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decided: September 10, 1984.
LAWRENCE R. RICHARDS, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT
Appeal from the Order of the Unemployment Compensation Board of Review in the case of In Re: Lawrence W. Richards, No. B-217309.
G. Scott Gardner, for petitioner.
Michael Alsher, Associate Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.
Judges Rogers, MacPhail and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.
[ 85 Pa. Commw. Page 91]
Lawrence R. Richards, (Claimant), appeals here from an order of the Pennsylvania Unemployment Compensation Board of Review (Board) reversing a referee's decision and declaring Claimant ineligible for benefits under the provisions of Section 402(e) of the Unemployment Compensation Law (Law).*fn1
There is no dispute as to the facts. Claimant, while receiving benefits for a layoff from his employment at Bethlehem Steel Corporation, was discharged from a part-time job with Domino's Pizza where his weekly earnings were less than his "partial benefit credit" of $70.00 per week. His discharge from Domino's Pizza was for willful misconduct.
Claimant, without seeking to contest the Board's findings concerning the willful misconduct discharge by Domino's Pizza, but citing our holding in Unemployment Compensation Board of Review v. Fabric, 24 Pa. Commonwealth Ct. 238, 354 A.2d 905 (1976), contends that with his part-time job paying less than his "partial benefit credit" it was clear error to disallow his weekly compensation benefits since his part-time
[ 85 Pa. Commw. Page 92]
work could have no effect on his entitlement to regular benefits and, therefore, under Fabric, his loss of the employment with Domino's Pizza is irrelevant. We agree.
In Fabric, where there was part-time employment with earnings less than the partial benefit credit, as here, we stated the test for disallowance or deduction of regular benefits to be as follows:
In other words, the part-time job must have yielded income in excess of the partial benefit credit (and thus decreased the amount of the weekly benefits payable) before a claimant can be denied any benefits because of a voluntary separation. Under the statutory definition, a claimant is only "unemployed" due to his voluntary separation to the extent of the wages he was earning; and we see no provision in the Act which requires or authorizes the Board to deny all of the claimant's benefits.
Id. at 241, 354 A.2d at 907.
We then concluded:
In summary, we hold that when a Claimant voluntarily leaves part-time employment . . . he is rendered ineligible for further benefits only to the extent that his benefits were decreased by virtue of his part-time earnings.
Id. at 242-43, 354 A.2d at 908.
Although in Fabric separation from the part-time job was by voluntary quit and the separation here was for willful misconduct, the difference is irrelevant to the issue involved here. If, as we noted in Fabric, a Claimant receiving regular benefits "is under no obligation to seek employment which pays less than his partial benefit credit[,]" Id. at 241, 354 A.2d at 907. Leaving his part-time job does not increase his weekly benefits and thus does not impose an added burden on
[ 85 Pa. Commw. Page 93]
the fund, so that the loss of the part-time job in such circumstances becomes irrelevant to the payment of regular benefits.
Nevertheless, the Board contends that a separation from the part-time employment for willful misconduct contains some form of impropriety which places this case outside of the scope of Fabric and under the influence of our decision in Morocco v. Unemployment Compensation Board of Review, 38 Pa. Commonwealth Ct. 285; 392 A.2d 913 (1978). We disagree. In Morocco, Claimant was receiving unemployment benefits of $85.00 weekly with a partial benefit credit of $34.00. While receiving such regular weekly benefits, Morocco earned $40.00 per week which he admittedly failed to report in order to avoid having his benefits affected thereby. We upheld his disqualification for all benefits on the basis of the penalty imposed under Section 801(b) of the Law, 43 P.S. § 871(b), for his having knowingly failed "to disclose a material fact to obtain or increase any compensation. . . ." In so ruling, we distinguished Fabric, a distinction which we recognize here. Here, as distinguished from Morocco, we have no statutory or other basis for imposing a penalty as to regular benefits because of unemployment from a part-time job which Claimant had a right to keep or lose since the earnings therein could in no respect affect his entitlement to regular benefits. Fabric.
Accordingly, since the Board decision is erroneous as a matter of law under our holding in Fabric, we must reverse.
Now, September 10, 1984, the order of the Unemployment Compensation Board of Review, dated April 20, 1983, is reversed and it is directed that benefits be provided to Lawrence R. Richards consistent with the foregoing opinion.
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Redleg Lifestyle
Note: You may want to call first (before driving out there) if you're considering feeding your Big Red Appetite at the Boston Market. It seems they're known to temporarily run out of food from time to time.
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Old Town Hostel Gdansk: Find photos, reviews, information, amenities and compare prices for 0 stars hotels in Gdansk, Poland.
Old Town Hostel Gdansk provides a historic setting when in Gdansk. It is conveniently positioned for those wishing to sightsee in the area.
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Old Town Hostel provides a 24-hour reception, luggage storage and an express check-in and check-out feature. A Wi-Fi connection is also available.
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Banking in denial over death of Wall Street
Terrible thing, denial. As the investment banking industry mourns the sudden death of the Wall Street model, it is not surprising that many are locked in grief. But it is worrying that some are still stuck in denial about why it died and what it will mean for those left behind.
Denial is, along with anger, bargaining, depression and finally acceptance, one of the five stages of grief, first identified by the Swiss-born psychiatrist Elisabeth Kübler-Ross, that people must go through before they can comes to terms with their loss and move on.
In the past year the securities industry has had plenty to grieve – the fire sale of Bear Stearns, the collapse of Lehman Brothers, shotgun marriages across the industry, multi-trillion dollar bailouts of the financial system around the world and the renationalisation of large parts of the US and European banking industry. As the panic has receded, most of the five phases of grief have been on display.
Outright and often righteous anger has been demonstrated – from shareholders in banks who have been virtually wiped out, savers who have seen their pension funds halve in value, and from politicians and the public who have been increasingly revolted by the excesses and failures that have come to light.
Desperate bargaining – begging, even – has been on show by Wall Street executives between each other and with government officials to rescue their firms and protect their legacies.
Outright depression has been evident in corners of the hedge fund industry, in the Fuld household and for many of the tens of thousands of people who have been made redundant.
There have even been a few glimmers of acceptance – although not nearly enough – in the form of public expression of contrition by senior executives and their decisions to forgo bonuses.
But the overriding sense is one of denial: that in some way the upheavals of the past year are only a temporary diversion from the business of making excess returns for themselves and their shareholders; that the underlying model of investment banking is not broken, even if many individual investment banks are; that while things might be tough for a few years, the world has not fundamentally changed.
This is not the view of a minority or lunatic fringe. It is a view espoused by senior and intelligent bankers at successful institutions. It was widely shared by bankers at a drinks party in the autumn hosted by an investment bank, to the extent that no one would have guessed that the bank had teetered on the verge of bankruptcy just a few weeks before.
And at a dinner organised by Financial News for senior investment bankers in Europe, it was a topic that divided the guests down the middle.
The case behind this denial is deceptively simple. The collapse of Lehman Brothers and the pulling back from investment banking by many other banks desperate to preserve capital, has removed a huge chunk of the excess capacity from the capital markets.
With credit in short supply, this will play into the hands of those banks that have emerged from this crisis with an improved relative competitive position, such as JP Morgan Chase and Bank of America/Merrill Lynch. Banks that relied more on leverage than deposits, such as Goldman Sachs or Deutsche Bank, will see their appetite for risk-taking and capital commitment shrink along with their margins.
Fewer banks will be able to offer billions of dollars in credit lines, be able to take big trades on their balance sheets, or offer attractive terms to hedge fund clients. This will allow those left standing to grab market share and ramp up margins to even higher levels. For these banks, the model, and therefore returns and remuneration, will emerge unscathed.
The case against is somewhat more blunt: dream on. Regardless of the short-term disruption to the competitive landscape, there will be no scope in the long term to return to anything like the returns (and the excesses) of the past decade. This case echoes many of the issues we analyse in this outlook edition for 2009.
A potent combination of angry regulators, activist shareholders in the form of governments, and the baying of public opinion will ensure a clampdown on fees, margins, returns and remuneration.
