Witch hunting is always in season at Skadden - boil and bubble

Double, double toil and trouble*

William Shakespeare (1564-1616)

                      from Macbeth

A dark Cave. In the middle, a Caldron boiling. Thunder.

                Enter the three Witches.

       1 WITCH.  Thrice the brinded cat hath mew'd.
       2 WITCH.  Thrice and once, the hedge-pig whin'd.
       3 WITCH.  Harpier cries:—'tis time! 'tis time!
       1 WITCH.  Round about the caldron go;
    In the poison'd entrails throw.—
    Toad, that under cold stone,
    Days and nights has thirty-one;
    Swelter'd venom sleeping got,
    Boil thou first i' the charmed pot!
       ALL.  Double, double toil and trouble;
    Fire burn, and caldron bubble.
       2 WITCH.  Fillet of a fenny snake,
    In the caldron boil and bake;
    Eye of newt, and toe of frog,
    Wool of bat, and tongue of dog,
    Adder's fork, and blind-worm's sting,
    Lizard's leg, and owlet's wing,—
    For a charm of powerful trouble,
    Like a hell-broth boil and bubble.
       ALL.  Double, double toil and trouble;
    Fire burn, and caldron bubble.
       3 WITCH.  Scale of dragon; tooth of wolf;
    Witches' mummy; maw and gulf
    Of the ravin'd salt-sea shark;
    Root of hemlock digg'd i the dark;
    Liver of blaspheming Jew;
    Gall of goat, and slips of yew
    Sliver'd in the moon's eclipse;
    Nose of Turk, and Tartar's lips;
    Finger of birth-strangled babe
    Ditch-deliver'd by a drab,—
    Make the gruel thick and slab: 

    Add thereto a tiger's chaudron,
    For the ingrediants of our caldron.
       ALL.  Double, double toil and trouble;
    Fire burn, and caldron bubble.
       2 WITCH.  Cool it with a baboon's blood,
    Then the charm is firm and good.

* Bette Midler in the 1993 film 'Hocus Pocus,' a comedic twist on the Salem witch trials of 1692

Japan's culture of secrecy and shame

Beautiful, serene...but only on the surface.

A-culture-of-secrecy

Why Japan probably isn’t telling us the worst about its nuclear disaster.
BY MICHAEL HIRSH

"March 17, 2011 Any foreigner who lives in Japan—as I once did—is familiar with this phenomenon: If you ask a Japanese person on the street for directions, and they don’t know the answer, sometimes they’ll direct you anyway just to avoid the embarrassment of having to admit they don’t know how to get there or can’t help you. It’s an illustration of what the American anthropologist Ruth Benedict identified long ago as Japan’s culture of “shame,” meaning the Japanese people are raised to behave based on how they’ll be perceived by others, as opposed to more Western notions of “guilt,” in which a sense of right and wrong is internalized as a moral code.

Like all capsule descriptions of national cultures, this one is too simplistic, especially for a globalizing world. But it may give us some insight into how the Japanese government is dealing with the nuclear emergency that its prime minister has called the worst disaster since World War II.

Tokyo is almost certainly not telling us the full truth, which has been getting more and more embarrassing. And despite the outside sources of monitoring available, the truth may be far worse than we are being told, if history is any measure."  ....  article continues, ending with some bottom line advice: Don't trust the Japanese [radiation safety] directions.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

As Japan's flagship company, doesn't Toyota play by the same rules? While it may already be obvious to those involved with the Toyota MDL, allow me to point out that this brouhaha over the Barr powerpoint, which seems geared to keeping dark secrets under wraps, bears a striking resemblance to the pattern of censorship and misinformation after the Fukushima disaster. 

Shame trumps truth.

Ruins of Goliath's home town

A place called Tel Gat.

This place, often referred to as "Gath" in English, is reliably reputed to have once been the actual home of Goliath, before he was slain by David.

In this 2010 photo, that is me standing on top.

This hill of ruins is now home to no one but chameleons and lizards.

Some thoughts on Toyota's "ambush" ex parte application

An ambush.

