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Procrastinators' Programs SM 2008 Maritime Updates Course Number: 02000812116 1.0 Hour of CLE Clay A. Cosse Ryan M. McCabe Elizabeth H. Ryan December 16, 2008 4:50 P.M. – 5:50 P.M. Pan Am Center New Orleans, Louisiana 2008 FIFTH CIRCUIT ♣ MARITIME LAW UPDATE Clay A. Cossé Ryan M. McCabe Kean, Miller, Hawthorne, Montgomery, Barnett, Brown, D'Armond, McCowan & Jarman, LLP Read, Hammond & Mintz, LLP 909 Poydras Street 3300 Energy Centre Suite 1450 1100 Poydras Street New Orleans, Louisiana 70112 New Orleans, Louisiana 70163 Telephone: (504) 620-3352 Telephone: (504) 585-7683 Facsimile: (504) 585-3051 Facsimile: (504) 200-8983 E-mail: firstname.lastname@example.com E-mail: firstname.lastname@example.com Elizabeth H. Ryan Lemle & Kelleher, LLP 601 Poydras Street 21st Floor New Orleans, Louisiana 70130 Telephone: (504) 584-9138 Facsimile: (504) 584-9142 E-mail: email@example.com Presented at the New Orleans Bar Association's Procrastinators' Programs sm Tuesday, December 16, 2008 4:50 p.m. – 5:50 p.m. ♣ To the extent that any opinion is expressed in this article, such opinion is solely that of the authors and does not necessarily represent the opinion of their respective law firms, their partners, their associates, or their clients. 2 CLAY A. COSSÉ Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, LLP 909 Poydras Street Suite 1450 New Orleans, Louisiana 70112 Telephone: (504) 620-3352 Facsimile: (504) 585-3051 E-mail: email@example.com Clay Cossé is an associate attorney in the New Orleans office of Kean Miller Hawthorne D'Armond McGowan and Jarman, LLP. He joined the firm in 2006 and practices in the Admiralty and Maritime practice group. Clay is admitted to practice before all Louisiana state courts, the United States District Courts for the Eastern, Middle and Western Districts of Louisiana, and the United States Court of Appeals for the Fifth Circuit. He has successfully defended clients in federal and state courts through motion practice and discovery. Clay has gained experience in a wide array of maritime matters, including the Jones Act, personal injury, oil and gas production and exploration, products and premises liability, ship and barge collisions and allisions, cargo damage and limitations of liability. In addition to defending a wide array of maritime clients, Clay has defended clients in toxic torts, construction defect and insurance arenas. Clay received his J.D. from the Louisiana State University Law Center in May 2006. He received his B.A. in Liberal Studies from the University of Notre Dame in 2003. 3 RYAN M. MCCABE Montgomery, Barnett, Brown, Read, Hammond & Mintz, LLP 3300 Energy Centre 1100 Poydras Street New Orleans, Louisiana 70163-3200 Telephone: (504) 585-7683 Facsimile: (504) 200-8983 E-mail: firstname.lastname@example.com Ryan McCabe, an associate in Montgomery Barnett's New Orleans office, earned his juris doctor from Tulane University Law School in 2007 and his Bachelor of Science in Business Administration (Finance concentration) and Bachelor of Arts in Urban Studies and Planning (Urban Economics concentration), summa cum laude, from the University at Albany in 2004. Ryan is admitted to practice in the United States Court of Appeals for the Fifth Circuit and the United States District Court for the Southern District of Texas, as well as all Louisiana state and federal courts. His practice focuses primarily on commercial litigation, oil and gas litigation, business and corporate matters, and legal malpractice defense. During law school, Ryan was a legal intern for the Chief Counsel of the United States Maritime Administration, served as Editor in Chief of the Tulane Maritime Law Journal, and argued in the John R. Brown Admiralty Moot Court Competition. Additionally, Ryan won the Journal's 2005 annual writing competition and 2007 Tulane Admiralty Law Institute Award of Excellence. While attending the University at Albany, Ryan was a Presidential Scholar, member of the Presidential Honor Society, the National Society of Collegiate Scholars, and Beta Gamma Sigma, and was heavily involved in the University at Albany School of Business Honors Program. CLE Seminar Taught • Co-panelist with Louisiana Insurance Commissioner Jim Donelon; presented a paper entitled "Wind versus Flood and Other Trivial and Mundane Matters", Louisiana State Bar Association's 2008 Sandestin Summer School Published Works • The Third Circuit Declines to Extend Maritime Liens to Replacement Vessels in PNC Bank Delaware v. F/V Miss Laura, 30 TUL. MAR. L.J. 427 (2006). • A Statutory Frolic of Its Own? A Divided Fourth Circuit Calms the Seas of the Suits in Admiralty Act Discretionary Function Exception Circuit Split, 30 TUL. MAR. L.J. 457 (2006). • Quantum Survey, 31 TUL. MAR. L.J. 697 (2007) (with Arjya B. Majumdar). • Collision Survey, 31 TUL. MAR. L.J. 727 (2007) (with Arjya B. Majumdar). • Forum Selection Clause Survey, 31 TUL. MAR. L.J. 745 (2007) (with Arjya B. Majumdar). 4 ELIZABETH H. RYAN Lemle & Kelleher, LLP 601 Poydras Street 21st Floor New Orleans, Louisiana 70130 Telephone: (504) 584-9138 Facsimile: (504) 584-9142 E-mail: firstname.lastname@example.com 5 2008 FIFTH CIRCUIT MARITIME LAW UPDATE The following cases were decided by the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit and the Louisiana state and federal courts over the past year. The authors do not warrant that the cases discussed herein are a complete complication of all maritime cases from the foregoing courts. Rather, the following cases are merely meant to be an illustrative sample of the more noteworthy recent developments in maritime law in the jurisdictions in which the majority of today's attendees practice. I. PREEMPTION OF STATE LAW BY FEDERAL MARITIME LAW A. Ostrowiecki v. Aggressor Fleet, Ltd., 965 So. 2d 527 (La. App. 4 Cir. 2007). In Ostrowiecki v. Aggressor Fleet, Ltd., the Louisiana Fourth Circuit held that the Death on the High Seas Act, 46 U.S.C. §§ 30301-08 ("DOHSA"), preempted plaintiffs' state-law claims for misrepresentation, breach of contract, survival, and wrongful death. Despite the presence of a Louisiana forum selection clause in an employment contract, Judge Gorbaty recognized that "there is clear authority that DOHSA preempts the plaintiffs state law claims" for fatal injury remedies. The court further held that plaintiffs' claims for intentional or negligent infliction of emotional distress were not preempted by DOHSA. II. ADMIRALTY JURISDICTION A. In re Silver Slipper Casino Venture L.L.C., 264 Fed. App'x 363 (5th Cir. 2008). In In re Silver Slipper, the United States Court of Appeals for the Fifth Circuit evaluated the applicability of admiralty jurisdiction in a limitation of liability action filed by Silver Slipper, the owner of the President Casino-Broadwater, a casino barge moored in Biloxi, Mississippi. Hurricane Katrina blew the casino barge several thousand feet across a highway into a hotel. Silver Slipper subsequently filed suit seeking exoneration from or limitation of liability under the Limitation of Liability Act, 46 U.S.C. § 186, et seq. The casino barge was permanently moored in a marina, received electricity and water from land-based sources, and was not practically capable of being transported over water. As the court noted, Silver Slipper could only invoke the Limitation of Liability Act if admiralty jurisdiction existed under 28 U.S.C. § 1331(1). The controlling inquiry was thus whether Silver Slipper's casino constituted a vessel for purposes of admiralty jurisdiction. Applying Stewart v. Dutra Constr. Co., 543 U.S. 481, 489 (2005), the Fifth Circuit held that the casino barge did not constitute a "vessel" for purposes of admiralty jurisdiction: 6 Notwithstanding Silver Slipper's attempt to distinguish Pavone [v. Mississippi Riverboat Amusement Corp., 52 F.3d 560, 570 (5th Cir. 1995)] and De La Rosa [v. St. Charles Gaming Co., Inc., 474 F.3d 185, 188 (5th Cir. 2006)] by arguing that its casino was "definitely in navigation" when it struck the hotel, the unfortunate fact that Hurricane Katrina blew the casino across a highway and into a hotel did not suddenly transform a non-vessel into a practically navigable watercraft. Silver Slipper, 264 Fed. App'x at 365 (citing 1 U.S.C. § 3; 28 U.S.C. § 1333(1)). B. Abt v. Dickson, 251 Fed. App'x 293 (5th Cir. 2007). In Abt v. Dickson, a longshoreman crane operator brought suit to recover for injuries he suffered when the crane he was operating fell into a ship channel while he moved it along a dock. The longshoreman filed suit in the United States District Court for the Southern District of Texas pursuant to admiralty jurisdiction, and so designated pursuant to Federal Rule 9(h). Plaintiffs asserted claims based on negligence, gross negligence, premises liability, and other torts. The defendant filed a motion to dismiss for lack of subject matter jurisdiction, arguing that under Sisson v. Ruby, 497 U.S. 358 (1990), the longshoreman's claims fell outside the court's admiralty and maritime jurisdiction. The district court granted the motion. See 2006 WL 1751897. The longshoreman appealed. On appeal, the Fifth Circuit evaluated the applicability of federal admiralty jurisdiction under the "maritme situs" test as articulated in Grubart v. Great Lakes Dredge & Dock Co. 513 U.S. 527, 534, (1995). The maritime situs test involves an evaluation of "whether the tort occurred on navigable water or whether injury suffered on land was caused by a vessel on navigable water." Grubart, 513 U.S. at 534 (citing 46 U.S.C. App. § 740). In determining maritime situs, courts make a two-part inquiry: (1) whether the incident has a potentially disruptive impact on maritime commerce; and (2) whether "the general character of the activity giving rise to the incident shows a substantial relationship [to] traditional maritime activity." Abt, 251 Fed. App'x at 294 (quoting Sisson, 497 U.S. at 364). In an unpublished opinion, the Fifth Circuit held that federal admiralty jurisdiction did not extend to the longshoreman's claims; even though the incident in question potentially could have disrupted maritime commerce, reasoned the court, there were no vessels on or near the dock at the time of the incident. Id. at 295. While the longshoreman's claims satisfied the "locality" test, the Court reasoned that the plaintiff's claims were not related to traditional maritime activity. "As the district court explained, Abt was merely moving the crane from one end of the dock to another; he was not servicing or even preparing to service a vessel at the time of the incident." Id. at 294. C. Grand Isle Shipyard, Inc. v. Seacor Marine, LLC, 543 F.3d 256 (5th Cir. 2008). In Grand Isle Shipyard, Inc. v. Seacor Marine, LLC, a company responsible for repairing and maintaining offshore platforms and its insurer filed suit against a company responsible for transporting offshore workers employed by the plaintiff. The plaintiff repair/maintenance company sought a declaration that it was not obligated to defend and indemnify the defendant transportation company in a lawsuit arising of an incident in which the plaintiff's employee was injured in a fall onboard a vessel owned and operated by the defendant. Judge Engelhardt granted summary judgment in favor of plaintiff, applying the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. § 1331, et seq., and the provisions of the Louisiana Oilfield Indemnity Act, LA. REV. STAT. § 9:2780A ("LOIA") as surrogate federal law under the OCSLA to invalidate the indemnity agreement 7 upon which the defendant's defense and indemnity claims were based. 