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Saturday, April 9, 2005

The Toronto Transit Commission is expected to strike Monday. The TTC workers union, the Amalgamated Transit Union Local 113, rejected a deal offered by TTC management. They last went on strike in 1999. The average daily ridership exceeds 1.3 million passengers.

The city of Toronto has prepared to help deal with the forecasted traffic congestion by opening up free parking for car-pools at 14 city-owned community centres, banning parking on some city streets, and opening up some bus-only lanes to car-pools.

The initial deal, which was rejected, offered a 2% wage increase over five years. With a huge turnout the union-members voted against accepting the offer with a 99% majority according to a press release by the union. The union rejected the latest offer Friday reported to be a three-year contract with raises of 2.75 percent in the first year, three percent in the second and 3.25 percent in the third.

Thursday, December 27, 2012

Judge James A. Stoelker of Santa Clara County, California Superior Court was disqualified from hearing a case on predatory lending practices the day before Christmas, on a technicality. The case was filed by David and Salma Merritt of Santa Clara County against multiple defendants, including Countrywide, Bank of America, and First American Title, among others.

The Merritts had challenged Judge Stoelker’s involvement in the case, claiming many of his rulings had favored his former clients even when law would have indicated otherwise. Some of the defendants are Judge Stoelker’s former clients.

The events leading to this case began in 2006 when the Merritts accepted a home loan from Countrywide. At that time, Countrywide was advertising 30-year mortgages at between 1 and 3 percent interest. The Merritts received a “good faith estimate” consistent with those advertisements. They claim that Countrywide representatives tricked them into signing loan documents that were subsequently altered to appear to commit them to an obligation they had not agreed to.

A review of similar predatory lending cases filed by individuals in California found that all had been settled in at most 9 months, usually in favor of the banks. Merritt v. Mozilo has continued in the courts for much longer, celebrating its third anniversary last Saturday. The Merritts’ claims are consistent with published statements by Eileen Foster, former Executive Vice President of Fraud Risk Management at Countrywide, that fraud was endemic to certain parts of Countrywide.

Theirs was the only case heard in Department 9 that morning in recognition of Christmas. That hearing was scheduled, because the Sixth District of the California Court of Appeals (case number H038883) required the Santa Clara County Superior Court to (a) give all parties an opportunity to be heard regarding the possible disqualification of Judge Stoelker and (b) reply to the appellate court by December 26. This appellate ruling was only issued on November 26, and Judge Mark H. Pierce did not schedule the required hearing until December 12. The notice for this hearing required parties to file responses ten days before, which meant that the parties only had two days to prepare their replies.

On August 16, the Merritts learned Judge Stoelker had represented defendants in this case on numerous occasions before he was appointed to the bench in December 2010 and had not disclosed this fact to the Merritts. The next day they filed a Verified Statement of Disqualification asking Stoekler to recuse himself. The California Code of Civil Procedure (CCP) 170.3(c)(3) and (4) [confirmed in the 1988 appellate decision in Lewis v. Superior Court] give a judge ten days to respond to to such a motion. Stoelker replied on the eleventh day.

“All Rise” was heard at 9:04 AM local time Monday morning, whereupon Judge Pierce entered the courtroom. Attending by phone were attorneys James Goldberg representing Bank of America and Brian Craft representing First American Title. David Merritt was present representing himself. Goldberg had filed a brief asserting that the Merritts’ Verified Statement of Disqualification was served upon Judge Stoelker on August 17 but was not filed, as witnessed by the fact that it was not listed on the docket. Judge Pierce reported that he had checked the files and found that this Statement had indeed been filed, and he didn’t know why it was not on the docket. Attorney Goldberg suggested that the fact that the Statement was not on the docket may have contributed to Judge Stoelker’s failure to respond within the ten day limit. Judge Pierce replied, “That’s a stretch.”

Attorney Craft asked about next steps, since all action in this case had been stayed by the appellate court pending resolution of this issue. Judge Pierce then replied that Judge Manoukian would be handling discovery in this case, replacing Judge Stoelker in that capacity. He further stated that a reply to the appellate court had been prepared concurring with the appellate court’s disqualification of Judge Stoelker and asked Mr. Merritt to retrieve that order from the clerk in the courtroom and file it as usual with the clerk’s office. He also noted that this action would lift the stay. Other actions in this case could now proceed with the next steps being scheduled January 22, 2013, or later.

This is the second appellate reversal of decisions by this superior court in this case. The first reversal came on December 19, 2011, when the appellate court reinstated Wells Fargo as a defendant.