Somewhere in the filings opposing Toyota's ex-parte application to compel Barr, the word "ambush" appeared to describe what Toyota had done.

Toyota did the same thing to me as they did to Michael Barr, basically. First there were vast demands for documents, then they ran to court to apply for an OSC when they did not get exactly what they wanted.

I have a very queasy feeling of being abused by arrogant people who, for the sake of their client's defense, purportedly, do not recognize me as a human and as a citizen with equal rights under the law. Mr. Barr and I have rights. We have more rights than does this corporate "person," this fictitious entity named Toyota.

From all of their filings, these defense counsel seem to want to treat us as some bugs that their giant client is entitled to simply squash. I feel like they think that I exist only to be trampled on while they do whatever it takes to get what they want from the court, just the very thing so aptly described as "gamesmanship" by Mr. Bucknell with respect to demands on Mr. Barr and also all the involved lawyers.

Of course Toyota's defense counsel must know that all of their demands that go far beyond what the court ordered would cause many a late night of work for me and for all of us opponents, lawyers and all of us.
Very good and dedicated lawyers with vicious opposing counsel seem to recognize that their duties to their clients sometimes will involve working all night. This is new for me. I deeply respect that kind of dedication.

I do not know directly, but I guess that this latest ex parte probably caused at least several people to work all night. What could possibly have caused Toyota's lawyers to want to do that to their opposing counsel? I imagine this is the tip of a large iceberg and that this conduct has been going on for three or four years now.

The conduct of Joel Smith and Lisa Gilford, in particular, reminds me very sharply of the behavior of abusive people, those excessively selfish folk who might be labeled as having various mental health disorders--narcissism, sociopathy, paranoia, even megalomania--I don't necessarily think that these two individuals suffer from such mental disorders, but their conduct in Toyota's defense sure brings these disorders to mind. I am reminded also of once, many years ago, when someone assaulted me with a car. The police could not manage to put together a case with sufficient evidence of intent. And the driver walked free.

Like that, something very wrong is happening here, and so far these people seem to think that they can get away with it. I hope they will soon absorb the message that they must stop.

Plaintiffs' counsel Benjamin Bailey: Toyota's "Scorched-earth attack"

 HOT LAVA: Toyota's "scorched-earth attack" on Barr and potentially many other experts 
may have seemed like smoking lava ready to roll over everything in its path.

ORGANIC MATERIAL: But in truth it consisted of much steaming material, sitting still, 
that will eventually decompose to 10% of its original weight.

Court order for scope limitation on Barr discovery

National Law Journal: Translator Refutes Toyota Contempt Motion...

article continues:

Translator-Refutes-Toyotas-Contempt-Motion-in-Leaks?mcode=1202674804924&slreturn=20140929091937

Plaintiffs: Toyota doesn't follow the rules

Lisa allegedly tries to ...

Plaintiffs' objection to and motion to strike Toyota's reply

Lisa's plot

Lisa repeats herself, perhaps a bit more thickly:

David Kelley letter to Jessie Powell, a Prius owner with a complaint

Patience.

Here is a letter from independent monitor David Kelley in reply to a complaint letter submitted by activist Prius owner Jessie Powell. Notably, he says he will "look into the issues [she has] raised."

With Jessie's permission, I am posting this to encourage others with complaints to submit them to Mr. Kelley. We may eventually see some results if enough of us write in with our experiences, providing all the evidence of whatever Toyota did or did not do in response to customer concerns and requests.

As Ovid opined, water dripping on a stone can eventually change the shape of the stone.

Mr. Kelley's email address for submissions:

 toyotamonitor@cahill.com

(or he will accept postal mail too)

Brain salt--might cure NHTSA before the next safety debacle

 NHTSA: shake liberally on food every meal.

For eliminating chronic NHTSITIS HEADACHE and REGULATORY INDIGESTION,

 the painful maladies that cause a ten year delay before fatal defects are even noticed.

air-bag-deaths-draw-scrutiny-of-congress-as-recalls-widen/article_8e7854c9-b6a7-54f0-aa7c-817a34f44eb5.html

SOUTHFIELD, Mich. • The congressional investigators who dug into fatal defects in General Motors and Toyota cars are now asking U.S. safety regulators to brief them about potentially deadly air bags.

