text:
To be fair she did fool me, 4 years ago I did not realize she was a pathological liar.<quoted text>
Who are you trying to kid?
You fooled Homer?
How 'bout when you knuckleheads come on here crowing about a DJIA drop or warning of $7/gal GAS!!!!
Flack has to be under a suicide watch every time the markets post record gains or gas drops below $3/gal.
Barack Obama, our next President
There are 1457546 comments on the Hampton Roads Daily Press story from Nov 5, 2008, titled Barack Obama, our next President. In it, Hampton Roads Daily Press reports that:"The road ahead will be long. Our climb will be steep," Obama cautioned. Young and charismatic but with little experience on the national level, Obama smashed through racial barriers and easily defeated ...
Join the discussion below, or Read more at Hampton Roads Daily Press.
#948800 Jul 19, 2013
United States
#948801 Jul 19, 2013
House of Representatives Republicans passed a version of the long-delayed farm bill last week that upset the apple cart because it was missing a key political ingredient the food-stamp program.
A part of the bill since the 1970s and which helped smooth its passage, the removal of food stamps raised concerns among low-income families, farmers and lawmakers in both parties.
Q: What is the food-stamp program?
A: Known officially as the Supplemental Nutrition Assistance Program, or SNAP for short, and administered by the U.S. Department of Agriculture, it is designed to alleviate hunger and improve nutrition among low-income families. It also aims to encourage them to spend food dollars more economically.
Q: How does it work?
A: Users buy food and related items with special debit cards. Alcohol and tobacco purchases are prohibited. As of April, the program had nearly 48 million participants, a nearly 3 percent increase from a year ago.
Q: Who qualifies?
A: Households must earn less than 130 percent of the federal poverty guideline and have assets of less than $2,000. For a family of four, this would mean an annual income of less than $31,321, according to the U.S. Department of Health and Human Services poverty guidelines.
Low-income people who are disabled or age 60 and older are exempt from gross income requirements but must have assets less than $3,250.
Q: How much does it cost?
A: This year the cost was $78.4 billion, up from $20.6 billion in 2002.
Q: Why are food stamps in the farm bill?
A: The USDA has always been charged with overseeing nutrition policy, dating back to 1939 when Congress enacted the first food-stamp program to help distribute food amid widespread unemployment near the end of the Great Depression. It became part of the farm bill in the 1970s. Urban lawmakers supported the legislations nutrition policies, while rural lawmakers favored its price supports for crops such as wheat and cotton.
Q: Why did House Republicans remove food stamps from the farm bill?
A: Both parts of the farm bill food subsidies and nutrition have grown over time and became targets of the growing influence inside the House Republican caucus of tea-party supporters and others who want to cut federal spending.
Passing a farm policy-only bill was an attempt to get something passed an earlier attempt in June failed and into a House-Senate conference committee. Lawmakers then would try to produce a compromise version between the House bill and an earlier version passed by Senate, which does include the longstanding nutrition programs.
House Agriculture Committee Chairman Frank Lucas, R-Okla., said the House bill was the first step toward enacting farm policy that allows lawmakers to start on a path forward that ultimately gets a farm bill to the presidents desk.
Q: Were other nutrition programs eliminated in the House bill, too?
A: Yes. Republicans also dropped the Emergency Food Assistance Program, as well as others aimed at children, seniors and Native Americans. President Obama warned lawmakers that he would veto any bill that doesnt include nutrition policy.
Q: How likely is it that food stamps and other nutrition programs will be part of the final bill?
A: Hard to say. Even if a conference committee produces a bill, theres no guarantee that it would pass both chambers, despite Obamas veto threat. Sen. Debbie Stabenow, D-Mich., chairwoman of the Senate Committee on Agriculture, Nutrition and Forestry, said there is little support for passing separate bills: one for farm policy and one for nutrition and aid programs.
It would be a major mistake in policy and it would be a major mistake in getting a bill done, she said in a Monday conference call with reporters.It wouldnt get done.
United States
#948802 Jul 19, 2013
"If you have no links or examples to offer then be a good consumer and go watch TV, airhead." - shinningelectr0n
#948804 Jul 19, 2013
Baltimore is a great city, Homer was just there a couple months ago, the inner harbor was packed with people and thriving.
"My Life Is A Shell Game"
Since: May 07
#948805 Jul 19, 2013
Links. Where did you pull these numbers from?
thinkprogress? mediamatters? George Soros' Limo Driver?
How do you know that marijuana usage is the same between whites and blacks? How many polls have you done?
Eric Racist Holder runs the DOJ so all and every piece of data is now racially biased. Get used to the George Zimmerman Effect.
Big fat grey areas are where Liberal Gobbledegook flourishes.
..and your childish posts.
Since: Jun 13
#948806 Jul 19, 2013
Okay, let's pretend for a minute.
President Romney, his Republican Secretary of State and his Republican Ambassador to the UN start a lie about a terrorist attack on 9/11 right before an election leaving four Americans dead and continue to perpetrate that lie for weeks afterwards.
President Romney asks survivors of this terrorist attack to sign a Nondisclosure Agreement to remain silent about what they know.
President Romney says in front of a conservative crowd "punish our enemies" and almost immediately the IRS targets liberal citizens, donors and organizations en masse interrogating them in a manner that clearly violates their constitutional rights.
President Romney, after targeting his political enemies using the IRS, is discovered to also have access to his political enemies' personal data as well.
If we weren't pretending, you know as well as me, a President Romney would be fighting to remain in office because the liberal media would have crucified him a hundred times over already.
May I call you "oh, clueless one" from now on if you still don't get it?
"Constitutionalis t"
Since: Dec 10
#948807 Jul 19, 2013
For Obama to be blamed for anything, he'd actually have to do something.
Obama is a candidate for the biggest hoax ever perpetrated on human society in the history of civilization.
Let's look at his resume:
Poor student at Occidental, from where he claims to have transferred to...
Columbia University where there is no record of Obama ever having been on the campus and nobody in his class ever met him, after which he moved to...
Chicago where he meets Vernon Jarrett and William Ayers, then he is admitted to...
Harvard University where nobody has a clue what he did, after which he moved back to Chicago where he...
Was a community organizer and never saw the inside of a court room as a lawyer before he was put on the faculty of...
University of Chicago Law School where the real faculty there descirbes Obama as, and I quote, "lazy and unqualified", after which...
Obama starts his political career in the home of the communist terrorist William Ayers...
And the rest is a history of a lack of doing anything up to today.
#948808 Jul 19, 2013
Typical Republican mindset cut and run especially when their fellow Americans are involved. But Iraq, we must invade/destroy/rebuild and make them a Democracy. You idiots kill me. The Lions already play in Pontiac. As an aside, you are a complete azzhole, no offense.
#948809 Jul 19, 2013
Galt is not all that interested in Florida law.
#948810 Jul 19, 2013
gFy with a capital "F" you racist swine
#948811 Jul 19, 2013
Survivor of SFO plane crash was murdered by union thug...no arrest yet.
Since: May 11
#948812 Jul 19, 2013
His Great Recession didn't help.
"Constitutionalis t"
Since: Dec 10
#948815 Jul 19, 2013
Have a good weekend, everyone. Don't get blown up by one of Obama's drones, or arrested for defending yourself, or speak the truth to too many people and end up in one of Obama's detention centers after being detained indefinitely without charges.
#948816 Jul 19, 2013
Nobody would be surprised.
#948817 Jul 19, 2013
Obama didn't tell anyone to sign an NDA liar. And by the way the Virginia congressman who was on Fox an hour ago was lying out his azz.
