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Fatal Venous Thromboembolism Associated with Different Combined Oral Contraceptives
- Dr Karin Hedenmalm,
- Eva Samuelsson
- … show all 2 hide
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Background: Fatal venous thromboembolism (VTE) is a rare complication of combined oral contraceptive (COC) treatment. This study aims to determine incidences of fatal VTE in relation to the type of COC and the percentage of cases reported to the Swedish Adverse Drug Reactions Advisory Committee (SADRAC). A further aim is to compare the characteristics of reported and not reported cases.
Methods: This retrospective study is a separate analysis using data from a larger study that included women aged 15–44 years between 1990 and 1999 with VTE coded as the underlying or contributory cause of death in the Swedish Cause of Death Register. COC use within 2 months of the date of symptom onset or death was identified in 28 cases. Sales data were obtained from the National Corporation of Swedish Pharmacies. Reported cases were identified in the SADRAC database.
Results: After excluding two cases where the type of COC was unknown, the crude incidences of fatal VTE were 5.1 (95% CI 2.3, 9.6), 8.6 (95% CI 4.3, 15.4) and 9.1 (95% CI 3.3, 19.8) cases per million women per year for levonorgestrel-, desogestrel- and norethisterone-containing COCs, respectively. Age-adjusted incidences were approximately twice as high for desogestrel- and norethisterone-containing COCs compared with levonorgestrel-containing COCs, although differences were not statistically significant. Thirty-six percent of cases were reported. Reporting was positively associated with information in medical records relevant to the VTE diagnosis that the patient was a COC user and was significantly higher in northern Sweden.
Conclusion: Results from this study support a higher incidence of fatal VTE with desogestrel-containing COCs than with levonorgestrel-containing COCs.
- Rosendaal FR. Venous thrombosis: a multicausal disease. Lancet 1999; 353(9159): 1167–73 CrossRef
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- Baglin T. Is smoking a risk factor for venous thromboembolism? Thromb Haemost 2002; 88: 881–2
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- World Health Organization Collaborative Study of Cardiovascular Disease and Steroid Hormone Contraception. Venous thromboembolic disease and combined oral contraceptives: results of international multicentre case-control study. Lancet 1995; 346 (8990): 1575–82
- Parkin L, Skegg DC, Wilson M, et al. Oral contraceptives and fatal pulmonary embolism. Lancet 2000; 355(9221): 2133–4 CrossRef
- Jick H, Jick SS, Gurewich V, et al. Risk of idiopathic cardiovascular death and nonfatal venous thromboembolism in women using oral contraceptives with differing progestagen components. Lancet 1995; 346(8990): 1589–93 CrossRef
- Farmer RD, Lawrenson RA, Todd JC, et al. A comparison of the risks of venous thromboembolic disease in association with different combined oral contraceptives. Br J Clin Pharmacol 2000; 49(6): 580–90 CrossRef
- Nightingale AL, Lawrenson RA, Simpson EL, et al. The effects of age, body mass index, smoking and general health on the risk of venous thromboembolism in users of combined oral contraceptives. Eur J Contracept Reprod Health Care 2000; 5: 265–74 CrossRef
- Samuelsson E, Hagg S. Incidence of venous thromboembolism in young Swedish women and possibly preventable cases among combined oral contraceptive users. Acta Obstet Gynecol Scand 2004; 83: 674–81
- Jick H, Kaye JA, Vasilakis-Scaramozza C, et al. Risk of venous thromboembolism among users of third generation oral contraceptives compared with users of oral contraceptives with levonorgestrel before and after 1995: cohort and case control analysis. BMJ 2000; 321: 1190–5 CrossRef
- Farmer RD, Lawrenson RA, Thompson CR, et al. Population-based study of risk of venous thromboembolism associated with various oral contraceptives. Lancet 1997; 349: 83–8 CrossRef
- Hedenmalm K, Samuelsson E, Spigset O. Pulmonary embolism associated with combined oral contraceptives: reporting incidences and potential risk factors for a fatal outcome. Acta Obstet Gynecol Scand 2004; 83: 576–85
- Samuelsson E, Hedenmalm K, Persson I. Mortality from venous thromboembolism in young Swedish women and its relation to pregnancy and use of oral contraceptives: an approach to specifying rates. Eur J Epidemiol 2005; 20(6): 509–16 CrossRef
- Fotherby K. A metabolic assessment of different oral contraceptives. J Obstet Gynaecol 1983; 3: S77–82 CrossRef
- Kemmeren JM, Algra A, Grobbee DE. Third generation oral contraceptives and risk of venous thrombosis: meta-analysis. BMJ 2001; 323: 119–20 CrossRef
- Alhenc-Gelas M, Plu-Bureau G, Guillonneau S, et al. Impact of progestagens on activated protein C (APC) resistance among users of oral contraceptives. J Thromb Haemost 2004; 2: 1594–600 CrossRef
- Van Rooijen M, Silveira A, Hamsten A, et al. Sex hormonebinding globulin: a surrogate marker for the prothrombotic effects of combined oral contraceptives. Am J Obstet Gynecol 2004; 190: 332–7 CrossRef
- Odlind V, Milsom I, Persson I, et al. Can changes in sex hormone binding globulin predict the risk of venous thromboembolism with combined oral contraceptive pills? A discussion based on recent recommendations from the European agency for evaluation of medicinal products regarding third generation oral contraceptive pills. Acta Obstet Gynecol Scand 2002; 81: 482–90
- Samuelsson E, Hägg S, Bäckstrom M, et al. Thrombosis caused by oral contraceptives: underreporting to the adverse effects registry [in Swedish]. Läkartidningen 1996; 93(37): 3117–24
- Skjeldestad FE, Amundsen T, Høibraaten E. Reporting of adverse drug reactions to the Norwegian Drug Control Agency [in Norwegian]. Tidsskr Nor Laegeforen 2000; 120(3): 336–8
- Moride Y, Haramburu F, Requejo AA, et al. Under-reporting of adverse drug reactions in general practice. Br J Clin Pharmacol 1997; 43(2): 177–81 CrossRef
- Alvarez-Requejo A, Carvajal A, Begaud B, et al. Under-reporting of adverse drug reactions: estimate based on a spontaneous reporting scheme and a sentinel system. Eur J Clin Pharmacol 1998; 54(6): 483–8 CrossRef
- Belton KJ. Attitude survey of adverse drug-reaction reporting by health care professionals across the European Union. The European Pharmacovigilance Research Group. Eur J Clin Pharmacol 1997; 52(6): 423–7 CrossRef
- Inman WHW, Weber JCP. The United Kingdom. In: Inman WHW, editor. Monitoring for drug safety. 2nd ed. Lancaster: MTP Press Ltd, 1986: 13–48
- Bäckstrom M, Mjörndal T, Dahlqvist R, et al. Attitudes to reporting adverse drug reactions in northern Sweden. Eur J Clin Pharmacol 2000; 56 (9–10): 729–32
- Ekbom Y, Hedenmalm K, Dalin L, et al. Reporting of sideeffects: a system in need of improvement. Reporting of a physician questionnaire [in Swedish]. Lakartidningen 2002; 99(34): 3290–5
- Bäckstrom M, Dahlqvist R, Mjörndal T, et al. A regional center for reporting adverse drug reactions in Umea: prompt handling results in quick feedback [in Swedish]. Lakartidningen 1995; 92(3): 148–50
- Title
- Fatal Venous Thromboembolism Associated with Different Combined Oral Contraceptives
- Journal
Drug Safety
Volume 28, Issue 10 , pp 907-916
- Cover Date
- 2005-10-01
- 10.2165/00002018-200528100-00007
- Print ISSN
- 0114-5916
- Online ISSN
- 1179-1942
- Publisher
- Springer International Publishing
- Additional Links
- Topics
- Industry Sectors
- Authors
- Dr Karin Hedenmalm (1) (2)
- Eva Samuelsson (3)
- Author Affiliations
- 1. Pharmacovigilance Unit and Clinical Trial Unit, Medical Products Agency, Box 26, Uppsala, 751 03, Sweden
- 2. Department of Medical Sciences, Clinical Pharmacology, Uppsala University, Uppsala, Sweden
- 3. Department of Public Health and Clinical Medicine, Family Medicine, Umeå University, Umeå, Sweden


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Entrepreneurship, Economic Conditions, And The Great Recession
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Executive Summary
The "Great Recession" resulted in many business closings and foreclosures, but what effect did it have on business formation? On the one hand, recessions decrease potential business income and wealth, but on the other hand they restrict opportunities in the wage/salary sector leaving the net effect on entrepreneurship ambiguous. The most up-to-date microdata available - the 1996 to 2009 Current Population Survey (CPS) - are used to conduct a detailed analysis of the determinants of entrepreneurship at the individual level to shed light on this question. Regression estimates indicate that local labor market conditions are a major determinant of entrepreneurship.
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Android Conversions Higher Than iPhone
"If we look back to January 2012, traffic through Android made up 30.56% and sales was slightly lower at 28.45%. By November, these figures had increased to 36.37% and 38.47% respectively. As well as being indicative of the share of Android sales increasing, it also highlights that Android conversion rates have been improving at a greater rate. We are now seeing Android convert at 2.57% while the iPhone is slightly lower at 2.35%."
The article reflects what I have been saying for a while now. Android is growing rapidly and the type of user is evolving such that tomorrow's market will probably be very different to yesterday's. Your mobile strategy might need to adapt accordingly.


