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Jackson v. Segwick Claims Mgmt Serv., Inc., No. 10-1453 (6th Cir. 2012)Annotate this Case
Justia Opinion Summary
Two former employees of Coca-Cola claim that they were injured while performing their jobs. They reported their injuries to Coca-Cola's third-party administrator for worker's compensation claims, Sedgwick, which denied benefits. Plaintiffs claim that the medical evidence strongly supported their injuries, but that Sedgwick engaged in a fraudulent scheme involving the mail: using Dr. Drouillard as a "cut-off" doctor. They sued alleging that the actions of Sedgwick, Coca-Cola, and Dr. Drouillard violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961(1)(B), 1962(c), and 1964(c). The district court dismissed. The Sixth Circuit reversed and remanded, noting that since the dismissal, several of the issues were resolved by its 2012 opinion in another case. The district court misapplied the elements of a RICO cause of action to the plaintiffs' allegations. The court declined to abstain from exercising jurisdiction pending the outcome of state workers comp proceedings. The alleged acts have the same purpose: to reduce Coca-Cola's payment obligations towards worker's compensation benefits by fraudulently denying worker's compensation benefits to which the employees are lawfully entitled. The allegations suggest that the defendants' scheme would continue on well past the denial of any individual plaintiff's benefits
The court issued a Revised version of this opinion on September 24, 2013.
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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 12a0378p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT _________________ X CLIFTON E. JACKSON; CHRISTOPHER M. SCHARNITZKE, on behalf of themselves and all other persons similarly situated, No. 10-1453 Plaintiffs-Appellants, > , v. SEGWICK CLAIMS MANAGEMENT SERVICES, INC.; COCA-COLA ENTERPRISES, INC., foreign corporations; DR. PAUL DROUILLARD, jointly and severally, Defendants-Appellees. N Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 09-11529 Nancy G. Edmunds, District Judge. Argued: July 19, 2011 Decided and Filed: November 2, 2012 Before: BATCHELDER, Chief Judge; GUY and MOORE, Circuit Judges. _________________ COUNSEL ARGUED: Marshall Lasser, MARSHALL LASSER, P.C., Southfield, Michigan, for Appellants. Kathleen H. Klaus, MADDIN HAUSER WARTELL, ROTH & HELLER, P.C., Southfield, Michigan, Matthew F. Leitman, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Troy, Michigan, Daniel B. Tukel, BUTZEL LONG, Detroit, Michigan, for Appellees. ON BRIEF: Marshall Lasser, MARSHALL LASSER, P.C., Southfield, Michigan, Jeffrey T. Stewart, SEIKALY & STEWART, P.C., Southfield, Michigan, for Appellants. Kathleen H. Klaus, MADDIN HAUSER WARTELL, ROTH & HELLER, P.C., Southfield, Michigan, Matthew F. Leitman, Thomas W. Cranmer, MILLER, CANFIELD, PADDOCK AND STONE, P.L.C., Troy, Michigan, Daniel B. Tukel, BUTZEL LONG, Detroit, Michigan, Michael F. Smith, THE SMITH APPELLATE LAW FIRM, Washington, D.C., for Appellees. Mark F. Horning, Jeffrey M. Theodore, STEPTOE & JOHNSON LLP, Washington, D.C., for Amici Curiae. 1 No. 10-1453 Jackson et al. v. Segwick et al. Page 2 MOORE, J., delivered the opinion of the court, in which GUY, J., joined, and BATCHELDER, C. J., joined in the judgment. BATCHELDER, C. J. (pp. 21 25), delivered a separate opinion concurring in the judgment, which GUY, J., joined. _________________ OPINION _________________ KAREN NELSON MOORE, Circuit Judge. Clifton Jackson and Christopher Scharnitzke are former employees of Coca-Cola Enterprises ( Coca-Cola ) who claim that they were injured while performing their jobs. When they reported their injuries to Coca-Cola s third-party administrator for worker s compensation claims, Sedgwick Claims Management Service ( Sedgwick ),1 Sedgwick denied them both benefits. The plaintiffs claim that the medical evidence strongly supported their injuries, but that Sedgwick engaged in a fraudulent scheme involving the mail and in the case of Jackson using Dr. Drouillard as a cut-off doctor to avoid paying benefits to injured employees. The plaintiffs sued in federal court alleging that the actions of Sedgwick, Coca-Cola, and Dr. Drouillard violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961(1)(B), 1962(c), and 1964(c) ( RICO ). The district court dismissed the lawsuit. Since the district court s dismissal, several issues on this appeal were resolved by our opinion in Brown v. Cassens Transport Co., 675 F.3d 946 (6th Cir. 2012) ( Brown II ). We also disagree with the district court s application of the elements of a RICO cause of action to the plaintiffs allegations in the complaint. We therefore REVERSE the district court s judgment and REMAND the case for further proceedings consistent with this opinion. I. BACKGROUND Clifton Jackson was employed by Coca-Cola when he allegedly injured his lumbosacral spine at work in September 2007. R. 2 (Am. Compl. ¶ 31A) (Page ID #39). 1 The caption says Segwick but the company spells it Sedgwick. No. 10-1453 Jackson et al. v. Segwick et al. Page 3 Jackson was treated at the Henry Ford Hospital by Dr. Shlomo Mandel, a specialist in the lower back. Dr. Mandel determined that the work-related injury rendered Jackson disabled. In May 2008, Sedgwick requested a second opinion by Dr. Terry Weingarden, an expert paid for by the defendants. Dr. Weingarden also determined that Jackson was disabled from a work-related injury. Id. Sedgwick asked Dr. Weingarden to review Jackson for a second time, and Dr. Weingarden again determined that Jackson was disabled. Id. After obtaining three reports confirming Jackson s disability, in January 2009, Sedgwick mailed a letter to Jackson requesting yet another examination, this time by Dr. Paul Drouillard. Id. (Page ID #40). Plaintiffs allege that Dr. Drouillard is not a back surgeon and was hired by Sedgwick as a cut-off doctor to provide false medical reports and participate in a scheme dishonestly to deprive Coca-Cola employees of their statutory benefits under the Michigan Worker s Disability Compensation Act ( WDCA ), Mich. Comp. Laws § 418.301. Id. at ¶¶ 12, 13, 15, 31. After Jackson met with Dr. Drouillard, Dr. Drouillard mailed a report to Sedgwick stating that Jackson was not disabled. Dr. Drouillard s report contains three statements by Jackson regarding the scope of his pain that Jackson claims he never made and several conclusions about the nature of Jackson s physical injury that Jackson claims are wholly unsupported by the medical evidence. Id. at ¶ 31A. Sedgwick relied on this report to terminate Jackson s benefits. Christopher Scharnitzke was employed as a truck driver when he allegedly injured his shoulder because of, he claims, extensive lifting at work. He ceased working from August 2007 to February 2008 due to the injury, but did not seek worker s compensation for that time. Id. at 31B (Page ID #41-42). From 2004 to 2007, on three separate occasions, he reported to his family doctor that he experienced left shoulder pain while doing heavy lifting at work. In August 2007, Dr. Marc Milia, an orthopedic surgeon, observed similar pain from the work Scharnitzke was performing. The doctor performed an MRI and diagnosed Scharnitzke with acromioclavicular arthritis. Dr. Milia treated Scharnitzke and authorized him to return to work in February 2008. No. 10-1453 Jackson et al. v. Segwick et al. Page 4 Scharnitzke continued to work until March 4, 2008, when he experienced instant pain in his left shoulder while pulling a 300-pound two-wheeler cart of product up a flight of stairs. He was sent to the company s clinic, Concentra Medical Center, that same day. Id. (Page ID #42). On March 11, 2008, the Concentra doctor observed that Scharnitzke had a minor work aggravation and a chronic shoulder problem. Id. (Page ID #43). The Concentra records concluded that Scharnitzke was disabled due to his shoulder condition and referred Scharnitzke back to his orthopedic surgeon. The records were sent to Sedgwick, which then mailed a notice of dispute claiming that his March treatment was not related to a work injury but was instead due to acromioclavicular arthritis. Id. Scharnitzke alleges that Sedgwick had no information at that time to suggest his March injury was related to arthritis and not the minor work aggravation indicated in the Concentra records, which should have entitled him to worker s compensation. Id. Sedgwick and Coca-Cola continued to deny Scharntizke benefits after receiving numerous updates from Dr. Milia about the nature of Scharnitzke s injuries. In April 2009, Sedgwick received a note from Dr. Milia, Scharnitzke s orthopedic surgeon, clarifying that [h]is current shoulder disability . . . was caused by the 13 years of repetitive heavy lifting and pulling required by Mr. Scharnitzke s job at Coca-Cola, and was also caused by the injury at work on 3/3/08. Id. (Page ID #44). After receiving Dr. Milia s note, Sedgwick continued to deny Scharnitzke benefits. Scharnitzke and Jackson both filed petitions for benefits with Michigan s Workers Compensation Agency Board of Magistrates (the Board ). We were informed at oral argument that Jackson settled his benefits claim shortly after the district court dismissed his RICO suit. On May 13, 2010, the Board awarded Scharnitzke benefits starting from the injury in March 2008 until July 2009, but found no evidence that his prior leave from July 30, 2007 to February 11, 2008, was work related. Scharnitzke v. Coca-Cola Enters., Inc. (May 13, 2010), available online at http://www.dleg.state.mi.us/WCA/PDFS/Opinions_051409/2010/scharnitzke.christop her.5.13.10.pdf. The Workers Compensation Appellate Commission affirmed in part No. 10-1453 Jackson et al. v. Segwick et al. Page 5 and reversed in part, agreeing that Scharnitzke was entitled to benefits starting in March 2008 but only through January 2009. Scharnitzke v. Coca-Cola Enters., Inc., No. 10-0061 (May 11, 2011), available online at http://www.dleg.state.mi.us/ham/wcac/11pdfa/07400061.pdf. Both parties sought leave to appeal the decision before the Michigan Court of Appeals, which was granted on March 1, 2012. Scharnitzke v. Coca-Cola Enters., No. 304515 (Mich. Ct. App.). As of the time of filing, briefing appears completed but no decision has been issued. In April 2009, Jackson and Scharnitzke filed suit together in the U.S. District Court for the Eastern District of Michigan seeking equitable and monetary relief under RICO. Jackson brought his claim against Sedgwick, Coca-Cola, and Dr. Drouillard; Scharnitzke sued just Sedgwick and Coca-Cola. The plaintiffs amended their complaint once as of right to include a request for class certification. R. 2 (Am. Compl. at 22) (Page ID #45). They later sought leave to file a second amended complaint adding another plaintiff, Paul Lulek, who also wanted to sue Sedgwick and Dr. Drouillard, identifying additional predicate acts of mail fraud, and adding a claim of RICO conspiracy. See R. 44-1 (2d Am. Compl. ¶¶ 30A, 31, 31C). Meanwhile, the defendants filed a motion to dismiss. The district court granted the defendants motions to dismiss and denied leave to amend the complaint on the basis of futility. Jackson v. Sedgwick Claims Mgmt. Servs., Inc., No. 09-11529, 2010 WL 931864 (E.D. Mich. Mar. 11, 2010). The district court held that the plaintiffs claims could be dismissed on the basis of three alternative grounds: (1) RICO does not provide a remedy that is functionally an end run around the exclusive procedures and remedies provided for under the WDCA; (2) the plaintiffs claims were not ripe; and (3) the plaintiffs failed to state a cognizable RICO claim. Jackson, 2010 WL 931864, at *14. The district court also determined that if the plaintiffs had stated a valid RICO claim, the Burford-abstention and primary-jurisdiction No. 10-1453 Jackson et al. v. Segwick et al. Page 6 doctrines would require staying the federal proceedings pending the outcome of the plaintiffs claims before the state Board. Jackson and Scharnitzke timely appealed.2 II. RICO CLAIM A. Standard of Review We review de novo the dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6). Center for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365, 369 (6th Cir. 2011), cert. denied, 132 S. Ct. 1583 (2012). To satisfy the pleading requirements of Federal Rule of Civil Procedure 8(a)(2), the complaint must contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief. Fed. R. Civ. P. 8(a)(2). In reviewing a complaint, we accept all the allegations of the plaintiff s complaint as true and consider whether such allegations are sufficient to state a claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). This standard requires more than an unadorned, the-defendant-unlawfully-harmed-me accusation. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement. 3 Id. (internal quotation marks omitted). A plaintiff must allege enough facts to state a claim to relief that is plausible on its face. Twombly, 550 U.S. at 570. Because RICO claims require proof of mail or wire fraud as an element, the plaintiffs must also satisfy the heightened particularity requirements of Federal Rule of Civil Procedure 9(b) with respect to the elements of fraud. Rule 9(b) states that [i]n alleging fraud or mistake, a party must state with particularity the circumstances 2 The plaintiffs appealed from the order granting the motion to dismiss and denying leave to amend, but they do not make any arguments with respect to their motion for leave to amend until their reply brief. However, in many instances, the district court considered the proposed amendments when analyzing the motion to dismiss, the grant of which is appealed and discussed at length. Therefore, to the extent the district court s motion-to-dismiss analysis relies on the proposed amendments, we will consider them on appeal rather than deem those arguments waived. We leave it to the parties and the district court whether leave to amend should be reconsidered on remand. 3 The plaintiffs argue that the heightened pleading standard in Twombly is inapplicable to smallscale, civil RICO cases, in which the discovery expenses are less than in large-scale antitrust cases. This argument is untenable. After Iqbal, we apply the plausibility standard across the board. 556 U.S. at 684. No. 10-1453 Jackson et al. v. Segwick et al. Page 7 constituting fraud or mistake. Heinrich v. Waiting Angels Adoption Servs., Inc., 668 F.3d 393, 403 (6th Cir. 2012) (quoting Fed. R. Civ. P. 9(b)).4 This includes alleging the time, place, and content of the fraudulent acts, the existence of a fraudulent scheme, the intent of the participants in the scheme, and the injury resulting from the fraud. Id. (internal quotation marks omitted). B. Threshold Issues Several issues in this case were recently resolved by our opinion in Brown II, 675 F.3d 946. We address these arguments, as well as the inapplicability of the RookerFeldman doctrine and the various other abstention doctrines, before turning to the elements of a RICO claim and the sufficiency of the plaintiffs pleadings. 1. Relationship Between RICO and WDCA The district court s holding that RICO cannot provide a remedy for mail fraud in the context of obtaining worker s compensation is untenable in light of our recent opinion in Brown II, 675 F.3d 946. In Brown II, we held that the Supremacy Clause preempts the Michigan legislature from eliminating a RICO remedy simply by declaring its worker s compensation scheme to be exclusive of federal remedies.5 [T]he predicate offense for the RICO action is mail fraud, not the denial of worker s compensation. Id. at 954. It is therefore irrelevant whether the WDCA provides a state administrative remedy for addressing the fraudulent denial of worker s compensation benefits. Nor 4 The plaintiffs also argue that, by invoking Rule 11(b)(3), they should be entitled to discovery before their complaint is dismissed for lack of particularly under Rule 9(b). See Brown v. Cassens Transp. Co., 546 F.3d 347, 356 n.4 (6th Cir. 2008) ( Brown I ) (citing cases but declining to decide the issue), cert. denied, 130 S. Ct. 795 (2009). Because we hold that the plaintiffs have adequately pleaded a RICO claim, we again decline to resolve this issue. 