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December 29, 2009
EDWARD LEMPA PLAINTIFF,v.ROHM AND HAAS COMPANY, DEFENDANT.
I. Introduction and Procedural Background
Plaintiff Edward Lempa ("Plaintiff"), a former employee of Defendant Rohm and Haas Company ("Defendant" or "RH"), has sued RH for a severance benefit offered under a Severance Benefit Program ("SBP") contained in the RH Retirement Plan ("Plan"). Plaintiff, who retired from RH in March 2003, filed his complaint in May 2005, contending that he was constructively discharged in order to prevent him from receiving a SBP benefit in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq. and the age discrimination provisions of the Pennsylvania Human Relations Act ("PHRA"), 43 Pa. C.S.A. § 951, et seq. Plaintiff also pled breach of contract claims in the first complaint. In an Order dated March 20, 2007, the Hon. R. Barclay Surrick granted a motion to dismiss the contract claims as preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), because the SBP benefit was part of an ERISA plan. In that same Order, Judge Surrick granted leave for Plaintiff to amend his complaint by adding a claim under Section 510 of ERISA, 29 U.S.C. § 1140, for unlawful interference with benefits. Plaintiff filed his amended complaint on April 20, 2007. On May 9, 2007, Plaintiff filed a motion for leave to file a second amended complaint to add a breach of fiduciary duty claim under Section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3). In both the existing Section 510 claim and the proposed Section 502(a)(3) claim, Plaintiff sought the SBP severance money as part of his relief.
On May 23, 2007, Defendant filed an opposition to Plaintiff's motion to add the Section 502(a)(3) fiduciary duty claim. On May 25, 2007, Defendant moved to dismiss Plaintiff's existing Section 510 claim. On December 7, 2007, Defendant filed a motion for summary judgment. On April 28, 2009, this matter was transferred to the docket of Judge C. Darnell Jones II. On July 6, 2009, the Court denied Plaintiff's motion for leave to file a second amended complaint, leaving only the three existing counts in the amended complaint. On July 14, 2009, the Court granted Defendant's motion to dismiss Count III (ERISA section 510 claim) of the amended complaint, leaving only the ADEA and PHRA age discrimination claims. Briefing has concluded, and now before the Court is Defendant's pending motion for summary judgment on those remaining claims (Docket No. 34).
Upon close and careful consideration of the parties' lengthy briefs and statements of facts, the Court concludes that there are no disputes of material fact that would present a genuine issue for trial, and finds that Defendant is entitled to summary judgment as a matter of law. Accordingly, for the reasons discussed infra, the Court will grant the motion.
II. Facts
The Court will detail the facts it has concluded to be undisputed. Many of these facts come directly from (or are not contradicted by) Plaintiff's own deposition and relevant exhibits. This case involves a lengthy factual scenario, and Plaintiff asserts a number of disputes of material fact. Upon close examination, however, the Court does not find such to exist. In fact, the Court finds that in an effort to zealously advocate on his own behalf, Plaintiff has artfully characterized some of the facts to appear material and genuinely in dispute, yet, an in-depth analysis indicates such disputes do not exist. Additionally, Plaintiff has relied upon allegations and argument without specific record support. "A party will not be able to withstand a motion for summary judgment merely by making allegations; rather, the party opposing the motion must go beyond its pleadings and designate specific facts by use of affidavits, depositions, admissions, or answers to interrogatories showing there is a genuine issue for trial." In re IKON Office Solutions Inc. Securities Litigation, 277 F.3d 658, 666 (3d Cir. 2002).*fn1
Nevertheless, where Plaintiff has claimed that a particular material fact is indeed in genuine dispute, the Court will address such assertion in a footnote. If the Court does not discuss a fact at all, it is because the Court has concluded that such fact is irrelevant or immaterial and thus not worthy of discussion.
Plaintiff was born on July 27, 1941. (Pl. Dep. at 4).*fn2 He began working for RH in May 1967. On February 25, 2003, Plaintiff informed RH that he intended to retire, and subsequently retired effective March 31, 2003. (Pl. Dep. at 5). At the time of his retirement, Plaintiff was sixty-one (61) years old and had thirty-five (35) years of service with RH.
Plaintiff worked in different jobs and at different sites during his RH employment. In 1994, Plaintiff transferred from the Philadelphia Plant to a salaried Electrical/Instrumentation ("E/I") technician position at the Bristol Plant. In late 1999, Bristol Plant Maintenance Manager Curt Diehl ("Diehl") asked Plaintiff to assume a temporary foreman position supervising E/I mechanics. (Diehl Dep. at 56-57).*fn3 In or about May 2000, Plaintiff was promoted to E/I shop foreman in the Bristol Plant Maintenance Department with foreman responsibilities over the E/I mechanics. (Pl. Dep. at 38). In connection with that promotion, Plaintiff received a $2000 annual salary increase. (Pl. Dep. at 49). From May 2000 until March 2003, Plaintiff worked as the E/I shop foreman at the Bristol Plant. There was a separate mechanical shop at the Bristol Plant, which included pipe fitters, machinists, and riggers that was supervised by a mechanical shop foreman, Fred Gillen. (Pl. Dep. at 38-41). Until October 2002, the two Bristol Plant maintenance shop foremen reported to Diehl. The Bristol Plant, which manufactured chemicals, organizationally also had a Production Department, which at all material times was supervised by Production Manager Todd Salerno ("Salerno"). Plaintiff understood that in his job as E/I shop foreman, his customers were the Production managers in need of E/I maintenance. (Pl. Dep. at 79-80).
