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Yesterday 11:08 PM | ||
harposrepair |
I really like your choice of the '65 Impala? tailights! |
Yesterday 10:26 PM | ||
I like it and a damn cool truck to tool around in. Brian |
Yesterday 10:03 PM | ||
lakeroadster |
Custom Side Trim - 1965 C10 Step Side SWB Finished installing custom side trim on my ole beater shop truck: |
Yesterday 09:57 PM | ||
Yeah, I really feel bad driving Jessica out of the garage past Marge up on jack stands in the driveway. I can hear her "Topless *****", I have to go pat her dash board just to reassure her. Brian |
Yesterday 09:54 PM | ||
John long |
John |
Yesterday 09:49 PM | ||
I welded in the two pieces I made last night, then made the next three pieces that will finish up the project. Yes I made another of that one with the half round cut in it, the first one made in one of my five minutes in the garage after work was crap. Brian |
Yesterday 08:33 PM | ||
tech69 |
Yesterday 07:50 PM | ||
harposrepair |
The key to making any air tool last is keeping them oiled and not leaving them laying around on the floor where dirt will get in. A friend of mine had Snap-on air tools in his business and every 3-4 months they had to be worked on. I started cleaning them out in his parts washer by running the fluid through them then taking them outside and running air through them and then oiling them every week. It was at least a year before he had to have them repaired again. I have a generic 3/8 drive air ratchet I bought new for $10 at a BIG car show called "FROG FOLLIES" in Evansville, IN 15 years ago and it still works as good as a new Snap-on. I agree on the cheap rechargeable tools, their batteries just don't last long if you use them everyday. As far as the HF paint sprayers, unless you're expecting show quality paint jobs, they will usually do as good as a Macco job or better. If you look in my photos you can see my Nova and I was painted with a HF sprayer. |
Yesterday 07:11 PM | ||
tech69 |
Yesterday 05:53 PM | ||
I've had good and bad luck with HF items, and it's hard to say don't buy a certain product there. I needed a hole saw for a friend's car, and mine were at home. He said he'd run to HF and buy a set. Brought them back, and if you got them within an inch of metal they were dull before they touched it! My Milwaukie, Lenox, and Greenlee holesaws are years old, and still work great. But I've got numerous HF air tools that I bought as throwaways for projects, and they've lasted years now, and still going strong. Also have a couple HF angle grinders, and they work as well as my Milwaukie. Bought a HF solar security light for my side yard, and the first one quit in the first rain storm. Got another one later, and it's still working so far. I'd never consider buying their battery drive drills, or saws, but they may be OK? Just didn't want to chance them, as the cheap batteries scared me from getting them. I have a pin nailer that looks like the stapler pictured, and got it for my kitchen remodel. It's great, and I love how well it works! |
Yesterday 05:27 PM | ||
deadbodyman |
Yesterday 04:16 PM | ||
hduff |
This was supposed to have been a high-dollar frame-off restoration of my friends' daily driver. He spared no expense on replacement parts and ,while he never told me how much he paid the body guy, it would have been in line with that kind of restoration. The drivetrain/suspension part of the restoration (done by my friend) is meticulous. The body had been lightly damaged in an accident, so those repairs need to be made (not puttyed over). It needs to be noted that my friend (who abandoned the project due to ill health) never saw the completed work; it sat at the body shop for a year before I retrieved it. My friend had paid all the bills, but the fellow tried to shake me down for an additional $400 before he would release the car to me. All the body panels were to have been removed, repaired and re-painted. On these cars, a lot of fitment is required to get all the panels lined up; it's not like you can just bolt them back on. Since there's not much to these cars, fitting all the rest of the car requires the body shell to have all the mounting holes back in the right place and you have to remove and replace the fenders to get the fender beading installed. Now, I do have to give the guy credit for the paint and it looked good (and its till looks good since it spent 10 years in a garage), but the quality of the body work was so poor that it would be ruined trying to get the car put back together properly and had it been on the road the past ten years instead of in my mom's garage, there would be serious rust issues. Years ago, I watched a fellow gut a rusty rocker panel, fill it with newspaper, slap on some Bondo and put a beautiful pain job over it. That's pretty much what this situation is; underneath the pretty is a bunch of ugly. The man didn't do the job my friend believed that he had done. And he pretty much established that kind of reputation before he moved out of the area. Now that the fenders are off, they can be properly repaired. Not an overly difficult job, but a very time-consuming one. The battery box must be replaced; it's too far damaged to be repaired. I have about a dozen caged nuts to replace, again just a time-consuming process. I'm fortunate that the remaining damage is all in readily accessible areas which makes it all the more peculiar that it was not done right the first time. And it's pretty straightforward panel beating and patching, so it's within my capabilities, plus that's the part I enjoy the most.. Did I get a deal? Properly restored and repaired, these cars can fetch $25,000 to $35,000, a lot of that depending on the documentation and quality of repairs. I have about $8,000 in the car, but if I can't repair the fenders (the left front is in pretty bad shape and oly a few patch panels are available), new fenders are $1,000 each and require extensive fitment. The bulkhead is damaged, but looks repairable (won't know until the body filler is gone) but replacement panels are about $800 per side. The battery box is a bargain at $150, but is a lot of work to replace. I'll probably have about $15,000 out-of pocket invested on completion, not counting my time, so I'll do OK in a sale. I'd actually make more $$ by parting it out but I just can't do that. |
Yesterday 03:03 PM | ||
tech69 |
yeah but then you take their HF tool boxes... You can't find one on Craigslist but you do see tons of Snap On/ MAC/Matco boxes. That has got to account for something. The 44" top box for the bottom box I have is on sale til the end of the month and I won't have to make payments on it. It's a great high quality box for the price. Sure there's a lot of tools I bought there and trashed after realizing they were junk but for the most part tools are tools. For most tools it's the man behind the tools. This doesn't mean I think I can get a nice atomized clear out of a harbor freight gun, it means I'll be selective and pick up their welding carts, english wheel (soon), and shrinker/stretcher. When the jaws are worn out on this I'll get better brand jaws from a reputable company and we're lucky to have Lazze to show us how to tune up your shrinker stretcher. I've heard so much nonsense about you need this tool to do this or that...pppffttt... all my metal shaping tools are the cheapest of the cheap and the work proves it's the guy behind the tools, not always the tools. Just got to know what to avoid from HF and the gamble isn't gonna put you far behind when you choose wrong. That said, I have good tools for the most part but no need for snap on wrenches/sockets when my Craftsman are doing fine. Anyhow, just got back from priming the bike, tank, and rear fender. Everything looks amazing! I'm very proud of myself right now and as expected the SF bead rolled gusset patch will need some spot primer after I sand on it and add a little putty. The tank looks amazing and rear fender looks good too. Will shoot some pics when I bring the parts back home. By that time I should have my rims from the powder coater and will shoot some pics when I throw on the spokes. |
Yesterday 10:51 AM | ||
A few interesting things on this subject just came up recently at the shop. The power of marketing, this is why it grabbed my attention years ago and has never let go. I am fascinated by marketing. It can make or break a business, the name of the business can mean success or failure, and it doesn't matter one damn thing how good or bad the product is! So check it out, we have a shop in town marketed as "America's body shop",we all know the one. We have had the owner calling us to ask if we worked on Teslas, a guy with a Tesla was there with a collision job. A TESLA, a super high end specialty car! The guy went to Maaco! You MUST be on a preferred shop list at Tesla to even buy parts, it's a "cult" like car, and the owner went to Maaco? Then in the same week he sent over to us a 2013 BMW M3 convertible that needed a quarter panel bad, a black one, the dude had went to Maaco! WTH! Ahhhhh, the power of marketing. That all being said, this Maaco is a HELL of a value, we send cars to them all the time. And he is doing a LOT of "restoration" work. He will do a complete gutted car, pretty damn nice. He will paint a vintage car without pulling off a moulding and it looks DAMN nice! For a funky old daily driver like my Rambler or an 80's car someone wants to drive everyday, it's a HELL of a value. Like Mike said, the MATERIALS would cost me more than the job at Maaco. Is it "high quality" of course not, how could it be! But it will get you buy damn nice. On the cheap tools at HF Mike, there is one thing that makes a big difference when they are called "junk". It isn't that they may not last as long, I understand that. Especially if they aren't being used much like a home hobbiest, hell yeah, it's killer, so what if they don't last long? Under a home hobbiest hands it's not being used much, so it will last forever. The problem I have with MANY of their tools is they don't work at all, or at least not nearly up to the level of the quality tool. So the pro who wants to save some money is working harder, spending more time to use it, while the home hobbiest thinks the poor work it is producing is HIM when in fact no one could produce quality work with the tool he bought at HF. So many of them are simply junk. The "MIG Welding pliers" I bought are a good example. They wouldn't even fit into the nozzle! The quality Forney is on the right. And the hoses, oh yeah, the hoses I bought for my torch! As long as you KNOW what you are buying (and I thought I did buying these two pieces of crap) maybe some good reviews from guys like you on forums who have used them successfully. My HF staple gun worked great to do my top on the Gran Sport and still working great for other projects. Guys, I highly recommend picking up one of these tools and a few boxes of different sized staples, they are VERY useful for many other projects around the garage and home. It was on sale (without a 20% coupon even) for something like $17. It's a HELL OF A TOOL for only $17! Brian |
Yesterday 09:10 AM | ||
deadbodyman |
Theres an econo type paint shop down the road and they'll paint your car for 200.00 its a heck of a deal since I cant even get the paint for that ..I bring a car there every once in a while myself, like an old dependable DD that's only worth 1000.00 ,that 200.00 paint job will sell the car quicker,but if you go there with something nice figuring your getting the same job as every shop in town is doing for 3500, forget about it ,they'll ruin it. that's not what they specialize in. Like I said I don't know the circumstances or Petey I just hate it when someone jumps to the conclusion that the guy doing the work screwed the customer when for all we know he was doing a paint job and did all that extra for free, that's why it didn't last. |
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text:
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subset: commoncrawl


text:
A few months ago I bid on an SEO project for a local contractor in the Seattle area. We had agreed on some terms and planned on moving forward. He seemed committed to the project, but for whatever reason I never heard from him again. I followed up a few times but then wrote it off as a dead lead.