5 The concurrence makes the unsubstantiated assertion that in a worker s compensation program, employees relinquish the right to litigate all claims in exchange for no-fault insurance coverage. However, Howard Delivery Service v. Zurich American Insurance Co., 547 U.S. 651 (2006), the case upon which the concurrence relies, merely stands for the proposition that worker s compensation programs protect the employer from common-law tort claims related to the alleged workplace injury. Id. at 662 63. Here, the plaintiffs do not seek to litigate, or relitigate, tort-based workplace-injury claims. Rather, the plaintiffs are challenging what they allege to be a fraudulent administrative process by which one seeks to make a worker s compensation claim to Sedgwick. A civil RICO claim not only includes elements distinct from those in a common-law tort claim, but also must withstand heightened scrutiny under Rule 9(b) pleading standards. In sum, the worker s compensation program does not offer complete immunity to an employer, and this action is not a second bite at the apple, as the concurrence intimates. No. 10-1453 Jackson et al. v. Segwick et al. Page 8 does the existence of a state administrative scheme that does not provide for such a right of action trump the availability of remedies under RICO as it might in the context of a parallel federal administrative scheme. [T]he fact that a scheme may violate state laws does not exclude it from the proscriptions of the federal mail fraud statute. Id. at 95455 (quoting Parr v. United States, 363 U.S. 370, 389 (1960)). This is because enabling statutes for state agencies, passed by state legislatures, say nothing about Congress s intent with regard to RICO. Id. at 955. Simply put, Michigan cannot limit the scope of a federal RICO cause of action. Id. Some of the defendants arguments are slightly different than the ones we addressed in Brown II. Coca-Cola and Dr. Drouillard point us to 28 U.S.C. § 1445(c), which prohibits removing to federal court civil suits arising under the workmen s compensation laws of any state. However, even if § 1445(c) changes the analysis, this case was not removed under § 1445(c); therefore, the statute simply does not apply. In the ripeness portion of its brief, Coca-Cola imports the clear-statement rule from criminal RICO cases. Coca-Cola contends that Congress must speak with special clarity before a federal statute may be construed in a manner that displaces a policy choice made by a State. Appellee Coca-Cola Br. at 25 (internal quotation marks and alteration marks omitted). The cases that Coca-Cola cites, however, are concerned with the sweeping expansion of federal criminal jurisdiction, not civil. Cleveland v. United States, 531 U.S. 12, 24 (2000) (emphasis added). Furthermore, Cleveland held that state licenses are not property of the state within the meaning of the mail-fraud statute because the state s interest is regulatory in nature. Id. at 22. As we discuss below, the state has created an entitlement to the property in question in the individual recipient.6 Any lack of clarity about the mail-fraud statute as applied in Cleveland is simply not present in this case. 6 The concurrence contends that Brown II incorrectly enables an employee s workplace injury to satisfy the RICO requirement that the injury be to business or property. This assertion misconstrues the holding in Brown II in order to manufacture a disagreement on an issue not before this court. There is no dispute that an allegation of workplace injuries is insufficient by itself to support a civil RICO claim. Here, as in Brown II, the plaintiffs allege a property interest in bringing a worker s compensation claim free of fraud i.e., they allege a devaluation of a statutory expectancy of worker s compensation benefits. This theory of liability as pleaded by the plaintiffs is entirely distinct from a run-of-the-mill tort claim in which a plaintiff seeks damages apart from worker s compensation based on a personal injury at work. No. 10-1453 Jackson et al. v. Segwick et al. Page 9 2. The Plaintiffs Injuries are Ripe We held in Brown II that injured Michigan employees acquire a property interest in worker s compensation when employers learn of their employees physical injuries. Brown II, 675 F.3d at 963. The fraudulent denial of these benefits causes injury to this property interest, and the value of the lost property interest is readily ascertainable it is the value of the worker s compensation that the plaintiff was entitled to receive under the WDCA s scheme for calculating benefits. See Fleischhauer v. Feltner, 879 F.2d 1290, 1299 (6th Cir. 1989) (RICO damages must be established by competent proof, not based upon mere speculation and surmise ), cert. denied, 493 U.S. 1074 (1990); see also Holmes v. Sec. Investor Prot. Corp., 503 U.S. 258, 265-68 (1992) (requiring RICO violation proximately cause plaintiff s injuries). Because the injury occurs at the time of the fraudulent denial of benefits, the plaintiffs claims in this case were ripe at the time they filed their lawsuit. The district court therefore erred in determining that the plaintiffs injury is conjectural and hypothetical until they have proven their entitlement in state proceedings. Jackson, 2010 WL 931864, at *21 & n.33, *22 & n.34. That is not to say that the state proceedings will be irrelevant; however, they will affect the amount of damages the plaintiffs are entitled to receive rather than the existence of the damages in the first place. By the time we issued our opinion in Brown II, all of the plaintiffs there had settled their worker s compensation claims with their employer. In such cases, we stated that the primary damages would be the difference between the amount the plaintiffs received in settlement and the amount they would have received but for the fraud. 675 F.3d at 967. This calculus remains applicable in this case because Jackson has also settled his claims. Scharnitzke, on the other hand, has already received a ruling that he is entitled to some benefits, a ruling which is being appealed. The outcome of that appeal may certainly be relevant on the amount of damages that Scharnitzke may receive in this case, but the possibility of future mitigation of damages No. 10-1453 Jackson et al. v. Segwick et al. Page 10 does not make the injury itself less ripe at the time it occurred (or the total value of the damages less ascertainable).7 We acknowledge that one of our sister circuits currently disagrees with this approach. The Second Circuit has adopted a rule that RICO claims are not ripe until the amount of damages becomes clear and definite. First Nationwide Bank v. Gelt Funding Corp., 27 F.3d 763, 768 (2d Cir. 1994), cert. denied, 513 U.S. 1079 (1995). But to the extent that this rule has been followed by other circuits, the focus has been on the speculative nature of the damages themselves and not their amount. See Evans v. City of Chicago, 434 F.3d 916, 932 (7th Cir. 2006) (adopting standard but focusing on indirect nature of injuries rather than their amount); Maio v. Aetna, Inc., 221 F.3d 472, 495 (3d Cir. 2000) (holding no RICO cause of action because factual predicate necessary for damages to be incurred at all too speculative); DeMauro v. DeMauro, 115 F.3d 94, 97-98 (1st Cir. 1997) (adopting clear and definite standard but focusing on existence of damages in the first place). Other circuits have simply declined to adopt this rule as overly rigid. Potomac Elec. Power Co. v. Elec. Motor & Supply, Inc., 262 F.3d 260, 265 (4th Cir. 2001) ( The best reading of § 1964(c) s injury to business or property requirement is that it refers to the fact of injury and not the amount. ), cert. denied, 535 U.S. 927 (2002); Grimmett v. Brown, 75 F.3d 506, 516-17 (9th Cir. 1996) (holding error to equate a situation where the injury is speculative because it is not known whether it will occur at all to a situation where the injury has occurred and is known, but it is speculative whether the damages might be reduced or even eliminated by alternative recovery efforts ), cert. dismissed, 519 U.S. 233 (1997); see also Liquidation Comm n of Banco Intercontinental, S.A. v. Renta, 530 F.3d 1339, 1350-51 (11th Cir. 2008) (noting that even Second Circuit rule does not make a RICO injury unripe based solely on the mere possibility of recovery in a state proceeding); PAUL A. BATISTA, CIVIL RICO PRACTICE MANUAL 7 It is unclear from where the concurrence derives its statement that we would use as evidence of entitlement to damages the fact that an employee had settled his or her claim with the employer. In fact, Brown II restricts plaintiffs from recovering damages under a civil RICO claim that they had already received as part of the settlement agreement. 675 F.3d at 967. No. 10-1453 Jackson et al. v. Segwick et al. Page 11 § 4.22[D] (3d ed. 2008) ( [Gelt is] a case to which the Second Circuit rigidly adheres and which most other circuits tend to ignore or downplay. ). As the Ninth Circuit noted, the Second Circuit s clear and definite amount rule was taken from an earlier Second Circuit case that held that a plaintiff s claims were not ripe if the plaintiff might recover damages from a pending bankruptcy proceeding. Grimmett, 75 F.3d at 516 (citing Bankers Trust Co. v. Rhoades, 859 F.2d 1096, 1105 (2d Cir. 1988)). Like the Ninth Circuit, we also have similar precedent directly contradicting that rule. In Isaak v. Trumbull Savings & Loan Co., 169 F.3d 390 (6th Cir. 1999), we held that the plaintiffs RICO claim accrued for statute of limitations purposes at the time the scheme was completed, because that was when the injuries became ascertainable and definable. Id. at 396-97. Citing Grimmett, we held that [t]he possibility that Plaintiffs might have been able to recover some of the damages during the course of the bankruptcy proceedings does not negate the existence of injury at the time of the bankruptcy filing. Id. at 397. We are not at liberty to depart from this precedent here today. The plaintiffs injuries were definite and ascertainable at the time of the allegedly fraudulent denial of their benefits. Any speculative future recovery in state proceedings may affect the amount of damages the plaintiffs can receive, but has no bearing on the accrual of a cause of action under RICO. The plaintiffs claims are ripe. 3. Rooker-Feldman Doctrine Dr. Drouillard argues that the Rooker-Feldman doctrine also justifies dismissing Jackson s RICO claim because Jackson in essence will be challenging an unfavorable ruling by the state s WDCA Board. Drouillard Appellee Br. at 44-47. This argument was raised, however, before Jackson settled his claims. Because there is no longer the potential of a state decision for Jackson to challenge, Rooker-Feldman has no potential applicability to Jackson. The remaining defendants have not raised the issue of RookerFeldman as a bar to Scharnitzke s claims. However, because the doctrine relates to subject-matter jurisdiction, we briefly explain why the doctrine does not bar our review. No. 10-1453 Jackson et al. v. Segwick et al. Page 12 Rooker-Feldman applies to cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). Put differently, [t]he pertinent question . . . is whether the source of the injury upon which plaintiff bases his federal claim is the state court judgment. In re Squire, 617 F.3d 461, 465 (6th Cir. 2010) (internal quotation marks omitted). Here, however, the source of the injury was the initial fraudulent denial of benefits. As we have already discussed at length both in this opinion and in Brown II, the source of the injury here is that fraudulent denial of benefits, not any future state-court judgment. 4. Abstention Doctrines The district court held that, if the plaintiffs claims survived a motion to dismiss, it would stay the proceedings pending a final determination of Plaintiffs eligibility for worker s compensation benefits under the WDCA. Jackson, 2010 WL 931864, at *14. Because Jackson s claim has settled, abstention is no longer an issue for his claims. Scharnitzke was awarded benefits, and his claims are pending on appeal. For many of the reasons already discussed, however, abstention is not warranted in this case. a. Burford Abstention Federal courts may invoke Burford abstention when the State s interests are paramount and [the] dispute would best be adjudicated in a state forum. Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 728 (1996) (citing Burford v. Sun Oil Co., 319 U.S. 315 (1943)). When a complaint seeks only monetary damages, the doctrine justifies a stay, not a dismissal. Id. at 719. Burford abstention is not necessary here because the RICO inquiry does not present difficult questions of state law nor would it be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern. Rouse v. DaimlerChrysler Corp. UAW Non-Contributory Plan, 300 F.3d 711, 716 (6th Cir. 2002). This complaint seeks only monetary damages relating to mail fraud, not additional worker s compensation. Burford abstention therefore does not apply. No. 10-1453 Jackson et al. v. Segwick et al. Page 13 b. Primary Jurisdiction The primary-jurisdiction doctrine also does not apply here. The doctrine applies when enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views. United States v. W. Pac. R.R. Co., 352 U.S. 59, 64 (1956). Because Jackson and Scharnitzke have a property interest notwithstanding the resolution of their underlying claims to worker s compensation benefits, the primaryjurisdiction doctrine does not apply. C. Elements of a RICO Claim The district court also dismissed the plaintiffs claims for failing adequately to plead the many requirements that make up a RICO claim. We disagree. 1. Existence of an Enterprise The plaintiffs complaint identified five potential RICO enterprises, each involving different combinations of the defendants. R. 2 (Am. Compl. ¶ 9) (Page ID #26). The primary enterprise consisted of [t]he workers compensation personnel at the workers compensation claims departments at Sedgwick and Coke, handling Michigan workers compensation claims and associating in fact, including, among others, La Tara Lewis, the Sedgwick employee who mailed the request for a third medical examination to Jackson. Id. The alternative enterprises consisted of (1) Sedgwick s personnel handling claims, (2) Sedgwick s personnel and Dr. Drouillard, (3) Sedgwick s and CocaCola s personnel and Dr. Drouillard, (4) and any workers-compensation attorneys that participated in the fraud. Id. (Page ID #27). The plaintiffs pleaded that each of these enterprises, acting alone or in concert, existed for the purpose of defrauding plaintiffs of their workers compensation benefits . . . for many years. Id. at ¶ 10. The district court assumed that the pleadings adequately established an enterprise, although it deemed such a determination highly questionable in part due to the plaintiffs choice to plead six enterprises in the alternative. Jackson, 2010 WL No. 10-1453 Jackson et al. v. Segwick et al. Page 14 931864, at *23. Equivocation about the constitution of the enterprise, however, does not undermine the plausibility of the pleadings. A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient. Fed. R. Civ. P. 8(d)(2); Jordan v. City of Cleveland, 464 F.3d 584, 604 (6th Cir. 2006) ( Lawyers cannot preordain which claims will carry the day and which will be treated less favorably. Good lawyering as well as ethical compliance often requires lawyers to plead in the alternative. ). A RICO enterprise includes any union or group of individuals associated in fact . . . for a common purpose of engaging in a course of conduct. Boyle v. United States, 556 U.S. 938, 944 (2009). The association must have structure, meaning a purpose, relationships among those associated with the enterprise, and longevity sufficient to permit these associates to pursue the enterprise s purpose. Id. at 946. Any one of the plaintiffs combinations of the defendants and various other parties would be sufficient to establish a RICO enterprise under this broad standard. The complaint sufficiently alleges the existence of multiple people acting in concert over a period of time with the purpose of perpetuating the RICO fraud. Brown II, 675 F.3d at 968. 2. Participation in the Enterprise A RICO claim must sufficiently allege that the defendants each conduct[ed] or participate[d], directly or indirectly, in the conduct of [an] enterprise s affairs to establish liability under 1962(c). Reves v. Ernst & Young, 507 U.S. 170, 185 (1993). The district court concluded that the plaintiffs had failed adequately to plead that either Coca-Cola or Dr. Drouillard sufficiently participated in the enterprise. According to the district court, the plaintiffs did not allege non-conclusory facts to establish that CocaCola and Dr. Drouillard engaged in conduct connected to the operations or management of the enterprise, a requirement for RICO claims. Jackson, 2010 WL 931864, at *24. The allegations sufficiently establish Dr. Drouillard s involvement in the enterprise for the same reasons we held that the allegations in Brown II sufficiently established the alleged cut-off doctor s involvement in that case. Dr. Drouillard No. 10-1453 Jackson et al. v. Segwick et al. Page 15 allegedly did more than just conduct his own affairs, as the district court held. Id. His evaluations were not objective medical reports and instead, he allegedly fraudulently slanted his medical evaluations to serve the purposes of the enterprise. Brown II, 675 F.3d at 968; see also R. 2 (Am. Compl. at ¶¶ 12-16) (alleging Dr. Drouillard was hired to write cut off reports for Coca-Cola and Sedgwick by reliably stating a claimant did not have a work-related disability whether or not such disability actually existed ). Although the allegations are that Coca-Cola and Sedgwick made the ultimate decision to deny benefits, the allegations are sufficient to establish that Dr. Drouillard participated in the operation or management of the enterprise. Coca-Cola also participated in the enterprise. The plaintiffs alleged that personnel in Coca-Cola s worker s compensation department worked with Sedgwick falsely to administer the claims by Coca-Cola employees. Id. at ¶ 9. Coca-Cola also routinely used and relied on the false medical reports of cut-off doctors such as Dr. Drouillard fraudulently to terminate benefits and regularly communicated with Sedgwick concerning the desire of Coke and Sedgwick to obtain a [cut-off] report. Id. at ¶ 13 (Page ID #28). Coca-Cola with others then misrepresented to the plaintiffs through the use of the mail that the cut-off doctors were independent. Id. at ¶ 15 (Page ID #29). While many options remain regarding the scope of Coca-Cola s involvement, we do not agree with the district court that these allegations are conclusory. Jackson, 2010 WL 931864, at *24. As with Dr. Drouillard, Coca-Cola need not have handled the administration of the plaintiffs claims in order to be involved in the operational or management affairs of the enterprise. See Brown II, 675 F.3d at 968. 3. Pattern of Racketeering To establish a pattern of racketeering activity under 18 U.S.C. § 1962(c), the plaintiffs must show at a minimum, two acts of racketeering activity withing ten years of each other. Heinrich, 668 F.3d at 409 (citing 18 U.S.C. § 1961). The plaintiff must also show that the predicate acts are related, and that they amount to or pose a threat of continued criminal activity. Id. (quoting H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229, 237-39 (1989)). Here, the district court held that the plaintiffs had sufficiently alleged No. 10-1453 Jackson et al. v. Segwick et al. Page 16 nine predicate acts of racketeering activity, but held that even if such acts were related, the plaintiffs failed to demonstrate a continued threat of criminal activity. a. Predicate Acts The district court considered both the Amended Complaint and the Proposed Second Amended Complaint and held that the plaintiffs have alleged with sufficient particularity nine predicate acts of mail fraud. Jackson, 2010 WL 931864, at *27. Even if we consider just the Amended Complaint, these acts included: (1) the mailing on or about July 22, 2008, by Coca-Cola and Sedgwick of a knowingly false notice of dispute of Scharnitzke s benefits; (2) the mailing on January 6, 2009, by La Tara Lewis of Sedgwick to Jackson requesting an independent medical examination by Dr. Drouillard who was not in fact independent; (3) the mailing of a false medical report on or about January 14, 2009, by Dr. Drouillard to the state agency and by Sedgwick to Jackson. R. 2 (Am. Compl. ¶¶ 31A, 31B). We agree that each of these acts is alleged with sufficient particularity to constitute mail fraud under RICO. Heinrich, 668 F.3d at 403. The defendants raise two arguments on appeal relating to the sufficiency of the individual predicate acts, both of which the district court declined to resolve below. Jackson, 2010 WL 931864, at *14 n.27. First, Dr. Drouillard argues that the plaintiffs must plead that each defendant committed two predicate acts, as opposed to the enterprise as a whole having committed at least two predicate acts. He cites no case law in support of this argument, and we have found none. See Moon v. Harrison Piping Supply, 465 F.3d 719, 724 n.2 (6th Cir. 2006) (declining to decide issue). Indeed, requiring two acts by each defendant is contrary to the instructions in Reves that someone can participate in an enterprise directly or indirectly in violation of RICO. Reves, 507 U.S. at 185. Second, the defendants argue that the plaintiffs RICO claims fail for the independent reason that the plaintiffs have failed to allege that the defendants deceived the plaintiffs into giving up their property rights by their actions. Coca-Cola Br. at 11, 21. The plaintiffs admit that they were not deceived by the actions of the defendants; No. 10-1453 Jackson et al. v. Segwick et al. Page 17 rather, they argue that a misrepresentation is not an element of mail fraud, and even if it is, they have alleged numerous misrepresentations by the defendants both to themselves and to the Board.8 The defendants argument appears at odds with Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. 