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decided: May 18, 1954.
SCHALLv.UNITED STATES.
Per Curiam.
In this case the judge's decision appears to be better than his supporting findings, perhaps because the latter may have been submitted by counsel. Plaintiff's claim of error is that the damages of $8,500 awarded for his injuries are inadequate on the findings. Before the accident here in question on January 9, 1952, for which the United States has been held responsible, plaintiff in August, 1951, was in an industrial accident, caused by the explosion of a fly wheel, which required operative treatment and extensive hospitalization; and after the accident in issue he was back in the hospital several times, undergoing, inter alia, one operation for the removal of his appendix and one for the removal of his gall bladder. The extent of responsibility to be attributed to each accident for his extensive hospitalization, medical bills, and loss of work therefore presented a difficult question for the trier of facts. In his memorandum of decision the trial judge held that the original injuries "were aggravated" by the later injuries, but "The exact extent of the aggravation cannot be determined." He went on to say, "Plaintiff has incurred expenses of $2,969.86 since January 9, 1952." But in his separate findings, notably those numbered 9 and 10, he attributes all this expense and loss of employment to the accident of January 9, 1952.
It is quite clear that these latter findings are inconsistent with the evidence and the judge's decision; there is no doubt but that the earlier August accident was a substantial cause of these losses, however much the later accident may have "aggravated" plaintiff's condition. Obviously the judge meant that the evidence did not admit of absolutely precise apportionment of consequences between the two accidents, and that the amount he granted - even if below the losses as claimed by plaintiff - represented the measure of division he thought appropriate. He has thus fully disclosed his state of mind developed on a full record of oral testimony. To press him now to compute values and total results beyond what he has stated would be to seek only an artificial gilding for his result which is surely fair to the plaintiff and perhaps even overgenerous on the evidence presented. But since the defendant has not appealed the award is not now subject to attack as excessive. We think the ends of justice will be better served by an affirmance than by a remand for reconstructed findings.
© 1998 VersusLaw Inc.
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Buying a Distressed Residential Subdivision: Are You Getting In Over Your Head?
There are many ways to acquire a distressed residential subdivision for what may seem to be a bargain price. Whether an investor is buying the property at a foreclosure sale or purchasing a defaulted mortgage loan on the property, issues may exist that, if known at the time of purchase, would affect the price. While most developers and builders who make these types of acquisitions are aware that distressed properties frequently require the performance of deferred maintenance, some problems are not so readily apparent. Read the article……….
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text: Since upgrading to OS 4, several times a day but not always, I get the following error, even though I am connected to the internet and the itunes store is working. Is anybody else having this problem? Please Register or Log in to view images I can't determine any pattern for when it happens, but its definitely something since OS 4, I had no problem on 3.1.3 Sometimes I'll exit the App store and try again a few seconds later and it loads. Sometimes, despite the error message, the App store listing will appear anyway. Sometimes I have to reboot to get it to work. Anybody?


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Japanese bishops ask Francis to warn against nuclear power in his encyclical
The Japanese bishops asked that even if Francis did not outright condemn nuclear power, he say it has "very serious problems that threaten life."
The Japanese bishops asked that even if Francis did not outright condemn nuclear power, he say it has "very serious problems that threaten life."
Two members of the new Vatican commission advising Pope Francis on clergy sexual abuse have said they are both concerned and surprised at the pontiff's decision to appoint a bishop in Chile who is accused of covering up abuse, and even witnessing it, while he was a priest.
The president and the pope "will continue the dialogue, which they began during the President's visit to the Vatican in March 2014, on their shared values and commitments."
"I ask you all, please do not miss making your prayer," Pope Francis said. "This prayer for the synod on the family is for the good of all."
A traditionalist bishop who has denied the Holocaust has been automatically excommunicated along with the priest he illicitly ordained a bishop.
British Bishop Richard Williamson violated church law when he ordained Fr. Jean-Michel Faure, 73, a bishop without papal approval during a ceremony in Nova Friburgo, Brazil, on Thursday, the feast of St. Joseph.
