Hi Guys & Girls

What follows is mainly a copy and paste of a comment I recently posted today on the Facebook wall of hypnotist Alan Whitton in reply to a comment made towards me by James Rolph aka James Tripp…

This may very well be my final ever attempt to HELP ALL UK HYPNOTIST’S AND THAT INCLUDES – Stage Hypnotists and also of course Street Hypnotists and even those magicians who want to LEGALLY add a little hypnosis to their acts whether stage or close-up…

It’s up to you, if you’d like to discover the final 25% of the information that you truly need in order to be 100% Legal, Licensed, Insured and to ensure that even for STREET HYPNOSIS you are operating 100% LEGALLY and within the law at all times then take this final chance to post a comment reply to this blog posting making it clear that you would truly like to know more about how to be LEGAL – INSURED & SAFE…

Oh and make it clear that you have looked in detail at the web links in this posting (especially the one at number 6)….

If enough of you comment positively and demonstrate that your ready to learn the truth, that your ready to discover how to do Stage and Street Hypnosis without  potentially harming your subjects and without breaking any laws then leave a comment to let me know that your ready for the final 25% of information that you do need to know and perhaps, just perhaps if enough of you show an interest I may consider setting aside the time in 2010 to sit down and write up EVERYTHING that you’ll ever need to know..

You’ll need to get a lot of your colleagues to leave comments here also for me to even consider writing up such a book, as believe me its cost me thoushands of pounds in time and money to have Solicitors check out my reseach, to do the research myself and of course also the costs involved in finding companies who will actually insure such activities at a price all can afford, rather than £700 – £1K which is what the average UK Stage Hypnosis insurance costs (BUT YES I CAN GET THE SAME COVERAGE MUCH – MUCH CHEAPER)..

And ~YES I can get coverage for UK STREET HYPNOSIS when the Street Hpynosis is done LAWFULLY (as I would reveal in such a book should I decide to write it in 2010)

Get those comments in now as to compile such a publication would take me many months and even if I started writing now I guess it would not hit the marketplace until around August 2010…

But REMEMBER as yet I’ve not decided to do this, in fact to be honest based on the comments, attacks and backlash I’ve had so far to my postings trying to help people to become LEGAL – SAFE & INSURED I am actually inclined not to waste my time on such a project..       

Anyhow heres the copy and paste of what I posted on Alan Whitton’s Facebook Wall today…  

Jame’s, in case your so busy that you’ve missed all the FREE information I’ve given out over recent weeks concerning Street Hypnosis, Laws, Licenses and INsurance etc then perhaps you should check out all these links ALL ADVICE IS 100% FREE.. You don’t have to buy anything…..

01) http://roylehypnotist.wordpress.com/

 02) http://www.metacafe.com/watch/3249046/street_hypnosis_in_uk_is_illegal_plastic_reality_dangers/

 03) http://roylehypnotist.wordpress.com/the-very-real-dangers-of-street-hypnosis-reality-is-plastic-the-manchurian-approach-anthony-jacquin-zap-street-trance-other-things-such-as-hypno-attack-encouraing-people-sometimes-unk/

 04) http://roylehypnotist.wordpress.com/2009/08/25/what-does-ken-webster-the-chairman-of-the-federation-of-ethical-stage-hypnotists-fesh-think-about-illegal-and-dangerous-street-hypnotists/

 05) http://roylehypnotist.wordpress.com/the-very-real-dangers-of-street-hypnosis-reality-is-plastic-the-manchurian-approach-anthony-jacquin-zap-street-trance-other-things-such-as-hypno-attack-encouraing-people-sometimes-unk/

AND IF YOU DON’T READ ANY OF THE ABOVE (WHICH YOU SHOULD) -

Then at the very least do yourself and the general public a huge favour and read every word of this FREE infomration

06) http://roylehypnotist.wordpress.com/stage-street-hypnosis-the-laws-regualtions-red-tape-legal-insurance-issues-surrounding-such-things-as-the-manchurian-approach-street-trance-zap-hypnotism-inductions-a/

 The stuff at above link is still only around 75% of what you all need to know to be legal, licensed, insured and OPERATE LAWFULLY as a stage and street hypnotist, indeed the Licensing Act 2003 (and other laws) have altered some of the above, some things are now easier and many are harder to do legally,

But and this is a big but if I ever decide to reveal on a large basis how to lawfully and legally do street & stage hypnosis 100% legally and insured in the present climate and based on current laws, I’d only ever do so for people who have first an understanding and acceptance of the information imparted above (ESPECIALLY THAT AT LINK NUMBER SIX)

To date I have only revealed that other 25% of information to my very high paying (and I mean high paying) personal one ot one students and those who I have advised for TV shows and such like.

But if I keep getting responses like this (from James Rolph/Tripp and others) then I most likely will never reveal the other 25% and to be honest its that 25% that makes the difference and that difference is being insured and legal as both a stage and even street (yes even on the street) hypnotist..

Currently I’d stake my life on it that no UK Street Hypnotist has the correct insurance, and I’d stake my life on it that they are currently (up to now at least) breaking the law in many manners….

If only they’d get a full understanding of THE FREE INSIGHT’S above, take it on board and then respect the fact that I am trying to help everyone in the industry then, well then I might seriously consider revealing that other 25%

- the 25% which would make you all insured, licensed and legal..

In otherwords the actions of some (James for example) are just convincing me more and more that I have been wasting my time trying to help everyone.

It also amazes me that despite the evidence I have put forward at the above links (read every word and also all of the comments I make after each of the postings) including letters from Local UK Councils, The Chairman of The Federation of Ethical Stage Hpynotists, Copies of actual Hypnosis Laws and much more, that many still are DENYING THE VERY REAL TRUTH of what I have stated and on many forums still INCORRECTLY feel that Street Hypnosis is Legal in UK

THE SIMPLE FACT IS – It’s not Legal in UK to do either Stage or Street Hypnosis anywhere without the correct License/Permission from Local Authority, Without having the correct insurance (and its very different for Street work than stage where insurance is concerned)…

THE TRUTH IS – That potentially breaking such laws and doing Street Hypnosis incorrectly could lead to you being found guilty of CRIMINAL ASSAULT and negligence..

It was my intention to perhaps explain this all further and in-depth so that everyone can put the information to use in order to operate LEGALLY and LAWFULLY at all times, however frankly why should I keep revealing all this information 100% FREE of any Charges, when it seems most are simply ignoring the very real truths that are in front of their face…     

BOTTOM LINE – THIS IS EVERYONE’S LAST CHANCE

I truly desire to help everyone involved in this industry operate in a 100% Legal & Lawful manner whereby (where legally required) they have in place all of the correct licenses/permissions, abvide by all relevant laws and health & safety best practice and are also insured for their activities.

I have this desire to a) protect the general public at large and b) to protect the industry and prevent any negative media articles or legal trials against UK hypnotists occuring in the future..

Indeed on many levels the Legal (and other) information I have to impart is also relevant to Europe, America and Australia on some levels, yes indeed I want to help, but as Doctors often say YOU CAN’T HELP PEOPLE UNLESS THEY WANT TO BE HELPED…

So before I give up completely on my quest to HELP (and thats why I’ve been giving away so much valuable information for free) I’ll give you all one last chance to show that you WANT TO BE HELPED by simply leaving a comment reply to this blog posting to indicate that it would be worth my many months of work to do such for everyones benefit.

Cheers

Jonathan (Alex Smith) Royle

PS: BE WARNED – It will take a lot of you to convince me to reveal this information, I’m not being funny but Lot’s of you have been attacking my me both on my blog comments here and also on forums etc so it will take some serious convincing for me to be convinced to change my mind which currently to be honest has all but given up on the idea of trying to help you all.

