The Daily Parker

Politics, Weather, Photography, and the Dog

Stupid lawyer tricks

When Chicago-based Horizon Realty sued a former tenant for defamation because of a Twitter tweet, did anyone tell them how badly this could go for them? Seriously, that's some atrocious lawyering:

"Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it's okay," Amanda Bonnen apparently wrote in her Twitter feed May 12 at 9:08 a.m.

Horizon Group Management, which leased Bonnen's Uptown apartment, wasn't pleased.

Last week the company filed suit against Bonnen in Cook County Circuit Court, claiming Bonnen "maliciously and wrongfully published the false and defamatory Tweet."

...

Regardless of the legal merits of the case, Horizon is "inviting a PR nightmare" and drawing scrutiny well beyond the 17 followers Bonnen's Twitter feed had before it was closed, said Sam Bayard, assistant director of the Citizen Media Law Project.

(Emphasis mine.)

OK, I think we can draw two important lessons from this:

First, Twitter feeds are public, and anything you tweet (or post on Facebook or on a blog or...you get it) is most likely "publishing" for the purposes of libel and defamation law. Further, if you actually libel or defame someone on a public website, you may be exposing yourself to suit not only where you live and where they live, but in any jurisdiction with a long-arm statute where people can access the Internet. (Lawyers: New York State is one, right?)

Worse, not every jurisdiction in the world follows the U.S. rule that it's up to the person claiming libel to prove both malice and dishonesty. In the U.K., for instance, because they have a "loser-pays" system, it puts the burden of showing that the alleged libel was actually true on the defendant. I commend to your attention the destruction of Oscar Wilde, who lost his libel suit and went to jail.

But that's not the main point. Libel in the U.S. is very hard to prove. Incompetence, however, is quite easy to prove, as when a company sues someone because they think the person made them look bad. The lawsuit makes them look positively reprehensible. Any lawyer who advises a client to proceed with this case is not helping her client. Any client who doesn't listen to his lawyer in this case is plain stupid. Look, the woman had 17 followers before last week; how many people are aware of the case now? 17,000? 17 million? What do you suppose Horizon's reputation looks like now?

More reasonably, it looks like they're suing this woman to punish her, knowing they have no hope of winning. I would not be surprised, if that's the case, if she counter-sues and wins on a claim of abusing the judicial process.

The bottom line: get over it.

Forget about who will bell the cat

Put a camera on him instead:

In the beginning there is one big question and a lot curiosity: that is the cat doing all day long ? The solution and answer is the CatCam. The small digital camera is attached to the collar of the cat. It features a user programmable timer function. Based on the interval time it takes automatically pictures or video clips (based on version). The unit is protected against shock, dirt and humidity in order to survive the cats lifestyle.

Still hanging on

The Cubs, against all logic and reason, remain in first place, half a game ahead of St. Louis, thanks to Alfonso Soriano's walk-on grand slam last night in the 13th, and remained as humble and gracious as ever:

"I play nine innings all the time," Soriano said. "I had three strikeouts and was 0-for-5, but in that last at-bat, I changed my day. I got the victory tonight, and I think everybody is happy now."

But it was Soriano who looked like the goat in the 11th when he stood at the plate on a grounder to third. [Plate umpire Mike] Everitt ruled the ball was in play, though Soriano insisted it went off his foot for a foul.

"I told him, if I say the ball hit me in my foot, it hit me in my foot," Soriano said. "I don't have to lie."

Mustn't complain, mustn't complain...they did win the game after all.

Good rundown on the 787

The Economist's Gulliver blog sums up the unfortunate problems with Boeing's biggest project:

The latest delay looks like the most serious yet. In May, routine bending tests in the workshop showed the wing structure to have separated from its skin ("delaminated") at 120%-130% of the load limit. To pass muster with the Federal Aviation Administration and other certification bodies, wings have to sustain at least 150% of the load limit without rupturing.

The problem...has been identified in the past and recognised as a problem. The issue has arisen on other composite airplanes. Indeed, the stress point at the end of the 787 stringers showed up as a 'hot spot' in Boeing’s computer models before the delamination in the wing bend test—but for some reason was never addressed.

It's worth a read, as are the articles Gulliver linked to.

The IM-SAFE checklist

Pilots will tell you they'd rather be down here wishing they were up there than up there wishing they were down here. (See also, "All takeoffs are optional; all landings are mandatory.") Most of the time it's an easy choice for private pilots whether to go for a flight, especially in Chicago where the weather, not to put too fine a point on it, often sucks.

Today, I had scheduled a flight, but I decided to stay on the ground after thinking really hard about it. Right now Chicago Executive reports scattered clouds at 3600 ft and a medium (9 kt) breeze; nothing I can't handle. However, the forecast calls for gusts to increase to 18 kt, thickening clouds, and the possibility of thunderstorms this afternoon.

Today's mission, though, was simply to fly up to Waukegan or Kenosha, shoot some landings, and return. Today's weather forecast ordinarily wouldn't stop the flight, because as the weather deteriorates, I only have to fly 15 minutes and be home. Not to mention, I'll never be more than 6 minutes from an airport, as the whole point of the flight is to practice landings.

So why stay on the ground? Because I decided I didn't meet the IM-SAFE checklist. Here's how it went: Illness, no; Medication that causes physical impairment, no; Stress, hmmm; Alcohol, no (nor its effects—the FAA considers "under the influence" to include a hangover, even with a zero blood-alcohol content); Fatigue, hmmm again; Emotion: not an issue.

See, today, I'm thinking about the stack of reading materials for Duke on top of a lot of client work due this week, and even though I got a good night's sleep, I feel like I could have gotten more. Am I safe to fly around the airport and practice landings feeling like this? Yes, I believe I would be—if the weather were perfect. But the winds and clouds are going to increase while I'm getting fatigued from all those landings, which means each landing will be much harder than the last one. That means I probably won't learn from them, I'll probably start to get frustrated, and then by the time I return to Chicago Executive I'll be cranky, tired, and fighting gusty crosswinds while trying to get an aluminum tube to fall 500 m out of the sky so gently that someone can use it again. Not to mention, it's an hour-long drive each way, two hours in which I could be writing for clients or reading for school.

So it's a very tough call, and I'd really like be up there today. Just not enough to risk wasting the trip.