I haven’t left the blogging world, but a number of other matters has been taking up time the past several months. A quick update for those of you who follow me more on the Japan-side expat issues, or ones that developed in that time.
1) Temple Japan continues to present itself as an unsubsidized stand-alone school, not one reliant on money from Philadelphia or my state’s treasury in Harrisburg. HOWEVER, it now looks like the school is using the $8 million (debt) in yen that was floated sometime after the 3/11 disaster as a fund to pay expenses. Once again, costs are removed off the income statement and appear as netted items on the main campuses’ balance sheet.
2) IBM case is now up in the U.S. Court of Appeals for the Second Circuit. I have been waiting since May 2012 to get relief on one point that I’ve been pressing since late 2008. Because the May 2012 decision wasn’t “final”, I had to be patient while the breach of contract and tort claims were challenged. Over the past nearly three years, I did not get a warm feeling from the judge that I would prevail, and she is known reputationally as someone who’s really still in the “AUSA” (assistant US Attorney) mode, which she had been as a career before being named by George W. Bush to the bench. This sense was confirmed when I had to be in White Plains for an appearance in February 2013, and heard other lawyers’ comments.
KYJ – know your judge! – as they repeated time and again in law school over twenty years ago. Unfortunately, the case had been reassigned to her, early on, from Loretta Preska, the Chief Judge, who is more employee-rights friendly.
It’s all de novo review, so let’s see who I get for the three judge panel.
[Update 11/27/13: Of course, I have also been meaning to say something about the interesting situation in the internet back-and-forth of Devlin and Lloyd. Not quite sure where that is at the moment, since the Devlin material keeps coming off and being put back on. Japan is truly a lawless vacuum for non-Japanese.]