parties and even some public entities in the California jurisdiction.

Here we outline what could be covered: 

Compensation for Medical Bills: 

If Governor Newsom or any victim needs medical attention after the fall, the at-fault party may be liable for the costs.

This includes immediate:

  • Hospital bills
  • Surgeries
  • Rehabilitation
  • Medication and ongoing care.

Let Ehline’s aviation experts navigate the intricate medical billing system so you worry less about the financial impact and focus more on your health care and recovery for your particular case. If the defendants are found liable, we promise to maximize the monetary damages and benefits families can obtain with our assistance.

Loss of Earnings: 

Accidents can often lead to victims being unable to work temporarily or permanently. Legal pursuit may recover salaries, wages, commissions, bonuses, or other lost income. Our duty at Ehline Law is to secure your livelihood amidst such unfortunate incidents. 

Non-Economic Damages: 

These refer to the subjective, non-financial losses due to the accident, such as pain and suffering, emotional distress, loss of enjoyment of life, and even damages for any disfigurement or permanent disability. At Ehline Law, we understand these aspects are just as critical and ensure they are factored into your claim for reparation. 

Out-of-Pocket Expenses: 

Often overlooked, out-of-pocket costs, such as transportation to medical appointments, home modifications, or hiring help, can quickly add up. It would help if you didn’t have to bear these costs alone. Trust Ehline Law to account for every penny disturbed by the accident. 

Punitive Damages: 

In certain circumstances, if the party at fault acted with gross negligence or intentional misconduct, punitive damages may be awarded in addition to actual damages. This acts as a punishment and a deterrent for such behavior in the future. 

In sum, if Governor Newsom were to be injured from falling down airplane stairs, several parties could be held responsible for covering an array of damages. And with the help of a skilled law firm like Ehline Law, he could receive substantial compensation for his injuries.

The Potential Role of Airline Staff 

Don’t forget about the potential role of the airline staff. They’re tasked with ensuring the safety of passengers while boarding and disembarking. If Governor Newsom’s accident was due to negligence, like failing to install the stairway correctly or not aiding a passenger in need, they could be held responsible. In this situation, the airline company could be sued for negligence with the help of a competent attorney like those found at Ehline Law. 

Faulty Infrastructure or Poor Maintenance 

If the stairway was faulty or poorly maintained, there could be a case against the maintenance company or the airport authority. If a fault in the design led to an unsafe condition or the routine inspection didn’t catch a hazard, these entities could be held liable. With skilled attorneys like those at Ehline Law representing him, Governor Newsom would have a strong chance of receiving just compensation. 

Other Passengers’ Actions 

At times, the fault may also lie with other passengers. If someone accidentally pushed Governor Newsom and caused his fall, that individual could be sued for personal injury. Again, having skilled legal representation like Ehline Law would be crucial in proving such claims and potentially acquiring a significant damage award. 

Weather Conditions & Natural Disasters 

Lastly, let’s consider that the fall could have been due to extreme weather conditions or unexpected natural disasters, like earthquakes. Under these conditions, determining liability becomes a complex ordeal. In such grey areas, it’s here that competent attorneys like Ehline Law wield their expertise and guide the victim towards maximizing their recovery.

Indeed, understanding how liability applies in instances of weather conditions and natural disasters poses a unique challenge. Under normal circumstances, all aspects of an airplane, including its stairs, are designed considering various weather conditions. However, unexpected atmospheric changes or overwhelming natural phenomena might create a risk that couldn’t have been anticipated or mitigated. 

For example, if Governor Newsom tumbled due to sudden solid winds or an unexpected earthquake, these factors could exempt certain parties from liability. Yet, it doesn’t automatically absolve everyone from the possibility of a lawsuit. 

In extreme weather conditions, if adequate precautions were not in place or passengers were not guided effectively, entities responsible for these actions could be held liable. Let’s say the crew, knowing there were strong winds, failed to assist Governor Newsom while he was descending stairs. Then, this could potentially make them liable. 

Similarly, in the case of a sudden earthquake, building regulations come into the picture. If airplane stairs are not built to withstand local seismic activities per guidelines, the entity responsible for its construction or maintenance could be sued. 

Therefore, even though weather and natural disaster scenarios might seem complicated for establishing liability, skilled attorneys like those at Ehline Law can meticulously analyze the situation. They will review the available evidence, consider applicable regulations, and take other necessary actions to determine potentially liable parties. 

Conclusion

Another thing, since Newsom’s employment is with the State of California, he may also be covered under work comp if he gets injured. Beyond identifying liable parties, Ehline could help employees like Newsom understand the worth of Governor Newsom’s potential claim. This would occur after a thorough evaluation of his physical injuries, mental suffering, loss of income, medical expenses, and other related costs.

So, if you’re dealing with a similar situation, know that a legal expert from Ehline Law could be your strong support and guide. State employees and citizens can contact us 24/7 to discuss your airplane accident or other claims by dialing (213) 596-9642. You can email us with the subject “airplane accident” at losangeles@ehlinelaw.com to report the aircraft flight number, date, time, and place.

