Saturday, November 29, 2008
Scapegoating Mother of Suicider and Overreaching Prosecutor Threaten All Internet Users
This mother wants jail time for Lori Drew. She cannot accept the fact that her daughter's suicide is most likely due to genetic predisposition, and possibly due to parental behavior. The latter includes failure to monitor and restrict the computer activity of a daughter with psychopathology. The idea that a fictional character can induce a suicide is such a radical one, it requires a very high level of empirical data. The idea that a fictional character could intentionally inflict emotional distress violates the Free Speech Clause. I write a book. A reader, one of a million, acts upon its content after being totally offended. The book is immunized by the First Amendment.
The verdict did not involve the suicide. Instead, it involved a lawyer gotcha. The Terms of Service (TOS) of MySpace were violated by Lori Drew's registering a fictional character. By violating the TOS, Lori Drew committed unauthorized access to MySpace, a violation of a federal law forbidding hacking. Hacking involves figuring out passwords, and clear unauthorized invasion of a computer. It does not involve violation of a private contract, until this case.
The case is pretextual (a false use of the law), both legally and is anti-scientific. As a result, it criminalizes the breach of any TOS, which is the breach of a private contract. This violates the law of contract, as it was for the past 1000 years. The district attorney in Missouri found the act of Lori Drew reprehensible, but not illegal. Thomas O'Brien, the Department of Justice overreaching prosecutor, should be fired. He is wasting massive amounts of tax payer funds to aggrandize himself and to get in the paper, by an unlawful prosecution.
Orin Kerr intends to participate in an appeal of the verdict to the Ninth Circuit Court of Appeals. By that courageous pro bono offer, he is defending all internet users. To use the internet, they are forced to agree to contracts of adhesion. They cannot function without the Internet, but are signing bogus, one sided contracts.
If a torts claim gets filed, I would be interested in the conduct of the family. It is far more likely to have induced the suicide, than the rantings of a fictional character. The sentence, "The world would be better off without you," is not an established cause of suicide. I would also demand a forensic evaluation of the private computers of Thomas O'Brien, the over reaching prosecutor, to see what TOS he violated.
The verdict did not involve the suicide. Instead, it involved a lawyer gotcha. The Terms of Service (TOS) of MySpace were violated by Lori Drew's registering a fictional character. By violating the TOS, Lori Drew committed unauthorized access to MySpace, a violation of a federal law forbidding hacking. Hacking involves figuring out passwords, and clear unauthorized invasion of a computer. It does not involve violation of a private contract, until this case.
The case is pretextual (a false use of the law), both legally and is anti-scientific. As a result, it criminalizes the breach of any TOS, which is the breach of a private contract. This violates the law of contract, as it was for the past 1000 years. The district attorney in Missouri found the act of Lori Drew reprehensible, but not illegal. Thomas O'Brien, the Department of Justice overreaching prosecutor, should be fired. He is wasting massive amounts of tax payer funds to aggrandize himself and to get in the paper, by an unlawful prosecution.
Orin Kerr intends to participate in an appeal of the verdict to the Ninth Circuit Court of Appeals. By that courageous pro bono offer, he is defending all internet users. To use the internet, they are forced to agree to contracts of adhesion. They cannot function without the Internet, but are signing bogus, one sided contracts.
If a torts claim gets filed, I would be interested in the conduct of the family. It is far more likely to have induced the suicide, than the rantings of a fictional character. The sentence, "The world would be better off without you," is not an established cause of suicide. I would also demand a forensic evaluation of the private computers of Thomas O'Brien, the over reaching prosecutor, to see what TOS he violated.
Monday, November 17, 2008
Paxil Failure to Warn of Suicidality Case Dismissed on Statute of Limitations Grounds
Naturally, if one feels worse on a drug, especially for a while, one stops it, and consults one's doctor.
Naturally, depressed people take anti-depressants. They commit suicide. It means depression causes suicide, not anti-depressants cause suicide. The data show not taking anti-depressants causes suicide, mostly because untreated depression causes suicide. I am interested in the name of the expert who signed the secret certificate of merit if any was required.