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Me and My Personal Statement – Guest Post
Looking back at the past, one of my dreams when I was a tenth-grader was to enter a prestigious college in the country and study medicine. Back then, my choices were Cambridge, Oxford and Imperial College. I'm now a student at a good medical school, although it might not be as great as the schools of my dream.
There was a time when I thought I could not enter a good college because of my grades. I'm a good student, but there were
occurrences that caused me to lower my guards and to become lax in my studies.
But why am I now a medical student?
The main reason why I am now studying a medical course is because I was able to convince the people manning the admission committee of my chosen university that I am suited to become a doctor.
How? Just through my personal statement. When I submitted my application to the UCAS, prime agency in charge of admissions in the UK, I made sure that I included a very convincing and emotion-moving personal statement. It was my only chance to prove that I am suited to become a medical student!
Well, I did focus all my personal feelings into my personal statement. That was the only way that I could justify my grades in high
school and persuade the university to accept me. Of course, I have to support my statement with facts. I also focused on parading my skills and strengths, on how I could use them to succeed in this course. I also outlined my hobbies and interests that show the attitude that I could use to spring myself to success.
I think those were the secret why I'm now a medical student. I would not mind if you pattern your statement after mine!
Additional Posts:
5 Tips to Writing an MFA Personal Statement.
2 Comments
Are you a veteran? I'm an Airforce veteran that has an idea of what the content of my personal statment should be i plan to attend UCLA in the Fall of 2013. Should use the 1000 word rule or short concise 250 for both Questions
Ya, I was in the Army, six years.
It depends what time of program you're trying to get into. If it's a writing program go for the 1000 words, but for business or anything else, go for short and concise. As long as you get everything you need to say done, work count isn't too important (unless there is a certain word county you need to meet).
here's another post that might help: http://masscasualties.com/2012/02/five-tips-to-writing-an-mfa-personal-statement/


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ST. PAUL, Minn. -- The night before Joaquin Rosales took a Minnesota firefighter certification test, he completed his last-minute studying by 4-year-old Lucie Byron's bedside at the hospital. It was just after she'd been diagnosed with leukemia.
"The instructor told me, 'With everything you have going on, maybe you want to consider taking the test at a later date,' " Rosales said this week. "He said, 'You might not pass with what you have going on.' "


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Funding the Future
News & Events
President Dana Mohler-Faria has announced a large gift from Bruce and Patricia Bartlett:
I am very excited to share some wonderful and historic news with the campus. Two of our most distinguished alumni, Mr. Bruce Bartlett, '68, and Mrs. Patricia (Quinn) Bartlett, '67, have made a $3-million donation to the University in support of student scholarships. This is the largest single gift in the history of the institution and follows a $2-million donation the couple made in 2012.


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Emily and Jim are planning their spring wedding. They've found the perfect site—an historic mansion with lovely grounds that will be in full bloom. They are pleased that their guests can stay in one place for both the wedding and the reception. But there's one problem: Emily, who was baptized and raised Catholic, would like to marry in a Catholic ceremony. She wants to know how she can find a Catholic priest or deacon who will officiate at the wedding.
Many couples like Emily and Jim are surprised, and sometimes disappointed, to find out that the Catholic Church normally requires weddings to take place in a Catholic church. Paulist Father Larry Rice explains the reason:
"The Church expects that a wedding, being a solemn and sacramental event, should occur in a church—in sacred space…We Catholics take this notion of sacred space very seriously. That's why being inside a church feels different from being somewhere else. An atmosphere of peace, reverence and respect is important to us, so that all will feel welcome, and so that a sense of God's loving presence permeates the place. We believe that weddings are sacred moments, which should ordinarily happen in the place where the bride or groom worships, with their families and their faith community. A church isn't just a set or backdrop for a wedding; rather, a wedding is an expression of a faith community's joys and hopes."
A couple who wants to hold their wedding in a place other than a church needs to obtain permission from the local bishop. Such permission is usually given only for serious reasons. Moreover, without such permission a Catholic priest or deacon who wants to remain in good standing cannot officiate at such a wedding.


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Philanthropy < Back
For over 60 years, Girl Scouts of the USA's Public Policy and Advocacy Office has worked across party lines with Congress and the Executive Branch to educate and raise awareness of the issues important to girls and young women. Through their advocacy efforts, they inform and educate key representatives of the government's legislative and executive branches about issues important to girls and Girl Scouting and help demonstrate to policymakers that Girl Scouts is a resource and an authority on issues affecting girls. In Girl Scouts, girls discover the fun, friendship, and power of girls together. Through a myriad of enriching experiences, such as extraordinary field trips, sports skill-building clinics, community service projects, cultural exchanges, and environmental stewardships, girls grow courageous and strong. Girl Scouting helps girls develop their full individual potential; relate to others with increasing understanding, skill, and respect; develop values to guide their actions and provide the foundation for sound decision-making; and contribute to the improvement of society through their abilities, leadership skills, and cooperation with others. |


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Persnickety AW14 Collection Shoot 3
Children Fashion Photography
fashion photographer
For me there is nothing like a field… as far as photography goes, it's my all time favorite scene. A white field can add such an amazing feel to your photos, I just love the vibe. The weather was perfect, the models were the cutest thing ever, it all just fell into place. This was the 3rd shoot for Persnickety's AW14 Collection. We actually split the shoots up into 2 phases this time while samples were getting finished up, so the next shoots (after this) were taken a month later (last November)… will show those as soon as Persnickety releases them! :)


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Back is the last thing we think of until we have an issue. I am no stranger to backup solutions. I have designed many enterprise level array to array based solutions in my time, but to back up the 4 / 5 web sites that i host doesn't require anything like this level of complexity.
Now I run my services on AWS using and Ubuntu Image. This is (no one will be surprised) is wordpress so back needs to encompass both the htdocs (really only wp-content but its quicker to restore if you just have all the files) with the whole backup less than 30mb im not going to loose any sleep over backing it all up every time. So this lends itself brilliantly to using a simple shell script and a remote storage location.
So a quick Google and I came across this great piece of shell script by Mike Rogers using S3 as the repository Backup Shell Script check it out.
Combine this with cron tab and you have automated backup. S3 at this usage is nearly free and if you are running on the free tire it is completely free for the first year.
This is backing up 3 web repositories 3 mysql databases and the vhost config files.


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Hi everyone,
I recently purchased a KORG nanoKEY and have been playing around with it for a week or so,
I was wondering if there was some way to maybe record my own sounds (My Voice, Real guitar and drums, etc.) with a mic and somehow trigger those sounds with key strokes.
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B100 million of heroin seized
- Published: 30 Nov 2012 at 17.20 | Viewed: 5,638 | Comments: 1
- Online news:
- Writer: Online Reporters
Police have arrested four Hmong tribesmen in Tak on charges of trafficking 11 kilogrammes of heroin worth almost 100 million baht, while police in Nakhon Phanom arrested a man for possesion of 200kgs of marijuana worth at least five million baht.
In Tak, police arrested Veera Archiwaprueksakit, 27, Gi Sae-Ma, 29, and two youths aged 19 and 14 who were transporting 30 blocks of heroin from the northern region into Bangkok
Police said on Friday they had followed Mr Veera and the 14-year-old to a petrol station. The two realised that police were tailing them and fled, but were later caught with the drugs in their possession.
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Monday, September 17, 2012
NEW WILMINGTON, Pa. - Westminster College's Office of Diversity Services will host its annual Hispanic Heritage Month Celebration on Thursday, Sept. 20, from 7-9 p.m. in Berlin Lounge at the McKelvey Campus Center. The event is free to the public.
The night will include Zumba lessons, featuring Vicki Vargo, Hispanic food and music.
Contact Jeannette Hubbard, Westminster director of diversity services, at (724) 946-7179 or email for additional information.
About Westminster College...
Founded in 1852 and related to the Presbyterian Church (U.S.A.), Westminster College ranks first in the nation as "Best College for Women in Science, Technology, Engineering and Math," according to Forbes.com. Westminster is a top-tier liberal arts college and a national leader in graduation rate performance, according to U.S. News Best Colleges guide. Westminster is also honored as one of "The Best 377 Colleges" by The Princeton Review, and is named to the President's Honor Roll for excellence in service learning.
Nearly 1,600 undergraduate and graduate students benefit from individualized attention from dedicated faculty while choosing from 42 majors and nearly 100 organizations on the New Wilmington, Pa., campus. Visit www.westminster.edu/advantage to view "Advantage: Westminster" A Strategic Plan 2010-2020.


