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Pastimes : The New Qualcomm - write what you like thread. -- Ignore unavailable to you. Want to Upgrade?


To: Ramsey Su who wrote (6130)4/5/2003 11:21:56 AM
From: Jon Koplik  Respond to of 12246
 
California sucks / I hate California / reason # 8000 why anyone who can "escape" California should do so (I did back around ten years ago).

Jon.

*********************************************************

(From the New York Times) :

Law Firm Accused of Frivolous Suits

April 5, 2003
By JONATHAN D. GLATER

LOS ANGELES, April 4 - Last September, Jacci Fletcher and
her husband, Ken, found a 200-page lawsuit against their
auto repair firm sitting on the counter of their shop in
Arcadia, Calif.

"Nobody even saw who dropped it off," Ms. Fletcher said.
"Nobody seemed to know where it came from."

The suit, which said an error on a work order had violated
a state regulation, came from the Trevor Law Group, a
three-member firm in Beverly Hills that has sued thousands
of small businesses under a broad California law, Section
17200 of the Business and Professions Code, that permits
anyone to file a lawsuit on behalf of the public, but
allows only for restitution, not damages.

The firm would file suit, then offer to settle for
thousands of dollars, the state attorney general's office
said.

Now the attorney general has filed a civil lawsuit against
the firm, accusing it of filing frivolous lawsuits. The
state bar association is seeking to disbar the firm's
lawyers, and business groups seeking to make it harder to
sue companies have seized on the Trevor Law Group as
Exhibit A in their case that the law needs to be changed.

"The law firm sent letters that were extortionate to
businesses demanding settlements," Attorney General Bill

Lockyer said. "We've asked for complete restitution to
anyone that sent in settlements, and also a $1 million fine
against Trevor."

Kevin Gerry, a lawyer representing the Trevor Law Group,
disputed the claim that the lawsuits were frivolous,
arguing that the judges handling those suits should make
that determination. So far, no lawsuit has gone to trial,
he said.

"These cases are being actively prosecuted," Mr. Gerry
said.

Ms. Fletcher said that she, her husband and their business
partner could not understand why they were sued. The first
thing Ms. Fletcher, a former legal secretary, did was talk
to a customer who was a lawyer; then she called a former
customer who was a former district attorney. She learned
that what the Trevor group was doing was legal and that
fighting the lawsuit could be expensive.

"What they had done was access the state Web site for
anybody that had been written up for a notice of
violation," Ms. Fletcher said. Her company, Arcadia
Ultimate Automotive Repair, in 10 years had one run-in with
a customer that resulted in such a notice, she said.

"There was no fine involved," she said. But the Trevor
lawyers wanted all the money that the company had made
since the time of the notice, or close to $4 million,
arguing that that would be appropriate restitution in the
case, she said.

Ms. Fletcher took her concerns to the attorney general and
to the California Civil Justice Center, an organization
dedicated to changing tort laws. It turned out that
numerous small businesses had been hit by Trevor Law Group
lawsuits, and the state took action with its own lawsuit in
February.
Trevor's lawyers looked for public records that showed a
business had violated some state regulation by, for
example, not having a valid license. Those sued were often
auto repair companies, whose various rule violations were
posted on the Bureau of Automotive Repair's Web site. They
are not posted anymore, Mr. Lockyer said.
Trevor would sue or threaten to sue the business for
whatever violation, and would send a letter offering to
settle and so save the company the cost of defending
itself. Settlements might be for a few thousand dollars or
for more than $20,000.
"They knew they wouldn't want to spend the money to
litigate the case," said Greg Koltun, a partner in the Los
Angeles office of Morrison & Foerster, who has followed the
case and once dealt briefly with one of the Trevor lawyers.
"The whole thing is disgusting."
Mr. Gerry, the lawyer representing Trevor, said the firm
was simply using lawsuits to help make sure state licensing
requirements were met.

"What the Trevor office does is enforce the license
obligation in such a way that you won't be a repeat
offender," he said, adding that the firm believes that
California does not do enough to punish companies that
violate state regulations.

