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In celebration of the recent release of the Xanadu cast recording, Kerry Butler, Cheyenne Jackson, Tony Roberts, Mary Testa, Jackie Hoffman, and the entire Broadway company will appear at the Lincoln Center Barnes & Noble (1972 Broadway at 66th Street) on January 10 at 5:30pm. Cast members will perform songs from the show and, along with Xanadu bookwriter Douglas Carter Beane, will sign copies of the CD.
Monthly Archives: December 2007
The Drowsy Chaperone Closes on Broadway Today
The Broadway musical The Drowsy Chaperone has its final performance at the Marquis Theatre today, following a successful run of 674 shows and 32 previews. Happily, Drowsy still lives on through its national tour and its original Broadway cast album.
Sweeney Todd Debuts At #56 On Billboard 200 Chart
Broadway hits the Billboard 200 this week (sort of), as the Sweeney Todd film soundtrack debuts at #56 on the music charts. That's certainly not bad for a musical, even if Sweeney can't begin to compete with those teen-centric musicals High School Musical and Hannah Montana. On the actual Top Soundtracks chart, Sweeney Todd is #8, while the original Broadway cast recording of the musical is now #11 on the Top Cast Albums chart.
Original Broadway Cast Recording For Young Frankenstein Musical Now Available On CD
The original Broadway cast album for the new Mel Brooks musical Young Frankenstein has just been released. Although the Brooks-penned score may be this glitzy Broadway show's weakest feature, the CD does boast performances from some of Broadway's most talented actor/singers, including Roger Bart, Sutton Foster, Megan Mullaly, Christopher Fitzgerald, and Shuler Hensley.
Broadway Choreographer Michael Kidd Dies at 92
Michael Kidd, musical choreographer for both film and the Broadway stage, has just passed away at the age of 92. Winner of five Tony Awards for his Broadway work, Kidd most famously created the dances for the original production of Guys & Dolls, the film of Seven Brides for Seven Brothers, and the Fred Astaire/Cyd Charisse ballet in The Band Wagon. Michael Kidd also did the choreography for the Broadway musicals Finian's Rainbow, Can-Can, Li'l Abner, and The Goodbye Girl.
Sweeney Todd Opens in Movie Theaters!
Tim Burton's film version of the Stephen Sondheim/Hugh Wheeler musical Sweeney Todd opened in theaters this weekend, and so far the reception has been very positive. Not only have many of the notoriously finicky Sondheim fans given the movie two thumbs up, but so have the critics (Sweeney is currently showing an 87% positive rating at rottentomates.com) and the general movie-going audience (it's Number 4 at the box office).
Based on the Christopher Bond play (which is based on the 19th century legend of a murderous barber), the musical Sweeney Todd opened on Broadway in 1979. It was that rarest of creatures: the horror musical. Burton's largely faithful film, which stars Johnny Depp and Helena Bonham Carter, emphasizes the gloom and gore even more so. It was a risk to turn such an ambitious Broadway musical into a mainstream film, but so far it looks like the gamble has paid off.
Phantom Sequel Gets Director
When it was announced some time ago that Andrew Lloyd Webber planned to do a sequel to his massive worldwide phenomenon The Phantom of the Opera (which was based on the Gaston Leroux novel of the same name), there was some skepticism. After all, musical sequels are rare, and this sequel was to be based on a Frederick Forsyth novel "The Phantom of Manhattan," which is not nearly as well liked as the Leroux original. However, recent reports indicate that Lloyd Webber is still moving ahead with the project, to be titled Phantom in Manhattan, and that Jack O'Brien is slated to be the director. Bob Crowley will serve as set designer, and apparently Forsyth himself is working on the show's book.
The Drowsy Chaperone To End Its Broadway Run on 12/30
Sadly, the delightful musical comedy The Drowsy Chaperone is going to be put to sleep on December 30, when it has its final performance on Broadway. A funny and affectionate homage to old musicals, Drowsy will be missed, but it does boast a strong run of 674 performances. The show also won five Tony Awards and managed to recoup its investment (no mean feat for any Broadway musical).
West Side Story Coming Back to Broadway?
Arthur Laurents, bookwriter for West Side Story, recently indicated that he plans to bring a brand new version of the legendary musical to the Broadway stage. He claims that he's found a way to "update" the story (which is already an update of Romeo & Juliet) without changing any of the text. No details available as of yet, but in the meantime, we can look forward to the Laurents-directed revival of Gypsy (for which he also wrote the book), arriving on Broadway in early '08.
Pygmalion Closes and Homecoming Opens on Broadway Today
Broadway debutante Claire Danes takes her final bow in Pygmalion today at the American Airlines Theatre. Meanwhile, over at the Cort Theatre, the revival of Harold Pinter's The Homecoming has its official Broadway opening. To get discount tickets to see The Homecoming, click here.


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Pakodas / Bhajias
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PARMA -- A police chase began in Parma and ended in Cleveland after crashing into a building.
Late Saturday night, Parma police officers attempted to pull over a car speeding at the intersection of State Road and Brookpark Road. The driver did not stop, leading police on a chase.
The police chase ended in Cleveland near Broadview Road and Spring Road when the driver crashed into a building.
According to Parma police, the man attempted to flee from his car and hide under another car.
The man was taken to MetroHealth Medical Center.
The incident is currently under investigation.


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Lots and Lots of Dots Cake
Cake serves 40.
- Ruler
Step 1
Bake and cool 6 in. and 10 in. two-layer cakes. Tint buttercream light green. Ice smooth with buttercream. Prepare for stacked construction.
Step 2
Using 3 3/4 in. heart cutter from set and green FoodWriter, outline two hearts on the back side of Light Green Sugar Sheets! Cut out hearts using Rotary Cutter. For initial, use green FoodWriter and cutter from 101 Cookie Cutter Set to trace letter on Black Sugar Sheets! Cut out letter using Rotary Cutter. Brush letter with piping gel and attach to one of the hearts. Using piping gel, attach hearts together with lollipop stick in between. Set aside.
Step 3
Using Rotary Cutter, cut seven strips, 1 in. wide, from short end of Bright Green Sugar Sheets! Using piping gel, attach four strips to base of bottom tier and three strips to base of top tier. Trim, if necessary. Using Rotary Cutter, cut seven strips, 1/2 in. wide, from short end of Black Sugar Sheets! Using piping gel, attach four strips to base of bottom tier and three strips to base of top tier overlapping the green strips. Trim, if necessary.
Step 4
Using punch with Small Circle Cutting Insert, punch 25 circles each from Black and Bright Green Sugar Sheets! Brush with piping gel and attach to cake.
Step 5
Insert heart initial topper in cake.
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Tuesday, August 16, 2011
© Copyright 2015 Gwinnett Daily Post
Lawrenceville LAWRENCEVILLE -- Gwinnett's largest consignment sale, Kidsignments, opened its doors on Tuesday at the Gwinnett County Fairgrounds and runs until Saturday evening. Parents and children can browse through thousands of vendors' gently used merchandise.
"My wife managed to find all the clothes the kids need for the better part of the school year," Sandy Bettilyon of Villa Rica said. "By the time the March event comes (for the spring Kidsignments), they will be set for the rest of the year. I would say -- conservatively -- this cuts the cost of raising kids in half."
More than 1,400 vendors showcase clothes, toys, books and more to sell at the event at low prices, all of which are inspected by a handful of volunteers. Anything stained, soiled, ripped, or damaged is sent back to the seller. Recently recalled items are never put on the shelves.
"That's one thing I like -- they check the clothes very thoroughly," said Estella Fenn-Murray of Snellville, mother of six children.
Many moms of multiples take advantage of the variety of clothes, toys and furniture at bargain deals.
"I've been shopping here since I was pregnant with quadruplets," MaryBeth Reeves of Norcross said. "Without a question, I have to come here -- it's the best deal."
Over the next few years, the consignment could grow even larger. There are plenty of people willing to sell their children's old things and a plethora of volunteers who like to shop early.