A few weeks ago I decided to check out his website. He had a new one, plus at least four more nearly identical ones.
Clearly someone else got the job.
Too bad for him, though. The "SEO" who has been hired to do the work obviously is just in it for a quick buck. This "expert" has talked his new client into buying several keyword rich domain names, made near duplicate sites using the same WordPress template and linked them all together in the footer.
This hired "SEO" is a real gem. He is so cheap he didn't even use private registration. Not that I condone this practice, but if you're going to be so shifty you could at least try to cover your own tracks. It took me all of ten seconds to check the whois record and a quick Google search to verify who this ripoff is.
All of the sites used appear to be brand new (never registered before) domain names, were registered less than two months ago, and some are already ranking on the first page of Google for exact matches of the keywords in the domain names. However not for any of the keyword variants or when the keywords are out of order. And the company's main website is still nowhere to be found.
www.companyname.com – original
Created On:18-Feb-2010 00:33:14 UTC
I didn't want to disclose too much information, because even though I would like to expose this shady SEO, I would hate to see the client get penalized for what his consultant did. I don't think it's his fault he picked the wrong guy. He probably went with the cheapest, and that's exactly what he got!
I'm starting to see a ton of duplicate content websites in the SERPS, mostly companies doing this very thing. I can see how it might be appealing to some – it took this kid less than two months to get first page ranking by linking handful of new sites together and pointing another cluster of spammy links at them. Even so, he didn't do a very good job. I could have got him ranking for a lot more keywords.
There's also a well-known attorney in the Seattle area who has about twenty duplicate websites, and he ranks well for most of them – at least the last time I checked. I still don't think it's very effective overall though.
But what's saddest about this particular story is the client probably thinks his SEO is great because he is already ranking for exact matches of the targeted key-phrases, i.e., the domain names. Not with the actual company website still, though. Obviously it is a little too easy to rank keyword-rich domain names. Some of these duplicate domains are .net, .org, .com or whatever the so-called SEO could match the targeted keywords with. There is no consistency.
The client already had an established and aged domain name, it would have been pretty easy to rank him for all of those keywords on that website. Plus a lot more professional and a much better strategy for the long-term. The tactic used in this example really only benefits the SEO – potentially making him a quick buck or two. By the time the client gets penalized for these duplicate websites, the SEO will likely be long gone, and the client will be stuck starting from scratch.
Part of me feels like I should report this SEO and to say something to the site owner. But I figure I didn't get the contract, and I don't know the prospect any more than that, so It's really none of my business. I guess maybe the best thing I can do is just not say anything at all?
April 13th, 2010 at 12:20 pm Dan Smith said:
Wesley, there is no real point in reporting the SEO — they will most likely just pop up again under a different guise and a little more wise in covering their tracks (unless they are a complete dolt)
I believe the best track is to do exactly what you are doing and that is to promote the benefits of professional, long-term SEO techniques.
There will always be a client base that wants only cheap and most of the time they get what they deserve.
April 13th, 2010 at 12:22 pm Wesley LeFebvre said:
Hi Dan!
I completely agree!
April 13th, 2010 at 12:26 pm Rudy McCormick said:
There are some pretty unusual ways people "think" they will get to the top of google, and yes most "SEO" companies build link farms and as long as they don't use paid links, the big "G" will find them and most likely find them attractive due to the number of linkbacks. Sadly this is so widespread today, and yet the consumer has no idea what is an approved practice and what is…like this situation seems to be…pure voodoo. I have found that when building links to individual pages within a site that its a lot cleaner and easier to use custom domains, but not in this way. I had a bigger resort client ask me one time to put a copy of their site on my web server to provide better local results, which would seem very "black-hat" to me.
April 13th, 2010 at 12:41 pm Aaron said:
While he may have wasted the guy's money with the domains, etc., I don't really consider this blackhat seo.
If he created duplicate sites with duplicate content, then most of them will simply suffer a duplicate content penalty.
If each site is about a different topic, I don't really see the ethical dilemma here. While he may have been able to rank site A for phrases xyz and qrs, he might have felt it better to create a site xyz.com and site qrs.com.
Or maybe he created them because he was having trouble with adwords quality score.
I can think of a lot of reasons why someone might do this. The bottom line to me is whether or not the sites he created are quality sites are spammy trash sites.
My complaint when it comes to creation of the kind of content you are complaining about comes in the form of squidoo lenses, hub pages, ezine articles, blog pages, and 8 million other content directories containing auto generated content using a content spinner.
Anyway, I don't think he probably went about things the best way, but I wouldn't say he crossed any kind of semi imaginary line.
April 13th, 2010 at 1:56 pm Craig Severance said:
SEO is much like the early days of website design. Everyone and their dead relatives are "Experts" and there is no QC in the industry. There also is no entity that can be used to find true experts and true bull shit artists. I think you should contact the client. Just because they did not pick you the first time around, by educating them this time you will be the first one they call when they realize they have been dupped. I spend the first hour educating my customers before I try to sell them anything. If they feel I am trying to make them smarter consumers then the sale becomes effortless and the sale is complete before I make my pitch. I recommend you do the same thing.
On a lighter note, I am currently working http://www.useoit.com which will be used by consumers to learn how to seo their own sites. I am seeking "Experts " to write courses in our LMS (learning management system) and we will sell them to our customers. You will receive 50% of each sale just for writing the course. If you feel you are an expert and want to have your own course where members can learn from you the correct way then you should sign up as a course writer on the site. When a customer completes the course (you create the chapters, pages, quizes and final exam) they receive a certificate of completion. I think you should consider this since it would be a great way to show your potential customers that you are a published SEO professional which will go a long way in your sales pitch.
April 13th, 2010 at 2:06 pm Wesley LeFebvre said:
Thanks, Craig. I'll check it out.
April 13th, 2010 at 2:57 pm SEO Brisbane said:
Unfortunately an all too familiar story. We operate an SEO, SEM and online marketing strategy business in Australia and the practice you mentioned (and many, may others) is also alive and well in our part of the world. We specialise in the Small Business Internet Marketing sector and there is no shortage of less than honourable SEOers peddling a whole host of mistruths. Due to the proliferation of people entering this market (and the low barrier to entry), our sales process has had to adapt. We now spend a large amount of time (unpaid) simply educating the client just as much about what we don't do in an attempt to educate them and forewarn them about the various out right lies and deception they are about have launched upon them.
The most effective sales tool we have used to date has simply been our results. Being able to show a prospect what we have done and how we went about it and being transparent about the process as apposed to trying to portray SEO as some voodoo magic has proven to be a charm.
We've looked at the problem of black hat SEO as an opportunity to differentiate our service offering from the charlatans – in fact the more it goes on the better placed is our business.
