Stubbins Watson Bryan & Witucky Co., L.P.A. - October 2024

Check out our October newsletter!

Autumn Adventures Await KICK OFF FALL WITH ORCHARDS, TOUCHDOWNS, AND MORE! THE LEGAL NAVIGATOR OCTOBER 2024

Fall is a magical time when the trees turn from their usual green hues to red, yellow, and orange shades. The weather starts to cool down now that we’ve officially left summer and have a couple of months before winter’s chill sets in. This is the season of apple picking, hiking, and all things pumpkin, and we have plenty of excitement in our community we should all try to take advantage of. Whether we’re trying to give the kids a break from their weekly routines or want to find something fun for the entire family, the fall season comes packed with exciting indoor and outdoor activities. Not sure where to begin? Don’t worry! I’ve gathered some of my favorite fall events, activities, and adventures, sure to keep your family busy and smiling! Head to an orchard. Does anything scream fall more than apple picking and enjoying fresh apple cider from an orchard or cider mill? The first bite of a fresh apple will send you back to your childhood if you enjoyed similar activities with your parents. Whether you just want to kill a couple of hours or need an all-day adventure, heading to an apple orchard will surely put you in a great mood and meet your needs. Some orchards even have other activities perfect for fall, like pumpkin patches, petting zoos, and corn mazes. Your kids will love spending a fall day at an orchard. It’s also an excellent place for a date, whether it’s the first in a budding romance or the 500th between a loving couple. Are you ready for some football? The college and professional football seasons are now underway, and October is the best month for tailgating. If you have tickets to an upcoming game, consider loading your car with food and drinks and heading to the stadium for a tailgate party. You can bring classic tailgating games like cornhole and horseshoes, just toss around the football, or walk around the area and take in all the sights and sounds. If you’re not into football, you could also tailgate hockey and basketball games, as the NHL and NBA seasons start this month.

However, the tailgating scene at these games will likely be less exciting than at football games. Create some fall classics in the kitchen. Fall is the season of comfort food, so now is your chance to get in the kitchen and cook some of your favorite fall foods. Bake some delicious desserts like pumpkin or apple pie, or if you’re adventurous, try making apple cider doughnuts. Soups, stews, chili, and baked pasta also seem to taste better when we make them in the fall. You can even get the kids involved to make it a family affair. If you have a favorite fall recipe, I’d love to hear about it! Prepare for Halloween! It’s the spooky season, and nobody would blame you for getting into the Halloween spirit. Whether you want to feel the bone-chilling scares of a haunted house, get artistic while carving pumpkins, or

decorate the house so you’re the talk of the neighborhood, there’s no wrong way to prepare for the year’s scariest day! I love fall because there’s so much to do that the entire family will enjoy. I hope you and your loved ones have a happy and safe fall season!

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DISCOVER VIENNA CITY OF DREAMS: FROM SUBLIME MUSIC TO MUSEUMS OF DEATH Piled on the floor and lining the walls of a charnel house beneath St. Stephen’s Cathedral are the skulls and other bones of 11,000 people, according to Atlas Obscura. The Habsburgs created elaborate containers to preserve their embalmed entrails after death. The city’s Crime Museum houses relics of famous murders, including the mummified head of a known killer. Fortunately, the Habsburgs were readers, too. The Austrian National Library, a baroque masterpiece, is home to 2.5 million books. In a Gothic twist, library employees may slip silently in and out of hidden passageways behind the stacks if you watch closely. The city is also noted for its intellectual history. Sigmund Freud lived and worked in Vienna, which led to its nickname, “City of Dreams.” The philosopher Ludwig Wittgenstein also worked in Vienna, where he made many contributions to logic in mathematics and language. On the lighter side, Vienna’s Spanish Riding School offers a unique opportunity to see its famous Lippizaner horses perform dressage. The Imperial Butterfly House is a tropical oasis housing about 400 beautiful insects. Visitors to the “lost garden,” a vast topiary maze at the Habsburgs’ summer palace, can enjoy tales of courtiers frolicking among the web of manicured hedges — not only for playful exploration but also for illicit romance.

If you yearn to visit a European city rich in imperial grandeur, music history, and macabre memorials to death, Vienna is for you. And that odd mix of attractions reflects only a small part of the city’s diversity. This former frontier city of the Roman Empire expanded to become the glittering capital of a great empire for centuries. The Habsburg dynasty’s sponsorship of the arts made Vienna a global center of classical music. Home to Beethoven, Vivaldi, Mozart, Mahler, and Strauss, Vienna hosts frequent performances of classics by these and other composers. The city’s museums, churches, and charnel houses offer macabre tributes to death.

Taken together, these diverse attractions promise travelers to Vienna a visit to remember!

A SEISMIC SHIFT IN THE BALANCE OF POWER The Supreme Court Shakes Up the Administrative State

A Call for Vigilance and Engagement

In a landmark decision sure to reverberate across the nation, the Supreme Court has struck down the longstanding Chevron doctrine, a ruling that significantly curtails the power of federal agencies. This monumental shift in the legal landscape promises to have far-reaching implications, from environmental regulations to health care policies. The Chevron Doctrine Toppled For over four decades, the Chevron doctrine has been the bedrock of federal administrative law, granting agencies the authority to interpret ambiguous statutes they are tasked with enforcing. However, in a 6-3 ruling, the Supreme Court overturned this precedent, calling the doctrine “fundamentally misguided.” This decision marks a dramatic departure from the previous deference afforded to federal agencies, empowering the courts to rely on their own interpretation of the law. Implications Across the Spectrum Environmental regulations, health care costs, and economic policies are just a few domains that will face increased judicial scrutiny, as courts now have the authority to second-guess agency decisions. This shift could lead to more challenges to federal actions, potentially slowing the pace of regulatory changes and altering the balance of power between the branches of government.

