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    Re: Protected Class Members

    Posted by Pat on 4/05/05


    In federal law, the disabled are a protected class. Could a team of attorneys
    brave enough to undertake a novel construction find a such a construction
    under title 42? In fact, could such a team find cause to cite 42 USC 1983,
    concerning slight-of-hand misrepresentations found in government position
    statements, or in the position statements of entities acting "under the color
    of law"? After all, such unfavorable statements ca have the affect of
    depriving the chemically sensitivite of needed research funding which
    otherwise would have been obtained if not for the unfavorable view of that
    condition, or if not for the lobbying of the perfume and pesticide industry?

    And if that were the case, then the auditor in such a case would be the bench
    itself, being that such a class action would be mainly for the purpose of
    injunction. The injunction, of course, would consist in a restitution as
    widely disseminated as the defamation and fraudulent misrpresentation; solely
    to unpoison the minds that the anti-MCS propaganda did poison. Thus, the law
    firm's compensation would be pursuant to 42 USC 1976, mostly. Just a thought.
    Even a long shot. Even so, there is always recourse to a diversity action.


    Perhaps you have occasionally read throughout the internet that Ronald Gots
    was involved in insurance fraud. Well, as far as concerns that allegation,
    here is a summation of it, along with a major media's web address reporting on it:

    1] The fraudulency concerns the "Utilization Review Firm" of which is was
    president, along its services for State Farm Insurance. The firm was titled
    MCRS. It has known as a "Paper Review Company." It is now out of business.

    2] The matter concerning Ronald Gots, MCRS, and State Farm made NBC's
    Dateline. Make a note of that. It concerned hundreds of cases. It dealt
    with reports that were never looked at by physicians. In fact, NBC obtained
    79 reports done by Got's firm, and all 79 cases ever-so-coincidentally favored
    State Farm. In fact, in one court trial, the presiding judge is quoted to
    have stated that Ronald Got's MCRS was "A COMPLETELY BOGUS OPERATION"; so said
    the NBC television network. However, Ronald Gots has two other firms. And
    remember, "A tree is known by its fruits." At this point, let's let NBC do
    the communicating. You are welcomed to go to:

    It's worth reading. Educational.

    On 4/05/05, Kevin wrote:
    > On 4/04/05, mary wrote:
    >> Play by their rules. Sue them all first and figure it out later.
    > But then your malpractice attorney would be guilty of the same bad acts as
    > your former class counsel.
    > Class action attorneys maintain time sheets and expense reports, much like
    > a defense counsel does with his/her corporate or insurance clients. When
    > class counsel submits a fee application, there is always a comparison to
    > the "johnson factors" or to the "lodestar method." To support the fee
    > application, they submit their time and expense reports. Now is your
    > opportunity to look into the billing practices.
    > If you are a class member, you will likely need to retain separate counsel,
    > or file motions in proper person, asking the court to perform or allow an
    > independent forensic audit. Class counsel will not assist you in
    > scrutinizing their bills. It could be tough to find a local attorney
    > willing to take on other local attorneys.
    > You may want to compare their time records in your case with the time
    > records from other class action cases in which the class counsel is
    > involved. You will probably see some attorneys billing 36 hours in a day.
    > Pay close attention to requests for reimbursement for faxes and copy
    > costs. Many times the court allows up to 2$ per page on faxes, and the sky
    > is the limit on copy costs. This is literally a profit center for many
    > class counsel. Get advice from the state bar association or office of
    > disciplinary counsel on possible ethics violations by attorneys making a
    > profit on out-of-pocket expenses charged to class members.
    > There's plenty of room for abuse, and it's there to be found if you know
    > where to look.
    > Kevin

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