April 13th, 2010 at 5:23 pm LR said:
The key issue here is that they are duplicate content websites. There is nothing inherently wrong with picking a keyword-specific URL and writing for it. New, properly written, properly positioned sites with unique content should be (and often do get) ranked highly. The crime in "SEO" is spamming for links, not for unique, fringe URLs. Obviously, I'm not the SEO you reference, but there are merits to micro sites that delve into specific topics, and that's not necessarily 'black hat'.
April 13th, 2010 at 6:07 pm Wesley LeFebvre said:
Hi LR,
I agree. In some cases I wouldn't consider it black hat. Mostly I think this guy is just dumb. He obviously doesn't know how to rank one domain for multiple keywords or variants thereof, so he is taking a "short cut". I mean only a suffix makes the difference between two of the domain names he's using. They offer the same exact services and use the same text.
April 13th, 2010 at 7:09 pm LR said:
Agreed. The tactic the 'large yellow page index' book locally (you know what it is — they advertise on the radio in Seattle) is taking is a unique URL to bypass whatever their client's websites use in favor of a new site, then get their own link juice to feed their new sites. And G snaps this stuff up, especially if you feed in Citysearch… The general tack is that whatever web presence you have is bad, and we'll use our directory muscle to add a new web presence for you and outrank your opponents.
SEO today, in reality, is (a) following the rules of page structure and content readability so that your site does what it should do and (b) just one-upping whatever your competition is doing.
April 14th, 2010 at 12:22 am Jack Fisher said:
Keep cool, no need to compete on a cheap price.
He who buys cheap, pays dear …? think was the saying.
keep us posted and keep up the good work.
April 14th, 2010 at 5:33 am Andy said:
I have been involved in web design and development for 15 years and have come across this quite a number of times and even worked for a company for a while that was doing exactly as you state and then some. I left because I couldn't lie to customers.
In my opinion I would report the SEO, because if no-one takes a stand now, then no-one will and enevitably makes it harder not just for the SEO consultants out there, but also for web designers in general.
We are talking about money and these so called SEO consultants will undoubtably be doing as cheaply as they can to get away with and leaves no room for legitimate competition.
I'll tell you one thing. It's downright hard and frustrating to do the right thing, when you have people like this, that basically rip businesses off. An old saying "when mud sticks".
An even more annoying feature I have come across is the 'Adwords Professional' badge you see on some web sites. Rules state that the badge needs to link back to Google in order to verify etc. Two businesses I reported had the badge on their site and were not 'Adwords Professional'. It took a while but they were removed eventually.
April 14th, 2010 at 8:55 am Wesley LeFebvre said:
Just to be clear: I wouldn't really care too much if this SEO was doing it on his own sites. He can that chance if we wants to. But, I have a real problem with it when I see him putting his client's business at risk.
@Jack It goes something like that. Thanks for the compliment!
@Andy Yeah, I don't know how some people can recommend the things they do. I think I'm on a bit the paranoid side, so I play it really safe, especially on my client websites. No doubt displaying those badges when you haven't earned them is about as shady as it gets.
April 14th, 2010 at 2:49 pm Dan Larkam said:
Wow, sounds like sour grapes to me. Maybe you should convert your whine into wine.
April 14th, 2010 at 3:00 pm Wesley LeFebvre said:
I'm not sour, just thought I'd put it out there for discussion.
April 15th, 2010 at 5:06 am Neer said:
Well, I also face the same things when I go for bid…. Mostly clients look first to the bidders who quote cheap and most of the time bid just get closed with them and we get nothing. Well i think jack is right, we cannot compete to long with them…..
April 15th, 2010 at 11:19 pm Wesley LeFebvre said:
Hi Neer! I see that a lot too. The funny thing is they'll end up paying more in the long-run.
October 4th, 2010 at 2:40 pm piru said:
He used absolutly the same content? I know a team which is making site networks, the only differnce they are making unique content (not 100% unique) I think they decided to get the 3 first rank with their sites…
Is this black hat? Google penalyze for this?
October 4th, 2010 at 4:36 pm Wesley LeFebvre said:
Hi Piru,
From what i can remember he used about 98% of the same content, with the site name and pictures being the only real difference. Regarding the team you are referring to, it is tough to tell whether I would consider what they are doing as "blackhat" without being able to their web sites. At the same time, I'm not sure I really like labeling any technique as blackhat, because nearly everyone has a different perspective on what blackhat is. Some people can get away with exploiting certain opportunities within the search engine while others will get their hands slapped. Can a site be penalized for do what you are talking about? Possibly, but I'd definitely need to know more before I can say how risky it is.
October 5th, 2010 at 5:08 am piru said:
What information you mean? Maybe i have them. This sitenetwork will go for one of my oldest clients keyword, and they are doing only for advertisments
October 5th, 2010 at 8:24 am Wesley LeFebvre said:
The actual website addresses.
The most important thing I can suggest is to keep the content as unique as possible. Even if the services offered are the same, at least re-write the verbiage for each.
May 1st, 2011 at 3:56 pm bryan said:
Nice link-bait article Wesley.
It would have been nice if the article elaborated on HOW to properly use multiple domain names or even WHY what the other 'SEO' did was so bad.
We can save the discussion on title's being relevant to the content for a later date.
May 2nd, 2011 at 9:52 am Wesley LeFebvre said:
PROOF why this method is stupid. All of these websites have gone offline now. This SEO completely wasted this guy's money. Unfortunately for this business owner, his main site still links to all of these domain names in the footer section. The SEO probably wasn't performing, got fired or the contract ended, and now this business owner is out a bunch of money and has a bunch of broken links on his site.
If you're an SEO currently looking for clients, this is a great opportunity to for you to contact this business owner and tell him about his broken links. I don't think it appropriate for me to list the business owner's information here or share those websites with you because I don't want to out this SEO publicly. But, if you're interested in figuring it all out, feel free to shoot me an email and I'll tell you what the four now-offline domain names are.
Is it always wrong to try and rank two separate sites for the same keywords? No, it happens all the time. There are many major media brands that own several websites within the same niche. However, most of them use brandable domain names and offer some unique services and a lot of unique content on each (which is the real key). They don't buy multiple keyword rich domain names with mild variants just to try and rank for those very similar keywords. If you look pas any short term "possible" gains, in the long-run it is going to be much harder to manage, maintain and rank all of those websites, when you could have just focused on one of them. In this case, they didn't give them any real unique content. Just several identical websites with different pictures, and the same text. It didn't work! This is exactly why SEOs have a bad name.


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text:
Originally published Monday, August 19, 2013 at 8:15 PM
Devastating museum looting latest casualty of Egypt's chaos
A 3,500-year-old limestone statue, ancient beaded jewelry and more than 1,000 other artifacts were stolen from the Malawi Museum in Minya in the biggest theft to hit an Egyptian museum in memory.
The Associated Press
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Freedom for Mubarak? Former Egyptian President Hosni Mubarak, on trial for murder-related charges in the deaths of hundreds of protesters in 2011, may be released from prison soon after a judge set aside a corruption case against him. The 85-year-old remains in custody in an additional graft case but is expected to be cleared after his family reportedly paid restitution. State media reported Mubarak would remain in jail for two more weeks on that charge. If released, Mubarak would in effect be free on bail while he stands trial in the slayings of more than 800 protesters by security forces and paid thugs during the 2011 uprising that ended his 30-year police state.
Police killed: The news about Mubarak came as Islamist militants killed at least 25 police officers in an ambush in the Sinai Peninsula. State TV reported that militants forced the off-duty officers from buses and shot them execution-style outside the town of Rafah, which borders Israel and the Palestinian-controlled Gaza Strip. The attack occurred less than a day after Egyptian authorities announced police had killed 36 members of the Muslim Brotherhood who were purportedly attempting to escape while being transported to prison.
Saudi support: As Europeans and the United States considered cutting cash aid to Egypt, Saudi Arabia said Monday that it and its allies would make up any reduction. Persian Gulf states already have pledged $12 billion — dwarfing the annual U.S. military-aid package of $1.3 billion. Saudi Arabia's foreign minister, Prince Saud al-Faisal, on Monday referred to Egypt as "our second homeland" and emphasizing that Saudi Arabia will never allow it to be destabilized.
Brotherhood leader detained: Muslim Brotherhood leader Mohammed Badie was captured early Tuesday in an apartment in a Cairo neighborhood where supporters of ousted President Mohammed Morsi held a six-week sit-in that was cleared by security forces last Wednesday. Morsi, who has been held in an undisclosed location since his ouster, on Monday was ordered held for 15 days in connection with allegations that he conspired to kill and torture protesters during mass demonstrations by the opposition outside his presidential palace in December 2012.