PPS: You can find me on facebook as “Jonathan Royle” and also under my private name of “Alex William Smith” – I’ve jus thought what would be best is for you to JOIN ME ON FACEBOOK and leave a comment on my Facebook Wall confirming that YOU WANT ME TO REVEAL THE EXTRA 25% which will enable all Stage and Street Hypnotists to OPERATE 100% LEGALLY & LAWFULLY anytime, anyplace, anywhere (and that means anywhere in the world)….

Yes JOIN ME ON FACEBOOK and leave a comment on my wall and if enough of you do that and also enough of you leave positive comments in reply to this blog posting then I may seriously consider revealing that final 25% inlcuding the cheapest sources for THE CORRECT insurance cover for Stage & Street Hpynosis Work…

The plaintiff succeeded in his claim against the defendant. The defendant was ordered by Judge Mimmie Chan to pay the plaintiff’s costs on an indemnity basis. This was because Judge Mimmie Chan found that the defendant had acted “unreasonably in the defence of these proceedings“, and unnecessarily increased the plaintiff’s costs. Judge Chan said that this undermined the objectives of the Civil Justice Reform (CJR) to increase the cost-effectiveness of any practice and procedure, to promote a sense of reasonable proportion and procedural economy, and to ensure that the resources of the court are distributed fairly.

CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell CJR Alerter, produced in association with Clifford Chance.

This article is available in [2009] 16 CJRA.

While there’s been exciting city-related news elsewhere, things have been a bit slow on the municipal law court opinion beat.  Today’s no different.  The Supreme Court grants review of what’s really an insurance-coverage case involving the City of Grant.  The question is whether a partial settlement with an employee retaining the ability to claim on “excess liability” coverage eliminates vicarious liability for the employer if it turns out that the “excess liability” coverage doesn’t apply.  The Court of Appeals answered no, reasoning: a) in past cases, these Drake releases have not served to dismiss the employee/driver from the suit, even if the excess carrier disputes coverage; b) thus, the City remains responsible for the claims made against the driver in excess of $50,000, either by vicarious liability or its stautory duty to indemnify the firefighter; and c) the release limits recovery from the firefighter to the “excess liability” coverage (actually held by the City), but is silent about recovery from the City.  If you’re of the mind that writers resort to italics to dress up weak arguments, then you’re not going to like this opinion.  Points (b) and (c) are supported by little more than font-enhanced parsing of the release document, and are probably the areas of focus for the Supreme Court in its review.

Insurance coverage – so boring, yet so powerful.

In my last piece I talked about the danger of adapting business agreements and contracts when we do not have the specialist knowledge as lawyers, or indeed as (in my case) a tax practitioner. I suspect that those who are driven to do this are either out to impress their clients or are motivated by the prospect of getting a larger fee than if the work is shared with a professional in the relevant field.

However, even for those who may be very well qualified in terms of understanding what is required in an agreement or contract or other project of any description, the risk in undertaking some assignments may simply be too great. It is sometimes best to pass on a project, and, I believe, take a commission as long as we are up front with our client as to what we are doing.

Let me give you an example. When I was in the larger corporate world the sort of work I did included devising share plans for companies to reward their staff. The idea was that the employees would receive bonuses in the form of shares in their employer, and at the same time the company would save a great deal of money, particularly in terms of tax, in doing so. One project I did took me about three weeks working exclusively, and I remember that my employer’s fee was about £50,000. During the period I was developing the share plan, whilst I knew what I was doing, I had the benefit of peer review and also checked with lawyers that I was on the right lines and that the plan was “watertight” and that it would work.

The client company was looking to save millions, so their Financial Director was not worried about the fee they were paying, and my employer stood to make a tidy profit.

Now I am a principal of a small business. I still have the expertise to do a similar project. What I lack is the opportunity for sufficient peer review and the backing of a large corporate employer. I would not undertake such an assignment and would pass it on to a bigger player, of whom I know a few. After all, it is not just when we mess up that we might get sued. If other things outside our control go wrong it is human nature (and all businesses are run by humans) to look for someone to blame, and even being on the wrong end of misdirected litigation can be very expensive and very worrying. We are also unlikely to have a sufficiently large professional indemnity policy to save ourselves or our company and reputation from ruin.

My message is that not only should we not undertake business activities outside our professional competency, even if we believe that we can rise to the challenge intellectually, we cannot afford to take the risk if there is a lot of money at stake. With a small business it is better to refer on to a larger provider with a more considerable financial clout and be happy with a commission. Our clients will respect us more for our professional approach and we do not need to let our pride line us up for a fall.

© Jon Stow 2009

Recent California Supreme Court Ruling Impacts Duty to Defend Under an Indemnity Agreement

Introduction

Indemnity provisions are used by parties to a contract to define their rights and obligations toward one another in the event of a third party lawsuit arising out of their contractual relationship. The terms of the indemnity provision may require one party to indemnify the other, under specific circumstances, for money paid or expenses incurred as a result of a third party lawsuit. The indemnity provision may also assign to one party responsibility for the other’s legal defense of the third party lawsuit.

California case law going back to Regan Roofing Company, Inc. v. Superior Court, 24 Cal.App.4th 525, 29 Cal.Rptr.2d 413 (1994), has limited the defense obligation to third party lawsuits for which there was an indemnity obligation under the indemnity provision. Under this approach, an indemnitor’s defense obligation was not triggered by mere allegations that the indemnitor was negligent. An actual showing of negligence was required.

The California Supreme Court recently rejected this approach in Crawford v. Weather Shield Mfg. Inc., 44 Cal.4th 541, 79 Cal.Rptr. 721 (2008). The California Supreme Court held that when an indemnity clause provides a duty to defend, rather than a mere promise to pay defense costs as part of the indemnity obligation, the duty to defend extends to all third party lawsuits that allege facts that would give rise to an indemnity obligation.

http://www.martindale.com/litigation-law/article_Clausen-Miller-PC_563042.htm

This time I want to dedicate my weekly post to Mrs. Böhm. It’s a fictitious character in the ARD movie which I saw on Wednesday this week. Although the characters are fictitious it is leaned on reality.

The movie is about the takeover of the Hewaro AG by an Australian company named redwater, which are invented firms, but the story is based on the takeover of Mannesmann AG by Vodafone Group in 2000, the biggest hostile takeover in German history till then. After this takeover the top managers of the Mannesmann AG got a huge amount of indemnity and were accused of defalcation. The same happens in the movie “Frau Böhm sagt Nein”, which is centered around the character Mrs. Böhm, the person in charge of bank transfers, who refuses to transfer the highly exaggerated amount of 80 million Euro to the top managers of the Hewaro AG.

Mrs. Böhm, performed by Senta Berger, who really did a great job, although I am not her biggest fan, first seems to be a “wallflower”, but later on turns out to be a very courageous and apparently the only honest person left in that company. As she seeks for a discussion with the top managers and asks them what is with the rest of the employees, who spent almost the half of their lives in that company, one of top managers asks her: “Are you a communist or what?”

Personally, that was the point, where got angry with all the top managers, who put themselves millions in their pockets. I mean you don’t have to be a communist to have a feeling for social justice, loyalty to a company and all its employees and what is good and bad. Partly some of the top managers of big leading companies just work half a year in the position of a top manager, as in the case of Arcandor chef, Karl-Gerhard Eick, who got 15 millions Euro of indemnity and almost all of the employees have to go away empty-handed, who remained loyal to a company for many years as in the case of Frau Böhm, who has been working for 46 years for Hewaro.

That’s why I argue for government regulated amounts of indemnity, as self-regulation almost never works. Because it is in the nature of humankind to want more. If you could buy all what you want and you were set for life, still you would want more. Because the humankind never is sated.

The appeal to all of us is, if we turn out to be top managers, to not forget the employees, who take a holding in a company’s growth and success and to always behave in a social and fair manner.

Therefore my voice of the week is Mrs. Böhm, who said: No!

What do you think? Shouldn’t there be more Mrs. Böhms outside?

If I had a dollar for every poorly-written, ill-conceived and unfair distribution deal that came across my desk, I’d be producing films instead of writing about producing them! Too often, filmmakers are dazzled by the numbers that may result from an exceptional commercialization and so eager to land a deal that they leave common sense on the cutting room floor.