While the Vatican did not comment immediately, canon law provides automatic excommunication for the newly ordained bishop and for the bishop ordaining him in cases where the ordination goes against the will of the pope.
Pope Francis will dine with about 90 prisoners who won their spots after a raffle among some 1,900 detainees.
Cardinal Luis Antonio Tagle of Manila, Philippines, has been named the new president of the Catholic Biblical Federation.
While Tagle was elected unanimously as head of the federation at an Oct. 24-25 meeting in Rome of its executive committee, Pope Francis confirmed his election March 5.
He will assume his office at the federation's plenary assembly, to take place June 18-23 in Nemi, Italy. Tagle will succeed Italian Archbishop Vincenzo Paglia, who has been president of the Catholic Biblical Federation since 2002.
"It's like a little vague feeling. But I have the feeling that the Lord puts me [here] for a brief thing and not more."
"Respect for the dignity of every human person and the common good are the two pillars on which the position of the Holy See has developed."
Over the centuries, the international community has developed criteria for determining whether a war is just and for regulating conduct in combat; now it needs clearer guidelines for "humanitarian intervention" and for post-conflict reconciliation, said the Vatican secretary of state.
Cardinal Pietro Parolin, Pope Francis' top aide and chief coordinator of the Vatican diplomatic corps, also warned against indifference toward situations of conflict around the world.


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Nice and charming. Nice setting and decor. Warm and friendly staff. Good food but our only disappointment was that they ran out of a number of their hot favourite plates.
We hosted a private party in celebration of our daughter's bat mitzvah the day before. We reserved the private balcony area and had a table for 12. I couldn't believe how incredible the service was, and how beautiful the location. Only thing that matched those was the food! (And the martinis were pretty kick-a## too). I loved the seared tuna,...
Great food and ambiance at a small restaurant in the Mongoose Junction building. Loved the special scallops, fried calamari, snapper and rib eye steak dinners. Definitely a step above most other restaurants we have visited here.
Good place to eat with reasonable prices and friendly staff. We would recommend this to anyone looking for a good meal
Our first meal outside Caneel's Turtle Bay and Beach Grill restaurants--quite a pleasant surprise. Service was gòod, and everything from the calamari to the lobster to the crab cakes was very well done. Will definitely return.
One of our favorite places to have a Happy Hour and then a great meal - wonderful seafood. It's right there by the ferry to St John so we seem to go a lot - and are glad to!
We really enjoyed our dinners - we had a group of 7 people and everyone was very happy with their meals.
The PEI mussels were fresh and tender.
The salmon was perfectly cooked.
I am vegan so we called ahead to see if the chef could prepare something for me and it was no problem and the food was delicious! The service was very good too! We had Espresso Martinis that were excellent also.
Dined here on a Monday night as our other dining options were closed that evening. Restaurant was very busy, but we had a reservation. Note, the restroom is located up a spiral staircase that is difficult for older diners to navigate. Seafood was excellent and dessert was good as well.
During our vacation on St. John we dined at some amazing restaurants. We had high hopes for our dinner at Ocean Grill. Unfortunately we did not have a stellar experience. My shrimp dish had only a few small shrimp and my husband's chicken was dry and tasteless. The wait staff did not seem interested in serving us and we left...
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Laus störf
Maritime recruiter
Utsira Servicesenter AS (utsira.com) is a privately owned employment agency for seafarers and provides marine personnel for temporary jobs and permanent positions. With a database of 15,000 sailors and 250 customers in Norway and overseas Utsira Servicesenter AS is one of the biggest players in this field in Norway. Utsira Service is part of the maritime cluster on the southwest coast of Norway .
Our company is now in demand for one or two employees. These are permanent positions as maritime recruiter
We are looking for persons who love working with people and have an interest in the maritime industry, are reliable and proactive and are not scared to take a phone call and use the computer.