639 (2008), which disposed of the first-party reliance requirement in RICO claims. Id. at 659.9 However, because both of these arguments were not addressed by the district court, we leave it to the district court to consider on remand whether either of the arguments has any merit. b. Acts are Related The district court, without deciding the issue, indicated that [t]he relatedness of the predicate acts alleged by Plaintiffs is a close call. Jackson, 2010 WL 931864, at *28. We believe the list of nine predicate acts identified by the district court are sufficiently related. Acts are related for RICO purposes if they have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events. H.J. Inc., 492 U.S. at 240. 8 The plaintiffs correctly state the law on this matter. The concurrence insinuates that but for Brown II, the court would not be bound by the principle that one can establish a civil RICO claim without establishing the traditional elements of common-law fraud. Even without Brown II, however, the concurrence would remain bound by this principle given the following discussion in Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. 639 (2008): First, as explained above, the predicate act here is not common-law fraud, but mail fraud. Having rejected petitioners argument that reliance is an element of a civil RICO claim based on mail fraud, we see no reason to let that argument in through the back door by holding that the proximate-cause analysis under RICO must precisely track the proximate-cause analysis of a common-law fraud claim. Reliance is not a general limitation on civil recovery in tort; it is a specialized condition that happens to have grown up with common law fraud. That specialized condition, whether characterized as an element of the claim or as a prerequisite to establishing proximate causation, simply has no place in a remedial scheme keyed to the commission of mail fraud, a statutory offense that is distinct from common-law fraud and that does not require proof of reliance. Id. at 655 56 (internal quotation marks and citations omitted). It is thus unclear how this court would not be bound by this principle but for Brown II. 9 The concurrence accuses the Brown II opinion of selectively quoting Bridge for the proposition that reliance is not always required in order to establish a RICO violation. Somewhat ironically, the quotation relied upon and paragraphs cited by the concurrence in making this point conveniently omit the contradictory surrounding text, including in one instance a clause in the same sentence. As any careful reader would discern, the Court in Bridge unequivocally determined that reliance is not necessary for a civil RICO claim: the fact that proof of reliance is often used to prove an element of the plaintiff s cause of action, such as the element of causation, does not transform reliance itself into an element of the cause of action. 553 U.S. at 659 (internal quotation marks omitted). No. 10-1453 Jackson et al. v. Segwick et al. Page 18 The relationship standard is meant to be broad, not narrow. Brown v. Cassens Transp. Co., 546 F.3d 347, 354 (6th Cir. 2008) ( Brown I ), cert. denied, 130 S. Ct. 795 (2009). The acts alleged here are related in the same manner as the allegations we examined in Brown I. At a minimum, [t]hey have the same purpose: to reduce [Coca-Cola s] payment obligations towards worker s compensation benefits by fraudulently denying worker s compensation benefits to which the employees are lawfully entitled. Id. at 355; Moon, 465 F.3d at 724. c. Continuity The district court concluded that despite the number of predicate acts, the plaintiffs had failed adequately to plead a pattern of racketeering because of a lack of continuity. Continuity can be based on an open-ended or closed-ended theory. The district court held that the plaintiffs failed to allege either. Jackson, 2010 WL 931864, at *30. We disagree. Under H.J. Inc., a plaintiff shows closed-ended continuity by proving a series of related predicates extending over a substantial period of time. 492 U.S. at 242. In Moon, we held that the plaintiff had failed to allege closed-ended continuity because the only scheme alleged was the one to terminate his own worker s compensation benefits. Moon, 465 F.3d at 726. We held that such a scheme was no more indicative of longterm criminal conduct than a single scheme relating to a single disputed contract. Id. (quoting H.J. Inc., 492 U.S. at 242). In Brown I, on the other hand, similar allegations of worker s compensation fraud were sufficient to establish closed-ended continuity because the allegations established a series of related predicate acts that span well over three years. 546 F.3d at 355. Here, the pattern in the complaint more closely resembles the allegations of Brown I than in Moon. Although each plaintiff was denied benefits individually, the denials were part of a long-term scheme to deny benefits generally during the nineteen-month period in which the predicate acts considered by the district court were committed. Jackson, 2010 WL 931864, at *30. The plaintiffs have also sufficiently pleaded open-ended continuity. Open-ended continuity is established if the related predicates themselves involve a distinct threat of No. 10-1453 Jackson et al. v. Segwick et al. Page 19 long-term racketeering activity, either implicit or explicit. H.J. Inc., 492 U.S. at 242. Continuity may be shown where the predicates are a regular way of conducting defendant s ongoing legitimate business. Brown I, 546 F.3d at 354 (quoting H.J. Inc., 492 U.S. at 243). Here, as in Brown I, the allegations suggest that the defendants scheme would continue on well past the denial of any individual plaintiff s benefits. R. 2 (Am. Compl. ¶ 12-15) (Page ID #27-29). Continuity was sufficiently pleaded. d. Conclusion Because the plaintiffs complaint adequately states a claim for relief under RICO, the district court erred in granting the defendants motion to dismiss. On remand, the parties may wish to re-seek leave to amend to conform the pleadings to any additional facts, within the discretion of the district court. D. RICO Conspiracy Claim In their Proposed Second Amended Complaint, the plaintiffs attempted to add a count of RICO conspiracy under 18 U.S.C. § 1962(d). The district court determined that the plaintiffs did not unduly delay the filing of the amendments and the defendants would suffer from no prejudice if the amendments were permitted. However, the district court refused to permit amendment on the basis of futility for the same reasons it dismissed the pending claims. Because we hold that the district court erred in its analysis of the substantive elements of a RICO claim as discussed above, we leave it to the district court to decide in the first instance whether to permit the RICO conspiracy claim to go forward. E. Witness Immunity Dr. Drouillard argues that he is immune from suit under the witness-immunity doctrine because he examined Jackson and offered a medical opinion. The plaintiffs only response on appeal is that the issue was not addressed below, and this is not an exceptional case justifying our review despite that fact. We agree, and we therefore decline to express an opinion on the matter. No. 10-1453 Jackson et al. v. Segwick et al. Page 20 F. Motion for Reconsideration Under Rule 59(e) and for Relief From Judgment Under 60(b)(1), (2), and (6) Because we vacate the final order that was the subject of the plaintiffs motion to reconsider and motion for relief from judgment, that portion of the plaintiffs appeal is now moot. Air Prods. & Controls, Inc. v. Safetech Int l, Inc., 503 F.3d 544, 548 (6th Cir. 2007). III. CONCLUSION For the aforementioned reasons, we REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion. No. 10-1453 Jackson et al. v. Segwick et al. Page 21 ____________________________________ CONCURRENCE IN THE JUDGMENT ____________________________________ ALICE M. BATCHELDER, Chief Judge, concurring. I concur in the judgment because we are bound by precedent, as the lead opinion makes clear. Lead Op. at 2, 8, citing Brown v. Cassens Transp. Co., 675 F.3d 946 (6th Cir. 2012). Specifically, we are bound by a holding that says parties to a state worker s compensation program are subject to federal civil-RICO liability to each other because a civil-RICO plaintiff can: (1) demonstrate mail or wire fraud without ever showing any actual fraud, id. at 954 (discussing mail fraud as the predicate offense but omitting any suggestion that anyone was ever deceived by any alleged misrepresentations);1 (2) demonstrate injury to business or property by alleging only personal injuries, id. at 965 ( When a plaintiff s personal injury is filtered through the WDCA, it is converted into a property right. ); and (3) demonstrate actual damages without showing an entitlement to any benefits, id. at 966 ( even if a [worker s compensation claimant] cannot ultimately satisfy the criteria to receive [benefits] ). So, I must accept the outcome of today s decision, but I cannot agree that it is correct. In fact, I do not agree that civil RICO was intended for situations such as this that is, I do not agree that Congress enacted civil RICO so that adversarial parties to a formal program of mutual and reciprocal sacrifices and benefits could subsequently repudiate their sacrifices and exact additional benefits. 1 The precedent opinion, Brown, 675 F.3d at 952, cites Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. 639, (2008), for the assertion that civil RICO plaintiffs do not need to demonstrate reliance on defendants fraudulent representations, and refers to the earlier opinion, Brown v. Cassens Transp. Co., 546 F.3d 347, 356-57 (6th Cir. 2008), which analyzed that issue. To be sure, Bridge holds that first-party reliance is not required, id. at 650-54, but it also goes on to say that the plaintiff s loss must be a foreseeable result of someone s reliance on the misrepresentation, id. at 656 (emphasis in the original); see also 658-59 ( [N]one of this is to say that a RICO plaintiff who alleges injury by reason of a pattern of mail fraud can prevail without showing that someone relied on the defendant s misrepresentations. (emphasis in the original)). Neither of the Brown opinions points to any reliance by anyone or suggests that any showing of any reliance was ever required. In the present case, the district court declined to reach the merits of the defendants argument that Plaintiffs [sic] have failed to plead mail fraud, as Plaintiffs have not demonstrated that anyone was deceived by Defendants [sic] actions. Jackson v. Sedgwick Claims Mgmt. Servs., Inc., No. 09-11529, 2010 WL 931864, *14 n.27 (E.D. Mich. Mar. 11, 2010). The lead opinion here offers no indication that anyone was actually deceived by any misrepresentations, but declined to reach this argument and will leave it to the district court to consider on remand. Lead Op. at 20. No. 10-1453 Jackson et al. v. Segwick et al. Page 22 In general, worker s compensation programs are a social trade-off in which employees give up the right to litigate workplace injuries in exchange for no-fault insurance coverage while employers provide no-fault coverage to avoid the risks and costs of litigation. See generally Howard Delivery Serv., Inc. v. Zurich Am. Ins. Co., 547 U.S. 651, 662-63 (2006). Under Michigan s Worker s Disability Compensation Act (WDCA), employees who suffer workplace injuries shall be paid compensation, Mich. Comp. Laws § 418.301(1) (emphasis added), and, in exchange, they submit to the WDCA as the employee s exclusive remedy, id. § 418.131(1) (emphasis added). In this case, the employees want the benefit (i.e., the no fault compensation) but not the bargain (i.e., proceeding exclusively under the WDCA program). That is, they do not want to proceed exclusively under the WDCA because, they contend, the employer, the employer s claims manager, and the claims manager s hand-picked doctor are conspiring to deprive them of a fair hearing under the WDCA by having the doctor submit false medical opinions. Rather than proceed through the WDCA program,2 these employees sought recourse in federal court, under RICO. This idea of filing a civil RICO lawsuit against the opposing party to a worker scompensation dispute is not new; it dates back to at least 1991, see Daniel Fitzpatrick, Civil RICO and Antitrust Law: the Uneven Playing Field of the Workers' Compensation Fraud Game, 25 Pac. L. J. 311, 335 (1994), when Zenith Insurance began to file such suits as an anti-fraud tactic against worker s comp mills. The claim then was virtually a mirror image of the claim here: Unscrupulous lawyers often combine with medical clinics in what are known as workers comp mills, where runners and cappers are hired to recruit workers outside of factories or state employment offices and refer 2 The WDCA provides for review of a disputed claim by a mediator or at a hearing before a worker s compensation magistrate, Mich. Comp. Laws § 418.847; provides for review of the magistrate s decision by the Workers Compensation Appellate Commission, § 418.859a; and provides for subsequent judicial review, § 418.861a(14). The WDCA provides that a disability insurer must pay a penalty of $50.00 per day if, in the absence of a dispute over the claim, it fails to pay benefits within 30 days, though it limits the total penalty to $1500. § 418.801(2). The WDCA also provides that a self-insurer can lose its privilege if it repeatedly or unreasonably fails to pay promptly claims for compensation for which it shall become liable. § 418.631(1). No. 10-1453 Jackson et al. v. Segwick et al. Page 23 them to the lawyers, who assist the workers in filing claims for compensation. The lawyer then sends these workers to doctors or psychologists who perpetuate the scheme by performing costly evaluations to justify the claims. Id. at 323 (footnotes omitted). I suppose we may be entering an era when both sides to the worker s compensation dispute sue each other under RICO, with the winner prevailing on the worker s compensation dispute and obtaining RICO damages as well. I do not agree that Congress enacted RICO for this purpose and I think that the limitations on RICO claims limitations that the lead opinion and the Brown precedent have painstakingly removed were included to prevent this. I believe that to show fraud under RICO, a plaintiff must actually allege and demonstrate some type of fraud that is, a RICO plaintiff alleging injury by reason of a pattern of mail fraud must establish at least third-party reliance, Bridge v. Phoenix Bond & Indem. Co., 553 U.S. 639, 659 (2008), with the applicable third party in a worker s compensation dispute being the decision-makers. In fact, since this is an adversarial proceeding with multiple tiers of review, the plaintiff must be able to allege and show misrepresentation to, and reliance by, every decision-maker along the way: the WDCA mediator or magistrate, § 418.847; the Workers Compensation Appellate Commission, § 418.859a; and the state appellate and supreme courts, § 418.861a(14). Without some type of misrepresentation and reliance, there is simply no fraud. Bridge, 553 U.S. at 658-59.3 Moreover, I believe that an employee s workplace injury cannot satisfy the RICO requirement that the injury be to business or property. A workplace injury may warrant compensation under the worker s compensation scheme, but a reduction in that 3 The Supreme Court held in Bridge that first-party reliance was not required to prove causation under the mail-fraud statute, but clarified that some reliance would be necessary to show causation: Of course, none of this [explanation that first-party reliance is unnecessary] is to say that a RICO plaintiff who alleges injury by reason of a pattern of mail fraud can prevail without showing that someone relied on the defendant s misrepresentations. In most cases, the plaintiff will not be able to establish even but-for causation if no one relied on the misrepresentation. . . . In addition, the complete absence of reliance may prevent the plaintiff from establishing proximate cause. Bridge, 553 U.S. 658-59 (emphasis in original; internal citation omitted). No. 10-1453 Jackson et al. v. Segwick et al. Page 24 compensation is not an independent injury to business or property. This is explained fully in the excellent analysis provided by Judge Gibbons in her dissent from the Brown precedent, see Brown, 675 F.3d at 969-74 (Gibbons, J., dissenting), and Judge Borman in his analysis of this issue in the underlying Brown decision, see Brown v. Cassens Transp. Co., 743 F. Supp. 2d 651, 671-74 (E.D. Mich. 2010). And I believe that the plaintiff must show that he or she is actually entitled to benefits in order to assert any legitimate claim of damages. Again, Judge Borman in the underlying Brown case, Brown 743 F. Supp. 2d at 674-76, and Judge Edmunds in the present case, Jackson v. Sedgwick Claims Mgmt. Servs., Inc., No. 09-11529, 2010 WL 931864, *20-22 (E.D. Mich. Mar. 11, 2010), have thoroughly and correctly analyzed this issue, particularly given that it would fall on them to particularize these presumed damages. I will merely note my additional disagreement with two aspects of the Brown precedent. First, I do not agree that claims of misrepresentation by an opposing party in an adversarial proceeding equate to a claim of legal malpractice by one s own attorney. See Brown, 675 F.3d at 966. In the legal-malpractice situation, the attorney s malpractice denies the client the opportunity to fully present her claim in the adversarial proceeding. In the present case, however, the client (and her attorney) get the full benefit of the adversarial proceeding to the extent that the employer s doctor s medical report was untrue, the employee could provide her own doctors competing report(s), she could testify that the employer s report was untrue, her attorney could challenge the employer s report, the employer s doctor, and the employer himself. In this situation, an employee who settled or lost has already had the full benefit of an adversarial proceeding (with multiple tiers of review); she is not entitled to another suit within a suit. Similarly, I do not agree with the insinuation that settling the claim necessarily demonstrates that the employee was entitled to at least some benefits, or that the settlement value is the starting point for how much she would have received. See Brown, 675 F.3d at 966-67. Parties settle for all manner of reasons. I do not agree that settlement is evidence that the claims were valid. No. 10-1453 Jackson et al. v. Segwick et al. Page 25 Thus, abiding by our precedent in Brown, I concur in the judgment in this case, though I disagree with the reasoning of that precedent and its application here.