Citizens, businesses, and policymakers must closely monitor the implications of this landmark decision. Staying informed and engaged will be key as the courts grapple with the boundaries of federal agency authority. Only

by remaining vigilant and actively participating in the process can we ensure the delicate balance of power is maintained and that people’s needs are effectively addressed. The Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo and its companion case, Relentless, Inc. v. Department of Commerce, has sent shockwaves through the administrative state, fundamentally reshaping the relationship between federal agencies and the courts. This seismic shift will undoubtedly have far-reaching consequences, and it is up to all of us to stay informed, engaged, and ready to navigate the evolving legal landscape.

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NFL’S RECENT ANTITRUST RULING

What Led to the Historic Fine Over Sunday Ticket

NFL Sunday Ticket, also known as Sunday Ticket, is a sports package allowing purchasers to view regular season NFL games not carried by local broadcasts in their area. Sunday Ticket has been around since 1994, with DirecTV offering it exclusively until 2022 when the NFL signed a seven-year, $14 billion deal with Google’s YouTube TV. However, the NFL’s exclusive deals for Sunday Ticket have come at a cost. After a trial in June that lasted just three weeks, a jury in Los Angeles awarded over $4.7 billion in damages to the plaintiffs in an antitrust class-action lawsuit against the NFL.

violated antitrust laws. Not only did the NFL allegedly overcharge both residential and commercial subscribers, but it also removed competition. It forced fans to purchase access to all games rather than offering the ability to purchase only the games they were interested in. For instance, if you are a Philadelphia Eagles fan but live in Florida, your local on-air broadcasts are unlikely to show Eagles games. In that case, if you wanted to watch all the Eagles’ games, you’d have to shell out a good chunk of change to access those games. As of 2024, a subscription to NFL Sunday Ticket costs $449 per year.

The Trial The Mucky Duck sports bar in San Francisco initially filed the suit in 2015; an appeals court dismissed then reinstated the case in 2017 before it became a class-action lawsuit. The lawsuit now covers about

After five hours of deliberation, the jury agreed with the plaintiffs and awarded $4.7 billion in damages to the residential

subscribers and $96 million to the business subscribers. Due to federal antitrust laws, those damages can be tripled.

2.4 million residential subscribers and 48,000 business subscribers.

That means the NFL may be liable for up to $14.39 billion in damages. The NFL has appealed the decision, but if upheld, each NFL team could be forced to pay nearly $450 million in damages.

The plaintiffs alleged that the NFL’s agreement with DirecTV, and now YouTube TV,

TAKE A BREAK

Ultimate Baked Ziti Loaded with rich tomato sauce, gooey cheese, and perfectly cooked pasta, this is a family favorite perfect for any occasion.

Ingredients

• 1 (16 oz) package of dried ziti pasta • 1 onion, diced • 2 cloves garlic, minced • 1 (24 oz) jar marinara sauce

• 1 (14 oz) can diced tomatoes • 1 cup ricotta cheese • 1 cup shredded mozzarella cheese • Salt and pepper, to taste

Directions

1. Preheat oven to 375 F. Grease a 9x13-inch baking dish. 2. Cook ziti according to package instructions. 3. In a large skillet over medium-high heat, cook the onion and garlic until softened. 4. Add marinara sauce and diced tomatoes, stirring to combine. 5. Stir in the cooked ziti and season with salt and pepper. 6. Transfer mixture to baking dish. 7. Top with ricotta and mozzarella cheese and bake for 20 minutes or until the cheese is melted and bubbly.

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Stubbins Watson Bryan & Witucky Co., L.P.A.

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INSIDE THIS ISSUE

Your Ultimate Fall Adventure Awaits!

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Vienna: A Timeless Tapestry of Music and the Macabre Supreme Court Upends Federal Agency Power

2

The NFL’s Massive Antitrust Fine Ultimate Baked Ziti

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Loyal Pup Risks Life to Protect Loved Ones

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FROM RESCUE TO RESCUER PONCHO’S INSPIRING STORY

In a heartwarming story of canine courage, a rescue dog named Poncho emerged as a hero after putting his life on the line to defend his family during a home invasion. The events unfolded on a fateful night in early June when an intruder broke into Poncho’s home in northern New Mexico. Poncho, an 8-year-old rescue pup, sprang into action the moment the intruder entered the home. Without hesitation, the brave dog leaped at the would- be criminal, determined to protect his family at all costs. In the ensuing struggle, Poncho suffered a deep neck wound that miraculously missed his vital organs. But the attack didn’t stop there — the intruder then proceeded to kick Poncho repeatedly.

others could intervene and restrain the criminal. Poncho’s family then embarked on a desperate two-hour journey to Albuquerque, searching for emergency veterinary care. Remarkably, the family ended up at the doorstep of Española Humane, the same rescue organization where they had adopted Poncho. The dedicated staff immediately sprang into action, performing extensive surgery to clean and repair Poncho’s traumatic neck wound. The brave pup stopped breathing at one point, but the veterinary team successfully revived him. Despite his severe injuries, Poncho has steadily regained his strength. His tail never stops wagging, and he responds enthusiastically whenever he hears the words “good boy.” Poncho’s dad

promised him a lifetime of rib-eye steaks to reward his heroic actions.

Poncho’s story is a powerful reminder of the unwavering loyalty and bravery rescue animals can possess. If you’re considering adding a furry friend to your family, consider visiting your local animal shelter or rescue organization. You never know — you might just find your very own guardian angel, just like Poncho’s family did.

Undeterred by his injuries, Poncho managed to hold the intruder at bay until

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