JOEL BIEBER'S BLOG

The Shopping Herd

     Sometimes, certain things can be explained by the numbers. For instance, in looking at the numbers that were listed in the Michael Vick bankruptcy filing, we learned that, despite money issues for Vick in 2007, he purchased a 2007 Infiniti truck for his fiancee, at a cost of 65k. Apparently, she needed something comfortable to drive when coming to visit him. At least that is a possible explanation.

     Sometimes, a bias and prejudice can explain a belief or position that may be espoused. During the political season, there was a regular banter about whether reporters  covering the Presidential campaigns, were influenced by how they were going to vote. In regularly reading  Sports Illustrated columnist Peter King, I have learned that he has an affinity for the New England Patriots and even took a left handed swipe at the Coach of the Jets, when he wrote his article about the Patriot filming fest. The article appears to me to almost question why anyone would turn that team in for cheating. (Sept 19,2007 article)  I suspect he would not write the same column today. Of course, my reading of the article is understandably slanted because I am not a Patriots' fan.

     However, I still am trying to come to grips with the Walmart worker who was trampled and killed on Black Friday.(article) I know that there is such a thing as mob mentality and google even lists over 250k of articles or internet entries about it. (mob mentality) In the Walmart fact pattern, they are currently reviewing store tapes to determine who is responsible. In addition, I suspect that Walmart will bear some culpability in the method of the sale. Apart from the Walmart conduct, Is there really an explanation for this kind of behavior?

     Black Friday has become synonymous with amazing bargains and, in this economy, people may be acting differently than in a robust economy. On Sunday, Parade did an article that outlined certain shopping stimulants ("Buyer Beware") where stores that advertised what amounted to be fake bargains.In doing so, they were able to cause greater sales. For instance, a box of spaghetti that was priced at $2.50, barely caused any sales. When the store changed it to "2 boxes for $5", then they saw customers waiting in line.

     Psychologists have already begun to weigh in on how this Walmart incident could happen. In the above posted article, psychologist Danielle Knafo compared this shopping to injuries that are caused at a rock concert. "Judgment,intelligence,values and compassion go out the window". I don't doubt any of that. But, I hope that in the analysis of this event, it won't go unnoticed that these retail establishments, with their doorbuster sales and 6am blue light specials, also bear some responsibility and certain safety measures cannot be simply ignored.    

     

The Plaxico Burress Laughs and Giggles

     To actually shoot yourself is an attention grabber. Maybe even more so then shooting your friend, who then apologizes for being shot. (See "How To Shoot a Friend and Get an Apology" by Dick Cheney) On top of that, if you are a football player who happens to play in New York, you can expect to grab a lot of headlines. Add to that, already being injured and shooting yourself where your current football injury happens to be.

     Now that description of events would certainly make most shake their heads. However, now add that you were illegally carrying a concealed weapon,(without concealed weapon permit); that you are carrying a weapon that is not registered; and that the state where all this occurs (New York),has a law that says that anyone carrying a gun without permit can face from 31/2 to 15 years in prison, if prosecutors can prove that the possessor intended to use the weapon on another person. In the Burress circumstance, it appears that the applicable law is that he could face up to 7 years in prison and be convicted of a felony.

     Despite all that, on Monday morning, the NY Daily News reported (article) that on the eve of turning himself in to police, he called a teammate and was laughing and grinning about the events. This morning, the NY Times (online) shows a picture of Burress reporting to the police station. His lawyer was quoted as saying that he "clearly is not pleased about these events" and " He's a mature adult, handling this very well, under the circumstances".   

     This is one of those blogs where the articles, events and quotes speak for themselves. It is relevant because I recall when I met Burress, while he was still in high school, and he had that scared look about the future. I am guessing that he has that same scared look today. I can't imagine that he is still laughing and giggling. He is facing some significant charges and the potential of a football suspension and an almost certain release from his team after just signing a lucrative contract that would have paid significant sums over the next 5 years.  Maybe his lawyer can remind him about what emotions he should be expressing.

What Happened To The Thanks And Giving

     I won't classify this as legal, but I wish I could do something legal about it. I'm talking about what is happening to my favorite holiday. Maybe you can help me rekindle Thanksgiving. I think you know what I am talking about.

     About a month ago, one of my favorite local restaurants had already put its Christmas tree in the lobby. Of course, all retail stores are now carrying Christmas and kids were basically sitting on Santa's lap in their Halloween costumes.

     I have always said that Thanksgiving is my favorite holiday. It involves good food, a time to get together with family and a time to stop and assess the year and the many reasons to give thanks. It doesn't involve the hustle and bustle and credit card spending that Christmas seems to have become. Christmas caroling is almost a thing of old movies. I could go on about that but I just want my favorite holiday back. Soon, I'm afraid, it will fade into obscurity and the Pilgrims will be a distant memory. The History lessons of those of great courage, will be lost in the chase of retail.