- daily contact with seafarers and shipowners
- recruiting qualified personnel to the vacant position with the customer
- Trip Planning
- administration of applications for visas and working permits around the world
- marketing
- coordination of maritime courses on Utsira
Skills and qualifications:
- college or university education
- English fluent, the ability to communicate in Norwegian, Swedish or Danish
- experience in sales, recruitment, logistics can be of advantage
- good computer skills
- no fear of using the telephone
Personal qualities:
- enthusiasm for the maritime industry
- proactive and independent
- enjoy working with people
- structured and focused on quality
- willingness to show respect for clients and candidates
- must deal with stress in certain periods
The company offers excellent training, flexible hours and exciting tasks in a market with great opportunities. We appreciate a good working environment. Utsira Servicesenter is a company with a strong record among shipowners and seafarers. A gym belongs to the company and the guesthouse "Sildaloftet". Spouses or cohabitants can apply for a position in our company. There are also vacancies in the municipality, the kindergarten, the school and the nursing home available. Some residents commute to Haugesund. Utsira is a family-friendly island and most people enjoy living here. For the integration of newcomers the natives have formed an energetic committee to be of assistance when needed. A grocery store, primary and middle school, an ambulance and a nursing home are located on the island. There is are a football- and a volleyball team, a brass band and several charities on Utsira. In summer concerts are held at the lighthouse and frequently art exhibitions are presented. Towards spring the pub and restaurant will reopen. Housing can be arranged and the average rent is astonishingly low in relation to the rest of the country. The ferry sails up to four times a day to the mainland. There is an airport on the next door island at Karmøy with connections to Oslo, London, Spain and Germany.
Contact: Siw Rødne Hansen, personalsjef/HR-Manager
Telephone: +47 94 27 99 87
E-mail: email@example.com
We are looking forward for your application. Do not hesitate to take contact if you have any questions
Fréttir og tilkynningar
26. Janúar 2016
Kynning á tækifærum og styrkjum í Evrópusamstarfi
Kynning á tækifærum og styrkjum í Evrópusamstarfi, fimmtudaginn 28. janúar 2016.
7. Maí 2015
Ertu að flytja til Noregs, Danmerkur eða Svíþjóðar ?
Norræna félagið í samstarfi við Halló Norðurlönd og EURES - evrópska vinnumiðlun standa fyrir upplýsingafundum um flutning til Noregs, Svíþjóðar og Danmerkur.


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The new 2 Megapixel Minolta DiMAGE E223 camera
Dennis Hissink : August 6th 2003 - 00:24 CET
The new DiMAGE E223 is the perfect camera for newcomers to the digital age. It affordably offers high-quality images, carefree operation, and value-added features. With a precision electro-optical system built around a 2.1 megapixel 1/2.7-type interline primary-colour CCD, the 2.0 million effective pixels generate brilliant, high-resolution images for producing A4 size 150dpi prints or postcard size photo-quality prints. The DiMAGE E223's 3X optical zoom is equivalent to a 38 - 114mm lens on a 35mm camera, and offers a focal range of 6.2mm to 18.6mm. The maximum aperture of ?/2.9 - 3.0 allows the camera to be used in less than ideal lighting conditions without the need of the flash.
It can also range from wide angle for landscapes to telephoto for intimate portraits. All this combined with the resolution of the nine-element, six-group design guarantees the best results from the 2.1 megapixel CCD.
DiMAGE E223's digital zoom can extend the optical zoom's performance by three times in 0.2X increments, thereby giving the E223 the equivalent of a 342mm lens on a 35mm camera. The combined optical and digital zooms team up to provide this compact digital camera an amazing 9X zoom range.
With a lens that can focus down to 8cm (3.1in), the camera's macro mode allows small objects and details to be captured in close-up photographs.
Combining form with function, the DiMAGE E223 could not be any simpler to operate. Exposure, focus, white balance, and flash are all controlled automatically for beautiful colour pictures. Just simply point and shoot, and the camera will do the rest.
