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March 2, 2011
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.THOMAS GREEN, DEFENDANT-APPELLANT.
On appeal from Superior Court of New Jersey, Law Division, Essex County, Indictment No. 90-01-0024.
Argued October 18, 2010 - Decided Before Judges Grall and LeWinn.
Defendant Thomas Green appeals from the denial of a motion for a new trial. He sought that relief to redress the Essex County Prosecutor's failure to disclose criminal charges that were pending against Taalib Muhammad for crimes committed in Newark when he testified at defendant's trial. Muhammad was the "prosecution's chief witness," and he implicated defendant and his co-defendants, Jon Brett Hemby and Milton Adams, in the kidnapping and fatal shooting of Larry Williams on August 24, 1989. State v. Green, 274 N.J. Super. 15, 20 (App. Div.), certif. denied, 137 N.J. 312 (1994). The State's theory of the case was that defendant, Hemby and Adams accosted Muhammad and kidnapped and shot Williams because those men interfered with their drug runners. Ibid.
Defendant was tried alone, and the jury found him guilty of felony murder, N.J.S.A. 2C:11-3(a)(3); kidnapping, N.J.S.A. 2C:13-1b(1); possession of a handgun without a permit, N.J.S.A. 2C:39-5b; and possession of a firearm with an unlawful purpose, N.J.S.A. 2C:39-4a.*fn1 The judge sentenced defendant to an aggregate thirty-year term of imprisonment with no possibility of parole for felony murder and possession of a handgun without a permit; the other convictions were merged with the felony murder. On direct appeal, defendant's convictions were affirmed and certification was denied. Green, supra, 274 N.J. Super. at 37. This court also affirmed the subsequent denials of defendant's first petition for PCR, his motion for correction of an illegal sentence and his second petition for PCR. State v. Green, No. A-3559-96 (App. Div. Feb. 17, 1999), certif. denied, 160 N.J. 475 (1999); State v. Green, No. A-0110-03 (App. Div. Dec. 28, 2004); State v. Green, No. A-6611-06 (App. Div. July 28, 2008).
Defendant's trial commenced on December 5, 1990. Prior to trial, defense counsel asked about charges pending against Muhammad. The lawyer noted that the State had given him a "printout" of Muhammad's criminal record reflecting a pending charge for a robbery committed on July 7, 1989 in Essex County.
The prosecutor questioned the accuracy of that record and objected to defense counsel's request to question Muhammad about the charge or any favorable treatment he had received or anticipated until she confirmed that there actually was a charge. She told the judge she was "looking into it."
Before the first witness testified, the prosecutor advised that "they" had "checked down with the computer on Taalib and the aliases that he has and there is no pending charge in Essex County. So the rap sheet is in error. Everything has been disposed of." The judge gave the prosecutor this instruction, "What you should do is check what he has on his rap sheet and how it has been disposed of and if it is at all traceable," but the prosecutor changed the subject. The prosecutor gave no indication that there was another pending charge.
When defense counsel cross-examined Muhammad at trial, he asked about a three-year sentence Muhammad was serving for drug crimes committed in Union County. Muhammad had pled guilty to those charges and received the minimum sentence. Defense counsel also elicited from Muhammad an admission that he first reported what he knew about Williams' homicide to an investigator from the Union County Prosecutor's office while incarcerated on those pending drug charges. Muhammad denied receiving any favorable treatment in return for the information he provided, but he admitted the investigators told him they would make his cooperation known.
Although Muhammad was also questioned about several other prior convictions that were disclosed, the assistant prosecutor asked Muhammad if he had any charges pending, and Muhammad said he did not. In her summation, the prosecutor argued: "[R]emember that Taalib has nothing to gain at this point. Taalib testified I have nothing pending. I'm in jail. This is what happened."
In February 2009, defendant received information suggesting that there had been charges pending against Muhammad when he testified on December 5, 1990. At trial, Muhammad had acknowledged that he had several aliases and that one of them was the name given to him at birth - Harold Judge. J&K Investigative Services, Inc. sent defendant documents it retrieved from a records search. Among them was an indictment returned by the grand jurors for Essex County on April 23, 1991, charging that on August 20, 1989, in the City of Newark, Harold Judge committed first-degree robbery and possessed a handgun without a permit and with the purpose of using it unlawfully against the person of another. That indictment was dismissed on the prosecutor's motion by order of January 21, 1992. J&K also found records of complaints filed on September 26, 1989 with the same case number as that indictment. One complaint charged possession of a firearm with an unlawful purpose and one charged possession of a machine gun.
Upon receipt of this information, defendant promptly sought relief. Because defendant's appeal from the denial of his second petition for post-conviction relief was pending in this court, he moved for a remand to address the new evidence. We denied that motion by order of March 18, 2008.
On April 7, 2009, defendant filed the pro se motion for a new trial in the Law Division that is the subject of this appeal. He argued that the State's failure to provide information about charges pending against the prosecution's chief witness violated his right to due process. He retained an attorney who filed a motion to obtain access to the prosecutor's file on Muhammad's dismissed indictment and a complete criminal history of Taalib Muhammad, a/k/a Harold Judge.
An understanding of the significance of Muhammad's pending charge requires a summary of the evidence adduced at trial, which we have drawn from the opinion issued by this court on direct appeal.
Muhammad testified about the incident and defendant's motive. According to Muhammad, several weeks before the August 24, 1989 crime, Muhammad and Williams took drugs from dealers in the area of Dayton Street in Newark. On August 24, 1989, as Muhammad and Williams walked along Dayton Street, Hemby and Adams drove up. The men got out of the car and accused Muhammad and Williams of "'beating [their] runner.'" Id. at 20.
By Muhammad's account, a struggle ensued. Muhammad, as was his habit, was armed with a knife. As he held defendant in a chokehold, Hemby and Adams, who were brandishing handguns, shoved Williams into the car. Ibid. Defendant managed to break away from Muhammad and run toward the car. Ibid. As defendant ran he yelled for his compatriots to kill Muhammad and Williams. Ibid. Muhammad heard gunshots and took off on foot. Ibid.
An eyewitness who could not identify any of the participants described what she saw and heard. Id. at 20-21. On August 28, 1989, Williams' body, with a single bullet wound in the chest, was found on Frelinghuysen Avenue in Newark. Id. at 20.
Defendant testified and gave a quite different version of the events than Muhammad's narrative. He admitted being on Dayton Street on August 24, 1989, but, according to defendant, he, Demby and Adams went there with Muhammad and Williams in his car so that defendant could purchase an Uzi machine gun. Id. at 21-22. When defendant turned over the money, Muhammad grabbed him, put a gun to his head and threatened to kill him. Id. at
22. In response to Muhammad's holding defendant, Hemby took hold of Williams and pushed him into defendant's car. Ibid.
Defendant managed to break away from Muhammad and ran to his car; he heard gunshots. Ibid. When he got into the car, Adams was in the hatchback area and Hemby had Williams in the back seat. Ibid. Defendant drove off before Williams moaned. Ibid. Hemby told defendant that he had shot Williams in the leg. Ibid. Defendant immediately stopped the car, and Hemby and Adams pushed Williams out. Ibid. Defendant denied that he had any role in kidnapping or shooting Williams. Ibid.
Defendant's trial testimony was generally, but not fully consistent with a statement he gave the police following his arrest in October 1989. Ibid. At that time, he denied hearing shots in the area of Dayton Street and said Williams was shot on Frelinghuysen Avenue. Ibid. There was, however, evidence tending to corroborate portions of defendant's story about the machine gun sale. See id. at 22-23
We turn to consider the judge's denial of defendant's post-judgment motion for a new trial based on the prosecutor's failure to disclose Muhammad's pending charges. Despite a request from defense counsel, the judge reached the merits before ruling on defendant's motion for access to the prosecutor's file on the indictment against Muhammad. And, in assessing the merits of the alleged Brady*fn2 violation, the judge applied the standard governing the award of a new trial based on newly discovered evidence. State v. Ways, 180 N.J. 171, 187 (2004).
The judge found that defendant could and should have discovered the pending charges sooner than nineteen years after his trial. Noting that the evidence of Muhammad's pending charges was merely impeaching and cumulative of other evidence presented to the jurors, the judge concluded that if the State disclosed the pending charges, the verdict would probably not have been different.
The first difficulty with the judge's decision is that he applied the wrong legal standard. A defendant seeking a new trial based on new evidence must show that "the evidence is 1) material, and not 'merely' cumulative, impeaching, or contradictory; 2) that the evidence was discovered after completion of the trial and was 'not discoverable by reasonable diligence beforehand'; and 3) that the evidence 'would probably change the jury's verdict if a new trial were granted.'" Ways, supra, 180 N.J. at 187 (citing State v. Carter, 85 N.J. 300, 314 (1981)).
The burden placed on a defendant is quite different when a new trial is sought to redress a violation of the State's obligation to provide exculpatory evidence. The defendant need not demonstrate that he acted with diligence to discover what the prosecutor should have disclosed and evidence useful to impeach a State's witness is not discounted.
The Due Process Clause obligates prosecutors to disclose evidence favorable to the defense of which they have actual or constructive knowledge. Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97, 10 L. Ed. 2d 215, 218 (1963). The obligation extends to evidence relevant to guilt or to punishment, ibid., and to evidence that can be used to impeach the State's witnesses, United States v. Bagley, 473 U.S. 667, 676, 105 S. Ct. 3375, 3380, 87 L. Ed. 2d 481, 490 (1985). See State v. Knight, 145 N.J. 233, 245-46 (1996) (discussing both types of evidence).
To obtain relief for a Brady violation, the defendant need only show that: "(1) the prosecution suppressed evidence; (2) the evidence is favorable to the defense; and (3) the evidence is material." State v. Martini, 160 N.J. 248, 268-69 (1999); see Moore v. Illinois, 408 U.S. 786, 794-95, 92 S. Ct. 2562, 2568, 33 L. Ed. 2d 706, 713 (1972). Evidence - whether relevant to guilt, punishment or impeachment of a witness for the prosecution - is "material" for Brady purposes "if there is a 'reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.'" Martini, supra, 160 N.J. at 269 (quoting Bagley, supra, 473 U.S. at 682, 105 S. Ct. at 3383, 87 L. Ed. 2d at 494). "A 'reasonable probability' is one that is 'sufficient to undermine confidence in the outcome.'" Ibid.
It is not necessary for the defendant to prove that the prosecutor trying the case acted in bad faith. Brady, supra, 373 U.S. at 87, 83 S. Ct. at 1196-97, 10 L. Ed. 2d at 218. Even when that prosecutor is ignorant of the facts, if they are known to the police, then knowledge is imputed to the prosecutor.
Kyles v. Whitley, 514 U.S. 419, 437-38, 115 S. Ct. 1555, 1567-68, 131 L. Ed. 2d 490, 508-09 (1995).*fn3
This defendant's application was supported by adequate evidence of a Brady violation to require additional discovery. Defendant presented official records that indicate that there were serious charges pending against Muhammad on complaints of crimes committed in Newark when the prosecutor told the judge there were none. It is noteworthy that the judge directed the prosecutor to investigate further, but despite that direction, the State never uncovered or disclosed these charges.
We must reverse, because the judge did not apply the governing law. We cannot exercise our original jurisdiction pursuant to Rule 2:10-5, because the record does not permit it.
We also reverse the denial of defendant's discovery motion. In our view defendant's showing was unquestionably adequate to require disclosure of the prosecutor's file on Muhammad's indictment and the State's full record of open complaints against him during the pertinent time period. Indeed, this is not a case where defendant's claim is so speculative and clearly immaterial that no discovery is required. State v. Marshall, 148 N.J. 89, 163 (1997). The State's delay between the alleged crimes and the return of the indictment and its subsequent dismissal will likely confirm or dispel suspicion that Muhammad had a motive to cooperate with the State by helping the State by testifying against defendant. Moreover, the State must disclose the records sought if it hopes to defeat what, on this record, is a well-warranted basis for imputing knowledge of Muhammad's pending charges to the prosecutor. Finally, discovery is likely to inform the essential task of assessing the probable impact of Muhammad's pending charges on the verdict. Indeed, information about Muhammad's possession of a machine gun shortly after Williams' death may provide extrinsic evidence with value beyond its relevance to Muhammad's motive for testifying against defendant.
For the foregoing reasons, we reverse the denial of defendant's discovery motion and his motion for a new trial and remand for discovery and further proceedings in conformity with this opinion. We do not retain jurisdiction.
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FRESNO, Calif. (AP) — A burglary defendant who won his freedom because of a jury's mistake lost his life a few hours later when he was stabbed to death in a fight.
The jury in the trial of Bobby Lee Pearson, 37, mistakenly signed a not-guilty form Wednesday, and the flabbergasted judge said he had no choice but to order him to be released from jail because the verdict had already been put on the record.
It was too late when the judge finally learned that the jury was unable to reach a verdict, stalling on an 8-4 vote in favor of guilt. Prosecutors might have had an opportunity to retry Pearson, but by then, changing the verdict form would have exposed Pearson to double jeopardy.
After being released from jail, Pearson went to the home of his sister, Lasandra Jackson, to get some clothing and belongings. Fresno police Chief Jerry Dyer said Pearson apparently got into a fight with his sister's boyfriend, 35-year-old Willie Gray.
The two had a history of problems, said Dyer, adding that investigators believe Gray killed Pearson, who was found dead in the street with a chest wound from a knife or gun and a cut on his stomach. Investigators found a steak knife near the body, Dyer said.
Gray was arrested and treated for injuries to his hands before being booked on suspicion of murder, said Dyer, adding that Pearson might still be alive if it weren't for the jury's "mishap." Pearson had a long criminal past, Dyer said.
William Terrence, who prosecuted the case, told The Associated Press that despite the bizarre chain of events that led to Pearson's release, the man he tried sending to prison didn't deserve to die that way.
"There's not a death penalty on a burglary," Terrence said. "I'm not sitting here thinking he got what he deserved."
Terrence said he is still trying to understand the jury's confusion. He said he explained the verdict forms in closing arguments, and so did the judge.
"Apparently, the message wasn't quite received," Terrence said.
In a deadlock, jurors should have sent a note to the judge.
Pearson and two co-defendants were accused of burglarizing an apartment last year and stealing a video system and a gun. The homeowner allegedly caught the intruders and wrestled with one of them.
Jurors returned a guilty verdict against Pearson's co-defendant, Terrel Minnieweather and the mistaken not-guilty verdict against Pearson before lunch Wednesday.
Terrence said Hamlin polled each juror individually to verify Minnieweather's guilty verdict. Turning to Pearson's case, the judge asked the jurors as a group if that was its not-guilty verdict in Pearson's case.
"No one stood up and said, 'Hey, wait a minute. That's not my verdict,'" Terrence said. "They nodded along."
Terrence said that it wasn't a mistake to poll the jury as a group. The evidence against Pearson wasn't as strong, and Terrence said he respected the jury's apparent not-guilty decision.
The jurors were then asked to return after lunch for a potential second phase of the trial. The confusion over the verdict came to light during lunch, when one juror told court staff that he had voted to find Pearson guilty.
Jurors said they were confused by the forms, one of which was for a guilty verdict and the other for a not guilty verdict. One juror said there was no form they could sign to indicate a deadlock.
"It is bizarre," said Eugene Hyman, who retired from the Santa Clara County Superior Court after serving for 20 years on the bench. "But I can't find fault with anyone."
Hyman, who had no involvement in Pearson's case, said during trials, he would ask each juror whether the verdict read by the clerk was indeed their verdict. He said there's nothing wrong with polling jurors en masse.
Hyman said the judge had no choice but to acquit Pearson if Hamlin ordered the not guilty verdict "recorded" immediately after the jurors nodded in agreement with the verdict.
Judges are required to poll jurors after every verdict is read in criminal cases, Hyman said.
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10 thoughts on "Man Freed In Jury Mistake Killed Hours Later; Suspect Arrested"
WTF! This sounds fishy to my. Nothin about this story smells right. I think the DOJ should send some investigators to see if this wasn't a conspiracy to murder this man. Whites have to be trickier in todays system. Not that long ago they would have just hung this man in the tree of his families front yard. BUt today they have to pretend to do a trial. Then they set him free??? then they murder him and then they pin it on another black man that they want off the streets Two birds with one stone. It is just wrong how they continue to treat all black men as criminals.
What's wrong with you?
You have to struggle each and every day of your life with that 5th grade education. Good Gawd DangerousBlk. Aren't you embarrassed at times?
Thank you, karma. Saved tax payers a lot of money and someone else future grief at the hands of this low life.
This is just a lesson for those who have gotten away with crimes…they're is more than one type of justice in this world.
Had it not been for the racist white jury, he'd still be alive.
He got by, but he didn't get away.