Staff from the House Energy and Commerce Committee, chaired by Michigan Republican Fred Upton, requested an explanation from the National Highway Traffic Safety Administration about recalls of Takata Corp. air bags linked to four deaths.

That came a day after U.S. regulators expanded the number of vehicles they said were vulnerable by 3 million, to 7.8 million, and GM joined Toyota in warning people not to sit in front passenger seats. While NHTSA is urging people to be cautious, its website for checking your car's status has been overwhelmed by heavy traffic.

"Auto safety continues to be a top priority for the committee, and our staff is continuing to monitor a number of issues before NHTSA, including these air-bag recalls," according to the committee's statement. "Staff has requested a briefing with NHTSA on the status of the Takata recalls and the agency's investigation."

Meanwhile, Jim "apologetics" Lentz hits the media circuit again, 

explaining just how responsible Toyota is being for the safety of its customers.

Jim's kissy kissy to interviewer.

Nissan to provide ambulance vehicles for support against Ebola in Liberia

YOKOHAMA (October 27, 2014) - Nissan Motor Co., Ltd. is donating vehicles to be used as ambulances in Liberia to help ongoing efforts to fight the Ebola virus.

Liberia is one of the countries worst affected in West Africa by the epidemic. The ambulances, based on the Nissan Patrol SUV, will be provided to the President’s office of Liberia which will organize their deployment. Specially adapted and equipped with stretchers and first aid kits the ambulances will be used for urgent rescue efforts. The Patrol is perfectly suited to conditions in Africa and with its rugged build will help medical personnel to reach even the most remote areas. Some units will be donated outright with more provided at a discount. Discussions are ongoing between Nissan and the authorities in Liberia who are assessing their needs.

The pledge is a gesture of the heartfelt sympathy of employees of Nissan around the world to those who are affected by the disaster, and their wish for the earliest possible recovery.

**************
Good start. Now, Toyota, how about you?

Toyota wants to use big data collected from its vehicles

Catching all driving data.

An upbeat article about the growing automaker involvement with Israe'ls high-tech sector:

Globes: article-Israeli-innovation-gives-global-auto-industry-added-value-1000980470

One chilling comment from Toyota:
"According to [Toyota senior researcher in info tech Susumu] Kono, the subjects of interest to Toyota are using big data stored by the company from the use of its vehicles, such as driving speed, the road situation, temperatures inside and outside the car, etc. "We want to see how we can use these data with innovative developments," he explained."

This may sound nice at first blush, but just think of the implications for product liability plaintiffs who may not want the defendant to know their driving habits--it can provide the automaker with zillions more data items through which to search for reasons to blame the driver for any crash or for any type of crash. Given the enthusiasm with which Toyota vacuums up every scrap of customer complaint data while stonewalling customer requests for help and information on SUA, I am dubious that Toyota can be trusted to use this data solely for its benefits to drivers.
*********************************

Remember: Christopher Eves, with love

Roses to remember Chris.

Chris Eves is still loved, even though his life on earth ended one night in a Tundra.

I join his parents in remembering him today, the anniversary of the seventh year since his passing.

Chris, we miss you.

Inch of gold.

Toyota GC Chris Reynolds: "Factually, I don't see too many issues we can't get by"

Smile, Chris.

in 2012: "Factually, I don't see too many issues we can't get by," Reynolds said. "If a bunch of rocket scientists couldn't find anything wrong with our cars, I'm not too worried about plaintiff lawyers."

Automotive News-toyota-towering-defense-task

Chris made this public statement 2 years after the grand jury 

started the criminal investigation for fraud.

Signature on DPA

Gamesmanship

Gamesmanship in the Old West.

Gamesmanship as a civilised art is as old as the competitive spirit in man. It is polite psychological warfare. It is the moral equivalent of assault and battery. It is The Art of Winning Games Without Actually Cheating.

Go. Gamesmanship in the Far East.

