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"They are all made to protect
Posted by: ezwater on Oct-23-12 1:19 PM (EST)
from a bad blow..." Not exactly. Even motorcycle helmets don't protect from a direct blow over about 15 mph.
You have to define what you mean by a bad blow.
One kind of blow is just bad enough to knock you out or stun you, so you can't react to your situation. A shock absorbing liner helps, but it can be a liner that recovers. The shell should not be so stiff but that it initiates the shock absorption of the liner.
Another kind of blow markedly depresses most helmet shells, and can fracture or cave in your skull. That kind needs a stiff liner and a sacrificial, force absorbing liner. Makes for a thick, heavy helmet.
I can't see that ww helmet design has fully matured to confront these issues.
Fortunately, I found that cheap helmets like ProTec kept me from lasting harm through almost 40 years of moderate whitewater paddling. Now I have a Shred Ready t-dub, but I don't know if it's functionally much better. Sweet and Gath are worth looking at, too.
Fashion and false notions of effectiveness still infect the ww paddling industry. There is no Bell of ww helmets.
YakCatcher Rod Holder | Gear Bags | Paddler's Truck Rack | PFD's (Life Jackets) | Paddling Accessories |
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The importance of branding
Have a wonderful weekend!!
Need blog topic ideas? Check out my new book 365 Blog Topic Ideas on Amazon!
Labels: business, guest post
14 comments:
So...this is completely random and off topic but I just have to ask...do you color your hair? And if so, how can I get your same color? I am in love with it. :)
life in a nutshellDana, thank you so much for posting this!
As I commented on that blog as well, This post comes with such good timing. I spent all of today designing business cards, thank you notes, picking the perfect mailer to mail my products in so that even the mailer envelope fits in with the packaging; labels, stamps, stationery, and how I could make it all tie into my blog, etsy storefront, and eventually my standalone website. And all of this before I have even officially launched my shop.
I was speaking with a photographer friend of mine yesterday about this same subject and I am SO glad to see I'm not the only one in thinking that first impressions mean absolutely everything in the business world, especially if it's a small start-up adventure like many of us are trying to embark on.
I loved reading this. Thanks for posting it.So...just wanted you to know that even though I'm a fairly new reader to your blog...if some evil wizard came into my life and said I had to choose only one blog to read...I would choose Wonder Forest! So well-rounded, funny, informative, beautiful...just all-around great! (Of course, it would probably not be an evil wizard but rather someone who cares for me and wants to see me out from behind this computer and actually living my life rather than reading blog after blog and pinning, pinning, pinning to Pinterest!!!! LOL )
ReplyDeleteThis post was just amazing. I've been writing my own blog for a while but have recently been writing more and been trying to find ways in which I can turn it into a business. My mother owns her own business, as does her father, so I'd quite like to follow in their footsteps. Your post has helped give me some ideas that I'm going to look into so... Thank you for that. :)


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It is a well known historical fact that in spreading the ethical and spiritual values of Islam, major and effective contributions have been Made by the Walis of ALLAH (saints). It was their humanistic position, and piety which won over the hearts of lacs of people. They made a direct contact with the masses served and loved them, lived with them in the realisation of Eternal Truth. The proof of this is more than evident from the history of growth of Islam in India. Although Islam had penetrated in this subcontinent in the first century of Hijra, but the noble task of inspiring the people to its tenets and values in India was accomplished by Hazrat Khwaja Moinuddin Chishty (R.A.) popularly known as Khwaja Saheb and Khwaja Gharib Nawaz. He did it all through his great moral power, glorious and appealing character, with love and dedication to mankind, without any worldly resources of wealth, power, force and material means.
Khwaja Saheb was a scholar a great repute. He interpreted the true Islamic message of love for mankind and through that, the love for the Almighty creator. He preached the Quranic philosophy of the unity of religion and worked out its potentialities for the whole humanity. He was the greatest mystic of his time. He laid the foundation of the liberal Chishtia order of Sufis in India, and inspired millions of souls to be his followers and thus served the masses of the Indian Sub-continent.
The life and mission of Khwaja Saheb have been of an exceptional character as compared with any other saint in India. His simple teaching penetrated even stony heart, his affectionate look silenced the fiercest of his enemies. His matchless piety and blessings knew no distinction and his "spiritual power", amazed and did defied his bitterest adversaries who came to harm him but were inspire to embrace Islam and become his devotees for rest of the life. He brought the message of universal love and peace. He chose the way of non-compulsion in the true spirit of holy Quran he says : "Let there be no compulsion in religion, will thou compel men to become believers? No soul can believe but by the persuasion of Allah". Khwaja Moinuddin Chishty (R.A.) followed this dictum strictly throughout his mission. It is because of this reason that he is popularly known as ' Gharib Nawaz' which means the one who shows kindness to the poor. This was later reinforced by succeeding Chishtia Sufis, who became religious pioneers in national integration in the country. They fulfilled the objective of bringing together various castes, communities and races, elevating the humanity from the morass of materialistic concerns, which is the bane of mankind even today.
The teachings of Khwaja Sahib have been recorded in several books on mysticism.
The essence of his teaching is : Closest to Allah is one who possesses the following three qualities:
Noblest of the characters is possessed by the one who is:
Surest way to keep off the internal punishment in the hell is:
1. Without performing "Namaz", none can approach 'ALLAH' (God), because 'Namaz' is the climax (Mairaj) in the process such approach for pious.
2. If all the rules of Namaz were not followed properly, it is struck back on the face of him who offers such a Namaz.
3. The heart of a lover (True lover of ALLAH) constantly burns with the fire of love so much so that what ever intrudes upon its sanctity is reduced to ashes.
4. A sin committed does not harm an individual so much as the looking down upon one's own fellow beings.
5. Of all the worship that pleases Almighty ALLAH, the best is the grant of relief to the humble and the oppressed.
6. Performance of charity is the key of attaining the state of generosity.
7. One who does not perform devotion to ALLAH is engaged in the career of attaining a sinful earning.
8. There are four fundamental virtues of the individual self :
9. That man is true devotee of Almighty Allah, who resigns with pleasure to the misfortune that comes from his beloved (Almighty ALLAH).
10. The path of love of ALLAH is such a path that who so ever steps into it, loses himself.
11. For a follower of the path of truth it is worse than a sin to disdain or look down upon any one.
12. Those who are true Lovers of ALLAH give away both of the worlds for the sake of their Beloved ALLAH and even then feel that they have done nothing worthy.
13. Perfection in faith is evident by three things:


text:
Wednesday, May 17, 2006
I Come by it Honestly
I also was thinking that I come by it honestly, as they say. My dad also is highly opinionated. We both speak as experts on most topics, and of course we are not experts on everything. We are just confident in what we do know and express it easily (and probably loudly).
I think I've passed on the gene to Amanda as well. She is generally pretty respectful of us as grownups, however once when we were discussing a specific behavior that needed to be changed, she said that she didn't understand why I could do what I wanted, and she couldn't. Most of our conflict stems from the fact that deep down she thinks that she is right in her thoughts, her process or actions. There are times that we have told her not to do something, and her need to be right or to do it her way, overrules her desire to obey. And when we're discussing it later, she admits it.
It will probably help me to understand that she is modeling opinionated, self-confident behavior that she's seen from me for almost 8 years, just like I model the same behavior that I saw from my dad. Just as I need to learn to control my opinions sometimes, so does she, and we'll both keep working towards that.
In honor of my new resolve, I'll "let" Terry clean the bathtubs this weekend.
5 comments:
- Jeannine said...
I do refold the laundry properly when no one else is looking. :-)
- Katrina said...
Hmm...Good things to think about. I'd have to say that Camden is much like Amanda, and, as in your case, he probably picks much of it up by watching me (and Chad, who is also very opinionated). Keeping in mind that my behavior rubs off on him is certainly good motivation to keep things in check and to learn how to both deal with my own tendencies and help him learn how to do the same.
Of course I know that I am highly opinionated and a true control freak (just ask Susan). I still think that I am somewhat of an expert on most subjects. Seriously though, after reading your post I will try to control my opinions more often. However, it is more difficult to teach an old dog to modify his behavior. - 6/28/2006 9:48 AM
In reply to Stan's comment, I agree, he is very opinionated BUT when he is wrong he says we are just not communicating. I am not sure who is NOT communicating but, as a type-A personality, I certainly could not be the one with the faulty communication skills. As far as housework is concerned I have to admit, I can not handle anyone loading my dishwasher or doing the laundry and I just recently gave up organizing my husband's underware by size and color. No control freaks here.