Naturally, depressed people take anti-depressants. They commit suicide. It means depression causes suicide, not anti-depressants cause suicide. The data show not taking anti-depressants causes suicide, mostly because untreated depression causes suicide. I am interested in the name of the expert who signed the secret certificate of merit if any was required.
Sunday, November 2, 2008
The Best Article on Deposition Preparation Ever Written
Here is another article, more specific to the doctor.
Article on videotaped deposition.
Rummage in this great web site for more deposition articles.
Article on videotaped deposition.
Rummage in this great web site for more deposition articles.
Tuesday, October 28, 2008
Allergies Increase Risk of Suicide
This link may explain the increase in suicide seen in the Spring in the Northern Hemisphere and in the autumn in the Southern Hemisphere (their spring).
The tort implication? Defense experts should not only search for the suicider's illegal drug use and failure to adhere to psychiatric treatment, but also failure to adhere to allergy treatments.
The tort implication? Defense experts should not only search for the suicider's illegal drug use and failure to adhere to psychiatric treatment, but also failure to adhere to allergy treatments.
Monday, October 27, 2008
Cross Sue the Patient Advocate if Any
The article is about irresponsible, overzealous patient advocacy to the detriment of patient and family. However, should a patient advocate have caused a patient to be set loose to commit suicide, the defendants should file a cross claim against such irresponsible conduct.
Sunday, October 12, 2008
Yet Again, Scapegoat Internet for Suicide
There is no evidence of any link. The people who have committed suicide had severe depression and chose to end their lives, as an intentional act.
Saturday, September 27, 2008
Sunday, September 7, 2008
Scapegoating Family Gets Rich from Suicide of Son
The sole consolation is that the city is San Francisco, freak city.
Thursday, September 4, 2008
Model Jail Suicide Prevention Protocol at Orange County, CA
The jail does psychiatric hospital evaluations. Then supervises those who admit to suicidal intent. The rate is low, but is not gone. This shows, even with total restrictions, some suicide will occur, despite the locked conditions. It does not show that the lifetime suicide rate was reduced.
Wednesday, August 27, 2008
Nervy, Dangerous Suicide Attempter
One may set fire to one's own property. However, arson goes to the very core of trust in a fireman.
Thursday, August 21, 2008
Thursday, August 14, 2008
Substances in Suiciders
The presence of a substance in a suicider should end the case. Getting high should not get rewarded with a money settlement.
Wednesday, August 13, 2008
Nice Post for the Public On Irresponsible FDA Warning on Anti-Depressants
These irresponsible officials allowed themselves to be bullied by vicious Scientology sponsored ideologues. They should immediately resign, all of them.
Nancy Grace Showed Stressed Guest, She Committed Suicide
The guest may or may not be innocent. If guilty, her estate should not be rewarded with a money settlement.
Nancy Grace has immunity from the First Amendment Free Speech Clause, Freedom of the Press Clause. The plaintiff was a public figure per se. Any tort claim must overcome insurmountable NY Times barriers to defamation and intentional infliction of emotional distress, namely proof of actual malice. Actual malice means the defendant must admit knowledge of the falsehood of any allegations.
For the past 1000 years, the suicide act broke the chain of causality between defendant conduct and the death. The suicide is an intentional act by the plaintiff. In the past decade, appellate courts have made exceptions to this view for defendants who held themselves out to have special skills (therapists), had control of the body (jailers), or had special duties to the plaintiff (psychiatrists). These special duties are bogus and anti-scientific themselves. However, let's assume they are correct. Did Nancy Grace have any special duty to the plaintiff? Did she have any power over the defendant?
Should the immature response of the plaintiff get compensated?
Nancy Grace has immunity from the First Amendment Free Speech Clause, Freedom of the Press Clause. The plaintiff was a public figure per se. Any tort claim must overcome insurmountable NY Times barriers to defamation and intentional infliction of emotional distress, namely proof of actual malice. Actual malice means the defendant must admit knowledge of the falsehood of any allegations.