2007 WL 2874808. The defendant appealed. The Fifth Circuit held that the OCSLA—and thus the LOIA—did not apply to a vessel used to transport a worker from an offshore platform to residential platform. Seacor Marine, 543 F.3d at 259-60. Under Demette v. Falcon Drilling Co., Inc., 280 F.3d 492 (5th Cir. 2002), the vessel in question did "not qualify as an OCSLA situs within the meaning of § 1333(a)(1). That is, the vessel [did] not qualify as either 'the subsoil and seabed of the [OCS],' an 'artificial island,' or an 'installation ... permanently or temporarily attached to the seabed.' Indeed, as to the latter category, § 1333(a)(1) specifically excludes 'a ship or vessel' used for 'transport [ing] resources from the OCS' from being a potential OCSLA situs." Id. at 259-60. III. PUNITIVE DAMAGES. A. Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008). In Exxon Shipping Co. v. Baker, the United States Supreme Court held that penalties for water under the Clean Water Act, 33 U.S.C. §§ 1311(a) and 1319(c)(1) ("CWA"), did not preempt maritime common law on punitive damages. Exxon, 128 S. Ct. at 2618-19. Having reached that conclusion, the Court proceeded to analyze the amount of the punitive damages award, holding that a 1:1 ratio of punitive-to-compensatory damages is a fair upper limit in maritime cases with no earmarks of exceptional blameworthiness, such as intentional or malicious conduct, or behavior driven primarily by desire for gain. Id. at 2633. Accordingly, the $2.5 billion dollar punitive damage award against Exxon, which had been reduced from $4.5 billion dollars by the Ninth Circuit, was further reduced to equal the amount of compensatory damages, $507.5 million dollars. Id. at 2634. Justices Stevens, Ginsburg, and Breyer dissented on the compensatory damages issue in separate opinions. Justice Alito did not participate in the decision. IV. JONES ACT SEAMAN STATUS A. Hebert v. Weeks Marine, Inc., 251 Fed. App'x 305 (5th Cir. 2007). In Hebert v. Weeks Marine, Inc., a welder filed suit against a vessel owner under the Jones Act alleging damages caused by injuries the welder sustained while working in a shipyard when his shoulder was crushed between two pipes. The United States District Court for the Western District of Louisiana entered a memorandum ruling and judgment finding that the welder was a Jones Act seaman. The vessel owner appealed. Id. at 306. The Fifth Circuit was not convinced by the vessel owner's claim that the plaintiff was not a seaman because he was working on shore in a shipyard at the time of the incident. "It is well established that a seaman does not lose seaman status merely because his duties take him ashore." Id. at 306-07 (citing Chandris, Inc. v. Latsis, 515 U.S. 347, 361). The Court found that the plaintiff had introduced evidence establishing that approximately 75% of his employment was spent on vessels in navigable waters; plaintiff therefore met the Chandris 30% test. Id. at 307. The Court also dismissed the defendant's argument that the plaintiff had changed jobs prior to the incident. Rather, the plaintiff had simply transferred from one vessel to another vessel, not from a vessel to a land-based 8 job. Moreover, plaintiff was a welder on both of the vessels, thus there was no change in his duties from his old assignment to his new one. Id. B. In re Two-J Ranch, Inc., 534 F. Supp 2d 671 (W.D. La. 2008) In In re Two-J Ranch, Inc., a limitation proceeding, an assistant deckhand, James King, boarded a barge, slipped from its edge, fell into the Mississippi River, and eventually drowned. Id. at 674. Mr. King was employed aboard the M/V CARLA J; however, he had served in this position for a short period of time and previously had worked as a welder for a drydock and an attached spud barge floating in the Mississippi River. Id. at 674. Although M/V CARLA J, a towboat, is clearly a vessel, the court also ruled that the drydock and attached spud barge was a Jones Act vessel as a matter of law: About once a year, depending on the river level, the drydock and spud barge would be moved up and down the river bank as much as several hundred feet along the property line of VD & S and Two-J. Far more frequently, the drydock and spud barge would be moved a short distance toward and away from the river bank. This movement shows that not only were the drydock and spud barge capable of being used for maritime transport, they actually were used for that purpose. That in itself is sufficient to place the watercraft within the definition of "vessel" in 1 U.S.C. § 3 for purposes of Jones Act and LHWCA analysis. As Stewart and Holmes reveal, even structures that lack many traditional characteristics of vessels are now vessels under 1 U.S.C. § 3, provided they are not "permanently moored." To drive the point completely home, we emphasize that the drydock in this case is unlike the drydock in Cope. In Cope, the drydock "had been put in position by being permanently moored by means of large chains" to the river bank, and the drydock's only movement occurred in place, closer or further from the riverbed by means of pumps. Cope, 119 U.S. at 627, 7 S.Ct. 336. Clearly, the drydock here does not fit that description. Id. at 680. C. Phelps v. Bulk III, Inc., Nos. 06-0833, 05-2148, 2007 WL 3244723 (E.D. La. Nov. 1, 2007). In Phelps v. Bulk III, Inc., the plaintiff injured his spine when he was struck in the back by a spreader bar attached to the defendant's crane barge. Id. at *1. At the time of the accident, the plaintiff was working as a flag man and a lead man in the hold of a vessel on the Mississippi River. Id. The employer moved for summary judgment, claimed that the plaintiff was not a Jones Act seaman, and presented evidence that the plaintiff primarily performed a traditional function of a longshoreman (loading and unloading cargo) on the employer's fleet of barges. Id. at *2. The employer, however, did "not dispute that its barges are an identifiable fleet under common ownership or control." Id. at *3. In rejecting the defendant's arguments due to the existence of genuine issues of material fact, Judge Feldman noted that the defendant failed to meet the thirty percent benchmark set forth in Roberts v. Cardinal Servs., Inc., 266 F.3d 368, 377 (5th Cir. 2001) ("[W]hen a group of vessels is at issue, a worker who aspires to seaman status must show that at 9 least 30 percent of his time was spent on vessels, every one of which was under his defendant- employer's common ownership or control."). Phelps, 2007 WL 3244723, at *3-4. D. Willis v. Fugro Chance, Inc., 278 Fed. App'x 443 (5th Cir. 2008). In Willis v. Fugro Chance, Inc., the Fifth Circuit rejected the applicability of the so-called "classicial seaman's work exception" purportedly set forth by Bertrand v. Int'l Mooring & Marine, Inc., 700 F.2d 240, 245 (5th Cir. 1983). Since the Fifth Circuit decided Bertrand, parties have argued that the Bertrand case stands for the proposition that a party may establish seaman status just by proving that he is regularly exposed to the perils of the sea, without satisfying the Jones Act's vessel or fleet requirement. Citing Roberts v. Cardinal Servs., Inc., 266 F.3d 368 (5th Cir. 2001), and Buras v. Commercial Testing & Eng'g Co., 763 F.2d 307 (5th Cir. 1984), the Willis court stated that "we have limited our holding in Bertrand to the facts of that case." Id. at 447. V. LIABILITY UNDER THE JONES ACT A. Stiward v. United States, 551 F. Supp. 2d 478 (E.D. La. 2008). In Stiward v. United States, a diabetic seaman who suffered a significant diabetic attack while working on a merchant marine vessel owned by the United States subsequently brought suit against the United States under the Suits in Admiralty Act for Jones Act negligence and unseaworthiness due to (1) the vessel's officers' failure to stock insulin and (2) the vessel's officers' failure to promptly seek medical assistance on the seaman's behalf when the attack occurred. Id. at 499. Following a bench trial, Judge Duval found for the seaman, explaining that: The lack of medical supplies aboard the M/V Cape Horn in this case made it unseaworthy…Considering Fifth Circuit precedent holding that a coastal oyster dredger should stock sedatives in order to be deemed seaworthy, see Stevens [v. Seacoast Co., 414 F.2d 1032, 1038-39 (5th Cir.1969)], supra, it is not a great leap to require a vessel that traverses thousands of miles of open ocean and performs potentially dangerous missions in foreign countries to stock insulin. Id. B. O'Neill v. Seariver Maritime, Inc., 246 Fed. App'x 278 (5th Cir. 2007). In O'Neill v. Seariver Maritime, Inc., the Fifth Circuit stated, in a per curiam opinion, that "[t]he standard for causation in Jones Act cases is very light." Id. at 280. The court went on to hold: We cannot say that under the Jones Act's lenient standards for causation and the highly deferential clear error standard, the district court clearly erred in concluding that a greater than 200 ppm existed when O'Neill was exposed to the hydrogen sulfide and that it was the cause of his injuries. The same analysis would apply to the seaworthiness claim. Id. 10 Accordingly, the Fifth Circuit affirmed the trial court's entry of judgment in favor of the plaintiff seaman, holding that the evidence supported the court's finding that heightened levels of hydrogen sulfide caused the seaman's medical problems. Id. at 279-80. VI. MAINTENANCE AND CURE A. Lejeune v. Transocean Offshore Deepwater Drilling, Inc., 247 Fed. App'x 572 (5th Cir. 2007). In Lejeune v. Transocean Offshore Deepwater Drilling, Inc., a seaman was injured when a valve fell on his foot, crushing his first metatarsal bone and peroneal nerve. The seaman filed suit under the Jones Act and general maritime law. The United States District Court for the Western District of Louisiana entered judgment for the seaman and awarded $1.8 million in damages. The seaman's employer appealed. The Fifth Circuit held, inter alia, that the district court was entitled to award maintenance and cure for future medical expenses despite that the seaman was not yet at maximum medical improvement. The