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MMA Coach Kultar Singh Gill’s Potential Criminal and Civil Charges

Esteemed MMA Trainer Kultar Singh Gill is confronting severe allegations following a troubling occurrence in Aldergrove, B.C. It appears he ran over a man, or a woman, possibly his wife, and dragged her with his car. Below, we will look at his career in combat sports and its consequences for the MMA community. We delve deep into the narrative that has left everyone stunned. What precipitated this circumstance, and what are the implications for Mamba MMA Gym and fighters in Abbotsford? Tune in to reveal the complete account and see the video.

Viral Video

Legal Consequences: What Gill Could Face in Court

There’s no denying it—Gill’s situation seems dire. Based on details reported so far, he could react on social media. With the prevalence of social media today, it’s no shock that news of this incident spread like wildfire, captivating vast online audiences locally and internationally. 

The general sentiment is one of disappointment and shock, especially given Gill’s reputation in the MMA community. Canvassing the various social forums and platforms, one sees a few recurring themes in these conversations. 

Shock and Disbelief 

The initial reaction to this shocking incident painted a picture of disbelief. As the footage and the news started making rounds online, reactions ranged from shock to anger to disbelief that such a respected figure could allegedly resort to such inhumane actions. Many who once looked up to him as an icon in the world of MMA felt let down by the allegations. 

The Outcry for Justice 

Soon after, a robust discourse around the necessity for justice emerged. Users voiced their collective demand for a transparent investigation and fair trial. Many stressed that a person’s social standing or celebrity status should not grant immunity from the law. 

“No matter who you are, there must be consequences for such horrific actions. If Gill is guilty, he needs to face the law,” reads a resonating comment on Twitter.

Support for the Victims 

A significant portion of the online discourse features robust support for the victims. Social media users have expressed their sympathies and shared resources related to helplines, charities, and organizations for victims of domestic violence and car crashes. There is a palpable call for empathy, demanding that the victims not be forgotten in the noise surrounding Gill’s persona. 

The saga presents an essential reminder of the power social media holds in molding public opinion. It showcases how quickly narratives can spread and how a shared collective conscience can influence real-world events such as court proceedings. Regardless of the outcome, the incident serves as a stark reminder that no one is above the law, and in this age of connectivity, the eyes of the world are always watching. 

Expert Opinions: Legal Professionals Weigh In on Gill’s Case shoes of legal professionals, we’d gain insights into the possible charges and civil actions Gill could face for what is an involved incident. Different perspectives abound in complex cases where the law intertwines with human behavior, emotions, and societal response.

Potential Criminal Charges 

The act of dragging a person with a vehicle, a woman in this case, could be viewed as a severe and deliberate act of violence.

This exposes Gill to a myriad of charges, including but not limited to the following: 

  1. Assault: This is likely the first charge that comes to mind, owing to the inherent act of violence. Depending on the severity and if proven, assault charges could range from simple assault to aggravated assault under Canadian law.
  2. Attempted Murder: In a situation where a person is intentionally dragged with a vehicle, potentially causing grave harm, prosecutors may consider pursuing charges of attempted murder.
  3. Domestic Violence: If the woman dragged alongside the vehicle turns out to be his wife, charges related to domestic violence may be applicable. This could involve serious repercussions as domestic violence is vehemently prosecuted in Canada.

Crashing into the Community Policing Station 

This act would invariably lead to property damage charges, at the very least. However, due to the public nature of the property that was damaged, additional charges such as endangering public safety or even an act of terror could potentially be levied. 

Resulting Civil Actions 

Apart from criminal charges, Gill may also face civil lawsuits. The woman who was allegedly dragged with the vehicle, or her family, could potentially sue for damages related to: 

  • Personal Injury: This would cover any physical harm inflicted during the incident.
  • Psychological Trauma: The mental anguish suffered due to such an outrageous act could qualify for compensation in civil court.
  • Wrongful Death: In worst-case scenarios, if the woman died as a result of the injuries sustained, her family could sue Gill for wrongful death.

Note that these potential charges and civil actions are speculative at this stage. They will ultimately be determined by law enforcement’s investigation and conclusions. It will be the prerogative of the district attorney to decide which charges to formally file. facing charges for such a horrifying incident. It’s a sobering thought. That’s the reality that Kultar Singh Gill could very well be looking at in the near future.

  • Preventing Similar Incidents: Implementing Policy Changes in Combat Sports, by nature, demands strict adherence to discipline both inside and outside of the gym. It’s crucial to understand that violent behavior, may it be outside the ring or unrelated to the matches, has no place in the realm of combat sports. When an individual, especially someone like Gill, who plays a vital role as a coach, flouts this fundamental truth, it may inevitably call for revisiting and reinforcing the policies that govern sports behavior.

Maintaining Accountability 

The combat sports community has an obligation to keep any individual involved in the sport accountable for their actions. As the protection of community members becomes the utmost priority, it’s essential that immediate repercussions are implemented for unacceptable behavior. This could include penalties like suspension from participation, events, or employment, ensuring that immediate justice is delivered. 

Reinforcing Ethical Conduct 

As role models, sports coaches greatly influence their students’ behavior. It’s required that their actions—on and off the field—follow the highest standards of ethical conduct. Engaging in violent acts sends a reprehensible message that does not align with the essence of combat sports. Policies reinforcing ethical behaviors, including mandated certifications for sportsmanship and code of conduct contracts, could help steer these professionals toward upholding the integrity of the sport.

