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devry Laws310 week 1 case
Question;CASE 1In this case, defendant Johnson was found guilty in a Texas trial court for violating a state law making it a crime to burn the American flag. He did this at the Republican National Convention held in Texas. Johnson appealed and eventually the U.S. Supreme Court granted certiorari. When the court grants certiorari, it is agreeing to hear the case. The question was whether burning the flag was protected under the First Amendment right to free speech. The Supreme Court held that it was. The following is an excerpt from the Supreme Court decision.20 21OpinionAfter publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his conviction is consistent with the First Amendment. We hold that it is not.While the Republican National Convention was taking place in Dallas in 1984, respondent Johnson participated in a political demonstration dubbed the ?Republican War Chest Tour.? As explained in literature distributed by the demonstrators and in speeches made by them, the purpose of this event was to protest the policies of the Reagan administration and of certain Dallas-based corporations. The demonstrators marched through the Dallas streets, chanting political slogans and stopping at several corporate locations to stage ?die-ins? intended to dramatize the consequences of nuclear war. On several occasions they spray-painted the walls of buildings and overturned potted plants, but Johnson himself took no part in such activities. He did, however, accept an American flag handed to him by a fellow protestor who had taken it from a flagpole outside one of the targeted buildings.Of the approximately 100 demonstrators, Johnson alone was charged with a crime. The only criminal offense with which he was charged was the desecration of a venerated object in violation of Tex. Penal Code Ann. ? 42.09(a)(3) (1959). After trial, he was convicted, sentenced to one year in prison, and fined $2,000. The Court of Appeals for the Fifth District of Texas at Dallas affirmed Johnson?s conviction, 706 S.W.2d 120 (1986), but the Texas Court of Criminal Appeals reversed, 755 S.W.2d 92 (1988), holding that the State could not, consistent with the First Amendment, punish Johnson for burning the flag in these circumstances.Johnson was convicted of flag desecration for burning the flag rather than for uttering insulting words. This fact somewhat complicates our consideration of his conviction under the First Amendment. We must first determine whether Johnson?s burning of the flag constituted expressive conduct, permitting him to invoke the First Amendment in challenging his conviction....The First Amendment literally forbids the abridgment only of ?speech,? but we have long recognized that its protection does not end at the spoken or written word. While we have rejected the ?view that an apparently limitless variety of conduct can be labeled ?speech? whenever the person engaging in the conduct intends thereby to express an idea,? United States v. O?Brien, 391 U.S. 367 (1968) at 376, we have acknowledged that conduct may be ?sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments,? Spence v. Washington, 418 U.S. 405, 409 (1974).The State of Texas conceded for the purposes of its oral argument in this case that Johnson?s conduct was expressive conduct and this concession seems to us as prudent. Johnson burned an American flag as part?indeed, as the culmination?of a political demonstration that coincided with the convening of the Republican Party and its renomination of Ronald Reagan for President. The expressive, overtly political nature of this conduct was both intentional and overwhelmingly apparent. At his trial, Johnson explained his reasons for burning the flag as follows: ?The American flag was burned as Ronald Reagan was being renominated as President. And a more powerful statement of symbolic speech, whether you agree with it or not, couldn?t have been made at that time.? In these circumstances, Johnson?s burning of the flag was conduct sufficiently imbued with elements of communication to implicate the First Amendment.If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.In short, nothing in our precedents suggests that a State may foster its own view of the flag by prohibiting expressive conduct relating to it.Johnson was convicted for engaging in expressive conduct. The State?s interest in preventing breaches of the peace does not support his conviction because Johnson?s conduct did not threaten to disturb the peace. Nor does the State?s interest in preserving the flag as a symbol of nationhood and national unity justify his criminal conviction for engaging in political expression. The judgment of the Texas Court of Criminal Appeals is therefore affirmed.question1. What gave the U.S. Supreme Court, a federal court, the right to review a Texas state law?2. Suppose that Johnson had burned a Texas state flag instead of the U.S. flag.a. Would the U.S. Supreme Court have jurisdiction to hear the case?b. If the Supreme Court did hear the case, do you think the decision would have been any different from this case?case 2Brown v. Board of Education, 347 U.S. 483 (1954)MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called ?separate but equal? doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.The plaintiffs contend that segregated public schools are not ?equal? and cannot be made ?equal,? and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among ?all persons born or naturalized in the United States.? Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.An additional reason for the inconclusive nature of the Amendment?s history, with respect to segregated schools, is the status of public education at that time. In the South, the movement toward free common schools, supported by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary, ungraded schools were common in rural areas, the school term was but three months a year in many states, and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.124 125In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race. The doctrine of ?separate but equal? did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson involving not education but transportation. American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the ?separate but equal? doctrine in the field of public education. In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275 U.S. 78, the validity of the doctrine itself was not challenged. In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337, Sipuel v. Oklahoma, 332 U.S. 631, Sweatt v. Painter, 339 U.S. 629, McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other ?tangible? factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other ?tangible? factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.In Sweatt v. Painter in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on ?those qualities which are incapable of objective measurement but which make for greatness in a law school.? In McLaurin v. Oklahoma State Regents the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ?... his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession.? Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:?Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racially integrated school system.?Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this 125126finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.We conclude that in the field of public education the doctrine of ?separate but equal? has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.It is so ordered.question1. What is the doctrine of separate but equal?2. What did the Court say about that doctrine in this case?3. How much importance did this Court give to the actual intent of the drafters of the Fourteenth Amendment?case 3The Thornton County School District recently adopted a uniform dress policy for all students. Students must wear only those items of clothing approved by the school. Students are prohibited from wearing hats or other head apparel on school premises. No exceptions are allowed. One month prior to graduation, several high school seniors challenged the policy by attending school out of uniform. The school principal expelled them all from school immediately and told them that they could not graduate with their class. They were not given a hearing prior to or subsequent to the principal?s action. The parents of several students wish to challenge both the school dress policy and the expulsion of their children. Some parents claim that the prohibition on head coverings interferes with their religious beliefs. Others simply claim that their children?s choice of dress is part of their right to express themselves. All of the parents believe their children should have the right to a hearing.question1. Refer to the case file at the beginning of the chapter. If you represented the students, what arguments would you make that your constitutional rights are being violated? If you represented the school, what arguments would you make that the rules and procedures are constitutional?
Paper#59128 | Written in 18-Jul-2015Price : $25


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Calgary, Alberta
- 2 卧室
- 2 浴室
The luxury and prestige associated with this elegant home is made even more desirable by its location within Eau Claire, overlooking the river and Prince's Island Park. As you enter the impressive building you will pass by the 24 hour concierge service and enter into your very own personal paradise. The home boasts a grand Dining room in which to host dinner parties and the kitchen, complete with granite counter tops and filled with natural light, is the ideal environment in which to prepare meals. Keep warm and comfortable by the fire in your spacious living room. The Master bedroom comes complete with an exquisite 5-piece en-suite. Let your imagination flow with the additional room which could be a guest room or a study. The real power and draw of this home is the location, near parks, markets, shopping and so much more. A distinguished home such as this one are not always so readily available so please call to book a showing with us today.
- 1,502 f2 / 139.54 m2 - 生活空间
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Air Conditioning-Central,Patio,Sprinkler System-Fire

subset: commoncrawl


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Welcome- Rotary Tasmania, District 9830, with 47 Clubs and 1450 members, encompasses all of Tasmania, the smallest and most southern of the states of Australia. Three Rotaract Clubs provide for those in the 18 -30 age group.
Here you will find details of where Rotary Clubs meet and how to contact our Clubs. Our website illustrates humanitarian and community projects carried out through Rotary Tasmania. Our District Governor is Gerard Blizzard.
Highlights from Rotary Tasmania
You can view our weekly message stick here
PDE Team to India 2017
The Professional Development Exchange (PDE) team to visit District 3201 in India next year has been announced.