The SBP is provided under the RH Plan (Pl. Dep., ex. 14). Article XI of the Plan provides for a special Involuntary Early Retirement Pension benefit for plan participants who retire on an "Involuntary Early Retirement Date" before December 31, 2003, and it is that benefit that is commonly referred to as the SBP. (Pl. Dep., ex. 14 at p. 37). Section 11.2.1 of the Plan makes clear that eligibility for the SBP is contingent upon certain qualifying events, specifically "job elimination, reduction in workforce, restructuring, reorganization or other similar nonperformance related reasons (including, but not limited to, redefining the essential functions of a position)." (Id.) The SBP calculation is described in Section 11.1.2 of the Plan, which provides for a cash lump sum payment calculated by multiplying a percentage (4% for each year of service up to a maximum of 100%) by the participant's annual salary. (Id.)
A Summary Plan Description ("SPD") for the Plan was issued to employees in May 2002. (Pl. Dep., ex. 13). The SPD presents the SBP eligibility requirements as follows:
The "SBP", or Severance Benefit Program, provides a special benefit to you if you are 100% vested in your benefit and if you also meet all of the following requirements: ... you are formally notified that your employment with the Company is being terminated for a non-performance related reason, including but not limited to:
- job elimination; - a change in the essential requirements of your position; - reduction in workforce; or
- Company reorganization or restructuring. (Pl. Dep., ex. 13 at p.12). Accordingly, eligibility for a SBP depends on RH taking the aforementioned specified action and not on the desire of any particular employee to obtain special benefits. (Id.) Specifically, the SPD states, "You are not able to 'volunteer' for the SBP -- you must be informed by management that you are scheduled for termination for any of the above reasons." (Id.) The Plan documents identify conditions that would render a participant ineligible to receive a SBP. (Pl. Dep. at exs. 13, 14). Section 11.3 of the Plan states that a participant "shall NOT be eligible to be an IERD Participant if any of the following conditions apply:
11.3.1. The Participant's employment is terminated for failure to satisfactorily perform the essential duties of the individual's employment, a violation of law (other than a traffic violation or other minor civil offense), or behavior that the Participating Employer determines constitutes a material breach of any Participating Employer policy or provision of the Employee Code of Business Conduct, and including, by way of example and without limitation: dishonesty; conduct detrimental to the Participating Employer's best interests; a material conflict of interest; revealing confidential or proprietary information of the Participating Employer; or abuse of the voucher or reimbursement processes of the Participating Employer." (Pl. Dep., ex. 14 at p.38).*fn4 The SPD also cautions employees: "Before making any decision that may affect the amount and timing of a distribution to you from the Plan, you should be sure to consult with the Rohm and Haas Benefits Center or your local Human Resources representative." (Pl. Dep., ex. 13 at p.1).
In 2003, RH provided health care benefits for eligible active and retired employees under the Rohm and Haas Company Health and Welfare Plan (the "HW Plan"). (Ex. E). The eligibility requirements for retiree health care benefits under the HW Plan are set forth in Appendix B to the HW Plan, which provides under Article I, Section 1.6:
"Eligible Retiree" means, for purposes of determining eligibility to continue to receive retiree medical, dental or life insurance Benefits under the Group Health Benefits under the Plan, any of the following Former Employees:
1.6.1 Eligible Former Legacy Rohm and Haas Employees Retiring On or Before December 31, 2003 Who Meet the Following Conditions: . (b) 60/15 Employees. The Employee (I) has been credited with 15 or more aggregate years of Benefit Service, (ii) retired after attaining age 60, and (iii) was actively employed on the date they attained age 60. (Ex. E at D480). For those employees (like Plaintiff) who satisfied the age and service elements, the HW Plan imposes no other conditions or eligibility criteria for retiree health care. (Id.)