Court also found that the trial court did not err in awarding the seaman future cure expenses for recommended future physical therapy and psychological treatments, even though the amount of these expenses was uncertain. Id. B. Parker v. Jackup Boat Serv., LLC, 542 F. Supp. 2d 481 (E.D. La. 2008). Under McCorpen v. Cent. Gulf S.S. Corp., 396 F.2d 547 (5th Cir. 1968), a seaman may be denied maintenance and cure if he lies about his medical history. More specifically, the employer must prove the following to establish the McCorpen defense: (1) the claimant intentionally misrepresented or concealed medical facts; (2) the non-disclosed facts were material to the employer's decision to hire the claimant; and (3) a connection exists between the withheld information and the injury complained of in the lawsuit. Parker v. Jackup Boat Serv., LLC, 542 F. Supp. 2d 481, 493 (E.D. La. 2008) (citing McCorpen, 396 at 548-49). In Parker, Judge Zainey held that the employer was not shielded by McCorpen from its obligation to pay maintenance and cure to the seaman because the third element was not satisfied: In establishing the requisite causal relation, there is no requirement that a present injury be identical to a previous injury. All that is required is a causal link between the pre-existing disability that was concealed and the disability incurred during the voyage. Defendants assert that there is a clear connection between the illness that Plaintiff failed to disclose and the present disability for which he seeks maintenance and cure. Specifically, Defendants argue that Trinity has established the causal link between the concealed information and the accident which forms the basis of this suit because 11 Plaintiff's prior injury was an injury to the neck and in the instant matter, he is claiming neck injuries as well. The Court does not consider this sufficient to establish a causal connection. Defendants offer no medical testimony to augment their argument of causality… No evidence exists in the record that Plaintiff's neck was re-injured due to the accident or that the previous injury contributed to his accident. Id. at 494-95 (internal quotation marks, citations, and footnote omitted). VII. BURDEN OF PROOF — THE PENNSYLVANIA RULE A. Florida Marine Transporters, Inc. v. Sanford, 255 Fed. App'x 885 (5th Cir. 2007) In Florida Marine Transporters, Inc. v. Sanford, a seaman brought unseaworthiness, Jones Act negligence, and maintenance and cure claims against a vessel owner to recover damages for an injury he sustained aboard a vessel. At trial, the jury awarded the seaman maintenance and cure, but ruled for the vessel owner on the seaman's other claims. Id. at 887. Following the jury verdict, Judge Feldman of the Eastern District denied the seaman's motion for entry of judgment as a matter of law on the issue of unseaworthiness with a new trial for damages, or, alternatively, for a new trial on negligence and unseaworthiness. 2006 WL 2524162. On appeal, the Fifth Circuit evaluated the applicability of negligence per se and the Pennsylvania rule. The Court held that the district court did not err in refusing to instruct the jury on negligence per se and the Pennsylvania rule. "In In re Mid-South Towing Co., this court declined to apply the Pennsylvania rule where establishing a causal connection between the statutory violation and the resulting injury was implausible…. Rather, this court held that the statutory violation must be a contributory and proximate cause of the accident." Sanford, 255 Fed. App'x at 889 (citing In re Mid- South Towing Co., 418 F.3d 526 (5th Cir. 2005); Stine v. Marathon Oil Co., 976 F.2d 254, 259 (5th Cir.1992)). The Court noted, however, that the district court commit error—albeit harmless—by ruling that the Pennsylvania rule applied only in collision cases. Id. at 889. VIII. ENFORCEMENT OF JONES ACT SETTLEMENTS A. Durley v. Offshore Drilling Co., 288 Fed. App'x 188 (5th Cir. 2008). In Durley v. Offshore Drilling Co., the Fifth Circuit evaluated the district court's order invalidating a release agreement between a seaman and his employer. The seaman was injured in an incident aboard an inland drilling barge owned by TODCO. The seaman underwent medical treatment and ultimately settled, without representation, his claims against TODCO. The seaman released TODCO via a release agreement that was explained to and executed by the seaman on the record before a court reporter "of and from any and all past, present and/or future claims, demands, causes of action and rights of action whatsoever, which he may or might have and/or which may hereafter accrue to him, whether known or unknown, foreseen or unforeseen." Id. at 189. The seaman was subsequently diagnosed with more serious medical conditions than those with which he was initially diagnosed; this was attributed in part to the fact that the seaman withheld 12 that he was experiencing pain in certain areas because he desired to return to work. The seaman thereafter filed suit against TODCO under the Jones Act, 46 U.S.C. App. § 688(a), and general maritime law, claiming that he had concealed the nature and extent of his injuries in the course of his post-accident medical treatment. TODCO pled the release agreement as a bar to plaintiff's claims and filed a compulsory counterclaim for indemnity, based on the terms of the release. The district court invalidated the release on the grounds that the seaman and TODCO shared a mutual mistake as to the nature and severity of the seaman's injuries. Durley, 288 Fed. App'x at 189. Relying on Simpson v. Lykes Bros. Inc., 22 F.3d 601, 602 (5th Cir. 1994), the Court vacated the district court's order invalidating the release, holding that the doctrine of mutual mistake was unavailable to the seaman to avoid the release. In evaluating the validity of a seaman's release, courts consider several factors, including "whether the parties have negotiated at arms-length and in apparent good faith, whether the competency of counsel or the adequacy of medical or legal advice is questioned, and whether there is any appearance of 'taint or fraud, deception, coercion or overreaching…in the negotiations eventuating in the settlement.'" Durley, 288 Fed. App'x at 190 (quoting Strange v. Gulf & S. Am. Steamship Co., 495 F.2d 1235, 1236 (5th Cir.1974)). Courts also consider the adequacy of the settlement consideration, though "[t]he ultimate concern...is not whether the seaman has received what the court believes to be adequate consideration, but rather whether the seaman relinquished his rights with an informed understanding of his rights and a full appreciation of the consequences when he executed a release." Id. at 190 (quoting Simpson, 22 F.3d at 602); see also Stipelcovich v. Sand Dollar Marine, Inc., 805 F.2d 599, 606 (5th Cir.1986). The Court evaluated the seaman's argument that the release should be invalidated for mutual mistake: A seaman's release should be set aside for mutual mistake if neither party understood the nature of the injury, as opposed to its extent. Rogers v. Trico Marine Operators, Inc., No. 98-30094, 1998 WL 870688, at *3 (5th Cir. Dec.2, 1998) (citing Robertson, 510 F.2d at 836). "A longshoreman who signs a release may have to take his chances that [with] a properly diagnosed condition ... his injuries may be more serious and extensive than originally thought." Id. (quoting Robertson, 510 F.2d at 836)…. Where both parties completely misunderstood the nature of the injury, then, we have set aside a release for mutual mistake. Id. Id. at 190. The Durley release was analogous to the Simpson release in that both releases expressly covered any worsening of the respective plaintiffs' conditions subsequent to the execution of the Releases, both known and unknown at the time. The express language of the Durley release coupled with the plaintiff's exchange on the record with counsel for TODCO made it "clear that Durley understood he was relinquishing his rights for all injuries even if they were unknown. Per Simpson, then, the doctrine of mutual mistake is unavailable to him to avoid the agreement." Id. at 191. B. Steverson v. GlobalSantaFe Corp., 508 F.3d 300 (5th Cir. 2007). In Steverson v. GlobalSantaFe Corp., a seaman was injured and hired an attorney in Biloxi to represent him. Id. at 302. The seaman's chosen attorney subsequently passed away, and the attorney's associate then became the seaman's sole attorney. Id. The associate filed a Jones Act 13 action and eventually settled the seaman's case for $350,000.00 following a settlement conference over which a Magistrate Judge presided. Id. at 304. Eight days later, however, the seaman informed the associate that he did not agree to the settlement and that he was under the impression that he had thirty days to consider whether he wanted to go forward with the settlement. Id. at 305. The seaman terminated the associate's services and retained new counsel. Id. The defendant filed a motion to compel the settlement, which was granted by the district court. On appeal, the Fifth Circuit reversed the district court, noting that "[s]eamen, of course, are wards of admiralty whose rights federal courts are duty-bound to jealously protect….Any release or settlement involving a seaman's rights is subject to careful scrutiny." Id. at 304 (internal quotation marks, citations, and brackets omitted). Citing Stipelcovich v. Sand Dollar Marine, Inc., 805 F.2d 599 (5th Cir. 1986), Fifth Circuit implied that the likelihood that a settlement will be upheld increases when: (1) the lower court's dismissal order is not confusing and ambiguous; (2) there is evidence that the settlement is negotiated by the seaman's counsel in apparent good faith at arms length; (3) the lower court holds a hearing to resolve conflicting stories or otherwise assess the legal advice given to the seaman by his counsel; (4) the seaman has access to adequate access to legal advice at the time the settlement agreement is executed. Id. at 305-06. Several of the foregoing factors were not present when the Steverson settlement agreement was executed. IX. A SEAMAN'S WILLFUL CONCEALMENT OF A PREEXISTING CONDITION AS A DEFENSE TO JONES ACT AND UNSEAWORTHINESS CLAIMS A. Johnson v. Cenac Towing, Inc., 544 F.3d 296 (5th Cir. 2008). While a Jones Act seaman's willful concealment of a pre-existing medical condition has long been held to preclude a seaman's recovery for maintenance and cure benefits, willful concealment has never acted as a bar to recovery under the Jones Act. McCorpen v. Cent. Gulf S.S. Corp., 396 F.2d 547 (5th Cir. 1968); Still v. Norfolk & Western Railway Co., 368 U.S. 35 (1961). The Fifth Circuit's recent ruling in Johnson v. Cenac Towing, Inc. provides both comfort and caveat to the Jones Act employer. 