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    Re: Diversion tactics

    Posted by Mike B. on 2/15/08

    For the umpteenth time, my name is not important; I have no financial interests
    in this.

    How did your husband die? Where is your child that lived with you while you
    were allegedly exposed to chlordane, etc.?

    On 2/15/08, Deborah wrote:
    > Mike B.
    > What did you say your name was?
    > And what is your interest in this?
    > Do you have financial interests in this?
    > On 2/15/08, Deborah wrote:
    >> I remain unconcerned. Intimidate away, it is what you try to do best.
    >> Unfortunately, in the legal arena, words are often re-defined for purposes
    >> of litigation. Again, I said, I like juries....
    >> I bear some resentment toward the landlords that poisoned me and failed to
    >> disclose defects in the places they put out to lease despite my informing
    >> them of my health issues. Would a mother have some remaining ire against
    >> someone who promulgated a paper based on a single rodent study and testified
    >> as an expert using that same paper, despite having no clinical experience,
    >> that was used in an unsuccessful attempt to deny a claim made by said
    >> mother; a reasonable person might? I believe a decent, reasonable person
    >> might try to warn an unsuspecting public of a grave and imminent danger
    >> being perpetrated upon them. I believe Sharon Kramer is a decent, reasonable
    >> person; I fail to hold her detractor in a similar light.
    >> What this man did, he did for hire. And the conclusion he reached is suspect
    >> by many, including real doctors and researchers.
    >> On 2/15/08, Mike B. wrote:
    >>> "I like juries for matters this controversial, especially when someone is
    >>> being retaliated against by someone who has a grudge."
    >>> First, that's frickin hillarious. Are you saying Kelman should have a
    >>> jury trial because Sharon Kramer has a grudge against him? The appellate
    >>> court seems to think she does:
    >>> "Additionally, there was other evidence presented which could support a
    >>> expert opinion in Kramer's lawsuit against her insurance company seeking
    >>> damages caused by the presence of mold in her home. Kelman stated there
    >>> did not appear to be a greatly increased level of risk of mold inside the
    >>> home compared to the levels in the air outside the home. While the Kramer
    >>> family eventually settled and recovered damages from the insurance
    >>> company, a reasonable jury could infer that KRAMER HARBORED SOME
    >>> ANIMOSITY TOWARD KELMAN for providing expert services to the insurance
    >>> company and not supporting her position." Emphasis mine.
    >>> Secondly, this was a pretrial matter where Sharon Kramer filed a motion
    >>> to strike the Kelman suit because Kramer thought it was a silly old SLAPP
    >>> suit. No jury hears pretrial motions. The court does, though, and it held:
    >>> "Kramer brought a section 425.16 motion to strike the complaint. The
    >>> court denied the motion, concluding that although Kramer had sustained
    >>> her burden of showing the complaint fell within the scope of section
    >>> 425.16, subdivision (e)(3) and (4), Kelman and GlobalTox had sustained
    >>> their burden of showing a probability they would prevail on their libel
    >>> claim."
    >>> Finally, you will have a tough time defending yourself for your
    >>> statements about Kelman based on your "I like juries" defense for
    >>> ignoring a court's ruling. Especially when you make essentially the exact
    >>> statement that Kramer did and for which she is now being sued.
    >>> Best of luck with that.
    >>> On 2/15/08, Deborah wrote:
    >>>> I like juries for matters this controversial, especially when someone is
    >>>> being retaliated against by someone who has a grudge. Exposing the
    >>>> fallacies that impact public health in a paper written and promulgated
    >>>> by a principal in the company might make the exposee a bit testy. I'd
    >>>> be curious to see if any of the "deciders" were ever involved in any
    >>>> cases using where the disgruntled party was used as an expert witness,
    >>>> either behind or in front of the bench; that would include law partners,
    >>>> firms, other businesses, etc.
    >>>> On 2/15/08, Mike B. wrote:
    >>>>> In this case, it was "judges" - the trial judge, and an appellate
    >>>>> panel of judges who affirmed the trial judge.
    >>>>> On 2/15/08, Deborah wrote:
    >>>>>> On 2/15/08, Mike B. wrote:
    >>>>>>>" So, you're willing to defend your statement based upon "the paper
    >>>>>>> and the transcripts" even though there has been a finding by a
    >>>>>>> court which says that the doctor did not alter his testimony?"
    >>>>>> When you say the "court", do you mean a judge or a jury?

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