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Does Sprint's HTC One work with Straight Talk?
Sorry, I am a noob here lol, anyway, does the HTC One work with Straight Talk if you pop in a SIM Card? I am curious about this becuase Straight Talk is SOO much cheaper, and also I don't care about 4G LTE speeds... I hope there aren't other posts about this but remember I am new at this.... Please consider that! Thanks everyone!
- 06-25-2013, 06:21 PM #2phone addict
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Re: Does Sprint's HTC One work with Straight Talk?
If you can get Sprint to unlock your phone it may work. But you would most likely be stuck with edge speeds since this phone only supports 1900 for 3g which isn't everywhere.
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Re: Does Sprint's HTC One work with Straight Talk?
i just checked the imie of my Sprint Htc one M8 harmon kardon edition on straight talks website and they said it would work. Im sure a cough root custom firmware cough would make sure it worked flawlessly*( as sprint is like the hewlett packard of installing lots of crapware on phones from the factory) I will try my phone and report back to you whether or not it works, I hate the sprint coverage in Rogers,AR... I live literally right under the main tower for the area,,, 200-400 feet away, and i have trouble getting LTE from my bedroom. When I had verizon I could be way out in the boonies in the mountains and had great coverage.
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3 Bedrooms Semi Detached House - £285,000
Hope Terrace, Halesworth
First listed on: 10th June 2016
Nearest stations: Halesworth (0.2 mi)Brampton (Suffolk) (3.8 mi)Darsham (4.9 mi)Beccles (8.3 mi)Saxmundham (9 mi)
Interested in this property? Call See phone number 01986 888205
Further Informations
Property Description
This semi-detached 3 bedroom, 2 reception room cottage with off road parking is a rare opportunity close to the Halesworth town centre.
Comprises briefly:-
• Entrance hall
• Sitting room
• Dining room
• Kitchen/Breakfast room
• Downstairs bathroom />• 3 bedrooms
• Cottage Garden
• Off road parking
• Garage
The Property
A path leads through the front garden to the front door of The Willows, into a light and airy entrance hall. Inside the property is a good sized dining room with pine flooring and an open fireplace. The sitting room offers plenty of space, windows overlooking the front gardens, and a handsome fireplace. Just off the entrance hall leads into a gorgeous kitchen/breakfast room, with a range of wooden wall and base units, ceramic sink and drainer, gas oven with six ring range gas hob and extractor hood. There is space and plumbing for washing machine, in addition to space for fridge/freezer. A downstairs bathroom with walk in shower, and separate bath can be found at the end of the hall. The property also has a very useful utility room with rear access. Stairs rise from the entrance hallway to the first floor with three double bedrooms just off the landing, with the master bedroom also boasting a handsome cast iron fireplace.
The Willows garden has a cottage feel with a patio area and vegetable plot. The property benefits from an off road parking space and single garage.
The property is located on the Holton Road just past the bridge. Halesworth provides many independent shops, public houses, restaurants, doctors, vets and a supermarket. It has a thriving centre of arts for the community, called The New Cut, which is used as theatre, cinema, exhibitions and workshops. There is a train station with links to Norwich and London Liverpool Street.
Fixtures and Fittings
All fixtures and fittings, including curtains, are specifically excluded in the sale but may be available in addition, subject to separate negotiation.
Gas fired central heating, all mains connected.
Local Authority
Waveney District Council
Tax band: B
Postcode: IP19 8HB
Agents Note
The property is offered subject to and with the benefit of all rights of way, whether public or private, all way leaves, easements and other rights of way whether specifically mentioned or not.
Vacant possession of the freehold will be given upon completion. Read more
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Price History
Listed prices are those submitted to us and may not reflect the actual selling price of this property.
|History Details
|Property listed at £285,000
Disclaimer Property reference F4FEC42B6C3666_100062008225. Details are provided and maintained by Musker McIntyre. Nethouseprices.com makes no warranty as to the accuracy or completeness of aforementioned details.
Disclaimer Property reference F4FEC42B6C3666_100062008225. Details are provided and maintained by Musker McIntyre. Nethouseprices.com makes no warranty as to the accuracy or completeness of aforementioned details.


