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Plaintiff Michael Martinucci, M.D., was employed by defendant Southern California Permanente Medical Group (SCPMG).
The trial court granted defendants' motion for JNOV on the issue of punitive damages and granted defendants' motion for a new trial on the defamation and wrongful termination claims. Plaintiff appeals these trial court orders. Defendants appeal the trial court's order denying JNOV on all issues other than punitive damages.
We reverse the trial court's order denying defendants' motion for JNOV on plaintiff's defamation cause of action; defendants were entitled to judgment on this cause of action. In all other respects, we affirm the trial court's orders.
The Operative Pleading
Plaintiff initiated this action on January 29, 2007. According to his first amended complaint (FAC), plaintiff, a licensed radiologist, entered into an employment contract with SCPMG
According to plaintiff, "in the course of performing his duties and in order to ensure the highest standards for patient care, [p]laintiff demanded that the technology staff and clerks in his department devote full and complete attention to detail when performing patient examinations and other procedures and work speedily and efficiently to deliver quality patient care. In seeking to ensure that high standards of patient care were maintained[, p]laintiff alienated many of the supporting personnel and staff who resented being held accountable for their conduct." Eventually, on June 1, 2005, plaintiff was compelled to write up a number of the technologists for unsatisfactory performance.
"Thereafter, the technologists and other support staff began complaining about [p]laintiff to the corporate defendants. The corporate defendants, upset that [p]laintiff refused to hazard patient health, used the complaints of [the] technologists and other staff to help create a justification to either force [p]laintiff to resign or terminate [his] employment[,] barring him from `partnership' and the benefits of his bargain under the contract."
In particular, Gary Bernard Golden (Golden) "falsely claimed that [p]laintiff had sexually harassed him in a formal complaint to the corporate defendants' human resources department. Thereafter the KFHP human resources department conducted an `investigation' during which several technologists and staff allegedly claimed that [p]laintiff had made racially insensitive comments."
Although there was an investigation, defendants "refused to tell [p]laintiff who the accusers were and denied him any fair opportunity to respond to these charges."
On February 3, 2006, defendants "demanded that [p]laintiff resign or be fired." He resigned on February 6, 2006.
His FAC alleges claims for retaliatory termination in violation of public policy (based upon section 2056), retaliation in violation of section 2056, retaliatory harassment in violation of public policy (based upon section 2056), retaliatory failure to promote in violation of public policy and section 2056, defamation per se, breach of contract, and breach of the implied covenant of good faith and fair dealing. Specifically, in the retaliatory termination cause of action, plaintiff alleges that his constructive termination constitutes "retaliation for patient advocacy . . . in violation of . . . section 2056." And, "a motivating factor in his termination was his patient advocacy." In the defamation per se cause of action, plaintiff claims that defendants "falsely accused [him] of homosexual harassment and making racially offensive remarks. In attributing homosexual behavior and racial intolerance to [p]laintiff, [d]efendants did so with knowledge that these claims were false and that they would hold [p]laintiff up to ridicule and scorn, and would tend to injure him in his reputation, profession and career. These remarks therefore constitute defamation per se."
Plaintiff requested compensatory economic damages and noneconomic damages as well as punitive damages.
A jury trial commenced on November 12, 2008, on plaintiff's claims for retaliation (against SCPMG and KFHP) and defamation per se (against all defendants).
The evidence presented at trial included the following:
Plaintiff establishes protocols; technologists resist them
After commencing his employment at SCPMG, plaintiff established critical protocols
The technologists, however, resisted plaintiff's protocols.
Specifically, plaintiff "wrote up" Cynthia Toni Bowen (Bowen), a technologist, for her failure to comply with protocols. Plaintiff's complaints about Bowen went to her supervisor, Cynthia L. Payne (Payne).
According to plaintiff, documenting the technologists' poor performance "only created more passive-aggressive behavior or resistance by the techs to—they would either go to other physicians to show cases or they would make inappropriate comments." The technologists did not like being written up or criticized for their work.
Racial tension
In addition to the problems with the protocols, there apparently was racial tension at Kaiser Sunset. As a result, in the summer of 2005, defendants contracted with an outside consulting team, the Visions group, to conduct a study of racial and ethnic relations in the facility. The report noted that there was a "culture of blaming others for inefficiency in performance and workflow problems based on rank in the hierarchy and/or racial ethnic group membership." According to plaintiff, the Visions report empowered employees to use charges of racism as a weapon.
Investigation in charges of sexual harassment
In October 2005, a KFHP human resource consultant (Marsha Niles) notified Bruzzi of a complaint that plaintiff had sexually harassed Golden. Ms. Niles had heard of the alleged sexual harassment from Bowen and Payne, both of whom are African-American.
Bruzzi did not discuss the matter with Golden. He turned the investigation over to Kelly Torley (Torley), who worked in KFHP's human resources department.
Torley explained how an investigation is conducted. The accused is not allowed to consult an attorney, but the investigator may consult an attorney as necessary. The investigator is allowed to interview witnesses; the accused is not. The investigator does not ask the accused for the names of witnesses who could substantiate his version of the incident, but the accused may volunteer the names of witnesses. The investigator starts with the accuser, who gives other names of witnesses who are interviewed, but the investigator does not interview anyone other than those whose names are given in this chain. The investigator tests the motives of the accusers by asking what their relationship with the accused is. The accused is not allowed to know the names of the accuser or witnesses, although plaintiff was told that Golden was the alleged victim of the sexual harassment.
In the course of this investigation, Torley interviewed Bowen, Payne, and others about the alleged sexual harassment charges. She never spoke with Golden because he was on medical leave.
Allegations of racial and ethnic slurs
While the sexual harassment investigation was pending, plaintiff was then accused of making racial and ethnic slurs.
Torley's conclusion
At the conclusion of her investigation, Torley concluded that the evidence substantiated the charges of sexual and racial harassment by plaintiff. Although plaintiff insisted that he had not engaged in any inappropriate behavior, Torley did not find him credible.
Follow-up with plaintiff
In late December, plaintiff met with Torley to discuss the alleged racial and ethnic slurs. Later, in January 2006, plaintiff met with Bruzzi and Terasaki and denied making the statements.
After the meeting, plaintiff sent a memorandum to Bruzzi asking him to interview certain witnesses. He reminded Bruzzi of the Visions report, confirming a long history of racial and ethnic tensions in the department. And, he explained that he had created protocols that were met with "`resistance, complaints, passive-aggressive behavior, poor support and resentment.'" In other words, plaintiff was suggesting that he was a "target and/or a scapegoat" and someone may have been "out to get [him]."
Plaintiff resigns
Terasaki and Bruzzi had a discussion regarding the reports about plaintiff and, after consulting with SCPMG's senior counsel, Bruzzi recommended that plaintiff's employment be terminated. Bruzzi prepared two drafts of a termination memorandum, which were to be used if plaintiff did not resign. They were not used because plaintiff signed a resignation letter.
Jury Instructions
Following the presentation of evidence, the trial court instructed the jury. As is relevant to this appeal, the trial court gave the following instructions on plaintiff's wrongful termination cause of action:
On December 8, 2008, the jury returned a verdict in favor of plaintiff. It found that SCPMG, KFHP, Terasaki, and Bruzzi made eight statements about plaintiff that were not substantially true, including (1) plaintiff inappropriately touched Golden; (2) plaintiff's behavior towards Golden and Monica Amantia was in violation of SCPMG's commitment to a harassment-free work environment; (3) plaintiff is a liability to the organization; (4) the results of an investigation into plaintiff's conduct brought into question his ability to continue to perform his duties as a physician for SCPMG; (5) plaintiff said he did not like it when African-Americans dyed their hair certain colors, and that if he were partner or chief, he would put a stop to it; (6) plaintiff said he would fire all the black people in the department; (7) plaintiff said that Filipinos are as dumb as a box of rocks; and (8) plaintiff said that El Salvadorans have nice legs but are not that smart. The jury also found that SCPMG, KFHP, Terasaki, and Bruzzi failed to use reasonable care to determine the truth or falsity of those statements. And, the jury determined that SCPMG, KFHP, Terasaki, and Bruzzi acted with hatred or ill will towards plaintiff.
The jury next found that plaintiff was employed by SCPMG, that plaintiff was constructively discharged from his employment, that plaintiff was denied a promotion at his employment, that plaintiff protested a decision, policy, or practice of SCPMG that he reasonably believed impaired his ability to provide medically appropriate health care to his patients, and his "advocacy for medically appropriate healthcare on behalf of his patients [was] a motivating factor for a decision to" constructively discharge him from his employment and to deny him a promotion.
The jury awarded plaintiff damages against SCPMG, KFHP, Terasaki, and Bruzzi for past loss of earnings ($485,444), future loss of earnings in its present cash value ($636,115), past noneconomic loss ($720,000), and future noneconomic loss ($2,100,000), for a total of $3,941,559.
In connection with punitive damages, the jury found that SCPMG and KFHP were a single employer of plaintiff and awarded plaintiff $1.1 million against SCPMG and $6.4 million against KFHP.
Defendants' Motion for JNOV
Defendants' motion
Defendants promptly filed a motion for JNOV. First, they argued that plaintiff did not establish defamation per se because he did not prove that defendants made statements suggesting that plaintiff was incompetent or unable to do his job. Alternatively, the common interest privilege applies. After all, the alleged comments were made in the course of a required investigation into the complaints of sexual and racial harassment.
Next, defendants asserted that plaintiff failed to establish his claims for wrongful discharge or wrongful failure to promote in violation of section 2056. Relying upon Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.4th 32 (Khajavi), they claimed that there was no evidence that plaintiff ever protested a decision, policy, or practice that he reasonably believed impaired his ability to provide medically appropriate healthcare to his patients.
Citing section 2056, subdivision (c), and Sarka v. Regents of University of California (2006) 146 Cal.App.4th 261, 271 (Sarka), defendants argued that plaintiff could not prevail because he did not present evidence that he was fired principally for advocating medically appropriate healthcare. "Rather, undisputed evidence shows that the sole bases for [plaintiff's] termination were the allegations of sexual harassment and racially inappropriate statements."
Compounding this error, defendants asserted, was the erroneous instruction given to the jury. "Instead of telling the jurors that section 2056 prohibits termination of a physician `
Defendants further contended that plaintiff's single employer theory failed; KFHP and SCPMG were not a single employer. While there was some overlap in employment decisions, it was undisputed that SCPMG was plaintiff's sole employer.
Finally, defendants argued that plaintiff's claim for punitive damages should have failed as a matter of law. He presented no evidence of malice, oppression, or fraud, and there was no evidence of corporate ratification.
Plaintiff's opposition
Plaintiff opposed defendants' motion. First plaintiff argued that the evidence established numerous defamatory statements. In support, plaintiff directed the trial court to the jury's finding that defendants falsely stated that the results of an investigation brought plaintiff's ability to continue to perform his duties as a physician into question. Plaintiff also asserted defendants mischaracterized Civil Code section 46, subdivision (3). That "statute is not limited to statements which explicitly accuse the plaintiff [of] being incompetent. It covers any false statement made by the defendant which `[t]ends directly to injure [the plaintiff] in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade or business that has a natural tendency to lessen its profits.'"
Plaintiff next asserted that defendants' malice prevented application of the common interest privilege. The jury found malice and found that defendants acted in reckless disregard of the truth. It follows that the common interest privilege cannot apply.
Thereafter, plaintiff argued that the evidence supported the jury's finding that plaintiff engaged in patient advocacy and was fired for it.
Next plaintiff asserted that the evidence supported the jury's finding that SCPMG and KFHP were plaintiff's single employer.
Finally, plaintiff defended the punitive damages award.
Trial court order
On March 16, 2009, the trial court granted defendants' motion for JNOV "with respect to the punitive damages award; alternatively, in the event that the JNOV does not withstand appeal, the court grants a new trial on the issue of punitive damages." The trial court found that plaintiff did not meet his burden in demonstrating that defendants acted with malice, fraud, or oppression.
Defendants' Motion for New Trial
Defendants' motion
Defendants also filed a motion for new trial, which largely repeated or incorporated by reference their motion for JNOV. Again they argued that plaintiff should not have prevailed on his defamation per se claim because the statements at issue were nonactionable opinions or statements of true fact and/or the common interest applied. As for plaintiff's claim pursuant to section 2056, defendants asserted that plaintiff did not present sufficient evidence that he advocated for medically appropriate healthcare, there was no evidence of any SCPMG decision, policy, or practice to allow technologists to disregard the protocols, and there was no evidence that plaintiff was fired for "`principally'" protesting anything.
In a single sentence, defendants contended that plaintiff's single employer theory was insufficient.
Furthermore, defendants challenged the damage award. With respect to loss of earnings and noneconomic damage, defendants claimed that the award was excessive. As for punitive damages, defendants argued that (1) there was no evidence of malice, oppression, or fraud; (2) there was no evidence of corporate ratification; (3) punitive damages could not be imposed against KFHP vicariously or as a single employer along with SCPMG; and (4) the punitive damage award was excessive.
Finally, as in defendants' motion for JNOV, defendants contended that the trial court committed reversible error in its instruction regarding section 2056.
Plaintiff's opposition
Plaintiff opposed defendants' motion. As pertains to this appeal, he argued that substantial evidence supported the jury's finding that defendants committed nonprivileged defamation per se. Not only were the statements not protected opinion, but they also were not privileged as there was ample evidence of malice.
Second, plaintiff asserted that the loss of earnings award was not excessive. After all, "[t]he jury accepted uncontradicted expert testimony establishing [that] the wrongful termination deprived [plaintiff] of a highly valuable partnership pension and benefits. It was not clearly wrong in doing so; thus, the award for loss of earnings should be left untouched."
Third, plaintiff defended the noneconomic damage award, arguing that it was not excessive based upon plaintiff's testimony and the testimony of plaintiff's psychologist.
Fourth, plaintiff contended that the punitive damage award was proper because it was at the lowest end of constitutional limits and because defendants' conduct was highly reprehensible.
Fifth, plaintiff asserted that the trial court correctly instructed the jury on section 2056. He claimed that there "is no authority for [the] proposition" that the trial court was "obligated to use the term `principally' in instructing the jury." Moreover, the trial court gave a specific special instruction regarding section 2056.
With respect to the question of whether plaintiff engaged in patient advocacy and was fired because of his actions, plaintiff's single employer theory, and the question of whether plaintiff is entitled to punitive damages, plaintiff's opposition to the motion for new trial incorporated by reference his opposition to defendants' motion for JNOV.
Trial court order
On March 16, 2009, the trial court granted defendants' motion for new trial on the following grounds: "excessive damages, insufficiency of the evidence to justify the verdict or other decision, and error in law, occurring at the trial and excepted to by the parties making the application."
First, the trial court found that it committed instructional error in connection with plaintiff's section 2056 cause of action. "Specifically, the modified CACI 2430 and BAJI 12.01.1 used the words `motivating reason,' instead of `principally for,' as delineated in the statute itself. There was a Special Instruction Regarding Business and Professions Code Section 2056 that did not contain the word `principally' in its last paragraph. However, the combination of the instructions—preceding this Special in conjunction with the verdict form interrogatories that asked whether patient advocacy was a `motivating factor' for termination of the plaintiff—created error sufficient enough to warrant a new trial."
In so ruling, the trial court granted defendants' request for judicial notice of the legislative history behind section 2056. "That history is critical to this court's determination that the instruction given in this matter regarding wrongful termination in violation of public policy for patient advocacy should have used the words primarily or principally. These words, when viewed with the legislative history, constitute more than adjectives; rather, they achieve status as an element of proof and/or a higher degree of proof required of the plaintiff. The language from the legislative history comments is instructive."
Citing Sarka, supra, 146 Cal.App.4th at page 275, the trial court continued: "Case law dealing with this code section further emphasizes that in order for the public policy protection of [section] 2056 to kick in, it must be shown that a physician was fired `principally' for advocating appropriate medical care."
The trial court was persuaded by defendants' argument that the instructions given by the trial court "were fatally flawed because they read the `principally' standard out of the elements of the cause of action plaintiff ha[d] to prove, and substituted a more lenient `motivating reason' standard instead." It concluded: "Based upon the state of the evidence in this trial, these instructional errors caused the jury to misapply the law to the facts. When the facts of this case are applied to an instruction that sets the reason for terminating a physician at a lower bar of `motivating factor,' rather than `principally for,' a result more favorable to the defendant would have been reached in the absence of that error."
The trial court also found that the evidence was insufficient to sustain a verdict. Applying the standard set forth in Code of Civil Procedure section 657 "in conjunction with the instructional error committed as set forth above, a different verdict or decision clearly could have been reached."
Moreover, the trial court determined that SCPMG did not terminate plaintiff's employment because of his patient advocacy. Citing section 2056, the trial court concluded that "[t]here existed no specific decision or policy that plaintiff pointed to in this trial over which he protested. Plaintiff's own evidence revealed that he was thanked for his hard work, that the protocols were accepted by physicians, and that he had the personal approval of the department head, Dr. Terasaki, with an acknowledgement of his success. . . . Even when asked directly by his counsel, plaintiff failed to articulate that he directly told (i.e., protested to) Dr. Terasaki that there were staff members specifically violating standards of patient care. [¶] Giving all due deference to plaintiff's evidence, it might be said that plaintiff was protesting a policy that permitted substandard work to be performed by technologists. He testified, as did Dr. Radner, that he did not `feel supported' by Dr. Terasaki when complaints were made about the technologists. In light of the evidence that plaintiff was advised to write up the problems with technologists, advised to continue his quest for improving the quality of radiology studies, but told to do so without alienating the staff, such evidence viewed favorably to plaintiff still fails to rise to the level of a `protest.'"
Next, the trial court considered the jury verdict on the defamation cause of action. It found that the "evidence was insufficient to prove the requisite malice that would defeat the common-interest privilege espoused in California Civil Code [section] 47 [subdivision (c)(1)]." "Plaintiff cannot and did not contest that defendants were required by law to investigate claims brought to their attention concerning alleged sexual harassment and racial remarks. Indeed, their dispute centered upon the inadequacies of the investigation carried out by [Torley]. [¶] . . . [¶] It is undisputed that defendants received reports of a nature that required them to open an investigation. The investigation was conducted by Human Resources according to their protocols. The investigation involved interviews of doctors, staff, and technologists. Dr. Terasaki and [Bruzzi] received this information in the course of the investigation and learned that all persons interviewed were percipient witnesses to alleged statements and/or actions made by plaintiff. It is undisputed that they did not personally seek out witnesses; rather, after plaintiff learned of the investigation and was interviewed by [Torley], he spoke with his colleagues about the investigation. In turn, they approached Dr. Terasaki, concerned about this development. Further Dr. Terasaki and [Bruzzi] spoke with plaintiff himself about the allegations. Dr. Terasaki testified at trial that following the meeting with plaintiff, he was not of a state of mind to believe the plaintiff. [¶] . . . [¶]
"At oral argument, plaintiff's counsel discussed the large discrepancy between Torley's testimony and [Golden's] regarding whether or not she had interviewed him and what the substance of the information was. Counsel also emphasized that [Golden] never made a complaint. Indeed, the complaint was initially generated by a witness. All of these facts, taken at face value, do not impact the respective duties of defendants nor impact a consideration of the existence of malice.
"They would be required to investigate reports of possible harassment and inappropriate contact, even without a complaining victim. It is recognized that in the workplace, particularly one with various classes of workers, there exists a reluctance for workers to complain directly. [Citation.] Even if it were to be determined that Torley lied about her interview with [Golden], the record of this trial demonstrates that Mr. Golden testified that he was touched from behind, it was not invited or consented to, and that he was so angry, he was afraid he was going to hit [plaintiff].
"While the jury chose not to believe Mr. Golden, issues of malice do not require that Dr. Terasaki and [Bruzzi's] good faith belief be predicated on what a jury may later determine. Whether or not the information provided to them by [Torley] was accurate is beside the point when reckless disregard is evaluated. The question becomes, did they have a reason to disbelieve her? She testified that she had conducted numerous investigations for SCPMG and Kaiser as well as while in the Navy. The report, on its face, reflects that most all witnesses were interviewed, including plaintiff. Further, Dr. Terasaki sat in on some of the interviews and judged the efficacy of the information first-hand and also[,] he, with Mr. Bruzzi, spoke with plaintiff. It simply cannot be said that evidence existed to show that they acted in reckless disregard for the truth."