Benghazi survivor? How many were there employed by the state department? State department personnel sign NDA's on their first day of employment dumbazz. How many were CIA employees? CIA contractors? How many of the contractors were not even American citizens?
Two books written by so called Benghazi survivors are due out soon, so much for NDA's.
More FOX nonsense to get nitwits like you all twisted up.
#948818 Jul 19, 2013
Translation: Galt just had his ass handed to him again.
"Constitutionalis t"
Since: Dec 10
#948819 Jul 19, 2013
You are talking about the recession caused by the economic disaster caused by the Democrats' subprime housing loan program that collapsed the economy after two years of oversight by Democrats Dodd and Frank, right?
United States
#948820 Jul 19, 2013
"Okay, let's pretend for a minute" -
Your posts are fox pretend!
Best was when YOU were the last to discover
"Hitler had a dark side".
Happy you now speak for Black and Hispanic people,....Amazing
#948821 Jul 19, 2013
Patrick has Tourette's syndrone, keeps barking out the same thing.
"My Life Is A Shell Game"
Since: May 07
#948822 Jul 19, 2013
Demographics come heavily into play here and the thinkprogress boobs will always play with your head where they can.
For the sake of argument, let's say that 90% of America's non-black population resides outside of urban reservations.
Given this fact, it is most likely that most crimes against whites would be by whites, of course.
But the issue here is black crime against whites which is really of crime of opportunity. Trayvon Martins will not hop a plane to Alaska to prey on elderly whites with money. They will either ride into the suburbs to whack someone or wait for a white business person to walk by in downtown Detroit.
Black crime consists mostly as crimes of opportunity. If they can, they will. Put the cheese out of reach, and they won't.
In light of these facts, it is important that we not allow the thinkprogressive propagandists to play with numbers like Tenzing does. thinkclearly is much better than thinkprogress
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United States District Court, E.D. Pennsylvania
February 12, 2014
BENT GLASS DESIGN, Plaintiff,v.SCIENSTRY, INC., Defendant.
ROBERT F. KELLY, Sr., District Judge.
Presently before this Court is Defendant, Scienstry, Inc.'s, "Supplemental Motion to Dismiss Plaintiff's Amended Complaint and/or Transfer Venue, " Plaintiff, Bent Glass Design's Response in Opposition, and the oral arguments set forth by the parties at a hearing held on January 24, 2014. For the following reasons, Defendant's Motion is denied.
Plaintiff, Bent Glass Design, Inc. ("Plaintiff"), is a corporation, organized and existing under the laws of Pennsylvania, with an office located at 3535 Davisville Road in Hatboro, Pennsylvania. Compl. ¶ 1. Plaintiff is in the business of processing, shaping, fabricating and manufacturing glass products for all different types of industries, applications and uses including shipbuilding. Id . ¶ 10. Defendant, Scienstry, Inc. ("Defendant"), is a corporation, organized and existing under the laws of Texas with an office located at 1110 East Collins Boulevard in Richardson, Texas. Id . ¶ 2. Defendant engages in the fabrication and sale of privacy glass panels. Id . ¶ 12.
For the past several years Plaintiff has been working on a project, known as the Swift Boat 141 Project (the "Swift Boat Project"), that involved supplying finished glass products for a very large yacht being built in Abu Dhabi, United Arab Emirates. Id . ¶ 11. At some point in 2009, Plaintiff, who is not a manufacturer of privacy film, identified Defendant as a potential vendor to provide this product for the Swift Boat Project. Id . ¶¶ 27-28. Plaintiff contacted Dr. Jenson Wang ("Dr. Wang"), the owner and President of Defendant, regarding Plaintiff's need for privacy film. Id . ¶¶ 14, 28. Subsequent to consulting with Dr. Wang, Plaintiff decided to purchase Defendant's 3G Switchable Film, NPD-300 Series ("300 Film"), for use in the Swift Boat Project. Id . ¶¶ 36-38. In the period beginning November 13, 2009, through late March 2011, Plaintiff ordered multiple shipments of the 300 Film at a total cost of $234, 633.11. Id . ¶ 46.
In or around December 2010, after most of the panels of the 300 Film were installed on the Swift Boat, it became apparent that the 300 Film was not providing the requisite privacy for which it had been chosen and ordered. Id . ¶¶ 73, 75. As a result, Plaintiff was required to uninstall the 300 Film and find a suitable replacement privacy film. Id . ¶ 77. After again consulting with Dr. Wang, Plaintiff selected the 400 Film to replace the 300 Film and ordered a total of $329, 538.16 of the product. Id . ¶ 79. In order to complete the privacy panel part of the Swift Boat Project, Plaintiff had to fabricate and laminate new replacement panels for all the previously installed 300 Film panels using the new 400 Film. Id . ¶ 80. Since the installation of the 400 Film onto the Swift Boat, the product has performed as intended. Id . ¶ 85.
On July 24, 2013, Plaintiff filed suit against Defendant in the United States District Court for the Eastern District of Pennsylvania (the "Eastern District of Pennsylvania") alleging breach of contract, breach of the implied warranty of fitness for a particular purpose and breach of the implied warranty of merchantability. (See Doc. No. 1.) On August 19, 2013, Defendant filed a Motion to Dismiss Plaintiff's Complaint and/or Transfer Venue. (See Doc. No. 6.) Plaintiff did not respond to Defendant's Motion; rather, it submitted an Amended Complaint on September 25, 2013. (See Doc. No. 9.) Defendant subsequently filed a Supplemental Motion to Dismiss Plaintiff's Amended Complaint and/or Transfer Venue to which Plaintiff responded on November 21, 2013. Oral argument regarding issues of jurisdiction and venue were heard before the Court on January 24, 2014.
Defendant's Motion raises questions concerning jurisdiction and venue. The first inquiry is whether a court sitting in Pennsylvania may exercise jurisdiction over Defendant, a Texas corporation. Defendant argues that it lacks the requisite connections with Pennsylvania for the Court to exercise personal jurisdiction over it; therefore, the action must be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(2).
The second inquiry is multi-faceted. First, we must determine the validity of the forum selection clause cited by Defendant. Second, if this clause is found to be inapplicable, we must ascertain whether the Eastern District of Pennsylvania is the proper venue for Plaintiff's claims. If it is not found to be proper, we must then decide whether the action should be dismissed or transferred to the United States District Court for the Northern District of Texas (the "Northern District of Texas").
Rule 4(e) of the Federal Rules of Civil Procedure grants federal district courts with personal jurisdiction over non-resident defendants to the extent permissible under the state law of the jurisdiction where the court sits. See Fed.R.Civ.P. 4(e); see also Metcalfe v. Renaissance Marine, Inc. , 556 F.3d 324, 330 (3d Cir. 2009). In Pennsylvania, the applicable long-arm statute allows personal jurisdiction over non-resident defendants to be exercised to the extent permissible under the due process clause of the Fourteenth Amendment. See Pa. Cons. Stat. § 5332(b)[1]; see also Grand Entm't Grp., Ltd. v. Star Media Sales, Inc. , 988 F.2d 476, 481 (3d Cir. 1993).
