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While the level of health care is generally not high, there are some excellent private medical clinics. The standard of health amongst expatriates is generally reasonably good. The most common experienced minor illnesses are gastro-enteritis and a variety of viral infections.
The hospital service is limited and most expatriates requiring emergency surgery or specialist treatment have this done in Australia. Your health insurance would probably cover the cost of this including, where necessary, the cost of any emergency evacuations.
There are some very good dentists here with but some expatriates prefer to leave their dental work until they are on leave.


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While the effects of changing healthcare policies are not fully known, Saint Joseph Regional Medical Center is already taking action. Because we know that value — the quality of care we provide — is the most important factor. That's why we:
As a result, we will continue to improve outcomes and to advocate for those we serve. We're doing it today. And we'll continue in the months and years ahead, because we're called to be better.
Saint Joseph Health System | 5215 Holy Cross Parkway, Mishawaka, IN 46545 | 574.335.5000

subset: commoncrawl


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Find Funeral Homes, Cremation Services & Cemeteries
Use the form below to tell us what you're looking for and we'll connect you to the best funeral home resources in your area.
Found 3 records | Page 1 of 1
phone: view phone(570) 875-4171
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Ashland, Funeral Home Directory
Ashland, Online Funeral Home and Cremation Directory
Are you in need of a funeral home in Ashland? Or a cremation in the Ashland area? Check out our comprehensive funeral and cremation directory today. Find funeral homes, mortuaries, cremation services and cemetaries in your area


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Jamie Neale, a gap year student from London, survived 12 days in the hostile Australian bush by making blankets out of tree barks on the freezing winter nights, drinking rainwater from leaves and eating seeds and wild plants.
Police Superintendent, Anthony McWhirter says that it was the "greatest tale of survival that we've seen in the mountains."
After being discharged from hospital, the 19-year-old was offered a cash deal for an interview on Australian TV but the money will go to the people who put in the resources to find him.
This will probably quench the rumor that Neale staged his ordeal for the money. According to McWhirter, there was nothing to suggest that the situation was anything but credible.
Jamie thanks everyone involved for their help in his rescue.


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Water Utility Customer Service Manager, Doug Cuny
- New water service or questions about water bill: Call 972-237-8200.
- Water bill pay: 972-237-4545 or pay online with Visa/Mastercard/Check.
- Night and weekend water emergencies, sewer stops and main breaks: Call 972-237-8400.
- Current Water Restrictions in Grand Prairie
- NEW! Water Assistance Program: Sign up for a monthly donation to families who need help paying their water bill.
- Why does the water taste different?


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Yale Club of Chicago Presents DUKE ELLINGTON AT YALE: A MUSICAL TRIBUTE Tonight
Duke Ellington at Yale: A Musical Tribute will be presented by the Yale Club of Chicago with support from the Jazz Institute of Chicago tonight, February 27, with sets at 8pm and 10pm.
Jazz Showcase is located at 806 S. Plymouth Ct, Chicago, Ill., featuring jazz vocalists Ava Logan '81 and Charles Thomas '87 with Miguel de la Cerna, piano, Larry Gray, bass, and Charles Heath, drums.
In 1967, Duke Ellington became the first jazz musician to receive an honorary degree from Yale University, marking the beginning of a special and enduring relationship between one of the most influential jazz musicians of the 20th century and one of the world's most esteemed academic institutions. Ellington returned to Yale numerous times as both performer and honored guest, culminating in a landmark live recording entitled "Yale Concert." Join the Yale Club with support from the Jazz Institute of Chicago as we salute the Duke with music from the "Yale Concert" recording, plus Favorites and rarities from the extensive and beloved Ellington catalogue, including "Take the A-Train," "It Don't Mean a Thing (If It Ain't Got That Swing)," and "Sophisticated Lady."
Headlining "Duke Ellington at Yale" are jazz vocalists Ava Logan '81 and Charles Thomas '87, backed by a powerhouse rhythm section of Chicago's top musicians, including Miguel de la Cerna, piano (Dee Alexander, Oscar Brown, Jr.), Larry Gray, bass (Brandford Marsalis, Kurt Elling), and Charles Heath, drums (Ramsey Lewis, Von Freeman). Don't miss one of the year's most exciting musical events, as we pay tribute to a milestone in the legendary career of Edward Kennedy Ellington '67, Doctor of Music.
Ava Logan's appearances include Starring roles as Ella Fitzgerald and Nancy Wilson with Black Ensemble Theater, and solo jazz appearances in Chicago, LA, Paris, Rome, and Moscow. At Yale, she was a member of Proof of the Pudding, and a founding member of Whim 'n Rhythm, an all-female a cappella group that is the counterpart of the all-male Whiffenpoofs. "Ava Logan offers a fresh breath of old-school glamour, bringing sass and swing to the classic jazz singer's repertoire while retaining the swanky class that this material deserves." - Neal Tesser
Called "an engaging newcomer" by Time Out New York magazine at the occasion of his New York debut, Charles Thomas has performed in jazz clubs, cabarets, and concert halls in the US and in France, and has collaborated with jazz pianists Geri Allen and Amina Claudine Myers, vocalist Jeanne Lee, the iconoclastic dance ensemble Urban Bush Women, and Las Vegas's Desert Angels, accompanying Barbra Streisand. At Yale, he was a member of the Whiffenpoofs, as well as the co-ed a cappella ensemble Redhot & Blue.
Advanced tickets are $15 for members of the Yale Club of Chicago and their guests, and members of the Jazz Institute of Chicago. Tickets for Non-Members and sales at The Door are $20.
About Author
- SAG-AFTRA Convention Continues, George Heller Memorial Awards Presented
- Hugh Jackman, Lady Gaga, and More to Appear on THE TONIGHT SHOW STARRING JIMMY FALLON
- David Leitch to Direct THE COLDEST CITY
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- VH1's Primetime Ratings For Third Quarter Surge Ahead +34% Over Prior Quarter Among Adults 18-49
- Sara Bareilles, Idris Elba, Adam Lambert, and More to Visit LATE NIGHT WITH SETH MEYERS
- KEVIN HART PRESENTS PLASTIC CUP BOYZ to be Released on Comedy Dynamics 10/13
- The First Lady Joins Public Media Effort, American Graduate Day 2015
- Review Roundup: Matt Damon Stars in Action Adventure THE MARTIAN
- Original Motion Picture Score from Acclaimed Film THE MARTIAN Out Today
- Kaley Cuoco & More Attend Opening Day of MASTERS OF LA
- Mika Kaurismaki's THE GIRL KING Available 12/8
- Sony Classical Releases THE WALK Original Motion Picture Soundtrack Today
- Documentary PINK & BLUE: COLORS OF HEREDITARY CANCER Set for Worldwide Theatrical Premiere Tonight
- Warner Bros. Celebrates Release of PAN by Asking Audiences to 'Discover Your Neverland'
- THE DAILY SHOW's Trevor Noah to Participate In Politicon
- As World Preps or Release of SPECTRE, Gillette Celebrates 'Bond Moments' in Every Man's Life
- Innovid and Netflix Win 2015 IAB MIXX Gold Award
- Director Ridley Scott Incorporates GoPro into the Making of THE MARTIAN
- Special Screening of Documentary SIR IVAN: I AM PEACEMAN to Kick Off Transgender Awareness Campaign


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June 12, 2010
Mademoiselle Chambon Lorber Films The Father of My children IFC Films Some situations in film stories are so common that, when a film character enters one of those situations, he must be reminded of a similar moment in a picture he himself has seen. For prime instance, an extramarital affair. When such an affair looms in Mademoiselle Chambon, the viewer can't help feeling that the two people sense they are beginning to repeat a film.


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True to its reputation, Minneapolis is downright frigid and often frozen from November through March. Minneapolis and neighboring St. Paul—which make up the Twin Cities—combine for the coldest average temperature in any city in the country, with lows of 4 degrees and 12 degrees in January and February. The upside is that, due to its location, Minneapolis also receives ample sunshine in the winter, even though you're probably not planning on sunbathing then.
The gloom of the winter months retreats to beautiful regrowth in spring and summer, and although visitors will find slightly higher airfare and hotel prices May through August, the extra bucks are well worth it. Minneapolis is famed for its vast park system, which includes the Grand Rounds National Scenic Byway and its seven districts and 50.1 miles of trails, lakes, and riverfront. The byway is the perfect place for a bike ride or jog in the warm summer months, when temperatures hover in the mid-80s. Minnesota is known as the Land of 10,000 Lakes, and visitors who travel to Minneapolis in the spring and summer will never be too far from good fishing, boating, water-skiing, and swimming.
Minneapolis also features Target Field, home of the Twins and the top-ranked sports stadium in North America, according to ESPN the Magazine. Travelers to the city during baseball season (April through October) would be wise to check it out.