The classic book Gamesmanship topped the bestseller list in Japan, where its author  Stephen Potter was made Honorary Life President of a Gamesmanship Society formed at Tokyo University. 

Toyota defense counsel Joel Smith

Joel arrives in Santa Ana.

LA Times Toyota Lawsuits

November, 2010

In a webcast news conference, Toyota attorney Joel H. Smith said there was no evidence that even a single crash could be attributed to the cars' electronic throttle control systems.

toyota-source-code-automakers-crown-jewel-20110225-132000-234.html

February, 2011

Eye spy.

Toyota attorney Joel Smith proposed Friday that each page printed by the plaintiffs be marked with a radio frequency identification tag that can be detected by a scanner at the door to the study room. The judge suggested the two sides split the cost of the tagging, which could cost up to $1 per page.

"We'll know who walked out with a page of our paper," Smith said. "If somebody tore a piece of paper off and tried to take the untagged portion, the guard's going to have a page that's missing its tag. I think it's a very ingenious system that will add significantly to the security."

Automotive News: Toyota Defense

June 2012 (when Barr was already at work)

Smith: "It is a simple task now for the plaintiff to make broad statements of defect, but they will have to back that up with reliable scientific proof. We look forward to our turn, when plaintiffs finally have to prove something."

Mouth.

"Hogan's Heroes: The Witness (#4.23)" (1969)

Maj. Wolfgang Hochstetter: You will all stay away from that rocket. [It is our crown jewel.] Did you hear me? What is going on there? Back, back, all of you. Back 
General von Rauscher: Who are you? 
Maj. Wolfgang Hochstetter: Major Hochstetter, Herr General, in charge of security here, and you're all much too close to this rocket. 
General von Rauscher: My dear major, there is no danger of it firing-... 
General von Rauscher: Firing? Who's worried about firing? I'm worried about spying. 
General von Rauscher: Are you aware that I am in charge of this project, and that this is the inventor? 
Maj. Wolfgang Hochstetter: [Zagoskin hands him his notebook] Until I clear you, you will please stop inventing. 
[points at Marya] 
Maj. Wolfgang Hochstetter: Who is that woman? 
General von Rauscher: She is my interpreter, Hochstetter. 
Col. Wilhelm Klink: Yes, Major Hochstetter. And I believe a full corporal. 
Maj. Wolfgang Hochstetter: What is this bunglar doing here? 
General von Rauscher: Responsible for the security of our witness. 
Maj. Wolfgang Hochstetter: I AM RESPONSIBLE FOR SECURITY HERE. What witness? 
Col. Robert E. "Mike Barr" Hogan: Hi there. 
Maj. Wolfgang Hochstetter: What is this man doing here? 
General von Rauscher: Hochstetter, I am in charge of this project. And I am operating UNDER DIRECT AUTHORITY OF THE GERMAN GENERAL STAFF. 
Maj. Wolfgang Hochstetter: Traitors, all of them. What is this man doing here? 
General von Rauscher: I AM IN CHARGE OF SECURITY-... 
Maj. Wolfgang Hochstetter: WHAT IS THIS MAN DOING HERE? 
General von Rauscher: He is our witness. 
Maj. Wolfgang Hochstetter: Witness? You have chosen the most dangerous man in all of Germany as a witness. The Gestapo is taking over. I will surround this camp with a ring of steel. Anyone within a hundred yards of this rocket will be shot und reshot. 

My filings: Response to Toyota's application for OSC for contempt

To court we go.

Response to Toyota's application for OSC for contempt (docket 4726)

Plaintiffs: Toyota's manufactured legal "emergency"

A nighttime "emergency"

Plaintiffs' filings objecting to Toyota's application to compel Barr

Excerpt:

...Toyota's creates an "emergency" when its interests are threatened.

But the company never admits to a true and proven safety emergency with a dangerous ETCS...

since that only affects its victims.

Toyota to Barr (in sealed motion): Give us everything

Toyota counsel Lisa Gilford: "Step right up, Mr. Barr."

Plaintiffs: Toyota "obfuscates before the court the vital point..."