Seattle Times news services
CAIRO — As violent clashes roiled Egypt, looters made away with a prized 3,500-year-old limestone statue, ancient beaded jewelry and more than 1,000 other artifacts in the biggest theft to hit an Egyptian museum in living memory.
The scale of the looting of the Malawi Museum in the southern Nile River city of Minya laid bare the security vacuum that has taken hold in cities outside Cairo, where police have all but disappeared from the streets. It also exposed how bruised and battered the violence has left Egypt.
For days after vandals ransacked the building last Wednesday, there were no police or soldiers in sight as groups of teenage boys burned mummies and broke limestone sculptures too heavy for the thieves to carry away.
The security situation remained precarious Monday as gunmen atop nearby buildings fired on a police station near the museum.
Among the stolen antiquities was a statue of the daughter of Pharaoh Akhenaten, who ruled during the 18th dynasty. Archaeologist Monica Hanna described it as a "masterpiece."
Other looted items included gold and bronze Greco-Roman coins, pottery and bronze-detailed sculptures of animals sacred to Thoth, a deity often represented with the head of an ibis or a baboon.
Under the threat of sniper fire Saturday, Hanna and a local security official were able to salvage five ancient Egyptian sarcophagi, two mummies and several dozen other items left behind by the thieves.
The museum was a testament to the Amarna Period, named after its location in southern Egypt that was once the royal residence of Nefertiti. The area is on the banks of the Nile River in the province of Minya, some 190 miles south of Cairo.
When Hanna asked a group of teenagers wielding guns to stop destroying the artifacts that remained, they said they were getting back at the government for killing people in Cairo, she said.
"I told them that this is property of the Egyptian people, and you are destroying it," she said Monday. "They were apparently upset with me because I am not veiled."
The Egypt Heritage Task Force, a group of Egyptian archaeologists who use social media to try to raise awareness about illegal digging for artifacts and looting, said 1,050 pieces were stolen from the museum.
The head of museums for the Antiquities Ministry, Ahmed Sharaf, said that until now, police have been unable to secure the museum. He accused members of ousted President Mohammed Morsi's Muslim Brotherhood of being behind the looting and attacks on the nearby police station.
Hanna said the looting was more likely carried out by heavily armed gangs of thieves.


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Cousins: Bound by Blood
What I love most about visiting Ithaca is here our children play with their cousins. And it doesn't matter who started it, or who had it first, because you're bound by blood and you have to work it out.
And that teaches you to stand up for yourself when you're right, and give in if you're wrong, because if you don't, your momma's coming after you.
What memory do you have of cousins?
Today we're leaving for Pennsylvania to spend a few days at Hershey Park and Dutch Wonderland. But first, a freshly brewed cup of coffee, thanks to our new Kalorik coffee maker, courtesy of CSN Stores and Lindsay Lou! Blogs.
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Comments (2)
i would have to say my favorite cousin memory is almost every thanksgiving since they have been born. (I am the oldest grandchild and I have 13 years on my oldest cousin so I got to take care of little babies for about 3 years and I really had fun playing mommy like that.) We just went to Dutch Wonderland about 3 weeks ago… it was so much fun. my little man is 37 inches tall and was able to ride nearly every ride. Hope y'all have as much fun as we did!
I agree – family is family, no matter what!! I have too many fond memories to mention!! Have a terrific time in P.A. ~ the kiddos will love it!


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Conduct in the NJROTC Classroom
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By the very nature of the NJROTC program, the NJROTC classroom follows different procedures than other classrooms at Penn Hills. The procedures outlined below are designed to instill a sense of discipline and military decorum in the classroom:
Daily Procedures. Students are to arrive at the NJROTC classroom in time to be at their desk for muster BEFORE the bell rings. The Platoon Commander will call the class to attention when the late bell rings, take roll, and give the muster report to the instructor. The Platoon Commander will then lead the class in the Pledge of Allegiance. The Pledge is NOT OPTIONAL in NJROTC. When the Platoon Commander says "Seats," the cadets sit in their assigned seat. When the bell rings for dismissal, the class will come to attention and wait to be dismissed by the Platoon Commander. No cadet is to move from his or her assigned area until dismissed. Any cadet who sees a teacher, administrator, parent or other adult enter the classroom should immediately call "attention on deck" and all cadets should come to attention next to their desks until the instructor orders "carry on." Platoon Commanders will use the first 5 minutes of class to drill cadets in Orders to the Sentry/Chain of Command, push up challenge etc.
Class Materials. Unless the instructor has specifically indicated otherwise, cadets are expected to bring the following items to each class: (a) Cadet Note-Taking Sheets,(b) Paper and pencil. On designated drill days, cadets should bring a jacket or sweater (if needed) and wear appropriate shoes for drilling outside, weather permitting.
During class, do not talk when the instructor or another student is talking. Respect for your shipmates is the operative word. If you have something to say, hold up your hand to be recognized. Class periods are not times for socializing- there are plenty of opportunities outside of the daily class periods.
During times when a test is being given, no talking is permitted. All students must make sure they have their own "clicker" for electronic tests.
Sit up in your chair and remain alert. If you are ill, ask for a pass to see the nurse. Do not put your head down on the desk or close your eyes to nap in class.
Only material related to the NJROTC may be out or in use during your NJROTC class period. Letters, books, magazines, and assignments from other classes are to be put away before muster and may not be brought out without the permission of the instructor. Non -NJROTC material will be picked up by the instructor and may not be claimed until after school that day. Cadets are not permitted to work on non-NJROTC homework during NJROTC classes without permission from the instructors. CELL PHONES ARE STRICTLY PROHIBITED DURING CLASS TIME.
Failure to turn in assignments on time will result in a grade of zero being assigned. Late turn-in of the assignment is allowed, for a reduced grade. Extra credit may be available to restore full credit for a late assignment but this will not always be the case.
Food/Drinks/Gum - Chewing gum will be permitted at the discretion of the instructors. Food or drink may be allowed in the NJROTC classroom during non-class periods, and at other times specifically authorized by the instructors. The instructors will not tolerate snapping of gum, or gum being disposed of improperly, (such as under a desk or chair). Chewing of gum detracts from military bearing and is not permitted while in formations, such as during inspections or drill exercises, whether in or out of uniform.
Conduct in the NJROTC PT Sessions
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The following apply during NJROTC PT sessions:
Gym Session Procedures
Cadets are to arrive at the Gym BEFORE the late bell rings.
The Platoon Commander will direct the group to the locker room (male – female). When everyone has changed into PT gear, the Platoon Commander will conduct muster, report, and form the platoon for the Daily 7.
The Platoon Commander may conduct the Daily 7 or call cadets to take charge of the platoon for exercises as they see fit. No Daily 7 exercise count may be less than 10 repetitions.
Seven minutes prior to the end of the period, the Platoon Commander will dismiss cadets to the locker room by group (male - female).
While waiting for their turn in the locker room, all remaining cadets will be seated on the gym deck.
When all cadets have changed, the Platoon Commander will form the platoon and review the gouge. When the bell rings for dismissal, the class will come to attention and wait to be dismissed by the Platoon Commander. No cadet is to move from his or her assigned area until dismissed.
Any cadet who sees a teacher, administrator, parent or other adult enter the gym should immediately call "attention on deck" and all cadets should come to attention next to their desks until the instructor orders "carry on."
Skylarking in the gym is prohibited.
Unless the instructor has specifically indicated otherwise, cadets are expected to bring the following items to each PT session: (a) sneakers, (b) black or red PT shorts; and (c) Navy-issued PT shirts.
Navy-issued sweat pants may be worn in lieu of the shorts. Cadets will be graded accordingly if they fail to wear the proper PT uniform.
Cadets in non-issued gym gear may PT but cannot be in a leadership position.
You may not PT in street clothes and you cannot make up the grade for that day.
Cadets who miss PT due to bona-fide medical reasons (medical practitioner's excuse required) are not required to make up missed PT. You may do so if you need the credit. A Medmis does not count for or against you. Note: Parental excuses for missing PT will be honored but will be treated as an absence and will be graded as a 0 until made up.
All PT grades must be made up before the end of the 9-week session in which the miss occurred. You may make up a legal absence by participating in PT during another period than you own on PT days (with a legal excuse from your classroom teacher). You may also make up a missed PT session by doing at least 25 push ups and 35 crunches in 2 – 2 minute intervals and running the Isometric Mile. This is to be done while your platoon is conducting the Daily 7.
You must be in the proper PT uniform to make up a missed PT.