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Reflecting on Reflections - June 2014
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Audibility of a CD-Standard A/DA/A Loop Inserted into High-Resolution Audio Playback - September 2007
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Groove Echo in Lacquer Masters
The audio signal which is transferred from modulated grooves to adjacent unmodulated grooves in a disc record is called the -echo.- The measured characteristics of the echo signal are described as a functioin of modulation level, modulation frequency, groove width, and cutting pitch (grooves per inch). It is shown that echo during the mastering process is produced by the modulation of the left (inner) groove walls and is transferred to the succeeding inner grooves.
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Stole the Identities of Family Members and Tax Return Prep Customers to Commit Fraud
KANDI ROSE ROBERTS aka KANDI KROON, 38, of Las Vegas, Nevada was sentenced today in U.S. District Court in Seattle to 30 months in prison, five years of supervised release and $62,270 in restitution for Conspiracy to Defraud the United States, False Claims to the IRS, Fraudulent Use of Another Person's Identification, Conspiracy to Commit Bank Fraud, Wire Fraud, and Fraud and Related Activity to an Access Device. At sentencing U.S. District Judge James L. Robart said, "I note a tendency on the part of Ms. Roberts to blame everyone but herself for what happened, and I find that very troubling."
According to the plea agreement Roberts signed in March 2007, ROBERTS and her then husband, Ernest M. Roberts, 49, of Bellingham, Washington were involved in a conspiracy between 2002 and 2004 to defraud the United States by submitting fraudulent tax returns in the names of others. ROBERTS then collected more than $40,000 in tax refunds they were not entitled to.
In addition to the scheme to defraud the IRS, the couple also conspired to commit Bank Fraud. The couple made use of personally identifying information of family members and others who had used KANDI ROBERTS tax preparation services. Using that information, they opened bank and credit accounts. They forged checks on accounts belonging to family members and ran up large credit card bills in the names of family members and others. Some of the charges occurred even after one victim had died. ROBERTS deposited forged checks into her bank account from the line of credit on her widowed mother's home. She then diverted mail containing repayment notices, and the mortgage company initiated foreclosure proceedings. The total Bank and Wire fraud is estimated to exceed $75,000.
Ernest Roberts was sentenced earlier this month to 21 months in prison for Conspiracy to Defraud the United States, Making False Claims to the IRS, Fraudulent Use of Another's ID, and Conspiracy to Commit Bank Fraud.
At sentencing Judge Robart observed that KANDI ROBERTS had served short jail terms in 1989, 1992 and 1997 for Theft. The judge noted that ROBERTS "is someone who has been involved in a number of serious offenses, has convinced the court to be lenient, and then has gone right back to criminal behavior." Judge Robart said a lengthy sentence was needed to both protect the public and deter ROBERTS from future criminal activity.
The case was investigated by the Internal Revenue Service Criminal Investigations (IRS-CI) The case is being prosecuted by Assistant United States Attorney Kathryn Warma.
For additional information please contact Emily Langlie, Public Affairs Officer for the United States Attorney's Office, at (206) 553-4110.


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14.02.2012 / Food & Leisure
heretical winemakers
What drives the choices of winemakers? On the one side, the aesthetic approach follows the fleeting trends that affect the taste of the public. On the other end, the ethical approach clings to the mantra of natural production and organic certification at every cost.
"Heretical" winemakers prefer to shun both extremes, focusing on their choices and needs, pursuing taste and safeguarding traditional know-how and artisan winemaking, from the vineyard to the cellar.
As a consequence, tasting their wines is a great opportunity to try something authentic and unique that you will hardly find on the general market. If you're intrigued, the best occasion to discover the world of heretic winemakers is Gusto nudo ("naked taste"), the fair that brings them all together from every part of Italy. And it's going to be next weekend!
From Piedmont to Sicily, all the Italian winemakers that share these values will take part to the event and present their wines to the public.
Bologna, Circolo Mazzini, February 19 and 20


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Dr Anne Moir is a respected and widely published authority on the rapidly developing science of neuropsychology. She is the author of three international best sellers and is currently writing a new title - Brainsex Matters - in collaboration with her regular writing partner, renowned broadcast journalist David Jessel.
Brain Sex: The real difference between men and women
(Michael Joseph: London, 1989); Mandarin paperback (London 1990); Dell paperback (New York 1992)
Translated into 25 languages and a best seller worldwide, it was a revolutionary book, firmly rooted in exhaustive scientific research, challenging the then widely held belief that all things being equal, men and women would turn out the same.
It was first published two decades ago, long before brainsex theory became fashionable or even scientifically accepted. It remains highly popular today and is counted as one of the best 50 psychology classics, alongside works by Freud, Adler and Jung:
"Brain Sex: The Real Difference between Men and Women, was a best seller and one of the first popular books on gender differences, long before John Grey wrote Men are from Mars, Women are from Venus. Superbly written and often amusing, it remains a great example of 'myth busting'."
A Mind to Crime
(Michael Joseph: London 1995) Paperback Signet Books (1997)
A further collaboration with crime and legal expert David Jessel, this award-winning book evolved from Brain Sex and won the British Medical Association Journalism book award in 1997.
Why Men Don't Iron
(HarperCollins: London 1998) Paperback July 1999
This wide-ranging book examines sex difference in food, studies homosexuality and its biological roots, and analyses the sex differences in parenting. Anne wrote it with her late husband, Canadian historian and journalist Bill Moir. It was the last in a long line of distinguished achievements for Bill who died of cancer shortly after its publication.


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[Madison, Wis.] – The Republican Party of Wisconsin released a radio ad titled, "Governor Walker Putting Taxpayers First," highlighting the reforms Walker has pushed forward to lower the tax burden on Wisconsinites, including the $100 million property tax cut signed into law this year. The ad will begin airing statewide today.
"Governor Walker has been a great voice for taxpayers, working to provide immediate relief for families across the state," said Brad Courtney, Chairman of the Republican Party of Wisconsin. "With over $1.5 billion in total tax relief so far, Governor Walker is truly putting taxpayers first, and we would like to say 'thank you, Governor!'''
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In which the Editrix engages in shameless self-promotion
Because for what else do we blog, but to notice other authors' books and put our own forward in return?
We have received two very kind reviews for our recent publication, There Must Be Murder. Laurel Ann Nattress' review on Austenprose said:
Sullivan has captured the charm and endearing delight of Austen's characters beautifully, added new ones rich in folly and nonsense, and a Newfoundland dog named MacGuffin who steals every scene. The numerous illustrations by Cassandra Chouinard are enchanting. My only disappointment was in the length. It was over much too quickly.
Alexa Adams, author of P&P variation First Impressions, also enjoyed our novella.
In Ms. Sullivan's hands, the Tilney's marriage lives up to all the promise with which Austen infused it. Romantic while not being tawdry, mysterious without relying on needless drama, There Must Be Murder is a beautiful and loving homage to both Jane Austen and her first full-length novel.
Thanks to both ladies for the kind reviews! There Must Be Murder is available from Librifiles and Amazon. If ordered from Librifiles, use the code 95Y8NF33 to get a 20% discount from the list price (this works for all Librifiles books, by the bye). You can also get the DRM-free ebook at Girlebooks, and it is also available on Smashwords and as a NookBook.
We would also like to present to our Gentle Readers' notice the rejacketed The Jane Austen Handbook, which will be re-released in March 2011. It will be interesting to see how it is received post-zombie revolution. ;-) One item of note: it will have a Kindle edition! And we hope other ebook formats as well. (We asked for that particularly.)
January 26, 2011 9:52 am
You're very welcome! I look forward to continuing to enjoy the book through all the rereads I am sure to do down the road.
Sandra permalinkJanuary 26, 2011 4:01 pm
Mags, how perfect! I loved the early chapters when you posted them here back in the day. Can I tell everybody I meet that I knew you back when? :D I shall require your signature on my copy, of course. ; )
Congratulations on your achievement.
Karen Doornebos permalinkJanuary 27, 2011 1:39 pm
Mags–It's about time you banged your own pianoforte about this! I'm buying it asap and looking forward to reading the whole. Yes, do write another one, too!
Amy P permalinkJanuary 27, 2011 9:59 pm
Congratulations! Have already pre-ordered it on amazon. Now if only you would publish "The Firstborn"… :D
Comments are closed.


