NAIROBI, Kenya, Nov. 29 — The British teacher in Sudan who let her 7-year-old pupils name a class teddy bear Muhammad was found guilty on Thursday of insulting Islam and sentenced to 15 days in jail and deportation.

Under Sudanese law, the teacher, Gillian Gibbons, could have spent six months in jail and been lashed 40 times.

"She got a very light punishment," said Rabie A. Atti, a government spokesman. "Actually, it’s not much of a punishment at all. It should be considered a warning that such acts should not be repeated."

British officials, meanwhile, were furious. As soon as the news broke that Ms. Gibbons had been convicted, the Foreign Office in London, which had called the whole ordeal "an innocent mistake," summoned the Sudanese ambassador — for the second time in two days.

"We are extremely disappointed," said Omar Daair, spokesman for the British Embassy in Khartoum, the capital.

Ms. Gibbons, 54, has been in jail since Sunday, and Mr. Daair said her sentence would include time served, which means she will spend 10 more days behind bars before being sent to Britain.

The case started in September when Ms. Gibbons, who taught at one of Sudan’s most exclusive private schools, began a project on animals and asked her class to suggest a name for a teddy bear. The class voted resoundingly for Muhammad, one of the most common names in the Muslim world and the name of Islam’s holy prophet.

As part of the exercise, Ms. Gibbons told her students to take the bear home, photograph it and write a diary entry about it. The entries were collected in a book called "My Name Is Muhammad." Most of her students were Muslim children from wealthy Sudanese families.

The government said that when some parents saw the book, they complained to the authorities. In Islam, insulting the Prophet Muhammad is a grave offense, and in northern Sudan, where Khartoum is, it is a crime. The government said it was insulting to name an animal or toy Muhammad.

On Thursday, Ms. Gibbons was whisked into a Khartoum courtroom under heavy security. She spent all day there, with the verdict announced after 9 p.m. It was not clear whether she would appeal.

Sudan’s relations with the West — especially Britain — are as strained as ever. Many developed countries are increasingly frustrated with what they consider stalling tactics by the Sudanese to delay the deployment of peacekeepers to Darfur, the troubled region of western Sudan.

Sudan, meanwhile, has accused the West of being anti-Islamic.

Beyond that, on Tuesday, Sir John Sawers, the British representative to the United Nations, criticized the Sudanese government on a number of issues, including the languishing international arrest warrants for a Sudanese official and a militia leader in Darfur.

The next day, the Sudanese government decided to press charges against Ms. Gibbons.

Despite the attempts by Islamic clerics to mobilize the masses against Ms. Gibbons, many Sudanese did not take to the streets.

Najla Hussein, who works at a mobile phone company in Khartoum, said she thought Ms. Gibbons should have been set free.

"Our government creates such problems to divert the eyes of the world community from our domestic problems," Ms. Hussein said. "I am sure that the case of the British teacher is politically motivated and has got nothing to do with our prophet."

COMMENTARY:   Apparently, she could have received a sentence of up to six months and 40 lashes with a whip. Thank heavens for some small measure of sanity in the administration of Sudanese justice.

From: Gary E. Rosenberg, Queens personal injury lawyer

U.N. report says 22 nations at bottom of index are in sub-Saharan Africa

Reuters

updated 8:38 a.m. ET, Tues., Nov. 27, 2007

BRASILIA, Brazil - Iceland has overtaken Norway as the world's most desirable country to live in, according to an annual U.N. table published on Tuesday that again puts AIDS-afflicted sub-Saharan African states at the bottom.

Rich free-market countries dominate the top places, with Iceland, Norway, Australia, Canada and Ireland the first five but the United States slipping to 12th place from eighth last year in the U.N. Human Development Index.

But the index, blending 2005 figures for life expectancy, educational levels and real per capita income, finds that all 22 countries falling into its "low human development" category are in sub-Saharan Africa, with Sierra Leone last.

In 10 of these countries, two children in five will not reach the age of 40, said the compilers at the U.N. Development Program. Last year's report said HIV/AIDS had had a "catastrophic effect" on life expectancy in the region.