"We have several hundred vendors on our wait list because we just don't have the space here to accommodate," said Jeri Lynn Cunningham, found of Kidsignments. "We have about 150 volunteers this year, and the more they work, the earlier they get to shop."
There are generally long lines in the check-out, but local Boy Scouts and American Heritage Girls have offered to stand in line for you with a donation of $3 for 15 minutes.
Not everything will be sold though. The sellers have a chance to take home the leftover loot or they have another choice: To leave the merchandise behind. The abandoned items are shipped over to the Lilburn Co-op to help the organization keep a closet full of clothes and other needs for the community.
"They really depend on us to meet the needs of their expectant moms, kid, and families in the area," Cunningham said.
The Gwinnett County Fairgrounds open it's gates at 7 a.m. and the warehouse doors open at 9 a.m. Sale ends Saturday at 6 p.m.
More like this story
- Spring shopping at biannual Kidsignments sale ( February 13, 2012 )
- Kidsignments back in Lawrenceville ( August 16, 2011 )
- Last day for Kidsignments sale is Saturday ( August 17, 2012 )
- Kidsignments bringing back-to-school bargains to Gwinnett Fairgrounds ( August 6, 2015 )
- Kidsignments sale runs through Saturday ( August 16, 2013 )


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Comic-Con 2011 Is Here
July 21, 2011 6:02 AM
WCCO Staff
A number of members of the WCCO staff are working to answer some o...Read More
*Posted by Dave Patel*
The annual Comic-Con show in San Diego is sold out and 130,000 people are attending. The four-day extravaganza began with a preview Wednesday night before starting today.
[CBS News]


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YWCA Great Lakes Alliance Region
Parent Organization: Ywca
Lobbying$204,000 Spent
Figures are based on lobbying activity reported to the Senate Office of Public Records. Reported dollar amounts are required to be accurate only to the nearest $20,000. For organizations whose primary business is lobbying, we display total income and top clients. For organizations that are not primarily lobbying firms, we display total amount spent on lobbying and top lobbying firms hired.
For more information, please see our lobbying methodology page.
Lobbying on Behalf of YWCA Great Lakes Alliance Region
Names of Lobbyists
Most Frequently Disclosed Lobbying Issues
- Fed Budget & Appropriations


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Minnesota native Zach Coulter is just your typical bookstore comedian/rapper/folk storyteller. Winsome charm and outstanding rhythm animate his tales of mundane insanity. Since getting his start on the basement stages of the thriving Minneapolis comedy scene Coulter has gone on to perform in such exotic locales as St. Paul and Brainerd. Coulter was the winner of the 2011 ABSOLUT Funniest Comedian Contest, was voted 2011's Audience Favorite at Sample Night Live, and was a finalist in the House of Comedy's "Minny's Got Talent" contest as one half of the comedy/hip-hop duo Valley Meadows.
Zach Coulter explains the state of sports in Minnesota, and why their teams remain so popular despite success.


text:
The National Conference of State Legislatures has a summary of introduced state legislation on universal health care.
Families USA has advocacy resources on state health care, and specifically on state expansion of health insurance.
The Universal Health Care Action Network has a State Connections section with comprehensive information on a state-by-state basis, including bills, state health facts, and information on state governments and elected officials.
Kaisernetwork has a state health facts page that contains demographic and advocacy information for each state.
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Thursday, February 28, 2013
What Is the "Ordinary" Purpose of an "Extraordinary" Product?
I recently reviewed a new decision out of West Virginia involving the implied warranty of merchantability ("IWM"), Teamsters v. Bristol Myers Squibb. Many Contracts Profs teach IWM as part of their UCC coverage but some do not. For those unfamiliar...any sale of good by a merchant comes with the IWM assuming that the state has adopted its own version of UCC 2-314. Under West Virginia law (and under the UCC), goods are "merchantable" if they "are fit for the ordinary purposes for which such goods are used." Although IWM cases are common, this case is particularly interesting (at least to me) because it involved the following issue: What is the "ordinary" purpose of a supposedly "extraordinary" product?
In Teamsters, the product was Plavix, a prescription anti-coagulant. According to the FDA, Plavix's blood-thinning properties could help treat "patients who experienced a recent heart attack [or] stroke." The drug reportedly was marketed as a superior alternative to Aspirin, a much cheaper, over-the-counter anti-coagulant taken by similar patient groups. Plaintiffs alleged that Plavix's "ordinary and intended pharmacological purpose" was "being a superior alternative to asprin for certain indicated usages." Because Plavix allegedly worked no better than Aspirin, Plaintiffs alleged breach of IWM. Defendants countered that the "ordinary purpose" of Plavix was "to act as an anticoagulant" and nothing more.
The West Virginia court agreed with Defendants. The court gave the following fact-based reasons:
"The FDA approved Plavix for its blood-thinning properties in treating patients who experienced a recent heart attack, stroke, PAD, or ACS. There is no indication that the FDA approval was related to Plavix's efficacy compared to aspirin and other alternatives. Also, this Court has reviewed the Plavix labeling information, and has found nothing on that label suggesting that Plavix's ordinary purpose was to act as a superior alternative to aspirin or Aggrenox."
These reasons were supported by citations to Williston on Contracts and other sources indicating that IWM "requires only that the goods be fit for their ordinary purpose, not that they be...outstanding or superior....or function as well as the buyer would like." Thus, because "Plaintiffs [did] not allege that Plavix was not fit for its ordinary purpose of being an anticoagulant," the IWM was not breached.
When I read the case, I wasn't entirely convinced by the cited sources because they dealt with claims involving products marketed as ordinary (as far as I could tell). I also couldn't help but think back to the (in)famous claim of Papa John's regarding its pizza--"Better Ingredients, Better Pizza--Papa John's." I recalled that being an express warranty case but it turns out that it was a Lanham Act case brought by Pizza Hut. I suppose that if a product is marketed as extraordinary, the warranty claims will be based on those assertions (whether under express warranty, false advertising, etc.) and not on IWM. So, the "ordinary" purpose of an "extraordinary" product becomes irrelevant. Regardless, I'm still a bit puzzled by the question.
[Heidi R. Anderson, h/t to student, Shawn Matter]
February 28, 2013 in Recent Cases | Permalink | Comments (0) | TrackBack (0)
U.S. Supreme Court Seems Poised to Compel Arbitration -- Again
SCOTUSblog has linked to the transcript from yesterday's oral arguments in American Express Co. v. Italian Colors Restaurants. SCOTUSblog, as always, has full materials on the case here. The issue in the case is:
Whether the Federal Arbitration Act permits courts, invoking the "federal substantive law of arbitrability," to invalidate arbitration agreements on the ground that they do not permit class arbitration of a federal-law claim.
The plaintiffs in the case are merchants who claim that American Express violates antitrust laws by requring it to accept American Express credit cards if they also accept American Express charge cards. The plaintiffs claim that, since the expense associated with individual arbitrations outweighs the individual recovery that any one merchant can expect, their claims are effectively denied if they cannot bring them as part of a class action lawsuit.
According to the New York Times' coverage, there are at least six votes on the Court for enforcing the arbitration agreements. Justice Scalia set the tone for the presumptive majority, stating on page 24 of the transcript, "I dont' see how a Federal statute is frustrated or is unable to be vindicated if it's too expensive to bring a Federal suit. That happened for years before there was such a thing as class action[s] in Federal courts. Nobody thought the Sherman Act was a dead letter, that it couldn't be vindicated." On the Times reading of the tea leaves, that position will be attractive to the five Justices who formed the majority in Concepcion, but this time Justice Breyer (pictured) also seemed inclined to reject the argument that there was no cost-effective way for plaintiffs to bring their claims through arbitration.
February 28, 2013 in Recent Cases | Permalink | Comments (0) | TrackBack (0)
Jay the Intern, Brought to You By Contracts
On last night's Colbert Report, Stephen announced that he, a company man, was contractually obligated to provide a sponsor integration for Halls Mentho-Lyptus cough drops. He does so by changing the name of his intern Jay to "Halls Mentho-Lyptus with Triple-Soothing Action Presents Jay the Intern."