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Ritarihuone Park
The House of Nobility and its little park grace the top end
of Aleksanterinkatu in the Kruununhaka district of town. The
present unicameral Finnish Parliament was preceded by a four-Estate
Diet. The brick building (1862) displaying Gothic influence
was built as a meeting place for the Noble Estate, the Finnish
noble families having consolidated their ranks according to
Sweden's example in 1818. From 1863 onwards the House was
also used by the three non-noble Estates - the Clergy, Burghers
and Peasants - until they moved into a house of their own,
the House of Estates, in 1890. The Diet was replaced by a
unicameral Parliament in 1906.
On the walls of the Ritarihuone banqueting hall are the coats-of-arms
of 358 noble Finnish families, some 150 of which still have
living representatives. The House of Nobility is still occupied
by the knights and nobles of Finland. Parts of it have been
rented out to the National Board of Antiquities and the banqueting
hall is hired out for concerts and exhibitions.


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Master of Teaching (Early Childhood)
The information on this page applies to future students. Current students should refer to their faculty handbooks for course information.
This course leads to a qualification as an early childhood teacher of children aged birth to five years, in pre-primary childcare and early-childhood-education settings. The curriculum integrates training for general- and special-early-childhood education of infants, toddlers and preschool children so that students are prepared for teaching in diverse and inclusive early-childhood environments, including schools and other community settings. Graduates are equipped with the necessary knowledge and training to become outstanding early-childhood teachers, decision-makers, ethical leaders, and theoretical and practical thinkers.
Course outline
Study plan
Year 1
|Semester 1
|EDMT5684 Early Childhood Settings and Communities
|EDMT5685 Development in the Early Years
|EDMT5686 Early Childhood Health and Wellness
|EDMT5687 Language and Communication in Early Childhood
|Semester 2
|EDMT5688 Early Childhood Professional Practice 1
|EDMT5689 Science Topics for Early Childhood
|EDMT5690 Creative Arts in Early Childhood
|EDMT5691 Becoming Mathematical
Year 2
|Semester 1
|EDMT6631 Inclusion and Early Intervention in Early Childhood
|EDMT6632 Early Childhood Leadership
|EDMT6633 Family, Community and Contexts
|EDMT6634 Early Childhood Professional Experience 2
|Semester 2
|EDMT6009 Early Childhood Professional Internship
|EDMT6010 Early Childhood Professional Research Project
Master of Teaching (Early Childhood) students complete 96 credit points (cp). Full-time students enrol in 24cp in each semester. Students normally complete a combination of core education and curriculum and professional units of study and practicum placements. The first three full-time semesters of the Master of Teaching total 72 credit points. Once the 72 credit points have been achieved students undertake extensive work in an early childhood setting from the beginning of their final semester. For further information regarding the course structure, please visit the Faculty of Education and Social Work website.
Further course information
Progression rules
Candidates must successfully complete each unit of study to meet the course requirements and graduate with a teaching qualification. Except with the permission of the Dean, a candidate must complete all unit of study requirements specified for each year, before proceeding to the next year. Candidates must complete a minimum of 72 credit points in Education before completing the Internship and the Action Research Project and Conference in the final semester of the degree.
Capstone experience
Students undertake their internship of at least 40 days (usually 45 days) in an early childhood setting (birth to 5 years) in the second semester in the second year of the program. Internship placements are approved by the Faculty, and each student is assigned to a tertiary mentor. During the internship, students work closely with a qualified cooperating teacher. The cooperating teacher, alongside the university mentor, monitors the intern in her/his work in the early childhood setting and, in discussion with the student and the university mentor, is responsible for writing a report on the internship that forms the basis of the assessment.
Course outcomes and further study
Graduate opportunities
The University of Sydney has an international reputation for excellence. Many of our Master of Teaching students are offered full-time employment before completing their degrees.
Course accreditation
The Master of Teaching - Early Childhood (MTeach) is listed under the Australian Children's Education and Care Quality Authority (ACECQA) approved qualification list. This course is open to students who already have an undergraduate degree.
Further study
The University of Sydney is Australia's premier research University, and the faculty is a world-class research centre in the humanities, human services and related fields. Several higher research degrees are available within the Faculty of Education and Social Work, including Doctor of Philosophy , Doctor of Education , Doctor of Social Work , Master of Philosophy in Education , Master of Philosophy in Social Work , and Master of Education (Research) .
Other study options
The Faculty of Education and Social Work offers a wealth of experience and expertise in the development and delivery of professional development activities. Please visit our webpage to find out about the range of consultancy and customized programs, conferences, colloquial and symposia, and professional learning courses offered by the faculty. The Faculty of Education and Social Work is an endorsed provider of professional development for the maintenance of accreditation.
Admission requirements
Available places will be offered to qualified applicants based on merit. Admission to Master of Teaching – Early Childhood candidature requires: (a) a bachelor's degree in a relevant discipline from the University of Sydney or equivalent qualification; and (b) the completion of any additional qualifying courses prescribed by the faculty. English language requirements must be met where these are not demonstrated by sufficient qualifications taught in English. In exceptional circumstances, the Dean may admit applicants without these qualifications who in the opinion of the faculty have qualifications and evidence of experience and achievement sufficient to successfully undertake the award.
Inherent requirements for programs in early-childhood education
To assist students to make informed choices about their study, the Faculty of Education and Social Work has identified inherent requirements for coursework-award courses in Early Childhood Education. In order to successfully complete such a course, students must possess the qualities and skills listed in the document below.
http://sydney.edu.au/education_social_work/future_students/resources/inherent-requirements/IR-EC-230915.pdf (pdf, 68kB)
How to apply
Domestic students
How to apply
Applications are made directly to the University and assessed by the Faculty. Applications open on Friday, 28 August 2015 (10AM). All applications, including supplementary documentation, must be uploaded and completed by Friday, 30 October 2015 at 4:00 PM. Only completed applications will be assessed. Complete applications received after this time will only be considered if spots are still available.
This program has annual Semester 1 intake only. Applicants are advised to download the supplementary application forms before commencing their online application.
For more information about the application process, please visit the MTeach applications page in the Faculty of Education and Social Work website.
Ancillary expenses
Due to government legislation, students are required to undergo external training in child protection, first aid and anaphylaxis. For additional incidental fees, please refer to the unit of study outlines.
International students
How to apply
Overseas applicants may apply (i) directly to the University. or (ii) through a University overseas representative (education agent). Applicants are advised to download the supplementary application forms before commencing their online application.
For more information about the application process, please visit the MTeach applications page in the Faculty of Education and Social Work website.
Ancillary expenses for international students
Due to government legislation, students are required to undergo external training in child protection, first aid and anaphylaxis. For additional incidental fees, please refer to the unit of study outlines.
Fee disclaimer
Domestic students
Annual review for postgraduate student contribution amount
Importantly, student contribution amounts are subject to annual review by the University, and are likely to increase each year of your period of study (subject to a Commonwealth specified cap), effective at the start of each calendar year.
International students
International tuition fees for postgraduate students
This 2016, tuition fee for international postgraduate students represents the fees that are payable by you in the calendar year you commence your course, commencing in 2016, for a standard annual full time load of 48 credit points (1.0 EFTSL). If your study load is more or less than the 1.0 EFTSL your fee will differ.
Annual review
Importantly, tuition fees are subject to annual review, and are likely to increase each year of your period of study, effective at the start of each calendar year.
Additional incidental fees and health insurance
For some courses there are incidental fees additional to the tuition fees. Some of those fees are significant, for example, faculty-specific materials, tools, protected clothing, and equipment. The University's Future Students' webpage has further information about these additional incidental fees for postgraduate coursework students and postgraduate research students.
In addition to the fees indicated here for the course of study, International Students studying on an Australian Student Visa must have appropriate health insurance for the duration of their studies on a Student Visa through an approved provider of the Overseas Student Health Cover (OSHC) scheme. This is a requirement of the Australian Government, unless otherwise exempted by the Government.
Potential for inaccuracy
Whilst every reasonable effort has been made to include correct and up to date information here, you are also advised to consult directly with the Student Centre for domestic students or the International Office for international students so that they can provide you with specific and up to date information about those fees.


