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Very solid, good driving car. Only one in North America. Not a trailer queen, ready to go. Easy to start with combined starter-generator and magneto... More
Please call for info, vehicle is in storage so please schedule an appt.... More
Oldsmobile Model 30 Tourer 1924 in very good condition 1924 Oldmobile Model 30 Tourer in very good restored condition. The car has a 2774 cc... More
Ford Model-T 1924 roadster restored in very good condition This Ford Model-T is in a very beautiful condition and well maintained. It has the original... More
1924 Dodge Brothers Touring. Older, unfinished restoration on a rust free Southern car. Rebuilt engine.... More
This car is in the Dragone Auctions Greenwich Car Event Weekend Auction on Saturday May 30th. For more info please visit our website: www.dragoneclassic.com/auctions... More
This car is in the Dragone Auctions Greenwich Car Event Weekend Auction on Saturday May 30. For more info please visit our website: www.dragoneclassic.com/auctions... More
This stunning Red 1924 Maxwell Touring Car is a real eye catcher. It is in Excellent condition and runs great. The body is bright red... More
This 1924 Buddy Stewart Canopy Express Truck is very rare, original as possible. The Stewart Motor Company was founded in 1912 in Buffalo, NY by Thomas... More
Dodge 1924 roadster truck, 140" wb, 18' long, rust-free, Montana truck, flatbed, wood spoke wheels, driveline, western vehicle, rolls, located in MN... More
Few Ford Model T's look as sharp as this handsome 1924 Roadster. Just in time for summer antique car shows and tours! Excellent modern... More
Shown here is a fun little Ford Model T Touring Car. This Touring has just the right amount of patina to enhance the antique... More
Selling my Model T and collection of related parts. I restored this car 55 years ago. It has always been garaged since the restoration and... More
"Mercedes-Wagen mit Gebläse" -sport-phaeton. "Matching numbers"- engine, and original body. Early supercharged Mercedes- car, but one of the late deliveries out of this series. Extremely expencive... More
For sale in our Orlando showroom is a 1924 Ford Model T. Built for the masses the Model T employed the most advanced technology... More

subset: commoncrawl


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Gooding High School Student Art Show
Event Details
Date(s) & Time(s)::
April 24, 2013 at 4:00 PM until 8:00 PM
Location: GHS Gym- 1050 7th Ave W. Gooding, ID 83330
Link: http://www.Goodingschools.org
Event Description
You are invited to the Gooding High School Annual Student Art Show! It will be held in the high school gym during student-led conferences.Return to event list.
Wednesday, April 24th 4:00-8:00 pm
Thursday, April 25th 1:00-6:00 pm
Woodworking, metals, sculpture, painting, drawing, and much more. Come support Gooding High School students and enjoy a look back over the last 100 years at GHS!
Most Viewed


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Warriors of the 3 Kingdoms (W3K) is a war-themed MMO that combines real-time strategy and the traditional elements of RPGs for a unique gaming experience. Players embark on an epic journey towards their destiny as a hero battling warriors from distant nations, multiple bosses, and rebel troops. The four distinct classes in W3K are:
Swordsman – Swordsmen are males notorious for their quick tactics using deadly two-handed swords. They possess high levels of stamina, and master offensive attacks that are beneficial during war.
Crusader – Crusaders are females who are known for their swift, fatal blows. They are armed with long swords for extreme accuracy during combat.
Warrior – Warriors are females with incredible strength to handle heavy weapons. Armed with the great sword she can deliver steady accurate attacks flawlessly.
Brute – Brutes are males. They possess monstrous strength and the ability to administer massive amounts of damage. Brutes are armed with the heavy cudgel and a shield for protection.
- Status: Released
- Business Model: Free to Play
- Developer: Asiasoft
- Publisher: Asiasoft
- Category: Stand-alone
- Genre(s): 3D, Adventure, RPG, Fantasy
- Platforms: PC
- Editor's Score: 3/5
- Pros:
- +Large game world.
- +Innovative gameplay.
- +Spy missions.
- -Character creation lacking.
- -Limited in upgradeable weapons.
- -Experiences lag during combat.
- Recommended System Requirements:
- OS: OS: Windows XP / Vista / 2000
- CPU: Intel Pentium 4 2.0 Ghz
- GPU: Graphics Card: nVidia GeForce 7000 / ATI Radeon 1600 5.0 GB Free
- HDD: 5.0 GB Free
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- Dead Frontier Review
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- Extensive addition introduces aquatic gameplay, an overhauled diplomacy system, hybrid Affinities and more!
- Destiny Launch Review
- Destiny. It has been both lambasted and heralded as greatness, as Metacritic scores can attest.


text:
Author(s): Tubbs, David L.
ISBN 10: 0691122989. See all ISBN's
Publisher: Princeton University Press
This is an eTextbook Learn More
Has contemporary liberalism's devotion to individual liberty come at the expense of our society's obligations to children? Divorce is now easy to obtain, and access to everything from violent movies to sexually explicit material is zealously protected as freedom of speech. But what of the effects on the young, with their special needs and vulnerabilities? Freedom's Orphans seeks a way out of this predicament. Poised to ignite fierce debate within and beyond academia, it documents the increasing indifference of liberal theorists and jurists to what were long deemed core elements of children's welfare.
Evaluating large changes in liberal political theory and jurisprudence, particularly American liberalism after the Second World War, David Tubbs argues that the expansion of rights for adults has come at a high and generally unnoticed cost. In championing new "lifestyle" freedoms, liberal theorists and jurists have ignored, forgotten, or discounted the competing interests of children.
To substantiate his arguments, Tubbs reviews important currents of liberal thought, including the ideas of Isaiah Berlin, Ronald Dworkin, and Susan Moller Okin. He also analyzes three key developments in American civil liberties: the emergence of the "right to privacy" in sexual and reproductive matters; the abandonment of the traditional standard for obscenity prosecutions; and the gradual acceptance of the doctrine of "strict separation" between religion and public life.
All ISBN's for this title:
ISBN 10: 0691122989, ISBN 13: 9780691122984, eISBN 10: 1400828074, eISBN 13: 9781400828074
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Mobile game development, game design and 3d
Ukraine - Last active: 13 hours ago - Tests: 1 - Portfolio: 79
Custom game development services: Mobile games development; Artwork and GUI design; 3d and Motion Graphics; GDD development; UX design. More than 4 years of experience and more than 250 completed game projects.
Mobile Guru - iOS + Android Apps & Game Development
India - Last active: 4 days ago - Tests: 4 - Portfolio: 9
**TOP RATED By oDesk** Expertise in : iOS + Android & Required Backend Developed over 45 "Apps" and "Games" running successfully on iTunes Store & Google Play Store Areas of Specialization : - iOS/Apple Mobile Application Development. - Android/Google Mobile Application Development. - iOS/Android Cross Platform Multiplayer Game Development - RESTful API Development (Web-services) Expertise - Native: Objective-C, Swift, Android, Java, C++ - Cocos2dX + Cocos2d - Cross Platform Code - NextPeer Multiplayer Gaming framework - Web Service Integration: HTTP, RESTful, JSON/XML, RSS - Social Media Integration: Facebook, Twitter, LinkedIn, Google+, Youtube - Cloud Backend: Parse.com, Amazon S3 - Bluetooth LowEnergy(BLE), iBeacon, NFC - In-App Purchase and In-App Billing, Paypal and credit card Integration, Stripe - Google Maps, Foursquare, Geolocation, GPS, Geofencing, Open Street Maps - Push and Local Notification, Google Analytics - iAd, Admob, Revmob, ChartBoost - Google Translate, Google TTS - Barcode/QRCode recognition and generation - CoreData, CoreLocation, Sqlite, MySql - Amazon, Heroku, Git, Bitbucket, TestFlight
IPhone,Android,Cococs2d,Cocos2dx,Windows phone,Game Development
Pakistan - Last active: 5 days ago - Tests: 3 - Portfolio: 7
Programming for iPhone developing cool games is my passion as i was born to be a developer, i believe! My objectives are: * Give highest priority to quality of my work rather than rate. * Earn trust of every employer. * Work with the vision to make long lasting contracts with employers
Expert in mobile,web,game development,data entry and embedded systems.
