Chris Placitella Blog » Community

Facebook lawsuit- estranged spouses beware

Chris — Mon, 07 Nov 2011 17:01:02 +0000

CASE OF FAKE FACEBOOK PROFILE CAN PROCEED, JUDGE RULES
A woman accused of impersonating her boyfriend on a fake Facebook page and posting inflammatory comments can be prosecuted for identity theft, a judge ruled last Wednesday in a case that could have wider implications for cyber-speech. Dana Thornton was indicted last year on one count of fourth-degree identity theft, a crime punishable by a maximum 18-month prison term upon conviction. Assistant Prosecutor Robert Schwartz said she created the Facebook page using photos and personal information about her ex-boyfriend, a police detective in northern New Jersey, and posted comments purported to be from him. At issue is a New Jersey law that makes it illegal to impersonate someone “for the purpose of obtaining a benefit for himself or another or to injure or defraud another.”

N.J. Nurses’ Suit Against Hospital Says They’re Forced To Help With Abortions

Chris — Mon, 07 Nov 2011 16:52:40 +0000

A dozen nurses are suing the University of Medicine and Dentistry of New Jersey, alleging they are required to assist with abortions in spite of their religious and moral objections

What do you think?

This is why the federal jobs bill is not passing?

Chris — Sat, 15 Oct 2011 21:29:39 +0000

House Minority Leader pictured standing, far right, speaks while colleagues play solitaire Monday night as the House convened to vote on a new budget. (AP)

The guy sitting in the row in front of these two….he’s on Facebook, and the guy behind Hennessy is checking out the baseball scores.

These are the folks that couldn’t get the budget out by Oct. 1, and are about to control your health care, cap and trade, and the list goes on and on….
Should we buy them larger screen computers – or - a ticket home, permanently?

This is one of their 3-DAY WORK WEEKS that we all pay for (salary is about $179,000 per year).

KEEP THIS GOING! DON’T LET IT STOP WITH YOU

Lawyers Need to Behave or Else

Chris — Mon, 10 Oct 2011 13:54:21 +0000

No Recourse for Lawyer Stalked by Ex-Client She Dated
An appellate ruling serves as a lesson to attorneys that getting romantically involved with a client — never a good idea to begin with — can be particularly perilous in a matrimonial case, where parties are often distraught and unstable

Belief in yourself

Chris — Sun, 09 Oct 2011 01:16:00 +0000

This week marked the passing of Steven Jobs. Perhaps one of his greatest contributions to our children is the example of how to persevere through failure and follow your heart. This video is worth watching:

Is the Political Rhetoric of Sarah Palin Like “Shouting Fire in a Crowded Theater”

Chris — Mon, 10 Jan 2011 20:31:54 +0000

On Saturday, January 8, 2010, our country was horrified by the reports of the politically motivated senseless killing of innocent people in Tucson Arizona including a nine year old child and a federal judge. Congresswomen Gifford continues to fight for her life. The circumstances giving rise to this devastation in mortality and injury has sparked a debate about the viral effects of what some people consider the reckless use of free speech over the internet by political leadership. There are serious accusations being leveled over the internet rhetoric of Sarah Palin’s placing a bull’s-eye over the congressional district of Congresswomen Gifford and encouraging her followers to “Reload” in their fight for conservative values. The following are but a few examples of the already thousands of postings (They are worth reviewing):

http://www.youtube.com/watch?v=R7046bo92a4&feature=related ;

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439×150390 ;

http://twitter.com/sarahpalinusa/status/10935548053

The limits of the first amendment continues to be one of the most hotly debated issues of our time . In the case of Schenck v. United States, Oliver Wendell Holmes articulated the often quoted metaphor of falsely “shouting fire in a crowded theater” to distinguish between speech which is dangerous and false from speech that is truthful but dangerous.The quote is used as an example of speech which is claimed to serve no conceivable useful purpose and is extremely and imminently dangerous. The First Amendment holding in Schenck was later overturned by Brandenburg v. Ohio, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). Despite Schenck being limited, the phrase “shouting fire in a crowded theater” has since come to be known as synonymous with an action that the speaker believes goes beyond the rights guaranteed by free speech, reckless or malicious speech, or an action whose outcomes are blatantly obvious.