A district court may exercise in personam jurisdiction over a non-resident so long as the defendant has "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice." Int'l Shoe Co. v. Washington , 326 U.S. 310, 316 (1945). When a defendant calls into question the district court's lack of personal jurisdiction, the burden rests with the plaintiff to prove personal jurisdiction by a preponderance of the evidence. Control Screening LLC v. Tech. Application and Prod. Co. , 687 F.3d 163, 167 (3d Cir. 2012). This burden is met when the plaintiff sets forth a prima facie case for the exercise of personal jurisdiction by "establishing with reasonable particularity sufficient contacts between the defendant and the forum state." Mellon Bank (East) PSFS, Nat'l Assoc. v. Farino , 960 F.2d 1217, 1223 (3d Cir. 1992) (quoting Provident Nat. Bank v. California Fed. Sav. & Loan Assoc. , 819 F.2d 434 (3d Cir. 1987)).
There are two types of personal jurisdiction: general and specific. Helicopteros Nacionales de Colombia S.A. v. Hall , 466 U.S. 408, 414 (1984). General jurisdiction requires only that the plaintiff's claim arises out of the non-resident defendant's "continuous and systematic" contacts with the forum state, and does not require that the cause of action be related to the defendant's activities in the forum state. Rocke v. Pebble Beach Co., No. 13-1149, 2013 WL 5568727, at *2 (3d Cir. Oct. 10, 2013). On the other hand, in order for a district court to possess specific jurisdiction, the plaintiff's claim must arise out of the defendant's forum related activities such "that the defendant should reasonably anticipate being haled into court there." Vetrotex Certainteed Corp. v. Consl. Fiber Glass Prods. Co. , 75 F.3d 147 (3d Cir. 1995) (quoting World-Wide Volkswagen Corp. v. Woodson , 444 U.S. 286, 297 (1980)).
The proper exercise of specific jurisdiction relies on the presence of three criteria. First, Plaintiff must show that Defendant has "purposefully directed its activities" at the forum. Burger King Corp. v. Rudzewicz , 471 U.S. 462, 472 (1985). Second, Plaintiff's claims must "arise out of or relate" to at least one of those activities. Helicopteros , 466 U.S. at 414. Third, if these two prongs are met, the court must then consider whether exercising jurisdiction would "comport with fair play and substantial justice." Burger King, 471 at 476 (citing Int'l Shoe , 326 U.S. at 320).
Due to the standard for general jurisdiction being more difficult to satisfy, the logical starting point is whether Plaintiff has proven the existence of specific jurisdiction by a preponderance of the evidence. See Compagnie Des Bauixites De Guinne v. L'Union , 723 F.2d 357, 362 (3d Cir. 1983) (recognizing general jurisdiction requires defendant's contacts with the forum to be qualitatively and quantitatively greater). Prior to addressing the arguments relating to jurisdiction, we must consider a preliminary matter. Defendant argues that Plaintiff "failed to allege specific jurisdiction" in the Amended Complaint. See Suppl. Mot. to Dismiss or Transfer Venue ¶ 30. This statement is incorrect because Plaintiff's Amended Complaint explicitly asserts specific jurisdiction. See Am. Compl. ¶ 8. Nonetheless, Defendant did submit additional arguments against the exercise of specific jurisdiction, which were further developed in oral argument.
After consideration of the parties' submissions and oral arguments, we conclude that we possess specific jurisdiction over Defendant.[2] Our exercise of jurisdiction rests on the following findings: Defendant purposefully directed its activities at Pennsylvania, Plaintiff's claims arise out of or relate to these activities and the exercise of jurisdiction by this Court comports with the notions of fair play and substantial justice. See Burger King , 471 U.S. at 472; Helicopteros , 466 U.S. at 414.
1. Purposeful Availment
The starting point for our analysis is Defendant's internet website, which operated as the bridge connecting a Pennsylvania buyer with a Texas seller. The website, though operated from Texas by Defendant, was accessible in Pennsylvania. The United States Court of Appeals for the Third Circuit ("Third Circuit") recently affirmed that jurisdiction does not exist over a foreign entity solely by that entity's operation of a commercially available website. Rocke v. Pebble Beach Co., 2013 WL 5568727, at *3 (citing Toys R' Us, Inc. v. Step Two, S.A. , 318 F.3d 446, 454 (3d Cir. 2003)). "Rather, there must be evidence that the defendant purposefully availed' itself of conducting activity in the forum state, by directly targeting its web site to the state, knowingly interacting with residents of the forum state via its web site, or through sufficient other related contacts." Toys R' Us , 318 F.3d at 454. Thus, we must determine whether Defendant's operation of a commercially interactive website accessible in Pennsylvania is sufficient to support specific personal jurisdiction. See Id. at 451.
Plaintiff has adequately demonstrated and the record supports that Defendant knowingly interacted with a Pennsylvania corporation. At the hearing, Dr. Wang acknowledged that he knew that Plaintiff was a Pennsylvania corporation at the time of the initial transaction. In addition, the price quotation sent by Defendant to Plaintiff on November 12, 2009, explicitly listed Plaintiff's Pennsylvania location.
Furthermore, a string of recent cases have held that in the aggregate the operation of a website accessible in the forum state, the receipt of orders and payments from customers in that forum, and the shipping of products to the forum state constitutes purposefully targeting that forum state. See Gentex Corp. v. Abbott, No. 12-2549, 2013 WL 5596307, at *4 (M.D. Pa. Oct. 10, 2013); TRE Servs., Inc., 2012 WL 2872830, at *4-5; Watson v. Blessey Marine Servs. Inc., No. 11-1252, 2011 WL 5878050, at *4-5 (W.D. Pa. Nov. 23, 2011); L'Athene, Inc. v. EarthSpring LLC , 570 F.Supp.2d 588, 593-94 (D. Del. 2008). Here, Plaintiff has shown that Defendant operated a website that was accessible in Pennsylvania. Though Plaintiff could not make purchases directly through the website, Plaintiff could and did utilize the site to solicit Price Quotations from Defendant, which Plaintiff used to place orders. Upon receipt of the corresponding Purchase Orders from Plaintiff, Defendant shipped the goods to Plaintiff's facility in Pennsylvania. We find that this action is indicative of "purposeful availment." Id.
A defendant's non-website related activities also play a role in the jurisdictional inquiry before this Court. See Toys R' Us, Inc. , 318 F.3d at 453. For instance, "non-internet contacts such as serial business trips to the forum state, telephone and internet communications directed to the forum state, purchase contracts with forum state residents, contracts that apply the law of the forum state, and advertisements in local newspapers, " can provide evidence of purposeful availment. Id. at 453-54 (citing Barrett v. Catacombs Press , 44 F.Supp.2d 717, 726 (E.D. Pa. 1999)). In this case, Defendant's conduct in entering Pennsylvania to promote business with Plaintiff, as well as Defendant's extensive communications with Plaintiff, support a finding of purposeful availment.
There is disagreement between the parties as to the purpose and significance of Dr. Wang's sole visit to Plaintiff's Pennsylvania facilities on June 21, 2010. Defendant contends that Dr. Wang's visit was limited temporally, and only for the exclusive purpose of teaching Plaintiff's employees how to properly install the electrode. Plaintiff argues that Dr. Wang's visit, though partly for instructional purposes, was actually undertaken to forge a long-term business relationship. Plaintiff points to the fact that sales increased after Dr. Wang's visit, and that a long-term business relationship did actually develop with more than fifty separate sales consummated between the parties. The affidavit of Dr. Wang lends credence to both Plaintiff's and Defendant's views. In the affidavit, Dr. Wang stated that "the purpose of this trip was to explain to BGD's (Plaintiff) employees ways of installing bus bars so that they could save money when they made future purchases of Scienstry, Inc.'s (Defendant) products." See Def.'s Suppl. Mot. to Dismiss or Transfer Venue Ex. A. Thus, Dr. Wang's visit appears to have dual purposes. In a motion to dismiss pursuant to Rule 12(b)(2), we must accept all of Plaintiff's allegations as true and construe disputed facts in Plaintiff's favor. Carteret Sav. Bank, FA v. Shushan , 954 F.2d 141, 142 n.1 (3d Cir. 1992). Accordingly, we find that the purpose and effect of Dr. Wang's visit indicates Defendant purposefully directed its activities at Pennsylvania.
