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082005 - / Rupert Murdoch, NewsCorp. Chairman / Front Cover Vol 49-POW66 /
108 Rupert Murdoch's News Corp.'s Net Income Soars on DVD Sales
NEWS Convergence - 08th Week of 082005
NEWS Convergence - 07th Week of 072005
NEWS Convergence - 06th Week of 062005
TODAY'S PUZZLES - News events that will effect the 08th week of February 2005
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Feature Stories - 082005-08 / Week tviNews Convergence

• • (Los Angles, Ca)&emdash;On February 16, 2005, Judge Warren Ettinger, Los Angeles Superior Court, ruled in the case of Dee v PCS, that Dr. Juan Manuel Gutierrez, Ph.D., a Board Certified neuropsychologist, may offer his expert opinion that Plaintiffs exposure to toxic mold was the cause of a Plaintiff's permanent brain injury.
• • Miss Darcee Dee, the plaintiff, was a former resident of Mammoth Park Towers in Sherman Oaks, California, owned by PCS Property Management LLP., whose principle is a telecommunications magnate, Joe Fryzer. She offered writen proof that defendants, falsely advertised their real estate as, "Luxury Apartment Homes, Completely Renovated" -- has filed for damages in a suit in Los Angeles Superior Court.
• • Westlake Village, California Attorney Scott B. Whitenack, Esq. is the popular published trial lawyer on the issues of RE Broker Frauds.
• • Mr. Whitenack states that his client contends -- "she never got to enjoy the "better living, better life" as represented by PCS. Instead, he contended, what she got was permanent brain injuries from her exposure to toxic mold while residing at the "Luxury Mammoth Pak Towers."
• • The defendants PCS Property Management LLP and 8611 Venice Blvd. Corp are either owned directly or indirectly by another LLP -- whose principle is, Joe Fryzer. The defendants own and manage 40 other high end luxury apartment buildings in Beverly Hills and Los Angeles, promoted with the motto: "We don't just say it, we mean it. Better Living Better Life".
• • Plaintiff attorney, Scott B. Whitenack, said the evidence proves that PCS failed to move Ms. Dee from the apartment even after PCS was told to do so by their own Vice President. It also proves that the ultimate decision to leave Ms. Dee unaware and in a dangerously contaminated environment was made by Paul Jennings.
• • Mr. Jennings is the co-owner and COO of PCS and affiliated entities. Mr. Whitenack went on to state that Ms. Dee was seeking punitive damages to punish the defendants for willful misconduct, in addition to her claim for personal injury. The total amount of the claim is over $6,000,000.00. In a precedent-setting decision, Mr. Whitenack stated that an important victory was won (for all US citizens) by the Court's ruling that Dr. Gutierrez, Ph.D. was qualified as an expert to testify that the cause of Ms. Dee's brain injury stemmed from her exposure to toxic mold.
• • PCS Corp. has admitted that toxic mold was found in Ms. Dee's apartment.** PCS employee, Karen Mackie-Thaler, then ordered the maintenance supervisor to open the walls for "Destructive Testing" while Ms. Dee was still living in the apartment. The notorious Stachybotrys specie and other toxic molds harmful to Ms. Dee's health were found to be rampant. Equally disturbing, PCS and Karen Mackie-Thaler represented to Ms. Dee that the May 14, 2001 mold tests were inconclusive and further testing was needed. In reality, PCS and Karen Mackie-Thaler intentionally concealed from Ms. Dee the findings of Stachybotrys and other toxic molds at the subject property and never bothered to establish whether the destructive testing would be harmful to Ms. Dee's health. There is also proof that PCS and Karen Mackie-Thaler concealed from Ms. Dee further destructive testing was scheduled for June 1, 2001.
• • "During preliminary motions by insurance defense firms, they seek to deny the opinions of Plaintiffs' expert witnesses, thus preventing any testimony by the experts as to causation. The purpose of this maneuver is to defeat claims and reduce the amount of monies insurance companies have to pay, " said Mr. Whitenack." In my experience with mold cases, I have found that the defense expert's witnesses base their opinions on medical studies or position papers prepared or sponsored by quasi insurance defense funded organizations, that have intentionally failed to include a cross-section of the hundreds -- if not thousands -- of medical studies that support the complete opposite conclusions."
• • Prior to this case, showing a direct causal connection between the exposure to toxic mold and the resultant injuries of victims has been a sticking point in numerous past cases. For those affected, the tangled web of claims procedures can be a nightmare in itself. Plaintiffs are required to submit to the "independent medical exam (IME)" performed by the physician of the defendant's choice. This is true in both personal injury and workman compensation claim proceedings. Plaintiffs are then faced with the one sided, predetermined opinion: that their injuries were not caused by exposure to the mold. Independent analysts have noted that the position of the defense hinge almost exclusively on the findings of two studies: The Institute Of Medicine's, "Damp Indoor Spaces and Health" dated May 25, 2004 (IOM report) or the American College of Occupational and Environmental Medicine Position Paper released in 2002, (ACOEM report) or both.
• • The IOM report recently came under fire in an earlier Press Release of January 27, 2005, entitled "Surgeon General's Office Issues Conflicting Message on "Toxic Mold". The (IOM Report) "failed to convey that the study was only charged to investigate allergic and non-infectious respiratory symptoms of fungal exposure, and that their findings never included examination of other serious symptoms." The (IOM) study was sponsored at the request of the CDC after much public debate on the issue. The study was widely quoted in the popular press and has since been used in defense litigation in a case in Arizona where a woman was reported to have experienced severe injuries from mold exposure in a Phoenix apartment.
• • Mr. Whitenack further said that Dr. Gary Ordog, M.D. will testify on February 22, 2005 at 9 a.m. in Department "19" of the downtown Los Angeles Superior Court. The court will determine at the request of the defense, if Dr. Ordog will qualify as an expert toxicologist and if he will be permitted to testify at time of trial. Dr. Ordog is the medical director of the only independent Medical Toxicology program in California. His office of Medical Toxicology currently sees more patients than any other in the country with the diagnosis of toxicity. He is currently the only facility in the county -- other than the military -- that offers a full diagnostic and treatment facility for those suffering from mold exposure. Dr. Ordog has recently come under much attack from the insurance defense industry, as he is one of several in the country that have been permitted to testify at hearings or in trials as to toxic mold claims.
• • Mr. Whitenack finally stated that the insurance defense firms in this case would follow their same plan and scheme, and call their retained expert, Dr. Marion Fedoruk, M.D. on February 24. Dr. Fedoruk is expected to testify consistent with his declaration -- that Plaintiff's injuries were not caused by the exposure of toxic mold -- again basing his opinions on the 2 controversial reports: (IOM report) and (ACOEM report).
• • The 20-30 day jury trial is set to start on February 28, 2005 with the selection of jurors.
• • For More Information, Contact:
• • Scott B. Whitenack, Esq.
• • Law Offices of Scott B. Whitenack
• • 1014 S. Westlake Blvd. #14-104
• • Westlake Village, Ca 91361
• • (805) 495-6818 or (805) 768-1086
• • Fax (805) 768-1355
• • E-mail: scottw@smartlegaladvice.com
• • Or e-mail: scottesq@adelphia.net
• • Web: www.smartlegaladvice.com <http://www.smartlegaladvice.com/>
• • Edited By:
• • Jonathan Lee Wright
• • Jonathan1@amingo.net
• • And Sharon Kramer SNK1955@aol.com

