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May 3, 2006
ACTEON, INC. D/B/A SATELEC, PLAINTIFF,v.VISTA DENTAL PRODUCTS, GARY JAMES POND, AND TONY MARTELL, DEFENDANTS.
This is a trademark infringement suit against Defendant Vista Dental Products*fn1 ("Vista"), its President, Defendant Gary James Pond, and its Vice President, Defendant Tony Martell (Pond and Martell collectively, the "individual Defendants"). The individual Defendants move to dismiss for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2) and failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6).
Plaintiff, Acteon, Inc., doing business as "Satelec," manufactures dental instruments and tools. Vista distributes dental equipment. In December, 1999, Satelec and Vista entered into a three-page "Supply Agreement" wherein Vista agreed to purchase "Piezo Electric Scalers and related accessories" from Satelec for a three year term ending December 31, 2002. (Compl. Ex. A)
Satelec alleges that after the parties entered into the Supply Agreement, Vista began publishing various advertisements using Satelec's "ad copy" and images of Satelec's products.*fn2
Vista also allegedly continued to "copy, market, manufacture and distribute" Piezo Electric Scaler accessories after the Supply Agreement's term expired "without Satelec's authorization or consent, utilizing Satelec's distinctive and proprietary name designations." Satelec's theory of its case is that Vista entered into the Supply Agreement to gain access to proprietary information in order to exploit it by selling "inexpensive and inferior versions and copies" of Satelec products.
The Complaint makes very few factual allegations specific to the individual Defendants, but generally asserts that "[t]he individual Defendants Pond and Martell, exercising influence and control over the corporate Defendant Vista, were directly involved in directing Vista to take such actions complained of, and themselves contributed to the infringement by taking an active part and providing the plans and decisions which effected Vista's actions." (Compl. ¶ 22)
The Complaint asserts against all three Defendants claims of trademark infringement, trade dress infringement, and false designation of origin under the Lanham Act; unfair competition under New Jersey statutory law and common law; and unjust enrichment. Satelec seeks punitive damages and an injunction restraining Defendants from infringing Satelec's trademark and trade dress rights and unfairly competing with Satelec.*fn3
Defendants Pond and Martell move to dismiss for lack of personal jurisdiction, contending that any alleged actions they took, and thereby any contacts they had with New Jersey, were in their capacity as corporate officers of Vista and not as individuals.*fn4 They also move to dismiss for failure to state a claim, asserting that they cannot be held personally liable for the claims asserted in the Complaint.
Satelec is a New Jersey corporation with its principal place of business in Mount Laurel, New Jersey. It also has an office Cherry Hill, New Jersey. Vista Dental is a Wisconsin corporation with its principal place of business in Racine, Wisconsin. While it is unclear where the individual Defendants reside, the Complaint alleges that their principal place of business is Racine, Wisconsin. Defendants Pond and Martell state that they do not reside in, regularly conduct or solicit business in, or own any real estate in New Jersey. (Pond 9/21/05 Decl. at ¶¶ 2-6; Martell 9/21/05 Decl. at ¶¶ 2-6)*fn5 They further state that they have never "personally engaged Satelec in any business relationship," "personally advertised any of Vista's products in New Jersey," or "personally placed into commerce any product that displays the purported designations or trade dress at the center of this dispute." (Pond 9/21/05 Decl. at ¶¶ 10-12; Martell 9/21/05 Decl. at ¶¶ 10-12) (emphasis added) Rather, Defendants Pond and Martell state that "in all actions that may in any way relate to this lawsuit" they have "acted within the scope of [their] authority" as Vista officers. (Pond 9/21/05 Decl. at ¶ 8; Martell 9/21/05 Decl. at ¶ 8) Accordingly, Defendants assert that "specific jurisdiction does not attach because all of Pond and Martell's contacts with New Jersey were on behalf of Vista, not themselves." (Defs' Br. at 6)
In their capacities as Vista officers, Pond and Martell state, "I helped negotiate and finalize the Supply Agreement entered between Satelec and Vista from which this dispute arises;" (Pond 11/10/05 Decl. ¶ 2; Martell 11/10/05 Decl. ¶ 2) "I also visited New Jersey on behalf of Vista Dental Products;" (Pond 11/10/05 Decl. ¶ 3; Martell 11/10/05 Decl. ¶ 3) "During the course of the Supply Agreement, Vista featured its products in catalogs and advertisements, some of which reached citizens of New Jersey. All such marketing efforts were made on behalf of Vista and not me personally." (Pond 11/10/05 Decl. ¶ 6; Martell 11/10/05 Decl. ¶ 6)
For the reasons explained below, the individual Defendants' Motion to Dismiss will be denied in its entirety.
Plaintiff bears the burden of presenting evidence establishing a prima facie case of personal jurisdiction over each defendant. Miller Yacht Sales, Inc. v. Smith, 384 F.3d 93, 94 (3d Cir. 2004). "Plaintiff[s] must sustain their burden of proof in establishing jurisdictional facts through sworn affidavits and competent evidence. At no time may a plaintiff rely on the bare pleadings alone in order to withstand a defendant's Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction. Once the motion is made, plaintiff must respond with actual proofs, not mere allegations." Machulsky v. Hall, 210 F. Supp. 2d 531, 537 (D.N.J. 2002) (quoting Patterson v. F.B.I., 893 F.2d 595, 603-04 (3d Cir. 1990)).
The framework for analyzing jurisdiction over the parties is well known. A federal court sitting in New Jersey has jurisdiction over the parties to the extent provided under New Jersey state law. See Fed. R. Civ. P. 4(e). New Jersey courts may exercise personal jurisdiction to the extent permitted by the United States Constitution. Miller Yacht Sales, 384 F.3d at 96.
Due process requires that each defendant have "minimum contacts" with the forum state and that the court's exercise of jurisdiction over the parties comports with "traditional notions of fair play and substantial justice." Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945). "Minimum contacts must have a basis in 'some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws.'" Asahi Metal Indust. Co. v. Sup. Ct. of Cal., 480 U.S. 102, 109 (1987) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985)).*fn6
Within this framework, personal jurisdiction may be examined under two distinct theories: general and specific jurisdiction. See Remick v. Manfredy, 238 F.3d 248, 255 (3d Cir. 2001). "General jurisdiction is based upon the defendant's continuous and systematic contacts with the forum and exists even if the plaintiff's cause of action arises from the defendant's non-forum related activities. In contrast, specific jurisdiction is present only if the plaintiff's cause of action arises out of defendant's forum-related activities, such that the defendant should reasonably anticipate being haled into court in that forum." Id. at 255 (citations omitted). "A 'relationship among the defendant, the forum, and the litigation' is the essential foundation" of specific jurisdiction. Helicopteros Nacionales de Colombia, S. A. v. Hall, 466 U.S. 408, 414 (1984) (quoting Shaffer v. Heitner, 433 U.S. 186, 204 (1977)).
