Tuesday, June 26, 2007

Judge's $54 Million Pants Suit Folds

We previously reported on U.S. Judge Roy Pearson's ludicrous $54 million dry cleaning lawsuit.

Today, Yahoo! News reports that this sensational case of cases has been dismissed:

WASHINGTON - A judge ruled Monday that no pair of pants is worth $54 million, rejecting a lawsuit that took a dry cleaner's promise of "Satisfaction Guaranteed" to its most litigious extreme.

Roy L. Pearson became a worldwide symbol of legal abuse by seeking jackpot justice from a simple complaint — that a neighborhood dry cleaners lost the pants from a new suit and tried to give him a pair that were not his.

His claim, reduced from $67 million, was based on a strict interpretation of the city's consumer protection law — which imposes fines of $1,500 per violation, per day — as well as damages for inconvenience, mental anguish and attorney's fees for representing himself.

But District of Columbia Superior Court Judge Judith Bartnoff ruled that the owners of Custom Cleaners did not violate the consumer protection law by failing to live up to Pearson's expectations of the "Satisfaction Guaranteed" sign once displayed in the store window.

"A reasonable consumer would not interpret 'Satisfaction Guaranteed' to mean that a merchant is required to satisfy a customer's unreasonable demands," the judge wrote.

Bartnoff wrote that Pearson, an administrative law judge, also failed to prove that the pants the dry cleaner tried to return were not the pants he took in.

Bartnoff ordered Pearson to pay clerical court costs of about $1,000 to defendants Soo Chung, Jin Nam Chung and Ki Y. Chung. A motion to recover the Chungs' tens of thousands of dollars in attorney fees will be considered later.


- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Saturday, June 23, 2007

Texas Frozen Embryo Custody Case to be Appealed

This interesting case, reported at Fox News:

AUSTIN, Texas — She got the house and he got the Honda. The problem in Augusta and Randy Roman's divorce came over the little things -- the really little things. Frozen embryos that they once hoped would bring them children. Augusta Roman wants to keep the embryos and try to have a baby. Randy Roman wants them destroyed, or at least kept frozen.

The case of Roman vs. Roman now before the Texas Supreme Court pits her right to have children using the embryos against his right not to have children.

"These are my children," said Augusta, 45. "This is my last chance at being a biological mom."

...A Houston trial court ordered the embryos turned over to Augusta. Randy appealed and won. The case is now before the state Supreme Court, but arguments have not yet been scheduled.

A key piece of evidence is a consent form both signed on March 27, 2002, that said the embryos would be discarded in the case of divorce.

Randy argues the form is binding. Augusta's attorney, Becky Reitz, says Augusta signed it believing she would get to try embryo implantation at least once.

So far, six states and the European Court of Human Rights have ruled in similar embryo custody battles. They have generally upheld the rights of the ex-spouse who does not want to procreate, said David Meyer, a law professor at the University of Illinois and expert in family and constitutional law.

But because such issues are still relatively new, a court may find a way to rule for the person who wants the child. "The law is really still developing," Meyer said.

(h/t -Sandra Bekhor for pointing me to this story)
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Quote of the Day

Digby, on the conservative mind:

Of course, the neocons barely mentioned terrorism prior to 9/11, obsessed as they were with Israeli politics, China, Iraq and North Korea, but after the attacks they suddenly discovered that this had been the animating feature of global politics for decades.

But I don't think we are talking about policy at all. We are talking about psychology. And it isn't confined to the neocons, although they gave this psychology an intellectual veneer. The conservatives generally, evidently including members of the top military brass, seem to be driven by a primitive fear not of attack or physical violence, but of humiliation. This is what makes them tick and it's the essence of what's gone wrong since 9/11.

Terrorism is a tactic for spreading fear, to be sure, but because it is an elusive, nettlesome sort of warfare, it's also quite effective at tweaking the massive egos of these manly western warriors who seem to have extreme difficulty dealing with the juvenile taunts and sophomoric trash talk that characterizes so much of the Islamic extremist rhetoric. I get why the extremists do it --- chest pounding rhetoric is all they have. But it is unworthy and counterproductive for a great nation to play their game. Yet from the moment George W. Bush stood on that rubble and shouted puerile threats into the bullhorn like the high school cheerleader he was, that's exactly the game we've been playing. The invasion of Iraq was just a massive exercise in preening, unctuous, muscle flexing.

- Garry J. Wise, Toronto

Visit our Website: http://www.wiselaw.net/

Harper on Kyoto: "This government has no intention of adopting measures that would be harmful to the Canadian economy and to jobs."

Kyoto - on its deathbed in Canada.

CTV News has the story:

OTTAWA -- Prime Minister Stephen Harper says it is constitutionally impossible for the government to comply with a newly passed law requiring Canada to respect its emissions-cutting commitments under the Kyoto Protocol.

Harper's remarks set the stage for a summer debate, and possibly a court challenge, over whether the government is flouting the will of Parliament.

The private members' bill, introduced by Liberal MP Pablo Rodriguez, gives the government 60 days toprepare a climate plan with measures to ensure that Canada meet its obligations under the Kyoto treaty. These include a six per cent cut in greenhouse gas emissions from 1990 levels by 2012.

Speaking shortly after the bill received royal assent, Harper suggested the bill is invalid because it is not a money bill, yet would involve large expenditures.

"There are strict constitutional limits which decide what you can do with such a bill," he said. "It could impose enormous costs on the Canadian government or on the economy. It's impossible constitutionally.

"This government has no intention of adopting measures that would be harmful to the Canadian economy and to jobs."

- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Toronto's Least-Favourite Lawyer?