Vital point.

from Plaintiffs Objection, Introduction, written by Mr. Bailey:

Plaintiffs: "Toyota refused to answer"

 There just ain't. Period.

From the declaration of Mr. Bailey:

Plaintiffs objection: Barr Powerpoint is public information, despite Toyota's claims to the contrary

A surprise.

Excerpt from plaintiffs Exhibit 7, Mr. Baker's declaration:

Here are the plaintiffs filings with exhibits, from the court's docket:

Plaintiffs objection to Toyota's claim that the Barr Powerpoint is source code protected

Legal team at work, in tight formation

Off we go, into the wild blue yonder.... at 'em boys, give her the gun...

Today we are working together to finalize my defense to the Order to Show Cause. In other words, we are preparing to tell Judge Selna why I should not be held in contempt of his court.

This filing is due in a couple of days. I am not sure how long it will take to become public--probably a day or two after that. 

It is an interesting process for me to learn how the facts fit in with the law. I love the ideals of social order and true justice, and I wish those ideals could be manifest in the rule of law everywhere around the world some day soon. Meanwhile, blessings upon my legal team for their integrity, energy, and intelligence.

we live in fame or go down in flame...

Air force song "Wild Blue Yonder"- video, lyrics

Plaintiffs objection (under seal) to Toyota's contention that Barr Powerpoint is source code protected

How interesting! Toyota contends that the holy grail Barr PowerPoint is source code protected,  highly confidential information. The plaintiffs have submitted their arguments about why they think it is no such thing at all.

We eagerly anticipate Judge Selna's answer.

Dr Johan van Zyl, CEO of Toyota Africa...Ebola response leader?

Handsome ambulance man.

With our hurting eye, we look to you, 
as a man with the power to make and give ambulances to get us to hospital to help us stay alive.

You have a plant in South Africa operating at well below capacity. 

Use it for good, Johan, now, meanwhile.

.

Toyota's dealer in Monrovia, Liberia donates 550 buckets, etc.,$10,000, and maybe one ambulance and a truck to combat Ebola

Buckets for fighting Ebola.

Writing about SUA seems a little ludicrious when the world is facing a far more horrible type of death. The invisible contagion of dangerous source code that is replicated in millions of vehicles is there still, and remains dangerous. But I feel strongly that Ebola cannot be ignored...anyway, I am going to digress in this post and perhaps in more posts to see what kind of help Toyota is providing the people in west Africa in the countries where it does business. Toyota's cash holdings are now over $48 billion.  $10,000 (from a dealer, which is of course not even the same business) comes out to such a small fraction that the calculator on my phone cannot even display it in decimal form--too many zeroes. 

I think that some of Toyota is reading this blog, so I hope to share the message that the company is under observation on this issue. 

In Liberia, where the total number of ambulances in Monrovia is around only 15, there is a dire need for more ambulances for the living.

Pickup trucks are used for the dead bodies. Videos of the body bag pickups show that some of these are Toyota Tundra trucks, and perhaps others.

Googling for "Toyota Ebola Liberia," etc. I happened upon this article that describes a small donation by Toyota's dealer in Liberia. I am underwhelmed by the buckets, etc.. Although this is better than nothing, surely, I hope that this is only the beginning.

With all of its cash, Toyota could stop Ebola completely, all by itself. Why not try!

CICA Motors Joins Fight Against Ebola

Sun, 09/28/2014 - 21:27 admin

-French Business Firm Donates Anti-Ebola Materials to 12 Communities in Logan Town

By: 

George D. Kennedy

CICA Motors Liberia Inc, a leading motor vehicle dealer currently seated at Toyota Garage in Logan Town, Bushrod Island, has joined the fight against the deadly Ebola virus disease (EVD), donating several cartons of assorted antiseptics and buckets to 12 communities in Logan Town. The items included 550 buckets with faucets, 43 cartons of chloral, soap and Ebola awareness flyers valued over US$10,000. Each of the 12 communities got 50 buckets each, four cartons of chloral, four cartons of soap and anti-Ebola flyers, amongst others.