Friday, March 9, 2012

Terry Knutsen, a man who achieved some notoriety in the 1960s with the novelty song Curse of the Hearse, was seriously injured in a collision late Wednesday evening, according to sources close to the singer. Mr. Knutsen, 70, routinely billed himself under the stage name Terry Teene and some sources indicate he may have recorded as many as 300 songs. Yesterday morning, local media reports indicated that his condition was listed as “critical”, but a source close to Mr. Knutsen described his condition yesterday morning as “grave”.File:Dad terry teen fan.JPG

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Reports indicate that Mr. Knutsen struck a tow truck while he rode his bicycle along Highway 110 along the outskirts of Tyler, Texas on Wednesday evening. A passerby describes seeing “…a smashed up bicycle covered in…plastic bags and…a yellow raincoat…” lying at the scene of the accident.

Mr. Knutsen has performed for many years throughout Texas as a professional clown. He made a brief (uncredited) appearance many years ago on one episode of the hit television show In Living Color. Sources indicate he also had minor roles in various films.

Tuesday, April 5, 2005Terry Vo, the 10-year old Australian boy who had two hands and a foot reattached by surgeons after losing them in an accident, has had to have the foot re-amputated. He will be given a prosthetic foot in its place.

The operation to re-attach three limbs was thought to have been a first – but was ultimately unsuccessful, with the foot having died inside, and receiving insufficient blood supply following the surgery to reattach it.

“That would lead to the small muscles in the foot actually constricting, the toes bending over and a deformed …. foot that is sort of clawed over and doesn’t have good sensation,” said plastic surgeon, Mr Robert Love today, on Australia’s ABC Radio.

“Even if you can get all of that to survive, he [would be] worse off than having had an amputation.”

“What is very disappointing is that for the first two days after [the operation] the foot looked absolutely magnificent,” he said.

Terry’s hands were healing well, said the surgeon. The prosthetic foot would allow him to walk normally, since his knee was intact.

Monday, December 7, 2015

Yesterday, at least seven people including Aden, Yemen governor Jaafar Mohammed Saad died in a car bomb attack on their convoy in the city of Aden, according to local officials. An online claim of responsibility on behalf of militant group ISIS called Saad a “tyrant”.

An online post purportedly from the group claimed they detonated the bomb as Saad’s convoy passed where the car was parked. The post shared photos purporting to show Saad’s vehicle passing the parked car, and the following explosion.

People as much as 10km away reported hearing the explosion, and medics said it left victims’ bodies unrecognizable. Photos supposedly of the attack showed a burning, wrecked car. Aden’s Jumhoriya Hospital treated the victims.

The online statement threatened to “chop off” the “rotten heads” of Yemen’s “infidels”, and said more attacks are coming.

Iran-backed Houthi rebels, who follow Shia Islam, have taken over Yemen’s capital of Sanaa. Until just recently, President Abed Rabbo Mansour Hadi’s government operated for several months in Saudi Arabia, which has led a coalition involving air strikes against the rebels.

Yemeni fatalities in ISIS-claimed bombings this year number reportedly around 159. Yemeni fatalities since March, when Saudi Arabia’s pro-Hadi airstrikes began, number at least 5,700 according to the United Nations.

Tuesday, October 9, 2007

Today, the United States Patent and Trademark Office (USPTO) issued an office action, which confirmed the patentability of claims 6 to 10 of the Amazon 1-Click patent, US 5,960,411. The patent examiner, however, rejected claims 1 to 5 and 11 to 15. Amazon now has up to six months to amend the rejected claims to overcome the examiner’s rejection, provide arguments to demonstrate that the examiner is in error and/or provide evidence to demonstrate the patentability of their claims. During this period, the entire patent is still considered valid under US patent law.

The USPTO is reconsidering the patentability of the claims due to a request for reexamination filed by New Zealander Peter Calveley. Mr. Calveley used internet archives to show that defunct company Digi Cash used a similar technique prior to Amazon. Despite costing a substantial sum of cash and requiring donations to prepare and file the request for reexamination, Calveley said he did it as a game and hopes that his success inspires others to play the same game.

“One Click” shopping is an ecommerce technique, which allows a customer to purchase products via the Internet without repeatedly entering personal information such as name and address. At the time it was introduced it eased the frustration of on-line shopping.

Amazon filed the patent application for 1-click shopping in early 1997 and was granted the patent in September 1999. 23 days later Amazon sued rival Barnes & Noble for alleged infringement by its “Express Lane” ordering which was introduced in 1998. In December 1999 Amazon won an interim injunction against Barnes & Noble but the USA Court of Appeals for the Federal Circuit lifted this injunction in February 2001. The parties then settled their dispute for undisclosed terms. Amazon has since successfully licensed the technique to other e-sellers such as Apple.

Saturday, May 28, 2005

California State Senator Joseph Dunn, school officials, and environmental professionals met with Kennedy Elementary School parents in a town-hall style meeting in Santa Ana Thursday evening. The parents aired their concerns over health issues at schools and workplaces, including a rash of leukemia cases in the student population, and began a dialogue they have been working toward for years.

Representatives of Markland Manufacturing and of AQMD also spoke at the meeting, explaining their positions. The outcome of the meeting was that Senator Dunn and members of the community will tour the Markland facility and meet with county officials, and another public meeting will be held in a couple of weeks.