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On June 20, 2012, the "Citizen Demand for Another Cuba" was delivered to the National Assembly of People's Power, calling on the Cuban government to respect the Universal Declaration of Human Rights.
The "Citizen Demand for Another Cuba," signed by hundreds of Cubans on the Island and in the diaspora, demands that the government immediately implement the legal and political guarantees endorsed in the Universal Declaration of Human Rights signed by the Cuban authorities on 28 February 2008 in New York.
This demand was delivered to the headquarters of the National Assembly as written evidence of our attachment to our rights under the Constitution of Cuba and the definitive will to fight for changes that will permit a democratic transition on the island.
This is a legal action recognized by the Constitution, the Universal Declaration of Human Rights Covenants and the Covenants referred to.
In the coming months the campaign "For Another Cuba" [Por Otra Cuba] will be developed through concerts, performances, flyers, etc. We hope that all Cubans with a vocation for democracy will support and help to distribute the text of the demand, the activities of the campaign, and the Universal Declaration of Human Rights.
Original text of the Demand submitted on June 20, 2012 in the Office of Public Affairs of the National Assembly of People's Power.
Citizen Demand for Another Cuba
As Cubans, legitimate children of this land and an essential part of our nation, we feel a deep sorrow at the prolonged crisis that we are experiencing and the demonstrated inability of the current government to make fundamental changes. This obliges us, from civil society, to seek and demand our own solutions.
The miserable incomes, shortages of food and shelter, the massive emigration due to lack of opportunities, the discrimination against those who think differently, the absence of spaces for public debate, the arbitrary arrests and lack of citizen rights, the corruption and the tenure and inability to remove the ruling elite, are some of the symptoms of the difficult reality facing us.
We want to debate publicly the dual currency, immigration restrictions, rights of workers to a living wage, the right of all Cubans, wherever they live, to promote economic initiatives in their own country, the demographic crisis, free access to the Internet and new technologies. We want to discuss the exercise of democracy.
The Constitution of the Republic of Cuba establishes:
In its Article 3: In the Republic of Cuba sovereignty resides in the people from whom all the power of the State originates.
And in its Article 63: Every citizen has the right to direct complaints and petitions to the authorities and to receive the appropriate attention or responses in a timely manner, according to law.
Immediately implement the essential legal guarantees and policies conceived in the Universal Declaration of Human Rights and ratify the United Nations Covenant on Civil and Political Rights and the Covenant on Economic Social and Cultural Rights, signed by the Government of Cuba on February 28, 2008 in New York City. This would ensure full respect for citizens regardless of their ideas or their political-social actions and restore the rights of everyone who, in their opinions, disagrees with the government. We consider these rights essential to the formation of a modern, free and plural Cuba that will receive us all equally and place our sovereignty in a dynamic and increasingly global world.
We are committed to democratic transformation where everyone can contribute their views and contribute to its realization. We invite all Cubans inside and outside the Island who identify with these demands, to join this just and necessary claim. Our expectation of being heard by the government is almost exhausted, yet we have decided to bring the authorities this demand as an urgent recourse to achieve effective understanding. We are determined not to accept institutional silence in response to this demand for the ratification of the agreements mentioned.


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Rumorville: Larchmont Trader Joe's to Expand into Bellizzi Restaurant Space
20 Apr, 2012
By Polly Kreisman
A big Rumorville for you today. We hear the Bellizzi Italian Restaurant is not renewing its lease in the Trader Joe's Shopping Center in Larchmont, and that Trader Joe's will be expanding into the space. (Bellizzi has a second location in Mt. Kisco.)
Calls to Bellizzi owner Ray Catena were not returned, however a Trader Joe's manager confirmed the story, saying the expansion will occur, "eventually."
image: Wikimedia Commons


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Sen. Snowe Stresses Bipartisanship Among Women
Retiring U.S. Senator Olympia Snowe (R-ME) was feted Monday night at a cocktail party cum fundraising dinner hosted by the Women's Campaign Fund, a bipartisan political action committee that supports pro-choice female candidates.
Called a pioneer on Capitol Hill and a champion for a host of women's issues, Snowe was honored for her lifetime's achievement, even as many see her departure as evidence of the ongoing erosion of moderate women voices left in the Republican party.
In most ways it was a typical New York cocktail party: Glasses clinked, the well-dressed shuffled through a crammed space -- in this case the awkward L-shaped photo gallery at Christie's auction house. Cheeks were kissed, hands shook and conversation centered around the so-called Republican War on Women.
Citing the recent spate of legislation from personhood amendments to mandatory ultrasounds, WCF president Sam Bennett tried to bring attention to the event's purpose: Raising money for pro-choice women candidates on both sides of the aisle, "to push back on the frat house lunacy of a male-dominated American political system." But it was hard to be heard over the din, forcing Bennett to repeatedly shush attendees.
The crowd settled down a bit for Mayor Bloomberg who introduced Sen. Snowe, praising her bipartisanship, efforts to work across the aisle, and focus on "the people's business."
"In fact if Congress spent more time following her example and less time in attacks on women's health, it would have a lot more respect and our nation would be a lot better off," said Bloomberg.
He was joined by his girlfriend, Diana Taylor, one of the only other identifiable Republican women in the room. Taylor also criticized the recent debate over women's bodies, "I thought that we were over that discussion as to whether or not family planning was a good thing."
Snowe said it was refreshing to be in New York surrounded by an array of thoughtful, forward-looking, reasonable-minded people, "not that Washington isn't brimming with such individuals these days," she joked.
Staying with a theme of bipartisanship, she said it was vital for women to be elected from both sides of the aisle. When she arrived in the House in 1979, before she was a Senator, Snowe started in the same class as the late Geraldine Ferraro. At that time, she said, "there were too few women, and too many issues unaddressed that affected women to be partisan about the agenda."
She said that was the idea that drove the Congresswoman's caucus on women's issues, which she eventually co-chaired for more than 10 years, and credits with the passage of legislation that mattered to women.
"There was a time in America where child-support enforcement was a woman's problem," said Snowe, continuing with a list of women's issues from health care to pension protection that she and her colleagues successfully changed.
Speaking about the debate over contraceptive coverage, Snowe called it surprising, saying it felt like a retro debate that took place in the 1950's.
"It's sort-of back to the future, isn't it, that in the 21st century that we would be revisiting this issue," said Snowe, who offered praise for the event's other honoree.
"Sandra Fluke should have been commended and not condemned for her courage in expressing her own views and beliefs before members of Congress," said Snowe, referring to the Georgetown Law student's testimony in support of birth control access that made her a lighting rod for Rush Limbaugh.
Snowe said the latest round of attacks should serve as a call to arms for all women candidates and their supporters and as she stepped away from the mic, she offered her advice, "Keep the fight up."


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Always wondered what TFTF or TIL meant in Twitter messages? Wonder no longer. Mashable just created a abbreviation crib sheet for decoding your Twitter timeline.
The National Association of Broadcasters wants young adults to start talking about mental health and launched a PSA campaign and Tumblr blog to start the conversation.
Not only did the world welcome a new member to House of Windsor this week, but our Amy Muscato noted that the world of royal protocol birthed a new tradition as well – tweeting the Prince of Cambridge's arrival.
If you can make your information mobile-friendly, you should. Here's a handy infographic to help you choose to create a mobile app, mobile Web site or both.