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Experience waiting in the wings in absence of Edwards, Herd and Kaufman (Editor's note: This is the second in a series of previews for EWU's 2013 football team.)
July 18, 2013 | Vol. 117 -- No. 13
Ashton Clark
The task may really look daunting from the outside, but inside the locker room there's not much panic on Eastern Washington University's football team when it comes to replacing the heart of the team's offense.
"Our players work on it, even without the coaches even doing anything with them," Eastern head coach Beau Baldwin said. "They are continuously trying to be that next great playmaker."
In the 2013 season, the wide receiver position will be the focal point after EWU lost three receivers – Nicholas Edwards, Greg Herd and Brandon Kaufman – all who earned All-America hon...
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Watch This Otter Sit At A Dinner Table And Eat
Did you know you can train otters to be house pets? Furthermore, you can train them to sit at a table and eat like a human. This little guy is sitting at a dining room table just eating with his paws like it's an every day thing.
The video was posted by YouTube user mixjam11 back in March.


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UPDATED MAY 16 Per shelter email RESCUED
This beautiful kitty is out of time at a high-kill upstate shelter. Greenville County Pet Rescue posted her story on their Facebook page.
Ruthie is a spayed female who was dumped at the shelter in Greenville, South Carolina when her family decided not to take her with them when they moved.
This beauty is already spayed, and the shelter thinks she's around 4-years-old. She's a heavy girl, weighing in at 10.1 pounds. Ruth is healthy, but may need her lower left canine extracted.
Ruthie is a friendly cat, but friendly doesn't save your life. Beauty doesn't save your life. If you're a cat at this shelter, only someone willing to step up and adopt, rescue or foster can make the difference between life and death.
Ruthie, animal ID 22587658, is out of time. If you can help this sweet kitty, please email the shelter at email@example.com. Be sure to put her name and number in the subject line. Her pull fee has been sponsored.
Please share Ruthie with friends, especially those in upstate South Carolina.