In addition, Defendant communicated extensively by email and telephone with Plaintiff for a period of over a year. The substance of these emails and phone conversations centered on the sale of Defendant's products to Plaintiff. We find that the numerous communications between Plaintiff and Defendant were not "isolated or sporadic." See Burger King , 471 U.S. at 487. Rather, they were frequent and exemplify a substantial and continuous relationship between the parties, and thus, support a finding of specific jurisdiction over Defendant. See O'Connor v. Sandy Lane Hotel Co., Ltd. , 496 F.3d 312, 317-18 (3d Cir. 2007) (finding that isolated or sporadic contact absent a showing of deliberate action is insufficient to establish the minimum contacts required to establish specific jurisdiction).
In light of Defendant's internet and traditional contacts, it is clear that Plaintiff has satisfied its burden in setting forth a prima facie case that Defendant has intentionally directed its activities at the forum state. See Burger King , 471 U.S. at 472. Our finding is consistent with decades of Supreme Court jurisprudence, which "with respect to interstate contractual obligations, we (the Supreme Court) have emphasized that parties who reach out beyond one state and create continuing relationships and obligations with citizens of another state' are subject to regulation and sanctions in the other State for the consequences of their activities." Id. at 473 (quoting Travelers Health Assn. v. Virginia , 339 U.S. 643, 647 (1950)); see also McGee v. Int'l Life Insur. Co. , 355 U.S. 220, 222-23 (1957).
2. Relationship of the Activities
Subsequent to finding that a defendant purposefully directed his business activities at the forum state, the court must then determine whether the plaintiff's cause of action arises out of or relates to the defendant's activities. See Helicopteros , 466 U.S. at 414. The underlying rationale for specific jurisdiction's relatedness requirement is the "tacit quid pro quo that makes litigation in the forum reasonably foreseeable." O'Connor , 496 F.3d at 322. In contract disputes the relatedness requirement is one of substantive relevance. Gen. Electric v. Deutz AG , 270 F.3d 144, 150 (3d Cir. 2001); Sky Motor Cars v. Auto Sport Designs, Inc., No. 09-4055, 2012 WL 3024006, at *6 (E.D. Pa. July 23, 2012). The court's focus at this stage is directed at whether the "defendant's contacts with the forum were instrumental in either the formation of the contract or its breach." Gen. Electric, 270 F.3d at 250. Here, the extensive telephone and email communications between the parties were essential in the forging and the alleged breach of the contract that underlies Plaintiff's claims. Accordingly, we find that Plaintiff's claims are sufficiently related to Defendant's business activities in Pennsylvania to satisfy the substantive relevance standard. See Sky Motor Cars, 2012 WL 3024006, at *7.
3. Fair Play and Substantial Justice
After the plaintiff establishes the first two requirements, the burden shifts to the defendant to show that the exercise of jurisdiction does not comport with the notions of fair play and substantial justice. Int'l Shoe , 326 U.S. at 316. When the plaintiff has set forth a prima facie case for specific jurisdiction, as in the case here, it is now Defendant's turn to "present a compelling case that the presence of some other considerations would render jurisdiction unreasonable." O'Connor , 496 F.3d at 324 (quoting Burger King , 471 U.S. at 477). The defendant satisfies this burden by demonstrating that the factors set forth in World-Wide Volkswagen Corp. , 444 U.S. at 292, are present, thereby, making the assertion of jurisdiction unreasonable. Mellon Bank, 960 F.2d at 1226.
Here, Defendant has neglected to proffer such a "compelling case" to condemn the exercise of jurisdiction as being outside the boundaries of reasonableness. See Id . (holding that where a defendant has failed to show the unreasonableness of an otherwise constitutional assertion of jurisdiction, the court does not have to consider "fair play and substantial justice"). We note that though Defendant did not explicitly argue this prong, Defendant's contentions regarding the factors that favor a transfer of venue, which will be discussed later in this Opinion, do have some relevance to this issue. However, even imputing these factors into this discussion, Defendant cannot overcome its "heavy burden" of demonstrating that this is one of the "rare cases" where jurisdiction is unreasonable. Pennzoil Prods. Co. v. Colelli & Assocs., Inc. , 149 F.3d 197, 207 (3d Cir. 1998); Grand Entm't Group, 988 F.2d at 483.
In conclusion, we find that Defendant purposefully directed its business activities at Pennsylvania, that Plaintiff's claims arose out of Defendant's business activities, and that our assertion of jurisdiction over Defendant is neither unfair nor unreasonable. As a result of these findings, jurisdiction over the non-resident Defendant has been established. Defendant's Motion for dismissal pursuant to Rule 12(b)(2) is denied.
The general venue provision under federal law, 28 U.S.C. § 1391, allows a plaintiff to bring suit in: (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is not a district in which an action may otherwise be brought... any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action. 28 U.S.C. § 1391(b). However, while venue is initially reliant on a plaintiff's preference as reflected in the pleadings, a district court may upon motion or sua sponte dismiss or transfer a civil action to any other district in the interest of justice and/or for the convenience of parties and witnesses. See 28 U.S.C. § 1404(a); see also 28 U.S.C. § 1406(a); Fed.R.Civ.P. 12(b)(3).[3]
Transfers under § 1404(a) are at the discretion of the district court and should be adjudged on an individualized, case-by-case basis with an eye toward convenience and fairness. See Stewart Org., Inc., v. Ricoh Corp. , 487 U.S. 22, 29 (1988). In making this determination, courts must "consider all relevant factors to determine whether the litigation would more conveniently proceed and the interests of justice be better served by transfer to a different forum." Jumara v. State Farm Ins. Co. , 55 F.3d 873, 879 (3d Cir. 1995) (quoting 15 Charles Wright, Arthur Miller and Edward Cooper, Federal Practice and Procedure: Jurisdiction and Related Matters § 3847 (2d ed. 1986)). The Third Circuit in Jumara identified these considerations as falling within the spheres of private and public interests. Jumara , 55 F.3d at 879. Private interests include: the plaintiff's forum preference as manifested in the pleadings, the defendant's preference, whether the claim arose elsewhere, the convenience of the parties as indicated by their relative physical and financial condition, the convenience of the witnesses (only if they are unavailable for trial in another fora), and the location of books and records. Id . (citing 15 Wright, Miller & Cooper §§ 3848, 3849, 3851, 3853). Moreover, public interests include: the enforceability of the judgment, practical considerations that could make the trial easy, expeditious, or inexpensive, the relative administrative difficulty in the two fora resulting from court congestion, the local interest in deciding local controversies at home and the familiarity of the trial judge with the applicable state law. Id . (citing 15 Wright, Miller & Cooper § 3854). The burden rests with the movant to show that transfer is appropriate. Jumara , 55 F.3d at 879 (citing Shutte v. Armco Steel Corp. , 431 F.2d 22, 25 (3d Cir. 1970) cert denied, 401 U.S. 910 (1971)); see also In re Amendt , 169 F.Appx. 93, 96 (3d Cir. 2006).
