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Some afternoon musings on Selection Sunday:
• Northwestern should go through the process, but barring a botched interview, athletic director Jim Phillips should hire Duke associate head coach Chris Collins. There are plenty of tremendous candidates out there, but Collins is ready for this job with his energy, connections and desire to make Northwestern relevant. Bill Carmody poured his life into this job but had so many unfortunate breaks. Forget about the track record of former Duke assistants or any other theories. Northwestern needs a new voice and enthusiasm -- the type that Collins can provide. The Wildcats have tried so many different ways to turn this program around, and now it's time for a younger approach. Plenty of assistants have thrived in their first coaching gig (Jamie Dixon, Brad Stevens, Mark Few, etc.), so you don't know if you don't try. If Collins is ever going to leave Duke, now is the time and this is the right job for him.
• The timing of Texas Tech firing six assistants except for interim coach Chris Walker was a bit odd. Athletic director Kirby Hocutt will interview other candidates, but Walker will get a fair shot to be the head coach. But it just seemed abrupt to do this and keep Walker. I thought the approach would be everyone stays for the next two weeks while Walker and others are interviewed, and then if Walker is hired, let him decide who is on his staff. Now if he's hired, he clearly can't hire any of the assistants back.
• Buffalo has been relevant under Reggie Witherspoon. He's a solid coach who is well respected by his coaching brethren. I was not alone in being surprised he was dumped. I'm not sure how many others would do a better job in such a tough spot.
|Jim Larranaga won the ACC regular-season and conference title this season.
• Miami's Jim Larranaga and Saint Louis interim coach Jim Crews should share national coach of the year honors. Larranaga won the ACC. Crews won the A-10 under extraordinary circumstances.
• USC has the potential to be a coaching domino. If I'm AD Pat Haden, I'm calling Josh Pastner of Memphis with his West Coast ties and unbridled optimism. I don't think Pitt's Jamie Dixon would go West.
• Siena should make a play for Carmody. He should bounce back like Bruce Weber did. If that occurred, don't be surprised to see him be a conference coach of the year candidate.
• FDU should look at Fred Hill now that he's no longer on Carmody's staff or a sleeper pick in Northeastern top assistant Pat Duquette.
• Old Dominion could end up being the major player in Conference USA with Memphis gone. If I'm AD Wood Selig and there isn't a deal to hire Dennis Felton, his former head coach from Western Kentucky, then I'm calling Al Skinner. Skinner, the winningest coach at Boston College, has been on our ESPNU Expert shows twice and is still dialed into the game and has the renewed energy to get back to coaching. He deserves a shot.
• I hope Richmond gets another chance in the postseason after the way the Spiders' season ended in Brooklyn.
• Georgetown coach John Thompson III said the Big East isn't going anywhere and neither is the Big East tournament. He's right. But I will be very interested to see if Madison Square Garden will sell out with the 10 teams coming to the new league next season.
• If the ACC wanted, it could put its tournament at Madison Square Garden or the Barclays Center. Book it.
• If you gave West Virginia's administration truth serum, I'm sure they would all say the SEC would have been better for the Mountaineers instead of the Big 12. But the offer never came.
• I'll repeat that Texas' Myck Kabongo should come back and play a full season.
• Michael Carter-Williams can be a special player next year at Syracuse. He needs to come back. His late-game decision making is still erratic.
• DePaul and Seton Hall better improve. They got pushed further down with the additions of Butler, Xavier and Creighton to the new Big East. And as good as the young talent is at St. John's and Providence, those two schools can't afford to slip, either.
• Memphis and Gonzaga should be applauded for not only running the table during the regular season but also in the conference tournament. That's dealing with the same teams that know each team extremely well and not losing a game. Not easy.
• Utah coach Larry Krystkowiak needs to build off the Pac-12 tournament momentum like Colorado did a year ago. I know the Buffs won two more games and a game in the NCAAs. But the Utes have the ability to make similar progress. The other "Coach K" is a winner and was the right pick for Utah.
• Good moved by the Mountain West to put down a new, neutral floor at the Thomas & Mack Center in Las Vegas. I know it's at UNLV, but making it at least seem neutral for the viewer is important for perception.
• Tommy Amaker's name will come up for Northwestern, USC and others. But every time I've talked to him, and those close to him, the same thing comes up: He really likes being at Harvard and so does his wife. Remember, Shaka Smart stayed at VCU, Few at Gonzaga, Stevens at Butler -- Amaker can lead the Ivy team of record for years to come. He made Harvard basketball relevant. He has a great quality of life. Why leave?
• UCLA had the look of a team that could make the Final Four on a four-game run with its talent and leadership at the point. Losing Jordan Adams is a terrible blow, but Adams can be a star in the Pac-12 next season.
• Arizona coach Sean Miller's postgame comments following the Wildcats loss to UCLA in the Pac-12 tournament were must-see TV. I loved Miller's honesty about the technical.
• Notre Dame's Mike Brey has been the perfect ambassador for the Irish during his tenure. He doesn't change, and even when he got upset Friday night and slammed the scorer's table after a late halftime Louisville 3-pointer, he was quick to apologize for it postgame. At a time when there was so much turmoil for a spell in football, Brey has been a consistent presence for hoops in South Bend.
• Arizona State's Jahii Carson is an NBA-level talent, but if stays next season, the Sun Devils can be an NCAA team. It's too bad if he doesn't give himself that shot.
• What would happen if the Kentucky players (not named Nerlens Noel), who aren't ready to play in the NBA (although I'm sure Willie Cauley-Stein, Alex Poythress and Archie Goodwin would be selected) returned? The Wildcats would have a scholarship issue but would also have the right veteran balance to pair with another star-studded freshman class coming in.
• Marshall Henderson and Andy Kennedy in the NCAA tournament? Good TV.


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My task is to make a 2D 8-bit game with a couple of friends. All of us are fairly novice programmers, and only I have any experience with graphics programming (just a little though), so this will mostly be a learning experience for us. So, I have a few questions...
- What is a good graphics library for our needs?
- Does Java have any native graphics capabilities or do I have to use additional libraries? If yes, how are they?
- Is Java a good choice for writing a game in? (we don't have to use Java)
- Will any graphics library allow you to make animations or any sort or do you actually have to code that kind of thing?
Thanks for your time.

subset: commoncrawl


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The Chief and his minions are wrong
Submitted by Helen Chiverton (not verified) on Tue, 06/17/2014 - 9:14am.
The Grand jury did not find wrong doing , so why are Officers Kaas and Brister still being punished? Chief Evangelous, Sterling Cheatham and Laura Padget are wrong in their quest to turn the local Law enforcement into a PC force. Padget feels the proposed Black and White police cars are too intimidating. That speaks volumes for her stunted mentality. The above action to punish a proven LEO team and coddle the maniac who drove left of center at excessive speeds speaks to why the City of Wilmington needs to retire Evangelous, Cheatham and Padget.


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Arizona to Ban "Annoying" Behavior on the Internet
You and I may not use profanity in our Facebook posts, but what about that crazy relative who puts up the funniest posts that sometimes cross the line? Almost no one approves of swearing, but with the exception of broadcasting during daytime TV and radio, it is not illegal. Now new legislation inArizonawould effectively make swearing on the internet a crime.
Sponsored by Democrats and liberal Republicans, Arizona House Bill 2549 passed both the House and Senate almost unanimously last week, and has gone back to the House for a minor change before being sent to Governer Jan Brewer to sign. The relevant part states:
It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.
It expandsArizonaanti-harassment laws beyond telephones and to the internet. The problem with this is that one person specifically telephoning another person is not the same thing as an anonymous comment on the internet. This kind of behavior goes on all the time on the internet. Every day on political blogs and news sites, some commenters get a little out of hand, and most website editors handle the problem by stepping in and deleting the offensive comments or leaving a comment warning people to tame their comments.
Words like "annoy" and "offend" are vague and could be interpreted broadly to prevent someone from simply engaging in political debate. What one person considers profanity another might not. Is the word "sucks" a swear word? What about "b.s.?" Plenty of families find those acceptable, while others do not. Even anonymous commenters could be liable, if an internet provider produces records tracing their IP address.
There is no way this legislation will survive a First Amendment challenge in court. The government cannot flat out ban all swear words, which is effectively what this legislation does in the internet realm. The courts have already carefully decided when and under what circumstances the FCC may prohibit swear words on broadcast TV and radio, and even those restrictions are now being reconsidered. Consider all the swear words on TV and in movies. Then think of what a mammoth task it would be policing the entire internet for swear words that reportedly annoy or offend someone, and to come up with the additional resources necessary to prosecute them. Anyone could get into a political debate with someone on a political website, use one swear word in their comments, and be considered violating the law. My own political website, IntellectualConservative.com, is technically full of violators. This is troubling since political debate is the bedrock of our country, Constitution and the First Amendment.
