Rush Limbaugh Must Be Right Because He Says He Is

God bless the dittoheads-(blind followers of Rush Limbaugh logic).

Last Friday for about an hour in the first half of the Rush show they had something to cheer about. But then they realized Limbaugh got fooled by a blog post.  Limbaugh reported that his researchers had discovered that  Joe Klein, a Time Magazine reporter, had unearthed ten pages from a college thesis, not the complete thesis mind you, in which President Obama allegedly wrote, as an undergrad student at Columbia, that the Constitution was a rag designed to enslave the masses and that the founders were behind the conspiracy to do so. The whole thing turned out to be a hoax by a blogger.The problem for Limbaugh was that he only found this out halfway through his show.

This is what he said when he found out that the basis of his ravings about Obama that day, which basically consisted of telling his audience that Obama was not patriotic enough to be qualified as President, were untrue.

 

Limbaugh must know President Obama quite well, right? He has to  know what's in the President's heart, right? Obama could have written something like the thesis and probably has, (even if the thesis turned out to be a joke pulled on Limbaugh) according to the Limbaugh logic.

Limbaugh actually said when he realized he'd been had:

"So, I can say, "I don't care if these quotes are made up," "I know Obama  thinks it. You know  why I know Obama thinks it? Because I've heard him say it."

Ah, the dittoheads have to suffer on.

Really I just wanted to put the Limbaugh non apology /non mea culpa audio on my blog. I couldn't resist.

I have tried to tie this in somehow to my areas of practice, or to litigation generally, so hear goes a few comparisons. True stories from recent cases I've been involved in.

 

  • A defendant in a car accident case testifies at a deposition in which she admits rear-ending my client that "it was barely a tap..I didn't even know I hit her." The defendant couldn't understand how my client got hurt. This despite the fact that there was extensive rear end damage to my client's car and extensive front end damage to the defendant's car, and that my client had to be removed from the scene by an ambulance.

 

  • "I know that I cleared the sidewalk of ice. It was in real good shape. When I left Friday I threw some salt down." That's what a defendant store owner testified to at his deposition in a fall down case in which my client fractured her leg requiring surgical repair including the placement of metal plates and screws to put the bones back together.  The fall occurred on a Monday night. The store owner never returned to his property to inspect it, put more salt down or shovel the sidewalk until Tuesday morning. The snowfall came down on the prior Wednesday, five days before the plaintiff fell.  Fall down accidents can be difficult cases. In this case, there was actually a videotape showing my client walking from the bus stop over a mound of snow, at night, following the heavy snowfall a few days before, and walking on a clear portion of a neighboring sidewalk before stepping onto the defendant's sidewalk which had a narrow path which turned out to have been covered in a thin layer of black ice. Everybody in the neighborhood and particularly in the area where the plaintiff fell  had managed to do a pretty good job of clearing the sidewalk, except this defendant. Somehow, in his mind, the condition of his sidewalk on the night in question wasn't his responsibility.
  • A defense attorney  files a brief with the court alleging that he is entitled to my personal notes from a focus group which I hired pre trial to evaluate my client's case. The problem is, the law is crystal clear that my notes are protected attorney work product that the defense attorney would never be entitled to get his hands on.

 

None of these stories compare to the Limbaugh defense of "I think it therefore it must be so." I guess the lesson to litigants and those involved in litigation generally here is fess up if you what you are saying won't hold up. Credibility is a very powerful tool. Use it to benefit you. Take a lesson from the flawed logic of Rush Limbaugh.

The Importance Of Being Able To Text While Driving

ARE YOU CRAZY!?

That's what I yelled to a young woman driving in the left lane heading west on the Schuylkill Expressway yesterday at around 3:00. I was in the right lane. She had earphones on. I guess she was listening to her ipod.

Her hands were not on the steering wheel.

That's because she was texting while she was driving.

She was driving an '04 or '05 Honda CRV. I have an '04 Honda CRV. That's what I was driving. Love the car. It's a mini SUV without any bells or whistles and gets good gas mileage. I like that. But to my knowledge it is not equipped with a special steering device such that you can steer the car with your knees. Maybe she was experimenting with that theory. At 60 miles per hour.

I rolled my window down when I yelled at her. Her's remained up. I think I said something more than just- ARE YOU CRAZY!? I won't repeat that here. She got the point. But not right away. Because as I let her pass me I saw she was still texting. It appeared she had exceptional thumb skills. So I pulled up along the side of her again. At 63 miles per hour. I stared at her for a second. We made eye contact. She stopped texting. She wouldn't look my way again. I exited at Conshohocken and she went on towards King of Prussia. Maybe she resumed her highway texting further on down the road.

This was not the first time I've seen this. A few months ago I was in the right lane, again on the Schuylkill Expressway, and an SUV is passing me on the left. The guy driving was texting. His wrists were on the steering wheel, so his cellphone was above the steering wheel, and I could see he was focusing on the phone, and then glancing at the road. He was passing me in the left lane. I had to be going 60. He had to be going 65. He had a little boy in the front seat. Another guy was in the back seat.

How stupid are these people!

As a driver witnessing this what are you supposed to do? I don't know. Call 911 on your cell phone so the State Police can be notified? I guess, but by the time the police get on the highway the crazy texting driver will be long gone. Steer clear? Sure.