For those of you who are shopping your film project, here are some keys terms with which you should familiarize yourself. Understanding the acceptable parameters will prevent you from accepting a”bad” deal and improve the efficiency of your legal counsel.

DISTRIBUTION AGREEMENT

1. TERRITORY (usu. The World)

2. TERM (usu. Twenty (20) years)

3. RIGHTS

• exclusive/non-exclusive
• exhibit, distribute, sub-distribute, market, exploit, sell, perform, promote and otherwise exploit
• in any and all media, now known or hereinafter developed, including, but not limited to, theatrical, “non-theatrical” exhibition, broadcast television, pay/cable/satellite television, VOD, Internet, Download to burn and video cassette / video disc
• third party contracts
• Reversion?
• NOTE: Beware of contingent, lend/lease and “revenue share” arrangements with sub-distributors that look and sound like “sales” but may not be accounted for as such.

4. BEST EFFORTS (self-explanatory; can be tricky)

5. FEES AND EXPENSES (N.B. Be very careful when reviewing definitions of Gross Receipts, Net Proceeds and how commissions are calculated. Many traps for the unwary. Can result in a situation where Producer never actually receives a penny.)

• Sole right to collect all revenues and proceeds
• Money held in escrow
• Commission based on Gross Receipts/Net Proceeds (International/Domestic Rights (United States of America and Canada)(US Dollars, litigation recovery)
• Advance (recoupable)
• Distribution Expenses (itemized reasonable and necessary costs customarily deemed “distribution expenses” in the motion picture, television and video industries, including, but not limited to, trailers, artwork, advertising, market costs, non-market administration expenses, legal, accounting, transfer fees, etc. and such other expenses it may incur or deem it necessary to incur in its distribution); Limits: marketing, event attendance, out-of-pocket.
• Consider setting monthly/annual and “per sale” minimums if you can get them
• Distribution Fee. N.B. Be especially wary of a distribution fee. I am seeing this with increasing frequency. Essentially it is an up-front fee paid by the producer to the distributor for the “privilege” of receiving distribution. It is frequently very fuzzily defined and not set-off against revenues. In other words it is like a blank check to the distributor.

6. ACCOUNTING Monthly/Quarterly statements; Audit Rights; Penalties

7. DELIVERY

1. Where
2. When
3. Technical/Quality Standards
4. Format
5. Acceptance/Notice/Deficiencies (e.g. written notice of non-conformance/non-delivery; sole discretion;  time period to correct deficiencies; burden of cost and expense; recoupment)

8. WARRANTIES AND REPRESENTATIONS

• PRODUCER: ownership/control/authority; non-infringement; payments to third-parties related to production; music rights; valid copyright registration; Errors & Omissions insurance (thresholds/coverages/claims/certificates/additional insureds); No conflicts/restrictions.
• DISTRIBUTOR: no litigation; honor all restrictions; agrees not to delete or modify the copyright notice, screen credits afforded to cast, crew or other personnel as such credits now appear or any logo or trademark notice; not exploit any reserved rights; title to remain with PRODUCER; exercise due care safeguarding all materials and will assume risk for theft or damage while materials are in DISTRIBUTOR’s possession; no act or omission that might impair Producer’s rights; keep accurate and itemized records of all transactions; No conflicts/restrictions.

9. INDEMNIFICATION Mutuality; Notice of Claims

10. MANNER OF DISTRIBUTION No express or implied representation, warranty, guarantee or agreement as to the manner, extent, exploitation revenues.

11. NO GUARANTEE no guarantee of performance by any sub distributor, licensee or exhibitor.

12. NEW PRODUCTION Option to distribute next project; customary pre-requisites (financing, budget, cast, crew, bond, insurance, contingency).

13. Dispute Resolution Arbitration (Good for Distributor, BAD for Producer) (See, Rules for International Arbitration of the International Film and Television Alliance); Costs and Attorneys’ Fees

14. ASSIGNMENT Allowed? Consent? Unilateral? Bankruptcy? Insolvency? Change in Control?

15. GOVERNING LAW/VENUE

16. COMPLETE AGREEMENT Entire understanding; Integration;  No modifications.

17. PUBLICITY Contents/Approval/Reasonableness

18. CONFIDENTIALITY

Exhibit A.: Schedule of Delivery Items

Exhibit B.: Lab/Duplication Authorization

Top insurer tells 1,000 GPs not to give swine flu vaccine. An insurance company has warned 1,000 GPs not to administer the swine flu vaccine.
The HSE plans to enlist family doctors to give the swine flu vaccine to patients with pre-existing medical conditions.
But an insurance company which covers around 1,000 of the 2,200 to 2,500 GPs in the country advised them not to sign up for the work because of legal indemnity issues.
The HSE has given GPs until today to sign up to give the vaccine to 400,000 of their patients with certain medical conditions from next week.
Medisec Ireland, which covers around 1,000 GPs, told their members yesterday not to sign up until all indemnity issues were resolved.
GP sources said last night this may lead some doctors who have signed up to withdraw their participation in the programme.
In a letter to the doctors Medisec said it was unclear where a GP would legally stand if they exercised their discretion not to give the vaccine to their patients.
There are also unresolved legal issues around the doctors identifying and offering the vaccine to at-risk patients.

Professional indemnity insurance is a form of business insurance for professionals who are in industries where others may rely on their professional advice. By being regarded as an ‘expert’ in a field, others may seek legal action against you if they suffer a loss from your professional advice. For example, if you are an accountant and are responsible for preparing and lodging your client’s tax returns, a failure to lodge the tax returns on time can result in interest and penalties for your client. Your client could take legal action against you for a breach of your professional duty. It may protect you from such action by covering claims made against you, including legal defense costs up to your specified amount of cover, and after taking.
This is the narrowest form of cover, A typical Professional indemnity policy will provide indemnity to the insured against loss arising from any claim or claims for breach of duty which may be made and reported to the insurers during the policy period by reason of any neglect, error or omissions committed in the conduct of the insured professional business. Most clients and recruiters will require candidates to carry a certain level of professional indemnity insurance. This protects your business against compensation sought by a client if they believe you have made mistakes or been negligent in the execution of your work for them. It protects your business against claims for loss or damage by a client or a third party if you have made mistakes or are found to have been negligent in some or all of the services that you provide for them. Professional indemnity insurance will also cover legal costs. Many professions are required to have Professional Indemnity insurance cover as a regulatory requirement or as a result of their professional authorization. This includes solicitors, accountants, architects, mortgage intermediaries, insurance brokers and financial advisers. Many consultants, advertising and PR agencies, and designers also choose to have this type of insurance. Professional Indemnity Insurance is typically obtained by business professionals who provide advice to their customers. There are two categories of businesses that purchase Professional indemnity voluntary and involuntary. The latter form of business is required to purchase cover by federal or state legislation.
Some policies are more tightly worded than others and whilst a number of policy wordings are designed to satisfy a stated minimum approved wording, which makes them easier to compare, others differ dramatically in the cover they provide. Some PI policies go further than the standard cover and provide indemnity ‘for any civil liability’. This covers such areas as breach of contract, libel and slander. Because the operative clause of a ‘civil liability’ policy is so wide, there is normally a long list of exclusions in order to exclude liabilities that should be covered elsewhere – otherwise things like Employers Liability and Public Liability might be covered.

By Rev. Ed Hird

My family and I watched an Academy Award-winning movie which reminded me that every one of us owes an enormous debt to Dr. Louis Pasteur. 

Just think of pasteurized milk and honey, making food safe for our families to eat and drink, thanks to Louis Pasteur.  Think of our children whose lives are safe from rabies transmitted by ‘mad dogs’, thanks to Louis Pasteur.  Think of our wives and mothers who need not fear death from infection during childbirth, thanks to Louis Pasteur.  Think of the sheep, cattle and chickens that we can safely rely on for our food supply, thanks to Louis Pasteur.  No wonder that Pasteur’s name is better known than any other scientist who has ever lived.