Cadet Handbook
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To access the NJROTC Cadet Handbook, click


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Dr. Mark Schuler has been teaching religion and theology at Concordia since 1994. Schuler passes on his passion for Biblical Greek and the New Testament to Concordia students in the classroom, and gives members of the community a first-hand account of Biblical times through his ongoing archaeological research project at Hippos of the Decapolis in Israel. Since 2001, Schuler has led annual trips to the Hippos Excavations, giving Concordia students and any interested community members the rare opportunity to be part of an excavation team. The Concordia team works alongside partners from the University of Haifa to uncover the ancient city of Hippos.
Since joining the faculty at Concordia in 1994, Schuler pioneered classroom and other educational uses of information technologies. He served as Director of Internet Services as the university transitioned into a laptop campus. Among his many publications is Called by the Gospel: An Introduction to the New Testament, with Michael Middendorf. Schuler is a member of the American Schools of Oriental Research, the American Institute of Archaeology, and the Society of Biblical Literature, for which he served as the coordinator of the Upper Midwest Region from 2003-08. His transition to collegiate education came after eight years of experience as a pastor at Lutheran congregations in Iowa and Missouri.
Biblical Greek, New Testament, Greek readings, archaeology, Christianity and Islam
"Since 2001, I have been the director of the Northeast Insula Project at Hippos of the Decapolis, on a mountain overlooking the Sea of Galilee. Taking students to the land where Jesus walked and introducing them to the thrill of archaeological discovery are academic and spiritual highlights for them and me."
Dr. Kevin Hall teaches Christian ministry, education, and leadership courses on the undergraduate and graduate levels. Since beginning his service at Concordia in 2006, Hall has served as the director of the Director of Christian Education (DCE) program. Building on over two decades of leadership at a Christian non-profit, Hall has a strong commitment to learning and leading through reflective practice and experiential education. Hall currently serves as the Director of Colloquy at Concordia.
With a focus on keeping student learning as a central focus, Hall has extensive experience designing and teaching within undergraduate and graduate online and face-to-face academic programs. In addition to his teaching responsibilities, Hall serves on Faculty Senate, the General Education Committee, and the Honors Committee. His scholarly research focuses on how to improve student learning within higher education learning communities.
Leadership, Christian Education, Formative Assessment, General Education Programs, Experiential Education
"My work in helping students, both traditional and second career professionals, grow in their leadership and teaching skills so that they can make a difference in teh lives of those they serve and lead continues to be especially rewarding."
Dr. Rhoda Schuler has been teaching full-time at Concordia University since fall 2008. In her previous life she served as executive director for a church-related non-profit that addressed problems of poverty and racism in north St. Louis County, Missouri. Her decade of work on the behalf of those on the margins of society along with her advanced theological training make her uniquely qualified to teach in the University Honors Program In litteris fideque. She teaches the spring Honors courses, which focus on service to the world and on "hearing the voices of the marginalized."
Schuler's research passions are liturgical theology and ritual studies, which she views as more than academic disciplines. Convinced that what people believe is more profoundly shaped by worship and ritual than by didactic exercises, her research interests have implications for the church.
Church history survey, Christianity in the U.S., liturgy and worship, interdisciplinary teaching in the Honors Program In litteris fideque.
"Teaching at Concordia stretches me theologically and pedagogically. At one end of the spectrum, I am privileged to teach students in the Honors Program, which intentionally integrates the Christian faith with academic learning and critical thinking. Students are in this program by choice. At the other end of the spectrum, I have the joy and challenge of teaching theology courses that are part of the required general education curriculum. The diversity of the students in these classes can make for rich conversation and can provide unique opportunities to present the Christian message in an engaging yet academically rigorous manner."
Dr. Suzanne Hequet began teaching full-time at Concordia University in August 2012. Prior to that, she taught at Concordia College, Moorhead, MN, and St. John's University and School of Theology, Collegeville, MN.
Hequet has a passion for Church History, in particular the 16th century Reformation. This period marked the division of the Roman Catholic Church, a topic that Hequet researched in her book, The 1541 Colloquy at Regensburg: In Pursuit of Church Unity (2009).
"I am truly blessed to be able to teach church history. I learn from my students! And my study and teaching continually enriches my personal faith-life."
Luther and Reformation Studies, Post-Reformation Church History, Lutheran Confessional Writings, Protestant Theologians, Church History survey, Global Christianity, and Biblical Heritage. Hequet has written about the value of experiential learning and frequently incorporates experiential learning opportunities into classes to enhance student learning.
Following the successful defense of my doctoral thesis, my husband, Marc, handed me a beautiful rose—a sign of his steadfast love and support. Shortly thereafter, I traveled to Lutherstadt Wittenberg to research and see for myself the places that were so important in Luther's life.
Responsiveto the needs of today's students.Relevantto the skills employers seek.Realpreparation for thoughtful living and service.
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Last year, we launched a new community brand and the tagline, which I believe truly embodies who we are, "Small Town Living at Its Best."
There are many reasons why this is a great place to live, starting with the people, sense of community, beautiful countryside and much more. What's particularly gratifying is that we are now receiving external recognition, through an unprecedented string of awards.
Last month I mentioned the Town of Halton Hills received a Platinum Youth Friendly Designation. We were only one of five municipalities in Ontario to receive this award. In addition, Halton Hills Hydro won the Local Distribution Company Performance of Excellence Award. This is the most prestigious award a LDC can achieve.
But we weren't done there. We received two Friends of the Credit Conservation Awards. One award was for our community sustainability strategy and the second for the sustainable features of low impact development of the Meadows in the Glen subdivision.
And last – but certainly not least – we were one of only four Ontario municipalities to receive a Bicycle Friendly Community Award. We received a bronze award for our efforts in making Halton Hills a bicycle friendly place to live.
That recognition is in no small part due to the outstanding efforts of Regional Councillor Jane Fogal, who is an avid cyclist. Her vision was recently recognized by the provincial Share the Road Cycling Coalition who presented Councillor Fogal with a well-deserved leadership award.
The Community Cycling Challenge is back. This year you can help raise $64,000 for the Georgetown Hospital Foundation. This doesn't cost you a dime, just go to www.bikechallenge.ca and start peddling. Our goal this year is to ride 300,000 km.
There is a little girl in our community who has Tuberous Sclerosis Complex. This serious genetic disease causes tumors to form on vital organs. We wish five year old Kiera all the best. On May 15, students at Silver Creek School will be wearing blue to show their support. To learn more about TSC Canada please visit www.tscanada.ca.
Congratulations to the Georgetown Market Place on their Phase Two opening. They did a remarkable job. Special recognition to Warehouse One for their generous donation of $7,500 to the Town for new trees to be planted as a result of the ice storm.
Keeping it real! I can be reached by telephone at 905-873-2601, ext. 2342 or by email at firstname.lastname@example.com or read my blog at www.rickbonnette.blogspot.com. You can also follow me on twitter at: @RickBonnette1
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- Harvard's Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
- In some circles, bitter disappointment at reports that Obama camp probably won't pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
- Latest on wrangle over "exorbitant" fee: Alice Lawrence's deposition-skipping before her death could endanger her estate's claim against Graubard Miller law firm [NYLJ, earlier]
- One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
- Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into "North American Union" with Canada and Mexico [John Hawkins]
- Senate Dems plan to abolish secret ballot for installing unions in everyone else's workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
- Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
- Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]
Posts tagged as:
Jarek Molski
- Jones Day catching more flak over heavy-handed trademark lawsuit against BlockShopper real estate news service [Levy/CL&P, Ambrogi/Legal Blog Watch, earlier; more, EFF, Plain Dealer]
- California state bar ethics complaint against serial ADA lawyer Thomas Frankovich, mostly over Jarek Molski cases [ABA Journal]
- When suing your community college professor, it's not a good idea to include death threats [KSAT, Strange in San Antonio]
- Australia: school bans cartwheels, handstands on playground [Oz-ABC via Common Good]
- Myron Levin, whose L.A. Times journalism was known to induce hair-pulling at this site, turns up among plaintiffs in Joe Cotchett lawsuit seeking to eject Chicago meanie Sam Zell from paper's ownership; and did you know co-plaintiff Henry Weinstein's a founding faculty member of Chemerinsky's new ideologically charged UC Irvine law school? [Editor & Publisher Fitz and Jen, Portfolio, PaidContent.org via Class Action Blawg; Forbes]
- Well-known Manhattan criminal defense lawyer arrested on charges of trying to "eliminate" and "neutralize" witnesses against drug dealer client [NYLJ, Greenfield]
- More coverage of Pearson pants appeal [Legal Times "BLT"]
- Swiping Nicole Black's content and running it without credit on a splog is an ill-advised way to boost NYC services of attorney Michael Rehm [Sui Generis, Greenfield, viaTweet @nikiblack]
- Update on Barnstable harbor dredging blogger defamation suit [Cape Cod Today, earlier]
- "Ten things your lawyer won't tell you" [five years ago on Overlawyered]
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This network report on serial litigants seems to have trouble distinguishing those with a psychological need to be involved in litigation from those who approach it coolly as a business proposition. (Russell Goldman, ABC News, Jul. 31).
