Wednesday, October 21, 2009

Beef recall may lead to civil lawsuits

November 2, 10:32 AMLA Legal ExaminerJames Hirsen
One death and 28 cases of food-borne illness appear to have been caused by E. coli bacteria, according to the U.S. Centers for Disease Control and Prevention. Another possibly related death in New Hampshire is under investigation.
If the 28 people who contracted food-borne illness and one person who died of food borne illness got sick from bacteria in ground beef, they all may be able to bring a case in civil court against the suppliers and distributors of the tainted meat.
Over the weekend, Fairbank Farms of Ashville, New York, recalled 545,699 lbs (248,450 kg) of ground beef products.
The beef went to retailers including Trader Joe's, Price Chopper, Lancaster and Wild Harvest, Shaw's, a unit of Supervalu, BJ's, Ford Brothers and Giant, a unit of Ahold, in eight states -- Connecticut, Maryland, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania and Virginia.
All but three of the 28 cases listed by the CDC were in the U.S. Northeast and 18 were in the New England states.
E. coli can cause bloody diarrhea, dehydration and, in severe cases, kidney failure. The very young, the elderly and people with weak immune systems are the most susceptible.
The company has urged consumers to check their freezers for products listed in the recall. Labels of the recalled packages will say EST 492 inside the USDA seal.
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SOAP AND WATER VS. HAND SANITIZERS
By Stephanie Tweito Jacob


We all know that having clean hands is one way to prevent seasonal cold and flu viruses, including H1N1 swine flu. But should you wash with soap and water, or coat your hands with disinfecting gel from one of those dispensers that seem to be appearing in more and more restrooms, offices, hallways and stores?
If your hands aren't actually grimy, the best way to clean them is to use hand sanitizer, James Scott, a microbiologist at the University of Toronto's Dalla Lana School of Public Health told "Best Health Magazine." "It reduces the bacterial burden to a greater extent than soap and water," he said. "And your hands stay cleaner longer than if you were to use soap and water."
The waterless gels and foams have also been found to be effective in preventing the spread of viral and bacterial-based diseases like seasonal colds and flus. One study found that college students with hand-sanitizer dispensers in their dorms had fewer complaints of coughs, chest congestion and fever. Plus their risk of getting sick was 20 percent lower than students whose dorms did not have the dispensers.
But the hand sanitzers must contain 60 percent or more alcohol, according to the FDA. Skim past the "kills 99.9% of bacteria" claim on the package and instead be certain that the active ingredient listed is either ethanol or isopropanol, at a percentage over 60.
They also must be used correctly. Make sure hands are free of visible grime and dirt and then apply a palm-full of product and rub vigorously for 20 to 30 seconds, making sure to distribute the sanitizer between your fingers, under your nails and jewelry, on your wrists and on the backs of each hand.
Never rinse your hands with water or wipe them with a towel after using a hand sanitizer -- this will counteract the effect of the product.
Another gold star for hand sanitizers: They tend to be gentler on skin than soap and water. Despite their high alcohol content, which is often thought to make creams and gels drying, one study found alcohol-based hand sanitizers left skin in better condition than antibacterial soap. "Most of the modern hand sanitizers have emollients in them that will actually improve skin condition," Scott said.
But, don't toss your soap dispenser just yet. While the high alcohol content of hand sanitizers can kill bacteria, it doesn't necessarily clean your hands. That is, it does not cut thorough grime like dirt, blood, feces or other bodily fluids. Therefore, soap and water must be the first choice in restrooms. It is also essential in the kitchen as alcohol doesn't kill the foodborne bacteria E. Coli as well as soap and water does.
The best way to wash your hands with soap and water is to rub hands vigorously for at least 20 seconds, scrubbing front and backs of hands, wrists, and between fingers and under fingernails, according to the Mayo Clinic. Rinse well, dry hands with a clean or disposable towel or air dryer and, if possible, use your towel to turn off the faucet.