The index ranks 175 U.N. member countries plus Hong Kong and the Palestinian territories. It does not include 17 countries, including Iraq, Afghanistan and Somalia, because of inadequate data.

Norway held top spot for 6 years
Norway had held top spot for six years but was edged into second place by Iceland this year because of new life expectancy estimates and updated figures for gross domestic product, or GDP, the report said.

Norway had held top spot for six years but was edged into second place by Iceland this year because of new life expectancy estimates and updated figures for gross domestic product, or GDP, the report said.

U.N. officials played down the significance of minor short-term shifts in the rankings including the slide in the U.S. position. They said if subsequent data for the year in question been available for last year's report, the United States would have been in 10th, not eighth place.

The United States scores high on real per capita GDP, which at $41,890 is second only to that of Luxembourg ($60,228), but less well on life expectancy — joint last in the top 26 countries, along with Denmark and South Korea, at 77.9 years.

Japanese have the longest life expectancy — 82.3 years — and Zambians the lowest, at 40.5.

The report said most countries had seen their human development index rise over the last 30 years, but in 16 it was lower than in 1990, and in three — the Democratic Republic of Congo, Zambia and Zimbabwe — lower than in 1975.

Per capita GDP is 45 times higher in Iceland than in Sierra Leone.

The United Nations has published its human development index every year since 1990.

URL: http://www.msnbc.msn.com/id/21989185/?GT1=10547

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Yellow Barkstrong and Purrstrong collars infringe on trademark, lawsuit says.

By Katie Humphrey;
AMERICAN-STATESMAN STAFF;
Friday, September 14, 2007;

LiveStrong, but don't Barkstrong. Or Purrstrong.

At least not on yellow rubber collars.

The charitable foundation bearing cyclist Lance Armstrong's name has sued an Oklahoma man, alleging that his Animal Charity Collar Group Inc. makes dog and cat collars that too closely resemble the trademark LiveStrong yellow wristbands.

Since 2004, the foundation has sold more than 70 million of the wristbands for $1 each to raise money for cancer research and programs for survivors. The lawsuit claims that, for the Lance Armstrong Foundation, the wristbands are a "principal symbol of its extensive goodwill."

The pet collars, however, "are confusingly similar to, and are likely to cause confusion, mistake or deception" about their origin or affiliation with the Lance Armstrong Foundation, according to the petition filed Tuesday in U.S. District Court in Austin.

The lawsuit claims that Animal Charity Collar Group, a for-profit company, infringes on the foundation's trademarks when it uses the phrases Barkstrong and Purrstrong and features a yellow band.

The foundation wants Animal Charity Collar Group to stop using the phrases, the yellow bands and the Web site barkstrong.net. The lawsuit also seeks to have Animal Charity Collar Group's Purrstrong trademark canceled and the pending application for the Barkstrong trademark canceled, in addition to unspecified monetary damages.

"Naturally, (the Lance Armstrong Foundation) wants to protect its trademarks and prevent them from being diluted," said John Guaragna, a lawyer representing the foundation. "This type of suit is a routine legal matter undertaken by countless organizations who rightly wish to protect their trademarks and intellectual property."

But Chris Ohman, CEO of Animal Charity Collar Group and a defendant in the lawsuit, said that the collars were the company's idea and that the Lance Armstrong Foundation declined to partner on the project when it was launched in 2006 because it was not related to cancer research.

"They were not willing to do anything in the pet industry," Ohman said.

The company based in Tulsa, Okla., manufactures the collars for animal rescue groups, such as the Society for the Prevention of Cruelty to Animals, to sell. It also sells them at barkstrong.net for $4.99.

He said the collars come in four colors — dayglow white, yellow-green, pink and blaze orange — have paw prints embedded on either side of the phrase and glow in the dark. They used to make a flea-and-tick prevention collar, too, but that was too costly for the small company, he said.

"It is not something that could be confused with a bracelet or any other product they have," Ohman said.

khumphrey@statesman.com; 445-3658

Whether the accident is your fault or the other driver's, make sure you go to an appropriate repair shop -- and ask for what you require.