The Colbert Report
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Ahh, the power of contracts.
February 28, 2013 in Television, True Contracts | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 27, 2013
New in Print
Barbara A. Atwood and Brian H. Bix, A New Uniform Law for Premarital and Marital Agreements, 46 Fam. L.Q. 313 (2012) [The Uniform Premarital and Marital Agreements Act is printed in the same issue, 46 Fam. L.Q. 345 (2012)].
Joseph A. Grundfest, The History and Evolution of Intra-Corporate Forum Selection Clauses: An Empirical Analysis. 37 Del. J. Corp. L. 333 (2012).
Michelle M. Harner and Jamie Marincic, The Naked Fiduciary, 54 Ariz. L. Rev. 879 (2012).
Ling Li, Binding Effect of Arbitration Clauses on Holders of Bills of Lading As Nonoriginal Parties and a Potential Uniform Approach Through Comparative Analysis, 37 Tul. Mar. L.J. 107 (2012).
Alan D.Miller and Ronen Perry, Good Faith Performance, 98 Iowa L. Rev. 689 (2013).
Viva R. Moffat, Making Non-Competes Unenforceable, 54 Ariz. L. Rev. 939 (2012).
J. Thomas Oldham, Would the Enactment of the Uniform Premarital and Marital Agreements Act in All Fifty States Change U.S. Law Regarding Premarital Agreements? 46 Fam. L.Q. 367 (2012).
Robert E. Rains, The Perils and Pitfalls of Marital Agreements in Multiple Legal Systems (Reviewing Marital Agreements and Private Autonomy in Comparative Perspective, edited by Jens M. Scherpe), 46 Fam. L.Q. 385 (2012).
February 27, 2013 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, February 26, 2013
Weekly Top Tens from the Social Science Research Council
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of Contracts & Commercial Law eJournal
December 28, 2012 to February 26, 2013
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of LSN: Contracts (Topic)
December 28, 2012 to February 26, 2013
February 26, 2013 in Recent Scholarship | Permalink | TrackBack (0)
Sunday, February 24, 2013
Thanks, Frank Snyder and Texas Wesleyan... Save the Date for Miami 2014
The 8th Annual International Conference on Contracts was a success! Thanks to Frank Snyder and Texas Wesleyan for organizing and hosting. All of the panels were videotaped, so we will provide a link once it is made available to us.
The blog was privileged to present a replica of the 5-foot contract from the Hobbit movie to the conference honoree, Chancellor John E. Murray. (Here's an "amazingly detailed" legal analysis of that contract, which includes a non-disclosure provision and a mandatory arbitration clause).
Next year we will trade the Lonestar State for the Sunshine State... so mark your calendars for February 22-23, 2014 at St. Thomas University School of Law in Miami... where we contracts profs will "party in the city where the heat is on, all night on the beach till the break of dawn."
[Meredith R. Miller]
February 24, 2013 in Conferences | Permalink | Comments (1) | TrackBack (0)
Thursday, February 21, 2013
A Modern Twist on R.R. v. M.H. and Statutory Interpretation?
There's a theory among some of my foodie friends that, when it comes to food, bacon makes everything better. I'm considering a similar theory for teaching Contracts via hypos: when it comes to Contracts hypos, celebrities make everything better. Hypos work. Sure, they "taste" just fine using names like "Buyer," "Client," and "Sub-Contractor," and I use those names most of the time. But using names like "Jason Patric, you know, the guy from Lost Boys and Narc" often makes the hypo better, at least for the few people over 25 who remember those movies. So, in the interest of making hypos better via celebrity a.k.a. bacon, I bring you this story from TMZ (see, you don't actually have to go to sites of ill repute; you can count on me to go to them for you and only bring you the somewhat good, quasi-clean stuff).
As TMZ reports, actor Jason Patric is in a custody dispute with his ex-girlfriend, Danielle Schreiber. Upon their break-up in 2009, Patric allegedly agreed to compensate Schreiber for her troubles via donating his sperm instead of by paying her. Presumably, in exchange for Patric's promised sperm, Schreiber would not sue Patric for support payments. Simple enough (sort of). But wait, there's more! Patric allegedly would donate his sperm to Schreiber only if she also promised not to seek support from him for the child; Schreiber agreed. If this agreement actually was reached, Schreiber must have believed that Patric's sperm was so valuable that she was willing to forgo support payments for herself and for the child that would result. [Insert skepticism here.]
How does this relate to Contracts hypos? It works as a hypo for R.R. v. M.H., which many of us use to teach how a contract can be deemed unenforceable if it violates public policy. In R.R. v. M.H., the court must decide whether to enforce the surrogacy agreement between a fertile father, married to an infertile wife, and the surrogate mother, who also happens to be married, and who was inseminated with the fertile father's donor sperm. I won't go into the case in more detail here; instead, I would like to focus one part of the case has a direct parallel to the Jason Patric dispute.
In R.R. v. M.H., a state statute provided that the husband of a married woman inseminated with donor sperm was treated as the legal father of the child, with all of the associated benefits and obligations that fatherhood carried along with it. The statute was supposed to facilitate the common practice of women being inseminated by a (usually anonymous) sperm donor. Strictly applying the statute to the facts in R.R. v. M.H. would have led to an absurd result. Specifically, it would have meant that the legal father of the child born to the surrogate would have been the surrogate's husband, who had no real interest in the child. The court wisely argued its way around that literal application and ruled differently.
The Patric dispute also involves a law of unintended consequence much like that involved in R.R. v. M.H. A California law states as follows:
"(b) The donor of semen provided to a licensed physician and surgeon or to a licensed sperm bank for use in artificial insemination or in vitro fertilization of a woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child."
Applying this law to the Patric situation could, like the law in R.R. v. M.H., produce an absurd result. Let's paraphrase the statute with applicable facts in parentheses:
"The donor of semen (Patric) for use in artificial insemenation of a woman (Schreiber) other than the donor's (Patric's) wife (they weren't married) is treated in law as if he (Patric) were not the natural father unless otherwise agreed in a signed writing."
So, even though Patric and Schreiber had been romantically involved, the formalized donation and the couple's unmarried status could negate Patric's claims to custody. It is not clear whether the statute applies and, not being admitted in California, I'd rather not analyze it further. But it always surprises me how what seems like a one-in-a-million kind of case does, in fact, repeat itself. Eventually.
[Heidi R. Anderson]
February 21, 2013 in Celebrity Contracts, Current Affairs, Famous Cases, Television | Permalink | TrackBack (0)
NY Ct of Appeals: Conflicts Analysis Obviated by Choice of Law Clause
I have been meaning to blog about IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., a New York Court of Appeals case holding that a conflict of laws analysis was obviated by the parties' choice of law clause.
IIC (a Brazilian company) owns a 60% stake in Inepar (a Uruguayan company). Inepar issued $30 million in notes to raise capital and refinance previous debt incurred by both companies. IIC agreed to guarantee the notes. The guarantee contained a clause choosing New York law to govern the agreement. New York was also designated as the venue.
Another Brazilian company (IRB/Plaintiff) purchased $14 million of the notes. When Inepar defaulted, IRB sued Inepar and IIC in New York. IIC argued that New York's choice of law principles should apply, resulting in the application of Brazilian law. Under Brazilian law the guarantee was void because it was never authorized by IIC's board.
Invoking New York General Obligations Law § 5-1401, the New York Court of Appeals held that New York law applied and no choice of law analysis was necessary. Section 5-1401(1) provides in part:
The parties to any contract . . . arising out of a transaction covering in the aggregate not less than two hundred fifty thousand dollars . . . may agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state.