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Describes dynamic reconfiguration, a feature in the Fujitsu Server PRIMEQUEST* 2800E2/2400E2, which reduces the likelihood of a catastrophic event.
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The Intel® Xeon® processor E7-8800/4400 v4 product families provide the performance, large memory, reliability and security for your real-time analytics, in-memory computing and mission-critical applications for your data center.
Hackensack Medical IT leaders cover migrating its ever growing data to Intel® Xeon® processor-based servers for scalability, performance, and more.
IT leaders at New Jersey's Hackensack Medical Center discuss migrating its ever growing Epic EHR* data volume to Intel® Xeon® processor E5 family-based servers and storage for cost-effective scalability, reliability, security, and performance.Full View >
Intel® Xeon® processor E7-8800/4800/2800 offers mission-critical reliability managers expect, like Machine Check Architecture Recovery.
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Welcome to 84th & 3rd! In less than 140 – I make stuff, bake stuff and write stuff. And really, as long as there is cake and tea no one will get hurt.
Who is JJ?
A Sydney-based Aussie by passport, born and raised in America-land. JJ believes food should be fun, healthy should not mean boring, and if all else fails pie makes everything better.
JJ is a recipe developer, photographer, writer, designer, runner, yogi, itchy-feet traveler, NYC tragic and tea drinker.
She firmly believes brunch is the best meal ever invented, will seven times out of ten choose chocolate over any other flavour and has very opinionated opinions about processed food.
Food inspires her. She thinks about it constantly, discussing over breakfast what to eat for lunch, detouring miles out of the way for specific dishes, making up recipes – mad scientist style – as she goes along.
Most of what she has to say is slightly long-winded, tinged with sarcasm and covered with a good dusting of cocoa powder – take it as you will! RJ is her partner in crime. He humours her [most of the time], serves as front line taste-tester and opinion-giver and makes her laugh every day. She plans on keeping him around for a while.
JJ eats unprocessed – most of the time. Is a 'veg-aquarian' – but still cooks meat for others. Practices yoga to stay calm[ish], runs to stay sane[ish], and does both to eat cake. While she is not gluten-free, dairy-free or vegan she cooks that way quite a bit.
There may or may not be a worrisome addiction to travel, cookbooks, brunch, kitchenware and vintage dishes.
Where did the name 84th & 3rd come from?
84th & 3rd is an ordinary corner, not particularly remarkable, in the most remarkable city in the world. But it was only meters from that corner that a seed was planted, a dream of doing something that she loves and being able to share it with others. 84thand3rd.com is that something.
Get in touch…
Email: jj (at) 84thand3rd (dot) com [put in the right bits: @ and .]
Questions, requests or just want to say hi? I'd love to hear from you!
Postal address: PO Box 993, Neutral Bay, NSW 2089
Note: the North Sydney address is no longer valid.
If the aforementioned long-winded-ness seen here isn't enough, there are so many other places to follow along. Beware of prolific ramblings, special offers and occasional outbursts – or special outbursts and occasional offers as the case may be.
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Want to talk about recipe development, advertising, sponsorship, brand consulting or other opportunities? Let's chat! Drop me an email – jj (at) 84thand3rd (dot) com – or find out a bit more over here.
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Ok, now the disclaimer-y bits. Humm…Opinions on this site reflect those of 84th & 3rd – and I've got a few. Although we may link to other sites, the opinions on those sites are their own and may or may not reflect what we think. Same for anywhere I may be working at any point in time.
- Material contained in this site is property of 84th&3rd unless credited to another source. It's kind of like kindergarten: be nice, ask first, say please and don't steal. If you cook one of my recipes and want to post about it on your blog, I'm honoured – please link back to the original post. If you have a commercial or brand site there are plenty of ways to work with 84th&3rd, republishing recipes and photos without compensation or approval is not one of them.
- Any products/brands/stuff* mentioned on the site are here because I like/hate/am amused by them, and am sharing my personal opinion. Anything provided for review or arranged through sponsorship is mentioned as such, however words and opinions are firmly my own – and I never talk about anything without using it first.
- We reserve the right to edit or remove any comments deemed inappropriate or annoying, etc etc etc, blah, blah, blah.
- *Stuff is a catch-all term. It means anything I want it to mean, convenient isn't it!
Now go have some cake.