544 F.3d 296 (5th Cir. 2008). The comfort: the seaman who willfully conceals a pre- existing medical condition from his employer does so at his own peril—if his concealment causes the seaman to suffer a re-injury, the seaman will be precluded from recovering maintenance and cure, and will see his Jones Act claim reduced in proportion to the percentage of fault attributable to his concealment. The caveat: insurance benefits received by a Jones Act seaman under an employer financed health insurance plans that provide coverage only for non-work-related injuries are "collateral source" payments and will not reduce the seaman's recovery from his employer for Jones Act negligence. Id. Still, the Fifth Circuit noted: If Cenac had established a health insurance plan that covered both work-related and non-work-related injuries and contained specific language requiring that benefits received under the plan be set-off against a judgment adverse to the tortfeasor [Jones Act employer], then a court might find that the plan was intended to indemnify the tortfeasor from liability. Id. at 306 (citing Allen v. Exxon Shipping Co., 639 F.Supp. 1545, 1549 (D. Me. 1986)). Leroy Johnson, a Jones Act Seaman employed as a tankerman by Cenac Towing, injured his back while carrying a 175-pound cross-over hose aboard a Cenac vessel. Johnson had applied for 14 employment with Cenac on two occasions. Both times, Johnson indicated that he had never suffered any on-the-job injuries and that he did not have any physical conditions that might interfere with or hinder his job performance. In connection with his pre-employment physical examinations, Johnson completed medical history questionnaires. Both times, Johnson indicated that he had never hurt his back and that he had never received disability compensation. Yet Johnson had suffered work-related injuries on two occasions prior to his employment with Cenac. In 1994, Johnson sustained neck and back injures that left him disabled for ten months; Johnson underwent neck surgery for these injuries. In 2001, Johnson re-injured his back and was disabled for thirteen months; Johnson received steroid injections for the re-injury. Id. at 299-301. Johnson then injured his back in 2005 while working for Cenac. Johnson applied for and received insurance benefits for his back injury under an insurance plan financed by Cenac; the insurance plan provided coverage only for non-work-related injuries. Id. at 300. District Judge Sarah Vance denied plaintiff maintenance and cure benefits on the grounds that plaintiff had willfully concealed his pre-existing medical conditions. Judge Vance awarded plaintiff damages under the Jones Act. Id. at 301. While Judge Vance found the plaintiff's injuries to be aggravations of his pre-existing conditions, the Fifth Circuit found that Judge Vance's ruling was unclear as to whether the plaintiff had been contributorily negligent by willfully concealing his prior injuries from Cenac. The Fifth Circuit remanded the case to the District Court to determine whether plaintiff had been contributorily negligent in "exposing himself to heavy labor with a weakened back." The Fifth Circuit's decision did not make a determination on Johnson's contributory negligence/comparative fault. Id. at 302-303. With respect to the admissibility of benefits paid to the plaintiff under the employer- financed health insurance plan, the Fifth Circuit held that the insurance benefits were a collateral source payment and could not reduce Johnson's damage award. [W]hen an employer-tortfeasor funds a benefit plan, like the group health insurance plan at issue here, "the justifications for denying a setoff become less compelling." [Phillips v. Western Co. of N. Am., 953 F.2d 923, 931 (5th Cir. 1992)] Generally, however, when an employee has bargained for a fringe benefit like health or life insurance as additional consideration for employment, "compensation received by the employee under that fringe benefit should not be deducted from damages awarded to the employee as a result of the employer's negligence." [Davis v. Odeco, Inc., 18 F.3d 1237, 1244] Id. at 304. Applying Davis, the Fifth Circuit reasoned that the Johnson plan's exclusive coverage of non-work related injuries was the dispositive factor in determining that the plan was a collateral source that could not be set off against Johnson's damage award. Id. X. VESSEL STATUS A. Cain v. Transocean Offshore, USA, Inc., 518 F.3d 295 (5th Cir. 2008). In Cain v. Transocean Offshore, USA, Inc., the Fifth Circuit addressed whether the United States Supreme Court's decision in Stewart v. Dutra Constr. Co., 543 U.S. 481 (2005), overruled the 15 longstanding Fifth Circuit precedent that a watercraft under construction is not a "vessel in navigation" for purposes of the Jones Act. On March 1, 2000, Transocean assigned plaintiff Rocky Cain to work as a toolpusher in a Singapore shipyard on the construction of the M/V CAJUN EXPRESS, a fifth-generation semi- submersible mobile offshore drilling rig designed to drill for oil and gas. Cain was expected to continue working on the CAJUN EXPRESS or a sister rig after the M/V CAJUN EXPRESS was completed. In the first half of 2000, the CAJUN EXPRESS underwent sea trials with respect to the operational readiness of its power generation and navigation systems, and with respect to test its watertightness. With tugboat assistance, the CAJUN EXPRESS was then towed with men and equipment aboard to Grand Isle, Louisiana. Construction continued—and plaintiff continued to work—during the voyage to Louisiana. Upon arrival to the Gulf of Mexico, the CAJUN EXPRESS was moored in a "floating shipyard" for completion of construction. Cain, 518 F.3d at 296-97. The rig was capable of self-propulsion, but was not capable of operating as a semi- submersible drilling rig. The necessary construction still included installation of vital pipe-handling equipment and materials needed for increased buoyancy. Transocean's engineer testified that at that time, "no drilling contractor would have found the CAJUN EXPRESS fit for the purpose of drilling a deepwater well in the Gulf of Mexico." On September 10, 2000, Cain was injured while working on board the CAJUN EXPRESS. At the time of Cain's incident, drilling systems had not been commissioned, nor had the necessary buoyancy systems been installed. Subsequent to his incident, Cain was evaluated by a neurosurgeon, who recommended that Cain undergo physical therapy. Cain received physical therapy and continued to work aboard the CAJUN EXPRESS. In April or May 2001, the CAJUN EXPRESS was finally completed and began drilling operations in the Gulf of Mexico. Id. at 297. Cain continued to work as a toolpusher on the CAJUN EXPRESS but was subsequently diagnosed with a herniated disc. In September 2001, he discontinued work to undergo a cervical discectomy and fusion. Cain returned to work in December 2001, but was assigned to land-based employment. Id. at 297-298. Cain filed suit against Transocean for Jones Act negligence and the alleged unseaworthiness of the CAJUN EXPRESS. Transocean moved for summary judgment on the grounds that the CAJUN EXPRESS was not a "vessel in navigation" at the time of Cain's incident, and thus that Cain was not a Jones Act seaman. The district court denied Transocean's motion, concluding that the Supreme Court's decision in Stewart had overruled Fifth Circuit precedent concerning the non- vessel status of watercraft under construction. The district court held that the CAJUN EXPRESS was a vessel at the time of Cain's injury because under Stewart it was capable of transporting workers and equipment over water. Id. at 298. Transocean appealed the district court's order denying summary judgment. On appeal, the Fifth Circuit addressed the "continued viability of our longstanding precedent holding that a watercraft under construction is not a 'vessel in navigation' for purposes of the Jones Act." Cain, 518 F.3d at 296. In reversing the trial court's ruling denying summary judgment, the Fifth Circuit held that the Supreme Court's decision in Stewart, supra, has not overruled longstanding Fifth Circuit precedent that a watercraft under construction is not a "vessel in navigation;" in essence, Stewart did not concern or address the point at which a vessel-to-be actually becomes a vessel. 16 We therefore hold that Stewart does not require us to modify our precedent regarding the vessel status of incomplete watercraft. As such, the CAJUN EXPRESS was not a "vessel in navigation," and Cain was not a Jones Act seaman. Cain was thus not entitled to relief under the Jones Act for his September 10, 2000, injury. Cain, 518 F.3d at 303. Indeed, the Fifth Circuit seemed to suggest that Stewart, supra, is not controlling in cases involving vessels under construction. In short, although Stewart instructs that the "in navigation" requirement "is relevant to whether the craft is 'used, or capable of being used' for maritime transportation," 543 U.S. at 496, 125 S.Ct. 1118, that instruction does not consider in the first instance when a vessel-to-be becomes a vessel. We view that issue as a separate question from whether an unconventional watercraft is a vessel. Cain, 518 F.3d at 303. On the issue of whether the M/V CAJUN EXPRESS was in fact a vessel in navigation the Fifth Circuit held to the contrary. The Court held that the CAJUN EXPRESS was a watercraft under construction; thus, under established Fifth Circuit precedent, the CAJUN EXPRESS was not a vessel in navigation and Cain was not a Jones Act seaman. Notwithstanding that the M/V CAJUN EXPRESS was capable of self-propulsion, the rig was still under construction in a floating shipyard, lacked vital equipment to make it fully operational as a gas and oil drilling rig, and had not been certified as operational by the Coast Guard. The Court seemed to lend particular weight to the testimony of Transocean's engineer, who testified that no drilling contractor would have found the CAJUN EXPRESS fit to drill a deepwater well in the Gulf of Mexico. Rather, the CAJUN EXPRESS was not finally completed and placed into service until after Cain was injured. Id. at 299. That the CAJUN EXPRESS lacked Coast Guard certification was not dispositive, however; the Court cautioned that "[w]e do not hold that a watercraft that has not been certified by the Coast Guard can never be considered a vessel…We note only that the absence of certification when legally required should inform the evaluation of a structure's capability for transportation." Id. at 303. XI. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT A. McLaurin v. Noble Drilling (U.S.), Inc., 529 F.3d 285 (5th Cir. 2008). In McLaurin v. Noble Drilling (U.S.), Inc., a decision that has been subject to criticism, a shipyard worker brought a personal injury claim against a vessel owner alleging negligence under state law, general maritime law, and the Longshore and Harbor Workers' Compensation Act ("LHWCA"). The United States District Court for the Southern District of Mississippi granted summary judgment in favor of the owner, finding that in order to state a cause of action under Section 5(b) of the LHWCA, the plaintiff "must show that the tort occurred on or in navigable waters, bringing it within the Court's admiralty jurisdiction. An injury which occurs on land rather than on or in navigable waters does not constitute a cognizable negligence claim under § 905(b)." No. 1:05CV463, 2007 WL 1062946, at *1 (S.D. Miss. 2007) (citing May v. Transworld Drilling Co., 786 F.2d 1261, 1265 (5th Cir.), cert. denied, 479 U.S. 854 (1986); Richendollar v. Diamond M Drilling Co., 819 F.2d 124, 125-26 (5th Cir.), cert. denied, 484 U.S. 944 (1987)). The district court further held that the 17 state-law negligence action was preempted by Section 5(b). The plaintiff was not injured on navigable waters; therefore, the case was dismissed. Id. at *2. On appeal, the Fifth Circuit reversed. Writing for the court, Judge Edith Brown Clement held that Section 5(b) does not preempt a claim under state law when the injury occurs outside of admiralty jurisdiction: [T]he McLaurins did not allege a claim against Noble Drilling specifically under § 933, but they did allege negligence claims under state law in their Complaint. If a maritime worker recovers against a vessel under § 905(b), then he may not also sue the vessel in tort. The McLaurins cannot recover from Noble Drilling as a vessel owner because they cannot state a cognizable claim for vessel negligence under § 905(b), so the language of § 905(b) does not preempt their state-law claim against Noble Drilling as a third-party tortfeasor. The plain language of [28 U.S.C.] § 933 clearly contemplates and preserves a maritime worker's ability to pursue separate claims against third parties, including vessel owners allegedly responsible for the injury. Id. at 292-93 (footnote omitted). XII. UBBERIMAE FIDEI Although not from the Fifth Circuit, two cases from the Ninth Circuit have furthered the distance from the Fifth Circuit's statement in Albany Ins. Co. v. Anh Thi Kieu, 927 F.2d 882, (5th Cir. 1992), that the doctrine of utmost good faith, uberrimae fidei, is "entrenched no more[.]" In New Hampshire Ins. Co. v. C'Est Moi, Inc., 519 F.3d 937, 938 (9th Cir. 2008), the court noted that uberrimae fidei, "the doctrine that's on everyone's lips," "is a well-entrenched doctrine that protects not merely the insurer but also the integrity of the risk pool." The C'Est Moi court held that the insurer could rescind an insurance policy covering a yacht because the insured's application for insurance (1) misrepresented the yacht's purchase price and (2) misrepresented the yacht's present insurer. Id. at 939. In Certain Underwriters at Lloyd's v. Inlet Fisheries, Inc., 518 F.3d 645 (9th Cir. 2008), the Ninth Circuit held that vessel pollution policies are marine insurance policies to which uberrimae fidei applies. Id. at 654-55. In Inlet Fisheries, the defendant's vessel pollution policy was cancelled, and the defendant sought coverage from the plaintiff without disclosing the condition of defendant's vessels, the defendant's financial history, or the reason for cancellation of the previous policy. Id. at 648. Moreover, in response to the insurer's request for "pollution loss history," the defendant wrote that there had been "none," although a vessel which had been owned by the defendant, the MAREN I, had hit a sandbar and sunk with three thousand gallons of diesel on board. Id. at 647. On these facts, the Ninth Circuit held that the plaintiff insurer was justified in voiding the pollution policy due to the defendant's failure to disclose material facts about its loss history. Id. at 655-56. 18
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Bryan Adams' Hit-Heavy Fox Show
By Jeremy Essig
Lightning Bolt's Sharp New Sound
By Jason Robinson
Fleetwood Mac Back with Classic Lineup
By Hans Morgenstern
Here's Who's Making STL Noisy This Spring
By Joseph Hess
Beatles Sister Louise Harrison Departs the Midwest
By Peter Gilstrap
By Julia Burch
Working Class Dogs to Honor Rick Springfield
By Jeremy Essig
Torche Gets Back Into Its Heavy Groove With Restarter
By Nathan Smith
Mellowness might be anathema to Louisville's Coliseum, judging by its reckless velocity and nihilistic harangues. "My lungs are filled with fumes...There's no air in this city/I need something pure," sings Ryan Patterson on 2004's "This Mind Locked Inside This Body." The band's anti-authority lyrics and relentless backbeat qualify it as punk enough to open for Rancid (at Pop's this June), and it occasionally unleashes the sort of reverberating sludge riffs that make metal stoners swoon. But Coliseum is essentially a hard-rock band, with Patterson conjuring Motörhead (with his Lemmy-like death-wheeze vocals) and Mötley Crüe (with his sleazy/flashy Mick Mars-style solos).
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Photography News
ePHOTOzine brings you a daily round up of all the latest photography news including camera news, exhibitions, events, special offers, industry news, digital photography news, announcements and launches.
Nikon Coolpix 4300 announced
Styled on the Coolpix 885, which continues in the range, the Coolpix 4300 offers improved resolution with 4.0 effective megapixels and 3x optical zoom with a focal range from 38-114mm (35mm equivalent).
- 4 Sep 2002
- Nikon
HTC One Camera Phone With UltraPixel Announced
HTC has announced a new smartphone with a camera designed for optimum image quality with an UltraPixel sensor.
- 22 Feb 2013
Photographer Clicks His Way To Top Honour
A clever photo of a family inside small boxes has helped a Nottingham photographer pick up his first national award.
- 29 Jun 2011
- 3 Comments
Nikon Launch Interchangeable Lens Cameras
Nikon today introduces Nikon 1, a revolutionary digital camera system built from scratch to offer still image and movie recording without compromise.
- 21 Sep 2011
- Nikon
- 31 Comments
- From £149.00
Corel Announces Corel PaintShop Pro X4
Corel add 75 new features to the latest version of their PaintShop Pro software.
- 7 Sep 2011
- Corel UK Limited
- 6 Comments
Sony Introduce Four New Cyber-Shot Cameras
Sony introduce a series of small cameras which they say will give a 'big performance'.
- 12 Jan 2012
Sony Lens Roadmap 2015 Plus New FE Lenses
Sony has shown a future lens roadmap at Photokina 2014, including details on four new FE Full-frame lenses.
- 15 Sep 2014
- Sony Corporation
ePHOTOzine Reviews All Panasonic Lumix G Lenses
ePHOTOzine has now published reviews of all Panasonic Lumix G lenses for the Micro Four Thirds camera system.
- 4 Nov 2014
- ePHOTOzine
Jessops announce hit list
Following Jessops' plans to axe 81 of its shops as announced last Thursday, the photographic retail giant have unveiled exactly which stores it plans to close down.
- 25 Jun 2007
- 19 Comments
Lee Filters exclusive
Lee Filters holder for Nikon's 14-24mm f/2.8 wide-angle lens
- 9 Nov 2009
- 3 Comments
Canon Launch Three New PIXMA Printers
Canon have launched three design focused PIXMA printers, the iP7250, the MG5450 and the MG6350.
- 17 Sep 2012
- 2 Comments
Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6G ED II lens
Nikon AF-S DX Zoom-Nikkor 18-55mm f/3.5-5.6G ED II lens has been specially developed to provide a compact DX lens equipped with Nikon's compact SWM (Silent Wave Motor).
- 16 Nov 2006
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Free Filter & Lens Effect Mac App For ePHOTOzine Members
ePHOTOzine members can currently download a free copy of Macphun's Focus app.
- 1 Jul 2015
- Macphun
Lastolite Hotrod Octa And Strip Box Grids
Manfrotto Lighting announce the release of the Lastolite Hotrod Octa and Strip Box Grids.
- 27 Mar 2013
MindShift Gear And Think Tank Competition Winners Announced
Find out which 6 lucky ePHOTOzine members got their hands on a Think Tank or MindShift Gear bag in June's competition.
- 6 Jul 2015
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Sony get sensitive
Sony develop back-illuminated CMOS image sensor with twice the sensitivity of previous models meaning less noise in high ISO images.
- 26 Jun 2008
- Sony Corporation
Geisha Image Wins Photo Of The Week
This week's Photo of the Week accolade has been awarded to a beautiful Geisha portrait.
- 6 Jul 2015
New Benro Gimbal Heads
Benro have four new Gimbal heads for you to take a look at.
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Epson EMP-750 and EMP-755 projectors introduced
New introductions strengthen Epson's line-up in the XGA ultra-portable projector market.
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Latest version of Corel's DRAW Graphics Suite has been released today.
- 20 Mar 2012
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1921 - 2005
In the early morning of February 12th Hans Dieckmann died in Berlin at the age of 83. Most of us will recall him as President of the German Association for Analytical Psychology DGAP 1971 - 1980 and as President of the International Association for Analytical Psychology IAAP 1983 - 1989.
Hans Dieckmann received his training in Berlin and Zürich and became one of the most influential Jungian Analysts of his time. He appeared as the founder of several Instituts and member groups of the IAAP around the world. The publications carrying his authorship are numerous and widely spread. He was among the first to give enhanced consideration to fairytales under a Jungian perspective. Dreams, mythology the structure of complexes as well as ecological and political issues belonged to his favorite themes. Hans Dieckmann understood his rich work as well as his personal life as being grounded in the Archetypal Structure of the unus mundus on one hand and in its constellations in the actual world on the other. The IAAP Berlin Congress 1986 'The Archetype of the Shadow in a split World' became a central event in his life. Among his many activities his engagement for the IPPNW - International Physicians against Nuclear War - has to be mentioned in this context.
Hans Dieckmann was blessed with a close loving relationship to his wife Ute, who died three years ago. Ute Dieckmann, Training Analyst at the Berlin C.G. Jung-Institute, had been around him, shaped his writings, gave birth to their four children and became a mother of our institute and of the DGAP. Hannes missed her a lot and finally agreed to follow her. He died in peace from internal diseases - and his age, thankful for a rich life.
The funeral will take place at February 23rd in Berlin-Dahlem, Waldfriedhof.
Jörg Rasche, MD
President of DGAP
For a full oversight and more detailed information on Conferences and Congresses please visit the "CONGRESSES AND CONFERENCES" drop down.
Please visit the other drop downs to read about ANALYTICAL PSYCHOLOGY, about the IAAP, and see the latest news.