- "Law school is not such a leap" for licensed Nevada prostitute's next career move — hey, we didn't say that, Robert Ambrogi at Law.com did [Legal Blog Watch, Bitter Lawyer]
- Today's representative class-action plaintiff: "For five years, her diet consisted almost exclusively of Chicken-of-the-Sea tuna…" [PoL]
- Prolific California disabled-access filer Jarek Molski ordered to pay fees for "scorched-earth" tactics in one case, but wins a second [Metropolitan News-Enterprise via Bashman]
- Another sperm donor surprised by legal obligation to pay child support [Santa Fe, N.M. Reporter; earlier]
- "Lawyer Fees Jumped 50% After Bankruptcy Law Change" [ABA Journal]
- "Whatever it takes to win a case", and checking out jurors' Facebook profiles is the least of it [NLJ]
- High-profile U.K. attorney Nick Freeman registers his nickname "Mr. Loophole" [Times Online a while back]
- When can a plaintiff claiming sexual assault sue anonymously? Courts will apply mushy balancing test [NYLJ]
- Hold on to your hats, looks like Geoffrey Fieger is online [Fieger Time]
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It looks as if, barring intervention by the U.S. Supreme Court, serial ADA litigant Jarek Molski and his lawyer Thomas Frankovich, longtime Overlawyered favorites both, won't be filing any more accessibility lawsuits in California's populous Central District. The Ninth Circuit's decision not to disturb an order to that effect by the late Judge Edward Rafeedie, however, came by a surprisingly narrow margin, with nine judges dissenting. Among them, Judge Marsha Berzon said Rafeedie should not have acted unilaterally to bar the two from suing throughout the district, while Alex Kozinski went so far as to maintain that Rafeedie had failed to offer evidence in suggesting "that Molski is a liar and a bit of a thief". The majority of judges, however — and the Ninth is among the last circuits anyone would accuse of an excessive wish to shut down litigation — disagreed. (Dan Levine, "9th Circuit Judges Blast Order Barring ADA Lawyer", The Recorder, Apr. 9). One final bit from the account in the Recorder might cause the reader's jaw to drop open, as it did mine:
Rafeedie died of cancer late last month, but Frankovich still holds a grudge.
"What he did is morally reprehensible," the attorney said Monday. "Acting morally reprehensible creates bad karma, and sometimes you have to pay the piper for bad karma."
In other news of vexatious California litigants:
For years, self-described public-interest litigator Burton Wolfe has bragged that he was one of the few people to get off the state's so-called vexatious litigant list for self-represented plaintiffs who file frivolous lawsuits. Those who are put on the list can file "pro per," or do-it-yourself, lawsuits only with a judge's permission. But after enjoying a few years off the blacklist, the 75-year-old Wolfe has sued his way back onto the roster. … [His name was restored to the list after] he sued the San Francisco Food Bank and America's Second Harvest for setting up what he calls a food "racket" in the privately owned low-income senior-housing Eastern Park Apartments where he lives.
(Lauren Smiley, "Vexatious Litigant Burton Wolfe Fighting Eviction After Threatening More Lawsuits", San Francisco Weekly, Feb. 20). Perhaps the most celebrated of modern San Francisco's vexatious litigants is Patricia A. McColm, who has been profiled in a number of news stories including Ken Garcia, "Woman who sues at drop of hat may get hers", San Francisco Chronicle, June 6, 2000, reprinted at Forensic Psychiatric Associates site. Incidentally, the British court system is thoughtful enough to post its list of vexatious litigants online, an obvious aid to persons who might find themselves the target of threatened suits by persons on the list. But although the California courts have a webpage discussing the fact of their having a list, I could find no sign that they had posted the list itself online. Have any U.S. states (or Canadian provinces, etc.) done so?
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- Pearson Pants update: dry cleaners offered to drop their fee demand if Pearson would end case, but he declined [Marc Fisher, other Washington Post coverage, Beldar]
- Check your oil, ma'am? On second thought, if it's going to get us sued, never mind [Reiland/Pittsburgh Tribune-Review]
- "Surprising and uncommon" resolution of med-mal case: Nebraska Methodist Health System admits error, cooperates with family on video memorializing victim and educating other hospitals about aortic dissection [Omaha World-Herald, Chamber reprint]
- Heated email exchange between perennial Overlawyered favorite Jack Thompson and Take Two game company exec [Ambrogi]
- Putting her image on a Hallmark card? Now that's degrading and exploitative enough to make Paris Hilton want to sue [K.C. Star]
- Uncle sues nephew over season tickets to Chicago Bears at 40-yard line [Crain's Chicago Business]
- Hurt her teeth on McDonald's cherry pie, hurt her teeth on cheeseburger soon after — and what's this about forged dental-work receipts? [Seattle Times]
- Wisconsin snuff users may soon be rolling in coupons following settlement of antitrust class action, lawyers to pocket $17 million [AP/Green Bay Press-Gazette]
- New at Point of Law: fiasco of UC Irvine's withdrawn offer to Chemerinsky; judge says $500/hr is enough for lawyers in Northwest bankruptcy; law firm advertises for heart attack victims to sue over lack of defibrillators in public places; Astroturf detected in Washington-state insurance-suit referendum fight; NY Times takes skeptical look at Mount Sinai's Selikoff Center; Jerry Brown sure fooled us, says San Diego paper; Ted expands his empire; and much more;
- A topic on which we've had a lot to say over the years — to what extent does the Americans with Disabilities Act apply to websites? — may be heating up again [Corporate Counsel]
- Thanks for the incoming links from, among others, Instapundit (on Ted's reclining-car-seat post, which has drawn a bodacious number of comments), Patterico (on Jarek Molski), Bainbridge (on animal welfare laws), and Adam Smith Institute (on lawyers suing each other: "Such a pity that only one side can lose".)
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We've been covering the exploits of professional ADA plaintiff Jarek Molski and his lawyer Thomas Frankovich for a long time now (See Aug. 3, Mar. 23, many others). When last we checked, Molski/Frankovich were appealing a federal judge's finding in Molski v. Evergreen Dynasty Corp. that they were vexatious litigants; the designation meant that they couldn't file any more ADA lawsuits in the Central District of California without first getting permission from the court.
Last week, the Ninth Circuit issued an opinion (PDF) which upheld the finding in its entirety. The only quirky part of the case was that it was likely that many of the establishments sued by Molski/Frankovich at least technically probably had violated the ADA by not complying with its vague, onerous requirements. But the Ninth Circuit had no problem getting beyond that:
Frivolous litigation is not limited to cases in which a legal claim is entirely without merit. It is also frivolous for a claimant who has some measure of a legitimate claim to make false factual assertions. Just as bringing a completely baseless claim is frivolous, so too a person with a measured legitimate claim may cross the line into frivolous litigation by asserting facts that are grossly exaggerated or totally false.
And for some reason, neither the District Court nor the Ninth Circuit were impressed with Molski's factual assertions:
However, it is very unlikely that Molski suffered the same injuries, often multiple times in one day, performing the same activities—transferring himself from his wheelchair to the toilet or negotiating accessibility obstacles. Common sense dictates that Molski would have figured out some way to avoid repetitive injury-causing activity; even a young child who touches a hot stove quickly learns to avoid pain by not repeating the conduct.
The Ninth Circuit was not any more complimentary towards Frankovich:
When a client stumbles so far off the trail, we naturally should wonder whether the attorney for the client gave inadequate or improper advice.
The court also found significant that Frankovich may well have broken legal ethics rules by trying to intimidate defendants into settling without hiring lawyers and giving them (bad) legal advice.
This isn't necessarily the end for Molski/Frankovich. The vexatious litigant order applies only to the federal courts — in fact, only the federal courts in the Central District of California — and does not prevent them from filing suit; it only requires them to seek permission of the court first.
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Serial ADA litigant (and Overlawyered repeat offender) Thomas Frankovich was profiled recently in SF Weekly. Overlawyered readers will be familiar with just about everything in there, from Frankovich's extortionate tactics to his collaboration with professional plaintiffs like Jarek Molski, to his use of front groups in an attempt to make his litigiousness seem like a public service. (Frankovich, incidentally, does not work in a wheelchair accessible office.)