This is a unique professional and cultural exchange opportunity for business people and professionals between the ages of 25 and 40 who are in the early stages of their careers. More details here…
New Zealand Earthquake Appeal
As you are aware there has been a destructive Earthquake in New Zealand and RAWCS (Rotary Australia World Community Service) have opened a fundraising appeal through its disaster fund and we have partnered with RNZWCS (Rotary New Zealand World Community Service) to help those in need.
Donations can be sent through the following link https://disasters.rawcs.com.au
In reality this is a very localised event with small numbers affected notwithstanding the massive damage to road and rail over a long stretch of highway where there are few homes.
There will be opportunities down the track for Rotary to support maybe schools, sports clubs etc. and perhaps support for people suffering trauma.
The suggestion is to hold fire to a degree in that immediate circumstances are covered and Rotary will do what it does best and look at required long term projects down the track a little.
Partnership with White Ribbon Australia
We proudly launched the Community Partnership between Rotary Tasmania and White Ribbon Australia on 7 October, the first such partnership in Australia – Minister Jacquie Petrusma witnessed the signing of the MOU, signed by District Governor Gerard Blizzard and Delia Donovan from White Ribbon.
2016 Council of Legislation.
Details of how you can update your Club bylaws and constitution is now available here.
Spending time abroad as a Rotary Exchange Student is a great opportunity for students to experience a new culture, a new language, to be an ambassador for Rotary and Tasmania and to build lifelong friendships.
Attention all single or married couples:
- Have your children flown the coop and do you miss them ?
- Would you like to relive your youth ?
- Would you like to learn a great deal about yourself ?
- Do you live in a secure, safe and caring environment ?
- Do you have a spare bedroom for 3 months during 2017 ?
"An exchange is when a stranger becomes family, foreigners become friends, a second language becomes like your first, and a year suddenly becomes a day"
The YEP program is an International exchange for young people between the ages of 15 – 18. The exchange is for a 12 month period during which time the student is hosted by 3-4 families.
Contact PDG Ian Shuey – Rotary Youth Exchange Chairman, Ph 0409 979 947, Email: email@example.com
National information www.ryea.org.au
Ian Shuey at email@example.com Tel. 0409 979 947
Read a report from our Taiwan Mandarin Scholarship Exchange Student (April 2016)
Club and District Activities – next three events are listed
– Full details and further Club Events listed here
This is Rotary…
What would it take to change the world?
What would it take to change the world? We're working on it. Rotary International is the world's first service club organization, with more than 1.2 million members in 33,000 clubs worldwide. Rotary Tasmania has 47 Rotary Clubs.
Three Rotaract Clubs provide for those in the 18 -30 age group.
Some Rotary Clubs, such as Hobart City Central and Tamar Sunrise cater specifically for younger professionals.
Why join Rotary? Some reasons are here.. Interested???? — ,
You can get involved with Rotary Tasmania, District 9830.
Make an online membership enquiry.. Find a Tasmanian Rotary Club near you
Rotary Tasmania Clubs support a wide variety of activities…To highlight some of them …
Gamma Probe for North-West Hospitals
Rotary has strengthened cancer diagnostic services on the North-West Coast of Tasmania by donating a gamma probe which will enable cancer specialists to determine if a cancer has spread to the draining lymph node.
This can enable patients to survive longer.
Gamma probes don't come cheaply, at around $58,000. RC Devonport North kicked off the fundraising and they were supported by RC's Smithton, Somerset, Ulverstone, Devonport and Devonport South East.
To cover the gap in funding to secure the gamma probe, an application was made to The Rotary Foundation for a Global Grant. Most successful Global Grant applications by Australian Rotary clubs have been for overseas projects, so this one is different in benefitting Australians.
Rotary District 9980 in the South Island of New Zealand were large financial contributors to the grant.
Projects in Nepal
Rotary Tasmania, District 9830, recently signed a District Relationship Agreement between our District and District 3292 in Nepal. A closer relationship has resulted and a number of joint projects between our two Districts are being undertaken. A group of Tasmanian Rotarians are visiting Nepal in February 2016.
'Gift of Sight' Eye Project, Nepal
"They came most partially blind, some totally blind; but with hardly an exception they departed with vision restored."
This project is conducted by the Rotary Club of Hetauda in November and February and Rotary Tasmania has welcomed the opportunity to provide funding. Those Rotarians able to attend a camp will not forget the look of amazement and joy on the face of a blind person able to see again.
Hetauda Support Project, Hetauda, Nepal
A project to provide fresh drinking water to a secondary school, construct a toilet block for a technical training centre and other community projects to improve health and education of the community of Hetauda, Nepal.
Donate to this project via Rotary Australia World Community Service (RAWCS) secure site
More details of our Nepal Projects here
Street Swags
A bag with room for extra belongings, the street swag is designed for those living on the streets.
It is estimated that there are some 1,020 or more people sleeping rough in Tasmania each night.
Donate to this project through RAWCS
More information Coordinating Club: Rotary Club of South Launceston
PP Les Grant (M): 0428 312 633 (W) 6331 2633 Email: firstname.lastname@example.com
Food Plant Solutions – formerly Learn ♦ Grow Program
Global food shortages are looming as the single greatest threat to mankind!
But there is a simple solution food plants that grow and thrive naturally where they are best adapted.
Food Plant Solutions is a visionary project of Rotary Tasmania, District 9830, based on the lifetime work of agricultural scientist,
Bruce French, from Tasmania. He has compiled the world's most comprehensive food plant database.
Donate to this project via Rotary Australia World Community Service (RAWCS) secure site
Web site generously hosted by Your Website


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Native Plants
Q. Who is Mr. Smarty Plants?
A: There are those who suspect Wildflower Center volunteers are the culpable and capable culprits. Yet, others think staff members play some, albeit small, role. You can torture us with your plant questions, but we will never reveal the Green Guru's secret identity.
Did you know you can access the Native Plant Information Network with your web-enabled smartphone?
Ask Mr. Smarty Plants is a free service provided by the staff and volunteers at the Lady Bird Johnson Wildflower Center.
rate this answer
Wednesday - May 18, 2011
From: Kerrville, TX
Region: Southwest
Topic: Diseases and Disorders, Transplants, Trees
Title: Huisache tree is not thriving in Kerr County, TX.
Answered by: Jimmy Mills
QUESTION:Our landscaper planted a Huisache tree in our back yard (Kerr County). It was planted about 3 years ago. It has grown considerably (about 15 feet tall)but it has never flowered and is always late in leafing out. It is May and the bottom half of the tree is entirely leafed out wth the top half slowly leafing out. There is some dead wood on the tree which I will have to remove but I am unsure when to prune it. I now understand from reading up about these trees that they prefer a warmer climate. Is this a lost cause? Do these trees require any special fertilization to flower?
Its often hard to determine why a tree won't grow, especially when the tree is several counties away. Mr. Smarty Plants is going to suggest that you contact the folks at the Kerr County Office of Texas AgriLife Extension for some help closer to home.
Next, lets learn a little more about the tree. Huisache is a native shrub or tree that is well suited to the Hill Country as is confirmed by this article from the Native Plant Society of Texas. It is hardy in Zone 8, and is close to the northern end of its range in Kerr County. This past winter probably didn't do your tree much good. Looking at its Native Plant Database page will let us see what the plant needs to grow.
Growing Conditions
Water Use: Low
Light Requirement: Sun
Soil Moisture: Dry
CaCO3 Tolerance: High
Drought Tolerance: High
Heat Tolerant: yes
Soil Description: Sandy, Sandy Loam, Medium Loam, Clay Loam, Clay, Caliche type
Conditions Comments: Acacia farnesiana can form dense thickets from suckers. It has small, fragrant, orange-yellow flowers cluster in globose heads. But blooms so early that buds are often ruined by frost in the northern parts of its range. Acacia beetles can girdle limbs up to 3 in. across. Alkaline tolerant. This beautiful tree casts a soft filtered light but be careful when planting it, because it has sharp thorns on the trunk and branches.