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text: Really a funky kind of place, but they serve the best deep-fried halibut in Juneau. Also incredible nachos. The restaurant entrance is in the back of the building so you don't have to go to a bar to get great halibut. Also no need to dress up for this place. Nice.


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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
Can we make a timesheet for each allowed companies?
Byon 6/17/14, 6:12 AM • 437 views
Yves Geoffroy
In a multi-company environment, is it possible to create a timesheet for each company I'm allowed to work for?
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URL to Locate Record Field Names For Mail Merge
|Knowledge Article Number
|How to quickly view the Field Names for mail merge fields when creating a mail merge template.
|If you are looking for the proper field names for a mail merge template on a specific record you can utilize the following URL to view an XML file that contains this information:
https://<org domain>.salesforce.com/servlet/servlet.SForceMailMerge?id=<RecordID>
Then copy and paste this url into the address bar of your preferred web browser. This will give you a list of all fields available on that record with their Field Names within Double Quotes. Custom fields will not be visible when using the URL in this article if the custom field doesn't have a value on the record level.
Below is an example of what you would see when you follow the above instructions:
<data fieldName="ACCOUNT_NAME">Company Name</data>
<data fieldName="ACCOUNT_TYPE"/>
<data fieldName="ACCOUNT_RECORDTYPE">Record Type Name</data>
<data fieldName="ACCOUNT_RECORDTYPE_ID">012F0000000rKfe</data>
<data fieldName="ACCOUNT_PARENT">ABC Labs</data>
<data fieldName="ACCOUNT_PARENT_ID">001F0000011vBEx</data>
In this example if you were looking to create a mail merge field for the account name, you would create a field within Microsoft Word and include the following:
After adding the field it would then read as «ACCOUNT_NAME» on your document.
IMPORTANT: Please note that when using this URL, it will only show the field name to be used for mail merge but you still need to go through the process of adding the merge field itself in a word document. In word, just navigate to Insert > Quick Parts > Field, select Merge Field and paste the field name from the URL in this article.
For more information on modifying existing mail merge templates, please Click Here.