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Editor: Frank P. DeGiulio
CALHOUN v. YAMAHA IV: Third Circuit Holds That Federal Maritime Law Governs Liability Standards
In June, 2000, the Third Circuit Court of Appeals issued the most recent decision in the decade old litigation arising from Natalie Calhouns tragic death in a jet ski accident in Puerto Rico waters. Calhoun v. Yamaha Motor Corporation, U.S.A., 216 F.3d 338, 2000 A.M.C. 1865 (3rd Cir. 2000).
In July, 1989, twelve year old Natalie Calhoun, a Pennsylvania resident vacationing with her family in Puerto Rico, was killed when a rented jet ski that she was operating collided with an anchored pleasure boat near Palmas Del Mar. Her parents filed a products liability action against the jet ski manufacturer under the Pennsylvania Wrongful Death and Survival Statutes in the U.S. District Court for the Eastern District of Pennsylvania, and sought compensatory damages for loss of earnings, support, services and society, as well as funeral expenses and punitive damages. The Calhouns have consistently argued for the application of state law to both the damages and liability aspects of the case.
The most recent opinion by the Third Circuit involved a certified interlocutory appeal from the 1999 decision, Calhoun v. Yamaha Motor Corporation, 40 F.Supp.2d 288, 1999 AMC 1777 (E.D.Pa. 1999), reported in 8 Boating Briefs No. 1 (Mar.L.Assn. 1999). The district courts opinion followed the U.S. Supreme Courts decision in the case, Yamaha Motor Corp. v. Calhoun, 516 U.S. 199, 1996 AMC 305 (1996), in which the Court held that state law governs the damages and remedies available for the death of a non-seafarer in state territorial waters. See 5 Boating Briefs No. 1 (Mar.L.Assn. 1996). The case was then remanded to the district court for further consideration of whether the law of Pennsylvania or Puerto Rico should govern the scope of recoverable damages.
On remand, the district court first considered the issue of whether the law of Pennsylvania or Puerto Rico should apply to define the damages available for Natalies death. The district court determined that federal choice of law rules should guide the analysis since the action fell within the courts admiralty and maritime jurisdiction. Applying this analysis the district court first concluded that the law of Puerto Rico, the situs of the accident, applied to the Calhouns punitive damages claim. The court then granted summary judgment in favor of Yamaha because punitive damages are not recoverable under Puerto Rico law and dismissed the Calhouns punitive damages claim. Further, the court found that the law of Pennsylvania should apply to define the scope of available compensatory damages for Natalies death.
In addition to its choice of law analysis and findings regarding applicable state law remedies and damages, the district court found that state substantive law, rather than federal maritime law, should govern the liability standards in the case of the death of a non-seafarer in state waters. In the closing footnote of its opinion in the case, the Supreme Court in Calhoun had said as follows:
The Court of Appeal also left open, as do we the source federal or state of the standards governing liability, as distinguished from the rules on remedies. We thus reserve for another day reconciliation of the maritime personal injury decisions that rejected state substantive liability standards, and the maritime wrongful-death cases in which state law has held sway.
The district court interpreted this comment as a directive to decide whether substantive federal maritime law or state law should define the standards governing liability of the parties. The district court determined that Puerto Rican substantive law should supply the operative standards of liability.
The Calhouns had consistently argued throughout the litigation that state substantive law rather than federal maritime law should govern the standards of liability as well as damages. The issue is potentially significant to the ultimate outcome of the case because if federal maritime law applies, the principle of pure comparative fault will permit the defendants to introduce evidence of Natalies own negligence to reduce recoverable damages under the Supreme Courts decision in United States v. Reliable Transfer Co., 421 U.S. 397, 95 S.Ct. 1708 (1975). Conversely, under Pennsylvania law contributory and comparative negligence are not defenses to a strict products liability claim and Yamaha would be barred from introducing evidence of Natalies negligence.
The district court certified its findings to the Third Circuit Court of Appeals. On appeal, the Third Circuit affirmed the district courts decision with respect to the applicability of Puerto Rico and Pennsylvania law to determine the scope of recoverable damages but reversed the district courts finding that state law should also control the standards of liability.
In reviewing the district courts finding that Pennsylvania law should govern the Calhouns claim for compensatory damages and that the law of Puerto Rico should govern their claim for punitive damages, the Third Circuit initially considered whether the district court had properly applied federal maritime choice of law rules in light of the Supreme Courts holding in the case that state law governs damages arising from the death of a non-seafarer in territorial waters. Noting that the appropriate choice of law rules are controlled by the basis of the courts subject matter jurisdiction, the Third Circuit analyzed whether the circumstances of the accident brought the case within federal admiralty jurisdiction under the Supreme Courts decisions in Foremost Ins. Co. v. Richardson, 457 U.S. 668, 102 S.Ct. 2654 (1982) and Sisson v. Ruby, 497 U.S. 358, 110 S.Ct. 2892 (1990). Concluding that the circumstances of Natalie Calhouns accident were virtually identical to the accident that occurred in Richardson, the circuit court held that admiralty jurisdiction was present and that the district court properly applied the federal maritime choice of law rules enunciated in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921 (1953).
In affirming the district courts finding that the Calhouns recoverable damages were governed in part by the law of Puerto Rico and in part by the law of Pennsylvania the Third Circuit approved the district courts use of the doctrine of depeÁage, the use of the law of different states to resolve different issues in the same case. The court rejected the Calhouns argument that the situs of the accident was merely fortuitous and that Puerto Ricos interest in applying its law should therefore be given little or no weight in the choice of law analysis. In so doing, the court distinguished prior decisions involving air crashes, holding that unlike circumstances where a mechanical failure or human error might result in a crash anywhere along an interstate route, Natalie intentionally traveled to Puerto Rico and intentionally operated the Wavejammer in Puerto Ricos territorial waters.
The Third Circuit, noting that the purpose of punitive damages is to punish and deter future conduct, held that the district court had properly concluded that the law of Puerto Rico, the situs of the accident, should apply to the Calhouns punitive damages claim. Because the accident occurred in Puerto Ricos territorial waters, the court held that Puerto Ricos interest in regulating activities within its waters dominates any interest that Pennsylvania might have in this respect.
Conversely, the court held that Pennsylvania law should govern compensatory damages. Noting that the Calhouns were residents of Pennsylvania and had virtually no connection to Puerto Rico, the court held that Pennsylvanias interest in obtaining compensation for its citizens dominated any interest that Puerto Rico might have with regard to this aspect of the claim.
After affirming that portion of the district courts opinion regarding the applicability of state law to the Calhouns damage claims, the Third Circuit considered whether the district court had erred in its conclusion that the substantive law of Puerto Rico, rather than federal maritime law, should govern the standards of liability. The Third Circuit reversed this aspect of the district courts decision and held that federal maritime law provides the standards of liability in an admiralty action for the death of a non-seafarer in territorial waters brought pursuant to state wrongful death or survival statutes.
According to the Third Circuit, resolution of the issue of whether federal maritime law or state law should provide the standard of liability in the case of a death of a non-seafarer in state territorial waters depends on whether the Supreme Courts 1959 decision in The TUNGUS v. Skovgaard, 358 U.S. 588, 79 S.Ct. 503 (1959) remains good law in light of the courts subsequent decision in Moragne v. States Marine Lines, Inc., 398 U.S. 375, 90 S.Ct. 1772 (1970). In The TUNGUS, the Supreme Court held that no federal common law cause of action existed for a wrongful death in territorial waters based on its own prior decision in The HARRISBURG, 119 U.S. 199, 7 S.Ct. 140 (1886). Accordingly, The TUNGUS, and other cases decided contemporaneously by the Supreme Court, held that when such an action was brought the court was required to apply state law with respect to all substantive and procedural issues. In its 1970 decision in Moragne, the Supreme Court overruled The HARRISBURG and created a federal cause of action under the federal common law for the wrongful death of seamen in territorial waters. However, the Moragne decision did not expressly overrule The TUNGUS and related decisions.
The district court in Calhoun based its decision that state law governs liability arising form the death of non-seafarers in territorial waters on the holding in The TUNGUS, concluding that in this circuit, The Tungus, with all its Harrisburg-era warts, remains good law with respect to the proposition that ërights of non-seamen killed in state territorial waters depend on state wrongful death statute [sic]. 40 F.Supp.2d at 295.
However, the Third Circuit disagreed, concluding that the specific holding of The TUNGUS that all facets of state law must be applied when a plaintiff utilizes a state wrongful death remedy to recover for a death in territorial waterswas effectively overruled by Moragne. Further explaining its reasoning, the court held that The TUNGUS remained good law only insofar as it stands for the proposition that state law may provide a procedure or remedy by which a plaintiff may bring a action for wrongful death in territorial waters, a proposition consistent with the Supreme Courts holding in Calhoun.
The Third Circuit also based its holding that federal maritime law must govern liability arising from the death of a non-seafarer in territorial waters on the need for uniformity in federal maritime law. Reviewing Supreme Court decisions supporting the need for uniformity, the Third Circuit noted that adoption of the district courts finding would require the application of the substantive liability law of the state where the accident occurred, thereby eliminating national uniformity in liability standards for maritime accidents.
The Eleventh Circuit Court of Appeals held that a written release signed by the deceased prior to a diving trip is effective to bar a wrongful death action against the dive boat operators under state law. Schultz v. Florida Keys Diving Center, Inc., 224 F.3d 1269 (11th Cir. 2000).
Patricia Schultz drowned during a diving trip in Florida waters. On the day before the trip Schultz signed a document releasing the dive operators from liability for all claims, including claims arising from their own negligence or gross negligence. While diving, Schultz and her husband surfaced a significant distance from the dive boat and were unable to swim back to the boat. Patricia Schultz became unconscious and drowned before being picked up by the boat. Schultzs estate commenced a wrongful death action against the dive instructors and the dive boat owners in Florida federal court invoking diversity jurisdiction.
We have previously reported state and federal court decisions involving the validity of similar releases under maritime law: Matter of Pacific Adventures, Inc, 5 F.Supp.2d 874, 1998 AMC 2857 (D.Hi. 1998) (release invalid under Limitation Act) reported in 8 Boating Briefs No. 1 (Mar. L. Assn. 1999); Borden v. Phillips, 752 So.2d 69 (Fla.1st DCA 2000) (federal maritime law inapplicable; release valid under state law) reported in 9 Boating Briefs No. 1 (Mar. L. Assn. 2000); Waggoner v. Nags Head Water Sports, Inc., 141 F.3d 1162, 1998 AMC 2158 (4th Cir. 1998) (release valid under federal maritime law or state law) reported in 7 Boating Briefs No. 1 (Mar. L. Assn. 1998).
In Schultz the decedents estate argued that the release was rendered invalid and unenforceable either by the provisions of the Limitation of Liability Act, 46 U.S.C. § 183c, or under federal maritime law. Section 183c of the Limitation Act provides that
[i]t shall be unlawful for the...owner of any vessel transporting passengers between ports of the United States... to insert in any...contract or agreement any provision or limitation (1) purporting, in the event of loss of life or bodily injury arising from the negligence or fault of such owner or his servants, to relieve such owner, master or agent from liability...for such loss or injury, or (2) purporting in such event to lessen, weaken or avoid the right of any claimant to a trial...on the question of liability for such loss or injury....All such provisions or limitations contained in any such...contract...are declared to be against public policy and shall be null and void and of no effect.
In Shultz, the district court had granted summary judgment in favor of the defendants and found that although the accident giving rise to the claim was within federal admiralty jurisdiction, §183c of the Limitation Act did not invalidate the release signed by Schultz which was otherwise valid and enforceable under Florida state law. The estate appealed.
On appeal the Eleventh Circuit affirmed the trial courts decision. The circuit court initially considered the applicability of §183 of the Limitation of Liability Act. The court held that the Act was inapplicable because the dive boat was not transporting passengers within the meaning of the Act and the legislative history revealed no intention by Congress to invalidate releases for scuba diving excursions.
The Eleventh Circuit then addressed the estates alternative argument that the release was invalid under general principles of federal maritime law. Although upholding the validity of the release under state law, the district court had found that the accident satisfied the test for admiralty jurisdiction and that federal maritime law was therefore applicable.
The Eleventh Circuit observed that most of the decisions in which diving accidents have been held to fall within admiralty jurisdiction involved injuries related to the operation or management of dive boats. The court specifically distinguished the decision in Matter of Pacific Adventures, Inc., 5 F.Supp.2d 874, 1998 AMC 2857 (D.Haw. 1998), in which it was held that §183c of the Limitation Act invalidated a similar release signed by a dive participant. Pacific Adventures involved a claim by a dive participant who was injured when her leg became entangled in a boats propellor. The district court for Hawaii found that the plaintiffs accident fell within admiralty jurisdiction and that the plaintiffs status as a passenger had not ended even though she was injured while diving. The Eleventh Circuit noted that Patricia Schultzs drowning related only to the act of scuba diving and was unrelated to the operation of the dive boat itself.
Although the Eleventh Circuit questioned whether Schultzs accident would support admiralty jurisdiction and indicated that the issue was in its view not free from doubt, the court stated that no established principle of federal maritime law would invalidate the release signed by Schultz. Specifically, the court held that to the extent that principles of federal maritime law limit the enforceability of releases in certain circumstances, those principles are limited to the context of common carriers and are, therefore, inapplicable in the case of a diving excursion boat.
Based on its holding that the release was not invalidated by the application of the Limitation Act or any principle of federal maritime law, the Eleventh Circuit concluded that the district court had properly applied Florida state law as the law governing the validity of the release.
In 1998 Jeanne Kulesza suffered serious permanent injuries when she was thrown from a twenty foot sport fishing boat on which she was a passenger. Kulesza was thrown overboard when the captains chair that she was holding onto allegedly came off the post to which it was attached. Kulesza fell from the stern and her arm was severed by the boats propeller.
Kulesza brought suit against the builder, Scout Boats, Inc., and the manufacturers and suppliers of the captains chair and its component parts, in federal court in the eastern district of Pennsylvania. In her Complaint, Kulesza alleged subject matter jurisdiction based solely on diversity of citizenship and demanded a jury trial. Only one of the defendants raised the applicability of federal maritime law in its answer.
Prior to trial a dispute arose concerning the applicable law. The issue was put to the court in the form of a motion and submitted to a federal magistrate judge for decision. The choice of law issue is decided in Kulesza v. Scout Boats, Inc., 2000 WL 1201457 (E.D.Pa. Aug. 8, 2000).
Three of the defendants argued that New York substantive law governed the dispute because the plaintiff alleged diversity of citizenship as the sole basis for subject matter jurisdiction. The plaintiff and the boat builder argued that federal maritime law applies regardless of the alleged basis for jurisdiction. According to the court, the choice of law issue was of vital importance to the litigants. First, several of the defendants raised the affirmative defense of assumption of the risk, a defense permitted under New York State law but not generally available under federal maritime law. Second, federal maritime law applies the principle of joint and several liability among joint tortfeasors while under New York law a party that is less than fifty percent at fault cannot be held jointly liable for economic losses.
The magistrate judge, citing the Supreme Courts decision in Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (1953) and numerous circuit and district court opinions, concluded that under the reverse-Erie Doctrine...once a claim falls within the bounds of admiralty jurisdiction, substantive admiralty law applies to govern the claim, regardless of whether or not admiralty jurisdiction was actually invoked in the complaint. The magistrate judge went on to conclude that the tort in question satisfied the test for admiralty jurisdiction and, therefore, federal maritime law governs the claims and defenses.
The courts decision is consistent with black letter law and the overwhelming majority of reported decisions in which the specific issue has been addressed. However, the Kulesza decision is significant due to a the existence of a disturbing contrary opinion issued by the Third Circuit Court of Appeals in Fedorczyk v. Caribbean Cruise Lines, Ltd., 82 F.3d 69 (3rd Cir. 1996), which the Kulesza court might have considered to be controlling precedent.
Fedorczyk involved a cruise passengers claim for personal injuries allegedly sustained in a slip and fall incident on board one of the defendants vessels. The plaintiff originally sued in state court and the defendant removed the case. Not surprisingly, the state court complaint made no mention of admiralty jurisdiction. Although recognizing that the claim was an admiralty tort which could have been brought pursuant to the courts admiralty jurisdiction, the Third Circuit held that if a complaint does not identify the claim as an admiralty and maritime claim, substantive admiralty law will not be applied regardless of whether the claims would otherwise support admiralty jurisdiction. The Third Circuit specifically rejected the reverse-Erie doctrine, holding that in the circumstances it would apply state choice of law rules and state substantive law to the dispute.
Although noting that the Third Circuits decision in Fedorczyk had not been overruled, the Kulesza court rejected both the holding and the reasoning of the decision. To distinguish the case, the magistrate concluded that the appellate courts discussion was mere dicta, and therefore non-binding, because the decision itself stated that the parties had agreed that New Jersey state substantive law rather than federal maritime law should be applied.
The magistrate judge also concluded that the Fedorczyk decision is in direct conflict with the policy of promoting uniformity in admiralty law:
...the Fedorczyk reasoning would permit a plaintiff to elect the application of either state or admiralty substantive law, depending on which one was more favorable to him or her, simply by bringing the case either under diversity jurisdiction or admiralty jurisdiction. Such freedom of choice would, in turn, result in plaintiffs with identical maritime tort claims being judged under varying standards of liability, thereby destroying the very uniformity which the framers set out to create.
In a recent opinion the Fifth Circuit Court of Appeals joined the Eleventh Circuit in holding that personal injury claims based on the alleged failure to equip a recreational boat with a propellor guard are impliedly preempted by Coast Guard regulatory action taken under the authority of the Federal Boat Safety Act, 46 U.S.C. §§ 43014311 (FBSA). Lady v. Neal Glaser Marine, Inc., 2000 WL 1405075 (5th Cir., Sept. 26, 2000).
Steven Lady was injured in 1995 when the jet ski which he was operating collided with a pleasure boat manufactured by Outboard Marine Corporation. Lady fell from his jet ski and came in contact with the pleasure boats unguarded propellor. He sustained permanent injuries, including the loss of one leg. Lady brought suit in federal court against the manufacturer and distributor of the pleasure boat, alleging that his injuries were caused by the defendants failure to design and equip the boat with a propellor guard. In his suit Lady advanced causes of action based on negligence, breach of warranty and products liability under state law.
In Lewis v. Brunwick Corp., 107 F.3d 1494 (11th Cir. 1997), the Eleventh Circuit previously held that the FBSA could not be interpreted as expressly preempting the plaintiffs common law claims based on the alleged failure to equip a boat with a propellor guard due the existence of the Acts savings clause. The savings clause provides that compliance with the Act or regulations issued thereunder does not relieve a person from liability at common law or under state law. 46 U.S.C. § 4311(g). However, the Eleventh Circuit held that although the plaintiffs claims were not expressly preempted, the Coast Guards decision that propellor guards should not be required resulted in implied preemption of state law, including common law claims. Specifically, the Eleventh Circuit held that implied preemption of state law may occur where a federal agency makes a determination that a particular subject should not be the subject of regulation. (See 6 Boating Briefs No. 1 (Mar. L. Assn. 1997).
The plaintiff in Lewis petitioned the Supreme Court for certiorari on the issue of implied preemption. The Supreme Court granted the petition in November, 1997. 522 U.S. 978, 118 S.Ct. 439 (1997). Briefs were filed and the case was argued before the Supreme Court (The text of the oral argument is available at 1998 WL 106133). Interestingly, the United States filed an amicus brief supporting the plaintiffs appeal and urging the court to hold that the plaintiffs state law claims were not expressly or impliedly preempted by federal law or regulation. The parties in Lewis settled the case before the Supreme Court issued its opinion and the appeal was dismissed. 523 U.S. 1113, 118 S.Ct. 1793 (1998). (See 7 Boating Briefs No. 1 (Mar. L. Assn. 1998).
The federal district court placed the Lady v. Neal Glaser action on the suspense docket pending the outcome of the Supreme Court appeal in Lewis. The case was reactivated when the Supreme Court appeal was dismissed. Thereafter the district court granted summary judgment in favor of Outboard Marine Corporation on the ground that the plaintiffs state law claims were preempted by federal law. Lady v. Outboard Marine Corp., 66 F.Supp.2d 818 (S.D.Mo. 1999). The plaintiff appealed.
On appeal the Fifth Circuit affirmed the district courts decision in Lady and held that although the FBSA and the Coast Guards regulatory decisions do not expressly preempt Ladys tort claims, implied conflict preemption does preclude his action against OMC, because a state rule requiring propeller guards on recreational vessels would frustrate the Coast Guards decision that recreational boats should not be required to be equipped with propellor guards. The Fifth Circuits rationale and holding are entirely consistent with the Eleventh Circuits decision in Lewis.
In reaching its holding, the Fifth Circuit in Lady initially considered the plaintiffs argument that the preemption analysis should begin with a presumption against federal preemption of state common law claims where the claims concern matters of safety and health. Relying on the Supreme Courts decision in United States v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000), the circuit court rejected the plaintiffs argument and held that a presumption against preemption should not be applied where there is a history of significant federal regulatory presence in the area in question. The court concluded that the regulation of vessels in general and pleasure craft in particular is an area traditionally regulated by the federal government and, accordingly, no presumption could be applied as urged by Lady.
The Fifth Circuit relied heavily on the Supreme Courts decision in Locke in support of its conclusion that the Coast Guards consideration and rejection of a propellor guard requirement impliedly preempted state law claims on the issue. In Locke the Supreme Court held that implied federal preemption exists when compliance with both federal and state law is impossible, or when the state law stands as an obstacle to the completion and execution of the full purpose and objective of Congress. The Fifth Circuit held that implied preemption existed in the case of propeller guards because the Coast Guard had purposefully adopted a flexible approach to the subject based on a finding that imposition of a propeller guard requirement would be substantively inappropriate.
With regard to the general subject of implied preemption in the recreational boating area the Fifth Circuit specifically held as follows:
[w]here the Coast Guard has been presented with an issue, studied it, and affirmatively decided as a substantive matter that it was not appropriate to impose a requirement, that decision takes on the character of a regulation and the FBSAs objective of national uniformity mandates that state law not provide a result different than the Coast Guards.
In 1994 the pleasure yacht Shango was placed in a floating dry dock owned and operated by Master Marine, Inc. for the purpose of conducting repairs to the boats bow thruster. Extensive damage in the form of debonding of internal stiffeners and bulkheads from the fiberglass hull was discovered four days after the boat was placed in the dry dock.
The yacht owner filed a claim with its hull underwriters at Lloyds who paid in excess of $800,000. Lloyds underwriters and the owner commenced an action against the ship yard in federal court alleging that the damage was caused by the manner in which the yacht was placed in the dry dock. Underwriters sought to recover amounts paid out under the hull policy for physical damage to the yacht. The yacht owner asserted its own claim for damages in the amount of $3 million for alleged loss of charter hire. The plaintiffs advanced theories of common law negligence and breach of a bailment contract by the ship yard. The case was tried and the court entered findings of fact and conclusions of law which are the subject of the reported decision in Frichelle Ltd. v. Master Marine, Inc., 99 F.Supp.2d 1337, 2000 AMC 2329 (S.D.Ala. 2000).
Based on the evidence submitted at trial the district court entered findings of fact in which it concluded that limited debonding of structural members had existed prior to the dry docking and that this condition rendered the vessel unseaworthy. The court also found that the ship yard was not made aware of this pre-existing condition by the owner and that the yard had no reason to anticipate the need to take extra or additional precautions, given that the purpose of the dry docking was limited to the repair of the bow thruster. According to the court, the evidence established that employees of the owner remained aboard the boat in dry dock and that the yard did not have unfettered access to the vessel. In connection with the owners loss of hire claim the court found that the boat had been chartered only once in eight years prior to the incident and that the repairs carried out were not necessarily indicative of an intent to charter the vessel following the repairs.
At trial the ship yard argued that no maritime bailment can exist unless the bailee assumes complete and exclusive possession and control of the vessel based on the Fifth Circuits decision in T.N.T. Marine Service, Inc. v. Weaver Shipyards & Dry Docks, Inc., 702 F.2d 585 (5th Cir. 1983). The district court, citing Stegemann v. Miami Beach Boat Slips, 213 F.2d 561 (5th Cir. 1954), rejected the shipyards argument and held that lack of exclusive possession and control by a bailee does not automatically defeat a maritime bailment but, instead, simply modifies and limits the obligations of the bailee. However, the Frichelle court held that the plaintiffs were unable to establish a prima facie case of negligence by the yard as bailee because they could not prove that the boat was delivered to the yard in good order and condition.
The district court in Frichelle also held that the plaintiffs failed to carry their burden of proof on the common law negligence theory because the evidence established that the yard exercised reasonable care in the manner in which the boat was dry docked. In this regard, the court concluded that the yard had no actual knowledge or reason to believe that any additional or special precautions were required due to the boats pre-existing condition. Although the court concluded that the yard was not liable for the alleged damages to the yacht based on the evidence and theories advanced by the plaintiffs, the court also addressed and rejected the yacht owners claim for loss of use as a matter of law. Relying in part on the Eleventh Circuits decision in Central State Transit & Leasing Corp. v. Jones Boat Yard, Inc., 206 F.3d 1373 (11th Cir., 2000), the Frischelle court held that the yacht owner had not satisfied the requisite standard of proof that profits had actually or may reasonably supposed to have been lost applicable when an owner of a pleasure boat seeks loss of use damages. See 9 Boating Briefs No. 1 (Mar. L. Assn. 2000) for a discussion of the Central State Transit decision.


