ECP NetHappenings Memorial Day and remembering the past

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Remembering my great great great grandfather,
great great grandfather, great grandfather,
grandfather, my dad and all my grandmas who defended this country on Memorial Day.
All Defenders of liberty. All Legends

My Dad Jerome H. Ellis past President of the Philadelphia Trial Lawyers Association
SETTING PRECEDENT The Captain of the Ship Doctrine – Jerome H. Ellis, Philadelphia, for appellee
http://law.justia.com/cases/pennsylvania/superior-court/1978/255-pa-super-381-2.html
Case Law Yorston v. Pennell
Yorston v. Pennell, 397 Pa. 28, 153 A.2d 255 (1959). However, the master must have control not only over the agent but over the work and the performance thereof before liability can be extended to him. Collins v. Hand, 431 Pa. 378, 246 A.2d 398 (1968). And the determination of whether a resident was the servant of a senior surgeon is a factual issue to be determined by the trier of fact. Thomas v. Hutchinson, 442 Pa. 118, 275 A.2d 23 (1971).
Grubb v. Albert Einstein Medical Center, 387 A. 2d 480 – Pa: Superior Court 1978

Today I’m working on The Educational CyberPlayGround
http://edu-cyberpg.com
which has been going through some changes to keep up with the times, and found that some of my .pdfs made in 2001 were corrupted and are now blank. I need to go into my 2001 backups from 30 years ago and find them again to reclaim the info so we can all see it. My website has captured info since the the early early 90’s and stayed operational – so if you ever wonder how or why we got here in 2026 this we can see what happened on my site. http://edu-cyberpg.com

AI

“Asking the right question is the most powerful skill in the AI era. Joe Carlasare @JoeCarlasare” 

or maybe just owning all the companies like scumbag David Sacks!
David Sacks a private citizen killed AI regulations.

After living in the world with Adults who cared about the country and about the citizens who live here, we now have to suffer this breed of scumbag like David Sacks who could care less about what is right and what is good for the common wealth.

Ryan @bitstratford
The example I keep coming back to – there is not a single LLM that would have advised the early colonists to revolt against Britain. It would have told them that they’d be crushed, no chance, forget it.
The early patriots weren’t driven by probabilistic outcomes.
I wonder what pivotal moments we’ll miss because we’re relying on boring NPC probabilistic advice.

New York passes law requiring ads to disclose if AI actors are in it They’ve also banned deepfakes of deceased performers without their estate’s consent

BITCOIN

Compute scales overnight. Factories don’t.
US money supply growth is the fastest it’s been in 4 years.
Got Bitcoin?

Michael Saylor Interview
https://x.com/BitcoinNewsCom/status/2058531082278961205

Saifedean Ammous @saifedean
SAIFEDE : AMMOUS
THE BITCOIN STANDARD
The DECENTRALIZED ALTERNATIVE to CENTRAL BANKING
WILEY
• Jun 22
It seems some people are pirating early drafts of my book. Please only
pirate the final version! It’s much better and it’s easily available thanks to
Library Genesis:

NEW CONGRESSIONAL PUSH FOR THE US TO STOCKPILE 5% OF ALL BITCOIN
Republican lawmakers are pushing to get the new ARMA Act signed into law while their party still controls both parties of Congress.

TRUMP ERA OF CRIME PAYS

CITADEL SECURITIES FINED 1 MILLION FOR 42 BILLION IN CRIME
1 Million for 42 Billion in crime is not even a speeding ticket
Ken Griffin Citadel Securities is the biggest opponent against the Consolidated Audit Trail CAT WHY??
Because the CAT was designed to track all trading activities.
Which is a big problem when you Counterfeit the Stock Market.
FINRA fined Citadel 1 MILLION
back in October 2024 for failing to accurately report data for YEARS in the amount of 42 BILLION
Where did the fine go??
Into FINRA’S GENERAL FUND TO PAY SALARIES.
ORGANIZED CRIME SYNDICATE
Regulatory Reporting & Fines
Because Citadel Securities processes billions of equity and options order events daily, it has been a heavily scrutinized entity under the CAT mandate. TA ThinkAdvisor
• FINRA Penalties: In October 2024, FINRA fined Citadel Securities $1 million for failing to timely and accurately report order event data. The firm reportedly failed to accurately report data fields for approximately 42.2 billion order events spanning multiple years. © Steel Eye +1

“I Decompiled the White House’s New App”
https://thereallo.dev/blog/decompiling-the-white-house-app
White House App Found Tracking Users’ Exact Location Every 4.5 Minutes via Third-Party Server. The app requests access to precise user locations, biometric fingerprint scanners, and internal storage modification.
The official White House Android app has a cookie/paywall bypass injector, tracks your GPS every 4.5 minutes, and loads JavaScript from some guy’s GitHub Pages.
Under the Presidential Records Act (PRA), we are generally required to retain information until the end of the current Administration, at which time it will be transferred to the National Archives and Records Administration (NARA).
People who installed this deserve it.