Finally, the trial court granted a new trial on damages.
Appeal and Cross-Appeal
Plaintiff timely appealed from the trial court's order granting defendants' motion for JNOV on the issue of punitive damages and the order granting defendants' motion for a new trial. Defendants timely appealed the trial court's order denying the remainder of their motion for JNOV.
Plaintiff's Appeal
Plaintiff contends that the trial court erred in granting defendants' motion for a new trial based upon insufficient evidence, instructional error, and excessive damages. He also argues that the trial court erred in granting either a new trial or a JNOV on the issue of punitive damages. Finally, he claims that should the matter be remanded for a new trial, that trial should be limited to damages only.
I. Defendants' Motion for New Trial
Standard of review
Code of Civil Procedure section 657 provides, in relevant part: "The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: [¶] . . . [¶] 5. Excessive or inadequate damages. [¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. [¶] 7. Error in law, occurring at the trial and excepted to by the party making the application. [¶] . . . [¶] A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision."
In ruling on a motion for new trial, the trial court sits as an independent trier of fact. "[T]he trial court's factual determinations, reflected in its decision to grant the new trial, are entitled to the same deference that an appellate court would ordinarily accord a jury's factual determinations. [¶] The trial court sits much closer to the evidence than an appellate court. Even the most comprehensive study of a trial court record cannot replace the immediacy of being present at the trial, watching and hearing as the evidence unfolds. The trial court, therefore, is in the best position to assess the reliability of a jury's verdict and, to this end, the Legislature has granted trial courts broad discretion to order new trials." (Lane v. Hughes Aircraft Co. (2000) 22 Cal.4th 405, 412.) In ruling upon a motion for a new trial, "the trial court is vested with the authority to disbelieve witnesses and draw inferences from the evidence contrary to those drawn by the jury." (Eltolad Music, Inc. v. April Music, Inc. (1983) 139 Cal.App.3d 697, 705.)
An order granting a new trial under Code of Civil Procedure section 657 must be sustained on appeal unless the opposing party demonstrates that no reasonable trier of fact could have found for the moving party on the trial court's theory. (Jones v. Citrus Motors Ontario, Inc. (1973) 8 Cal.3d 706, 710.) An abuse of discretion "cannot be found in cases in which the evidence is in conflict and a verdict for the moving party could have been reached. . . ." (Id. at p. 711.) Hence the conflicting evidence, which the court could not properly consider in ruling on the motion for judgment notwithstanding the verdict, is determinative in affirming the court's order granting a new trial. "In other words, `the presumption of correctness normally accorded on appeal to the jury's verdict is replaced by a presumption in favor of the [new trial] order.'" (Lane v. Hughes Aircraft Co., supra, 22 Cal.4th at p. 412.)
The trial court did not misapply Code of Civil Procedure section 657
As set forth above, the trial court granted defendants' motion for a new trial, properly quoting Code of Civil Procedure section 657, which mandates that a new trial not be granted unless the jury "should have reached a different verdict or decision," and then stating: "Applying this standard, taken in conjunction with the instructional error committed as set forth above, a different verdict or decision clearly could have been reached." (Italics added.)
Preliminarily, the parties dispute whether the trial court applied the proper standard. According to the plaintiff, the trial court erred in granting the motion for new trial because it mistakenly believed that it could grant a new trial if the jury could have reached a different result. According to defendants, the trial court simply made a typographical error; based upon the accurate quotation of the applicable statute and the lengthy analysis that followed, the trial court applied the proper standard.
Reading the trial court's order as a whole, we agree with defendants. First, in all capital letters, the trial court determined that "[t]he evidence is insufficient to sustain a verdict." (Capitalization omitted.) It did not hold that the evidence "could have been" insufficient; rather, the trial court unequivocally held that the evidence was in fact insufficient. Second, the trial court properly quoted Code of Civil Procedure section 657. Finally, the trial court's lengthy review and analysis of the evidence and affirmative findings of insufficiency and inadequacy confirm that the trial court determined that the evidence was insufficient. Thus, we conclude that the trial court applied the proper standard.
Having concluded that the trial court applied the proper standard, we turn to the merits of plaintiff's argument, namely whether the evidence supported the verdict.
The trial court's order granting defendants' motion for a new trial on plaintiff's defamation cause of action is moot
As set forth below, we agree with defendants that a JNOV should have been entered in their favor on plaintiff's defamation cause of action. Thus, this portion of plaintiff's appeal is moot.
The trial court did not abuse its discretion in granting defendants' motion for new trial on plaintiff's wrongful termination claim on the grounds of insufficient evidence
Plaintiff contends that the trial court abused its discretion in ruling that the evidence was insufficient to support the judgment in his favor on his wrongful termination cause of action. Defendants rejoin, arguing that the trial court rightly granted their motion because (1) plaintiff never pointed to a specific decision or policy that he protested, and (2) there is no evidence that he was terminated principally as a result of any protest.
We conclude that the trial court did not abuse its discretion in ordering a new trial on this cause of action. At the close of the trial, the outcome was uncertain. Plaintiff presented evidence
The trial court did not abuse its discretion in granting defendants' motion for a new trial on the grounds of instructional error
As noted above, the jury was instructed that plaintiff had to prove that his "advocacy for medically appropriate healthcare was a motivating reason for [his] constructive discharge and/or the failure to promote." (Italics added.) The trial court found that this instruction was erroneous and therefore granted defendants' motion for a new trial.
On appeal, plaintiff argues that this instruction was correct and that defendants' motion for a new trial should have been denied. Specifically, as spelled out in his reply brief, plaintiff argues that the "motivating factor" instruction was proper because "a plaintiff may bring a Tameny
We are not convinced by plaintiff's arguments. As noted in Stevenson v. Superior Court (1997) 16 Cal.4th 880, 889, "[i]n the context of a tort claim for wrongful discharge, . . . public policy [must be tethered] to specific constitutional or statutory provisions." The specific statutory provision here is section 2056, subdivision (c), which prohibits the termination of a physician's employment "principally for advocating for medically appropriate health care." (§ 2056, subd. (c), italics added.)
The basic premise of statutory interpretation is to effectuate legislative intent, looking first to the plain meaning of the statutory language to determine such intent. (Torres v. Automobile Club of So. California (1997) 15 Cal.4th 771, 777; see also Khajavi, supra, 84 Cal.App.4th at p. 46.) Applying these principles to section 2056, we conclude that by using the word "principally," the statute contemplates a level of proof higher than "motivating factor," as exists in a traditional Tameny cause of action. (See, e.g., Sarka, supra, 146 Cal.App.4th at p. 275 ["To summarize, the record is replete with documentation and testimony supporting the University's position. Dr. Sarka's claim he was practicing the best medicine he could does not transform his termination into a violation of Business and Professions Code section 2056. Even if his discharge penalized him for advocating appropriate medical care—a position that was not supported by expert testimony—he was not fired `principally' for that reason. (§ 2056, subd. (c), italics added.)"]; Khajavi, supra, at p. 52.) After all, the plain meaning of the word "principally" is "chiefly" or "mainly" or "primarily." (<http://www.dictionary.reference.com > [as of Mar. 23, 2011].) Because the word "principally" is clear, our analysis could stop here. (Hoechst Celanese Corp. v. Franchise Tax Bd. (2001) 25 Cal.4th 508, 519 ["If the statutory language is clear and unambiguous, then we need go no further"].)
The cases cited in plaintiff's reply brief are distinguishable. In none of those cases did the courts consider statutory language that espoused a higher level of proof than "motivating factor." Rather, those cases involved fundamental public policies as found in generic statutory schemes, such as in the state's penal statutes, and wide-reaching statutes, such the Fair Employment and Housing Act, which broadly prohibits discrimination. (Tameny, supra, 27 Cal.3d at p. 176; Stevenson v. Superior Court, supra, 16 Cal.4th at p. 889.) These cases and the statutes cited therein are distinguishable from the instant appeal, in which we consider specific statutory language that prohibits a physician from having his employment terminated for "principally" protesting inadequate patient care.
Moreover, it is well-established that "[w]e do not presume that the Legislature performs idle acts, nor do we construe statutory provisions so as to render them superfluous." (Shoemaker v. Myers (1990) 52 Cal.3d 1, 22.) Allowing the "motivating factor" instruction originally given by the trial court (and what plaintiff proposes was proper) would nullify the word "principally" set forth in section 2056, subdivision (c). We cannot, and will not, endorse any omission of the word "principally" to allow for a claim broader than that permitted by the Legislature.
To the extent the statute is ambiguous, our conclusion is bolstered by the comments to the Senate Committee on the Business and Professions Code.
In sum, section 2056 should be construed as its text reads: To provide that the termination of a physician's employment "principally" for advocating medically appropriate heath care violates public policy. This construction conforms to the statute's plain language, is supported by the statute's legislative history, and gives effect to all of its words. It follows that the trial court did not abuse its discretion in granting a new trial on the grounds that it committed instructional error.
Excessive damages
Plaintiff argues that the trial court erred in granting defendants' motion for a new trial on the grounds of excessive damages. For the same reasons as discussed above, this issue is moot.
II. Defendants' Motion for JNOV
Plaintiff asserts that the trial court erred in granting defendants' motion for JNOV on the issue of punitive damages.
Standard of review
The trial court's discretion in granting a motion for judgment notwithstanding the verdict (Code Civ. Proc., § 629) is severely limited. The trial judge cannot reweigh evidence or judge witnesses' credibility. If the evidence conflicts or gives rise to several reasonable inferences, the trial court should deny the motion for judgment notwithstanding the verdict. That motion may properly be granted only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that substantial evidence does not support the verdict. The trial court should deny the motion if substantial evidence, or reasonable inferences drawn from it, supports the verdict. (Garretson v. Harold I. Miller (2002) 99 Cal.App.4th 563, 568.) When reviewing an order denying a motion for judgment notwithstanding the verdict, an appellate court determines whether any substantial evidence, contradicted or uncontradicted, supports the jury's conclusion, i.e., whether the plaintiff proved every element of his cause of action. (Stubblefield Construction Co. v. City of San Bernardino (1995) 32 Cal.App.4th 687, 703.)
The trial court did not err in granting defendants' motion for JNOV on the issue of punitive damages
Punitive damages must be supported by clear and convincing evidence that the defendant acted with malice, fraud, or oppression in the conduct giving rise to liability for the underlying claim. (Civ. Code, § 3294; Medo v. Superior Court (1988) 205 Cal.App.3d 64, 68.) This burden "`requires a finding of high probability. The evidence must be so clear as to leave no substantial doubt. It must be sufficiently strong to command the unhesitating assent of every reasonable mind.' [Citations.]" (Copp v. Paxton (1996) 45 Cal.App.4th 829, 846.)
More specifically, "malice" requires proof that the defendant intended to cause injury or engaged in despicable conduct with willful and conscious disregard of the rights or safety of others. (Civ. Code, § 3294, subd. (c)(1).) "Oppression" means despicable conduct subjecting a person to cruel and unjust hardship in conscious disregard of his or her rights. (Civ. Code, § 3294, subd. (c)(2).) Put another way, there must be some evidence "`inconsistent with the hypothesis that the tortious conduct was the result of a mistake of law or fact, honest error of judgment, over-zealousness, mere negligence or other such noniniquitous human failing.'" (Tomaselli v. Transamerica Ins. Co. (1994) 25 Cal.App.4th 1269, 1288, fn. 14.)
There is no such evidence here. Plaintiff only directs us to the investigation of the charges of sexual harassment and racial slurs, which he believes was incomplete and unfair. Even assuming plaintiff's theory is true, there is no evidence to suggest that defendants acted intentionally or with malice in failing to gather all available evidence or in refusing to accept plaintiff's speculation about a conspiracy theory. (See Food Pro Internat., Inc. v. Farmers Ins. Exchange (2008) 169 Cal.App.4th 976, 995 [negligent, legally erroneous and overzealous conduct was insufficiently evil, criminal, or recklessly indifferent to support punitive damages]; Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc. (2000) 78 Cal.App.4th 847, 910 [lack of fairness does not show malice].)
To the extent plaintiff suggests that there was per se malice and/or oppression because defendants retaliated against him for protesting inadequate patient care, this claim has been waived on appeal. "It is a general rule of appellate review that arguments waived at the trial level will not be considered on appeal." (California State Auto. Assn. Inter-Ins. Bureau v. Antonelli (1979) 94 Cal.App.3d 113, 122.) As noted in the trial court's order granting defendants' motion for JNOV, the trial court "expressly asked [plaintiff] what the facts were presented at trial that demonstrated that defendants acted with malice, fraud, or oppression. Plaintiff pointed to inadequacies with [the] investigation, Dr. Terasaki's comment about `getting along with the techs is more important tha[n] being a great radiologist,' and that when plaintiff sought to explain the allegations that were being made about him, he referenced . . . Bruzzi to the Visions report regarding racial tensions in the radiology department." Plaintiff did not claim that he was entitled to punitive damages because he was the victim of retaliation. Thus, he cannot do so on appeal.
Defendants' Appeal
Defendants assert that the trial court erred in denying their motion for JNOV on the (1) defamation cause of action, and (2) wrongful termination cause of action. They also contend that there was no legal basis for a judgment against KFHP.
I. The trial court erred in denying defendants' motion for JNOV on the defamation cause of action
Defendants contend that the trial court erred in denying their motion for JNOV on the slander per se cause of action.
In his FAC, plaintiff alleged a claim for defamation per se. To prove a cause of action for defamation per se, the plaintiff must present evidence that the defendant intentionally published a false and unprivileged statement of fact that tends to injure him in his profession or that causes special damages. (Civ. Code, § 46; Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645.) "`[T]o be actionable per se, a defamatory statement must tend "directly" to injure the person defamed in respect to his office, profession, trade or business . . . .' [Citation.]" (Regalia v. The Nethercutt Collection (2009) 172 Cal.App.4th 361, 368.)
Defendants argue that plaintiff could not prevail on his defamation cause of action because he did not present evidence that suggested that he was "incompetent or unable to do his job." We agree. Plaintiff directs us to no evidence in his briefs to support his defamation cause of action. (Cal. Rules of Court, rule 8.204(a)(1)(C); Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1115 [appellate court is not required to make an independent, unassisted search of the appellate record].)
In his opening brief, plaintiff argues that his defamation per se cause of action is not defeated by the common interest privilege (Civ. Code, § 47, subd. (c)). But plaintiff skips a step. He does not point us to the allegedly defamatory statements; nor does he argue why those statements fall within the parameters of a claim for defamation per se.
Plaintiff attempted to cure this defect in his reply brief, but his efforts fail. The only "evidence" plaintiff directs us to is (1) the jury's special verdict, and (2) a termination letter drafted by Bruzzi. As for the special verdict, it is not evidence, and plaintiff never tells us where the evidence of the allegedly defamatory statements to support the jury verdict can be found in the appellate record. With respect to the termination letter, it was never sent. Bruzzi testified that this letter was a draft, which would be used if plaintiff did not resign. Because plaintiff resigned, he was not terminated.
Finally, plaintiff argues that the false statements attributing racist comments and sexual harassment to him were defamatory because "[i]n modern society, employers do not tolerate sexual harassers or racist people for moral and political reasons and from the self-interested recognition that they pose a legal liability which threatens to harm the company's bottom line." We agree that a false accusation attributing racist comments and sexual harassments could be defamatory. But that would be "slander per quod," as opposed to slander per se, and would require proof of special damages in order for the plaintiff to prevail. (Regalia v. The Nethercutt Collection, supra, 172 Cal.App.4th at p. 367.) Thus, plaintiff here was not foreclosed from prevailing on a defamation claim; he just pursued the wrong one.
II. The trial court did not err in denying defendants' motion for JNOV on the wrongful termination cause of action
As set forth above, we conclude that the trial court properly granted defendants' motion for a new trial on the wrongful termination cause of action. Plaintiff presented ample evidence to support a trial on his wrongful termination claim. It follows that we conclude that the trial court did not err in denying defendants' motion for JNOV on this claim.
III. Single employer
Defendants contend that there was no legal basis for imposing liability
Pursuant to the integrated enterprise doctrine, two ostensibly separate business entities may be treated as a single employer if certain factors are present. (Laird, supra, 68 Cal.App.4th at p. 737.) These factors include the "interrelation of operations, common management, centralized control of labor relations, and common ownership or financial control." (Ibid.) A plaintiff need not establish all four of these factors before the integrated enterprise doctrine applies; "the heart of the inquiry is whether there is an absence of an arm's-length relationship among the companies." (Knowlton v. Teltrust Phones, Inc. (10th Cir. 1999) 189 F.3d 1177, 1184.) When the evidence indicates "`an interrelationship between the immediate corporate employer and the affiliated corporation [sufficient] to justify the belief on the part of an aggrieved employee that the affiliated corporation is jointly responsible for the acts of the immediate employer,'" a jury is justified in finding that the two entities are the employee's single employer. (Lockard v. Pizza Hut, Inc. (10th Cir. 1998) 162 F.3d 1062, 1070.)
Ample evidence supports the trial court's implicit order denying defendants' request that judgment be entered in favor of KFHP. Jeffrey Weisz, the executive medical director of SCPMG, testified that there are three entities that are collectively known in Southern California as Kaiser Permanente—KFHP, SCPMG, and Kaiser Foundation Hospitals, an entity through which KFHP owns hospitals. KFHP contracts with SCPMG for medical services for its members. SCPMG's only source of money is from KFHP. In fact, barring emergencies or extremely rare instances, SCPMG doctors are only allowed to work for KFHP members. Billing for SCPMG's medical services is done by KFHP. Members buying health care coverage only pay money to KFHP, not to SCPMG; they buy insurance from KFHP and they receive services through SCPMG. All of this evidence indicates that KFHP financially controls SCPMG.
Plaintiff also presented evidence that the operations of the two entities are interrelated. A single department handles the payroll functions for KFHP and SCPMG employees. KFHP keeps the checking accounts for SCPMG. Advertising for the health care offered by KFHP as health insurance and provided through SCPMG doctors is done predominantly by KFHP, advertising as "Kaiser Permanente."
Moreover, there is evidence that KFHP and SCPMG share headquarters. KFHP owns or provides the facilities where SCPMG physicians work; SCPMG does not own hospitals, medical buildings, clinics, or leases. SCPMG does not even own telephones or telecommunications systems; KFHP provides all telephone, fax, and e-mail services for it. KFHP also provides health insurance for and medical malpractice insurance to SCPMG's doctors.
Furthermore, there is evidence that the labor relations of the two entities are interrelated. In addition to the shared functions already noted, KFHP provides SCPMG with some human resource functions. In fact, in connection with the issues in this litigation, Torley, a KFHP employee, conducted the investigation into the allegations against plaintiff, a SCPMG physician. Torley's report was directed to Maria Rodriguez, a KFHP attorney. And, Terasaki conceded that the decision to terminate plaintiff was based upon the report prepared by KFHP.
Terasaki summed it up best: "To tell you the truth, most [of] the time when I deal with people at our place, I have no idea whether they're [KFHP employees] or [SCPMG employees]."
In light of this evidence, the trial court rightly denied (albeit implicitly) defendants' motion for JNOV in favor of KFHP.
The trial court's order denying defendants' motion for JNOV on the defamation cause of action is reversed. All other orders are affirmed. The parties to bear their own costs on appeal.
We concur:
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Taylor Swift's Birthday: Harry Styles Spent $1,600 on Gifts — But Then Took Her For Chinese Takeout! (PHOTO)
It looks like Taylor Swift doesn't want to go back to
December this Chinese takeout place all the time.
A pic shared by Harry Styles' buddy on Twitter shows Harry and Taylor during their recent trip to northern England, where Harry's from.
The photo was taken on or hours after Taylor's birthday on December 13. Let's just say that the look on Taylor's face suggests that going to this Chinese takeout place was not exactly her idea, as she forces a smile and has her hands folded in her lap.
Harry, on the other hand, appears as though he couldn't be happier to be there!
Perhaps the Chinese place was the only restaurant still open, as Harry had just driven two hours to take Taylor to a hotel in Cheshire after the two had spent the day in the Lake District.
And though the restaurant may not have been the most romantic choice, the rest of Taylor's birthday sounds pretty special.
Harry reportedly spent more than $1,600 on birthday gifts for her, which included a $650 Jimmy Choo bag, antique earrings, perfume, and 23 cupcakes! Best boyfriend ever? We think so.
"Harry put a lot of thought into her gifts and really wanted to show her just how special she is to him," a source tells The Sun. "The boys teased him about how mushy he's become, but he doesn't seem to care."
Come to think of it, who wants Chinese food when you have 23 cupcakes waiting for you at the hotel?
Sources: Daily Mail, The Sun
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subset: commoncrawl