The term "Eligible Former Legacy Rohm and Haas Employees" is defined in Section 1.10 of Appendix B to the HW Plan as "any former employee of a Rohm and Haas Company location who retired in good standing from such location, and who was, at the time of retirement, an Eligible Employee as defined in Article I of the Plan proper." (Ex. E at D482). Article I, Section 1.19 of the HW Plan (i.e., the "Plan proper") defines an Eligible Employee as one who is "scheduled to perform at least 20 hours of service on a weekly basis for the Company." (Ex. E). The SPD for retiree health care benefits, entitled "Your Retiree Benefits," presents a limited basis for disqualification for retiree health care benefits: "You should be aware that employees or retirees may forfeit all Company-paid health coverage, including any dependent coverage, in cases where there is gross misconduct that would constitute grounds for immediate termination of employment." (Pl. Dep., ex. 3 at p.3). Similarly, the SPD for the HW Plan states that employees who satisfy age and service requirements are eligible for retiree health care: As a retired employee of Rohm and Haas, you are eligible for Company-sponsored health and dental coverage throughout retirement if you: . were at least age 60 and had completed at least 15 years of service when you retired. (Pl. Dep., ex. 3 at p.2). Nothing in the HW Plan or the SPD for retiree health care benefits states that an employee who satisfies the age and service elements for the retiree health care benefit would lose eligibility for retiree health care if he/she was terminated for poor performance. (Pl. Dep. at ex. 3; Ex. E). No one at RH ever told Plaintiff he would not receive retiree health care benefits if he was terminated for poor performance. (Pl. Dep. at 36-37).*fn5
At the time he was promoted to the E/I shop foreman position in May 2000, Plaintiff understood that his E/I technician position was going to be eliminated in a restructuring, and that therefore he would likely be eligible for a SBP. (Pl. Dep. at 195-196). Prior to accepting the foreman position, Plaintiff asked Diehl whether the SBP would still be "available" to him in that position. (Pl. Dep. at 197). Specifically, Plaintiff asked Diehl, "Well, find out if down the road the SBP is still going to be available." (Id.) Diehl later told Plaintiff that Plaintiff would still be eligible to get a SBP in the future if his new job was eliminated.*fn6 (Id.) Plaintiff never received anything in writing that promised or guaranteed a SBP. In May 2000, Plaintiff wanted to keep working for RH; it was his intention (which he shared with Diehl) that he wanted to continue to work until he reached "the magic number of 62," i.e., July 2003, at which time he would become eligible for Social Security. (Pl. Dep. at 203-204).*fn7
During 1999 to 2002, there were a number of recurring areas of improvement/deficiencies identified in Plaintiff's performance evaluations. In Plaintiff's 1999 review, Diehl stated three areas of "Challenges/Improvements" for Plaintiff to work on in 2000, including "enforce the need for each mechanic to communicate job status/completion of job to process foreman;" "drive cultural change toward proper break times and lunch times, as per contract rules;" and "[c]onsistently complete a weekly safety sample." (Pl. Dep. at 225-226 and ex. 20). Plaintiff admits that these challenges identified by Diehl were reasonable to expect of Plaintiff in his new role as E/I shop foreman that he assumed in 2000. (Pl. Dep. at 227-28). In Plaintiff's performance review for 2000, Diehl identified a number of "Challenges/Improvements" for 2001 that, just like his prior list of "Challenges/Improvements" for 2000, reiterated that Plaintiff needed to: "Explain and enforce the need for each mechanic to communicate job status/completion of job to process and/or utilities foremen;" "Continue to drive cultural change toward proper break times and lunch times, as per contract rules;" and "Consistently complete a weekly safety sample." (Pl. Dep. at ex. 21). In addition, Diehl identified three new "Challenges/Improvements for 2001": "Day to day communication of job status with production Planners/Schedulers, Shift Foreman, Utilities Foreman and other managers;" "Complete the task of moving the E/I shop by end of March 01;" and "Timely submittal of 'as built' electrical diagrams to our design room, upon upgrades to field wiring." (Pl. Dep. at 230 and ex. 21). Plaintiff admits that all of these "Challenges/Improvements" for 2001 were reasonable to ask of him in his job as E/I shop foreman. (Pl. Dep. at 230). Diehl's handwritten attachment to this 2000 review of Plaintiff listed six (6) areas "to improve," including: the need to do weekly safety samples; the need to begin the preventative maintenance (PM) program; the need to improve the productivity of the mechanics; and the need for mechanics to complete computer based training (CBT). (Pl. Dep. at ex. 21).
As part of this 2000 review, Diehl also provided Plaintiff with a separate list of "Expectations for 2001." (Pl. Dep. at 240-41 and ex. 24). Among other things, this list of expectations reiterated the need to complete safety sample audits, to promote housekeeping practices and conduct housekeeping audits, and to "interface" with maintenance and production planners/schedulers. (Pl. Dep. at ex. 24). Plaintiff admits that all of the expectations identified by Diehl for 2001 were fair and reasonable. (Pl. Dep. at 241). In his review of Plaintiff's performance for 2001, Diehl presented a number of "Key Development Improvement areas" that had been identified in prior reviews, such as, "Consistently complete weekly safety sample"; "Foster/engage in professional dialogue with production contemporaries"; "Keep production planner/schedulers informed of shop repairs when equipment is down." (Pl. Dep. at 239-40 and ex. 23). Plaintiff admits that these improvement areas were all reasonable expectations. (Pl. Dep. at 239). As in 2001, at the beginning of 2002, Diehl also provided Plaintiff with a written list of expectations, much of which mirrored the expectations list for 2001. (Pl. Dep. at 241-42 and ex. 25). Plaintiff admits that this list of expectations for 2002 was fair and reasonable. (Pl. Dep. at 241-242).
