Karl H. Timmerman M.A.J.D. 2004
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS

FOR
AUGUST 13, 2004


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2004. 
Archived Prior Ramblings
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In Memorium:
September 11, 2001
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                      2002
 
02-22-02  03-30-02  04-05-02
 
04-21-02  04-27-02  05-01-02
 
05-03-02  05-10-02  05-17-02
 
05-31-02  06-21-02  06-26-02
 
06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
 
08-21-02  08-23-02  08-30-02
 
09-06-02  09-11-02  09-11-02F
 
09-13-02  09-20-02  09-27-02
 
10-04-02  10-11-02  10-18-02
 
10-25-02  11-01-02  11-08-02
 
11-15-02  11-22-02  11-29-02
 
12-06-02  12-13-02  12-20-02
 
12-27-02

                      2003
  01-03-03  01-10-03  01-10-03R
 
01-17-03  01-24-03  01-31-03
 
02-07-03  02-14-03  02-21-03
 
02-28-03  03-07-03  03-14-03
 
03-21-03  03-28-03  04-04-03
 
04-11-03  04-18-03  04-25-03
 
05-02-03  05-09-03  05-16-03
 
05-23-03  05-30-03  06-06-03
 
06-20-03  06-27-03  07-04-03
 
07-11-03  07-18-03  07-25-03
 
08-01-03  08-08-03  08-15-03
 
08-22-03  08-29-03  09-05-03
 
09-12-03  09-19-03  09-26-03
 
10-03-03  10-10-03  10-17-03
 
10-24-03  10-31-03  11-07-03
 
11-14-03  11-21-03  11-28-03
 
12-05-03  12-12-03  12-19-03
 
12-26-03 

                      2004
 
01-02-04  01-09-04  01-16-04
 
01-23-04  01-30-04  02-06-04
 
02-13-04  02-20-04  02-27-04
 
03-05-04  03-12-04  03-19-04
 
03-29-04  04-02-04  04-09-04
 
04-16-04  04-23-04  04-30-04
 
05-07-04  05-14-04  05-21-04
 
05-28-04  06-11-04  06-18-04
 
06-25-04  07-09-04  07-16-04
 
07-23-04  07-30-04  08-06-04
 
08-13-04

 

To post a "comment" to the "Comments Page"
Greets and Huggers.  Posted the evening of  August 13, 2004.  Susan and I went to Mass last Sunday.  I believe in God: I believe in that, than which, nothing greater can be believed to exist.  Whatever you choose to call it:  there is order  ...  that Order, I choose to call God.  The Old Testament, one of the Ten Commandments, mandates: "Thou shalt have no other Gods before me" ...  so where does the Holy Spirit or Jesus fit in?  According to Christian dogma, all are different parts of the same God.  If so, why would a belief in Jesus, redemption, be the only way into heaven? Why wouldn't a belief in the Holy Spirit or Allah, suffice?  So, are all folks, except those folks that believe in Jesus doomed to hell?  Don't know. But let us suppose there is no God, (no "alpha" and "omega"), no beginning nor end.  (For arguments sake, lets suppose energy can not be created nor destroyed: the Laws of Thermodynamics apply). Absent a God and if energy can not be created nor destroyed:  can there be a beginning or an end? Absent a "God", can something come out of nothing?   ...  <scratching his head>  ...  Doesn't that mean that, that, which is "you" and "I" can only have a beginning and end, if there is a God?  So how does "eternal life" fit in?

Ed Herman, (one of the 70 member Brown & Crouppen Law Firm),  posted to the SFIG:  "At this meeting, we will lay out our plan of action to fight these unfair and unconstitutional revisions  ...  enlisted the help and guidance of the ACLU, NAACP, respected judges, accomplished legal scholars and law professors."  hmmm ... well, just watched one of  Brown & Crouppen's ads on TV, (trolling for clients who have suffered injuries "welding").  Just got done looking at their Webpage and just re-read Mr. Herman's post. So, I'm curious .... what guidance did the ACLU and NAACP give? (As an aside ... I would seek the guidance of Judges of ill-repute ... they might have more insight!)  As for "accomplished legal scholars and law professors", I would suggest, they have as much insight into the solo and small firm practice of law, as Bush and Kerry have shopping for health insurance. I most RESPECTFULLY dissent with Tom Casey's view that a change is necessary:    reasonable, honorable persons can differ. I disagree with Tom  ... but would stand shoulder to shoulder with him any day, any time, anywhere, as a solo and small firm guy. In my opinion, Tom Casey's actions were/are an honorable furtherance of his beliefs, (misplaced in my opinion),  but for the betterment of our Bar.  Brown & Crouppen's actions are based solely on Bown & Crouppen's bottom line: certainly not a defence of our 1st Amendment.