FEAR MONGERING DON’T LISTEN TO HIM
The CEO of BlackRock, Larry Fink, says ordinary people’s savings accounts and pension funds, worth trillions of dollars will be used to build data centers and power grids for AI
He says that people will be forced to invest in it
“Much of this will come from savings accounts and pension accounts.”
Larry Fink, BlackRock: VIDEO
“Trillions are needed for AI infrastructure…”
Where will that money come from?
“From savings accounts and pension funds.”

God @TheTweetOfGod
I dislike most of you.

Officer Caroline Edwards was attacked by the insurrectionists on January 6th. They cracked her heac open, resulting in a permanent brain injury. For all those who support Trump’s pardons and say you “back the blue”. You don’t. You support fascism.

Johnny AGI @JohnnyAGI
They loved Marjorie Taylor Greene, now they hate her.
They loved Thomas Massie, now they hate him.
They loved Lauren Boebert, now they hate her.
They made fun of Biden for nodding off (“Sleepy Joe), now they ignore Trump outright falling asleep.
They put “I Did That” Biden stickers on high gas prices, now they ignore gas prices being even higher.
They bragged about Trump being the no wars President, now they support war.
They bashed Biden for sending money to Ukraine, now they ignore Trump sending money to both Ukraine and Israel.
They demanded the Epstein files, now they bash anyone asking for the Epstein files.
To be a MAGA is to be a slave. Not physically, but mentally.
They stand for nothing. We’re up against people who stand for nothing.
And with the most misplaced confidence you’ve ever seen, they try to tell us whats-what.
We shouldn’t even acknowledge these people.
The Trump supporters that remain are mentally too far gone.
I don’t even want to argue with them anymore.

▓▓▓—▓▓▓—▓▓▓

The Eviction Crisis

An Eviction Crisis

An eviction crisis would be more than a humanitarian and health concern, it could create economic worries, as well. Goldman says it expects a “small drag” on spending and job growth from people directly impacted, but the larger concern is public health, which could be more seriously impacted.

Goldman Sachs is hardly the only group raising a red flag on evictions. The Census Bureau estimates roughly 1.3 million people are likely to get evicted in the next two months. And the Center on Budget and Policy Priorities estimates there are 11.4 million Americans currently behind on rent, a figure that’s below the December 2020 peak, but still widespread.
https://fortune.com/2021/08/30/goldman-sachs-eviction-estimate/

Educational CyberPlayGround NetHappenings Newsletter 5-17-21

#Heroin’s Hidden Ingredient, Courtesy of a U.S. Company
https://www.youtube.com/watch?v=L0_DXMRQDOw
A $324 jug of acetic anhydride made in Mexico by an American company was enough to produce 90,000 hits of high-grade heroin. The drug cartels can’t get enough of it. #Radnor, PA #Avantor #Kensington, PA
Radnor-based Avantor closes its IPO, which grows to $3.33B with options exercised

Streets of Philadelphia, Kensington Ave Story, “Highlight” For the month of August 2021

Violent crime and drug abuse in Philadelphia as a whole is a major problem. The city’s violent crime rate is higher than the national average and other similarly sized metropolitan areas.1 Also alarming is Philadelphia’s drug overdose rate. The number of drug overdose deaths in the city increased by 50% from 2013 to 2015, with more than twice as many deaths from drug overdoses as deaths from homicides in 2015.2 A big part of Philadelphia’s problems stem from the crime rate and drug abuse in Kensington.

Lawyers can bring Class Action Suits for Health Care Data Breach Victims

Setting Precedent: The Captain of the Ship Doctrine

Lawyer Jerome H. Ellis Esq. brings Class Action Suit changed the way things get done in every hospital and doctors office in the country. Yes you are protected now because of his efforts.

Jerome H. Ellis Esq. Google Scholar

Jerome H. Ellis Esq. Former President of the Philadelphia Bar Association 1969 -70 a practicing attorney for 50 years. 2001 page 6 and 11

The Captain of the Ship Doctrine – Jerome H. Ellis, Philadelphia, for appellee
http://law.justia.com/cases/pennsylvania/superior-court/1978/255-pa-super-381-2.html

The Captain of the Ship Doctrine was originally set forth in McConnell v. Williams, 361 Pa. 355, 65 A.2d 243 (1949) and has agency considerations as its base. The essential question is whether one is subject to the control of another not only to the work to be done but also the manner of performing it. Furthermore, it has been consistently held that a physician may be simultaneously the agent of a hospital and another physician although the employment is not joint. Yorston v. Pennell, 397 Pa. 28, 153 A.2d 255 (1959). However, the master must have control not only over the agent but over the work and the performance thereof before liability can be extended to him. Collins v. Hand, 431 Pa. 378, 246 A.2d 398 (1968). And the determination of whether a resident was the servant of a senior surgeon is a factual issue to be determined by the trier of fact. Thomas v. Hutchinson, 442 Pa. 118, 275 A.2d 23 (1971).