According to his official biography:
  • He played four professional seasons at the American Hockey League level with the Montreal Canadiens and Ottawa Senators organizations.
  • He was an assistant captain of the 1992 Fredericton Canadiens that won the AHL regular season championship, and was named the team’s “unsung hero” in consecutive years (1991, 1992).
  • He played his college hockey at Providence College where he served as an assistant captain, was an Academic All-American and graduated Magna Cum Laude with a degree in Business Administration in 1989
  • He graduated Cum Laude with the degree of juris doctor from the Suffolk University Law School and was admitted to the Massachusetts State Bar in 1996.

The NHL playoffs are over.

The Stanley Cup has convincingly been won.

Sidney Crosby has been anointed.

And for me, this is the time of year when the real hockey season starts.

The jockeying, maneuvering, trading. The bidding, negotiating, signing and lamenting....

The high hopes and the big ones that get away.

And, best of all, the inevitable recriminations.

Now of course I don't really know if he is actually Toronto's least favourite lawyer. My hunch however, is that if polls were conducted, JFJ's approval ratings might look a lot like GWB's.

(In fact, as underachieving sons of very famous fathers, Jr. and W. might indeed have quite a bit to talk about...)

This, of course, is the make it or break it year for Toronto Maple Leafs General Manager, John Ferguson Jr.

And today, on NHL draft day, the Toronto media is already piling on.

As an example, see this from Steve Simmons of the Toronto Sun:

Learning to lie is part of being an NHL general manager. Doing it for public consumption at a time when your credibility is in disrepute is a questionable practice at best. Ferguson's job as general manager is to make the Leafs better, today and tomorrow.

But his dubious management of the salary cap, his constant parting with draft picks -- three first-round picks and three second-round picks in four years -- with only two goalies (only one can play at once) and a highly doubtful $2-million winger to show for it -- isn't exactly awe inspiring.

But honestly, we've come to expect nothing more than uninspired choices from a general manager who manages like his contract has run out, when only his credibility has.

The Toronto Star's Damien Cox follows suit:

If there is architectural brilliance here, it is truly elusive.

Instead, Ferguson has created the perception that he has abandoned a long-term vision in favour of taking a stab at some degree of short-term success.

His employers have dangled the possibility of a contract extension in front of him, maybe gone as far as to guarantee it to him, but have yet to actually offer him a new contract.

So blame Ferguson, if you want, for throwing the future out the window here.

But blame the laughable leaders of MLSE even more for putting its hockey manager in a completely untenable position, essentially forcing him to sacrifice everything to take a run at eighth place in the Eastern Conference next season.

Sounds like it might be a long season for Toronto's least favourite lawyer.

Or perhaps, might it be over for him by the All-Star break...?

Let the games begin.

- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Meet the British Playfoots: Of 'Purity' Rings and Human Rights

In my mind, the history of human rights advocacy in the West is unshakably associated with the protection of minority interests.

Most readers will likely reflect on the significant progress made in our own lifetimes in protecting minorities against discrimination based on religion, race, gender, disability and sexual orientation.

An assortment of political heroes will also come to mind - the leaders on the vanguard who pushed society forward - gently and not-so-gently - JFK, Martin Luther King, RFK, Betty Friedan, our own Pierre Elliott Trudeau - even Magic Johnson in his own way.

So, as a starting point, before we meet the Playfoots, I will acknowledge that it is for me generally disconcerting when I encounter stories which feature individuals of the Christian majority employing the courts to combat what they claim is institutional religious discrimination.
Often, their logic is at least immediately tempting (if not instantly convincing), with market-researched talking points elegantly spun in the language of the plainly oppressed.

The tyranny of the minority has apparently now arisen.

In this mindset, preventing educators from teaching Darwin and evolution is not about good or bad science - it is about religious freedom. The "balanced approach" of giving Adam and Eve equal billing is articulated as "surely not too much to ask."

Similarly, the self-proclaimed casualties in the annual War on Christmas do not position themselves as advocating for an era in which "secular" Christmas symbols must be found on virtually every corner of the public, urban landscape, irrespective of the sensitivites of others or the traditional separation of church and state.

Rather, they position themselves as fighting the oppression of their expression rights, an oppression that can apparently be remedied only with Christmas trees, seasonal messages and nativity scenes prominently displayed at public premises - side by side, presumably, with the permanent Ten Commandments sculptures they also argue must, as a matter of civil rights, be the architectural centrepieces of courthouses, government buildings and community centres everywhere.

In my mind, there is a rather huge and easy distinction between the objectives of what bloggers have labelled the Christianist Movement and the legitimate goals of traditional minority advocacy.

The War on Christmas crowd fight to keep Christian symbols central in our public square. Minorities have traditionally had to fight their institutional exclusion from that square.
Historically, it hasn't been too difficult to figure out which side the fabled angels have been on in these questions.
But sometimes, I start to think the Christianists might really have a point, as was my first reaction to the British case below from Reuters via Yahoo! News:

A teenage schoolgirl will appeal to the High Court on Friday to overturn a ban on her wearing a "purity ring" at school to symbolize her decision to abstain from sex before marriage.

Lydia Playfoot, 16, from West Sussex, says the silver ring is an expression of her faith and should be exempt from the school's rules on wearing jewellery.

"It is really important to me because in the Bible it says we should do this," she told BBC radio. "Muslims are allowed to wear headscarves and other faiths can wear bangles and other types of jewellery. It feels like Christians are being discriminated against."

Playfoot's lawyers will argue that her right to express religious belief is upheld by the Human Rights Act.

Lydia's father, Phil Playfoot, said his daughter's case was part of a wider cultural trend towards Christians being "silenced."

"What I would describe as a secular fundamentalism is coming to the fore, which really wants to silence certain beliefs, and Christian views in particular," he said.