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Citizen charter
Brief history: Jungle Lodges and Resorts Ltd. (JLR) was set up in 1980 as the state's wildlife and eco-tourism initiative as a Pvt. Ltd. company by M/s Tiger Tops Pvt. Ltd. Later in the year 1987, M/s Tiger Tops Pvt. Ltd. withdrew by selling their entire share to Government of Karnataka. Now, JLR is a responsible ecotourism company with 16 properties, located in Karnataka's amazing natural destinations, offering well furnished, eco-sensitive living quarters (tented cottages/ loghuts), excellent cuisine and outdoor activities catering predominantly to an Indian audience with a smaller percentage of inbound tourists.
Objectives: To promote eco-tourism, wildlife tourism, adventure tourism and various outdoor activities like trekking, camping, white water rafting, joy fishing etc., that are non-consumptive components of eco-tourism and in general help in environment conservation.
· Sensitization to diversity in nature
· Bring people closer to nature
· Create ambassadors for conservation
· Bring in ecological sensitivity
· Support local communities
· Support Forest Department.
Commitment: It is our constant endeavour to provide a good experience to our guests and we continuously strive to ensure that we send back guests happy and satisfied.
Tourists/customer: Customer Relationship Management (CRM) is a backbone for tourism industry and the success, failure or growth of a company depends on this aspect. A customer interaction in an eco-lodge takes place at the following place.
Level 1:
· Enquiry about JLR and its properties is available at the head office and at the resorts.
· Providing information about properties and tariffs through a booking/ reservation staff, travel agents, website/ email, telephone/ other communication.
· The booking can be done at head office, resorts and also online.
· Payment can be made online through our website www.junglelodges.com
Level 2:
· At the resort, the Resident Manager, Naturalist and all the other staff make the customer stay comfortable.
· Any suggestions or complaints are received at the resort by the Resident Manager through the feedback forms.
· In case of any complaint or request not properly handled or processed, guests are welcome to approach the Managing Director or the Executive Director at Head office, Bangalore.
Level 3:
· Email and updates of our properties and information of loyalty membership details and cards, new packages are available on website www.junglelodges.com
· An upgraded website www.jlrexplore.com has been developed for facilitating the tourists to know about daily sightings in our wildlife resorts, to view the pictures in gallery and to explore latest information. Guests can also narrate their trip stories on this website.
Contractors/ Business partners:
To facilitate the bidders about various contract works, goods, services, all publications of tenders are done through e-procurement portal and advertisements are published in local newspapers. Preparation and finalization of tenders are done through e-procurement portal.
Bandipur safari lodge Bannerghatta nature camp Bheemeshwari nature & adventure camp Bhimgad adventure camp Blackbuck resort Devbagh beach resort Dubare elephant camp Galibore nature camp Kabini river lodge Kali adventure camp K.gudi wilderness camp Old magazine house Om beach resort Pilikula nisargadhama River tern lodge Sloth bear resort Sharavathi adventure campActivities
"Thank you! we had an excellent day trip at bannergatta. all your staff and officials are extremely professional, helpful and courteous. Keep up the good work! your efforts in wildlife conservation are truly commandable and praiseworthy! We will surely come again to stay overnight."
14-01-2013Rahul Dravid, Bangalore read more