 Making special remarks at the donation ceremony at the company’s head office, over the weekend, CICA Motors Managing Director Marc Boisgarnier thanked the government of Liberia and its international partners for their efforts in fighting the Ebola virus.

 Mr. Boisgarnier pleaded with the public to adhere to the preventive measures prescribed by the Ministry of Health and the World Health Organization in order to defeat the Ebola virus in the country. He pledged his company’s commitment to continuing to do business in Liberia and to fighting the deadly Ebola virus in the country.

 He told community residents that Ebola is real and warned them against taking the fight against the virus lightly. “I don’t want you to think that this virus does not exist. Ebola is real and kills,” he said.

 CICA arrived in Liberia in December, 2013 after taking over from REELIN, a vehicle dealer that operated TOYOTA Garage on Bushrod Island.

 The French company is part of CFO Group based in France and considers Liberia as a strategic business center.  CICA Motors is owned by CFAO Group with Toyota sitting in as its major shareholder. Its sells brand new Toyota vehicles and Bridgestone tires, amongst others.

 “We are here to help you and your communities develop to decent levels,” Marc said. “We hope that these buckets will help a lot of people in the Logan Town Community as we fight the Ebola virus together.”

 In an official statement read on behalf of the Company, CICA Motors’ market supervisor George N. Woltoe warned that Ebola is one of the deadliest viruses in the world with fatality rate of up to 60 percent.

 “As there is no known cure and no vaccine, the best way to contain the outbreak of Ebola is to educate people to recognize the symptoms early, as the risk of transmission of the virus is far lower in the early stages,” he said.

 He disclosed that CICA Motors is working alongside Liberia’s Ministry of Health and Social Welfare and the Liberian National Red Cross Society to create awareness to its staff on preventive measures.

 CICA Motors had also donated US$10,000 in cash to the Liberian National Red Cross Society (LNRCS) on Thursday, September 25 to help with the fight against Ebola. That donation took place at the French Embassy in Monrovia along with seven other companies who are members of the French Business Club in the country.

 Mr. Woltoe noted that the donation to the LNRCS at the French Embassy and the one to the 12 communities in Logan Town where CICA Motors Liberia Inc. is based, are all intended to help the government and communities fight the Ebola virus.

 He thanked CFAO and Toyota Tsusho for supporting CICA Motors’ desire to contribute to the fight against the Ebola virus.

 Mr. Woltoe used the occasion to disclose plans in the offing by CICA Motors and its partners to donate an ambulance and a truck to the LNRCS to fight Ebola.

 In the fight against the Ebola virus, part of the roles of the LNRCS is to collect and dispose of both Ebola-related ad non-Ebola related dead bodies from the streets and healthcare centers across the country.

 “As a people with one goal to fight this virus, we are giving you these buckets with faucets, chloral, soap and flyers indicating signs and symptoms of Ebola and share with you some preventive measures learned from the LNRCS and the Ministry of Health and Social Welfare,” said Mr. Woltoe.

For his part, the spokesperson of the 12 communities Mr. Richard F. Kollie thanked CICA Motors Liberia for the gesture and assured the French company that the items will be used for the intended purposes. “We are very grateful to you Mr. Boisgarnier and your team. You have done extremely well in helping us and our communities eradicate Ebola from Liberia and God bless you,” Kollie said.

The an-Ebola virus items were made available to the people after CICA Motors Liberia contacted its parent company CFAO Group and its estimated shareholder Toyota Tsusho Corporation (TTC).

The company and its partners have meanwhile agreed to make several other donations to help with fight against Ebola. The communities that received the donation include Zondoe Town, Zinc Town, Little White Chapel, King Peter, Central Logan Town, Gbadi Town and Blamo Town. Also receiving was the Township Commissioner, the general chairman, the general co-chairman, public health initiative, Network (PHINET),Inc, Catholic for Social Action and Radio Bushrod (Dist. #15), amongst others. The Ebola virus has killed over 3,000 people in West and infected nearly 6,000 others in the sub-region, WHO has said. Liberia is the worst hit of the three most affected countries accounting for more than half of the fatalities