How can a small ring on the finger of a teenage girl be so big an issue that a school must take action? It doesn't make sense.
I presume the school policy is calculated simply to eliminate austentatious displays of wealth and glamour from its corridors. But still, it's only a ring..
Then, however, I read the "fine print" in this story:
Lydia Playfoot's parents help run the British arm of the American campaign group the Silver Ring Thing, which promotes abstinence among young people.
And I caught on.
So here's my question:
Is this really a case about "silencing beliefs," to use Mr. Playfoot's words?
Or is this an example of extremist parents using their child as a pawn in a campaign to promote their personal politico-religious agendas, via the Courts?
Perhaps this BBC story on the same case, (with a great deal of additional background not in the Reuters version), will illuminate:

But headteacher Leon Nettley, said the school was applying a basic uniform policy, which "has the overwhelming support of pupils and parents".

He said her ring was "not a Christian symbol, and is not required to be worn by any branch within Christianity", adding that Lydia was free to display her faith in other ways.

Lawyers for the school will insist that it is not operating a discriminatory policy because allowances made for Sikhs and Muslims only occur for items integral to their religious beliefs.

It argues that a Christian pupil would be allowed to wear a crucifix.

In freely choosing the school, lawyers will also say that Miss Playfoot and her parents voluntarily accepted to adhere to the uniform code.

So a crucifix is not prohibited by the dress code - just jewellery, with exceptions to this rule for true religious symbols.
And when they enrolled Lydia in this private school, the parents signed a contract agreeing to abide by the school's uniform policy.
That doesn't sound so much like discrimination to me, any more.
So why is this case in court at all? I wondered.
Then, finally, it all became clear to me...

...But her father Phil, who is a pastor, said she wanted to pursue the case because of its wider significance for all Christians.

"I think there's something bigger at stake here," he said.

... The case is being funded through individual donations gathered through the LCF's sister group Christian Concern for our Nation.

Personally I'd like to hear what young, Lydia Playfoot has to say about all this in a few years.
For now, it's pretty clear to me that this case is about the parents' agendas, not their child's rights or best interests.
And on that note, I am not sure of the wisdom of setting one's daughter up at age 16 as an international poster-child for virginity and abstinence.
Sometimes, I am convinced religious dogma is to psychotherapy as candy is to dentistry.
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/
Addendum:
This excerpt below from the comments section of another thorough article on the Playfoots at Christiantoday.com, adds a further, interesting viewpoint:

I am a committed Christian and its great that this girl and her friends want to wear her ring but it does not symbolise her Christianity like a veil symbolises a Muslim's faith or a bangle represents a Hindu's beliefs. I think her parents should not have supported her because she appears to be stubbornly wanting her own way - to stick it to the teachers - under the guise of the ring being so important. I've seen it happen over and over again - I'm a teacher in NZ. Its not the issue - its the issue of getting her own way.

Ingrid, Auckland NZ

Guantanamo hearings flawed: Army Officer

From MSNBC.com:

An Army officer with a key role in the U.S. military hearings at Guantanamo
Bay says they relied on vague and incomplete intelligence and were pressured to declare detainees “enemy combatants,” often without any specific evidence.

His affidavit, released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.

Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only “generic” material that didn’t hold up to the most basic legal challenges.

..."What were purported to be specific statements of fact lacked even the most fundamental earmarks of objectively credible evidence."
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Thursday, June 21, 2007

The Conrad Black Trial

With closing arguments now wrapping up, the three-month trial of Canadian media magnate Conrad Black is drawing to a close in Chicago.
Black faces numerous charges of fraud, obstruction of justice and racketeering in connection with his role as CEO of Hollinger International.
Those looking for a primer as to the charges against Black and the factual defences he has raised will find a good summary here and extensive coverage here from CBC News.
Also worth checking out is Toronto Life, which has a running blog of Black trial observations and commentary, tagged as a "daily digest of courtroom activity for avid observers."

- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

More Judge Seidlin

Associated Press reports today that Judge Larry Seidlin (of Anna Nicole Smith reknown) may soon be coming to you via a TV screen in your own home:

The crying judge in the Anna Nicole Smith case is developing a court show expected to debut on television next year.

The story in Broadcasting and Cable came one day after it was announced that Larry Seidlin would resign as a judge by the end of July.

Broadcasting and Cable reports that Seidlin will tape a pilot next month in Los Angeles.

He'll be working with the same company that's responsible for the top two court shows, Judge Judy and Judge Joe Brown.
-Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Wednesday, June 20, 2007

Deportation in Store for Missing Soldier's Wife?

Unfathomably, CBS News is reporting that the wife of kidnapped US soldier, Army Spec. Alex Jiminez, faces deportation, even as the search for her missing husband continues:

While the U.S. military searches for a soldier missing in Iraq, kidnapped by insurgents possibly allied with al Qaeda, his wife back home in Massachusetts may be deported by the U.S. government.

Army Spec. Alex Jimenez, who has been missing since his unit was attacked by insurgents in Iraq on May 12, had petitioned for a green card for his wife, Yaderlin Hiraldo, whom he married in 2004.

Their attorney, Matthew Kolken, said 23-year-old Hiraldo illegally entered the United States in 2001 to reunite with her husband, whom she had met in her native Dominican Republic and later married at his New York State Army base in 2004.

Her husband's request for a green card and legal residence status for his wife alerted authorities to her status, Kolken said.

She now faces deportation, reports CBS station WBZ correspondent Beth Germano, and would be barred from applying for a green card for 10 years.

It is hard to imagine a more colossal, bureaucratic bungling than this.
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Tuesday, June 19, 2007

Saturday at the Creation Museum

A narrated "tour" of Ken Ham’s Creationism Museum in Kentucky, as documented by Kentucky blogger, Blue Grass Roots:

Early in the museum, the visitor is given advice on the proper mind frame to have for your visit: “Don’t think, just listen and believe.”

... Human Reason is the enemy and God’s Word is the hero.