Pakistan - Last active: 15 days ago - Tests: 2 - Portfolio: 1
I am simple, cool, honest and enthusiastic person. I have been brilliant in programing and data entry. I have four year experience in programing on different languages, platforms and in data entry. Following are my vast diverse set of proficient skills. .NET Framework (C#) MVC3 HTML CSS JavaScript Ajax MS-SQL Server Windows 7/XP/98 Yocto Build Systems C/C++ Java Android X86 Assembly Bash Scripting and Programing ASP.Net JSP XML MySQL Oracle Linux/Ubuntu Windows 98/2000/xp/vista/7/8 Data Entry MS Word MS Excel MS Power Point One of the great achievement of mine is open source contribution on meta-fsl-arm forum by adding the support of i.mx31pdk machine in Yocto Freescale BSP. Links are following 1) https://github.com/Freescale/meta-fsl-arm/blob/64e94efb9ca247e854f73932c6f6353c1a8c6b1e/conf/machine/imx31pdk.conf 2) https://github.com/Freescale/meta-fsl-arm/blob/b3fa3b35b9f706deadaacad9044b5cca397e6380/conf/machine/imx31pdk.conf One of my marvelous project is National Digital Research Repository. Following is the link http://aim.pucit.edu.pk/ndrr/ Besides this I have worked on embedded system, web development, mobile development and game development. My aim is to provide the benefit from my skills to the clients and satisfy their needs.
iPhone / iPad / Game Development Rockstar
United States - Last active: 1 month ago - Tests: 4 - Portfolio: 5
I'm a regular jack of all trades. I've worked on games for PC/Mac, games for the web, games for consoles, and games for mobile devices. I have experience in senior and lead roles and a track record of successfully shipping products. I enjoy working on challenging problems and helping bring projects to life. Specialties: Game programming, performance analysis, optimization, SIMD programming, Unity3D, iOS & mobile LinkedIn: http://www.linkedin.com/in/patrickflanagan
Top level professional Architect and SW engineer
Russia - Last active: 28 days ago - Tests: 21 - Portfolio: 4
Make things done! I'm a professional C/C++ developer with more than 12 years of experience. I have been working both for a companies from Fortune 500 list, and a small local companies. My core competency lies in the world of mobile applications, SaaS and PaaS, desktop software and games development. I love to do my work right and really enjoy being respected for the things i do.
- OpenGL
- Game Development
- Microsoft Foundation Classes (MFC)
- Standard Template Library (STL)
- Embedded Systems
- .NET Framework
- Microsoft Visual C++
- Mobile App Development
- API Development
- Amazon EC2
- Process improvement
- Microsoft Visual Studio
- Joomla!
- WxWidgets
- Agile software developmennt
- Windows App Development
- Performance Tuning
- Perforce
- IBM Rational Rose
- Android App Development
Software Engineer
Russia - Last active: 1 day ago - Tests: 10 - Portfolio: 2
Over the last 5 years, I was involved in development of a wide range of software using Adobe Flex/AIR, Microsoft .Net, С++. My core competency lies in front-end web development via Adobe Flex and desktop application development via Adobe AIR, Microsoft .Net and C++. I have Master of Science in Applied Mathematics degree. I am am seeking opportunities to use my knowledge in real-world applications.
TOP RATED Graphic Designer | UI/UX | Website | Badass Creative
Argentina - Last active: 1 day ago - Tests: 17 - Portfolio: 2
TOP RATED!! Since 1985 designing and coaching companies of all sizes and industries. My passion and dedication have been rewarded with 26 international awards, Including New York and London Festivals. From everlasting logo design to the most complex UX mock ups and UI crafting, I am as enthusiastic as the first day. I am detail oriented (very picky) and deadline driven. I add value to my work by providing new insights, vision and ideas. I see the big picture even when clients assign me a very specific detail of a work. I am a natural out-of-the-box thinker and creative problem solver. Before applying a traditional method I push the boundaries to let the innovation gain terrain. HIRE ME NOW! You will never let me go! Do it before I become more expensive!
Top 10 Mobile Game Developer
Bulgaria - Last active: 5 days ago - Tests: 3 - Portfolio: 10
I aim to create addictive and high quality games. Several of the games that I developed for clients got featured by Apple and I am in top 10 in the "Game Programming Concepts Test". I have deep knowledge in the whole process of developing and releasing a game and I always strive to educate my clients in all steps of the game development process so that we make a great product. I have experience with game logic, engine development, graphics programming and tools. My primary languages are C/C++ and Objective-C and I'm proficient in various iOS game engines, DirectX and GPU programming. oDesk has recognized me as one of their top Mobile Developers. See the badge on the right of my profile for more information.
Corona SDK, iOS, Android Game Developer
Russia - Last active: 1 month ago - Tests: 3 - Portfolio: 12
Expert in Lua and Corona SDK. Developing cross-platform mobile apps and games. iOS (iPhone, iPad) and Android. Earned Corona Ambassador title. Advanced skills in making native plugins for Corona Enterprise (Objective-C, Java, C). Using Go and Google App Engine for backend development. Great programming background: C, Python, JavaScript, PHP. Expert in networking: TCP, UDP, HTTP, REST, JSON, etc... Expert in Linux based OS (Ubuntu Server is preferable). Advanced skills in Graphics Design - Photoshop, Pixelmator and iDraw. My website - http://spiralcodestudio.com/
- Corona
- Lua
- Game Development
- iOS Development
- iPhone App Development
- Android App Development
- Golang
- Python
- Linux System Administration
Groups: Corona Labs


text:
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We offer the most comprehensive selection of hostels on the internet with over 35,000 great places to stay in 180 countries. The ultimate online resource for hostels everywhere.Find great value hostels »


text: Welcome to Dragonfrog's Den Of Treasures! We are so happy to have you visit our store! Spring has officially arrived! Warmer, longer days are ahead! Spring cleaning and redecorating are on our minds. We may have just that special treasure for that perfect spot in your home. We are out hunting goodies every weekend so check back often for new treasures! We offer secure packing and fast shipping. We will be adding some wonderful new items in the coming weeks. We stock your favorite holiday items year round. We offer a liberal return policy. Returns will be accepted for 14 days after purchase with choice of a partial or full refund.


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3 Steps to a Revitalized Bathroom SpaceBy · Comments
The bathroom can be one of the most neglected rooms in the house. It is said that a person can spend an average of 3 years on the toilet. You comb your hair, brush your teeth, shave, and you know what in the bathroom, so why not pay a little attention to it and spice it up a little? Renovations can be daunting and costly for any homeowner, but simple changes can revitalize any space and make it look brand new!
So, put your D.I.Y hat on and let's see how these simple and easy steps can make a difference in the look and feel of your home.
Step 1: Pick a style or inspiration.
Choosing a specific style, theme or inspiration is the building block for the development of your space.
Are you the modern, minimalist and streamlined type? Modern spaces focus primarily on function and organization. These spaces are simple and spacious with clean lines and industrial materials like chrome and glass.
'Tis the Season: 5 Days of Holidays Giveaway!By · Comments
This holiday season American Standard is spreading the holiday cheer to all of our fans! The holidays are a time for us to show appreciation to the ones that we love and create long-lasting memories. To show our appreciation to fans like you, we are giving you the opportunity to win American Standard kitchen and bath products in our 5 Days of Holiday Giveaway on our Facebook Page.
Win prizes like the Xavier Pull-Down Kitchen Faucet with SelectFlo Technology:
How do I enter?
To enter, simply visit American Standard on Facebook and answer the daily questions as a post reply beginning on Monday, December 8th to Friday, December 12th. Entries are limited to one per question.
Giveaway winners will be announced via Facebook on Monday, December 15th. U.S. and Canada residents only. Read the official rules after the jump!
Everyone deserves a safe place to "go".
Did you know that the advent of the toilet has saved more lives than any other invention in history? That's right – more than seat belts, vaccinations or any medical device, modern sanitation has improved women's equality, living conditions, health and even economies!
Last year, we awarded Williamsburg Elementary School in Williamsburg, Ohio with 10 brand new toilets to replace their outdated facilities which hadn't been changed in decades! We also awarded organizations like the Family Bridge Homeless Shelter, Winfield Area Habitat for Humanity, and the Natchez Festival of Music with new, water-efficient toilets and funds towards the installation.
EDIT: We have a winner! Congratulations to Our House Residential Job Training Program for Youth in Brookeville, Maryland which received multiple nominations and captivated our panel of Judges with their moving mission to equip abandoned, abused, homeless, and orphaned teenage boys with carpentry skills, workforce readiness, and GED preparation. Here are their nominations!
Congratulations! Our House will be receiving 7 toilets and 3 urinals for their new training center, along with $2,000 USD from American Standard to use towards installation. Thank you to all who submitted a nomination to this year's contest and shared your passion for providing a deserving organization or individual with new toilets.
This year, we're once again making an ode to the commode by awarding a deserving organization or individual with Thank You Toilets & $200 USD per toilet (to be used towards installation) for their home, school or other facility. The winner will be announced on World Toilet Day, November 19th!
How can you make a nomination?
From now until November 14th, 2014, nominate one deserving group or individual to receive a toilet or toilets (up to 10) of their choice from American Standard by uploading a photo of their current bathroom facilities to Instagram. Be sure to include the following caption (in 50 words or less):
- How the nominee has had a positive impact on others on a personal/community level;
- Why the nominee would benefit from and is deserving of receiving up to a maximum of 10 new toilets (i.e. outdated facilities which need renovating, etc.)
Don't forget to include the hashtag "#ThankYouToiletContest" and tag American Standard at "@American_Standard" in your caption to make it official! Don't have an Instagram account? You can still enter by sending us your photo and caption to firstname.lastname@example.com. (see official rules for more details)
A panel of judges from American Standard will evaluate each submission using the criteria listed above. The winning organization, group or individual will be announced on World Toilet Day, November 19th, 2014! No purchase is necessary. This contest is open to legal residents of the (50) United States ,the District of Columbia and Canada (excluding Quebec) 18 years of age or older. Official rules after the jump.