Having rescued the system, governments and regulators have only just got started and will extract their revenge this year by restricting its every move. Bankers and investors will go back to basics and focus on simplicity and transparency, instead of often deliberate obfuscation. They will turn their undoubted intelligence and innovation on running their business better, instead of simply making better returns from their business.
In short, forget returns on equity in the mid-20s. Think instead of returns along the lines of regulated utilities in the range of 10% to 12%. And then factor that into your business model.
After a year as tumultuous as 2008, it is almost impossible to make any sensible specific predictions for the year (this column scored a miserable one out of nine for its albeit deliberately unlikely forecasts last year).
But in the broadest terms, it is clear that 2009 will see a polarisation across the industry. Polarisation between capital and money; between talent and mediocrity; between understanding and knowledge.
But perhaps above all, it will see a polarisation between those who are in denial about what has happened, and those who have fully come to terms with their grief over the death of the past, and are getting on with building the future.


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Hi I have 40 Units in FL. 15K per Unit, class C properties, for more infomation call Rickey at 617-821-7287. MUST SALE
- Mar 29, 2011 2011-03-29 18:28:14
- Mattapan, MA
1 Result(s) for Real estate investing in Mattapan, MA. The most recent discussion taking place in the area asks: 4O UNITS CLASS C PROPERTY. There are 34 new off-market investment properties in Mattapan, MA. The most recent is a Single-family property listed at $285,000. Mattapan, MA has 4 real estate investment groups such as the LOAN SEEKERS. There are 886 real estate investors in Mattapan, Massachusetts. Many of these real estate investors specialize in Rehab Residential & Wholesale.


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Swansea City FC
Arsenal top the alternative table (Getty) What if we ignored the conventional way of working out the Premier League table and instead based it on how clinical teams have been in front of goal? Well, w... [Read More]
It should be an intriguing clash (Picture: Getty/Rex) Bob Bradley will take charge of Swansea for the first time as they travel to London to take on Arsenal. The former Egypt and USA boss will become ... [Read More]
When is the EFL Cup draw? Arsenal, Liverpool, Chelsea and possibly Manchester United await their fate
The League Cup trophy (Getty) We're in the midst of the third round of the EFL Cup and the tournament is living up to its reputation for random results, exciting games and crazy scorelines. Last night... [Read More]
Wayne Rooney's days look numbered at Manchester United (Picture: Getty) With news that Wayne Rooney could finally be dropped by Manchester United for next weekend's game against Leicester ... [Read More]
Get in the mood for the new season with our quiz (Pictures: Getty) The start of the new Premier League season is almost upon us, but how much have you been following events unfolding over the course o... [Read More]
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Amat clearly fouled Ozil (Picture: AMA/Getty Images) Arsenal fans were not happy as Swansea equalised at the Emirates. Wayne Routledge calmly slotted the ball past Petr Cech to cancel out Joel Campbel... [Read More]
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Petr Cech, James Milner and Gerard Deulofeu make our Black Friday XI. (Pictures: Getty Images) To celebrate Black Friday, we've assembled a best XI of this summer transfer window's Premier... [Read More]


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Don't Have Health Insurance? The IRS Might Contact You
Uncle Sam wants you — a little too much, according to a few congressmen.
Uncle Sam wants you — a little too much, according to a few congressmen.
Health costs rose by the largest month-to-month rate since 1984. Find out what the trend might indicate about the economy.
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Key Practice Areas Home
Oct. 2011
Experts from Trucost and Jantzi-Sustainalytics, the companies that produced the rankings for Newsweek, explain how they assessed the companies in Newsweek's Green 100 Rankings.
This webinar from Oct. 27, 2011 invites you to get an inside look at how the companies were compared, scored and ranked for the 2011 Newsweek Green Rankings. In this section you will find:
Speaker Bios:
Q&A: Get answers to some of the key questions from this event.
Webinar: This webinar covers:
Speaker Bios
Cary Krosinsky, Senior Vice President; Trucost
Cary Krosinsky is Senior Vice President for Trucost in North America & member of the Management team. Trucost has become the recognized global leader in providing environmental data & analysis for the Newsweek Green Rankings, as well as supply chain analysis for Sprint, Puma, the City of London, US & UK federal agencies and other global organizations.
Cary also co-edited and authored the book Sustainable Investing: the Art of Long Term Performance, and a second book, Evolutions in Sustainable Investing,: Strategies, Funds & Thought Leadership is forthcoming in December 2011 from Wiley. He teaches sustainability & investing at Columbia University's Earth Institute, as well as an MBA course at the University of Maryland Smith School of Business. He was a member of the Expert Group that helped create the UN's Principles for Responsible Investment, and has a background in management, computer programming, investor relations & data analysis.
Annie White, Manager, Research Products; Jantzi-Sustainalytics
Annie is the team leader for Sustainalytics' annual publication of leading socially responsible companies in partnership with Maclean's and Newsweek magazine. She is the global team leader for the paper and forestry, and utilities sectors. Her primary responsibility is researching the environment, social, and governance practices and performance of these companies. Annie is also responsible for researching and monitoring global standards, best practices, market trends and the changing regulatory environment. Previously, Annie managed the Toronto internship program and currently manages a team of five analysts. Prior to joining Sustainalytics, she worked as an analyst with the International Food Policy Research Institute in Washington, D.C. Annie received a BA in Political Science from the University of Western Ontario and a Master's degree in Development Economics from the University of Glasgow.
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October 27, 2010
RICHARD BARRERES AND MICHELLE BARRERES, HIS WIFE, PLAINTIFFS-APPELLANTS,v.NANCY SALCEDO AND HUMBERTO SALCEDO, DEFENDANTS-RESPONDENTS.
On appeal from Superior Court of New Jersey, Law Division, Hudson County, No. L-5648-07.
Argued September 21, 2010
Before Judges Wefing and Payne.
Plaintiff appeals from a trial court order denying his motion for a new trial or additur.*fn1 After reviewing the record in light of the contentions advanced on appeal, we affirm.
Richard Barreres was a captain in the North Hudson Regional Fire Department. He filed suit seeking damages for injuries he said he incurred in a fall that took place while fighting a fire in June 2006 at premises owned by defendants Nancy and Humberto Salcedo. Plaintiff does not recall the circumstances of his accident. He regained consciousness at the Jersey City Medical Center, where he was hospitalized for two days. He spent a few days at home and then was hospitalized for another two days at Chilton Memorial Hospital. He eventually underwent separate surgeries on his right wrist, left ankle, and left knee. He said he also injured his neck, lower back and left shoulder in the incident. He said he was no longer able to engage in the physically strenuous job of firefighting and not able to engage in the active life style that he had pursued prior to the accident. He had been cleared to return to work after approximately two months but was on light duty. Eventually, when he was not able to return to active firefighting, he was placed on disability. He testified that he was still being treated by physicians for pain.
Defendants disputed the extent of his injuries. They noted that the doctors to whom the fire department referred plaintiff cleared him to return to work in approximately two months and that they did not recommend any surgery. Defendants noted that each of defendant's three surgeries was performed on a same-day basis, requiring no hospitalization.
Plaintiff's expert witness, Jen F. Lee, M.D., testified that plaintiff had arthroscopic surgery to his right wrist, which revealed a torn ligament and cartilage. Plaintiff also had arthroscopic surgeries to his ankle and knee, which involved debridement. Dr. Lee related plaintiff's injuries, and his need for surgery, to the accident of June 2006 and said plaintiff suffered from residual limitations. Dr. Lee did not perform these surgeries and saw plaintiff approximately two years after the surgeries had been completed.
Defendants presented Sebastian Adibe, M.D., as their expert witness. Dr. Adibe testified that he examined plaintiff in June 2008 and that the results of his orthopedic evaluation were normal. During the course of his testimony, Dr. Adibe expressed the opinion that each of the three surgeries which plaintiff underwent was medically unnecessary. Plaintiff's counsel objected to this testimony, contending that Doctor Adibe did not state that opinion in the written report he had submitted following his examination. The trial court overruled this objection.