Judge for yourself.
- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Mildred Loving - 40 Years Later

I will begin this post with a brief backgrounder from Wikipedia:


Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights case in which the United States Supreme Court declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby ending all race-based legal restrictions on marriage in the United States.
And, now 40 years later, Mildred Loving's recent statement, in full:

Loving for All
By Mildred Loving*

Prepared for Delivery on June 12, 2007,The 40th Anniversary of the Loving vs. Virginia Announcement

When my late husband, Richard, and I got married in Washington, DC in 1958, it wasn’t to make a political statement or start a fight. We were in love, and we wanted to be married.

We didn’t get married in Washington because we wanted to marry there. We did it there because the government wouldn’t allow us to marry back home in Virginia where we grew up, where we met, where we fell in love, and where we wanted to be together and build our family. You see, I am a woman of color and Richard was white, and at that time people believed it was okay to keep us from marrying because of their ideas of who should marry whom.

When Richard and I came back to our home in Virginia, happily married, we had no intention of battling over the law. We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is?

Not long after our wedding, we were awakened in the middle of the night in our own bedroom by deputy sheriffs and actually arrested for the “crime” of marrying the wrong kind of person. Our marriage certificate was hanging on the wall above the bed. The state prosecuted Richard and me, and after we were found guilty, the judge declared: “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.” He sentenced us to a year in prison, but offered to suspend the sentence if we left our home in Virginia for 25 years exile.

We left, and got a lawyer. Richard and I had to fight, but still were not fighting for a cause. We were fighting for our love.

Though it turned out we had to fight, happily Richard and I didn’t have to fight alone. Thanks to groups like the ACLU and the NAACP Legal Defense & Education Fund, and so many good people around the country willing to speak up, we took our case for the freedom to marry all the way to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court ruled unanimously that, “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men,” a “basic civil right.”

My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights.

I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.

(h/t - Positive Liberty via Andrew Sullivan)
Quite a remarkable story, and a perspective well worth listening to, as our current era's same-sex marriage debate draws toward its own similarly overdue, and well-deserved sunset.
- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net/family.html

Thursday, June 14, 2007

Andrew Sullivan on the Republican Propaganda Machine

Andrew Sullivan once again hits the nail on the head.

I don't often do this, but I am reproducing his entire post below:

The Unseriousness of the "Pro-War" Right
13 Jun 2007 12:33 pm

Is this truly
the consensus on the Bush-Cheney right? Money quote:

Most Americans will not see a connection between the ideology of the head-drillers and head-loppers we are fighting in Iraq and those who try to do even worse at Fort Dix and the Kennedy airport.

How to unpack this? First off, it is not clear that we are in fact fighting all the head-loppers and head-drillers in Iraq. Many of the head-drillers are allies of the government we are supporting. Both the head-loppers and head-drillers have been empowered, not stymied, by our clueless occupation - and they have multiplied in numbers. And there are plenty of extremely unpleasant characters among the Sunni tribes we are now supporting to defeat a different strand of head-loppers in Anbar. Then one has to ask: is Hanson actually saying that the Shiite death squads and Qaeda wannabes in the Caribbean are part of the same movement? In the past, successful wars were often conducted under the aegis of "divide and conquer." The Bush policy, guided by the genius of strategists like Hanson, seems to be "unite a splintering enemy and lose to them."

Then there's this rubbish: "Do even worse" than what's happening in Iraq at Fort Dix and JFK? Is Hanson serious? Or has defending the indefensible finally forced him off the deep end?

If the risible, unformed, half-baked plots to "storm" a military base (with a handful of religious nutcases) or dream about blowing up JFK (while having the capacity to do nothing of the kind) are "even worse" than the genocidal Shiite death squads and Sunni cells of Iraq, then we really are in a pickle. I can't belief VDH believes this, unless there is some massive amount of evidence about Fort Dix and JFK that he is privy to and the rest of us aren't. So what's the point here? To conflate both sides in the Iraq civil war as being indistinguishable from Caribbean losers and 9/11? To reduce every conflict in a welter of conflicting fundamentalist claims to a single meme, "Islamist terrorism" and to urge that it be "fought" with the same finesse that we have brought to Iraq? Or to scare us into not thinking at all? Hewitt sums up the moronic convergence here:

A great deal of Campaign 2008 will be fought over this ground, with the GOP's nominee arguing that Afghanistan and Iraq are connected to Iranian nukes, Gaza and Fort Dix and terrorism in London, Madrid, Beslan and across the globe, and Democrats arguing that the world's problems come from a 140,000 Americans waging a campaign against Islamists in Iraq.

Those are the choices? Is it not possible to make, you know, empirical distinctions between various threats? To see that Islamism does indeed fuel Sunni and Shia violence, but that these forces are also fundamentally at war with one another? To see a distinction between Ahmadinejad's Shiite apocalyptics and Bin Laden's Wahhabist caliphate - a distinction any halfway competent war strategy would exploit, not deny?

When you see how evidence-resistant a propagandist like Hewitt can be, you begin to realize how important it is to keep these people away from power. They are much less interested in defeating al Qaeda than they are in using al Qaeda to defeat Democrats. This is what Hewitt really cares about: the GOP. Look what damage his ilk have done to the West's security since 9/11 because of their pathological partisanship. Look at how their refusal or inability to see any nuance, complexity or variety in the many threats we face makes our defeat more likely. We just cannot afford to tolerate these Republican propagandists any longer. There is a war on. And they simply aren't serious about fighting it.



- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Tuesday, June 05, 2007

D.C. Judge Takes Dry Cleaner to the Cleaners with $54 Million Lawsuit

From Yahoo! News:

WASHINGTON - A judge who was seeking $67 million from a dry cleaners that lost his pants has loosened the belt on his lawsuit. Now, he's asking for only $54 million, according to a May 30 court filing in D.C. Superior Court.

...Roy L. Pearson, a District of Columbia administrative law judge, first sued Custom Cleaners over a pair of pants that went missing two years ago. He was seeking about $65 million under the D.C. consumer protection act and almost $2 million in common law claims.