3 Easy Bathroom Updates for Aging in PlaceBy · Comments
When you've got family members from different generations living in your home, it's important to be sensitive to everyone's changing needs. Sometimes you must walk a fine line with seniors because they highly value their independence, but their aging bodies can betray them in their physical abilities. As the years go by, seniors can experience reduced hearing and vision and decreased muscle strength and mobility, which can increase the risk of falls.
One of the most dangerous rooms in your home for fall risks is the bathroom. When you combine slippery tile on the shower and floor along with small, hard-to-maneuver spaces, the result can be disastrous. Fortunately, there are a number of modifications you can make to this room to make it safer and more secure for your entire family.
Bathtub Solutions
Today's scalable bathing solutions offer optimal comfort and convenience while still retaining their aesthetically pleasing qualities. One example is American Standard's Ovation Bathtub. This modern, sleek, extremely durable tub comes in easy retrofit sizes for existing bathtub alcoves while allowing its occupant more bathing space and elbow room. It also has textured anti-slip floors that drastically increase bathtub safety.
Another great option for a comfortable and safe bathing experience is a walk-in bathtub. These models, also available from American Standard, are complete with a generous seating area, multiple grab bars, and simple lever handles that are easy for arthritic hands to use.
Safer Floors
Maximizing floor space for easy navigation is another way to make your bathroom safer for seniors. Installing space-saving fixtures like toilets with compact elongated bowls and pedestal sinks allow for more room to maneuver in the bathroom. Once you've created more floor space, make sure that it is free of any trip hazards such as loose rugs, toys and clothes.
Grab Bars
Grab bars, especially those strategically placed near the toilet and in the shower, do wonders for fall prevention in bathrooms. Standing on one leg for a senior can be difficult enough, but when lifting the other leg over a tub wall at the same time, things can get downright precarious. If you or anyone in your home has mobility or balance problems, installing grab bars can do just the trick for aging in place and bathroom safety.
How do you plan on making your bathroom safer?
Sarah Kellner is a writer for The Home Depot who frequently writes on safety tips and home design topics. See the full array of bathroom safety products available at homedepot.com
It's summer time and that means it's vacation time! Whether you decide to relax on the beach or go camping in the woods, vacations allow us to sit back, relax and be worry free for a few days.
Flight and hotel booked… check, Passport… check, Suitcase packed… check! Now what's next? Your home of course! Preparing your home can aid in avoiding any unexpected events such as broken water connections, power surges and high utility bills. So, it is important that when you are planning a vacation to make sure that you include taking steps to protect your home while you're away.
Here are some things to look for:
1. Check for leaks. This includes water, air and gas leaks. It is important to continuously monitor all of the sources for potential water leaks such as the water meter, garden hose, hose-bibs, and valves. Locating the source of a leak can be a difficult process, so hiring a professional would aid in fixing the leak and preventing any future problems.
"Paranormal" Pipes Explained!By · Comments
Next time you hear that inexplicable clank in the middle of the night, no need to fret; our plumber friends at RotoRooter attempt to explain the "paranormal" pipe activity this Halloween:
It is the season of ghosts and goblins, when people like a good scare in the spirit of Halloween, but what about the other 11 months of the year? We have listed the top 10 cities notorious for being the most haunted places in the U.S., reportedly home to many inexplicable, ghostly encounters of sight and sound.
While we cannot account for the visions some claim to experience, many homeowners who find they are jumping at crashes, clanks and bumps in the night, might consider calling in an expert… a plumbing expert. Below is a list of the 10 most haunted cities, along with the five most common plumbing noises confused for paranormal frights.
According to TopTenz.net, a popular list website, the Top Ten Haunted U.S. Cities are:
- New Orleans, LA
- Savannah, GA
- Gettysburg, PA
- Chicago, IL
- Salem, MA
- Charleston, SC
- Portland, OR
- Athens, OH
- Key West, FL
- San Francisco, CA
Plumbers Explain the Paranormal
What do these places have in common that helps to explain their haunted atmospheres? History! These are some of the oldest, most traveled cities, and historic areas have historic buildings and homes. Older homes may come with some ghosts, but they also tend to come with some noises that can be more easily explained.
A common complaint of clanging or rattling is usually a culprit of unsecure piping and walls that are not insulated.
Additionally, old metal pipes, as opposed to standard use of plastic today, expand and contract with hot water usage creating horrifying hissing or creepy cracking sounds.
Simple kinetic energy accounts for one of the loudest plumbing problems, called a water hammer. Water hammers typically occur when dishwashers, washing machines or toilets suddenly stop the flow of water and the pipes absorb the shock from the stopped force. When the water is shutoff, there is a loud banging sound.
Everyone deserves the dignity of a working toilet.
Did you know that the advent of the toilet has saved more lives than any other invention in history? That's right – more than seat belts, vaccinations or any medical device, modern sanitation has bolstered better living conditions, better health and even better economies! This year, we're making an ode to the commode by awarding a deserving organization or individual with up to ten (10) Thank You Toilets for their home, school or other facility and $200 USD towards the cost of installation per donated toilet. The winner will be announced on the newly United Nations recognized holiday World Toilet Day, November 19th!
How does Thank You Toilet Work?
From now until October 30th, 2013, nominate one deserving group or individual to receive a toilet or toilets of their choice from American Standard by sending us their story to email@example.com. Be sure to include the following (in 500 words or less):
- Why you believe this group or individual is deserving of the toilet(s) – have they made profound impact on a personal or community level?
- How they will benefit from the Thank You Toilet(s)
- (Optional) Any pictures of depicting the current state of the facility, at least 200×200 pixels
- Contact information (Name, Phone Number and Address) for both nominee and entrant
A panel of judges from American Standard will evaluate each submission using the criteria listed above. The winning organization, group or individual will be announced on World Toilet Day, November 19th! No purchase is necessary. This contest is open to legal residents of the (50) United States ,the District of Columbia and Canada (excluding Quebec) 18 years of age or older. Official rules after the jump.
UPDATE November 19th, 2013: Congratulations to Williamsburg Elementary School in Williamsburg, Ohio for being selected as this year's Thank You Toilet winner! The elementary school, which currently uses fixtures that are original to the building, will benefit from new water-efficient models! Thank you to all of the nominators for submitting your nominations. Happy World Toilet Day!
If you're a poet and didn't know it, this contest's for you!
As a personal fan of toilet humor and the arts, Professor Toilet was beyond thrilled to learn of National Bad Poetry Day (August 18th); an annually celebrated holiday that celebrates terrifically terrible verses and the not-so-gifted poets behind them. This year, we want to recognize all of you closet bards by presenting you with a challenge with a fabulous prize to the best (bad) poem. All you need to do to enter is submit one Haiku or poem about the prize of your choice (see below for options). Here's an example Haiku with a dash of toilet humor:
Mother Nature Calls
American Standard Answers
Champion in my stall
Think you have what it takes to create some terrible verses and make Professor Toilet and his team laugh? Here's How to Enter:
To enter to win either (1) Champion PRO Right Height Elongated Toilet in White OR (1) Quentin Widespread Faucet and (1) FloWise Traditional Showerhead in Polished Chrome, leave a comment on this post with your original poem (Haiku, Acrostic, etc.) about the prize of your choice. Limit 5 entries per person.
Professor Toilet and his team will choose their favorite entry on Monday August 19th, 2013 as the winner, so hurry and enter before August 18, 11:59PM ET. No purchase necessary to enter or win. Must be U.S. resident (50 states or D.C.), 21 or older, to participate. Good Luck!
Update: Congratulations to Jackie S. who submitted the following poem:
Champion Pro I love you so,
you flush like no toilet I know,
You flush a phone, a toy a ball,
you keep on flushing through it all.
When someone buys a pro like you,
They help the needy people too.
You stand so tall,
and very proud,
you are a toilet to keep around.
Professor Toilet and his team loved reading through your hilarious and creative entries. Thank you to all who entered and stay tuned for more toilet news and tips on the Professor Toilet blog!
He spends his free time volunteering at the soup kitchen, soothes scraped knees and coaches the local soccer league…
Here's to the Champion dads that stand up for what they believe in; whether champions at home, in the community or at work, we want to hear what YOUR Champion dad does. Nominate your dad by telling us his story for a chance to win a $100 American Express gift card!
Water-Conserving Reliability with the Champion PRO Toilet
With water-efficient flush rates of 1.28 gallons per flush (GPF) and 1.6 GPF, the Champion PRO Toilet offers not only superior flushing power for dad, but will also save water with every flush. All 1.28 GPF Champion toilets are WaterSense® certified so his "throne" is beautiful, powerful and earth-friendly.
Give dad another reason to be a superhero; for every Champion toilet you buy, American Standard will donate one Sanitary Toilet Pan for distribution in a developing country, helping saving thousands of lives through better sanitation. Learn more at FlushForGood.com
How to Enter
To enter to win a $100 American Express gift card, leave a comment answering the question "Why is your dad a Champion?"