By Kiplinger's Personal Finance Magazine

1. That fender bender will be a major expense. If the accident is your fault and you have the typical $500 deductible for a collision, kiss your money goodbye. A survey of repair shops in the Washington, D.C., area by Consumers' Checkbook, a nonprofit consumer information group, shows that replacing a fender on a 1998 Buick LeSabre can cost as much as $982. A new front bumper on a 2006 Mercedes-Benz E-Class can go as high as $1,350.2. Approved shops are beholden to tightfisted insurers. Auto insurers contract with providers to repair vehicles for a pre-negotiated rate (think of it as managed care for sick cars). And your car could be the victim of cost cutting. Some practices, such as requiring low hourly labor rates and making the shop pick up the rental car tab if a repair takes too long, could tempt shops to cut corners -- by, say, neglecting to align the wheels or using plastic filler in a dent rather than replacing the sheet metal. "Insurers have wired the shops to give them so many discounts that, to stay alive, the shops often do the bare minimum," says Erica Eversman, of Vehicle Information Services, which provides consulting and forensic experts for both insurers and consumers. For a list of independent shops that meet certain quality criteria, go to Assured Performance Collision Care.

3. Not all replacement parts are created equal. Original-equipment manufacturer (OEM) parts are designed to match precisely and may be safer. But insurers prefer that shops use generic or salvage replacement parts because they're cheaper. If you cause an accident, you could be bound by wording in your policy to use aftermarket parts or pay the difference for OEM parts. But if someone hits you, tell the shop to use OEM parts.

Original-equipment manufacturer (OEM) parts are designed to match precisely and may be safer. But insurers prefer that shops use generic or salvage replacement parts because they're cheaper. If you cause an accident, you could be bound by wording in your policy to use aftermarket parts or pay the difference for OEM parts. But if someone hits you, tell the shop to use OEM parts.

4. The due date is most likely fiction. Mechanics routinely blame missed deadlines on delays in parts delivery. The truth is that many of them take on more business than they can handle. Before you commit your business to a shop, check the local Better Business Bureau and government consumer-affairs offices for complaints against it.

Mechanics routinely blame missed deadlines on delays in parts delivery. The truth is that many of them take on more business than they can handle. Before you commit your business to a shop, check the local Better Business Bureau and government consumer-affairs offices for complaints against it.

5. A rented car will cost you. Renting a car for three weeks could cost $1,000 or more. Even if you have optional rental-car insurance (which costs $1 or $2 a month), your daily reimbursement may be limited to the cost of a compact car. If you need a minivan while your car is in the shop, make sure you have minivan-size coverage.

Renting a car for three weeks could cost $1,000 or more. Even if you have optional rental-car insurance (which costs $1 or $2 a month), your daily reimbursement may be limited to the cost of a compact car. If you need a minivan while your car is in the shop, make sure you have minivan-size coverage.

6. Your car needs a shop that speaks its language. Many European cars use aluminum and ultrahard steel that require special equipment to repair. Plus, replacement parts for late-model European vehicles have to be fit with an especially high degree of precision. Shops should be certified by the manufacturer to do the work, meaning they must have specialized training and equipment -- and charge higher rates. Insurers won't necessarily recommend these shops, but they should be willing to pay the tab.

Many European cars use aluminum and ultrahard steel that require special equipment to repair. Plus, replacement parts for late-model European vehicles have to be fit with an especially high degree of precision. Shops should be certified by the manufacturer to do the work, meaning they must have specialized training and equipment -- and charge higher rates. Insurers won't necessarily recommend these shops, but they should be willing to pay the tab.

7. The insurer's warranty isn't all it's cracked up to be. Insurers sometimes dangle warranties on the parts (for as long as you own the vehicle) to entice you to go to shops in their network. But the body shop's guarantee is the one that's important. Nearly all shops will guarantee their work, and parts makers guarantee their parts, making the insurance warranty all but worthless.

Insurers sometimes dangle warranties on the parts (for as long as you own the vehicle) to entice you to go to shops in their network. But the body shop's guarantee is the one that's important. Nearly all shops will guarantee their work, and parts makers guarantee their parts, making the insurance warranty all but worthless.

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

 

 

A list of owners' favorite auto insurance cost-cutting tricks is topped by those who lowball their mileage on insurance applications.