Now we need to ask a few question; Is it getting full sun? What about water; too much or too little? Many people tend to overwater new trees. What kind of soil is it growing in? What does your landscaper say about the tree?
Since the tree was planted only three years ago, in could be experiencing transplant shock. These two links from Purdue University and the University of Kentucky can help you deal with this possibility. As for pruning removing dead wood can be done at any time.
Huisache has been flowering for centuries without being fertilized by humans. One should never fertilize a plant in stress. Too high a ratio of nitrogen to phosphorous (ie more nitrogen in the soil than phosphorous) inhibits flowering in some plants. This could happen in your case if the tree was getting too much lawn fertilizer which usually has high nitrogen levels.
More Transplants Questions
Blackening of top growth of yaupon in Sunrise Beach TX
June 09, 2010 - My question regards a Will Flemming yaupon which I am thinking may be within your scope of expertise. These were recently planted under windy conditions, then hit with a neighbors antiquated jet type ...
view the full question and answer
Transplanting roughleaf dogwood in Pflugerville, TX
March 28, 2007 - Hello. My rougleaf dogwood is suckering enthusiastically, and rather than mow off all the root suckers, I'd like to transplant a couple of them to the stream bank in the greenbelt behind my house. ...
view the full question and answer
Transplanting azalea sprouts in St Louis MO
August 27, 2009 - I have an azalea bush that I cut back severely 2 years ago and unwittingly started 3 or 4 new bushes when some limbs grew back along the ground and created their own roots. I'd like to separate them...
view the full question and answer
Transplanting agave in Austin
September 22, 2009 - I have an 8 foot tall agave (americana?) planted in my front yard. It has been there quite happily for over 20 years. How would I go about transplanting this to another location? Thanks!
view the full question and answer
Century plant offshoots in Denver
January 01, 2009 - Each year I get a small "baby" Century Plants in the early winter..December - January, But it dies off before summer. We live in Denver, CO My main plant is doing fine. Also, should I cut the lo...
view the full question and answer
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product informationFoodSaver Gallon Vacuum Zipper Bags feature an expandable bottom for easy filling, and are ideal for use with your FreshSaver Handheld and MealSaver vacuum sealing systems. The bags are great for deli meats, cheeses, leftovers and other refrigerated foods that you access daily. Preserve and protect with FoodSaver bags designed with channels that allow complete air removal. Multi-ply construction blocks moisture and oxygen and makes the bags strong enough to simmer and microwave.
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- Contains 13 bags one gallon bags
product details
SKU 00344899 model no FSFSBF0316-000 product dimensions 4 x 2 x 8.4 inches shipping weight 1 lbs brand FoodSaver color No material No MFG: product manual No MFG: warranty No MFG: specs No


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OSH 1 Liquidating Corp. AOTCPK - Limited
Jun. 17, 2013, 3:47 PM
Shares of Orchard Supply (OSH +12.7%) are higher today after announcing earlier it would voluntarily file for bankruptcy in an effort to sell itself to Lowe's (LOW). The stock initially soared over 90% on news that the deal would be worth around $205M, or approximately $34.17 per share, a massive premium to Friday's close of $1.88. However, details in the press release showed the numbers are a little more convoluted than previously thought. LOW will assume the debt owed to nearly all of OSH's supplier partners, which means the actual per share value of the deal is contingent on how much debt gets wiped out in bankruptcy court.| Jun. 17, 2013, 3:47 PM


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A vary rare 172K on floats! Another first for the database. (1600X)
First Landing of this aircraft type on the new RWY 07L/25R.
Airborne via rwy 18L this prop caught me be suprise [1200 pix]
Taking off to SVO as NWS4402
With a thundering sound she left via rwy 18L bound for Abu Dhabi while operating a flight for Etihad Cargo [1200 pix]


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3 posts tagged with law by chitlin.
Displaying 1 through 3 of 3.
Drink alcohol as a passenger in Louisiana?
Mardis Gras coming up... In Louisiana, is it illegal for a passenger to drink an alcoholic beverage in a traveling automobile? [more inside]
Failure to stop and render aid
Do I have to stop and render aid when witnessing an accident? [more inside]
Must all statutory laws be written?
Is there a constitutional provision in the United States that all statutory laws must be written and/or available to the public for review? [more inside]
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Status epilepticus is generally defined as a single or multiple seizures lasting greater than 30 minutes. If appropriate therapy is delayed, SE can cause permanent neurologic sequela or death, so you should assume that
1. The following are recognised causes of status epilepticus (SE): a. Hepatic encephalopathy b. Lead poisoning c. Hyperkalaemia d. Anticonvulsant overdose.
What is status epilepticus? A seizure involves abnormal electrical activity in the brain affecting both the mind and the body. Many problems can cause you to have a seizure. These include high fever, brain infections, abnormal sodium or blood sugar levels, or head injuries.
Hypoglycemia Cardiac arrhythmias. Fever. Classification of Status Epilepticus. Generalized.
Uncommon causes of status epilepticus. 113. Table 1 Autoimmune disorders causing SE.
7. Status epilepticus 7 Drugs which can cause seizures Antibiotics Penicillins Isoniazid Metronidazole Anesthetics, narcotics Halothane, enflurane Cocaine, fentanyl Ketamine Psychopharmaceuticals Antihistamines Antidepressants Antipsychotics Phencyclidine Tricyclic antidepressants.
Status Epilepticus. • For pre-hospital care providers, any seizure that: • Is ongoing whenEMTs arrive at the patient's side, or. • Lasts more than 5 minutes, or.
Pediatric Seizures and Status Epilepticus (SE) Edward P. Sloan, MD MPH, FACEP. Page 2 of 8. Overall Seizure Epidemiology.
Status epilepticus. Introduction. medical emergency requiring prompt intervention to prevent the development of irreversible brain damage.
Initially, SE due to common causes may closely resemble SE due to rare causes. Common things being common, we consider fever and systemic infection in children.


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|Dell B2360dn Driver
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Articles tagged lyle lovett
7 Jun 2011 // 9:50 AM
SACRAMENTO, Calif. — As you might suspect from some of the songs he's given the world — "That's Right (You're Not From Texas)," "She'READ more
27 Jan 2011 // 5:00 AM
Two songwriting giants shared the stage Saturday night.READ more
6 May 2010 // 7:31 AM
Lyle Lovett sounded as giddy as the character in his "If I Had a Boat" song who envisions "me upon my pony on my boat."READ more
5 Nov 2009 // 7:51 AM
Lyle Lovett and his Large Band: 4 November 2009 - Beacon Theatre, New York / Words and Pictures by Thomas HaunerREAD more
13 Jul 2008 // 10:00 PM
Though gospel was dominant, Lovett is through and through a cowboy. There was a point—either during "Cowboy Man" or "Cute as a Bug" —when cosmopolitan New Yorkers breached a realm where violins cease to be called violins (fiddles) and distinction is measured in liquid volume (ten gallons).READ more
27 Aug 2007 // 10:00 PM
Lovett cements his status as one of our best and offers further proof that popular American songcraft is a thriving art. This seamless album is one for the ages.READ more
3 Nov 2003 // 10:00 PM
The fiddle and piano lines that open Lyle Lovett's newest album, My Baby Don't Tolerate, offer an immediate indication of what Lovett hasREAD more
13 Mar 2003 // 10:00 PM
In a recent interview with Dan Aquilante of the New York Post Online, Lyle Lovett explained the rationale behind his most recent album, Smile: SongsREAD more
31 Dec 1994 // 10:03 PM
Texas troubadour Lyle Lovett's latest album offers up an interesting concept—2 CDs of cover songs from a myriad of Texas songwriters who have influencedREAD more
Mondo Cozmo "Shine" (Live at Bardot) (video) (premiere) // Music
The Band of Heathens "All I'm Asking" (audio) (premiere) // Music
Crippled Black Phoenix "Scared and Alone" (video) (premiere) // Music
Klimt 1918 "It Was to Be" (audio) (premiere) // Music
Exposition Dumps Don't Need Dialogue in 'Virginia'
// Moving Pixels
"Virginia manages to have an exposition dump without wordy exposition.READ the article


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Explore Breakfastnook, Round Tables, and more!