At the end of the trial, the jury returned an award in plaintiff's favor for pain and suffering for $20,000. The parties had stipulated to compensatory damages for plaintiff's medical expenses of $42,043.56, the amount of the lien asserted by the workers' compensation carrier, resulting in a total judgment for $62,043.56. Plaintiff moved for a new trial or additur, and the trial court denied that motion. This appeal followed.
Plaintiff argues on appeal that the trial court erroneously allowed Dr. Adibe to express the opinion as to lack of necessity for these surgeries when that opinion was not set forth in his report. We reject this contention.
We have no dispute with the general principle upon which plaintiff relies, that "[a]n expert's testimony at trial may be confined to the matters of opinion contained within the expert's report." Mauro v. Owens-Corning Fiberglass Corp., 225 N.J. Super. 196, 206 (App. Div. 1988). Further, we concur that it can be appropriate, if an expert attempts to testify beyond the scope of his or her report, to give a brief continuance to permit the objecting party to have a fair opportunity to meet the unexpected testimony. Gaido v. Weiser, 227 N.J. Super. 175, 192 (App. Div. 1988).
We are satisfied, however, that those principles provide no basis to reverse the trial court's determinations. Here, Dr. Adibe clearly stated in his written report of July 7, 2008, that his orthopedic examination was normal, with no tenderness, spasm or restriction in motion, and that in his opinion plaintiff had suffered relatively minor injuries from his fall from which he had fully recovered. We agree with the trial court that Dr. Adibe's conclusion that plaintiff's surgeries were not medically necessary follows logically from the text of his report. Plaintiff did not depose Dr. Adibe prior to trial to explore in greater depth his opinions with respect to plaintiff's injuries and medical care and treatment.
Further, we are also satisfied that plaintiff was not unfairly prejudiced by this testimony. Plaintiff had already presented the testimony of Dr. Lee, who had explained to the jury in detail his reasons for his opinion that the surgeries were all medically called for and were causally related to the accident of June 2006. Contrary to plaintiff's contention that his cross-examination of Dr. Adibe was hampered because he was surprised by this testimony, our review of the trial transcript shows that plaintiff's counsel conducted a vigorous cross-examination of Dr. Adibe.
The jury was confronted with a clear conflict in these two opinions. It was up to the jury to resolve that conflict.
The order under review is affirmed.
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The 10th Invest in ME International ME Conference (IIMEC10) was held, as usual, in the Lecture Theatre at 1 Birdcage Walk in Westminster on May 29th, 2015.
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The role of Mercury in ME/CFS?
Discussion in 'Detox: Methylation; B12; Glutathione; Chelation' started by Stuart, Sep 5, 2009.
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Effective writing | 5 Unbelievably Simple Tips!March 24th, 2010
A majority of people have a difficulty with effective writing especially choosing the right words to use in an email, essay, or business letter. While we are all sure of our goal to convince the reader of our assertion and get them to see our point of view, the secret to effective writing often eludes us. It is easy to just give up and believe that we just weren't born with the skills to be a effective and dynami


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February 9, 2011
INTERSERVE, INC., ET AL., PLAINTIFFS,v.FUSION GARAGE PTE. LTD, DEFENDANT.
**E-filed 2/9/11**
For the Northern District of California
This action arises from an alleged cooperative effort between plaintiffs and defendant to develop and bring to market a tablet computer that was to be known as the "Crunchpad." Shortly before the planned product launch, defendant announced that it would no longer work with plaintiffs, and instead would release a tablet computer under the name "joojoo." Plaintiffs' claims for fraud and unfair competition as pleaded in the original complaint herein were dismissed, with leave to amend. Defendant now moves to dismiss those claims as repleaded in the Amended Complaint. Pursuant to Civil Local Rule 7-1(b), the motion has been submitted without oral argument. For the reasons explained below, it will be denied.
The general background of this suit has been described in prior orders
and will not be
repeated here. As noted, the fraud and unfair competition counts of
the original complaint were 4 dismissed with leave to amend. That
complaint included, among other things, a count under the
Lanham Act, which was also dismissed with leave to amend, but which
plaintiffs have not attempted 6 to replead. The Lanham Act claim was
predicated on a variety of allegedly false statements made 7 by
defendant. Additionally, the allegations of the original complaint
encompassed a plethora of 8 purported other misrepresentations, false
promises, and failures to disclose on defendant's part. As 9 the order
dismissing the fraud claim observed, the result was a "hodgepodge that
renders it difficult 10 to differentiate between mere conclusions of
falsity and any factual representations that might be
sufficient to establish that material misrepresentations were
presented, that promises were made
without intent to perform, or that there was a duty to disclose
matters omitted." Order entered For the Northern District of California
August 24, 2010 at 14:12-15.
Furthermore, by the time the prior motion to dismiss was being briefed and decided, plaintiffs had already conducted substantial discovery, which they contended had uncovered additional instances and evidence of misrepresentations. While such material could not properly be considered in support of plaintiffs' argument that the then-existing complaint adequately pleaded fraud, it did serve as an additional reason to require plaintiffs to amend before proceeding with their claim. See id. at 14:17-15:2.
Although the Amended Complaint has incorporated additional material from the discovery proceedings, it is fundamentally narrower than the original, in that entire counts have been 22 eliminated (including some as to which leave to amend was granted), and the fraud claim is more 23 focused. For example, the original complaint included an assertion that defendant misrepresented 24 its existing software when the parties first discussed working together in 2008, and alleged that 25 plaintiffs were induced to enter the relationship with defendant through promissory fraud. By 26 contrast, the fraud claim of the Amended Complaint is based on alleged misrepresentations by defendant concealing its purported plan to abandon plaintiffs and market the joojoo on its own, 2 beginning in the latter half of 2009.*fn1
7 a misrepresentation, such as a false representation or a concealment of fact; (2) knowledge of falsity 8 or concealment; (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) 9 resulting damage." Milne Employees Ass'n v. Sun Carriers, 960 F.2d 1401, 1408 (9th Cir. 1991)
does not challenge the adequacy of the pleading of misrepresentations, knowledge, and intent. The issue is whether plaintiffs have alleged sufficient facts showing they relied on any of the purported misrepresentations.*fn2
The parties are in agreement that under Rule 9(b) of the Federal Rules of Civil Procedure, "a 15 party must state with particularity the circumstances constituting fraud or mistake." Plaintiffs and defendant part company, however, over whether the particularity required by Rule 9(b) applies to pleading the reliance and damages elements of a fraud claim. Defendant cites cases such as Roque 18 v. Suntrust Mortg., Inc., 2010 WL 546896, *5 (N.D. Cal. 2010) and Applied Elastomerics, Inc. v. Z-19 Man Fishing Prods., Inc., 2007 WL 703606, *3 (N.D. Cal. March 5, 2007), which generally assert that all of the elements of a fraud claim must be pleaded with specificity, but which do not consider Statements Before and During the Project." (Emphasis added). This heading appears to be an inadvertent carry-over from the original complaint. The allegations under the heading do not include any matters preceding the inception of the project, or even from its early stages. In contrast, the corresponding section of the original complaint alleges misrepresentations were made before the project and during its first few months.
A. Fraud
Under the California common law applicable here, the elements of a claim for fraud are, "(1) (citing Cicone v. URS Corp., 183 Cal.App.3d 194, 200 (1986)). In this case, defendant's motion For the Northern District of California
or address whether or not there is a basis under Rule 9(b) for distinguishing those elements relating 2 to the "circumstances constituting fraud," from those relating to reliance and damages.*fn3
Plaintiffs, in turn, rely on Asis Internet Serv's v Subscriberbase Inc., 2009 WL 4723338 (N.D. Cal. 2009) and Menjivar v. Trophy Prop. IV DE, LLC, 2006 WL 2884396 (N.D. Cal. 2006) to 5 argue that a party need only satisfy the general requirements of Rule 8, when pleading the reliance 6 and damages elements of a fraud claim. Asis involved a statutory claim that "sounded in fraud," 7 thereby implicating Rule 9(b), but that did not include reliance and damages elements. As such, the 8
Asis court did not have before it the question of whether a common law fraud claim requires those 9 elements to be pleaded with specificity. Nevertheless, there is considerable persuasiveness to the 10 observation in Asis that "pleading reliance and damages with specificity is not likely to be of much use in helping a defendant to prepare an adequate response; rather, it is the specific description of the other aspects of the fraud, 'the who, what, when, where, and how,' that will be most important in allowing a defendant to prepare its answer." 2009 WL 4723338 at * 3.