At some insurance companies 60% of the vehicles insured are claimed to commute just three miles a day or less. Such inaccuracies are caught by comparing policy applications against gigantic databases containing motor vehicle records, professional registries, prison addresses, census reports and smog data. In 2005, 17% of cars and trucks racked up more than 20,000 miles, yet owners of only 4% admitted that much driving.

Drivers often try to use a phony address -- for instance, a post office box or a mail drop in a neighborhood less prone to collisions and break-ins. Parents may let grown children use their address rather than pay higher premiums for their big-city addresses.

Another favorite scam is inventing Social Security numbers on applications. If yours, for some reason, reflects poorly on you, you might construct a new set of numbers for the occasion. Not much creativity is required, apparently: The most popular phony Social Security number used is 123-12-3123.

So-called affinity discounts are popular targets, too. Certain groups -- members of the Elks, perhaps, university alumni associations, Costco or the military -- are statistically lower risk than others. Insurers offer discounts accordingly, and car owners may claim membership in clubs where they've never set foot.

Sometimes fraud can be traced back to agents who sell the policies, apparently coaching their customers in hopes of securing their business and offering a lower rate than the competition. One such case involved the discounts some insurers offer for vehicle safety features such as air bags, seat belts, headrests, anti-lock brakes and traction control. Years ago, when air bags and red rear-window safety lights first appeared, an agent sought discounts for them for every vehicle he wrote insurance for. He even had a 1965 Volkswagen with an air bag discount. Of course, there were no air bags on a 1965 Volkswagen.

Commentary: You don’t want to try these tricks. The test of car insurance coverage is after an accident, and the worst feeling is having your insurance coverage questioned or denied after an accident because you schemed to try to save on your insurance premium; your personal assets may be at risk if your coverage is cancelled because of fraud. If for some reason your insurance coverage is denied after an accident, please, please, please don't go it alone but get yourself an experienced accident/personal injury attorney.

You don’t want to try these tricks. The test of car insurance coverage is after an accident, and the worst feeling is having your insurance coverage questioned or denied after an accident because you schemed to try to save on your insurance premium; your personal assets may be at risk if your coverage is cancelled because of fraud. If for some reason your insurance coverage is denied after an accident, please, please, please don't go it alone but get yourself an experienced accident/personal injury attorney.

 

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Big on creativity, small on farming, New Jersey has the most phony applications for farm-use discounts on auto insurance. These kinds of tricks cost insurers $16 billion a year.

New Jersey has the most residents who enjoy illegitimate farm-use discounts on the price of their auto insurance. However, New Jersey has the 11th-smallest farming industry among the 50 states.

Farm discounts -- meant for cars and trucks used for work on farms and ranches -- were attached to, for instance, a BMW Z3, a Chevrolet Camaro, a Ford Focus, a Jaguar XJ6, a Porsche Carrera, a Mazda RX-7 and a Toyota Echo. Erroneous farm discounts were most prevalent in states with high-price auto insurance and are on the rise in New Jersey, Connecticut, Wisconsin and Maryland.

City and suburban drivers claim farm-use discounts for the reduction of 10% to 20% on the cost of their premiums. The industry calls its losses from these customers' creative or erroneous ratings "leakage."

MORE TOMORROW.

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

 

 

New York’s Civil Practice Law and Rules (CPLR) Section 3041 provides for a Bill of Particulars in any lawsuit. A Bill of Particulars sets forth more details about the claim being made (usually the claim that is made by the plaintiff or, in an accident case, the injured person).

CPLR Rule 3043 provides that in a personal injury lawsuit, the defendant may demand of the plaintiff:

The date and time of the accident and its location;

General statement of the claimed acts of negligence;

Questions about notice, where notice of a defective condition applies;

Length of time in bed and house and time out of work;

Expenses for doctors, lost wages, hospitals and such.

Demanding and serving a Bill of Particulars is fairly routine and occurs in 99% of accident cases. However, most defense law firms also ask that the Bill of Particulars provide the plaintiff’s address, date of birth and social security number. Plaintiff’s law firms routinely provide this information in their client’s Bill of Particulars and mail it to the defense law firm.