On January 14, 2003 Susan wanted to buy me a new TV for my birthday:  we went to Best Buy.  By far, the television with the best picture was a 51" Samsung DLP TV.  We were told the only thing that ever goes wrong with them was the bulb.  There is a 1 year manufactures warrantee, (which covers the bulb). So we bought Best Buys extended warrantee that warrantees:"Complete coverage if your product fails due to normal wear and tear/usage.", but under exclusions,  "Also not covered are replacement costs for lost or consumable parts, (knobs, remotes, batteries, bags, belts, etc)." The bulb went out.   How could "normal wear and tear/usage" not cover a bulb?   Wouldn't "normal wear and tear", by definition, include a "consumable"? Best Buy will not cover the bulb under the warrantee, claiming it is a "consumable". A consumer can swap out the bulb, (click
here to see the parts).   Warrantee contracts issued after June 2004 cover the bulb, (identical contracts).  To resolve the issue, the store manager issued me a refund for the 2003 contract and sold me a 2004 contract, which is supposed to cover the bulb.  Yesterday, Best Buy, informed me the new contract does not cover the bulb:  it is a renewal of the "old" contract that does not cover the bulb, (keep in mind ... both "contracts", in writing, are identical). When I visited with "Corporate Customer Service" yesterday ... they basically told me to sue them.  This morning, I wrote a check for $650.00 to have the bulb replaced.  I'm a "Family Law" guy ... all my attempts to change the law have been on the "Family Law" side, Hernandez, Flathers, Bradley etc.  I'm sitting here fuming and wondering how many other folks Best Buy has screwed over, (frankly, $650.00 is not the issue ... we can afford it).  It dawns on me that Best Buy can get away with screwing folks over because the folks they screw over don't have the money to hire a lawyer and take them to task or ... it's not worth the effort for folks who can afford it, to take them to task.   What a good Corporate Citizen!! So, what should I do? File a "small claims" action knowing they will settle with me?  Offer to pay me off?  Or, learn this area of the law, refuse to settle my case and lead a charge to make it more cost effective for Best Buy to honor the maintenance contracts they write?   My father opines, "Best Buy is a big company with a  big legal department.  You can't win against them."  I know better.  I'm sitting here with frosted grits thinking about bringing a "Class Action" to hold these bastards accountable  ...  and at the same time dreading the amount of work it will take to learn how to do it?  What price justice?   One thing is certain:  one way or the other, I will get my $650.00 back.  By the way, the Best Buy store that I purchased the TV from, burned down last night:  I plan on attending Mass with Susan and light candles for Best Buy, (wouldn't want anyone thinking I had anything to do with the fire!!)  "Nuff said.

Julia Childs died today. She was 91 years old and 6' 2" tall. She demystified  French Cooking for Americans.  In 1990, her Kitchen was made an exhibit at the Smithsonian.  She was 91 years old.  I remember watching her on PBS:  she pioneered the "TV Chef" genre.  Another "kind and gentle" person who has graced us with her presence:  gone.  She was a remarkable Lady who lead a very interesting life, (you should read the link above:  her biography).

Sitting here editing these Ramblings, sipping on some Port and watching the evening news: The battle is raging in
Najaf.  The Shite Cleric Al Sadr whose militia we are battling, was injured.  He declared he wanted to be a martyr:  I think we should accommodate himand being the true humanitarians we are, we should send as many of his friends with him as possible.  After all, heaven must be full of lonely virgins.  Back to back hurricanes are barrelling through Florida:  one hit Ft Meyers, (the winter home of my parents).  They are worried but safe in Whittier, North Carolina.   They are calling for a 20' tidal surge:  I got news, all of Florida is only 5' above sea level. If you listen real carefully ...  that sucking sound you hear is not the distant sound of a hurricane  ...  it is the sucking sound made by the rear ends of insurance executives.  I think there may be another increase in malpractice premiums. 

After checking with Susan, this week I ordered white racing stripes and a racing header for
"Olga".  The stainless steel headers should give her 5 - 8 additional horsepower.  Susan is worried I'm going to kill myself testing "Olga's" limits.  If I do, I'll die grinning.  The thing I enjoy most about "Olga" is driving into the gas station:  she is averaging 36 miles per gallon.   Susan just looks at me, shakes her head and smiles when I walk in and say, "Lovee ... there is such a really good deal on eBay for [fill in the blank], would you mind if I bid"?  Makes me wonder how she puts up with me!!! Tonight as I drift off to sleep, I will say a special prayer for our troops locked in battle in Najaf, (Please, Please, Please, God ... let them be safe ... and let them come home soon ... especially Spc Thorpe) ... for you, our America ... and a "Thank You, God for letting Susan be a part of my life, the most important part ... Oh ... and please God ...let her continue to be patient with me and forgiving of my many shortcomings".   Be and sleep well knowing the best there is, is on watch so you can, (Please say a prayer/send good wishes, for their safe return).  If my post offends, I apologize, that is not my intend. As always ...

A Warm Brotherly Hug