Prior to engaging in the § 1404(a) analysis, we must first ascertain whether venue would be proper in Defendant's preferred forum, the Northern District of Texas. See McNulty v. J.H. Miles and Co., Inc. , 913 F.Supp.2d 112, 115 (D.N.J. 2012). If this forum is permissible under § 1391, we must then determine whether a transfer would be warranted under § 1404(a) and the considerations elicited in Jumara. See Clark v. Burger King Corp. , 255 F.Supp.2d 334, 337 (D.N.J. 2003); see also Jumara , 55 F.3d at 879. In this case, venue would be proper in the Northern District of Texas as Defendant is a resident of Texas, a substantial part of the events or omissions giving rise to the claim occurred in Texas and Defendant would be subject to personal jurisdiction in Texas. See 28 U.S.C. § 1391(b). Defendant, as the movant in this matter, bears the burden of demonstrating that transfer is necessary. Jumara , 55 F.3d at 879 (citing Shutte , 431 F.2d at 25; see also In re Amendt, 169 F.Appx. at 96. We now proceed to analyze whether Defendant has demonstrated that transferring this matter to the Northern District of Texas is appropriate in this case.
1. Have the Parties contractually agreed to the adjudication of this suit in the Northern District of Texas?
In ruling on a motion to transfer venue, "the plaintiff's choice of venue should not be lightly disturbed." Jumara , 55 F.3d at 879. However, while the usual practice is to defer to the plaintiff's choice of forum, such deference is not warranted where the plaintiff has contractually chosen a different venue. Id. at 877 (citing In re Ricoh Corp. , 870 F.2d 570, 573 (11th Cir. 1989)). "A forum selection clause can be a term of a contract and agreed to by the parties." Irwin v. Celebrity Cruises, Inc., No. 12-4385, 2013 WL 1314463, at *2 (E.D. Pa. Apr. 2, 2013). Before enforcing a forum selection clause, a court must determine whether the clause was effectuated, in which, the prime consideration is the intent of the parties. Mellon Bank, N.A. v. Aetna Business Credit, Inc. , 619 F.2d 1001, 1009 (3d Cir. 1980) (stating that a "court's paramount consideration is the intent of the parties"). Accordingly, a valid forum selection clause is "treated as a manifestation of the parties' preferences as to a convenient forum.... Thus, while courts normally defer to a plaintiff's choice of forum, such deference is inappropriate where the plaintiff has already freely contractually chosen an appropriate venue." M/S Bremen v. Zapata Off-Shore Co. , 407 U.S. 1, 12 (1972).
Plaintiff has chosen to file this suit in the Eastern District of Pennsylvania, and argues that this is the proper forum for this case. Defendant contends that Plaintiff, through agreeing to a forum selection clause in the Terms and Conditions of Sale ("Terms and Conditions"), has contractually designated the Northern District of Texas as the appropriate forum for any claims arising from Plaintiff and Defendant's business relationship.[4] Plaintiff argues that the Terms and Conditions, which contain the forum selection clause, were not part of the agreed upon sales contract, and therefore, cannot be invoked in support of a transfer of venue. In order to proceed further, we must determine whether the forum selection clause was an included term within the contract between Plaintiff and Defendant.
There is disagreement between the parties as to the date of formation and the terms of the contract. Plaintiff contends that contract formation occurred on November 13, 2009, when Plaintiff by submitting a Purchase Order accepted Defendant's offer, which was in the form of a Price Quotation sent the previous day. Defendant disagrees, and argued at the hearing that the Purchase Order of November 13, 2009, could not be fulfilled, and therefore, no contract could be or was formed on this date.[5] Instead, Defendant argues that the contract was formed when Plaintiff placed its first order on November 18, 2009, and that Plaintiff's knowledge of the Terms and Conditions incorporated them within the agreement. Specifically, Defendant imputes this knowledge to Plaintiff because Plaintiff "knew of and/or should have known of the terms and conditions of sale, which included the forum selection clause, because it was incorporated into two emails that were sent to and received by (Plaintiff), in addition to being on (Defendant's) website, which (Plaintiff) visited before ever contacting (Defendant)." See Def.'s Suppl. Mot. to Dismiss or Transfer Venue ¶ 18.
General principles of contract law require that in order for a contract to be enforceable there must exist offer, acceptance and consideration. Feldman v. Comm. College of Allegheny, 85 F.Appx. 821, 827 (3d Cir. 2004). Here, we are in agreement with Plaintiff that all of the necessary elements of an enforceable contract were met on November 13, 2009, when Plaintiff accepted Defendant's offer of the previous day. A comparison of the Price Quotation and the Purchase Order confirms that the documents are mirror images of each other, and that they satisfy the requirements for a "meeting of the minds." Id . Conspicuously absent from each document are Defendant's Terms and Conditions, or any reference to them. Furthermore, we are not persuaded by Defendant's "inability to perform" argument as Defendant has neglected to submit any evidence in support of this notion such as an email informing Plaintiff of Defendant's limitations or the rejection of Plaintiff's payment for the goods. In contrast, the facts belie Defendant's contention. In fact, Dr. Wang testified that performance was possible, although it would take three months. For these reasons, we find that the forum selection clause was not a contractual term included within the contract entered into on November 13, 2009. However, this finding does not end our inquiry as Defendant raises other grounds for the inclusion of the Terms and Conditions despite their absence from the express terms of the agreement.[6]
Defendant asserts that Plaintiff's failure to object to the Terms and Conditions, even though Defendant "reasonably communicated" them to Plaintiff, renders the terms enforceable under the contract. Defendant cites Standard Bent Glass Corp. v. Glassrobots Oy , 333 F.3d 440 (3d Cir. 2003) for the proposition that a "contract may include additional or different non-material terms proposed by either party, depending on whether the other party formally objects to the terms." Standard Bent Glass , 333 F.3d at 447. Furthermore, Defendant argues that 13 Pa.C.S. § 2207 ("§ 2207") assumes Plaintiff assented to the additional terms since no answer was received within a reasonable time.
Defendant's reliance is misplaced. Forum selection clauses are material terms, and therefore, require express assent to become binding. See CECG, Inc. v. Magic Software Enters., Inc. , 51 F.Appx. 359, 364 (3d Cir. 2002); see also TRE Services, Inc., 2012 WL 2872830, at *3. In addition, § 2207 is of no aid to Defendant because it imposes a statutory bar on additional terms becoming part of the contract where they materially alter the agreement. See 13 Pa.C.S. § 2207.[7] "In the absence of a party's express assent to the additional or different terms of the writing, section 2-207 provides a default rule that the parties intended, as the terms of their agreement, those terms to which both parties have agreed." Step-Saver Data Sys., Inc. v. Wyse Tech. , 939 F.2d 91, 99 (3d Cir. 1991). As Defendant failed to demonstrate that Plaintiff expressly assented to the Terms and Conditions, the application of the forum selection clause under Defendant's "failure to object" argument is proscribed by Pennsylvania law. See 13 Pa.C.S. § 2207; see also TRE Services, Inc., 2012 WL 2872830, at *3. Moreover, Defendant's attempt at attributing knowledge of the Terms and Conditions on Plaintiff based on its website is unsupported by any judicial precedent holding that the presence of additional terms and conditions on a website are binding on a party without any further incorporation into the contractual agreement.