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Monday, March 31, 2014
More on the Fairness of Contractual Penalties
More on the Fairness of Contractual Penalties
By Myanna Dellinger
In my March 3 blog post, I described how the Ninth Circuit Court of Appeals just held that contractual liquidated damages clauses in the form of late and overlimit fees on credit cards do not violate due process law. A new California appellate case addresses a related issue, namely whether the breach of a loan settlement agreement calling for the repayment of the entire underlying loan and not just the settled-upon amount in the case of breach is a contractually prohibited penalty. It is.
In the case, Purcell v. Schweitzer (Cal. App. 4th Dist., Mar. 17, 2014), an individual borrowed $85,000 from a private lender and defaulted. The parties agreed to settle the dispute for $38,000. A provision in the settlement provided that if the borrower also defaulted on that amount, the entire amount would become due as "punitive damages." When the borrower only owed $67 or $1,776 (depending on who you ask), he again defaulted, and the lender applied for and obtained a default judgment for $85,000.
Liquidated damages clauses in contracts are "enforceable if the damages flowing from the breach are likely to be difficult to ascertain or prove at the time of the agreement, and the liquidated damages sum represents a good faith effort by the parties to appraise the benefit of the bargain." Piñon v. Bank of Am., 741 F.3d 1022, 1026 (Ninth Cir. 2014). The relevant "breach" to be analyzed is the breach of the stipulation, not the breach of the underlying contract. Purcell. On the other hand, contractual provisions are unenforceable as penalties if they are designed "not to estimate probable actual damages, but to punish the breaching party or coerce his or her performance." Piñon, 741 F.3d at 1026.
At first blush, these two cases seem to reach the same legally and logically correct conclusion on similar backgrounds. But do they? The Ninth Circuit case in effect condones large national banks and credit card companies charging relatively small individual, but in sum very significant, fees that arguably bear little relationship to the actual damages suffered by banks when their customers pay late or exceed their credit limits. (See, in general, concurrence in Piñon). In 2002, for example, credit card companies collected $7.3 billion in late fees. Seana Shiffrin, Are Credit Card Law Fees Unconstitutional?, 15 Wm. & Mary Bill Rts. J. 457, 460 (2006). Thus, although the initial cost to each customer may be small (late fees typically range from $15 to $40), the ultimate result is still that very large sums of money are shifted from millions of private individuals to a few large financial entities for, as was stated by the Ninth Circuit, contractual violations that do not really cost the companies much. These fees may "reflect a compensatory to penalty damages ratio of more than 1:100, which far exceeds the ratio" condoned by the United States Supreme Court in tort cases. Piñon, 741 F.3d at 1028. In contrast, the California case shows that much smaller lenders of course also have no right to punitive damages that bear no relationship to the actual damages suffered, although in that case, the ratio was "only" about 1:2.
The United States Supreme Court should indeed resolve the issue of whether due process jurisprudence is applicable to contractual penalty clauses even though they originate from the parties' private contracts and are thus distinct from the jury-determined punitive damages awards at issue in the cases that limited punitive damages in torts cases to a certain ratio. Government action is arguably involved by courts condoning, for example, the imposition of late fees if it is true that they do not reflect the true costs to the companies of contractual breaches by their clients. In my opinion, the California case represents the better outcome simply because it barred provisions that were clearly punitive in nature. But "fees" imposed by various corporations not only for late payments that may have little consequence for companies that typically get much money back via large interest rates, but also for a range of other items appear to be a way for companies to simply earn more money without rendering much in return.
At the end of the day, it is arguably economically wasteful from society's point of view to siphon large amounts of money in "late fees" from private individuals to large national financial institutions many of which have not in recent history demonstrated sound economic savvy themselves, especially in the current economic environment. Courts should remember that whether or not liquidated damages clauses are actually a disguise for penalties depends on "the actual facts, not the words which may have been used in the contract." Cook v. King Manor and Convalescent Hospital, 40 Cal. App. 3d 782, 792 (1974).
March 31, 2014 in Commentary, Contract Profs, Current Affairs, Recent Cases, True Contracts | Permalink | Comments (0) | TrackBack (0)
Eleventh Circuit Joins Others in Holding that Bank Agreement without Arbitration Clause Supersedes Prior Customer Agreement
Last month, the Eleventh Circuit Court of Appeals decided Dasher v. RBC Bank, in which Mr. Dasher alleges excessive overdraft fees and which is part of a larger multidistrict litigation pending in the Southern District of Florida. RBC Bank (RBC) moved to compel arbitration, and the District Court denied the motion.
The procedural history of the case is complicated. The parties' relationship was originally governed by a 2008 agreement (the RBC Agreement) which included an arbitration clause. Before the Supreme Court decided Concepcion, the District Court refused to enforce the arbitration clause because it made it impossible for Mr. Dasher and others to vindicate their rights. While the case was awaiting reconsideration after Concepcion, PNC Financial Services Group (PNC) aquired RBC and a 2012 PNC Agreement replaced the 2008 RBC Agreement which had previously governed the parties' relationship. The PNC agreement did not mention arbitration. The District Court ruled that the PNC Agreement applied to this litigation and that it superseded the RBC Agreement. The District Court thus again denied RBC's motion to compel arbitration, and the Eleventh Circuit affirmed on the same grounds.
While the Court acknowledged the general public policy in favor of arbitration, courts cannot compel arbitration where the parties have not agreed to arbitration. Here, the Court found that the parties expressed a "clear and definite intent" that the PNC Agreement superseded the RBC Agreement, and the former had no arbitration clause. The Court was unmoved by RBC's arguments that it had not waived its right to demand arbitration. There was no question of waiver where the right to demand arbitration did not exist in the relevant agreement. Similarly, the Court rejected RBC's argument that mere silence was not enough to overturn an arbitration clause. While RBC cited cases that seemed to support its position, those cases all involved new agreements that did not entirely supersede prior agreements. Two other Circuit Courts have addressed the issue in the context of superseding agreements, and both have held that an arbitration clause from a prior agreement is unenforceable, and the Sixth Circuit was especially clear that prior arbitration agreements are unenforceable even where the superseding agreement is silent on the subject.
March 31, 2014 in Recent Cases | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 26, 2014
New in Print
Jason Boblick & Justin R. DePaul, At an Economic Loss: Assessing the Implications of Sullivan v. Pulte Home Corp. for Arizona Construction Contractors, 55 Ariz. L. Rev. 1201 (2013)
Maj. Ryan A. Howard, U.S. Army, Acquisition and Cross-Servicing Agreements in an Era of Fiscal Austerity, Army Law. 26 (2013)
Donald J. Smythe, Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms, 34 N. Ill. U. L. Rev. 109 (2013)
Maya Steinitz & Abigail C. Field, A Model Litigation Finance Contract, 99 Iowa L. Rev. 711 (2014)
March 26, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, March 25, 2014
Making the Fine Print Fair Symposium
The Georgetown Consumer Law Society and Citizen Works are co-hosting an exciting conference, "Making the Fine Print Fair," on Friday, April 4. Notable speakers include consumer advocate Ralph Nader, FTC Chairwoman Edith Ramirez and former Director of the Bureau of Consumer Protection of the FTC and Georgetown Law Prof. David Vladeck as well as blog favorites Margaret Jane Radin and Omri Ben-Shahar. Registration is free but space is limited. More information about speakers and how to register below:
March 25, 2014 in Conferences | Permalink | Comments (0) | TrackBack (0)
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March 25, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Monday, March 24, 2014
Law Professors Blog Network Welcomes Four New Blogs to the Roster
As announced here on the TaxProf Blog, the Mother Ship of the Law Professor Blogs Network, the latter is thrilled to announce the launch of four new blogs:
- Comparative Law Prof Blog, edited by Shawn Marie Boyne (Indiana), Monica Eppinger (Saint Louis), Lissa Griffin (Pace) & Shitong Qiao (NYU)
- Human Rights At Home Blog, edited by Martha F. Davis (Northeastern) & Margaret Drew (Northeastern)
- Law and Economics Prof Blog, edited by Gerrit De Geest (Washington U.), Ben Depoorter (UC-Hastings), Brian Galle (Boston College), David Gamage (UC-Berkeley), Shi-Ling Hsu (Florida State), Murat C. Mungan (Florida State), Eric Rasmusen (Indiana) & Manuel A. Utset, Jr. (Florida State)
- Legislation Law Prof Blog, edited by Kevin Barry (Quinnipiac), Emily Benfer (Loyola-Chicago), Sara K. Rankin (Seattle) & Joel Rogers (Wisconsin)
To all the new start-ups, we say: Welcome and we look forward to your posts.
March 24, 2014 in About this Blog, Weblogs | Permalink | TrackBack (0)