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The strange tale of a nasty, little girl called Lydia Trace, who discovers a Monster living in the basement of her house and decides to use it for her own devices, with tragic results for many in the town.
Kisses for Monster is a long poem for children and adults alike, but best not read alone by people scared of monsters!
Born in Birmingham, England. A filmmaker, writer, artist and traveller. A follower of a poor football team that keeps trying
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KISSES FOR MONSTER Published October 27, 2011
THE SHARK PARTY Published October 12, 2011


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Cabuyao's population as of the 1997 census was listed as having 82,382 persons living in the town. There was about 22% increase from 1995 population census which tallied to 77,302 persons listed.
The most populated barangays are those along the lakeshore barangays:
Barangay Pittland has the smallest population of the total population of Cabuyao with 897 registered persons in the last census survey.
The population density of town of Cabuyao is 19 persons per hectare. This is spread to a total area of 4,291,5048 hectares. The most densely populated area is Barangay I with a population density of 103 per hectares. The most scarcely populated Barangays are Diezma, Casile, and Pittland with only 6, 3 and 3 persons per hectare respectively. This maybe explained by the fact that only those who work following:
The young age group (below 20 years) is about 48,162 of the total population count. There is a 50-50 per cent ratio between the males and females, with the female count slightly lower (49.51%). The 5 to 9 age group has the highest concentration of population with a share of 3%. The 10 to 14 age group category with a percentage share of 12% ranks second. The next in rank, the 1 to 4; group with a percentage share of 11%. Ages 65 and above also adds up to almost 3%, from the dependents count in the municipality.
Cabuyao is predominantly Catholic with 77,183 persons listing as Catholic out of the total population of 81,391. The second predominant religious group/sect is Iglesia ni Cristo which has a total following of 1,636. Sects which has the least number of following are the Methodists, Buddhists, followers of the Lutheran Church in the Philippines, Bible Baptists and followers of the Four Square Gospel Church.