     If you drive through my neighborhood, you would see two houses across from each other, with beautiful Christmas lights adorning the outside. One of the houses does have pumpkins on the porch, so I guess they have more than one day covered. I'm wondering if, when I take a closer inspection, I will notice Easter eggs hidden in the yard. Maybe a tree will even be planted for Arbor day. I do enjoy those lights at night but I just want to enjoy Thanksgiving.

     Thanksgiving is a time when I do look back and look forward. I remember what was on my mind last year, and I am thankful to be where I am right now.Really, I guess, lights, music and crowded malls don't have to take that from me. When I sit down with family, this Thursday, I will be thankful for all that God has given me. I guess I really shouldn't need a holiday for that, anyway.  

More Hormone Therapy News

     I regularly try to send out updates to my clients, on the current status of our hormone therapy litigation. In addition, the first Attorney General for a state, has now filed a lawsuit against Wyeth , relating to its hormone therapy drugs and the marketing of those drugs. (Prempro,Premarin and Premphase)

     I attach the article from Newsinferno.com, which discusses the lawsuit that has been filed by the Attorney General of Nevada. The suit alleges that Wyeth used deceptive practices in marketing its drugs. In addition, the Attorney General is also targeting Pfizer for its marketing of Provera. It will be interesting to see whether other Attorney Generals follow the lead in this. Attorney General Masto is quoted as saying,"When drug companies purposefully misrepresent the safety and efficacy of their drugs, or promote their drugs in a deceptive way, everybody loses". I say Amen to that!

The Rambler

     As I began down that lonely road of blog creativity, I wasn't sure which road to take. The Robert Frost poem was ringing in my ear. I know that some of my blogs have not been up to the level of winning any 2008 Webbies. ( Does such an award really exist?).

     Recall and legal notices are filling my in box. For instance, Nestle recalls 900,000 lbs of Lean Cuisine. Like the little boy said to Shoeless Joe Jackson, "Say it ain't so". (Nestle story). I also saw that a Sheik spent 350k on a mind mapping and motivational guru to help Michael Jackson get his creative mind juices flowing again. (Jackson) That made me think, who is there for me to get this legal blog flowing today. Then I thought, would it be interesting to blog on how business lobbyists are adapting to the power shift in Washington and what that means to upcoming legislation? (AP article) To that question I could almost hear my mind shouting out loud.

     After this mental rambling, I decided to string together a couple of legal stories that you can click to, if one of them does interest you. First, The National Law Journal reports that legislators are working on bills that will overturn the recent Supreme Court decision in Riegel v. Medtronic, which gave immunity to a product manufacturer under an interpretation that Congress granted immunity when such products are approved by the FDA. Senators Kennedy and Waxman filed Amicus briefs that state that Congress did not intend to "pre-empt state tort actions". Second, Lawyers USA did a story that sets forth that FDA staffers objected to the Bush policies that were being pushed that put the FDA in the position of arguing Federal Preemption, for individuals injured by drugs sold by Big Pharma. This was an interesting read. Finally, to finish the blog out in continuing rambling fashion. In an unprecedented action, The Washington Post   reports that the FDA is opening up three offices in China to improve the safety of Chinese exports to the US. In a time that the FDA is admittedly understaffed, I hope that they can do some good in this area, despite those issues. 

Legal Smorgasborg

     I saw a story that equates legal appeals to something that sounds like the seven degrees of Bacon. (you probably should google that, if you don't know what that means, just like the title of this blog). According to Law.com, former Supreme Court Justice Sandra Day O'Connor is going to be sitting with the 3rd Circuit Appellate panel as a visiting Judge, and is scheduled to hear four oral arguments in Philadelphia, this week. The "Bacon" factor is that the first lawyer to argue,Mark Perry, clerked for Justice O'Connor, during the 93-94 term. Joining Perry on the legal brief was Eugene Scalia, the son of Supreme Court Justice Anthony Scalia.

     Here is a head scratcher. Dolan Media Publications sent me a publication entitled "20 Things Lawyers Need To Know". In it, there is an article that discusses what law firms need to know about young lawyers that they may be hiring, called the Generation Y aka the Millennials. In the article, it states that as an employer, I must understand that these young lawyers may present such characteristics as a higher expectation for time off; weaker proofreading skills; lower standards for written work; less loyalty to their firms; more emphasis on privacy of their phone use; and higher expectations for quality of life. Wouldn't it be great if you could just go to some website like flightstats.com, where you can find out if a plane regularly runs late. Maybe we could call it Millennial.com. Uh oh, that one is already taken so I guess I cannot post scouting reports on lawyers arriving late to work. That article was quite an endorsement for hiring new law graduates.  

     Finally, I am on a email blast that notifies me of product recalls. One that is a little unusual but worth noting is that Worldwise, Inc. has recalled about 223,000 dog leashes. According to the notice, the metal clasp connecting the leash to collar can snap back unexpectedly. Worldwise has received injury reports that include facial cuts, collar bone injury, a displaced eye lens and a broken tooth. These leashes were sold in such places as Dollar General Store. For more information, go to their website at squareonesystems.com. 