Louis Pasteur is a living reminder that anyone who wants to make a difference in life is bound to face bigotry and opposition.  The most narrow-minded usually turn out to be those who pretend to be the most open-minded and inclusive.  Pasteur was maligned as a murderer and a menace to science.  He was even challenged to a duel by an angry physician. 

His ‘criminal’ behaviour was none other than publishing a pamphlet urging doctors to wash their hands before surgery and to sterilize their instruments.  Thirty percent of pregnant women in Paris were needlessly dying from infection during childbirth.  One grief-struck husband, whose wife had just died from childbirth fever, went on a rampage and shot his doctor dead.  Medical doctors rallied against Dr. Pasteur, blaming his pamphlet for the murder and claiming that Pasteur was making the practice of medicine unsafe for physicians and surgeons.  “Who did Pasteur think that he was?” They said. “He isn’t even a medical doctor…just a lowly chemist”.

The Emperor’s wife invited Pasteur to the French Court to explain his radical ideas.  Pasteur had the nerve to tell the Emperor that the hospitals of Paris were death houses, and that there was hardly a doctor who didn’t carry death on his hands.  After accurately predicting the death of the Emperor’s sister-in-law from childbirth infection, Pasteur was condemned as a fraud and banned by the Emperor from ever speaking out publicly again about medicine.

Having been banished into obscurity in the countryside of Arbois, Pasteur spent the next decade researching the causes of anthrax, the black plague ravaging the sheep across France.  Miraculously Pasteur invented an anthrax vaccine, which he gave freely to all farmers’ sheep in Arbois. 

When the French government needed more sheep to pay the 5 million francs War indemnity to Germany, they came to Arbois to find out why Pasteur’s sheep were healthy.  Telling them of his vaccine, Pasteur was again mocked as a fool and charlatan by the Academy of Medicine.  Only after a rigorous test where infected Anthrax Blood was injected in 50 sheep, was Pasteur finally vindicated.  To everyone’s amazement, the only sheep that survived were the 25 sheep which Pasteur had injected with his vaccine.

Was Pasteur then accepted by the medical establishment?  Not on your life!  When Pasteur had the nerve to look for a rabies cure, again he was vilified and humiliated without mercy.  Pasteur was such a servant of all humanity that he even risked facing prison or guillotine to save the life of a rabies-infected ten-year old boy, Joseph Meister.  Joseph Meister was later made the caretaker of Pasteur’s tomb at the world-famous Pasteur Institute in Paris.  When the Nazis tried to force him to open Pasteur’s tomb in 1940, Joseph tragically committed suicide rather than defile the grave of his hero.

The ‘great physician’ Jesus once said that if anyone wants to be first, he must become the very last, and the servant of all.  Louis Pasteur was indeed the servant of all, who sacrificed his time, energy, and health so that others might live.  Pasteur selflessly taught that the benefits of science are not for the scientist, but for all of humanity. 

Though he has saved millions of lives through his discoveries, Pasteur was unable to save the three out of his four daughters who died from typhoid fever.  In his unceasing striving to cure rabies, he suffered a crippling stroke at age 46.  Yet even that setback did not stop him from successfully finding a rabies cure.

Near the end of his life, Pasteur was finally honoured by the French Academy of Medicine.  He graciously said to them: ‘Doctors and scientists of the future, do not let yourselves be tainted by a barren skepticism nor discouraged by sadness of certain hours that creep over every nation.  Do not become angry at your opponents for no scientific theory has ever been accepted without opposition.’ 

In so many ways, Pasteur embodied the true meaning of Christ-likeness.  My prayer for those reading this article is that we may never let opposition embitter us as we seek to be the servants of all.

The Reverend Ed Hird

Rector, St. Simon’s Church North Vancouver

Anglican Coalition in Canada

http://www3.telus.net/st_simons

-author of the award-winning book ‘Battle for the Soul of Canada’

http://www.battleforthesoulofcanada.blogspot.com

-previously published in the Deep Cove Crier

THIS DIRECTOR INDEMNIFICATION AGREEMENT, dated as of __________ (this “Agreement”), is made by and between _____________, Inc., a Delaware corporation (the “Company”), and ____________ (“Indemnitee”). RECITALS A. It is important to the Company to attract and retain as directors the most capable persons reasonably available. B. Indemnitee is a director of the Company. C. Both the Company and Indemnitee recognize the increased risk of litigation and other claims being asserted against directors of companies in today’s environment. D. The Company’s Restated Certificate of Incorporation and By-laws (the “Constituent Documents”) provide that the Company will indemnify its directors and the Company’s By-laws provide that the Company will advance expenses in connection therewith, and Indemnitee’s willingness to serve as a director of the Company is based in part on Indemnitee’s reliance on such provisions

http://www.gazhoo.com/doc/4916/FORM+OF+DIRECTOR+INDEMNIFICATION+AGREEMENT

indemnity, remedy

The Oficial Logo of The MPS

The Medical Protection Society — (known as MPS to inner circles) is primarily a not for profit organisation established back in the 19th Century to eliminate and expose charlatanism and  ‘Quakery’ in the Medical community, it now offers legal and ethical help to medical and dental practitioners …

Over the years, as the world has changed and thus the role of Doctors et al has become more prevalent and established, MPS has changed with the times — now the organisation also offers indemnity and insurance for Medical Professionals in approximately 35 countries world wide -  from Jamaica to New Zeland, Britain to Hong Kong, MPS has over a quarter of a million members, half of whom in the UK. ————————————————————————-

MPS is now officially the largest organisation of its type in the world, the other two organisations in the same field are the Medical Defense Union (MDU) and the Medical and Dental Defense Union of Scotland (MDDUS) MPS is an entirely service-driven organisation – to serve the individual and common interests of its members.

MPS employees have two overriding objectives – to provide a high-quality personal service and to preserving, through sounds stewardship, the society’s financial health — For this reason MPS had an established executive committee — which include some world renown Doctors such as Dr Priya Singh and Dr Stephanie Bown — whos role is to oversee the decisions of the organisation ensuring best practice…

For more information on MPS click-here for the official website.

One of the things our CorporateSpeak office does is run a feed service that pulls in articles and sends them out to our clients who want news feeds on their sites. One of my jobs is to cherry-pick from our various branches and include the articles in client feeds.

A model in a fashion show. (Photo by Ben Yeoh)

Given that web traffic often increases when stories about animals, children, and attractive women are posted (and this woman was attractive), I thought the story would be good to put on our own site’s feed — we maintain a small news feed as part of our promotional material.

The story was up for about six hours; the moment the Two-Year-Old saw it in our top pages of the day report, she decreed it to be completely removed from all feeds. Which was done.

Today I checked our traffic reports; the story was the second-most-viewed thing on any of our sites, and on the website where it originated, they received 300,000 page views (we got about 4,000). It was also the most-viewed video of the day on our video CMS, and the fourth-most-viewed video of the week. Pretty good for only being on the site for six hours.

I put the story up to drive traffic to our site. It did that. People saw our ads — video pre-rolls and banners. They may have clicked them. Money may have been made because of that story; I know our client made some. But because the Two-Year-Old happens to have two nieces the same age as the young woman in the story, she was particularly affected by it and ordered it eliminated. I imagine if the story had come from one of our other branches, instead of a client site, she would’ve been on the phone to her peer over there and had it taken down (the Two-Year-Old is a very powerful person in our company, and can order almost anyone around, including — I think — my Big Boss).

I just don’t understand it: companies want to grow their web business, but managers refuse to comprehend that you have to be edgy on the web sometimes — and if the option to be edgy without it being your “fault” falls into your lap, you have to take it. I mean, the most popular post ever on CorporateSpeak is The Facebook Babe — maybe because there’s a picture of two women in bikini tops? I don’t know.