- Jennifer said...
My friend informed me that she knew someone just like that--her husband, and that the term is really "know it all." That doesn't sound so nice.


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Spice up your next snack with Artisan Fresh Pepper Jack Cheese Cubes.
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35 year old woman | Troy, OH, USA | Seeking men 25-40 within 25 miles
This online thing is a little weird . . .
So, I don't have a problem meeting new people but I thought I'd check this scene out! Unfortunately the caliber of people I've been meeting hasn't been much to brag about. I am a Children's Services caseworker and love my job. I love to help others and am very dedicated to what I do! I have a Master's degree in Psychology and I LOVE to pick people's brains!! LOL! I am very sociable and love to try new things. I am a huge music fan and LOVE to check out local talent whenever the opportunity presents itself! I've come across a few that have become some of my favorites! I am a huge fan of comedy and enjoy someone that can make me laugh. I am very upfront and honest and expect the same from others. I enjoy spending time with outside trying out new activities although I must be honest in that I can be a bit of an awkward klutz! Whether it be hiking, swimming, or shopping I love to be doing something fun. I do however enjoy vegging on the couch watching a good comedy, horror, or action flick! I like chick flicks, but they aren't my #1 pick! I am also very family oriented. I have 2 older brothers (yes, I am the baby) and several nieces and nephews that are very important to me. I am unfortunately in the process of a divorce, but this has given me a better picture of what I want out of life and my significant other. My situation has also showed me what I DON'T want from others. I can say that I am still coming into myself! I was a little lost for a while, but I have been given the opportunity to figure out what I like to do! I treat others the way I want to be treated . . . with kindness and respect!
Camping , Coffee and conversation , Dining out , Museums and art , Music and concerts , Exploring new areas , Nightclubs/Dancing , Playing cards , Shopping/Antiques , Travel/Sightseeing , Video games , Watching sports , Wine tasting
Billiards / Pool, Dancing, Swimming, Walking / Hiking, Weights / Machines, Yoga
I exercise 1-2 times per week.
I have Cats, Dogs
I like Birds, Exotic Pets, Fish, Horses
I am mama to a golden retriever named Moxley and 3 cats (Hef, Lola and Mylo) that currently live with a relative. As I have no children, my pets have taken on that role in my life! I love them dearly and love spending time with them.
My new fav is a little local spot called Mojo's. I am a huge fan of John Bryan state park and Yellow Springs! I adore California, San Francisco especially! I love the shopping in Chicago and EVERYTHING about Vegas Baby!
Wright State University, Dayton, OH
Mindless reality TV can be my escape when I've had a crazy work day! I love Bates Motel and the Big Bang Theory! My dog Moxley is also my favorite being in existence! I have a bit of an obsession w/shoes! And purses!
It depends on the situation but, I love going to movies, shopping, and being outdoors. I like to go hiking and swimming in the summer but I also like to stay in and watch movies. I love to go to concerts and I am a big supporter of local music!
Rubs nose . . . sniffle . . . 50 Shades of Gray and the Twilight series. Can't help it, I'm a hopeless romantic at heart. Shhhh, don't tell! Gotta keep up appearances!
Her | What she is looking for | |
Appearance | ||
Height: | 5'6" (167cms) | 5'10" (177cms) to 6'11" (210cms) |
Body type: | Curvy | Slender, About average, Athletic and toned, A few extra pounds, Stocky |
Eyes: | Green | No preference |
Hair: | Auburn / Red | No preference |
Lifestyle | ||
Smoke: | Yes, but trying to quit | No Way, Occasionally, Daily, Yes, but trying to quit |
Drink: | Social Drinker | Social Drinker, Regularly |
Occupation: | Other profession | No preference |
Children's Services Caseworker by day Bartender by night |
Income: | $25,001 to $35,000 | No preference |
Relationship: | Divorced | No preference |
Have kids: | No | No preference |
Wants kids: | Not sure | No preference |
Background | ||
Ethnicity: | White / Caucasian | No preference |
I am of Irish & Scottish descent |
Faith: | Christian / Catholic | No preference |
Languages: | English | English |
Education: | Graduate degree | Some college |
I received my Bachelor's in Psychology from Wright State University and my Master's in Psychology from Walden University. |


text:
Pronunciation: /ˈskôrpēˌō/
Definition of Scorpio in English:
1.1 (a Scorpio) ( plural Scorpios) A person born when the sun is in the sign of Scorpio.
Example sentences
- For one - say a Scorpio - a full Moon in Taurus might reveal welcome information about money and sex.
- I'm a Scorpio, and Scorpios devour their food.
- You can always trust a Scorpio to keep your secrets.
- 1
- Example sentences
- Arians, Taureans and Cancerians are all 10%, Capricornians 11% and Leos 12% - Scorpians and Virgoans have an average number of accidents.
- Leos, Pisceans and Taureans would all opt to slave over a hot stove, and Librans and Scorpians to wash the dishes.
- This month's dish, featuring plum tomatoes and pancetta, should tantalise the Scorpian tastebuds.
Pronunciation: /ˈskôrpēən/
noun& adjectiveOrigin
Words that rhyme with Scorpio
Antonio • ScipioDefinition of Scorpio in:
- British & World English dictionary
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Editor's Overview
This month, we include a look back at the most significant ERISA litigation decisions of the past year and what they portend for 2012. The article addresses the implications of two major Supreme Court decisions, Cigna Corp. v. Amara and Walmart Stores, Inc. v. Dukes, and developments in 401(k) plan excessive fee and employer stock drop cases.
We also focus on a recent Second Circuit decision addressing the issue of when the statute of limitations on benefits claims commences, and its potential implications for both individual and class action benefit claims.
As always, be sure to review the section on Rulings, Filings, and Settlements of Interest.
2011 – The Year in Review: Last Year's Most Significant ERISA Litigation Opinions and What They Foreshadow for 2012 [1]
Contributed by Howard Shapiro
There were many important opinions issued in 2011 that will influence ERISA litigation trends this year. Among them were two major Supreme Court opinions: CIGNA Corp. v. Amara[2] and Wal-Mart Stores, Inc. v. Dukes.[3] Although it is not an ERISA case, Dukes may have significant implications for class certification battles. Amara will be critical as to elements of proof of reliance, causation, and harm going forward.
Supreme Court Opinions
Cigna Corp. v. Amara was a long awaited Supreme Court holding that dealt with various reliance principles.[4] The case focused upon Summary Plan Description (SPD) language that misled participants into thinking their benefits consisted of a frozen benefit plus a new cash balance plan formula, instead of the greater of the two formulas. The Supreme Court held that the terms of an SPD were not enforceable as a plan document, recognizing the important distinctions between the plan and an SPD. However, the Court also held that equitable relief was appropriate here under ERISA § 502(a)(3). The Court recognized three forms of equitable relief: estoppel, surcharge, and reformation. As to each aspect of relief, the Court suggested a plaintiff may have to show harm, causation, and damages.
Plaintiffs and defendants will find elements of the case helpful. In the coming year, plaintiffs will rely upon Amara to contend that remedies under ERISA § 502(a)(3) have expanded. Defendants will rely upon Amara to contend that equitable relief requires the showing of reliance, causation, and harm. Defendants will also rely upon Amara's requirement of harm and causation to negate commonality and typicality for class certification.
In the employment discrimination world, Dukes was a significant defendant triumph. The Ninth Circuit approved a class consisting of 1.5 million women under Fed. R. Civ. P. 23(b)(2) based upon the allegation that company management subjectively preferred men to women in promotion and pay decision-making. Reversing, the Supreme Court held that commonality is not satisfied by posing a common question; instead, there must be a common answer. The Court also held that Rule 23 cannot override the rights of defendants to assert individual defenses as to each class member's claim.