Political analysts are already predicting Republicans are going to loseArizonalegislative seats this election, and will lose at least one of the two Houses. Nanny state bills like this, where Republicans do not appear to be any different than Democrats, will do them in. Voters are not going to be happy when the state ends up spending thousands of dollars defending against a lawsuit everyone has predicted it will lose.
Media Coalition is leading the opposition to the bill, and hopefully the legislature will listen to reason and back down from this atrocious infringement on free speech. Opponents have created a mocking form to report these internet crimes, and are calling upon Arizona's Governor Jan Brewer to veto it. One of the bill's sponsors, Rep. Vic Williams (Tucson), a liberal Republican, defends it by calling his opponents "crackpots and conspiracy theorists."
Internet trolls have become the scourge of the internet. But just because we do not like someone else's free speech does not mean it should be made illegal. That is what the core of the First Amendment is about. Internet trolls are to the internet like TV advertisements are to watching television. If you do not like someone's behavior towards you on the internet, get a restraining order against them. I did. There are already laws in place against harassment and stalking. It is not necessary to add a duplicate layer of law that will result in the suppression of innocent political debate, and that will inevitably be used for political vendettas. It may be disguised as a nanny, but it is really Big Brother.
Also see...
Making a man believe that his child doesn't exist for decades is an unusually cruel thing to do. But for Tony Trapani, a secret letter he found after his wife...Read More
Rachel Alexander
Rachel Alexander is a Senior Editor at The Stream and Editor of Intellectual Conservative. She writes for Townhall, the Selous Foundation for Public Policy Research, the Christian Post, weekend news items for Right Wing News and occasionally for the UK Guardian. She is a recovering attorney and former gun magazine editor. In 2011-2013, she was listed as one of the 50 Best Conservative Columnists by Right Wing News.
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I know the local Fremont agents will be able to answer your questions better, but you can also take a look at
http://www.crimereports.com. You can put in the address and see any reported crime for different time periods.
If you plan to stay there 5-7 years, I would say there are no issues with that area. It may depend more on the actual management of the complex that could affect the long term value more than the neighborhood. Do they have adequate reserves? etc. Make sure to look at the HOA information and talk to neighbors about how well the association keeps up with the complex. Neighbors can also tell you about any issues with the apartment complexes.
If you need a referral for a really great agent in your area, please contact me through the trulia form.


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Video: How to Decorate for a Fall Dinner Party
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11 Beautiful Flower Bouquets to Celebrate the First Day of Spring
Get ready to revel in the sheer beauty of these arrangements by San Francisco florist Kiana Underwood.
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Finger food recipes, fun decorating ideas, and party themes the mother-to-be will love!
10 Beautiful Easter Table Decorations and Centerpieces
These enchanting table displays that celebrate the arrival of spring will get your Easter hopping.
14 Ways to Host a Great Easter Get-Together
Entertaining ideas for Easter that your friends and family are sure to enjoy.
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Like Clarion said
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You will feel like the contents of a FoodSaver bag.
'Course the opposite, inflation, can be rather good fun if you've got a couple of young nephews that need a raft. Exhale under the neck seal and become your own Man (or Woman) Raft. Just remember when venting to put your feet down first so your not held head down. Bad form.
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Kaworu, in a way, seems like he'd be pretty cuddly. At least, Shinji seems to think so. Either way, Neon Genesis Evangelion fans wouldn't protest at another chance to pick up some adorable new merchandise featuring Kaworu and the rest of the cast, especially a line from Sanrio! Hit the jump for more!
The Japan Animator Expo is a showcase of 30 shorts presented by Dwango and Evangelion creator Hideaki Anno's Studio Khara. This week's 12th returns to the subject of Evangelion and introduces Shinji to Shinji as Shinji Aramaki, the veteran director who worked with Anno on 1988's MADOX-01 and who is best known to international fans for the CG Appleseed movies, helms evangelion:Another Impact (Confidential). More after the jump.
Last December, plans were announced to release Neon Genesis Evangelion in an HD remastered Blu-ray box sets along with an Archives of Evangelion: Neon Genesis Evangelion Broadcast version DVD-box this summer, with original character designer Yoshiyuki Sadamoto providing art. This weekend, the release information was posted. The two versions are due out in Japan on August 25th at 38,000 Yen for the Blu-rays and 18,000yen for the DVDs. More after the jump.
In time for this October's 20th anniversary of Neon Genesis Evangelion, a crowdfunding campaign has launched with the aims of sending a replica Spear of Longinus to the moon. One day in, with cooperation from Google Lunar XPrize competitor Hakuto, promotion from actress/model/tv celeb/Eva spokeswoman Natsuki Kato and astronaut Naoko Yamazaki, and coverage on NHK, the effort has raised 30 million yen towards its 100 million yen goal.
Eva merch is getting into yet another market with Evangelion Automotive Accessory, set to introduce an AM/FM radio antenna based on Unit 01's trademark horn this year. The retractable piece is designed to fit on most Japanese cars, is tested for aerodynamic low air resistance and high receiver sensitivity, and painted in that famous purple color scheme with high-grade acrylic urethane.
Every other Monday, Man at Arms' team of blacksmiths and craftsmen build fans' favorite weapons, and this week the subject is Ryuko Matoi's Scissor Blade from Kill La Kill. Check out the results after the jump.
Bandai's official online store Premium Bandai today started accepting pre-orders for two "EVA x RODY" babies wears, "Eva-01 Coverall" and "Rei Coverall," which are collaboration items between the mega popular anime franchise Evangelion and Italian horse toy brand RODY. Check the details after the jump.
If you're in a relationship that you want to celebrate because you have something like Shinji and Kaworu do (even speculatively), you can now grab these anime-inspired "pair rings" based on Neon Genesis Evangelion. Hit the jump for more!
Following their post a look at Universal Studios Japan's Attack on Titan "Cool Japan" attraction, maidigitv has present their looks at the Evangelion 4D experience, which puts visitors on the battlefront of an angel attack via motion theater, complete with wind and water, along with their Resident Evil Real Escape Game and musician HYDE's appearance at the opening. Get a look after the jump.


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In what could turn out to be one of the biggest busts in blockbuster trade history, Andrew Bynum still has not taken the court with his new team, the Philadelphia 76ers. He battled through injuries while a member of the Los Angeles Lakers, but the 76ers did not think they were getting goods that were damaged this badly. Bynum, who is rehabbing his injured knees, says he is hopeful but still has too much pain in the knees to consider a return.
According to a USA Today report, Bynum's right knee is doing better than his left. Bynum says the left knee still has some pain in it when he walks. He does not want to rush back, and the Sixers don't want him to either. As much as the team would love to see Bynum on the court, they want to protect their long-term investment.
Of course, protecting their investment will not matter if he can't ever get healthy enough to contribute. It's too early to suggest that Bynum will not ever contribute for the Sixers, but it's not too early to see that as a possibility on the horizon.
Bynum is just 25 years old, and if he can get healthy, he has a long NBA career ahead of him. So far, though, Bynum has been unable to keep himself on the court. In eight NBA seasons (including the current season), Bynum has played a full season just three times. But when he's healthy, he is good. He is very good.
In his career, Bynum has averaged 11.7 points per game and 7.8 rebounds per game. When he played 60 games last season (nearly every game in the lockout-shortened season), Bynum was dominant. He averaged 18.7 points per game and 11.8 rebounds per game. That's the type of player Philadelphia was hoping they'd be getting. Instead, they are still waiting on their prized player.
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Chances are you've been mistakenly storing some of these foods in your refrigerator. Find out why they should really be stored on your counter or in your pantry instead.
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Machu Picchu Coloring Page
Travel the world without ever leaving your living room by printing out some of our Color the World! sheets. This one is all about Machu Picchu, a historic site in Peru that wasn't even discovered until the early 20th century!
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Dr. Joseph A. Cappa, MD
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Dr. Joseph A. Cappa graduated from the Mount Sinai School of Medicine in 1987. He works in Glastonbury, CT and 2 other locations and specializes in Gastroenterology. Dr. Cappa is affiliated with Charlotte Hungerford Hospital, Day Kimball Healthcare Inc, Hartford Hospital and Johnson Memorial Medical Center. He speaks English, Polish and Spanish.