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Floor Designs Ideas : Lovely and very charming flooring in this character house main entry - brick floor, it will last forever! Excellent for an earth feng shui element area (Southwest or Northeast) Good for East and Southeast, too. Here's more on earth e
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love this for family seating. Wonder if this could work in my living room as a work table/ sofa too? image


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
Yersinia species
In addition to Y. pestis, other species that are important pathogens in humans include Y. enterocolitica and Y. pseudotuberculosis. Y. enterocolitica is widespread in domestic animals, including pigs and cattle, and is found in birds and in aquatic species, such as frogs and oysters. It also has been isolated from soil and from the...


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Skip to comments.Putin Declares War
Posted on 03/02/2014 7:46:36 AM PST by Oldeconomybuyer
Vladimir Putin's Russia seized Ukraine's Crimean peninsula by force on the weekend and now has his sights on the rest of his Slavic neighbor. The brazen aggression brings the threat of war to the heart of Europe for the first time since the end of the Cold War. The question now is what President Obama and free Europe are going to do about it. --SNIP--
In the brutal world of global power politics, Ukraine is in particular a casualty of the Mr. Obama's failure to enforce his "red line" on Syria. When the leader of the world's only superpower issues a military ultimatum and then blinks, others notice. Adversaries and allies in Asia and the Middle East will be watching President Obama's response now. China has its eyes on Japanese islands. Iran is counting on U.S. weakness in nuclear talks.
The Ukrainians can't be left alone to face Russia, and the Kremlin's annexation of Crimea can't be allowed to stand. Ukraine must remain an independent state with its current borders intact, free to follow its democratic will to join the European Union and NATO if it desires. The world is full of revisionist powers and bad actors looking to exploit the opening created by Mr. Obama's retreat from global leadership, and Mr. Putin is the leading edge of what will quickly become a new world disorder.
(Excerpt) Read more at online.wsj.com ...
Russia seized Ukraine's Crimean peninsula
Hussein obamar is all tough guy when it's Libya or Syria.
I guess this isn't a war on behalf of the muslim brotherhood so this isn't of interest to him.
He has an important meeting with Reggie behind the bushes on the back nine.
A people who don't maintain a military sufficient for self-defense have voted to be invaded. It is immoral for them to expect or demand that someone come and repel an enemy. It's the ultimate bailout.
We should do nothing.
In the brutal world of global power politics, Ukraine is in particular a casualty of the Mr. Obama's failure to enforce his "red line" on Syria. When the leader of the world's only superpower issues a military ultimatum and then blinks, others notice. Adversaries and allies in Asia and the Middle East will be watching President Obama's response now.
This is the scary part of what is unfolding. What will the president do to restore *his* credibility? His actions could be a huge mistake and trigger unthinkable consequences.
Or he could just do nothing and let the USA decline into a footnote in history.
That cute, WSJ.
Now what army are you going to send against a nuclear power in order to seize it back? Or did you guys ever wonder why we never went to war against the Soviets for a host of other stuff?
Good thing the French goverment didn't take such a foolish attitude in 1781.
Well, females and gays who want to be on the front lines, here's your chance. Good luck!
Very well stated! In its current form, this is a European problem at this point, and we have NO interest there. The danger here is if Putin takes all of Ukraine without a credible response from Europe. He may be tempted to go after a few more. Why wouldn't he?
Good thing for us, not for them. The resources spent only hastened the French Revolution.
Yours truly, George Soros.
These types of treaties to ensure the "protection" of some nation are NEVER a good idea.
Britain had one with Belgium in 1914. The lost hundreds of thousands of men for that.
Britain and France had one with Poland in 1939. Even more were lost and Poland wasn't free until 1989.
We made this stupid promise when Russia was in chaos, broke, and not much of a threat. We made it to a nation that wasn't remotely unified enough.
Sorry to say but the U.S. should not go to war for this. We are just going to have to prop up what's left of that country with aid, and settle in for Cold War 2.
Obama never had any credibility of his own.The only credibilty he ever had came with the office,a legacy of much better men.The whole world now knows that he's a punk gay community organizer,who floated into the job on a wave of white guilt.
Putin doesn't want Western Ukraine and they sure as hell don't want him.
Well, he has been pretty open that he thinks that the US should atone for past perceived sins and be reduced to just one nation among many, nothing special about it.
In the Budapest Memorandum The US, and UK guaranteed Ukraine's safety.
I don't have the impression you read the editorial.
Just like Poland in the early 20th century.
Putin may not want to keep western Ukraine but I'm pretty sure he wouldn't mind punching them out.
Well, a bunch of Soros funded, firebomb throwing insurrectionists attempted to overthrow the legitimate government of Russia's political ally and very strategic neighbor. These are the consequences. Good luck to them because its not our problem.
WSJ says the annexation of Crimea mustn't stand? Okay, let Obama, sword in hand, go take it back, accompanied by Hagel's homo brigades, and a select group of gay athletes. They can all get together and stamp their feet and wave the rainbow flag at Putin's army.
This is theater to keep Lois Lerner's testimony off the news cycle this week. Nothing more nothing less. Putin will wind up occupying Ukraine and Obama walks away from the IRS scandal. The Western Europeans won't do a thing.
If Putin succeeds in Ukraine, he might be tempted to make trouble elsewhere. Latvia and Estonia, for example, have large ethnic Russian minorities that he could stir up.
No one in Ukraine except for the Bandera Nazis want war with Russia. And Putin doesn't want war with Ukraine either. The Ukrainian people can decided who they want to affiliate with and George Soros, John McCain and the Wall Street Journal editorial board should stay out of it.
Or give that editor a rifle.
Nice to see some people on Freerepublic have some sense instead of wasting money we don't have on a war we have no business with.
Absolutely nothing.
re: "The question now is what President Obama and free Europe are going to do about it."
Obama will ultimately do nothing because there is really nothing he can do about it. He has spent all the years of his presidency putting us into a position of weakness in regard to foreign policy.
He has "apologized" to our enemies around the world on several occasions for the times we intervened or stood up for our interests or freedom's interests around the world.
He has refocused our intelligence services toward domestic spying and bungled/compromised (or was it intentional?) our foreign intelligence capability.
He has announced to the world that we are reducing our military.
He has demonstrated to the world that we will no longer stand by our word/agreements to our allies.
He has demonstrated to the world that he will give all deference to those nations/political groups who are hostile to us while shunning our allies.
And lastly, Obama told Putin in person that once he was re-elected in 2012, that he would be in a much better position to give away/reduce our military/nuclear standing in Europe, and advised Putin to just "wait" a while until after the election.
Given that we have a witless president, it is best if we just stay on the sidelines rather than risk further damage.
Obama is prone to colossal screw ups and we don't need one at this level. Somebody said that Putin is playing geopolitical chess and Obama is playing marbles.
The media can't help him on this one.
It really isn't a fair matchup.
They get Bluto While we only get Urkel.
Soon isolationism leads to occupying a very small island, while the rest of the world runs amok. Isolationism is the bedrock of Obama's philosophy. The world abhors a vacuum, and when America pulls out, something worse always rushes in.
With the fiscal wreck that is Europe these days, I couldn't imagine why Putin would want Western Ukraine either. Let the EU have them, as they'll fit right in! It's my understanding that the Eastern part of the country is where the majority of the industry/natural resources are, and it looks like that's what Putin is most likely after.
Only Russia can protect them.