Enhanced Screening and Scrutiny 

In the wake of such incidents, enhanced vetting processes for selecting coaches and training staff should be considered. This includes thoroughly examining their backgrounds, history of behavioral issues, potential conflicts of interest, and their understanding of the ethical aspects of the sport. Such scrutiny will ensure that the appointed individuals are not only proficient in the sport but also demonstrate responsibility and ethical conduct.

Keeping such factors in mind helps us realize the importance of continuous monitoring, ethical reinforcement, maintaining transparency, and holding folks accountable for their actions outside the ring. These combined measures ought to make sports environments, like the one Gill was a part of, much safer in the future.

We just discussed Trainer Kultar Singh Gill and the troubling criminal and civil consequences he faces. We also looked at his career in combat sports and its consequences for the MMA community. Has this narrative that has left everyone astounded as it has us? We hope you enjoyed the viral video and look forward to discussing the next legal and MMA topic.

Can Elon Musk Sue Biden’s EEOC for Acting Under Color of Law?

In a recent turn of events, Elon Musk’s Tesla finds itself amidst a controversial lawsuit that alleges the harassment of Black employees at one of its assembly plants. However, this article explores why some believe there might be more to this story than meets the eye. Many non partisan lawyers and retired judges are suggesting that the Biden administration could be retaliating against Musk for his outspoken criticism of their handling of various matters. Many of us recall that Musk exposed that the CIA, FBI and other government agencies worked hand in hand with Twitter and even paid them money to bury and conceal true and damning investigations and information about the Biden overseas influence peddling operations in Ukraine and China generally. As most of us knew ll along, the Hunter Biden Laptop was real, the data was real, and Biden appointed officials at the FBI were told it was real all along!

This was all done on the eve of a presidential election, to boot. (Source, Twitter Files.) In other words, it appears Twitter and other social media companies acted under color of law as “state actors,” which is a violation of Title 42, Section 1983 USC. Rather than back off after a court basically agreed that the Biden Admin has been illegally censoring speech, Biden actually is fighting the court, demanding to continue silencing his opposition. His reasoning is anyone who disagrees with the government, especially Elon Musk, is engaged in “disinformation.”

Color of Law?

“Color of law” refers to a legal term used to describe a situation in which an individual or entity, typically a government official or law enforcement officer, acts under the appearance or pretense of law while violating the rights of others. Even though the actions may seem legal on the surface, they are carried out unlawfully and infringe upon the rights and protections guaranteed by the law.

Color of law violations can encompass various forms of misconduct, including unlawful arrests, excessive use of force, false imprisonment, discriminatory practices, and other actions that deprive individuals of their civil rights and liberties under the law. These violations are taken seriously in legal contexts, and those found guilty of acting under the color of law may face criminal charges and civil liability for their actions.

State Actor

We know for a fact that companies like Meta and Twitter were blocking true and damning stories about lies told by the Biden Admin, as well as the TRUE Hunter Biden laptop story. “Color of law” refers to a legal term used to describe a situation in which an individual or entity, typically a government official or law enforcement officer, acts under the appearance or pretense of law while violating the rights of others. In such cases, even though the actions may seem legal on the surface, they are carried out unlawfully and infringe upon the rights and protections guaranteed by the law.

Overwhelming Evidence of Illegal Color of Law

In this case, Biden runs the DOJ, and zero actions have been taken to end this illegal and unlawful action or that of his political ally money donors in Silicon Valley. There is no question from a legal point of view that based on the Twitter Files and sworn whistleblower testimony that the Biden Admin and for profit media is and has been acting under color of law, to censor and silence political opposition on behalf of the democrat party.

Ironically, on the eve of Musk exposing our wide open southern border, the Biden EEOC is now accusing Musk of “racism.” (Sound familiar?) The lawsuit, filed in a California federal court, is backed by the US Equal Employment Opportunity Commission (EEOC). It accuses Tesla of allowing significant harassment of Black workers at its flagship assembly plant in Fremont, California, dating back to 2015. Shockingly, the allegations include reports of racist slurs and offensive graffiti, such as Nazi symbols and nooses within the workplace.

Space X Refuses to Hire Illegals, Angering Biden Further

Another issue has been the Biden Admin wanting to hire undocumented or non citizens for Musk’s space program, which is actually prohibited for Musk to do, according to the majority of legal experts, including the civil rights attorneys at Ehline Law Firm. But that has not stopped the left wing activists running our current administrative state, according to many business owners and republicans.

According to the lawsuit, “SpaceX officials said on numerous occasions between 2018 and last year that it could hire only U.S. citizens and green card holders because of restrictive export control laws which govern the use of rocket and missile technology.” (Source WaPo.)

Musk reposted commentary from Alex Tabarrok, a professor of economics at George Mason University, observed: “Do you know who else advertises that only US citizens can apply for a job? The DOJ,” to which Musk quipped, “DOJ needs to sue themselves!” (Source DC Enquirer.)