Professor Toilet and his team will choose their favorite entry on Monday June 24th, 2013 as the winner, so hurry and enter before June 21st, 5PM ET. No purchase is necessary to enter. This contest is open to US and Canada (excluding Quebec) residents. Good Luck!
Be a Champion today and help save lives by visiting FlushForGood.com
Update: Congratulations to Athena F. and her Champion Dad!
Remember that bag of potpourri you got for your Mom that one Mother's Day? Or what about that colossal "my-size" teddy bear? This year, get your Mom something she'll actually use…
This Mother's Day, Professor Toilet and his team are celebrating all the wonderful Moms with a giveaway starting now and leading up to No Dirty Dishes Day on May 18th! All you have to do is tell us, in the comments section below, what your Mom's time is better spent doing instead of washing dishes (i.e. golfing, painting, scuba diving?).
On May 20th, we will choose our favorite comment to win a Quince 1-Handle Pull-Down Spray Kitchen Faucet. This casually styled kitchen faucet makes clean-up a breeze with its two spray functions, memory position handle to set water at your preferred temperature and a high arc swivel spout. Now all that's missing is a volunteer to make "No Dirty Dishes" a reality…
How to Enter
1. To enter to win the Quince 1-Handle Kitchen Faucet, leave a comment answering the question "What is your Mom's time better spent doing instead of washing dishes?"
2. Also, tell us how your mom would use this kitchen faucet (perhaps to whip up a favorite recipe?).
Professor Toilet and his team will choose their favorite entry on Monday May 20th, 2013 as the winner, so hurry and enter before May 18, 5PM ET. No purchase necessary to enter. This contest is open to US and Canada (excluding Quebec) residents. Good Luck!
UPDATE: Congratulations to Larry S. whose wife and family will be enjoying a brand new Quince 1-Handle Kitchen Faucet in their kitchen! "We have been married 45 yrs and wishing we could have another 45. "My wife is busy all the time. We are both 62 yrs. old and have 2 adopted children ages 6 and 14. That takes up a lot of her time and mine also but she is the primary caregiver…. she is amazing and I wouldn't trade her for the world. We have been married 45 yrs and wishing we could have another 45," says Larry. Congratulations and enjoy your new faucet!


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Breastfeeding: Common Breastfeeding Challenges Center - Conway, AR
WebMD Physician Directory
Conway, Arkansas
Breastfeeding: Common Breastfeeding Challenges
Common breastfeeding challenges facts*
*Common breastfeeding challenge facts medical author: Melissa Conrad Stöppler, MD
Read the Breastfeeding: Common Breastfeeding Challenges article »
Other Related Breastfeeding: Common Breastfeeding Challenges Articles
Emergency Contact for Conway
Nearby Conway Hospitals *
Conway Human Development Center
Conway Regional Medical Center
Methodist Behavioral
St Vincent Morrilton
The Bridgeway
Arkansas Surgical Hospital
Cornerstone Hospital
North Metro Medical Center
St Vincent Medical Center North
St Vincent Rehabilitation Hosp
Pinnacle Pointe Hospital
Baptist Health Medical Center
Baptist Health Rehab Institute
Select Specialty Hospital
St Vincent Infirmary Medical Ct
Arkansas State Hospital
University Arkansas Medical Ctr
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John L Mcclellan Mem Vetrn Hosp
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Rivendell Behavioral Health Svs
*Provider Directory Terms of Use:
The WebMD 'Provider Directory' is provided by WebMD for use by the general public as a quick reference of information about Providers. The Provider Directory is not intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein. Inclusion in the Provider Directory does not imply recommendation or endorsement nor does omission in the Provider Directory imply WebMD disapproval.


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Open Phones
Telephone lines were open for viewer calls on news of the day.
Telephone lines were open for viewer calls on news of the day.
John Tamny talked about his book, Popular Economics: What the Rolling Stones, Downton Abbey, and LeBron James Can Teach You about Economics, about pop culture and free market economics.…10 views
Kimberly Robinson talked about pending Supreme Court rulings for the 2014-15 term. Topics includes cases on same-sex marriage, Affordable Care Act health care subsidies, threats made…47 views
Washington Post National Politics Reporter Robert Costa joined by phone to discuss the Republican field in the 2016 presidential election.13 views
Live daily at 7 a.m. ET, "Washington Journal" is a forum for leading journalists and public policy makers to discuss key events and legislation.43 views
Telephone lines were open for viewer calls on Defense Secretary Ashton Carter's comments that Iraqi forces showed "no will to fight" against ISIS* militants who seized the…69 views
Former George W. Bush administration officials and journalists gave their perspectives on the incentives for waging war in Iraq and Afghanistan following the terrorist attacks of September…72 views
This May 26, 1975, NBC News Special Report documents the April 30, 1975, capture of Saigon, Vietnam, by communist forces, as well as events in South Vietnam's capital city in the…
Representative Mike Bost (R-IL) talked about his role as a new member of Congress. Representative Bost is a former Marine, volunteer firefighter, and owns a beauty shop with his…46 views
Representative Lee Zeldin (R-NY) talked about his role as a new member of Congress. Prior to his victory over incumbent Tim Bishop (D-NY), Representative Zeldin served in the New York…44 views
Senate Veterans Affairs Committee Chairman Johnny Isakson (R-GA) said that on the eve of Memorial Day, senators should pause from debate on contentious issues to say a prayer for the men…12 views
Food activists talked about hunger and wasted food in the U.S., and their efforts to increase food recovery. Speakers included the former president of Trader Joe's who opened a…24 views
Civil War living historians and re-enactors recreated a May 1865 parade of the Grand Army of the Republic down Pennsylvania Avenue from the U.S. Capitol to Freedom Plaza near the White…143 views
Professor George Michael talked about his book Preparing for Contact, in which he investigates the possibility of extraterrestrial life existing in the universe, the additional possibility…180 views
Virtual reality pioneer Jaron Lanier and artificial intelligence technologist Sebastian Thrun talked about the work of Douglas Engelbart, an early computer and internet engineer who…47 views
This 1981 U.S. Forest Service film documents the May 18th, 1980, earthquake at Mount St. Helens, in the Cascade Range of Washington state, which caused a volcanic eruption that killed…65 views
Two justice advocates and authors talked about food justice and the basic human right to healthy food both in the U.S. and around the world. "The Human Right to Food" was…55 views
Scenes of visitors at the Vietnam Memorial during the Memorial Day weekend were shown.34 views
Former officials who served under President George W. Bush talked about the administration's approach to combating terror and the so-called "Bush Doctrine" of unilaterally…126 views
President Obama laid a wreath at the Tomb of the Unknowns to commemorate Memorial Day. Then, he and Defense Secretary Carter spoke at a remembrance ceremony at the Memorial Amphitheater…881 views


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Published November 08, 2013
A recently developed plastic composite could soon make it possible to produce better tanks for natural gas vehicles and keep soft drinks and beer in plastic bottles from going flat. These are just a couple of the possible uses of graphene, developed by nanotechnology researchers Rice University in Houston, as VOA's Greg Flakus explains.
"On Assignment" is a weekly behind-the-scenes look at the VOA reporters and producers reporting the news from around the world.
Broadcast every Friday, On Assignment showcases the best of VOA reporting across the globe, giving front-line journalists the chance to share their experiences from the field, including some of the most challenging and dangerous trouble spots in the world. Each week, hosts Imran Siddiqui and Alex Villarreal give viewers a backstage pass to meet our reporters in the field and hear the stories behind the headlines.
On Assignment This Week:
"Fast and Furious: China, Japan Battle for High-Speed Rail"
"Mayweather vs. Pacquiao, The Aftermath"
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"Bible Museum Coming to Washington"
That, plus New York's Aviation High School Attracts Global Interest, all in this week's episode of On Assignment.
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Esophageal scope
Esophageal scope
Hi everyone. A few weeks ago I posted about reflux. It hasn't abated, so I had to go to the GI. He said I need to be scoped in order to rule out a number of things. Unfortunately, this requires IV sedation. Oh joy! What can I do to get that crap out of my system? I think this has been talked about before, so sorry if it's redundant.
Did he tell you or will he tell you what he is looking for during the scope? If you can discover this you can research to see it there is a healthier, non-western way to discover the same thing. Sometimes procedures are necessary, but not always.
I had an endoscopy done a few years ago. Not uncomfortable, since you're sedated, but I wouldn't call it fun, either.
Have you tried DGL yet? I've been on DGL the past few weeks, and it coats the esophageal lining to protect it from the stomach acid.
I've also been doing Liquid Zeolites, considered one of the best detoxifiers around. The reflux got a little worse the first day, and I called my distributor, and she told me I'm bringing up the reflux again for healing. Zeolites are a volcanic mineral, and supposedly can do no harm.