My main concern is not that someone in a defense law firm may see this information in a Bill of Particulars.

However, while a Bill of Particulars is not routinely filed in the courthouse or with the court, if there is some kind of motion or request made to a judge for relief, the Bill of Particulars may end up in the courthouse file as part of the paperwork, where it becomes a public record for anyone to see. This does concern me, as my client’s personal information may pass through the hands of, and be accessible to, many strangers -- not just court personnel, but members of the public as well.

I’ve found a simple solution. I send the plaintiff’s social security number and date of birth in a separate cover letter with the Bill of Particulars, where that information is unlikely to ever end up before the Court or in the courthouse file. Thus is client confidentiality preserved and potential identity theft avoided.

From: Gary E. Rosenberg (personal injury and accident attorney and lawyer serving Brooklyn-Queens-Bronx)

Bronx Toddler Recovering After Fall From Window;

November 23, 2007 -

A one-year-old boy is recovering after falling from an apartment window in the Bronx Thursday afternoon.

Officials at Lincoln Hospital say Bradley Priebe is in stable condition.

His father says the child tumbled from a third-floor window in his aunt's apartment on Carroll Place in Concourse just before 5 p.m. The family says they thought the window was closed.

Police say the child fell about 20 feet onto the roof of a music store next door. The baby's father told police that his son was not seriously injured in the fall.

From: www.ny1.com

My opinion: Lucky that the boy was not badly hurt. New York City law requires window guards in all apartments where children under ten years of age reside. If the child lived at his aunt’s apartment or visited regularly then the apartment should have had window guards to prevent a tumble out of a window. It is up to the landlord to inquire, and the tenant to answer truthfully to the landlord, about the presence of small children in a N.Y.C. apartment.

From: Gary E. Rosenberg [personal injury/accident lawyer/attorney (Bronx-Brooklyn-Queens)]

A man who never finished college passed himself off as a Harvard Law School graduate and bilked clients out of more than $50,000, Broward County, Florida., authorities said recently.

Robert Brady, 26, was charged with six counts of unlicensed practice of law and organized fraud, according to the sheriff's office. He was being held at the Broward County main jail on $350,000 bond.

Authorities said Brady posed as an attorney and collected retainer fees and other payments from clients that included respected lawyers, corporate executives and a physician. He even attended a Republican fundraiser for presidential candidate Fred Thompson recently and introduced himself as an attorney, authorities said in a statement.

Brady's previous arrests include grand theft and uttering a forged instrument.

Brady's defense attorney, Lawrence Livoti, said Brady is a Harvard undergraduate who told people he worked for the law firm of his ex-stepfather.

"This is not a question of somebody working out of a warehouse with a desk and a lamp and a law book on his table. He dealt with clients, he was a consultant to land use and zoning," Livoti told the South Florida Sun-Sentinel. "If people misunderstood that, that's regrettable."

Information from: South Florida Sun-Sentinel,

My opinion: That’s his excuse?

From: Gary E. Rosenberg

[Personal Injury Lawyer/Accident Attorney (Brooklyn-Queens-Bronx)]

QUEENS REAL ESTATE APPRAISAL FIRM AND OWNER charged in a 397-count indictment last week with identity theft of real estate appraisers (found over the Internet) and inflating property appraisals to cheat mortgage lenders.

Queens County District Attorney Brown said that, according to the indictment, Donato Odato, as the chief executive officer of D & T National Appraisals, Inc., recruited licensed appraisers over the Internet and offered them positions with his company as part of a ruse to steal their personal identity information. Thereafter, it is alleged he would forge the names of the prospective job seekers on numerous appraisals that he filed in connection with residential mortgage applications.

The alleged scheme came to light when financial institutions began reaching out to the appraisers who allegedly had their identities stolen and advised them that their services would no longer be needed due to their inappropriate and highly inflated valuations of properties based on falsified data. The appraisers, in turn, contacted the Queens District Attorney’s Office to report the identity theft.

(It should be noted that an indictment is merely an accusation and that a defendant is presumed innocent until proven guilty.

So Dear Readers we see a double-whammy:  identity theft and a real estate mortgage fraud scheme

For more about this scam, go to: http://www.mortgagefraudblog.com 

Attorney Harold Meyerson was punished recently by the lawyers’ Department Disciplinary Committee.