The question is whether and how this landmark opinion will impact ERISA litigation. ERISA plaintiffs will argue that Dukes is irrelevant because class actions are brought on behalf of the plan under ERISA § 502(a)(2) and may be certified under Fed. R. Civ. P. 23(b)(1) or (b)(3). Defendants will see more cautious judicial trends as to class certification. Also, Dukes, when coupled with Amara's requirement of harm and causation, may allow defendants to defeat class claims based upon communications to a purported class and any alleged ERISA violation that involves some form of reliance, harm or causation, as these claims implicate individualized and particularized plaintiff conduct. Finally, Dukes may permit defendants to assert that the ERISA § 404(c) defense blocks class certification.[5]
401(k) Plan Excessive Fee Decisions
Two cases affirmed motions to dismiss: Renfro v. Unisys Corp.,[6] and Loomis v. Exelon Corp.[7] However, one court reversed summary judgment in favor of the defendants and remanded for trial.[8]
In Renfro, the Third Circuit joined the Seventh Circuit as the first two appellate courts that have affirmed motions to dismiss excessive fee cases. Renfro relied upon a prior Seventh Circuit opinion, Hecker v. Deere & Co.[9] Affirming a motion to dismiss, the Renfro Third Circuit panel rebuffed plaintiffs' challenge to the payment of alleged excessive fees for "retail" mutual funds held in a 401(k) plan. The Court held that there is no per se violation by holding such "retail" funds in a 401(k) plan. The Court focused upon the reasonable range of available investment options, featuring a wide variety of risk profiles, investment strategies, and associated fees. As to the fiduciary/plan sponsor, the Court noted that there was a wide mix and range of 73 investment options. As to the directed trustee, the Court held no fiduciary status existed because the trust agreement provided the authority to the plan fiduciaries to select investment vehicles.
In Loomis v. Exelon Corp., the Seventh Circuit followed its prior decision in Hecker v. Deere & Co. and affirmed the district court's opinion granting a motion to dismiss.[10] Plaintiffs challenged the payment of alleged excessive fees for "retail" mutual funds held in a 401(k) plan. The Court rejected plaintiffs' contention that the plan sponsor should have paid plan fees instead of the participants. The Court described plaintiffs' position as an effort to foist upon the plan sponsor fiduciary functions and held that in establishing this type of plan design, Exelon acted as a settlor. The Court also derided plaintiffs' preference for institutional funds, as compared to "retail" funds. The Court held that the participants actually may prefer "retail" funds because of their liquidity and daily transfer features. Citing ERISA § 404(c), the Court held that the plan offered a mix of high-expense, high-risk, and low-expense, low-risk, investment options.
In George v. Kraft Foods Global, Inc.,[11] the Seventh Circuit issued a less defendant-friendly opinion, reversing summary judgment on two issues while affirming summary judgment for the plan's trustee. Opposing summary judgment, the plaintiffs presented expert testimony opining that unitized funds caused losses to the plan in the form of investment and transactional drag. Plaintiffs' expert witness defined investment drag as the result of the unitized fund holding some amount of cash for liquidity purposes, causing the stock's failure to track its share price on the open market. Plaintiffs' expert witness also criticized the transactional drag that occurred because the fees for all participant trades were paid by the entire plan, instead of those traders who made trades. Plaintiffs' expert witness opined that this favored "day-traders" and forced all participants to cover the costs for such trading conduct. Plaintiffs contended the plan should have avoided excessive fees by using a real-time trading platform instead of a unitized fund. The Court reversed summary judgment for the fiduciaries, holding there was no evidence of record to the effect that the fiduciaries actually considered the impact of investment and transactional drag on the costs of operating the plan.
On the second issue, the summary judgment record indicated that the recordkeeper was paid an average of $43-$65 per participant a year for recordkeeping services. Plaintiffs' expert witness opined that the appropriate cost for recordkeeping services was $20-$27 per participant a year. The appellate panel held that this created an issue of material fact unsuitable for summary judgment.
Finally, the trustee was sued because of the fees it derived from the "float" on deposits it held pending clearance of checks written on plan assets. The Court affirmed summary judgment on this issue because plaintiffs failed to present record evidence showing that the fiduciaries failed to review the prudence of this "float" arrangement.
Judge Cudahy issued a robust dissent.[12] He described the unitized fund platform as the ultimate hedge because the cash component shields fund participants from the highs and lows of stock share price performance. He found no provision of ERISA on which to base a claim for breach of fiduciary duty for failing to select between a unitized fund and a real-time trading platform. Also, he noted that unitized trading was a universally accepted investment practice. Judge Cudahy acknowledged that the recordkeeping fee issue was a closer question. However, he suggested that fiduciaries should not have to bear the burden of litigation costs merely because plaintiffs find an expert witness to opine that recordkeeping costs are too high. He decried the suggestion that all plan services should be auctioned off to the lowest bidder.
Grouping these opinions together, it is difficult to synthesize the three cases. Clearly the motions to dismiss in Renfro and Loomis focus on the plethora of investment options made available to the participants. Both decisions focus on the concept that providing a broad mix of risk-reward and fee structures, so that participants have an array of investment choices, assists in the motion to dismiss analysis. George is a more difficult decision for defendants to deal with. George suggests that expert witness testimony may yield success at the summary judgment stage. As Judge Cudahy pointed out in his dissent, this could have a significant impact on litigation costs, as it will be easy for plaintiffs' counsel to find an expert witness who will say anything.
401(k) Plan Employer Stock Drop Litigation
The body of case law in this area has become more robust now that the presumption of prudence established by the Third Circuit in Moench v. Robertson[13] has been recognized in four appellate circuits: the Third,[14] Fifth,[15] Seventh,[16] and Ninth.[17] Additionally, the Sixth Circuit has applied the Moench presumption in ESOP litigation.[18]
The Second Circuit has now endorsed application of the Moench presumption at the motion to dismiss phase. In re Citigroup ERISA Litigation.[19] The Second Circuit held that the fiduciaries could be liable only if a dire situation existed that could not be foreseen by the settlor of the plan. The Court explained that stock fund fluctuations that trend downwards did not equate to a dire situation. While noting that sub-prime loans were bad business decisions, such decisions did not create a duty to override the plan provisions.
In re Citigroup ERISA Litigation also dealt with two other issues. The district court motion to dismiss was predicated, in part, on the concept that there was no actionable breach of fiduciary duty claim because the employer stock fund was "hard-wired" into the plan. That is, the plan document required that an employer stock fund be maintained, leading the district court to conclude that only the settlor could alter the plan provisions and that there could be no breach of fiduciary duty claim as the fiduciaries could not amend the plan. The Second Circuit disagreed on this point and held that a fiduciary has the discretion to override plan terms in appropriate circumstances.
In re Citigroup ERISA Litigation also featured misrepresentation claims predicated on the theory that defendants were aware of nonpublic material information and had the obligation to reveal that information to participants. The Court held that as a matter of law there is no duty to provide plan participants material nonpublic information as to investment options. Dismissing the misrepresentation claims, the Court also held that a duty to inform exists only where necessary to correct previous fiduciary misstatements or to avoid misleading participants.
Battleground 2012
Of the developments surveyed above, without question CIGNA Corp. v. Amara will provoke the most jurisprudential consideration. The courts will be left to consider what the nature of a remedy is for an ERISA § 502(a)(3) claim. The courts also will be left to consider what level of reliance, causation, and harm are required to prove such a claim. The Supreme Court has provided little guidance as to how these concepts should be applied.
The excessive fee cases seem to be waning and fewer of these cases have been filed recently. However, two cases are pending that may add to the jurisprudence. In Tibble v. Edison International,[20] the court held that fiduciaries breached their duties when a plan offered more expensive retail mutual funds instead of cheaper institutional class funds. That case is now on appeal before the Ninth Circuit. Also pending in the Western District of Missouri is Tussey v. ABB, Inc.,[21] a case that was tried in January 2010 and remains under submission.
Finally, the standards for 401(k) plan employer stock drop litigation seem more settled. While we have to pay attention to the rehearing application in the Citigroup ERISA Litigation, there are still four Circuits that subscribe to the Moench presumption, either at the motion to dismiss or summary judgment phase. These cases seem to be waning as well and fewer of these cases have been filed recently.
Second Circuit's Recent ERISA Statute of Limitations Ruling Continues Favorable Trend Toward Dismissing Suits Brought Long After Participants Commence Receipt of Benefits[22]
Contributed by Russell Hirschhorn
ERISA plan fiduciaries sometimes find themselves in litigation defending the interpretation or legality of plan terms that were applied years, if not decades, earlier to calculate a participant's benefits. How is it that a participant, who has been receiving his or her benefits for years, could one day simply decide to challenge the calculation of his benefits without any regard to the applicable statute of limitations or the fact that he or she sat on his or her rights for years? The answer lies in the fact that although it is well-established that courts apply the most analogous state statute of limitations to claims of this nature (generally the period applicable to breach of contract actions), there has been a lack of clarity as to when such claims accrue, i.e., when the statute of limitations is triggered. Although most courts have held that a participant's claim for benefits accrues under ERISA § 502(a)(1)(B)[23] upon "a clear repudiation by the plan that is known, or should be known, to the plaintiff — regardless of whether the plaintiff has filed a formal application for benefits,"[24] there has been a lack of clarity in the courts' rulings on how the statute of limitations may be triggered short of a formal benefit claim denial. The U.S. Court of Appeals for the Second Circuit has now gone a long way toward addressing this issue.