Boobs sell. Cute kids sell. Puppies and kittens sell. Wardrobe malfunctions definitely sell. Just, apparently, not around here. Because we really don’t want to grow our web business; we just want upper management to think we do.

This post marks the addition of a new category, “The Two-Year-Old”, because it seems like an awful lot of my posts are about things she does that make no sense.

. . . is a problem.  (My apologies to Shakespeare.)

A problem I encounter on a fairly regular basis, I might add.  

Specifically, the problem is misnamed or unnamed insureds.  It’s a big problem for insureds who think they are but aren’t.  It’s also a problem for insurance agents and brokers (and their errors and omissions insurers).

Getting the name right isn’t always as simple as it sounds. 

Surprisingly, however, I have most frequently encountered this problem in contexts in which getting the name right should have been a fairly simple task.  For example, I recently discovered that the named insured was wrong on all of the insurance policies for a community association, and had been so for a very long time.  I’m not sure how this can happen, since community associations (typically referred to as “homeowners associations”) are generally incorporated in the State of California, and they have governing documents which include articles of incorporation and bylaws, so figuring out what the association’s legal name is should be cinchy (a technical legal term).  I just don’t get it.   

Here’s something else to think about (as if you didn’t have enough already).  When the insured’s name is changed, special attention must be given to any policies issued on a claims made basis.  This would include (but not be limited to) professional liability policies (what used to be called ”E&O” or “D&O” policies), and even some general liability policies which are written on a claims made basis.  

What about when the name of the insured has been changed to reflect a change in the business structure?  This raises some issue which are too complex to discuss here.  To see just the tip of the iceberg, take a look at the “Who Is An Insured” section of your commercial general liability policy (if you can find it), and you will see that the named insured’s business structure determines who is covered.  Even more important, of course, is who is not covered.  For example, if your policy’s coverage form says that a partnership that is not named as an insured is not covered, changing your business form from a sole proprietorship to a partnership without changing your insurance policy to reflect that would be a really bad thing.  And oh, don’t get me started on what can happen to your commercial auto insurance policy if ownership of the covered vehicles isn’t described properly.        

Making sure that policies properly name the insured(s) isn’t only a problem with business/commercial insurance policies, either.  I often encounter this issue with homeowners insurance policies when the property is held in trust.  It is important for homeowners to tell their insurance agents how title to the insured property is held, and it is even more important (in my opinion) for insurance agents to ask.  In fact, I’m going to go out on a limb here and say that, since homeowners usually don’t understand how creating a family trust for estate planning purposes has an impact on insurance, but the insurance agent does (or, at least, should), an agent’s failure to inquire falls below the standard of care.  The real problem arises, of course, when the property is placed in a trust after the homeowners insurance policy is first written, the homeowners don’t tell the agent, and the policy just keeps renewing with the agent never bothering to ask if there have been any changes. 

Suffice it to say that upon putting your home in a trust, the named insured(s) on your homeowners policy must be changed.  Consideration should also be given to ownership of the contents of the residence and how they are insured, and to the individuals (trustees, beneficiaries, occupants) who require liability coverage (and how that will be accomplished).  Similarly, for all you business moguls who put your personal residences in an LLC for tax purposes, your homeowners insurance policy will also need to be changed (potentially in a major way, since some personal lines insurance carriers, considering LLCs to be strictly business entitles, will not issue their policies to one).  Oh, and don’t forget that any umbrella policies will need to be changed as well.  

Finally, just to add the cherry to the whipped cream, the California Court of Appeal recently held, in a case called Kwok v. Transnation Title Insurance Co., that when the Kwoks, who had formed the LLC which originally took title to a house and was the named insured on the title insurance policy, later transferred the property from the LLC to a family trust, they terminated coverage under the title insurance policy.  Which turned out to be a bad thing when they were sued by their neighbors over an easement.  (Go ahead, you can say.  I know you’re thinking it.  “What a Kwok.”)   

There, you’ve been warned.   

Properly naming a business entity isn’t just important for purposes of insurance contracts.  It’s important for purposes of any contract.  For example, let’s say you are a residential property developer, and your risk management process includes setting up an individual LLC for each project.  You use a number of consultants for each project (architects, engineers, environmental consultants, construction managers, etc.).  You have a contract with each consultant, and every one of those contracts require the consultant to protect you against legal liability arising from the consultant’s work through indemnification and insurance provisions, with some of the consultants required to have their liability insurance policies endorsed to add you as an additional insured.  These indemnification and insurance provisions are iron-clad, top notch, brilliant risk shifting mechanisms, providing you with every available protection against legal liability, because they’ve been drafted by a brilliant, insurance and risk management savvy, attorney.  Well, all of that effort may be for naught, if the contracts and/or additional insured endorsements don’t properly name all of the business entities.  

The devil really is in the details, or to put it in construction terms, “measure twice, cut once”.

Seller’s Indemnity under Listing Agreement

By Brian Madigan LL.B.

You may wish to consider the Seller’s obligations to indemnify under the standard form Listing agreement prepared by the Ontario Real Estate Association (OREA).

Here’s what the clause looks like:

“8. INDEMNIFICATION: The Seller will not hold the Listing Brokerage responsible for any loss or damage to the Property or contents occurring during the term of this Agreement caused by the Listing Brokerage or anyone else by any means, including theft, fire or vandalism, other than by the Listing Brokerage’s gross negligence or wilful act. The Seller agrees to indemnify and save harmless the Listing Brokerage and any co-operating brokerage from any liability, claim, loss, cost, damage or injury, including but not limited to loss of the commission payable under this Agreement, caused or contributed to by the breach of any warranty or representation made by the Seller in this Agreement or the accompanying data form.”

Unlike the Indemnification clause contained in the Buyer Representation Agreement (BRA), this particular paragraph really does contain an indemnity.

Reasonably, the paragraph can be broken into two parts: a disclaimer, and an indemnity.

The Disclaimer

Let’s look at this statement in more detail:

• The Seller will not hold the Listing Brokerage responsible
(this is a disclaimer or limitation on liability)

• for any loss or damage to the Property or contents
(note: there is no reference to personal injury)

• occurring during the term of this Agreement
(this is the listing agreement period and does not include the additional holdover period)

• caused by the Listing Brokerage or anyone else
(this refers to obviously everyone in the entire world)

• by any means, including theft, fire or vandalism, other than by the Listing Brokerage’s gross negligence or wilful act.
(and the cause is irrelevant, with the notable exception of a wilful act or gross negligence)

I should make it clear that the term gross negligence likely has no meaning in law in this context. Ordinary negligence probably means the same thing as gross negligence.

So, the listing Brokerage is not responsible for people setting fires. That’s probably reasonable. But, it is also unlikely. What’s more important is the matter of theft. This is far more likely to occur and a much more difficult problem. How can the agent ensure that no one takes anything? This is almost impossible! Thieves can be very clever.

The Indemnification

This paragraph actually includes an Indemnity, which we can break down as follows:

1) Indemnity: The Seller agrees to indemnify and save harmless

2) Who: the Listing Brokerage and any co-operating brokerage

3) From What: from any liability, claim, loss, cost, damage or injury,

4) Commission Included: including but not limited to loss of the commission payable under this Agreement,

5) Triggering Event: caused or contributed to by the breach of any warranty or representation made by the Seller in this Agreement or the accompanying data form.

So, this statement truly is an indemnity. It operates in favour of the brokerage and any co-operating brokerage. That means everyone else on the MLS system or any brokerage which might participate in a transaction.

There must first be a loss to either the brokerage or the co-operating brokerage before this statement will become operative. It covers any liability, as well as other claims etc. Notably it does not mention judgments, orders, pre-judgment and post-judgment interest which are usually mentioned in this type of provision.

More specifically, if for some reason the commission is lost, then this statement will come into play.

The triggering event before the seller will incur liability is a direct or indirect causal relationship between the loss and a breach of either a warranty or representation made by the seller. However, that breach relates specifically to this Agreement (meaning the listing agreement) and the data form which sets out details about the property.

