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Keep your tablet safe and protected with a personalised tablet case from Mr Nutcase. We've been working hard to create a case that offers your device the perfect balance between style and protection to ensure your case remains looking great whilst being damage resistant.
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We know just how vital your tablet is to your everyday life. Whether you use it for the commute, to entertain your kids or to take notes in lectures, they are an essential, must have, important device. That's why we've designed a case which means you never have to go without your iPad.
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Music Gear News
Warwick and Yamaha sign up for bass guitar show
Yamaha and Warwick are among the musical instrument manufacturers who will be in attendance at the forthcoming London Bass Guitar Show, it has been confirmed.
The event is set to take place on March 12th and 13th next year at the London Olympia venue, with the conference due to feature performances from a number of international artists and bands, reports MI-Pro.
Hugo Montgomery-Swan, managing director of organiser Oyster House, stated that he is already feeling excited about the line-up for the show.
Hans Peter Wilfer, chief executive officer of Warwick, said: "Warwick are delighted to commit [to] having a significant display of instruments and amplification at the London Bass Guitar Show."
He added that attendees will be able to see two of the company's international name artists playing live at the conference.
Warwick's roster of artists includes many prestigious names from the world of rock 'n' roll, such as Adam Clayton from U2, Jack Bruce of Cream and Earl Falconer from UB40.
Buy A Bass Guitar Now
ÂPosted on 15 Oct 2010 13:58 to category : Instruments News
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subset: commoncrawl


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Opera Night Saturday 23 November 2013
Verdi famously maintained he wanted a "she devil" in the role of Lady Macbeth, and that points to the dark heart of this fascinating essay in musical evil.
Bernard Clarke explores the sonic world of Macbeth, placing the listener in the consciousness of the dark lord Macbeth himself...
Launched in 1931, the Met's Saturday matinee broadcasts are the longest-running continuous classical radio series in American broadcast history. The 86th season of Saturday broadcasts will once again be heard over the Toll Brothers–Metropolitan Opera International Radio Network. You can hear the 2016/17 Season every Saturday from 7pm on Opera Night and for details of the season, view their schedule here. (Please note that instead of the scheduled Met broadcast on December 24th, we will bring you an Opera Gala with Angela Gheorghiu recorded earlier this year at the National Concert Hall.)
Finnish composer Kaija Saariaho's breakthrough opera was described by the New York Times as "transfixing…a lushly beautiful score." Commissioned by the Salzburg Festival, where it was first seen in 2000, it will now finally have its Metropolitan Opera premiere in a dazzling new production by Robert Lepage. Eric Owens is the knight on a quest of love and Susanna Phillips is his lover on the other side of the sea. Conductor Susanna Mälkki makes her Met debut. (Eric Owens and Susanna Phillips as in Kaija Saariaho's L'Amour de Loin. Photo by Kristian Schuller, Metropolitan Opera)
Richard Strauss's revolutionary score and scandalous Oscar Wilde-inspired drama took the world by storm at its premiere and continues to wow audiences today. Catherine Naglestad makes her Met debut in the tour-de-force role of Salome, part innocent and part sexual predator. Zeljko Lucic is her prophetic nemesis Jochannaan, John the Baptist. Gerhard Siegel is Herod, and Johannes Debus conducts the Metropolitan Orchestra and Chorus. (Pictured - a scene from Strauss's Salome. Photo by Marty Sohl, Metropolitan Opera)
Title: Symphony No. 2 (Iv) Finale: Allegro
Performer(s): Borodin, Alexander
Duration: 6:37
Title: Macbeth Act 1
Performer(s): Verdi, Giuseppe
Duration: 49:03
Text '51554'
Presenter: Bernard Clarke
Producer: Gail Henry
Production Co-ordinator: Ian McGlynn


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Greg Beddor and Webfu are masters of SEO. It took a number of months, but we could see steady improvement over time. We...
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400v 4700uf Capacitor For Air Conditions - Chinaprice: contact company for price
Brand Name GHC
Model Number 400V 4700UF capacitor for air conditions
Type Aluminum Electrolytic Capacitor
Application General Purpose
Package Type screw
Capacitance 4700uf
Rated Voltage 400v
Operating Temperature -25℃~+105℃
Color Black sleeve
Size 76*115mm
ripple current 7.2Arms/105℃120Hz
diassipation 0.15 ( 20℃, 120Hz)
capacitance tolerance ±20%
advantage1 low disspation
advantage2 hight efficiency
advantage3 shortproof package
advantage4 super quality
advantage5 low esr
Company Contact:
- Posted By: Dongguan Gonghe Electronic Company
- Phone: 076981559780
- Address: changan dongguan guangdong, donggaun, China
- Email:
- Website: http://www.worldghc.com
Published date: October 29, 2013 -
- Business Description: Dongguan Gonghe Electronic Co., Ltd. was founded in 1992. We are specialized in the production of electrolytic capacitors. We have an independent R&D team, a production team, a sales team, with highly efficient, high quality and good after sales service. We are a supplier of electronic components, electrolytic capacitors and modules. Our company provides one stop shopping. We focus on fast growing high tech markets, such as information and communication electronics, automotive electronics, industrial electronics and consumer electronics markets. Aluminum Electrolytic Capacitors are ubiquitous and indispensable.
Related listings
Ultracapacitor 3000farad 2 7v With Ce ApprovalComponents - Capacitors - Dongguan Gonghe Electronic Company - China - October 29, 2013 - contact company for price
Place of Origin Guangdong, China (Mainland) Brand Name nanoforce Model Number DRL-2.7v 3000f Type Super Capacitor Application Power Package Type Through Hole Capacitance 3000f Rated Voltage 2.7V Operating Temperature -40°C ~ 60°C color blue or black ...
Electronic Component Ic Integrated Circuit Diodes Transistors Relay Capacitors Resistors Inductor MiComponents - Capacitors - WeCan SEMICONDUCTOR LIMITED) - China - September 22, 2013 - contact company for price
We (WeCan SEMICONDUCTOR LIMITED) sell all series Integrated Circuits (ICs); Clock/Timing, Data Acquisition - ADCs/DACs, Interface - Drivers, Receivers, Transceivers, Linear - Amplifiers - Instrumentation, OP Amps, Buffer Amps, Linear - Comparators, L...
Ac Motor Start Capacitor Cbb65 For Air ConditionerComponents - Capacitors - Anhui Safe Electronics Co., LTD. - China - September 5, 2013 - contact company for price
1 The product is equipped inside with reliable explosion-proof equipment and is highly safe. 2 With its good self-healing characteristic and long life-span, it is widely used for air-conditioners, refrigerators, generators, compressor, etc.. Our comp...
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Here are some frequently asked questions about election day voting in San Diego County. In order to vote, you must be a U.S. citizen and you must already be registered to vote. There is no same day registration in CA.
For info on candidates and issues on the 2016 general election ballots in San Diego, go here.
OB Rag and San Diego Free Press Progressive Voter Guide here.
When are the polls open?
Polls are open on election day Tuesday, November 8, 2016 from 7am to 8pm. If you are in the line at the polling place prior to 8pm, you have the right to vote.


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By Lucas Scholhamer
Fool the public once, shame on the housing market — but fool them twice?
Not likely, according to the latest data from the S&P Case-Shiller index, whose 10- and 20-City Composites both indicate that housing prices have dropped dramatically back to their summer 2003 levels. With cautious spenders worried that the decreasing level of residential investment will drag the economy into a double-dip recession, we take a look at some stocks that have been performing well, performing poorly, and some others that have been hit hard but may be a steal if we see an upturn in the market come summer.