In Novella v. Westchester County, 661 F.3d 128 (2d Cir. 2011), the Second Circuit held that the statute of limitations for a claim under Section 502(a)(1)(B)[25] of ERISA based on a miscalculation of benefits will start to run "when there is enough information available to the pensioner to assure that he knows or reasonably should know of the miscalculation." In so ruling, the Court observed that receipt of a lower pension payment was not in this instance enough to put a pensioner on notice of a miscalculation, but that actual notice to a pensioner of the method used to calculate his pension would put him on notice. The Court observed that this rule may require a claimant-by-claimant factual inquiry into each pensioner's accrual date, and that the need for such inquiries very well may limit the availability of class actions in this type of litigation.
Plaintiff Carlo Novella performed various jobs as a carpenter from 1962 through 1995. With the exception of certain periods between 1981 and 1987 when he was not working, his employers were required, pursuant to collective bargaining agreements, to make contributions on his behalf to a pension fund. In 1995, Novella became disabled as a result of a work-related injury and he applied for and received a disability pension. Novella's benefits were not calculated using the pension rate in effect in 1995, but rather using two different rates for his two periods of service. The rate applicable in 1995 was applied to benefits for work performed between 1987 and 1995, and the lower rate in effect in 1981 was applied to benefits for work performed between 1962 and 1981 ("two-rate formula"). The use of the 1981 rate for the earlier period resulted in a much lower aggregate monthly pension payment.
The District Court's Decisions
After exhausting his administrative remedies, Novella filed suit in the U.S. District Court for the Southern District of New York on his own behalf and on behalf of a putative class of pensioners whose benefits also were allegedly miscalculated based on the use of the two-rate formula. Novella asserted a potpourri of claims alleging violations of ERISA. The district court agreed with Novella that, regardless of whether it reviewed his claim under a de novo standard of review or the more deferential arbitrary and capricious standard of review, his disability pension had been miscalculated and the use of two rates in calculating disability pensions was not supported by the plan documents. In light of this ruling, the district court also awarded Novella prejudgment interest. It did not reach Novella's other claims.
Novella subsequently sought class certification on behalf of two classes: one limited to disability pensioners, like himself, whose benefits were calculated using multiple rates, and another, broader class that included recipients of various types of pensions whose benefits were affected by the same practice. The district court declined to certify the broader class in light of the fact that Novella's success was limited to his disability pension benefit claim. With respect to the proposed class of disability pensioners, the district court first concluded that the commonality, typicality, and adequacy-of-representation requirements of Rule 23 of the Federal Rules of Civil Procedure were met. However, it determined that an evidentiary hearing was necessary to determine whether, in light of defendants' statute of limitations arguments, Novella could satisfy the numerosity prong of Rule 23. After conducting the evidentiary hearing, the court concluded that the proposed class of twenty-four met the numerosity requirement. In so ruling, the court determined that the statute of limitations applicable to their claims did not begin to run "until a prospective class member inquires about the calculation of his benefits and the Plan rejects his claim that the benefits were miscalculated."[26]
The parties then cross-moved for summary judgment on the class claims. The district court granted the plaintiff class's motion upon recommendation from the magistrate judge and entered judgment in favor of the class. The court concluded, as it did with respect to Novella's individual claim, that defendants' interpretation of the plan to apply multiple rates in calculating Novella's pension benefit was arbitrary and capricious.
The Second Circuit's Decision
On appeal, the parties, having agreed that New York's six-year statute of limitations for breach of contract actions governed the claim for benefits and that the relevant date for fixing the accrual of a miscalculation claim is when a plaintiff was put on notice that defendants believed the method used to calculate his disability pension was correct, focused their dispute on the time at which a pensioner can be considered to have been put on such notice.
Defendants argued that the Court should adopt the standard applied by the Third Circuit in Miller v. Fortis Benefits Insurance Co., 475 F.3d 516 (3d Cir. 2007), i.e., a strict first-payment approach under which the limitations period for a miscalculation claim would begin to run when the pensioner receives his or her first check. Novella contended that the Court should adopt the district court's bright-line rule that requires a formal denial of a miscalculation claim to trigger the running of the statute of limitations.
The Second Circuit first affirmed the district court's decision that defendants' two-rate formula calculation of Novella's disability pension was arbitrary and capricious and affirmed its entry of summary judgment with respect to Novella's individual claim for benefits. In so ruling, the Court agreed that the plan terms did not support the plan's interpretation that a disability pension may be calculated using two different benefit rates when a participant has had a break in service.
The Court, however, declined to affirm the district court's decision to certify a class and award summary judgment in favor of the class. As discussed above, the decision to certify a class, and in particular the question of whether the certified class satisfied Rule 23(a)'s numerosity requirement, hinged on whether each class member's claim was timely. The Court rejected both parties' views regarding the accrual date of the claim, and concluded that "notice of a miscalculation can be imputed to a pensioner — and the statute of limitations will start to run — when there is enough information available to the pensioner to assure that he knows or reasonably should know of the miscalculation." The Court reasoned that this approach "best balances a pension plan's legitimate interest in predictability and finality with a pensioner's equally legitimate interest in having a fair opportunity to challenge a miscalculation of benefits once it becomes known — or should have become known — to him."
Turning to the factual record before it, the Court was unable to determine whether, and if so when, each class member had information by which he knew or should have known of the miscalculation. The Court thus vacated the district court's decision certifying a class and remanded for further fact-finding. In so ruling, the Court provided some insight on what it would and would not deem to be sufficient notice to trigger the limitations period:
We note that . . . simply receiving a lower pension payment is not enough to put a pensioner on notice of a miscalculation. Conversely, actual notice to a pensioner that a double rate method was used would put him on notice. Similarly, informing a pensioner of the correct rate-times-units calculation, so that any difference between the putative calculation and the actual amount of the check would be obvious, is also probably enough.[27]
In rendering its ruling, the Court observed that the Third Circuit endorsed a similar reasonableness standard in Miller by concluding that the limitations period for a miscalculation claim starts to run when the calculation or repudiation is "both clear and made known to the beneficiary and that this ordinarily will be when the beneficiary first receives his miscalculated benefit award because, at that point, the beneficiary should be aware that he has been underpaid and that his right to a greater award has been repudiated."
In addition, although apparently not raised by either party, the Court rejected the continuing violation theory under which each payment based upon an alleged miscalculation constitutes a new breach and thus gives rise to a separate cause of action, an approach that had been adopted by some courts. The Court determined that this theory is appropriate only "where separate violations of the same type, or character, are repeated over time." Benefit miscalculation claims, however, "are based on a single decision that results in lasting negative effects."
Lastly, the Court observed that the standard it adopted may require a claimant-by-claimant inquiry to determine when a pensioner knew or reasonably should have known that his benefits were miscalculated. "And this fact-dependent inquiry into each pensioner's accrual date may in turn lessen the value, and indeed the availability, of class actions in this kind of litigation."[28]
Proskauer's Perspective
The Second Circiut's decision has at least two significant implications for benefit claim litigation. First, the Court's ruling is a welcome addition to recent decisions in which courts have shown a greater willingness to find that the limitations period has run as of the time a participant commences receipt of his or her benefit payments. In addition to the Third Circuit's decision in Miller (discussed above), the Seventh Circuit recently ruled in Thompson v. Retirement Plan for Employees of S.C. Johnson & Son[29] that the receipt of a lump sum distribution constituted an "unequivocal repudiation of any entitlement to benefits beyond the account balance" because information circulars previously circulated "confirmed that after a lump sum distribution, no additional benefits would be forthcoming."[30] These decisions will hopefully reduce the opportunities for participants to litigate claims long after their benefits commence. It remains to be seen whether the courts will eventually apply the logic of the Second Circuit's ruling to commence the limitations period even before the receipt of benefits where the participant has been placed on adequate notice of his or her claim beforehand, as some court have done in the independent contractor cases.[31]
Second, the Court's decision is likely to reduce the number of benefit claim litigations that can be successfully prosecuted on a class-wide basis. Where, as in Novella, absent class members started receiving their pension distributions at varying times, it very well may be necessary to conduct a fact intensive participant-by-participant inquiry to determine whether such claims are timely. And, as the Second Circuit recognized, such inquiries ought to preclude a finding of commonality and typicality among the claims and ultimately preclude class certification.