ADULT/CHILD? THE MACHAEL JACKSON SYNDROME
By-Jim Caulder – 10-25-09


Michael Jackson was born with an incredible amount of talent. He worked hard to develop his talent and achieved celebrity status by the age of five.
Some believe that he was forced to practice, was abused, exploited and not allowed to have a normal childhood. Joe Jackson, Michael`s father, has been named as responsible for most of these offenses.
The truth will never be known about many facets of Michael`s life. How he was treated as a child, as well as how he treated children will forever be debated.
The inability to know the truth will not stop people from making up their minds about his character and the extent he alone should be held accountable for his behavior. His value as a human being and the value of his contribution as an artist will also be debated. We will each in our own way, with our own set of life experiences, our values, sort through what we have heard, seen, feel, and will arrive at a conclusion that we are comfortable with.
I am no different than anyone else. I arrived at my comfortable conclusion long ago and it has not been changed by his death. Michael Jackson was weird. I don`t know if he was mistreated as a child, nor do I know if he mistreated children. But, he was a strange individual. He had talent, but his adult life, as defined by his years on this earth, was troubled, and troubling to me. I say it that way, because, I am not sure he ever grew-up emotional/mentally. His personal choices showed a lack of judgment possessed by most adults.
I think he was deprived of a normal childhood, was pressured to be all that he could be in a narrow entertainment definition. However, he would never have risen to the heights that he did, if he had not been driven externally and internally.
Only Michael Jackson could answer the question of whether it was worth losing his childhood to gain celebrity status. He did answer that question. Michael when asked if he would give up his stardom in exchange for a normal childhood replied “NO”! Yet, he could not live with who he was. He made choices that led to his death.
Michael Jackson, is history, and will soon be forgotten.
Many young children are growing up in the entertainment industry. Are we going to see this sad example of child exploitation and adult addiction to self-destruction repeated a thousand times over? What is our role/duty as a member of this society? Should we enact laws to protect children? Should we allow our children to buy products, or attend concerts, or even listen to music performed by exploited children?
From Judy Garland to Michael Jackson, the tragic pattern continues. Our society produces child stars that become adults with child-like behaviors and self destructive tendencies. We elevate child stars to celebrity deity, and then can`t avert our gaze as they plunge into their personal hell!

Obama Birth Issue - STILL Questions: U.S. Federal District Court Justice; heard arguments; taking under advisement
October 20, 2009 03:39 PM EDT (Updated: October 20, 2009 03:44 PM EDT)