Friday, March 21, 2014
Microsoft's Terms of Service and Privacy
Microsoft has been in the news recently for accessing a user's Hotmail account without a court order. Microsoft revealed this information as part of a lawsuit it filed against a former employee who it accussed of stealing trade secrets. The company received information that a French blogger had access to Windows operating system software code and wanted to find out who was the blogger's source. Conveniently for Microsoft, the blogger had a Microsoft-operated Hotmail account. The company's accessing of the emails and instant messages of the blogger was lawful because - you guessed it - it was permitted under the company's terms of service which state:
We also may share or disclose personal information, including the content of your communications:
- To comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies.
- To protect the rights or property of Microsoft or our customers, including enforcing the terms governing your use of the services.
- To act on a good faith belief that access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.
Lest you think you can escape the intrusions of corporate peeking into personal communications by moving to another email provider, a quick check of the terms of service of Yahoo and Google showed nearly identical language in their privacy policies.
Google's terms of service state:
We will share personal information with companies, organizations or individuals outside of Google if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law.
You acknowledge, consent and agree that Yahoo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Yahoo, its users and the public.
Interestingly, Microsoft's terms of service give the company less discretion to snoop through our emails than Google or Yahoo -- it can only do so to protect the company and its users. Google or Yahoo can access communications to protect third party property interests. But they wouldn't really do that without a court order, would they? Oh, right.
March 21, 2014 in Commentary, Current Affairs, Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Op-Ed on Mandatory Arbitration (and Cheerleader Contracts)
Nan Aron, President of the Alliance for Justice, has an op-ed in SFGate supporting the Arbitration Fairness Act. It begins with the attention-grabbing question:
What do a Bay Area restaurant, customers of Instagram and the Oakland Raiders cheerleaders have in common? All of them have been - or could become - victims of a perversion of the American system of justice that could deny them their chance to stand up for their rights in court.
The practice is known as forced arbitration. Thanks to a series of bad decisions by the U.S. Supreme Court and unfair corporate practices, more and more Americans are required to use it. Forced arbitration turns dispute resolution into a privatized system of dispute suppression that is supplanting our justice system and letting corporations ignore laws that protect consumers and workers.
Aron explains that the Raiderette cheerleaders have attempted to sue the Raiders for wage violations but the cheerleader contract has an arbitration clause requiring them to take their dispute to the Commissioner of the NFL. The op-ed concludes:
The Consumer Financial Protection Bureau is considering barring forced arbitration in consumer services contracts - and it should. But forced arbitration is also spreading to employment contracts, like the one between the cheerleaders and the Raiders, threatening workers' ability to sue over race, sex or age discrimination and other workplace injustices.
There is a solution: The Arbitration Fairness Act, now pending in Congress, would bar forced arbitration in employment, antitrust and civil rights cases as well as consumer disputes. It would reopen the courthouse doors to millions of Americans and level the legal playing field for the cheerleaders, who, like every American, deserve a fair shot at justice.
I agree with Aron's conclusion and I support the Arbitration Fairness Act, but I am struck by the shift in the political framing of pre-dispute arbitration -- from "mandatory" to "forced." That seems a bit hyperbolic to me.
Anyway, here's a link to the full op-ed.
March 21, 2014 in In the News | Permalink | Comments (0) | TrackBack (0)
Thursday, March 20, 2014
Copyright and Contract Again
Because I teach both these courses I am intrigued by their connection. Copyright, when granted, (which these days is for nearly anything) is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration for the author is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited bases for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season if anything. Works that are not minimally original draw no consideration. And in some cases, an author -- say one writing a book that will be a guaranteed best seller -- should be charged to have the work copyrighted.
My sense is that some authors are paid way too much and almost none are paid too little. Has anyone ever heard of an author who turned down the bargain because it is life plus 70 instead of life plus 80? Perhaps more important, many works would be provided gratuitiously. They require no consideration but the authors recieve it anyway.
Take the makers of the Cajun in Your Pocket. It's a little plastic device that has 6 buttons and it play six Cajun sayings like the classic, "you gotta suck da head off den der crawfish" which then showed up in that well-know rap tune "Shake ya Ass." This all resulted in a case that eventually was appealed. Do you think the makers of the Cajun in Your Pocket actually were motivated by the sense they had monopolized "you gotta suck da head off den der crawfish"? I doubt it.
When you think about copyright as contract, you realize how ineffective your agent is.
March 20, 2014 | Permalink | TrackBack (0)
Wednesday, March 19, 2014
New in Print
David Crump, The Economic Purpose of the Contract Clause, 66 SMU L. Rev. 687 (2013)
Rebecca Schoff Curtin, Hackers and Humanists: Transactions and the Evolution of Copyright. 54 IDEA 103 (2013).
David G. Epstein, and students Adam L. Tate & William Yaris, Fifty: Shades of Grey--Uncertainty about Extrinsic Evidence and Parol Evidence after All These UCC Years. 45 Ariz. St. L.J. 925 (2013)
Frank L. Schiavo, An Alternative Approach to the Parol Evidence Rule: A Rejection of the Restatement (Second) of Contracts; Mitchill v. Lath revisited. 41 Cap. U. L. Rev. 759 (2013)
Emanwel J. Turnbull, Account Stated Resurrected: The Fiction of Implied Assent in Consumer Debt Collection, 38 Vt. L. Rev. 339 (2013)
Manuel A. Utset, Transitive Counterparty Risk and Financial Contracts, 78 Brook. L. Rev. 1441 (2013)
Plus: this from the Chicago Kent Law Review
Vol. 89, Issue 1
Symposium on Fringe Economy Lending and Other Aberrant Contracts
Sarah Howard Jenkins,
Charles C. Baum Distinguished Professor of Law
Table of Contents (Full Listing of PDF Articles)
Symposium Introduction
Sarah Howard Jenkins
89 Chi.-Kent L. Rev. 3 (2014)
I. Fringe Economy Lending—The Problem, Its Demographics, and Proposals for Change
Third Party Funding of Personal Injury Tort Claims: Keep the Baby and Change the Bathwater
Terrence Cain
89 Chi.-Kent L. Rev. 11 (2014)
An Economic Perspective on Subprime Lending
Michael H. Anderson
89 Chi.-Kent L. Rev. 53 (2014)
Females on the Fringe: Considering Gender in Payday Lending Policy
Amy J. Schmitz
89 Chi.-Kent L. Rev. 65 (2014)
II. Other Solutions for Fringe Economy Lending
Interest Rate Caps, State Legislation, and Public Opinion: Does the Law Reflect the Public's Desires?
Timothy E. Goldsmith & Nathalie Martin
89 Chi.-Kent L. Rev. 115 (2014)
An Economic Investigation of Rent-to-Own Agreements
Michael H. Anderson
89 Chi.-Kent L. Rev. 141 (2014)
III. Securitization of Fringe Economy Receivables—A Lender's Issue
Securitization of Aberrant Contract Receivables
Thomas E. Plank
89 Chi.-Kent L. Rev. 171 (2014)
IV. Other Aberrant Contract Concerns
Legal Uncertainty and Aberrant Contracts: The Choice of Law Clause
William J. Woodward Jr.
89 Chi.-Kent L. Rev. 197 (2014)
Some Economic Insights Into Application of Payments Doctrine: Walker Thomas Revisited
James W. Bowers
89 Chi.-Kent L. Rev. 229 (2014)
V. Atypical Consumer Agreements as Aberrant Contracts
Situational Duress and the Aberrance of Electronic Contracts
Nancy S. Kim
89 Chi.-Kent L. Rev. 265 (2014)
Tax Ferrets, Tax Consultants, Bounty Hunters, and Hired Guns: The Property Tax Netherworld Fueled by Contingency Fees and Champertous Agreements
J. Lyn Entrikin
89 Chi.-Kent L. Rev. 289 (2014)
Tenure, the Aberrant Consumer Contract
James J. White
89 Chi.-Kent L. Rev. 353 (2014)
Are You Free to Contract Away Your Right To Bring a Negligence Claim?
Scott J. Burnham
89 Chi.-Kent L. Rev. 379 (2014)
March 19, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, March 18, 2014
Contract, Copyright and Controversy
A recent ruling by the 9th Circuit is causing quite a stir in certain online circles. The decision concerned the controversial video "Innocence of Muslims" which was posted to YouTube and sparked worldwide outrage and protests. Cindy Garcia is an actress who was Borat'd into appearing in the anti-Muslim film. She sued Google seeking to get it removed. She claimed that she had a copyright interest in her performance. The Ninth Circuit ruled in her favor and in so doing, released the wrath of the bloggerati. While the ultimate outcome is still unclear since Google is going to fight this one, all of this might have been avoided if the producers had signed a contract with Garcia. (I say "might" because it would depend upon how the release was drafted and whether she was fraudulently induced to sign it). While the Borat plaintiffs had all signed extensive releases giving up every right under the sun, no such release was produced documenting that Garcia had done the same.