Fourth Joint Conference of the IAAP and the IAJS
9 to 12 July, 2015
Yale University
New Haven, Connecticut
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click here to download the workshop descriptions
5 August to 10 August, 2015
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Thursday 27 August 2015 – Sunday 30 August 2015
Encounters, Traditions, Developments:
Analysis at the Cultural Crossroads
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September 24-27, 2015
Hotel Santa Fe,
Santa Fe, New Mexico
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October 21--23, 2015
People's Republic of China
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International Association for
Analytical Psychology with the Associazione Italiana di Psicologia Analitica (AIPA), the Associazione per la Ricerca in Psicologia Analitica (ARPA) and the Centro Italiano di Psicologia Analitica (CIPA) in cooperation with The University of Rome 3
December 4th 5th and 6th, Rome
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Journal of Biosciences
Published by the Indian Academy of Sciences
Published by the Indian Academy of Sciences, the Journal of Biosciences covers all areas of Biology and is India's premier journal within its scope. It is indexed in Current Contents and other standard Biological and Medical databases.
The Journal of Biosciences began in 1934 as the Proceedings of the Indian Academy of Sciences (Section B). In 1978 it split into Proceedings-Animal Sciences, Proceedings-Plant Sciences and Proceedings-Experimental Biology. Proceedings-Experimental Biology was renamed Journal of Biosciences in 1979; in 1991, it merged with Proceedings-Animal Sciences and Proceedings-Plant Sciences.
Articles span a broad range of relevant topics, including, for example, protein classification by surface comparisons; the contribution of bioinformatics to genome and genomics research, and mathematical modelling of spatio-temporal interactions within the cell.
- 40 Volumes
- 178 Issues
- 2,777 Articles
- 5 Open Access
- 1979 - 2015 Available between
Latest Articles
Strain- and context-based 50 kHz ultrasonic vocalizations and anxiety behaviour in the Wistar-Kyoto rat
Rashmi Madhava Rao, Monika Sadananda (July 2015)
Microirradiation techniques in radiobiological research
Guido A Drexler, Miguel J Ruiz-Gómez (June 2015)
Potential gene regulatory role for cyclin D3 in muscle cells
Fathima Athar, Veena K Parnaik (June 2015)
- Journal Title
- Journal of Biosciences
- Coverage
- Volume 1 / 1979 - Volume 40 / 2015
- Print ISSN
- 0250-5991
- Online ISSN
- 0973-7138
- Publisher
- Springer India
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New aluminium battery charges phone in just one minute
James Walker
Scientists have created a new battery that is capable of fully charging a smartphone in just one minute. Made of aluminium, it could replace today's lithium models in the future and is billed as being much safer too.
Nintendo has a new plan: Mobile games and new consoles
James Walker
During a press conference today, Nintendo revealed that it is finally going to enter the mobile gaming market in partnership with DeNA, releasing games featuring Nintendo characters to smartphones. A new console, "Project NX", is also in the works.
Watch out Siri: Microsoft Cortana comes to iOS, Android this year
James Walker
Microsoft is going to bring its Cortana voice-controlled digital assistant in an enhanced form to iPhones and Android devices later this year after the launch of Windows 10, directly competing with Siri and Google Now already included on the platforms.
Samsung receives over 20 million pre-orders for new flagships
James Walker
Tech giant Samsung has received pre-order requests numbering in excess of 20 million for its new flagship Android smartphones unveiled just a week ago in Barcelona at Mobile World Congress.
Wirelessly charge your phone on your desk with new IKEA furniture
James Walker
The Swedish furniture giant Ikea has announced that it is launching a new range of household furniture items with wireless charging functionality built in, making it easy to add power to your devices.
Researchers achieve 1Tb/sec 5G speeds in lab
James Walker
Researchers developing the 5G mobile network technology that will eventually replace 4G have managed to transfer data at a massive 1 Tb/sec in experimental lab conditions, blowing away previous estimates of the potential speed of our future mobiles.
TV ad for 'world's thinnest phone' banned for objectifying women
James Walker
The UK Advertising Standards Authority has ruled that a TV advert for the "world's thinnest phone" should be banned for objectifying women owing to its strong usage of sexually suggestive scenes.
Lebara Mobile creates Lebara Talk app for the migrant community
James Walker
European mobile network Lebara is beginning to expand its reach into other regions with the launch of a new free voice and messaging app, Lebara Talk, in its quest to become a "digital hub" for separated families.
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Jim Belosic
The front of the B-52D Stratofortress.
Michael Bearak
Damages caused by tornado's that ripped through Mobile, AL on Christmas Day 2012.
Derrick Rose/Twitter
Damages caused by tornado's that ripped through Mobile, AL on Christmas Day 2012.
Derrick Rose/Twitter
A statue of a Vietnam Vet. reading the list of those who did not return from the Vietname war.
Michael Bearak
Mobile Social Gaming Panel at #EMC12
Stephanie Grayson
Located just off of the Mobile Bay, in Mobile Alabama is the USS Alabama Battleship Park.
Michael Bearak
Millennials panel at Emerging Media Convergence 2012
Stephanie Grayson
At the Vietnam Memorial is a wall of the names of the men and women who died while serving in Vietnam.
Michael Bearak
Royal Cactus' Jelly Glutton now available on iTunes
Image Courtesy of Royal Cactus
Royal Cactus announces launch of Jelly Glutton on iTunes.
Image Courtesy of Royal Cactus
Hosts Persia Tatar of the Social Media Society and Dan Wittmers of the Mobile Leaders Alliance welcome attendees and speakers to the Emerging Media Convergence conference September 12 in New York.
Stephanie Grayson
Huawei unveiled at the Mobile World Conference in Barcelona new watches: Huawei Watch, TalkBand B2, and TalkBand N1.
Michael Bearak
A propeller from the USS Alabama Battleship on display on the park grounds.
Michael Bearak
A new battle is brewing over privacy for mobile devices, after moves by Google and Apple to toughen the encryption of their mobile devices sparked complaints from law enforcement
Lluis Gene, AFP/File
Located just off of the Mobile Bay, in Mobile Alabama is the USS Alabama Battleship Park.
Michael Bearak
File photo: A Multi-Channel Content Marketing event, New York City
Michael Krebs
Using Twitter on a smartphone
Via Flickr user mdgovpics
The cannons are still in perfect condition with their tourets.
Michael Bearak
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The Message audio Bible is now available on Bible Gateway! Click to learn more.
6:2 Ono. Ono was in the northwestern corner of Judah, as far from the safety of Jerusalem as is possible without leaving the country.
to do me harm. A vague phrase, perhaps referring to murder (v. 10) or to a later allegation that Nehemiah's trip to Ono was to enlist others in revolt against Persia (v. 6).


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James Wenzel takes the win!
Sonoma Raceway, formerly Sears Point Raceway and Infineon Raceway is a 2.52-mile road course and drag strip located on the landform known as Sears Point in the southern Sonoma Mountains in Sonoma, California, USA. The road course features 12 turns on a hilly course with 160 feet (49 m) of total elevation change. It is host to one of only two NASCAR Sprint Cup Series races each year.
This past Sunday June 28, 2015 the PRN drivers took to the track after a week off. 30 drivers lined up double file for the start with Bentley Glaser on pole and Pat McWorther to his outside.
150 miles race had 4 leaders exchanging the lead some 5 times. Pat would lead the most laps but no cautions would mean green flag pits, and fuel strategies. Other leaders would include Bentley, Chuck Sweeting, and the eventual winner James Wenzel.
One heck of a race! The racing was intense throughout the field. Strategies were all over the place some saving and others trying to make it on fast times. In the end it would be Pat putting a wheel off and in his spin Chuck would slam into it, both would end up in the pits. James would take over the lead.
James would take his first Cup series win of 2015. George who only pitted once would hold off Bentley for a 2nd place. Bentley would manage 3rd, Sam also on a 1 stop stategy 4th, Ned Adams 5th, Mark Montenieri 6th, Tim Phillips 7th, Jake 8th, Jeff Hollingsworth 9th, and Fred rounding out the top 10.
Congratulations to James on the win!
Next week the Cup drivers are off to Daytona. Many teams will be working on their setups in hopes of pulling off the victory! Can't wait to see how that turns out, but so far this year, the action has been awesome!
All the action and past broadcasts by SRN are now in our videos library. Check it and others out just click on our video tab!
Charles also picks up the Clean driver award! Dont forget, almost 300$ in awards up for grabs at years end from Clicking With Canines Clean Race Award.
Come do some laps to qualify for our top three NASCAR series, or to join us just click email@example.com
Help us to build a fantastic 2015 season at the PRN. Make donations via the donate tab, we depend on it!
Our schedules follow those of NASCAR.com as best we can.
Jesse Kaplan wins his 1st!Class B at Richmond!
Saturday April 25, 2015 race No. 8 of 33 had 24 drivers / members take the green at Richmond International Raceway. Jesse takes pole and would lead the most laps on way to his first PRN win in a very dominant run. 7 lead changes among 4 leaders and only 9 caution flags for 44 laps, meant a few long runs but with Jesse coming out on top for his first win of 2015. Chuck Sweeting 2nd, Kevin 3rd, Wayne Grasse 4th, and Tommy Harris rounding out the top 5.
Chuck Sweeting still holds a points lead of 11 over Jeff Hollingsworth.
Next up will be Talladega May 2, 2015.
Tom McAlister's 1st win!Atlanta 175 Trucks!
Jeff Hollingsworth would lead the field to green. He would lead 1 lap of the event. The show would be Craig White's leading for 88 of the 114 laps. Only 1 caution flag for 4 laps, and a long green flag run would make this a fuel stratagy race. Craig would lead the most laps, but had to pit for fuel. Tom McAlister would pull off his first victory in the PRN. Pat McWhorter 2nd, Wes Hurd Jr 3rd, James 4th, and Kevin rounding out the top 5. Incredible race right to the checkers with 12 trucks finishing on the lead lap. Next up Matinsville March 27, 2015.
Please donate via the Donate link so we can continue to host the best racing online!
Ned wins ARCA starter!ARCA Super Speedway Series!
Craig White takes pole at Daytona, but would lead only 3 laps. Roderick Norman would lead the most laps of the 8 leaders. Ned would take the lead with 7 laps to go, and hold on for the first win of 2015. Andrew Lutz 2nd, Pat McWhorter 3rd, Jeffrey Bratten 4th, and rounding out the top 5 was Roderick! Nice start to 2015, next up Auto Club Speedway next Thursday March 5, 2015!
