May It Please The Court
Quote of the Day - The tipping custom originated in England when small sums were dropped into a box marked T.I.P.S. --TO INSURE PROMPT SERVICE.
Here's A Tip - You Don't Have ToHumberto A. Taveras went out for pizza to Soprano's Restaurant and Italian Grill in Great Neck, New York.
Like some of the rest us have done from time to time, he took a big group. Unfortunately, the food wasn't good, and the service wasn't much better. So, Mr. Taveras didn't leave a big tip. He left under ten percent.
Consequently, he got arrested.
For not leaving an 18 percent tip. Technically speaking, for theft of services. A misdemeanor crime, all for voting with his wallet. He left a tip, but not the kind the restaurant wanted.
Seems that Soprano's had a requirement that if you brought a large party, here more than eight, then you had to tip 18%. But, neither Taveras nor anyone in his party knew that. They didn't see it on the menu, and although Soprano's claimed that the waiters told the party, Taveras and his group said they didn't know.
This story has flown across the internet because we are all confused on the issue, and don't want to have a restaurant with bad service and bad food to tell us how to tip. That in itself is a license to steal. Even in Denmark.
It seems to me that if anyone should have been arrested, it was the restaurant personnel for not delivering what was promised. But, that too would have been wrong.
So what happened to Mr. Taveras? The New York District Attorney saw it the same way you and I do. A tip is just a tip, and it is discretionary, not mandatory.
Even if the restaurant says otherwise, you'll be glad to know.
Your Computer is RingingTalk is cheap, and getting cheaper. According to the news, it can cost pennies. I'm here to tell you that it can be almost free.
I'm no evangelist, but you can trade a little computer power for free telephone calls - unless you want to connect to a land line. In other words, if someone else is on Skype, the call is free. All you have to do is agree to let other Skype users use a bit of your computer power to connect calls.
What does this new system do to the telephone industry?
Well, it's likely going to damage the telephone system further. The breakup of the Bell System has led to a myriad of telephone companies, different calling plans and even different telephones.
What are the legal consequences? It depends on who you are. If you're a regular user, all you have to do is sign up for Skype and use it. If you're Skype from the Netherlands, you've developed a system that could be the downfall of the big telephone companies, but you're using the lines they laid. Someone has to pay for all of that infrastructure and maintenance.
Free is nice, but it doesn't repair downed telephone lines. If you're the 800-pound gorilla, you've got to figure out a way to get paid.
That's not going to be easy.
Of course, this change won't happen overnight. People like to use their telephone, and may not be so willing to switch to technology.
But for those of us who do, you can save your pennies.
Call me. I'm waiting by my computer.
Excuse Me, Are Those Jammies Bronzed?Sex sells. It's something that we've all gotten used to by now, but sometimes the sale of sex takes itself too seriously.
I mean that, well, with tongue planted firmly in my (no snide remarks here) cheek. I almost wish I had an English accent so I could say, as only James Bond could, "Oh, how marvelously cheeky." But, I'm not, so I won't.
First of all, here's the setup: our pal Hugh Hefner's pajamas just got canonized.
Where, you might ask?
Why in the Erotic Museum of Hollywood Hall of Fame, of course. What you say, you didn't know there was such a museum?
You're apparently not the only one. That's why they started a Hall of Fame. It's called publicity, and this little stunt got plenty of it. Hugh is the first inductee, with others on the way, including Mae West, and several other sex luminaries such as Dr. Sigmund Freud, Margaret Sanger and Dr. Ruth Westheimer.
Don't fret if you didn't get to see Hef inducted though, because you too can become a member of the Erotic Museum. For a mere grand, you get a special curator-led tour for you and ten of your best friends, a framed exhibition poster, an Erotic Museum t-shirt, a limited edition Erotic Museum Zippo lighter (to light your pipe with, certainly), and a bottle of champagne. Such a deal!
Selling sex is nothing new, and in fact has been on TV in our living rooms for some time. Not only is the Erotic Museum covering the history of sex, but also our favorite Miss America turns 50 this year. According to these news reports, she's trying to figure out how to become relevant again.
I thought that's what the swimsuit competition was all about.
From Zoos to Rivers, We Cover It AllYesterday, I blogged about critical habitat. Here's part two of something that's not really a series. I just had to say that so you'd think you were almost reading a newspaper.
Today, Interior Secretary Gale Norton signed a critical habitat designation for the Colorado River. About 8,100 acres and six endangered species.
The designation also covers 21 species that are not endangered. You can find out about the plan, and see what the Associated Press said, too.