Just last week, a state court judge dismissed several
lawsuits brought by the law firm because, the judge found,
each named too many defendants - more than one thousand
companies. Mr. Gerry said the firm's three members - Damian
S. Trevor, Allan C. Hendrickson and Shane Chang Hahn -
would appeal the ruling.

The case has entranced lawyers in this city.

"It's a
pretty big issue," Mr. Koltun said. "It's been on talk
shows. It started from the ground up, and it gained a lot
of momentum in the press and then went to the attorney
general's office."

But the suits are making life complicated for lawyers
representing clients with legitimate complaints, said
Martin Anderson of the Anderson Law Firm, a small firm in
Santa Ana, Calif. "Judges are hearing about these types of
suits and they're kind of assuming that everybody is in
that same ballpark," he said.
The actions taken by the Trevor lawyers give the profession
a bad name, Mr. Lockyer said. "That's partly why many
lawyers and the state bar have reacted to the practice as
exploitive and unprofessional."
All the attention to the Trevor Law Group makes it more
likely that the law that was the basis of the lawsuits
could be changed, and that law is one of the strongest
pro-consumer laws in the state, Mr. Anderson said.

"There are all these proposals now to gut 17200," he said
of the California statute used by Trevor. "This is the
latest in a series of attacks."
Interestingly, the attorney general's lawsuit against the
Trevor Law Group relies on the same consumer protection
law. The law allows a plaintiff to recover only money paid
to a company found guilty of wrongful conduct and not legal
fees or punitive damages, Mr. Anderson said.

The problem was not the underlying law, Mr. Lockyer said,
but the lawyers who were taking advantage of it.

"Certainly there are some certain business groups that
think the current law is overly broad," he said. "I don't
agree with that, but I'd be happy to find a way to screen
out the junk lawsuits. Unfortunately, it's hard to craft
that law. It's really the job of a judge."

Copyright 2003 The New York Times Company.



To: Ramsey Su who wrote (6130)4/5/2003 5:26:13 PM
From: Jon Koplik  Respond to of 12246
 
NYT -- Typhoon Near Equator (unusual, appparently ...)

April 5, 2003

Scientists Dissect Typhoon Near Equator

By THE ASSOCIATED PRESS

Filed at 6:31 a.m. ET

WASHINGTON (AP) -- Weather scientists are dissecting a
western Pacific Ocean typhoon that drove home the warning
``never say never'' by occurring where such storms aren't
supposed to happen.

Typhoon Vamei formed in the South China Sea in late
September, 2001, about 100 miles north of the Equator.

``The belt 300 kilometers (180 miles) on either side of the
equator has been considered tropical cyclone-free,'' a team
of researchers from the Naval Postgraduate School in
Monterey, Calif., reports in the online edition of the
journal Geophysical Research Letters. This is because the
Coriolis effect, by which the earth's rotation gives spin
to the wind, is weakest near the equator. In other regions,
that spin can more often help form an extreme circular wind
storm, known as a typhoon, tropical cyclone or hurricane.

Vamei ``was the first recorded tropical cyclone formation
within 1.5 degrees (of latitude, or about 104 miles) of the
equator,'' the researchers said.

Indeed, records going back to 1886 in the Atlantic and 1945
in the Pacific show the closest previous tropical cyclone
to the equator was 3.3 degrees for Typhoon Sarah in 1956.
One degree of latitude measures about 69 miles, placing
Vamei just over 100 miles from the equator.

Typhoon Vamei developed when a weak low pressure area
drifted into the South China Sea from the area of Borneo
and remained for several days, interacting with a
persistent cold surge. The combination generated the
turning needed to form the storm, the researchers said.

They estimated the probability of that happening again at
once in 100 to 400 years.

Stacy Stewart, a hurricane specialist at the National
Hurricane Center in Miami, said that words like ``rarely''
should be used when speaking about tropical cyclone
formation close to the equator, ``and never the word
'never'.''

The reason for the generality about tropical storms not
forming close to the equator is that in the Atlantic the
type of low pressure centers that last long enough to turn
into a hurricane rarely occur even within 10 degrees of the
equator, said Stewart, who previously worked at the U.S.
Joint Typhoon Warning Center in the Pacific.