Images can be saved to a tiny, removable SD Memory card or MultiMediaCard, or to the camera's built-in 8MB memory. Images can also be transferred between the memory card and camera memory. To download photographs from the camera, simply connect the USB cable, and drag and drop the images into a computer.
Designed for optimal use, the DiMAGE E223 is not limited to capturing only still images. Audio movie clips of up to 60 seconds can also be recorded. The 320 x 240 size (QVGA) images can be replayed with the camera's colour monitor and built-in speaker.
The DiMAGE E223 is an affordable camera enabling the capture of high-quality images, is extraordinarily easy to operate, and offers fun, value-added features. With the DiMAGE E223, it has never been easier to enter the digital age.
Minolta USA announces the new DiMAGE S414 camera
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text: MainStoriesSpecial Olympics and U.S. State Department Coaching Fellowship Special Olympics and U.S. State Department Coaching Fellowship Jenna Briggs | Sep 12, 2013 Special Olympics International and The Department of State selected 10 Fellows from Serbia, Montenegro, and the U.S. to participate in the Special Olympics Coaching Fellowship from May 9th to May 17th in Montenegro. The fellows were led by Andre Peeters in a day of football with SO Montenegro athletes and Unified Partners. US Ambassador Susan K. Brown joined them during their second day of play, speaking at opening ceremonies with coverage filmed by the national news. During their time in Montenegro, the fellows sat in on presentations given by professors from the University of Montenegro in Niksik on injury prevention, training and food and nutrition. Facilitated discussions, led by Aldis Berzins and Jenna Briggs, informed the participants on SOI initiatives and development model. At the end of October, Fellows will visit the U.S., touring DC and its embassies, spending time at SOI, observing an inclusive classroom and attending the Pennsylvania Fall Games at Villanova University. About Me:I'm Jenna Briggs and I manage the State Department, Department of Defense, and Mattel grants at SOI. Read More Stories Remembering Billy Quick, Whose Name Said it AllChristy WeirRealising that the r-word is not a laughing matterAnonymousI never was someone who openly said the r-word in order to shame or insult another human being. But I would occasionally laugh or join in with a joke.I'm Proud To Still Be At School!Phetsile NgubeniAchieving Their Personal Best: A Coach's Story from SwazilandSabelo DlaminiMy friend Tony Alaina TorkelsonWhen I was a kid I used the r-word frequently even picking on kids that were different....that is until I met Tony.Traditional Leaders in Malawi Support Family Health ForumsRomi ReineckePablo Ulises Lázaro: Successes of a mother and her sonLeilani GonzalezHe no longer fears dentistsGenevieve JiangVisiting a dental clinic made Bhavya Jain very anxious. Special Olympics helped.From shy and isolated, to confident leaderGenevieve JiangBefore Punsara Dissanayake joined Special Olympics Serendib, she was reluctant to attend school as she feared being bullied.Medical help gave her winning edgeGenevieve JiangJohn Lucas: From Introvert to Spokesman in BrazilCaroline ChevatA Special Olympics athlete took part in the signing of an agreement between Special Olympics and the International Volleyball Federation.Do You Have A Story to Share?Share Your Story More Stories


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United States District Court, Southern District of New York
October 3, 2002
This case involves a claim that defendant Charles Schwab & Co.,
Inc. ("Schwab") improperly inquired into plaintiff's supposedly sealed
arrest record and, upon discovering that he had been arrested, therefore
denied him employment in a position that allegedly had been promised to
him. The matter is before the Court on Schwab's motion for summary
judgment dismissing the complaint.
The Arrest and the Records
On June 3, 1999, plaintiff, a licensed securities broker, was arrested
for petit larceny. The parties agree that the arrest was the product of
mistaken identity and that no charges ever were brought against him.