This is the real gripe:
"Mr. Putin is the leading edge of what will quickly become a new world disorder."
The neocon, UN and EU house of cards is tilting. This is not as easy to shift as Libya and Egypt. The transnationals' game is too exposed, there is scant money and they now play with someone who can see them and raise them.
Actually, Russia is "retaking" Crimea. Crimea was Russian throughout history until 1954.
If native Hawaiian activists stormed some govt buildings in Oahu and demanded the US Navy leave Pearl Harbor, do you think we would comply?
Or would we reinforce Pearl Harbor?
Satirist under fire for comparing Sochi Games and Hitler's Olympics
Maybe he knew too much?
Russia had one last Winter Olympic event: Hegemony.
Before it's over, he'll find a way to give away our most sensitive military secrets. Hell, Bubba already got away with it.
Putin declares war. Obama yells, "FORE!"
Putin wants stability in Ukraine.
Funny thing is that the Ukrainians are really mad at McCain and Kerry. It's hilarious. They're saying,
"Who are these McCain and Kerry and why are they getting involved in Ukraine? Do they want to move here?"
Good advise WSJ. Perhaps we can crew those sixth fleet ships with all the illegal aliens you want to make citizens before we sail them off to fight the russians.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Dr. Carsten Schulte is an Associate in the Munich office of Fish & Richardson. He is qualified in Germany as an attorney-at-law.
Dr. Schulte focuses his practice on patent and trademark litigation and other technology-related litigation. His experience includes patents relating to medical devices, mechanical engineering, computer science, civil engineering and optics. He also has extensive experience providing strategic intellectual property advice with respect to trademarks and domains.
Dr. Schulte was also a trademark examiner with the German Patent and Trademark Office and the Office for Harmonization of the Internal Market (OHIM) in Alicante. Prior to joining Fish, he practiced in the intellectual property group of a large German and an American law firm.
- Litigation
- Unitary Patent and Unified Patent Court
- Hatch-Waxman
- Patent Litigation
- Trademark, Copyright, and Media Litigation
LL.M., University of New South Wales 2010
Media, Communications and Information Technology Law
Ph.D., University Osnabrueck Law School 2002
- Federal Republic of Germany
Memberships & Affiliations
Association for the Protection of Intellectual Property (GRUR) German-Australian Lawyers Association


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filed: January 3, 1986.
HOPE S. MINEOv.CHARLES D. TANCINI, J.E. SMITH, INC., PAUL KEVON MERMON, AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. APPEAL OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. HOPE S. MINEO, APPELLANT, V. CHARLES D. TANCINI, J.E. SMITH, INC., PAUL KEVON MERMON, AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. HOPE S. MINEO V. CHARLES D. TANCINI, J.E. SMITH, INC., PAUL KEVON MERMON, AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. APPEAL OF J.E. SMITH, INC. HOPE S. MINEO V. CHARLES D. TANCINI, J.E. SMITH, INC., PAUL KEVON MERMON, AND PENNSYLVANIA DEPARTMENT OF TRANSPORTATION. APPEAL OF PAUL KEVON MERMON
Appeal from the Judgment entered March 16, 1984, Court of Common Pleas, Montgomery County, Civil Division at No. 79-23086.
Gary B. Gilman, Deputy Attorney Gen., Philadelphia, for Pa. Dept., appellant in No. 866 and appellee in Nos. 906, 1049 and 1050.
David S. Shrager, Philadelphia, for Mineo, appellant in No. 906 and appellee in Nos. 866, 1049 and 1050.
William H. Kinkead, III, Norristown, for Mermon, appellant in No. 1050 and appellee in Nos. 866, 906 and 1049.
Gilbert P. High, Jr., Norristown, for J.E. Smith, appellant in No. 1049 and appellee in Nos. 866, 906 and 1050.
Spaeth, President Judge, and Johnson and Shoyer,*fn* JJ. Spaeth, President Judge files a concurring opinion.
[ 349 Pa. Super. Page 119]
Hope S. Mineo, a Maryland resident, was seriously injured in a vehicular accident which occurred on Pa. Route 903 in Montgomery County on January 1, 1978 when a salt truck rammed into the rear of a station wagon in which she was a passenger. Ms. Mineo commenced an action against several defendants including Paul Mermon, the driver of the salt truck. Prior to trial an amicable settlement was reached by Ms. Mineo with one of the defendants, Charles D. Tancini.
After trial by jury Ms. Mineo was awarded $2,360,000.00 in damages. As part of its verdict the jury attributed 85% of the negligence to defendant Mermon and 15% to defendant Tancini. The jury also determined that Mermon, at the time of the accident, was in the joint employ of the two remaining defendants, J.E. Smith, Inc. and the Pennsylvania Department of Transportation (hereinafter "PennDOT"). Following the return of the jury verdict, judgment was entered in favor of Hope Mineo in the amount of $3,266,748.97.*fn1
After the appeals and cross-appeal were filed with this Court, J.E. Smith, Inc. filed a motion to reduce judgment or stay proceedings which sought to have the verdict reduced by 15% in light of the joint tort-feasor release of Charles D. Tancini, which was executed by Hope Mineo prior to trial. This motion was not opposed and, by order dated May 13, 1985, this Court remanded this question to the trial court for its consideration. On May 30, 1985 the trial court reduced the judgment from $3,266,748.97 to $2,777,273.58.
Also, prior to trial, Hope Mineo received medical payment benefits from the no-fault insurance carrier for the motor
[ 349 Pa. Super. Page 120]
vehicle in which she was a passenger at the time of the January 1, 1978 accident. No claim was made to the jury for medical expenses, but it was agreed that $100,000, representing Ms. Mineo's accrued and future medical expenses, should be added to the verdict if it were later to be determined by the trial or appellate court that inclusion of these monies would be appropriate. The trial court's March 8, 1984 opinion [ Mineo v. Tancini, 114 Montg.Co.L.R. 16 (1984)] denied the motion to mold the verdict by the addition of $100,000 in medical expenses.
Defendants J.E. Smith, Inc., Mermon and PennDOT appealed raising collectively the following six separate issues which we must consider:
1. Did Hope Mineo settle her dispute with PennDOT prior to trial?
2. Should the jury have been instructed on the Sudden Emergency Doctrine?
3. Should the table of Hope Mineo's projected earnings have been sent out with the jury during deliberations?
4. Was the jury verdict excessive?
5. Should the verdict have been molded to limit PennDOT's liability to $250,000?
6. Should the trial judge have ruled that Mermon was solely the employee of PennDOT?
Hope Mineo in her cross-appeal seeks a double recovery for her accrued and future medical expenses.
For the following reasons we affirm.
PennDOT initially argues that the trial court erred in denying a request to amend its new matter to include a defense of settlement and to mold the verdict to reflect a settlement with Hope Mineo in the amount of $25,000. On November 2, 1981 the trial court had dismissed PennDOT's petition to have the case settled and discontinued with respect to PennDOT. Thereafter, PennDOT, which had answered Hope Mineo's complaint prior to the alleged settlement,
[ 349 Pa. Super. Page 121]
sought leave to amend its new matter to include the affirmative defense afforded by the settlement. On September 14, 1982, following oral argument, PennDOT's petition was denied. No appeal was ever taken from the trial court's September 14, 1982 order.
An order of the trial court refusing to permit a defendant to assert an affirmative defense such as release or settlement is an appealable order. Grota v. LaBoccetta, 425 Pa. 620, 230 A.2d 206 (1967). In Grota, the defendants, like PennDOT in the instant case, sought the trial court's permission to amend the answers previously filed to include the affirmative defense of release based upon a prior settlement agreement. The trial court refused and an appeal was taken. The plaintiff in Grota attempted to have the appeal quashed on the ground that the appeal was interlocutory.
