Subject:
             Another Tobacco/Blues/Union Update: "a double-whammy, with two twists"
        Date:
             Wed, 22 Dec 1999 07:08:29 -0800
       From:
             "Robert B. Sklaroff, MD" <rsklaroff@home.com>
 Organization:
             @Home Network
 
 
 

Well, there's a lot to report, unfortunately, during these
vacation-prodrome days.  Yesterday was a day of extremes--filled with
disappointments and reassurances--and there is a certain temptation to
adopt a sense of resignation...but I won't!

TOBACCO--"Whammy #1"

I made the front-page of the Inky, but the information was not to my
liking--

http://www.phillynews.com/inquirer/99/Dec/22/front_page/TOBA22.htm

--although the first line is misleading--

"The last hurdle in Pennsylvania's settlement with the tobacco industry
has been knocked down, and the state could receive a check for roughly
$266 million in the next few weeks."

--in light of the fourth-to-the-last line--

"He could appeal to the U.S. Supreme Court, although he would need help
for that."

--noting the following excerpt from The Federal Rules of Civil Procedure
[Part IX, Title 28, Judiciary and Judicial Procedure--Selected
Provisions, subsection 1257.]--

"State Courts; certiorari:  Final judgments or decrees rendered by the
highest court of a State in which a decision could be had, may be
reviewed b the Supreme Court by writ of certiorari. . .where any title,
right, privilege, or immunity is specially set up or claimed under the
Constitution or the treaties or statutes of, or any commission held or
authority exercised under, the United States."

I was also interviewed by the Associated Press and by the Harrisburg
Patriot-News; their stories will be provided after I have received them
electronically.  [Anyone who has access to the AP is invited to assist
me in that effort.]  I commented on the problems I have with the AG's
lack of enforcement (resulting in my new litigation) citing, in addition
to the billboard- and print-advertising, the Virginia Slims marketing
campaign [all courtesy of Philip Morris].  And I directed the listeners
to my web-site for a discussion of why the monies mustn't be diverted.
Inasmuch as they had been pre-educated, the comments (also provided to
WWDB) were terse.

More pungent perspectives are available to all available editorial
writers, lawyers, and "true" activists...for assistance is sorely
needed.  I've been able to maintain a workmanlike posture for a year,
now, but I simply don't have the ability to marshall Constitutional
arguments.

My ultimate amazement is that this entire process [the largest
settlement of private civil litiation in American history] threatens to
have traversed multiple courts from multiple perspectives without having
led to any modicum of scrutiny of the Master Settlement Agreement.  I've
maximized all my available resources, I still await any input from
anywhere that identifies any flaw in my filings, and I wonder if anyone
cares that Big Tobacco is on the verge of receiving blank-check immunity
for future misdeeds (while setting a dangerous precedent for other
industries that don't as-routinely kill their customers).

*

TOBACCO--"Whammy #2"

It may be recalled that the lawyer for the tobacco industry pulled a
fast-one last Thursday (FAX'ing a pejorative letter to Judge Herron that
was mailed to me) and I thought I'd dodged the bullet.  I hadn't.

Despite the fact that the matter had been pending for three weeks, he
happened to have decided on Thursday to reject my motion, the very same
day he got the false letter from PM's lawyer.

I uploaded ["published"] this letter [which I typed myself] to my
web-site two hours ago, but it still hasn't appeared.  So, if anyone
wants to read how the dirty-deed was done, go to my home-page and
hyperlink to it, later in the day.  The web-address follows:

http://sklaroff.globalink.org/globalink-billboards-CommonPleas-ApologyLetter.html

So, now I'm in Commonwealth Court, on both the Wawa Appeal and the new
action against the AG.

To quote Doris Day, circa 1956:  "que sera sera"

*

BLUES--"Twist #1"

FAX'ed today from the Presiding Officer was, to me, quite a comforting
letter.  Although we can't communicate via e-mail for legal reasons
(and, thus, I'm not going to be able to place a lot of primary
information onto my web-site (for independent review), I'm still going
to ask the parties to send me their submissions electronically.
Otherwise, the news was positive.

Regarding the standing issue, he wrote:  "While PSIM and Dr. Sklaroff
were admitted collectively, no party has questioned Dr. Sklaroff's
individual standing.  Paragraph 19 was not meant to question Dr.
Sklaroff's standing or prior contributions with PSIM.  Rather, I needed
to know Dr. Sklaroff's intentions in order to continue aggressive yet
fair scheduling and resolution of the outstanding complex issues.

"I recognize the difficulties in obtaining capable counsel at this time
of year and in these particular proceedings.  However, since Dr.
Sklaroff has not requested a stay of the proceedings to obtain counsel,
scheduling will not be affected by his expressed intent to obtain
counsel.  Also, his expressed desire to actively participate and his
nonreceipt of service of prior documents is expected to have minor
impact on the aggressive schedule over the next two months.  The parties
should verify that Dr. Sklaroff has been served with all documents filed
since Judge Spaeth's order and correct and omissions.

"We will continue to receive and docket the filings by Dr. Sklaroff,
even if they are not in the format used by attorneys in a formal
administrative proceeding, with the understanding that a "critique of
information filed by the other parties," even though well-articulated in
letter format, may not have the effect of a responsive pleading to the
pending motions. . . ."

[no problem!]

And regarding my query regarding IBC's monopoly/monopsony due to its
acquisition of KHP-East, he wrote:  "I do not intend to respond tot he
request for a mechanism to invite involvement of Independence Blue Cross
in these proceedings.  The facts surrounding Keystone Health Plan East
may or may not have relevance in these proceedings.  If the facts are
relevant, they may be considered by the Commissioner in any ultimate
disposition even without active participation by IBC in these
proceedings. . . ."

[no problem!]

UNION--"Twist #2"

The certification of the paper-ballots will be held on Monday (while I'm
at Disneyworld with my son Michael...plus nuclear family, the first
"vacation" in years...I need it).  As a result, I scrambled to acquire a
set of new signatures (adding a physician who hadn't initially signed)
to accommodate the simplified circumstances, inasmuch as an election
won't be needed.  We will soon have, in PA, the only physician union in
a non-government hospital...and I hope the importance of
physician-empowerment will soon impinge upon the consciousness of others
in my profession.

*

Anyone who has gotten to the bottom of this memo is now invited to read,
in the classic words of conservative commentator Paul Harvey, "The Rest
of The Story," although it's difficult to emulate his characteristic
chuckle during my "mourning" period.

Three decades ago, Elisabeth Kubler-Ross [umlaut over the "u"], in her
book "On Death and Dying," suggested a few psychological stages occur in
sequence (shock, denial, anger, bargaining, depression,
acceptance...with an underlying veneer of hope).  I have always
articulated two critiques, here, in that (1)--these responses are often
simultaneous and rarely sequential; and (2)--these emotions are
associated with life's traumas, generically.

Thus, the reader who has merely, knowingly, been "holding my coat" is
advised not to bother calling with condolences until/unless he/she has
constructive suggestions as to what should next transpire.  I believe
that my having adopted this posture covers just about all the above
concepts in one sentence.