The Monterey team led by C.P. Chang concluded that because
cold surges of the type that spurred Vamei reach deepest
into the tropics in the South China Sea, ``it is unlikely
that such a tropical cyclone formation scenario can take
place elsewhere along the equator.''

But Stewart isn't so sure.

While Vamei was rare, it
certainly could happen again, he said

``While the unique geography of Borneo may have helped to
spin up the incipient disturbance, I don't feel that this
is necessarily unique to only the South China Sea area,''
he said. ``Similar topographical features exist south of
the equator throughout Indonesia from Sumatra east to New
Guinea, and also in the northern hemisphere west of
Colombia.''

^------

On the Net:

American Geophysical Union:

agu.org

Copyright 2003 The New York Times Company.



To: Ramsey Su who wrote (6130)4/18/2003 10:36:53 AM
From: Jon Koplik  Respond to of 12246
 
Man Drinks, Falls Asleep in Wrong House

April 16, 2003
By THE ASSOCIATED PRESS



Filed at 11:22 a.m. ET

LONDON (AP) -- A man who'd had too much to drink on a night
out stumbled home and fell asleep -- in a house where he
had last lived seven years ago, police said Wednesday.

Police were called when teenager Giles Mottram came home
early Sunday morning to find Mark Norley asleep in his bed
in Axbridge, southwest England.

Norley, a 34-year-old research scientist, was taken by
police to his mother's home nearby ``to sleep it off,'' a
spokesman for Avon and Somerset Police said.

He wasn't charged.

``The police said they had simply
never heard of anything even remotely similar,'' said
homeowner Harry Mottram.

``It was like a kind of latter-day Goldilocks and The Three
Bears, except the sleeping drunk had dark hair and we are
not a family of woodland bears.''

Copyright 2003 The New York Times Company.



To: Ramsey Su who wrote (6130)4/18/2003 10:37:50 AM
From: Jon Koplik  Respond to of 12246
 
Kuwait Ships Aid to Feed Iraq Zoo Animals

April 18, 2003
By THE ASSOCIATED PRESS



Filed at 5:44 a.m. ET

KUWAIT CITY (AP) -- As the war in Iraq winds down,
attention is turning to one group of forgotten victims: the
animals at Baghdad's zoo.

Weakened before the war by lack of food and medicine blamed
on years of U.N. sanctions, the animals' lives were
endangered during the conflict by the placement of an Iraqi
gun battery on the zoo's grounds, opening it to destruction
by U.S. military attack.

The zookeepers fled, leaving the lions, bears, monkeys,
camels and other charges without food and water. Since
Saddam Hussein's regime was toppled, the zoo has been
looted. U.S. troops have been feeding some animals from
their rations.

Moved by their plight, Kuwait shipped seven tons of frozen
meat, fruit, vegetables and feed by truck to Iraq on Friday
in an effort to save animals that haven't yet died or
escaped from their cages to roam the streets of Baghdad.

``This represents two to four weeks of food for the Baghdad
zoo,'' said Jim Fikes, an Army reservist who put together
the shipment with the Humanitarian Organizing Committee in
Kuwait City, which handles connections between charities
and the U.S. military.

``It comes from a request that I got through the military
chain,'' Fikes said. ``My understanding is that there's a
serious shortage of food. It was considered urgent.''

When zookeepers fled, animals were left inside cages with
no food or water. Looters stole birds and non-threatening
mammals and opened the monkey cages, setting them free to
roam the city.

U.S. forces in Baghdad have described coming across the
forgotten animals -- including weakened lions stumbling
throughout the compound. They fed some of them crackers,
noodles and meat from their ration packs.

The troops slaughtered pigs penned at the zoo site and
butchered a dead wolf to feed the lions and tigers. But it
couldn't go far -- a lion consumes 18 pounds a day.

Running water has not been restored to the zoo, and
soldiers and Iraqis have trucked it in to the animals.

Consulting zookeepers in Kuwait about the animals' dietary
needs, Fikes and the Kuwaiti government rounded up sacks of
apples, carrots, potatoes, lettuce, grain, bales of hay and
crates of frozen, boneless meat for shipment to Baghdad.

A single truck, with a sign stating that the shipment was a
gift from Kuwait to the people of Iraq, left Kuwait City on
Friday morning and was to pick up a military convoy at the
border for the daylong drive to the Iraqi capital. A U.S.
military veterinarian will accompany it.