Menjivar directly supports plaintiffs' position that federal pleading standards do not require "fraud damages be pled with more specificity than required under normal notice pleading." 2006
WL 2884396 at *13. While Menjivar does not expressly discuss reliance, its conclusion is equally
applicable to that element of a fraud claim. Defendant's response to Menjivar is that it should be viewed as outdated, given later cases such as Roque and Applied Elastomerics.
The Ninth Circuit has not addressed this issue directly, but has described Rule 9(b) as requiring a plaintiff to allege the "who, what, where, when, and how" of the charged misconduct.
Vess v. Ciba-Geigy Corp. U.S.A., 317 F.3d 1097, 1106 (9th Cir. 2003). As Vess explained, "the 22 circumstances constituting the alleged fraud must be specific enough to give defendants notice of 23 the particular misconduct so that they can defend against the charge and not just deny that they have 24 done anything wrong." Id.
Even assuming, however, that those elements are part of the "circumstances" of fraud to which the 3 rule refers, the Amended Complaint includes sufficient allegations of fact to show how and why 4 plaintiffs relied on the purported misrepresentations to their detriment. The gravamen of the claim 5 is that plaintiffs continued their efforts to develop and support the Crunchpad project, reasonably 6 believing that defendant was working with them in bringing the device to market, when in fact 7 defendant was already preparing to introduce the joojoo as its own product.*fn4 Defendant points out 8 that as alleged in the Amended Complaint, the purported fraud is limited to a narrow window of 9 time. As a result, plaintiffs may have difficulty establishing there is much they could have done 10 differently had they known of defendant's true plans earlier, or that they incurred any significant
additional costs after the point in time when the alleged misrepresentations began. The actual damages may therefore prove nominal or non-existe state a claim and the motion must be denied.
Finally, defendant asserts that the Amended Complaint does not allege facts showing that it 15 entered into the alleged joint venture with an intent to deceive them. Citing Legal Additions LLC v. Kowalski, 2010 WL 335789 (N.D. Cal. 2010), defendant argues that plaintiffs have thereby failed to state a claim for false promise fraud. Defendant is correct that the Amended Complaint would be 18 insufficient to state such a claim, but unlike the original complaint, it does not purport to do so.
The unfair competition claim brought under California Business and Professions Code §17200 in the original complaint was dismissed on the grounds that the underlying fraud had not Accordingly, Rule 9(b) may not apply to the reliance and damages elements of a fraud claim.
nt. The allegations, though, are sufficient to
B. Unfair Competition
been adequately alleged. In the present motion, defendant's sole challenge to the claim as repleaded 2 is the contention that it again falls with the fraud count. In light of the conclusion above that the
Amended Complaint states a claim for fraud with sufficient particularity, the motion must be denied 4 as to the unfair competition claim as well.*fn5
The motion to dismiss is denied. Defendant shall file an answer within 20 days of the date of this order. The parties shall appear for a Case Management Conference on March 17, 2011, at 9 10:00 a.m., with a joint case management conference statement to be filed one week in advance thereof.
tates D
S ted 16
i Un 17
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GFI MAX EU Customer Conference kicks off at Wembley
The EU Customer Conference got off to a great start today at the Wembley Hilton in London, with an introduction and welcome to the conference from Bob Lawson followed by Alistair Forbes bringing us a look at 'GFI MAX Now'.
Alistair covered everything GFI MAX in his presentation, from what improvements have been made, to new features we can look forward to seeing and and of course how GFI MAX plans to continue to support it's customers.
Here are some of the highlights that are coming from GFI MAX Now.
Alistair pinpointed some key improvements to the GFI MAX product including:
- MailProtection and MailArchive can now be used in conjunction with cloud-based services (e.g. Office 365).
- Seeding for Off-Site Backup.
- Competitive Agent Removal Tool (CART).
Through out the conferences technical sessions we will hear more about some of the great new features coming to GFI MAX, Alistair highlighted the following:
- Mobile Device Management
- Service Desk
- GFI MAX Backup and MOB
To continue to support our customers GFI MAX has a number of resources which Alistair highlighted with a mention of our very own MAX-IQ:
- MSPBusinessManagement - Providing additional resources and advice around practices for MSPs.
- Business Tips - Offering materials such as, case studies, tutorials and videos
- MAX IQ - The new blog from GFI MAX, a resource to help MSPs grow.
Community engagement is important for us too and we will be continuing to build on this with areas such as:
- FixITScripts - A community for sharing scripts.
- LinkedIn Group - An engaged industry group with 3,400+ members exchanging information and reaching out to peers.
In order to bring all these improvements to our customers Alistair shared some of the areas where GFI MAX will be making an investment including:
- Teams, such as R&D and sales engineering.
- A new engagement platform to help build engagement with the MSP community.
- Expansion of our workshops and conferences programs.
To summarize Alistair put it simply, what GFI MAX is doing now is investing! Investing in our product, investing in new features, investing into community engagement & supporting businesses and investing in the people & tools GFI MAX needs to make all this possible.


text:
|Paizo Pathfinder® Paizo Games
|About Paizo Messageboards News Paizo Blog Help/FAQ
Pathfinder Society Scenario #5–20: The Sealed Gate (PFRPG) PDF
Pathfinder Player Companion: Agents of Evil (PFRPG)
Pathfinder Player Companion: Magic Tactics Toolbox (PFRPG)
Pathfinder Player Companion: Divine Anthology (PFRPG)
Pathfinder Player Companion: Haunted Heroes Handbook (PFRPG)
This scenario using the finalized version of the Influence System as presented in Ultimate Intrigue. This system will be familiar to those that have played Blakros Matrimony and Hellknight's Feast.
The bulk of the influence system is based on influence and discovery checks.
Influence checks are how the PCs actually make progress in the scenario. Whenever it's called for, a PC can attempt to sway one of the bidders toward bidding on a specific district. Please indicate which district you are swaying the bidder to take interest in when you make your roll. Multiple skills can be used to influence a bidder but they are unknown starting out. Discovery checks can determine which skills can be used to influence a given NPC and which skills are more or less effective.
Discovery checks are used to glean useful information on an NPC. The types of discovery checks are: Analyze (learn which skills can be used to influence an NPC), Strengths (learn facts that will apply penalties to influencing the NPC), and Weaknesses (learn facts that will apply bonuses to influencing the NPC). The local, nobility, and sense motive are the skills used for discovery checks.
Anyone that succeeded on checks from this post get a +4 bonus on discovery checks for that NPC.
Around mid-morning, the party is summoned. They are escorted from Temel Passad's guest quarters out into the yard on the waterfront of Lake Encarthan. His event prominently displays the beauty of the lake and the bustle of Kerse's navy, as well as his prize gardens featuring rare plants from around the Inner Sea region and beyond. He has treated some portions of the garden with a variety of expensive alchemical mixtures to cause the plants to grow in unusual colors and patterns. As the PCs arrive, servants escort them onto the veranda that overlooks the lake, along with the other guests for the event.
The guests of honor arrive shortly after the party.
Cyran wears simple plain white robes with minor gold embellishments and an expensive headband. Cyran's attire is almost heretically drab in comparison to the normally ostentatious strictures of the Prophecies of Kalistrade. The wizard only cares to impress those with at least a basic aptitude for magic, and spares no expense to cloak himself in a dizzying array of magic auras.
Irith Nomzamo is a tall Garundi woman, bedecked in white robes and a gem-studded cloth of gold mantle. Her robes are augmented with numerous spiked embellishments that make physical contact with the lord-councilor difficult. She speaks in a constant deep timbre, always making eye contact with her prominent jade-colored eyes.