For the past 1000 years, the suicide act broke the chain of causality between defendant conduct and the death. The suicide is an intentional act by the plaintiff. In the past decade, appellate courts have made exceptions to this view for defendants who held themselves out to have special skills (therapists), had control of the body (jailers), or had special duties to the plaintiff (psychiatrists). These special duties are bogus and anti-scientific themselves. However, let's assume they are correct. Did Nancy Grace have any special duty to the plaintiff? Did she have any power over the defendant?
Should the immature response of the plaintiff get compensated?
Saturday, August 2, 2008
Suicide Compensable by Workmen's Compensation
The patient suicided to end his chronic pain. In the past, it would be deemed an intentional self-injury. Now, it is the result of a work injury, and the family must be paid for the duration of the contract.
1) If you pay for things, they will increase. Unlike the opinion of the clueless experts, the reality is otherwise.
2) The family will lose its compensation motivation to keep the patient alive. They will be more likely to encourage a suicide, to get rid of the burden and to collect on the payments.
3) The ruling will set a precedent that suicide is not an intentional act. That will generate much mischief in non-compensation cases.
1) If you pay for things, they will increase. Unlike the opinion of the clueless experts, the reality is otherwise.
2) The family will lose its compensation motivation to keep the patient alive. They will be more likely to encourage a suicide, to get rid of the burden and to collect on the payments.
3) The ruling will set a precedent that suicide is not an intentional act. That will generate much mischief in non-compensation cases.
Monday, July 28, 2008
Suicide and the Internet Report
If methods or information about methods gets disseminated, the logic is that suicide gets easier and more common.
Sunday, July 27, 2008
Teacher Duty to Report Suicide Statements
Limited to present remarks, not to past diary entries. Carrier v Lake Pend Oreille Sch. Dist, No. 84, 134 P.3d 655 (Idaho 2006).
Physician Suiciders Were Not Treated Enough
This repeats the point of what works. Air Force style reporting and mandated treatment of the underlying disorder.
Tuesday, July 22, 2008
Time Trends in High School Survey of Suicidal Acts and Ideas
General trend has been to decrease over the past decade.
Monday, July 21, 2008
Sunday, July 20, 2008
Thanks for the Business, But This is a Waste of Time
Young people rarely commit suicide. Every discouraged word will now require a wasteful evaluation.
It would be far more useful to provide 2 hours of training yearly to all employee supervisors, and to all staff where elderly people live. They have high rates of suicidal urges and completions.
It would be far more useful to provide 2 hours of training yearly to all employee supervisors, and to all staff where elderly people live. They have high rates of suicidal urges and completions.
Welcome, Marine Corps. This Worked for the Air Force 10 Years Ago
Reporting and treatment of the diagnosis, are the sole effective preventive remedy.
Hostage of Terrorists Kills Himself
Once one has decided to commit suicide, one is liberated. A lawsuit for the suicide, against Shiite institutions promoting kidnapping would not have validity. However a lawsuit for the kidnapping certainly seems proper.
Classic Inverse Correlation Between Violence and Suicide
War decreases suicide by sending impulsive, violent people to die in battle, disproportionately. Now that violence is subsiding in Kashmir, the incidence of suicide has increased.
Friday, July 18, 2008
Thursday, July 10, 2008
Indicia of Good Faith in Expert Testimony
We argued that experts testifying in good faith to opposing views implied a scientific controversy. The court was not competent to resolve it. Only additional data can resolve a scientific controversy. Presumably, if the data were easy to get, one of the experts would change opinion and end the case. We argued the court should restrict itself to question within the knowledge of the jury.
Question. Are there indicia of good faith testimony and reliability?
1) Experts should have used the same facts, and had an opportunity to enumerate them to each other, as in depositions.
2) The fees should be within a third of each other. If one fee is 50% higher or more, there is a temptation to please, by testifying in bad faith. The higher fee should be reduced by the judge, to insure absence of temptation.