Here's a link:
I've had 2 of these, which got me started eating raw 2 years ago. I have not had one single episode of reflux since going raw. Anytime you can avoid general anaesthesia, you are doing yourself a favor. That said…they will not allow you to be awake for this. The last time i went in, i requested the most minute amount, telling them i had huge trouble waking up after the last general—which i did. Went home and slept 24 hours! You don't need the "happy" medicine they give you "to make you comfortable" initially. You can also request a smaller amount of anaesthesia. You don't need the "purple pill" they will tell you to eat daily for the rest of you life because you are going to continue raw. If you get any reflux, DGL works great. It is a licorice supplement. So I'm not going to tell you not to do it, But just know it's their business to find something so you then get the purple pill and they can keep golfing with the drug reps.
ahh just at the right time!!! i opened my email from matt monarch's raw success and this is what it says:
A friend of mine told me how they got over their acid reflux problem by using chia seeds. They would take about a tablespoon of unsoaked, dry chia seeds and just swallow it. They said that the chia absorbed all the acid in the stomach! No more Acid Reflux! After about 5-10 minutes, they would then drink a glass of water, for the chia seeds to absorb, once all the acid had been soaked up. This helps to prevent the chia from 'stealing' water/liquid from the body in other ways, to fully hydrate itself. My friend says this simple chia 'trick', which costs pennies per day has helped bring incredible relief from Acid Reflux – WOW :)
is this any good to you?
Thanks, everyone, for all the great links and info. This is such a great group! I've been 90-95% raw since September, which has gotten rid of IBS and period pain. I think the reflux is in response to some very real stressors in my life that have occurred over the past month.I do meditate and yoga to keep myself calm and the energy moving, which has definitely helped. I also have been looking at whatever emotional patterns have created the condition, and of course, I know intuitively which parts of my life need to change. But getting back to allopathic world…basically, the doctor needs to rule out hiatal hernia, Barrett's esophagus and to determine what corrosive damage (if any) has been done to the esophagus. I will be under sedation, but not a general. Achin70 and lzhpt, do I get DGL at the health food store? I've never heard of it before. Alisonwonderful, very interesting about the chia seeds. I've actually eaten them unsoaked prior to all this happening; the idea of using it for reflux is fascinating. I am taking all your good advice under consideration, as I have no intention of taking any purple pill for the rest of my life! Thanks again for all your input!
Yes, you can get DGL (deglycyrrhizinated licorice) at the health food store or supplement store. :)
That's great, Achin70. Nice and easy!


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Friday, July 25, 2014
Wisconsin Adopts Twombly's Plausibility Standard
In a 4-3 decision, the Wisconsin Supreme Court has adopted the plausibility pleading standard of the U.S. Supreme Court's opinion in Bell Atlantic Corp. v. Twombly. Data Key Partners v. Permira Advisers LLC, No. 2012AP1967 (Wis. July 23, 2014).
The court reversed the Wisconsin Court of Appeals' ruling that plaintiffs had alleged sufficient facts to show breach of fiduciary duty against the defendants. Wisconsin's pleading rule requires a complaint to contain "[a] short and plain statement of the claim, identifying the transaction or occurrence or series of transactions or occurrences out of which the claim arises and showing that the pleader is entitled to relief." Wis. Stat. § 802.02(1)(a).
The court held that "[p]laintiffs must allege facts that, if true, plausibly suggest a violation of applicable law," stating that "Twombly is consistent with our precedent." The court also asserted that Twombly had overruled Conley v. Gibson. (In my view, however, Twombly only overruled Conley's "no set of facts" standard, not the entire opinion.)
Justice Shirley Abramson, for two other justices, dissented.
I would follow Wisconsin law and conclude that as a general rule, parties need not plead specific facts at the motion-to-dismiss phase. In the instant case, although the plaintiffs raised the business judgment rule in their complaint, the plaintiffs also set forth sufficient facts to plead around the rule and provide notice to the defendants of the claim being alleged.
. . . Under Twombly/Iqbal, federal district courts have increased the rate at which they grant motions to dismiss.
No Wisconsin case has adopted the rule as stated in Twombly and Iqbal. Twombly was not argued or briefed in the instant case. The majority opinion relies on the Twombly heightened pleading standard without any briefing or argument. I have written before that this court should give counsel the opportunity to develop arguments before the court in the adversarial system. . . .
July 25, 2014 in Recent Decisions, State Courts, Twombly/Iqbal | Permalink | Comments (0)
Monday, June 9, 2014
Appeals Court Reverses Denial of Sanctions Motion Against Merrill Lynch's Law Firm
The opinion of the Massachusetts Appeals Court begins:
The plaintiffs appeal from the denial of their motion for sanctions against Bingham McCutchen LLP (Bingham), intervener, the law firm that defended Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill), in the 2002 jury trial of this action. The plaintiffs claim that in that litigation Bingham wrongfully withheld documents relevant to the issue whether Merrill, in handling the accounts of Benistar Property Exchange Trust Company, Inc. (Benistar), knew that Benistar was trading with money belonging to third parties. We hold that Bingham lacked an adequate legal basis, under the guise of the work product doctrine, for its decisions to withhold information that Merrill employees had viewed certain Benistar Web pages describing its business as an intermediary for third-party funds and then to present a defense claiming that no Merrill employees had viewed the very same Web pages. As a result, we vacate that portion of the final judgment entering judgment in favor of Bingham on the plaintiffs' motion for sanctions. As explained below, there remain certain issues that require resolution by a fact finder, and thus, we remand for further proceedings consistent with this opinion.
Cahaly v. Benistar Property Exchange Trust Co., Inc. No. 12-P-956 (Mass. Ct. App. June 6, 2014).
Hat tip: The American Lawyer
June 9, 2014 in Discovery, Recent Decisions, State Courts | Permalink | Comments (0)
Wednesday, May 7, 2014
California Bar Publishes Ethical Opinion on ESI for Public Comment
The State Bar of California has published a proposed formal opinion for public comment on the question, "What are an attorney's ethical duties in the handling of discovery of electronically stored information?"
The digest of the opinion states:
An attorney's obligations under the ethical duty of competence evolve as new technologies develop and then become integrated with the practice of law. Attorney competence related to litigation generally requires, at a minimum, a basic understanding of, and facility with, issues relating to e-discovery, i.e., the discovery of electronically stored information ("ESI"). On a case-by-case basis, the duty of competence may require a higher level of technical knowledge and ability, depending on the e-discovery issues involved in a given matter and the nature of the ESI involved. Such competency requirements may render an otherwise highly experienced attorney not competent to handle certain litigation matters involving ESI. An attorney lacking the required competence for the e-discovery issues in the case at issue has three options: (1) acquire sufficient learning and skill before performance is required; (2) associate with or consult technical consultants or competent counsel; or (3) decline the client representation. Lack of competence in e-discovery issues can also result, in certain circumstances, in ethical violations of an attorney's duty of confidentiality, the duty of candor, and/or the ethical duty not to suppress evidence.
The deadline for public comments is 5 p.m., June 24, 2014.
May 7, 2014 in Discovery, State Courts, Web/Tech | Permalink | Comments (0)
Friday, January 17, 2014
Med Mal Statute of Limitations Held Unconstitutional
Professor Ruthann Robson on the Constitutional Law Prof Blog posted on a decision by the Washington State Supreme Court holding that a medical malpractice statute of limitations violated the state constitution. See http://lawprofessors.typepad.com/conlaw/2014/01/equality-and-statutes-of-limitations-in-the-washington-state-supreme-court-.html
January 17, 2014 in State Courts | Permalink | Comments (0)
Monday, December 2, 2013
Erie, Semtek, Rule 41(a), and the Preclusive Effect of Voluntary Dismissals
See how the Supreme Court of Tennessee addresses these issues in Cooper v. Glasser, __ S.W.3d __, 2013 WL 6174469 (Tenn. Nov. 26, 2013). The opinion is here. It begins:
December 2, 2013 in Federal Courts, Federal Rules of Civil Procedure, Recent Decisions, State Courts | Permalink | Comments (0)
Wednesday, November 13, 2013
New Short Articles from ABA Mass Torts Litigation Committee
The Fall 2013 newsletter from the ABA Mass Torts Litigation Committee has several blurbs of possible interest to Civil Procedure professors (the summaries below are in the newsletter's words), including:
Costa Concordia Actions: Florida Courts' Differing Views on Venue
By Deborah A. Elsasser, Nicholas Magali, and Philip R. Weissman
Some claimants have the opportunity to try their claims in Florida while others will litigate in Italy.
SCOTUS Aims to Resolve Circuit Split in CAFA Parens Patriae Actions
Undoubtedly, the outcome of this case will impact the "jurisdictional gamesmanship" involved with the litigation of mass-torts actions.
November 13, 2013 in Class Actions, Mass Torts, Recent Scholarship, State Courts | Permalink | Comments (0)
Wednesday, October 23, 2013
Delaware Chancery Court Arbitrations Must Be Open to Public, Third Circuit Holds
We first reported on the Delaware Coalition for Open Government's challenge to the statutorily-mandated confidentiality of court-sponsored arbitrations here, when the federal district court held that the First Amendment mandated public access to the arbitrations.
The Third Circuit has now affirmed that decision:
Because there has been a tradition of accessibility to proceedings like Delaware's government-sponsored arbitration, and because access plays an important role in such proceedings, we find that there is a First Amendment right of access to Delaware's government-sponsored arbitrations. We will therefore affirm the order of the District Court.