Defendant also contends that the Terms and Conditions were incorporated by reference into its contract with Plaintiff. However, "Incorporation by reference is proper where the underlying contract makes clear reference to a separate document, the identity of the separate document may be ascertained, and incorporation of the document will not result in surprise or hardship." Standard Bent Glass Corp. , 333 F.3d at 447. Here, incorporation is barred because there was no clear reference to the Terms and Conditions in the contract, and the incorporation of the Terms would result in surprise and hardship. See Aceros Prefabricados, S.A. v. TradeArbed, Inc. , 282 F.3d 92, 100 (2d Cir. 2002) (quoting UCC § 2-207 cmt.[8]4) (finding that a material alteration to the contract would "result in surprise or hardship if incorporated without express awareness by the other party")). Moreover, we do not find Defendant's reliance on One Beacon Ins. Co. v. Crowley Marine Servs., Inc. , 648 F.3d 258 (5th Cir. 2011) and Oceanconnect. com v. Chemoil Corp., No. 07-1053 , 2008 WL 194360 (S.D. Tex. Jan. 23, 2008) compelling as these cases are factually inapposite to the case before this Court.
2. Application of the Jumara Factors
We must now determine whether "the litigation would more conveniently proceed and the interests of justice be better served by transfer of venue" to the Northern District of Texas. See Jumara , 55 F.3d at 879. Due to the "flexible and individualized" nature of this analysis, the district courts are granted wide latitude in deciding a motion to transfer venue. Stewart Org., Inc. , 487 U.S. at 29. In such motions, the burden rests on the defendant "to show the desirability of transferring venue and to present evidence upon which the court may rely on in justifying transfer." Id . As venue would be proper in either the Eastern District of Pennsylvania[9] or the Northern District of Texas[10], a balancing of the interests must be undertaken to ascertain whether transfer is warranted. Id.
a. Private Factors
The private interests at play include: the plaintiff's forum preference; the defendant's preference; whether the claim arose elsewhere; the convenience of the parties as indicated by their relative physical and financial condition; the convenience of the witnesses (only if they are unavailable for trial in another fora); and the location of books and records. Jumara , 55 F.3d at 879 (citing 15 Wright, Miller & Cooper §§ 3848, 3849, 3851, 3853).
We find the private factors favor denying the transfer of this litigation. A plaintiff's choice of forum is accorded "paramount consideration, " and should not be "lightly disturbed." See Jumara , 55 F.3d at 879; Shutte , 431 F.2d at 25. Plaintiff filed suit in the Eastern District of Pennsylvania, and this factor weighs heavily against the transfer of venue. Furthermore, the breach of contract alleged by Plaintiff arose in Pennsylvania, which also favors venue in this District. See Gen. Motors Corp. v. Schneider Logistics, Inc., No. 06-2195, 2006 WL 2987785, at *5 (E.D. Pa. Oct. 17, 2006) (holding that a breach of contract action arises at the location of performance of that contract); Superior Precast, Inc. v. Safeco Ins. Co. of Am. , 71 F.Supp.2d 438, 444 (E.D. Pa. 1998).
In reaching the conclusion that the private factors favor venue in this District, we do not find the convenience of the parties or the witnesses to be dispositive. The parties are similarly scaled businesses, and Defendant has demonstrated the ability to travel to this District. Moreover, it appears to the Court that Dr. Wang is capable of testifying to many, if not all, of the product related issues including questions arising from the manufacturing and the impact of modification to the products. We believe that this fact will curb the number of witnesses required by Defendant to present its case. Additionally, Defendant's books and records being located in Texas is equally not determinative as Plaintiff will be entitled to them in discovery. See McGraw v. GlaxoSmithKline, No. 12-2119, 2013 WL 211343, at *5 (E.D. Pa. Jan. 17, 2014).
b. Public Factors
The public interest factors to be considered include: the enforceability of the judgment; practical considerations that could make the trial easy, expeditious, or inexpensive; the relative administrative difficulty in the two fora resulting from court congestion; the local interest in deciding local controversies at home; and the familiarity of the trial judge with the applicable state law. Id . (citing 15 Wright, Miller & Cooper § 3854). We find that these factors favor retaining the litigation in this District. In this case, Pennsylvania has a strong interest in ensuring that its residents are protected from out of state corporations. McGraw, 2013 WL 211343, at *6 (citing Zubyk v. LPBOC Hotel Ltd. P'ship, No. 00-971, 2000 WL 963168, at *11 (E.D. Pa. June 27, 2000) (finding that a state "has an interest in protecting its residents from out-of-state corporations, " and "providing its residents with a means to redress injuries inflicted by out-of-state defendants"). Defendant does not provide any argument to the contrary. Furthermore, we find that the trial will be easier, more expeditious, and less expensive in Pennsylvania as the evidence in the form of 225 "windows"[11] is located in Pennsylvania and the majority of witnesses necessary for Plaintiff's claim and Defendant's affirmative defense[12] reside in this District.
Moreover, we do not find Defendant's argument that transfer is warranted because Texas courts are more familiar with the applicable Texas law to be compelling. See Doc. 12 ¶ 21. As we have already determined that the forum selection clause is not enforceable and Texas law does not apply over Plaintiff's claims, the foundation of Defendant's argument has been undercut. See also McCraw, 2013 WL 211343, at *7 (finding that whether Texas or Pennsylvania law applied does not hold weight as "the district court in either state is more than capable of applying that law to the case").
Defendant neglected to address whether court congestion within this District relative to the Northern District of Texas or the enforceability of judgment in either district favors transfer. Therefore, we do not analyze these factors. See Jumara , 55 F.3d at 879 (burden is on Defendant to show transfer is necessary); Shutte , 431 F.2d at 22. Moreover, the enforceability of judgment factor is immaterial as "there is little significant difference in enforcing a judgment in one federal forum than in another." Maaco Franchising, Inc. v. Tainter, No. 12-5500, 2013 WL 2475566, at *5 (E.D. Pa. June 10, 2014).
It is inevitable in cases such as this that one party will be inconvenienced by having to litigate in a foreign venue not of its choosing. However, "the purpose of a transfer is not to shift the inconvenience from one party to another, " but rather to place the litigation in the venue that is the most convenient for the parties and witnesses, and best serves the interests of justice. See 28 U.S.C. § 1404(a); Jumara , 55 F.3d at 879; Maaco, 2013 WL 2475566, at *5. The Third Circuit in Jumara provided a flexible, framework to reach this determination, and our decision reflects its application to the facts of this case. Jumara , 55 F.3d at 879. Overall, we find that the majority of the relevant factors weigh in favor of retaining the litigation in the Eastern District of Pennsylvania. We are not unsympathetic to the inconveniences inflicted on Defendant by retaining the litigation in this District. However, our finding evidences that Defendant has failed to adequately establish the need for the transfer of this matter to the Northern District of Texas. Id . (stating that the burden rests with movant to demonstrate need for transfer). Accordingly, Defendant's Motion to Transfer Venue and/or Dismiss is denied.
For the aforementioned reasons, Defendant's Supplemental Motion to Dismiss Plaintiff's Amended Complaint and/or Motion to Transfer Venue is denied.
An appropriate Order follows.
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I have some curly bamboo. How can I start new shoots so I can share it with my girls? Thank you. Hardiness Zone: 6aCindy from Harrisonville, MO
I have cut pieces off and starting them in a glass of water. The bamboo will not "curl" since the curly bamboo has been trained to curl.
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by Stephanie Berenbaum – July 9, 2010
The Bottom Line Cost of Cloth vs Disposable
My younger son, Andrew, hit a milestone this past weekend. He actually made pee-pee in the potty. Well, to be honest, he walked into the bathroom, pulled his (disposable) training pants down, aimed, and peed in the general vicinity of the toilet. Close enough for now. Victory!