The Court's ruling emphasizes the need to provide participant communications, e.g., summary plan descriptions and benefit statements, that clearly describe how participants' benefits are calculated, and to maintain records of such communications. Plan fiduciaries should consider reviewing their plan communications and the plan's document retention policies related to such communications. To be able to take full advantage of a potential statute of limitations defense, it will be important to have provided clear and unambiguous participant communications, including with respect to the method for calculating plan benefits, and to have held on to such records.
Rulings, Filings, and Settlements of Interest
Supreme Court Sets Argument Regarding Affordable Care Act:
Breach of Fiduciary Duty:
ERISA Preemption:
[1] Originally published by Bloomberg Finance L.P. Reprinted with permission.
[2] 131 S. Ct. 1866 (2011).
[3] 131 S. Ct. 2541 (2011).
[4] See ERISA Litigation Newsletter, June 2011.
[5] For another example of how to defeat ERISA class certification, see Langbecker v. Electronic Data Sys. Corp., 476 F.3d 299 (5th Cir. 2007), decided prior to Amara and Dukes.
[6] --- F.3d ---, 2011 WL 3630121, 2011 BL 215021 (3d Cir. Aug. 19, 2011). See ERISA Litigation Newsletter, April 2011.
[7] 658 F.3d 667 (7th Cir. 2011).
[8] George v. Kraft Foods Global, Inc., 641 F.3d 786 (7th Cir. 2011).
[9] 556 F.3d 575, reh'g denied, reh'g en banc denied, 569 F.3d 708 (7th Cir. 2009) (affirming motion to dismiss, and holding directed trustee was not a fiduciary; fees directed trustee received from plan were no longer plan assets; no misrepresentation by plan sponsor because participants knew the total fee costs; and no breach of fiduciary duty because plan provided a broad range of investment vehicles, including access to a brokerage window with 2,500 options, allowing participants to select from a broad range of investments with high and low fees and high and low risk factors). But see Braden v. Wal-Mart Stores, Inc., 588 F.3d 585 (8th Cir. 2009) (reversing motion to dismiss in excessive fee case and holding district court erroneously applied a summary judgment standard at an improper stage of case).
[10] See ERISA Litigation Newsletter, October 2011.
[11] 641 F.3d 786 (7th Cir. 2011).
[12] 641 F.3d at 801-03 (Cudahy, J., dissenting).
[13] 62 F.3d 553 (3d Cir. 1995) (reversing summary judgment for defendants, but holding that investments in employer stock are presumed to be prudent and the presumption can be overcome if a fiduciary has knowledge of changed circumstances, such as the impending collapse of the employer).
[14] Edgar v. Avaya, Inc., 503 F.3d 340 (3d Cir. 2007) (affirming motion to dismiss, and holding that claims alleging corporate officers knew of adverse information that would negatively impact the stock was insufficient to establish dire circumstances required to overcome Moench presumption).
[15] Kirschbaum v. Reliant Energy, Inc., 526 F.3d 243 (5th Cir. 2008) (affirming summary judgment applying Moench presumption).
[16] Pugh v. Tribune Co., 521 F.3d 686 (7th Cir. 2008) (affirming motion to dismiss and applying Moench presumption).
[17] Quan v. Computer Sciences Corp., 623 F. 3d 870 (9th Cir. 2010) (adopting Moench presumption at the summary judgment stage because no showing that company faced the risk of precipitous decline, bankruptcy, or serious mismanagement).
[18] Kuper v. Iovenko, 66 F.3d 1447, 1459 (6th Cir. 1995) (Moench presumption shielded fiduciaries who failed to sell company stock while awaiting the trust-to-trust transfer of employer securities for employees who transferred to new company).
[19] 662 F.3d 128 (2d Cir. 2011). A motion for rehearing en banc is pending. Petitioners include plaintiffs and the Department of Labor. Note that this decision was a 2-1 split featuring a vigorous dissent by Judge Straub. See 662 F.3d at 146-66.
[20] No. 07-CV-5359, 2010 WL 2757153, 2010 BL 170372 (C.D. Cal. July 8, 2010).
[21] No. 06-CV-4305, 2008 WL 379666, 2008 BL 26791 (W.D. Mo., February. 11, 2008) (issues at trial include fees paid by fiduciaries and potential liability of directed trustee).
[22] Originally published by Bloomberg Finance L.P. Reprinted with permission.
[23] 29 U.S.C. § 1132(a)(1)(B).
[24] Carey v. Electrical Workers Local 363 Pension Plan, 201 F.3d 44, 46-47 (2d Cir. 1999).
[25] 29 U.S.C. § 1132(a)(1)(B).
[26] Id.
[27] Id.
[28] With respect to Novella's cross-appeal, the Second Circuit rejected his argument that the certified class was too narrow and should not have been limited to disability pensioners. The Court reasoned that it was Novella's choice to proceed individually first and only later move for class certification, and by the time he moved for class certification, his individual claims no longer matched the claims of the putative broader class and he was therefore no longer an appropriate class representative. In addition, the Court found no abuse of discretion in the district court's award of prejudgment interest to Novella individually or in its selection of the appropriate rate.
[29] See ERISA Litigation Newsletter, August 2011.
[30] Thompson v. Retirement Plan for Employees of S.C. Johnson & Son, 651 F.3d 600, 606 (7th Cir. 2011).
[31] See, e.g., Brennan v. Metropolitan Life Insurance Co., 275 F. Supp. 2d 406, 409 (S.D.N.Y. 2003) (holding that plaintiffs' claims for benefits under Section 502(a)(1)(B) were time-barred because it was undisputed that all of the plaintiffs knew from their first day of work that they were working as freelancers and would not be entitled to benefits). The Seventh Circuit ruling in Thompson indicates that this may be the case.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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K-Tribe rallies past Frederick
Published in Sports on May 28, 2008 1:50 PM
Brian Juhl's two-run, sixth-inning triple helped Kinston knock off Frederick 8-6 during a rare day game on the historic Grainger Stadium diamond Tuesday. Juhl finished the contest 2-for-3. Carlos Rivero (3-for-3) collected his third RBI in the seventh inning. Cirilo...Please log in to see full story.
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- Age / Gender:
- 22, Female
- Location:
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- Joined:
- 10/8/10
- All Stats >
User Statshot
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Latest News
To Much Hentai on Newgrounds!
2010-10-08 19:01:49 by XRenaRyuguX
Ello, i know this is my first blog on here EVER but I think there is TO MUCH Hentai and Sex games on newgrounds!!! i searched Mario, and i found Mario is Missing, witch i thought was going to be a cool game spoof of the real Mario is Missing, but instead i found myself looking at PORN for the first time, and i cant believe it, i THREW UP i mean that too, please newgrounds you have to noice that to your ground rules, that there is SUPER HARDCORE stuff that you dont allow, please. look though your Hentai and Sex parts, and delete those.
~Rena Ryugu
Favorite Movies
Legend of Miyamoto
Rated 4.4217 Stars
Shigeru Miyamoto falls into the world of Mario, how will he get home?
Music Video
Megaman Random Acts
Rated 4.3276 Stars
Megaman and random acts of total stupidity
Comedy - Parody
Mario's Castle Calamity
Rated 4.4096 Stars
Sure, Mario can beat the boss, but what about blasting the castle?
Comedy - Parody
Rockman: Logical Mode
Rated 3.6000 Stars
Rockman goes through his first adventure, logically!
Comedy - Parody


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Best in the World Tournament: [1] Kurt Angle vs. [3] Dolph Ziggler
Apr 8, 2013 - by Steve Gerweck
Pro Wrestling Since 1997
Apr 8, 2013 - by Steve Gerweck
How did dolph get this far?
Marks probably, not hating on dolph, buti dont think hes THAT good. Not yet
are yall kidding me? just because dolph just so happens to catch some L's in wwe because theyre not pushing him as fast as they should doesnt mean hes not a great wrestler. far too often ive seen him carry wrestlers in matches for the past two years… matches in which he lost but he carried the other dude who just so happened to get the win. dude has talent and will be one of the main eventers very soon.


text:
My 10-year-old beat me the other day at "Around the World."
Remember that one? It's a basketball contest in which you have to make shots from designated spots in a semicircle around the basket. You work from one side of the court to the other as you make baskets, then work your way back again.
And while the victory, in his mind, might be viewed as some rite of passage, for me it was a cause for reflection. No, the defeat was not a big deal -- although I promise it won't happen again for many, many years -- but the competition was.