Justice Musmanno, in rejecting this contention, and speaking for the court, stated:
We cannot accept this argument. The defense sought to be injected by the amendment was an affirmative one and thus had to be pleaded, on the risk otherwise that it might be deemed to have been waived. Therefore, when the Court held that the amendment was not pleadable, the petitioners were, on that feature of the case, put out of court. From this it inevitably followed that the order below became final and appealable. In Posternack v. American Casualty Co., 421 Pa. 21, 218 A.2d 350, [1966] we stated that where the new proposed defense is affirmative in character, and thus must be pleaded or be deemed to have been waived, the order of the court denying the pleading precludes proof of such defense at the time of trial and, accordingly, as to that defense the order "puts the defendant out of court."
Id., 425 Pa. at 623, 230 A.2d at 207.
The clear holding in Grota was available to counsel for PennDOT in September 1982 when PennDOT failed to take an appeal. It was not enough for PennDOT to have
[ 349 Pa. Super. Page 122]
filed a petition for review in the Commonwealth Court when a direct appeal should have been taken. Pa.R.A.P. 903 requires that the notice of appeal "be filed within 30 days after the entry of the order from which the appeal is taken." The failure of PennDOT to have taken a direct appeal from the September 14, 1982 order rendered the doctrine of res judicata applicable and precludes vacation of this order after the time for appeal has passed. Love v. Temple University, 422 Pa. 30, 220 A.2d 838 (1966); U.S. National Bank in Johnstown v. Johnson, 321 Pa. Super. 352, 468 A.2d 515 (1983). Where a new proposed defense is affirmative in character, such as the one PennDOT sought to advance instantly, it must be pleaded or it is deemed to have been waived. The September 14, 1982 order put PennDOT out of court with respect to the proposed affirmative defense of release or settlement. This order was, therefore, appealable. PennDOT cannot now challenge the trial court's decision not to permit amendment of PennDOT's new matter since it failed to appeal from the September 14, 1982 order.*fn2
The next assignment of error by PennDOT challenges the trial court's failure to instruct the jury on the application of the sudden emergency doctrine. PennDOT asserts that there was sufficient evidence of record for the jury to have determined that Mr. Mermon was confronted with "the sudden interjection of a moving object into his path of travel" at the time of the accident (i.e., the station wagon in which Hope Mineo was a passenger).
Counsel for PennDOT suggested, in his opening statement to the jury, that the evidence would show that Mr. Mermon was faced with a sudden emergency situation on the evening of January 1, 1978. At trial, however, no evidence of a sudden emergency was presented. The trial
[ 349 Pa. Super. Page 123]
court, in its summary of Paul Mermon's recollection of the accident, stated:
Mermon stated that he could have stopped his truck within a distance of 50 to 60 feet. (N.T., Oct. 19, 1982, p. 108). Mermon further testified that he observed the station wagon carrying the plaintiff when it put its brake lights on and that he made this observation from a distance of 100 feet from the station wagon. (N.T., Oct. 19, 1982, p. 128 and N.T., Oct. 25, 1982, p. 775).
Mineo v. Tancini, 114 Montg.Co.L.R. 210, 218 (1984).
Since Mermon had a full 50 to 60 feet within which to stop after he realized that the station wagon was 100 feet away, a sudden emergency doctrine charge would have been inappropriate. On the facts of the instant case the trial court properly charged the jury on the "assured clear distance" rule which requires a driver to operate his vehicle in such a manner that he can always stop within the distance that he can clearly see -- a distance that will vary according to the visibility and attending circumstances such as icy road conditions. Fish v. Gosnell, 316 Pa. Super. 565, 580, 463 A.2d 1042, 1050 (1983); see also Bohner v. Stine, 316 Pa. Super. 426, 463 A.2d 438 (1983).
Counsel for PennDOT also complains about the trial court's instruction that the jury was not to consider the doctrine of sudden emergency with respect to Mr. Mermon's actions. We find no abuse of discretion on the part of the trial court in light of the fact that PennDOT's counsel suggested, in his opening statement to the jury, that the evidence would show that "Mr. Mermon was faced with a sudden emergency situation."
PennDOT next asserts that the trial court erred in allowing a table of Hope Mineo's projected earnings to be sent out with the jury during deliberations. The table in question was contained in an October 6, 1982 letter sent to plaintiff's counsel by Ronald S. Kaiser, Ph.D., Ms. Mineo's expert witness. The table lists the projected earnings for
[ 349 Pa. Super. Page 124]
Hope Mineo, as a Ph.D. level psychologist, from ages 26-70 and indicates that, during this time period, she could expect to receive a total of $2,353,945.
PennDOT argues that the table contains "no more than speculative, subjective opinion testimony by plaintiff's hired expert concerning lost wages during a work life expectancy of a Ph.D. level psychologist" and suggests that the figures sent out with the jury unfairly highlighted the testimony of plaintiff's expert witness.
The table of projected earnings, which PennDOT claims was offered only for "reference of counsel," was later offered and accepted for "only so much of it as refers to figures." When the exhibit went out with the jury, the textual material in the exhibit was deleted leaving only the table for the jury's consideration. The table itself was compiled from exhibit P. 33, a report entitled "Salaries in Psychology -- 1982" by the American Psychological Association.
The table of projected earnings does not appear to be highly prejudicial or misleading in any way. Cf. Lancaster Redevelopment Authority Appeal, 425 Pa. 36, 227 A.2d 827 (1967). We do not accept PennDOT's argument that the reliability of the table is in question because only 40% of the American Psychological Association's membership responded to the survey that was used to develop the table. Moreover, the determination of what documents should go out with the jury is within the discretion of the trial judge. Reichman v. Wallach, 306 Pa. Super. 177, 452 A.2d 501 (1982). We find no abuse of discretion in the instant case.
Arguments are also advanced by J.E. Smith, Inc. and Paul Kevon Mermon that the trial court erred in permitting the table of projected earnings to be sent out with the jury without a cautionary instruction. This issue has been waived, however, since none of the defendants below requested a cautionary instruction from the trial court. It is not enough that the parties objected to the submission of the table of prospective earnings and raised this issue in
[ 349 Pa. Super. Page 125]
post-trial motions. Counsel must always give the court the opportunity to correct itself and this was not done in the instant case. Tagnani v. Lew, 493 Pa. 371, 426 A.2d 595 (1981); Dilliplaine v. Lehigh Valley Trust Company, 457 Pa. 255, 322 A.2d 114 (1974).
Tagnani involved a trespass action for damages arising out of the death of Elizabeth Tagnani. At trial defense counsel attempted to raise the possibility of the remarriage of the husband of the decedent. An objection to the question was promptly sustained, but there was no request for cautionary instructions. On appeal it was asserted that the mere sustaining of the objection to the improper question was inadequate to protect Tagnani's interest. However, the court, in Tagnani, rejected that argument and stated:
If this asserted inadequacy had been called to the trial court's attention at the time of the occurrence, that court would have had the option of giving a cautionary instruction which could have removed any prejudice which may have resulted from the asking of the improper question. Appellee's failure to pursue further relief after the court sustained the objection justified the court in concluding that no further action with reference to that complaint was necessary.
Id. 493 Pa. at 375, 426 A.2d at 597. The Tagnani decision precludes relief when there is no request for a cautionary instruction in the trial court.
PennDOT raises an additional argument that the $2,360,000 verdict rendered by the jury was excessive. The granting or refusal of a new trial because of excessiveness of the verdict is within the discretion of the trial court. Hall v. George, 403 Pa. 563, 170 A.2d 367 (1961). A verdict should not be set aside unless it is so grossly excessive as to shock the court's sense of justice. Kane v. Scranton Transit Co., 372 Pa. 496, 94 A.2d 560 (1953).