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Many are STILL discussing the birth issue surrounding President Obama. This apparently is not going away, anytime soon.
Received this email yesterday from the United States Justice Foundation, a non-profit organization. You will read some of the arguments made before this court, by the DOJ and the USJF.
From The Desk Of Gary G. Kreep, United States Justice Foundation
Barack Obama is sweating it out after his Department of Justice ("DOJ") attorneys walked into court expecting United States Federal District Court Judge David Carter to dismiss the birth certificate case. Why you ask? Simply because they "think" Obama is President. Their arguments were hollow and unconvincing. and after hearing hours of argument, the Judge Carter "took the matter under submission." He has still not issued a ruling, 10 days later!
Is The President Above The Law and the Courts?
DOJ attorneys tried to explain to the Judge that no Court in the United States had the jurisdiction to rule on whether Barack Hussein Obama was eligible to serve as President of the United States? In their view he could only be impeached and/or disqualified from the Office of President under the 25th Amendment to the U. S. Constitution.
NOT TRUE! USJF pointed out to the Court that both the impeachment statutes, and the 25th Amendment required a sitting President, but if Mr. Obama is not eligible to serve as President, he could not be, and never was, a sitting President, so those options for removal could not apply. Therefore the courts would have jurisdiction.
HELP US MAKE BARACK HUSSEIN OBAMA PROVE IF HE IS ELIGIBLE TO SERVE AS PRESIDENT OF THE UNITED STATES: CLICK HERE NOW!
Monday, October 5, 2009, , at 8:30 a.m., in California, was a critical milestone for our entire legal and public relations effort to force Barack Obama to produce his birth certificate and to prove whether he is eligible to serve as President of the United States. And with your support USJF was able to be there to argue the case.
The case has an excellent chance to survive the Department of Justice ("DOJ") motion to dismiss what has proven to be the best chance for America to have a hearing on the merits of this critical Constitutional issue.
What happened that day in Court? It's very simple—the DOJ attorneys brought up every argument that they could to try to persuade the Court to dismiss this case
USJF provided sound legal arguments against the DOJ legal theories; otherwise the whole case could have been over right then and there! The USJF oral arguments will be the difference between this case surviving or being dismissed.
The Judge raised issues critical to our case:
1. Did Senators question the eligibility of Mr. Obama? (Only Senators Coburn and Shelby and a number of House members.)
2. Were objections made by Members of Congress when the vote of the Electoral College was certified? (NO, then Vice-President Cheney had not performed his required duty of asking for objections, so there could have been none raised.)
DOJ attorneys argued that only Congress, and/or the Electoral College, could decide on the eligibility of Mr. Obama. Fortunately, the USJF legal team filed pleadings pointing out that the DOJ legal arguments in this regard WERE WRONG! And, I was there to argue against those claims.
People at the hearing and those who have found out what happened there since have been contacting USJF, thanking us for standing up for the truth!
But the fight is not over yet! We expect a ruling from the Court any day now. If we defeat the dismissal motion, then we're immediately filing pleadings ("discovery") seeking Mr. Obama's birth certificate, his college records, and so much more. AND, we'll be seeking to depose Mr. Obama ASAP!
And if the Court grants the motion to dismiss, we'll be immediately filing an appeal of the decision!
But we can only do this if we have your financial support!
Judge Carter has set a trial date of January 26, 2010 in this case. To keep that date, we need to defeat the DOJ dismissal motion, and then, IMMEDIATELY, move right into the discovery phase discussed above. BUT THAT WILL BE VERY EXPENSIVE AND WE WILL NEED TO:
Retain attorneys in Washington, D. C., to take the Obama deposition.
Retain attorneys in Hawaii to take the deposition of those in control of the Obama birth records and school records.
Take the deposition of Occidental, College officials to obtain Obama school records
We will have to retain attorneys in Massachusetts to take the deposition of Harvard. Law School officials to obtain Obama school records.
Pay the cost of the court reporters for all of these depositions. Plus,
Pay the cost of serving the subpoenas on the various witnesses.
HELP US MAKE BARACK HUSSEIN OBAMA PROVE IF HE IS ELIGIBLE TO SERVE AS PRESIDENT OF THE UNITED STATES: CLICK HERE NOW!
We expect the DOJ, as well as Mr. Obama's private attorneys, to fight us every step of the way! Obama attorneys will file motions to block the depositions in each and every state, and the District of Columbia by the Obama defense team!
WE WILL NEED MORE HELP TO:
Question the issue of the passport files of Mr. Obama! We're going to be going after the records of how he traveled abroad without a United States Passport in the 1980's, as he admits doing.
Question the issue of his alleged adoption by his step-father in Indonesia! We'll be seeking records about that also!Resolve questions about his Selective Service files! We'll be seeking records concerning that also!
But, first, we have to get past the DOJ dismissal motion!
The DOJ's motion to dismiss also claims that our clients have no "standing," that the Federal Court does not have "jurisdiction" to hear this case, and that the matter is "political."
But,if we as citizens of the United States have no "standing" to verify the citizenship of the man occupying the White House, who does?
If our Federal Courts have no jurisdiction to hear this case, who does? It's not a "political" question, it's a CONSTITUTIONAL question!
Last November, people said we were crazy to pursue this issue. Now, we've been shown to be right in our pursuit of the truth. It's not just the original birth certificate that they're refusing to release. Barack Obama's legal team has spent, according to published reports, over $1.4 million dollars so far to STOP anyone from seeing ANY of his actual identification documents, and many other documents.
WHAT is Barack Obama trying to hide? WHAT is he afraid of? WHY doesn't he just release these documents to prove he is a natural-born citizen and therefore qualified to be president -- especially his actual birth certificate?
When Barack Obama officially entered the office of President, he became, in essence, a "pretender to the throne." According to the Constitution, only a "natural born citizen" can occupy the presidency.
Even though he was sworn in on January 20, 2009, Barack Obama is NOT legally the President of the United States, unless he can prove that he is a "natural born citizen."
What's more, every action taken by him while he occupies the White House may be invalid. If he cannot legally be President, every law passed by Congress will be null and void because the Constitution clearly requires that all laws be signed by the President... and, without a legally elected and sworn in President in office, that becomes an impossibility.
This crisis must be ended! And it must be ended NOW!
HELP US MAKE BARACK HUSSEIN OBAMA PROVE IF HE IS ELIGIBLE TO SERVE AS PRESIDENT OF THE UNITED STATES.
And that's just what we're fighting to do. The United States Justice Foundation is spearheading a campaign to protect the United States Constitution... and your liberty.
We have to press our case to stop Barack Obama from, apparently, illegally holding the Presidency, despite the ongoing threats against us. We are speaking of filing additional lawsuits and administrative actions, over and above the dozens already filed, if you will help us today.
Are you willing to see the Constitution shredded by the Left? Will you sit back and do nothing while a foreign-born person may be illegally occupying the White House as President of the United States?
Our country is on the fast track to disaster... but you can help us keep the situation from getting worse. I pray that I'll hear from you today.
Sincerely,
Gary Kreep, Executive Director
United States Justice Foundation
P.S. This is the biggest political cover-up in American history! It would be so simple to release the documents to PROVE Obama is a natural-born citizen… IF THEY HAD THE DOCUMENTS!
America has never before faced such a threat. Everything we hold dear is at risk with Barack Obama sitting as President without him releasing his actual birth certificate, plus the dozens of other documents that he refuses to produce.
Please remember that we are fighting in the California Appellate Court system.
Barack Hussein Obama thinks he can get away with DUPING the American people and DESTROYING the U.S. Constitution. DON'T LET HIM DO IT!

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