A class-action lawsuit about overtime pay for truck drivers hinged entirely on a debate that has bitterly divided friends, families and foes: The dreaded — or totally necessary — Oxford comma, perhaps the most polarizing of punctuation marks. What ensued in the United States Court of Appeals for the First Circuit, and in a 29-page court decision handed down on Monday, was an exercise in high-stakes grammar pedantry that could cost a dairy company in Portland, Me., an estimated $10 million. In 2014, three truck drivers sued Oakhurst Dairy, seeking more than four years’ worth of overtime pay that they
Comments: I´m a believer that too many commas are always better than too few.
Thus illustrates that no matter how you arrange little specs of ink on paper, or pixels on a screen, there is no way to prevent some weasel lawyer or judge from declaring they mean the opposite of what was intended.
Drive the company bankrupt or drive up their insurance premiums too high where they go out of business, then the state can provide your milk, or figure out a way to get into the taxpayers pocket. Crooked news from a crooked paper.
The judge should have looked beyond the comma argument and explained why the language "or distribution of" was included. Under the judge´s interpretation, "or distribution of" would be meaningless. As for commas, they are for clarity, so these issues do not arise. So if you wish to be clearly understood, I suggest the comma.
It’s not over. Here’s where the court went - first zigging for the company, then zagging for the drivers. Then remanding:
The District Court concluded that, despite the absent comma, the Maine legislature unambiguously intended for the last term in the exemption´s list of activities to identify an exempt activity in its own right. The District Court thus granted summary judgment to the dairy company, as there is no dispute that the drivers do perform that activity. But, we conclude that the exemption´s scope is actually not so clear in this regard. And because, under Maine law, ambiguities in the state´s wage and hour laws must be construed liberally in order to accomplish their remedial purpose, we adopt the drivers’ narrower reading of the exemption. We therefore reverse the grant of summary judgment and remand for further proceedings.
All this judgment did after parsing themselves into insanity, was reverse the original summary judgment to Oakhurst, the company.
Meet America’s newest victim — Chelsea Clinton. Nobody knows the troubles she’s seen. Chelsea’s got a right to sing the blues. Last week, in the Los Angeles Times, someone named Ann Friedman laid out the former First Spawn’s credentials as a modern Democrat in good standing. Chelsea is oppressed, as opposed to, say, another first daughter with blond hair. “Chelsea,” Friedman wrote, “like her mother, never gets a break — unlike Ivanka and her father.” You don’t say. Now that I think about it, it really must be arduous being Chelsea Clinton. This L.A. Times op-ed appeared a day after it was reported that
Fool me once, shame on you. Fool Huma Abedin four times, and she’ll still take you back. After years of public humiliation by her sext-a-holic husband, Anthony Weiner, 40-year-old Abedin finally separated from the former congressman in August, one day after The Post reported that he had sent yet another explicit photo to a woman — this one showing his toddler son asleep beside him. But sources tell The Post that Hillary Clinton’s righthand woman is now giving the marriage another try. “Huma has been working hard on her relationship with Anthony,” said a source close to the Abedin family. “He has been
Every week it seems more and more as if San Francisco doesn’t really want to be part of the United States anymore. Perhaps that Calexit thing needs a second look… Out in the City by the Bay, activists are very concerned that Donald Trump will be “George W. Bush on steroids” when it comes to ICE officers locating and deporting illegal aliens. (The fact that Barack Obama left Bush in the dust on that front seems to be lost on them.) But fear not, campers. The Social Justice Warriors are prepared to fight back and are training thousands of “expert witnesses”
It is hard to overestimate the damage the Freedom Caucus has done to the fledgling presidency of Donald Trump, and to the country. By blocking the American Health Care Act of 2017, the conservative group has guaranteed that Americans will struggle forward under the burden of Obamacare. In the next few months insurers will announce their premium hikes for the coming year; chances are, given the continuing withdrawal of major companies from the marketplaces and the ongoing failure of the bill to attract enough young and healthy participants, the new rates will not be pretty. Last year premiums went up
Judge Andrew Napolitano may be temporarily sidelined at Fox News, but he’s been telling friends and associates that he could be in for a big promotion — to the Supreme Court. After meeting with President Trump twice during the transition, first in December and again in mid-January, the Newark, N.J.-born television personality told several people that Trump said he was on the list of judges from whom he was selecting a nominee for the high court. “He said, ‘Trump said I’m on the list,’” said a source who spoke with Napolitano shortly after one of his meetings with the then president-elect. “He’s