Delaware Coalition for Open Government v. Strine, No. 12-3859 (3d Cir. Oct. 23, 2013).
October 23, 2013 in Recent Decisions, State Courts | Permalink | Comments (0)
Monday, September 30, 2013
State Peer Review Statute Shields Documents from Medical Malpractice Discovery
September 30, 2013 in Discovery, Recent Decisions, State Courts | Permalink | Comments (0)
Wednesday, September 4, 2013
Discovery and Lance Armstrong
Jim Vertuno (AP) covers a recent order by a Texas state court judge compelling Lance Armstrong to respond to discovery requests. Here are some excerpts from the report, Judge Orders Armstrong to Answer Doping Questions:
Nebraska-based Acceptance Insurance Holding is seeking the information in its lawsuit to recover $3 million in bonuses it paid Armstrong from 1999 to 2001.***
Travis County District Judge Tim Sulak last week ordered Armstrong to provide documents and written answers to a series of questions by the end of September. The case has been set for trial in April 2014.
The questions seek information dating to 1995 and ask Armstrong to detail who was paid for delivered performance-enhancing drugs, who determined what amount to use and administered them, and who was aware of his drug use. Acceptance specifically asks for information on when and how Armstrong's closest friends, advisers, ex-wife and business partners learned of his doping.
September 4, 2013 in Current Affairs, Discovery, In the News, State Courts | Permalink | Comments (0)
Wednesday, August 21, 2013
Proposed Amendments to FRCP Are Reminiscent of New Texas Civil Procedure Rules
JD Supra Law News has a recent post on the new Texas Rules of Civil Procedure, effective March 1, 2013. One change is the tracking of cases depending on the size of the relief requested and creating an "Expedited Action Rule" for claims less than $100,000. "Expedited Actions" are subject to a limit of 15 interrogatories (down from 25) "and only 15 requests for production and 15 requests for admission (both of which were not limited under the old rules)," as well as other time limitations.
Sounds a lot like some of the proposed amendments to the FRCP (reported on here), except the proposed amendments to the FRCP are not limited to claims under $100,000.
August 21, 2013 in Federal Rules of Civil Procedure, State Courts | Permalink | Comments (0)
Friday, July 19, 2013
Cohen on Civil Cases in State Intermediate Appellate Courts
Thomas H. Cohen, of the Administrative Office of the U.S. Courts, has posted on SSRN "Litigating Civil Cases in State Intermediate Appellate Courts: Analyzing Decisions to Appeal Civil Trial Verdicts or Judgments and the Impact of Appellate Litigation on Trial Court Outcomes."
In the civil justice system, litigants can file appeals as a means of challenging or modifying trial court verdicts or judgments. In most states, intermediate appellate courts represent the first, and in many cases, final arbiter of review for civil cases decided by bench or jury trial. While prior research on state appellate courts has focused primarily on civil appeals in state courts of last resort, there have been few attempts to examine the appeals process in state intermediate appellate courts. The current research attempts to address this gap by examining a national sample of tort and contract trials concluded in 2005 that were subsequently appealed. Specifically, this paper explores the factors that are related to (1) the rates in which civil trials are appealed to intermediate appellate courts, (2) the likelihood that a civil appeal will be decided on the merits, and (3) the probability of trial court outcomes being reversed at the intermediate appellate court level. The paper provides a roadmap for better understanding the case and litigant level characteristics that drive key decisions in intermediate appellate courts.
July 19, 2013 in Recent Scholarship, State Courts | Permalink | Comments (0)
Wednesday, July 3, 2013
Pennsylvania Court Upholds $500,000 Limit on Awards Against Governmental Entities
The Legal Intelligencer reports that a Pennsylvania lower court has upheld the statutory $500,000 limit on damages awards against governmental entities, reducing a $14 million award to a plaintiff for loss of her leg, and setting the stage for a constitutional challenge to the damages cap in the Pennsylvania Supreme Court.
July 3, 2013 in In the News, Recent Decisions, State Courts | Permalink | Comments (0)
Sunday, June 23, 2013
Number of civil jury trials declines to new lows in Texas
From the Dallas Morning News.
June 23, 2013 in In the News, State Courts | Permalink | Comments (0)
Wednesday, June 12, 2013
Report Shows Link Between Judicial Campaign Contributions and Pro-Business Decisions
From the National Law Journal:
A study released on Tuesday
by the American Constitution Society for Law and Policy identified a
"statistically significant" relationship between ballooning campaign
contributions by business interest to state supreme court candidates and
pro-business decisions by those courts.
Researchers studied more than 2,345 business-related state high court opinions between 2010 and 2012 and campaign contributions during that same time to sitting state high court judges. As the percentage of contributions from business groups went up, the probability of a pro-business vote by judges — defined as any decision that made a business better off — went up as well.
The study's author was Joanna Shepherd, a professor at Emory University School of Law. During a teleconference, she said the findings demonstrated that state court elections were becoming increasingly politicized and expensive. She pointed to surveys showing concern within the judiciary and among the general public about the influence of outside dollars on the courts.
To read more of the article, click here.
June 12, 2013 in Current Affairs, Recent Scholarship, State Courts | Permalink | Comments (0)
Thursday, June 6, 2013
Oklahoma Supreme Court Holds Entire "Tort Reform" Bill Void
In a
stunning development, the Oklahoma Supreme Court has invalidated a sweeping
tort reform bill passed in 2009. The
particular provision at issue in Douglas
v. Cox Retirement Properties, Inc., 2013 OK 37, a wrongful
death action against a nursing home, was the requirement of an expert's "affidavit
of merit" to be filed with or shortly after the filing of the complaint in
a professional negligence claim. When
the plaintiff failed to file the affidavit of merit, the trial court granted
defendant's motion to dismiss. The
Oklahoma Supreme Court reversed.
The expert affidavit of merit requirement was just one portion of Oklahoma H.B. 1603, the so-called Comprehensive Lawsuit Reform Act of 2009. The bill has 90 separate sections encompassing such disparate topics as transfer of cases, limitations on noneconomic damages, suing fast food providers, and a host of other provisions. The court held that H.B. 1603 violated Article 5, Section 57 of the Oklahoma Constitution ("Every act of the Legislature shall embrace but one subject, which shall be clearly expressed in its title"), commonly known as the single-subject rule. "The purposes of the single-subject rule are to ensure the legialtors or voters of Oklahoma are adequately notified of the potential effect of the legislation and to prevent logrolling."
A separate opinion, Wall v. Marouk, 2013 OK 36 (June 4, 2013), also invalidated the affidavit of merit requirement in a medical malpractice action. The court held that the requirement violated two other Oklahoma constitutional provisions, one prohibiting "special laws" (Okla. Const. art. 5, §46), and the other guaranteeing right of access to the courts (Okla. Const. art. 2, §6).
June 6, 2013 in Recent Decisions, State Courts | Permalink | Comments (0)
Saturday, May 4, 2013
Company Cannot Assert Attorney-Client Privilege Against Its Director, Delaware Court Holds
Plaintiff is a director of the defendant Company, a Delaware corporation, and he owns an entity that was the Company's largest shareholder. The remaining directors of the Company are also defendants. The Board of Directors established a Special Committee to explore strategic alternatives for the Company. Plaintiff was a member of the Special Committee. Later, the entity owned by Plaintiff announced it would nominate candidates for election at the Company's annual meeting. The defendants then secretly "sprang into action" and 11 days later, Company counsel notified Plaintiff by email that a special Board meeting would occur the next day to approve a recapitalization in which an entity controlled by one of the defendants would emerge as the largest shareholder of the Company. At meetings of the Special Committee and the Board of Directors the next day, the recapitalization was approved over Plaintiff's negative vote. The day after that, the Company announced the recapitalization and also announced that it was postponing the annual meeting and deferring the record date. That same day, Plaintiff filed suit challenging the recapitalization and the postponement of the annual meeting and record date.
Plaintiff subpoenaed counsel to the Company and to the Special Committee for documents relating to the planning and scheduling of the special meetings and the structuring of the recapitalization. Defendants asserted the attorney-client privilege and work product protection.
The court granted Plaintiff's motion to compel, holding that until the day the Board voted to approve the recapitalization, the Company could not assert either privilege against Plaintiff, who was a director of the Company. After the Board voted to recapitalize, however, sufficient adversity existed between Plaintiff and the Company such that Plaintiff could no longer have a reasonable expectation that he was a client of the Board's counsel. Kalisman v. Friedman, 2013 Del. Ch. LEXIS 100 (Delaware Court of Chancery, April 17, 2013).
May 4, 2013 in Discovery, Recent Decisions, State Courts | Permalink | Comments (0)
Friday, April 5, 2013
Another Semtek in the Making? Delaware Supreme Court Holds Collateral Estoppel Bars Shareholder Derivative Suit
Allergan, the pharmaceutical company, agreed to pay $600 million in civil and criminal fines after a Department of Justice investigation into the company's allegedly improper marketing of BOTOX for off-label uses. Several Allergan shareholders then filed shareholder derivative suits, some in federal district court in California (which were consolidated) and one in Delaware Chancery Court. Allergan moved to dismiss both actions for failure to plead demand futility under Rule 23.1 (the Delaware rule is "substantially the same" as Federal Rule 23.1).