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One World Brewing is a small-batch hand-craft nano-brewery and ale house. Located at 10 Patton Avenue in Downtown Asheville (in the basement beneath Farm Burger). Our mission at One World is to inspire our community and our region to participate and get involved with solutions to environmental and political issues that effect us all. Over a wide range of truly unique and delicious beers we can come together and figure out how to change the world for the better, one revolutionary idea at a time!
Come exercise your mind with Gil who will be challenging your knowledge on a myriad of subjects. This will be a recurring event on Tuesdays so mark … more


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Socialist Standard June 2004 - SPGB Centenary
Welcome to this special edition of the Socialist Standard, a commemorative issue marking one hundred years in the political life of the Socialist Party of Great Britain. When our Party was formed on 12th June 1904, in a hall in a little alley off Fetter Lane, Fleet Street, London, the founder members would rightly have viewed the possibility of our existence a century later in something of a negative light.
The SPA: Dashed on the Rocks of Compromise
Other than in our Socialist Party, way too much thought on revolutionary socialist organisation gets written advocating Lenin's way as the one and only way and applying historic conditions under Russian feudalism to Western democracies today, and whose justification amounts to thinly veiled apologetics for 'history is written by the victors'. The Socialist Party of America: A Complete History by Jack Ross, published last year, joins the comparatively smaller range of literature not from this vanguard perspective, and even opposed to it.
Turfs, and also clumps
Resistance Vol. 12, No. 3 (August-October 1954)
Communist organisation and discipline - Amadeo Bordiga (1924)
We Can Learn to Live Free
Give the human race a little credit. We can surely learn to live free, neither dominant nor submissive.
An Interview with Karl Marx
From Greenford with love: an interview with the Angry Workers of West London's warehouses
libcom.org catches up with the excellent Angry Workers of the World to discuss their ongoing agitation in the West London warehouses and surrounding communities.
The Vest Pocket Chairman by R. Heathwood and G. Horsman 1960
Bolshevism or communism - United Workers Party of America
1934 article by the council communist UWPA and the National Committee of the Communist League of America, Left Opposition on the question of a new Party and a new (Fourth) International.


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What do you guys think of Paramore's new song, Monster? If you haven't heard it yet, you can listen to it here .
I think it's amazing. I love it. I loved Paramore when Josh and Zac were part of it, but I think that, now, they're even better. I've always been a fan of Paramore (no, I did not find out about them from the film of which this wikia is based).
This song is really their big comeback (I know, they never ended, but you know what I mean. Since the Farro's left) and they've done a brilliant job with this song.
I LOVE YOU PARAMORE.Read more >


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Donate to build socialist media: We have the biggest opportunity in a generation for socialist ideas to gain ground. Help us raise £10,000 so we can rise to the challenge. Read more »
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On the face of it, the fall in UK national output (GDP) reported on Tuesday just adds to the mounting bad news for everyone, not least Chancellor George Osborne. Fears about a 'double-dip' recession, which would officially arrive if a further decline takes place in the first quarter of 2011, now look considerably more likely. Not surprisingly, most Red Pepper readers will now be concentrating their energies on the fight against the cuts. But for us as much as for employers and the Tory government, it's important to keep a close eye on current developments in the economy. So what exactly does all the bad news add up to?
First of all, we live in a world in which the financial markets pretty much dictate the government's policies, or at least their room for manoeuvre. Osborne's attempt to blame the fall in GDP on the bad weather seemed to cut no ice in the City. There, the pundits and the speculators mostly concluded that the recovery had now stalled, and that the Bank of England would therefore delay the long-expected increase in its official lending rate of 0.5%.
Looking back on the growth recorded for July-September 2010, it now seems all too clear that the sudden boost to construction activity in that period owed more to a rush to complete current contracts before the spending cuts hit local authorities and government departments alike; so the sharp fall in the last quarter was as much a case of back to normal as the result of the big freeze.
In any case, last week's unemployment figures made grim reading, back above 2½ million, with a particularly big rise in youth unemployment - and this well before the public sector cuts start hitting home in April. What is more a host of recent attitude surveys, among households as well as businesses, have suggested growing pessimism about our economic prospects and therefore a reluctance to make any big spending commitments. Add in the unexpected attack on the coalition's lack of a growth strategy from the outgoing CBI chief Richard Lambert, and Osborne surely couldn't maintain for much longer that shiny smile and confident air.
But although there obviously is a Plan B somewhere on his desk – to slow down the spending cuts and encourage the Bank of England to pump more cash into the banking system – the Chancellor is terrified that a change of direction would be seen by his masters (that's the financial markets, remember, not us) as a sign of 'weakness'.
Osborne himself has cited the International Monetary Fund's latest update to its World Economic Outlook, issued on January 25, in support of his policies. The IMF, he said, approved of a robust approach to restoring the public finances. Well, yes, but only up to a point. The IMF update didn't actually discuss the UK as such, and they qualified their approval of spending cuts by putting them in a wider context:
"A host of measures are needed in different countries to reduce vulnerabilities and rebalance growth in order to strengthen and sustain global growth in the years to come. In the advanced economies, the most pressing needs are to alleviate financial stress in the euro area and to push forward with needed repairs and reforms of the financial system as well as with medium-term fiscal consolidation. Such growth-enhancing policies would help address persistently high unemployment, a key challenge for these economies." (Update, p.7)
Now the Eurozone governments have, with a lot of delays and haggling, begun to sort out the debt problems afflicting their 'periphery' (that is, Greece, Ireland, Portugal and Spain). They have created a Financial Stability Facility which has just successfully issued the first zone-wide Euro bond. The Chinese government in particular is keen on this development, because they want to diversify their own bond purchases away from the USA. But the markets, which as always in an uncertain recovery are particularly prone to rumours, fads and panics, are still worrying away at this issue. Oddly enough this is good news for Osborne, since problems in the Eurozone make British government bonds more attractive to investors.
However, there are two other global issues which we need to keep an eye on. The first is the one raised by the IMF, namely 'reforms' of the financial system. Last week (22 January) the chair of the Independent (sic) Banking Commission, Sir John Vickers, gave a lecture on the progress that the Commission is making on this. Given the often-stated views of the Governor of the Bank of England – and most academic commentators – it was hardly surprising that he highlighted the need to segregate the risky activities of 'investment' banking (issuing and trading financial assets of all kinds) from the activities of 'commercial' banking (dealing with payments and routine borrowing by households and firms).
The British Bankers' Association spokesperson, Angela Knight, immediately announced that if new regulations were brought in that were too tough on the banks, they would up sticks and relocate abroad. Short of revolution (not a bad idea?) the way to head off this threat is to make sure that pretty much the same regulations are brought in everywhere, and especially in the USA, UK and the Eurozone. In the more than two years since the collapse of Lehman Brothers, progress on this has been painfully slow. In the USA, legislation was finally passed in July 2010 (the Dodd-Frank Act), but implementation is still being delayed, making because the banking lobby made sure that the proposals were incredibly cumbersome and riddled with contradictions. In the Eurozone, progress is also slow, partly because so many banks are massive holders of those dodgy Irish, Greek, Portuguese and Spanish government debt; so any financial squeeze on the banks threatens efforts to calm down the bond markets.
The second big issue is the tensions between China and the USA. Basically, for years there has been a dollar merry-go-round:
The World Transformed organiser Joseph Todd speaks to Nick Srnicek about his recent book making the case for a post-work society
After the EU referendum we are seeing both horror at anti-migrant sentiment and pandering to it, writes Joseph Todd – but only a radical economic offer can carve a way through
Neil Faulkner argues that the biggest barrier to Jeremy Corbyn's rational economic policy is the huge profits the super-rich are making from an irrational one
A universal basic income isn't something for nothing, but rather a recognition of a right to a meaningful life beyond the needs of the market, writes Andrew Dolan
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Business events could be a crucial part of your long-term growth strategy and can drastically improve the standing of your company within your sector or industry. From networking opportunities to actually exhibiting there are lots of ways you can get involved, often at no cost to the business other than time. There's often the promise of drinks, too. And let's face it, networking is a lot better when alcohol is involved.
London, being the hub of business and innovation that it is, has an obvious concentration of business events but there are some fantastic events going on up and down the country, from the developing tech metropolis that is Manchester to Bristol and its burgeoning startup scene. In this post, we take a look at the best events your business should have a presence at this summer, and that don't involve the assault course that is the London Underground. Or £7 pints.
5) The Venue Expo 2015
This one is a little bit targeted towards the MICE Industry (Meetings, Incentives, Conferences and Exhibition) but if you have ANY involvement with it, it's one of the most important shows for your business to be at. Hundreds of exhibitors and thousands of visitors all looking to do business and network. Get it in your calendar.
Details: Exhibition Centre Liverpool
8-9 September 2015
Register for free tickets here.
4) Expo NorthWest
With around 80 companies exhibiting, Expo North West is set to be one of the brightest B2B events in the region designed for SME's and run by SME's.
Details: Turf Moor Stadium, Burnley
Thursday 15th October
Book your free tickets here.
3) Introbiz Business Expo 2015
The Introbiz Business Expo is one of Wales' biggest business exhibitions in 2015 and is a great place for business industry movers and shakers from across the UK to gather under one roof over 2 days.
Held over two days, there is a superb line-up of Keynote speakers and fantastic opportunities for networking.
Details: Cardiff City House of Sport, Leckwith, Wales
5th – 6th November, 8am – 5pm
Go and get your free tickets here.
2) The Scottish Business Exhibition, Glasgow
This free show gives your business access to all the suppliers, support organisations and partners you need to increase your profitability and drive your company forward. The fantastic line up of seminar speakers includes the best of Scottish Business. You can spend your day learning from the country's most successful business people and develop valuable skills to transform your business in a series of interactive workshops and other growth focused activities.
Details: SECC, Glasgow
Thursday 12th – Friday 13th November, 10am – 4pm
Reserve your free tickets here.
1) The Business Growth Show, Manchester
The Business Growth Show is a B2B Expo running shows up and down the country (Check their website for the nearest one to you), and is one of the largest events for medium businesses in the UK. It's focused one all types of industries and many levels of seniority, so the opportunities to meet professionals you've never met before is huge. The event is jam-packed with plenty of attractions, such as seminars, workshops, and a business advice clinic, as well as some fantastic keynote speakers. This should definitely be on your calendar!
Details: AJ Bell Stadium, Manchester
Thursday 16th July, 10am – 4pm
Get your free tickets here.
If there are any exhibitions or events you think should be essential visits for SME and Business owners in the UK, then we'd love to know, just drop us a comment on Twitter (@Fleximize).