In deciding a motion pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, the Court "must take all factual allegations and reasonable inferences as true and view them in the light most favorable to the Plaintiff." Dobrek v. Phelan, 419 F.3d 259, 263 (3d Cir. 2005). The Court should dismiss only if it appears that the Plaintiff could prove no set of facts that would entitle him to relief. Id.
Satelec asserts that the individual Defendants have sufficient contacts with New Jersey to establish specific jurisdiction over them.*fn7 The individual Defendants move to dismiss, not disputing their contacts with the forum*fn8 but rather invoking the "fiduciary shield doctrine." The fiduciary shield doctrine operates to preclude the exercise of personal jurisdiction over nonresident corporate agents who act in the forum state solely in their role as corporate agents. See, e.g., Caldwell-Banker Co. v. S. Ill. Railcar Co., 225 F. Supp. 2d 1243, 1262 (D. Kan. 2002); see generally Sonja Larsen, Validity, Construction, and Application of "Fiduciary Shield" Doctrine---Modern Cases, 79 A.L.R. 5th 587 (2005). The issue is whether the fiduciary shield doctrine is applicable to preclude this Court's exercise of specific jurisdiction over the individual Defendants under New Jersey or federal law. We hold that it is not.
Whether "a defendant's contacts with the forum state made in his corporate capacity [may] be considered" in the personal jurisdiction analysis was thoroughly examined in Educational Testing Services v. Katzman, 631 F. Supp. 550, 555 (D.N.J. 1986). Holding that the law of New Jersey allowed it to consider contacts with the forum made in a corporate capacity if the facts alleged supported individual liability, Id. at 559, the Court concluded that actions taken by an individual defendant in his "corporate capacity" within New Jersey may be imputed to the defendant corporate officer individually. Id. at 557.*fn9
Moreover, the Katzman holding is consistent with earlier Third Circuit precedent. In Myers v. American Dental Association, 695 F.2d 716, 722 (3d Cir. 1982), the Court upheld the exercise of personal jurisdiction over American Dental Association ("ADA") President Cappuccio in an individual capacity based on his contacts within the forum state while "advanc[ing] the interests of" and "endeavor[ing] to carry out ADA policy" within the forum.*fn10
Here Satelec alleges that Pond and Martell were "directly involved in directing Vista to take such actions complained of, and themselves contributed to the infringement by taking an active part and providing the plans and decisions which effected Vista's actions." (Compl. ¶ 22) Accepting these allegations as a true, we hold that Satelec has sufficiently pled facts supporting claims of individual liability against Pond and Martell. See Saltiel v. GSI Consultants, Inc., 170 N.J. 297, 303-05 (2002) (explaining that under a "participation theory" "a corporate officer can be held personally liable for a tort committed by the corporation when he or she is sufficiently involved in the commission of the tort;" discussing cases where corporate officers have been held personally liable for intentional torts and statutory violations); City of Philadelphia v. EMI Earthmate, Inc., No. 04-1904, 2004 U.S. Dist. LEXIS 20341 at *13 (E.D. Pa. Oct. 5, 2004) (denying individual corporate officers' Rule 12(b)(6) motion holding, "Plaintiff has alleged sufficient facts to . . . state a trademark infringement claim under the Lanham Act. Plaintiff has also stated sufficient facts to demonstrate the participation of the individual Defendants [] in the alleged wrongful activity.").
Accordingly, we hold that Satelec has stated a claim against the individual Defendants. Therefore Katzman and Myers foreclose the individual Defendants' legal argument with respect to personal jurisdiction. The contacts of Defendants Pond and Martell made in their so-called corporate officer capacities, namely, conducting business on behalf of Vista in New Jersey, negotiating and contracting with Satelec in New Jersey, along with their marketing efforts in New Jersey, are sufficient to establish specific jurisdiction over them as to the claims asserted against them personally. The Court will deny the individual Defendants' Motion to Dismiss.
For the foregoing reasons, the Motion to Dismiss for Failure to State a Claim and Lack of Personal Jurisdiction by Defendants Pond and Martell will be denied. The Court will issue an appropriate order.
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Kuba bead artists in the Congo decorate woven raffia grass to make beaded belts and jewelry. Braided old style Kuba belts are worn by dignitaries and leaders in the society. Kuba artists also use beads on many of their masks which explain elaborate Kuba creation mythology.
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Shanice Sample acknowledges the cheers, as she and her fellow Scott High School graduates file into the Stranahan Theater.
Scott valedictorian Amanda Fletcher gets an impromptu hug from her brother, Anderson Fletcher, at right, as she begins to cry while giving her commencement address. Scott was one of several high schools in the Toledo area that held commencement exercises yesterday.


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ERIC Number: ED186125
Record Type: RIE
Publication Date: 1980-Jan
Pages: 7
Abstractor: N/A
Reference Count: 0
The Froebelian Kindergarten as an International Movement.
Hewes, Dorothy W.
This paper presents an overview of the educational principles of Friedrich Froebel and indicates how the Froebelian approach was introduced into Israel. The modern aspects of Froebel's ideas are emphasized as well as scientistic distortions in their implementation. Recommendations to practitioners for improving early childhood education are provided. (RH)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Froebel (Friedrich); Israel
Note: Paper presented at the International Congress on Early Childhood Education: A Challenge for the Educator (Tel Aviv, Israel, January 6-10, 1980).


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How many miles? 63 Miles / 101 Km
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Project SAFECOM:
Key Cross-Agency Emergency Communications Effort Requires Stronger Collaboration
GAO-04-494: Published: Apr 16, 2004. Publicly Released: Apr 16, 2004.
Additional Materials:
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(202) 512-7487
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One of the five priorities in the President's Management Agenda is the expansion of electronic government (e-government)--the use of Internet applications to enhance access to and delivery of government information and services. Project SAFECOM is one of the 25 initiatives sponsored by the Office of Management and Budget (OMB) to implement this agenda. Managed by the Department of Homeland Security, the project's goal is to achieve interoperability among emergencyresponse communications at all levels of government, while at the same time realizing cost savings. GAO assessed the government's progress in implementing Project SAFECOM.
While its overall objective of achieving communications interoperability among emergency response entities at all levels of government is a challenging task that will take many years to fully accomplish, Project SAFECOM, in its 2-year history, has made very limited progress in addressing this objective. OMB's e-government objectives of improving operating efficiency and achieving budgetary savings within federal programs have also been largely stymied. Two major factors have contributed to the project's limited progress: (1) lack of consistent executive commitment and support, and (2) an inadequate level of interagency collaboration. In its 2 1/2-year history, Project SAFECOM has had four different management teams in three different agencies. In recent months, the current project team has pursued various near-term activities that are intended to lay the groundwork for future interoperability, including establishing a governance structure that emphasizes collaboration with stakeholders and developing guidance for making grants that can be used to encourage public safety agencies to plan for interoperability. However, it has not yet reached written agreements with several of its major stakeholders on their roles in the project or established a stable funding mechanism. Until these shortcomings are addressed, the ability of Project SAFECOM to deliver on its promise of improved interoperability and better response to emergencies will remain in doubt.