Suddenly it dawned on me – after almost 5 years of non-stop diapering – I was nearing the end of my diaper purchasing years. It made me sort of nostalgic, but then I thought of all the money I am about to start saving! Having used disposable diapers for both my children, the costs has more than added up over the years….
Of course while I was thinking about all of this, I ran into a friend of mine who has an infant. As we chatted about potty training and diapers, she started raving about the fabulousness of cloth diapering. Not only was it better for the environment – but she says she is saving tons of money by doing it! This old-fashioned option, hadn't even crossed my mind back when my boys were babies, but it's rebirth & popularity with earth conscience new moms has really taken off! But is it really Fab & Fru? And had I really missed the boat?
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Whether it be on Mommy blogs, Twitter or just among friends, the debate between whether to use cloth or disposable diapers has become one hot topic. Which is best for the environment? Which fits best for your lifestyle? Which is most affordable? In fact, after doing my research for this article, I could easily write a dissertation on the subject! So, if you are in the process of thinking about what is best for you, your baby and your wallet, here's glimpse of what you should consider!
Investing in Cloth Diapers
The upfront costs of cloth diapers are high – therefore you really have to think of it as an investment. However, if you can handle the front end expense (they vary depending on how fancy you get and which kind of cloth diaper you choose) you can save quite a bit of money in the long run!
Purchasing the diapers, covers and accessories can range from about $300 to $1000, depending on if you go basic white, print, or organic – there are lots of options in lots of price ranges out there these days. Whether you choose to launder the diapers yourself or use a diaper laundering service, will also greatly effect the cost of using cloth.
Save & Sell on Ebay
One way to save DRAMATICALLY on upfront costs? Do what my friend did – and – yes – buy them used – on Ebay. Don't get squeamish! It has not been problematic for her in the least to properly sterilize and clean the diapers. Buying used, but well taken care of diapers, is certainly the most cost effective way to get started using cloth.
On the flip side, if you have been able to keep some of your stash in respectable shape, you too can always sell yours down the road!
Use and Reuse
Another long term cost saving benefit of cloth… If you have more than one child, you will already have diapers and do not need to buy for any subsequent kiddies. This is one area where you can reap huge savings long term!
Cost to the Environment
Regarding the impact on the environment, there has been MUCH debate about how disposables sit in a landfill forever verses the extra energy & chemicals used to wash cloth. Though neither is really AWESOME for the environment, having dirty diapers sitting in a landfill for eons does seem to me to be the worst scenario of the two…| Print
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Watch The Informer (1935) Free Online
The Informer
IMDB Link:
Rating: 7.6/10 (4,214 votes)
Director: John Ford
Writer: Dudley Nichols (screen play), Liam O'Flaherty (from the story by)
Stars: Heather Angel, Margot Grahame, Preston Foster, Victor McLaglen
Runtime: 91 min
Rated: APPROVED
Year: 1935
Genre: Drama
Quality: HD
Language: English
Released: 10 Jul 1935
|Plot: Dublin, 1920. Gypo Nolan, strong but none too bright, has been ousted from the rebel organization and is starving. When he finds that his equally destitute sweetheart Katie has been reduced to prostitution, he succumbs to temptation and betrays his former comrade Frankie to the British authorities for a 20 pound reward. In the course of one gloomy, foggy night, guilt and retribution inexorably close in...
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• Arch supporting band
• 7 inch cuff
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UK Deliveries
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Delivery of Bikes
We ship all our bikes free of charge within the United Kingdom (excl. Jersey and the Channel Islands at this time) and all our bikes come pre-assembled with just a few tweaks required (Please see our Bike Build Instruction page for details of assembly required).
All our bikes undergo a safety check before being re-boxed for shipping which can during busy periods take a little longer to complete so whilst we aim to ship all our bikes within two working days of the order please allow for additional time for this process.
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We do try when possible to reuse packaging from our own suppliers in order to send purchased items to our customers, we ask if the packaging is still in good condition after you've received your goods then please try to use it again or recycle if not possible.
V12 Retail Finance is owned by Secure Trust Bank PLC. Registered in England and Wales 541132. Registered Office: One Arleston Way, Solihull, B90 4LH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority
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Fill your basket with everything you want from our site and go to the checkout.
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Finance provider V12 will use the information provided to make a decision and complete checkout if you are approved.
To apply for finance you must be:
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Who provides the finance?
Our finance is supplied by V12 Retail Finance. It is the UK's only specialist retail finance provider. Its secure and friendly online system can provide you with a decision in seconds.
Can my order be sent to a different address?
Finance orders can only be shipped to the address given in your finance application.


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Untold Stories of Video Game Remasters – the Good, Bad, and Ugly
In today's video, we discuss something subjective – are video game remasters good or bad? And...
A new gameplay trailer was revealed earlier today on Spike TV's VGA show.
If you were watching the VGAs today, then this trailer might be old news to you, if you weren't however then it's definitely worth checking out.
It's all new gameplay footage at last which so many Tomb Raider fans have been clamouring for. Unfortunately, Tomb Raider didn't win any awards at the VGAs, but the voice actress for Lara Croft did turn up to present this World Premiere trailer.


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True story: when I was a kid, I liked taking the Iowa Tests. I looked forward to them, loved everything about them: the bubble answer sheets, the #2 pencils, the vocabulary section--all of it. I was a weird, weird kid.
Not much has changed now that I am an adult. Still weird, still like tests. And I wanted to devote some time this month giving you advance notice that the Iowa Tests (love them or hate them) are going away. As a matter of fact, this is probably the last year our students will take them.
Instead, a new test is required called Smarter Balanced. The designers of this assessment say that it will provide better information for teachers and parents, because teachers can check students' progress throughout the year, and end-of-year tests measure what students know and how much they've improved.
They also say that, using computer adaptive technology, the tests are customized to every student. When a student answers correctly, the next question will be harder, and a wrong answer will lead to an easier question. This format lets students show what they know.
So far it sounds just like the MAP tests we administer two to three times a year, right? But while it's close, it's not quite a MAP test, and while the end-of-year tests sound like Iowa Tests, it's not quite that either.
And that's because of the third component: Students take the test online and must research, write, and solve problems. These questions measure the critical thinking skills students need for college and careers.Here is where these tests become very different from MAP or Iowa Tests. The Smarter Balanced assessments will take longer than students are used to, because they demand higher levels of thinking. Scheduling them will be different, because they take time to complete. As with many changes, there will be some discomfort. Eventually, the weird kids like me who enjoyed testing themselves against an assessment to see how well they can do will grow to look forward to these new Smarter Balanced challenges, as well. And this will become the new normal.


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Deborah 'Debbie' Shelton (born November 21, 1948) is an American beauty queen and actress who held the Miss USA title and appeared on Dallas for three seasons. In 1970 Shelton competed in the Miss Virginia USA pageant to spite her then boyfriend. She won the title and represented Virginia in the Miss USA 1970 pageant held in Miami, Florida in May 1970. At the pageant, Shelton won the Miss Pixable award and was subsequently crowned Miss USA 1970. She was crowned by former titleholder Wendy Dascomb, also of Virginia; this was the first time that a state had won the Miss USA title back to back. Shelton then went on to the Miss Universe contest in Miami, Florida in July where she placed first runner-up to Marisol Malaret of Puerto Rico.
Contributions by John KB, Ben King, and Cydebot.


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Write an Article
Tim Duncan
Tim Duncan Biography & Latest News
Tim Duncan Latest News & Articles
5 reasons why super teams ruin the integrity of the NBA
The Cavs and the Warriors are just two of the "super teams" in the NBA at the moment.