Home Depot, Inc. (NYSE:HD): The world's largest chain of home improvement stores has certainly capitalized on the dismal housing market, as skeptical consumers increasingly opt to sink some cash into enhancing their current homes rather than risk purchasing tanking real estate. As we noted here, Bill Nygren is a big shareholder. With its sturdy 2. 8% dividend yield and a manageable 18. 69 P/E ratio, Home Depot stock has recently climbed back up from its 52-week low of $26. 62 last July, closing at $37. 56 Friday. Additionally, the retail giant recently announced plans to repurchase $1 billion of its shares as part of an accelerated-buyback program. With shareholders continuing to receive excess cash and the one-year target bid topping $40 per share, investors would be wise to consider adding HD stock to their portfolio.
Lowe's Companies, Inc. (NYSE:LOW): Following in the sweat-soaked footsteps of the Home Depot is its most formidable competitor: Lowe's Companies, Inc. , a similar home-improvement supply retailer for America's do-it-yourselfers. With a P/E ratio of 18. 63 and a 1. 7% dividend yield, LOW has recovered nicely after its shares hit their $19. 53 low last August, closing at $26. 74 on Friday. George Soros is a shareholder. Despite the fluctuation of the housing market over the last decade, Lowe's has managed to maintain an average annual earnings growth over 8%, according to the company's latest annual report of operating results.
Toll Brothers, Inc. (NYSE:TOL): Unfortunately, not everybody can benefit from the abundance of elbow grease. Toll Brothers, Inc. , a Fortune-1000 luxury home building company that has been developing real-estate for over 40 years in 19 states, has been hit hard by the housing dip. TOL stock slumped again, continuing to fall from their modest $21. 90 peak in mid-February back down to $19. 76 on Friday after a slow recovery from a horrific 2010 summer. TOL shares were trading with a 79. 8 P/E ratio. However, Toll Brothers, Inc. has been trying to compensate for the losses by managing and trading distressed properties, announcing their purchase of $200 million-worth of non-performing real estate loans Thursday morning.
KB Home (NYSE:KBH): KB Home, a Fortune-500 home builder based out of Los Angeles, has also felt the pain of reluctant potential homebuyers. With a 1. 90% dividend yield, share values continued their 3-month slide, closing at $12. 43 Friday — down over 38% from their 52-week high. The fact that they have kept investors in the dark by delaying their first quarter earnings report until April 5th also provides reason for believing they will drop further. However, the home-building giant is attempting to entice buyers with attractive offers for free, energy-efficient features in new home models. This might give them an edge over competitors when the market picks up again, and if so, these prices may represent a rare opportunity for investors.
Pulte Group, Inc. (NYSE:PHM): The struggles of the nation's largest homebuilder illustrate just how the unattractiveness of engaging in the housing market has transcended all social classes. Despite a diverse brand portfolio containing the likes of Pulte Homes, Centex Homes (NYSE:CPX), and Del Webb — ideally, something for every buyer — Pulte Group has been demolished by the market, posting losses yet again as share values sunk to $7. 48, just over half of where they stood last summer ($13. 91). The company has been widely criticized for acquiring Centex Homes in 2009 for $1. 3 billion. Since then, they have posted profits in only one of the last six quarters.
D. R. Horton, Inc. (NYSE:DHI): The second largest homebuilder in the nation is also experiencing losses from the housing slump. Stock for this developer and builder of single family homes, townhomes, and condominiums fell yet again on Friday, down 0. 68% to $11. 65. With a high P/E ratio of 135. 47 and a 1. 3% dividend yield, DHI is currently performing under its 50-day moving average of $12. 18. Consistent with the underwhelming performance of other major homebuilders wrestling with the current low demand, DHI has been forced to cut costs where possible, and investors should take note of the affordability of this historically successful company.
NVR, Inc. (NYSE:NVR): When the market hands out lemons, look to NVR, Inc. for lemonade. This dual homebuilding and mortgage banking company, responsible for the NVHomes, Ryan Homes, Rymarc Homes, and Fox Homes brands, has managed relative success that has eluded others in the homebuilding industry. With stock rising 0. 06% to $756. 42 and a 22. 63 P/E ratio, NVR has managed to avoid the major market fluctuations plaguing other homebuilders partly by focusing their operations in the Washington D. C. area — the only one of the 20 cities where the Case Shiller index indicated a rise in prices in January. The risk-averse company has reported profits for the last 8 quarters.
Beazer Homes USA, Inc. (NYSE:BZH): Despite a promising January and analyst optimism throughout early March, Beazer Homes USA, Inc. , a single- and multi-family homebuilder in the South and Southwestern United States, has felt the woes of the housing lull. Despite closing Friday up 1. 09% with shares valued at $4. 62, BZH stock has fallen nearly 30% since January and has been struggling to remain stable. Additionally, the company recently settled in a fraud suit where shareholders alleged that managers had been overpaid for their underwhelming performances.
Lennar Corp. (NYSE:LEN): Despite posting a first-quarter profit, Lennar has seen significant losses in the last week. The Miami-based homebuilder, offering houses for a wide variety of buyers, has reported a recent decrease in homes built and new orders. But unlike many struggling competitors, Lennar's Rialto Capital company, who invests in distressed real estate, has had significant success as of late (their $11 million earnings last quarter are partly responsible for Lennar's Q1 profit). LEN stock, with a 35. 97 P/E ratio and a 0. 80% dividend yield, dropped to close at $18. 25 Friday, rounding out a disappointing week for shareholders. But with a 1-year target estimate of $23. 10, this price could be a bargain if the market heats up again in the coming months.
MDC Holdings, Inc. (NYSE:MDC): Despite modest gains Friday, MDC shares still suffered overall losses for the week in the wake of the latest Case Shiller data, down to $25. 53 from their YTD high of $31. 80 in early February, with a 3. 8% dividend yield. While some analysts don't foresee MDC profits in the near future, the conservative homebuilder/financial services company's land-light strategy for purchasing finished lots and its strong liquidity poise MDC for a slow, long-term recovery.
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours.


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Home >
Posts Tagged ' Wipro '
Cybersecurity startup Lucideus raises investment from Motilal Oswal PE directorThursday, September 1, 2016 | Disha Sharma | More »
Priya Prasad
Cybersecurity startup TAC Security gets pre-Series A fundingTAC Security Solutions, which provides cybersecurity solutions to corporate clients, has secured an undisclosed amount of funding in a pre-Series A round from Vijay Kedia. Kedia is a stock market investor, managing director of Kedia Securities Pvt. Ltd and director of three-wheeler maker Atul Auto L...
23 August, 2016 | More »
Sainul K Abudheen
Wipro invests $19M in two tech startupsGlobal IT services major Wipro Ltd has invested $19 million in two undisclosed technology startups, according to its CEO TK Kurien. "There is innovation capability lying outside the organisation and so there is a need to invest in the same," Kurien said at a Nasscom conference. He did not share ...
13 February, 2014 | More »
Bhawna Gupta
Wipro to acquire US-based Opus CMC for $75MWipro Ltd, India's third-largest IT services exporter, has closed its third and largest deal this year by acquiring US-based Opus CMC (Opus Capital Markets Consultants LLC) for $75 million. The transaction includes a deferred earn-out component, as per a statement. The acquisition will strengt...
2 December, 2013 | More »
Aishvarye Sinha
The trade off faced by IT players: Scale up at the expense of profitability or focus on earnings even if growth slowsMost entrepreneurs have encountered the conundrum between scaling up at the expense of profitability or focusing on earnings even if it means slow growth. This growth versus margin question is even faced by mature IT services companies with already over $500 million in revenue. This set of compani...