Recommendation for Executive Action
Status: Closed - Not Implemented
Comments: Other federal agencies no longer contribute financial resources to the SAFECOM program, since it became solely a DHS program. Regarding performance measures, DHS officials have established some performance measures; however, several key aspects of the program are not being measured. Moreover, none of the program's measures assess the extent to which the first responder community finds the SAFECOM tools helpful or the effectiveness of the program's outreach initiatives.
Recommendation: To enhance the ability of Project SAFECOM to improve communications among emergency personnel from federal, state, local, and tribal agencies, the Secretary of Homeland Security should direct the Under Secretary for Science and Technology to complete written agreements with the project's identified stakeholders, including federal agencies and organizations representing state and local governments. These agreements should define the responsibilities and resource commitments that each of those organizations will assume and include specific provisions that measure program performance.
Agency Affected: Department of Homeland Security: Directorate of Science and Technology
Explore the full database of GAO's Open Recommendations »
Dec 1, 2016
Enterprise Risk Management:Selected Agencies' Experiences Illustrate Good Practices in Managing RiskGAO-17-63: Published: Dec 1, 2016. Publicly Released: Dec 1, 2016.
Nov 28, 2016
Whistleblower Protection:Additional Actions Would Improve Recording and Reporting of Appeals DataGAO-17-110: Published: Nov 28, 2016. Publicly Released: Nov 28, 2016.
Oct 31, 2016
- Reported Inventory, Use, and Cost of Federally Owned AircraftGAO-17-73R: Published: Oct 31, 2016. Publicly Released: Oct 31, 2016.
Oct 26, 2016
Federal Procurement:Smarter Buying Initiatives Can Achieve Additional Savings, but Improved Oversight and Accountability NeededGAO-17-164: Published: Oct 26, 2016. Publicly Released: Oct 26, 2016.
Oct 13, 2016
Open Innovation:Practices to Engage Citizens and Effectively Implement Federal InitiativesGAO-17-14: Published: Oct 13, 2016. Publicly Released: Oct 13, 2016.
Oct 12, 2016
U.S. Postal Service:Information on How Broadband Affects Postal Use and the Communications Options for Rural ResidentsGAO-16-811: Published: Sep 12, 2016. Publicly Released: Oct 12, 2016.
Sep 30, 2016
Office of Personnel Management:Actions Are Needed to Help Ensure the Completeness of Political Conversion Data and Adherence to PolicyGAO-16-859: Published: Sep 30, 2016. Publicly Released: Sep 30, 2016.
Sep 29, 2016
Federal Research Grants:Opportunities Remain for Agencies to Streamline Administrative RequirementsGAO-16-890T: Published: Sep 29, 2016. Publicly Released: Sep 29, 2016.
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Sep 27, 2016
Delegated Leasing Authority:Review of Selected Leases and Information on GSA's Changes to Delegation ProceduresGAO-16-716R: Published: Sep 27, 2016. Publicly Released: Sep 27, 2016.
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December 6th, 2016
Why I Love Teles! – Bob Chapman
Bob Chapman loves Teles because he enjoys the feeling of being out in front of the market.
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November 15, 2012
TAMARA R. SMITH, APPELLANT,v.UNITED STATES, APPELLEE.
Appeal from the Superior Court of the District of Columbia (CF2-15966-10) (Hon. Florence Y. Pan, Trial Judge)
Submitted April 30, 2012
Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and SCHWELB, Senior Judge.
Opinion for the court by Associate Judge BLACKBURNE-RIGSBY.
Concurring opinion by Senior Judge SCHWELB at page 14.
Appellant Tamara Smith appeals her convictions of unlawful possession of a firearm ("felon in possession"), possession of an unregistered firearm, two counts of unlawful possession of ammunition, and possession of a prohibited weapon (a machine gun),*fn1 on the basis that there was insufficient evidence to prove beyond a reasonable doubt that she had constructive possession of the firearm and ammunition. We affirm.
On August 27, 2010, at 5:40 p.m., officers of the Metropolitan Police Department executed a search warrant at an apartment located at 3908 Stanton Road in Southeast, Washington, D.C.*fn2 When the officers entered the apartment, appellant was standing in the living room and her boyfriend, Maurice Evans, was standing in the hallway.In the master bedroom, which appellant shared with Evans,the officers found a purple children's backpack on the floor next to the bed, leaning against an entertainment center. When the officers found the backpack, its contents were not visible. The officers opened the backpack and found a black .45 caliber Uzi style firearm and boxes of .40 caliber and .357 caliber ammunition. The officers also found a white bulletproof vest and a bore brush used to clean firearms inside the backpack. The officers found a photograph of appellant inside the entertainment center next to which the backpack was found. Additionally, the officers found a pair of men's shorts on the bed, which contained appellant's and Evans' D.C. identification cards. The officers also recovered two boxes of .357 caliber ammunition from inside the top drawer of a file cabinet located in the closet of the master bedroom. Mail addressed to Evans was in this drawer of the file cabinet. During an interview after his arrest, Evans stated that the file cabinet was his and that a cousin, who is now deceased, had put the ammunition in the file cabinet several years before. In the kitchen, the officers found mail addressed to appellant in a drawer and recovered one loose round of .38 caliber ammunition on top of a kitchen cabinet. In the loft area, which is accessible from the living room, the officers found a bare mattress, bags of clothing, mail addressed to both appellant and Evans, a photo album, a digital scale, and a Ruger gun box. Inside a closet attached to the loft, the officers discovered a closed black duffle bag that contained an assault rifle and ammunition.
During an interview conducted after her arrest, appellant stated that she lived in the apartment with Evans and his fifteen year old son.*fn3 She also stated that her cousin, William Howard, had a key to the apartment and "stayed there" occasionally. Appellant informed police officers that she was the only person who stayed at the apartment during the week before the search. However, Dominique Lewis, appellant's neighbor, testified at trial that she saw Howard entering and exiting the apartment during the week prior to the execution of the search warrant. Lewis testified that Howard lived in the apartment, slept in the loft area, and had clothes there. Nevertheless, Lewis had never seen Howard sleep in the master bedroom. The parties stipulated that Evans left the D.C. area on August 23, 2010, when he flew to Columbus, Ohio, and did not return to the apartment until the morning of August 27, 2010.
At trial, the government relied on a theory that appellant constructively possessed the firearm and boxes of ammunition found in the purple backpack next to her bed and the firearm and ammunition found in the black duffle bag in the loft. Appellant was tried but acquitted on the counts of possession of an unregistered firearm and unlawful possession of ammunition related to the contents of the black duffle bag found in the loft area. The jury convicted appellant of all counts related to the contents of the purple backpack and this appeal followed.