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4 Days
About This Course: In this course, you transition to a leader who can inspire a diverse team to work together and deliver customer success. At the end of your classroom experience, you take away an understanding of project leadership best practices and a development plan for personal application.
Measuring yourself against the Leadership Services Model
Managing your emotional intelligence
Fostering a team state of mind
Defining the future
Crafting a healthy, winning culture
Overcoming communication barriers
Thinking outside of the box
Examining the art and science of motivation
Combating the dangers of outside influences
Guarding the team from itself
Recognizing success
Reaching the next level
Attend this live, instructor-led course In-Class or Online via AnyWare.
Hassle-Free Enrollment: No advance payment required.
Tuition due 30 days after your course.
Jan 3 - 6 Rockville, MD/AnyWare Enroll Now
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Guaranteed to Run
Bring this Course to Your Organization and Train Your Entire Team
For more information, call 1-888-843-8733 or click here ❯
Course Tuition Includes:
After-Course Instructor Coaching
When you return to work, you are entitled to schedule a free coaching session with your instructor for help and guidance as you apply your new skills.
After-Course Computing Sandbox
You'll be given remote access to a preconfigured virtual machine for you to redo your hands-on exercises, develop/test new code, and experiment with the same software used in your course.
Free Course Exam
You can take your course exam on the last day of your course and receive a Certificate of Achievement with the designation "Awarded with Distinction."
Call 1-888-843-8733 or click here »
An experienced training advisor will happily answer any questions you may have and alert you to any tuition savings to
which you or your organization may be entitled.
Standard Course Hours: 9:00 am – 4:30 pm
*Informal discussion with instructor about your projects or areas of special interest: 4:30 pm – 5:30 pm
FREE Online Course Exam (if applicable) – Last Day: 3:30 pm – 4:30 pm
By successfully completing your FREE online course exam, you will:
Learning Tree's comprehensive training and exam preparation guarantees that you will gain the knowledge and confidence to achieve professional certification and advance your career.
Earn 23 Credits from NASBA
This course qualifies for 23 CPE credits from the National Association of State Boards of Accountancy CPE program. Read more ...
Earn 23 PDUs
PMI, the Registered Education Provider logo, PMP, CAPM, PMI-ACP,
and PMBOK are marks of the Project Management Institute, Inc.
This course is approved by PMI® for 23 professional development units (PDUs). For more on the Project Management Institute and a full list of courses approved for PDUs.
Technical : 2 PDUs
Leadership : 18 PDUs
Business & Strategic : 3 PDUs
"The High-Performance Teams course and instructor exceeded my expectations. The course was facilitated in such a way that it was entirely applicable to my job. I have a team of project managers I oversee, and this course helped me understand the different styles of management and how to work with each manager individually."
- S. Gordon, Supervisor Program Analyst
Food & Drug Administration


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Academics . Liberal Arts . Courses
Three-Dimensonal Forms in Enamel
Course No. MET 247-347-447 Credits: 3.0
Faculty Gretchen Goss
The emphasis of this course will be applications of enamel on the three-dimensional form. Enamel used in functional, decorative, jewelry or sculptural context may be explored. Metal forming and fabrication techniques that apply specifically to the use of enamel will be introduced. Beginning enameling skills required for three-dimensional forms will be covered.
Scott Lax
Adjunct Faculty
Scott Lax, called, "a master wordsmith of the first order," by The Midwest Book Review, has been a Bread Loaf ...more
While at CIA, you'll learn from the masters through our rigorous, world-class curriculum and connect with working professionals to begin your career.


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On the back of making the Wimbledon final, Tomas Berdych has decided to take a little break and ruled himself out of the Czech Republic's Davis Cup quarterfinal against Chile because of an abdominal muscle injury.
"If I have a problem, it's this muscle," Berdych told Czech public radio on Sunday just hours after losing the Wimbledon final to Rafael Nadal 6-3, 7-5, 6-4.
"The windy conditions [in the match] contributed to it," Berdych said. "There are so many matches but I have just one body. Nobody's a machine to cope with everything."
On Facebook, the Czech team said that Berdych will take a three-week rest after his first Grand Slam final.
The Czech team will now consist of Jan Hajek and Ivo Minar, with Lukas Dlouhy and Frantisek Cermak teaming up for the doubles.