Matthew Hirsch of LegalPad reports that Frankovich is attempting to rehabilitate his image before the Ninth Circuit rules on whether he, and his fellow traveler Molski, are vexatious litigants:
Starting this month, Frankovich and a major client are offering defendants a deal: "You make your [entrance] doorway accessible, and we will waive any and all claims — including money damages," he said.
Yes, but Frankovich is a lawyer, so be sure to read the fine print:
Frankovich said his clients who are affiliated with DREES will offer the front door deal if they are visiting only to check out the entrance. But if they spot a door that wheelchair users can't open, then they go inside to shop and notice more problems, "that becomes something different," Frankovich said, and the deal is off.
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- Update: Jarek Molski's appeal of his "vexatious litigant" status [On Point]
- Watch what you say dept.: Beaumont plaintiffs' lawyers subpoena newspaper. [Beaumont Enterprise; Southeast Texas Record; Houston Chronicle]
- "New York's Most Obnoxious Lawyer." If anything, the profile is soft. [Village Voice via ATL; see Apr. 16]
- Class action phishing [Oklahoma Attorney General]
- Tales of a Dallas poker raid [Balko]
- "If I was going to go into the newspaper business all over again, I'd be the lawyer who advises the paper to fire me and free up more money for legal fees." {Steyn]
- "If you really want to understand inequality today you must first understand Harry Potter." [MargRev]
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As Ted reported Mar. 23, a Ninth Circuit panel lately took an indulgent line toward notorious ADA mass filer Jarek Molski, reversing a ruling by Judge Tevrizian of the district court. (More on that ruling from Law.com). "Army Lawyer" in the comments at Patterico (via Coyote) passes along this classic bit of Molskiana (from the earlier round of litigation before federal judge Rafeedie):
Although this complaint appears credible standing alone, its validity is undermined when viewed alongside Molski's other complaints. In Molski v. Casa De Fruta, L.P., Case No. C04-1981 (N.D. Cal. 2004), Molski alleges that he sustained nearly identical injuries on the exact same day, May 20, 2003. In Casa de Fruta, Molski alleges that he and significant other, Brygida Molski, patronized Casa de Fruta for the purpose of wine tasting….It would be highly unusual — to say the least — for anyone to sustain two injuries, let alone three, in a single day, each of which necessitated a separate federal lawsuit. But in Molski's case, May 20, 2003, was simply business as usual. Molski filed 13 separate complaints for essentially identical injuries sustained between May 19, 2003 and May 23, 2003. The Court simply does not believe that Molski suffered 13 nearly identical injuries, generally to the same part of his body, in the course of performing the same activity, over a five-day period. This is to say nothing of the hundreds of other lawsuits Molski has filed over the last four years, many of which make nearly identical allegations.
We've linked in the past to a lot of excellent investigative journalism on the disabled-rights filing mills that have blanketed whole business districts in California and elsewhere with accessibility complaints that quickly convert to cash demands. (Some examples: Carmel (Calif.) Pine Cone on Jarek Molski and Thomas Frankovich, blogger George Wallace on Jerry Dolan, CNN on George Louie, among others; and I might as well promote my own 2004 effort for City Journal). Among the most riveting of the bunch appeared this fall in Southern California's Orange County Weekly. (R. Scott Moxley, "The New Crips", Orange County Weekly, Oct. 13). A few highlights:
* "Lawyers familiar with [wheelchair user David Allen] Gunther's activities estimate he's taken more than $400,000 in the last 36 months, mostly from mom-and-pop shops in Garden Grove, Anaheim, Fountain Valley, Orange, Tustin, Buena Park, Stanton, Seal Beach, Santa Ana, Dana Point, Huntington Beach and Los Angeles. If true, that's quite a haul for a man who has spent most of his adult life unemployed, according to records obtained by the Weekly."
* One of the first targets of Gunther's suits, a flower seller in Anaheim, fought back, pointing out to a judge that she was herself wheelchair-bound and that her shop had a ramp. Gunther's suit was dismissed, with no apology; "on the day Gunther said he drove to Gibson's flower shop, he claimed in separate legal filings that he also wanted to patronize Gibson's neighbors: a massage parlor, a dental office and a palm reader." He got money from the massage parlor but not from the palm reader, who like the flower seller pointed out to Gunther's lawyer that he did indeed have a ramp.
* "A Weekly investigation traced Gunther's activities around the western U.S. during the last quarter of a century, uncovering evidence that not only has he exaggerated his reliance on a wheelchair, but he's also whitewashed his own history of chronic unemployment, multiple drug addictions, narcotics trafficking, assaults, petty thefts, burglaries, a decade of missed child support payments, and more than a dozen arrests and stints in jail."
* Gunther's lawyer is none other than longtime Overlawyered favorite Morse Mehrban, (Nov. 4-5, 2002, Mar. 12, 2004, Jul. 9, 2004). Faced "with a discovery demand for the details of Gunther's ADA settlements, Mehrban resisted for weeks, arguing that the information was 'confidential and proprietary.' Said Mehrban, 'There is nothing to be gained by examination of the documents.' Eventually, he told a judge that the issue was moot. He routinely destroys all Gunther's paper records and erases the memories of his office computers, he said."
* Nor is it possible for members of the outside public or media to attend the monthly meetings of Equal Access Now, a group Gunther has set up to promote access complaints. "'Sorry, it's private,' said Gunther. 'I teach disabled people about their rights.'" Gunther often files actions in concert with three other wheelchair users, each of whom claims the $4,000 per violation entitlement.
* After ending a client relationship with his own former lawyer, Gunther sued, claiming the lawyer's bathroom was unaccessible. The lawyer's staff said that Gunther not only had used the bathroom without incident but that he had in fact comfortably walked into and out of the office on repeated visits.
* At a meeting of some of Gunther's victims in Santa Ana, "Jin Kim, owner of a barbecue restaurant at 17th Street and Grand Avenue, cried. He recounted the shock of getting the lawsuit without warning, how Mehrban had coldly refused to negotiate despite pleas, and that he had to sell his wife's ring and a vehicle to pay Gunther $16,000—and his own attorney another $4,000 in fees. His crime? His restroom mirror was allegedly mounted a few inches too high and the door was a few pounds too heavy to push."
* And his lawyer's own offices? As it happens, they're up a steep flight of steps in Koreatown: "Mehrban says it would not be practical to make his office accessible to the handicapped."
The whole article, again, is here. Note that the California legislature has shown no discernible interest in amending the Unruh Act so as to curb this kind of entrepreneurial activity. Note also that the "ADA Notification Act", a proposal in Washington aimed at curtailing cognate abuses based on the federal ADA, was unable to attain any serious traction even in the supposedly pro-business Republican Congress now drawing to its close.
P.S. Gunther's activities also figured in the notable and recently decided case of Gunther v. Lin, discussed by Ted Dec. 1.
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Setbacks for key figures in a prominent disabled-access filing mill:
Two of the attorneys behind an onslaught of ADA lawsuits in California — including at least 20 involving Monterey County restaurants and wineries — have run into serious legal troubles of their own.Thomas Frankovich, who represented plaintiff Jarek Molski in hundreds of handicapped-access lawsuits over the last five years, was suspended June 19 from practicing in the U.S. District Court in Los Angeles. The six-month suspension came after one judge on the court, Edward Rafeedie, declared Frankovich a "vexatious litigant" and said he would recommend Frankovich for disciplinary action because of his "abusive and predatory litigation practices."
(Paul Miller, "Indictment, suspension for two ADA lawyers", Carmel Pine Cone, Jul. 21). Also in June, as was mentioned here in a post at the time (Jul. 5; see also Patterico, Jul. 1), Los Angeles attorney Stephen Yagman, who had represented Frankovich in defense of his ADA practice, was himself indicted on federal charges of tax evasion and bankruptcy fraud. In February 2005, after Judge Rafeedie had threatened Frankovich with sanctions, Yagman had said that "Judge Rafeedie's mean-spiritedness, his cruelty, and his contempt for civil rights make Hitler look like a humanitarian." (Paul Miller, "ADA lawyer's new strategy: Insult the judge", Feb. 11, 2005). More on Yagman: Jessica Seigel, "Cop griller", George, Mar. 1998; Patterico, Jun. 3, 2004.
More Carmel Pine Cone coverage of Frankovich and Molski here, here, here and here. Our coverage: Sept. 21 and Dec. 12, 2004, Jan. 8 and Mar. 18, 2005. And for a very different point of view, once again, here's Mary Johnson, "Jarek Molski's problem — and I don't mean access", Ragged Edge, Oct. 24, 2005, arguing that Frankovich and Molski just aren't good enough at getting their story out.