text:
Details and Shopping
Customer Favorite
Compact case containing six easy-to-use face "paint" crayons in a bold assortment of colors. Pocket-sized.
*By Free People
*By Free People
*Paraffin Based
Rated 4.5 out of 5Â by 2 reviewers.
Rated 5 out of 5Â by katri PARTY FUN I ordered these for my birthday party that fell on the same day as mothers day, needed some fun things to do . I had my husband who is a super good artist color flowers on everybody that wanted it. I bought the reg one as the pearl was not in stock then, want to try that too for next party. It was a big hit, nobody got a skin rash or anything from it. It is nontoxic so no worries. Highly recommend 6.12.2014
Rated 4 out of 5Â by BurlingtonBoho FUN! These are great. Such a fun and easy way to get a little decorative without dealing with messy paint. I got the pearl and the colors are very pretty. My only complaint is that they've already begun to dull after only 2 very gentle uses (only dots under my eyes). It would be nice if they came with a crayon sharpener or something, ha. Besides that I love them and plan on using them all up :) 9.20.2014
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text: Aubrey Jaffer wrote: > The correct versions are unlikely to be much slower than naive ones; > correct-/ is perhaps faster. So the arguments for implementing these > procedures incorrectly are weak. I haven't heard any arguments at all for implementing those procedures incorrectly. On the other hand, it often happens that people fail to distinguish between arguments for incorrectness and arguments against attempting to require correctness. We often see this in the political and legal arenas. If you oppose a constitutional amendment to make flag-burning a capital offense, someone will say you want people to burn flags. Will