You see, I was reliving my childhood. Or at least a small part of it. Because if my friends and I weren't playing "Around the World," we were competing in "500" in the street. Or whiffle ball in the backyard. Or tennis at the park.
There were 2-on-2 tournaments in the driveway and countless games of H-O-R-S-E and football games in the street. Why, one of my childhood memories is of my friend, Dave, who for a time thought nothing of running into a parked car or sliding on the blacktop in an effort to catch a pass like a 12-year-old Lynn Swann.
When it got dark, the kids in the neighborhood played hide-and-seek, sneaking into the neighbor's yard to hide behind a bush without once being told to get off the lawn. When it rained, we moved inside for a game of "All-Star Baseball" or "Bowl Bound" or table-top hockey.
And as I reflect upon these now-ancient memories, the point isn't to delve into nostalgic sentimentality. Instead, it is to delve into how those games helped form us into the titans of maturity we eventually became.
Because the most important part of all those games isn't that we were playing. No, it's that we made the rules. We interacted. We learned -- on our own -- to resolve disputes and to handle winning and losing.
We had no choice. Video games and the Internet hadn't been invented yet, a fact of life that my kids have difficulty comprehending.
While much ink has been expended in recent years to denigrate modern youth sports or kids' lack of physical activity these days, I think those things I mention above have been the greatest loss.
With the proliferation of organized athletics, kids no longer have to fend for themselves when it comes to sports. They no longer have to devise games in the street in which they invent or tweak the rules to suit their own interests.
They're too busy running off to an organized basketball practice in a gym.
Youth sports are a wonderful thing. Kids learn many valuable lessons and they improve their skills, and many thanks should go out to all the adults who spend time playing a role in a child's development.
But with all the games being organized these days under adult supervision -- youth soccer begins as early as age 3 -- I can't help but think that something has been lost.
My kids have competed in organized soccer and volleyball and baseball and basketball and tae kwon do and probably a few activities I can't even remember.
But I probably can count on one hand the number of times they have participated in a pickup basketball game. I probably can count on two hands the number of times they have had to compete without an adult on hand to organize the proceedings.
Maybe that's a good thing. Maybe I'm just being overly sentimental about my childhood. But, hey, I'm old; I'm supposed to be overly sentimental.
So now if you'll excuse me, I need to go practice my "Around the World" shots.
Greg Jayne is Sports editor of The Columbian. He can be reached at 360-735-4531, or by email at firstname.lastname@example.com. To read his blog, go to columbian.com/weblogs/GregJayne


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Welcome to Frankfurt Rhine-Main!
The Frankfurt Rhine-Main Region is an internationally renowned centre of business and culture located in the very heart of Europe. Beautiful vineyards, the rolling hills of the Taunus, an abundance of recreational parks and so much more, it's all right here! And if you think everything in Frankfurt Rhine-Main revolves around our international finance metropolis and continental Europe's busiest airport, think again! The region is in fact a colourful mosaic of cities, towns and villages, magnificent landscapes, urban excitement and rural beauty. And at the centre, one finds "the world's smallest metropolis", as Frankfurt locals call their home. Combined, these attributes help to lend Frankfurt Rhine-Main its unique charm and character.
Special Events
The Frankfurt Rhine-Main Region is well-known for its extensive variety of special events, from sporting highlights to cultural extravaganzas and everything in between.
Until 8/30/15 | Dialoge 02 "Künstlertourist:Urban Views"
Location: Galerie der Schader-Stiftung, Goethestraße 1, 64285 Darmstadt
Until 12/31/15 | Jugendstil in Darmstadt
Location: Museum Künstlerkolonie, Mathildenhöhe Darmstadt
Until 4/26/15 | Musikalische Kräuterwanderung
Location: Rochuskapelle, Rochusberg 2, 55411 Bingen am Rhein
Until 7/20/15 | Veranstaltungsreihe "DA stimmt die Chemie"
Location: Darmstadt, Innenstadt, Centralstation, darmstadtium
Until 6/14/15 | Zwischen Aufklärung und Romantik
Location: Hessisches Landesmuseum Darmstadt, Friedensplatz 1, 64283 Darmstadt


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text:
According to British tabloid Daily Mail, the alleged thief broke the Triumph Daytona 675R's ignition in an attempt to steal the three-cylinder sportbike in London. The Daily Mail reports the person stopped after a witness noticed the attempted theft and rode off on a different motorcycle.
May, who is nicknamed "Captain Slow" by Top Gear co-hosts Jeremy Clarkson and Richard Hammond for his careful driving style, had reportedly just picked up the Daytona 675R the day before the March 22 attempted theft.
An avid motorcyclist, May has owned a number of motorcycles over the years, with the new Triumph Daytona 675R the latest in his current collection which includes a Yamaha XJR1300, Moto Guzzi V11 Sport and a 1978 Moto Guzzi California.


text:
Feds peek at newest electronic security technology
Dozens of security companies gathered in the District last week to show off their newest products in hopes of snagging government contracts. But their cutting edge technology may also be cutting in on citizens' privacy, civil liberties groups say.
The ADT SecTech Expo celebrated its 10-year anniversary June 6 at the Atrium Hall at the Ronald Reagan Building & International Trade Center. The vacant space was transformed into a top-secret command center as ADT Security Services unveiled the latest in security technology. Many big-name security companies were on-hand, including: Honeywell Security, Bosch Security Systems, and General Electric Security.
Products varied widely. There were identity management tools like LG's eye-scan technology, IrisAccess. Security platforms were also on display, such as Comtrak Technologies' video surveillance and digital recording systems and Cisco Systems' card access control.
But at the center of it all, the crown jewel of the show, was the SecTech Control Center. A collaboration from multiple vendors, the control center linked up cameras and security systems from around the nation. On multiple monitors, visitors could witness what was going on around the corner, or in a bagel shop in New York with just a simple click of the mouse.
The American Civil Liberties Union and the Electronic Privacy Information Center weighed in on the matter, saying the technology impeded on individual's right to privacy and did not ensure a drop in violent crime.
"We don't think it is appropriate for American citizens to be tracked and surveilled as they go about their daily business," said Arthur Spitzer, legal director for the ACLU's National Capital Area. "This is exactly what George Orwell warned us of when he wrote '1984.'[TFI]"
Each year, ADT invites legislators at the state and federal level to show off the latest gadgets in hopes of drumming up business. Other government representatives are also invited, such as Department of Homeland Security, Transportation Security Administration, and members from branches of the U.S. armed forces.
Paul Brisgone, national director in ADT's federal systems division, said there are other security shows in the Washington-area, where thousands of people attend. But, the SecTec Expo, which has crowds around 200, is much more personal and consequential because of the clientele.
Mr. Brisgone says rather than have people walking around looking for "a free lunch and some trinkets" his show brings "individuals who make decisions."
"We try every year to bring new technology and show people what they're buying," he said. "We want to show them where we are, what we can provide and what our capabilities are."
One item on display was ADT's wireless mesh network video system. The technology is in the process of being installed in Richmond, Calif. The undertaking is expected to be completed next month said Janet Schneider, Richmond's administrative chief.
The technology is costing the city more than $2 million, Ms. Schneider said. Richmond is installing the surveillance cameras in high-crime areas.
"It certainly isn't a panacea," she said. "But we have high expectations it will deter crimes."
The city's seaport, Port of Richmond, which handles the trade of automobiles and fuel, is just nine miles from the Golden Gate Bridge. The port attained a $2.5 million homeland security grant to install the cameras.
In all, there will be more than 100 cameras installed at the port and crime hot spots. The cameras are programmed to recognize certain suspicious movements like fights, crowd gathering and climbing. If these movements are picked up, the cameras will trigger an alarm, prompting a security or police officer to take a better look.
"This technology will let us catch things while it happens," Ms. Schneider said, indicating it will help both police and prosecutors.
The District had plans for a similar video surveillance system. But in May, the city council cut funding in Mayor Adrian M. Fenty's proposed homeland security budget, killing the plan.


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~"Psalm 106:23 Therefore He said that He would destroy them,
Had not Moses His chosen one stood before Him in the breach,
To turn away His wrath, lest He destroy them."...
So don't say that God never meant to destroy the Hebrews,
to do so, makes God a liar.~
I am so happy to hear about this. My heart is filled with joy knowing that you now have given your life to Christ.
Just so, I tell you, there will be more joy in heaven over one sinner who repents than over ninety-nine righteous persons who need no repentance. Luke 15:7
They are rejoicing over you!!!! Keep going with your passion to serve Christ. Be obedient to His commandments and love Him with all of your heart (and His children)
Why are you searching for love? Why are you still looking as if I'm not enough?