Gender: Male
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Travolta donates to Nelson Mandela Children's Fund
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JOHANNESBURG (AP) -- John Travolta and wife Kelly Preston donated 70,000 rand (about $10,000) to the Nelson Mandela Children's Fund on Saturday, during their visit to South Africa, and spent some time singing and dancing with children the foundation has supported.
The children treated the "Hairspray" star, Preston and their daughter Ella to a drum concert and serenaded them with a poem titled, "Eyes in the sky, foot on the ground." Travolta later did a few dance steps with the children.
Casually dressed in a black jacket and a white T-shirt, Travolta talked about the importance of family life.
"Children keep you humble," he said. "Children keep you grounded."
South Africa's first black president set up the fund to provide a variety of services for children, including support for street children and the children of refugees. Its plans include a children's hospital to be built in Johannesburg.
In a recorded message played at Saturday's event, Mandela urged people to protect society's "most valued asset, its children." Travolta on Saturday urged other stars to use their status to contribute to Mandela's legacy.
Travolta, a spokesman for the Australian airline Qantas, will stay a few days in South Africa to support the Australian World Cup team.
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How can you judge someone
Submitted by brevard friend (not verified) on Thu, 06/20/2013 - 12:00pm.
How can you judge someone you don't know? I know Judy and she is a very sweet person. In my heart I feel she panicked or even was in shock, she was scared. Wouldn't you be? What she did is wrong I agree, and I feel so bad for the Tyler family.The loss of a child is a terrible thing to face and my heart goes out to them during this time. No one needs to judge anyone, let the court system do that!


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What is a Food Activist?
Food activism is a growing trend that puts the spotlight on our food sources and demonstrates just how detrimental the mass production of food can be. It is the process by which we learn more about where food comes from and what it takes to bring it to the modern consumer.


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VFW set to begin second half of season
The second half of the VFW baseball season begins today when Bemidji entertains Moorhead in a doubleheader beginning at 4 p.m.
Today's games represent the start of a busy two weeks as the Vets will play 14 games in 11 days. Another doubleheader with Moorhead, a makeup of an earlier postponement, also is likely to be scheduled during this time frame.
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text: Hey , Newbie to the site here! I'm currently in the process of planning our WDW Honeymoon and any advice or tips would be greatly appreciated. We are going for 3 weeks Nov 12th - Dec 3rd. I've got an idea of some things to do while there. I have already made a few character dining reservations! Any ideas on what we can do both in and out of the parks to make this trip extra special would be great. We did visit back in 2010 but didn't plan anything and missed out on a lot. I'm sure I will be able to get loads of great advice from here.


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text: CARY - Barbara Ann Bunn Earp, 71, died Thursday, March 5, 2009. The family will receive friends from 5 to 7 p.m. today (Saturday, March 7) at Apex Funeral Home, 550 West Williams St. (Hwy. 55), Apex. Funeral service will begin at 7 p.m. following visitation. A graveside service will be at noon Monday, March 9, at Pinecrest Memorial Park, Clayton.She was born in Zebulon to Sidney Glenn Bunn and Thelma Long Bunn.Surviving: husband, Thurman Waddell Earp; children, Sandra Trunick (Kevin) of Clayton and Tammie Earp Marcom (Rick) of Raleigh; sisters, Frances Tant of Knightdale, Hildreth Perry, Betty Privette, Becky Blackley, all of Zebulon; brother, Kenneth Bunn of Zebulon; and five grandchildren.She was preceded in death by a daughter, Gayle Earp Brown; brothers, Stanley Bunn, Wallace Bunn, Shelton "Shot" Bunn and Larry Bunn.Flowers are welcome.Condolences may be made to www.apexfuneral.com.


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thirty day notice to vacate because of child
Hello - I'm new here and need some advice! Please bear with me, as this may be a little long.
I moved into my 2nd floor apartment in 2002 with my fiance'. We didn't know it at the time, but the apartment building used to be a "Residence Inn" turned into apartments for rent. We were told when we moved in it was a "quiet community" but quiet it was definitely not. You can hear everything. The walls and floors are thin like a Hotel would be.
Over the course of three months we married and I became pregnant and had my baby in the fall of 2003. We have always been the play the the rules type. Conscious of other's around us, and never had any complaints on us. We aren't the partying types either. My husband works and I stay home with our child. We liked the community because even though it was loud, there were alot of families there. It also had nice gardens. It took me awhile to realize it wasn't really a good place for families to be living. Apartment managers were being changed out every six months or so. It seemed like the one's we would get were in and gone all of the time. I couldn't keep up. One manager we had was always yelling at children playing outside to stay off the complex grass.
In the fall of 2004, our baby begins walking and new tenants move in beneath us. Time passes and she grows, begins to get better with walking and running. Usual play, nothing loud or unabated. Nothing unreasonable. We followed the quiet hours which are 10:00pm to 8:00am and pretty much conditioned our child to do so by getting her in a routine of settling down around 8:30pm each night with lights off by 9:30 pm.
In June of 2005, the tenant comes upstairs to tell us she got a job in which she has to go to bed at 8:00pm and get up early, and said our daughter was too loud above her if she was in the bedroom (above her bedroom). So I told her I wouldn't let our daughter play anymore or run through the bedroom at 8:00pm - on. I didn't mind making this concession for her because I wanted to be respectful, so we made this our own personal house rule and stuck to it for the woman downstairs. She also has two children of her own, one child six years old and another is 8.
Everything moved along fine through the summer, fall, and part of the winter with no other complaints from this tenant. I continued to follow my deal with her, quiet hours, and making sure my child's noise wasn't unabated or unreasonable. Once toddlerhood approaches it's more difficult however and when tantrums are in full force it's really hard to keep little ones silent for the quiet enjoyment of others. I laid down extra rugs everywhere on top of our carpeting to help muffle sound. I knew how loud footsteps were from the people above us!
I didn't allow rolling toys, and only let her have her trike to ride out doors.
The trouble began in mid January 2006. The tenants below had a surround sound type of system and large plasma screen installed into their apartment beneath us. We could see it because when you walk past their apartment on the path to our parking lot, their blinds would be all the way back and one could see the huge set up. To be honest I thought it was cool! Cool, until they began playing it at concert decibles around 11:00pm at night! It would rattle and shake the walls. The floor, vibrated beneath my feet, even over all of those rugs I had laid down. This continued a week. I told my husband to let it go. I figured it was just a new toy and they would get over it and turn it down, but it actually continued to a point of waking up my daughter. I had to wonder why the tenant stopped going to bed at 8:00 as she said she did as well.
After two weeks went by of this, my husband (who works third shift) was off work and ready to get some sleep one night. The tenants had their sound up so loud, my husband said "that's it!" and calmly went to the call box out front to phone them and ask them nicely to please turn it down. When the woman answered, she said he had the wrong apartment and hung up on him. He went back inside and walked down the hall way and it was definitely coming out of her apartment. It could be heard loudly outside and in. We can't believe no one else was bothered by it!
He tried phoning her again to try and be nice about it, but she angrily hung up on him again.
So, we wrote a note to our manager about it, asking her to please turn down her tv late at night.
This is when everything blew up. The manager immediately slapped the tenant below us with a warning. And after that happened, the tenant began phoning complex security on us every time my daughter was playing anywhere from 6:00pm to 8:00pm. She would tell security we were all too loud upstairs so they would come and tell us to be quiet.
One time we went to the store, came home to find security in the hallway waiting for us. He said there was a noise complaint, however we had been gone for 2 hours. This woman just started using security to retaliate against us. And then the manager called us to her office for a meeting to ask us what was happening. We explained that we weren't doing anything differently, and didn't know why suddenly the tenant beneath us was making noise complaints on our daughter. The manager said she would investigate it and get back to us. Days later she told us not to worry about it, that the woman downstairs is just angry because she was warned about her noise level.
It didn't stop there. On Valentines day we all went to dinner and to visit family. We were gone for six hours. The next day, we found a warning slip taped to our door from the manager stating we had an "Unruly Child" and to see her in the office for a meeting.
Apparently when we were gone, the neighbor lady phoned security and made another report saying our daughter was jumping on the floor and was disturbing her peace. But we were gone, making the report another false one. I was VERY angry by now. We had to provide proof of our whereabouts to prove to the manager that we were indeed gone. I had our dinner receipt, a shopping receipt, and had my sister in law phone to explain family was in town and we were all out together.
I thought this would put an end to the problems and show that the woman downstairs was using security to retaliate against us. We could hear her on her balconey one night complaining about how she couldn't listen to her tv but she had to listen to our child's jumping and running. I swear she was the one sounding like a child.
I DID feel badly about this because I didn't feel she deserved a warning to begin with. I WANT to get along with my neighbors. I just wanted the manager to ask her to turn it down, not slap her with a written warning.