Types of official lawyer punishment:

He received a "public censure." This is the lightest form of public punishment that an attorney can receive. It means that the public can hear about it and say "tsk, tsk" or "shame, shame." Lighter punishments than public censure are private censure and admonishment. On the "heavier" side are license suspensions and disbarment, which interrupt the attorney’s right to practice law.

Facts:

Meyerson’s misconduct occurred during a five-month period of time in the early part of 2003. During that time, his solo practice consisted of a high volume of personal injury matters, matrimonial and criminal defense cases, and general business litigation.

He admitted that he paid Emil Izrailov a sum of money for referring clients to him who had been involved in motor vehicle accidents and who were receiving treatment from I.K. Medical, PC, a clinic run by Izrailov.

He paid Izrailov’s clinic $800 for a narrative medical report of any patient referred to him by the clinic whom he accepted as a client. These reports were prepared by a physician and described the client’s injuries, related those injuries to the accident, and set forth the course of treatment and prognosis.

Meyerson testified that providing these reports to the insurance carrier in the early stages of settlement negotiation process usually resulted in early and favorable results for his clients. He also stated that if he referred any client to the clinic, there was no charge for the narrative medical report.

Between February and June 2003, Meyerson paid for approximately eleven narrative reports and referred two clients to the clinic who were not charged when he ordered their narrative reports. Two of the 11 clients for whom Meyerson purchased narrative reports did not continue treatment with Izrailov and decided against pursuing lawsuits. Izrailov refunded the cost of those reports.

Meyerson denied paying Izrailov any money other than for the cost of the reports and believed that it would be necessary to purchase these reports at some point in the litigation in order to pursue settlement negotiations on behalf of his clients. While acknowledging that this type of arrangement could be viewed as an improper exchange, he claimed not to appreciate that fact at the time. In fact, he believed it was beneficial to his existing clients because they would receive free narrative reports if he referred them for treatment to one of Izrailov’s clinics. During the 5 month period in question, he estimated that he was retained by approximately 30 patients referred by Izrailov. He resigned from these cases after his arrest to avoid what he believed to be a potential conflict of interest.

The Disciplinary Panel noted that, unlike those situations where attorneys paid money to the solicitor for each client referred, Meyerson agreed to purchase a narrative report in exchange for each referral that resulted in his retention. The Panel went on to note that the "evidence is compelling that the clients needed these reports in order to pursue their claims and would, in any event, have had to purchase them from another provider, if not Izrailov."

Significantly, the Panel found that the $800 paid for each report was "the market price for such reports at the time." Noting the "unusual aspects" of this arrangement, including the fact that these reports would be provided free of charge if an existing client sought treatment from Izrailov’s clinic, thus benefitting the client, the Panel found Meyerson’s arrangement to be qualitatively different from the classic solicitation scenario.

While Meyerson, a 61-year old experienced attorney should have known that his arrangement with the clinic for client referrals under the apparent guise of paying for narrative reports was unethical and illegal, he expressed genuine remorse for his misconduct and testified that he has essentially stopped practicing law until the conclusion of these proceedings.

The Panel also said: Moreover, this matter is distinguishable from Matter of Ehrlich, [252 AD2d 73 (1998)], where the attorney paid a hospital employee to solicit clients for him by handing out Ehrlich’s business card to patients. The respondent in Ehrlich obtained 30 clients over a two-year period as a result of this arrangement and terminated the scheme because of the "low monetary value of the cases." In confirming the recommendations of a three-month suspension, we noted that Ehrlich only ended his scheme because it was unprofitable, only began cooperating after being caught, and nearly three dozen instances of solicitation were involved during the two-year period.

Here, Meyerson testified that he did not think he was harming his clients by paying for the narrative reports that he ultimately needed in order to settle their claims expeditiously, and the Hearing Panel found he had provided truthful testimony.

My opinion:

Meyerson got off easy. What he did was not "qualitatively different from the classic solicitation scenario." Meyerson probably got a light punishment because of his age and clean record; also he hired as his attorney a former employee of the lawyers’ Department Disciplinary Committee. He was also smart in admitting his misconduct and withdrawing from the improperly obtained cases.