I am really happy for you too! The angels are indeed rejoicing over you!!!!
Love you,
Just to know You and to make You known
We lift Your name on high
Shine like the sun, make darkness run and hide
We know we were made for so much more than ordinary lives
Its time for us to more than just survive
We were made to thrive
Casting Crowns
Being filled with the Spirit certainly emboldens us. Also...diggindeeper is right up above. As you maintain a consistent Walk in Christ, the DESIRE for sin will fade. You won't want to do those things any longer? Why? Because the flesh cannot exist in the same place as the Holy Spirit.
Just remember...don't be discouraged if you find the "Spirit high" fading. That just means that Christ wants you to seek Him daily. He wants you to establish a relationship with Him long-term. You will find that consistency with Christ is not just about living off of those Spiritual "mountaintops". Those are His blessings...and they renew us and give us strength! We can also have a daily strength in Him, but that requires us to SUBMIT daily TO Him. Open your heart completely. Don't hold anything back from Him. Be completely transparent and humbled before Him and He'll dwell within you and change your life.
God Bless!
Praise God! Welcome to the family, Boosh.
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Well I called it..... Frontier Airlines to move to Lambert's D Concourse Frontier Airlines is continuing to establish itself in St. Louis by moving its service to the D Concourse at Lambert-St. Louis International Airport effective Wednesday. The Denver-based airline, which currently operates out of Concourse A, expects the move to give its passengers easier access to their gates. The airline has recently announced increases to its service from St. Louis to Denver, Los Angeles and Cancun, Mexico. "Frontier's growing presence in St. Louis is representative of the renewed interest in this market," said Leonard Griggs, director of Lambert, in a statement. "Frontier's move to Concourse D will help to relieve the lengthy line of passengers which have frequently emerged at our Concourse A security check point," he said. The D Concourse had been occupied by American Airlines before it downsized its service to St. Louis and moved to the C Concourse. Looks like they are going to give F9 room to grow at Lambert by allocating them as many gates in D as they'd like. Looks good for future growth by F9 and hopefully we'll see MCO and LGA come online at some point in time as hinted by Mariner.
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Glastonbury 2010 registration closes today
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Jerome Mayor: Meet The Candidates
Jerome, Idaho ( KMVT-TV / KTWT-TV ) On Thursday the City of Jerome held a meet the candidate's night for the office of Mayor.
Joey Martin for Idaho's First News was there and sat down with all four candidates. Current mayor John Shine is fighting to retain his position. But candidates Joe Skaug, Dave Davis and Dale Ross all have different views for where they see the city going. On November 5th the official decision will be made by the voters in the City of Jerome. But for now it's up to John Shine, Joe Skaug, Dave Davis and Dale Ross to sway those voters in their direction. That was the purpose of Thursdays Meet the Candidates Night. We sat down with all four candidates and asked them the same question... Where do you see the city of Jerome going under your direction?" "I'm focused on business growth. I've done a lot of work while I've been mayor in improving communication with the public… improving the quality of our staff… improving services. I'm going to keep doing that." Said Candidate John Shine. "Under my leadership I want to see the city go where the people want to go. And that's something we've kind of deviated from. We need to listen to our citizens better and develop the city in the direction that the citizens want to see it go." Said Candidate Dale Ross. "I see open communication, I see the expenditures being cut in the city… mill levy going down and I see economic development becoming the forefront in the city." Said Candidate Dave Davis. "I see a bright future for Jerome under my leadership. The aspect I want to work on at first is the changing of the attitude… I want to work with the citizens… I've been greatly encouraged by many." Said candidate Joe Skaug. But in the end all the candidates are looking to share the same goal… Making the city of Jerome a better place to live. Most Viewed |
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Noise properties of uniformly-rotating RRFP Stokes polarimeters |
Optics Express, Vol. 21, Issue 8, pp. 9674-9690 (2013)
Enhanced HTML Acrobat PDF (1374 KB)
Rotatable retarder fixed polarizer (RRFP) Stokes polarimeters are most commonly used to measure the state of polarization (SOP) of an electromagnetic (EM) wave. Most of commercialized RRFP Stokes polarimeters realize the SOP measurements by rotating a 90° retarder to
OCIS Codes
(060.2310) Fiber optics and optical communications : Fiber optics
(120.2130) Instrumentation, measurement, and metrology : Ellipsometry and polarimetry
(260.3090) Physical optics : Infrared, far
(260.5430) Physical optics : Polarization
ToC Category:
Instrumentation, Measurement, and Metrology
Original Manuscript: January 22, 2013
Revised Manuscript: February 24, 2013
Manuscript Accepted: March 26, 2013
Published: April 11, 2013
Hui Dong, Ming Tang, and Yandong Gong, "Noise properties of uniformly-rotating RRFP Stokes polarimeters," Opt. Express 21, 9674-9690 (2013)
Sort: Year | Journal | Reset
- D. Goldstein, Polarized Light (Marcel Dekker, Inc., 2003), Chap. 27.
- H. Ito, K. Suizu, T. Yamashita, A. Nawahara, and T. Sato, "Radom frequency accessible broad tunable terahertz-wave source using phase-matched 4-dimethylamino-N-methyl-4-stilbazolium Tosylate crystal," J. Appl. Phys.93, 7321–7324 (2007).
- A. Galtarossa and L. Palmieri, "Reflectometric measurements of polarization properties in optical-fiber links," IEEE Trans. Instrum. Meas.53(1), 86–94 (2004). [CrossRef]
- L. Giudicotti and M. Brombin, "Data analysis for a rotating quarter-wave, far-infrared Stokes polarimeter," Appl. Opt.46(14), 2638–2648 (2007). [CrossRef] [PubMed]
- Manual of Thorlabs PAX Series polarimeters, http://www.thorlabs.com/NewGroupPage9.cfm?ObjectGroup_ID=1564
- A. Ambirajan and D. C. Look., "Optimum angles for a polarimeter: part I," Opt. Eng.34(6), 1651–1655 (1995). [CrossRef]
- D. S. Sabatke, M. R. Descour, E. L. Dereniak, W. C. Sweatt, S. A. Kemme, and G. S. Phipps, "Optimization of retardance for a complete Stokes polarimeter," Opt. Lett.25(11), 802–804 (2000). [CrossRef] [PubMed]
- G. P. Agrawal, Fiber-Optic Communication Systems (John Wiley & Sons, Inc., 2002), Chap. 4.
- R. Q. Hui and M. O'Sullivan, Fiber Optics Measurement Techniques (Elsevier Academic, 2009), Chap. 1.
- F. Goudail, "Noise minimization and equalization for Stokes polarimeters in the presence of signal-dependent Poisson shot noise," Opt. Lett.34(5), 647–649 (2009). [CrossRef] [PubMed]
- H. Dong, M. Tang, and Y. D. Gong, "Measurement errors induced by deformation of optical axes of achromatic waveplate retarders in RRFP Stokes polarimeters," Opt. Express20(24), 26649–26666 (2012). [CrossRef] [PubMed]
- F. Goudail and A. Bénière, "Estimation precision of the degree of linear polarization and of the angle of polarization in the presence of different sources of noise," Appl. Opt.49(4), 683–693 (2010). [CrossRef] [PubMed]
- H. Dong, Y. D. Gong, V. Paulose, P. Shum, and M. Olivo, "Effect of input states of polarization on the measurement error of Mueller matrix in a system having small polarization-dependent loss or gain," Opt. Express17(15), 13017–13030 (2009). [CrossRef] [PubMed]
- J. S. Tyo, "Noise equalization in Stokes parameter images obtained by use of variable-retardance polarimeters," Opt. Lett.25(16), 1198–1200 (2000). [CrossRef] [PubMed]
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Emrit vows to fight on for Windies recall
Trinidad & Tobago Newsday article.
Port of Spain, Trinidad - National allrounder, Rayad Emrit, is unsure what else he must do to earn a call-up to the West Indies team.
Emrit was a notable omission on the squad announced by the Windies selectors recently for a T20 and one-day home series against Ireland as well as the T20 team for the World T20 Championships next month in Bangladesh.
The 32-year-old, though, has been in the best bowling form of his life in the past year, finishing as the second best pacer at the inaugural Caribbean Premier League last year with ten wickets from eight matches with the Barbados Tridents.
He bettered that performance in the recently concluded Nagico Super50 where he won the award for Most Wickets (ten) as he helped Trinidad and Tobago reach the final.
Emrit, who made his ODI debut in January 27, 2007, and played his last match for the Windies four days later, has found it extremely difficult to get another chance in maroon colours.