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News & Features
Fallen Sparks
Sham Marriages, A$AP Rocky & Snoop Dogg, Welcome to the Catalpa Music Festival
(Photo credit J.D. for JDotShots.com.) 3:42pm, Sunday, July 29. 'Let's GO, Let's GO!! The train is here!' We race down the subway stairs, hold the doors open and slip into the very first car. We all breathe a... Read More
Posted 2 years ago
Snoop Dogg, A$AP Rocky & More to Rock the Stage at NYCs First Annual Catalpa Festival
New York, N.Y. -- The latest addition to the Big Apple's long list of can't-miss summer musical events, the Catalpa Festival will begin what promises to be a long and illustrious run late this month. Going down at Randalls... Read More
Posted 3 years ago
K'naan & Matisyahu Announce Winter Tour Dates
New York, NY -- Somalia-to-Canada transplant K'naan who has been praised in the Booth for his honest portrayal of African life on cuts like "ABCs," has joined forces with Hasidic reggae sensation Matisyahu for a winter tour.... Read More
Posted 6 years ago


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Simply put, Surly's Big Dummy is designed for carrying cargo. The Big Dummy uses Xtracycle's wide array of add-on components so you can haul just about anything: groceries, laundry, camping gear, up to 200 pounds of you name it. You'll enjoy impressive maneuverability and cargo capacity without the length or sway of a trailer or the strain of a backpack. Crafted from tough 4130 chromoly, it's torsionally rigid while offering some vertical compliance for comfort.
|Surly TIG-welded chromoly with double butted main triangle
|Surly TIG-welded chromoly
* Subject to change without notice.Back to top