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Prudence J. Boan
In 1965 received the "Teenage Athlete of the Year Award" for the Kansas City area. Received an athletic scholarship to study at Baker in 1965. At Baker, earned athletic letters for participation in volleyball, basketball, softball and other intramural activities. Was selected the Baker Woman Athlete of the Year in 1968. From 1965 to 1977 was active in Woman's Fast Pitch Softball and International Basketball competition. Chosen "MVP" in the 1970 and 1972 K.C. Metro Softball Tournaments and in the 1972 and 1973 Jayhawk Classic Basketball Tournaments.
Head girls volleyball coach at Shawnee Mission West High School since 1975. Teams have won seven sub-state championships and a second-place finish at the Kansas State High School Championships. Served as softball coach for four years resulting in two sub-state championships and was the assistant girls basketball coach for six years. Earned a Master of Science degree in physical education and health, Central Missouri State University in 1969.
Has earned a number of local, regional and national awards, including: Outstanding Young Educator Award, Baldwin City School District (1971); Professional Disabled Woman of the Year Award for Overland Park (1985); Baker Alumni Citation (1986); Excellence in Teaching Award Nominee, Greater Kansas City Area (1987); National Volleyball Coaching Award by Scholastic Coach magazine (1987); Inspiration Award by the National Association for Sports and Recreation (1988); Multiple Sclerosis Achievement Award, Kansas City Area (1989); Region V Multiple Sclerosis Achievement Award (1990); and National Finalist for Multiple Sclerosis Achievement Award (1990).


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Holtkoetter Lights has achieved the much sought for balance of high style and convenience with this elegant Bernie series chrome extended reach wall lamp with dimmer.
Holtkoetter Lights takes a modern stance on lighting with the sophisticated Bernie Series extended reach wall lamps. Featuring a quality brass construction with a sophisticated chrome finish, this lamp is as sleek as it is strong. A specially engineered swivel and brass tubing prevent sagging of the arm. A tremendous maximum reach of 51" and IRC energy-saving technology make this an intelligent choice for household or office lighting.
Shop all Holtkoetter
Our associates are standing by to assist you.


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Arts and culture
Art activity inspired by artist Nike Savvas.
Art activity inspired by artist Nike Savvas.
Liberty and Anarchy, when Australian artist Nike Savvas brings her small scale works and what is certainto be a memorable large scale vibrant installation, created especially for Leeds Art Gallery.
** Excluding 25th, 26th December and 1st January **
Contact details:
Please contact the Gallery direct if you have any queries.
Additional information:
The HeadrowLeedsLS1 3AA
0113 247 8256
Leeds Art Gallery is currently closed in order to carry out essential repairs to the original roof of the historic Victorian building.
The Tiled Hall café and the Visit Leeds & Gallery shop will remain open throughout the period of the building work.
During 2016, the Gallery will maintain an active profile through extensive loans from its art collections and seek to engage audiences through external programmes.
Baby changeToiletsShopCafeEducation facilitiesConference facilitiesMeeting rooms
You can find more information on access to the building here: http://www.leeds.gov.uk/museumsandgalleries/Pages/leedsartgallery/Access-at-Leeds-Art-Gallery.aspx
Free WIFI: To get online, just turn on your Wi-Fi service and select Leeds Free Wi-Fi. All you need to do is register once using your current email address.
By bus: Leeds Art Gallery is a 15 minute walk from the city centre bus station.
By train: The Art Gallery is a 10 minute walk from Leeds Railway Station.
By car: The Art Gallery is well serviced by all routes travelling to the city-centre.
Metered street parking is located nearby on Cookridge Street. Secure car parking is available in Woodhouse Lane, The Light, Merrion Centre and Rose Bowl car parks, a 5-10 minute walk away.
from 23 July 2016
Millennium Square
Live in concert
29 September 2016
Leeds Town Hall
The world's most amazing ocean films.
30 November 2016
Everybody's favourite randomist is back.
01 December 2016
Official local authority website for Leeds providing information on local services.
© LCC Leeds City Council | 2013


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The much talked about developing winter storm moves into Central Indiana tomorrow. Sleet, ice, and snow are all possible for our state.
This is a look at what we're thinking for snow totals Tuesday afternoon through Wednesday morning.
These potential totals could change based on the track of the system, and if more ice/sleet mixes in the snow totals will be knocked down. If it's all snow, they'll go up, especially along and north of I-70. So, these potential totals will be updated the next 24 hours. Check back often for any and all changes as we continue to analyze this system.
A Winter Storm Watch is in effect Tuesday afternoon through Wednesday afternoon.
Before that winter weather gets here, enjoy the sunshine with highs today in the mid 20s.
More cold air moves in by Thursday, and we'll be watching for more snow next weekend. Let's get through Tuesday/Wednesday before we start throwing out amounts for next weekend.


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Quick Details
- Place of Origin: Andhra Pradesh, India
- Brand Name: Dhopeshwar
- Model Number: 102
- Slaughter plant: 250,500,1000 birds per hour
Packaging & Delivery
|Delivery Detail:
|Delivery On Time
Specifications1. Semi automatic slaughter plant
2. 250,500,1000 birds per hour can slaughter
3. Birds From: 1.0 Kg to 3.0 Kg.
Poultry Processing Plants are Conveyor based chicken slaughter plants having an overhead conveyor & full range of process machineries. The birds are dressed on conveyor through all the important stages of processing such as stunning, halal, hot water scalding, de-feathering, evisceration & chilling etc. The conveyor based operations & scientifically designed machineries ensure highest hygiene & best quality meat. They are designed for dressing capacity of 250 to 1000 Birds Per Hour (BPH).
Our Esteemed Clientele:
Supplied in India -
1. Starchik Specialities Ltd. Hyderabad
2. Pioneer Farms Ltd., Hyderabad
3. Central Avian Research Institute, Bariely, U.P.
4. Kuljasrai Poultry Farms, Amritsar , Punjab
5. Goel Foods, Shimla, Himachal Pradesh
6. Swastic Supply Co., Ranchi -- ( Installed at Veterinary College, kanke, Ranchi, Jharkhand )
Exported -
7. V.R. Equipments ltd., Pune – (for Project located in Nigeria)
8. Kili Agro & Livestock Products , Tanzania
9. Dandani Farms Nigeria Ltd, Nigeria
10. Crown Agro Industries Ltd., Malawi


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Keeping a Search Strategy Journal
Information Literacy GEO this assignment addresses:
Develops an effective search strategy. Though students are required to do college level research, they often lack the skills necessary to articulate their research needs and to locate and access information.
Objectives of assignment:
To prepare the students for this assignment, the instructor should introduce the students to the concept of creating a search strategy. Concepts that can be covered are finding Search Terms (keywords, synonyms, subject headings), using Boolean operators (And, Or, Not), and choosing a resource appropriate to the topic or discipline. As the students are being instructed in effective searching, the instructor should demonstrate some searches in a catalog and/or database, making sure the class contributes to the process. The students should be prepared to keep a Search Strategy Journal after this brief introduction.
Print out and distribute the following Search Strategy Journal Assignment handout with instructions to students on how to create their journal.
Assignment: Search Strategy Journal
Important summation/review points:
After the students have finished writing the journal, have them bring their journals and any questions that arose during the research process to class. Using their entries or questions, the instructor can review and reinforce concepts taught before the research process began, such as Search Terms, Boolean operators, or resource selection.