10 October, 2013 | More »
Sonam Gulati
Wipro puts in $5M to pick up minority stake in machine-to-machine applications firm AxedaGlobal IT services major Wipro Ltd has invested $5 million to pick up a minority stake in US-based Axeda Corporation, a provider of cloud-based services and software for managing connected products and delivering machine-to-machine (M2M) applications. "Wipro's investment in Axeda is driven by th...
3 June, 2013 | More »
Bhawna Gupta
Wipro to invest $30M in US-based Big Data firm Opera SolutionsAzim Premji-led Wipro Ltd, India's third largest software services provider, has signed an agreement to enter into a strategic partnership with Opera Solutions LLC, a privately held and New Jersey-headquartered Big Data analytics firm. Wipro will invest $30 million in the company to take a minorit...
8 May, 2013 | More »
Sainul K Abudheen
Cloud-based telephony startup Exotel aims to tap SME demand; signs up 150 customersWhen expert hacker Shivakumar Ganesan set up a C2C marketplace venture Roopit, he used to get a lot of telephone calls, many of which he missed. He later realised that he could have turned each call to a valid customer if he had handled the calls properly. This led him to develop a solution that [&h...
26 December, 2012 | More »
Rajeev Mantri
India's rapidly evolving technology landscapeIndia's technology landscape can be characterized as having seen three waves of evolution and growth. The first wave was led by the likes of Tata Consultancy Services, Patni Computer Systems, Infosys and Wipro, who pioneered the outsourcing model based on labour cost arbitrage. These were firm...
2 November, 2012 | More »
Nandana Das
OrangeScape Raises $1M Angel Funding From IANChennai-headquartered OrangeScape, a cross-Cloud PaaS (Platform-as-a-service) provider, has raised $1 million from the Indian Angel Network. The capital raised will be largely used for business and product development. As part of the deal, Sharad Sharma of IAN has joined OrangeScape's board of d...
4 May, 2012 | More »


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Weather Alert Map USA
By Elecont LLC
Open iTunes to buy and download apps.
Weather Alert Map is the only app you need for the latest weather information. Get critical severe weather alerts for your location in easy and intuitive way - directly on the map. App offers High-resolution weather radar, Satellite images of national and local cloud cover, Current weather and Ten-day weather forecast, Sea surface temperature, Earthquakes via In-App purchase. Stay ahead of severe weather wherever you are with the Weather Alert Map application !
Over the last few months, the weather is one of the hottest topics due to Hurricane Sandy, but lets face it, the weather is always a major focal point with everyday life. There isn't a day that goes by where someone doesn't ask me if it's going to rain or snow. With Alert Map, you will always have that information in your pocket because it shows the latest alerts, weather, radar and even earthquakes.
With Alert Map you will see all watches, warnings, and advisories issued by the National Weather Service. They cover just about anything you can think of including, air quality, avalanches, blizzards, floods, earthquakes, high winds, hurricanes, thunderstorms and so much more.
You will see these warnings color coded in the affected areas on the map. If you tap on it, you will get a summarized version of the advisory or warning, and you can tap it for more detailed information.
Here are some example images from the weekend and as recent as few hours ago dealing with Hurricane Sandy.
Key Features (Free):
• Complete, vector-based;
• Advisories, watches, and warnings for: Severe Storms, Tornadoes, Wildfires, Earthquakes, Winter Weather, Extreme Temperatures, Tropical Storms, Hurricanes, Typhoons, Volcanoes, Tsunami, Wind, 911 Outages, Fog, Flooding, Civil Emergencies, Nuclear Power Plant Warnings, Law Enforcement Warnings, Local Emergencies, Child Abduction Emergencies, Avalanches, and more.
Radar (IAP):
Displays animated weather radar around your current location, allowing you to quickly see what weather is coming your way.
Key features:
• High resolution radar. Stunning and sharp images.
• Full, animated radar from the NWS for the entire U.S.
Satellite (IAP):
Satellite images provide an excellent view on the clouds in the sky and an indication of the weather over the North American continent, Europe, Japan, Indonesia and Australia.
• Satellite data comes from GOES 13, GOES 15, METEOSAT and MTSAT satellites
• Radar images delayed up to 30 minutes for the U.S, Japan, Indonesia and Australia
• Radar images delayed up to 3 hours for Europe
Sea surface temperature (IAP):
Provides useful information for Fisherman, Divers, Surfers, Sailors, Lifeguards, boaters, and anyone that needs to know the water temperatures near them.
• Provides sea surface temperature based on buoys and satellite maps
• Provides zoom and pan functionality
Weather (IAP):
Allows you to easily pan and zoom so you can get unmatched detail of weather in your neighborhood or half a world away.
Key Features:
• Provides current weather conditions and a weather forecast up to 10 days ahead for cities all over the world.
• Zoom in and find all the local weather stations surrounding your chosen location. Travel the world and find live weather conditions displayed for exotic locations. Switch between your favorite locations. These things help to make travel easy!
Features include:
• Current weather conditions and temperatures on top of the interactive maps
• Long-term 10-day weather forecast
Earthquakes (IAP):
Provides near realtime updates of the latest earthquakes across U.S., Worldwide.
Key Features:
• Generates a real-time map of earthquakes that have occurred over the past day in the world. The map includes the the strength of any earthquake with a magnitude over 1.0.
• Uses data from multiple agencies worldwide, including the USGS, and the EMSC.
What's New in Version 1.2
• iOS 7 support
• New way of finding and adding places
• Animated cloud cover for Europe, Japan, Australia
• The application size reduced by almost 15%
• Also included are some small fixes and performance improvements
Customer Reviews
🌈My ☔Favorite ⚡Weather ⛅App☀
To quickly and easily see what is currently happening anywhere in the country this is the best app. Graphically shows info where NWS severe alerts are in effect. After using many others for 18 months this SINGLE APP is my most used and my favorite mobile weather app. very easy to use. I added radar but use its not really needed because of the colored advisory graphing. thank you much and I commend you on a WELL done job. I suggest that a map for ⚡lightning⚡strikes is soon added. Please don't make this app require above iOS 6. 🌈
Best basic weather app ever!
This is a great app don't get me wrong. The only issues are that if I want the satelite immage, I have to curl the page before I could get it. Also it is missing the play radar. You know like on other weather apps you can have it move the radar automaticly instead of you having to do it manually. Other than that I couldn't ask for a better weather map. Must get if wanting basic and somewhat detailed map. Thank You App Creator.
Too bad each map is overpriced
This app is ok. It would have been great if the extra maps weren't individually overcharged. Most quality weather apps are just the usual dollar or two and you get everything.
The colors and outlines around the effected counties for warnings, watches, etc need to be enhanced. Some can be difficult to see (especially the light yellows and beiges).
Bottom line: Support apps that provide a single fair price for full functionality - this app doesn't. Look elsewhere. There are a lot of apps that provide everything this app does for no more than a dollar.
- Free
- Category: Weather
- Updated: Aug 30, 2013
- Version: 1.2
- Size: 18.7 MB
- Languages: English, Albanian, Arabic, Armenian, Azerbaijani, Belarusian, Catalan, Croatian, Czech, Danish, Dutch, Finnish, French, Georgian, German, Greek, Hebrew, Hungarian, Italian, Japanese, Kazakh, Korean, Latvian, Lithuanian, Mongolian, Persian, Polish, Portuguese, Romanian, Russian, Simplified Chinese, Slovak, Spanish, Swedish, Thai, Turkish, Ukrainian
- Seller: Elecont LLC
- © 2007-2015 Elecont LLC
Compatibility: Requires iOS 5.0 or later. Compatible with iPhone, iPad, and iPod touch.