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There have been at least two television series and more than one movie this year concerning the time of King Arthur. This rise in interest has made our knight statues more popular than ever. We always want to bring you what you are looking for and now in the King Arthur Avalon theme we have the Mystical Unicorn of Avalon Sculpture. This wonderful example of our animal sculpture shows all his musculature and lies on the ground at one yard long. This exclusive unicorn has a marvelous horn and is perfect for the garden.
We like to do statues and other sculpture in a big way for the outside as we have done so successfully with our bigfoot garden statue. What child or adult would not want to visit your yard if you had a Gigantic Dinosaur Bone Sculpture there. This Design Toscano Exclusive sculpture is of a huge dinosaur bone and lies over three and a half feet long. You'll be the first in the neighborhood to have one.
You know we have large animal sculptures that are wonderfully made, like our outdoor elephant statues, but did you know we have prehistoric animals as well. These were probably not sculpted from life, but are still very lifelike and fun. One of the largest is Boris the Brontosaurus Garden Dinosaur Statue, who is seven feet tall and obviously will stand out in any garden. Take at look at Boris and our other large outdoor creatures.


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The head of Liberia Anti-Corruption Commission, (LACC), Cllr Francis Johnson Allison has revealed that too many bogus contracts are being awarded to bogus companies.
The remark came amidst government's promise to run an open and transparent government that would be held accountable to the Liberian people.
Cllr. Allison, making the statement Wednesday at the official launch of Government's Open Budget Initiative (OBI), said government will not succeed in stamping out corruption unless certain unscrupulous people and companies were dealt with.
OBI is a government initiative aimed at providing budget information and increasing citizen participation in the governance process of Liberia, with emphasis placed on transparency and accountability.
But, Cllr. Allison said the initiative will not achieve its objectives, especially in the case where bogus contracts are still being given to certain bogus companies in the country, something she said undermines the intent and spirit of fighting corruption and promoting transparency and accountability.
Liberia's anti-corruption chief also frowned on certain provisions in the Freedom of Information Act which she said limits people from making full disclosures. Unless this provision is amended, Cllr. Allison said the fight against corruption would be undermined. She then called on everyone to revisit the FOA law for possible amendment.
"The open budget initiative that is being launched here today, through the electronic billboard that is supposed to inform the citizens on our budget, income, our revenue and everything is a giant step in the anti-corruption fight" Commissioner Allison said.
"It is indeed a giant step and the highest level of transparency. This is what the fight against corruption is all about. We want to bring in transparency. This is wonderful. This is just one of several steps the government of Liberia has taken in the fight against corruption to adopt the culture of transparency and accountability, and integrity, and we applaud Minister Konneh for this initiative."
In spite of the giant strive by the government, she said investigation conducted by LACC has astonishingly revealed that more bogus contracts were being awarded to several bogus companies across Liberia. But she failed to mentioned specific persons involved in the bogus transactions. She also did not mention the so-called counterfeit companies involved in such actions.
"The Open Budget Initiative is indeed a welcomed development. But having said that, with this kind of transparency that we're adopting today, I think the Freedom of Information Law (FOA) needs to be amended because there're objections.
"If we require the highest standard and openness in government, how can you say that there're objections in the Freedom of Information Act that exempts people from disclosing their assets. We need full disclosures.
"We need full disclosures because a disclosure cannot be one way. We need to disclose everything, including the implementation of the budget. We need to have transparency in there, including people who're awarded contracts. There has to be transparency and openness about that.
"We cannot just show you how much government is generating, how it is spending and don't know those who're using the money to implement projects and how much they're spending there and how people are awarding contracts to people. It has to be transparent. This fight cannot stop here.
"We have seen and investigated that people who're spending government's money are doing it in a way that is not beneficial at the grassroots level because they're creating fake companies and passing that money to those fake companies.
"That is not transparency. We need to look into that, Minister. Therefore, for this against corruption to be fulfilled, we need have full disclosure. The Freedom of Information Act prevents people from making disclosures."