AP reports on the thriving business of mass-complaint-filing under the Americans with Disabilities Act, citing examples from Nebraska and Oklahoma as well as more familiar filing-mill locales such as California and Florida. As in the recent California case, however (Jan. 8), some judges are not pleased at what they see:
U.S. District Judge Gregory Presnell of Orlando, Fla., noted in a ruling last year that Jorge Luis Rodriguez, a paraplegic, had filed some 200 ADA lawsuits in just a few years, most of them using the same attorney."The current ADA lawsuit binge is, therefore, essentially driven by economics — that is the economics of attorney's fees," Presnell wrote. He said Rodriguez's testimony left the impression that he is a "professional pawn in a scheme to bilk attorney's fees" from those being sued.
(Kevin O'Hanlon, "'Drive-By Lawsuits' Raise Business Concern", AP/San Francisco Chronicle, Mar. 17).
Speaking of the California saga of Jarek Molski (Sept. 21, Nov. 27, Dec. 12, Jan. 8), last month U.S. District Judge Edward Rafeedie extended from Molski to his lawyer, Thomas Frankovich, a requirement to obtain court permission before filing more suits under the act, a sanction ordinarily reserved for the most vexatious and troublesome litigants. Reports the Los Angeles Daily Journal:
The Los Angeles judge accused Molski and Frankovich of seeking quick cash settlements by filing a suspicious number of lawsuits in short periods of time. Their suits alleged handicap-access violations such as steep ramps, heavy doors and narrow hallways.Rafeedie noted that the complaints are identical, right "down to the typos." He said he believed the injuries alleged by Molski "are often contrived."…
Rafeedie criticized at length Frankovich's practice of sending letters to defendant business owners at the outset of litigation, urging them to settle the cases before hiring defense lawyers.
According to Rafeedie, Frankovich told the defendants that they did not have good legal defenses to the disability claims and that their insurance carriers could cover any damages.
Rafeedie said the letters were unethical and misleading.
However, Molski and Frankovich's side of the case has retained prominent civil-rights attorney Stephen Yagman, and Yagman says well-known Duke lawprof Erwin Chemerinsky is also joining the plaintiff's team, so who knows where matters are headed next. (John Ryan, "Jurist Finds Lawyer's Conduct 'Plainly Unethical'", Los Angeles Daily Journal, Feb. 8, not online). More: blogger Patterico is among Yagman's non-admirers (Jun. 3, 2004).
In California last month (see Dec. 12) federal judge Edward Rafeedie ruled that perennial ADA plaintiff Jarek Molski is a "vexatious litigant" who runs a "scheme of systematic extortion" by filing mass disabled-rights complaints; Rafeedie also sharply criticized Molski's lawyer, Thomas Frankovich. But that doesn't seem to have cramped the duo's style much: Frankovich says he intends, on behalf of Molski, to "refile a lawsuit against Peachy Canyon Winery within two weeks in state Superior Court, asking for money because the tasting room didn't comply with the ADA when he visited in 2003. 'We've got to get compensated for the work we did to fix it,' Frankovich said. 'We went out and had an expert inspect it, told them what was wrong and tried to get a settlement.'" The winery's lawyer says it is now in compliance with ADA standards, but Frankovich says that wasn't the case in 2003. (Ryan Huff, "Winery will face ADA suit again", San Luis Obispo Tribune, Jan. 5). (& letter to the editor, Mar. 15 (another frequent Calif. ADA filer)).
In California, U.S. District Judge Edward Rafeedie has issued an order labeling Jarek Molski of Woodland Hills a "vexatious litigant" because of patterns of abuse in his filing of hundreds of disabled-rights lawsuits against restaurants, bowling alleys, wineries and other businesses in the state (Sept. 21, Nov. 27, etc.). If upheld, the ruling would bar Molski from filing further suits without permission of a judge, who would have to be informed of Rafeedie's order. "In three separate suits filed last year, for example, Molski, a law school graduate, claimed to have suffered identical injuries at three restaurants, all on May 20, 2003 — 'highly unusual, to say the least,'" the judge wrote. The use of vexatious-litigant orders is considered rare; among legal professionals interviewed by the L.A. Times, Eve L. Hill, a visiting professor of law at Loyola-Los Angeles and executive director of the Western Law Center for Disability Rights, called Judge Rafeedie's order "outrageous", while Stanford law prof Pamela Karlan said it made "perfect sense" in that allowing misuse of the disabilities act risks generating a public backlash against it. (Henry Weinstein, "Disabled Man's Suits Restricted", Los Angeles Times, Dec. 11; "Lawsuit spree angers judge", AP/Monterey County Herald, Dec. 12)(via Kemplog).
Judge Rafeedie also had harsh words for Molski's attorney, Thomas E. Frankovich of San Francisco, saying he and his law firm had "aided and abetted" Molski's "abusive litigation practices," and "issuing an order that Frankovich's firm and an organization affiliated with Molski called Disability Rights Enforcement Education Services had to come to court and show why they also should not be sanctioned." Recently Frankovich filed five more lawsuits against businesses in the Central Coast town of Cambria, but this time the plaintiff is Nicole Moss rather than Molski. (Cynthia Neff, "New ADA lawsuits target Cambria", San Luis Obispo Tribune, Nov. 11).
More from the Santa Maria Times:
A provision of California state law known as the Unruh Act allows Molski to demand $4,000 in damages per violation, per day.Molski has said in the past that an average settlement is $20,000. He testified in the Los Angeles trial that he personally nets an average of $4,000 per settlement, after paying attorney's fees, [Bakersfield attorney Craig] Beardsley said.
"There appeared to be 200 active cases ongoing at a time. You could extrapolate that out to $800,000 a year," Beardsley said.
(Erin Carlyle, "Restaurant ready to fight lawsuit", Santa Maria Times, Dec. 5).
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Once again it's happening in central California: "After more than 40 years in business, Roy's Drive-In in Salinas is closing — in part because the owner can't afford a lawsuit that accuses him of violating the Americans with Disabilities Act." Jarek Molski of Woodland Hills in southern California, who uses a wheelchair, "is suing Patterson because he claims the restaurant is in violation of the Americans with Disabilities Act. Molski has sued over 200 small businesses for not meeting ADA requirements. …Built in the 1950s, Roy's Drive-In does not have ramps to access the windows and restrooms, but employees say the business is accessible to all of their customers — including the disabled," through car-hop service. The restaurant is scheduled to close today. ("Roy's Drive-In Closing After 40 Years", TheKSBWChannel.com, Sept. 20; Claudia Melendez, "Roy's Drive-In to close", Salinas Californian, Sept. 18). Last year (see Sept. 2, 2003) On Lock Sam, a beloved 105-year-old Chinese restaurant in Stockton, closed after being hit with an access suit.
Complainant Molski has been known to call himself "Sheriff", and his activities (assisted by lawyer Thomas Frankovich) have caused an uproar lately in central California. His suits repeatedly recycle identical allegations concerning the lack of accessibility of establishments he says he has visited, and demand money over such putative misdeeds such as placing paper towel holders at an incorrect height. Hundreds of residents "filled the Morro Bay council chambers" after Molski hit a dozen local restaurants with suits. (Andrew Masuda, "Residents speak out over ADA lawsuits", KSBY, Sept. 14). "Customers are calling Molski's tactics a get-rich-quick scheme," reported KSBY. Molski is "asking for $4,000 a day until the remodeling is completed," says Ruth Florence, who owns Ahedo's Mexican Restaurant in Grover Beach. "That's ridiculous." (Carina Corral, "China Bowl owner speaks out", Sept. 15). More coverage on the same station: Sept. 8, Sept. 9, Sept. 10, Sept. 14.
Nor is Roy's Drive-In the only casualty: "Owners of The Hungry Fisherman restaurant on Beach Street in Morro Bay say that Molski's lawsuit caused the establishment to close after 28 years." (Lindsay Christians, "Disability suits worry Morro Bay", San Luis Obispo Tribune, Sept. 14). More coverage in the same paper: Sept. 11, Sept. 15, Sept. 15 again, Sept. 16, Sept. 18. San Diego-based lawyer Amy Vandeveld has also represented Molski (Matt Krasnowski, "Flood of ADA lawsuits irks small businesses", Copley/San Diego Union-Tribune, Sept. 12). For Morse Mehrban's recent activities in Fresno, see Jul. 9. For much more about disabled-rights filing mills, see Mar. 9 and links from there, and my City Journal article, "The ADA Shakedown Racket". Update Dec. 12: judge declares Molski vexatious litigant.
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