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Where It Started "I lost about 13 kilos after the birth of my son, but then became pregnant with my daughter. Although I didn't put on much weight during my second pregnancy, I still ended up weighing more than 100 kilos.
I knew I wanted to join Weight Watchers Online after she was born. A photo taken of myself, my partner and my newborn son urged me to do something the person in that photo was not 'me'!
Weight Loss Also Impacted The People Around Me My weight loss has made my relationship with my partner better than ever. He always loved me and was attracted to me, no matter what my size, but my increased confidence has made our lives so much more enjoyable and fun. I'm now able to run around with my kids and enjoy it. My son and I even ran home from kinder the other day!
Motivation Kept Me Going! I found that it was very important for me to set small goals, and for those goals to coincide with events in my life, such as birthdays and parties. It worked. Even if I didn't make it to a small goal in time, I always got extremely close. I had a major goal, of course, but with over 40kg to lose, it seemed so daunting.
I can run without going red in the face and feeling like I'm going to pass out. I can go out dancing with my friends without worrying about what I look like. Getting dressed and choosing what to wear every day is a lot easier because I'm pleased with what I see. I've learnt to love and appreciate my body, because it's the only one I'll ever have.
See more transformations at healthylifeawards.com.au
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BB reader Mark Olson says,
The CBS affiliate here in Kansas City (KCTV) just did an investigation into airport security, and proved that it doesn't matter what kind of ID you show when you try to board a plane, as long as the ID looks kind of real. So while people test the system and try to fly without an ID at all, I think the bigger story is that requiring an ID at all is a total sham security measure. The TV station made an ID from scratch and the screeners accepted it with no questions asked. They even have an interactive display on their website showing how they created it and all of the crazy stuff they included on it. Kind of funny and scary at the same time.Link