Since hospitals no longer have the benefit of charitable immunity the ordinary rules of agency apply to those institutions. Flagiello v. Penna Hospital, 417 Pa. 486, 208 A.2d 193 (1965). In Tonsic v. Wagner, 458 Pa. 246, 329 A.2d 497 (1974), the court considered whether both a hospital and the attending surgeon could both be liable in tort.

“We conclude that agency law principles applicable to others should also apply to hospitals and operating surgeons. Hospitals, as well as operating surgeons, owe a *398 duty to the patient. If that duty is breached under circumstances from which a jury could reasonably conclude that the negligent party was at the same time the servant of two masters, both masters may be liable.”

This was the Precedent Setting Case Yorston v. Pennell, 397 Pa. 28, 153 A.2d 255 (1959)

The doctor gave a shot of penicillin to the patient who had already told the Doctor he was allergic to it. Dr. Pennell never bothered to read his file so didn’t know this info and gave it to him anyway.

Back at that time according to the INSURANCE COMPANIES
said the hospital had “charitable immunity” because in those days a hospital was considered a charity.

Mr. Ellis had to sue the VA  [sovereign immunity see above] for the right to sue the hospital.
IN THOSE DAYS VETERANS WERE NOT ALLOWED TO HIRE A LAWYER TO SUE HOSPITAL AND IT IS STILL TRUE TODAY !

[here is the work around]
Mr. Ellis DIDN’T TAKE ANY MONEY [HE WASN’T PAID] to bring the suit. THAT’S HOW HE GOT IT STARTED.

Even under this Pennsylvania rule, however, where the case involves a servant who is the general employee of a hospital but who is also the special employee of a surgeon for certain acts, only the surgeon  can be held liable in practice because the hospital is immune from suit, although in other states the charitable immunity doctrine has been repudiated or at least broken down.

Volume 7 | Issue 2 | Article 6  1961
Agency – Borrowed Servant Doctrine – Surgeon Is Responsible for the Pre-Operative Negligence of Anesthetist by Edwin W. Scott PDF

17. Yorston v. Pennell, 397 Pa. 28, 153 A.2d 255 (1959)

Yorston v. Pennell
397 Pa. 28, 153 A. 2d 255 – Pa: Supreme Court, 1959 – Google Scholar … 31 Philip H. Strubing, with him K. Robert Conrad, Wilbur H. Haines, Jr., and Pepper, Bodine, Frick, Scheetz & Hamilton, for appellant. Jerome H. Ellis, with him Leon Rosenfield, for appellee.
OPINION BY MR. JUSTICE McBRIDE, July 2, 1959: … Cited

Christopher v. United States
237 F. Supp. 787 – Dist. Court, ED Pennsylvania, 1965 – Google Scholar … Civ. A. No. 29556. United States District Court ED Pennsylvania. February 3, 1965. 788 789 Jerome H. Ellis, Philadelphia, Pa., for plaintiff. Drew JT O’Keefe, US Atty., Philadelphia, Pa., Isaac S. Garb, Asst. US Atty., for defendant. WOOD, District Judge. …
Cited

Rodgers v. Nationwide Mut. Ins. Co.
496 A. 2d 811, 344 Pa. Superior Ct. 311, 344 Pa. … – Pa: Supreme …, 1985 – Google Scholar … Supreme Court of Pennsylvania. Argued April 16, 1985. Filed August 2, 1985. 313 Jerome H. Ellis, Philadelphia, for appellants. Bruce W. McCullough, Philadelphia, for appellee. Before WICKERSHAM, BECK and CERCONE, JJ. WICKERSHAM, Judge: …
Cited

Markus v. Dillinger
191 F. Supp. 732 – Dist. Court, ED Pennsylvania, 1961 – Google Scholar … 733 734 Fox, Rothschild, O’Brien & Frankel, Philadelphia, Pa., for plaintiff. Jerome H. Ellis, Philadelphia, Pa., for defendant. VAN DUSEN, District Judge. Plaintiff’s action is based on a series of checks he issued to defendant’s order between January 8, 1957, and April 8, 1958. …
cited