When Diehl was the Bristol Plant Maintenance Manager, he sent customer satisfaction surveys to the Maintenance customers (e.g., Production Managers) (Diehl Dep. at 94-95). The few surveys returned to Diehl pertaining to Plaintiff were generally negative. (Pl. Dep. at ex. 26). For example, in one survey dated December 2000, Plaintiff was rated a 1/poor in customer focus/interest and a 2/fair in interpersonal skills with a written comment that Plaintiff "need[ed] to be more customer oriented." (Id.) Another survey dated December 2000 rated Plaintiff a 2/fair in customer focus/interest with a written comment that Plaintiff is "not proactive at all" and rated Plaintiff a 2/fair in interpersonal skills with a written comment that "lots of B.S. given when asking about progress on jobs." (Id.)
In September 2002, there was a change in senior management responsibilities for the Bristol Plant. (Montg. Dep. at 6-10). The former Area Manager for the Bristol Plant was let go, and for the last three and a half months of 2002, Bristol Site Manager Montgomery assumed the additional responsibilities of the Bristol Plant Area Manager. (Montg. Dep. at 6-9). At that time, Montgomery concluded that the performance of the Bristol Plant was "significantly inadequate," and he told the Bristol leadership team that changes needed to be made and performance standards had to be raised. (Montg. Dep. at 28-29). As Montgomery put it, there was "a significant change in calibration of what was acceptable." (Montg. Dep. at 29). Montgomery identified a disconnect between the way in which managers at the Bristol Plant viewed their performance, and the way in which he viewed their performance. (Id.) Montgomery testified, "I think in general the [the Bristol Plant organization] felt internal to themselves that they were doing an adequate job, but from an outside perspective, including the business's perspective, the organization was not doing an acceptable job." (Id.) Therefore, Montgomery instituted higher standards and raised expectations applying to all employees at the Bristol Plant. (Montg. Dep. at 30). Plaintiff acknowledges that the heightened performance standards under Montgomery applied to everyone at the Bristol Plant, including Production and Maintenance. (Pl. Dep. at 168-69). For example, Michael "Smith,"*fn8 a Production foreman at the Bristol Plant who reported up to Salerno, was terminated under the raised performance standards by Salerno on May 14, 2003. (Salerno Dep. at 140-44). Plaintiff knew Smith to be much younger than him; at the time Smith was discharged, Smith was 43, i.e., 18 years younger than Plaintiff. (Pl. Dep. at 149-150; Answer to Plaintiff's Interrogatory No. 5 at Exhibit I in Defendant's Appendix). Smith did not receive a SBP. (Ex. I, supra).*fn9
In September 2002, there was an offsite performance feedback meeting attended by Montgomery and by all the Production and Maintenance managers at the Bristol Plant, such as Salerno and Diehl. (Diehl Dep. at 138-141). At that offsite meeting, Diehl received "very strong" negative feedback about Plaintiff's performance from the customers in the Production Department. (Id.) Diehl summarized that feedback from Plaintiff's customers in an October 2002 performance review, which review he delivered to Plaintiff shortly before he transferred to a different position at the adjacent Croydon facility. (Diehl Dep. at 138-41; Pl. Dep. at ex. 8). Plaintiff admits that the source of the customer feedback and the deficiencies identified in Diehl's October 2002 review was the negative feedback from the Production managers at the September 2002 offsite meeting. (Pl. Dep. at 79-80). Diehl gave Plaintiff this performance review on or about October 17, 2002. (Pl. Dep. at 57). In that review, Diehl identified a number of "Deficiencies in current role," including: "Completing assigned tasks in a timely manner"; developing a shift turnover log; improving housekeeping within the shop area; completing safety samples in a timely fashion; moving bulging Freon drums into a shed; and having a mechanic fill out proper paperwork. (Pl. Dep. at ex. 8). In this review, Diehl also wrote that Plaintiff continued to have poor communication with customers, particularly production managers. (Id.) Plaintiff admits that all of the deficiency areas identified for improvement in the October 2002 review were reasonable (with the exception of the uniform policy that Plaintiff could not control). (Pl. Dep. at 67-68, 75, 77-79). Specifically, Plaintiff admits that he was not doing one safety sample per week (id. at 67); and that developing a shift turnover log was a reasonable request (id. at 68), as was housekeeping within his shop (id. at 75), moving bulging Freon drums (id. at 77), and having the RV (or relief valve) mechanic complete proper paperwork (id. at 78-79). The October 17, 2002 review also had a section entitled "Customer satisfaction feedback indicates frequent poor results, overall." (Pl. Dep. at ex. 8). The customer feedback was that Plaintiff had "poor communications of work status with managers"; had "poor interaction with key managers," such as the Production Managers; demonstrated "poor initiative to correct productivity problems within the E/I shop"; and demonstrated "poor initiative in driving safety performance of mechanics." (Pl. Dep. at ex. 8). Plaintiff admits that it was reasonable to expect of him to have good communication of work status with Production Managers; to have good interaction with key managers; and to exhibit initiative in improving mechanic productivity and driving safety. (Pl. Dep. at 80-82). Diehl cautioned Plaintiff that, "[i]f you do not show improvement and add more value to this organization over the course of the next 3 to 4 months, you may find yourself being asked to leave." (Pl. Dep. at ex. 8). Finally, Diehl noted that the current site manager (Montgomery) was not in favor of granting Plaintiff a SBP because "[i]t is not company policy to grant SBP's as a way to remove poor performers from our ranks." (Id.)