The federal court dismissed the California action with prejudice (the dismissal is currently on appeal). The Delaware Chancery Court held that the California judgment did not bar the Delaware action and denied Allergan's motion to dismiss.
On interlocutory appeal, the Delaware Supreme Court reversed. Pyott v. Louisiana Municipal Police Employees' Retirement System, No. 380, 2012 (Del. April 4, 2013). Citing Semtek, the court first held that the preclusive effect of the California judgment would be determined by California state law. The California federal court held, as a matter of Delaware law, that demand was not futile and dismissed the derivative complaint "on the merits of demand futility."
Applying California preclusion law, the Delaware Supreme Court held that the issue of "whether, under Rule 23.1, the failure to make demand on the Allergan board is excused because such a demand would have been futile" was precluded. The court held that "because the real plaintiff in a derivative suit is the corporation, 'differing groups of shareholders who can potentially stand in the corporation's stead are in privity for the purposes of issue preclusion.'"
In addition, the court addressed and rejected plaintiffs' argument that the California plaintiffs' representation was inadequate. The Delaware Chancery Court had applied an irrebutable presumption that derivative plaintiffs who file their complaints without seeking books and records, very shortly after the announcement of a "corporate trauma," are inadequate representatives. The Delaware Supreme Court rejected such an irrebutable presumption.
April 5, 2013 in Recent Decisions, State Courts | Permalink | Comments (0)
Friday, October 5, 2012
Curry and Ward on Twiqbal's Effect on Removal Rates from State to Federal Court
To be published in Texas Tech Law Review and posted on SSRN: Are Twombly & Iqbal Affecting Where Plaintiffs File? A Study Comparing Removal Rates by State, by Jill Curry and Matthew Ward.
This article originated from a 2010-11 study the Federal Judicial Center conducted to examine the impact, if any, of the Supreme Court decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal on civil litigation in the United States federal courts. To examine this impact, we compared removal rates of cases to federal courts between states using notice pleading standards and states using fact pleading standards. We predicted that heightened pleading standards in federal courts would encourage plaintiffs in cases with federal and state claims, especially plaintiffs alleging a violation of their civil rights, to file in
state courts to benefit from the liberal notice pleading standard. Therefore, defendants would be more likely to remove such cases filed in notice pleading state court to federal courts to take advantage of the newly announced heightened pleading standard. After reviewing existing commentary and existing empirical research about the impact of Twombly and Iqbal, we explain the methodology for our removal study, present the results of a preliminary study to examine removal rates of four states, and subsequently present the results of our expanded examination of removal rates of all fifty states and the District of Columbia. However, the results demonstrate that these expectations were not met. There was no systematic increase in the rate of removal after Twombly and Iqbal and the effect was not more pronounced in notice pleading states compared to fact pleading states, questioning the assertion that cases are being diverted from federal court to state courts due to heightened pleading standards.
October 5, 2012 in Recent Scholarship, State Courts, Twombly/Iqbal | Permalink | Comments (0)
Monday, September 24, 2012
Kritzer and Drechsel on Local News Coverage of Civil Litigation
Herbert M. Kritzer and Robert E. Drechsel have posted on SSRN a paper entitled "Local News of Civil Litigation: All the Litigation News That's Fit to Print or Broadcast," 96 Judicature, No. 1, pp. 16-22.
What is the nature of the coverage of civil litigation by local newspapers and local television? That is the question considered in this paper. Drawing upon news clips from 2004 (11 media markets around the U.S.), 2006 (9 media markets in the Midwest), and 2007 (9 media markets in the Midwest), we present a portrait of litigation as locally reported. We find (a) torts make up a minority of reports, (b) very few verdicts are reported, and (c) dollar figures are mentioned in a modest proportion of cases but when mentioned tend to be large. We also find significant differences in the reporting practices of local television and local newspapers, particularly with regard to the types of cases discussed (more torts on television and more cases against government in the newspapers). We conclude with some speculations about the implications of our analysis for debates over civil justice "reform."
September 24, 2012 in Current Affairs, In the News, Recent Scholarship, State Courts | Permalink | Comments (0)
Thursday, September 6, 2012
Federal Court Strikes Down Secrecy of Delaware Chancery Court Arbitrations
A federal district court in Delaware has held that because the First Amendment provides a qualified right of access to arbitration proceedings established by Delaware law and implemented by the Delaware Court of Chancery, such proceedings must be open to the public. Delaware Coalition for Open Government v. Strine, No. 1:11-1015, 2012 WL 3744718 (D. Del. Aug. 30, 2012).
Delaware law gives the Court of Chancery "the power to arbitrate business disputes when the parties request a member of the Court of Chancery, or such other person as may be authorized under rules of the Court, to arbitrate a dispute." 10 Del. C. § 349(a). Once the parties file an appropriate petition, "the Chancellor appoints a Chancery Court judge to preside over the case as the arbitrator."
The Chancery Court Rules require that all parts of the proceeding, including all filings and all contacts between the arbitrator and any party are 'confidential and not of public record.' Del. Ch. Ct. R. 97 a)(4), 98(b). The Register in Chancery does not file the parties' petition on the court's public docketing system. Id. 97(a)(4). None of the hearings is open to the public.
Plaintiff challenged the confidentiality provisions of the law, arguing that the First Amendment prevents the defendants from closing the proceeding to the public and press. Judge McLaughlin granted plaintiff's motion for judgment on the pleadings.
Although the Supreme Court has never addressed access to civil judicial proceedings, every Court of Appeals to consider the issue, including the Court of Appeals for the Third Circuit, has held that there is a right of access to civil trials. See Publicker Indus., Inc. v. Cohen, 733 F.2d 1059, 1061 (3d Cir.1984); . . . .
The Delaware proceeding, although bearing the label arbitration, is essentially a civil trial. . . . In the Delaware proceeding, the parties submit their dispute to a sitting judge acting pursuant to state authority, paid by the state, and using state personnel and facilities; the judge finds facts, applies the relevant law, determines the obligations of the parties; and the judge then issues an enforceable order. This procedure is sufficiently like a civil trial that Publicker Industries governs. . . .
The public benefits of openness are not outweighed by the defendants' speculation that such openness will drive parties to use alternative non-public fora to resolve their disputes. Even if the procedure fell into disuse, the judiciary as a whole is strengthened by the public knowledge that its courthouses are open and judicial officers are not adjudicating in secret.
September 6, 2012 in Recent Decisions, State Courts | Permalink | Comments (0)


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When does my freezer go through the defrost cycle?
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I have a kenmore elite frost free freezer, model #253.26082100. I would like to know when the freezer is going through the defrost cycle, how much the internal temperature of the freezer changes. We store reagents and samples in our freezer that are small in volume, on the order of microliters or less than a single drop from an eyedropper. These are very sensitive and will degrade if they are constantly thawing and freezing. So I want to make sure that when the freezer is going through its defrost cycle that our reagents and samples are not constantly thawing and freezing. Thanks.
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Managemylife.com is always a great resource to find the answers to just about anything. While you are waiting for an expert to respond, I have added a helpful link (
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Thank you for your question. I can understand your concern about the temperature and defrost cycle. The information you have received, is very good. The temperture rise can and will vary and the type and amount of the load will be what it depends on. Now, there is no set time period when the unit will go into the defrost cycle. This has an adaptive defrost system and it will vary depending on the compressor run time and also the length of time the defrost cycle lasted. It can also depend on the number of door openings. It may go into a defrost cycle only once a day or it could be more often. I hope this will help you.
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Because it is critical that our reagents and samples not thaw, becuase it will destroy them, and that there is such a small volume in each container, what is the likelihood of the samples and reagents thawing out and refreezing? If there is a probability they may thaw and refreeze can the frost free cycle be disabled to prevent our samples from thawing?
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Give your mindmaps more thought with these 5 mindmap builders?
Mindmapping is a great way to show how you are going to plan out your site or project. Giving yourself and also clients a visual representation of how the site is going to flow and any areas that may need to be sectioned off or could be merged to cut down on menus. We usually use bubbl.us for site maps but since it does no harm to look around for new and better options. I try'd out a few and reviewed pick for you to consider. We'd love to hear what you use or even if you don't bother with sitemaps?
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Before and after, harnessing the power of WordPress themes
WordPress is an open source project which is mostly known for its blogging potential. However, I'm sure you'd be surprised at some high profile celebrities and companies powering their websites with WordPress. Due to its ease of use and customization, WordPress is one of the simplest and most effective ways to build a successful website.
Get involved with 5 great interactive websites.
From Slovakia to Peru, drug driving to CGI, here is a sampling of some of the notable websites from the latest CSS Design Awards. Arranged here in no particular order, they're all worth checking out. You may just find some inspiration. Read More…
Giving Something Back Feels Awesome
Sunday was a great day for us as a company as we got to see how we have helped the disabled children of Camillian Care Home through our years of support. It seems just moments ago we created their website and then logo and through using skills we take for granted we get to help others and that is an awesome feeling.