The interesting aspect of the plan is what it doesn't do. The government plans to replant the riparian habitat that is no longer underwater, but doesn't have any provisions on how they're going to replace the missing water. That water, not surprisingly, is guaranteed to water my lawn here in California, as well as others in Arizona and Nevada.
Here's the AP's quote from the environmental group that isn't too happy about the proposal: "Rather than creating a viable habitat for these species, it will just add more animals and plants to a damaged environment, said Jennifer Pitt, a scientist with Environmental Defense, a nonprofit organization based in Washington, D.C. 'It is sort of like a zoo approach rather than a river-based approach,'" Pitt said.
A $620 million zoo, if they're right. That's how much this little fiasco is slated to cost. Anybody out there got a hammer?
Balancing New Listings Against Critical HabitatYesterday, the Center for Biodiversity filed suit in federal court in Riverside (#4) over the designation of critical habitat.
So far, the federal government has not designated critical habitat for the six rare wildflowers (that's an especially attractive flower, isn't it?). The CBD, joined by the California Native Plant Society want habitat designated.
The Interior Department generally prefers to focus it's resources on adding species to the Endangered Species List. But, part of the mandate of the Endangered Species Act requires the designation of critical habitat, and when the Interior Department gets sued over it, it generally loses.
So, we have another lawsuit now to designate habitat the San Bernardino and San Jacinto mountains.
The CBD and CNPS claim that these flowers appear nowhere else on earth other than right here in our local mountains (I know, it's redundant), and they deserve to be protected with a critical habitat designation. The USFWS wants to move on to new species.
Possible solutions: more money to the USFWS or revamp the law. But it seems a waste to file a suit to force the government to follow the law. Isn't that what it's supposed to do anyway?
Patent Privilege ProtectedWell, the attorney-client privilege is alive and well again in the patent arena. Overturning some twenty years of precedent, the newly-decided case of Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBH v. Dana Corporation, et al. took care of a nasty issue for patentees.
It used to be that if a patentee refused to provide a lawyer's opinion that a patent was not infringing, then the judge could infer that a company willfully infringed a patent. Now, that's no longer the case. No longer are companies required to waive the attorney-client privilege to prove a lack of willful infringement.
For those companies, however, that have already waived the privilege and are in the midst of litigation, it's too late. Once the privilege is gone, it's gone.
Trio of Hurricanes Stir Memories of NorthridgeWhether by hurricane or by earthquake, the devastating loss of property and life in connection with these natural disasters is always tragic. So too are the enormous economic ramifications, which ripple far and wide for a long time afterwards. It was only thirty days ago today that Hurricane Charley came to shore near Punta Gorda, Florida, causing nearly $7 billion in damages. Three weeks later, Hurricane Frances struck the Florida Panhandle, inflicting an additional $2 to 4 billion in damages. Now, Hurricane Ivan lurks off the west tip of Cuba, positioning itself for yet another possible assault on Florida. As I looked at the destruction that these hurricanes have left in their wake, I found myself reminiscing about the aftermath of the Northridge Earthquake.
For those of us who are Southern Californians, (you remember. . .) it was 4:30 a.m., January 17, 1994, when an earthquake measuring 6.7 on the Richter Scale shook us out of bed. The epicenter of the earthquake was located 20 miles northwest of Los Angeles, nine miles beneath San Fernando Valley. The direct cause of the Northridge Earthquake was the sudden rupture of a previously unknown, entirely subsurface (i.e., “blind") thrust fault. In a span of forty seconds or less, at least 57 people died, 12,000 were injured, 200,000 homes and apartments were destroyed or damaged, another 114,000 buildings were destroyed or left uninhabitable, thousands of vehicles were destroyed or damaged, and several major roads and bridges were left unuseable.
Several days later, nearly 10,000 homes were still without electricity, 20,000 homes and offices were without gas, and twice that number were without water.
600,000 insurance claims were filed after the Northridge Earthquake; total insured losses reached $15.3 billion, making it the most costly insurance disaster in U.S. history. In addition, economic losses were estimated between $40 to $50 billion, making it not only one of the worst natural disasters, but also the costliest seismic disaster in the United States. Insurance losses were 28 times greater than the premiums recovered in 1993, causing some insurers to teeter on the edge of bankruptcy. Other large insurers debated withdrawing from the California homeowners insurance market altogether because California law required insurers to offer earthquake coverage to new home buyers. Under heavy siege from the insurance lobby in Sacramento, the California Legislature in 1996 created the California Earthquake Authority, allowing insurers to offer earthquake coverage to homeowners on policies written by the CEA – not themselves.