When someone falsely shouts fire in a crowded theater everyone expects that the majority of people, although excited, will act rationally and in an orderly fashion. It is recognized, however, that there may be some people that will over react and may even act violently under the stress of the moment. In some ways, we have through unchecked rhetoric from all sides created a crowded theater full of emotion predicated upon fear. The right to healthcare, immigration and the reasons for unemployment are common vehicles for misinformation that fuel those fears. Thus, the Tucson shootings did not occur in complete isolation. In the months leading up to the recent elections, the fervor and even the success of political movements were measured in part by the anger and even violence that erupted in town meetings hosted by congressional leaders. Hateful and angry speech that pierced otherwise peaceful political rallies was highlighted in the media. You did not have to look very far to see finger pointing and accusations being leveled by political leaders from all sides accusing one another of ill will and even worse. To some, the pressure building in Tucson was palpable.The murders in Tucson where preceded by vandalism and even death threats.

While I am often at odds with the politics of Sarah Pailin, no one can seriously contend that it was her intention to motivate a disturbed young man to take the lives of innocent people. No doubt it pains her greatly in the privacy of her own heart to even fathom that she could have had any affect on these circumstances. Sarah Palin’s critics are hard pressed to prove that there is a direct relation between the shootings in Tucson and any of the conservative rhetoric at issue. The question remains, however, how far a political leader should should rightfully go when invoking images or metaphors that can be used as an excuse or motivation by people for violent politically motivated actions.

In a civil liability and even in the criminal context, the person responsible for inciting the irrational acts of others by screaming fire in a crowded theater is on notice that he or she may be held accountable. So too should political leaders who choose to deliver emotional messages with incomplete or misleading information intended to invoke an emotional response be aware that there are fragile and unstable people that may violently react in a way that was unintended. This is especially true when the environment has been emotionally charged to the point where violence and death threats are already part of the events preceding the politician’s rhetoric. In my opinion, Sarah Palin and her advisors used poor judgment and she will have to live with whatever conclusions she reaches about the effect of her actions. But to focus the blame on Sarah Palin is wrong. The blame is to be shared by everyone who contributes to the polluted atmosphere of disinformation that invokes fear, distrust and anger.

As a society, we condemn violence as a vehicle for accomplishing social change. Every year we celebrate Martin Luther King day as a testament to that principle. As a people we should seize the moment in the memory of those innocent people who needlessly died last Saturday and insist that our leaders do better. To our leaders, please focus the hearts and minds of Americans on solving the difficult issues that we face with truth and compassion. As the new Congress takes shape, please work in our best interest, not motivated by the need to be re-elected or to obtain or maintain control of power. Eliminate the crowded theater of anger, partisan politics, and fear. If you do that, these innocent people who lost their lives shortly after the birth of the new year will not have died in vain.

Asbestos On Broadway- Mesothelioma Preview

Chris — Tue, 14 Dec 2010 19:13:32 +0000

A number of years ago the famous actor Steve Mcqueen died from mesothelioma a form of cancer only caused by exposure to asbestos. At the time there was much speculation about the source of his exposure. Was it the snow that was used as a prop that was really asbestos? Was it the theater curtains he moved around? Several years later I was visiting London with my family and attended a play in the London Theater district. I was fortunate to sit close to the stage. As the band was warming up I noticed what appeared to be asbestos curtains. I knew this from my experience representing mesothleioma victims. So I went for a closer look. Sure enough the tag was still on the curtains indicating they were in fact made from asbestos and manufactured by a company known as Amatex. I thought to myself how primitive. These Brits obviously dont worry about these things the way we do. The show was great and the people in London could not have been nicer.

This week I learned that there is a case pending in NY City of a person who claims to have developed mesothleioma from theater curtains. My first response was that this must have been a result of exposure to curtains removed long ago. Asbestos curtains must have been reomoved from Broadway long ago? Well apparently that is not the case. Apparently asbestos curtains will be removed from Broadway in 2011 in accordance with the following schedule:

Schoenfeld Theater – 236 West 45th Street New York, NY – January 7 at 10 am.