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Optical illusion?
But inferring the matter distribution from the CMB is not always simple. CMB maps show a 3D distribution projected onto a 2D surface, and it is possible for a clumpy 3D distribution to appear smooth when projected in 2D. The same is true of the X-ray background, which appears homogeneous in two dimensions. Finally, using galaxies that are bright at radio wavelengths is also problematic, as it is difficult to measure their distances accurately enough to pinpoint their positions in 3D.
So what could produce such a fractal pattern in galaxy surveys like Sloan? Some of the clumpiness may be a sort of optical illusion known as the Bull's-eye effect, says Adrian Melott of the University of Kansas in the US.
That's because nearby galaxies fall towards each other due to their mutual gravitational attraction - even as space itself expands. That movement can enhance the apparent clumpiness of matter in surveys like Sloan, since those surveys rely on measurements of the galaxies' velocities to determine their distance from Earth.
The wager
But according to their paper, Sylos Labini's team says the Bull's-eye effect is only relevant on very small scales, about 16 million light years and below, and has no influence on the clumpiness at the large scales in question.
Melott disagrees, saying it should magnify clumpiness at any scale. But he adds that the effect only "enhances structures that [already] exist".
What's at stake if the universe is indeed a fractal on the largest scales? Besides a radical rethink of the laws and history of the cosmos, researchers have placed something more down-to-Earth on the line.
More than a decade ago, Sylos Labini and Pietronero wagered a bet with physicist Marc Davis of the University of California, Berkeley, US. The bet, refereed by Turok, held that if the galaxy distribution turned out to be fractal beyond scales of approximately 50 million light years, Davis would owe Sylos Labini and Pietronero a case of California wine.
Should the fractal pattern begin to disintegrate at scales less than 50 million light years, Davis would receive a case of Italian wine - which some would say is a better deal. Turok has yet to declare a winner.
Cosmology - Keep up with the latest ideas in our special report.
If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.


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In a brilliant example of science doing something that's actually cool, a German neurologist has discovered something he calls the "dark patch" in the center of the human brain that is the genetic source of someone being a complete jerk.
In a brilliant example of science doing something that's actually cool, a German neurologist has discovered something he calls the "dark patch" in the center of the human brain that is the genetic source of someone being a complete jerk.
Of course, I'm not using the technical term here. "Jerk" is a bit too colloquial for scientists. I'll use what its discoverer Dr. Gerhard Roth claimed in scientific mumbo-jumbo – he calls it the "evil spot." Not to be confused with Detroit.
Studying the brains of really naughty people, like robbers, killers, and those who take up two parking spaces, Roth claims he found a dark splotch in the emotional centers of a criminal's brain that doesn't react when stimulated by short films depicting ultra-violent acts.
"Whenever there were brutal and squalid scenes, the subjects showed no emotions," Roth told The London Daily Mail. "In the areas of the brain where we create compassion and sorrow, nothing happened."
I wonder what would happen if he'd run this test on members of Congress?
"This," Roth was quoted on the blog BioEdge, "is definitely the region of the brain where evil is formed and where it lurks."
Other scientists, such as Dr. Steven Galetta, chairman of the neurology department at the NYU School of Medicine, pooh-pooped the idea to Fox News, mainly because he didn't think of it first.
"People look at the blood flow to one area and they say, 'aha, this is the evil patch,'" Galetta told FoxNews.com. I don't know how it sounded in person, but in my head it was all smarmy. "It's probably a lot more complex than that."
Galetta obviously forgot Lesson One in dealing with people: Don't argue with Germans. Ever hear a little thing called World War One? How about Two? Germans don't like it when you don't agree with them.
Terre Constantine, executive director of the Brain Research Foundation, gives Roth's discovery a little more credence than does Galetta.
"I would argue it's probably not the only 'evil' spot," she said to Fox News. "This may be one of the spots, but I'd be surprised if it's THE spot."
But what if Roth is right? What if just by hooking people up to machines that make little "ding" sounds, and forcing them to watch "Pulp Fiction," scientists can determine if someone's going to become a serial killer, or worse, Lindsay Lohan?
Sure, that would stomp all over our civil rights, but it'd be just another day in government work, right?*
Would the results be worth it? Yeah, maybe if it could find the guy who may one day play his music too loud driving down my street, or become Stalin, or something
Page 2 of 2 - *Don't give me any guff. The day the city of New York can decide to limit the size soda an American citizen can buy, the government can do anything to us.
Follow Jason Offutt on Twitter @TheJasonOffutt.
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Location, ST | website.com


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When the sides clashed in the 2004/05 campaign at the Stadio Olimpico, Swedish referee Anders Frisk was hit by a coin thrown from the stands as he walked off at half-time. Dynamo, who were leading 1-0, were awarded a 3-0 victory while the Giallorossi were banned from having spectators at two of their subsequent Champions League games.
There were no such troubles for the Italians on or off the pitch this time as goals from Simone Perrotta and Francesco Totti ensured they got their Group F campaign off to a winning start.
Copyright (c) PA Sport 2007, All Rights Reserved.


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Over the offseason, I've been attempting to figure out my best guess for what Mike Shanahan and company will do in their first real offseason. Shanahan and Allen have had their staff for a full year now, and are now familiar with all the players. Shanahan knew the players only by film last offseason, but now knows what he truly has. It will take a couple seasons before Shanahan is fully comfortable, but he is on his way. In all of the mock drafts, most people have the Redskins selecting from a pool of players consisting of Julio Jones, AJ Green, or Jake Locker- often stating WR and QB as the biggest needs. But, this is my take on the Redskins approach, come April 28th.
The Things We Know:
- Competition will be intense; constant position-battles.
- The plan for free agency is to bring in a large group of veterans who fit/understand the systems. They will help transition the young players until they are ready to take over. No outrageous/high $ signings.
- Shanahan has final say in everything.
The Things We Don't Know:
- Donovan McNabb situation.
- Albert Haynesworth situation.
- Draft targets.
Draft Strategy:
There have been thousands of different mock drafts posted online, and the Redskins seem to be a team most "mockers" have figured out, but they're going to shock the world. Shanahan has always been very secretive about his draft approach during the offseason and most of the time is very successful. Shanahan has been known to evaluate offensive lineman very well, and he
looks to have continued the tradition with Trent Williams- who becomes included with Ryan Clady and Ryan Harris as recent draft successes. Williams has tremendous athleticism and has the potential to become an ALL Pro. Going back to the 2010 NFL Draft, most experts knew the Redskins desperately needed an offensive lineman after former star Chris Samuels retired. Nearly every "expert" had Russell Okung as the Redskins selection and he was the consensus top tackle available. Trent Williams was widely regarded as the 3rd or 4th best tackle prospect behind Okung, Bryan Bulaga, and, to some, Anthony Davis. But the Redskins and Mike Shanahan selected their top guy-which now looks to be the right choice.
The selection of Trent Williams should teach everyone to expect the unexpected for the Redskins this offseason. Sitting at number 10, the Redskins will select the best player available on Mike Shanahan's board. This typically will be the top player available at a position of need. I think Shanahan may be in love with Jake Locker and may believe he has all the qualities of becoming a superstar. Or, Shanahan could see a talented kid with some accuracy issues and may want to take their chances he slips into the late first/early second. If Shanahan passes on Locker, then the pick could be so many different possibilities.
I have some scenarios that many might not expect, but could definitely come true:
Best Possible Trade Scenario: -
-Washington trades #10, Albert Haynesworth, and Donovan McNabb to
-Cincinnati for #4.
–Washington selects CB Patrick Peterson at #4.
—It may seem as this trade came straight out of a Madden Franchise league, but this is a move I could see happening. Palmer seems to be content on never playing for the Bengals again, and GM Mike Brown may feel he needs to make a move to replace him. Most likely there would be more components/players/draft picks to this trade, but this is easier. The offense wouldn't miss a beat under McNabb, and they are known for taking guys with character concerns and have a need at DT. Peterson gives the Redskins the top secondary in the league. Think of the impact- Peterson, Atogwe, Landry, Hall, Barnes, Doughty would have. Rogers would be shown the door. Peterson is my top player in the draft, and I believe wont get out of the top 5. He has the ability to take a WR completely out of the game, which would do wonders for the defense. Shanahan would use the later rounds and free agency to fill holes in D-Line, WR, OL and at OLB (Rob Jackson, Chris Wilson, Lorenzo Alexander may be able to hold it down)
Two Never-before-Seen-Picks at 10
Washington Selects OG/C Mike Pouncey at #10
—I'm 100% on the Pouncey bandwagon and believe he has all the makings to be as good as his brother. Pauncey could start at any three of the interior line positions and would give Washington two young star offensive lineman. Pouncey is the perfect fit for the ZBS and would upgrade the entire OL. Wait and see, Pouncey will be picked higher than people expect.
Washington Selects OLB Justin Houston at #10
—Many have Houston falling to the late first round or even to the 2nd. I believe Houston has all the necessary tools of becoming a devastating OLB. He has excellent size at 6'3'' 265 lbs. and had a stellar performance at the combine running a 4.68 40, 36.5 vertical, and 30 bench reps. Some think he compares to ultra bust Vernon Gholston, but Houston plays with a lot more physicality and shows a relentless motor. Houston needs to be coached, but can become a great OLB opposite Orakpo.
Other Possibilities: Adrian Clayborn, Prince Amukamara, Jimmy Smith, Phil Taylor.
Top 10 Most Likely for the Skins:
- Jake Locker
- Cam Jordan
- Robert Quinn
- Julio Jones
- AJ Green
- Justin Houston
- Prince Amukamara
- Adrian Clayborn
- Mike Pouncey
- Phil Taylor
As of now, I still believe Jake Locker will be the pick at 10. He has all the makeup of being a Shanahan QB, and not to mention is a superb leader. Locker will be well coached under the Shanahan's and can become a top QB.