Top In-App Purchases
- Radar: Hi-Def doppler weather radar (U.S.)$0.99
- Weather Map: current weather and 10-day forecast (Worldwide)$0.99
- Special offer: Weather, Radar, Satellite, Sea surface temps, Earthquakes$1.99
- Earthquakes: USGS and EMSC (Worldwide)$0.99
- Satellite cloud cover$0.99
- Sea surface temperatures$0.99


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October 23, 1978
UNITED STATES of America
Norman TURKISH, Jules Nordlicht, Michael A. Kellogg, Frank Knell, Donald B. Conlin, Defendants
Defendant Norman Turkish has moved for dismissal of the indictment against him or for suppression of evidence, claiming that the attorneys who represented him in the investigatory phases of this case had a conflict of interest, that he did not waive any rights to object to the conflict, and that the government exploited the conflicted position of his prior attorneys.
An evidentiary hearing was held before me on July 12 through 14, 1978. On the basis of the evidence (or lack thereof) adduced at the hearing, I have determined that defendant's motion should be denied. This memorandum sets forth the reasons for that denial.
In June, 1976 the New York County District Attorney initiated an investigation ("the investigation") into the Crude Oil Market on the Cotton Exchange.
Bear Stearns & Co. ("Bear Stearns") is a company which, Inter alia, acts as broker and dealer in the trading of commodities futures. In connection with the investigation, a grand jury subpoena duces tecum was served upon Bear Stearns in August, 1976; the subpoena called for the production of certain records relating to trades in the Crude Oil Market.
Turkish is a limited partner of Bear Stearns, and he specializes in commodities futures. The law firm of Paul, Weiss, Rifkind, Wharton & Garrison ("Paul Weiss") was retained by Bear Stearns in August, 1976 and represented Bear Stearns and various Bear Stearns employees, including Turkish, throughout the investigations by the District Attorney and the United States Attorney's office.
On April 13, 1978 indictments were filed against Turkish and others in New York County and in this court. The federal indictment charged him with conspiracy to defraud the United States, evasion of income tax and filing of false tax returns.
When Turkish was indicted, Paul Weiss suggested to him that he obtain new counsel and actively assisted him in a painstaking search, recommending to him, among others, the attorneys who represented him in making this motion.
The United States Attorney's Office used before the federal grand jury and plans to use at trial evidence obtained by the District Attorney, in addition to evidence obtained through its own investigation begun in February, 1978.
Turkish's motion arises out of the representation by Paul Weiss during the investigations not only of Turkish but also of Bear Stearns and other Bear Stearns employees. Turkish contends that the multiple representation violated Canon 5 and related rules of the American Bar Association's Code of Professional Responsibility (as amended 1976) ("the Code") in that Paul Weiss had a conflict of interest in its multiple representation.
He further contends that the District Attorney
and the government exploited his attorneys' allegedly conflicted position.
In the criminal context multiple representation is always troubling. After indictment the situations will be rare indeed where conflict of interest does not exist, whether or not it has yet become apparent. See, e.g., Salomon v. LaVallee, 575 F.2d 1051, 1053 (2d Cir. 1978), "the perils of joint representation for co-defendants at trial have become increasingly clear." Before indictment the potential for conflict is always there although identification of the areas of potential conflict may be considerably more difficult since precise charges are not available to pinpoint those areas.
Judicial scrutiny in the criminal context of multiple representation by attorneys, and of conflict or potential conflict of interest in connection therewith, has been focussed to date on the stages of 1) pre-indictment grand jury investigation and 2) trial. Judicial attention has generally been directed to multiple representation of witnesses before grand juries by prosecutors who claim that such representation impedes the grand jury's investigation. See, e.g., In re Taylor, 567 F.2d 1183 (2d Cir. 1977). In the trial stage the issue has been raised by defendants, who claim that conflicts in multiple representation situations have deprived them of the effective assistance of counsel, (Salomon v. LaVallee, supra; United States v. Carrigan, 543 F.2d 1053 (2d Cir. 1976); United States v. Mari, 526 F.2d 117 (2d Cir. 1975), Cert. denied, 429 U.S. 941, 97 S. Ct. 359, 50 L. Ed. 2d 311 (1976)), and by appointed counsel who protest that they cannot effectively represent multiple defendants in a criminal trial (Holloway v. Arkansas, 435 U.S. 475, 98 S. Ct. 1173, 55 L. Ed. 2d 426 (1978).
With respect to post-indictment situations certain procedures have evolved and are still evolving. While a person in a criminal context is entitled to counsel of his choice (United States v. Sheiner, 410 F.2d 337, 342 (2d Cir.), Cert. denied, 396 U.S. 825, 90 S. Ct. 68, 24 L. Ed. 2d 76 (1969)), the court is required to ascertain, when more than one defendant is represented by the same counsel, "whether a conflict exists to the degree that a defendant may be prevented from receiving advice and assistance sufficient to afford him the quality of representation guaranteed by the Sixth Amendment." Each defendant is to be "fully advised by the trial court of the facts underlying the potential conflict and be given the opportunity to express his views." United States v. Carrigan, supra, 543 F.2d at 1055. If, after being advised, a defendant opts to continue with the joint representation, he bears the burden, in a post-trial challenge, to show that prejudice has resulted. If there has been no inquiry, the government bears the burden of showing that there was no prejudice. Salomon v. LaVallee, supra, 575 F.2d at 1055.
In the grand jury investigation phase, problems surface less frequently, and the evolution of ground rules has been less obvious. The Court of Appeals for this Circuit has suggested the applicability of the post-indictment procedures to problems which arise in the grand jury context. See In re Taylor, supra, 567 F.2d at 1186.
As one regresses from the trial context through grand jury investigation to the initial stages of a prosecutor's investigation, resort to a court for assistance and guidance becomes more difficult. No charges have been formulated, the direction the investigation is to take may not have been charted, and, so far as persons touched by the investigation are concerned clients and counsel alike the guideposts may be scarcely visible. Is it a serious investigation? What information does the prosecutor have? What is he after? Whom is he after? Is there any reason to be concerned? How concerned? Resort may be had to the prosecutor to seek answers to these questions, but most will probably remain unanswered because the prosecutor is unwilling, or perhaps more often unable, or perhaps both, to respond.
Often persons called by a prosecutor in the initial stages of an investigation do not seek counsel, when they would have been well advised to do so. Where several have been summoned they may seek joint counsel. Expense will invariably be a factor obviously joint representation is more economical. If those summoned in the investigation work for an entity, the entity may retain counsel to represent itself and its employees and officers, as did Bear Stearns herein. If the investigation comes to naught this works out well; if the investigation culminates in indictment of some of those jointly represented hindsight often perhaps almost invariably indicates that separate representation from the outset would have been advisable.
But in the initial stages of an investigation, who is to catalyze consideration of the possibility of separate representation for those who are called or interviewed? The individuals who are jointly represented know what they did and did not do, but they may not know the importance of individual representation. The jointly retained attorney, if he is experienced in criminal matters often he is not may well believe that individual representation from the outset is advisable. But he knows only what he has been told by the individuals he represents, and if any of the individuals has done or omitted to do things which may expose such an individual to indictment, the chances are very good that he will not inform counsel particularly if the jointly retained attorney is being paid by the individual's employer. The prosecutor in the early stages of an investigation may have no idea where, or to whom, the investigation will lead. Until grand jury proceedings begin there is no judge related to the matter who can act as a catalyst.
Constitutional rights are, to be sure, not violated by multiple representation of those called in the early stages of a criminal investigation, but if the investigation ultimately culminates in the indictment of one or more, but less than all, of those jointly represented, those indicted may turn out to have been less than adequately represented. A catalyst is needed to alert those threatened by the criminal process to the need for individualized, and independent, representation. With no judge involved the only possible catalysts are the attorney retained on a multiple representation basis and the prosecutor.