What adds fuel to the controversy is the EEOC’s claim that Tesla failed to adequately investigate these complaints and took retaliatory actions against employees who dared to report such incidents. Many parents think Newsom and the DOJ are after Musk for his support of parents and opposition to genital mutilation and secret grooming of children by public school teachers suffering from “woke mind virus.”

Musk agrees with most scientists that men dressing up like women is a mental illness and not something people, especially public school teachers, should affirm in SECRET from parents. That does not sit well with Teachers Unions physicians and politicians who stand to make a lot of tax-funded cash off of this new condition that so many children now seem to have been diagnosed with since Biden took office.

Pundits Argue New Transgender Equal Employment Opportunity Commission EEOC Head Hates Musk

Ironically, transgender, Kalpani Kotagal is now the commissioner on the Equal Employment Opportunity Commission. The decision was criticized by parents and senators as Kotagal, like the democrat party in general, is forcing employers to adopt an asexual or transsexual stance. Senators were very suspicious of Kalpana Kotagal’s history of supporting radical “transgender views,” and now it appears their fears could have been realized, or even worse.

EEOC’s Transgender Advocacy

The EEO interprets any discrimination against men, including sexual orientation and gender identity, the Act was enacted by Congress in 1964 and would not be interpreted in this way. The EEOC has touted their support on this interpretation that was ultimately endorsed in Bostock v. Clayton County (2018). Yet EEOC’s transgender rights work goes far beyond that statutory interpretation.

Kotagal’s lawsuit against Musk combines federal charges with existing discrimination claims made by both Newsom (another politician accused of anti parent, pro sodomy politics) and a few alleged Tesla employees. This has prompted many former California residents to think Newsom is still angry Tesla fled to Texas. In other words, it appears the democrats have placed a big target on Musk and his financial empire for refusing to tow the line when it comes to censoring political opponents of the administrative state.

The situation took a contentious turn when settlement talks between Tesla and the EEOC collapsed after the agency raised concerns last year. Normally, EEOC cases with employers result in settlements, making it relatively unusual for such cases to go to trial. However, in this instance, the EEOC’s lawsuit seeks compensatory and punitive damages for an unspecified number of affected Black workers, along with an order compelling Tesla to reform its anti-discrimination and anti-retaliation policies.

Race Card is Always the Trump Card of the Left?

Many on the right, especially traditional patriots argue that identity politics and racial division have been used to keep blacks voting 90% democrat since LBJ (a racist himself) created our current welfare society. Interestingly, Tesla is currently facing multiple other race discrimination lawsuits, all sharing similar allegations seemingly designed to hurt Musk himself, according to an anonymous statement by a source close to Tesla. These include a class-action lawsuit by Fremont plant workers and a lawsuit by a California civil rights agency.

Tesla has vehemently contended that the California department’s lawsuit is politically motivated corruption, apparently designed to discriminate against non democrats. For example, Musk has suggested that the agency violated state law by filing the suit without proper notification of all claims or an opportunity to settle. Gamesmanship like this has caused many Americans to lose all respect for our justice system, especially since Trump is being prosecuted for things that democrats have allegedly been doing for decades with zero repercussions.

Throughout these legal battles, Tesla has consistently emphasized its commitment to preventing discrimination and treating employee complaints with utmost seriousness. It remains to be seen how this complex situation will unfold, but some observers can’t help but wonder if there’s more beneath the surface, considering Musk’s history of criticizing the Biden administration’s actions and decisions. As the controversy brews, apparently, what you pay for Tesla’s stock price went up 2.4 percent, recently reaching $246.38. What the District Court decides could find investors fleeing, however, which is what many think Biden wants.

After all,

“We must punish our enemies (political) and reward our friends” – Barack Hussein Obama

So If Retaliation Is Proven Can Musk Sue the Biden Admin for Acting Under Color of Law?

Yes. Whether he wins with such a biased administrative state and with so many Obama and Biden appointed judges, is likely a long-shot, however, according to many legal experts. For Musk, or Tesla, Space-X, etc., to sue the Biden administration or any government entity for acting under the color of law, they have to demonstrate that government officials were acting in their official capacity.

Next they must prove these democrat activist bureaucrats violated their rights or engaged in misconduct while appearing to act within the bounds of the law. If the Biden administration or its agencies have engaged in retaliatory actions against Musk or his companies while disguising these actions as lawful, Musk has legal recourse.

To pursue such a lawsuit successfully, several conditions generally need to be met:

  • Violation of Constitutional or Civil Rights: The plaintiff (Musk or his corporations) must show their constitutional or civil rights were violated by the government’s actions. An unbiased court would easily find this evidence.
  • Official Capacity: The actions of Biden’s administrative state must have been taken by government officials or agencies in their official capacity against Elon Musk or a company he runs.
  • Disguised Misconduct: Musk must prove that the government officials’ actions were deceptive or disguised as lawful when, in fact, they were unlawful or retaliatory.
  • Causation: There should be a direct link between the government’s actions and the harm or injury suffered by the plaintiff. Here, Elon Musk has made it very clear that he disagrees with the apparent Bolshevik like actions of several Biden agencies, in particular the DHS’s refusal to protect our southern border.
  • Exhaustion of Administrative Remedies: Depending on the specific legal context, the plaintiff Musk may need to exhaust administrative remedies or follow certain procedures before filing a lawsuit against the government. He may run into statute of limitations (typically six months to make a complaint) problems unless he sues right away.
  • Damages: Musk must demonstrate he of his corporations suffered actual damages as a result of the government’s actions.