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PTNow's mission is to assist physical therapists and physical therapist assistants in day-to-day practice. The website offers information on many neurologic health conditions- check it out!
The Journal of Neurologic Physical Therapy (JNPT) is the official quarterly publication of the Neurology Section of the APTA. JNPT is the primary peer-reviewed, indexed resource for advancing neurologic physical therapy practice. Read more information about the journal.
Copyright © 1997 - 2013 Neurology Section, APTA all rights reserved.


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Mandrake 9.2 or Fedora Core 1?
I've been holding off on reinstalling Linux since my last hardware upgrade ... I just haven't had the time to wrestle with drivers, etc. lately. I've pulled down the ISOs for Mandrake 9.2 and Fedore Core 1. Any thoughts on which has a smoother setup for a system like that in the sig below? I'd like to go with Mandrake, but I had a ton of problems with 9.1 and my wireless network that I didn't have with Red Hat 8.0 (i.e. I never got it working in Mandrake).
I don't use the ethernet (USB wireless).
I do use the sound, USB and firewire (although if the last doesn't work it's no big deal).
Any spectacular failures or startling successes with either (or both) of these?
I'd definately go for Mandrake in your case. As I see it Fedora Core1 should be considered Beta or perhaps even pre-beta. Anyhow it still has some way to go before a stable release.
Regarding your specific requirements i really can't say if you will have trouble getting these systems functioning. I would suggest simply trying out Mandrake and see how things turn out - this should not take that long :).
Having taken a second look at the Fedora HP I see that this release is actually considered stable. I tried it out on a computer at a friend of mine when it was just released, and my impression wasn't exactly that this was completely stable as there was a few problems running it.
Anyway, this doesn't really change my view on the choice of Mandrake over Fedora. I just wanted to be the first to correct my miscategorization of Core1 in my first post :)
Thanks for reply. I want to go with Mandrake, but I don't want to spend a bunch of time fighting the wireless like I did with the last revision (or maybe it was 9.0). If all else fails I'll just try both. That's what a spare hard disk is for, I suppose!
I ran the fedora for a few weeks and it was quite stable and did well. However as it comes no mp3 files will play and it had a few other items that were (broken) when it comes to multymedia. Redhat broke these items because they felt they did not meet gpl standards or something.
Mandrake 9.2 has a few bugs but runs great anyway. The mouse settings for single or double click to open an item is stuck on single click. The menue will dissapear when you add a new rpm.
They are working on several bugs and several have been fixed already.
I couldn't get an nforce 2 motherboard to come up with netowrk or sound in 9.2 even though the x windows server thinks it has identified and installed the nvidia hardware properly.
personally the Mandrake release seems to have a few better control appletts and a better look and feel.
Well, I tried both.
I liked Fedora's install, but my boot disk wouldn't actually boot (got Win2k, so I can't just overwrite the MBR). I decided to go back to it if Mandrake was unsuccessful.
Which it was. Sorta.
It needs lots of babysitting while installing. When it comes time to switch CDs, you'd better be there within a few minutes or the puppy's going to crash and burn. Quite annoying. I spent hours fiddling with it trying to get the wireless network up, but no-go. I didn't even get to the point of fiddling with sound, and don't even get me started about the monitor distortions due to the lovely 60Hz refresh rate (how the heck does one change that?).
I don't have a lot of time for tweaking and recompiling ... I really just want something that works when I plug it in. Look and feel was nice, but it takes a backseat to functionality. I might try Fedora Core again and give it a little push with the wireless (I had an easier time of it with Red Hat 8.0 vs. Mandrake 9.0 last time I went down this path).
If all else fails I'll sit back and wait for a while until the wireless network drivers reach a level of maturity. I don't plan on dumping Win2k any time soon, and it serves my purposes well for the moment. And so it goes.
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CJ Spiller Is Back With The Bills
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Buffalo Bills running back C.J. Spiller has returned to Buffalo after spending a week back home in Florida, supporting his stunned family after his grandfather went on a shooting spree, killing two people and injuring two others before killing himself.
Spiller said it feels good to be back with my teammates.
"I wanted to be around my guys," he said. "I wanted to come and practice with these guys and get ready for New England. I understand that it is a tragic event that took place. It's going to take a while to cope with it. But at the same time, I can't forget the task and the goal and the dreams that we have here as a team and as an organization. I want to be a part of that."
Source: Pro Football Talk
Tags: Buffalo Bills


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Blogging for all the right reasons
Use the Microsoft Online Services Migration Tools to forward copies of your Exchange Server mail to your Exchange Online mailboxes. You can also use the Migration Tools to copy content from your Exchange Server, POP3, or IMAP4 e-mail server mailboxes to your Exchange Online mailboxes. This product intended for use with Microsoft Online Services only.
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Ni Hao! Wo shi Rod.


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About the Department
The Post-graduate Department of Commerce was started in 1979
as one of the two departments, which were started along with
the establishment of Post- graduate center at Davangere. The
Commerce Department was started in this area, which is
considered to be an important commercial city in the state,
and it would benefit the students of this area. The P.G.
Centre was under the control of University of Mysore. When
the Kuvempu University was formed in 1987, the P.G.Centre
was brought under the purview of Kuvempu University, so also
the Department of Commerce. However, the center got
separated from Kuvempu University and given the university
status under the banner of Davangere University on 18th August,
The department during its 32 years of existence has not only
generated new courses, post graduates and doctorates, but
has also supplied trained manpower to other P.G.
Today the
department can boast of 4 programmes: M.Com. MAF., M.Phil
and Ph.D. with more than 250 students and the work for 10
full time teachers.
The department admits every year 70 students to the M.Com.
programme, 40 to MAF. On an average so far, in the 32 years
history of the department, it has produced around more than
1,000 M.Com graduates. 70% of these post graduates have
passed in First Class. They are occupying prestigious
positions in the government departments, banks, development
finance institutions, colleges, universities, companies and
other institutions.
Department has started separate cells for placement,
Entrepreneurship Development and Extension activities.
Placement cell has been bringing out placement
brochures, organizing pre-placement training and campus
Department has initiated Alumni association which has a
wide network, strong affiliation, takes active part in
placement activities
Teachers and students work in teams. Team spirit is
manifest in every activity of the Department.
Department has been organizing Seminars, Workshops,
Special Lecturers, Industrial Tours for the benefit of
students and teachers.
Business education, Research
and extension based Universal Human values, which reduce
stress, promote peace and Harmony for Quality of Life
To be the
number-1 University Department in the country by
focusing on Growth and Development.
To adopt world
class Teaching and Learning methods.
To build a
student friendly, interactive academic environment.
To carryout
Research, consultancy, extension and training activities
useful to society at large.
To imbibe in
teachers and students the Universal Human values such as
truthfulness, non-violence, kindness, compassion,
generosity which ensure happy, peaceful and healthy
Courses Offered
Master of Commerce(M.Com)
Master of Accounting and Finance (MAF)
Facilities available in the
Department for Students:
Internal Library:
The Department has an Internal Library for the
benefit of students with a book collection of more than
1,700 books, besides subscription for nearly 16 journals and
magazines related to commerce and management education.
UGC sponsored Computer Laboratory:
The UGC-sponsored Computer laboratory is
provided with 12 computers with Uninterupted Power Supply
and Air-Condition and also necessary software for Commerce
and Economics students. The lab is exclusively for the
student utility. The students are taught Tally package,
Computerised Accounting, E – Commerce and Web
Designing, Basic Management Information Systems and Computer
Application in Economic Analysis. Students are provided with
practical training pertaining to these aspects in the
computer laboratory.
Teachings Aids:
OHP, LCD Projectors - The faculty members use
teaching aids like Over Head Projectors and LCD projectors
for regular teaching in class rooms and the same aids will
also be provided to students for their seminars.
Purified Drinking water facility for the students within the
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text:
In the fourth volume of the critically acclaimed Underland Chronicles, Gregor is drawn ever deeper into a brewing crisis. For generations, rats have run the mice–or "nibblers"–out of whatever lands they've claimed, keeping them constantly on the move. But now the mice are disappearing, and the young queen Luxa, who credits them with saving her life, is determined to ?nd out why. When Gregor joins her on a fact-?nding mission, he's relieved that this time, at least, there's no prophecy on the line. But when the true fate of the mice is revealed, it is something far more sinister than Gregor or Luxa have imagined–and it points the way to the ?nal prophecy he has yet to ful?ll. Gregor's role as warrior and his abilities as a rager are put to the test in this suspenseful, action-packed penultimate installment of Suzanne Collins's thrilling Underland Chronicles.
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BOCA RATON, Fla. (PRWEB) September 27, 2007
Randy Marcin brings eight years of industry experience to Imperial. He joins us from Peachtree Life Settlements where he was national sales manger for the Life Settlement and Premium Finance Divisions. Mr. Marcin played a key role in creating the Premium Finance Division. He was also a regional vice president in the state of Florida for Travelers Life & Annuity. In addition, Marcin has reported on market news as a financial advisor for CBS News Miami.
"After working in the premium finance industry for years, I am excited to see the higher level of unsurpassed passion, direction, and vision that is enhanced by Randy's presence here at Imperial," commented Jonathan Neuman, President and CEO.
About Imperial
Imperial Finance & Trading, LLC is a specialty finance company focused on the premium finance and life settlement industries. Premium financing is a service which enables individuals to secure a life insurance policy without liquidating their current assets for establishing estate planning. A life settlement is the sale of an existing life insurance policy to an unrelated investor for an amount greater than the policy's cash surrender value but lower than the face amount of the policy. Imperial is located in Boca Raton, Florida. For more information visit http://www.imprl.com.
For further information contact Darcy Sullivan at firstname.lastname@example.com or (561) 995-4350.