Plaintiff did not respond to this October 17, 2002 performance evaluation or the stern warning therein by quitting or seeking a transfer. Rather, Plaintiff continued in his role as E/I shop foreman. Plaintiff's view was that the proper response to his negative October 2002 review was to go out and do a better job. (Pl. Dep. at 63-64).
After Diehl left for the new job at the Croydon Plant, Production Manager Salerno assumed the additional responsibilities of the Maintenance Manager position. (Salerno Dep. at 10-12; Salerno Decl. at ¶1). Plaintiff admits that Salerno acted professionally toward him in all interactions from October 2002 through March 2003 when Plaintiff retired. (Pl. Dep. at 83-84). On January 12, 2003, Plaintiff sent Salerno an e-mail message stating that he had "decided to retire if I am offered the Severance Benefits Package." (Pl. Dep. at 209-210 and ex. 15). Plaintiff describes this e-mail as "my notice to Salerno and the rest of the group that I was interested in retiring." (Pl. Dep. at 209). Because Salerno was not familiar with the terms of the SBP, he forwarded Plaintiff's January 12, 2003 e-mail to the Human Resources department and did not respond to it. (Salerno Dep. at 91-95).
On February 14, 2003, Plaintiff received an annual performance review from Salerno in a meeting also attended by Holt from Bristol Human Resources. (Pl. Dep. at 84-85 and ex. 9). Both Salerno and Holt acted professionally toward Plaintiff during this meeting. (Pl. Dep. at 99-100). In that written review, Salerno first tracked Plaintiff's performance with respect to the areas of needed improvement identified in Diehl's October 2002 review, and concluded that none of those items had been accomplished (except for the moving of bulging Freon drums to the catalyst shed). (Pl. Dep. at ex. 9). Salerno gave Plaintiff an overall rating of unsatisfactory with a strong message that Plaintiff's performance had to improve immediately (i.e., within 30 days).*fn10
(Id.) Salerno did not leave his expectations for performance improvement to generalities. (Pl. Dep. at ex. 9). Rather, at the end of the February 2003 review, Salerno spelled out seven specific changes Plaintiff would be required to "demonstrate as a requirement for continued employment." (Id.) These specific changes included several carryover items from reviews dating back to 1999-2000 (e.g., need to improve housekeeping; need to complete weekly safety samples) and also included other items such as: the need to monitor progress on E/I jobs; the need to track and chart planned versus actual hours spent on E/I jobs; and the need to document the number of hours charged to particular work orders. (Id.) Salerno spent the majority of the February 2003 performance meeting addressing these specific improvement areas so Plaintiff "clearly understood where he had to improve."*fn11 (Salerno Dep. at 108-109). Significantly, Plaintiff admits that each of the specific changes Salerno listed in the February 2003 review was reasonable and could be accomplished. (Pl. Dep. at 103-113). In this review, Salerno also committed to meeting with Plaintiff weekly to review performance. (Pl. Dep. at ex. 9).*fn12
The Bristol Human Resources manager inserted a sentence in this February 2003 review that essentially repeated the statement from Diehl's October 2002 review that the SBP could not be used as a vehicle to remove poor performers. (Salerno Decl. at ¶2). Plaintiff was not told that he would not receive a SBP if his job was eliminated in a reorganization or restructuring, and he otherwise satisfied the eligibility terms for a SBP benefit.*fn13 (Salerno Decl. at ¶2). In January-March 2003, Plaintiff was never notified that his job was being eliminated as a result of a job elimination/restructuring, nor was there a plan in place to eliminate Plaintiff's job.*fn14 (Pl. Dep. at 189-192; Salerno Decl. at ¶2; Mont. Dep. at 70-71, 89-90).
A day or two after the February 2003 performance meeting, Plaintiff met separately with Holt to discuss what actions he could take to save his job. (Pl. Dep. at 140). Holt advised him to go over the items listed in his review, "make a list and present it back to Salerno." (Pl. Dep. at 140). Based on Holt's advice, Plaintiff prepared a plan for addressing the specific improvement areas identified in his performance review and presented that plan to Salerno on February 21, 2003. (Pl. Dep. at 114-17, 140-41 and ex. 10). Plaintiff discussed his plan with Salerno, who told him it was a good plan. (Pl. Dep. at 116-17; Salerno Dep. at 118). Plaintiff felt that it was possible to accomplish the action items identified in the plan he submitted to Salerno. (Pl. Dep. at 117).