Now, you might think that the two most likely causes of a breach in a transaction would arise out of the Agreement of Purchase and Sale, or the Seller Property Information Statement (SPIS) and you would be right.

The problem, at least, for the two brokerages that might seek to benefit from the terms of this provision is that both such documents are not mentioned.

In terms of legal interpretation, the “contra proferendum” rule would apply. That means that any ambiguity or uncertainty in a document will be construed as against the interest of the person who drafted the document. A Court would be unlikely to extend the meaning to include the agreement of purchase and sale and the SPIS when they were omitted. That’s interesting! Obviously, there should be a better indemnification provision from the perspective of the brokerages. This particular one contains some rather large holes. Oh, well, litigation is probably too expensive anyways! But, the point of this is that if you are going to have an indemnity clause, you should have a good one.

Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Royal LePage Innovators Realty
905-796-8888
www.OntarioRealEstateSource.com

This is an actual quote from a letter I recently saw. 

The purpose of the legal function in a business enterprise is to define its relationships to various internal and external stakeholders and to create incentives for stable, strategic and proactive longer-term behaviors over reactive short-term ones by skillfully anticipating and managing opportunity and risk.

No kidding.  That’s what it says. 

I’m not telling you who wrote the letter because my intention is not to mock the style.  (It was appropriate in context, since the letter was directed to attorneys.)  Besides, the letter wasn’t about defining liability risk management (it was about improving legal services to businesses).  But in a succinct (if formal) way, that sentence states what a lawyer’s management of a client’s business liability risks is generally supposed to accomplish. 

You have a business.  It is successful.  It is successful because you take risks.  You’re not stupid about it.  There is simply some level of risk in the product you sell, the service you provide, the things you build.  You can’t avoid the risks which are inherent in what you do or sell (well, you can, but that would require you to go out of business).  But, you can control them. So, you take controlled risks, and you take them because they are just plain part of what you do.  You carefully design and manufacture your product, or you distribute products which you have determined to be safe and well suited to your customers’ needs.  You hire skilled workers, or you train them to be, and you require them to follow appropriate safety guidelines.  You pay attention to potential safety hazards on your business premises.  You’re just plain careful.  

You would worry a bit less if you could feel confident that you have considered and, to the extent possible, controlled, every potential risk.  The risk you feel the least confident about is the risk of legal liability.  It worries you because it’s hard to pin down and it just doesn’t seem as controllable, no matter how careful you are.  That’s the kind of worry that can keep any business owner awake at night, particularly if someone has ever used the “sue” or “lawsuit” words in some way connected to your business.  The legal liability risk landscape seems to keep changing, and you’re not sure if you are keeping up.  Every so often, you hear or read about a lawsuit filed against some business or another, and it makes you a little nervous.  Plus, every time you turn around a customer, client, vendor, contractor or subcontractor, landlord, equipment supplier, etc. is asking you to sign something, and those documents always seem to have indemnity provisions, insurance requirements, disclaimers, liability waivers, attorney fees clauses and then some.  You’ve been careful to work with a good commercial insurance broker so you are pretty confident that you’ve covered all the bases there, but you want to be sure that you are indeed covered for the liability you are assuming under those documents, and it would sure be nice to know that your own transactional documents eliminate, transfer or control your legal liability risks (without putting the kibosh on every potential deal, of course).  

You have a job to do, a business to run, employees to train and supervise, a building to construct, a product to sell.  You just don’t have the time to go to law school.  So, you hire someone who did.  Like me.  And then I worry about your legal liability risks.  But only long enough to figure out and evaluate what they are.  Then, I control, manage and solve them.  That’s what I do. 

How is it done?  Well, it will take more than one blog post to explain that!

By Steven G. Mehta

In a previous article, we discussed the Six things that You Need To Know About Medicare Liens (But Don’t Want to).  In that article, we discussed the fact that Medicare has a “superlien” that supersedes all other claims and requires both plaintiffs, defendants, and their attorneys to protect the lien. 

The question, after understanding the rules regarding Medicare is what, if anything, can be done to resolve this problem?

 POSSIBLE SOLUTIONS

Thankfully, it is not all bad news.  There are solutions to the Medicare problem.  It is important to note, however, that any solution will have its problems and downside.  Each solution must be evaluated in light of the specific problem with Medicare and the possible problems that may be associated with the solution. 

For plaintiffs’ attorneys, it is imperative that they quickly find out whether or not their client received Medicare benefits. This can be done in the early phases of litigation. The attorney can ask the client in a questionnaire whether or not the client received Medicare benefits. In addition, the attorney can obtain copies of insurance explanation of benefits documents to make sure there is no reference to Medicare. As a general rule, if the person is disabled or elderly, there is a good chance Medicare is paying the bill.

If, however, an attorney identifies that Medicare has paid for some or all of the medical bills, they can contact the Center for Medicare and Medicaid services (“CMS”) to determine if (or how much) benefits were provided. It is important to note that it is critical to identify the nature of Medicare’s claim early in the representation of the matter. This step can often be a very long and arduous process. 

One of the major reasons why an attorney should establish the nature of the preliminary lien is so that the attorney will be in a better position to identify what demands should be made to settle the case. In many cases that I’ve mediated, the attorneys will make their demands for settlement and then later come to learn through the mediation process that the lien is greater than they had expected.  Obviously, this could make it extremely difficult to settle the case.

Another common thing that is often overlooked is the need to notify the client about the nature of the Medicare lien. Many times, clients are unaware of the Medicare lien until the day of the mediation. This can create many obstacles to getting the case settled; especially when the amount of recovery is not significant.  

There are several possible solutions that an attorney may choose to use to protect both his or her client as well as protecting against personal exposure to the full lien and a possible malpractice action.  With each possible solution, however, there are possible complications.

 State That the Client is Responsible for Liens

 Advantages: 

 This solution is quite easy to implement and does not require significant involvement with Medicare.

 Disadvantages:

 This solution, however, is probably the least effective in making sure that all parties are protected.  That is so because you are relying on the client to make sure that she will protect the lien.  Here if you distribute the sums without making sure that Medicare is paid, it is entirely possible that the client will spend the money and not pay Medicare.  Therefore, this solution does not effectively protect Medicare or you.

 Expressly State In The Settlement Agreement That The Plaintiff’s Attorney Will Indemnify The Defendant For Any Claim Made By Medicare

 Advantages: 

Because defendants are concerned that they will be found to be liable to Medicare, they often want to make sure that Medicare is on the settlement check. By agreeing that the plaintiffs’ attorney will indemnify the defendant for any claim made by Medicare, it will alleviate the defendant’s concern that there will be nobody to collect against if Medicare is not paid.  (Remember, defendants are worried that they will be held liable and thus want protection).  In addition, by eliminating that concern, you can ease cash flow to make sure that you reserve sufficient funds in your trust account to protect Medicare. This should ordinarily not be too much of a problem since you will be making sure that you protect Medicare anyway.

Disadvantages:

Anytime you deal with Medicare, it can be a long ordeal. There are stories of attorneys who have placed money in their trust account and have kept it there for several years waiting for Medicare to respond.  This could mean significantly more work for you as well as keeping a file open much longer.

Ask The Defendant To Issue Two Checks:  One To You And The Client, And One To Medicare And Your Trust Account

 Advantages:

As noted above, defendants are concerned about possibly being liable to Medicare after the settlement is long gone.  Having Medicare on the check can address those concerns.  Moreover, by allowing two separate checks, you will not have to worry about holding up the entire settlement proceeds.

Disadvantages:

Like the last proposal, time and effort dealing with Medicare is a major problem.

Ask the Defendant To Interplead the amount at issue with Medicare

Advantages:

Because of the inordinate amount of time involved when dealing with Medicare, you may be able to speed the process up by having the defendant filing a separate interpleader action against your client and Medicare and depositing the Medicare amount into the court.  This may seem at first blush to be a very difficult process, but it forces Medicare to address the issue of the lien.  Medicare will be forced to answer the complaint, and then appear before a judge explaining their position.  This method can create substantial judicial pressure on Medicare to identify the lien amount and possibly even compromise the lien.