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Terry Ward, author of "Life's a Pitch", is the founder and President of CommSkills Group, a national communication and presentation skills training organization. Many of the firm's proprietary programs play an integral role in leadership and learning development programs in Fortune 1000 companies all over the country. Terry has over 30 years of experience coaching and training communication, presentation and leadership skills. Many of his programs were founded on the guiding principle: the spoken word is the most powerful tool to influence, inspire and lead. His method of coaching focuses on a person's natural style, strengths, and their "state of mind". Every communication must be designed to meet the needs of the listener. Terry believes by coaching professionals to access their own natural style, unique abilities and valuable attributes they can deliver powerful messages that change beliefs, attitudes, and behavior. As a change agent and catalyst, Terry's emphasis is on improving the way people and businesses communicate. His distinctive method, "State of Mind," guides professionals to create a connection with their listeners by using communications skills developed from their own experiences and innate strengths. The theme of Terry's new book Life's a Pitch – rethinks the word "pitch" as it applies to all communications. During his work as a writer in Hollywood, he became highly skilled at the fine art of pitching and realized that "pitching" was a critical component of everything we do in life. "It all boils down to our power to connect with people, whether in leadership, business or our own personal lives." Terry offers a one hour talk free of charge in order to network. Call if intherested in this gratis speech for your conference or meeting.
Terry graduated from the University of California at Davis with a degree in Applied Behavioral Sciences and began his career as an advertising copywriter and account executive in Northern California. Terry developed his expertise through his many years of work in improve, theater, and advertising where he worked as an actor, writer, teacher, and coach. He was also a film and television writer in Los Angeles, and a playwright in the San Francisco area, where his critically acclaimed play Bar None was hailed as the longest running comedy in San Francisco.


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Review of ATO's Business Active Compliance Activities
Published on 22 Feb 05 by THE TAX INSTITUTE
The Tax Institute welcomes and supports the announcement of the Inspector General of Taxation regarding a review into aspects of the ATO's active compliance activities directed at business. Given the current complexity of our regime and the well recognised difficulties that taxpayers are experiencing in complying with our tax laws, the Tax Institute believes that the ATO's compliance activities need to be monitored.
Author profile:TAXATION INSTITUTE OF AUSTRALIA
Click here to expand/collapse more articles by TAXATION INSTITUTE OF AUSTRALIA.
Copyright Statement


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Hi All-
Its the moment some of us have been waiting for! Forget those quarters at home!!
....But you will need to pony up $5, which is the "buy in" for the evening.
The 1st and 2nd place highest scorers will get the cash.
Some quick rules:
Stick the dealer
No stealing the deal
What's Laid is Played!
2 points to opponent if reneg
4 points to opponent if reneg on loner
Hope to see you there, please email me if you have further questions about this format.
Meetup members, Log in
By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy


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by SB
I need some advice on how to wash boxers that are a knit blend of 70% bamboo viscose (rayon) and 30% cotton (jersey).
Comments for How to wash viscose and cotton blend boxers
Click here to add your own comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Cleaning Questions and Tips.
About the Author
Tara Aronson is a native Californian. Having grown up in San Diego, she studied journalism and Spanish to pursue a career in newspaper writing. Tara, whose three children - Chris, Lyndsay, and Payne - are the light of her life, now lives and writes in Los Angeles. She also regularly appears on television news programs throughout the U.S.


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Brian Leaman
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Brian Leaman, Brian Leaman, Bergen County, New Jersey , NJ
This is a page to see if a wikia is a ranking machine or not for a school test. This has no basis whatsoever so thanks for stopping by to read this and have a great day!