"When there is a sufficiency challenge, we view the evidence in the light most favorable to the prosecution to determine whether a reasonable factfinder could find guilt beyond a reasonable doubt." James v. United States, 39 A.3d 1262, 1269 (D.C. 2012) (internal quotation marks and citation omitted). "[T]he jury is entitled to draw a vast range of reasonable inferences from the evidence, but it may not base a verdict on mere speculation." Id. (citing In re M.L., 24 A.3d 63, 66 (D.C. 2011) (quoting Rivas v. United States, 783 A.2d 125, 134 (D.C. 2001) (en banc)). Ultimately, "[t]he evidence is sufficient if, after viewing it in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt," id. (emphasis in original) (internal quotation marks and citation omitted), and we reverse "[o]nly when there is no evidence from which a reasonable mind might fairly infer guilt beyond a reasonable doubt . . . ." Moore v. United States, 927 A.2d 1040, 1049 (D.C. 2007) (internal quotation marks and citation omitted).
"Constructive possession, which is simply a doctrine used to broaden the application of possession-type crimes to situations in which actual physical control cannot be directly proved, is often described in terms of dominion and control." 1 WAYNE R. LAFAVE, SUBSTANTIVE CRIMINAL LAW § 6.1 (e) (2d ed. 2003). To prove constructive possession of contraband, the evidence must show that the accused (1) had knowledge of its presence and (2) "had both the ability and the intent to exercise dominion and control over it." Moore, supra,927 A.2d at 1050. "Constructive possession may be sole or joint." Rivas v. United States, 783 A.2d 125, 129 (D.C. 2001) (en banc); see, e.g., Moore, supra,927 A.2d at 1051 (determining that "[i]t is of little moment that much of the same evidence showed constructive possession by [both of Moore's co-defendants]"). The elements of constructive possession "may be proven by direct or circumstantial evidence." Rivas, supra,783 A.2d at 129.
"Where knowledge and ability to exert control over contraband are shown, the additional evidence necessary to prove constructive possession is comparatively minimal." Moore, supra,927 A.2d at 1050 (internal quotation marks and citation omitted). We have recognized that such "additional evidence" may include"[e]vidence showing the accused's control or occupancy of the premises in which the contraband is found." Id. Indeed, a jury is generally "entitled to infer that a person exercises constructive possession over items found in his home"; that is, by virtue of the contraband being found in an occupant's home, a juror may infer that the occupant has both knowledge of its presence and intent to exercise dominion and control of the contraband. Id. (internal quotation marks and citation omitted); see also Taylor v. United States,662 A.2d 1368, 1373 (D.C. 1995) ("It is usually easy to establish that the owner of a car or the occupant of a living area has constructive possession of illicit items recovered from these places."). Although this inference does apply even if a person shares the premises with others, "it is plainly not as strong an inference in that circumstance." Moore, supra,927 A.2d at 1050. Therefore, "there must be something more in the totality of the circumstances- a word or deed, a relationship or other probative factor- that, considered in conjunction with the evidence of proximity and knowledge, proves beyond a reasonable doubt that the defendant intended to exercise dominion or control over the [contraband], and was not a mere bystander." James, supra, 39 A.3d at 1269 (quoting Rivas, supra,783 A.2d at 128) (emphasis in original). Ultimately, "[w]hether constructive possession has been proved beyond a reasonable doubt in any given case depends on a fact-specific inquiry into all the circumstances." Id. (internal quotation marks and citation omitted).
Viewing the evidence in the light most favorable to the government, we conclude that the evidence was sufficient to prove that appellant had constructive possession of the .45 caliber Uzi style firearm and the boxes of .40 caliber and .357 caliber ammunition, all of which were found in the purple backpack next to appellant's bed. The evidence established that appellant lived in the apartment and that, although she shared the bedroom in which the contraband was found with Evans, she was the sole occupant of that bedroom during the week prior to the execution of the search warrant. Furthermore, appellant's identification card was found in a pair of shorts slung over the bed near the backpack and appellant was present when the officers entered the apartment, indicating that appellant was in close proximity to the contraband prior to the search. Because the jury is entitled to infer that "a person exercises constructive possession over items found in [her] home," these facts support the reasonable inference that appellant had both (1) knowledge of and (2) the intent to exercise dominion and control over the backpack and its contents. See Moore, supra, 927 A.2dat 1050. However, this inference is "plainly not as strong" because appellant shared occupancy of the apartment with Evans, his fifteen year old son, and occasionally appellant's cousin, William Howard. Id. Accordingly, there must be "something more in the totality of the circumstances" to prove beyond a reasonable doubt that appellant intended to exercise dominion or control over the contraband and that she was not a "mere bystander." See James, supra, 39 A.3dat 1269. Here, there are two significant factors that constitute "something more."
First, although the backpack was closed when the officers initiated their search, the presence of the backpack in appellant's bedroom was conspicuous. It was a brightly colored purple backpack, designed for children, and no children lived in the apartment. The brightly colored children's backpack was conspicuously leaning in plain sight against an entertainment center adjacent to appellant's bed. Importantly, the backpack was not secreted in a closet or hidden out of sight. Nor was it a typical "man's backpack" that was in an area of the bedroom that suggested it was in Evans' sole possession, such as a drawer or closet used only by Evans. Second, regardless of whether the jury credited the police officers' testimony indicating that appellant told the police after her arrest that she was alone in the apartment during the week prior to the search or, alternatively, the testimony from appellant's neighbor that Howard was in and out of the apartment that week, it was undisputed that appellant was alone in the master bedroom during that period. Thus, appellant was the sole occupant of the master bedroom for several days before the search, with ample ability to control the backpack and its contents, conspicuously located in her bedroom next to her bed. From these facts, a juror could reasonably infer that appellant had the requisite intent to exercise control over the backpack.
Notably, the jury acquitted appellant of all counts related to the contraband in the black duffle bag that the police found in the closet of the loft area. This verdict suggests that the jurors' review of the evidence was nuanced. The verdict reflected that appellant's connection to the black duffle bag was more attenuated than her connection to the purple backpack because the black duffle bag was not found in appellant's bedroom and was not in a conspicuous location, notwithstanding that some of her personal items were found in the loft area where the police recovered the duffle bag. The jury arguably discerned that the "something more" required to establish constructive possession was lacking with respect to the black duffle bag. Consequently, the jury found that the evidence related to those charges was insufficient to support a theory that appellant constructively possessed the contraband therein.