Ultimately, whether Musk can sue the Biden administration successfully for acting under the color of law depends on evidence, and legal arguments. Musk needs to swiftly consult with legal counsel experienced in civil rights and government liability issues to assess the merits of any potential lawsuit and determine the appropriate course of action. What do you think? Is this a form of Critical Race Theory (CTR) racial harassment against Musk since he is white?

Is Musk really a racist, or is this just another political assassination by the leftist bureaucracy running this nation? Do you have a comment? Will the District Court stand for Musk and uphold federal law, or will the administrative state or Northern District punish Musk or a company he runs for discrimination based on national origin? Will the complaint and insults prevail for or against his company or companies? Will Musk be fired as CEO or president of his company network? Do you think the Northern District has been fair with Musk? Put it in the comments.

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New Covid Vaccines Have Only Been Tested on Mice

The COVID-19 new boosters target BA.5 omicron subvariant and will soon be available to the public.

A Cause for Concern?

What’s concerning is that the vaccine manufacturers, who have not had the time for human trials, have received a green signal for fall. Let’s explore the details of the news with Ehline Law and our personal injury attorneys.

FDA Taking a Serious Gamble on Early Release of New Covid Boosters

The Biden Administration is pushing for a booster campaign to start in September, putting a lot of heat on mRNA vaccine-makers Pfizer and Moderna. The new COVID vaccines have only been tested on mice without going through human trials. It is a risky bet for the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention, relying on mice trials and similar vaccine human trial data.

The original vaccines went through human clinical trials at the NIAID’s vaccine research center before being available to the public.

Lack of Clinical Data Could Further Threaten Public Trust

The COVID-19 vaccine campaign in the United States was met with people who accepted the vaccine and the “anti-vaxxers,” who started their own social media campaign against the horrors of vaccination.

A few death cases arising from health complications after receiving vaccines further cemented anti-vaxxers’ narrative and lowered public trust, especially for booster doses. Federal Health officials hope the new boosters will provide more robust protection than the current booster doses while targeting the original strain. However, the lack of human trial data means that the FDA does not know whether the new vaccines will be more effective than the current ones or the health impact they may have on the vaccinated.

Many experts believe the FDA’s decision to proceed without human trials is risky. If the booster doses do not work as intended, it could be a severe dent in public trust. According to Dr. Celine Gounder, an infectious disease specialist, there is no reason to believe that the new vaccines might be unsafe. However, he remains skeptical whether it will be better than the current vaccines.

Barouch, the Johnson & Johnson vaccine maker, reported their boosters only had a marginal improvement in immune response over the original vaccine.

No Time for Human Trials, States FDA Health Advisor

It is important to remember that the FDA authorized the first version of mRNA vaccines after assessing safety and efficacy data based on the thousands of human trials conducted. The new mRNA vaccines target the original strain and BA.4 and BA.5 omicron subvariants.

Supporters of this controversial move believe that vaccine manufacturers have had a lot of experience in the past two years to deem the new vaccines safe without the need for human data.

Dr. Ofer Levy, an infectious disease specialist and an advisor to the FDA, argued that the death rate from coronavirus is more likely to jump during fall and winter. By implementing this approach, the FDA can prevent the severe disease from spreading.

Waning Effectiveness Could Mean Another Wave of Hospitalizations

The urgency of rolling out the new vaccines arises from the concern of the nation’s top health executives. Heather Scobie, a CDC epidemiologist, spoke about how deaths and hospitalizations in the country have risen again. He stated that the omicron variant continues to mutate into more transmissible subvariants capable of avoiding the protection offered by original vaccines.

Because of rapid mutations, concerns arise about the waning effectiveness of the older vaccines, which could lead to an increase in hospitalizations and deaths, especially with how people will spend most of their time indoors during winters, an environment for the virus to spread swiftly.

Mouse Experiments Are Notoriously Unreliable; Critics Say

Not everyone believes that the decision made by the FDA to roll out vaccines after only conducting mice trials would benefit the country. John Moore, an immunologist at Weill Cornell Medicine, finds it bizarre that the FDA is relying on animal studies as these are not predictive of the effects of the vaccine in humans. According to Moore, the FDA is just making guesswork rather than basing its decision on analysis and consultation with experts.

Health Officials Handling Covid Vaccines as Flu Vaccines

Deepta Bhattacharya, an immunobiologist, takes a somewhat logical approach to the argument. Speaking with NPR, he stated that health officials now understand vaccine development and how to work with them. Bhattacharya further said that flu vaccine manufacturers change their vaccine each year to match the latest strain but do not conduct yearly trials; the same is the case with Covid vaccines now. Researchers are handling it just like they would any flu vaccine.

Dr. Peter Marks, responsible for heading the FDA department that reviews vaccines, backed the organization, stating it is confident and has the experience to predict the effectiveness of the vaccines from available data using animal testing and without clinical trials.

Why Didn’t mRNA Vaccine Manufacturers Have Enough Time for Clinical Trials?