The problems continued on. She stopped phoning security and began a letter writing campaign of her own to the manager about us.
By the last week of February, we came home one day to find a Three Day Notice to Perform Covenants or Quit the apartment. The notice said we had to control our child's noise. I was pretty much freaking out then, because I knew this was a prelude to a 30 day notice to vacate. How in the world I was to control my child was beyond me. My child wasn't making unreasonable noise, however that is not what the tenant below was writing to the manager.
We met with the manager again on this and she read an excerpt of one of the letters the woman had written about us. She said, "I feel terrorized and tormented in my apartment. These people are evil and vicious. I fear for my life. My daughter is tormented and can't sleep at night because these people are up all night long making so much noise."
We were truly exasperated. I mean... I was in shock over the letter because we certainly are not up 24 hours a day making noise and my child sleeps all night. The letter went on to state she had to go to a doctor to get sleeping pills because of our daughter.
We had a brief heated discussion with management about how to control our child when our child is just a toddler. We were told to take our child outside if the noise level went up. This was confusing as the noise level had not changed in the entire year since the tenants had been living beneath us. Also, it was rainy, windy, and stormy. Too cold to take our child outside. The manager began to side in with the other tenants and told us we had to do something because the tenant felt tormented by our child.
We tried explaining this was retalitory and to look back on all of those false security reports made on us. It seemed to not matter to the manager.
We got an attorney but the attorney told us to investigate to see if all familes were treated this way in the complex. We didn't find anyone who really was except one woman was told to keep her kid quiet after quiet hours, which I feel is reasonable. The attorney told us that what management was doing was illegal because apartments cannot make rules against children. But something inside of me still worried.
We were approached by management March 1st about moving to a ground floor apartment. We agreed to do so. The apartment was to open up on May 1. I had no problems in going to the ground floor, whatever it took to find a resolution.
Meanwhile, the woman downstairs was still angry and decided to write the owners a strongly worded letter about our daughter. Before we even had the chance to move to a ground floor, the manager came knocking at our door last week with a 30 day notice to vacate. I began to cry and felt really upset because I felt like this was unfair. The manager actually laughed and said there was a sea of apartments out there. I thought, how can this be funny? We have lived here for years and didn't want to give up our home. I was already willing to move to a groundfloor. I asked the manager if we could wait and do that and she said she couldn't because it was all coming down from the owners to vacate us. The owners even faxed a note to the manager to give to us that said, "And do not torment the neighbor below you during the last month of your tenancy here with us". I am still upset over that!!! I do NOT torment people.
Then the attorney tells us to stay in the apartment, refuse to go, and let ourselves get an unlawful detainer and we would all go to court. Well, no thank you. I refuse to risk getting an unlawful detainer on my credit record. No one will rent to a person that has that on record.
I found another apartment Saturday morning that I really liked. They had a 2 bedroom ground floor open. We decided to jump on it and put a deposit down.
I'm still worried however that once we move, someone else is going to have some issue with my daughter's noise. I sit here in disbelief because I wonder how it all came to this. I feel sad to lose my home, my neighbors next to us that we see all the time, and it's really hard to just pick up and go, but I have no other choice it seems.
I purposefully chose a ground floor this time in hopes we do not have this problem again. Now I worry the people above us will not like hearing our daughter.
Any thoughts on my situation, or advice on ground floor apartment living? Will her noise travel upwards as easily as downwards? It's a concrete flooring with very padded carpeting at the new place.
I'm feeling so anxious I'm going to be going through this all over again. :(
Thank you.
I'm sorry to hear about your situation. It really stinks when good people who are trying to be cooperative end up on the sour end of these things. Maybe instead of writing a letter to the owners about this, write a letter to the editor of your local paper warning future tenants about your problems there. And given everything you've had to go through, I would almost say it could be worth it to talk to your attorney about sueing the woman below you for your moving expenses as it is her lies that are causing you to have to move. And obviously she's caused some mental anguish there. Just a thought since it sounds like you have proof of her harassment.
As for noise in your new place, I wouldn't be as worried about noise traveling up. But to be on the safe side, why not introduce yourself to the upstairs neighbor when you move in? Good luck to you.
I'm going to be speaking with our attorney on Monday. I don't know what can be done.
I just want to move away from here and pray everything goes better at my new place. I feel like my home was stolen away from me.
I'm also very very upset. A year ago, our next door neighbor had a girlfriend who was drunk and angry at him. She was down on the sidewalk screaming up at his apartment in the middle of the night and throwing rocks. One of the rocks hit my bedroom window and cracked it. I made a written report on this way back then and my window never did get repaired.
Now, the manager is telling us WE have to pay for HALF of the damage on that window. How in the world am I responsible for a window I didn't damage? I told her to look in our file and see that we didn't do this.
I truly sense my problems at this apartment will not be over, even after I move.
I was also told by a woman who is the process of moving that she is only getting $100.00 of her $600.00 deposit back because the manager did a walk through and said she had to charge for painting, carpet cleaning, new blinds, and a new toilet seat. I went inside of her apartment and looked around. Her apartment was IMMACULATE other than the blinds being a little bit tinged with wear and tear. White blinds are hard to clean anyway, especially when they are nearly 10 years old.
I just know I won't see my deposit back either. This place is a joke.
On top of all of this, I receive a note from the owners taped to our door warning us "Do not torment the tenants below during your last 30 days of tenancy."
My husband was IRRATE at this accusation. I have never tormented a person in my entire life! He went to speak to the manager about the note and he asked her, "Do you think my wife and I are really the type of people who would torment a person?" He said she just shrugged her shoulders and told him she was just doing her job.
I feel like my rental history here is ruined thanks to the insanity of these people below us.
Tell that person who is being charged for painting and cleaning that that may be illegal. Here in Michigan painting and cleaning the carpet is part of the cost of doing business, and it is illegal for a landlord to charge a tenant for such things as it's part of normal wear and tear.
I agree w/ Judi_e--in most jurisdictions will not allow the landlord to charge a tenant for repainting or carpet cleaning or toilet seats.
Broken windows, yes, if you break them.
what a bummer for you! I'd vote for finding a way to put the whole thing behind you, as fast as you can, even if it means not suing, etc.
The goal is your emotional and mental well-being, and dwelling in that past experience won't be good for you. Consider yourself lucky to be able to get away from these people--manager AND tenant AND owner.
My attorney says I have a case and could sue on the grounds that "excessive and unabated noise" has not been proven and the management's investigation is faulty. He also says that if my child's noise is not excessive, then we are being discriminated against for having a child. In that case, I need to see if other families in our complex suffer the same issues or warnings that I have.
I am so physically and emotionally exausted from this, I'm not sure I have the strength to continue with a law suit. Not mention my husband works third shift.
I just feel sooo wronged on many levels and I do agree I'm lucky to be getting away from the manager, owner, and tenant.
Thank you!
Wow, I just read your story. That is TERRIBLE! I agree with everyone else -- you are being discriminated against and I think it is worth suing them. But you have to weigh the emotional and time costs of suing. If you have the time and you think it will help protect someone else in the future as well as provide some closure to you, then do it. If not -- if it will only add to your stress -- and you think you can let it go, then move on to your next apartment and enjoy your life.
I will tell you that we almost moved into an apartment in which this could have been us. We needed to find a bigger apartment because we were planning to have a baby. We found one that we thought we liked, though it was a bit expensive for us. We negotiated the rent down a bit and signed the lease. That night I had a panic attack about it because the owner of the apartment, who lived below this apartment, had gone on and on about the previous tenant who had a child that cried a lot. He said something about not knowing our plans but assumed we wouldn't be the same kind of tenants. It worried me because babies cry. You have no idea what your child's temperment is going to be like and I realized that if we were lucky enough to get pregnant and have a baby, this guy and his wife could potentially make our lives miserable (including but not limited to increasing our rent significantly). The next day we backed out of the lease (at great expense to us). Several months later, we found an even better apartment (and I was pregnant by then) that was less expensive. The landlord is a peach. I have asked him numerous times whether my son's crying or his toddling (or his periodic sippy cup drops from his high chair) bothers him or his brother. He always responds by saying things like "babies cry" or "I hope we aren't too loud for you!" It is SO nice to be in a space where you can just live your lives and not have to worry all of the time. We are all respectful of one another as well as understanding. It makes such a difference! I hope this new apartment will provide you with the same kind of safe-haven we have found with our apartment. You deserve it!
But, just in case you find that someone complains about noise in your new place, you can always try corkboard for the ceiling....