He is now focusing his claims on signs in the shop that have since been removed. The suit alleges that Jin Nam Chung, Soo Chung and Ki Chung committed fraud and misled consumers with signs that claimed "Satisfaction Guaranteed" and "Same Day Service."

- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Is Ritalin Being Over-Prescribed to Children of Divorce?

This Canadian study, reported by Reuters, might lead one to wonder:

TORONTO (Reuters) - Children from broken marriages are twice as likely to be prescribed attention-deficit drugs as children whose parents stay together, a Canadian researcher said on Monday, and she said the reasons should be investigated.

More than 6 percent of 633 children from divorced families were prescribed Ritalin, compared with 3.3 percent of children whose parents stayed together, University of Alberta professor Lisa Strohschein reported in the Canadian Medical Association Journal.

The study of more than 4,700 children started in 1994, while all the families were intact, Strohschein said. They followed the children's progress to see what happened to their families and to see what drugs were prescribed.

"It shows clearly that divorce is a risk factor for kids to be prescribed Ritalin," Strohschein said.

...Ritalin, known generically as methylphenidate, is a psychostimulant drug most commonly prescribed for the treatment of attention-deficit hyperactivity disorder in children.

There is a big debate in much of the developed world over whether it may be over-prescribed -- given to children who do not really need it. In March, a University of California, Berkeley study found that the use of drugs to treat ADHD has more than tripled worldwide since 1993.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Sunday, May 27, 2007

Cameras Soon in Ontario Courtrooms?

According to this story from CTV News, Ontario Attorney General Michael Bryant says cameras and webcasts will soon be coming to certain, unspecified courtrooms in the Province:

TORONTO -- Ontario Attorney General Michael Bryant says some court proceedings will soon be webcast over the Internet and archived online for 90 days. Bryant says webcasting court cases and providing copies to the media on DVD will increase the openness of the justice system. Fees to access court files have been also reduced following recommendations from a panel and complaints from the Canadian Association of Journalists about a lack of access to court documents.

The association awarded Bryant the Code of Silence award as a representative of the "most secretive government body in Canada," and for having the highest fees in Canada for accessing court records.

-Garry J. Wise, in Montreal
Visit our Website: www.wiselaw.net

Wednesday, May 16, 2007

Thanks

... to Steve Matthews of Vancouver Law Librarian Blog for his kind comments regarding our article, Starting A Law Firm.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Is there Privacy on Facebook?

The internet has always posed privacy concerns, and Facebook is no exception. Searching the term “privacy” on Facebook’s search engine will generate over 500 groups that discuss everything from third party information sharing to the right to free speech. Included in these groups, is a note that has been circulating through “friends” which includes allegations that Facebook is connected to the Central Intelligence Agency and that Facebook is selling user information through a development platform.

Facebook’s Privacy Policy, which you accept by using or accessing Facebook, is probably not being read by a majority of users, which may be causing the confusion and hype. One research paper indicated that approximately 80% of facebook users have never read the privacy policy in spite of the fact that another paper indicated that 61% of users are “quite concerned” about privacy on the site. The same paper provides information on how to download vast amounts of data from Facebook and indicates that other persons have previously used the site to download information for various purposes.

While somewhat extensive, Facebook's privacy policy leaves many questions unanswered. To assist in clarifying misconceptions, here’s a brief summary of Facebook’s privacy policies:

1. A user has the option of inviting friends by email. Facebook keeps a copy of any email address that is used for invite purposes so that they may track the success of their referral program. You have the option of requesting that they remove this information from their system by contacting them.


2. Facebook may collect information about you from other sources (websites, links, blogs etc). They do so for the purposes of creating more “personalized features” for users.

3. Facebook will not knowingly collect information from anyone under the age of 13, or knowingly allow them to register. They recommend that minors between the ages of 13 and 18 obtain parental consent before registering.

4. Facebook blocks access to site information by third party search engines (“crawlers”). Accordingly, if someone googles your name, they should not be able to obtain a link to your user profile.

5. Facebook may use the information in your profile without identifying you as an individual to third parties. They do so for the purposes of personalizing advertising and promotions to users.

6. Facebook shares information with third parties only in “limited circumstances” where they believe such sharing is “reasonably necessary to offer the service”, “legally required” or “permitted by you”.

7. Facebook may share information with 3rd parties to facilitate business. This may allow 3rd parties access to your user content for a limited time in “connection with business activities”.

8. Third party advertisers may deliver advertisements directly to users. This allows them to collect your IP address and recognize your computer each time an advertisement is sent to you.

9. Removed information from your account, or deactivated accounts may be kept in backup copies for a “reasonable period” of time.

10. Facebook staff may access your user content if they have reason to believe you are violating the policies or terms of the site.

11. Facebook does not sell your information.

Facebook has also created a Facebook Platform which allows certain applications and sites to access your user content in a “limited fashion”. A list of these applications and sites is available through the Facebook Platform component of a user’s privacy settings. A user can choose to uncheck any information they do not was shared through the platform.

Facebook co-founder Chris Hughes has several times stated that Facebook is not “harvesting” information for any group or government agency. However, doubts remain, specifically with reference to numbers 6 and 7 listed above.

If like me, you’re a facebooker who is not quite ready to walk away from the site regardless of privacy issues, it is a good idea to both review Facebook’s privacy policy in full and ensure that your privacy settings are at a level that is comfortable for you.

The site’s extensive list of privacy settings, include who may search your name, and who can access specific information on your profile from your wall, to your photos, to your status updates. You can also create a limited profile, restricting certain people’s access to certain information. In light of the above, these privacy settings a certainly worth examination by every facebook user.

In addition to reviewing Facebook’s policies and available security settings, it is imperative to remember, that as stated in their privacy policy “You post user content at your own risk…please be aware that no security measures are perfect or impenetrable”.