Multiple representation and potential problems associated therewith are addressed under Canon 5 of the Code, which mandates "Exercise (of) Independent Professional Judgment on Behalf of a Client." Disciplinary Rule 5-105 instructs that a lawyer should decline employment or should cease multiple employment "if it would be likely to involve him in representing different interests . . . (unless) it is obvious that he can adequately represent the interest of each (client) and . . . each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each." See also A.B.A. Standards Relating to the Defense Function 3.5 (Approved Draft, 1971); Code Ethical Considerations EC 5-14 through 5-20.
The Code recognizes that "(w)hether a lawyer can fairly and adequately protect the interests of multiple clients . . . depends upon an analysis of each case. In certain circumstances, there may exist little chance of the judgment of the lawyer being adversely affected by the slight possibility that the interests will become actually differing . . . ." EC 5-17. See also Holloway v. Arkansas, supra, 435 U.S. at 482, 98 S. Ct. at 1178, "(I)n some cases multiple defendants can appropriately be represented by one attorney; indeed, in some cases, certain advantages might accrue from joint representation."
That multiple representation may be appropriate does not excuse defense counsel from raising the question of a possible conflict with the clients involved in the multiple representation. The clients then may object or consent to the multiple representation.
The Supreme Court has held, in connection with waiver of one's Sixth Amendment right to effective assistance of counsel, that "determination of whether there has been an intelligent waiver . . . must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." Johnson v. Zerbst, 304 U.S. 458, 464, 58 S. Ct. 1019, 1023, 82 909 L. Ed. 1461 (1938). These factors are appropriate also in determination of whether a client has consented to multiple representation.
Paul Weiss attorneys were called as witnesses at the hearing on Turkish's motion to dismiss, but Paul Weiss itself was not a party and hence did not participate in the examination of witnesses or in the presentation of evidence. I make no finding, therefore, with respect to whether Paul Weiss' representation during the investigation accorded with the requirements of Disciplinary Rule 5-105, except to note that I have not found, and counsel have not drawn my attention to, any cases in which the question of multiple representation in the course of the initial stages of a criminal investigation has attracted judicial scrutiny.
The Code can also be read to place responsibility upon the prosecutor with respect to multiple representation in a criminal investigation. Canon 1 imposes upon every lawyer this would include prosecutors the duty to "Assist in Maintaining the Integrity and Competence of the Legal Profession." Violation of DR 5-105 constitutes a violation of Disciplinary Rule DR 1-102(A), which provides that "A lawyer shall not Violate a Disciplinary Rule." Under Disciplinary Rule 1-103(A), "(a) lawyer possessing unprivileged knowledge of a violation of DR 1-102 shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation."
See also Estates Theatres, Inc. v. Columbia Pictures Indus., Inc., supra, 345 F. Supp. at 98.
In the situation where an indictment has been filed, the case is then before a court, and if a defense counsel is involved in multiple representation in apparent violation of DR 5-105, the government must notify the court. See DR 1-103(A). Where no indictment has been filed and the conduct is not in connection with an appearance before a grand jury, recourse to the court is difficult. And since there is an active criminal investigation under way, it is also difficult to identify any appropriate "other authority empowered to investigate or act upon such violation" the secrecy which a criminal investigation requires might prevent recourse to any grievance committee.
In most instances, the prosecutor will not know whether or not defense counsel has raised with his clients the conflict problem. He therefore will not know whether DR 5-105 and so DR 1-102 have been violated and whether it is necessary to alert the client. Some supplemental procedure is necessary to anticipate and to provide against conflicts of interest which may inhere where there is multiple representation of those called in connection with a pre-grand jury criminal investigation. In such situations, in my judgment, the prosecutor should initially raise the question of the danger of conflict of interest in connection with multiple representation with the attorney who represents several clients and, if that does not prove fruitful, with the clients themselves.
See, e.g., Securities & Exchange Com'n. v. Csapo, 174 U.S.App.D.C. 339, 343, 533 F.2d 7, 11 (1976) (Lumbard, J., sitting by designation): "The SEC properly fulfilled its duty by informing those who came before it whether their lawyer had appeared on behalf of others and, if so, the possible conflicts which might arise."
The prosecutor's action or actions should be memorialized in written memoranda. If he has contact with the clients, it should if possible take place in the presence of the clients' attorney.
Moreover, the prosecutor should limit the communication to the clients to raising the prospect of a conflict of interest and should refrain from discussing the subject matter of the representation.
In the case at bar, the prosecutor made no overtures to Turkish suggesting the possibility of conflict until February, 1978, some 20 months after the investigation began, and 10 months after Turkish had first been interviewed by that office and had been notified that he was a target of the investigation. In Paul Weiss' presence Assistant District Attorney Baumeister told Turkish that he believed that Paul Weiss, in representing not only Turkish but also Bear Stearns and other Bear Stearns personnel, had a potential conflict of interest.
However, the failure by the prosecutor earlier to raise the conflict problem with Turkish is not grounds, in the context of this case, for the dismissal or suppression sought by Turkish.
Turkish is an intelligent, experienced individual who goes about the selection of lawyers very carefully. Although Paul Weiss was retained by Bear Stearns, Turkish had had prior experience with that law firm: Kleinbard of Paul Weiss, who worked on the Bear Stearns and Turkish representations in connection with the Crude Oil investigations, had previously been retained by Turkish to represent him in a personal matter. Turkish knew very well that Paul Weiss would be representing Bear Stearns and other Bear Stearns officers and employees. He knew that Paul Weiss' posture in the representation would be one of cooperation with the District Attorney's Office since he was consulted with respect to, and participated in the adoption of, that posture. At that stage both Turkish and Bear Stearns denied (as Turkish does today) any knowledge of wrongdoing. Bear Stearns acted in the Crude Oil Market only through Turkish, and both were professedly interested in seeing the District Attorney's Office educated in the intricacies of commodities trading in general and the Crude Oil Market in particular so that its representatives would be persuaded that there was no wrong-doing and would go away.
There was no evidence submitted at the hearing of actual conflict of interest. To the extent that there was a potential conflict of interest, I find Turkish was aware of it. He chose to continue to have Paul Weiss represent him, thereby waiving any objection he might have to that representation.
No evidence was offered at the hearing before me of any specific damage which has been suffered by Turkish as the result of the multiple representation. Thus there was no evidence that the District Attorney (or the government) has received information which it would not otherwise have received, nor that Turkish followed a course of conduct during the pre-indictment stage which he would not otherwise have pursued. There is no evidence that Paul Weiss represented him otherwise than it would have represented him if he had been its only client.
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Greenville, Tennessee police officer Herbert Eugene Miller, 44 (pictured above), faces child pornography charges after investigators discovered that he used the computer in his patrol car to look at pictures of young girls, reports the Smoking Gun.
SEE ALSO: Texas Deputy Allegedly Rapes Woman In Front Of Her Children [VIDEO]
According to a forensic review broadly outlined in a criminal complaint filed on August 15, Miller knowingly received and possessed at least 80 images of child pornography, and his searches include 'fifth grade girls,' 'naked middle school girls,' 'young puffy nipples,' and 'hot high school girls naked.'
According to FBI Agent Bianca Pearson, Miller worked July 27, 2013, 7:00 p.m. to July 28, 2013, 3:00 a.m. At approximately 1:48 a.m., a call came in and Miller joined other officers (who were driving separate cars) in responding. From the initial time of the call to it's conclusion at 2:18 a.m., there was no internet activity in Miller's car.
Miller was arrested and charged with two felony counts of receiving and possessing of child pornography. He made his first appearance in magistrate court on Thursday, and is expected in federal court next Wednesday.
