Judge Rules in Favor of Alcor

Judge Rules in Favor of Alcor

Joined: April 30th, 2006, 1:38 am

March 2nd, 2010, 12:51 am #1

http://abcnews.go.com/Health/Wellness/c ... id=9978346

Clifford Wolff successfully argued, ...Colorado law is very clear -- all anatomical gifts must be spelled out in writing and must be canceled in writing. He insisted the company was battling with the Robbins family to preserve their mother's wishes, not to recoup any financial losses."

He follows that up by stating Alcor is not ruling out trying to have the $50K annuity reinstated.

Of course, the family is appealing.
Quote
Like
Share

Joined: October 6th, 2004, 6:46 pm

March 2nd, 2010, 3:52 am #2

I'd find it more acceptable if Alcor was truly after honoring her original wishes and just not the money...

I find Alcor's position odd when they can insist a member follow through when there is evidence they changed their mind, yet accept someone else where there is no contract, in fact, a preservation that goes against their written wishes.

I don't think you can have it both ways.
Quote
Like
Share

Joined: July 1st, 2007, 8:16 am

March 2nd, 2010, 6:43 am #3

http://abcnews.go.com/Health/Wellness/c ... id=9978346

Clifford Wolff successfully argued, ...Colorado law is very clear -- all anatomical gifts must be spelled out in writing and must be canceled in writing. He insisted the company was battling with the Robbins family to preserve their mother's wishes, not to recoup any financial losses."

He follows that up by stating Alcor is not ruling out trying to have the $50K annuity reinstated.

Of course, the family is appealing.
Alcor did win the case in the trial court. Assuming it wins also appeal(s), it gets the $50,000, instead of it going to the greedy relatives. That being said, it does mean absolutely nothing to Mary Robbins. According to the published reports, her body was not covered in ice during the first 24 hours after her death. While her head is currently covered in ice, it is still not frozen and in all likelihood will not be for the duration of appeals, which may take many months. It means her brain will be destroyed beyond repair.

Financially, at best, it will be a hollow victory for Alcor, because the trial phase and any subsequent appeals will cost Alcor substantial part, perhaps even the whole of the $50,000 insurance proceeds, or even more. In addition, it also results in another round of bad publicity and ridicule of Alcor in the press across the country.

Here is what David Pizer recently wrote on the subject:

Date: Sat, 27 Feb 2010 10:49:00 -0800 (PST)
From: david pizer <pizerdavid@yahoo.com>
Subject: Every cryonics suspension member counts!

What I do think needs to be looked at though is continuing to offer the neuro
option. In these times, with the cost of storing a whole body being just a
little more then the cost of storing a neuro, and most of the cost of doing
cryonics is in keeping the organization strong and doing the actual suspension
preparation (not the storage), I think it is time to look at doing away with the
neuro option.

Doing a neuro, not a whole body, is what causes so called bad publicity. Alcor
could grandfather in all existing neuro members and upgrade them to a whole body
for the existing amount of money they have arranged for and from now on only
offer whole body suspension. Many Alcor neuro members have enough funding in
place to pay for a whole body suspension already. This would eliminate the bad
publicity and make things much better for the cryonics movement.

David Pizer
- - - - - - - - - - - -

George

P.S. I notice that our resident heckler, under the moniker "FD", took advantage of this subject and launched another personal attack at another participant in this forum.

Quote
Like
Share

Joined: October 2nd, 2004, 8:27 pm

March 18th, 2010, 2:48 am #4

http://abcnews.go.com/Health/Wellness/c ... id=9978346

Clifford Wolff successfully argued, ...Colorado law is very clear -- all anatomical gifts must be spelled out in writing and must be canceled in writing. He insisted the company was battling with the Robbins family to preserve their mother's wishes, not to recoup any financial losses."

He follows that up by stating Alcor is not ruling out trying to have the $50K annuity reinstated.