Indeed. Even Facebook can’t be perfect.
- Annie Noa Kenet, Toronto
Visit our Website: www.wiselaw.net

Sunday, May 13, 2007

Happy Mother's Day



- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Quick Scandal Guide (from Slate.com)

For those in need of a quick primer on the various Republican scandals du jour, see Slate's An Illustrated Guide to Republican Scandals:

- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Saturday, May 12, 2007

Video Resumes - Now Magazine Article

Just a short note directing you to David Silverberg's Now Magazine article, Video Killed the Resume Star, in which I am briefly quoted on the employment law ramifications of this new trend.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Friday, May 11, 2007

U.S. Intelligence

Yet another keystone cops tale.

This news report from the Toronto Star explains how Canadian currency apparently struck fear in the hearts of U.S. espionage specialists:

An odd-looking Canadian coin with a bright red flower was the culprit behind the U.S. Defence Department's false espionage warning earlier this year, the Associated Press has learned."

The odd-looking – but harmless – "poppy coin" was so unfamiliar to suspicious U.S. Army contractors travelling in Canada that they filed confidential espionage accounts about them. The worried contractors described the coins as "anomalous" and "filled with something man-made that looked like nano-technology," according to once-classified U.S. government reports and e-mails obtained by the AP.

...The supposed nano-technology actually was a conventional protective coating the Royal Canadian Mint applied to prevent the poppy's red color from rubbing off. The mint produced nearly 30 million such quarters in 2004 commemorating Canada's 117,000 war dead.

.."It did not appear to be electronic (analog) in nature or have a power source," wrote one U.S. contractor, who discovered the coin in the cup holder of a rental car. "Under high power microscope, it appeared to be complex consisting of several layers of clear, but different material, with a wire like mesh suspended on top."

...Intelligence and technology experts were flabbergasted over the warning when it was first publicized earlier this year. The warning suggested that such transmitters could be used surreptitiously to track the movements of people carrying the coins.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Thursday, May 10, 2007

The Facebook Bug

In our next few posts, we will discuss the latest news stories and controversies surrounding Facebook, including a look at its privacy and employment implications.

Before we provide our additional commentary regarding cyberspace's newest addiction (and its related controversies and benefits), I think it will be useful to do a quick backgrounder as to what Facebook is all about.

Facebook was started by Mark Zuckerberg as a social networking website in February 2004. Born May 14, 1984 in Dobbs Ferry, N.Y., a small suburb approximately 60 kilometres outside of New York City, Zukerberg is a computer programmer who initiated the Facebook project while enrolled at Harvard.

Originally intended for Harvard students only, it quickly spread through universities and high school networks allowing “friends” to reconnect and remain up-to-date with each other’s lives. After registering, it prompts you to create a personal profile which allows you to search and add friends, upload pictures, post status updates, message people, and write on their “walls”. It provides a “news feed” home page that allows you to observe what, if anything, new and exciting, boring and mundane is occurring in your “friends” lives. You can join groups, post events, share notes, and provide links to your favorite websites (like wiselaw.net for example).

Due to high demand, by September 2006 Facebook opened its registration to anyone with a valid email address. From Singapore to Israel to India, Facebook began spreading rapidly, and we at Wise Law Office have indeed caught the bug.

So how contagious is this bug? Facebook now accounts for 1% of all internet activity, boasting 21 million users who spend an average of 19 minutes on the site per day. It is the 6th most trafficked US site, and has almost 550,000 users in the Toronto network alone. But if you’re still not impressed - consider that it attracts 30 billion page views and conducts 600 billion searches each month.

The potential to connect with people from your past, present and even your future are only as limited as your privacy settings.

And of course, we hope that you can take some time away from checking in on Facebook to continue to visit us at Wise Law Blog….

- Annie Noa Kenet, Toronto
Visit our Website: www.wiselaw.net

Thursday, May 03, 2007

Facebook Ban: Ontario Government Blocks Employee Access

I have to admit it, Wise Law Office has caught the Facebook bug.

Annie Kenet, our soon-to-be-called-to-the-Bar articling student, essentially has almost all of us hooked.

The emerging Facebook culture is simply fascinating. Aside from the the opportunity it provides to deepen or re-establish important personal and professional connections, I am beginning to anticipate that this new technology will have an enormous commercial and cultural impact over time.

Beyond the anthropological implications of social networking, however, we have had a number of discussions within our office about this new technology's privacy implications and its ramifications for the workplace. I touched upon these briefly, in this post, a few weeks ago.

With this ongoing dialogue in mind, this report today from CTV News caught my eye:

Ont. government employees blocked from Facebook

Government employees in Ontario can no longer access Facebook, the popular social networking website, on their computers.To the chagrin of some of the thousands of workers -- including Liberal aides, backbenchers and cabinet ministers -- the 21-million member site is now blocked by the provincial ban.

As of Tuesday, when workers tried to access the site, they were greeted with the same "access denied" message that pops up if someone tries to access a pornography site, according to the Toronto Star.

Facebook is the latest website to be banned by the province, joining YouTube, online poker gambling websites and hardcore sex sites, Government Services Minister Gerry Phillips told the Star.

"The staff determined it's not as directly related to the workplace as we'd like it to be so we're restricting access to it," he said.

"Our IT (information technology) people are pretty broadly familiar with the marketplace and they said, `Here's a website that's going to be increasingly more popular for the OPS (Ontario public service). Is this an appropriate website to be spending time on?'"

...Premier Dalton McGuinty weighed in on the ban, saying he doesn't see how Facebook adds value to a workplace environment.

... Canada is the fastest growing market for the Facebook website with more than two million users. In Toronto, there are more than 500,000 registered users.

We'll have more to say on the Facebook phenomenon in posts to come.