Hang in there! I am sure this nasty woman who has forced this on you will have her day. Her negative energy is bound to come back and bite her in the bum one of these days...
I don't think I'd sue; you might have trouble proving a pattern of discrimination. And I don't think you're technically being discriminated so much as harrassed--which is not tort, but criminal law.
After the second time she complained when you weren't home, you might have been able to persuade the district attorney or the cops to bring charges--or at least investigate her actions, which might have scared her off, and indicated that you weren't to be trifled with.
Now, just get out of there. Let it go. Focus on the future. Find something about the new place to love more than the old.
I would just continue on, do you really want to live in a place with landlords like that? Children are a natural part of life, and wonderful, being in a concrete building will make a huge difference all around, as well as being on the main floor.
good luck with everything.
Hi. I am so sorry to hear of your situation! I lived in a 2nd story apt. when my daughter was a toddler also, but thankfully had a family with a daughter of around the same age below us, so we both understood there might occassionaly be some noise, although she said she rarely heard much from us. We could have been a LOT less fortunate.
I would not sue the apartment complex. It isn't worth your time, really. However, if you had the energy I *would* take the tenants below you to small claims court for any moving costs you incur, and possibly even pain and suffering (emphasis of course on the suffering). It is relatively cheap to file a small-claims lawsuit, and it would hopefully send a message to this lady that you can't go around causing huge problems for people just because they look at you cross-eyed. Because she WILL do this again to someone else who complains about her unless someone sends her a message that it could be costly to torment someone (because it was HER who did the tormenting, not you).
Just my 2 cents (or 25 cents...lol)


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THE HARMONIE GROUP PRODUCT LIABILITY ATTORNEYS FOR THE FOOD INDUSTRY IN SELECT STATES THIS CONSTANTLY CHANGING AND HIGHLY TECHNICAL AREA OF THE LAW POSES SUBSTANTIAL RISK TO PROFESSIONALS IN BOTH THE PRIVATE AND PUBLIC SECTORS. THESE HIGH STAKES CASES REQUIRE QUALIFIED REPRESENTATION. Tim Violet, Executive Director 651-222-3000 www.harmonie.org AVAILABLE IN BOTH PRINTED AND ELECTRONIC FORMAT PLEASE CONTACT US SHOULD YOU NEED ADDITIONAL COPIES JANUARY 2005 ALABAMA William C. Wood email@example.com 205-259-1031 Norman, Wood, Kendrick & Turner Financial Center, Suite 1600 505 20th Street North Birmingham, Alabama 35203 Norman, Wood, Kendrick & Turner attorneys have been involved in multiple facets of matters involving the food industry extending beyond personal injury and product liability claims. Mr. Wood's family has owned and operated the largest independent institutional food service distributor in the southeast for four generations providing the firm with many valuable contacts in the food industry. CALIFORNIA Thomas M. Downey firstname.lastname@example.com 510-835-6716 Charles Alfonzo firstname.lastname@example.com (510) 835-6823 Lisa Cappelluti firstname.lastname@example.com 510-835-6820 Richard Finn firstname.lastname@example.com (510) 835-6821 John Verber firstname.lastname@example.com (510) 835- 6817 Burnham Brown 1901 Harrison Street Suite 1100 Oakland, California 94612 Burnham Brown has extensive experience defending a variety of clients, ranging from major fast food chains, hotels and destination resorts to local retail grocers, confronted with claims involving both food borne pathogens and foreign objects. Lawsuits have involved E. Coli O157:H7, Amoebiasis (Entamoeba histolytica) and salmonella pathogens. We are also familiar with and capable of handling cases involving staphylococcus aurous and campylobacter commonly associated with poultry. More serious claimed injuries we have/are defending against include dysentery, premature labor and death of fetus. Attorneys specializing in these cases include a partner with a Masters Degree in Public Health. Our lawyers are familiar the medical tests and pathology necessary to prove exposure, incubation periods of various bacteria and other key issues. We have also assembled an excellent group of experts in relevant disciplines, including microbiology. CALIFORNIA (Continued) Fred Trester firstname.lastname@example.com (213) 624-6900 Jeff Lenkov email@example.com (213) 624-6900 Manning & Marder, Kass, Ellrod, Ramirez 660 S. Figueroa St., 23rd Floor Los Angeles, CA 90017 Fax: 213-624-6999 Mr. Trester and Mr. Lenkov have handled a variety of food and food related product liability cases over several years for a number of restaurants, restaurant chains, grocery stores, and their respective insurers. Floyd J. Siegal email@example.com 818-784-6899 Spile & Siegal, LLP 16501 Ventura Boulevard Suite 610 Encino, CA 91436 Fax: 818-784-0176 Mr. Siegal and members of his firm have defended a number of product liability cases on a wide variety of products. Recently Mr. Siegal defended an insured of Lombard of Canada on a food related case involving allegedly tainted oysters. The client was absolved. COLORADO John E. Clough firstname.lastname@example.com (303) 607-0077 Cooper & clough, PC 1512 LARIMER ST. STE 600 DENVER, CO. 80202 FAX. (303) 607-0472 FLORIDA John A. Campbell email@example.com (954)761-8600 Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A. One Financial Plaza, 9th Floor 100 SE 3rd Ave, Suite 900 Fort Lauderdale, FL 33394 Fax: (954) 525-2134 Mr. Campbell has experience in handling food related cases. Reinald Werrenrath III firstname.lastname@example.com 407-843-2111 Jeffrey Kirsheman firstname.lastname@example.com 407-843-2111 Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap 20 North Orange Ave. Suite 1500, P. O. Box 712 Orlando, FL 32802 Fax: 407/422-1080 Fisher-Rushmer has represented various parties in several food product cases including Tropicana, Suramn Trading Co Inc (supplier to Walt Disney World), Martin Brower (beef supplier to McDonald's), and Marketfare (supplier to Sav-a-Lot food stores). The cases have involved e-coli, salmonella, and ETEC claims and all have been successfully settled before trial on favorable terms. GEORGIA G. Randall Moody email@example.com 404-885-6223 Steve Miller email@example.com 404-885-6316 Drew Eckl & Farnham P.O. Box 7600 Atlanta, Georgia 30357 Fax: 404-876-0992 Drew Eckl & Farnham have handled many cases on what Georgia law broadly refers to as adulterated food. The cases have involved claims at each level of production from farmer/grower/producer to wholesaler to packer to retailer to sellers such as restaurants. Cases have involved claims of food poisoning/unwholesomeness as well as food contamination and foreign objects. Most of the claims have been resolved by motion or favorable settlement after discovery efforts to show no causation (food poisoning) or liability (foreign objects or contaminants in food). Some of our best efforts have been to forestall multiple suits in alleged epidemic situations through use of prompt investigation and medical evidence gathering to use in discussions with governmental health authorities. Recently, we were faced with allegations of a food poisoning outbreak at a convention. We retained medical experts, took statements, and then met with county food safety officials to obtain a tacit admission that epidemiology and evidence did not exclude all other possible causes of illness so that the illness could not be localized to food served by our client. The statute of limitations has nearly run on what is estimated to have been as many as 250 possible claims of various severities. Representative clients include: Rare Hospitality Management, Inc.; Crestline Hotels and Resorts, Circle K Stores, Inc.; Super Discount Markets, Inc.; Greenwood Packing, franchisees of Burger King, KFC, and Blimpie along with insurers of cereal and other food and beverage manufacturers. Jury verdict wins include KAREN FRANK vs. SUPER DISCOUNT MARKETS, INC., d/b/a CUB FOODS; and GREENWOOD PACKING PLANT, Civil Action File No. 95-VS-99654-G, State Court of Fulton County, Georgia. Plaintiffs alleged a variety of injuries and illnesses from ingesting meat from a ham from a hog raised, slaughtered, packed, and sold by the defendants. Plaintiffs claimed millions of dollars from the jury and jury awarded less than $1,000 total for all three plaintiffs. HAWAII Paul Yamamura firstname.lastname@example.com 808-523-6969 Yamamura & Shimazu Central Pacific Plaza Suite 1770 220 S. King Street Honolulu, HI 96813 Fax: 808-599-5580 Mr. Yamamura and his firm have defended a wide variety of product claims. These claims have included food cases for local restaurants, McDonald's Corporation, and local supermarkets and food vendors. IDAHO Don Farley firstname.lastname@example.com (208) 395-8500 Richard E. Hall firstname.lastname@example.com (208) 395-8500 Hall, Farley, Oberrecht & Blanton, P.A.702 West