This Court, in Kemp v. Philadelphia Transportation Company, 239 Pa. Super. 379, 361 A.2d 362 (1976),
[ 349 Pa. Super. Page 126]
reviewed the various factors courts have considered in determining whether a particular verdict was excessive. We cautioned, however, that it is difficult to compare the facts of any one case with those which preceded it because each case is unique and dependent on its own special circumstances, and a court should apply only those factors which it finds to be relevant in determining whether or not the verdict was excessive. In determining whether or not a particular verdict is excessive, a court may consider the following factors, inter alia, as set out in Kemp, supra: (1) the severity of the injury; (2) whether plaintiff's injury is manifested by objective physical evidence or whether it is only revealed by the subjective testimony of the plaintiff (and, herein, the court pointed out that where the injury is manifested by broken bones, disfigurement, loss of consciousness, or other objective evidence, the courts have counted this in favor of sustaining a verdict); (3) whether the injury will affect the plaintiff permanently; (4) whether the plaintiff can continue with his or her employment; (5) the size of plaintiff's out-of-pocket expenses; and (6) the amount plaintiff demanded in the original complaint.
In the instant case Hope Mineo was the victim of a severe injury as a result of the January 1, 1978 accident. She suffered considerable pain and has undergone numerous operations on her back. She has been forced to wear several plaster casts and at time of trial was required to wear a plastic cast to protect and support her spine. She also has experienced constant pain in her lower back. Her doctor testified that as time passes her condition will worsen.
The accident has substantially impaired Hope Mineo's future earning power. At time of trial her physician limited her physical activities by recommending that she lift no more than ten pounds, not sit or stand for more than two hours without changing positions, be able to lie down for a period during the work day and not participate in rigorous sports of any kind.
[ 349 Pa. Super. Page 127]
We believe that the application of the Kemp factors to the instant case demonstrates no abuse of discretion on the part of the trial court in determining that the verdict was not excessive. Ms. Mineo's projected lost earnings, standing alone, could support such a verdict.
V. RETROACTIVE APPLICATION OF 42 Pa.C.S. § 8528.
PennDOT next argues that the trial court should mold the verdict to $250,000 against PennDOT and deny Hope Mineo's request for delay damages. This contention is based upon a 1980 statute which limits the potential liability of the Commonwealth, 42 Pa.C.S. § 8528. This statute provides in pertinent part:
(a) General rule. -- Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.
(b) Amount recoverable. -- Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.
This argument has no merit, however, since a cause of action which arises prior to the effective date of this section is not subject to its limitations. Ehehalt v. Nyari O'Dette, Inc., 85 Pa. Commw. 94, 481 A.2d 365 (1984); Richardson v. LaBuz, 81 Pa. Commw. 436, 474 A.2d 1181 (1984). Instantly, the cause of action arose on January 1, 1978 and 42 Pa.C.S. § 8528 did not become effective until December 4, 1980.
Having disposed of each of the arguments raised by PennDOT and Paul Kevon Mermon as Appellants, we now turn to the remaining issues raised by J.E. Smith, Inc. on appeal. J.E. Smith, Inc. asserts that the trial judge should have ruled as a matter of law that Paul Kevon Mermon was the employee solely of PennDOT at the time of the accident
[ 349 Pa. Super. Page 128]
on January 1, 1978. Both PennDOT and Hope Mineo disagree.
The jury, by its verdict and response to special interrogatories, found causal negligence on the part of the truck driver, Mr. Mermon. It further determined that Mermon was, at the time of the accident, in the employment of both Smith and PennDOT in the respect that both parties retained the right to control his conduct at the time of the occurrence.
J.E. Smith, Inc. was in the trucking business and, during the winter season, in the snow removal business as well. At the time of the accident Mermon was in the general employ of Smith, but both Mermon and the vehicle he was driving were under lease to PennDOT and PennDOT's employees had the right to control the manner in which Mermon performed his duties.
Under Section 226 of the Restatement of Agency, Second:
A person may be the servant of two masters, not joint employers, at one time as to one act, if the service to one does not involve abandonment of the service to the other.
See Coleman v. Board of Education of School District, 477 Pa. 414, 422-23, 383 A.2d 1275, 1279 (1978). Not only can a person be the servant of two masters, but both of those masters can be held liable for the conduct of the servant under appropriate circumstances. Franceschino v. Mack, 174 Pa. Super. 518, 102 A.2d 217 (1954); Lindenmuth v. Steffy, 173 Pa. Super. 509, 98 A.2d 242 (1953); Stephanelli v. Yuhas, 135 Pa. Super. 573, 7 A.2d 124 (1939).
Under the facts of record in the instant case, we cannot say as a matter of law that Mermon, who was driving J.E. Smith, Inc.'s dump truck at the time of the accident, was solely an employee of PennDOT.
The Appellant's brief filed by J.E. Smith, Inc. asserts that the trial judge should have molded the verdict in order to
[ 349 Pa. Super. Page 129]
reduce the amount of the verdict against all defendants other than Charles D. Tancini by virtue of the joint tort-feasor release executed prior to trial. We need not deal with this issue as it has been resolved by the trial court in its order of May 30, 1985.
The final issue which we must address was raised by Hope Mineo in her cross-appeal. She complains that the trial court erred in denying her motion to mold the verdict and add $100,000 representing her accrued and future medical expenses plus delay damages thereon.
Prior to trial Hope Mineo had already received payment for incurred medical expenses from the no-fault carrier for Anthony Cafara. Now, in effect, Ms. Mineo is asking us to reverse the trial court and award her a second recovery for her incurred and anticipated medical expenses. Section 201(a) of the recently repealed Pennsylvania No-fault Motor Vehicle Act*fn3 provided:
If the accident resulting in injury occurs in this Commonwealth, any victim or any survivor of a deceased victim is entitled to receive basic loss benefits in accordance with the provisions of this act.
Since Hope Mineo was a resident of Maryland at the time of the accident, we must also consider Section 110(c)(1) and (c)(2) of the Act which dealt with interstate travel. Those sections provided:
(1) The basic loss benefits available to any victim . . . shall be determined pursuant to the provisions of the state no-fault plan for motor vehicle insurance in effect in the state of domicile of the victim on the date when the motor vehicle accident resulting in injury occurs. If there is no such state no-fault plan in effect . . ., then basic loss benefits available to any victim shall be determined pursuant
[ 349 Pa. Super. Page 130]
to the provisions of the state no-fault plan for motor vehicle insurance, if any, in effect in the state in which the accident resulting in injury occurs.
(2) The right of a victim . . . to sue in tort shall be determined by the law of the state of domicile of such victim . . . .
Because Maryland is a state where there is no state no-fault plan in effect, we must look to Pennsylvania law to determine if Hope Mineo is entitled to a double recovery even though we look to the state of Maryland to determine whether Hope Mineo can sue in tort. Just because Hope Mineo has the right to bring a tort action in the instant case under Maryland law according to Section 110(c)(2), that does not mean that this Court is bound by Maryland law regarding Hope Mineo's right to such basic loss benefits. That determination must be made under Pennsylvania law according to Section 110(c)(1).
In the case of Toter v. Knight, 278 Pa. Super. 547, 420 A.2d 676 (1980) this Court held that the right of a non-resident to sue in tort was determined by the law of the state in which the victim was domiciled. In Toter, the $200.00 threshold under the New Jersey no-fault act was found applicable to a suit brought in Pennsylvania by a New Jersey domiciliary injured in Pennsylvania rather than the $750.00 threshold applicable under the Act. Therefore, the right to sue in tort is determined by the victim's home state law. Under Toter, the victim's expectations are fulfilled and the victim has not been penalized for interstate travel. The holding of Toter v. Knight only determined which state's no-fault threshold would apply to limit a victim's right to sue in both states. It does not address the extent of the recovery.*fn4 Only an interpretation of Section 110(c)(2) of the Act was necessary to the opinion, and the result was consistent with this Court's prior result in Dubose v. McCoy, 277 Pa. Super. 149, 419 A.2d 705 (1980).