The Court explained:
The Legislature passed the statute in 1984 in order to allow parties without New York contacts to choose New York law to govern their contracts. Prior to the enactment of § 5-1401, the Legislature feared that New York courts would not recognize "a choice of New York law [in certain contracts] on the ground that the particular contract had insufficient 'contact' or 'relationship' with New York" (Sponsor's Mem, Bill Jacket, L 1984, ch 421). Instead of applying New York law, the courts would conduct a conflicts analysis and apply the law of the jurisdiction with "'the most significant relationship to the transaction and the parties'" (Zurich Ins. Co. v Shearson Lehman Hutton, 84 NY2d 309, 317 [1994] [quoting Restatement (Second) of Conflict of Laws § 188 (1)]). As a result, parties would be deterred from choosing the law of New York in their contracts, and the Legislature was concerned about how that would affect the standing of New York as a commercial and financial center (see Sponsor's Mem, Bill Jacket, L 1984, ch 421). The Sponsor's Memorandum states, "In order to encourage the parties of significant commercial, mercantile or financial contracts to choose New York law, it is important . . . that the parties be certain that their choice of law will not be rejected by a New York Court . . ." (id.). The Legislature desired for parties with multi-jurisdictional contacts to avail themselves of New York law if they so designate in their choice-of-law provisions, in order to eliminate uncertainty and to permit the parties to choose New York's "well-developed system of commercial jurisprudence" (id.).
General Obligations Law § 5-1402 (1) further provides:
any person may maintain an action or proceeding against a foreign corporation, non-resident, or foreign state where the action or proceeding arises out of or relates to any contract, agreement or undertaking for which a choice of New York law has been made in whole or in part pursuant to section 5-1401 and which (a) is a contract, agreement or undertaking, contingent or otherwise, in consideration of, or relating to any obligation arising out of a transaction covering in the aggregate, not less than one million dollars, and (b) which contains a provision or provisions whereby such foreign corporation or non-resident agrees to submit to the jurisdiction of the courts of this state.
The Court wrote that:
Section 5-1402 (1) opened New York courts up to parties who lacked New York contacts but who had (1) engaged in a transaction involving $1 million or more, (2) agreed in their contract to submit to the jurisdiction of New York courts, and (3) chosen to apply New York law pursuant to General Obligations Law § 5-1401. The statutes read together permit parties to select New York law to govern their contractual relationship and to avail themselves of New York courts despite lacking New York contacts.
Applying General Obligations Law §§ 5-1401 and 5-1402 to the facts of the present case, we conclude that New York substantive law must govern, since the parties designated New York in their choice-of-law provision in the Guarantee and the transaction exceeded $250,000. IIC argues that the "whole" of New York law should apply, including New York's common law conflict-of-laws principles. IIC maintains that the Guarantee's choice-of-law provision would have had to expressly exclude New York's conflict-of-laws principles in order for New York substantive law to apply; otherwise, IIC claims that the court must engage in a conflicts analysis that results in the application of Brazilian substantive law. IIC's argument is unpersuasive. Express contract language excluding New York's conflict-of-laws principles is not necessary. The plain language of General Obligations Law § 5-1401 dictates that New York substantive law applies when parties include an ordinary New York choice-of-law provision, such as appears in the Guarantee, in their contracts. The goal of General Obligations Law § 5-1401 was to promote and preserve New York's status as a commercial center and to maintain predictability for the parties. To find here that courts must engage in a conflict-of-law analysis despite the parties' plainly expressed desire to apply New York law would frustrate the Legislature's purpose of encouraging a predictable contractual choice of New York commercial law and, crucially, of eliminating uncertainty regarding the governing law.
IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., (NY Ct of Appeals Dec. 12, 2012).
[Meredith R. Miller]
February 21, 2013 in Recent Cases | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 20, 2013
New in Print
Kenneth A. Adams, A Manual of Style for Contract Drafting (3d ed., 2013)
Browning Jeffries, Preliminary Negotiations or Binding Obligations? A Framework for Determining the Intent of the Parties, 48 Gonz. L. Rev. 1 (2012/13)
Michael J. Davidson, , Lt. Col. (Ret.), U.S. Army, The Twenty-Third Major Frank B. Creekmore Lecture: Where We Came From and Where We May Be Going. 211 Mil. L. Rev. 263 (2012)
Zhiyong Liu, and Ronen Avraham, Ex Ante Versus Ex Post Expectation Damages, 32 Int'l Rev. L. & Econ. 339 (2012)
About a year ago this time, we posted about Melissa Lonegrass's presentation at the Seventh Annual International Conference on Contracts, which was held in San Diego. We now happily note that the published version is now available:
Melissa T. Lonegrass, Finding Room for Fairness in Formalism— The Sliding Scale Approach to Unconscionability, 44 Loyola U. Chic. L. J. 1 (2012)
And speaking of the Annual International Conference on Contracts, the schedule for the Eighth International Conference on Contracts, coming up this weekend, is available here.
February 20, 2013 in Conferences, Recent Scholarship | Permalink | TrackBack (0)
Tuesday, February 19, 2013
Weekly Top Tens from the Social Science Research Council
RECENT HITS (for all papers announced in the last 60 days)
TOP 10 Papers for Journal of Contracts & Commercial Law eJournal
December 20, 2012 to February 18, 2013
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TOP 10 Papers for Journal of LSN: Contracts (Topic)
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February 19, 2013 in Recent Scholarship | Permalink | TrackBack (0)
Monday, February 18, 2013
Are Contracts to Blame for Rising Mortality Rates on Downton Abbey?
February 18, 2013 in Celebrity Contracts, Commentary, In the News, Television | Permalink | Comments (0) | TrackBack (0)
Teaching Sales 7: Valparaiso Students Revolt Against Entrustment Doctrine
My mild-mannered students became unexpectedly ferocious during last week's class when we discussed entrustment doctrine last week. UCC § 2-403(3) defines "entrustment" as follows:
"Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.
Notwithstanding the clearly expansive nature of the doctrine, my students would not accept that, for example, a mechanic with whom you had left your car for repairs could sell same car and your only remedy against the mechanic (under the UCC) would be a suit for damages. When I informed them of the true state of the law, their outrage was unquenchable.
"You could still have the authorities pursue criminal charges for theft," I offered.
Not good enough.
Backing away from the lectern and eyeing the emergency exit, I pleaded, "There are likely state statutory protections that would enable you to recover the car. After all, the buyer is going to have a problem when he tries to register title to the car."
Still not satisfied.
Finally, left with no other choice, I threw Karl Llewellyn under the bus. "Look, I just teach this stuff," I said. "I didn't draft the UCC. Blame Karl! Blame Karl!! Blame Karl!!!!
I put up a white flag from the teaching station that I was hiding behind to avoid the projectiles headed my way, and then it came to me. "Wait," I said. "Let's talk about Kahr v. Markland." In that case, a man gave Goodwill a bag of clothes. Unbeknowst to him, the bag also included valuable sterling silver. The court held there had been no entrustment because Kahr intended to donate the clothes but not the silver. It's reasoning is as follows:
An entrustment requires four essential elements: (1) an actual entrustment of the goods by the delivery of possession of those goods to a merchant; (2) the party receiving the goods must be a merchant who deals in goods of that kind; (3) the merchant must sell the entrusted goods; and (4) the sale must be to a buyer in the ordinary course of business. ( Dan Pilson Auto Center, Inc. v. DeMarco (1987), 156 Ill. App. 3d 617, 621, 509 N.E.2d 159, 162.) The record establishes there was no delivery or voluntary transfer of the sterling silver because plaintiffs were unaware of its place in the bags of clothes.
My students were appeased. Ahhh.
But wait! Whence the court's notion that "there was no delivery or voluntary transfer"? Saying that there was no delivery in this case is more than a stretch. It's simply factually untrue. And saying that the transfer was not voluntary turns on what the term "voluntary," means. Nobody put a gun to Kahr's head. He just made a mistake. In any case, voluntariness is not an element of the test for entrustment as laid out by the Kahr court.
Of course, I merely thought all these things. I didn't say them for fear of my students' wrath.
But how about this hypothetical based on personal experience: I donate a bunch of books to Goodwill, including an old copy of Atlas Shrugged with a hideous paper cover on it. One week later, my wife asks me where her copy of Atlas Shrugged is. Since she is always after me to clear away old books that we are not going to read or re-read, I proudly announce that I delivered it to Goodwill.