Indeed, plaintiff asserts that he "was not involved in any `court
proceeding,' . . . never [was] charged with a crime[, and that n]o
charging instrument was ever filed.'"*fn1
Plaintiff contends that the New York Criminal Procedure Law resulted in
the sealing of the arrest record once prosecution was declined.*fn2 The
implicit assumption that the statute applied to this record is
questionable as a matter of law.*fn3 But the salient point for present
purposes is that the record in fact was not sealed immediately, whatever
the statute
intended.*fn4 Plaintiff evidently learned as much in or
about February 2000, as he then commenced a proceeding to seal the arrest
record, a proceeding that ultimately resulted in an order and judgment in
plaintiff's favor, which was entered on June 2, 2000.*fn5 The interval
between the mid-1999 arrest and the mid-2000 sealing order, however, was
to prove significant for purposes of this case, as the National
Association of Securities Dealers, Inc. ("NASD") learned of the June 3,
1999 arrest by March 2000.*fn6
The Employment Application at Schwab
In December 2000, plaintiff applied for corporate relationship manager
and sales manager positions with Schwab.*fn7 Following an initial
interview, he filled out an employment application and signed a form
authorizing Schwab "to have full access to any and all court records
pertaining to any criminal proceeding in which I have been involved,
either as reflected on this form or on my employment application form, or
as revealed in the records of the" Central Registration Depository of the
NASD.*fn8 These forms then were faxed from Schwab's New York office,
where plaintiff had been interviewed and where his application was
pending, to Schwab's Risk Management & Investigations ("RMI")
department in San Francisco for the purpose of RMI conducting a
background check.*fn9 RMI then made inquiry of the NASD and learned that
plaintiff had been arrested for petit larceny on June 3, 1999.*fn10
At some point, plaintiff had a second interview in New York at which he
claims he was promised a job. His pertinent deposition testimony was as
"Q * * * My first question is, what representations
did Schwab make to you that you would in fact be
"A I was specifically requested when I could start. I
was specifically requested for compensation. Expected
compensation. I was specifically discussed and
outlined the job duties. The preference of what
position would be best suited for me from the two open
positions, by the hiring manager. I was told
specifically that I would be contacted shortly and
this was a sure thing. In addition, I was asked to
follow-up, after multiple
interviews, with a digitized
document from a presentation that I had made to
"Q The next one, the second part says this was a sure
thing. You would be contacted shortly and this was a
sure thing. Did someone say those exact words to you?
"A Zachary Jolly [one of the interviewers] made it
very clear that I would be contacted very shortly,
within a day or so, and that at that point an offer
would be formally presented."*fn11
Schwab, on the other hand, denies that any promises were made. It
contends that, immediately after the second interview, the interviewers
who met with plaintiff unanimously concluded that he was not right for
either of the jobs. And, of course, it is undisputed that no job offer
ever was forthcoming.
The record concerning the knowledge of the plaintiff's arrest record by
the four Schwab interviewers is murky, notwithstanding the categorical
denials in Schwab's memorandum of law. Mr. Jolly, one of the Schwab
interviewers, testified that he was not aware of the arrest record.*fn13
Another interviewer, Ms. Mabel, said that the interviewers never
"discussed" plaintiff's arrest among themselves and that she had not
discussed it with the RMI employee in San Francisco.*fn14 However, Ms.
Mabel recalled a conversation in which the RMI employee advised her that
Mr. Shapira "wasn't forthcoming with his answers," requiring additional
investigation.*fn15 No affidavit or testimony of the other interviewers
was submitted on the motion. The deposition testimony of the San
Francisco RMI employee who learned of the arrest record, at least to the
extent that it has been submitted to the Court, falls far short of
claiming that she never advised the New York personnel of the arrest.
Plaintiff makes three claims. He contends first that Schwab violated
the New York State and New York City Human Rights Laws*fn16 by inquiring
into his allegedly sealed arrest record. Second, he asserts that
plaintiff unlawfully discriminated against him because of the arrest.