Rape was once a capital crime almost everywhere. But the politically correct culture, with its gift for dumbing down everything, regards rape now not as a felony, but a misdemeanor, something like shoplifting. The abduction of a 14-year-old girl at Rockville High School in Maryland’s Montgomery County by two classmates, newly arrived illegal immigrants, who are charged with torturing, raping and sodomizing her in the boys’ restroom, has outraged most of the residents of the county. But some of the county officials, not so much. Outrage is fatiguing. In Montgomery County, which aspires to be a sanctuary for illegal aliens in trouble
In the last three months of the Obama presidency, significant personal information from and about the Trump transition was collected and widely disseminated at intelligence agencies, according to House Intelligence Committee Chairman Devin Nunes. Dozens of intelligence reports provided to Nunes by an unnamed whistleblower were floating around during the sensitive transition period following the election, he said. The information collection itself may have technically been legal, but the failure to properly mask the information “alarmed” the California congressman, who notified the White House of the surveillance and dissemination of information on Wednesday afternoon. Many of the reporters present didn’t seem to
A group of Senate Democrats is beginning to explore trying to extract concessions from Republicans in return for allowing Supreme Court nominee Neil Gorsuch to be confirmed, according to multiple sources familiar with the matter. The lawmakers worry that Gorsuch could be confirmed whether Democrats try to block him or not — and Democrats would be left with nothing to show for it. That would be a bitter pill after the GOP blocked Merrick Garland for nearly a year. The deal Democrats would be most likely to pursue, the sources said, would be to allow confirmation of Gorsuch in exchange for a
Sears Holdings, the parent company of Sears and Kmart, announced in its annual report that "substantial doubt exists related to the company´s ability to continue as a going concern." The long, slow death of a retail legend appears to be inevitable. The death of Sears, while not imminent, brings to a close a significant chapter in American history. For nearly 100 years, Sears dominated the retail and catalog business in America. In rural America especially, Sears "wishbooks" opened a world previously unknown to farmers with reasonable prices for washing machines, ice boxes and other appliances as well as durable goods. The arrival
Back in 2009, when President Obama was trying to pass his stimulus package, conservative Erick Erickson accused then-Senate Minority Leader Mitch McConnell of “spreading a cancer of capitulation.” To help drive this point home, Erickson launched a controversial campaign to “send Mitch some balls.” Today, as the Senate seems on track to confirm Neil Gorsuch to the U.S. Supreme Court, Erickson is giving credit where credit is due. “Though I have my disagreements with Senator McConnell,” Erickson tells me, “it seems very clear that his refusal to entertain the (Merrick) Garland nomination incentivized continued conservative engagement in the 2016 election
"Complicit" is a smooth-sounding word with a rough definition, meaning "involved with others in an activity that is unlawful," or, (according to Webster) "helping to commit a crime or do wrong in some way." When Michelle Obama supported her husband, when Hillary and Chelsea Clinton supported their husband and father, it was described being loyal, being involved, and being assertive, all excellent traits in your present-day woman. Only when Ivanka Trump is supporting her father does it become something quite close to criminal action, and it is the fact that she looks, acts, and lives both the feminist dream AND the
New, brutal details emerged Monday in the alleged rape of a 14-year-old girl at a Maryland high school by two male students, at least one of whom was in the country illegally. The unidentified student at Rockville High School in Rockville, Md. was violently raped, sodomized and made to perform oral sex in a campus bathroom stall by the two males, according to court records. Jose O. Montano, 17, from El Salvador, and Henry E. Sanchez-Milian, 18, from Guatemala, were charged with first-degree rape and two counts of first-degree sexual offense after they allegedly attacked the girl at 9 a.m. last Thursday. “The
House Republican leaders abruptly pulled a Republican rewrite of the nation’s health-care system from consideration on Friday, a dramatic acknowledgment that they are so far unable to repeal the Affordable Care Act. “We just pulled it,” President Trump told The Washington Post in a telephone interview. The decision came a day after President Trump delivered an ultimatum to lawmakers — and represented multiple failures for the new president and House Speaker Paul D. Ryan (R-Wis.). The decision means the Affordable Care Act remains in place, at least for now, and a major GOP campaign promise goes unfulfilled. It also casts