Her jaw drops. "But that was a first edition bearing the inscription, "I know who John Galt is, It's you. Yours, with a passion hot enough to forge Rearden steel, Ayn." We rush to Goodwill, but we are too late. The book was snapped up faster than a locomotive powered by an engine that transforms atmospheric static electricity into kinetic electricity. Did I entrust it to Goodwill?
There is a bit of a discussion of the Kahr case on The Faculty Lounge blog.
February 18, 2013 in Commentary, Famous Cases, Teaching | Permalink | Comments (0) | TrackBack (0)
Friday, February 15, 2013
What Does the Cruise Contract Say?
CNN's Erin Burnett did some intrepid reporting and "went to book a cruise . . . on Carnival so we could look at the contract..." The contract apparently says that, even after 5 days of being stuck on a disabled ship with no electricity or plumbing, "you're out of luck":
Shute v. Carnival Cruise Lines reprise?
[Meredith R. Miller]
February 15, 2013 in Film Clips, In the News, Television, Travel | Permalink | Comments (1) | TrackBack (0)
Thursday, February 14, 2013
A Valentine's Day Poem
The brochure for the wildlife sanctuary cried out to us: "Be Stalked By a Mountain Lion!" So we went, foregoing opportunities to be served by a sommelier, pounded by a masseuse, guided by a docent or entertained by a performer.
When we arrived at the sanctuary, and I announced to the ticket taker that we would like to be stalked by a mountain lion, he looked confused. Craning his neck to shout a question to someone who made something above minimum wage, he said, "Do we have a mountain lion?"
"That's the cougar," came the disinterested response.
"Oh," said the ticket taker. "He hides a lot."
My heart sank, but we trudged on. We weren't stalked, and while I contemplated a breach of warranty claim, my wife wrote a poem. Indiana Poet Laureate, Karen Kovacik is featuring that poem today on her blog, No more corn, as a Valentine's Day poem. We reproduce it here:
On Not Being Stalked by a Mountain Lion
BE STALKED BY A MOUNTAIN LION! said the brochure.
But we weren't stalked,
Although for a lazy hour along the path
We strolled and talked--
Totally helpless, as you pointed out,
Pitifully clueless, meant for lion-prey
(Apart from the fence and the ditch too broad to leap
Even for mountain lions). You scanned the sway
And shadow play of branches for a glimpse
Of that quicksilver shape--
O the rising unease, the chills, the chase, the last-
Minute, hairsbreadth escape!
"He's probably sleeping," the gate attendant shrugged
When you complained
No icy green-gold gaze had pricked our necks.
Later it rained,
And we drove back and chased each other into bed
And slept an hour or two.
There was nothing boring about not being stalked
By a mountain lion with you.
This poem originally appeared in Able Muse Review.
February 14, 2013 in Miscellaneous | Permalink | Comments (0) | TrackBack (0)
Wednesday, February 13, 2013
New in Print
Uri Benoliel, Rethinking the U.S. Supreme Court's Abandonment Requirement in Mac's Shell Service Inc. v. Shell Oil Products. 43 Rutgers L.J. 77 (2011/2012)
Lisa J. Bernt, Tailoring a Consent Inquiry to Fit Individual Employment Contracts, 63 Syracuse L. Rev. 31 (2012)
Jeffrey C. Bright, Unilateral Attorney's Fees Clauses: A Proposal to Shift to the Golden Rule, 61 Drake L. Rev. 85 (2012)
Eli Bukspan, Extreme Makeover -- Contract Law Edition: A New Home for Human Rights and Social Responsibility (Lessons from Israel). 7 Intercultural Hum. Rts. L. Rev. 329 (2012)
Jeff Dasteel, Arbitration Agreements that Discriminate in the Selection and Appointment of Arbitrators. 11 Rich. J. Global L. & Bus. 383 (2012)
Thomas W. Foley, Freedom of Contract vs. the Right to Work: An Analysis and Some Thoughts on Iowa's Covenant Not to Compete Law. 61 Drake L. Rev. 205- (2012)
Kieran Healy and Kimberly D. Krawiec, Custom, Contract, and Kidney Exchange, 62 Duke L.J. 645 (2012)
Steven Feldman, Employment-at-Will and Employee Handbooks: Distinguishing Employee Contractual Rights and Company Workplace Policies, Tennessee Bar Journal, 49-FEB Tenn. B.J. 18 (2013)
Daniel I. Gordon, The Twenty-Seventh Gilbert A. Cuneo Lecture in Government Contract Law, 210 Mil. L. Rev. 103 (2011)
David A. Hoffman and Alexander S. Radus, Instructing Juries on Noneconomic Contract Damages. 81 Fordham L. Rev. 1221 (2012)
February 13, 2013 in Recent Scholarship | Permalink | TrackBack (0)
Tuesday, February 12, 2013
A Limerick for Locke
I recently covered the implied duty of good faith and fair dealing in part through the fun case of Locke v. Warner Bros. In Locke, the LA County Superior Court found that Warner Brothers' alleged failure to even consider Ms. Locke's movie proposals could violate the implied duty of good faith and fair dealing in their contract. Although Warner Brothers was not obligated to produce Ms. Locke's projects, it was obligated to exercise its discretionary power regarding her proposals in good faith. If Warner Brothers had, as Ms. Locke alleged, never actually considered her proposals, it would have violated their contract.
After Ms. Locke survived summary judgment, the case later settled. Prior to that time, Ms. Locke also had suggested that Warner Brothers never seriously considered her proposals as a favor to her ex, Clint Eastwood. Locke and Eastwood had worked together on the movie, The Outlaw Josey Wales (poster pictured to the right), and cohabitated for several years therafter. When the two actors split, Eastwood allegedly convinced Warner Brothers to give Locke the "first look" deal as part of his settlement with her and perhaps had even reimbursed Warner Brothers for the money it paid to Locke under its deal with her.
Inspired by this tale of love and faith lost, student Catherine Witting crafted the following limerick and authorized me to share it with the world.
Locke sued the Dubya B,
Saying "Don't you patronize me!
Clint may pay the bill,
But discretion is still
Subject to good faith guarantee!"
For a more recent case that tracks the facts of Locke, see this post regarding director John Singleton from 2011.
February 12, 2013 in Celebrity Contracts, Famous Cases, Limericks, Teaching | Permalink | TrackBack (0)
Teaching Sales 6: Another Problematic Case
Yesterday, I bellyached about a Ninth Circuit opinion with which I disagree. Today, I would like to complain about a Second Circuit decision with which I disagree, although not quite so passionately. The case is Bayway Refining Co. v. Oxygenated Marketing and Trading. The relevant facts are pretty simple. Oxygenated Marketing and Trading (OMT) send an order to Bayway Refining Co. (Bayway) for 60,000 barrels of a gasoline blendstock. Bayway sent a conflirmation that specified all of the relevant terms of the agreement and also included the following language:
Notwithstanding any other provision of this agreement, where not in conflict with the foregoing, the terms and conditions as set forth in Bayway Refining Company's General Terms and Conditions dated March 01, 1994 along with Bayway's Marine Provisions are hereby incorporated in full by reference in this contract.
Bayway's General Terms included a "Tax Clause" that required the purchaser to pay all taxes associated with the transaction. OMT never asked for and Bayway never sent a copy of its General Terms. Bayway then sent the blendstock and OMT accepted delivery. The taxes associated with the transaction came to nearly $500,000. Bayway paid the tax and then sued OMT to recover.
The Second Circuit correctly saw the outcome of the case as turning on the battle of the forms. Under UCC § 2- 207(1), Bayway's confirmation constitutes an acceptance of OMT's offer even though it contained additional terms. Under 2-207(2), because both parties are merchants, the additional terms become part of the contract unless one of three exceptions apply. The relevant exception in this case is materiality. The Second Circuit correctly noted that the Tax Clause was not per se material, in that there was no clear legal rule that had already determined such clauses to be material. So the Court proceeded to determine materiality based on a common law test, under which a clause is material if it causes surprise or (perhaps) hardship.
