Legal Reasearch Summary, Aug. 13, 1998
From email@example.comThu Aug 13 16:04:43 1998
Date: Thu, 13 Aug 1998 14:26:03 -0400
Subject: Information for Newcomers (legal research summary)
judy morris wrote:
1) I have a couple of promising things coming up in September. If all
goes well I'll have good news to share with people at the conference. I
don't want to talk about them yet and jinx things. I am hoping some of
you will attend this meeting and let me know so I can arrange for us to
meet. If you need cheap accomodations try contacting either the
Massachusetts CFIDS Association or the National CFIDS Foundation. Both
have Websites. Both are near Boston. I live too far away to offer
2) I just want to summarize my legal research. I'm hoping some of you
will follow through on some of my suggestions. I'm not going to give
case citations or laws right now (I've given them before and there will
be more coming). But to make a long story short:
a) Contract Law holds that ambiguities in a contract MUST against the
writer of the contract (especially if it's a take-it or leave it deal,
an adhesionary contract).
b) Ambiguities in insurance contracts must be interpreted IN FAVOR of
c) If you and your doctors feel you are disabled according to the
contract provisions but the insurance company says you are not, there is
an obvious ambiguity in the definition of the term disabled.
d) The laws against extortion hold that:
1. The element of 'fear' required by the Act can be satisfied by
putting the victim in fear of economic loss
2 Fear of economic loss is viewed from the perspective of the victim
3. Extortion by wrongful use of fear encompasses threats of economic
loss...Furthermore the fear need not be the product of the defendant's
actions. It is enough that fear exists and the defendant intentionally
4. It is enough to sustain a conviction if ...fear exists and the
defendant intentionally exploited it
5. As representative Hobbs noted, the words robbery and extortion
'have been construed a thousand times by the courts. EVERYBODY KNOWS
WHAT THEY MEAN."
e) Every time you are threatened with loss or denial of legitimate
benefits unless you comply with some unreasonable demand, or your
benefits are actually denied or terminated and you are forced to sue, or
you sue and take a settlement for one penny less than what you are
entitled to by that contract, the money they did not pay you was gained
by the insurance company BY EXTORTION.
f) Gag orders in settlement contracts are obstruction of justice and
threatened retalatiation against witness to extortion.
I'm hoping you will take this short synopsis, go to you local DA, your
state Attorney General, and any Lawyers or politicians you can find.
I'll be typing up the precidents and exact language in the near future,
but EVERYTHING I'm saying is backed up BY LAW.
All we need is to find ONE DA, AG, or lawyer to file for racketeering
and extortion to get the whole ball rolling. I can't do it alone
people. When there is a pattern of two or more acts of extortion being
committed within a legitimate business, that constitutes RACKETEERING.
If you find me a DA, AG or lawyer, I can provide the evidence.
3) A suggestion for people who have CFS and are being harrassed. Get a
copy of the Conference Bulletin for the CFS Conference in Boston October
10-13 and send a copy to the Insurance Whores who keep telling you it's
"somatization" disorder. You can remind them that they can even get
Continuing Education Credit for this conference AND maybe UNUM will pay
to send them. They should, shouldn't they.
Someone remind me to ask Peter Manu this question. Since it is his
contention that psychiatric problems CAUSE the immunologic, blood
pressure, blood volume, cognitive and other problems in CFS, I would
like him to explain to me EXACTLY HOW THIS HAPPENS. How can your "mind"
cause physical abnormalities and not vice versa. Doesn't it make more
sense, since we know for certain that there are certain drugs that can
alter mood in perfectly normal people (reserpine, amphetamines, cocaine,
etc.) that something is damaging the immune system and the resultant
abnormal chemical milieu is the cause of not only the blood pressure
problems, flu symptoms, etc. but also the CAUSE of the mood
abnormalities? I realize we all know this but I'd love to hear what
kind of "nonanswer" he will give to get out of a direct question.
OK, here's the conference information. You can probably also get it
from the Chronic Fatigue Association of America (CAA) or or any of those
Annual CFIDS Conference in Boston
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Uncivilization and its Discontents
Email Judy Morris
at: judydoc AT the-spa DOT com
at: bhammel AT graham DOT main DOT nc DOT us
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Created: August 15, 1998
Last Updated: May 28, 2000