This case is distinguishable in several critical aspects from In re R.G., 917 A.2d 643 (D.C. 2007), upon which appellant relies, where we held that R.G. did not have constructive possession of a pistol found in her bedroom, within several feet of where she was found sleeping. In R.G.,there was evidence that the windowsill on which the pistol was found was dusty but that the pistol itself was not, suggesting that the pistol had recently been brought into R.G.'s bedroom, and R.G. testified that her boyfriend had entered her room in the early morning hours. 917 A.2d at 648-49. Here,appellant was the sole occupant of the master bedroom for the week prior to execution of the search warrant. In R.G.,we noted that "the difficulty with the District's case is that R.G.'s boyfriend was in the room, and indeed in the bed, with R.G., and the District offered no evidence tending to show that it was not the boyfriend who owned the pistol and who brought it to R.G.'s room." Id. at 649. In contrast, whereas R.G. did not have exclusive control over the room when the police recovered the pistol, appellant had exclusive control over her bedroom while Evans was out of town until shortly before the police executed the warrant and appellant and Evans were not in bed together when the police arrived. The court in R.G. also expressed concern as to whether R.G., who was a minor, had the ability to order an armed adult man to remove the weapon from her bedroom. Id. at 651. In this case, however, a reasonable juror could find that appellant had the ability to exercise dominion and control over the backpack and its contents when she was the sole occupant of the bedroom for the week prior to the search.
This case is also distinguishable from Rivas v. United States,where we reversed the conviction despite finding that the accused was in close proximity to the cocaine and had knowledge of its presence. 783 A.2d 125 at 134-35. In Rivas,we held that, although it was suspicious that Rivas had been in the car next to the cocaine, which was in plain sight, and that he walked away from the scene when police arrived, the evidence was insufficient to prove beyond a reasonable doubt that Rivas harbored the requisite intent to possess the cocaine and was not a "mere bystander" who was in "the wrong place at the wrong time." Id. at 135-38. We were troubled by the lack of evidence to establish "how long Rivas had been in the car, how he had come to be there, or what he had been doing." Id. at 134. Here, we know that appellant was not just a visitor who happened to be found at the apartment when the police arrived. To the contrary, the evidence established that appellant lived there and her belongings were scattered throughout the apartment. Indeed, her identification card was found in close proximity to the purple backpack in her bedroom. Consideration of the evidence in its totality- especially that appellant was the sole occupant of the master bedroom for several days before the search and therefore had the ability to exercise control over the conspicuously colored backpack that was in her bedroom next to her bed- belies the possibility that appellant was a "mere bystander."
While we acknowledge that this is a close case, we emphasize that for purposes of our review, we must view the evidence in the light most favorable to the government and reverse only "when there is no evidence from which a reasonable mind might fairly infer guilt beyond a reasonable doubt." Moore, supra,927 A.2d at 1049. The evidence presented during trial, especially that appellant was the sole occupant of the master bedroom during the week before the search and that the backpack was conspicuously located in her bedroom near her personal items, bolstered the permissible inference that "a person exercises constructive possession over items found in [her] home." This enabled a reasonable juror to find beyond a reasonable doubt that appellant had (1) knowledge of, and (2) the opportunity and intent to exercise dominion and control over the purple backpack and its contents.*fn4 Consequently, the evidence was sufficient to prove that appellant constructively possessed the Uzi style firearm and the ammunition found in the purple backpack in her bedroom.
For the foregoing reasons, appellant's convictions are hereby
SCHWELB, Senior Judge, concurring in part and concurring in the judgment: As the court acknowledges near the conclusion of its opinion, this is indeed a "close case." That is hardly a rarity in "constructive possession" prosecutions. More than forty years ago, in his concurring opinion in United States v. Holland, 144 U.S. App. D.C. 225, 227-28, 445 F.2d 701, 703-04 (1971), Judge Tamm commented that "the more cases one reads on constructive possession, the deeper is he plunged into a thicket of subjectivity. . . . It is illogical to believe that from the chaotic patchwork which flows ex cathedra, there is created a stable and definable body of law." Unfortunately, the intervening decades have not, in my judgment, significantly allayed the concern expressed by Judge Tamm in Holland, and the liberty of the citizen often turns on largely subjective judgments.
In this particular case, I have no doubt that there was ample circumstantial evidence to permit an impartial juror to find beyond a reasonable doubt that Ms. Smith had knowledge not only of the purple backpack in the bedroom that she shared with her boyfriend, Maurice N. Evans, but also of the bag's deadly contents, which included a .45 caliber Uzi style machine gun and numerous rounds of ammunition. The only question of substance presented in this appeal is whether the prosecution established the final and most challenging element of a constructive possession case, namely, proof beyond a reasonable doubt that the defendant intended, individually or jointly with Evans, to exercise dominion and control over the contraband and to guide its destiny. See In re R.G., 917 A.2d 643, 648, 649 n.4 (D.C. 2007). This question, in my view, largely turns on whether or not the present case is controlled by our decision in R.G., which is the main authority relied on by Ms. Smith's counsel on appeal.
For the reasons summarized below, I am of the opinion that the principal distinctions from R.G. suggested by the government, and to some extent by the court, are unrealistic and, at least to me, unconvincing. Nevertheless, the two cases are, in my judgment, fundamentally different at their core, and although the issue is not free from doubt, I agree that Ms. Smith's convictions for "Felon in Possession" and related weapons offenses should be affirmed.
In R.G., the police executed a search warrant during the early hours of the morning in seventeen-year-old respondent R.G.'s bedroom. They recovered a loaded .38 caliber pistol from a window sill adjacent to the bed which R.G. was sharing with her adult boyfriend. Both R.G. and the boyfriend were arrested and charged, inter alia, with carrying a pistol without a license (CPWOL).
R.G. testified that she was unaware of the presence of the weapon and that the boyfriend must have brought it with him when he came to visit her at 3:00 a.m. that day, a few hours before the arrival of the officers. There was dust on the window sill but not on the pistol, a fact which tended to corroborate R.G.'s claim that the pistol had not been at that location for an extensive period of time.
The trial judge adjudicated R.G. to be guilty of CPWOL and related offenses. The judge did not believe R.G.'s claim that she (R.G.) was unaware of the presence of the pistol. The judge did not, however, explicitly address the "intent" element of constructive possession. This court unanimously reversed the adjudication of guilt, concluding as a matter of law that although there was ample evidence to support the trial judge's finding that R.G. knew of the presence of the pistol, the District of Columbia had failed to prove beyond a reasonable doubt that R.G. intended to exercise dominion and control over the weapon.
In its brief in the present case, the government emphasizes that Ms. Smith's boyfriend (and co-resident) had been out of town for a week or so, returning to the apartment earlier on the day that the police executed the search warrant, and that during his absence, Ms. Smith had been the only person staying in the unit. It was especially significant, according to the government, that by her own admission, Ms. Smith "was the only one who had stayed [at the apartment] -- and thus had control of the premises -- in the week leading up to the execution of the search warrant." My colleagues in the majority seem to agree with the government, and they too focus on the fact that Ms. Smith "was the sole occupant of the master bedroom for the week prior to the execution of the search warrant." Why, the government and the majority implicitly ask, did Ms. Smith not get rid of the contraband while she was in control?