I think this case is not actually the dangerous precedent some might have us think. Kozinski is nobody's fool, including Google's, and thankfully, he has a strong record as a First Amendment stalwart so all Google's self-serving rhetoric about unconstitutional prior restraint didn't intimidate him. Neither should all the alarmism about YouTube being inundated by requests to takedown clips or the dire warnings of the imminent demise of the online entertainment industry. In my view, this is just plain hysteria and not uncommon in certain corners when one dares suggest curbing some of the special rules granted to Internet companies. [Speaking of special rules for online companies, there's one other issue here that's relevant, and that's Section 230 of the Communications Decency Act. That's a federal law that protects websites from state law liability for content posted by others. That's likely why Garcia sued on a copyright infringement claim as opposed to, say, false light or some other tort claim]. The fact is that most (legitimate) filmmakers have their actors execute written assignments prior to filming. The "copyright in performance" argument only works if the subjects actively participated in the creation of the work so it would not include, for example, subjects who were captured on film without their knowledge or who did not "perform". So what's left? Subjects who actively participated in their performance and did so without a written assignment (or where the written assignment was obtained through fraud) but later - for whatever reason - wanted his or her performance removed from YouTube or another online site.
Now let's think about that a minute. Most people will not ask for clips to be removed unless they feel there is something invasive or embarrassing about their appearance in it. (Revenge porn victims come to mind and Prof. Derek Bambauer has already proposed using copyright to address it). In that case, why not remove it? Given the unforgiving nature of the Internet and the possibility of humiliation or worse on a mass scale, it seems that Google should exercise the caution of taking down the clip and allowing the parties to resolve their rights in court. If the clip stays up while the case is being litigated, well, the harm is done regardless of who ultimately wins in court.
This case is a good one to illustrate the irreparable harm concept. The posting of the clip resulted in threats to Garcia's life. Given the hate (aka fatwa, threats against her life) Garcia was feeling after the clip appeared, the deception involved in getting her to participate (and the fact that part of her performance was dubbed over so it appeared that she was speaking "fighting words" that she never uttered), the ability of the filmmakers to post the clip without her brief appearance (yes, video editing tools are available....), the inability of Garcia to have the clip removed on other grounds because of Section 230 of the CDA and - of most relevance to readers of this blog - the fact that the filmmakers might have avoided this whole mess by having her sign a release and explaining to her the true nature of the film -- given all that, I, unlike many in the blogosphere, applaud the decision.
We're not talking about a common situation here so all the hysteria about the death of Youtube is greatly exaggerated. Nobody is killing the Internet here. Google will still be a multi-billion dollar company that scans our emails and chips away at our privacy while pretending to guard our "free speech." Nothing will change much. As Kozinski writes, "It is not irrelevant that the harm Garcia complains of is death or serious bodly harm." Furthermore, as the opinion notes, the filmmaker "lied to Garcia about the project in which she was participating. Her performance was used in a way that she found abhorrent and her appearance in the film subjected her to threats of physical harm and even death. Despites these harms, and despite Garcia's viable copyright claim, Google refused to remove the film from YouTube. It's hard to see how Google can defend its refusal on equitable grounds, and indeed, it doesn't really try." Bravo Kozinski, for not being bullied by the almighty Google and for standing firm on a case that was sure to attract the wrath of the Internet yahoos.
March 18, 2014 | Permalink | Comments (0) | TrackBack (0)
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March 18, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Monday, March 17, 2014
"Strictly Confidential" Means Don't Boast about Settlement on Facebook
An employee sues his employer for age discrimination and retaliation. The parties reach an $80,000 settlement agreement pursuant to which the existence and terms of the settlement are to be kept "strictly confidential." The employee is only allowed to tell his wife, attorneys and other professional advisers about the settlement. A breach of the agreement will result in the "disgorgement of the Plaintiff's portion of the settlement payments," although the attorney would, in case of a breach, be allowed to keep the separately agreed-upon fee for his services. The employee tells his teenage daughter about the settlement and being "happy about it." Four days later, she boasts to her 1,200 Facebook friends:
"Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT."
The employer does not tender the otherwise agreed-upon settlement amount, citing to a breach of the confidentiality clause of the contract. The employee brings suits, wins at trial, but loses on appeal. The employee's argument? He felt that it was necessary to tell his daughter "something" about the agreement because, some sources state, she had allegedly been the subject of at least some of the retaliation against her father.
The appellate court emphasized the fact that the agreement had called for the employee not to disclose "any information" about the settlement to anyone either directly or indirectly. Settlement agreements are interpreted like any other contract. Thus, the unambiguous contractual language "is to be given a realistic interpretation based on the plain, everyday meaning conveyed by the words," according to the court. The employee did precisely what the confidentiality agreement was designed to prevent, namely advertise to the employer's community that the case against them had been successful.
What could the employee have done here if he truly felt a need to tell his daughter about the deal? Pragmatically, he could have made it abundantly clear to his daughter that she was not to tell anyone, obviously including her thousands of Facebook "friends," about it. Hopefully she would have abided by that rule... The court pointed out that the employee could also have told his attorney and/or the employer about the need to inform his daughter in an attempt to reach an agreement on this point as well. Having failed to do so, "strictly confidential" means just that. As we know, consequences of breaches of contract can be ever so regrettable, but that does not change any legal outcomes.
The case is Gulliver Sch., Inc. v. Snay, 2014 Fla. App. LEXIS 2595.
March 17, 2014 in Contract Profs, Current Affairs, Famous Cases, Labor Contracts | Permalink | Comments (0) | TrackBack (0)
Sunday, March 16, 2014
Phone Insurance and Fine Print
An article in the LA Times explains how one customer's claim for insurance from AT&T Mobile Insurance resulted in nothing but headache and a lighter wallet.
A new iPhone 5s can cost a couple of hundred dollars so Marianna Yarovskaya thought it was a good idea to purchase phone insurance. Yarovskaya purchased the insurance from AT&T Mobile Insurance for $6.99 a month so that if her phone was lost, stolen or damaged, she could get a replacement. But she didn't read the very fine print - and even if she had, she probably wouldn't have understood what it meant.
While on an overseas trip, her iPhone was stolen and she submitted a claim to Asurion, AT&T's partner and insurance provider. Asurion explained that because she enrolled on the trip while she was outside of AT&T's network (she was in Indonesia) she wasn't covered under the plan.
There are a few sneaky things about this provision and Asurion's use of it. First, it seems that if you are going to exclude coverage for those outside a territory, that you should not permit them to sign up while they are outside that territory. You might reasonably assume that if a company is allowing you to purchase insurance while you are out-of-network, that they will cover you as of that time. Remember, we are talking about replacing a phone, not providing coverage.
The second sneaky thing is that the exclusion was emailed to her after she had signed up for coverage, aka a "rolling contract." I'm not necessarily against emailed terms after a transaction - but the type of terms really matters. If they addressed issues that the consumer should expect, then no problem. For example, an acceptable exclusion for damage coverage might be intentional misuse. But this exclusion undermines the very purpose of the insurance.
The third sneaky thing was that the exclusion was buried on page eight of the nine pages emailed to the consumer. Not conspicuous at all.
Furthermore, David Lazarus points out that the exclusion was not contained in the section on "eligibility," which a consumer might read, but in the "definitions" section.
Finally, even if she had read the terms all the way through to the page 8 definitions, it's doubtful that she would have understood the meaning of "covered property" as "actively registered on the service provider's network and for which airtime has been logged after enrollment," to mean that she had to use the phone on the carrier's network after coverage before that phone would be considered covered.
Don't get me wrong - I think I understand the reason for the exclusion. AT&T probably wants to guard against opportunistic consumers who might purchase the insurance after losing their phone. But it seems there are much better and more consumer friendly ways to do this. In this case, they could have called her to verify the phone was still in her posssession (or asked her to call) before activating her insurance account and charging her. It seems that the burden should be on the insurer to verify that the insured is eligible, not the other way around. It also seems irksome to use a fine print provision that will always work against the consumer in this situation than instituting some corporate policy (like calling the consumer as part of initiating coverage) that would weed out opportunistic consumers from good faith ones that are seeking coverage.