Disadvantages:

There is one obvious disadvantage.  You will have to represent your client in this additional lawsuit.  In addition, a defendant might complain about having to do the extra work of filing a separate action.

The Medicare lien and reimbursement rights are simple to understand, but very complicated to address in real life.  Handling a claim that involves Medicare can create a lot of extra work for both sides.  However, if careful steps are taken, an attorney can manage to walk through the Medicare minefield unscathed.

The Delaware state legislature has updated the Delaware General Corporation Law for 2009 to provide additional indemnity protection for directors.  Delaware corporation law is important to businesses throughout North America because the Delaware Court of Chancery (a special business court) and the Delaware Supreme Court are the source of most common law on corporations, and the legislatures and courts throughout the United States and many countries throughout the Caribbean and some Latin American countries look to Delaware court decisions for guidance.  Additionally, a great many companies and other forms of business entity throughout the United States are formed in Delaware, and subject to Delaware law.

Effective August 1, 2009 Section 145(f) of the Delaware General Corporation Law is amended to provide that indemnification of directors, and their right to advancement of expenses for indemnity, may not be eliminated by the company after the occurrence of the act or omission giving rise to the indemnification claim, unless the by-law or charter provision providing indemnification allows for retroactive elimination.  To simplify, unless the articles or by-laws provide, a company cannot refuse to indemnify an officer or director after an act or omission occurs, if the company documents provided for indemnity when the act was committed.  This amendment legislatively overturns a 2008 Delaware Chancery Court decision in Schoon v. Troy Corp., 948 A.2d 1157, where a former director who was sued for breach of fiduciary duty sought advancement of defense expenses, but before the suit was brought, the company amended the bylaws to eliminate indemnification for former directors.  The court upheld the company’s action. 

The Colorado Business Corporations Act, C.R.S. § 7-109-103, requires Colorado corporations to indemnify their directors and officers unless the Articles of Incorporation specifically provide that no indemnification is to be provided.  If the holding of Schoon v. Troy was applied in Colorado, a company would be able to amend its articles to retroactively eliminate the company’s indemnification obligation. 

I recommend that directors and officers enter into indemnification agreements with the company.  Articles of incorporation and bylaws can be amended, but a contract between two parties can normally not be amended without the consent of both parties.

I thought of how much fun the idea of seeing all of these movies was to me, and equally of how much fun it would be to write about them all too.  It was at this point that a few things dawned on me.  I realized just how large this undertaking was, and how equally large the time commitment will be too. 

I was daunted by the sheer volume of my endeavor.  I immediately started to formulate a way to lighten the load.  I’ve already seen a lot of movies, I thought, why shouldn’t I just write about the ones that I’ve already seen?  Yes!  That’s it!  I’d write about the movies in this book that I had already seen.  That way, I’d save a lot of time, and I wouldn’t tempt my fiancee to leave me through my own in-activity, and unsocial behavior.

This got me thinking yet again.  As I said before, I was looking forward to seeing all those movies…That’s IT!  I would go ahead with my initial plan of watching each of the movies that I haven’t seen and writing about each one individually, AND I would write about the ones I have seen (although these will be done in groupings so as not to accelerate my already rather sedentary behavior tendancies too much.)

Here is the first installment of the movies that I have seen.  They are not quite as in depth as the reviews that I have done and plan to continue doing for the new material, but they provide a good summary of what I liked and/or what I didn’t like.

I hope you enjoy this bunch.  It covers the first movie in the book that I had seen, up through the end of WWII.  So…get reading already

Metropolis (1927)

I was lucky enough to catch this projected from a remastered 70mm print with lost footage re-integrated into the story.  It featured a live piano accompaniment, and featured written descriptions of scenes that were still “lost”.  At the same time, I was unlucky enough to see it while I was super, super tired.  There are some slow moments, and I was drooping at times.  Still, it was probably the best possible way to see Metropolis for the first time.

M (1931)

The Criterion Collection has introduced me to a wide variety of movies, including quite a few of the selections on this list.  M introduced me to foreign film in general, not to mention the fantastic Peter Lorre.

Scarface : The Shame of a Nation (1932)

I saw this with a couple of other fantastic American noir and crime films in a little theater on the left bank in Paris, the Action Christine for those who are in the know.  It was part of a week long mini-film-festival concerned with classic and overlooked American noir films.  I was able to catch a number of other great flicks including, Kiss Me Deadly, Key Largo, the version of The Killers from the sixties (with Ronald Regan, Lee Marvin, and John Cassavetes), and the topper, Charade.  I was surprised how much of this story of Scarface is recognizable later on in the Brian De Palma version.

It Happened One Night (1934)

I was introduced to this movie through a friend who was absolutely in love with it.  I was, at first a little skeptical, but came to appreciate it quite a bit.  I’m not sure why everyone makes a big deal about Clarke Gable in Gone With the Wind, but not in this one (I suppose I’ll find out later, when I watch it).

The Thin Man (1934)

As this was a recommendation from numerous trusted sources, I may have gone into this one with elevated expectations, which as you may or may not know can be death on first impressions.  While I didn’t love it as unilaterally as I was led to believe that I would, I didn’t dislike it at all.  It was solid, but not discernible from a lot of other movies that I have seen from this period.

The 39 Steps (1935)

One of two of Hitchcock’s British movies that I’d seen after I’d tooled through almost all of his American stuff, (The Lady Vanishes being the other…), and while I liked The Lady Vanishes better, this was not without it’s charms.  By and large this seems like a stepping stone through which you can get to Hitchcock’s great works, although it is not great in and of itself.

La Grande Illusion  AKA  Grand Illusion (1937)

This is another of these movies that I was introduced to through the Criterion Collection.  When I saw this movie, it was the first time that I had either heard of or seen Eric von Stroheim, Jean Gabin, or Jean Renoir.  Von Stroheim in particular interested me, and I have since been looking for his epic, studio bankrupting movie, Greed.

Snow White and the Seven Dwarves (1937)

Snow White was the second movie that I ever saw in a movie theater (E.T. being the first), and since then, thanks in part to having a good number of girl cousins, friends, and going to a daycare where a good amount of the kids were girls, I was quickly overdosed on this movie (along with The Little Mermaid, Cinderella, The Sound of Music and Mary Poppins).  That being said, upon my first viewing, I was enraptured.  I wanted to be the 8th dwarf, and I was terrified of the old witch with the apple.  Fucking scary!  This is how childrens stories can be.  They don’t have to be these antiseptic, polished, glittering trash-heaps that they came to be, straight to video sequels with crappy 3D animation.  Snow White set the standard, even IF I don’t really wanna watch it anymore.

Bringing Up Baby (1938)

I partially wrote this longer post of movies that I had already seen because of this movie.  I didn’t want anyone to think that just because I had seen it, to think that this might mean that I liked it.  I saw this in film school, as an example of the studio system of the 30’s and 40’s, and more specifically because it was THE classic screwball comedy.  I liked movies from this period, and more importantly I was a pretty big fan of Cary Grant, so it seemed like a natural fit.  Then along came Katherine Hepburn and ruined everything.  She plays the most annoying, murder-inducing, terrible fucking annoyance EVER!  I could not wait until it was over.  From 5 minutes in or so I was checking my watch, sending text messages to friends, trying vein to sleep, anything to avoid that shrill voice, and that irksome demeanor.  What made it worse was, that Cary Grant, put up with it to the point where his character started to exhibit affection for Hepburn’s.  This bastion of charm, class, and smooth masculinity was was so utterly ineffectual, that not only could he not save me from hearing this woman speak, but he stole two hours from me in the process.

The Wizard of Oz (1939)

Who doesn’t like the Wizard of Oz?  It’s a little heavy on the songs, and musical routines which I don’t really go in for (making a lot of movies musicals in this book a little daunting), but the story and the fabulous imagery were far more than enough to outweigh them.