The two mRNA vaccine manufacturers, Pfizer and Moderna, initially focused on developing a vaccine with original spike protein targeting the omicron variant BA.1, responsible for many hospitalizations and deaths in the winter of 2021.

The rapid evolution of the COVID-19 virus has made it challenging for manufacturers to keep up with it. By the time the mRNA vaccine manufacturers decided to ready the vaccines, more transmissible subvariants had driven the BA.1 booster out of prevalence. The FDA requested the manufacturers to focus on targeting omicron BA.5, the latest dominant subvariant.

Such a decision did not allow mRNA vaccine manufacturers enough time to carry out clinical trials for their bivalent vaccines if they were to roll out the vaccines by fall to help prevent hospitalizations and deaths.

Immunity under PREP Act – Can You Sue for COVID-19 Vaccine Side Effects?

In 2005, the president of the United States signed the Public Readiness and Emergency Preparedness Act or PREP Act, which provides legal protection to manufacturers and distributors of vaccines in the country, unless in the event of willful misconduct. It was a way to expedite vaccine development for infectious diseases.

Under the PREP Act, there is no party you can blame in the US court of law. You cannot sue the manufacturer or distributor for your vaccine side effects. What about the government? Can you sue them then, as many are also concerned about whether or not they can sue the Food and Drug Administration for side effects as they authorized the release of the vaccine without human clinical trials?

Because of sovereign immunity, you cannot sue the FDA as well! Many businesses are making it mandatory for all their employees to get the COVID-19 vaccine. Employers legally have the right to impose such a requirement on their employees, which means you cannot pursue legal action against your employers for any side effects of the vaccine you were “forced” into taking.

Workers can seek protection under anti-discrimination laws such as the Americans with Disabilities Act, which exempts workers from getting a vaccine if it violates their “sincerely held” religious beliefs.

In cases where an employee suffers severe side effects from a work-mandated COVID-19 vaccine, they may be able to apply through the workers’ compensation program, treating the side effects as a work-related injury. Still, there are significant limits on the FDA authorization of damages one can recover.

Recovering Damage for Immune Response Disinfo?

That said, governments have provided a way to recover some damages if anything were to go wrong following immunization to both the original strain and Omicron BA.1. Under the PERP Act, the Countermeasures Injury Compensation Program allows eligible individuals to recover benefits up to a specific limit based upon their human data and how it affected their human cells. After all, it’s all mouse data!

However, it can be challenging to recover under the program as the bar for evidence is relatively high, which can be an obstacle for those affected by COVID-19 vaccine side effects as compelling evidence of how it will infect cells is not available early on.

Recovering compensation under the workers’ compensation program may be easier if you contract side effects. To know more about your rights, you can go to the Ehline Law Firm website for a free consultation with legal experts there.

Gervonta Davis Hit and Run Criminal and Potential Civil Liability

GERVONTA DAVIS now under house arrest for 90 days for a 2020 hit-and-run collision.

Baltimore, Maryland, May 5, 2023- Most of my readers know I am a martial arts fanatic and inactive Marine. Warrior culture is part and parcel of the Ehline Law Firm culture, so I try and include stories about boxing and MMA when they overlap with our accident law expertise. It appeared as though Davis’ case was almost decided at the end of last year. Back in November 2020, Davis pleaded guilty to four traffic offenses.

However, a Baltimore Circuit Court judge refused to sign off on a plea deal letting the boxer avoid jail time with just 60 days of house arrest, now up to 90 days, despite at least one passenger in the struck vehicle lambasting officials for allowing such a weak sentence. She thinks this is a failure of the criminal justice system.

Here, world-renowned professional boxer Gervonta Davis still finds himself in a precarious situation after being placed under house arrest for just 30 days longer at his May 5 sentencing. Lucky for him, the sentencing, which also involved allegations of harming a pregnant woman, was delayed long enough for him to slay Ryan Garcia with a knockout blow, securing Davis the win despite the guilty plea. Although he won’t have to stand trial criminally, civil claims are sure to follow.

This legal predicament jeopardizes his boxing career and exposes him to potential future criminal and civil liabilities that could have long-lasting consequences. The recent placement of boxing sensation Gervonta Davis under house arrest has cast a shadow over his career. Both criminal and civil liabilities pose significant threats to the athlete and his highly anticipated fight against Ryan Garcia.

Criminal Liability: Gervonta Davis Faces Legal Consequences as House Arrest Imposes Threats to Boxing Career

Following an incident in Maryland in 2020, while Davis was driving his SUV under a police escort, Gervonta Davis was put under house arrest as part of his bail conditions. In the initial legal proceedings, Gervonta Davis faced a total of 14 misdemeanor charges associated with the incident.

Prosecutors alleged that Davis was operating a vehicle with a suspended/revoked license, neglected to stop at a red light, and collided with a Toyota while driving a Lamborghini SUV. The collision resulted in injuries to four individuals inside the Toyota. Furthermore, Davis was also accused of failing to provide assistance following the accident, making this one of the more frequently punished traffic offenses.