 

Melissa Heckscher of the Paramus Post wrote the following story in November 2006. Pretty much sums it up.

But because text messaging is a newer phenomenon, having become popular in the past two to three years, drivers' safety studies have focused on using the phone to talk, not to send messages. So which is worse?Without concrete data to go on, researchers such as Steven Yantis, a cognitive psychologist and professor at Johns Hopkins University in Baltimore, ventured a guess.

"Common sense would tell me that (texting) would be worse because you have to look away from the road," he said.

Yantis is an expert in multitasking. His research has centered on what happens in the brain when people try to pay attention to multiple sources of information. Yantis hasn't directly researched the effects of multitasking while driving, but the bottom line is this: When attention shifts toward one area, it drifts away from another.

"Most people think they're better at multitasking than they really are, and that's because most of the time, errors have no consequences," he said. "When you're driving, even half a second of distraction could, at the right circumstances, have disastrous consequences."

Just ask Patrick Sims. In 2005, the then 17-year-old Colorado resident struck and killed a bicyclist while tending to a text message. His sentence included nine days in jail and 300 hours of community service to be spent telling others his story."That day, that text message seemed important to me," Sims told The Denver Post. "Now I couldn't even tell you what it said."

That same year, a 26-year-old Tennessee man died after he reportedly lost control of his truck while trying to send a text message.

"When you're texting, you're having to do a manual task and a visual task," Yantis said. "That has to be worse than just talking on a cell phone."

Teenagers are at particular risk. A survey by the Liberty Mutual insurance company found that teens rated text messaging as the greatest driving distraction, followed by their emotional state and having several friends in the car at the same time.

 

In the words of California Highway Patrol Officer Joe Zizi, quoted in Ms. Heckscher's article: 

"People will say, 'I'm sorry, I was on my cell phone, I didn't realize how fast I was going. God forbid you crash and kill someone. Are you going to tell that to the family of the deceased?"

 

Is there a place for cellphones in the car? Yes, the center console or glove compartment. I know that sounds unrealistic. You get in your car. The cellphone is in your pocket or in your pocketbook. You want it out and available for all sorts of reasons. Maybe your kids are calling wanting to know what's for dinner, or they need help with their homework. Maybe you're waiting to close an important business deal.  But the statistics on cellphone use while driving leading to bad accidents are just too disturbing. Add texting? Forget about it.

Cellphones are undoubtedly a valuable tool to have in your car in the event of a mechanical breakdown, illness, or driving emergency. We want to be able to reach it quickly if we need to. But how important is that incoming call?

That young woman on the Schuylkill driving next to me thought she was safe; she thought  that she had extra skills, like some character out of the movie The Matrix. No way. She was just kidding herself.

The Balloon Boy Hoax And How It Relates To Deposition Testimony

Wolf Blitzer is a professional interviewer. He has  prepared questions.  He listens to the response that  he gets to his questions and uses the response to formulate his next question. That's what he did when he interviewed Richard Heene, the Colorado father of  6 year old Falcon.  Wolf was exploring the issue of whether the report by the Heenes that their son was trapped in a balloon was all a publicity stunt. Falcon was found hiding in the family's garage last Thursday after the family reported that they feared he had disappeared and was floating around in a homemade helium balloon, flying 50 miles through the sky.

Watch  Mr. Heene squirm when he is asked to comment on his son having just said on camera "you guys said that we did this for the show. " The boy was answering the question raised by Wolf of why he just did not come out of the garage attic when he heard his family calling for him. The father barely looks at the camera. His wife also looks a bit worried.

Litigators are professional interviewers, like Wolf Blitzer. They come prepared. They have background on the person they are deposing. I'm quite sure Wolf had background on the Heenes. Lawyers who litigate for a living are like electronic lie detectors. They can smell when someone is not being truthful.

Now the Heenes are being charged with crimes related to what appear to be false reports about their son's supposed flight on a hot air balloon. They may be completely innocent.  Time will tell. Right now it sure doesn't look good for them. But you don't have to be an expert in body language to see that the Heenes were unsure of themselves and worried about what their son had said and what they had said, or might say, on camera. They were being scrutinized. Not unlike what happens at a deposition.

Lesson here? Tell the truth at your deposition.

Electronic Communication In The Courtroom

The legal system as a rule is slow in adapting technology. For instance In the federal courts,e filing, that is, the filing of pleadings and other legal documents on line,  is mandatory; but of the local counties, only Philadelphia mandated e filing in January 2009. In most other counties you can check dockets, but  that's about it.

How about in jury trials- can or should jurors be able to text or tweet about the goings on in the courtroom? No way. It jeopardizes the reliability of the ultimate verdict.Jurors going home at night and searching Google for information about the case they they are sitting on? It just does not work that way. Allowing jurors to do that would be equivalent to throwing the rules of evidence out the window.

And if you text in court and you are a participant in the proceedings? Forget about it. You could find yourself in jail. That's what happened to Susan Henwood, mother of four, in April 2009. A Utah judge found her in contempt of court for texting her husband, who was not in the courtroom at the time, " they're coming for the Polaris Ranger", a pick up truck owned by the Henmans which was part of a collection dispute. She spent two days in jail for warning her husband in advance to move the pick up so it could not be scooped up in the collection case.