Rebecca (1940)

 I liked Rebecca (come to think of it, I’m not sure that I didn’t like any Hitchcock movies), but I liked Notorious better.

Fantasia (1940)

This, like with a lot of different musicals, was pretty lost on me.  I’ve fallen asleep or gotten board and wandered off each time I’ve tried to watch this (3 separate times now).  The animation was great, but not quite enough I guess.

Pinocchio (1940)

I enjoyed Pinocchio back when I saw it initially, but it was never quite as good, in my opinion, as The Jungle Book, The Sword in the Stone, or Robin Hood.  Maybe it was just the time period that I grew up in, maybe it was the animation style.

The Bank Dick (1940)

W.C. Fields is a smarter, more adult, and more aware version of The Three Stooges.  He pokes fun at himself rather than poking fun at others or having them poke fun at him.  Don’t get me wrong, I love The Three Stooges, but every now and again it’s nice to see you don’t have to hit something with a hammer in order for it to be funny.

Citizen Kane (1941)

The enigma that is Citizen Kane…it is both vastly over and under-rated.  The idea that you can pick one movie in the scope of all that has come out to date and claim that it is the greatest movie ever made is a ridiculous one.  Equally ridiculous is the idea that that same movie is of no or little value simply because every other movie since then has co-opted the same bag of tricks.  Citizen Kane and Orson Welles set the standard, and now people get mad that in a sea of copy-cats, it no longer stands out to them.

The Maltese Falcon (1941)

Fantastic, fantastic movie.  For one reason or another, before I had ever seen a Humphrey Bogart movie, I was under the impression that I didn’t like him as an actor.  This movie, The Big Sleep and Casablanca proved me wrong three times in a row.  Each was fantastic in it’s own way, but the addition of Sydney Greenstreet and Peter Lorre make this a contender for my favorite of the bunch.

Dumbo (1941)

This is my least favorite of the early Disney movies.  I didn’t quite know what to make of the bizarre pink elephant sequence, and I took the shame and teasing that were inflicted upon the titular character to heart.  I haven’t seen this one for a long time, but I’m not sure that I want to.

Casablanca (1942)

Check out my review of  The Maltese Falcon two entries above this one, and you’ll know how I feel about this one.  With a rousing story, Ingrid Bergman, and Claude Rains you can’t help but love this movie.

Shadow of a Doubt (1943)

I like Shadow of a Doubt, but just before seeing it, I had seen The Third Man, and I was completely prepared to fall in love with it.  Joseph Cotton was the key.  He and the movie didn’t really stand out to me…correction, they weren’t able to blow me away the same way The Third Man had.  Despite this, I still enjoy watching it when I want to throw something on while I doing something else.

Gaslight (1944)

It was on my Grandpa’s insistence that I sat down and watched this one with him.  A well made movie, with the beautiful Ingrid Bergman, but I have to say, this spot could have easily gone to at least 2 dozen other movies (Charade, Miller’s Crossing, American History X, Leon The Professional, Bottle Rocket, El Mariachi, True Romance, Shallow Grave, Hard Boiled, Hearts and Minds, Le Cercle Rouge, and Ghost Dog to name just a few.)

Double Indemnity (1944)

I fell in love with Double Indemnity when I first laid eyes on it.  I seemed to ooze a certain coldness, and efficiency that I had never seen up until that point in movies.  I’ve heard other reviews of this movie citing Fred MacMurray as being the weak link in the chain, to not committing to the role enough (the reviewer was saying that he did this in most all of his roles), I disagree whole heartedly!  He may not have achieved the short lived notoriety of someone like James Dean or Clarke Gable (note: my definition of short lived may not match yours), but he was the right man for the job in each of the movies that I’ve seen him in.

Murder, My Sweet  AKA  Farewell My Lovely (1944)

Murder, My Sweet was a good movie, but this is another slot given to a lesser contender. 

Spellbound (1945)

When traveling in London I visited the Salvador Dali museum, expecting to see a host of what I thought were the artists more well known works.  Instead, I saw a bunch of his work that I had never seen before, including a number of artifacts from the movie Spellbound!  Ultimately, I think fairly well of my visit to the Dali museum, but that is mostly because of the items from the movie.  Spellbound, like the museum, has left a generally favorable impression on my mind, but it doesn’t go much farther than that.

Les Enfants Du Paradis  AKA  The Children of Paradise (1945)

This is a fabulous movie that you should go see.  Now.  Go ahead, I’ll wait….Wasn’t that awesome.  Well dig this…This whole movie was filmed during the Nazi occupation of France.  Film stock, supplies and artisans were in short supply, cast and crew were being routinely investigated by the puppet Vichy (read Nazi) government, and still they managed to pull off a staggeringly beautiful movie with beautifully thought out and constructed sets, top notch acting, and a story packed with anti-fascist allegory.  On top of this, the majority of the actors and crew were utilizing the “cover” of the movie in order to stay hidden, as many were French Resistance underground fighters.  Now go watch it again!

That is all for this first chapter…go watch all of these movies and write back to tell me what you think.

Is it Groundhog Day, everyday, and we just don’t realize it?

The Peak House in Medfield, Massachusetts, was burned down in 1676 during King Philip’s War.  I drive by it on my way to Boston but only noticed it for the first time yesterday.

“King Philip’s War” was what the colonists and England named the uprising of Native Americans that took place fifty five years after the arrival of the Mayflower.  In that span of time the spreading settlements had brought diseases that depleted the Native American population as well as tribal lands being taken and herds of British cattle grazing in each settlement over land once used for the Native American corn crops.  In case you may not put two and two together (like me), cattle grazing on land used for corn means the end of corn.  You couldn’t survive a steer trampling on top of you either.

The disappearing land as well as Indian culture ( add those religious zealots trying to convert “the natives” to the war mix, too) led to the expanding British settlements and domination and was described by the man who led the war in this way,  “I am determined not to live until I have no country.”

He was nicknamed “King Philip” by the British settlers, according to a summary of the war written by Michael Tougias because of his “haughty” ways.

His father, Massasoit, on the other hand, had not been deemed ‘haughty” as he was the leader of the tribe of Indians living in Plymouth when the first British settlers arrived and famously helped them survive that first harsh winter.

As the saying goes: “Honey, no good deed goes unpunished.”

Fifty five years later, his father and brother dead, the uprising began with attacks on settlements by the son of this Chief who had helped the British survive and prosper.

It began with two tribes, the Wampanoags and the Nipmucks, but their ranks were widened when the colonists began attacking large, non-warring tribes like the Narrangansett Indians in Rhode Island.  Following a massacre of this tribe in southern Rhode Island,  they joined “King Philip’s War” and were responsible for the burning down of the original “Peak House” and a line of other settlements along this main corridor to Boston.

The war ended because King Philip’s Indians were simply depleted in rank– ironically enough, some from starvation following a severe winter and others due to devastating attacks on war camps themselves.  King Philip and his remaining warriors returned to their home near Swansea and, with the assistance of a tip from an Indian traitor, his location became known and shortly thereafter, his death by gunshot.

The house that was rebuilt in 1680 was also apparently built with funds which one could view in modern terms as part of a “bailout”.  The sign in front of the property says this: “Seth Clark, the owner of the house, received indemnity from the colonial government and in 1680 rebuilt the present Peak House, so called because of its architecture.”

Indemnity, (thank you Wikepedia) is : An indemnity is a sum paid by A to B by way of compensation for a particular loss suffered by B. The indemnifying party (A) may or may not be responsible for the loss suffered by the indemnified party (B). Forms of indemnity include cash payments, repairs, replacement, and reinstatement.

Today, I’m realizing that on one’s journey to Boston, it may just be the road surface and architecture that changes over the years, not human nature.

If I see history’s shadow on March 28th, does that mean there is six more weeks of winter?

©Pat Coakley 2009

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