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Baby girl awarded scholarship
One lucky newborn will start her life with a $529 Mississippi Affordable College Savings account. The infant won a contest sponsored by State Treasurer Lynn Fitch and College Savings Mississippi.
Latest News
Feuer Powertrain officially open for business Jackson, Miss. ...
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Gaming shakeout throughout 1995 barely slows boom A shakeout that...
Local History: The Cotton Picker and the Exodus This week continues a...
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Last Updated: 12/5/2016 7:15 PM
Description for V/L 38th Street Allegan, MI 49010
Very nice country acreage. Close to snowmobile trails, state hunting grounds and county park. This would be a great spot for personal recreation or if you'd like to build a new home. Within 5 minutes of downtown Allegan.
Cheshire Twp
Listing Information
Cheshire Twp
No Sewer
Electric, Telephone
School Information
Room Information
Exterior / Lot Features
660' +/- x 1320' +/-
Greater Than 1 Acre, Public Roads, Unpaved Road, Level, Acreage
Driving Directions
From Allegan, take Ely Street sw to 113th Ave, west on 113th Ave past Littlejohn Park to 112th Ave. west on 112th Ave to 38th St, south on 38th St. to property on the east side of road. From M-40, take 109th Ave. west to 37th Street, north on 37th St to >
Financial Considerations
Listing Price History
Allegan Real Estate
Allegan is located in Michigan. Allegan, Michigan 49010 has a population of 5,004.
The median household income in Allegan, Michigan 49010 is $40,771. The median household income for the surrounding county is $51,030 compared to the national median of $53,046. The median age of people living in Allegan 49010 is 40.5 years.
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June 18, 2008
GREG CIMA, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,v.WELLPOINT HEALTH NETWORKS, INC., ET AL., DEFENDANTS.
This matter comes before the Court on Plaintiffs's Motion for Reconsideration of the Court's Order Denying Class Certification (Doc. 197). Defendants have responded (Doc. 198) and Plaintiffs have replied (Doc. 202). For the following reasons, the Court DENIES the motion.
As the Court has discussed in previous orders outlining the nature of the claims and the procedural history of this case, Plaintiffs are former holders of health insurance policies issued through defendant RightCHOICE Insurance Company and/or its parent corporation defendant RightCHOICE Managed Care, Inc. (hereinafter, collectively, "RightCHOICE"). Plaintiffs allege that in 2001 Defendant WellPoint Health Networks, Inc., ("WellPoint") acquired RightCHOICE through a merger from which RightCHOICE emerged as a wholly-owned subsidiary of WellPoint. Plaintiffs contend that, at the time WellPoint acquired RightCHOICE, WellPoint represented in a "Form A" filing with the Illinois Department of Insurance ("IDOI") that it had no plans to make material changes in RightCHOICE's business. However, in reality, WellPoint intended to cause, and did cause, RightCHOICE to withdraw from the Illinois insurance market.
As a result of the market withdrawal, RightCHOICE insureds were forced by WellPoint to convert to more expensive policies issued through Defendants Unicare National Services, Inc., Unicare Illinois Services, Inc., and Unicare Health Insurance Company of the Midwest, (hereinafter, collectively, "Unicare") which are Illinois subsidiaries of WellPoint. RightCHOICE insureds who could not afford to convert to Unicare policies were compelled to seek coverage through other carriers or else do without health insurance.
The operative complaint in this case alleges that the market withdrawal and conversion scheme executed by WellPoint with respect to RightCHOICE policyholders constitutes a breach of contract, because the withdrawal and conversion violated the renewability provisions of RightCHOICE policies, which incorporated provisions of the Illinois Health Insurance Portability and Accountability Act ("HIPAA"), 215 ILCS 97/1-97/99. The complaint also alleges that the withdrawal and conversion scheme constitutes an unfair trade practice under the Illinois Consumer Fraud and Deceptive Business Practices Act ("ICFA"), 815 ILCS 505/1-505/12.
The plaintiffs moved for certification of a class of Illinois RightCHOICE policyholders, defined as "all persons who were RightCHOICE individual or group health insurance policyholders at the time of the notice of the conversion scheme who owned health insurance policies issued by RightCHOICE, which were either (a) converted into Unicare policies, or (b) discontinued by the insurer after the merger of WellPoint and RightCHOICE." The Court determined that although Plaintiffs met the requirements of Rule 23(a) of the Federal Rules of Civil Procedure, they could not meet one of the requirements of Rule 23(b). Therefore, the Court held, class certification was inappropriate. Plaintiffs have moved for reconsideration*fn1 of the Order denying class certification, contending that it rests on misconceptions which Plaintiffs undertake to correct.
Although the Federal Rules of Civil Procedure contain express provisions governing reconsideration of final orders and judgments, reconsideration of interlocutory decisions "is a matter of a district court's inherent power." Koelling v. Livesay, 239 F.R.D. 517, 519 (S.D. Ill. 2006). See also Canon U.S.A, Inc. v. Nippon Liner Sys., Ltd., No. 90C 7350, 1992 WL 137406, at *1 (N.D. Ill. June 2, 1992); Giguere v. Vulcan Materials Co., No. 87 C 7043, 1988 WL 107387, at *4 (N.D. Ill. Oct. 13, 1988). Such motions "serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Zurich Capital Mkts. Inc. v. Coglianese, 383 F. Supp. 2d 1041, 1045 (N.D. Ill. 2005) (quoting Publishers Res., Inc. v. Walker-Davis Publ'ns, Inc., 762 F.2d 557, 561 (7th Cir. 1985)). Reconsideration of an interlocutory order may be granted where: "the court has misunderstood a party; the court has made a decision outside the adversarial issues presented to the court by the parties; the court has made an error of apprehension (not of reasoning); a significant change in the law has occurred; or significant new facts have been discovered." Wilson v. Cahokia Sch. Dist. # 187, 470 F. Supp. 2d 897, 913 (S.D. Ill. 2007) (collecting cases).
Reconsideration of an interlocutory order is committed to a court's sound discretion. See Harrisonville Tel. Co. v. Illinois Commerce Comm'n, 472 F. Supp. 2d 1071, 1074 (S.D. Ill. 2006); IMI Norgren, Inc. v. D & D Tooling & Mfg., Inc., No. 00 C 5789, 2003 WL 40499, at *2 (N.D. Ill. Jan. 6, 2003); Fisher v. National R.R. Passenger Corp., 152 F.R.D. 145, 149 (S.D. Ind. 1993). Further, "[m]otions for reconsideration generally are not encouraged." Johnson v. City of Kankakee, No. 04-2009, 2007 WL 1431874, at *1 (C.D. Ill. May 11, 2007) (quoting Wilson, 470 F. Supp. 2d at 913). See also Automatic Liquid Packaging, Inc. v. Dominik, No. 86 C 5595, 1987 WL 26149, at *1 (N.D. Ill. Dec. 2, 1987). This is because, "[i]n general, a district court's rulings 'are not intended as mere first drafts, subject to revision and reconsideration at a litigant's pleasure,' and 'ill-founded requests for reconsideration of matters previously decided . . . needlessly take the court's attention from current matters and visit inequity upon opponents who, prevailing in an earlier proceeding, must nevertheless defend their position again and again.'" Harrisonville Tel. Co., 472 F. Supp. 2d at 1074 (quoting Berger v. Xerox Ret. Income Guar. Plan, 231 F. Supp. 2d 804, 820 (S.D. Ill. 2002)). See also Asllani v. Board of Educ. of City of Chicago, 845 F. Supp. 1209, 1226 (N.D. Ill. 1993) (noting that, as a rule, motions for reconsideration "do nothing but express dissatisfaction with a prior ruling and ask the court to change its mind").
I. CERTIFICATION UNDER 23(b)(2)
Plaintiffs contend that the Court's denial of class certification under Rule 23(b)(2) was due to the Court's erroneous determination that the relief they are requesting is principally monetary damages, rather than equitable relief. Plaintiffs refer to this as an "understandable misconception" on the part of the Court. They undertake to clear up this misconception by rehashing the arguments they made in their motion for class certification. Plaintiffs's arguments as to why the Court should view the relief they request as equitable in nature were considered and rejected by the Court when it made the initial determination not to certify the class. Plaintiffs do not assert that the Court misunderstood the facts, but that the Court's analysis of the facts was erroneous. This is an improper basis on which to move for reconsideration.
II. CERTIFICATION UNDER RULE 23(b)(3)
The Court denied class certification under Rule 23(b)(3) as well. In holding that Plaintiffs could not show that common questions predominate over individual ones, the Court pointed to the probable need to inquire into the individual terms of thousands of separate insurance policies. In their motion, Plaintiffs contend that the Court is mistaken as to the facts. They contend that the Court need not look to the individual policies in order to determine if Defendants breached those policies. The Court's initial Order referred to this contention as "implausible," and "implausible" it remains. Plaintiffs have presented no new evidence or law to convince the Court that its understanding was in error.
The Court also denied Rule 23(b)(3) certification on the grounds that, as individual damage claims are for substantial sums, a class action is not a superior means of resolving the claims of the proposed class. When most of the claims are likely to be large enough to justify individual litigation, the district court may properly reject class treatment. Murry v. GMAC Mortg. Corp., 434 F.3d 948, 953 (7th Cir. 2006). Here, the Court determined that the individual claims are worth tens of thousands of dollars or more. Plaintiffs have produced no evidence to convince the Court that was wrong in its initial calculation as to the amount of individual claims.
Finally, the Court found that probable ERISA preemption of state law issues vis a vis the group insurance plans in the proposed class render the suit unmanageable as a class action.
Plaintiffs's argument that ERISA does not preempt state contract claims when the contract term is founded on HIPPA is unconvincing. Plaintiff cite no new law, instead merely arguing that the Court erred in its reasoning. This is an improper basis on which to move for reconsideration.
Plaintiffs also contend that the Court can construct an "issue class" under Rule 23(c)(4). Plaintiffs state, "[t]he Court can certify the particular issue raised by the Plaintiffs' case: the legality as a breach of the health insurance policy and unfairness in the Illinois Consumer Fraud Act under Rule 23(c)(4) to withdraw from Illinois, while at the same time attempting to retain the RightCHOICE Illinois business for Unicare."
There are several problems with this request. First, the Court can barely make heads or tails of the above sentence. Second, Plaintiffs's Motion to Certify the Class did not ask for their suit to be maintained as a class action with respect to only certain issues and not others. Therefore, this request falls outside of a proper motion for reconsideration. Finally, it appears that the class issue that Plaintiffs want certified is whether Defendants breached Plaintiffs's insurance contracts. In order to determine whether there was a breach, the Court will have to look at thousands of individual contracts, making class certification on this issue inappropriate for the same reason that class certification of the action as a whole is inappropriate.
Plaintiffs also point out that the Seventh Circuit has not foreclosed the possibility that a district court could "certify a class under Rule 23(b)(2) for both monetary and equitable remedies but exercise its plenary authority under Rules 23(d)(2) and 23(d)(5)to provide all class members with personal notice and opportunity to opt out, as though the class was certified under Rule 23(b)(3)." See, In re Allstate Ins. Co., 400 F.3d 505, 508 (7th Cir. 2005) (quoting Lemon v. Intern. Union Operating Eng'rs, Loc. 139, 216 F.3d 577, 582 (7th Cir. 2000)). However, the Seventh Circuit cautioned that "such an effort to restructure Rule 23(b)(2) would be complicated and confusing. . . ." Id. Plaintiffs have not convinced the Court that the equities of this case require the Court to undertake a complicated and confusing restructuring of Rule 23(b)(2). As the Court explained in its order denying class certification, the substantial amount of damages being claimed by the individual Plaintiffs indicates that this action is not a "negative value suit," one where the alternative to class litigation is no litigation at all. In the case of a negative value suit, a so-called hybrid class certification might be the appropriate way to ensure justice. However, here, the Court determined that the individual claims are worth tens of thousands of dollars or more, making individual litigation a viable alternative to class litigation. Plaintiffs have presented nothing in their Motion for Reconsideration to convince the Court that a complicated and confusing restructuring of the federal rules is necessary. Accordingly, the Court will not certify a so-called hybrid class under Rule 23(b) in this case.
For the foregoing reasons, the Court DENIES Plaintiffs's Motion for Reconsideration (Doc. 197).
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text: Porsche 911 PlayStation 3/PC Steering WheelJason Chen10/01/07 6:00pmFiled to: Gaming911Force FeedbackPS3PlaystationPlaystation 3PorscheSteering wheelFanatecPorsche 911steeringwheel151EditPromoteShare to KinjaToggle Conversation toolsGo to permalink It's not every day that an actual automaker creates a steering wheel for console gaming, so this Porsche 911 setup is especially awesome. It's a "fully licensed, to-spec reproduction," which means the wheel, the 6+1 gear sticks, and the wireless pedals are all as authentic as you're going to get in your living room. It's all wireless, has force feedback, an extra sequential gear stick, a 100-hour battery life, table clamps and works with your PS3 and PC, plus comes with a Porsche USB stick to show off to the (nerdy) ladies. Available later this year for $350. [Fanatec via Jalopnik] Gear from Kinja DealsGet The Most From Amazon Prime PantryYour Pick For Best Tea Steeper: ingenuiTEA, Plus AlternativesSaturday's Best Deals: Amazon Ray-Ban Sale, Smart Thermostat, $5 Off All BooksReply15 repliesLeave a reply