His employment with the Greenville Police Department has reportedly been terminated.
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Early Monday morning, Frank Ocean launched a surprise video on his website. Later in the morning, the stream evolved from a still image of a work desk to Ocean cutting up wood while a minimal instrumental plays in the background. Not much else has happened during the stream, other than Ocean on his Pier 1 Imports game, working with wood and doing other Home Depot-esque tasks.
Why is he doing this? No one knows. But it seems reasonable to assume that it has something to do with his long-awaited sophomore album, which fans hoped would be coming in July. Now it's August 1 and there's still no new music, but Ocean is working. Like literally working on some mysterious structure that makes you think he had to have some sort of training.
With a little digging, it appears that that Ocean's high school, John Ehret High School, in New Orleans, did indeed offer a number of wood workshop classes. In fact, there are three courses—Advanced Wood Technology, Basic Wood Technology, and Drafting I/III—that gave students a chance to hone their woodworking and engineering skills. Having graduated over 10 years ago, it's difficult to glean whether or not Ocean actually took any of these classes, and if he did, whether or not he excelled in the subject. As of now, the school has yet to respond to Complex's request for comment about Ocean's time at the school and the state of its shop classes.
Since Twitter is the greatest, a tweet from user @Mishkwan, in March, surfaced this morning with a clue about what Ocean is plotting. The tweet reads, "This dude at a bar told me he's teaching Frank Ocean how to build a staircase for a music video." So, does that mean Frank didn't take the classes in high school? Is he only now making up for lost time? Did he always want to take wood shop, but didn't have the time? These are the questions we're trying to answer during this mysterious time. Meanwhile, Frank Ocean is hard at something. He might have a belt sander. It looks like he needs an assistant. We obviously have too much time on our hands.
For now, you can watch the live-stream of Frank Ocean's personal wood workshop right here.


text:
Nov 21, 2012
KC the Juggernaut Profile
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Recent Posts
i have no idea what you are talking about Sir. (Dec 31, 2012 | post #23667)
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(Dec 31, 2012 | post #23665)
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i think Kanye's mind went south when he lost his mother. every since then, he became different. his character is different. his taste in women is different. hell, his music is even different. i always loved his music but i don't care too much about the BS he puts out now. (Dec 31, 2012 | post #23648)
i hope you have fun GF. peace to you too. (Dec 31, 2012 | post #23602)
0D (Dec 31, 2012 | post #23601)
they be hatin' on ya New. i guess you must be this big hottie that they wish they were. lol (Dec 31, 2012 | post #23597)
another lie...you lose! your word was already taken. (Dec 31, 2012 | post #23596)
need me to come tuck you in? ;) (Dec 31, 2012 | post #23595)
lol what's up New? i'm feeling just dandy thank's for asking. oh my, if you spoke back then may you have my upmost apology. well anyway tootes, HAPPY NEW YEAR'S BABY DOLL.....WOOP WOOOOOOOOOP! (Dec 31, 2012 | post #23593)
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- Standard Room, 2 Single Beds
- Privilege, Standard Room, 1 Queen Bed
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At a glance
Key facts
Hotel size
- This hotel has 103 rooms
- This hotel is arranged over 6 floors
- Check-in time 3 PM-midnight
- Check-out time is noon
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Pets allowed *
- Free WiFi in public areas
- Free WiFi in rooms
- Self parking *
Nearby Four Star Cologne hotels
In the hotel
- Buffet breakfast daily (surcharge)
- Restaurant
- Bar/lounge
- Coffee shop/café
- Room service (during limited hours)
- Golfing nearby
- Hiking/biking trails nearby
- Business center
- Number of meeting rooms - 4
- Meeting rooms 4
- 24-hour front desk
- Dry cleaning/laundry service
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Multilingual staff
- Number of buildings/towers - 1
- Year Built 1988
- Elevator/lift
- Safe-deposit box at front desk
- Designated smoking areas
- Terrace
- Accessible bathroom
- In-room accessibility
In the room
- Air conditioning
- Coffee/tea maker
- Hypo-allergenic bedding available
- Blackout drapes/curtains
- Private bathroom
- Shower/tub combination
- Free toiletries
- Hair dryer
- Flat-screen TV
- Digital TV channels
- Desk
- Free WiFi
- Phone
- Refrigerator
- Free bottled water
- Daily housekeeping
Top Cologne hotels
Recently reviewed hotels in Cologne
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- Stage47From
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- Derag Livinghotel DüsseldorfFrom
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Also popular with travelers from the USA
Special features
DiningElferrat - This restaurant specializes in international cuisine and serves breakfast, lunch, and dinner. Guests can enjoy alfresco dining (weather permitting).
Elferrat - Onsite bar.
Mercure Hotel Köln City Friesenstraße, Cologne's small print
Also known as
- Friesenstraße
- Friesenstraße Köln
- Köln City
- Köln Friesenstraße
- Mercure Hotel Köln City Friesenstraße Cologne
- Mercure Hotel Köln City Friesenstraße
- Mercure Köln City Friesenstraße Cologne
- Mercure Köln City Friesenstraße
Mandatory fees
You'll be asked to pay the following charges at check in or check out:
- A city tax is imposed by the city of Cologne. Business travelers with proof of business-related travel are exempt from this tax. For more details, please contact the property using the information on the reservation confirmation received after booking.
Optional extras
Self parking costs EUR 18 per day
Buffet breakfast is offered for an extra charge of EUR 19 per person (approximately)
Pets are allowed for an extra charge of EUR 10 per pet, per day
High-speed Internet access (wired) is available in guestrooms for EUR 18 per night (rates may vary)
High-speed Internet access (wired) is available in public areas for EUR 18 per day (rates may vary)
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.0 /5 from 320 reviews
Decent stay, shower head broke on first use, tough time getting staff to fix it in the day. Internet was free, but horrible quality, couldn't get a connection unless I was in the bathroom or in an odd corner of the room, and even then it was quite slow. I needed to use the wifi to check and send a work emai and I had to sit in the toilet to get it to barely work and send a normal message in 30 minutes.
Close to the center city. Breakfast was great !! The room service was pressed to clean to the rooms and rush us out to clean the rooms on the 2 days we stayed. Overall the hotel is ok !!
The hotel staff were very pleasant
Good location to stay as you can access a lot from here. Typical accommodations for this chain so no surprises there. However, there are a number of night clubs on the street which were'nt open when we were there. Knowing weekend frivolity typical of German cities, I can see noise being a factor. We were there on a Tuesday night and could hear some revelers (for a Tuesday!). So if you want a totally quiet night, that may be an issue for you. That said, this is a good place to stay.
Mercure Hotel is overall OK for the price category. Good service, good breakfast. The main reason why I wouldn't stay in this hotel again is that the wifi internet is by far the worst I've seen in a really long time. If you're fine with that, this hotel is OK. Otherwise, stay away.
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January 20, 2011
PENNSYLVANIA CHIROPRACTIC ASSOCIATION, ET AL., PLAINTIFFS,v.BLUE CROSS BLUE SHIELD ASSOCIATION, ET AL., DEFENDANTS.
The plaintiffs in this case are chiropractic physicians and an occupational therapist who have provided services to members of health care plans insured or administered by the defendants, professional associations whose members are chiropractic physicians, a residential treatment facility, and one subscriber to a health care plan.*fn1 The defendants are Blue Cross and Blue Shield of America (BCBSA) and individual Blue Cross and Blue Shield entities (BCBS entities). BCBSA is a national umbrella organization that facilitates the activities of individual BCBS entities. Individual BCBS entities insure and administer health care plans to Blue Cross and Blue Shield customers (BCBS insureds) in various regions.