Finally, he contends that Schwab is liable to him for the failure to hire
on a theory of promissory estoppel.
A. The Inquiry
The relevant portions of the statutes in question provide, in
substantially identical language,*fn17 that:
"It shall be an unlawful discriminatory practice,
unless specifically required or permitted by statute
[any other law], for any person . . . to make any
inquiry about, whether in the form of application or
otherwise, or to act upon adversely to the person
involved, any arrest or criminal accusation of such
individual not then pending against that individual
[such person] which was followed by a termination of
that criminal action or
proceeding in favor of such
individual [person] . . . in connection with . . .
employment. . . ."*fn18
Securities and Exchange Commission ("SEC") Rule 17a-3, promulgated
under the Securities Exchange Act of 1934 (the "Exchange Act"),*fn20
provides in relevant part as follows:
"(a) Every member of a national securities exchange
who transacts a business in securities directly with
others than members of a national securities
exchange, and every broker or dealer who transacts a
business in securities through the medium of any such
member, and every broker or dealer registered pursuant
to Section 15 of the Securities Exchange Act of 1934,
as amended, . . . shall make and keep current the
following books and records relating to his business:
"(12)(i) A questionnaire or application for
employment executed by each `associated person' (as
hereinafter defined) of such member, broker or
dealer, which questionnaire or application shall be
approved in writing by an authorized representative of
such member, broker or dealer and shall contain at
least the following information with respect to such
"(g) A record of any arrest or indictment for any
felony, or any misdemeanor pertaining to securities,
commodities, banking, insurance or real estate . . .
fraud, false statements or omissions, wrongful taking
of property or bribery, forgery, counterfeiting or
extortion, and the disposition of the foregoing."*fn21
B. The Discrimination Claim
Defendant's motion for summary judgment, although brought under state
law, is analyzed under the familiar rubric of McDonnell Douglas Corp. v.
Green.*fn24 Defendant assumes, albeit dubitante, that plaintiff has
offered evidence which, if credited, would establish a prima facie
case.*fn25 Certainly defendant has advanced non-discriminatory
reasons for its employment decision. The question therefore is whether
the admissible evidence establishes the lack of a genuine issue of fact
material to the question whether plaintiff's arrest was a factor in
defendant's decision not to hire him.
The crux of this branch of defendant's motion is its assertion that the
persons who decided not to hire plaintiff did not know of his arrest
record.*fn26 But the evidence defendant has offered falls considerably
short of proving any such thing. Assuming that it all were credited, it
would establish no more than that Mr. Jolly was unaware of the arrest,
that the interviewers did not discuss it among themselves, and that the
relevant RMI employee in San Francisco was vague as to exactly what
transpired — all of which could be true even if the arrest record
played a part in the ultimate decision.
Plaintiff's discrimination case appears to be weak. Nevertheless, the
Court's role on a motion for summary judgment is not to predict the
winner at trial and rule accordingly. The questions whether defendant's
decision maker(s) knew of the arrest and, if so, whether it was a factor
in the decision are for trial.
C. The Promissory Estoppel Claim
Plaintiff claims that he is entitled to damages based on promissory
estoppel on the theory that Schwab reneged on its alleged promise of at
least one of the jobs in question. This is mistaken for at least two
First, New York does not apply the doctrine of promissory estoppel in
the employment context. A prospective employee, in other words, cannot
sue an employer who reneges on a job offer or other employment promise on
such a theory.*fn27
Second, even if the doctrine were available in this context, plaintiff
has not brought himself within it. The elements of such a claim, as
plaintiff agrees, generally are:
"(1) a clear and unambiguous promise, (2) reasonable
and foreseeable reliance by the party to whom the
promise is made, and (3) an injury sustained in
reliance on that promise."*fn28
Therefore, the promissory estoppel claim also must be dismissed.
Defendant's motion for summary judgment dismissing the complaint is
granted except to the extent the complaint seeks relief for alleged
discrimination on the basis of defendant's arrest.
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