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Arthroscopy is a minimally-invasive diagnostic and treatment procedure used for conditions of a joint. Originally, arthroscopy was a diagnostic tool only, used primarily for planning a standard open surgery. However, because of the development of new instruments and advanced surgical techniques, many conditions can also be treated with arthroscopic surgery.
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I' m getting married on a budget, but want to have a ceremony. Does anyone know of an affordable ballroom in my area? Do you have any other suggestions? Thank you.
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JAMMU AND KASHMIR BANK LIMITED RTGS HO Branch in DANEW KANDIMARG - Address, IFSC, MICR Code
JAKA0DWMARGMICR Code
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What is IFSC Code of JAMMU AND KASHMIR BANK LIMITED situated at DANEW KANDIMARG- RTGS-HO?
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What is the meaning of IFSC Code, MICR Codes in Banking industry?
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What is the significance of IFSC Code and how we can use it?
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Alfonso Arau
|Highest Rated:
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|January 11, 1932
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|Mexican actor and director Alfonso Arau's first American film role was as bloodthirsty bandit Herrera in Sam Peckinpah's The Wild Bunch (1969), a role he would later parody (albeit with a straight face) in the 1986 comedy Three Amigos! U.S. filmgoers were by and large unaware that Arau had long been…
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John Dahl
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John Dahl directed the Jessica Jones episode AKA Sin Bin and an upcoming episode of Iron Fist.


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Bangladesh's ruling Awami League won a violence-plagued parliamentary election whose outcome was never in doubt after a boycott by the main opposition party. With fewer than half of the 300 seats being contested, voters in modest numbers cast ballots on Sunday amid heavy security in polling that lacked the festivity typical of Bangladeshi elections and was shunned by international observers as flawed. Low voter participation could pile new pressure on Prime Minister Sheikh Hasina to find a compromise with the opposition Bangladesh Nationalist Party for holding new elections. Either Hasina or BNP chief Begum Khaleda Zia has been prime minister for all but two of the past 22 years. The two are bitter rivals.
|Bangladesh Ruling Party Wins Poll Hit By Violence, Boycott
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BROOKHAVEN - As the cleanup after Irene begins across Long Island, residents in the Town of Brookhaven began to return home this afternoon.
Brookhaven Supervisor Mark Lesko lifted the mandatory evacuation orders for most of Brookhaven at 3 p.m. Sunday. Mastic Beach Village remains under mandatory evacuation until further notice.
While the evacuation order has been lifted, residents are urged to use extreme caution. Some roadways remain flooded or littered with downed trees and other debris.
Suffolk County Executive Steve Levy says four emergency shelters remained open Sunday night for residents still coping with the effects of the storm. The shelters were Brentwood High School, Eastport-South Manor High School, Easthampton High School and Middle Island High School.
Out on the North Fork, Southold Town Supervisor Scott Russell lifted the state of emergency. Town officials urged residents to use extreme caution when traveling, as a large amount of downed trees, wires, telephone poles and debris remain on Southold's roadways.Brookhaven residents boarded up, shipped out ahead of storm


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A couple pages from a book of poems I wrote with an ex-boyfriend!


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From broad liability insurance to the profession's best Continuing Education, AMTA membership provides the tools you need to thrive in your massage therapy career. Sign in to view your benefits »
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From Uncyclopedia, the content-free encyclopedia
로동신문에 오신 것을 환영합네다! the official party-controlled newspaper of the Democratic People's Republic of Korea.
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Georges Jacques Danton (26 October 1759 – 5 April 1794) was a leader of the French Revolution who was even uglier than the actor who once played him in a French movie.Danton today is seen as a 'hero' of France. Streets and battleships are named after this Jacobin responsible for the deaths of Louis XVI and Marie Antoinette. Even guard dogs carry the name of the man who helped to define France's big leap from monarchy into anarchy. (more...)
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Fresh off the announcement of the release date and tracklist for his new album Konnichiwa yesterday, Skepta is back with a new single from the project. "Man (Gang)" is another hard-hitting track from the London native. "Told me you was a big fan/But the first thing you said when you saw me was can I get a pic for the 'gram?/I was like 'Nah sorry man/I only socialize with the crew and the gang,'" he spits.
Skepta's Konnichiwa album is due out May 6. In addition to "Man (Gang)," the album will feature previous singles "Shutdown," "That's Not Me," and "Ladies Hit Squad." He's long been popular in the UK, but is just finally starting to get major attention in the US, due in part thanks to a strong cosign from Drake. The pair collaborated on the song "Ojulegba" with Wizkid last year, and Drake appeared at his section tour back in February. It's possible that the OVO rapper may even make an appearance on the album, although we don't know for sure yet.
You can listen to Skepta's "Man (Gang)" below.


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I like to play the Vidya. I own a PC, PS2, Xbox 360, PSP, and a Powemac G4.
Last, Last week or should I say 2 weeks ago? LOL! Bioshock Infinite, my most anticipated game of the year had came out! I was ecstatic! ! ! You know it's been SIX YEARS! since the last GOOD Bioshock game came out and I finally got my grimey mitts on the new one. Let me tell you something! Bioshock Infinite is one of the best experiences I've had in gaming! ALL THE HYPE lived up to the game! It wasn't a particularly long experience (beat it within 17 1/2 hours) BUT it sure is longer than most modern games and it manages to tell a captivating story and keep you interested in playing to learn what happens next! When Spring break comes next week I'm going to start my second playthrough with 1999 MODE! :D
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