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'Reverse discrimination' seems a more appropriate term for subject of this interview---Phyll Butler.
Mr. Butler is not your typical Houstonian. He maintains a low public profile, imparting his social-political and spiritual views in the setting of group discussions as opposed to one-sided sermons. The focus of the discussions he leads center primarily upon the development of our city's African-American community—discussions that contemplate the variables of discrimination opposing equal prosperity.
Foremost, Mr. Butler spoke of the city's selective spread of community renovation and business development. "During the past decade areas such as the Galleria, downtown, mid-town, and the Heights have undergone much renovation, while areas such as Southeast Houston have remained virtually untouched."
However, Mr. Butler did not place all the blame in the hands of city officials and spoke of the polarization within his own community—internal conflicts of how to move forward—conflicting ideas and personal agendas—the rigid nature of individual pride. Further, he drew a parallel between the political tangles of his local community and the division of our government leaders—who also seem stuck unwilling to look beyond the narrow scope of their stone-set views. "Our will for self-preservation is ubiquitous. Many of us still do not see that blood is all red. We tend to look only so far forward toward the future and only so far back into the past. Perhaps this is the limitation that obstructs our advancement on the local as well as on the national level."
Moreover, Mr. Butler acknowledged other debilitating factors at play upon our national canvas: partisan politics, corporate corruption—the collapse of Houston's Enron Corporation—the home mortgage crisis—the meltdown of the US auto industry—all of which have caused an 'after-shock' of panic felt on all levels of social reform. "Fear is in the air. And it is an air that sinks and settles instead of rising away. Who could argue our national problems are not tied to our local short-comings? It no longer seems practical to speak of our local issues without taking into account those unfolding on our national level."
But he imparted a sense of hope as well. "Who could deny we have made progress mending our cultural relations over the past fifty years? Who could deny there is a greater spirit of equality now than there was then? Yet, who could deny we still have far to go?"
"Those of African-American descent may have finally been made equal under the law, but we still need time to learn to walk freely. Take for instance a man who has spent the majority of his life moving about shackled in chains. When such a man is finally set free, then would he instantly move forward as a free man, or would he merely stand—as though a free man. The walls and fences of an incarcerated mind are higher and thicker than those of any man-made prison."
Mr. Butler considered the meaning of the former example a crucial snare in the concept of equality. "Freedom was a process that took more than fifty years and countless generations—a process still ongoing. We should learn to prosper from one another's diversity, for to unite within our cultural paradigm is not enough to create general prosperity. First we need the tools and recourses to build within our own community—solidify the foundations of our local schools, our homes, our streets, our neighborhoods, and our businesses. Only then would it seem fair to judge the quality of our people. Only then it would seem possible to share our richness according to its greatest strength."


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Code Review Needed: MPxIO for Tape
By Deirdre' Straughan on Jun 11, 2008
Dan says: "Randy, one of my whiz developers is ready to integrate his MPxIO for tape changes in build 93. This is a cool project and pretty bleeding edge. Great work and we need a code review."
Learn how to contribue in I need a code review


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September 2009
Right Stuff
Can't Top A Loupe
Walking through the processed food-packed aisles of your supermarket, you might forget that all fruits and vegetables are Right Stuffs...and that some, like cantaloupe, are among the cream of the crop.
A cup of cubed cantaloupe (about a quarter of a medium melon) supplies more than a day's vitamin A, nearly a day's vitamin C, 12 percent of a day's potassium, and 9 percent of a day's folate. All for only 50 calories, no saturated fat, and virtually no sodium to burden your blood vessels. Even an apple, pear, or banana has around 100 calories.
You know a cantaloupe is ripe when it has a strong aroma, the blossom end (opposite the indented end where the stem used to be) yields to gentle pressure, and the rind has a yellow cast. What to do with your ripe melon?
Cut into chunks, spritz with fresh lemon or lime juice, and dig in. Or top with shaved Parmesan and drizzle with balsamic vinegar. Or serve with a bit of goat cheese over a bed of mixed greens tossed with a red wine vinaigrette.
You can also use half a melon as a bowl for a handful of berries. Or cut up chunks of cantaloupe, strawberries, pineapple, and kiwi and top with fat-free Greek yogurt and (if you prefer) a touch of honey.
For a quick lunch, fill half a melon with low-fat cottage cheese and a sprinkle of toasted sunflower seeds. Small cubes of melon also add a refreshing, cool, lightly sweet crispness to shrimp, chicken, or crab salad.
It doesn't get any easier...or better for you.
Food Porn
Belly Bowl
"Love the pasta. Devour the bowl," urge the ads for Domino's new Bread Bowl Pasta.
Some restaurants serve soup in a round loaf of bread with its insides scooped out. Domino's opts for pasta. Is that brilliant or what?
What's not to love about a giant serving of salty white-flour carbs stuffed with salty white-flour carbs like Chicken Alfredo, Chicken Carbonara (with bacon and Alfredo sauce), Italian Sausage Marinara (with Provolone cheese), Pasta Prima vera (with Alfredo), or Three Cheese Mac-N-Cheese?
You gotta give Domino's credit. Other companies may be going bankrupt. But by getting customers to order an entrée instead of part of a pizza, the chain is looking out for its bottom line...and yours.
If you devour an entire BreadBowl Pasta—like each family member in the TV ad does—your bottom (and belly and hips) will take notice. You can't expect 1,340 to 1,480 calories to slip by those famished fat cells. And your arteries won't forget the more than a day's worth of saturated fat (22 to 28 grams) or sodium (1,820 to 2,840 milligrams).
But will your brain notice that you just ate the equivalent of an entire Domino's medium hand-tossed 12-inch cheese pizza?
You can save 800 calories (and $1) if you order the (still unhealthy) pasta bowl-less. It comes in a takeout-type tin in a box that says "Next time, try BreadBowl pasta baked inside the bread bowl. It's even tastier...and the name makes more sense."
Our guess: the tin costs Domino's more than the bread bowl.
Domino's Pizza: (734) 930-3030
Dish of the Month
In a large skillet, sauté 2 Tbs.
of tomato paste and 6 chopped
scallions in 1 Tbs. of extra-virgin
olive oil. Toss in 1 lb. of baby
spinach leaves and cook until
tender. Season with freshly ground
pepper and a pinch of oregano.


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1.Grilling – If you're not doing this you're either lazy, unpopular, a terrorist, or a woman. There must be at least someone nearby whose work you plan on enjoying. Perhaps you can wander over to the grill sometime to point and nod knowledgeably about the condition of the brats.
2.Cramping – An essential portion of every 4th of July, sharp stomach discomfort inevitably follows when some 'athletic' males scarf down the weight of a bald eagle in hotdogs and watermelon, then embark upon a swimming/ dizzy bat relay.
3.Eating contests – These probably help contribute the previous activity. Variations include pickle eating, time trials, hands-free pie eating, and endurance tests.
4.Arguing about burger toppings – A popular past time during all bbq feasting. To provide ample space, a separate toppings table should be arrayed , providing a natural arena for fierce debate for whether jalapenos or roasted red peppers blend better with mustard.
5.Lighting things on fire that aren't meant to be – After all, without the bold and brilliantly inspired attempt of an intoxicated feaster to jam a lit firework into a husk of corn, what would become of our rich, patriotic heritage?
6.Leftover scrounging – This is where things can get dicey, even among close friends and family who were just moments before emptying a bag of ruffles onto your plate. My suggestion is to bring empty tupperware equipped to rapidly box up any juicy cuts of steak.
7.Bloating/ regret – The process may begin as soon as a half hour after arrival, depending on the people there and your supply of Tums.
Check here for top 7 ways to eat fast food healthy
How much do Americans really eat on 4th of july?


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Is there some minimal idempotent ultrafilter $q \in \beta( \mathbb{N}^2)$ (with respect to the law $"+"$) such that any $A \in q$ is a subset of $\mathbb{N} \times \{ 0 \} $ ? (See for example http://www.math.osu.edu/~bergelson.1/vbkatsiveli20march03.pdf for definitions).
Motivation : Van der Waerden theorem can be quickly deduced from a negative answer to this question.


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The theme for next week's, Secret Life of Successful Educator Series is family. I am always amazed by how outstanding educators manage the work family balance. I'm really excited to share these interviews with you. They range in topic from, the pull on women to be a double success in the workplace and at home, to practical advice on how to leverage technology to be a more productive parent and teacher.
In the meantime, here is an awesome collection of #edupups. I honestly believe that behind every successful educator there is a cute dog. Enjoy!
p.s. Want your precious pup included? Upload their photo to this gdrive folder: http://goo.gl/lx5fcS