To:
CC:
"Adin Falkoff"
Thank you for your note. I am glad to receive it; there aren't any
discussions with Ms. McAree scheduled to my knowledge, although she said she
would contact me or have someone contact me, which is quite open-ended.
Can you kindly get back to me as soon as possible? The co-existence on the
Internet of these erroneous, in fact libelous materials (please
evaluate) - and my active participation in professional fora online and
ff - is quite serious, as well as very painful to me and my family. I'll
let my husband know you've responded. He was co-plaintiff in the subject
suit and is also much concerned with the NLJ WebFile.
-----Original Message-----
From: Stephen Jacobs
To: 'L Misek-Falkoff'
Date: Thursday, September 30, 1999 2:59 PM
Subject: RE: Re Online National Law Journal Publication
>Dear Ms. Misek-Falkoff: I received your phone message. Pursuant to your
>e-mail, I was awaiting the conclusion of your discussions with Ms. McAree.
>
>-----Original Message-----
>From: L Misek-Falkoff [SMTP:include@worldnet.att.net]
>Sent: Friday, September 24, 1999 5:00 PM
>To: Stephen Jacobs
>Cc: Adin Falkoff; file
>Subject: Re Online National Law Journal Publication
>
>Stephen Jacobs, Esq.
>General Counsel
>American Lawyer Media
>( sjacobs@amlaw.com )
>
>Re: National Law Journal, Online:
>
>
>Dear Mr. Jacobs:
>
>Per my prior email message that I would write Friday (today), I did talk
>with Dee McAree of the NLJ Editorial staff . She said she would look into
>the matter. I hope to hear back from her soon.
>
>The subject Opinion (854 F.Supp. 215) --- was harsh enough in its analysis
>of Telecommuting, so noted elsewhere, without your publication reporting
>physical disability under a "mental" classification,
>(http://www.ljextra.com/practice/laboremployment/0224mental.html ).
>
>In reading the actual case, you will readily see that Trigeminal Neuralgia
>is an extremely painful
>physical disorder, not a mental disorder. Nor was suit brought under the
>Americans with Disabilities Act (ADA), but, rather, through the precursor
>Rehabilitation Act, a fact which bears quite contrastive implications.
>Furthermore, and in significant detail, the circumstances were not
>"Similarly" (lead word) related to the other situations as
>described in the Article.
>
>There are more faults in the publication.
>
>Sincerely,
>
>L.D. Misek-Falkoff, Ph.D., J.D..
>include@worldnet.att.net
>
>prefer business email at:
>misek-falkoff_l_d_phd_jd@law.com
>
-----------------------------------------------------
Adin Falkoff
79 Grandview Avenue, Pleasantville, NY 10570 Voice: (914) 769-3652 Fax: (914) 769-1436
October 12, 1999
Stephen Jacobs, Esq. By Certified Mail
General Counsel
American Lawyer Media
345 Park Avenue South <
New York, NY 10010
Re: National Law Journal Online Publication
Dear Mr. Jacobs,
The National Law Journal has published on its Internet facilities an article under the rubric "Employment and Labor Law" which grossly misrepresents the facts in a case in which my wife, Dr. Linda Misek-Falkoff , and myself were plaintiffs. The title of the article, which purports to analyze certain aspects of the ADA, is "Mental Illness Won't Excuse Bad Job Performance." It cites as an example to support its analysis "Misek-Falkoff v. IBM Corp." (854 F.Supp. 215; full title: "Linda D. Misek-Falkoff and Adin Falkoff v. International Business Machines Corporation"). This case was not brought under the ADA, which was in fact not available when the complaint was filed; there was no mention of mental illness in either the Complaint or the Opinion; and "bad job performance" was not an issue: the Opinion actually makes reference to better-than-satisfactory performance ratings. These are egregious errors which are extremely harmful to our family. Dr. Misek-Falkoff several months ago brought this matter to the attention of your editorial department, and more recently to yourself. It is urgent that your organization take steps to remove these errors from circulation. Every day — by the nature of online activities, every minute — there is the danger that another person or organization will view the erroneous material and come away with a wrong impression, influencing them to shun one or both of us in a business or social context. Please let us know promptly what actions you are planning to correct the matter and mitigate the harm.
Very truly yours,
Adin Falkoff
Cc: Dr. Linda Misek-Falkoff
***********************************