Why not, indeed? I suggest that to decide the case on the theory that Ms. Smith is guilty because she did not remove the Uzi and ammunition during her boyfriend's brief absence is to adhere to the dubious principle that, in the informal and ironical (but unpublished) phrase coined by one of my colleagues on the court, we must "hold the line against creeping practicality." First, on the record before us, no trier of fact could fairly find beyond a reasonable doubt that the Uzi and ammunition were brought to the apartment during the week that Ms. Smith was there alone. Indeed, Ms. Smith's boyfriend acknowledged to the police that some of the ammunition -- though not the rounds recovered from the bedroom -- belonged to him and had been in the apartment for years.
If the contraband was already in the unit when Evans left, then I suppose that theoretically, Ms. Smith could have removed it while he was gone. That seems to be the supposition on which the government finds his absence relevant. Had she tried to do what the government apparently believed that she was obliged to do to avoid criminal liability, however, she would have confronted some well-nigh insuperable difficulties. First, she would have had to find a person (or place) to whom (or to which) she could take it. Even if she had succeeded in that endeavor, then in order to transport the pistol and ammunition, she would have been obliged to take these items into her actual (and not merely constructive) possession and to carry them to their destination. For a person such as Ms. Smith, who had a recent felony conviction, this would have been a perilous, even foolhardy, course of action. Ms. Smith could, of course, have called the police -- she would not be guilty of CPWOL if her only contact with the Uzi and ammunition was to turn them in to the authorities -- and this might perhaps have been the noble thing to do. But aside from the question whether the police would have believed her if she professed innocence -- a supposition on which I would not venture to place a wager -- she could understandably have been reluctant to do this, perhaps because of her love for (or fear of) Evans,*fn5 and more generally because of awareness that life can be perilous for a "snitch." Further, given the obvious potential for self-incrimination if Ms. Smith had called the police, one wonders what advice she would have received if she had sought the advice of a responsible attorney. In any event, at least in my judgment, Evans' absence from the apartment for a week sheds no realistic light on the proper outcome of this appeal, and I cannot agree with the government's and the majority's contrary view.
My colleagues also attempt to distinguish R.G. on another (but related) ground, as follows:
The court in R.G. also expressed concern as to whether R.G., who was a minor, had the ability to order an armed adult man to remove the weapon from her bedroom. Id. at 651. In this case, however, a reasonable juror could find that appellant had the ability to exercise dominion and control over the backpack and its contents when she was the sole occupant of the bedroom for the week prior to the search.
Although it is true that R.G. was a minor -- she was seventeen years old -- I do not believe that the outcome of her appeal would have been different if she had been a year older, or even twice as old. Tamara Smith was thirty-four years of age at the time of her arrest, but ordering an armed man to remove weapons from the apartment they shared would surely be a perilous venture regardless of a woman's age. Further, for the reasons I have described, Evans' trip out of town was, in my judgment, largely irrelevant. I therefore cannot associate myself with the stated grounds on which the majority seeks to distinguish this case from our unanimous decision in R.G.
Notwithstanding my views as set forth above, however, I do not believe that the decision in In R.G. controls this appeal. Although I agree with my colleagues that the case is a close one, I conclude, albeit not without with some hesitation, that Ms. Smith's convictions should be affirmed.
As I have suggested at the outset of this opinion, this case and R.G. differ at their core. The differences between them do not turn either on Evans' brief absence from the apartment or on R.G.'s tender years. R.G. was a case involving a single pistol that was apparently in the respondent's bedroom for only a few hours. There was nothing to associate R.G. with the weapon beyond its short-lived presence following the arrival of her nocturnal visitor. This conclusion is supported not only by R.G.'s testimony (parts of which the judge did not find credible) but by the undisputed fact that the window sill was dusty and the pistol was not. The District did not prove (or even claim) that any weapons were located in R.G.'s bedroom on a long-term basis, nor was there any persuasive evidence that R.G. intended to exercise dominion and control over the pistol that was apparently brought there by her boyfriend in the middle of the night.
The facts in Ms. Smith's case are dramatically different. When the police arrived at the apartment to execute the search warrant, they found themselves in what amounted to, or at least suggested, a small indoor arsenal or garrison. Recovered from various locations in the apartment were a .45 caliber Uzi style machine gun, a black assault-style weapon, and well over 150 rounds of .357 and other ammunition, as well as a bulletproof vest, a gun-cleaning kit, and several indicia of a drug selling operation. Evans admitted to the police that some of the .357 ammunition had previously belonged to a now-dead relative and had previously been in his own possession for many years.*fn6
Viewing the record, as we must, in the light most favorable to the prosecution, and drawing all reasonable inferences in the prosecution's favor, an impartial juror could surely find beyond a reasonable doubt that Ms. Smith, a resident of the apartment, knew of the weaponry that was located there, and especially of the Uzi and the ammunition in the closed backpack found near her bed, i.e., the contraband of which she was convicted of possessing. This is true even though the items were not in plain view when the police entered.
This does not, of course, resolve the issue whether the prosecution proved that Ms. Smith had the requisite intent. In R.G., we recognized that the constructive possession doctrine should not automatically be applied "to impose liability on a person who simply fails to dissociate from, or has mere knowledge of, the presence of contraband." Id. at 651 (quoting Rivas v. United States, 783 A.2d 125, 145 (D.C. 2001) (en banc) (Ruiz, J., concurring)).*fn7 We also reiterated, however, that where contraband (as here) is not in plain view, but where "the element of knowledge cannot be significantly disputed," the "additional evidence necessary to prove the intent element of constructive possession is comparatively minimal." Id. at 648 (quoting Smith v. United States, 899 A.2d 119, 122 (D.C. 2006) (brackets and internal quotation marks omitted)). As Judge Tamm recognized four decades ago in Holland, it was not easy then to derive a clear rule from the precedents, and it is not appreciably easier now.
Few constructive possession cases are simple. Whether a given factual situation involves the intent to exercise dominion and control over contraband, either individually or jointly, rather than "mere" failure to dissociate oneself from it, is often a tough and in some measure subjective judgment call. That call is, however, essentially one for the jury. In many (perhaps most) instances, intent can be established only by circumstantial evidence. In this case, Ms. Smith lived with her boyfriend for some appreciable period of time in an apartment containing a significant amount of unlawful weaponry. The Uzi and ammunition which led to her conviction were found adjacent to the bed she shared with Evans. There was no evidence that she ever made even a modest request that the contraband be removed, or that she was displeased in any way by its presence. The jury could still plausibly have found that she was merely a tolerant co-resident and that the government did not prove the contrary. Conceivably, I might have so concluded had I been the trier of fact. Ms. Smith was sentenced to serve significant prison time, and especially in such circumstances, we should require the jury to be able to reach a "subjective state of near-certitude of the guilt of the accused," before sustaining the conviction. Id. at 648 (quoting Rivas, 783 A.2d at 133-34 (emphasis and citations omitted)).
The applicable standard, however, is whether any reasonable juror could, on these facts, find the requisite intent beyond a reasonable doubt. For me, that is not at all an easy call, but I am not prepared, on this record, to second-guess the verdict of the jury. Accordingly, I join my colleagues in voting to affirm the judgment.
