Author Archive

A Facebook Lawsuit in Miami

February 22nd, 2010. By Hunter West

Okay, so here’s the deal. A high school student—an honors student, no less—is at odds with her teacher. They just didn’t seem to get along. They clashed over assignments. It happens. But the student had to vent. So Katherine Evans created a Facebook page titled ‘Ms. Sarah Phelps in the worst teacher I’ve ever had,’ and invited current and former students of the maligned instructor to post their own comments.

Some were in support of the student. Others were in support of the teacher. With Facebook, you get what you get. The student did not control the content beyond setting the page up in the first place, and after a few days she took it down.

For all of that, the honors student was suspended from school for three days, accused of cyber-bullying.

Bullying?

Or free speech?

That’s the question. And now it’s the basis for a lawsuit, brought by Evans.

Katherine Evans is now 19 and a sophomore at the University of Florida. Beyond seeking a “nominal Read the rest of this entry »

Tags: Facebook
Posted in Emerging Issues, lawsuits | No Comments »

WellPoint, Anthem Blue Cross rate hikes: Bloodless Economics?

February 16th, 2010. By Hunter West

The mind-boggling increase in healthcare premiums promoted to policyholders of WellPoint Inc. and its subsidiary, Anthem Blue Cross comes down to a central question, according to a story today in the New York Times… 

Is this the bloodless economics of risk, or a corporate culture of greed? 

In Los Angeles Bernhard Punzet opened up his envelope from Anthem Blue Cross and saw that Anthem intended to increase his insurance premiums by 34 percent. His partner’s would rise by 36 percent. 

Joshua Needle, a trial lawyer in Santa Monica, got a similar shock when he saw that Anthem intended to increase his premium by 33 percent.  “I have no problem with profits,” he said in comments published this morning in the New York Times, “but they’re maximizing profits without any concern that they have a captive audience.” 

He is not alone. About 700,000 Anthem Blue Cross clients are reeling with the news that they may be facing increases averaging 25 percent. That’s the average. A full 25 percent of policyholders are facing premium increases of anywhere from 35 to 39 percent. 

That’s four times the rate of medical inflation. 

Needless to say, consumers are screaming bloody murder, while advocates of public healthcare are using the issue as fodder for a renewed push behind President Obama’s universal health care reform. 

The increase has been delayed by two months, at the request of the insurance commissioner in California, in order Read the rest of this entry »

Tags: Anthem Blue Cross, health insurance, WellPoint
Posted in Drugs/Medical, Emerging Issues, Insurance | 1 Comment »

Car Recalls: Technocrats and Bureaucrats Need to put Safety First

February 12th, 2010. By Hunter West

 

If the recall troubles of Toyota and now Honda are knocking you out of your comfort zone, better get used to it. As cars become more complicated and sophisticated, recalls are going to be a fact of life. 

In other words, the more automakers do, the more they have to ‘undo.’ 

Tacked onto an MSNBC story about the recent Honda expanded recall for airbags was a comment from Yoshihiko Tabei, chief analyst at Kazaka Securities. 

“While the way automakers handle recalls is important, I think people should be careful not to overreact to every single recall,” he said. “Rather, my concern for the auto industry is their earnings for the next financial year, given the absence of the boost they enjoyed from government incentives this year.” 

Other automotive analysts agree that automakers regularly trigger recalls, although some have suggested the media reaction to the Toyota case has been overblown. That latter statement may, or may not be true depending upon one’s perspective. In the Toyota case, the story for decades has been that the Japanese automakers had it Read the rest of this entry »

Tags: Automotive, Honda, Honda Recall, Toyota, toyota recall
Posted in Defective Products | No Comments »

Open Letter to Guinea Pig Victims of the World

February 8th, 2010. By Hunter West

Are you tired of living alone, even though you are classed as a “social” pig? And do you feel for your goldfish friend, which is suffering mistreatment by having four open sides in his / her / their aquarium, when it is obvious that they need shelter and such shelter is being denied? 

If so, Bunky, you need a lawyer. And even though you can’t understand a word I’m saying, it is my duty to tell you that you need to move to Switzerland. Go. Go now. Pack up your pellets and skedaddle to Zurich. 

Switzerland is on your side. 

In fact, the Swiss will hold a public referendum in March as to whether domesticated creatures have the right to be represented by lawyers in court.

Not that the government there wants that. Even the Swiss authorities think that’s going a bit far, even though the government altered its constitution last year to protect the dignity of plant life and crafted a law in 2009 establishing rights for domesticated creatures such as canaries and goldfish. 

And Guinea pigs. Yes, you. 

If the referendum is approved, every canton in Switzerland will be obliged to appoint legal counsel to represent pets and farm animals, in an effort to defend them from abuse. 

It all started in 2007 when the canton of Zurich appointed lawyer Antoine Goetschel (don’t worry about the spelling—you’re a Guinea pig after all, we’ll help you fill in the forms when the time comes) as an animal advocate as an experiment. That move motivated animal welfare groups to mount a campaign for a referendum to install similar officials across Switzerland. 

Activists gathered the required number of signatures of support needed as a pre-requisite to a referendum. 

The government has its doubts. So too, do farmers associations and pet breeders, who fear more strict regulations. The ‘No’ side has established a group known as ‘No to the Useless Animal Lawyers’ Initiative.’ 

It should be noted that in the Middle Ages, locusts and frogs were summoned to court to answer for their crimes of infestation. 

Not that you, Guinea pig, will ever have to physically appear in court as a witness if the crusty old guy next door complains to your owner that you’re living a solitary existence. 

However, take heart in the knowledge that in Switzerland-while you go about your day sleeping, shedding and trying to figure out what is a food pellet and what is a poop-a lawyer could be representing your interests in court. 

For more, log onto LawyersandGuineapigs.com

Tags: Animal Rights, Antoine Goetschel, Zurich
Posted in Lex Levity | 1 Comment »

Trust in China Should be Toppled in Similar Fashion

January 28th, 2010. By Hunter West

Okay, so China has had its problems with heparin and toothpaste, lead in kid’s toys and tires, cribs and pet food. But you can’t argue with the fact that the Republic of China is an economic powerhouse already and if you’re a manufacturer, you can’t argue with the cheap cost of labor. 

They’re talking about having cars built in China now. 

If that’s just fine by you, take a few minutes and study the picture here—that’s an apartment building lying down. On its side. Intact. It happened in June while workers were attempting to add an underground (and under building) garage. According to reports, one worker died in the collapse. And as ChinaDaily.com reported, “Improper construction methods are believed to be the reason of last Saturday’s building collapse in Shanghai, according to a report from the investigation team”. Really?

Are you shaking your head yet? This a country that wants to build our cars? Vehicles that will carry our children, our spouses, ourselves? Vehicles that could fail, at a moment’s notice and take out other cars on the road carrying innocent people? 

I don’t think so. 

The building collapse from last June is yet another example of the apparent greed on the part of the Chinese, so Read the rest of this entry »

Tags: China, Chinese exports
Posted in Defective Products | No Comments »