The October 2002 and February 2003 performance reviews contained warnings that Plaintiff might be fired if he did not improve his performance. There is no record evidence to the contrary (i.e., that RH intended to fire Plaintiff). In comparison, for example, Mr. Smith was given a "Notice of Intent to Terminate for Continued Poor Performance," which concluded with the statement "we have decided to terminate your employment." (D701-702). Plaintiff has simply not created a dispute as to whether he received such a notice or that he was verbally told he was being fired. As of February 21, 2003 when he submitted his plan to Salerno, Plaintiff felt that if he continued to show significant improvement in the areas reflected in his plan, then he would be afforded additional time to continue to improve his performance. (Pl. Dep. at 256). As of February 21, 2003, Plaintiff's plan was to stay at RH and try to save his job. (Pl. Dep. at 117-18). Plaintiff admits that no one from RH ever told him that he was going to be fired. (Pl. Dep. at 102).
In February 2003, Robert Stewart, the new Area Manager for the Bristol Plant, decided with Salerno to develop a Maintenance Supervisor position for the Bristol Plant. (Salerno Decl. at ¶3). This new Maintenance Supervisor position was posted in February 2003. (Salerno Decl. at ¶6 and ex. 1). As described in this posting, the scope of supervisory responsibility for this new job was broader than the E/I area (managed in his foreman role by Plaintiff) and encompassed the entire Maintenance Department. (Id.) In contrast to Plaintiff's job as E/I shop foreman in which Plaintiff was expected to participate in and support activities within his E/I area, this new supervisor position was expressly intended to lead those activities for the entire Maintenance Department. (Salerno Dep. at 49-50). Since this new job reported to Salerno, it was not a replacement for Diehl. (Salerno Decl. at ¶5). Rather, this new position was developed because Salerno needed help supervising the entire Maintenance Department.*fn15 (Id.) Accordingly, this new job was intended to be an intermediate supervisory position between Salerno and the Maintenance Department shop foreman. (Id.) The new position was not Plaintiff's job. (Salerno Decl. at ¶5; Montg. Dep. at 91-92).*fn16 In or about March 2003, Stewart and Salerno hired Robert O'Brien for this new position. (Salerno Decl. at ¶7). Mr. O'Brien's date of birth is August 24, 1947 (i.e., only a few years younger than Plaintiff). (Ex. I). After seeing the job posting for the Maintenance Supervisor position, Plaintiff asked Salerno why that position had been posted. (Pl. Dep. at 119). According to Plaintiff, Salerno told him, "[d]on't worry about it." (Pl. Dep. at 120). Plaintiff was not told by Salerno or anyone else at RH that the new Maintenance Supervisor job posting was for his E/I shop foreman position. (Pl. Dep. at 123, 125).*fn17
Despite being told by Salerno on February 21, 2003 that he had developed a good performance improvement plan, Plaintiff decided to retire.*fn18 (Pl. Dep. at 118-19). Plaintiff communicated his decision to retire in an e-mail to Salerno dated February 25, 2003, which read, "I have notified Human Resources, Janice Holt, today of my desire to retire. The date will be March 31, 2003, however, with my vacation and comp time I have left, I can't guarantee that I will be working through to the thirty first." (Pl. Dep. at exh. 1). Plaintiff retired so as to preserve his eligibility for retiree health care; as Plaintiff testified, he retired to "protect my investment that I had with Rohm and Haas at the time . I had medical benefits that I would take with me if I retired that I would lose if I was fired." (Pl. Dep. at 8). Plaintiff never received a document saying he would lose eligibility for retiree health care if he was terminated for poor performance. (Pl. Dep. at 35-37). No one at RH told Plaintiff before Plaintiff announced his retirement that he would lose his health care benefits if he was terminated for poor performance. (Pl. Dep. at 35-37). Plaintiff admits that he chose to retire only on his assumption that he would lose his retiree health care benefits if he was terminated for poor performance. (Pl. Dep. at 56). The only other reason that Plaintiff retired was his assumption that his E/I shop foreman job was being posted in the February 2003 posting for a Maintenance Supervisor that encompassed all maintenance trades (i.e., not just E/I). (Pl. Dep. at 118-119). No one at RH told Plaintiff that the new Maintenance Supervisor job posting was for Plaintiff's E/I shop foreman job. (Pl. Dep. at 123, 125).*fn19
III. Summary Judgment Legal Standard
Under Fed. R. Civ. P. 56(c), summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to a material fact and that the moving party is entitled to a summary judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Fed. R. Civ. P. 56(c). In order to defeat a motion for summary judgment, disputes must be both (1) material, meaning concerning facts that will affect the outcome of the issue under substantive law, and (2) genuine, meaning the evidence must be such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Summary judgment is mandated "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322-23. An issue is genuine if the fact finder could reasonably return a verdict in favor of the non-moving party with respect to that issue. Anderson, 477 U.S. at 248. In reviewing a motion for summary judgment, the court "does not make credibility determinations and must view facts and inferences in the light most favorable to the party opposing the motion." Seigel Transfer, Inc. v. Carrier Express, Inc., 54 F.3d 1125, 1127 (3d Cir. 1995).