Idaho, Suite 700 Key Financial Center P.O. Box 1271 Boise, ID 83702 Hall Farley Oberrecht & Blanton has considerable experience representing insureds, self insureds and insurer's in the food and beverage industries. Cases in which the firm has served as defense counsel have ranged from e-coli claims, foreign objects in vegetables and fish as well as beverages, exploding containers, to mislabeled or misbranded foods. Representative clients include McDonalds, Taco Bell, Coca Cola, Charthouse Restaurants, Frito-Lay and others. In addition to those listed above and in the Harmonie Directory: contact Kevin J. Scanlan or J. Kevin West. ILLINOIS Robert Varney email@example.com 309/827-4444 Sanchez & Daniels /Robert T. Varney & Associates 121 North Main, 4th Floor Bloomington, IL 61701 Fax: 309/828-3536 Mr. Varney has litigated many product liability cases in the food industry. He has represented a variety of clients including the representation of Borden in an alleged contamination of Mrs. Grass noodles. INDIANA Lloyd H. Milliken Jr. email@example.com (317) 237-3822 Kevin Schiferl email@example.com (317) 237-3822 LOCKE REYNOLDS LLP Counsellors at Law 201 N. Illinois Street, Suite 1000 P.O. Box 44961 Indianapolis, Indiana 46244-0961 (317) 237-3900-fax www.locke.com Over the years, the law firm of Locke Reynolds has handled many product liability cases for the food industry including defense of McDonalds, Hardee's, Coca-Cola, Pepsi, Kroger and Taco Bell. In addition to his extensive defense experience, Mr. Kevin Schiferl has been invited to be a presenter and speaker at the annual meeting of the National Food Processor's Association. IOWA David H. Luginbill email@example.com 515-246-0325 (515)243-7611 Steven L. Serck email@example.com (515) 246-0333 Ahlers & Cooney P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Web Site: www.Ahlerslaw.com Fax: (515)243-2149 Ahlers & Cooney PC has extensive experience defending food industry producers and distributors as well as restaurants in food product liability cases. Client representation has included Coca-Cola Enterprises Inc, Kraft, Nabisco, and Schwan's. KENTUCKY John L. Tate firstname.lastname@example.com (502) 587-3400 Stites & Harbison, PLLC 1800 Aegon Center 400 West Market Street Louisville KY 40202-3352 (502) 587-6391 Fax Stites & Harbison defends a broad spectrum of litigation involving alleged contamination of food and drink. Our clients range from national manufacturers--such as Tyson, Kentucky Fried Chicken, Taco Bell, Frito-Lay, Pepsi-Cola General Bottlers, Inc., Coca-Cola, Brown-Forman, and National Distillers--to colorful local stores like D & G Buster Burger. We can help coordinate federal and state investigations of tampering or contamination, and we can provide food industry experts in biology, chemistry, and toxicology. LOUISIANA Lee H Ayres email@example.com Scott L. Zimmer email@example.com Cook, Yancey, King & Galloway, APLC 333 Texas Street, Suite 1700 P.O. Box 22260 Shreveport, LA 71120-2260 Telephone: (318) 221-6277 Fax: (318) 227-7850 Lee H. Ayres has been practicing law for over sixteen years. He has extensive experience in defending food-related product liability claims. The allegations in these claims have included ingestion of deleterious substances; contamination of products with foreign materials; contamination of products with unfiltered natural materials; product loss or contamination during distribution; and warehouse defects leading to contamination. Mr. Ayres has also defended claims on behalf of merchants, retailers and manufacturers. His clients have included Southeast Foods, Inc., which owns or is affiliated with a chain of retail grocery stores in Louisiana, Mississippi and Arkansas; various McDonald restaurant franchises; various Burger King restaurant franchises; and owners and operators of restaurants and convenience stores. Scott L. Zimmer has had over six years of experience, wherein he has defended a restaurant food poisoning case, and three food poisoning cases involving Southeast Foods, Inc. He has also represented a subsidiary of Tyson, PBX, in an East Texas 18- wheeler accident. MAINE James M. Campbell firstname.lastname@example.com (617) 241-3060 Brian P. Voke firstname.lastname@example.com (617) 241-3042 Campbell Campbell Edwards & Conroy One Constitution Center Third Floor Boston, MA 02129 Tel: (617) 241-3000 Fax: (617) 241-5115 www.campbell-trial-lawyers.com The defense of food related claims is a significant part of the practice of Campbell Campbell Edwards & Conroy. The firm represents food manufacturers, processors, suppliers, and distributors, as well as corporations engaged in the hospitality industry, in cases brought under theories that include product liability and breach of warranty. The firm is currently defending a food processor from claims that hamburgers sold to a summer camp by the food processor caused five campers to contract E. coli infections. Campbell Campbell Edwards & Conroy has successfully defended a number of other actions involving allegations of food-borne disease, including yersinia and salmonellosis, adulterated food, and hot beverages, as well as associated environmental concerns. Representative clients include: Capital Grille, Marriott International, Inc., and Tyson Foods, Inc. Rob Lanney email@example.com (603) 223-2863 Ed Kaplan firstname.lastname@example.com (603) 223-2863 Sulloway & Hollis, P.L.L.C. 9 Capitol Street P.O. Box 1256 Concord, NH 03302-1256 603-224-2557fax Sulloway and Hollis has represented the food industry in a variety of litigated claims involving allegations of food poisoning, foreign objects and contamination of food and drink. MARYLAND Brian Goodman firstname.lastname@example.com 443-524-1739 Fedder & Garten P.A. 36 South Charles Street Suite 2300 Charles Center South Baltimore, MD 21201-3177 Mr. Brian Goodman has defended numerous food product liability cases over the past twenty years. He has represented Tyson Foods, Carlson Restaurant Corporation (TGI Fridays), The Great Atlantic and Pacific Tea Company, and others in a variety of tort actions in the State and Federal Courts in Maryland. Mr Goodman has litigated and taken to verdict over 35 jury trials, and has had numerous food related cases decided on Motion prior to trial. He is an AV rated lawyer and is a member of the IADC, the DRI and the Maryland Association of defense Counsel. Monte Fried firstname.lastname@example.com (410) 659-1312 Steve White email@example.com 410-659-1304 Wright, Constable & Skeen, L.L.P. One Charles Center, 16th Floor 100 N. Charles Street Baltimore, Maryland 21201-3812 (410) 659-1350 fax MASSACHUSETTS James M. Campbell firstname.lastname@example.com (617) 241-3060 Brian P. Voke firstname.lastname@example.com (617) 241-3042 Campbell Campbell Edwards & Conroy One Constitution Center Third Floor Boston, MA 02129 Tel: (617) 241-3000 Fax: (617) 241-5115 www.campbell-trial-lawyers.com The defense of food related claims is a significant part of the practice of Campbell Campbell Edwards & Conroy. The firm represents food manufacturers, processors, suppliers, and distributors, as well as corporations engaged in the hospitality industry, in cases brought under theories that include product liability and breach of warranty. The firm is currently defending a food processor from claims that hamburgers sold to a summer camp by the food processor caused five campers to contract E. coli infections. Campbell Campbell Edwards & Conroy has successfully defended a number of other actions involving allegations of food-borne disease, including yersinia and salmonellosis, adulterated food, and hot beverages, as well as associated environmental concerns. Representative clients include: Capital Grille, Marriott International, Inc., and Tyson Foods, Inc. MICHIGAN Mark Shreve email@example.com 248-641-7600 1111 West Long Lake Road Suite 300 Troy, MI 48098 FAX: 248-641-0222 MINNESOTA Brad Jones email@example.com 612-338-0661 Michael Hutchens firstname.lastname@example.com 612-338-0661 Meagher and Geer, PLLP Attorneys at Law 33 South Sixth Street, Suite 4200 Minneapolis, MN 55402 612-338-0661 Fax: 612-338-8384 www.meagher.com Mr. Jones, Mr. Hutchens, and the attorneys at Meagher and Geer have extensive experience in Food Product Liability Litigation over the last 30-40 years. They have successfully handled E coli cases, ground beef processing cases, turkey hatchery cases and large commercial food packaging cases. Attorneys at Meagher and Geer regularly defend product liability claims involving both personal injuries and commercial loss. Representative clients include Schwans, Belmark, and Carneco, among others. MISSISSIPPI Lee Davis Thames email@example.com 601-985-4517 Mike McWilliams firstname.lastname@example.com 601-985-4562 Bobby Miller email@example.com 601-985-4575 Dan Jordan email@example.com 601-985-4576 Butler, Snow, O'Mara, Stevens & Cannada, PLLC 210 E. Capitol Street, Suite 1700 P.O. Box 22567 Jackson, MS 39225-2567 601-948-5711 Butler Snow attorneys have extensive experience in product liability cases for the food industry and have defended numerous cases involving both food processing equipment