3) The testimony work of the expert should be below a set fraction of total income. The expert may testify under oath, without providing tax documents. I am going to arbitrarily set the maximum at 10%. If I lose that fraction, I am starting to sweat about the bills. I am open to
argument about another fraction.
4) Prior inconsistent statements. In a similar case, with the same outcome, harm, and facts, the expert testified otherwise. OK. What explains the change? In the absence of new research data, or substantive personal experience, a prior inconsistent statement is a sign of bad faith.
4a) All the records of all the similar cases treated by the expert should be subpoenaed. If the expert failed to follow his own asserted standard of due care, a mistrial should be declared. The expert should be made to pay the expenses of both sides, and of the court, as a perjurer.
5) Repeated testimony for an attorney, or for only one side. If there is a lucrative and prolonged relationship with an attorney or one side, that is a sign, the expert does not want to end his meal ticket, and will shade his opinion to please his good customers.
Other indicia welcome. If an expert fails one of these indicia, the case should end. If the judge does not want to end the case, it may be proper for the judge to instruct the jury to discount the validity of the testimony by the strength of the failing indication.
Question. Are there indicia of good faith testimony and reliability?
1) Experts should have used the same facts, and had an opportunity to enumerate them to each other, as in depositions.
2) The fees should be within a third of each other. If one fee is 50% higher or more, there is a temptation to please, by testifying in bad faith. The higher fee should be reduced by the judge, to insure absence of temptation.
3) The testimony work of the expert should be below a set fraction of total income. The expert may testify under oath, without providing tax documents. I am going to arbitrarily set the maximum at 10%. If I lose that fraction, I am starting to sweat about the bills. I am open to
argument about another fraction.
4) Prior inconsistent statements. In a similar case, with the same outcome, harm, and facts, the expert testified otherwise. OK. What explains the change? In the absence of new research data, or substantive personal experience, a prior inconsistent statement is a sign of bad faith.
4a) All the records of all the similar cases treated by the expert should be subpoenaed. If the expert failed to follow his own asserted standard of due care, a mistrial should be declared. The expert should be made to pay the expenses of both sides, and of the court, as a perjurer.
5) Repeated testimony for an attorney, or for only one side. If there is a lucrative and prolonged relationship with an attorney or one side, that is a sign, the expert does not want to end his meal ticket, and will shade his opinion to please his good customers.
Other indicia welcome. If an expert fails one of these indicia, the case should end. If the judge does not want to end the case, it may be proper for the judge to instruct the jury to discount the validity of the testimony by the strength of the failing indication.
Sunday, July 6, 2008
What Should Come Before a Deposition?
1) As much discovery as possible. This includes all e-discovery of the plaintiff, of the family, and of the plaintiff lawyer. If the judge has shown hostility to the defense by adverse rulings, request e-discovery of the judge. E-discovery includes all computers, cell phones, and anything electronic used by the plaintiff side. In addition to total e-discovery, all medical and psychiatric records should be obtained of the plaintiff and of the family if possible. Because relationships often cause suicide, information should be gathered about those with whom the victim had conflicts.
2) This information should be summarized or provided entirely to the prospective experts. The expert should come up with a set of questions to be asked in the deposition to assist in determining an opinion. These include additional information needed, information to clarify ambiguous situations. If the other side has taken depositions, these should be reviewed by the expert as well.
2) This information should be summarized or provided entirely to the prospective experts. The expert should come up with a set of questions to be asked in the deposition to assist in determining an opinion. These include additional information needed, information to clarify ambiguous situations. If the other side has taken depositions, these should be reviewed by the expert as well.
Friday, July 4, 2008
Guns and Suicide - References
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 | The association between changes in household firearm ownership and rates of suicide in the United States, 1981-2002. Inj Prev. 2006 Jun;12(3):178-82. PMID: 16751449 [PubMed - in process] | |
| 2: | Hemenway D, Miller M. | Related Articles, Links |
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