· Music Box Theater – 239 West 45th Street New York, NY – January 21 at lOam.

Here is a portion of the letter from the asbestos defense lawyer:

Now everyone is on notice.

Hmm. Those Americans-how primitve!

Why Health Care Costs Are Out of Control-Ask the Drug Companies

Chris — Sat, 30 Jan 2010 14:15:41 +0000

US judge rules nine pharmaceutical companies overcharged for drugs
by Mark Todoruk

A federal judge ruled that nine companies, including Pfizer, Merck & Co., Novartis, Teva and Mylan, illegally sought to increase market share by selling drugs to physicians at discounts to average wholesale prices, Bloomberg reported on Thursday. US District Judge Patti Saris said the drugmakers “attempted to obtain payment from public funds on behalf of [healthcare] providers by means of a materially false statement or representation” about the prices of nine drugs.

Commenting on the case, which was filed by New York City and 42 counties in the state, Saris said “there is simply no evidence that defendants believed that the prices they reported were even true list prices.” Experts testifying for the plaintiffs indicated that records show that wholesale acquisition costs reported by the drugmakers were consistently more than 50 percent above actual acquisition costs, and sometimes more than 1000 percent above.

Spokesmen for Pfizer and Merck indicated the companies are considering appealing the ruling, which is Saris’ latest decision in the nine-year litigation over average wholesale prices. Ron Rogers of Merck said the drugmaker “and other defendants in no way benefited from these rates as they do not receive reimbursement from Medicaid.”

Pfizer’s Chris Loder said the company “disputes that any pricing information provided by its Wyeth subsidiary regarding its prescription drugs caused [the plaintiffs] to overpay.” He added that “no one was misled,” as the decisions at issue in the judge’s ruling were informed choices made by the federal government with awareness of prices being paid in the market

Consumer Report: Bacteria Found in Chicken-Be careful

Chris — Thu, 10 Dec 2009 16:22:18 +0000

Report: Bacteria in chicken too high

Consumer Reports latest tests, released today, of 382 whole chickens bought from more than 100 stores in 22 states, found that two-thirds harbor disease-causing bacteria—salmonella, campylobacter or both (read the full report). While one name brand, Perdue, and most air-chilled organic chickens were significantly less contaminated than Foster Farms and Tyson brand chicken, consumers still need to be extremely vigilant in handling and cooking chicken.

Holidays for the Homeless

Chris — Sat, 05 Dec 2009 18:35:39 +0000

The economic downturn has placed a strain on millions of Americans. The number of homeless and economically disadvantaged has skyrocketed. There are more homeless and needy children this year than in any time since the Great Depression. These children, innocent victims of poverty, have all the same dreams and wishes as our own children. They dream of Christmas and Hanukkah presents and all things attendant to this time of year. Without your help, these dreams are unattainable. If your circumstances permit, please consider opening your heart to help these children .

Holidays for the Homeless and Underprivileged, Inc. was established over fifteen years ago as a vehicle to help make a difference in the lives of homeless and needy children. Holidays for the Homeless and Underprivileged, Inc. is a non-profit corporation which distributes food and gifts of toys and clothing to as many children as we can possibly reach. Holidays for the Homeless and Underprivileged, Inc. identifies specific children and purchases gifts and clothing for the children on an individual basis.

Over the last several years, Holidays for the Homeless and Underprivileged, Inc. was able to provide toys and clothing to thousands of children who would otherwise have gone without. The large number of children we are able to reach is a result of our work with numerous homeless shelters, battered women’s shelters and religious organizations of all denominations. Our goal is to serve every child we can identify. We need your help and resources. With your assistance, we can help wipe away some tears and frowns and replace them with smiles of joy. Please join us in our endeavor and reach into your hearts and pockets to help this worthy cause.

You can help by adopting a shelter or family and assisting them directly or by making a donation. If you want to help directly, please call 732 747 9003 or e-mail cplacitella@cprlaw.com. If you are able to donate, your donations will be used to purchase gifts for specific children in need.

You may donate online by going to http://www.holidaysforthehomeless.com or by mailing a check to: Holidays for the Homeless, Inc. Po. Box 760 Woodbridge, NJ 07095