I believe the Panel was incorrect in finding that $800 was the usual price for narrative medical reports, especially since doctors usually prepare them anyway, and send them to automobile insurance carriers at no charge in order to be paid for treating car accident victims. Literally, all that Izrailov’s clinic had to do was change the name of the recipient of the report – hardly worth $800. And $800 is rather high for any medical reports, they tend to go for $300 to $500, although they can cost as much as $1,000 for a report by a medical specialist.

And what about the business of refunding the price of the report for clients who dropped their cases? That’s a dead-on admission that the reports were over-paid for to buy clients, otherwise, if Izrailov’s clinic did $800 worth of work producing a narrative report, why refund the money?

If you're intersted in lawyer misdeeds, you may want to go to my web site www.GreatLegalBooks.com and order my free book:  "Good Lawyers Don't Call You First."  Also, keep checking this blog for future reports on lawyers who get caught with their hands in the cookie jar.  They give the legal profession a bad name.

I had a talk with my dentist recently and he told me about his uncle who had dental implants and at the implant sites suffers from ONJ (osteonecrosis of the jaw) – the patient’s jaw bone disintegrates – known as jaw death.

There have been reports of ONJ in cancer patients whose treatment includes biophosphonates.

Brand names for common biophosphonates include: Aredia, Fosamax, Zometa, Boniva and Actonel.

These drugs are commonly prescribed to prevent bone loss and osteoporosis due to steroid use, bone cancer and other bone diseases.

Signs and symptoms of ONJ: localized jaw pain, gum swelling, inflammation, loosening of previously stable teeth, and exposed bone. These symptoms most commonly occur at the site of previous tooth extraction or other dental surgical interventions.

Other possible causes of ONJ: chemotherapy, cancer, infections, smoking and others.

Lawsuits have been filed against the pharmaceutical firms responsible for making and selling biophosphonates.

Commentary: When they found one of the world's largest oil spills beneath New York City, state, federal, and oil company officials did the only logical thing: They passed the buck.

For years an oil spill has been expanding in Newtown Creek, between Brooklyn and Queens.  Estimates are that there are between 17 million and 30 million gallons of oil -- more than 50 percent larger than the Exxon Valdez Alaska oil spill. No governmental agency wants to force a clean-up by tangling with the oil companies believed responsible (ExxonMobil? BP? Chevron?). See the article in the September/October 2007 issue of Mother Jones magazine.

 

 

If Contra Costa Superior Court Judge Barbara Zuniga isn’t prepared to handle arguments, she doesn’t try to sugarcoat the reasons why. She just tells it like it is.

In a tentative ruling filed late last month, the law-and-motion judge postponed a hearing on four defense motions in the same case, explaining that she needed “a lot more time” to get ready.

Three weeks later, when Zuniga again had to postpone a hearing on the case, she offered a more detailed — and entertaining — explanation:

1. COURT APOLOGIZES TO COUNSEL.
2. COURT NEEDS TO PUT THIS OVER ONE MORE TIME.
3. COURT JUST RETURNED FROM A CONFERENCE IN PHILADELPHIA. HOWEVER, LUGGAGE WITH MOTION PAPERS AND COURT’S NOTES STAYED IN PHILADELPHIA.
4. LUGGAGE WAS DELIVERED TOO LATE FOR COURT TO COMPLETE TENTATIVE.
5. MOTION CONTINUED TO NOVEMBER 21, 2007.

An insurance defense lawyer said he burst out laughing when he spotted Zuniga’s tentative ruling while looking for information about a different case. At the same time, “you can’t help but feel a little sympathy,” he said.

A disbarred lawyer pleaded guilty on October 30, 2007 in Manhattan to stealing $148,000 from at least 20 clients. The ex-lawyer, Richard Boter, has agreed to a sentence of at least one year in prison and to pay $160,000 in restitution and forfeiture, according to the Manhattan District Attorney’s Office.