Myrosype is an average sized woman with light brown skin, her ethnicity bearing hints of both Casmar and Vudrani. She's garbed in a white peplos robe secured with a gold Aspis badge and embellished with a golden belt band around her waist. She speaks with a distinct accent — a speech with a measured cadence that one could scrutinize with a metronome and find few flaws. She wears an expensive perfume with hints of burnt incense and balsam.
alchemy or nobility 20:
The perfume she's wearing is Lady's Promise, a scent that is becoming increasingly popular among members of the Chelish nobility.
Vayde is a skeletally gaunt man, whose bones visibly protrude from his ashen, papery skin. He looks comically tiny in impressive regalia of Kalistocratic robes, bedecked with jewels, numerous golden and platinum embellishments, and a gilded drake's body.
The final guest is a quiet dwarf named Hegio, who represents the Resplendent Bureaucracy by keeping track of the bids submitted and announcing the current lead bidders at the end of the event.
As guests are arriving and introductions are being made everyone can make a free discovery check. Again, please note who you're researching and what information you're looking for.
Bulgo Bluefoot wrote:
Temel opens his mouth to answer but he's interrupted by a tap on the shoulder from one of his servants.
"I'm sorry but it seems we've run out of time. We might have a chance to speak again tomorrow before brunch. Good evening."
Everyone can roll the following checks to remember some information that you might have heard about the bidders.
Planes 20:
Cyran Androtus is one of the wealthiest people in the wealthiest nation of the Inner Sea region. His presence at the bidding for Alabastrine's distracts is likely a social formality, as few of his significant contacts reside in the Inner Sea. Cyran's trade partnerships extend to numerous planar enterprises, particularly sites on the plane of Axis. He is allied with a contingent of inevitables known as the Axion Forge.
Nobility 14:
Irith is the current lord-councilor of Alabastrine. She secured the majority of the city during the previous bidding cycle at the expense of her other mercantile endeavors. Time was not kind to Irith, and the fortune of Alabastrine is only now beginning to change, given increased trade with Isger and the ongoing civil problems in nearby Cheliax.
History or Nobility 10:
Myrosype is a member of the unsanctioned Aspis Consortium group known as the Korholm Agenda. As financier for the splinter faction, she possesses incredible wealth within the Consortium, having made numerous successful ventures during her time in Druma. Unlike many of the other attendees, Myrosype is not a member of the Prophets of Kalistrade, though she is willing to work with them for mutual gain.
Nobility or Local 10:
Temel Passad is a merchant and Kalistocrat who has great ambitions. He sees the bidding for Alabastrine's districts as a way to further his clout in Druma, particularly if he can successfully purchase a district for himself.
Nobility 15:
Vayde is the patriarch of the Petronax family, who have maintained a constant supply of laborers and soldiers to the councilors of Alabastrine. Up until now, the Petronax family had no interest in actually bidding on Alabastrine, and the motion by Vayde to participate in the bidding has shocked all other attendees. In particular, Irith Nomzamo is incensed at what she perceives as a betrayal by the man whose workers she's used to maintain the city.
"There are a total of five districts up for purchase in the scheduled bidding for Alabastrine as well as, conveniently, five bidders. Each of the five bidders is required to host a social function as part of the bidding. During these soirees, a member of the Resplendent Bureaucracy takes bids on each district of Alabastrine. At the conclusion of each social function, the Resplendent Bureaucracy representative relays the current lead bidder for each district. At the end of the final function, the winners are announced, and the allocation of Alabastrine is declared complete", Temel explains between sips of a pale herbal tea. "I believes that you can influence the other bidders during these social functions on behalf of your Society. There are two events each day, taking place in the morning and evening respectively. The final hosted event takes place on the morning of the third day of bidding."
Temel unfurls a detailed map and gestures for the party to gather around it.
"The city of Alabastrine was meant to be one of the greater settlements in Druma. Its size alone positioned it to possibly become Druma's second largest city — rivaling the shipyards of Detmer. Located on an island at the mouth of the Profit's Flow, the city would have allowed the proper segregation of a refugee influx, giving adequate time to convert these newcomers to the ways of the Prophecies. Because of this, Alabastrine earned the moniker City of Heathens."
"The city's five districts are:"
"#1 The Courts of Abstinence. A tightly crammed district, filled with tightly built apartments. Where the other districts of Alabastrine are sparse and given to architectural displays of wealth, the Courts of Abstinence are as utilitarian as their name would suggest. The expected refugee population was meant to dwell within the labyrinthine apartment complexes, but none ever filled to their massive capacity. In recent years, the government of Cheliax and several Hellknight orders have requested temporary use of the Courts to improve their urban fighting skills."
"#2 The Luminous Wharf. A constellation of magical lights overhead gave this district its name. The wharf's builders installed the lights atop hundreds of marble towers to assure those seeking refuge from the tumult of the rest of the world that Alabastrine was always open. Now, the lighting serves a new purpose: reminding passing ships of the existence of the city, which they might otherwise condemn to fade into obscurity."
"From what I've heard, none of the bidders have a keen interest in the wharf. You'll have to put in extra effort and specifically champion it among the bidders to see it kept from your enemy's hands."
"#3 Prophet's Burg. This is the center of Alabastrine but it was never completed, leaving an abandoned patch of land in the city's core. That changed when High Prophet Kelldor invested in the city, self-funding an entire city district, which received the unofficial title of Prophet's Burg. The most ostentatious structures in the whole of Alabastrine reside in this district, which is considered to be prime real estate for those seeking to live within the city. The city's ruling council meets in the central structure of the district — an awe-inspiring edifice of glass and gold known as Kelldor's Spire."
"#4 Scriptum. This district houses dozens of titanic libraries, containing innumerable treatises on the history of the Prophecies of Kalistrade. Other libraries detail different religious, but always from a clinical examination devoid of religious fervor. It was here that the architects of Alabastrine intended to indoctrinate the new arrivals, by providing free access to the texts within Scriptum's libraries. Many ideas from this district were later employed in the successful Drumish settlement of Twingate."
"#5 Working End. Much of this section of the city was meant for industrial purposes. Vast empty warehouses and smaller uninhabited structures fill the majority of Working End. This district is commonly thought to be one of the least appealing bid sites, and has most commonly been used in the past as hosting sites for illegal trade or the long-term storage of goods by outside nations. One of this district's attractions is that any goods not specifically removed from the warehouses by the completion of the bidding are forfeit to the new district councilor."
See associated map for visual aid.
"Any questions so far?" Temel asks as he motions for a servant to pour him another glass of tea.
I don't consider this Bernie selling out. It's unfortunate but I think he's just making the best of a terrible situation.
I wish he'd won the democratic nomination. His plans might have all been pipe dreams but he made me believe the system could be repaired. He made me want to vote. If my choices are status quo and slightly worse status quo, I'll just be abstaining from voting altogether.
I'm not sure what you're asking OP. You created a character to break the game and you broke the game. What was the expected result?
As others have suggested, dial down the optimization - like tenfold. The game at that level is already nigh unplayable, overly effective characters certainly don't help.
If playing anything that's less than 100% optimized isn't fun for you, maybe this campaign isn't a good fit for you and you should just take a break. It sounds like these guys are your friends. Souring a friendship over one campaign doesn't seem like a great idea.
Male Suel Sacred Fist/Godling 12 | 121/121 hp, Init +0, AC 27 [touch 23, FF 20], Fort +14, Ref +6, Will +15; Perception +7
1st: Divine Favor x2, Remove Fear, Conviction, Resurgence 2nd:
Blessing 6/8 | Fervor 4/8 | Smites 6/6 | Rage 11/12 | Ki 8/8 | Action Points 7/11
It could have been a boat!
When Wayne moves the stone, a hidden needle pricks him!
Vs Flatfooted: 1d20 + 10 ⇒ (16) + 10 = 26
And make a DC 18 fortitude save or take 1d2 ⇒ 2 dex damage.