and claims for injuries resulting from adulterated products. The firm has represented clients on a local, regional and national basis, some of which include the FMC Corporation, Di Food Service Companies, Groen, Inc., Campbell Soup Company, Star Kist Tuna and Sysco Food Services. NEBRASKA Jerald L. Rauterkus email@example.com 402-397-2200 Erickson & Sederstrom, P.C. 10330 Regency Parkway Drive Omaha NE 68114 Fax: 402-390-7137 Mr. Rauterkus has extensive experience in product liability litigation over the last 20 years. This has encompassed self insureds and well as insurance defense. Included in this products liability work has been the defense of restaurants as well as food producers. Examples of specific cases include defense of Denny's Restaurant in suit in which a woman claimed to have been poised by tea, damaging her vocal cords and necessary in her teaching profession; defense of a local restaurant serving wild game against a claim that improperly cooked venison resulted in the death of a fetus. Clients include Skinner Foods, Denny's, Joe Tess' Place, Travelers Insurance, Zurich, Cornhusker Casualty, Schwan's, and Columbia Insurance Group. Most recent jury verdict in a food product case was a couple of years go in Sarpy District Court. Plaintiff claimed she was poisoned at a Denny's and sustained serious and permanent injury, lost wages and pain and suffering; special damages claimed amounted to just over $4,000. The jury returned a verdict in 2 hours for the amount of the special damages only. NEW HAMPSHIRE Rob Lanney firstname.lastname@example.com (603) 223-2863 Ed Kaplan email@example.com (603) 223-2863 Sulloway & Hollis, P.L.L.C. 9 Capitol Street P.O. Box 1256 Concord, NH 03302-1256 603-224-2557fax Sulloway and Hollis has represented the food industry in a variety of litigated claims involving allegations of food poisoning, foreign objects and contamination of food and drink. NEW JERSEY Colleen M. Ready, Esq. firstname.lastname@example.com 856-869-6713 Margolis Edelstein 216 Haddon Ave. Westmont, NJ 08108-2886 Fax: 856-858-1017 Colleen M. Ready, Esq., has represented the interests of manufacturers, retailers and other entities within the chain of distribution of various products, including prepared and unprepared food and beverages. Representative clients include several national and regional restaurant chains in addition to 7-Eleven, Cracker Barrel, Darden Restaurants and Hershey Foods, among others. NEW MEXICO Patrick M. Shay firstname.lastname@example.com (505) 768-7255 Jeffrey M. Croasdell firstname.lastname@example.com (505) 766-7563 Rodey, Dickason, Sloan, Akin & Robb, P.A. P.O. Box 1888 Albuquerque, New Mexico 87103 Facsimile: (505) 768-7395 Website: www.rodey.com In addition to providing general representation to food industry manufacturers, wholesalers, distributors, and restaurants throughout the state, the Rodey Law firm has been the preeminent New Mexico law firm for representing and defending self-insured and insured clients in a variety of cases involving allegations of foreign objects and food poisoning, including the now infamous country club "three bean salad" mass botulism case in southern New Mexico. Some of our representative clients include McDonalds, Schwan's, Denny's, Smith's, Albertson's, Steak & Ale, Del Taco, and Hormel. NEW YORK Glenn Jacobson firstname.lastname@example.com 212-422-1200 Abrams Gorelick Friedman & Jacobson, P.C. 115 Broadway, 11th Floor New York, New York 10006 Fax: 212-968-7573 Mr. Glenn Jacobson has defended or monitored litigation for a large supermarket chain and restaurant chains in food claims for more than 15 years, directly or through their insurance carriers. These claims have, for the most part, concerned foreign objects which allegedly resulted in dental and/or bodily injuries or emotional distress to the consumer. Clients have included Wausau Insurance Company and Taco Bell. NEW YORK (Continued) Harry Mooney email@example.com 716-849-8900 Dan Kohane firstname.lastname@example.com 716-849-8900 716-849-8900 Hurwitz & Fine, P.C. 1300 Liberty Building, Buffalo, NY 14202 Fax: 716-855-0874 Hurwitz & Fine, P.C. has many years of experience defending food product liability claims. The firm has represented food processors, retail markets, and restaurants in alleged food contamination cases including claims of illness/injury from food-borne disease and/or foreign objects. Representative clients include Kellogg Corporation, Tyson Foods, Inc., Ponderosa, Inc., Pizza Hut, and many McDonald's franchises as well as a large number of local Western New York food retailers and restaurants. NORTH CAROLINA William W. Pollock firstname.lastname@example.com (919) 863-8717 Cranfill, Sumner & Hartzog, L.L.P. Post Office Box 27808 Raleigh, North Carolina 27611 Fax: (919) 828-2277 Website: www.cshlaw.com Cranfill, Sumner & Hartzog, L.L.P. has extensive experience representing a variety of food manufacturers, distributors, and retailers for claims of adulterated or defective food products on both the trial and appellate level. The vast majority of these claims are resolved on terms favorable to the manufacturer, distributor, or retailer, either through obtaining a dismissal, summary judgment, or settlement. The claims and suits we have defended include allegations of impurities and foreign objects in canned and packaged food, foreign objects in restaurant food and beverages, alleged product defects in suppliers to manufacturing plant that caused impurities in the finished product, and against suppliers of food products used by manufacturers and restaurants. Representative clients include Burger King, McDonald's Corporation and various McDonald's franchisees, Bojangles Restaurants, Wendy's, Charbochem Corporation, Miller Brewing Company, Shoney's, Golden Corral, Hardee's, and Boddie-Noell Enterprises. The firm has conducted trials for Miller Brewing over alleged fungus in beer and for Boddie-Noell Enterprises (a Hardee's franchisee) over allegations of foreign substances in food that have resulted in favorable defense outcomes. Additionally, one of our attorneys has a degree in Food Science from North Carolina State University, which she has used to help develop expertise in representing food manufacturers and retailers. OHIO Dave Ross email@example.com 216-430-2166 Roy Hulme firstname.lastname@example.com 216-430-2135 REMINGER & REMINGER CO., L.P.A. 1400 Midland Building 101 Prospect Avenue, West Cleveland, Ohio 44115-1093 216-687-1311 Fax: 216-687-1841 Reminger & Reminger Co., L.P.A., with seven (7) offices throughout the State of Ohio, has represented the food and beverage industries for many years, both at the retail and wholesale levels. Representative restaurants include McDonald's, Burger King, Wendy's, Rare Hospitality, Pizza Hut, Subway and Frisch's. Wholesalers and distributors include Sysco, Kenosha Beef, Tamimura & Antle, Nestle's, Food Brands America, The Schwan's Food Company and Northern Ohio Pizza Company. PENNSYLVANIA Richard Fine firstname.lastname@example.com 570-343-1197 Fine, Wyatt & Carey, P.C. 425 Spruce Street 4th Floor, P.O. Box 590 Scranton, PA 18501-0590 Fax: 570-343-9538 Fine, Wyatt & Carey has defended local restaurants and retail food outlets, as well as national franchises including MacDonald's and Long John Silver's, against claims for personal injury and food poisoning arising out of alleged ingestion of contaminated food and/or foreign objects in prepared food items, in the state and federal court system in central and northeastern Pennsylvania for over 35 years; more recently, we have also successfully utilized various alternate dispute resolution forums to resolve such litigation. We represent YUM! brands and several insurance carriers that write coverage for restaurants. PENNSYLVANIA (Continued) Catherine S. Straggas firstname.lastname@example.com 215-931-5835 Margolis Edelstein The Curtis Center th 4 Floor 6th & Walnut Streets Philadelphia, PA 19106 Fax: 215-922-1772 Ms. Straggas has defended national food manufacturers in state and Federal courts throughout southeastern Pennsylvania. These products liability claims have alleged improper handling and preparation of raw chicken, beef, pasta and vegetables at plants and restaurants, ineffective packaging causing infestation in candy and cookies and improper instructions for home preparation. In addition, Ms. Straggas has represented national soft drink manufacturers in claims alleging the infiltration of foreign substances during the bottling process; she is familiar with FDA and mass plant production procedures, as well as home cooking and handling requirements. The most common claim in this region involves damages for E-coli, salmonellosis and campylobacterosis. These incidents are typically isolated, raising the question of whether it was the alleged food product or something else which caused the illness. Clients include Wendy's Old Fashioned Hamburgers, Hershey Foods (Pasta and Chocolate/Cookie), Nabisco, and Coca-Cola. The vast majority of these matters have been filed at the Arbitration level ($50,000 or less) with significant success rate for all clients and, notably, a