Mr. Boter was the twelfth attorney to be netted by that office’s probe into the use of "runners" by personal injury lawyers to bribe hospital employees to gain access to potential clients. Mr Boter had purchased cases from various runners, at least one of whom had bribed hospital employees to gain confidential information about patients. To date, the 12 lawyers caught in the investigation have agreed to pay restitution or forfeiture of$1.7 million.

With regard to Mr. Boter, who was disbarred last month, the District Attorney's office said he had stolen client funds by keeping their share of settlement proceeds. He was able to do that by settling cases without his clients' permission and then forging their signatures on release forms forwarded to insurance companies to obtain the release of the settlement funds, the office said.

This is not a terribly smart way to steal, since in New York State insurance companies are required to mail letters directly to an injured person settling a claim, telling the injured person that a settlement check is being mailed to his or her attorney, and giving the amount of the check.  A copy of this letter is also sent to the injured persons's lawyer.  This makes Mr. Boter's crime particularly stupid and unlikely to be attempted by other lawyers.  I hope.

Sidewalk trip and fall cases aren’t all they were once cracked up to be. The number of claims filed against the City of New York has dropped dramatically over the past years, a phenomena alternately credited on good law – and good luck.

In fiscal year 2007 there were 2,536 claims filed against the City for personal injuries related to broken sidewalks – the lowest number in a decade, according to preliminary numbers from the City Comptroller’s office.

In the prior fiscal year there were 2,729 claims, the year before that 2,876 claims, and in fiscal year 2004, 3,229.

The City attributes the declining number to a 2003 law change making property owners responsible for their sidewalks instead of the City.

The change has led to fewer claims being filed, as well as the dismissal of 1,226 claims this year.

"Trade your way to the top"

Who says dreams don’t come true? Kyle MacDonald, a 26-year old Canadian is proof positive that with a little thought and ingenuity anything is possible. Like most of us Kyle had a dream to own a house, but found this task daunting since he was unemployed. With no steady income or means of generating thousands of dollars, MacDonald could only rely on his wit and determination. He developed a plan that most people would consider ludicrous. Instead of trying to raise money or find a job, he decided to barter his way to a new home. What did he choose to barter? A single red paper clip. He placed an ad on CraigsList stating his goal of obtaining a house. His first trade happened almost immediately, when a pair of young women offered him a fish-shaped pen for his paper clip. One year and 14 trades later MacDonald traded a movie role to the town of Kipling, Saskatchewan, who offered him a two-storey farm house.

July 14, 2005	Paperclip for Fish-shaped pen
July 14, 2005	Pen for hand-sculpted door knob
July 25, 2005	Door knob for Coleman camp stove
September 24, 2005	Camp stove for a Honda generator
November 16, 2005	Camp stove for empty keg and neon Budweiser sign
December 8, 2005	Empty keg & Budweiser sign for Ski-doo snowmobile
The week of 12/08/05	Snowmobile for two-person trip to British Columbia
January 7, 2006	Trip to B.C. for a Cube van
February 22, 2006	Cube van for recording contract with Metal Works
April 11, 2006	Recording contract for one year’s rent
April 26, 2006	One year’s rent for an afternoon with Alice Cooper
May 26, 2006	An afternoon with Alice Cooper for a KISS snow globe
June 2, 2006	KISS snow globe for a role in the film "Donna on Demand"
July 5, 2006	Movie role for a two-storey farm house

On June 28^th 2007 he released a book title One Red Paperclip chronicling his adventures. After MacDonald no will ever look at a paperclip the same.

Large Wall Street investment companies have been buying nursing homes in recent years. As such investors have acquired nursing homes, they frequently cut expenses, book increased profits, and quickly flip the facilities to new owners. Sometimes these service cuts cause the level of case at homes owned by private investors to dip below minmum legal requirements. Residents of such cut-rate facilities may suffer increased incidents of depression, loss of mobility, loss of ability to dress and bathe themselves, and more bedsores and easily preventable infections.

Usually, the first thing new owners do is lay off nurses and other staff responsible for patient care and safety.

In the past, the families of suffering residents might sue. This is no longer an easy solution, however, because the complex legal structures of private investor/owners makes it hard to determine who really owns, and who is responsible for staffing, a particular facility.

These Byzantine structures often unjustly protect investors who profit while patient care declines.