For now, however, I'll go on record as predicting that time will prove the Premier wholly wrong as to Facebook's potential to "add value" to the workplace.
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Quote of the Day

From Welcome to Pottersville:

Paul Rieckhoff:

The president can say we’re a country at war all he wants. We’re not. The military is at war. And the military families are at war. Everybody else is shopping.

- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Wednesday, May 02, 2007

CCH Law Student E-Monthly - Interview with Garry Wise

Thanks to writer Stephanie Mah for her article about Wise Law Blog, Notes On A Blawg: An Interview with Garry Wise, in April 2007's CCH Law Student e-monthly.

I very much enjoyed my discussions with Ms. Mah, who herself, is a lawyer with a genuine passion (and talent) for legal writing.

Ms. Mah's CCH credits, aside from the e-Monthly, include the Ontario Corporations Law Guide, the Canadian Corporate Secretary's Guide and Alberta Corporations Law Guide.

I'd like to welcome those of her readers who have come to check out Wise Law Blog.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Wednesday, April 25, 2007

Electrical Enlightenment II - Canada to Go Florescent

By way of follow up on our post last week about Ontario's pending ban on incandescent light bulbs, Yahoo! News reports today that the entire nation will be going florescent by 2012:

OTTAWA (Reuters) - Canada will ban the sale of inefficient incandescent light bulbs by 2012 as part of a plan to cut down on emissions of greenhouse gases, Natural Resources Minister Gary Lunn said on Wednesday.

Canada is the second country in the world to announce such a ban. Australia said in February it would get rid of all incandescent bulbs by 2009.
- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Sunday, April 22, 2007

School Shootings and the "Culture of Mean"

A thoughtful article from Canadian Press on bullying, Simon Cowell, the "culture of mean," and school shootings:

There is a shift to a "culture of mean,'' says Barbara Coloroso, and she believes today's youth are swimming in it.

Coloroso, an internationally recognized parenting expert and author of "The Bully, the Bullied and the Bystander,'' was in the small town of Black Diamond, 80 kilometres west of Calgary on Saturday, to conduct a workshop on bullying....

With teens learning to laugh at others' pain, it's little wonder that bullying is running rampant in North American schools, she said. And as in many other cases, the shooter at Virginia Tech and those at Columbine were what she calls "bullied bullies.'' After being the target of bullying, eventually the victim becomes what he fears the most.

"The bullied bullies not only strike back but they do it with that utter contempt, that cold look on their face. They have become themselves what they hated,'' explained Coloroso. "Just as he was treated as an `it,' he treats other human beings unmercifully.''

According to Canada.com, Coloroso is "a former Roman Catholic nun, mother of two and parenting expert with four bestsellers to her credit."
Personally, I think it is fair to say that this past week's tragedy at Virginia Tech was essentially an event driven by one individual's psychotic break.
No cultural or sociological analysis can ultimately deliver any complete or satisfying understanding of this kind of extreme, homicidal violence - it is just too far off the rails.
Having said that, while deranged characters have emerged throughout history, their scripts securely targeted on the cultural fault lines of the day, the increasing frequency of schools as a modern location for such violence needs a much closer look.
I think the author above is onto something.
- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Thursday, April 19, 2007

You Can't Make This Stuff Up

Talk about "hauling your neighbour's ass into court..."

From MyrtleBeachOnline.com:

(h/t Raw Story)

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Electrical Enlightenment Coming to Ontario

From Yahoo! News:

TORONTO (Reuters) - The Canadian province of Ontario will ban the sale of inefficient incandescent light bulbs by 2012 as part of a broader effort to cut energy use, provincial officials said on Wednesday.

Replacing all 87 million incandescent bulbs in Ontario households with more efficient lighting, such as compact fluorescent bulbs, would cut electricity demand by 6 million megawatt hours annually -- enough to power 600,000 homes, the provincial government said.

Compact fluorescent bulbs use about 75 percent less electricity than old-style incandescents. From now on, the Ontario government will only purchase energy efficient bulbs for its own buildings, it said.

"This action alone represents a huge step forward in reducing greenhouse gas emissions -- it's the equivalent of taking 250,000 cars off the road," Environment Minister Laurel Broten said.

-Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

BC Robber Wins Damages Award against Store - Injured by Security Guards During Theft

From Yahoo! News:

VANCOUVER, British Columbia (Reuters) - A Canadian man who admitted shoplifting C$106 in razor blades has been awarded C$12,000 ($10,645) for injuries he suffered when he was tackled by store security guards.

- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Tuesday, April 17, 2007

PM Harper Snubs Charter 25th Anniversary

From CBC News:

PM's snub of charter anniversary 'shocking': Chrétien:

Jean Chrétien says he is shocked that the federal Conservative government has no plans to commemorate the 25th anniversary of the Charter of Rights and Freedoms.

"We're celebrating the 25th anniversary this week and they don't want to have anything to do about it. It's just kind of shocking," the former prime minister told CBC News on Monday."

"... I hope they will not put the flag at half-mast [Tuesday] because it will be the anniversary."

Harper and critics have complained in the past that judges have used the charter to undermine the powers of Parliament.

Harper was barely a month into office when he suggested judges should show greater deference to Parliament and "apply the law, not make it."

- Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Monday, April 16, 2007

US Attorney Purge Scandal Heats up

So now it appears President George W. Bush and Karl Rove were both directly involved in the firing of a New Mexico US Attorney, David Iglesias.

Friom TPMmuckraker:

The firing of U.S. Attorney for New Mexico David Iglesias continues to smoke....

So we have two different streams of complaints from the White House -- the first in October about voter fraud and then another in November, stemming from Domenici's concern at Iglesias' failure to move certain cases. Of course, both of them at their base were about Iglesias' failure to prosecute enough Democrats. [Emphasis added]

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Saturday, April 14, 2007

Employment Law: Is Online "Adult" Activity Relevant to the Workplace?

This will be an interesting topic for a Saturday.