defense verdict for Hershey Pasta, in a case of alleged salmonella in raw lasagna prepared for family party. RHODE ISLAND James M. Campbell firstname.lastname@example.com (617) 241-3060 Brian P. Voke email@example.com (617) 241-3042 Campbell Campbell Edwards & Conroy One Constitution Center Third Floor Boston, MA 02129 Tel: (617) 241-3000 Fax: (617) 241-5115 www.campbell-trial-lawyers.com The defense of food related claims is a significant part of the practice of Campbell Campbell Edwards & Conroy. The firm represents food manufacturers, processors, suppliers, and distributors, as well as corporations engaged in the hospitality industry, in cases brought under theories that include product liability and breach of warranty. The firm is currently defending a food processor from claims that hamburgers sold to a summer camp by the food processor caused five campers to contract E. coli infections. Campbell Campbell Edwards & Conroy has successfully defended a number of other actions involving allegations of food-borne disease, including yersinia and salmonellosis, adulterated food, and hot beverages, as well as associated environmental concerns. Representative clients include: Capital Grille, Marriott International, Inc., and Tyson Foods, Inc. SOUTH CAROLINA Steven J. Pugh firstname.lastname@example.com 803-771-4400 Richardson, Plowden, Carpenter & Robinson, P.A. 1600 Marion Street Columbia, SC 29201 Post Office Drawer 7788 Columbia, SC 29202 803-771-4400 Fax: 803-779-0016 Mr. Pugh has represented various restaurant groups and food product distributors for approximately 15 years. This representation has included everything from minor dental injury claims to the defense of a 1,300 member class action based upon alleged salmonella adulteration. Clients include YUM! Brands, Pizza Hut of America, Kentucky Fried Chicken, Long John Silvers, Bojangles Restaurants, Pepsi Bottling Group, and Hershey Foods. SOUTH DAKOTA Cris Palmer email@example.com 605-342-1078 Gunderson, Palmer, Goodsell & Nelson, LLP 440 Mount Rushmore Road 3rd and 4th Floors, PO Box 8045 Rapid City, SD 57709-8045 605-342-9503 fax Mr. Palmer has represented several national food suppliers and producers in food and food related product cases. The firm has represented various restaurants and restaurant chains through various insurance carriers. TEXAS G. Byron Sims firstname.lastname@example.com Jeromy D. Hughes firstname.lastname@example.com John G.H. Davis email@example.com (713) 629-1580 Brown Sims, P. C. 1177 West Loop South, Tenth Floor, Houston, Texas 77027 Fax: (713) 629-5027 The firm and attorneys of Brown Sims, P.C. have extensive experience representing and defending a variety of product manufacturers in products liability litigation, including dietary supplement manufacturers, golf cart manufacturers, tire manufacturers, trailer manufacturers, and those involved in the food industry, such as manufacturers, wholesalers, and distributors. The firm has an extensive list of experts to call upon in most any product liability case involving the food industry. Representative clients in litigation across Texas include Twin Laboratories Inc., EZ-Go, The Goodyear Tire & Rubber Company, Big Tex Trailers, Inc., Travis Body & Trailer, Anheuser Busch Companies and Sanderson Farms, Inc. TEXAS (Continued) David L. Sargent firstname.lastname@example.com 214-749-6516 Dwayne J. Hermes firstname.lastname@example.com 214-749-6000 Hermes Sargent Bates, LLP Bank of America Plaza 901 Main Street Suite 5200 Dallas, TX 75202 (214) 749-6000 Fax: (214) 658-6322 WWW.HSBLAW.COM The firm and attorneys of Hermes Sargent Bates, L.L.P. have extensive experience representing and defending food industry manufacturers, wholesalers, and distributors. They have not only successfully defended manufacturers of food products, but defeated attempts to seek indemnification for expenses, including attorney fees, and damages. The firm has an extensive list of experts to call upon in most any product liability case involving the food industry. In addition, they have litigated cases across Texas for major, well known food companies including Tyson Foods, Inc., Performance Food Groups, Inc., Exel, Inc., Frozen Food Express, Inc., Ruiz Food Products, Inc., Jack In the Box, Burger King, among others. VIRGINIA Michael E. Harman 804-762-8015 email@example.com David P. Corrigan 804-762-8017 firstname.lastname@example.com Stanley P. Wellman 804-762-8015 firstname.lastname@example.com Harman, Claytor, Corrigan & Wellman P. O. Box 70280 Richmond, VA 23255 804-747-6085 (fax) Harman, Claytor attorneys regularly represent members of the food industry at all levels, including producers, wholesalers, suppliers, distributors and retailers, as well as their carriers, in a variety of food borne illness and related claims. Representative clients include Tyson Foods, Inc., Performance Food Group, Inc., and Hannaford Bros. Co., as well as numerous national carriers that insure restaurant chains and other members of the food industry. Harman, Claytor has successfully resolved hundreds of food borne illness claims of all types and significance through jury verdict, dispositive motions, arbitration and mediation. Please contact, Mike Harman, David Corrigan or Stan Wellman for more specific information pertaining to this area of the firm's practice. WASHINGTON Steve Goldstein firstname.lastname@example.com (206) 292-9988 Ken McEwan email@example.com (206) 292-9988 Betts, Patterson & Mines, P.S. One Convention Place 701 Pike Street, Suite 1400 Seattle WA 98101-3927 206 343-7053 Fax Betts, Patterson & Mines has defended a variety of cases for self insured and insured clients involving foreign objects in food, contaminated food, also several significant e-coli exposure cases. Through Crum & Forster, we have represented a number of restaurants for foreign object in food and contaminated food and wine claims. We currently represent J.R. Simplot, a major supplier of food products, including ground beef and French fries to restaurants. Mr. Goldstein has tried an alleged e-coli exposure case and obtained a defense verdict. The plaintiff, a doctor, claimed exposure through an AM/PM hamburger. Mr. Goldstein represented both the meat supplier and AM/PM pursuant to an indemnity agreement. The jury found that plaintiff's exposure was not from the claimed hamburger. WISCONSIN James T. Murray firstname.lastname@example.com (414) 278-8800 Ronald G. Pezze, Jr. firstname.lastname@example.com (414) 278-8800 Peterson, Johnson & Murray, S.C. 733 N. Van Buren Street, 6th Floor Milwaukee, WI 53202 (414) 278-8800 Fax: (414) 278-0920 Mr. Murray has handled over 200 jury trials to verdict. He is a fellow of the American College of Trial Lawyers, the International Society of Barristers, a member of the International Association of Defense Counsel, and past president of Wisconsin's defense organization, the Civil Trial Counsel of Wisconsin. He has tried various food related product liability cases, including foreign substance cases, salmonella and other alleged food-borne illness cases on behalf of companies such as Coca-Cola, Kraft Foods and various local purveyors and retailers, typically through their respective liability insurers. Mr. Pezze has previously represented a national food supply company relative to an E. Coli outbreak which occurred in the Fall of 2000 at the Bethesda Elementary School located in Waukesha, Wisconsin. He currently represents the owner of two restaurants implicated in an E. Coli outbreak which occurred in July 2000 which involved approximately 160 claimants, a number of which were seriously injured and which included one death. He has also assisted Secura Insurance Company in the handling of a recent salmonella case which occurred in Central Wisconsin. Representative clients include Sodexho Marriott Services, Inc. and Secura Insurance, among others. WYOMING Thomas A. Nicholas firstname.lastname@example.com 307-632-0541 Richard G. Schneebeck firstname.lastname@example.com 307-632-0541 Hirst & Applegate, P.C. 1720 Carey Avenue, Suite 200; P. O. Box 1083, Cheyenne, WY 82003-1083 Fax: 307-632-4999 Hirst & Applegate attorneys have handled a number of cases involving allegedly contaminated restaurant food and cases involving claimed contaminated food purchased at grocery stores. For additional information contact: Tim Violet, Esq. Executive Director THE HARMONIE GROUP 634 Woodbury Street St. Paul, MN 55107 Phone: 651-222-3000, Fax: 651-222-3508 Email: firstname.lastname@example.com The Harmonie Group provides NATIONAL ACCESS TO EXCELLENCE. The defense firms in our network handle complex and difficult high stakes litigation for corporations, third party administrators and insurance companies. The process of looking for counsel can be time consuming, uncertain, and difficult. Harmonie is a by invitation only network where the firms are subjected to a rigorous review process to meet our standards, ethics and values before they are invited to join. The Harmonie Group is pleased to provide on line access to our NATIONAL DIRECTORY on our web site at www.harmonie.org.
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