Non-governmental organizations are inquiring about helping,
Fikes said, but Baghdad is not yet secure enough for them.

For now, the Kuwaiti shipment will be enough. Fikes
expressed hope that as Baghdad's markets reopen, fruit and
vegetables can be purchased within the city to keep the
non-carnivores alive.

The creatures were vulnerable before the war. Sanctions
imposed in 1991 after the Gulf War made specialized food
and medicines difficult to import. The worthless Iraqi
currency meant entry fees could not cover operating costs.

Iraq's invasion of southern neighbor Kuwait triggered the
war 12 years ago. Kuwait allowed U.S. and British troops to
stage their recent invasion from its soil.

The Kuwaiti government has been at pains to let Iraqis know
the war was not against them, but against Saddam. Kuwait
has been at the forefront of aid shipments into Iraq, more
willing to risk danger zones than many international
organizations.

``It's very important that this food gets up there,'' said
Abdullah Onlanzi, the Kuwaiti coordinator for the shipment.
``We see this as being for Iraqi kids. Zoos are mainly for
kids. In a way, we're helping them as much as the
animals.''

Copyright 2003 The New York Times Company.



To: Ramsey Su who wrote (6130)4/18/2003 10:53:28 AM
From: Jon Koplik  Respond to of 12246
 
4/15/03 NYT piece on SARS / "superspreaders"

************************************************************

How One Person Can Fuel an Epidemic

April 15, 2003
By DONALD G. McNEIL Jr. and LAWRENCE K. ALTMAN

A child in China so infectious that he is nicknamed "the
poison emperor." A Chinese doctor who infects 12 fellow
guests in his Hong Kong hotel, who then fly to Singapore,
Vietnam and Canada. An elderly Canadian woman who infects
three generations of her family.

Watching as the mysterious illness called severe acute
respiratory syndrome hopped around the world and exploded
in new outbreaks, epidemiologists began to ask themselves
an unsettling question: is it carried by "superspreaders"?

The notion that some people are hyperinfective, spewing
germs out like teakettles while others simmer quietly like
stew pots, has been around for at least a century, ever
since Typhoid Mary became notorious in 1907.

For some diseases, including tuberculosis, smallpox and
staphylococcus infections, superspreaders definitely exist.
They have been variously called "superinfectors,"
"supershedders" and even "cloud cases" for the mist of
invisible droplets trailing them.

But while there are anecdotal case studies of individuals
behind some outbreaks, there is little concentrated
research in the field. "There hasn't been enough time,
thinking and probing" to hazard more than a guess as to why
superspreaders are responsible for so much of the spread of
SARS, said Dr. Donald A. Henderson, the epidemiologist who
led the global eradication of smallpox.

Dr. Joshua Lederberg, emeritus professor of microbiology at
Rockefeller University and a Nobel laureate in medicine,
said there were many hypotheses - for instance, that
superspreaders are partly resistant to the disease they
spread. But he added, "It's epidemiological conjecture."

As several experts pointed out, it is hard to describe how
a disease spreads when its cause has not even been nailed
down; in the case of SARS, a coronavirus is still just a
prime suspect. Moreover, no one knows the answers to basic
questions about disease transmission - why, for example,
AIDS is transmitted by blood but not by coughing, while
tuberculosis is usually the opposite.

Several SARS patients have infected more than 30 people,
according to the World Health Organization. The biggest
reported superspreader is a 26-year-old airport worker
admitted to Prince of Wales Hospital in Hong Kong in early
March. He infected 112 people, including every doctor and
nurse who treated him.

Doctors suspect the cause was a jet nebulizer that sprayed
medicated mist deep into his phlegm-filled lungs four times
a day for seven days. The mist expanded his lungs and was
itself exhaled.

"You put someone with a viral infection in their lungs on a
nebulizer - well, yeah, you're going to spread the
disease," said Dr. Susan C. Baker, a professor of
microbiology at Loyola University of Chicago. "The air that
goes in has to come out."

