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1. McConnell is insisting on a liability shield for businesses in the next COVID-19 bill to prevent "frivolous lawsuits"

THE TRUTH: he's proposing to protect corporations in virtually every circumstance, no matter how egregious the conduct

Let's review

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2. The first thing to understand is that its pretty difficult to recover for any injury in American courts.

Plaintiff's are responsible for proving the defendant was careless, their carelessness caused the injury, and the injury caused specific damages

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3. Even if a Plaintiff achieves all of that, a Defendant can still win if they can prove that the plaintiff's own conduct played a significant role in the injury

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4. You can see why this would make any COVID-19 injury case VERY DIFFICULT to win.

How do you prove you contracted a highly-contagious virus in a specific location?

How do you prove it was the businesses fault and not because you didn't wash your hands?

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5. McConnell's bill takes this very difficult burden and makes it effectively impossible.

Plaintiff's will no longer be able to just prove negligence.

They have to prove "gross negligence" -- that the corporation acted consciously, knowing it would put people in danger
6. Plaintiff's couldn't just prove it was "more likely than not" that the corporation was grossly negligent. They would have to prove gross negligence by "clear and convincing evidence," one of the highest evidentiary standards.

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7. Even if somehow a plaintiff was able to do all that, a grossly negligent defendant could still win by showing it made "reasonable efforts" to comply w/government guidelines

Not that it complied with government guidelines, just that it gave it a shot

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8. Since guidelines by the CDC are optional and not mandatory you can actually comply with CDC guidelines without doing anything at all.

This seems like a pretty big loophole

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9. The bill also bars all COVID-19 injury cases from state court and moves them all into federal court which is a venue that is much friendlier to defendants

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10. The bill, in other words, makes COVID-19 litigation something that would be unlikely to something that is virtually impossible

This would create an environment where businesses would have an incentive to cut corners to save money

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11. There is no flood of litigation. According to a law firm that tracks the data, there have been only 16 lawsuits filed by consumers related to contracting COVID-19 in a public place

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12. But corporations needs to know there is some chance of liability if they don't keep workers or customers safe

This bill would place everyone at risk

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Judd Legum
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UPDATE: Apart from the shady stock transactions, an open Q regarding Kodak is WHY Trump decided to be so nice to them.

Why take a company that has been running on fumes for a decade and give them a massive loan to turn into a pharmaceutical company?

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The size of the Trump loan is 7x THE VALUE OF KODAK at the beginning of this week.

And why give the money to Kodak money to make the chemicals for generic drugs. Why not partner with, I don't know, a pharmaceutical company?

The answer might go back to CELEBRITY APPRENTICE
Kodak, according to a 2010 press release, was "the First Sponsor Ever to Appear on Three Consecutive Seasons"

During that season viewers could "vote for their favorite KODAK MOMENT from each week’s episode."

businesswire.com/news/home/2010…
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Judd Legum
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1.Kodak stock spiked from $2.11 to nearly $60 after Kodak got a $750 million loan from the feds.

Volume dramatically increased MONDAY, before the loan was publicly announced

I spent yesterday investigating.

Here is what I found

popular.info/p/what-happene…
2. Kodak sent a press release on Monday afternoon to Rochester media teasing an upcoming announcement with U.S. government officials that "could change the course of history for Rochester and the American people."

The news was on Twitter and local media

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3. Within a few hours, these tweets and stories were taken down from the web without explanation. I talked to @13WHAM and they told me that Kodak said it meant to send the press release under embargo and asked them to take the info down, which they did

popular.info/p/what-happene…
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Judd Legum
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1. @sarahpalinusa has an undisclosed relationship w/an obscure right-wing website called Analyzing America

The website, which traffics in propaganda and conspiracy, pays Palin to post links to her Facebook page

The arrangement violates Facebook's rules

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@SarahPalinUSA 2. In response to a request for comment, Facebook said: "After an initial investigation, we found there’s enough evidence to merit a deeper review. In the meantime, we are taking temporary enforcement action and demoting the Page posting this content"

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3. Palin has posted links to Analyzing America 280 times since May 4. All of the content is aggregated and much of it is toxic. Last year, Analyzing American published a post implying that Hillary Clinton was responsible for murdering Jeffrey Epstein.

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