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June 26, 1963
Hooshang BEHROOZI
Robert B. JAMES and Gerald S. Cloud
This is a personal injury action arising from an automobile accident wherein plaintiff allegedly sustained a whiplash injury. Defendant has moved to dismiss plaintiff's complaint and in the alternative for more specific pleading or for summary judgment pursuant to Rules 12, 8 and 56, Federal Rules of Civil Procedure. The thrust of these motions goes to an alleged lack of jurisdiction over the subject matter in that defendant asserts that plaintiff's damages, the amount in controversy, do not exceed $ 10,000.00. Since disposition of this issue will render the other motions unnecessary, they will be considered only if the motion to dismiss is denied ultimately.
The complaint is presumably filed in good faith and appears on its face to sustain a claim sufficient to meet the jurisdictional requirement. However, assuming that the brief of plaintiff states the entire case for damages, it seems very doubtful that plaintiff will be able to establish a claim for the requisite amount. Plaintiff has the burden of proving jurisdictional facts. Garfield Local 13-566, etc. v. Heyden Newport Chemical Corp. et al., 172 F.Supp. 230 (D.N.J1959). Should the plaintiff elect to stand on the present record and his brief, this Court would feel constrained to grant the motion of the defendant to dismiss.
There is no good reason why plaintiff's case should await dismissal at a later date, with attendant delay and possible prejudice, when a disposition of the issue of jurisdiction could be made now. It is proper procedure to decide the issue of jurisdiction over the subject matter upon affidavits, depositions and the complaint. Weinberger v. Toms River Express, Inc., 135 F.Supp. 872 (E.D.Pa.1951). The statements in plaintiff's brief might be treated as factual admissions of the extent of the damage claims. However, it is a better practice to dispose of an important issue involving jurisdiction on affidavits, depositions or any other competent factual material which plaintiff has and could produce at trial.
AND NOW, this twenty-sixth day of June, 1963, IT IS ORDERED that the plaintiff shall inform the Court by affidavits, depositions or other appropriate means within sixty (60) days of the date hereof, of any evidence which he may have and could produce at trial to show the extent of the damages claimed in this action.
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text: Primary School Math 5 points Previous question Next question By reversing the order of digits of the greatest number made by five different non-zero digits, the new number is the _____ number of five digits. Fill in the blanks to make the statements true. 1 Ask for details Follow Report by NalahVohra255 05.06.2015 Log in to add a comment


text:
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can i make money motherf*cker? (yeah)is that alright wit'chu? (no doubt)can i travel? (word, skull & bones)can i have a nice motherf*ckin car? (h*ll yeah)thank you (knowhat
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[b real]
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can i live? — can i live?


text:
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shawn conway 1
2016-07-12 22:49:15-05
ABSOLUTELY HORRIBLE CUSTOMER SERVICE. I am restoring an old mustang and average $200-$300 a month there for the last 12 months. I returned a 3 month old battery that wouldn't hold a charge and got nothing but attitude, even though they tested the battery and confirmed it was junk.They fill the store with bodies, regardless of their knowledge about cars. When they do get someone good then they don't last. Feedback: Employ customer service oriented individuals with automobile knowledge.


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Smith & Nephew plcNYSE
Tue, Nov. 22, 11:56 AM
- New guidelines from the World Health Organization (WHO) recommend the use of negative pressure wound therapy (NPWT) in adult patients on primarily closed surgical incisions in high-risk wounds as a way to reduce surgical site infection and the length of hospital stay.
- The guidelines bode well for Smith & Nephew's (SNN -1.5%) single-use NPWT system called PICO, which has demonstrated its ability to reduce surgical site complications in orthopedic surgery in addition to a wide range of high-risk wounds.
Mon, Nov. 14, 3:50 PM| Mon, Nov. 14, 3:50 PM | 6 Comments
Thu, Nov. 3, 7:58 AM
- Smith & Nephew plc (NYSE:SNN): Q3 Revenue of $1.12B (+0.9% Y/Y)
- Sports Medicine, Trauma & Other Revenue: $457M
- Reconstruction Revenue: $351M
- Advanced Wound Management Revenue: $311M
- Press Release
Wed, Oct. 5, 8:27 AM
- Smith & Nephew plc (NYSE:SNN) had declared $0.25/ADS semi-annual dividend, -35.3% decrease from prior dividend of $0.38.
- Payable Oct. 25; for shareholders of record Oct. 7; ex-div Oct. 5.
Thu, Jul. 28, 5:20 AM
- Smith & Nephew plc (NYSE:SNN): H1'16 EPS of $0.27
- Revenue of $2.33B (+2.6% Y/Y)
- Shares -4% PM.
- Press Release
Wed, May 18, 8:42 AM
- Smith & Nephew plc (NYSE:SNN) has agreed to sell its gynecology unit to Medtronic plc (NYSE:MDT) for $350M. The deal is expected to reduce SNN's 2016 non-GAAP EPS by less that $0.01 and be neutral in 2017.
- SNN intends to buyback $300M in shares following the transaction.
Thu, May 5, 8:56 AM
- Smith & Nephew (NYSE:SNN): Q1 Revenue of $1.14B (+3.6% Y/Y)
- Shares -2.64% PM.
Fri, Feb. 12, 7:38 AM
- Gilead Sciences (NASDAQ:GILD) initiated with Outperform rating and $120 (37% upside) price target by Oppenheimer.
- CareDx (NASDAQ:CDNA) initiated with Buy rating and $12 (137% upside) price target by Janney Capital.
- Shire plc (NASDAQ:SHPG) initiated with Neutral rating by Guggenheim.
- Ultragenyx Pharmaceutical (NASDAQ:RARE) initiated with Buy rating and $104 (95% upside) price target by H.C. Wainwright.
- Depomed (NASDAQ:DEPO) initiated with Buy rating and $22 (38% upside) price target by UBS.
- ACADIA Pharmaceuticals (NASDAQ:ACAD) initiated with Buy rating and $40 (128% upside) price target by Bank of America.
- Leerink restarts coverage on eight stocks: four Outperforms: Alexion Pharmaceuticals (NASDAQ:ALXN); Regeneron Pharmaceuticals (NASDAQ:REGN); Vertex Pharmaceuticals (NASDAQ:VRTX) and Gilead Sciences (GILD); four Market Performs: Celgene (NASDAQ:CELG); Biogen (NASDAQ:BIIB); Medivation (NASDAQ:MDVN) and Amgen (NASDAQ:AMGN).
- TESARO (NASDAQ:TSRO) initiated with Buy rating by Lake Street.
- AbbVie (NYSE:ABBV) initiated with Outperform rating by William Blair.
- Seattle Genetics (NASDAQ:SGEN) upgraded to Buy with $38 (41% upside) price target by Cantor Fitzgerald.
- Shire plc (SHPG) upgraded to Outperform with price target of $240 (59% upside) by RBC.