Plaintiffs allege that defendants improperly took money belonging to plaintiffs. They allege that defendants would initially reimburse plaintiffs for services they provided to BCBS insureds and then sometime afterward would make a false or fraudulent determination that the payments had been in error and would demand repayment from plaintiffs. If plaintiffs refused to return the payment as demanded, defendants would force recoupment by withholding payment on other, unrelated claims for services plaintiffs provided to other BCBS insureds. The subscriber plaintiff, Katherine Hopkins, who recently intervened in the case, alleges that she was held liable for portions of a bill for services she received at a hospital after her insurer demanded recoupment from the chiropractic provider who treated her.
Plaintiffs filed their first amended complaint on November 16, 2009. In it, plaintiffs alleged that defendants' actions violated the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Employee Retirement Income Security Act (ERISA), as well as Florida state law. On May 17, 2010, the Court granted a motion by defendants to dismiss the RICO claims for failure to state a claim.
Plaintiffs filed a second amended complaint on June 29, 2010. The second amended complaint reasserted the RICO and ERISA claims from the first amended complaint. Plaintiffs added a claim of RICO conspiracy and an ERISA claim on behalf of Hopkins and the putative class of subscribers she represents. The Court granted a motion by defendants to dismiss the RICO claims and Hopkins' ERISA claim against WellPoint, Inc., a BCBS entity.
On July 27, 2010, defendants filed a motion to dismiss the second amended complaint on various grounds pursuant to Federal Rule of Civil Procedure 12(b)(6).
This decision addresses defendants' motion to dismiss the claims asserted by plaintiff Dr. Peri Dwyer and associational plaintiffs Florida Chiropractic Association (FCA) and International Chiropractors Association (ICA), or, in the alternative, to compel arbitration. For the reasons stated below, the Court denies the motions.
1. Motion regarding Dwyer and FCA
Defendants move to dismiss Dwyer and FCA's claims, or, in the alternative, compel arbitration of those claims, on the ground that Dwyer and FCA members entered into mandatory arbitration agreements with defendant Blue Cross and Blue Shield of Florida, Inc. (BCBSF). In response, Dwyer and FCA assert that defendants forfeited their right to arbitration.
The Federal Arbitration Act (FAA) declares that as a matter of federal law, arbitration agreements "shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U.S.C. § 2. There is a presumption in favor of arbitrability: "as with any other contract, the parties' intentions control, but those intentions are generously construed as to issues of arbitrability." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626 (1985).
"A party may waive a contractual right to arbitrate expressly or implicitly." Halim v. Great Gatsby's Auction Gallery, 516 F.3d 557, 562 (7th Cir. 2008) (citation omitted). To determine whether a party has waived arbitration, courts "examine the totality of the circumstances and determine whether . . . the party . . . has acted inconsistently with the right to arbitrate." Sharif v. Wellness Int'l Network, Ltd., 376 F.3d 720, 726 (7th Cir. 2004) (internal citation omitted). "Although several factors may be considered in determining waiver, diligence or the lack thereof should weigh heavily in the decision -- 'did that party do all it could reasonably have been expected to do to make the earliest feasible determination of whether to proceed judicially or by arbitration?'" Ernst & Young LLP v. Baker O'Neal Holdings, Inc., 304 F.3d 753, 756 (7th Cir. 2002) (emphasis removed) (quoting Cabinetree of Wis., Inc. v. Kraftmaid Cabinetry, Inc., 50 F.3d 388, 391 (7th Cir. 1995)).
Plaintiffs assert that defendants waived their right to arbitration by waiting nearly eight months to request arbitration and by, in the interim, filing comprehensive motions to dismiss Dwyer and FCA's claims on the merits. The Court first considers the issue of defendants' delay.
"[L]engthy delay can lead to an implicit waiver of arbitration." Welborn Clinic v. Medquist, Inc., 301 F.3d 634, 637 (7th Cir. 2002) (citation omitted). In Cabinetree, the Seventh Circuit held that a party waived its right to arbitrate when it removed a case to federal court and waited eight months before requesting arbitration. Cabinetree of Wis., Inc., 50 F.3d at 391. The Court reasoned:
There is no plausible interpretation of the reason for the delay except that [defendant] initially decided to litigate its dispute with [plaintiff] in the federal district court, and that later, . . . [defendant] changed its mind and decided it would be better off in arbitration. Neither in its briefs nor at oral argument did [defendant] give any reason for its delay in filing the stay besides needing time "to weigh its options." That is the worst possible reason for delay. It amounts to saying that [defendant] wanted to see how the case was going in federal district court before deciding whether it would be better off there or in arbitration. Selection of a forum in which to resolve legal disputes should be made at the earliest possible opportunity in order to economize on the resources, both public and private, consumed in dispute resolution. Parties know how important it is to settle on a forum at the earliest possible opportunity, and the failure of either of them to move promptly for arbitration is powerful evidence that they made their election -- against arbitration. Except in extraordinary circumstances not here presented, they should be bound by their election.
As in Cabinetree, defendants' delay provides powerful evidence that they elected to proceed in a judicial forum. The first amended complaint added Dwyer and FCA as plaintiffs on November 16, 2009. Four of the other defendants moved this Court to compel additional plaintiffs to arbitrate their claims as early as December 31, 2009. Nonetheless, defendants waited nearly eight months after the filing of the first amended complaint to seek arbitration of Dwyer and FCA's claims.
BCBSF acknowledges that it was aware of its right to pursue arbitration by December 2009 and contends that it waited until July 2010 to file the present motion because of "uncertainty" in the law regarding class arbitration. Defs.' Reply Br. in Support of Mot. to Dismiss or Alt. Compel Arb. at 5-6, 9. In explanation, BCBSF cites the Ninth Circuit's decision in Shroyer v. New Cingular Wireless Service,498 F.3d 976 (9th Cir. 2007), which held that a class arbitration waiver provision was unconscionable under California law and that the FAA did not render invalid a court's refusal to enforce the provision. Id. at 992-93. BCBSF claims to have filed the present motion after the Supreme Court clarified in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010), that "a party may not be compelled under the FAA to submit to class arbitration unless there is a contractual basis for concluding that the party agreed to do so." Id. at 1775(emphasis in original).
As a preliminary matter, this Court disagrees that Seventh Circuit law on the availability of class arbitrations was uncertain prior to Stolt-Nielsen. To the contrary, it was quite clear, and it was favorable to the defendants. See Champ v. Seigel Trading Co., 55 F.3d 269, 275 (7th Cir. 1995) (holding that "section 4 of the FAA forbids federal judges from ordering class arbitration where the parties' arbitration agreement is silent on the matter"). More importantly, anticipation of favorable new legal authority does not authorize a party to delay the decision of whether to pursue a judicial or arbitral forum. Instead, the party must "make the earliest feasible determination of whether to proceed judicially or by arbitration," Ernst & Young LLP, 304 F.3d at 756, given the state of the law when the suit is filed.
Defendants' citation to Cabinetree is unavailing. In Cabinetree, the Seventh Circuit identified several circumstances that may render a case "abnormal" such that a party's invocation of judicial process should not be construed as a waiver. Id. First, a party may have legitimate "doubts about arbitrability, and fear that should the doubts be resolved adversely the statute of limitations might have run." Id. Second, "[t]he shape of the case might so alter as a result of unexpected developments during discovery or otherwise." Id. Neither circumstance applies here. Defendants acknowledge repeatedly that they were aware of their right to pursue arbitration by December 2009, and they do not cite any unexpected developments to justify their delay.