Behind the stone, he finds a cache containing a second hematite ioun stone as well as a broad, wax-sealed scroll case that contains dozens of pages detailing Aspis activities in Bloodcove, qualitative data about the upcoming expedition, and even dossiers on several of the agents involved. Some entries stand out from the others, including Pahwoki the Blade, a murderous Bekyar who wears a necklace of ears and is believed able to make the trees walk; Lilianna Alazzario, an agent relocated to Bloodcove after she burned down an Isgeri village just to collect a small debt; Yola Hask, a one-handed smuggler banished from Rahadoum for "crimes against the state"; Micky Threetoes, an Andoren exile with a history of aiding slave traders; Zamil Namoth, an Ustalav aristocrat known both for his charm and his claiming trophies from his macabre hunts; and "Fiveknives" Kalim, a seasoned explorer of the Mwangi Expanse infamous for his callous treatment of the native people. Malika also suspects that the mission's primary purpose is looting, and she reports that the Consortium is particularly interested in a giant golden statue of some type. Finally, her report suggests the Consortium knows about Venture-Captain Nieford Sharrowsmith's expedition to the Bandu Hills, though it seems the Aspis are merely planning to attack him but have not actually done so yet.
Karu, Atum, and Kynrac can ignore the damage from that second swarm. I found the text I was looking for.
This spell summons four massive swarms of biting and stinging insects. These swarms appear adjacent to one another, but can be directed to move independently. Treat these swarms as centipede swarms with the following adjustments. The swarms have 60 hit points each and deal 4d6 points of damage with their swarm attack. The save to resist their poison and distraction effects is equal to the save DC of this spell. Creatures caught in multiple swarms only take damage and make saves once.
The more you know!
Posting this here as well.
Venture-Captain Gallard Stormeye, a tall powerfully built Ulfen man with a wild look in his eye and clad in worn red dragon-plate armor, enters the lodge bearing a clipboard in his weathered hands.
"It's going to be a damn long week alright", he grumbles as he looks over the document. "I'm lookin' for available pathfinder agents. Lots of 'em!"
So begins my push to five stars! If you're looking for a game (and can follow my simple rules) sign up here.
Male Ulfen Bearbarian 15
Venture-Captain Gallard Stormeye, a tall powerfully built Ulfen man with a wild look in his eye and clad in worn red dragon-plate armor, enters the lodge bearing a clipboard in his weathered hands.
"It's going to be a damn long week alright", he grumbles as he looks over the document. "I'm lookin' for available pathfinder agents. Lots of 'em!"
So begins my push to five stars! If you're looking for a game (and can follow my simple rules) sign up here.
I saw it last night. I enjoyed it enough but there was definitely parts that felt slow and other parts that felt wholly unnecessary in what was already a very busy movie.
thing that bugged me the most at the end:
I understand Magneto switching sides turned the tide and allowed the heroes to save the world but he was still responsible for casualties (I'm guessing in the millions?). Is there really no accountability for that?
Male Half-Minotaur Bardbarian 9 l HP: 101/111 (119/129 raging) l Init: +0 l AC: 26* (24* raging) [T: 12; FF: 20; CMD: 27*] l Fort: +14, Ref: +4, W: +9* (18/7/13 with buffs) l Per: +0
Rage 10/10 | Inspire 5/10 | Bloodline 1/4 | 1st Level Spells 4/5 | 2nd level Spells 0/3 | 3rd level Spells 0/1
The lack of an environment or even reality does not keep Bjorkus from looking for whores.
With her encyclopedic knowledge, Melina recognizes that this beast is indeed laying her eggs. No amount of tasty bribes are likely to calm her down. Wild empathy would do the trick.
If the party is looking to give the turtle a wide berth, they could scale the nearby rocks but it'd be a bit of a scramble.
You are encountering the inevitable result of most optimization arms races. At this point there's no solution that isn't going to result in frustrated players and frustrated DM or hurt feelings.
If you ignore the characters with high AC in favor of attacking the moderate-low AC characters, the moderate-low AC characters are going to feel like you're picking on them.
If you rebuild your encounters to counter the high AC characters by using incorporeal creatures, gunslingers, etc, the high AC characters are going to be frustrated because you invalidated their optimization.
If you rebuild your encounters to feature creatures with super attack attack bonuses, the high AC characters are going to be frustrated because you're negating their optimization and the moderate-low AC characters are going to be frustrated because everything suddenly hits them on 2s. (In my experience this is the worst option.)
From my experience, the best solution is to work with the high AC characters to bring them down to reasonable levels. Anything else is going to result in someone being really unhappy.
F Human Iconic Cleric 4 | HP 35/35 | AC 17 (FF 17 Touch 10) CMD 15 | Init +0 | Fort +6 Reflex +3 Will +9 | Per +4, SenMot +4 | Spd 30'
GM-JZ wrote:
Uh... Markus Varic. he says by way of introduction. I do some work with Jorfa at the forge.
"Thank you kindly Markus Varic", Raj says with a slight bow as he starts on his next drink only to be dragged to his feet by Hazel.
"Calm down", he laughs at the young woman's enthusiasm. "You don't have to beg a Varisian to dance. We love to dance. Even when we're not very good at it", he explains as he begins to move to the jaunty tune.
Ushaka's hard work continues to go unnoticed.
Horemheb scowls. "Fine. You're swabbing the deck morning, noon, and night until I say otherwise. The rest of you had better not think you'll get off so easy if I catch anyone else sleeping while they're on duty."
The Master-At-Arms gives Friendly Fahd a dirty look and storms off.
The DCs to influence the rest of the crew is now lower. It's higher for Horemheb.
"Oh, you don't say?" Iulia says in feigned interest. "I'm sure Captain Lanteri is grateful for your discretion."
Balooo learned a bit about what impresses her above.
I loved it and was really impressed with how well they managed to give everyone screen time.
Minor Gripes:
I would have liked Scott's explanation for joining the team. I was shocked when he casually agreed to participating in something that would make him a fugitive again.
Ironman flipping out at the end seemed a bit forced. Ironman's known for being narcissistic and an egomaniac but he's also usually pragmatic and logical. He knows Bucky was programmed for the hit.
In the designer's words, demoralize is the martial equivalent to tying up a caster for psychic characters. Getting free still and silent on all your spellcasting has to come with some downsides.
If a wizard is grappled by a barbarian he's most likely screwed.
If a psychic is flexed at by a barbarian he's most likely screwed.
Lilywhite's pretty small so shopping opportunities are limited but the Society could arrange for a covert supply drop... (Yes, you can shop.)
A moment later Horemheb storm into the cabin with a saber clutched tightly in his hand. He takes in the scene slowly, his gaze finally settling on the slain tengu.
"I knew that sod Hyrix would strike again. By Besmara's t##+, I warned the captain she should have keelhauled him the first time he tried to take the Magpie Princess. You did well. I think the whole crew will sleep better knowing the bird's dead." He pauses to consider the mess up above. "Should I assume he was responsible for the fire on the deck too? He always was showing off those magic tricks of his."


text: Hi guys, I introduce myself to this community. I'm on simracing since Geoff Crammond great GP series. I raced mostly offline on GTR2 and rFactor, and now I play Assetto Corsa. Had raced online on iRacing for little time, but don't have the needed time to spend properly on it, so when I have some spare time I plug my G27 wheel and do some laps or some race against AI. Thanks to Race Department and its great community for this space. PS: I'm sorry if my english is not good enough, it's not my native language.


text:
Because of Anyaby Margaret Peterson Haddix
So why is Anya wearing one? That's what Keely's friend Stef wants to know. She even wants Keely to tug on it, just to see if it's real. Keely wants to know too -- but when Anya's wig falls off in front of the whole class, Keely discovers that what she really wants is to help Anya feel better. As for Anya, she just wants
Ten-year-old girls don't wear wigs.
So why is Anya wearing one? That's what Keely's friend Stef wants to know. She even wants Keely to tug on it, just to see if it's real. Keely wants to know too -- but when Anya's wig falls off in front of the whole class, Keely discovers that what she really wants is to help Anya feel better. As for Anya, she just wants her hair to grow back, but no one, not even the doctors, knows whether it ever will. How can she come to terms with her disease when she can't even look in the mirror?