10 Ways to Work Better with Your Project Manager
I personally believe that Project Managers are the unsung heroes of the web design industry. At our design agency we are lucky to have two wonderful PM's who help our projects run smoothly and take of both our customers and team. In return for this help they expect a few things in return to help them do their job better and I hope to explain to you how you can work with your project manager better with these ten tips. Read More…
Using Tablets to Teach HTML in the Classroom
An amazing email just came in! A few months ago <carl> was manning the live chat on the WCB website and a teacher from Xavier School in the Philippines came on and said he was looking for inspiration for a HTML class using iPads.
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Respond to Review of Saravana Bhavan
by mirandaconnelly
Review: This food is delicious. Served fast food style on metal plates. utthappam with tomato and onion was excellent. Dont miss the mango lassy which is the best i have ever had. Dont bother with the tali-style platters though.
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I'm not very often visiting this areas of envato market places but I believe you are very good guys in here. I've got a site set up on WP where quite important part of this project is that I'm using advanced custom fields for posts. Posts are actually descriptions of hotels and events in UK. Each post has got unique address and post code. What I'm looking for is some script (php/js) or plugin where I can display map on every single post page with locations of all other hotels and events in my site / blog. I couldn't find anything like this but its quite possible I'm not sure how.
Cheers – Matt.
This is more a google map api problem rather than WP specific though
You may want to check out the pro version of it though, as I've used it in the past to place on business directory on my site, and the map will be created from any custom field you select, so tell it to use the custom field you have for post codes and that's all you'll ahve to do, just have it in your sidebar and it will show up.
I also found it good on category pages, as it would show all the locations in the posts in that category.
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NEW YORK, June 12, 2013 /PRNewswire/ -- A nationwide poll conducted by J.P. Morgan Asset Management of more than 1,000 American workers participating in a 401(k) plan has found that the vast majority of savers are at a loss for how to manage retirement planning and acknowledge that they need professional help.
Reality is setting in with American workers. While half say that they would like to retire before the age of 65, only 20% believe they will realistically be able to do so. This leaves two options: working longer or saving more.
When it comes to saving more, workers would strongly welcome help with their 401(k) and other retirement savings guidance.
- More than three fourths of participants (76%) say they need professional assistance with key elements of retirement planning, including how much to save and how to allocate their investments.
- Yet despite this, almost half of workers (48%) don't have access to help through work or on their own.
Confusion about how much to save is the most pressing issue for participants.
- About 53% estimate they will need less than 75% of their salary in retirement to live comfortably, while most financial experts suggest more will be required.
- Only 13% believe they are on track to obtain a replacement rate of 75% or more.
- Less than 30% of respondents are confident that their savings will last throughout their retirement.
- Four in 10 do not have any target at all for how much to save for retirement.
- Participants express strong interest in a number of tools that can help them make better decisions about using their 401(k) plans. Interest in a tool that projects how much will be accumulated in the plan at retirement generates the strongest interest.
- Participants further express a great deal of interest in education about how to invest and manage 401(k) plan accumulations once they are retired. This is an area in which most participants feel they do not have enough knowledge to do an adequate job of investing and financial management. Seven in 10 (70%) are interested in obtaining guaranteed lifetime income and 23% are interested in how to invest after retirement.
- Financial pressures and paying monthly expenses register as the largest source of worry – above job security and health. Among those who worry, one-third suggest that financial pressures consume them at work often or all of the time, while another 45% say they do so sometimes.
- Only 20% of participants felt that they could absorb the information being provided by their plan about retirement saving.
- Nine in 10 participants are willing to spend more time learning how to make better use of their 401(k) program. About 86% were interested in doing a financial plan for retirement.
- Still, a significant proportion of participants do not take the time to use the information available to them to learn about the plan, and many feel utterly unable to make decisions about investing.
- A strong majority of participants review their account statements, but they rarely make changes in their investments. In fact, less than half say they know how to adjust their monthly 401(k) contributions and even fewer know how to change their investment allocation. However, three-quarters check their overall balances and almost as many examine how their account balance changed since their last statement.
- Four in 10 have money from a prior retirement plan that they have not rolled into their current plan.
- Target date funds are an effective way of helping participants attain an effective asset allocation and properly rebalance their portfolios. Four in five believe it is important that these plans be offered to participants.
- Respondents were asked about how they make decisions about retirement planning and their 401(k) plan, their level of engagement in the planning process, and their preferences regarding automatic features. A series of questions also was asked to gather demographic details about respondents.


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Tablet. Hotels for Global Nomads
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Carretera Transpeninsular Km 7, Manzana 10 Punta Ballena, Cabo San Lucas, Baja Peninsula, Mexico
Check availability as rates may vary for dates. Best rate guaranteed.
Esperanza is located at the tip of the Baja Peninsula, four miles outside of Cabo San Lucas, where the Pacific meets the Sea of Cortez. The setting is spectacular and the resort itself is luxurious and exclusive, the sort of place where you just might spot a vacationing Hollywood star.
It's no surprise, then, that privacy and seclusion are among Esperanza's biggest draws. There are no standard rooms here — just fifty-seven casitas and luxury suites, all with private terraces and ocean views. The décor is nothing to write to Wallpaper about, just a comfortable, contemporary Baja look, with plenty of stucco and exposed beams, and a smattering of works by local artists. No need to complain to your agent either — the linens are the obligatory Frette, presumably in compliance with some Screen Actors Guild regulation.
The restaurant offers an improbably beautiful view, as it is carved into the bluffs of Punta Ballena (Whale Point) overlooking the truly pacific (as opposed to Pacific) Sea of Cortez. Breakfast is served on a seaside terrace, La Terraza Americana serves the inevitable array of American style cuisine, and, not to be outdone, the Palapa Bar offers drinks with an ocean view, and a prodigious selection of tequilas.
Whale-watching, perhaps unsurprisingly in a place called Whale Point, is an option, as are all manner of other seafaring activities, from sailing to surfing. Land-lovers may prefer a day of spa treatments or yoga classes, a spin through the open-air art gallery, or a visit to either the historic town of San Jose del Cabo or the less historic nightlife of Cabo San Lucas. It would be difficult to find bad food around here, whether in a proper restaurant or at a streetside vendor, and bars and nightclubs span the spectrum from local favorites to the Hard Rock Cafe. Then again it may be difficult to force yourself to leave the resort grounds, so comfortable and scenic are the surroundings.
How to get there:
Esperanza is a 30 minute drive from San Jose del Cabo International Airport. Please contact firstname.lastname@example.com to arrange airport transfers.
- Complimentary upgrade upon hotel check-in, based upon availability
- Complimentary welcome margarita per guest upon arrival
- Two spa vouchers worth US$ 50.00 each (not redeemable for cash; one voucher per treatment)
- 15% discount on items purchased at the retail and spa boutiques
- 56 Rooms
- Style: Contemporary Classic
- Atmosphere: Secluded
- 3 Guest Reviews
- Esperanza
- Carretera Transpeninsular Km 7, Manzana 10 Punta Ballena
- Cabo San Lucas, Baja Peninsula, Mexico
Hotel amenities and services
- 24 hour concierge
- 24 hour front desk
- 24 hour gym
- 24 hour room service
- ATM/bank office
- Bar
- Business center
- Central air conditioning
- Free parking
- Free wi-fi
- Golf nearby
- Library
- Outdoor swimming pool
- Pets allowed (charges apply)
- Restaurant
- Room service
- Spa
- Spa treatments (on request)
- Wake-up service
Other Cabo San Lucas hotels
3 Guest Reviews
All reviews are from Tablet guests with verified stays.
- Dan
- Stayed March 2013
- Rating: Good
What I liked:
Excellent layout of the rooms. Nice, thoughtful people.
Great isolated location away from crazy Cabo.
What the hotel could do better:
Too few loungers and umbrellas around the pool and beach. You have to get up early and fight for a spot like it's a Vegas hotel, which kinda defeats the purpose of a $1,000/night hotel.
- David
- Stayed September 2010
- Rating: Excellent
What I liked:
This is an absolutely first class hotel. It's beautiful, impeccably taken care of, and the service is almost always awesome. People were very nice as well.
What the hotel could do better:
Nothing, had a wonderful stay!
- tori
- Stayed September 2009
- Rating: Excellent
What I liked:
everything; the food was outstanding.
What the hotel could do better:
Nothing; Had a wonderful stay!


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Not many folks gave La Salle much of a shot at beating No. 4 seed Kansas State heading into Friday's second round matchup, but that's why they play the game.
Led by sophomore forward Jerrell Wright, the La Salle Explorers held off K-State after nearly blowing the 18-point lead they built up by halftime. Wright dropped a game-high 21 points on an efficient 6-for-6 shooting, and added eight rebounds and a couple of blocks in a pair of Under Armour Micro G basketball shoes.
The A-10 Conference is now 6-0 in this year's tournament, with two of those wins accredited to the Explorers. La Salle will continue its impressive run on Sunday against Ole Miss—another team that wasn't expected to make it into the third round, but were able to pull off their own upset against Wisconsin earlier today.
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