NOTE: Our top 3 NASCAR series are run through the iRacing league page. Members only!
We are on Facebook, click the "facebook" link below and "LIKE" the PRN! Join us on iRacing.com for some real clean hardcore racing.
Racing at its best!
2015 PRN All Star RacePRN All Stars Race at Charlotte
Wow! Over 200$ in cash prizes and awards! 32 drivers would take the green flag for the 2015 PRN All Star race at Charlotte Motor Speedway. Jesse Kaplan with Chuck Sweeting outside row one would lead the field off turn 4 for the start. Jesse would lead 13 laps before having troubles and bowing out. Chuck would pick up the lead and claim the segment 1 win.
Chuck would have a problem in segment 2 and also bow out. Jeff Hollingsworth, Jason, Craig, Brian and Marc would lead laps in the final 2 segments but Jeff would lead the most laps pick up the win in segment 2 and the final segment for the overall win in 2015!
Here is the breakdown of awards for the all star race.
Jeff Hollingsworth winner 50$
George Gaulin 2nd 30$
Jason Moon 3rd 20$
Craig White 4th 15$
Brian Bennett 5th 10$
Wayne Grasse 6th 5$
Marc Mousseau 7th 5$
Jeffery Smith 8th 5$
Sam Karpouzos 9th 5$
Jake Champion 10th 5$
Chuck Sweeting 1st segment winner 10$
Jeff Hollingsworth 2nd segment winner 10$
Special Awards
Wayne Grasse 17 place on lap 17 wins 17$
Marc Mousseau the lowest place finishing car with 0 incidents 13$
PRN TOP TIER ROAD COURSE SERIES Tudor HPD
June 15, 2015
Our Tudor HPD series opener had Phillip Breault on pole, Pat to his outside. Phillip would lead all 31 laps on way to the win. Michael Adams 2nd, Tim Phillips 3rd, Ned 4th, and Brad Walsh making his debut rounding out the top 5. Congrats on the win! Next up Sebring International Raceway in 2 weeks.
PRN 2nd TIER ROAD COURSE SERIES Daytona Prototype
June 15, 2015
Our Daytona Prototypes race went off without a hitch. Pat would start 1st but defending series champ Ned Adams from 2nd would get a great start and lead all 17 laps on way to the win! Pat would come home 2nd, Michael Blake 3rd, Fred 4th, and Tom rounding out the top 5. Next up Sebring International Raceway.
Jan 10, 2015
In 2015 our Super Late Model series will run fixed setups no cautions for 30 minute open qualify with a 30 minute race. These races will follow the Tour Modified series on the same track. We hope to have a fairly large feild of drivers to compete for the title. These series are open to all who qualify!
Jan 10, 2015
In 2015 our Tour Modified series will run fixed setups no cautions for 30 minute open qualify with a 30 minute race. These races will preceed the Super Late Model series on the same track. We hope to have a fairly large feild of drivers to compete for the title. These series are open to all who qualify!
Sunday Nights
7:30pm CST, 8:30pm EST
Saturday Nights
8pm CST, 9pm EST
Friday Nights
8pm CST, 9pm EST
Thursday Nights
8pm CST, 9pm EST
Thursday Nights
8pm CST, 9pm EST
Thursday Nights
7pm CST, 8pm EST
Monday Nights
8pm CST, 9pm EST
Monday Nights
7pm CST, 8pm EST
Race #16 - Class A Cup Series
Sonoma (75 LAPS)
Race #13 - Class B xfinity Series
Michigan (100 LAPS)
Race #8 - Class C Truck Series
Gateway (140 LAPS)
Race #9 - ARCA Super Speedway
Daytona (60 LAPS)
Race #1 - Super Late Model
Track (30 minutes)
Race #1 - Modified Tour
Track (30 minutes)
Race #1 - Tudor HPD RC
Daytona RC (50 minutes)
Race #1 - Daytona Prototype RC
Daytona RC (30 minutes)


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Posts filtered on Category
Astros to host Mexican baseball team for exhibition games
The Astros and Veracruz Red Eagles of the Mexican Baseball League will play two exhibition games at Minute Maid Park on March 29-30, the teams announced Saturday. The games will be the first for Rojos de Aguila de Veracruz against an MLB team in an MLB stadium and the first time the Astros have hosted […] [Read More]
Mariano Rivera will not play in Houston
Yankees reliever Mariano Rivera, who will be honored prior to the Astros' season finale today, said Saturday he would not pitch or play centerfield in New York's final two games at Minute Maid Park. "I'm done, guys. I'm done," Rivera said prior to Saturday's game. "I gave everything that I had when I was playing […] [Read More]
Rivera pays respects to Astros' stadium staff
On the afternoon before the Astros and their fans honor Yankees pitcher Mariano Rivera, Rivera spent a half-hour Saturday with 18 Astros employees fans to thank them for their contributions to baseball. Rivera has met with similar groups in 21 ballparks this season, with his Saturday session being the last as he prepares to wrap […] [Read More]
Yankees send Astros to 13th straight loss as Pettitte is honored
Box score Another day. Another loss. Another Astros record for futility. Playing before a pro-Yankees crowd at Minute Maid Park on Friday night, the Astros lost 3-2 to set a franchise record 13-game losing streak. "I wouldn't say Groundhog Day, because every day here is different," Brandon Barnes said. "The game is different every day, […] [Read More]
Andy Pettitte's final start to be Saturday vs. Astros
The Yankees announced today that Andy Pettitte's final start would be Saturday against the Astros. Pettitte, the former Yankee and Astro, announced his retirement plans earlier this month. He will be facing Paul Clemens, who is 4-6 with a 5.69 ERA. Pettitte played at Deer Park and San Jacinto before being being drafted by the […] [Read More]
Video: Woman steals ball from child at Minute Maid Park
The Astros play isn't the only thing that will make you cringe at Minute Maid Park. [Read More]
An early look at the top college pitching prospects of 2014 draft
The Astros have already guaranteed another No. 1 draft pick. The next MLB draft isn't until 2014 it's never too early to start getting acquainted with players who could help turn around the franchise. Can't-miss pitching prospect Mark Appel was the top pick in 2013, so here is an early look at some of the […] [Read More]
Final pitch: Barnes has 100 percent faith team will turn it around; Keuchel laments 5-run fourth
Despite the 108 losses, Brandon Barnes, one of the Astros' top clubhouse leaders this year, has faith that the club will turn it around. "One hundred percent," he said. "I believe in the guys in the clubhouse. There's going to be some guys that are coming up that are all capable of doing the job. […] [Read More]
Rangers send Astros to record 108th loss
Box score ARLINGTON – It wasn't quite the 1962 Mets, but the stigma will stick forever. Bo Porter knows that. Brandon Barnes knows it, and so does every member of the 2013 Astros, a team that until further notice will go down as the worst in franchise history. One hundred eight losses. Let that sink […] [Read More]
First pitch: Porter admits Astros must find roster that matches up better vs. Rangers.
Heading into their final game against the Rangers this season, Bo Porter readily admits the Astros must do a better job in the future against the Lone Star State rivals. The Rangers have given the Astros a rude welcome into the American League West, taking a 16-2 record in the lopsided Silver Boot series. "You […] [Read More]
Astros report: Porter refuses to let team pack it in
A day after holding a team meeting to discuss the Astros' recent play, manager Bo Porter was asked Tuesday what message he delivered to his club. "The meeting was more about us finishing the season strong," he said. "I said to them on behalf of myself, the rest of the staff (and) the organization that […] [Read More]
Astros challenge Darvish, Rangers but still lose
Box score ARLINGTON – Unlike two of the previous times the Astros faced the Rangers' Yu Darvish this season, there was no need Tuesday night for embarrassing perfect game or no-hit watches late into the ballgame. Manager Bo Porter had promised his players would be up to the challenge against Darvish, and the Astros definitely […] [Read More]
Lowlights of the Astros' 2013 season
The 2013 campaign has been one to forget. [Read More]
Final pitch: Porter hopes 12-0 loss motivates Astros
With nothing to play for while facing teams fighting for wild-card spots, Bo Porter hopes the Astros use the 12-0 loss against the Rangers as motivation heading into the second game of the series. "This is definitely not the result that we want," Bo Porter said. "Motivation can go both ways. You can get it […] [Read More]
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Books & Music
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TV & Movies
Archive by Date | Archive by Article Title
Biodynamic Producers Benziger and Boulard
Benziger Family Winery was one of the first in the USA to get Biodynamic Certification. The Boulard family has been growing grapes for more than 200 years and now Francis Boulard has converted to Biodynamic farming. Peter F May travels to California and Champagne to visit their vineyards
Biodynamic Producer Johan Reyneke
When Johan Reyneke took over responsibility for his family's vineyards he did something no-one in the country had ever done. Peter F May meets the first biodynamic farmer in South Africa.
What is Biodynamic Wine?
What makes a wine 'biodynamic'? Peter F May looks at a semi-mystical farming practise being adopted by wine growers.
Tasting Terroir in the Loire
Domaine du Closel - Chateau des Vaults is a female run winery in Savennières in the Loire valley, France. Peter F May meets owner-winemaker Vicomtesse Evelyne de Pontbriand and learns why it is not necessary to name the grape variety on a wine label.
Heron Hill Winery - NY
Finger Lakes' Heron Hill winery is going from strength to strength. Peter F May visited its spectacular tasting room and tasted its wine withe owners John and Jo Ingle.
Death at Chateau Bremont - Book Review
Death at the Chateau Bremont, by M. L. Longworth is a mystery set in the south of France, land of good food and wines. Peter F May investigates.
Troglodyte Domaine Filliatreau, Loire
There are troglodytes living along the Loire. Peter F May visits Domaine Filliatreau a winery in caves hollowed out from a cliff
Sancerre's Sauvignon Blanc
Sancerre is a town on the River Loire and the name of a wine region famous for some of France's best Sauvignon Blanc. Peter F May starts his Loire visit in the town of Sancerre and visits winemaker Henri Bourgeois.
Visiting the Loire
The Loire is the third most important wine region in France. Peter F May visited this land of fairy tale castles and many wines.