• • ------------------------------------------------------------------------


Center Page / Feature

Top Stories To Start The Week With:

Rupert Murdoch's News Corp.'s Net Income Soars on DVD Sales

• •
 Rupert Murdoch, during a conference call with investors, News Corp. Chairman Rupert Murdoch said he expected to reach an agreement within nine months that would reduce Liberty Media Corp.'s 18% voting stake to a level less threatening to his family's control. Murdoch and his family own about 30% of News Corp.
• •
 "We haven't had any substantial talks yet," Murdoch said.
• •
 The company's cable channels also boost profit despite wider operating losses at its Fox television network.
• •
 Despite the poor performance of its Fox television network last fall, News Corp.'s quarterly profit rose 80% on strong DVD sales and continuing strength of cable channels such as Fox News Channel.
• •
 The company reported Wednesday that its net income rose to $386 million during its fiscal second quarter, which ended Dec. 31, or 13 cents a share -- up from $215 million, or 8 cents, in the same period a year ago. Revenue was up 18% to $6.56 billion.
• •
 The company projected that operating profit for fiscal 2005 would increase by as much as 20%, up from a previous growth forecast that was in the mid- to high teens.
• •
 News Corp.'s biggest weaknesses during the quarter were the Fox television network and Sky Italia, its Italian satellite TV service. Operating losses at Sky Italia rose to $105 million, from $104 million a year earlier.
• •
 At the Fox TV network, operating losses widened by $26 million to $153 million for the quarter, as programming costs increased, prime-time ratings fell and local advertising sales at its TV stations were weak. News Corp. executives blamed the network's continuing problem on disruption of its fall prime-time launch caused by its airing of professional baseball games.
• •
 Yet News Corp. President Peter Chernin predicted that Fox would end the season in a battle with CBS for first place in the ratings for young adults because of the continued dominance of returning shows such as "American Idol" and "24," and the promise of new programs such as "House."
• •
 On a brighter note, News Corp.'s film division was the quarter's star performer. Home video sales doubled in the period to $1.2 billion from a year earlier, giving News Corp. the highest profit margins in the film business, at 20%, analysts said.
• •
 Twentieth Century Fox Television posted strong DVD sales for "The Simpsons," "24" and "Family Guy," along with various library titles.
• •
 A strong roster of summer releases, such as "The Day After Tomorrow," as well as the DVD sales of catalog and TV titles and the "Star Wars" trilogy, led to a year-end payday in home video, Chernin said.
• •
 He said the margins could be sustained because of the studio's "focus on profitability over market share," and its success with lower-budget titles such as "Sideways," which was recently nominated for five Academy Awards, including best picture.
• •
 Cable programming also contributed to News Corp.'s strong quarter. Operating profit at the unit, which includes the FX, Fox News and National Geographic channels, rose 46% to $227 million.
• •
 News Corp. shares rose 5 cents to $17.67 on the New York Stock Exchange.

Powell to Resign as FCC Chairman / 0505e
Verizon Relies OnWireless For Profits / 0505d
Is Google Going Into theWeb Browser Business, ala Explorer? / 0505b
Mark Soval of VRA TelePlay Pictures says the Yahoo Move to Hollywood is a must. / 0505c
Copyright Protection / The U.S. is a party to international treaties that prohibit copyright renewal requirements.
• •
YES90 / "Let a Thousand Googles Bloom," LATimes Commentary, Jan 12 2005: Lawrence Lessig may be right that requiring periodic copyright renewal would make it easier to determine what works are protected, but he ignores one major reason we eliminated copyright renewals in the first place.
• •
The U.S. is a party to international treaties that prohibit copyright renewal requirements. We agreed to these treaties and eliminated our copyright renewal requirement after suffering many years of uncertain protection of American works in foreign countries.
• •
At a time when the export of intellectual property is a significant portion of our economy, the U.S. needs to exercise caution before abrogating treaties that protect the works of its authors.


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