Here are the Basic Facts

According to charging documents, video footage captured the moment when Gervonta Davis allegedly ran a red light and collided with a Toyota. Following the collision, the Lamborghini veered off course and crashed into a nearby fence. Surveillance footage from a convenience store in the vicinity revealed the driver, later identified as Davis, along with a female passenger, swiftly exiting the scene. They reportedly got into a black Chevy Camaro, which had arrived to pick them up.

Subsequently, the Camaro was seen arriving at a Four Seasons Hotel located in downtown Baltimore. Davis, who had a suspended driver’s license, fled to the hotel prior to the arrival of Baltimore police officers at the crash scene. The occupants of the Toyota sustained various injuries, including bruises and cuts.

Ultimately he waived his right to a speedy trial, and Davis pleaded guilty as part of a plea deal. These were very serious charges, and typically, this type of behavior is exhibited by DUI drivers or drivers operating a vehicle with a suspended license or with no insurance. For a court to approve such a sentence, leaving so many other charged violations to go unsentenced, means there must have been one hell of a sidebar with the judge, prosecution, and defense lawyers. The rights of the victims continue to be of concern to me as a lawyer, and I can’t help but feel Tank’s privilege of being a celebrity helped along striking such a favorable plea agreement.

Victims Are Not All Happy!

The alleged victim, Jyair Smith, the pregnant lady in the car he struck, spoke out against the plea deal in this fleeing the scene of an accident case with property damage and bodily injury.

“I begged Mr. Gervonta Davis, I looked him in his eyes,” said Smith.

“I said, ‘I have to get home to my daughter, I’m pregnant.’ He never once came over to help me.”

The 90-day house arrest is far from the maximum penalty of 50 months in prison if found guilty.

Hit and Run Accident Involving Bodily Injury a Weak Plea Deal?

Smith clearly thinks it was a bad deal for her and these victims of crime. In that case, he blew through a red light in his Lamborghini Urus, smashing into a car with four people inside, including a pregnant woman. There was also an issue involving at least one police contact and priors, which could lead to a future potential probation or sentence enhancement.

Prior Battery Causing Bodily Harm?

Apart from the charges already levied against him, Gervonta Davis encountered further legal trouble on December 27, 2022. He was apprehended and subsequently booked into the Main Jail Bureau of Broward County in Fort Lauderdale, FL, on a single count of Battery Causing Bodily Harm for allegedly hitting the mother of his 1-year-old daughter.

News reports from TMZ reported that he struck a woman on the right side of her head, allegedly using what was described by police as a “closed hand type slap.” The blow left her with “a small abrasion to the inside of her upper lip on the right side of her mouth.”

Because of this, there could have been a sentence enhancement based on priors. The exact details surrounding that incident remain undisclosed. However, it is reported that Davis could still have criminal charges, even though the alleged victim retracted her statements against him with the police.

The outcome of any counts brought in those legal proceedings and any potential probation violations could result in even more severe penalties, including fines, probation, and even imprisonment. We will provide updates as to counts involving his injured baby mama and other people injured as they file lawsuits, etc.

Future Vegas Ambitions?

Gervonta Davis, boasting an impressive record of 28 wins with 26 knockouts (28-0, 26 KOs), is currently in the final stages of negotiations for a highly anticipated super fight against Ryan Garcia. The proposed bout, set at a catchweight of 136 pounds, is tentatively scheduled to take place on April 15 in Las Vegas, NV, assuming the “Tank” doesn’t get arrested or convicted of something else in the meantime.

Such consequences have the potential to further tarnish Davis’ bad boy image and reputation and hinder his future endeavors within the boxing industry with charges stemming from domestic violence and criminal behavior.

Civil Liability Looms: Gervonta Davis’ Boxing Career Hangs in the Balance Amidst Legal Troubles and Potential Lawsuits

Although his criminal defense lawyer, Michael Tomko, has declined comment, Davis may also face civil liability for his involvement in the incident. Pregnant women are not able to take X-rays and suffer more harm in accidents, as injuries are often medically hard to identify.

Difficulties of Diagnosing Personal and Fetal Injuries in Pregnant Women?

Diagnosing car accident injuries in pregnant women can present unique challenges due to several factors. These factors can complicate the diagnostic process and make it more challenging for medical professionals to identify and treat injuries effectively.

Here are some reasons why it may be harder to diagnose car accident injuries in pregnant women:

  1. Masking of Symptoms: Pregnancy can cause various physiological changes in a woman’s body, such as increased blood volume and hormonal fluctuations. These changes can potentially mask or overlap with symptoms of car accident injuries, making it more difficult to differentiate between normal pregnancy-related discomfort and potential injuries sustained in the accident.
  2. Delayed Onset of Symptoms: In some cases, the symptoms of car accident injuries may not manifest immediately. Pregnant women may experience a delay in the onset of symptoms due to hormonal changes, adrenaline release, or the body’s natural response to protect the fetus. As a result, injuries may not become apparent until hours, days, or even weeks after the accident, making diagnosis more challenging.
  3. Focus on Fetal Well-being: In the immediate aftermath of a car accident involving a pregnant woman, medical professionals often prioritize assessing the well-being and health of the fetus. While this is crucial, it may lead to the initial focus being primarily on fetal monitoring, potentially diverting attention from identifying and diagnosing maternal injuries.
  4. Limited Imaging Options: Certain diagnostic imaging techniques, such as X-rays and computed tomography (CT) scans, involve ionizing radiation that can potentially harm the developing fetus. Due to the potential risks, healthcare providers may be more cautious in using these imaging modalities, leading to limited diagnostic options for identifying injuries in pregnant women.
  5. Complex Physiology: The anatomical and physiological changes that occur during pregnancy, such as an enlarged uterus and changes in organ placement, can make it more challenging to conduct physical examinations and interpret diagnostic tests accurately.
  6. Psychological Factors: Pregnant women who have experienced a car accident may experience increased stress, anxiety, or fear, which can influence their perception of pain or symptoms. These psychological factors may further complicate the diagnostic process, making distinguishing between physical injury-related symptoms and others.