The court defined "surprise" as meaning that "under the circumstances, it cannot be presumed that a reasonable merchant would have consented to the additional term." The court found that no surprise occurred in this case because provisions like the Tax Clause were common (although not universal) in the industry. New York law is not clear on whether hardship is an element of its materiality analysis for the purposes of the battle of the forms. The Second Circuit did not reach the issue because it found that OMT could not show hardship in this case. OMT claimed hardship because "it is a small business dependent on precarious profit margins, and it would suffer a loss it cannot afford." The Second Circuit was unmoved because "any loss that the Tax Clause imposed on OMT is limited, routine and self-inflicted."
I have two problems with the Second Circuit's analysis. First, its discussion of surprise did not address the fact that clause at issue was part of an agreement incorporated by reference and never shared with OMT. While that fact might not change the outcome in the case, since the court found the evidence of industry practice convincing enough to put OMT on constructive notice, it strikes me as at least worthy of mention in the context of a discussion of surprise.
Second, I think the court could have treated the Tax Clause as relating to price. Industry practice suggested that sometimes contracts like the one at issue in the case included language like the Tax Clause, but in other cases the tax was just added to the price of the product. If OMT's original order included a price term, then Bayway's confirmation containing a price term plus the Tax Clause introduces not an additional term but a different term. I think the best reading of UCC § 2-207(2) suggests that different terms knock each other out. We then proceed to § 2-207(3) to enforce a contract consisting of the agreed-upon terms plus any additional terms the UCC can provide. The court should have been able to then determine the fair market price for the 60,000 barrels of a gasoline blendstock. Such an approach might have resulted in a Solomonic ruling or it might have made clear that one party or the other was trying to pull a fast one.
February 12, 2013 in Commentary, Famous Cases, Teaching | Permalink | Comments (2) | TrackBack (0)
Update: Maher Takes Aim at Trump's Lawyer
We had previously blogged about the demand letter that Donald Trump sent to Bill Maher. Maher dedicated a segment on his show to the dispute, taking aim at Trump's lawyer. Maher begins: "Donald Trump must learn two things: what a joke is and what a contract is."
The segment is reminiscent of the Leonard v. Pepsico decision when Judge Wood takes on the task of explaining why the harrier jet commercial was "evidently done in jest." Here, Maher continues the humor in explaining why it was parody when challenged Trump to prove that he (Trump) was not born of an orangutan.
Here's the clip:
[Meredith R. Miller]
February 12, 2013 in Celebrity Contracts, Current Affairs, Film Clips, In the News, Television | Permalink | Comments (0) | TrackBack (0)
Weekly Top Tens from the Social Science Research Council
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TOP 10 Papers for Journal of Contracts & Commercial Law eJournal
December 13, 2012 to February 11, 2013
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TOP 10 Papers for Journal of LSN: Contracts (Topic)
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February 12, 2013 in Recent Scholarship | Permalink | TrackBack (0)
Monday, February 11, 2013
Teaching Sales 5: White v. Summers and Diamond Fruit Growers
Last week, I taught an infuriating case called Diamond Fruit Growers v. Krack Corp. The case infuriates me not only because I think the Ninth Circuit bungled the battle of the forms so as to eliminate the UCC's § 2-207's important innovations and replaced them with with a rule unknown in either the code or the common law, but because James White, co-author with Robert Summers of the standard treatise on the Uniform Commercial Code, endorses the opinion. I can't understand why. Summers disagrees with his co-author but without the passion or incredulity that I think the context demands.
The parties to the contract at issue had been doing business together for ten years. Metal-Matic provided metal tubing for Krack's air conditioning business. The parties' practice was that Krack would send Metal-Matic an annual estimate of its needs, and Metal-Matic would send back its own acknowledgment form disclaiming warranties and consequential damages. Moreover, capitalizing on the langauge of § 2-207(1), Metal Matic's form included the following: "Metal-Matic, Inc.'s acceptance of purchaser's offer or its offer to purchaser is hereby expressly made conditional to purchaser's acceptance of the terms and provisions of the acknowledgment form."
The effect of that language under the UCC should be to make Metal-Matic's response into a counter-offer which would govern the parties' transactions once Krack, having notice of the terms, had accepted delivery. In this case, we know that Krack had notice of the terms, because it tried to get Metal-Matic to remove the disclaimer of warranties and limitations of damages, and Metal-Matic refused to do so. Having continued to accept delivery on that basis, Krack should be bound by Metal-Matic's terms.
Krack delivered some air conditioning units to Diamond Fruit Growers, but some of the Metal-Matic tubing failed, causing harm to Diamond Fruit Growers products. Diamond sued Krack and Krack turned around and filed a third-party complaint againts Metal-Matic. Metal-Matic's disclaimers and limitations on damages were now in play.
The court noted the important principle of neutrality underlying § 2-207. In contrast to the common law mirror image rule and last shot rule, the UCC is designed to avoid privileging either the offer or the counter-offer. Determining that it therefore could not give effect to Metal-Matic's unilaterally imposed terms, it looked to the UCC, as is proper under § 2-207(3), to supply the missing terms of the contract that had been formed by the parties' conduct. Since the UCC does not provide for limitations of damages and disfavors disclaimers of warranties, the court found that Metal-Matic's terms were out.
The court was focused on avoiding a return to the common law's last shot rule:
That result is avoided by requiring a specific and unequivocal expression of assent on the part of the offeror when the offeree conditions its acceptance on assent to additional or different terms. If the offeror does not give specific and unequivocal assent but the parties act as if they have a contract, the provisions of section 2-207(3) apply to fill in the terms of the contract.
The are numerous problems with this approach. Most obvsiouly, the UCC does not require a specific and unequivocal expression of assent by the offerer to additional terms. It certainly could have done so if the framers of the UCC so intended. More fundamentally, the result at which the court arrives is inconsistent with the principle of neutrality at the heart of the UCC"s approach to the battle of the forms. Indeed, the court's solution to the problem presented advantages the offeror far more than did the common law. Under the court's approach, the offeror is not only master of the offer; she is master of the transaction, and the offeree can do nothing through its writings to add terms to the contract.
The court suggests that allowing Metal-Matic to prevail in this situation would be arbitrary because it would turn only on which party sent the form last. But that is not so. Metal-Matic conditioned its acceptance on Krack's assent to its terms. Krack did not do likewise. Sticking to the language of the forms at issue in this transaction, Metal-Matic's terms would govern regardless of the order in which the parties exchanged forms. Here we have two sophisticated parties who knew what they were about. Metal-Matic insisted on its terms and Krack acquiesced because it needed the tubing.
The outcome of the case thus seems extremely unfair. Although I don't think it changes the UCC analysis, one might feel differently about the equities in the case if Krack were unaware of the terms and accepted the goods thinking that they were warranted, etc., but that was not the case here. Krack took the goods knowing the terms on which it accepted them. The court should not bail out commercial parties in these circustances, and courts do not bail out consumers who are bound by shrink-wrap terms to which they never expressly and unequivocally assent.
But James White, in § 2-13 of the White and Summers Treatise suggests otherwise, apparently on the ground that the UCC does not recognize acceptance by performance in this context. That's very odd, because the UCC is all about the liberalization of rules, including rules of offer and acceptance. As Summers points out, even the common law recognizes acceptance by performance and Summers sees no injustice given the parties' conversation about the disputed terms. White thinks the proper remedy for seller is to refuse to ship until buyer assents to its terms, but since a straight reading of the UCC would give a seller no reason to think such express assent necessary, I do not think Metal-Matic was on notice of that requirement.
February 11, 2013 in Commentary, Famous Cases, Teaching | Permalink | Comments (2) | TrackBack (0)


text:
Copyright 2014 Orange County Register
All Rights Reserved
The tale of UC Irvine's "Superfan" has gone national with the Wall Street Journal weighing in on its front page, turning the long-haired fanatic with a "No. 1" finger pointed to the sky into one of its famous dotted images.