My guess is that Yarovskaya is unlikely to sue over this contract becaues the dollar amount is too low to warrant legal fees. Furthermore, there's probably a mandatory arbitration clause and a class action waiver that would create procedural hurdles. Bottom line? It will require more vigilance to understand AT&T Mobile's Insurance contract than it will be to just guard your phone more carefully when traveling.
March 16, 2014 | Permalink | Comments (0) | TrackBack (0)
Wednesday, March 12, 2014
KCON9 Is Now Available on YouTube
For those of you who made the wide choice to avoid Miami in February (highs in the 80s, lows in the 70s -- it was hell!), you can still enjoy the experience of hearing the papers presented at last month's conference. The conference organizer, Jennifer Martin, is in the process of making all the sesions availalbe here.
Here's a taste, Robin West's luncheon address:
Ahh, the memories.
March 12, 2014 in Conferences, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)
New in Print from Carolina Academic Press
Garrick Apollon, Sino-American Contract Bargaining and Dispute Resolution, 13 Pepp. Disp. Resol. L.J. 385 (2013)
Frank O. Brown, Jr., Construction Law, 65 Mercer L. Rev. 67 (2013)
Richard F. Brown, Oil, Gas, and Mineral Law, 66 SMU L. Rev. 1003 (2013)
Dean A. Calloway & Dan M. Silverboard, The Georgia Taxpayer Protection and False Claims Act. 65 Mercer L. Rev. 1 (2013)
Boris Kozolchyk, Drafting Commercial Practices and the Growth of Commercial Contract Law, 30 Ariz. J. Int'l & Comp. L. 423 (2013)
Colin P. Marks, Not What, but When Is an Offer: Rehabilitating the Rolling Contract, 46 Conn. L. Rev. 73 (2013)
John F. Munger, Importation of Mexican Produce into the United States: Procedures, Documentation, and Dispute Resolution, 30 Ariz. J. Int'l & Comp. L. 605 (2013)
Iryna Polovets, Bradley Terry & student Matthew Smith, GAFTA Arbitration as the Most Appropriate Forum for Disputes Resolution in Grain Trade, 30 Ariz. J. Int'l & Comp. L. 559 (2013)
Adam Shinar, Public Employee Free Speech and the Privatization of the First Amendment, 46 Conn. L. Rev. 1 (2013)
Chang-Soon Thomas Song, Sectoral Dispute Resolution in International Banking (Documentary Credit Dispute Expertise: DOCDEX), 30 Ariz. J. Int'l & Comp. L. 529 (2013)
Ersoy Zirhlioglu, The Diamond Industry and the Industry's Dispute Resolution Mechanisms, 30 Ariz. J. Int'l & Comp. L. 477 (2013)
March 12, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, March 11, 2014
Probably Not the Best Time to Have Ukraine Owe you $3 Billion
According to Russian media, China has sued Ukraine for $3 billion, claiming Ukraine breached a loan-for-grain contract.
Under the loan-for-grain contract signed in 2012, the Export-Import Bank of China provided the loan to Kiev in exchange for supplies of grain.
Ukraine's State Food and Grain Corporation used part of the $3 billion Chinese loan to instead provide crops for other countries and parties, including Ethiopia, Iran, Kenya and the Syrian opposition groups, the ITAR-TASS news agency reported, citing a Ukrainian parliament official.
The contract stipulated annual supply of a maximum 6 million tonnes of Ukrainian grain for a 15-year period.China also delivered half of the agreed loan to Ukraine last year and Ukraine had planned to export four million tonnes of grain to China.
However, Chinese importers have so far received only 180,000 tonnes of grain, worth $153 million, from Ukraine, the report said.
March 11, 2014 in In the News | Permalink | Comments (0) | TrackBack (0)
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March 11, 2014 in Recent Scholarship | Permalink | TrackBack (0)
Monday, March 10, 2014
NewYork City Ballet Dancers Agree to New Contract
As the New York Times reports here, dancers with the New York City Ballet (NYCB) have been operating without a contract since the summer of 2012. No details of the agreement are available, beyond the fact that the dancers are guaranteed pay for 38 weeks of work now, up from 37.
A bit of quick internet research suggests that a member of the NYCB corps de ballet makes $1500 a week. Let's assume the new contract is more generous and round up to $2000/week. If they get paid for 38 weeks of work, that comes out to $76,000/year, which is a good salary in New York City, so long as you can share a studio apartment in an outer borrough with two or more other members of of the corps (or you can marry and investment banker). There was a bit of controversy about five years ago when tax returns for Peter Martins, the NYCB's Ballet Master-in-Chief, surfaced and revealed that he made about $700,000. Some of that money comes from royalties he earns on his choreographies. In any case, it seems that was considered a lot of money for a dancer.
To put that in some perspective, the median salary for an NBA player is $1.75 milion, if we include players on short-term contracts. The top salary exceeds $30 million, and the lowest salary, as of the 2011-12 season according to nba.com, was just under $500,000 for a rookie.
And now, here is the New York City Ballet performing an excerpt from George Balanchine's Agon
March 10, 2014 in Celebrity Contracts, Commentary, Labor Contracts | Permalink | Comments (0) | TrackBack (0)
Friday, March 7, 2014
Tenth Circuit Holds New Mexico Law Preempted by the Federal Arbitration Act
A New Mexico law permits a court to strike down as unconscionable arbitration agreements that apply only or primarily to claims that only one party would bring. That is, if an arbitration agreement is drafted so that one party always has to go to arbitration while the other party can always go to court, such an agreement may well be unconscionable. In THI of New Mexico at Hobbs Center, LLC v. Patton, a Tenth Circuit panel unanimously held that the Federal Arbitration Act (FAA) preempts the New Mexico law. The Court reversed the District Court's ruling and remanded the case for the entry of an order compelling arbitration.
Lillie Mae Patton's husband was admitted to a nursing home in Hobbs, New Mexico operated by THI. When he was admitted, he agreed to an arbitration clause that required "the parties to arbitrate any dispute arising out of his care at the home except claims relating to guardianship proceedings, collection or eviction actions by THI, or disputes of less than $2,500." After he died, Ms. Patton sued THI on behalf of his estate, alleging negligence and misrepresentation. THI brought a claim in the federal district court to compel arbitration. At first, the District Court granted THI the relief it sought, but it reversed itself when the New Mexico Supreme Court found an identical arbitration clause unconscionable in Figueroa v. THI of New Mexico at Casa Arena Blanca, LLC, 306 P.3d 480 (N.M. Ct. App. 2012).
The Tenth Circuit reviewed the legislative purposes underlying the FAA and the case law firmly establishing the view that arbitration agreements are to be enforced notwithstanding federal statutes that seemd to imply hostility to arbitration or state law invalidating arbitration agreements. While a court may invalidate an arbitration agreement based on common law grounds such as unconscionability, it may not apply the common law in a way that discriminates against arbitral fora. Assuming that the agreement did indeed consign Ms. Patton to arbitration while allowing THI to bring its claims in court, and accepting the Figueroa Court's holding that the agreement is unsconscionable, the Tenth Circuit found that "the only way the arrangement can be deemed unfair or unconscionable is by assuming the inferiority of arbitration to litigation." However, "[a] court may not invalidate an arbitration agreement on the ground that arbitration is an inferior means of dispute resolution. As a result, the Court found that the FAA precludes Ms. Patton's unconscionability challenge to the enforceability of the arbitration agreement.
The Court distinguished this case from a Fifth Circuit case, Iberia Credit Bureau, Inc. v. Cingular Wireless LLC, 379 F.3d 159, 168–71 (2004), in whichthe Fifth Circuit found an arbitration agreement to be unenforceable where one party's claims had to be arbitrated while the other's could be either litigated or arbitrated. On the Court's reading of the arbitration agreement, THI did not have the option of arbitrating its claims; it would have to go to court. Rather ominously, the Tenth Circuit expressed its doubt about the Fifth Circuit's reasoning in Iberia Credit that having the option to choose between arbitration and litigation was superior to having arbitration as the only option.
There is a remarkable formalism to the Tenth Circuit's opinion. Absolutely nothing that smells of denigration of arbitration is permissible. The Court does not inquire into what might have motivated THI to provide that it gets to go to court with its claims, while its patients have to go to arbitration. Given that THI drew up the contract, that seems a relevant line of inquiry. If THI exploited its superior bargaining power and knowledge to create an unreasonably lopsided agreement that would not be detectable by the average consumer, the arbitration agreement is unconscionable and should not be enforced. Refusing to do so is not a global rejection of arbitration but a recognition that both litigation and arbitraiton have their advantages and disadvantages. The Tenth Circuit's approach permits the party with superior bargaining power exploit its superior knowledge to extract benefits from form contracts to which the other party cannot give meaningful assent.
March 7, 2014 in Commentary, Recent Cases | Permalink | TrackBack (0)