In this heart-tugging story of friendship, renowned author Margaret Peterson Haddix introduces readers to a young girl with alopecia areata, a life-altering disease that affects millions of people in the United States alone.
Editorial Reviews
"The author's sympathetic but not simplistic insight will engage readers."
"Haddix's story is straightforward and compassionate without being preachy or maudlin."
Product Details
- 9780689832987
- Publisher:
- Simon & Schuster Books For Young Readers
- Publication date:
- 11/28/2002
- Edition description:
- Repackage
- Pages:
- 128
- Sales rank:
- 1,338,115
- Product dimensions:
- 5.50(w) x 8.25(h) x 0.60(d)
- Lexile:
- 710L (what's this?)
- Age Range:
- 8 - 12 Years
Read an Excerpt
Chapter Two
"You were practically waving the note at Mrs. Hobson!" Nicole said as they headed out for recess. "No wonder you got caught!"
"No, I wasn't!" Keely protested. "It was on my lap!"
But had she lifted it up, trying to figure out what Stef was trying to tell her? Tears stung in her eyes, and she angrily blinked them away. She had to be ready. Stef was bound to lecture her again.
But Stef turned around and told Nicole, "Shh. Don't talk about it now. Not until we're..." She tilted her head in a signal they all understood. They were going out to the tree to talk.
The tree was their spot. It was at the very edge of the playground, past the swings, past the jungle gym, past the baby slides the kindergartners used. It was so far out that sometimes at the beginning of the year the teacher with playground duty had yelled at them, "Hey, where are the four of you going?"
Stef had always gone back to explain. Stef knew how to talk to teachers.
Now they could walk out to the tree and nobody said anything. And nobody followed.
The ground was frozen beneath Keely's feet, but the sun was out and the air was warm. It didn't feel like January. Keely didn't even need her mittens. If Keely hadn't been so stupid as to get caught with that note, she could be enjoying the winter sunshine right now, enjoying being back with her friends, enjoying recess.
They reached the tree. Keely leaned against the bark, letting the tree hold her up.
"Listen," Stef said, lowering her voice even though they were a long, long way from any of the other kids. "Forget about Keely's mistake. Do any of you know why Anya's wearing a wig?"
Keely breathed out a silent sigh of relief. She waited for Nicole or Tory to answer. That was how their friendship went. Stef was in charge. She was the one who had decided when they had all gotten too old for dolls. She was the one who had decided soccer wasn't really very much fun after all. She was the one who had decided glitter gel was stupid. She was the one who usually decided what they were going to play every day at recess.
Nicole and Tory were next in line. Sometimes Nicole or Tory could even tell Stef what to do. Just not very often.
And then there was Keely. Sometimes she felt like she was just hanging on by her fingertips. Sometimes it seemed like she was just one mistake away from not having any friends. That's why she tried to keep her mouth shut, whenever possible.
She didn't want to be like Anya. Did Anya ever have anyone to play with?
Nicole shook her blond hair so it bounced against her shoulders. "Maybe Anya thinks she's going to start a new fashion or something," she giggled.
Tory ran her hand through her dark hair. "Well, it's not going to catch on. I'd hate wearing a wig," she said.
Keely noticed that no one waited for her to answer.
"No, no, guys, think," Stef said impatiently. "What if she has to wear a wig? Because her own hair is falling out?"
"Eeww," Nicole said, turning up her nose.
"No, listen. What if she has cancer? And her hair's falling out because she has to have chemotherapy?"
Nobody said anything. The tree's empty branches rattled overhead.
Cancer? Keely thought. Cancer? She felt like her heart skipped a beat.
"But Anya's just a kid. Like us," Tory said.
"Yeah," Stef whispered. "And she might be dying."
Keely had a sudden memory of kindergarten. The first day, Anya had held the door of the classroom open for Keely to go in in front of her. Keely could remember what Anya had been wearing that day: a frilly pink dress. And Anya's mom or somebody had curled Anya's hair and pulled it back in a big pink bow. Keely had watched those bobbing curls and felt her own fear fade away. Someone was being nice to her already. Maybe school wouldn't be so bad after all.
And now Anya, the first person to be nice to Keely at school, was going to die?
"Somebody would have told us," Nicole said. "Mrs. Hobson or...or Mrs. Wiley."
Mrs. Wiley was the guidance counselor. She came into their classroom every month or so and talked about feelings and friendship and having good self-esteem. Stef, Nicole, and Tory always laughed at Mrs. Wiley, but Keely wanted every word she spoke to be true.
"Maybe Anya didn't want anyone to know," Stef said. "Maybe she's being brave and strong, and doesn't want anyone to feel sorry for her. We ought to do something to help her."
Stef got like this sometimes. Just when Keely had decided Stef was the meanest person she knew, Stef would turn everything around and act like the kindest person ever. Keely could tell that Nicole was feeling bad now for making a face and saying "Eeww" about Anya's hair maybe falling out. Keely herself felt bad for thinking Stef had passed her the note about Anya's wig so Keely would laugh at her.
"What do you think we should do?" Keely asked in a small voice.
"I don't know..." Stef let her voice trail off. She stared off into the distance, watching the other kids on the playground. "There's got to be something we can do to cheer up Anya."
"My mom read this thing in the newspaper," Tory said. "There was this high school football player, see? And he got cancer and had to have whatever that stuff's called "
"Chemotherapy," Stef said.
"Yeah, that. Anyway, he lost all his hair. And to show how much they cared about him, all the other boys on the football team shaved their heads too. So he wouldn't stand out, because they were all bald."
For one horrible second Keely thought Stef was going to say that was what they'd have to do for Anya. No matter how bad she felt for Anya, Keely didn't want to be bald.
Then she saw Stef's hand fly up to her hair, and Keely knew: Stef would never say they should shave their heads.
Keely had never thought about it much before, but all her friends had really great hair. Tory's was dark and sleek and shiny it reminded Keely of the seals she'd seen at the zoo, flashing through the water. Nicole's was long and blond, and didn't everyone always want to be blond?
But Stef's was the most impressive of all. It was red and wavy, and stood out like a great cloud around her head. People always noticed Stef, because they noticed her hair.
"Anya would probably just think we were making fun of her if we cut off all our hair," Stef said, like that was the only reason she didn't want to shave her head. "Besides, we don't know that she's bald, just that she's wearing a wig. No, we'll just have to go out of our way to be nice to her. That's what we'll do."
As if Stef had planned it, the recess bell rang just then. All four girls took off running, back to the school. Keely felt her long hair thumping against her shoulders as she ran.
I'm glad I have hair, she thought. I'm glad I don't have to wear a wig.
I'm glad I don't have cancer.
Copyright © 2002 by Margaret Peterson Haddix
Meet the Author
Margaret Peterson Haddix is the author of many critically and popularly acclaimed YA and middle grade novels, including The Missing series and the Shadow Children series. A graduate of Miami University (of Ohio), she worked for several years as a reporter for The Indianapolis News. She also taught at the Danville (Illinois) Area Community College. She lives with her family in Columbus, Ohio. Visit her at HaddixBooks.com.