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The interior of the Earth is composed of three primary layers: the crust, the mantle, and the core. The outermost layer is the crust. This thin layer, composing only 1 percent of Earth's mass, is made of hard, solid rock. Beneath the crust is the mantle, a layer of solid and molten rock. The mantle is about two-thirds of the mass of Earth. The center of the Earth beneath the mantle is called the core. The core, almost one-third of the mass of the Earth, is divided into a liquid outer region and a solid inner region. Scientists speculate that the core is made primarily of iron and nickel. In this activity you will use a boiled egg to model a cross section of Earth.
Boiled egg (in its shell); Plastic knife; Small cup of water; Pushpin; Paper plate
- Look at the boiled egg and imagine that it represents the Earth. Look at the shell surrounding the egg. What part of the Earth do you think this represents?
- Dip the blade of the plastic knife in water and carefully cut the egg in half lengthwise. Do not peel the egg; cut through the shell as well.
- Examine the inside of one half of the egg. Set the other half aside for the extension activity.
- Use the pushpin to make a small indention in the center of the yolk in the interior of the egg.
Follow-Up Questions
- What does the shell of the egg represent? What does the egg white represent? What is represented by the majority of the egg yolk? What does the pinprick inside the yolk represent?
- How is the egg model similar to the real Earth? Which elements in this model are wrong?
- The eggshell represents the Earth's crust, the egg white is the mantle, the yolk represents the core, and the pinprick inside the yolk represents the inner core.
- Answers will vary and could include the fact that the egg and the Earth have similar layers, but the egg and the Earth are not exactly the same shape.
Gently crack the external shell of the unused egg half so that it has several broken segments. What do you think this now represents? Note that these segments can push against one another. What does that represent?


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Updated: 3/23/2014 6:28 pm
Lake Buena Vista, FL (SportsNetwork.com) - The Atlanta Braves placed five pitchers on the 15-day disabled list Sunday, including 2013 13-game winner Mike Minor and veteran Gavin Floyd.
Also shelved were starters Kris Medlen and Brandon Beachy, both of whom underwent Tommy John surgery last week and will miss the entire upcoming season, as well as reliever Jonny Venters.
Minor is still in the process of building arm strength after missing the early portion of spring training recovering from urinary tract surgery and battling a sore shoulder. The left-hander, who went 13-9 with a 3.21 earned run average in 32 outings last season, hopes to be ready sometime in late April.
Both Floyd, signed to a one-year contract by Atlanta over the winter, and Venters are still on the mend from Tommy John procedures performed last year. The Braves expect Floyd to join the rotation at some point in the season's first month, while Venters isn't slated to return until at least June.
Medlen had been tabbed to be Atlanta's Opening Day starter prior to hurting his elbow during a Grapefruit League game on March 9, with manager Fredi Gonzalez giving Julio Teheran the nod in his place.
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Conflict of Interest
News and Updates
Physician Payment Sunshine Act
Important Update:
Physicians have from now through September 8 to register in CMS' Open Payments system to review and dispute data submitted by applicable manufacturers before it becomes publicly available on September 30, 2014. For more information on the two-part registration process, go to http://go.cms.gov/openpayments.
Open Payments is a national disclosure program that will publish financial relationships between the medical industry and physicians on a publicly accessible web site, which will be available to the public in September. Information that will be made public includes payment for such things as consulting, speaking, honoraria, gifts, travel, lodging and research support.
Under the ruling, the term "physician" applies to doctors of
- Medicine
- Dentistry
- Dental Surgery
- Optometry
- Chiropractic Medicine
- Podiatry
- Osteopathy
Before data are publicly posted, physicians may review and dispute any data reported about them, provided they are registered with CMS.
Registration for physicians will be conducted in two phases for the first reporting year:
- Phase 1 (began on June 1) includes initial physician sign-up for the CMS Enterprise Portal. Physicians register to create a profile.
- Phase 2 (began on July 14) physicians can register in the Open Payments System, which will allow them to review and dispute data submitted by applicable manufacturers—prior to public posting of the data. Note: Any data that is disputed, if not corrected by industry, will still be made public, but will be marked as disputed.
To register with CMS, visit the CMS Portal.
After physicians register on the CMS Portal and in Open Payments, they may delegate an authorized representative who can review and dispute on their behalf. The delegate will also have to go through the CMS Portal and Open Payments registration process. Once the delegate has registered, they will need to accept the nomination as the physician's delegate.
What You Should Do Now
In preparing for Open Payments, physicians should:
- Keep accurate records of payments made from industry for such things as consulting fees, travel, etc.
- Make sure the disclosure with The University of Iowa is current (go to the eCOI system to view or update your disclosure)
- Register on the CMS Portal to create a profile
- Register on the Open Payments System and review information (if any) submitted by industry; dispute if necessary
Please note there may be inconsistencies between the CMS database and the UI Health Care disclosure database, due to different reporting timelines and payment categorization differences. Only individuals (the physician him/herself or his/her delegate) can view and dispute reported payments.
For additional information, visit the CMS Open Payments Program or the CMS Open Payments Program Frequently Asked Questions. The AAMC has also posted an "Open Payments Overview for Physicians" document.
If you have a question about the federal regulation on conflict of interest in research, please call the Conflict of Interest in Research Office at 384-4256.
Faculty and staff at University of Iowa Health Care have increasing opportunities to engage in professional activities with industry and other outside entities.
Such activities may improve patient care through the development of new products; strengthen knowledge and skills; and contribute to the growth and development of expertise. Yet care must be taken to ensure that relationships between UI Health Care employees and outside entities are free from any actual or perceived conflicts of interest.
To reinforce our commitment to upholding the highest possible ethical standards and to foster greater transparency, University of Iowa Health Care implemented a Conflict of Interest/Conflict of Commitment policy on July 1, 2009. A revised version of the policy is effective on January 1, 2014.
A summary of changes lists the major changes to the revised policy.
Disclosures of external relationships made by UI Health Care faculty and staff members are publicly accessible.
If you have questions about the policy, please contact the Conflict of Interest Office at 319-384-5252 or firstname.lastname@example.com
Disclosure Form
Eligible UI Health Care faculty and staff can access the online disclosure form here.
Additional Resources
- Frequently Asked Questions
- Text of the Conflict of Interest Policy
- References: Journal Articles and Other Links
- View UI Health Care Faculty and Staff Disclosures
- UI Conflict of Interest in Research Office
- UI Continuing Medical Education Division
- UI Conflict of Commitment
- UI Conflict of Interest in the Workplace
Contact us:
Conflict of Interest OfficeJoint Office for Compliance
University of Iowa Health Care
200 Hawkins Drive
Iowa City, Iowa 52242
e-mail: firstname.lastname@example.com