[ 349 Pa. Super. Page 131]
Neither Toter v. Knight, nor Dubose v. McCoy, addressed the question presented here of whether the non-resident victim is entitled to double recovery of medical expenses. In his majority opinion in Toter, Judge Spaeth intimates that a non-resident "may receive liberal treatment" by receiving Pennsylvania no-fault benefits and yet retain the right to sue in tort. However, Judge Spaeth's opinion does not endorse, or even suggest, that such a non-resident should be entitled to double recovery of medical expenses. Further, in Toter he examined the New Jersey no-fault scheme, not Maryland's statutory plan.
The question of whether the non-resident victim is entitled to double recovery of medical expenses has recently been addressed by Judge Mencer of the U.S. District Court for the Western District of Pennsylvania in Gyulay v. Aiuppy, 603 F.Supp. 1156 (W.D.Pa.1985).
Under the facts in Gyulay:
[t]he plaintiffs, Ohio residents, brought suit against the defendant, a Pennsylvania resident, to recover damages for injuries sustained by them in a motor vehicle accident which occurred on March 26, 1982, in Crawford County, Pennsylvania. The plaintiffs alleged negligence on the defendant's part in the operation of her vehicle. The accident occurred at a time when Pennsylvania, but not Ohio, had a no-fault motor vehicle insurance act in effect. 40 P.S. § 1009.101 et seq. (1984-85 Supp.) The plaintiffs made claims for and received benefits pursuant to the Pennsylvania act from the Ohio Casualty Group for medical expenses and work loss.
Id. at 1157.
After giving deference to the views expressed by this Court in Toter, the District Court held that plaintiff can recover under both the Pennsylvania No-fault Act and Ohio law. Judge Mencer specifically limited his holding by addressing the question of double recovery in the following manner:
However, the plaintiffs are not entitled to a double recovery. The plaintiffs have chosen to take their assured
[ 349 Pa. Super. Page 132]
basic loss benefits, which are payable regardless of fault, under the Pennsylvania No-fault Act. Having made this choice, the plaintiffs should not be able to recover the amounts paid under the Act a second time in their tort action, even though they have the right to bring this tort action under Ohio law. Flowers v. Smith, 12 Pa.D. & C.3d 434 (1979). The plaintiffs, having received the benefit of the Pennsylvania No-fault Act, have no right to the benefits of a second recovery of those amounts from the defendant.
Gyulay, supra at 1158.
We concur with Judge Mencer's analysis and hold that a nonresident, who has already received payment for medical expenses under the now repealed Pennsylvania No-fault Act, is precluded from securing a second recovery for those same medical expenses when suit is brought pursuant to Section 110(c)(2) of this Act. We believe that the trial court properly denied Hope Mineo's motion to mold the verdict by the addition of $100,000 in medical expenses.
The judgment entered on March 16, 1984 as modified by the trial court's order of May 30, 1985 is affirmed.
SPAETH, President Judge, concurring:
I join in Parts I through VII of the majority's opinion. I agree with the result reached by the majority in Part VIII.
With respect to Part VIII of the majority's opinion: The majority states that "a non-resident, who has already received payment for medical expenses under the now repealed Pennsylvania No-Fault Acts, is precluded from securing a second recovery for those same benefits when suit is brought pursuant to Section 110(c)(2) of this Act." Majority op. at 132. This statement, I suggest, is dictum because unnecessary to our decision, and is in error.
The legislature recognized that when a non-resident victim of an automobile accident brings suit in Pennsylvania, one of two situations will arise: the victim's own state
[ 349 Pa. Super. Page 133]
either does or does not have its own no-fault act. Section 110(c) was enacted in anticipation of these situations. If the victim's own state has a no-fault act, then the victim may not recover benefits under the Pennsylvania no-fault act but may recover only under the no-fault act of the victim's own state. If, however, the victim's own state does not have a no-fault act, then the victim may recover benefits under the Pennsylvania no-fault act. 40 P.S. § 1009.110(c)(1); Toter v. Knight, 278 Pa. Super. 547, 420 A.2d 676 (1980). Here, the victim's own state, Maryland, does not have a no-fault act. See Ropka, et al. v. Government Employees Insurance Co., 347 Pa. Super. 507, 500 A.2d 1171 (1985). Accordingly, the victim is entitled to recover, and she has recovered, benefits under the Pennsylvania no-fault act.
The victim is not, however, entitled to recover those benefits twice -- once under the no-fault act and once as part of his damages for trespass. This is settled if the victim is a resident of Pennsylvania. 40 P.S. § 1009.301. The fact that here the victim is a resident of Maryland does not alter this conclusion. Section 110(c)(2) provides that "[t]he right of a victim . . . to sue in tort shall be determined by the law of the state of domicile of such victim." Here, looking to Maryland law, one sees that the victim does have a right to sue in tort -- in other words, Maryland does not have a no-fault act extinguishing her right to sue in tort. Cf. Toter v. Knight, supra (New Jersey resident allowed to sue in tort in Pennsylvania because under New Jersey no-fault act, resident's right to sue in tort was not extinguished, although if Pennsylvania's no-fault act were applicable, it would be extinguished). The fact that the victim was therefore entitled to maintain her action in Pennsylvania, however, does not by itself entitle her to recover double damages in Pennsylvania. To provide that one may maintain an action in Pennsylvania is not to say that in that action one may recover double damages. Since under Pennsylvania law double damages may not be recovered, the
[ 349 Pa. Super. Page 134]
trial court properly refused to mold the verdict to permit such recovery.
*fn* Judge SHOYER, Senior Judge of the Court of Common Pleas of Philadelphia County, Pennsylvania, is sitting by designation.
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October 25th, 2014 Robert Brady Posted in Halloween 2014, Special Series | No Comments » Caution: Spoiler Alert (but if you haven't seen The Sixth Sense by now, you're not going to) I remember the first time I watched The Sixth Sense. That point at the end when you learn that Bruce Willis' character has been dead the whole time? Yeah, I was totally floored and couldn't wait ...
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April 13, 2010 (Chinavestor) Eye catching stocks from the overbought indicator this morning include LDK Solar (NYSE:LDK), Chindex International, Inc. (NASDAQ:CHDX), AgFeed Industries (NASDAQ:FEED), China Mobile (NYSE:CHL), and Suntech Power (NYSE:STP).
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Details: solar stocks were mixed on Monday - Trina Solar (NYSE:TSL) and LDK Solar (NYSE:LDK) advanced over 3% but Suntech Power (NYSE:STP) and most smaller cap players fell. The good news is that none of the solar stocks are overbought at the moment, suggesting a rally is viable.
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Most overbought China stocks list
There is not a single pure oversold China play at the moment, but the indicator picked up some interesting stock prices movements from yesterday. Huaneng Power (NYSE:HNP), the largest Chinese independent power producer, is trading at the low end of her trading envelope after a -2.03% fall on Monday.
Perfect World Co. (NASDAQ:PWRD) looks very similar to HNP from a technical point of view. While the fall is substantial, none of these stocks are oversold yet.
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Most oversold China stocks
Overbought A technical condition that occurs when prices are considered too high and susceptible to a decline. Overbought conditions can be classified by analyzing the chart pattern or with indicators such as the one above. A sharp advance from $15 to $30 in 2 weeks might lead a technician to believe that a security is overbought. Or, a security is sometimes considered overbought when the stock is trading out of its trading envelope and is approaching the theoretical high. It is important to keep in mind that overbought is not necessarily the same as being bearish. It merely infers that the stock has risen too far too fast and might be due for a pullback.
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How the Struggle Teaches Yoga Teachers How to Teach
Years ago, I heard a famous quote embellished in the film, Annie Hall. In the film Woody Allen said, "Those who can't do, teach. Those who can't teach, teach gym." (Allen's embellishment is the second sentence.) It was meant to diss teachers, especially gym teachers I guess, but in my three decades of yoga practice and teaching, I've come to understand this quote in a completely different way.
I was born with a very loose-knit body. My dad was a gymnast, and I inherited his...read more