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Unless you're deaf, hearing all the hype about Splendour in the Grass is pretty much unavoidable, but no one ever prepares you for the after effects. And by that I'm not referring to the hangover or depressing bank balance you're left with. I'm talking about the overwhelming sadness that hits you Monday morning; after months of preparations, saving and trying to contain the growing excitement, it's all over in what feels like the blink of an eye.
The Beautiful Girls were well within their element on Saturday, sharing their smooth, summery laidback grooves with us for one of the last times. Their deep but upbeat reggae dub vibe perfectly complimented the early evening Splendour atmosphere with each song consistently offering the audience a fun-charged roosty-rock or mellow beat to dance along to.
The whole set was filled with heavy bass and tight dub drumming, transitioning from chilled out acoustic numbers to more hyped electric rock songs, and each providing Mat. McHugh with an opportunity to show off his underappreciated guitar skills and unique voice. It was another beautiful groove-laden set of memorable music from the Girls.
Swedish dance/indie ensemble Miike Snow got the part re-started that night with their masterful instrumentation impressively choreographed with an illuminating light show. From the moment these guys walked onto the smokey stage, both visual and aural pleasure ensued.
They moved through earlier hits from their 2009 self-titled debut album giving each song new life, with a mix of relaxed tempos, electro tweaks and extended choruses. But it was their latest songs that dominated the set list. After three years of honing and polishing their sound, their new album 'Happy To You' went down as well as the drinks at Splendour.
On Sunday evening, urban roots rockers Blue King Brown brought us their chilled-out jazzy blues and fit right in doing so. The atmosphere was set almost instantly.
The music began and beautiful front woman Natalie Pa'apa'a' walked onstage waving the Blue King Brown flag above her head and, surprisingly, singing through a megaphone. With her smooth but powerful voice and inspiring lyrics she carried a formidable live presence. In fact, each instrument as well as the two vibrant backup singers delivered their own delicious smatterings of soulful ambiance. Each musician took turns in bursting out funky solos and there were plenty of sing-along moments that got even the few dance floor-shy spectators involved.
Together Blue King Brown performed an equally chilled out and highly energetic collection of songs that literally moved the crowd as the flowing music cascaded down from the stage.
I was a bit sceptical about seeing headline act The Smashing Pumpkins play live, hearing mixed reviews about their live shows. But disappoint they did not. Five years on since their reformation and with another album under their belt, the band was in fine form to say the least. They have once again refined their heavily layered and guitar-dense alternative rock sound, setting in an intense energy amongst the audience.
The band covered a range of older favourites as well as a number of tracks off their latest offering 'Oceania'. Even during slower songs they stayed engaged with the audience and maintained a gripping intensity in classic Pumpkins style.
The Oceania tour seems like it could just be the opportunity the band need to revive a loyal following that has been considerably tested in the last few years. If front man Billy Corgan is looking to usher in a new era of The Smashing Pumpkins then, judging by Sunday night's performance, he's doing just that.
Despite the hail, mud and freezing temperatures, Splendour 2012 was three days of aural magnificence. Let the countdown begin again: 365 days until Splendour.
Liesl D'Rozario
DZ Deathrays set up their own equipment before taking the stage, the music industry's tell that the band is yet to make it big. Ironic really, seeing as opening track Cops/Capacity had the thousands of punters present behaving like they'd been listening to DZ since their mothers stopped breastfeeding them. The entirety of debut album 'Bloodstreams' pelted from Shane Parson's tormented respiratory system harder than the torrential rain that fell throughout the set. Kind of like Richard Kingsmill's tears.
With Spiderbait's Kram finally dragged off stage away from the drums, James Mercer brings The Shins on stage and you realise that every other band you've seen was merely a sound check. It was the band's first opportunity to road test new album 'Port of Morrow', and to Mercer's delight the market testing delivered some pleasing results. The polish that we have come to expect from this outfit was duly applied to renditions of 'Simple Song' and 'The Rifle's Spiral', with 'Australia' also getting a healthy dosage of Mr Sheen.
For festival organisers, bands like Tame Impala must seem a pretty safe bet. The lads are consistently brilliant when playing their guitar-shaped instruments live, the trend continuing once more at the fields of Belongil. New song 'Elephant' sparked a frantic reaction from the crowd, the excitement causing one older festival-goer to drop all of her medication on the ground, while a nearby teenager dressed in an actual elephant suit seemed to be having some sort of profound religious experience. In a weird coincidence, Tame Impala seem like a band that the Pope would dig.
Speaking of the Pope, Jack White should be referred to as 'His Holiness'. A question on everyone's lips had been whether the man could match the hype that had followed him on the road to Splendour - even for someone like Jack White, tall tales had been told. Yet as his band emerged to play 'Dead Leaves On The Dirty Ground', those lucky enough to have spines immediately felt chills creeping up them. Regardless of your opinion of White's solo album 'Blunderbus', seeing the man perform over a decade's worth of material from a music empire spanning The White Stripes, The Raconteurs and The Dead Weather is the equivalent of an auditory pilgrimage. He concluded the set with 'Seven Nation Army', a song that 15,000 people continued to chant long after he'd left the premises.
James Pearson
The water came from above and proceeded to soak us through from below as all punters were soon reminded of the fact that Splendour in the Grass in Byron Bay meant mud; lots of mud.
Playing the penultimate slot on Friday, At the Drive-In were perhaps worthy of closing the night – given how many people seemed to have come solely to see them perform their reunion show. Although the reasons behind why they reformed after so many years may have varied (to re-patch their friendship and money) – the band nonetheless put on a searing performance once they hit the stage. Cedric Bixler-Zavala and Jim Ward were especially animated – from their opening rendition of 'Arc Arsenal' right through to their closing track and success 'One Armed Scissor'.
Also on a reunion tour of sorts (having gone on a break while Kele Okereke dabbled with electronica), Bloc Party looked to be having a great time on stage. Mixing old crowd favourites from debut album 'Silent Alarm' like 'Banquet' and moving through their subsequent albums to include the opening cuts from their new album 'Four'; it felt like a celebration for both the crowd and the band.
At the GW McLellan Tent – Dirty Three again showed why they are continually raved about live. Although the crowd was criminally small – (perhaps people are still unaware of just how good instrumental rock can be?) it was also wonderfully intimate and probably added to the appeal. Warren Ellis is a distinctive figure, with immense talent and while the music he and his band make is undeniably beautiful – Ellis is willing to play against it, with the most irreverent banter you are ever likely to hear.
Young up-and-comers The Medics have been quite active on the touring circuit and have been building up a steady buzz around their indie rock sound. Brisbane-based via Cairns, the quartet showed that rock can have a sensitive side. With their tracks they have managed to combine breathy vocals with all out rock – with their final track 'Griffin' a perfect showcase of their sound.
Colleen Edwards
Early bird tickets are now on sale for the 2013 edition of Bluesfest. The 2013 festival is to be held from Thursday March 28 until Monday April 1 at the Tyagarah Tea Tree Farm, in the beautiful Byron Shire.
For a limited time, ticket buyers also have the option to purchase the discounted early bird tickets on a 'Time To Pay' plan over five months! 2013 will mark the 24th anniversary of Bluesfest and it is promising to be another big year, with an exciting first artist announcement planned as early as September!
Festival Director Peter Noble comments: "We have found there is an incredible interest in our Early Bird and 'Time To Pay' tickets from our ticket buying public. Well known events like US based Coachella Music Festival is not the only festival that goes on sale many months out, Bluesfest does it too.
"My humble thanks go out to our festival goers for once again placing their trust in us, as they do each year, to deliver a stellar array of artists for Bluesfest 2013. Judging from who is already on offer, we are on track to deliver a formidable line-up for Bluesfest 2013 — it really is looking like possibly our best bill yet!"
The datses for 2012's Harvest Festival have dropped.
Saturday November 10 - Melbourne
Saturday November 17 - Sydney
Sunday November 18 - Brisbane
There'll be no Adelaide and Perth gigs this year.
That's all folks!
We'll tell you more when more is announced.
|Creamfields Adelaide - By Erick Watson
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|Creamfields Gold Coast - By Paul Sickling
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|Creamfields Melbourne - By Aleks Kostadionoski and David Teuma
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|Creamfields Perth - By ArrigoniClark Photo
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|Creamfields Sydney - By Dean Hammer
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Stereosonic have unveiled their 2012 dates.
The electronic festival will play the following cities:
Saturday November 24 — Sydney
Sunday November 25 — Perth
Saturday 1 December — Melbourne
Saturday 1 December — Adelaide
Sunday 2 December — Brisbane
Line-up and venues will be announced on 5th July, with tickets on sale 2nd August.
Click for Photo Gallery:
Images: Tim Whitby and Ian Gavan/ Getty
The Cuban Brothers are what can only be described as a 'one-of-a-kind' talent. Guaranteed to have you singing along, crying with joy and shaking your moneymaker — the boys are now bringing their unique flavour to Playground Weekender. Putting a whole new meaning in to "rock out, with your cock outâ€, the boys have forged a fortunate career partying around the globe. They will host this year's Fancy Dress Saturday catwalk whilst, no doubt, donned head to toe in tight Lycra!
1. Why are you looking forward to playing Playground Weekender?
Because I've heard it's the dopest Aussie fest atmosphere\people wise and the beauty' site with bona-fide croc rooting in the creek plus Pretty Ricky and Andy Riggers are some my oldest friends in Oz and venerated in the international society of 'Wrongmen' of which I am patron.
2. What's the best thing about playing in Australia?
Fuckin' everything the sheilas, the blokes, the weather, la playa [the beach], surfing the pass at Byron for the slow take off brethren like myself, roos, possums, next level road kill, the seafood and of course hermanos (brothers) names like Gibbo, Fitzy and Shocker! ... Did I mention the bloody sheilas?
3. What are your top 5 festival tips?
1. Keep hydrated 2. Don't lick anything off fingers of cats you've just met ... next thing you know your do'n dressage around the site cos of the horse tranquiliser... Telling you! 3. Bring your own toilet roll, wet wipes and greenery 4. Regardless of inebriation factor DO NOT PISS YOURSELF!! Unless through laughter which is recommended 5. Bring a smile and she'll be right maestro.
4. Who else are you looking forward to checking out on the bill?
1.Nile Rodgers is a friend of mine and musical genius a living legend, Rodney Roots Manuva is the most consistent Hip -hop artist to come out of U.K always on point...WITNESS!! Looking forward to the Black lips as haven't seen them for 2 years, Bonobo, Greg Wilson, Art Department. The whole line up is exciting actually...let the bumming begin ...figuratively of course.
5. What can festivalgoers expect as part of your performance at the festival?
The greatest show on earth! 'Time magazine', Masculine and sexy times 'Prince' We're gonna be do'n tracks from brand new album The Cuban Brothers 'YO BONITA' released in May on Jam City, we'll be throwing down in many styles...MANY STYLES!! As ever and who knows I might even keep my gear on...Yes friends!!
6. Saturday is fancy dress day – who or what will you be coming as?
It's a god damn secret bitches think....retardation.
7. What's been your biggest rock 'n' roll moment?
Dunno, arrested and pistol whipped up a dancing pole naked in Larry Flynt's strip club in New Orleans with Ryan Dunn [RIP Brother] and Knoxville. Or maybe 2009 we headlined Bestival Saturday night came off stage at 10pm and got straight in a chopper for hour long flight to Richard Branson's private festival in his garden in Oxfordshire, we went onstage after the Foo Fighters before jumping back in Chopper and closing down the Bestival big top on in Barry Peters guise...all done under the influence of Philosopher Stone Mushrooms, that morning I was found in the woods with 2 women in their 50s burning my socks to keep warm and chanting Fog on the tine. Or there was this one time at Man Camp…
8. Are there any bands you would like to meet on the line-up and why?
Always open to meeting any cat regardless of them being musicians or whatever Being honest; the most entertaining and warm people I've met on the road very rarely have anything to do with the music industry, this job gives a unique chance to touch cats regardless of gender, race or social status, whether it's a gentle fingering or a massive bear hug...every bastards valid isn't it?
9. What are your top 10 ultimate festival tracks?
1. Toots and the Maytals — Pressure drop
2. Eddie Kendricks — Change of mind
3. Tribe Called Quest — Award tour
4. KRS One — sound of da police
5. Fat Freddy's Drop — Roady
6. Groove Armada — Superstylin'
7. Masters at work — It's alright, I feel it
8. The Cuban Brothers — The underdog or Misdemeanour
9. David Bowie — Lets dance
10. The mighty Ryeders — Evil vibrations
11. Queen — Don't stop me now
12. Diana Ross — I'm coming out
13. Roots Manuva — Witness
13 is my lucky number friends cant work in tens .... you get me? Blessings Playgroundafarians !!
10. What are your best festival chat-up lines?
Lets fuck!!!
My fave Occa chat up line — Wanna root?
Halfers on a bastard?
Muy feral amigos...Muy feral but any port in a storm isn't it?
Can't wait for the mania Aussie brethren!
Festival Channel has 2 x double tickets to Playground Weekender. Click here to enter.


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It's Usher, whose album topped the charts in its first week of release. Perhaps it had something to do with the personal lyrics. "I'm looking for myself. All my life I'm searching," he croons. "Then I realized, when you're not here, half of me is gone. So in order for me to find me, I had to find you."
© 2015 Whalerock Industries


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Posted On: July 11, 2010 By: Cliff Comments: (3)
There will be another Plumlee on the Duke roster in a couple of years as seven-footer Marshall Plumlee as verbally committed to Duke University and will be part of the 2011 recruiting class. In 2011 you will see senior Miles Plumlee, junior Mason and then freshman Marshall all on the same Duke team. Marshall had a great time in June when he spent time in Durham and was able to play some pick up games and also talk with Coack K. That trip pretty much sealed the deal and Duke fans couldn't be any more happy!
Marshall plays more of a traditional center position so don't expect to see him out on the wing or driving to the basket as much as his older brothers do. Now the question is can Marshall step in and play down low from day one or will he be a project like Brian Zoubek? If I had to bet, it would be on Marshall stepping in from day one and playing well.
It's a great time to be a Duke fan that is for sure! Recruiting is doing well and the players are excited to get back into things and winning another national championship!
Category: Duke Basketball, Duke Basketball Recruiting