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Mecklenburg County Health Department 249 Billingsley Road Charlotte, NC 28211
Please do not send confidential information via email. 704-336-4700 Send an Email
Pregnancy Care Management (PCM) is a statewide program in N.C. promoting healthy mothers and healthy babies. This program provides care management services for high risk women during pregnancy and for two months after delivery by a social worker or nurse. Referrals are made to our program to provide additional support during pregnancy. Risk FactorsYou may be at risk if you:
PCM Services
You may be eligible if you:
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The existing facility boasts an artist studio, performance center, gallery and gift shop, but the grant will allow it to expand. In addition to the new classroom which will be made from salvaged metal and wood siding taken from a loafing shed dismantled on-site, the designers hope to incorporate a new amphitheater and outdoor public art space that will transform Artisan Barn into the destination for outdoor art in the region.
The barn's design takes inspiration from the surrounding vernacular while the fencing pays tribute to the region's iconic wheel fence (comprised of repurposed metal wagon wheels). We're particular fond of barn renovations that create a meaningful bridge between and contemporary society.
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Women's First Classic® Updated Scooter Jacket with Reflective Piping, Black
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Women's First Classic® Updated Scooter Jacket with Reflective Piping brightens at night to alert passing motorists!
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Skier Alex Bilodeau says it's his brother with cerebral palsy who inspired him in his quest for Olympic glory.
Bilodeau took the gold medal Monday for freestyle skiing moguls at the Sochi Games, repeating his victory four years ago at the Vancouver Olympics.
The Canadian athlete promptly celebrated by embracing his brother Frederic, who has cerebral palsy and was enthusiastically cheering on the sidelines.
"When I see him, he's my everyday inspiration," Bilodeau said of his brother who's become a recognizable face in Canada in his own right after a similar embrace at the Vancouver games.
"I wake up in the morning and it's rainy outside and I don't want to go train, I don't want to go out and ski. I look at my brother and if he had that chance he would go, he would grab it," Bilodeau said. "With the motivation that he has, if he would be a normal person like I have the chance to be, he would be three times Olympic champion. There's no doubt."
The gold will cap Bilodeau's skiing career. He told Canada's Global News that he plans to retire after the Sochi Olympics.
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Madame/sir: My name is Lisa griffin I also have Cerebral Palsy have troubles walking /and talking. And How can I attend the special Olympics like these kids? Just asking. Let me know . Lisa g.
What is "normal?" I work with adults who have disabilities, but normal is a word which eludes me. I like to think we are part of a very diverse and beautiful fabric, which makes up humanity.


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Article brought to you by: Catholic Online (www.catholic.org)Baptistry of St. John considered oldest Christian building in France
By Catholic Online
April 6th, 2011 Catholic Online (www.catholic.org) The Baptistčre Saint-Jean or the Baptistery of St. John in Poitiers is believed to be the oldest Christian building in France. It's located next to the cathedral and is definitely worth seeing. Originally constructed in the 4th century, the round baptistery was modified in the 6th and 7th centuries and decorated with frescoes a few centuries later. LOS ANGELES, CA (Catholic Online) - Baptism was administered in the River Clain, which runs about 100 meters from the baptistery In the earliest years of Christianity in Poitiers. Around 360, a baptistery was constructed by the bishop, St. Hilary in what would soon become the ecclesiastical center of the city. The construction of free-standing baptisteries was common in this period, before baptisteries or fonts were included inside churches. Over the centuries, many changes were made to the original structure. A round apse and transept with square arms were added in the 6th or 7th century. The arms of the transept were then transformed into the two small semi-circular apses, seen today around 1000 AD. At the same time, the narthex was modified to its present polygonal form. A baptismal tank was added in the 6th century but was filled in the 8th century. The walls were decorated with frescoes in the 11th, 12th and 13th centuries, remains of which can still be seen. Among the earlier paintings is a large depiction of the Emperor Constantine on horseback on the east wall. Frescoes depicting the life of St. John the Baptist were added in the 13th century. The baptistery was abandoned in 1791 during the revolution, then confiscated from the Church and sold to a private citizen who used it as a warehouse. It was saved from demolition by a public subscription, which allowed it to be repurchased in 1834. In addition to its interesting Early Christian architecture, the Baptistčre Saint-Jean features the ancient octagonal tank, 11th, 12th, and 13th-century murals, including "Christ in Majesty," "the Virgin Mary," saints, and "Constantine", and an impressive collection of Merovingian sarcophagi. Outside, don't miss the comical faces on the corbels and along the roofline of the orangey-pink exterior. Article brought to you by: Catholic Online (www.catholic.org) |


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WRIGHTSVILLE BEACH -- A pathway to the beach is the focus of a major controversy for some Wrightsville Beach residents.
The route known as Beach Access 33 has been around since the '60s. Until last year it was considered a public right-of-way, but once local residents discovered a legal right to the property, the struggle began.
Residents disagree over whether the pathway meets the criteria for "prescriptive use" -- whether the path has become public property after years of use -- versus the rights of the property owners.
Surfrider Foundation Spokesman Jim Mincher said, "I think Beach Access 33 should remain open. We've used it for 40-something years and I think it's our right to keep using it."
The residents claiming ownership of the path are now seeking a permit to erect a fence to close off access to the beach.


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By Melissa Frey
Well it's official, the nesting instincts have kicked in. With a day off and nothing major on the agenda, Tim and I were super excited to set up our crib. It took a little while to get all the nuts and bolts in place, but once they were, it was beautiful.
Being that I work in news, I've heard all the buzz about crib recalls. So just to be sure, I thought I should check the list and sure enough ours was there, in black and white.
I also learned that nine million cribs were recalled in the past five years and 32 infants and toddlers died from crib malfunction. The main issue is with drop-side cribs. The Consumer Product Safety Commission says the movable side can malfunction, creating a gap where babies can become trapped and suffocate.
Once at the company's web site, it was fairly easy to order an "immobilization kit", a repair kit that keeps the side that drops stationary. All I had to do was enter my model number and address, and they sent it out.
Curious about what other options are out there, I set out to talk to local store owners to see what they had to say about recalled cribs.
Alice Huff is the owner of the My Little Children re-sale shop in Eugene. They see several recalled cribs every week, most are the drop-side style.
"What our process is, is when someone comes in with a crib we check it for the recall immediately," said Huff.
About every month another manufacturer says their product is unsafe for your child. But just because it made the list, doesn't mean it has to be thrown out.
"They call and they get the recall kit, that kit is sent to them within about a week or two, and then they get the kit and they put it together, and then its fine," said Huff.
Not all recalled cribs are taken off the shelves, some are still available new. Fletcher's For Kids Store Owner, Ron Fletcher, says most of their manufacturers stopped making drop side cribs about a year ago, but you can still find a few around his store, but he says they're drastically marked down.
Ron says despite millions on the recall list, drop-side cribs are not necessarily unsafe.
"I tell people that my granddaughter sleeps in a drop side crib. So, I'm not concerned about it, but if a person is concerned, what the manufacturers are doing is offering kits that will make the drop side stationary, so it can't possibly drop," said Fletcher.
In addition to drop-side cribs, there are other models that provide the same convenience. Models made with a safety gate for example, is a safer way of making a drop side crib. But Ron says the most popular cribs these days are ones that can convert to toddler and full size beds.
The Consumer Product Safety Commission says they're developing a new standard to ban drop side cribs all together. They're hoping to have new regulations in place by 2011.


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BUCK is the uplifting and powerful story of a true American cowboy and real-life 'horse whisperer' Buck Brannaman, who travels the US for nine gruelling months a year, helping horses with people problems.
This award-winning, visually stunning film follows Brannaman from his troubled childhood to his phenomenally successful approach to horses.
His results are nothing short of a miracle, as he dramatically transforms horses and teaches others how to communicate with these majestic creatures.
Featuring contributions from those he has inspired, including Hollywood icon Robert Redford, BUCK is a moving story about an unsung hero, who has made an extraordinary life despite tremendous odds.


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The NYSBA Journal features substantive articles, relating to the practice of law in New York State, on business, criminal, elder, environmental, labor and employment, real property and trusts and estates law, as well as other general topics of interest to attorneys. Edited by David C. Wilkes, Esq., the NYSBA Journal is published nine times per year and distributed to members free of charge, as a benefit of membership.The Journal is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this Journal is strictly prohibited without permission. © New York State Bar Association. All rights reserved. ISSN 1529-3769 (print) ISSN 1934-2020 (online)To contact the NYSBA Journal: (518) 463-3200 or firstname.lastname@example.com contact the Journal Editor-in-Chief, e-mail David C. Wilkes at email@example.com share your comments, suggestions, and opinions use the Journal blog: http://nysbar.com/blogs/barjournal/ and click "comments."
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