Wired has an article today, Sex and Nudity Aren't Good Reasons to Fire Someone, discussing recent incidents in which U.S. employees have been terminated after their online, "adult" alter-egos were discovered by their employers:

An Ohio teacher was fired last month after his private nude photos were posted online without his knowledge and then discovered by administrators. In February, Michelle Manhart was demoted from Air Force staff sergeant to senior airman and then reassigned to the Iowa National Guard, simply for posing in Playboy without first obtaining the Air Force's permission.

A New York Post article about how online activities affect a job hunt cites an example of a manager who was fired after his bosses found his pictures on an erotic dating site. Not because he was using company time to update his profile, but because "he showed extremely poor judgment by making such a personal matter public."

It makes you wonder what the bosses were doing at the dating site.

While we have acted (successfully) for individuals who have been wrongfully dismissed after their employers contended that workplace usage of company email and internet facilities was improper, the Wired article documents a clear escalation of online spying activity by employers, beyond the confines of the workplace itself.

It seems at first glance that under Ontario law, this type of online extra-curricular activity would in most cases be simply irrelevant to employment performance, barring blatant online illegality or other workplace-related posting that would directly impact the employer.

There would be no grounds whatsover for job action by an Ontario employer, in most circumstances, from this form of online expression.

Beyond that, in certain instances, the Ontario Human Rights Code might well prohibit discriminatory employer action on the basis of indiscreet online activity alone.

But, legal considerations aside, the Wired story does highlight the reality that online personnas are eminently searchable - if you don't want something to be seen by co-workers, mothers or others, you probably would be well advised against posting it.

You may have some entitlement to privacy - but you cannot prevent others from finding that which you have knowingly put "out there." Therefore, play as you may, but be aware - consequences may follow.

Caveat emptor.

Addendum - April 17, 2007 - This related, cautionary note comes from The Journal of the Business Law Society, University of Illinois College of Law:

Make sure your Facebook and MySpace profiles do not have/reveal anything incriminating about you. Employers will check before an interview.” Come again? The hiring partner of a Vault 100 firm is going to “friend” me?

As incredulous as I was, I began to see this advice echoed throughout a variety of mediums. As The New York Times reported: “…recruiters are looking up applicants on social networking sites like Facebook, MySpace, Xanga and Friendster, where college students often post risqué or teasing photographs and provocative comments about drinking, recreational drug use and sexual exploits in what some mistakenly believe is relative privacy.” More than one recruiter admitted to denying a candidate based on what the candidate’s online profile had revealed.

Garry J. Wise, Toronto
Visit our Website: http://www.wiselaw.net/

Friday, April 13, 2007

Quote of the Day

Balloon Juice:

The only idea so pernicious that its expression threatens America, is the belief that such an idea exists.
- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Imus

John Cole gets it right.
I agree, wholeheartedly.

'Nuff said. Really.
For comparative context, see Media Matters, which presents an extensive catalogue of the "bigotry and hate speech targeting, among other characteristics, race, gender, sexual orientation, religion, and ethnicity" of right-wing media personalities Glenn Beck, Neal Boortz, Rush Limbaugh, Bill O'Reilly, Michael Savage, Michael Smerconish, and John Gibson."
Not to mention Ann Coulter, of course.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net

Saturday, April 07, 2007

Leafs 6, Habs 5

My final hockey post of the weekend, for some special friends in La Belle Province:

From TSN:

The Toronto Maple Leafs stayed alive and knocked out their biggest rivals, too. Trailing the Montreal Canadiens by one entering the third period, the Maple Leafs got two power-play goals and held on for a 6-5 victory on Saturday. The Leafs need the New York Islanders to lose at New Jersey on Sunday to claim the final playoff spot in the Eastern Conference.

UPDATE: April 8, 2006 - Now that the Leafs' golf season has also officially begun, due to the Islanders' clutch, shootout victory this afternoon over New Jersey, I am almost ashamed at the degree to which last night's elimination of the Habs somehow has made this season seem... well...
... almost worthwhile.
And sooooo satisfying...
- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

TSN: Alan Eagleson Pardoned in 2005

Continuing with our hockey motif, TSN is reporting that former NHL Players Association head Alan Eagleson was pardoned in 2005 by the Canadian federal government for a 1998 conviction arising from embezzlement charges:

According to a report in the Calgary Herald, disgraced hockey agent and promoter Alan Eagleson was pardoned in 2005 by the Canadian government on his 1998 conviction and imprisonment on three counts of fraud and embezzling hundreds of thousands of dollars of Canada Cup earnings.

...Eagleson avoided a five-year prison sentence in the U.S. in a 1998 plea bargain that allowed him to serve just four months of an 18-month prison sentence in Canada...

"I am very surprised," Hockey Hall of Famer Brad Park told the Herald. "I can't believe that this was never made public knowledge. Down here (in the United States) pardons like this are public and done by the President. I think that's a better system. I guess the message to the hockey players he cheated all those years is 'roll us over and do it again.'”

- Garry J. Wise, Toronto

Visit our Website: www.wiselaw.net

Wednesday, April 04, 2007

N.J. Zamboni Driver Cleared

With the NHL playoffs just around the corner, Zamboni drivers everywhere may (or may not) be breathing a sigh of relief.

From the Associated Press:

It is not drunk driving in New Jersey if it involves a 4-ton ice rink-grooming machine. A judge ruled the ice-rink machines known as Zambonis are not motor vehicles because they cannot be used on highways and cannot carry passengers.

Zamboni operator John Peragallo was convicted of drunken driving in 2005 after a fellow employee at the Mennen Sports Arena in Morristown told police the machine was speeding and nearly crashed into the boards.... Peragallo appealed, and Superior Court Judge Joseph Falcone on Monday overturned his license revocation and penalties.

- Garry J. Wise, Toronto
Visit our Website: www.wiselaw.net