And the story may have a happy ending after all ... if Keith Franklin, the obsessive fan of UC Irvine's baseball team since 2002, follows some rules, according to the school.
Franklin, 49, was known to cheer loudly and often, attend games religiously and rush the field on special occasions. Such was the case Feb. 23 when he ran to the pitcher's mound to congratulate the coach on his 1,000th win. Only this time, Franklin was escorted off the field by security and told not to return. He asked for his season tickets to be refunded. With that he was banished.
Now that the Anteaters are in the playoffs, there aren't any more home games for Franklin to attend, even if he wanted to. But the school told the newspaper that it is open to discussing his return next season.
"But there would be certain parameters he would have to agree to," Cathy Lawhon, the university's director of media relations, said Friday. "I cannot tell you what those parameters are." Those specific parameters "will be discussed with Mr. Franklin at the appropriate time," according to the school's statement to the Wall Street Journal.
Anyone who might have been able to describe those parameters was said to be in Oregon for the first round of NCAA playoffs that started for the Anteaters with a game Friday afternoon against UNLV. Irvine prevailed, 10-3.
You know who else was there? Keith Franklin. Karen Crumlich, the mother of former Anteaters baseball player D.J. Crumlich, paid for Franklin's flight and hotel when the team earned its playoff berth, the Wall Street Journal reported.
On Twitter earlier this month, D.J. Crumlich said he was "ashamed to be an Anteater" because of what the UC Irvine athletics department had done "to the best fan in college baseball #FreeSuperfan."
UC Irvine's earlier statement on Franklin's ouster insists that the school is "not in the business of keeping fans away from our home events."
It didn't mention hope of a possible return for Franklin, at the time, but did mention that UCI appreciated his enthusiasm.
"However, he has been stretching the rules of our stadium fan-conduct policy for several years and he crossed the line earlier this season, in late February, with threatening, aggressive behavior and language directed at our staff as well as law enforcement officers," the statement said at that time.
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- Womens Sports
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Cornerstone's Travis Mabe and Jared Courtright raced shoulder to shoulder through the first half of the race, keeping the pace just under six minutes per mile. In the second half, the conditions became a factor as ten competitors abandoned the race. Travis and Jared slowed to over six minute pace but continued around 20th place. In the final miles, Mabe moved slightly ahead reaching the finish in 2:41.07.60 in fifteenth, more than four minutes faster and thirteen places better than 2011. Courtright completed his first 26.2 mile race in 2:43.07.80 in nineteenth place.Saturday afternoon, Louis Falland began the 3,000 meter steeplechase finals. As he did in Thursday's semi-finals, Falland waited at the back of the pack as the race unfolded. With 1,000 meters to go, Louis moved up to eleventh, then tenth one lap later. In the final 400 meters he passed ninth, still 50 meters out of eighth. Then with 250 meters to go, Southern Oregon's Dennis McCaffrey, turned and looked over his shoulder to see if anyone was close. Falland saw the look and immediately accelerated. McCaffrey struggled over the final water barrier with 150 meters left as Louis kept pushing. With 100 meters of track remaining, Falland was still 20 meters back and had one more barrier to jump. Digging hard made the hurdle, put his head down and charged for home. McCaffrey, clinging to his shrinking lead, was starting to wobble as Falland approached. Dennis drifted toward lane two in an effort to force Falland farther outside. Twenty meters from the finish, Falland drew even and McCaffrey leaned to his right. As their shoulders made contact the combination of Falland's momentum an dMcCaffery's fatigue send the Oregon senior tumbling to the track. An official standing ten feet away put up his yellow flag as Falland reached the finish in what appeared to be eighth place, the last All-America spot.
The official met with the running referee on the infield then the referee went to the press box. After ten tense minutes the result was official: Falland eighth in 9:26.52.
Cornerstone's remaining entrant in the meet was Ryan Versen in the 400 meter hurdle finals. Seeded seventh after the semi-finals, Versen set his blocks in lane three. At the start he got out well, with a good view of his competition in the outside lanes. On the homestretch, the top four had a slight gap while Ryan fought for the next spot. He reached the line in 52.28, 1/100 ahead of WHAC rival, Brandon Reynard Indiana Tech. Versen's fifth place finish earned him his first All-America plaque and four more points for the Golden Eagles.
Shorter took the team title with 93 points. Cornerstone tied for 19th with 14 points out of 63 scoring teams.


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Washington Nationals' Tom Gorzelanny drives a base hit to right field to drive in a run against the San Diego Padres during the eighth inning of a baseball game on Wednesday, April 25, 2012, in San Diego. It was the second run driven in by a Nationals' pitcher. (AP Photo/Lenny Ignelzi)


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Search for donations
You can use the search options below to find organizations to make donations to. You can use any combination of the options provided below to narrow your search.
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ARCH (Autism Resource Community Hub) - ELWYN
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It has updated notes on enc 3-4, based on a playtest I did of it.
Good luck and happy sword-swinging!
In order to head off any typo issues that come up with the next encounters, I thought I'd come post them long before they come up. Also, DMs, check through these two encounters and let me know if you see any issues. Questions and clarifications are much better made here than on the day in question!
First, a couple general notes:
Font of Healing: These last encounters have been grueling, so throw your PCs a bone and let them regain 2 healing surges if they have 2 surges or below. My best recommendation for this is to have the pools of water in H.10 (see page 40) be fonts of healing. They still inflict 2 cold damage at a touch, but they also restore 1 healing surge to each PC who braves the cold, or 2 surges to a PC who has 2 surges or fewer remaining. Each PC can only benefit from this healing once this season.
Notes to Encounter 3-3:
Scaling: If you have a weak party, drop one of the skeletons. If you have a strong party, add one skeleton. If you are concerned that the encounter as presented is too tough for a normal party (5 2nd level PCs), drop one of the tomb motes—this will require they all gang up on one PC to get their tomb tactics ability off, but that in itself is extremely deadly, so maybe they shouldn't!).
Illumination: Not a fix, but remember that the area is darkness except for what's noted.
Treasure: It isn't clear from this line, but the box marked "C" on the map is where the treasure is.
Notes to Encounter 3-4:
[sblock]Page 40: Make sure you refer to this page. The PCs should have a chance to see the cavern choker before the fight, and if they dispose of it—or even just hurt it—that will make the battle a lot easier.
Scaling: This is an exception to the scaling rules as presented at the beginning of the module, just because this encounter is so tough. It's pretty much scaled for a strong party as presented.
If you have a weak party (4 or fewer PCs of any level, 2+ PCs in the party lower than 2nd level, 2+ players who are new to the game, or you lack one of the four party roles: defender, striker, leader, controller), then remove the deathjump spider or the cavern choker (your choice) and one of the elf archers.
If you have a normal party (5 PCs of 2nd level), then remove one of the elf archers to bring it down to a more standard level 4 encounter.
If you have a strong party, go nuts!
XP typo: The encounter is actually worth 950 xp, not 900, making it a tough level 4 encounter. Each PC should still get 190 xp for participating in the encounter.
Initial box text: There hasn't been mention of a portal key before, so you should revise what Xeres says to this: "Come and die then, lesser creatures," he calls. Then, in his other hand, he holds up a gleaming silver key similar to those you used in the chambers above. It glows brightly and you recognize it as a device to open a portal. "Or stay back and starve to death in this place, if you be cowards."
Xeres's portal key allows the PCs to leave the dungeon and live to fight another day (after you read the ending, of course).
Development: Waking Fayne: Give your PCs some clue that helping Fayne can help them in the encounter. They should have figured it out by now, but in case they haven't, there you go. Turning off Xeres's aura makes a big difference in the encounter (see below for a further note as to the aura). And though it says "she does not take further standard actions", you should feel free to have her intercede when necessary if you think it's dramatic and/or appropriate.
UndergroundRiver: If a creature happens to be immobilized (such as from Xeres' Lightning Binding) when it saves against the river's current, it may still shift out of the river, and is just immobilized on the shore. The shifting does not represent actual movement in this case, but rather just pulling yourself to safety. Otherwise, a DM could interpret this to mean that a PC who is immobilized and dunked in the river might save against the river but still be immobilized and thus just caught in the current again at the beginning of its next turn—in effect, the PC has to make two saving throws *at once* in order to escape.