IV. Discussion
The ADEA prohibits employers from discriminating against individuals in hiring, discharge, compensation, term, conditions, or privileges of employment on the basis of their age. See 29 U.S.C. § 623(a)(1).*fn20 Age discrimination may be established by direct or indirect evidence. See Connors v. Chrysler Fin. Corp., 160 F.3d 971, 972 (3d Cir.1998). The prima facie elements for a claim of age discrimination under the ADEA are: the plaintiff "(1) was a member of a protected class, i.e., the employee was over forty; (2) was qualified for the position; (3) suffered an adverse employment decision; and (4) was ultimately replaced by a person sufficiently younger to permit an inference of age discrimination." Duffy v. Paper Magic Group, Inc., 265 F.3d 163, 167 (3d Cir. 2001); Gray v. York Newspapers, Inc., 957 F.2d 1070, 1078 (3d Cir. 1992). To survive a motion for summary judgment, the evidence must be "sufficient to convince a reasonable factfinder to find all of the elements of [the] prima facie case." Id. (quoting Keller v. Orix Credit Alliance, Inc., 130 F.3d 1101, 1108 (3d Cir. 1997) (en banc)).
Where, as here, Plaintiff was not terminated (i.e., in a indirect evidence situation), Plaintiff must establish that he was constructively discharged in order to satisfy the "adverse employment decision" element of a prima facie case. The necessary predicate to maintain a constructive discharge claim is that there were conditions of discrimination so intolerable that a reasonable person would have felt compelled to resign. Konstantopoulos v. Westvaco Corp., 112 F.3d 710, 718 (3d Cir. 1997); Goss v. Exxon Office Systems Co., 747 F.2d 885, 887-88 (3d Cir. 1984); see also, e.g., Tunis v. City of Newark, 184 Fed. Appx. 140, 141 (3d Cir. 2006) (same). The standard for evaluating claims of constructive discharge is an objective one: "a court must determine whether a reasonable jury could find that the [employer] permitted conditions so unpleasant or difficult that a reasonable person would have felt compelled to resign." Duffy, 265 F.3d at 167 (quotation marks and citation omitted); see also Gray, 957 F.2d at 1079 ("We employ an objective test in determining whether an employee was constructively discharged from employment: whether the conduct complained of would have the foreseeable result that working conditions would be so unpleasant or difficult that a reasonable person in the employees shoes would resign."); see also Schafer v. Bd. of Pub. Educ., 903 F.2d 243, 248-50 (3d Cir. 1990); Levendos v. Stern Entertainment, Inc., 860 F.2d 1227, 1230 (3d Cir. 1988); Spangle v. Valley Forge Sewer Auth., 839 F.2d 171, 173 (3d Cir. 1988).*fn21 For purposes of establishing a constructive discharge:
"Intolerability" is not established by showing merely that a reasonable person, confronted with the same choices as the employee, would have viewed resignation as the wisest or best decision, or even that the employee subjectively felt compelled to resign; presumably every resignation occurs because the employee believes that it is in his best interest to resign. Rather, intolerability . . . is assessed by the objective standard of whether a reasonable person in the employee's position would have felt compelled to resign, -- that is, whether he would have had no choice but to resign.
Connors, 160 F.3d at 976 (internal quotation marks and citation omitted). Negative, uncomfortable, or stressful work environments are not objectively "intolerable" to support a claim of constructive discharge, and the Court agrees with Defendant that the Third Circuit has emphasized that the standard for establishing a constructive discharge is a very demanding one.
In Duffy, for example, the plaintiff alleged that a "pattern of discriminatory treatment" forced her to resign. That alleged pattern of age discrimination was presented to the court in a ten-item list that included: the plaintiff not being considered for a promotion; negative remarks about the plaintiff's age by her supervisors (e.g., "she was getting older and wasn't remembering things as she got older"); understaffing in the plaintiff's department which required the plaintiff to work longer hours; the exclusion of the plaintiff from a training seminar for managers and removal from work-related committees; the exclusion of the plaintiff from the hiring process for her department; and the denial of overtime to the plaintiff that was given to others. Duffy, 265 F.3d at 167-68. In her deposition, the plaintiff testified that she "just couldn't take it anymore" and that in her opinion, she "was just being forced out." Id. at 171. While the court acknowledged that this work environment was stressful, it noted that "a stressful environment does not amount to a constructive discharge." Id. at 170. In affirming a summary judgment dismissal of the ADEA constructive discharge claim, the court held that the plaintiff's "situation does not reach the threshold of 'intolerable conditions.' Although certainly stressful and frustrating, the alleged conduct would not compel a reasonable person to resign." Id. at 169. As to the ageist comments directed at the plaintiff, the court held: "Although these comments were inappropriate, they were not sufficiently derogatory or offensive to compel a reasonable person to resign." Id. at 170.