Ibuprofen and Heart Attacks

     Heart attack and those being treated for heart ailments have a higher risk of a second heart attack or death, if they take such painkillers that include ibuprofen or are Pfizer's Celebrex. This, according to a recently published Danish study and reported by Bloomberg news. (article)

     According to the study, there was also a connection to the withdrawn drug that was manufactured by Merck, Vioxx. According to the senior cardiology resident at Copenhagen University Hospital,"The take-home message is that we need to be careful when using NSAIDS among patients with previous heart attack or heart failure".

     A study presented in March, according to the Bloomberg article, found that patients taking the highest dose of Celebrex at 400 milligrams twice per day, were found to have tripled their chance of a heart attack or stroke, compared to those taking a placebo.  Currently, Celebrex, unlike Vioxx, remains on the market and generated $2.3 billion in 2007 sales for Pfizer. 

A Lion of a Problem

     Usually I am attaching a story that has caught my attention. However, there is an ongoing story in Midlothian that just makes me shake my head. You can probably guess by the blog title, it involves a lion. It also involves no responsibility.

     There is a lion who is roaming the yards and neighborhoods of Midlothian. One neighbor saw it sprinting across her back yard. Another neighbor went out back and saw it sleeping in a tree. Now, this is a lion that reportedly weighs about 300lbs.

     It is speculated that the lion is or was owned by someone who has several animals. It is known that there are some homes that have such animals as camels and an assortment of monkeys. This, because places around Salisbury and Midlothian have various zoning laws that allow wild animals. Now, no one is claiming that they have lost their lion. In fact, when the lion is sighted, calls have been placed to the Virginia Game and Fishery Department and they merely respond that capturing lions is not their job. So, the lion continues to roam and fortunately, no event has occurred except the excitement of seeing a lion up in the tree. That's the clue that may indicate that the lion is domesticated. However, no one will take responsibility for the ownership or the capture.

     In my business, I regularly send settlement packages to insurance companies, in an attempt to settle car crash cases. The packages include the documentation of medical reports and records, as well as pictures of the scene or the cars and any other relevant evidence, regarding the facts of the injury and the crash. Sometimes, I feel like I am saying that there is a lion in the tree and you need to do something about it, insurance company. Their response can be as frustrating as, "it's not our job or not related to the crash". That is why we fight hard to preserve the jury system. That is the equalizer that was created by our founding fathers, to point to the responsible party. It's great when a jury tells an insurance company, through its verdict, that it is time that they pick up the lion!  

   

A President McKinley Life Intersection

     Sometimes in the morning, while putting in my time on the exercise machine, I watch History Detectives on PBS. They typically have two or three episodes that discuss some artifact and its connection to a historical event. It makes my exercise go a little quicker, although not quick enough.

     This morning, one of the episodes involved an investigation regarding the flag that was draped over the coffin of President McKinley. He had been assassinated, and as history records, that was the event that caused Secret Service to begin providing security for our Presidents. I am attaching information on this episode for your review.(PBS episode)  

     The episode revolved around whether a flag that had been passed down by a Charles Kennedy, was, in fact, one that had draped over the McKinley coffin. That part of the story and the course of investigation were very interesting. However, almost as an underlying story, the course of events that impacted Charles Kennedy was also life changing.

     Apparently, Mr Kennedy was a sergeant at the time, who was ordered to head up the detail that went to Ohio, to preliminarily guard the body at the tomb that housed the casket, until the burial area memorial was set up. As a result, Sergeant Kennedy ended up moving to Ohio right after that. Then, when he got out of the service, he went to work as the administrator and keeper of that cemetery. He ultimately was buried in sight of the final resting place and memorial of the President. It was clear that his life ended up revolving around that moment when he was ordered to Ohio, with the McKinley detail.

     There are files sitting on my desk right now as a result of a moment in time that have impacted my clients. That moment is usually a crash that has caused a life long injury or some emotional scar from the negligence of someone else. In my own life, having been in a crash, I sometimes intuitively feel as though a car is going to run a red light. This reaction, simply because of my memory from my own crash. 

     We cannot control those moments. We can only control how those moments effect us. Some clients are able to fully recover and seemingly put it behind them. Lurking in the background is probably some emotional scar from the crash. Other clients have life long problems and permanent injuries. When these cases settle, sometimes true value is not received because there is not enough insurance coverage. At some jury trials, I try to remind the jury that while they will leave this case behind when they leave the Courtroom, my client will be left with what the jury deems to be Justice.

     A moment in time can effect a lifetime.  If we truly thought about how a moment can change life, it may make us be more thankful for what we have and more considerate of the opportunities that God has given us. For me, that History Detective episode was that reminder. 

A Wonderful Love Story

     I am attaching a wonderful story that ran in the Richmond Times Dispatch on Saturday.(TD Story) Vernon Schooles had previously stated that he did not want to live one day longer than his wife. On Thursday, after having been married for 76 years, Virginia and Vernon Schooles both passed away on the same day. The story speaks to the sanctity of marriage, the strength of love and the wonders of the heart. I am posting it as a blog, because I so enjoyed this story and I hope you will too. Based on the story, they had a wonderful relationship, that was centered around Godly things. Now, they are in heaven together.