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Question for the actual lawyers on this bort
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Date: December 8th, 2021 1:15 PM Author: Drab school Is the legal immunity granted to Pfizer etched in stone for all eternity? Is there anything aside from politics that stops it from being revoked? Does it have any glaring weaknesses? Any constitutional issues?
Also, could such revocation have retroactive effect, or would that raise ex post facto problems? |
Date: December 8th, 2021 6:11 PM Author: Drab school (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#43580153) |
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Date: December 8th, 2021 6:12 PM Author: Greedy nursing home doctorate Put the link up that prompted this question (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#43580158) |
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Date: December 8th, 2021 6:36 PM Author: Drab school No. (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#43580249) |
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Date: December 8th, 2021 6:14 PM Author: Arousing headpube I’m sure the fed gov has agreed to indemnify them in their contract. So basically Pfizer is fine. (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#43580166) |
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Date: December 8th, 2021 6:34 PM Author: Drab school Ok but how does the federal government just make the 7th amendment not work? Jurisdiction stripping? Is there some notion that the govt can extend sovereign immunity to non-state actors? (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#43580246) |
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Date: March 18th, 2022 11:21 PM Author: Drab school (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176675) |
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Date: March 18th, 2022 11:23 PM Author: exciting glassy area no, not forever and subject to review (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176693) |
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Date: March 18th, 2022 11:25 PM Author: Beady-eyed church building idiot if their actions were legally immune at the time of wrongdoing I think legally a party would be precluded from filing a scholarly treat against them in an arena of justice (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176702) |
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Date: March 18th, 2022 11:50 PM Author: exciting glassy area are you saying a jurisprudence would NOT be performed? (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176833) |
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Date: March 18th, 2022 11:56 PM Author: Beady-eyed church building idiot a reverse jurisprudence of righteous indifference by a warrior prince of lawyerly scholarship would be adjudicated forthright (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176875) |
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Date: March 18th, 2022 11:57 PM Author: aromatic mentally impaired brethren hominid can't be immune if you just kill them all (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44176879) |
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Date: March 19th, 2022 12:23 AM Author: Drab school So it's a jurisdiction stripping bill. It says courts can't hear claims alleging injury due to the vaxx, or any claim challenging the validity of this law. Guess there's no way around THAT. (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44177001) |
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Date: March 19th, 2022 12:36 AM Author: Spectacular corner https://www.phe.gov/Preparedness/legal/prepact/Pages/prepqa.aspx#immune1
It reads to me like the PREP Act works a field preemption over stuff that's in the scope of a valid HHS declaration, not a jurisdiction stripping bill. To be sure, courts can't grant relief, but claims within the scope of the PREP Act declaration must be dismissed on the merits. |
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Date: March 19th, 2022 12:41 AM Author: Drab school I read the actual bill language at some point. Cant find it now. You had to read all the way to the end to see how they did it I thought. Looked like jurisdiction stripping to me. (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44177075) |
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Date: March 19th, 2022 12:29 AM Author: Odious poppy pistol senate Haven't researched the issue, but from a practical issue, their biggest threat is what you identified - politics.
All of the sudden a new administration comes in and passes a "fuck Pfizer act" and the court upholds it. |
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Date: March 19th, 2022 12:31 AM Author: Drab school This immunity was granted in conjunction with official declarations by the POTUS and findings by the FDA and CDC and NIH all kinds of other administrative bullshit. Pfizer will say they only stepped forward and took a gamble on this because the govt created all this legal space for them. Seems substantively like an ex post facto issue. (http://www.autoadmit.com/thread.php?thread_id=4981404&forum_id=2#44177039) |