Of course, the family is appealing.
http://www.alcornews.org/weblog/

Entry of March 17, 2010
Quote
Like
Share

Joined: June 10th, 2007, 4:26 am

March 18th, 2010, 3:25 am #5

Mr. Johnson probably still has not figured out why he's in such trouble. Well, it's because he's such a nice guy.

As for the Robbins case, it appears that Alcor has bought themselves one expensive patient, as they have big legal fees, a suspension obligation, and no money to pay for any of it. Which is exactly what they expected. A more Machiavellian organization, on realizing the family had successfully transferred the suspension funds to themselves, would have let the family cremate the body at their own expense, as they wanted to do, and quit.

But no, Alcor didn't do that. Its enemies are now left with arguing that, although Alcor's intent remains naked greed, somehow they're just too stupid to be effective at it.

Though strangely, this really dumb organization has managed to coordinate legal council well. Anybody who thinks you can can just buy good representation and just sit back and not do a thing, has never tried it.

S. Harris

Quote
Like
Share

Joined: July 1st, 2007, 8:16 am

March 18th, 2010, 1:06 pm #6

How many such "victories" can Alcor "management" suffer before they end up in a bankruptcy court? This cash strapped organization already had to borrow recently about $30,000 from its long term care fund reserve for immediate operating expenses. This litigious organization must be constantly in the court somewhere in USA with their contingent of lawyers. Plus, they still have hanging over their heads the potentially disastrous, or even liquidating legal cause, as a result of their Board of Directors illegally changing the bylaws and skipping the town in California. Quite a contrast from CI, which is doing OK without setting a foot in the courts.
Quote
Like
Share

Joined: October 2nd, 2004, 8:27 pm

March 18th, 2010, 4:39 pm #7

George said: "Plus, they still have hanging over their heads the potentially disastrous, or even liquidating legal cause, as a result of their Board of Directors illegally changing the bylaws and skipping the town in California."

I had not heard of such a lawsuit. Who brought it? What venue? The last activity such as this that I recall was apparently abandoned by David Pizer and friends of the "Reform Alcor" movement that fizzled out many moons ago (at least their website did).

My post is polite, George. I'd appreciate it if your reply would be the same.

Cheers,

FD
Quote
Like
Share

Joined: July 1st, 2007, 8:16 am

March 18th, 2010, 5:50 pm #8

George said: "...they still have hanging over their heads the potentially disastrous, or even liquidating legal cause, as a result of their Board of Directors illegally changing the bylaws and skipping the town in California."

FD replied: "I had not heard of such a lawsuit. Who brought it? What venue?..."

You are misrepresenting and creating your own strawman. I never said anything about a pending lawsuit. I said exactly the following: "they still have hanging over their heads the potentially disastrous, or even liquidating legal cause". There is a big difference, an obvious one, between the two. "Cause" is a ground for a legal action, "case" is a legal action, or a lawsuit. But apparently you already knew that.

As for your motives, I will say it politely: Based on your posting history, I firmly believe your motive is to anonymously destroy Melody's professional credibility, with the tacid reception of the moderator. Since you do it anonymously, it is not possible to establish your real motive for doing so.

Quote
Like
Share

Joined: April 26th, 2004, 6:22 pm

March 18th, 2010, 6:11 pm #9

You have been given probationary user status. From here on out, your posts will be moderated. I'll consider moving you back to registered user if you demonstrate an ability to post and respond in a civil manner.

FD, please don't make the mistake of thinking I'm taking your side in this little feud between you two. It is just that George has received multiple warnings in the past and, in this particular exchange, I don't feel his response was in any way called for.

--
The Cold Filter
A forum dedicated to reporting on and discussing cryonics and cryo related topics.
Quote
Like
Share

Joined: July 1st, 2007, 8:16 am

March 18th, 2010, 8:36 pm #10

"You have been given probationary user status. From here on out, your posts will be moderated."

Sorry, I will not post anything on Cold Filter until you restore my post that you removed today.
Cold filter is getting dominated by anonymous and aggressive non-cryonicists resisting any change in the status quo. Very few sighed-up cryo members still participate here, anyway.

George
Quote
Like
Share