Customer Reviews
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Because of Anya By: Margaret Peterson Haddix Review by: Haley Mitchell Have you ever been diagnosed with a horrible disease that takes away one of your best features? That is what happened to Anya in the heartwarming story, Because of Anya by Margaret Peterson Haddix. Anya learns to cope with the fact that her hair may never grow back. This story of friendship, communication, and illness, shows what it is like to live with a disease, and a clique. Keely is a very interesting, and important person in the book. She is forced to tug on Anya ¿s ¿wig,¿ or at least that is what the leader of the clique, Stef says. Keely is a smart enough person to know that this is wrong. I found it interesting to read about her, and her thoughts. The clique consists of three mean girls. Keely, Stef and one other girl, with whom they don¿t talk about much in Because of Anya. Stef, is the leader, who everyone follows. In my mind, I don¿t understand why everyone in the book ( except for Anya, of course) looks up to Stef. They think that she is cool, and I don¿t see why! Keely turns out to be a follower who is trying to figure out her true friends are. While reading this book, I pondered what alopecia areata was. Luckily, the book answered that for me! I like that it was the doctor who explained what this ¿rare, but not serious¿ disease was. It made it seem as if you were talking to the doctor, and he was telling you. I also learned that there is different types of alopecia areata. They are: Alopecia areata totalis- which means you have no hair on your head, alopecia areata universalis- which is losing all the hair on your body, and alopecia areata barbae- were you have no beard.. I felt bad that Anya felt like having this disease was the end of the world. She would spend nights crying, and complaining. Margaret Peterson Haddix definitely gave me an idea of how miserable Anya was. I liked that it gave such a clear view. This book was enjoyable to read, because of the views that the author gave. The setting was portrayed very clearly. Same with the weather when they are outside. Although those are strong, one of the most important portrayed item is showing the peoples moods. In this book, you can always tell how the people are feeling. That always makes a page turner! There is a problem in this story, especially when Anya¿s wig mysteriously falls off. Had someone pulled it? Or did it just fall off? I found myself wondering the same thing. Keely thinks that it was Stef, Stef doesn¿t know what happened, And Anya doesn¿t care- she is too busy getting out of the school gym. I can¿t say much more without giving much away, so I suppose I¿ll conclude. Keely learns to find friends, and gain trust, while Anya deals with a heartbreaking disease. To find out how Because of Anya ends, you¿ll have to read this wonderful story by Margaret Peterson Haddix. Read on!!
I knew a girl and she had cancer. However she was a beautiful young girl and was so sweet and cared about everybody. When she got dingnosed it was tough handling the news. She went through a number of rounds of kemo- theropy and lost most of her hair. But she stood strong and fought aginst the tumor. We visited her in the hospital often. And every time we walked into her room she always smiled the brightest smile. Months later we got a phone call from the nurse at her hostpital and she said "we came into shelby's room to check on her and there was no heartbeat." We knew she had died. I sat in my room and cried. This was such a sad and depressing time for me. Exactly one year after she had passed away, me and my family went on a walk. The weird thing was there were tons of butterflies everywhere. But everyone had called her butterfly. So i can relate to this book very well. You might be able to as well. Even if you cant it is still the most touching book ever!!!!!
I have to say,because of Anya is one of the best reads I ever read. This story is about a little girl named Anya,who has a very BIG problem. She has a mystery medical condition that causes her to lose all of her hair,and a few people want to find out...Always trying to pull off her wig in front of the whole class,but in the end they become friends with her.I do think that the author could use more craft than she did,and she should of made it a little longer.I would of enjoyed that.I think people of all ages would like this book,because it is easy to under stand and has a lovely plot to it.I hope other people enjoy this book as well,and if you haven't read it...your really missing out.And if you haven't read any of the Haddix books,go get one,it will be good for you. :)
This book is very touching. I read it about 3 years ago and it has still stuck with me. Jessica the bug freak
I definatley loved reading it
The book Because of Anya is a outstanding book because it teaches us kids to respect others and if others have dieses to help and not to make fun of!!!!!!!
This book will get you hooked to the end
This Book is awesome! I could not put it down! I finished it in 2 and a half days! I kept reading and reading! When my dad came to pick me up from cheerleading, I sat in the car reading. My dad had to stop somewhere. I brought the book in and read. When I got home, I ran inside and sat down in the nearest spot and read. It was that good. I wish there was a sequel. This is the second book I have read by Margaret Peterson Haddix. They both were books that I could not put down.I love this book! This book is mostly about a girl who randomly loses her hair. First, she parts her hair weirdly, but then it gets worse. She goes to the doctor and finds out that she doesn't have cancer! She was so happy! She also wondered what she had. So did her mom. Her mom starts to cry. She has...
It was one of the most saddest books I have ever read! I loved it.
Because of Anya was an amazing book, and I loved it. It had lots of action, and was very dramatic. In the fifth chapter, Anya started to lose patches of her hair, and later on she goes bald. When Anya lost all of her hair, she thought her life would never get better, and most of all she didn¿t think her friends could help her get better. At one point, Anya¿s wig falls off in P.E. class. She gets really embarrassed. In this book, Keely, Anya¿s friend, helps her class research Alopecia areata, which is the disease Anya has. Normally you wouldn¿t think one person could affect a whole school, but in this book Anya does. Teachers work together to gather homework for Anya. And as the rumors that Anya had cancer and that she wasn¿t a normal kid spread, the more she didn¿t want to go back to school. This book had the best ending I have ever read. Since I don¿t want to give the ending away, I¿ll just say that Keely keeps visiting Anya, which makes her feel a lot better. Keely told Anya that she was beautiful with or without her wig. In conclusion, I¿d like to say that this was one of my all time favorite books and I¿d recommend it to anybody! I give it five out of five stars! By Shelby Age 12
This book is about a young girl whose name is Anya. She has a disease called alcopieta acreata. Which is a disease that makes every hair in your body disapear. She has to wear a wig in hopes nobody finds out. If they know, all is lost.
I loved this story I could not put it downI donated 10 inches of my hair to locks of love
Its so sad! I wish i could donate my hair to locks of love
I loved the characters in the story! It was a great book, one of the best I have read this year. It is pretty short, and it only took me two days to read, but I had heard great things about it and decided to read it. It is about a girl named Anya. All her hair has fallen out, and she has to wear a wig. But another character named Stef, notices that Anya is wearing a wig. She wants Keely to go pull on her wig to see if it is real. But soon, in gym class, Anya's wig falls off. Keely wants to make Anya feel better, but she doesn't know how, because she thinks Anya has cancer. Anya does not have cancer, and she is not dying, but she feels terrible. Plus, Keely and her friends don't know the truth. Keely has to find out how to stand up to her friends, and make Anya happy. This is a great story, and you should read it!
This book was amazing in every way. You could really relate to it and is a quick, excellent good read. The story of it is very clever. I don't read fast, but I could just NOT put it down. My friends thought I was crazy for not stopping! The characters are your normal, every day people, but with different attidudes. Haddix uses lots of descriptive details to make you visualize the main character, Anya, and the other characters. If you like short chapters, you will like this. I like short ones, so that's probably also why I liked it so much. I love this so much and was spectacular! :]
This is very emotional it gets you motivated to keep on reading I highly reccomend it
wow this book was better than i thought it would be and i thought it was gonna be pretty good to(of course it was because margaret peterson haddix is my favorite author)^_^ i defenatly recomend this book to you
This book is great. It has anything you want in a book. It is funny,sad,happy, and has suprises. You could read it to your kids and I ber you they would love it. I recommand this book and rate it at a 5.
Hi my name is chloe isabella- grace mullis. I am 15 & from new york. I my self have cancer i would rather not put what kind on this but im at stage for and my self hav no hair lik anya. Once i found out i had cancer i didnt go to school for a long long time almost 2 months. I was embarrased. Byt this book has inspired me an i went to school after i read this and it got better. People with cancer shouldnt be ashamed. But even if you are going to die its okay because you know you will be in a much metter place. My doctor told me that i only had 2 months to live but i think im doing pretty good with cancer. Im going to beat this. If i had hair i woul totally donate it!!!!!!!!!!!!! Have a great day!! Remember some ine thought of you today!!!!!
Nods. "Nice to meet you too."
Walked in. "Hey giiiirrrrl! F.u.c.k. me!"
"I'm Leona. Nice ta meet you!!"
This book is so sad. I'm actually growing out my hair for locks of love. This book changed my whole opinion when girl's don't get what they want. They want that. Anya is diagnosed with this terrifying disease that she doesn't want or have a choice to get.
Anya is such a brave character and i dont know if i could even begin to deal with her sitiuation the way she does, and the way that keely and the other kids deal with a classmate wearing a wig is very different but by the end of book they all feel so bad for her! But it also amazes me after all Steph has bossed her around,how keeley is able to resist and forgive steph This is a must read and i would reccomend it for grades 4 mabey even 3 up! #luv it <3