The inexperienced Jamaican Sheldon Cotterell has earned a surprise call-up for the World T20 despite inferior T20 stats to Emrit while Bajan pacer Miguel Cummins, who was not even selected by his country for the Nagico Super50, has gotten the nod for the ODI series against Ireland.
"Yeah it's disappointing because I've done well in the tournaments they say that are worthy of selection.
"I guess the selectors have the guys they are looking at but hopefully I will continue to work hard and open the eyes of the right people," he said.
Asked if being a Trinidadian may be working against him as there are already quite a number of Trinis in the Windies squad, Emrit said "I would hope not.
"It really is disappointing to do so well because I've been really working hard at my batting and bowling.
I have to find out (what else I have to do to earn selection) and when I find out I would let you know," he said.
The Merry Boys player noted though that he is not going to let the snub by the selectors weigh on him too much and is keen to continue his good form in the 2014 regional four-day season.
"Yes I'm disappointed but cricket must go on. I have the First–Class season to look forward to and I am not going to let that affect the way I play," he declared confidently.
And he has already set his targets for the remainder of the season with the Red Force where he is expected to play a crucial role in trying to get them back into the finals.
"Last year I got the most wickets for TT alongside Imran Khan and hopefully I can repeat that.
"I also want to do better with the bat but I'm not going to get ahead of myself and just take it one game at a time," he continued.
He expressed thanks to God and the national fitness trainers including Oba Gulston and Jason for their work in helping him rehabilitate fully from a shoulder injury picked up at the T20 Champions League in India last year.


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Things to see and do - Halle
Leaving for Belgium
Where to sleep?
Halle Hotel tips
Alsput Hotel from65 €
Book -
Hotel Les Eleveurs from105 €
Book -
Shelter Studio from55 €
Halle Travel guide
Halle : Michelin's recommendations
Since the 13C, the town has revered the Black Virgin, who is the object of a famous annual pilgrimage.
Tourist attractions Halle : Things to see and do
B - 1500 Halle
This 14C Brabant Gothic basilica has a square tower topped by a corner pinnacle, a Baroque lantern and a 54-chime carillon. Note the South Porch with its Virgin and Child surrounded by angel musicians. The interior houses numerous artifacts and fine ..
Southwest Brabant Museum
Kardinal Cardijnstraat 7 B - 1500 Halle
Housed in a 17C former Jesuit college, this museum reflects the region's bygone way of life, with objects found during digs, early tools, baskets made in Halle in the 17C and 18C, Huizingen porcelain etc.
B - 1500 Halle
Near the basilica, the early-17C Renaissance Town Hall, restored in the 19C, has a harmonious façade. A statue of the 19C cellist Adrien-François Servais, who was born in Halle, stands in the middle of the square.
Hotels Halle
Alsput Hotel
Alsputweg-Hollestraat 108 B - 1500 Halle
This intimate hotel features a restaurant, a tavern and a spacious garden with a terrace. Alsput offers free Wi-Fi and is set in a quiet green location. The centre of Brussels, which includes sights such as the Atomium and Grand Place, is 25 minutes'..
Hotel Les Eleveurs
Suikerkaai 1A B - 1500 Halle
Located in the centre of Halle, 220 metres from the Central Train Station, Hotel Les Eleveurs features an à la carte restaurant, free WiFi throughout the accommodation, a garden terrace and the possibility to rent bicycles. Free private parking is av..
Shelter Studio
Pallieterweidestraat,69 B - 1501 Dworp
Restaurants Halle
De Kaai
Suikerkaai 12 B - 1500 Halle
This family-run establishment combines a modern decor and traditional cuisine. Chef Christian Devreker sources ingredients with a distinct preference for seafood. He skilfully creates dishes that showcase the quality and freshness of the produce.
Les Eleveurs
Suikerkaai 1a B - 1500 Halle
This inn once frequented by horse breeders dates back to 1897. The 'Lady Chef 2009' Sophie Dumont rushes around the kitchen, while the owner takes care of the wine cellar and tastings. Two generations of rooms with the same conveniences. Excellent br..
't Kriekske
Kapittel 10 B - 1500 Halle
You will get a warm welcome at this simple but charming establishment in the peaceful Halle forest. The food is traditional, well-prepared and unmistakably Belgian! For dessert try the marinated cherries (with vanilla ice cream), but watch out - they..


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- WR Rankings In Louisiana For 2016
- Tahj Brown C/O 2018 Spotlight
- Andrew LaBruna C/O 2016 Spotlight
- Cameron Gorman: Class of 2016 Spotlight
- Bryce Turner 2016 Spotlight
- Garrett Hooker 2016 Spotlight
- La'Darius Hamilton – Corrigan-Camden HS
- Londyn Craft C/O 2016 Spotlight
- Quartney Davis 2016 Spotlight
- 2016 TE Rankings In Louisiana
Chris Frey Jr. Receives Kentucky Offer
- Updated: May 13, 2013
Chris Frey Jr. officially received the offer he had been waiting quite some time for. The University of Kentucky has extended a scholarship offer to Frey, a 3 Star OLB out of Ohio, making it his 11th offer, with the likes of Michigan State, Purdue, and Boston College offering, also. There was a rumor out that Frey Jr. was leaning toward committing on his visit to Michigan State today, but his Kentucky offer has now changed this. He told me today that he has "a lot of interest" in UK, and that UK is definitely one of his favorite schools. He says his favorite schools are Michigan State and Kentucky right now, and will likely make a decision in the near future. He says he would like to make a decision "before July 31st", and that he will likely announce at "either a camp, or with family and friends."
Chris is known as one of the underrated prospects in Ohio, but he has the talent to prove his ability at the next level. His skill set ranges greatly, and will fit in well with any program he decides to attend. Chris Frey Jr. is a player to watch out for, and I will keep you updated more as I hear from him.
Stay tuned, and as always, follow me at @RecruitKentucky on Twitter for the latest news in both Football and Basketball.


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ARCH 110AC at University of California, Berkeley
The Social and Cultural Basis of Design
21 ratings
Reviewed on
Dec 20, 2010
Is this helpful?
Yes (1) No
This class is really dumb. There's a lot of busy work and silly projects that you could have gotten an A on in high school but now might just blow off. Some of the readings and guest lecturers however are really interesting and applicable to practice


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Bradenws July 30, 2012 9:00 AM I've always loved Kimi, and Grosjean is quickly endearing himself to me as well with his similar attitude. This may be the coolest team in F1 right now. Reply Report abuse 55 agree 2 disagree
Neutral Racer - Unregistered July 30, 2012 9:01 AM Great race from Big John. Has impressed this season and proved 2009 was just a case of too much, too soon. Before this season he was best known for having big hair, working in a bank, and crashing into Button's at Spa. 4 agree 1 disagree
sokudo - Unregistered July 30, 2012 9:13 AM Great attitude to have. Especially enjoyed the fact he mentioned that he had done exactly the same to Seb at the start. Really beginning to like this team. Both drivers are doing a great job (both are quite laid back and likeable too tbh) and the car is being developed pretty well it seems. 26 agree 1 disagree
blublz July 30, 2012 9:22 AM 'Kimi did what he had to do' and 'i really made a mistake out there' ! What kind of F1 team are Lotus running? DPironi will need to exhume himself and sort these two out! Reply Report abuse 0 agree 18 disagree
Tomtom - Unregistered July 30, 2012 11:54 AM RGStop moaningn accept the fact that u r slower when it mattered in last stint on the prime tyres.Even u r ahead of Kimi at that last stint, Kimi would still overtake u. Ur 9 second off to Kimi and unable to match their speed to the finish line 1 agree 19 disagree
Emma - Unregistered July 30, 2012 12:18 PM This was awesome! I love that both drivers were being encouraged over their team radio's to race. Neither were told to give in to the other. That is exactly how racing should be. Full respect to Lotus. 36 agree 1 disagree
MikeG July 30, 2012 12:53 PM I've never liked this team much in the past, but their willingness to allow their drivers to go at it and race is awesome. They are doing the Lotus name proud this season. Long may it continue. Reply Report abuse 23 agree 1 disagree
Pole Position - Unregistered July 30, 2012 2:57 PM Yeah, that's great. But, tell us how u really feel..... 2 agree 2 disagree
Mark _ July 30, 2012 3:22 PM @Emma - if one of them had a shot at the title they may not have let them race like that. When going for race wins instead of the title they will race differently. Reply Report abuse 1 agree 2 disagree