Aug 20 2016
Alex Mullany
12 reasons Tim Duncan can be considered as the greatest basketball player of all time
An in-depth analysis culminating in five questions for you to answer to decide who is the greatest basketball player of all time.
Jul 16 2016
Tim Duncan announces his retirement from the NBA
Duncan leaves with numerous records to his name
Jul 11 2016
Shankar Narayan
5 NBA Hall of Fame legends who might retire before the next season
We may have seen the last of these 5 legends without a grand farewell tour like Bryant's.
Jul 2 2016
2016 NBA Finals: LeBron James and Cavaliers make history, win first NBA title in franchise history
The city of Cleveland wins its first pro sports title since 1964.
Jun 20 2016
Yash Matange
Top 5 sportspersons still competitive at an old age
Five players from different sports, who still remain competitive at an age at which others have retired or their performances have dwindled.
Jun 4 2016
Bharat Chaudhry
2016 NBA Playoffs: Kevin Love powers Cavs into Eastern Conference finals; Durant stars in big win for Thunder
A look at the results from the Playoffs on Sunday night.
May 9 2016
Shankar Narayan
2016 NBA Playoffs: Spurs and Hawks take 2-0 lead with dominating home wins
Both Playoff games on Tuesday were blowouts.
Apr 20 2016
Yash Matange
NBA Friday round-up: Pistons book Playoff spot, Clippers win with bench over Jazz in OT
Spurs drop a game against Denver. Dallas continue strong Playoff push.
Apr 9 2016
Yash Matange
Golden State Warriors vs San Antonio Spurs: 5 Talking Points
A look into the 120-90 victory of the Warriors over the Spurs in a game that was touted to be the Match-Up of the Year in the NBA.
Jan 28 2016
Video: 5 significant records that have been broken so far in the 2015-16 NBA season
The league has been bringing together the best basketball players from across the globe for over six decades and given its longevity, it isn't surprising that the stars leave colossal legacies.
Nov 20 2015
Tim Duncan passes David Robinson on career blocks list, Kevin Garnett and Tony Parker reach personal milestones
Just another day of breaking records and milestones watch for these Future Hall of Famers.
Nov 16 2015
Yash Matange
5 NBA legends who might retire at the end of the 2015-16 season
It seemed like the men who have defined greatness in this era of the NBA would never see the sun set on their careers
Nov 9 2015
The top 5 trios of the past 3 decades in the NBA(Video)
Being the high intensity team sport that it is, basketball requires each man on the hardwood to pull his own weight. But as with every team, each outfit has its mainstays.
Nov 5 2015
LeBron James becomes youngest player ever to reach 25000 points plateau at the age of 30
King James re-writes another record in the NBA history books.
Nov 3 2015
Yash Matange
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Expected: 12/20/2016
For more ideas check out what's the best shape for a dining table?
Height: 29.5"
Length: 54"
Width: 54"
Style of Design: Modern
Top color: White
Shape: Round
Top material name: Marble
Top Material: Circular Artifical Marble Top
Frame material: Metal
Capacity: Seats 4
Base Content: Legs
Color family: White
Base Material Name: Laquered Metal Base


text: Home Gallery Video prevent-it.ca Factory prevent-it.ca: Factory Published on Oct 04, 2006 Editor's Pick Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateOct 04, 2006Director:Happy HappyExecutive Producer:Link YorkExecutive Producer:Eva PregerExecutive Producer:Patrick Milling SmithExecutive Producer:Brian CarmodyProducer:Merrie WassonProduction Manager:Jeff LowDirector of Photography:Chris SoosProduction Designer:Sue TebbuttAgency Producer:Pam PortsmouthEditor:Johnny DevriesCreative Director:Robin HeiseyACD/Art Director:Joe PiccoloACD/Copywriter:Chris TaciukVFX:FramestoreMusic Company:Rosnick Mackinnon WebsterEditorial Company:School EditingProduction Company:Smuggler/Soft CitizenClient:prevent-it.caAgency:Draft FCB Toronto TagsPSA Latest Creativity News on Ad Age Will 'Free the Bid' Put More Women Behind the Camera? J.B. Smoove Sweetens the Deal in a Crown Royal Vanilla Spot Anonymous Content Assembles an Army of Celebrities to Encourage Voter Turnout Advertisement Ad Age Events Nov 02 Los Angeles, CA SummitAd Age Brand Summit The Ad Age Brand Summit in Los Angeles peels apart the layers of brand building with a carefully crafted roster of top marketing, technology, and creative leaders. Learn more Related work prevent-it.ca: Shopgirl Draft FCB Toronto prevent-it.ca: Funeral FCB Toronto Union Hearing Aid Center: Test Your Eyesight Draft FCB Toronto Want to see your work in our gallery? Submit now


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Bias Trailer
Hercules bias LPT tires have a 36-month limited warranty against manufacturer workmanship and defects from the date of purchase.
Please see your Hercules Tires dealer for full details.
Radial Trailer
Hercules Power STR tires have a 36-month limited warranty against manufacturer workmanship and defects from the date of purchase.
With outstanding load carrying capability for hauling, as well as the heavy-duty construction necessary for tough agricultural and industrial applications, the Hercules H-901 All Steel Commercial Specialty Trailer Tire is ideal for vehicles that require load capacities or operate in conditions that demand a heavy-duty, puncture-resistant tire.
Hercules brand H-901 ST Specialty Trailer tires have a limited warranty against defects in workmanship or material for five (5) years from the date of purchase. Free tire replacement is available, if found unserviceable due to manufacturing defects, during the first 50% of usable tread life. Tires carry a casing warranty for two retreads.
See the complete Hercules brand tire Limited Warranty for complete coverage information including exclusions and limitations.


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Prefrontal repetitive transcranial magnetic stimulation as add on treatment in depression
- M García-Toroa,
- A Pascual-Leoneb,c,
- M Romeraa,
- A Gonzáleza,
- J Micóa,
- O Ibarraa,
- H Arnillasa,
- I Caplloncha,
- A Mayola,
- J M Tormosc
- aComplejo Hospitalario de Mallorca, C/ Jesús nº 40, 07010 Palma de Mallorca, Spain, bLaboratory for Magnetic Brain Stimulation, Beth Israel Deaconess Medical Center and Harvard Medical School, 330 Brookline Avenue, Kirstein Building KS 454, Boston, MA 02215, USA, cBioengineering Institute, University Miguel Hernandez, Alicante, Spain
- Dr M Garcia-Toro, C/ Paseo Marítimo 37 6º J, 07014 Palma de Mallorca, Spainmagato{at}intersalud.es
- Received 15 November 2000
- Revised 8 May 2001
- Accepted 17 May 2001
A growing number of studies report antidepressant effects of repetitive transcranial magnetic stimulation (rTMS) in patients with major depression. The hypothesis that high frequency (20 Hz) rTMS (HF-rTMS) may speed up and strengthen the therapeutic response to sertraline in MD was tested. Twenty eight patients who had not yet received medication for the present depressive episode (n=12) or had failed a single trial of an antidepressant medication (n=16) were started on sertraline and randomised to receive either real of sham HF-rTMS. HF-rTMS was applied to the left dorsolateral prefrontal area in daily sessions (30 trains of 2 s, 20–40 s intertrain interval, at 90% motor threshold) on 10 consecutive working days. The results suggest that in this patient population, HF-rTMS does not add efficacy over the use of standard antidepressant medication.