Not surprisingly, seventy percent of the insurance companies doing business here in California joined the CEA, which effectively allowed them to cancel all of their existing earthquake clients and stop offering their earthquake coverage to new homeowner clients. While this legislation solved the insurance companies’ problem of being overexposed to earthquake losses, it coincidentally resulted in premiums that were double in size and with severe limits on the insureds’ ability to collect claims. State surveys show that the percentage of homeowners that purchased earthquake insurance dropped from 32% to 20% after the CEA was offered. Thus, the Northridge Earthquake singularly changed the homeowners insurance landscape in the State of California.
Just 36 hours before Hurricane Charley’s landfall, Tropical Storm Bonnie struck the Florida Panhandle near Apalachicola. The significance of Bonnie, however, is not that she arrived in Florida but when she came to shore. Not since 1906 have two storms struck the State of Florida so close together. It was an omen of bad things yet to come.
Charley, rated a Category 4 storm with sustained winds estimated at 145 m.p.h., struck Florida’s west coast about 4:30 p.m. on August 13, 2004, with awesome force, toppling trees, snapping utility poles, and ripping the roofs off of homes and buildings. At least 27 people died. Within an hour of Charley reaching shore, over 700,000 people were without power. Insurers are likely to pay an estimated $7.4 billion in claims for damage to homes, businesses and personal possessions such as cars. However, that estimate does not include uninsured property and flood damage or huge agricultural losses. If the estimate holds, Charley would be the second-most expensive hurricane in U.S. history, following 1992’s Hurricane Andrew which caused $15.5 billion in insured losses. State officials estimated earlier that damage to insured homes alone could be as much as $11 billion.
To make matters worse, Hurricane Frances stormed ashore near the Florida Panhandle on September 5, 2004, just three weeks later. Not since 1950, when Hurricane Easy and Hurricane King drenched Florida in September and October 1950, respectively, had two major hurricanes struck this state in such a short time period. Although Frances was downscaled to a Category 2 storm prior to arrival, she still packed a big punch, leaving more than 1.8 million Floridians without power and causing 90,000 to seek safety in shelters. In addition, 20,000 farms were caught in Frances’ destructive path, which caused nearly $1 billion in damages to citrus fruit, timber, nursery products, etc. Charley and Frances combined have caused more than $2 billion in damages to Florida’s agriculture, alone, in less than a single month -- that's almost one third of Florida's annual 6.4 billion cash crop receipts.
Now, Hurricane Ivan appears poised to strike Florida and, as if that wasn't bad enough, it’s the largest of the bunch. With sustained winds estimated at 160 m.p.h., Ivan qualifies as a Category 5 storm – that’s the biggest rating that can be assigned to a hurricane – and is already considered to be one of the strongest hurricanes ever to hit the Caribbean. Even if "Ivan the Terrible" doesn’t reach Florida, insured losses will clearly exceed $11 billion, which means that economic losses – if indeed the Northridge Earthquake can offer any realistic comparisons between these two kinds of “ripples” – will likely reach $30 to $40 billion in Florida before this hurricane season is over. If Ivan does hit Florida and inflicts further damage in the days to come, who knows how the landscape will change in Florida and elsewhere as a result of these three hurricanes.
One thing is certain, though. Homeowners insurance coverage for hurricane-related damage surely will be subjected to the same kind of scrutiny and market forces that occurred immediately after the Northridge Earthquake. More importantly, since insurance companies are not in the business of losing money, it's reasonable to assume that the contours of homeowners insurance along Florida's shorelines will never be the same.
Dying for a Discount At CostcoI've been trying to get to some substantive legal news, really, I have. It's just that our appellate courts haven't been cooperating issuing decisions that are covered here. OK, maybe I'll just have to dig deeper. But first, here's this one that I just couldn't resist:
Big box retailer Costco has added caskets to its inventory. Not yet available online, the retailer has offered them in only two Chicago area test stores so far.
I've got a few questions first. Where in the store? Next to the cigarettes?
Not that I'm dying to buy one, but do I have to buy them in a jumbo pack? Or do they come family size, and three-fourths of the casket will go to waste if I need to buy only one? If I decide to put a casket in my basket, will it tip over? Is my truck big enough to hold it? How do I unload it at the gravesite?
Buying caskets at a discount is a good idea, but perhaps Costco is not the best place to make that purchase. At least, though, if you get the casket there, you can get flowers, too.