Storing Wine at Home
You don't need to worry about storing wine at home. Peter F May answers your question on the subject.
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Orange Is the New Black's Matt McGorry Hates What Bennett Did As Much As You Do
Jul 2, 2015 2:19 PM EDT
[Warning: The following contains major spoilers from the third season of Orange Is the New Black.] We've already mourned the loss of Nicky on Orange Is the New Black, but what about Bennett (Matt McGorry)? After two years of forging a sweet romance w… Read more


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The Peerless IWB600-2SB Whiteboard Mount facilitates whiteboard mounting directly over an existing chalkboard or marker board. It's quick and easy to install, simple to adjust and features a hook-on design for single person installation. The wall brackets are depth adjustable and there are vertical and horizontal whiteboard adjustments. It's compatible with various SMART, Marsh, Hitachi, Interwrite and ActiveBoard whiteboards.
- • Depth adjustable wall brackets • Hook-on design for single person installation • Vertical & horizontal whiteboard adjustment • Mounts over the existing marker board / chalkboard • Compatible with 64" SMART Board SB660, 77" SMART Board SB680, 77" Marsh Board PR4050000, 63" Hitachi Starboard DUO, 77" Hitachi Starboard DUO, 77" Hitachi Starboard TRIO, 88" Hitachi Starboard DUO, 77" Interwrite DualBoard 1277, 64" ActivBoard 164, 78" ActivBoard 178, 78" ActivBoard 378 PRO, 87" ActivBoard 387 PRO, 95" ActivBoard 395 PRO


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Critics have already corrected misleading "facts" in the 17-minute homage.
This photograph references Voodoo and is homage to African slaves.
However, many Jewish fashionistas were flattered by the homage and Gaultier's good-natured admiration for the Orthodox aesthetic.
late 13c., from Old French homage (12c., Modern French hommage) "allegiance or respect for one's feudal lord," from homme "man," from Latin homo (genitive hominis) "man" (see homunculus). Figurative sense of "reverence, honor shown" is from late 14c. As a verb, from 1590s (agent noun homager is from c.1400).


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Why do women catch a cold, flu like symptoms or sore throat while in the 2ww
sore throat/flu in the 2ww
Comments (1)
Posted 11/02/2013
When you ovulate your immune system is at its weakest. That is why many women with poor immune systems get yeast infections around ovulation also. The thing with a flu is that you have to catch it from someone.


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Additional information coming soon!... More
Up for sale in our Tampa Showroom is a very iconic pony car the 2008 Ford Mustang GT Bullitt. Made famous from the 1968... More
Up for sale in our Tampa Showroom is the return of the legend the 2007 Shelby GT500 Super Snake. 40 years after its original... More
This 2008 Saleen S302 Extreme has a 302 C.I. Supercharged V8 (620 HP), 6 Speed Manual Transmission, 8.8'' Solid Rear w/ 3.73:1 Ratio, Rockford... More
DESCRIPTION COMING SOON - Air Conditioning, Power Steering, Clock, Tachometer, Tilt Steering Wheel, Driver Airbag, Passenger Airbag, Intermittent Wipers, AM/FM, Vinyl Interior Surface, 12v... More
- Premium model in Torch Red with 2-tone interior - Hardtop and soft top with boot- 249 original miles- One owner car- Purchased new... More
To be sold at the Harrisburg 2015 auction, Harrisburg, PA, -August 1, 2015. To consign a car or to register to bid, visit the... More
- 25 actual miles- Supercharged 5.4/550 HP engine- 6-speed transmission- McIntosh stereo- Red calipers- Red with White racing stripes- BBS wheelsTo be sold at... More
- One owner car- 706 actual miles- Supercharged 5.4/550 HP V-8 engine- 6-speed manual transmission- Gloss Black calipers- Tungsten with rare stripe delete- Forged... More
To be sold at the Monterey 2015 auction, Monterey, CA, August 13-15, 2015. To consign a car or to register to bid, visit the... More
- No. 308 of a build of 3,384- One owner California car- SVT 4.6/320 HP 32 valve DOHC V-8 engine - 5-Speed manual transmission-... More
2001 Mustang Bullitt This Movie car Based on the 2001 Mustang GT is a limited-production Bullitt featuring a 4.6-liter V-8 tweaked for better airflow... More
Photos and Description are coming soon.... More
2007 Saleen Parnelli Jones Mustang This Special Edition Mustang produced by Steve Saleen in conjunction with world famous racing driver Parnelli Jones. In 1970 Parnelli... More
Wow, only 352 original miles. Has a 6-speed manual transmission, chrome wheels, rare Mystic Cobra leather seats and the rare Mystic paint. The 4.6... More


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SQLNorthEast (Newcastle) SQL Server User Group - July 7th 2015
- Science & Technology
- 100, Quayside, Newcastle upon Tyne, England, NE1 3DU
SQL Northeast (Newcastle) SQL Server User Group (SQLNorthEast) - July 22nd 2014
Newcastle SQL Server User Group
Tuesday, 22 July 2014 from 18:00 to 21:00 (BST)
Network, learn, ask a question, meet other folk, get fed - these are all things that happen at user group events. These events are a really great opportunity to socialise in an informal learning experience - if you want your own exposure then come and do a 1 - 5 minute nugget in front of your peers - Optional.
Remember to tell your friends and the people you work with; make sure you register as soon as you can.
5.30pm – 6:00pm Registration and networking
6:00 – 6:15pm Round Table discussion and Nuggets - ALL
6:15pm - 7:15pm - SQLBits debrief with involvement from all
7:15 - 7:40pm - Break
7:40pm – 8:40pm - SQL Server 2014 (Not Hekaton) with David Williams
8:40pm - 9:00pm - Feedback and Close
Finally: Drinks on the Quayside :)
New Features of SQL Server 2014 DB Engine not including Hekaton: Backup Enhancement (Azure, Encryption) Partition Switching and Indexing Managing the lock priority of online operations Columnstore indexes (updatable, Archival data compression) Incremental Statistics Security Enhancements AlwaysOn enhancements Buffer pool extension onto SSDs Resource Governor enhancements for physical IO Improved optimizer with new costings.
About David:
David is a cross product dba (SQL Server,DB2,Oracle,Informix,Sybase) who has worked for 20 years as a DBA for both private,local government and central government customers and now works at a leading investment bank. Certifications include MCSE 2012,MCITP SQL Server 2008 DBA and Developer, MCTS 2008 BI as well as certifcations in other products.
A chance for all SQLBits attendee's to feedback on anything and everything they picked up from what would have been an amazing few days. This session will be an open session and will offer the ability to pass on knowledge picked up as well as learning something new.
Newcastle SQL Server User Group was established in 2013 to bring together the SQL Server Community.
At our regular monthly meeting we host presentations from first timers to internationally renown speakers.
Whether you have only just downloaded SQL Server or a seasoned pro, there will be something for you.
For more information, please visit http://www.sqlne.com
Join millions of people on Eventbrite.
In order to purchase these tickets in installments, you'll need an Eventbrite account. Log in or sign up for a free account to continue.


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- You can show off the full beauty of your tree and display each and every treasured ornament.
- The stand rotates at a slow, steady pace a full 360 degrees and can accommodate poles up to 1.25 inches in diameter.
- An independent on / off switch lets you control the lights (lights not included) and rotation separately.
- It is rated for a maximum of 8 Amps, 960 watts at 120 volts, AC 60Hz.
- A push-to-reset circuit protector helps ensure safety.
- Use up to 2400 lights for 50 or 100 miniature light sets; 1,680 lights for 35 or 70 miniature light sets.
- UL listed.
- 2-year warranty.


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Released; Now Playing Showtimes Buy Tickets
A documentary feature that pointedly confronts the most urgent problem facing America today – its increasingly destructive economic trade relationship with a rapidly rising China. Since China began flooding U.S. markets with illegally subsidized products in 2001, over 50,000 American factories have disappeared, more than 25 million Americans can't find a decent job, and America now owes more than 3 trillion dollars to the world's largest totalitarian nation. Through compelling interviews with voices across the political spectrum, Death by China exposes that the U.S.-China relationship is broken and must be fixed if the world is going to be a place of peace and prosperity. official plot version from deathbychina.com
Related Links
- Internet Movie Database (IMDb)
- Buy Death by China tickets and view showtimes
- Search Death by China on Amazon


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Squash Casserole: 2 tablespoons butter 4 cups sliced yellow squash 1 medium onion, chopped 2 eggs 1 cup grated cheddar cheese 1 cup milk 2 tablespoons butter ¼ teaspoon cayenne pepper ½ teaspoon salt ½ teaspoon ground black pepper 1 sleeve Ritz crackers Bake at 350 for 45 min.


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Hôtel Parc Mazon Biarritz2
13 AVENUE DU MARECHAL JOFFRE, Biarritz, 64200
Price FromView Rooms
Customer Reviews
Our reviews are from genuine LateRooms.com customers. We verify that the customer has stayed before leaving a review.
Very Good
100% would recommend it to a friend
Customer service
Room quality
Friendly and convenient hotel, quite area, close to the excellent food market
We were given a very warm welcome to this cosy hotel in a quiet part of Biarritz close to the food market and only ten minutes walk from the main beach.
The market is surrounded by amazing delis, tapas bars and restaurants. The proprietor was very friendly and helpful and made our stay an easy, comfortable and very enjoyable one. Highly recommended.
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Great central hotel
I was just looking for good value accommodation near the centre of Biarritz and this was great.
Easily walkable to the train station (30mins), coastal views (5mins), main strip (10mins) and beach (15mins).
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Room in Biarritz
This room was just a room with a kitchenette and a bathroom.
It was just big enough for 4 people to sleep in, two being on a sofa bed. There was very little natural light with a tiny inner courtyard for ventilation within the whole building. That said Biarritz is very expensive so this was the only accommodation we could afford for the 2 nights we stayed before moving onto Spain. It was in fact the most expensive of our holiday, even more than a 4 star hotel we stayed in. The family were however, very friendly and very helpful and Biarritz is of course fabulous. It was within walking distance of the beaches and town centre. Good for a one or two nighter but no more.
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