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IT'S all systems go and all fingers crossed at NASA. Even as the agency's new administrator, Michael Griffin, emphasised that returning the space shuttles to flight was his priority, technicians finished pumping 2 million litres of fuel into the shuttle Discovery's redesigned external fuel tank. The fuel-up on 14 April was part of a successful dress rehearsal for the possible relaunch next month.
It was the first time a fuel tank had been filled with the cryogenic liquid hydrogen and liquid oxygen since the shuttle Columbia's accident in 2003. Investigators determined that the accident was caused by a piece of foam insulation that fell off the external tank during launch, damaging the leading edge of the shuttle's left wing.
After the accident, NASA and Lockheed Martin redesigned the tank to reduce the amount of foam that falls away during lift-off. One design change, for example, has been to remove foam ...
To continue reading this article, subscribe to receive access to all of newscientist.com, including 20 years of archive content.


text:
Quantity Available:
Koncept Technologies, headquartered in Monterey Park, CA, creates high-quality, innovative products that make life simpler and safer for customers.
The Z-Bar Mini Gen 3 Desk Lamp is available with the following:
- Made of aluminum and plastic
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- Color Temperature: Warm -- 3500 K; Cool -- 4500 K
- Made of 39% pre-consumer recycled material (by weight)
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- One 7 Watt 120 Volt LED array (integrated).
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text:
Detroit, which already has a bad reputation as one of the most violent cities in America, saw an uptick in the number of murders in 2012.
It is no secret that prescription drugs, notably antidepressants, can make psychiatric patients worse, not better and even precipitate violence.
Status of Women Minister Rona Ambrose promotes global campaign to end gender violence, highlights human trafficking in Canada.
The power of terrorist groups dwindles as nonviolent movements gain precedence in the world. Experts say this trend will continue into a more peaceful future.
Conference on sexual violence against women in the Congo.
On a street corner in Harlem at midnight Sunday, instead of relaxing and preparing for a leisurely Labor Day, a dozen community members gathered to discuss solutions to [...]
A truce between rival gangs in El Salvador that took effect in March has reduced the country's homicide rate by 52 percent, said President Mauricio Funes.
Carbon Trading links with violence in Honduran farmlands.
Violence is growing in Nigeria, sparking fears of a new civil war.
A bodega, an Islamic Center, a house where Hindu services are held, and a private home were all attacked by firebombs, or Molotov cocktails, on Sunday night in Queens.


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- 'The Odd Couple' turns 50
- Library explores the FAQs around 'Exploring Human Origins' exhibit
- Eight-year-old boy creates Monkees video, gets nod from Micky Dolenz
- A belly full of laughter: EPAC presents 'Monty Python's Spamalot'
- Trolley'n for brews
- Pretzel Fest: twisted fun for everyone
- Armed Forces Day swing dance
- Ephrata Police caution on new smoking rules
- Pretzel Fest will feature 13 tasting stations
Two years shy of 100, McKeever bowls a 500 series
So when the 98-year-old recently rolled a personal best 500 series, a feat that is eye-opening at any age, let alone two years shy of 100, he was the least impressed of anyone.
"It doesn't matter, really," he said of his feat. "Nothing's a big deal with me now. Holy mackerel. You just live from day to day."
McKeever bowled his 500 series in three games about three to four weeks ago in the Senior League at Dutch Lanes. The man who averages 134 rolled a season-high 191 in one of the three games.
Ask what his previous personal-best was before this 500 series, McKeever laughed and said, "That's hard to tell you. I had a lot of 400s."
McKeever grew up in Summit Hill and his occupation was as an engineer "up in the coal regions."
He said he has been bowling "many years," since his childhood days in fact.
"I started bowling when we used to have to have pin sitters," he said. "(It's been) a long time."
McKeever said he bowls once a week in the Senior League, and plans to do it "as long as I can."
Bruce Morgan contributed to this article.


text:
14 Ways To Celebrate National Dog Day
Any or all of these are acceptable ways to celebrate every dog's favorite holiday!
1. You could cheese it up a bunch for the camera.
2. Maybe a trip to Muscle Beach is in order to show everyone how tough you are.
3. Go and get a new hair-do! You deserve it!
4. Chilling around the house for some quiet time would be fine.
5. Watch a movie marathon, but be careful of getting too wrapped up in it.
6. Letting people know that it's your first National Dog Day is probably polite.
7. Organize a field day with your friends!
8. Pretend to be surprised when your friends throw a party in your honor.
9. Hike to a beautiful setting, and get a new Facebook profile picture out of it. A win-win!
10. Practice your fluffing skills. It's important now more than ever to stay fluffed.
11. Pig out on leftovers! You're allowed!
12. Patiently deal with your friends coming over unexpectedly and when you're not wearing pants.
13. Think too hard about life and stuff.
14. Check online to see how your friends celebrated it, and so you can be better than them next year.
Preview Your Response
Here Are The Top Stories
- Dylann Roof has been formally charged with nine counts of murder for the Charleston church shooting last month.
- Britain marks 10 years since 52 people were killed in terrorist attacks in London.
- Harry Shearer, the voice of Mr. Burns on "The Simpsons," will rejoin the show. In May, he said he was leaving.


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Nasdaq is hopeful that its most recent compensation plan will satisfy the trading firms that incurred losses during Facebook's botched debut May.
During the company's earnings conference call with analysts Wednesday, Nasdaq CEO Robert Greifeld said its plan is "definitive" and said there haven't been any negative comments about it since Nasdaq boosted the size of the compensation fund to $62 million last week.
"I would definitely highlight the absence of negative comments with respect to the plan from the members who are directly impacted by it," Greifeld said.
While Greifeld was careful not to say that any the four major trading firms — Knight Capital (KGC), Citadel, Citigroup (C, Fortune 500) and UBS (UBS) — have given their nod of approval, he did say that Nasdaq has been in discussion with its customers and that the "accommodation plan hopefully reflects some of those conversations."
Nasdaq (NDAQ) said it has also had discussion with rating agencies, briefed them about the plan, and doesn't expect any material impact on its credit ratings.
And Greifeld noted that Nasdaq has not and doesn't plan to set aside any reserves for legal expenses.
"We have substantial legal and factual defenses to any litigation that has been or could be brought in connection with this IPO," he said.
Greifeld said the compensation plan, if approved by the Securities and Exchange Commission, would likely take effect in the fourth quarter.
Nasdaq hired IBM (IBM) to review its operating systems following the glitch during Facebook's debut, and said the results will be out next week


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NICEVILLE - A woman who was angry because her father wouldn't let her see her boyfriend was charged with battery after she threatened her father with a butcher knife, according to an arrest report.
On Jan. 6 the Okaloosa County Sheriff's Office was summoned to a Capri Cove residence about a family disturbance.
A man at the residence said his 27-year-old daughter entered his room and asked to go to her boyfriend's house. When he said no, his daughter became irate and started arguing with him.
During the argument the daughter picked up a knife and began "prodding the knife towards him," the deputy wrote in the arrest report.
The man grabbed the knife and took it away from her, receiving a small cut in the process.
A witness said the daughter began "screaming violently and went to the kitchen to get a butcher knife. She began "prodding" toward her father's torso, the deputy wrote.
The daughter said she was struck by her father, four times in the stomach and five times in the face. The deputy didn't see any injuries.
She was charged with aggravated assault. Her court date is Feb. 26.


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Baby TeethPosted by: Terri Kuklinski
Category: Medical
Posted on: November 20, 2002 at 13:42:44
My question is about our 10-month old Katie. Her adult canine teeth have come in - both top and bottom. Her bottom baby teeth fell out shortly after getting the new ones. Her top baby teeth however never did. They are still there, right behind the new ones. Have you heard of this before? This is my first JRT and my first puppy experience, so I am not sure what is "normal" for puppies. The teeth don't interfere with her eating or chewing, I was just curious if we should take her to the vet ASAP or if this can wait until her 1 year vet visit?
P.S. I wanted to quickly thank the reader who posted information about using Peanut Butter to distract the puppy while nail clipping - it worked like a charm! It distracted her long enough to get started. We got all nails clipped without being bitten and without any "escape attempts".


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On Wed. April 30, 2014 from 8:30 am. to 3:30 p.m. you can attend a workshop led by NIH grants program directors, UMN administrators and leading researchers. The "Grantsmanship in a Changing Environment" workshop is part of the iCOMOS (International Conference on One Medicine One Science) organized by the UMN College of Veterinary Medicine and held at The Commons Hotel. Panelists include:
- Dr. Matthew Fenton, Director, Division of Extramural Activities, NIAID, NIH
- Dr. Hortencia Hornbeak, Associate Director for Scientific Review-Policy, NIAID, NIH
- Dr. Peter Jackson, Branch Chief, AIDS Research Review Branch, NIAID, NIH
- Dr. Brooks Jackson, Dean of Medical School;VP for Health Sciences, UMN
- Dr. Bruce Blazar, Regents Professor, Medical School, Assoc VP, AHC Clinical Research, UMN
- Pamela Webb, Associate VP, Sponsored Projects Administration, UMN
- James Casey, Manager, Office of Sponsored Programs, Carnegie Mellon University