Given these challenges, it is crucial for pregnant women involved in car accidents to seek immediate medical attention, even if they do not experience immediate or noticeable symptoms. Healthcare providers with experience in managing car accident injuries in pregnant women can conduct a comprehensive evaluation, considering both maternal and fetal well-being, and utilize appropriate diagnostic methods to identify and address any potential injuries effectively.

If any individuals were harmed or property was damaged as a result of the altercation, they could pursue civil lawsuits against the boxer. These lawsuits may seek financial compensation for the victims, potentially leading to substantial damages awarded against Davis. Such financial burdens could further complicate his boxing career, causing significant setbacks and hindering future opportunities.

What Civil Consequences Does Tank Face?

In a civil hit-and-run case in Maryland, Davis can face various potential damages depending on the circumstances of the incident and the resulting injuries or losses suffered by the victim. While I can provide general information, consulting with a legal professional specializing in Maryland law for specific advice tailored to your situation is important.

  1. Compensatory Damages: The victim of a hit-and-run accident may seek compensatory damages to provide financial compensation for the losses they incurred. These damages can include:
    • a. Medical Expenses: This covers the costs of medical treatment, hospitalization, medication, rehabilitation, and ongoing healthcare expenses resulting from the injuries sustained in the accident.
    • b. Property Damage: If the hit-and-run incident resulted in damage to the victim’s property, such as their vehicle, compensation may be sought to cover repair or replacement costs.
    • c. Lost Wages: If the pregnant victim suffered injuries that led to missed workdays or a decreased earning capacity, they might be entitled to compensation for the income they lost as a result.
    • d. Pain and Suffering: Damages can be awarded to compensate for the physical pain, emotional distress, and mental anguish experienced by the victim due to the hit-and-run accident.
  2. Punitive Damages: In certain cases, Maryland law allows for punitive damages to be awarded in civil hit-and-run cases. These damages aim to punish the defendant for their reckless behavior and deter others from engaging in similar actions. To be eligible for punitive damages, the defendant’s actions must be found to be willful, wanton, or malicious.
  3. Other Potential Damages: Depending on the specific circumstances, additional damages may be pursued, such as loss of consortium (for the impact on the victim’s personal relationships), wrongful death damages (in cases where the hit and run resulted in a fatality), or future medical expenses (if ongoing treatment or care is necessary).

It’s important to note that the amount of damages awarded will depend on the evidence presented, the severity of the injuries, the degree of negligence demonstrated by the defendant, and other factors the court considers. To fully understand the potential damages in a civil hit-and-run case in Maryland, it is advisable to consult with an experienced attorney who can provide personalized legal guidance based on the specific details of your case. We are not Maryland lawyers, so we can not offer legal advice. However, our firm can form “of counsel” relationships with lawyers we already work with in Baltimore Circuit Courts and others.

Boxing Career at Stake?

Gervonta Davis’ house arrest and impending legal battles significantly threaten his illustrious boxing career. The sport demands discipline, integrity, and adherence to strict codes of conduct. The Boxing Commission doesn’t play around, either. Any criminal charges or legal entanglements can have dire consequences for an athlete’s standing within the boxing community.

More About Davis

Davis, known for his exceptional skills and relentless drive, was scheduled to face off against Ryan Garcia in a highly anticipated fight. However, with his current legal situation, the future of this bout hangs in the balance. Promoters, sponsors, and the boxing governing bodies may have reservations about allowing Davis to participate, considering the potential risks and negative publicity associated with his ongoing legal issues.

Redemption and Rehabilitation

While facing these legal challenges, Gervonta Davis has the opportunity to take responsibility for his actions, seek redemption, and engage in rehabilitation efforts. By demonstrating a commitment to personal growth, addressing any underlying issues, and making amends to those affected, Davis can mitigate the harm to his career and reputation.

Conclusion

Gervonta Davis, the boxing sensation placed under house arrest, finds himself confronted by both criminal and civil liabilities that cast a shadow over his career. The outcome of his legal battles will significantly impact his future within the sport, potentially affecting his upcoming fight against Ryan Garcia. Davis now stands at a critical juncture where personal redemption and legal consequences converge, highlighting the importance of accountability and rehabilitation in preserving his boxing legacy. If you were in a hit-and-run in Texas or California fleeing the scene case, reach out to our hit-and-run lawyers to get a free consultation about obtaining compensation. Call (213) 596-9642 today!