Republican officials in Congress and the White House are now openly discussing finding a GOP replacement to Rep. Paul Ryan (R-WI) as Speaker of the House, after Ryan failed to pass the American Health Care Act out of the House and misled the public and President Donald Trump when he promised repeatedly the bill would pass. Ryan was caught on an audio file from October—obtained by Breitbart News and published a couple weeks ago—saying he is “not going to defend Donald Trump—not now, not in the future.” While the audio file does not make the comments clear, Ryan’s staff later claimed
Nearly three months after the Trump clan moved into their new posh Washington neighborhood, neighbors of Ivanka Trump and Jared Kushner have expressed their fury over the presidential family´s lack of community etiquette that is ´ruining´ the suburb. Residents have complained their new neighbors have been hogging parking on an already crowded street and leaving trash bags rotting on the curb. A big part of the complaint: a huge security presence, with even a trip to the playground requiring three vans. They have groused that sidewalks have been closed, public parking overrun and that the family and their staff can´t
BRUSSELS—Republican Senator John McCain revealed he hasn’t met the President Donald Trump in person since he took office, and he urged Trump to reach out to his opponents—Democratic and otherwise—ala Ronald Reagan if he wants to repeal Obamacare. “Do some outreach. Get to know some of these Democratic leaders,” he said. “You can find common ground.” McCain said he’d met Trump “some years ago” when he was a businessman, but had not met him since. McCain said he did speak “almost daily” to National Security Adviser Lt. Gen. H.R. McMaster and Defense Secretary Jim Mattis, however. “He doesn’t seem to
Donald Trump had heard enough about policy and process. It was Thursday afternoon and members of the House Freedom Caucus were peppering the president with wonkish concerns about the American Health Care Act—the language that would leave Obamacare’s “essential health benefits” in place, the community rating provision that limited what insurers could charge certain patients, and whether the next two steps of Speaker Paul Ryan’s master plan were even feasible—when Trump decided to cut them off."Forget about the little "stuff", Trump said, according to multiple sources in the room. "Let´s focus on the big picture here."The group of roughly 30
Broken promises are as old as politics itself, and there are many famous examples of them in modern history. President George H.W. Bush´s "read my lips, no new taxes" pledge comes immediately to mind, as does President Bill Clinton reneging on his middle-class tax cut, and President Barack Obama never closing Guantanamo Bay. But in each of those cases, those were promises that were made in a given campaign by a given politician. The promise of Obamacare repeal is much different. Republicans ran on repealing and replacing Obamacare for seven years, over the course of four election cycles. They won the
(Video)Maryland’s governor said Friday he cannot promise parents of children in Montgomery County schools, where a freshman high school student was allegedly raped by two older teenagers, that their children will be safe. Republican Gov. Larry Hogan’s remarks came as the assault last Thursday by two immigrants, at least one of whom is in the U.S. illegally, has become a flashpoint for parents worried that the county’s “sanctuary” status for illegal immigrants exposes their school children to danger.“I’m not sure I can give assurances that their children will be safe,” he said. What he did give assurances about, however, was that he
Brexit was caused in part by climate change, former US Vice-President Al Gore has said, warning that extreme weather is creating political instability “the world will find extremely difficult to deal with”. Mr Gore, speaking at an event in which he previewed a sequel to his landmark 2006 documentary, An Inconvenient Truth, said the “principal” cause of the Syrian Civil War had been the worst drought in 900 years, which forced 1.5 million people to move from the countryside to the cities. There they met a similar number of Iraqis who had fled the conflict in their homeland, creating powder keg conditions
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It´s the most cunning robocall scam I’ve encountered — and the fact that I’ve fallen for it more than once tells you how successful it can be. The phone rings. You pick it up and say “hello.” There’s a brief silence and then a woman’s voice says, “Oh, hi there!” She offers an embarrassed laugh. “I’m sorry, I was having a little trouble with my headset!”I’ve gotten this call a number of times in recent weeks, at home and at work, and each time I’ve been suckered by the lifelike opening to stay on the line longer than I normally
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Former Secretary of State Hillary Clinton said on Friday that the defeat of the Republican plan to repeal Obamacare was ´a victory for all Americans.´ The Democrat, who lost to President Donald Trump in the November 8 election, tweeted: ´Today was a victory for the 24,000,000 people at risk of losing their health insurance, for seniors, for families battling the quiet epidemic of addiction, for new moms and women everywhere.´ ´Most of all, it´s a victory for anyone who believes affordable health care is a human right.´ ´We cannot forget: This victory happened because people in every corner of our country committed their