- Amedisys (NASDAQ:AMED) upgraded to Outperform with $40 (15% upside) price target by Oppenheimer.
- Smith & Nephew (NYSE:SNN) downgraded to Neutral from Buy by UBS. Price target lowered to 1,100p (4% upside) from 1,250p.
- Quidel (NASDAQ:QDEL) downgraded to Hold from Buy by Canaccord. Price target lowered to $18 (18% upside) from $22.
- BioCryst Pharmaceuticals (NASDAQ:BCRX) downgraded Neutral from Overweight by JP Morgan. Price target lowered to $5 (201% upside) from $16.
Thu, Feb. 4, 1:03 PM
- Smith & Nephew (NYSE:SNN) declares semi-annual dividend of $0.38/ADS bringing total annual dividend to $0.616/ADS (+4% Y/Y).
- The annual dividend of $0.616/ADS represents yield of 2.34% payable on May 11 to shareholders on record of April 22.
Thu, Feb. 4, 10:49 AM
- Smith & Nephew (SNN -1.7%) FY15 results: Revenues: $4,634M (+0.4%); R&D Expense: $222M (-5.5%); SG&A: $2,641M (+6.9%); Operating Income: $628M (-16.2%); Net Income: $410M (-18.2%); EPS: $0.46 (-17.9%); Non-GAAP EPS: $0.85 (+2.4%).
- No guidance given.
Thu, Feb. 4, 7:44 AM
- Smith & Nephew (NYSE:SNN): FY15 EPS of $0.85
- Revenue of $4.63B (+0.2% Y/Y)
Mon, Feb. 1, 9:07 AMSmith & Nephew chief stricken with cancer, will continue to lead the company through treatment period
- In a regulatory filing, Smith & Nephew (NYSE:SNN) discloses that CEO Olivier Buhuon has been diagnosed with an undisclosed but highly treatable cancer. His treatment will begin later this month and continue into the fall. He will continue to be active in leading the company during this time but Chairman Roberto Quarta will step in if needed.
- Mr. Buhuon will present the company's Q4 and full-year results on Thursday, as usual.
Dec. 18, 2015, 10:31 AM
- M&A rumors are active this morning with the latest being Stryker (SYK -1%) eyeing Smith & Nephew (SNN +3.5%).
- Unsurprisingly, Merck (MRK -1.1%) continues to eye Relypsa (RLYP +0.9%).
- Previously: Relypsa up 17% on rumored Merck interest (Dec. 4)
- Update: Sources say the Stryker will pay ~$18B for SNN. A deal could be announced as early as next week.
Oct. 29, 2015, 9:13 AM| Oct. 29, 2015, 9:13 AM
Jul. 30, 2015, 9:07 AM
- Smith & Nephew plc (NYSE:SNN): Q2 EPS of $0.39 in-line.
- Revenue of $1.17B (+1.7% Y/Y) beats by $30M.
Jun. 29, 2015, 3:30 PM
- Becton, Dickinson (BDX +0.3%) upgraded to Buy from undefined with a $167 (18% upside) price target by UBS.
- Community Health Systems (CYH -0.9%) upgraded to Buy from Neutral with an $83.90 (33% upside) price target by Mizuho Securities.
- LifePoint Health (LPNT +2.8%) upgraded to Buy from Neutral with a $95.71 (11% upside) price target by Mizuho Securities.
- UnitedHealth Group (UNH -1.3%) upgraded to Buy from Neutral with a $126 (3% upside) price target by Sterne Agee CRT.
- Tenet Healthcare (THC -1.5%) upgraded to Outperform from Market Perform with a $64 (12% upside) price target by Wells Fargo.
- Cepheid (CPHD -1.7%) raised to Buy from Hold with a $75 (25% upside) price target by Craig-Hallum.
- Merge Healthcare (MRGE -0.1%) upgraded to Buy from Hold with a $5.75 (17% upside) price target by Topeka Capital.
- Alere (ALR -0.2%) upgraded to Buy from Neutral with a $60 (15% upside) price target by Goldman Sachs.
- Smith & Nephew (SNN -2.1%) upgraded to Buy from Neutral with a 1275p (16% upside) price target by UBS.
- Aerie Pharmaceuticals (AERI -4.3%) upgraded to Buy from Hold with a $40 (135% upside) price target by Canaccord Genuity.


text:
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In fact, our goal is to advance our manager trainees to a store manager position within 2-5 years. Store Management Trainee....
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Investment Consultant Trainee that is working toward licensure. You will be an integral part of a branch office team which includes a Branch Manager and one or...
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Come meet our hiring manager in person. Visit us on Wednesday, December 7th from 10am to 2pm!...


text:
Daniel Pommella
A 30 second spot to promote the new electronics recycling program in Ontario, Canada. A collaboration between Tendril, Pitú and Cypheraudio. tendril.ca (Co-Direction, Design, Animation and Production) pitu.tv (Co-Direction, Art Direction, Design and Animation) cypheraudio.com (Sound Design and Music)
Full Credits
Client - Ontario Electronic Stewardship
Agency - Agency59
Agency CD - John McIntyre
Agency CW/AD - Ketan Manohar and Chad Burnie
Agency Producer - Bob Kirk
Production Company - Tendril Design+Animation Inc.
Directors - Tendril + Pitú
Art Direction - Pitú
Design - Alexandre Torres, Chico Jofilsan, Chris Bahry, Daniel Pommella and Vini Nascimento
Executive Producer - Kate Bate
Producer - Anne Deslauriers
Music & Sound Design - Cypheraudio
3D Modeling - Alexandre Torres, Chico Jofilsan, Daniel Pommella and Vini Nascimento
3D Animation - Luis Guilherme, Marcin Porebski and Vini Nascimento
2D Animation - Chico Jofilsan and Daniel Pommella
2D FX Animation - Luis Guilherme
Lighting & Render - Alexandre Torres and Chris Bahry
Compositors - Chico Jofilsan, Chris Bahry and Daniel Pommella


text:
The Company is a 40-year old integrated B2B integrated digital communications agency with a history of providing high-end execution to larger Fortune 500 type clients. The company is strategically headquartered in a desirable business neighborhood near the heart of Chicago's marketing and technology center. The Company excels at combining storytelling with digital creative and technology tools to create compelling and effective integrated business communications for its clients.
Financials (USD)
Asking Price Between $2,500,000 and $5,000,000
Sales $4,681,000
Profit $1,144,000
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text:
North Augusta Golf and Country Club Reviews
Average: 4 (1 vote)
2001 Gregory Lake Rd
North Augusta, SC 29860-9642
North Augusta, SC 29860-9642
(803) 279-0704
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All parent member reviews for MySims Sky Heroes
Parents say
(out of 1 reviews)
age 6+
Review this title!
Great for parents and their kids to play together
A lot of fun for both me and my kids to play at the same time. I am unable to tell you which one of us likes it best. Like the video game version of a Pixar movie in that way.
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Great role models
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