The Court turns next to the impact of defendants' filing of motions asking this Court to dismiss the claims of the plaintiffs, including Dwyer and FCA. The Seventh Circuit "has explicitly held that simply moving to dismiss a case does not waive one's right to arbitrate." Halim, 516 F.3d at 562. Courts nonetheless "do not want parties to forum shop, taking a case to the courts and then, if things go poorly there, abandoning the suit in favor of arbitration." Welborn Clinic, 301 F.3d at 637. Accordingly, the Seventh Circuit has held that the filing of a dispositive motion may support a finding of waiver. See, e.g., St. Mary's Med. Ctr. of Evansville, Inc. v. Disco Aluminum Prods.
Co., 969 F.2d 585, 589-91 (7th Cir. 1992) (defendant waived arbitration by waiting ten months to request arbitration and filing a motion to dismiss the case on the merits because "[a] party may not normally submit a claim for resolution on one forum and then, when it is disappointed with the result in that forum, seek another forum"); Auto. Mechanics Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc., 502 F.3d 740, 747 (7th Cir. 2007) (defendant's "motion for summary judgment, which said nothing about venue or arbitration, was an implicit waiver of any argument for dismissing on either of those grounds").
The Court agrees with Dwyer and FCA that defendants "acted inconsistently with the right to arbitrate" by asking the Court to dismiss Dwyer and FCA's claims on the merits. Defendants filed a motion to dismiss Dwyer and FCA's RICO and ERISA claims and sought to dismiss FCA for lack of standing. BCBSF also sought dismissal of plaintiffs' Florida law-based claims. It was only after this Court returned unfavorable rulings on defendants' motions to dismiss the ERISA and Florida law claims that defendants filed the present motion. The Court concludes that this conduct, in combination with defendants' delay, amounted to a waiver of their right to arbitrate.
The cases defendants cite in support of their position are distinguishable. First, in Leff v. Deutsche Bank A.G., No. 08 C 733, 2009 WL 1380819 (N.D. Ill. May 14, 2009), the court held that litigants did not waive arbitration when they moved to dismiss a case "prior to receiving the discovery that alerted them to the arbitration agreements." Id. at *3. In this case, by contrast, defendants admit that they were aware of the right to arbitrate at the time they filed their motions to dismiss. Second, in National Loan Exchange, Inc. v. LR Receivables Corp., No. 08 C 527, 2009 WL 466459 (S.D. Ill. Feb. 25, 2009), the court held that defendants did not waive arbitration when they filed a "perfunctory, easily disposed-of challenge to the merits of Plaintiffs' claims" and sought to compel arbitration within several months of receiving service of the lawsuit. Id. at *10. In this case, by contrast, defendants' motions to dismiss were comprehensive rather than "perfunctory," and they waited nearly eight months before requesting arbitration.
Defendants argue that they did not waive the right to arbitrate Dwyer and FCA's claims because no prejudice to Dwyer and FCA resulted from their actions. In support, they cite Horwitz, Schakner & Associates, Inc. v. Soleski, No. 87 C 9789, 1989 WL 96511 (N.D. Ill. Aug. 11, 1989), for the proposition that the filing of a motion to dismiss does not result in waiver when it causes no prejudice to the opposing party. That case, however, was decided, prior to the Seventh Circuit's decision in St. Mary's Medical Center of Evansville, Inc., which clarified that "where it is clear that a party has foregone its right to arbitrate, a court may find waiver even if that decision did not prejudice the non-defaulting party." St. Mary's Med. Ctr. of Evansville, Inc., 969 F.2d at 590; see also Cabinetree of Wis., Inc., 50 F.3d at 390 ("To establish a waiver of a contractual right to arbitrate, a party need not show that it would be prejudiced if the stay were granted and arbitration ensued.").
For these reasons, the Court denies defendants' motion to dismiss or compel arbitration of Dwyer and FCA's claims.
2. Motion regarding ICA
ICA is a professional association representing a membership of chiropractors. Defendants argue that ICA lacks standing to sue under Article III of the United States Constitution and, in the alternative, move to compel arbitration of ICA's claims.
The "case or controversy" standing requirement under Article III, section 2 of the Constitution requires a plaintiff to establish a cognizable injury that is causally related to the alleged conduct of the defendant and redressable by judicial action. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 (2000). An association may satisfy these elements by asserting claims that arise from injuries it sustained itself. See, e.g., Babbitt v. United Farm Workers Nat'l Union, 442 U.S. 289, 299 n.11 (1979). Alternatively, an association may pursue claims as a representative of its members if the members would otherwise have standing to sue in their own right; the interests the association seeks to protect are germane to the organization's purpose; and neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. Hunt v. Wash. State Apple Advert. Comm'n, 432 U.S. 333, 343 (1977). In this case, ICA asserts standing solely as a representative of its members.
The parties do not dispute that ICA satisfies the first two elements of the Hunt test. Defendants argue, however, that ICA fails to satisfy the third element of the test because its claims require the participation of individual members in the lawsuit. Specifically, defendants contend that some of ICA's members signed provider agreements with mandatory arbitration provisions and that to adjudicate ICA's claims, the Court will have to determine which members are bound by those provisions.
ICA counters that enforcement of any mandatory arbitration provisions signed by its members would violate an ERISA regulation, 29 C.F.R. § 2560.503-1. Subsection
(c) of that regulation states:
The claims procedures of a group health plan will be deemed to be reasonable only if . . .
(4) The claims procedures do not contain any provision for the mandatory arbitration of adverse benefit determinations, except to the extent that the plan or procedures provide that:
(I) The arbitration is conducted as one of the two appeals described in paragraph
(c)(2) of this section and in accordance with the requirements applicable to such appeals; and
(ii) The claimant is not precluded from challenging the decision under section 502(a) of the Act or other applicable law.
Id. § 2560.503-1(c).
The regulation applies to "employee benefit plan procedures pertaining to claims for benefits by participants and beneficiaries (hereinafter referred to as claimants)." 29 C.F.R. § 2560.503-1(a); see also 29 U.S.C. § 1132(a)(1)(B). A "beneficiary" is "a person designated by a participant . . . who is or may become entitled to a benefit" under the plan. 29 U.S.C. § 1002(8). A health care provider satisfies the definition of a "beneficiary" if the provider has obtained a valid and enforceable assignment from a plan participant. DeBartolo v. Health & Welfare Dept. of Const. & Gen. Laborers' Dist. Council, No. 09 C 0039, 2010 WL 3273922, at *3 (N.D. Ill. Aug. 17, 2010); see also Kennedy v. Conn. Gen. Life Ins. Co., 924 F.2d 698, 700 (7th Cir. 1991). ICA alleges that its member-providers received assignments from plan participants and that they thus qualify as "beneficiaries" for purposes of the regulation.
Defendants have failed to respond this argument. "The failure to develop an argument constitutes a waiver." Weinstein v. Schwartz, 422 F.3d 476, 477 n.1 (7th Cir. 2005) (citing Kramer v. Banc of Am. Sec., LLC, 355 F.3d 961, 964 n.1 (7th Cir. 2004)); see also Econ. Folding Box Corp. v. Anchor Frozen Foods Corp., 515 F.3d 718, 721 (7th Cir. 2008) (noting that it is not the duty of the courts to construct parties' legal arguments for them). Defendants have thus forfeited any argument that the arbitration provisions are enforceable.
For this reason, adjudication of ICA's claims will not require the individual participation of its members. The Court will not have to determine which ICA members are bound by arbitration provisions in provider agreements, because any such arbitration provisions are unenforceable in the present circumstances under section 2560.503-1(c). ICA therefore satisfies the third element of the Hunt test and has standing to bring its claims.
For the foregoing reasons, the Court denies defendants' motion to dismiss or compel arbitration as to plaintiffs Dwyer, FCA, and ICA [docket no. 226].
MATTHEW F. KENNELLY United States District Judge
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