That, experts said, is a good example of a leading theory
about superspreaders - that their infective powers are not
genetic, but are due simply to unhappy coincidences. They
have shedding sores in the throat that make their coughs
extra deadly. They have no symptoms and feel well enough to
go out. They have an occupation like flight attendant,
doctor or prostitute that involves close contact with many
strangers. Or they get sick while in a group of people with
low resistance.

In many outbreaks, said Dr. Jack M. Gwaltney Jr., an expert
in the common cold at the University of Virginia, children
are the spreaders.

Referring to a well-known study of a cold outbreak at the
Eagle Heights Apartments in Madison, Wis., and to an early
theory that the outbreak of more than 300 SARS cases in the
Amoy Gardens apartment complex in Hong Kong was spread by
cockroaches, he said: "Don't blame the cockroaches. In
Wisconsin, it wasn't the cockroaches, it was the kids."

But neither children nor cockroaches are suspects at Amoy
Gardens now. The leading theory is that leaking sewage
contaminated sidewalk puddles. Residents walked through
them, then took off their shoes and picked up the disease
by touching their faces or eating without washing their
hands. Many viruses are shed in feces, famously including
polio, which can spread to diaper-changing parents.

Whoever put SARS in the Amoy Gardens sewage pipes - and one
regular visitor was a dialysis patient at the Prince of
Wales Hospital while the airport worker was on the
nebulizer - would be a superspreader, with the help of
rusty pipes.

Some people become superspreaders because they contact many
others in the hours before symptoms develop. A famous case
of the superspreading of smallpox was described in 1913: a
man who took two trains across England, and was said to
have infected nearly 100 people en route. No one in his
compartment noticed any rash on his face.

Another theory is that some people have more contagious
strains. Flu viruses mutating between animals and humans
can become more or less infectious, said Dr. Megan Murray,
a professor of epidemiology at the Harvard School of Public
Health. The Norwalk virus, found on cruise ships, is highly
infectious.

But in tuberculosis outbreaks, for example, what matters is
not the strain but whether the carrier has a throat
infection or, more commonly, lung cavities. The oxygenated
bacteria grow faster, "so they cough up huge amounts," said
Dr. James Plorde, an infectious disease expert with the
University of Washington.

A famous tuberculosis superspreader, described in The New
England Journal of Medicine in November 1999, was a
9-year-old boy in rural North Dakota, an immigrant from the
Marshall Islands, who in 1997 and 1998 infected his family
and 56 schoolmates. The boy had deep cavities in his lungs,
while his twin brother, who was two inches taller and 11
pounds heavier, had a mild case and was not infectious.

Some populations are genetically more susceptible, so the
first carrier to get it often becomes a superspreader. For
example, Dr. Plorde said, "people of European descent
handle TB much better than American Indians - presumably
because their genetic stock survived more epidemics of TB."

Also, a second infection can turn someone with a mild
primary illness into a superspreader.

In 1996, the journal Annals of Internal Medicine described
an experiment conducted after an outbreak of
antibiotic-resistant staphylococcus in a hospital's
surgical intensive-care unit. Of 64 people tested, one
medical student was found to have staph germs in his nose
that matched those infecting eight patients. He had a mild
cold during the week the patients were infected, he said.

Since he was healthy again, his dispersal of staph germs
was tested, and was unremarkable. Then, with his
permission, he was given another cold. Three days later,
his sneezes were tested, and he was spraying out 40 times
as much bacteria.

Secondary infections are thought to be part of the rapid
spread of AIDS in Africa. The virus spreads much more
rapidly in populations where untreated genital sores are
common.

Gaetan Dugas, the gay airline attendant blamed for much of
the early spread of AIDS in North America who was dubbed
Patient Zero in Randy Shilts's book "And the Band Played
On," would be considered a superspreader like Typhoid Mary
because he willfully infected others. The book says he even
taunted some men he had slept with by pointing to the sores
on his arm and saying, "gay cancer - maybe you'll get it."

Mary Mallon, or Typhoid Mary, infected as many people as
she did because she never got sick enough to stop working,
and she refused to quit her chosen occupation: cook.

"If she'd been an epidemiologist or a reporter," observed
Dr. James Curran, dean of Emory University's school of
public health, "she wouldn't have been Typhoid Mary."

Copyright 2003 The New York Times Company.