Waterfall Pit: The last line of this note regards if you want to expand the module with your group in later adventures. It does not pertain to the DDE series.
Xeres: His powers got a little typo'd, or at least they are unclear based on the MM2+ style of presenting powers. So here we go:
Offensive Warding (radiant): Add the following line: "If Xeres's aura is ever deactivated, he suffers -3 to his AC until the end of the encounter." This is to play up the swordmage flavor, and also as an olive branch to PCs who are having a devil of a time hitting him.
Vicious Broadsword: Damage is correct, but crit: 1d12+14 damage; remove the "and slide target 1 square" effect. (Sliding a PC into the river every turn is overpowered and, frankly, a bit silly.) If you still like the concept, nerf it to a luring strike: "1d10+4 damage, Xeres shifts one square and slides the target into the square he just left."
Sword Burst: Damage die is wrong; should be 1d6+4 damage, crit: 1d12+10 damage.
Lightning Binding and Hellfire do not benefit from the vicious weapon property. They could, but that would just be overkill.
Languages: Xeres speaks Abyssal, not Infernal (which I'm pretty sure doesn't actually exist as a language in 4e)
Deathjump Spider: This monster is widely thought to be pretty overpowered, so consider making its "Death from Above" an encounter power or at least recharge 5 6, rather than an at-will.
Also, thanks to everybody--DM and player alike--for sticking with it. I know there were ups and downs, but I hope there were more ups than downs, and that folks had fun amongst the bloody mayhem!


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Girl survives fall from Golden Gate Bridge
Updated: 04/18/2011 - Officials say a 16-year-old girl has survived a fall from San Francisco's Golden Gate Bridge.
Updated: 04/18/2011 - Officials say a 16-year-old girl has survived a fall from San Francisco's Golden Gate Bridge.
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Updated: 04/15/2011 - The U.S. House of Representatives prepares to vote on the Republican budget plan presented by Rep. Paul Ryan (R-Wis.)
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Posted: 04/15/2011 - A powerful storm system is moving into the Deep South this morning, after producing a tornado that killed two people in Oklahoma and four more in Arkansas.
Updated: 04/14/2011 - A 2-year-old boy was accidentally served sangria instead of orange juice at a central Florida Olive Garden and was taken to the hospital.
Posted: 04/14/2011 - More expensive gas, cars and furniture pushed wholesale prices higher last month.
Updated: 04/14/2011 - A day after announcing his proposal to cut the U.S. deficit by $4 trillion, President Barack Obama will meet with the co-chairmen of his bipartisan deficit-reduction commission.
Posted: 04/13/2011 - Police are looking into whether a suspect in the killings of four women in California also killed three little girls in New York state.
Posted: 04/13/2011 - An Oregon man is in a Colorado jail after police say he sexually assaulted a woman in a deserted concourse at Denver International Airport.
Posted: 04/13/2011 - A hospital official in Yemen says security forces opened fire during clashes with anti-government protesters in a southern port city, killing one and wounding four people.
Posted: 04/13/2011 - President Barack Obama plans to meet with congressional leaders this morning to outline his deficit reduction plan. Then he'll deliver a speech in the afternoon.
Posted: 04/12/2011 - The $38 billion in budget cuts agreed to by congressional leaders and the White House aren't all new.
Posted: 04/12/2011 - The body of a man washed out to sea last month when the tsunami from Japan hit the Northern California coast has been found more than 300 miles north in Oregon near the mouth of the Columbia River.
Posted: 04/12/2011 - Japan's government is acknowledging what had already been widely understood -- that the crisis at a damaged nuclear plant is the second worst in history.
Posted: 04/11/2011 - An Associated Press investigation shows that in the year since the Gulf oil spill, officials along the coast have gone on a spending spree with BP money, dropping tens of millions of dollars on gadgets, vehicles and gear - much of which had little to do with the cleanup.
Posted: 04/11/2011 - Authorities investigating the blast at a fireworks storage bunker that killed five people intend to question the facility's operators and hope to finally be able to enter the unstable site.


text:
Tim Meadows Live at Off the Hook Comedy
Tim Meadows is a comedian, impressionist and performer who was born on February 5, 1961 in Highland Park, Michigan. The son of a janitor and a nurse's assistant, he would later go on to pursue higher learning at Wayne State University. After graduating, he started out his career in show business with The Second City comedy troupe, together with the late Chris Farley. Meadows is also an alumnus of the Chicago-based ImprovOlympic improvisation group, where he worked together with the likes of Farley, Jon Favreau, and Rachel Dratch. In 1991, Meadows became a featured player of the long-running comedy series Saturday Night Live, appearing regularly on the show all the way to 2000. Among the other television productions he has acted in are The Bill Engvall Show , Everybody Hates Chris , and The Office . He has also had roles in feature films such as Coneheads, Wayne's World 2, Walk Hard: The Dewey Cox Story, Semi-Pro, and The Ladies Man.
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Singer Ben Harper Files for Divorce From Laura Dern
Celebrity News Oct. 10, 2010 AT 12:19PM
Two-time Grammy Award winner Ben Harper has filed for divorce from his wife of five years, actress Laura Dern.
TMZ.com reports the singer "blindsided" Dern, 43, with the court papers late Friday, citing irreconcilable differences.
VIDEO: The week's top celeb headlines
Petitioning a judge to deny Dern spousal support, Harper, 40, also claims that the couple separated in January.
PHOTOS: Shocking Hollywood splits
The couple have two children, son Ellery, 9, and daughter Jaya, 5.


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You can find here some users comments about the missed call number 7068051777. If there are no entries about the phone number 7068051777 than you can post your own experiences and set the call type. Feel free to comment that phone number.
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Tickets & Session Times:
Tickets are $42 +tax/fee each when purchased online in advance of the event. If tickets still remain, they will be $60 on event day at the door (cash only). Ticket price includes a souvenir tasting glass marked with a 2 oz. pour line and beer tasting.
Everyone who purchases a ticket will get in. No tickets will be sold once the event sells out. We have limited the number of attendees to insure that everyone that purchases a ticket will be able to sample the beers they want and move around with ease.
Tickets include a 5 oz. tasting glass with a 2 oz. pour line and the freedom to walk the festival and sample beer from participating breweries. Designated drivers do not receive a tasting glass and are not permitted to sample any beer. Food will be available for purchase during each session.
All Attendees must show valid photo I.D at the door to be admitted. You must be 21 or older to attend this event. No Exceptions! No children, toddlers, infants, strollers, or pets are permitted. All ticket purchases are final sale, no refunds or exchanges.
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text:
Community Action
Who's On The Mat
From The Heart
Go further than your body. Reach out of yourself. Let Manduka guide you.
-Magnus Ringberg
Åhus, Sweden
Let's Connect
Jen Lowery
St Petersburg, FL
Why Manduka?: I wasted a lot of money on different mats over the years that eventually just fell apart. I love that my Manduka never will. It's the only mat I ever recommend.
What does your Manduka help you #practice?: My Manduka helps me practice Love.
Yoga Style: Power Vinyasa
Practice with me here: Yoga Etc Studio
Recent Updates
Jen loves to teach a strong, sweaty, and spiritual yoga class while at the same time remembering not to take the whole thing too seriously! She believes that having fun on the mat is much more important than the position of our fingertips and toes, and that we should use our yoga as a path to strengthen our joy, gratitude, and compassion about everything else.
She is so grateful to have had the opportunity to spend hundreds of hours practicing with and learning from some of the greatest teachers in the country. She completed a 200 hour training with master teacher Jonny Kest, and continues to study with him regularly. She has also been greatly influenced by Rolf Gates, Bryan Kest, Shiva Rea, and her philosophy teacher, the late Georg Feuerstein.
For Jen, teaching yoga is a labor of love. The intent is always to serve, to give what was so freely given, to heal and to be healed.