In Connors, the plaintiff's claim of constructive discharge was based, in part, on ambiguity in a general offer of continued employment following a merger and uncertainty over whether that offer was "definitive." Yet, since the plaintiff did not adequately attempt to resolve his uncertainty through questions to the new merged entity, the Court affirmed the summary judgment dismissal of the ADEA constructive discharge claim:
[T]o the extent that the general offer of employment can be labeled ambiguous, Connors had a duty to attempt to clarify the situation before retiring. Conners did not try, and so he cannot rely on any ambiguity to support his constructive discharge claim. . [I]n most situations, a prerequisite to a successful constructive discharge claim is that the plaintiff attempted to explore alternatives before electing to resign. 160 F.3d at 975 (quotation marks and citation omitted).*fn22
Under this analytical rubric, Plaintiff's claims based on constructive discharge cannot survive summary judgment. The facts reveal that Plaintiff's constructive discharge claim rests on two events -- the February 2003 review given to him by Salerno, and the February 2003 posting of a Maintenance Supervisor position. The Court finds that neither of these two events created an environment that was so objectively intolerable that a reasonable person would have felt compelled to resign.
First, the Court agrees that the February 2003 review tracks prior reviews and stems from negative manager feedback the Plaintiff does not challenge was presented to his superiors well prior to February 2003. Moreover, Plaintiff concedes the February 2003 review was presented in a professional manner (without any reference to age), identified areas for specific improvement, and that Salerno approved the idea of weekly meetings to track Plaintiff's desired improvement. As such, the facts reveal that Plaintiff did not act in accordance with the view that the February 2003 review compelled him to resign. Rather, Plaintiff responded to that review by developing a plan for improvement that he presented to Salerno on February 21, 2003. Accordingly, it is not surprising that Plaintiff admitted that as of that date he planned to stay on at RH. This does not meet a subjective, let alone the required objective, standard for constructive discharge.*fn23
Second, the Court finds that the February 2003 job posting for the Maintenance Supervisor position also fails to meet the standard for a constructive discharge claim. The job posting was not for Plaintiff's job. No one ever told Plaintiff otherwise. To the contrary, and, once again, Plaintiff's erroneous assumptions cannot support a constructive discharge claim.
The record demonstrates that Plaintiff had worries he failed to address, which he coupled with (a) subjective notions unsupported by facts and (b) assumptions concerning RH policies and RH's approach to him and his job. As a result, Plaintiff felt, however erroneously, that it was in his best interest to retire. None of these reasons meets the high objective standard for constructive discharge. Stated differently, Plaintiff has not adduced any evidence to create genuine issues of material fact concerning whether he objectively had no choice (i.e., was compelled) to resign.
Plaintiff is correct that summary judgment should be denied if competing inferences can be drawn from the undisputed facts on material issues. Hunt v. Cromartie, 526 U.S. 541 (1999). However, the Court does not find validly competing inferences here that would prevent a grant of summary judgment in favor of Defendant.
V. Conclusion
For the reasons stated herein, Defendant's Motion for Summary Judgment shall be granted. Judgment shall be entered in favor of Defendant and against Plaintiff. This matter shall be closed.
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FASB Proposes Significant Endowment Reporting Changes
February 22, 2008
On February 22, 2008 the Financial Accounting Standards Board (FASB) released for public comment Proposed FASB Staff Position (FSP) FAS 117-a, Endowments of Not-for-Profit Organizations: Net Asset Classification of Funds Subject to an Enacted Version of the Uniform Prudent Management of Institutional Funds Act, and Enhanced Disclosures. The proposed FSP addresses the accounting implications of the changes made by the Uniform Prudent Management of Institutional Funds Act (UPMIFA). In many states, UPMIFA is beginning to replace the UMIFA (Uniform Management of Institutional Funds Act) as the primary law governing the oversight and management of donor-restricted endowment funds.
The FSP would update guidance in FASB Statement No. 117, Financial Statements of Not-for-Profit Organizations. The proposal would be effective in fiscal year 2008 for the vast majority of independent institutions and the not-for-profit foundations of public institutions. In addition to offering guidance on the net asset classification of donor-restricted endowment funds, the FSP proposes five additional financial statement disclosures:
1. A description of the governing board's interpretation of the law that underlies the net asset classification of donor-restricted endowment funds
2. A description of endowment spending policy(ies)
3. A description of endowment investment policy(ies)
4. An endowment reconciliation by financial statement net asset class that shows cumulative investment returns in the permanently restricted net asset class that relate to the organization's interpretation of relevant law rather than what is required by explicit donor stipulation
5. The composition of an organization's endowment by financial statement net asset classification that shows donor restricted endowment funds separately from board designated endowment funds.
Proposed FSP 117-a has a 60-day comment period. NACUBO encourages independent institutions, public institutions with foundations, and the not-for-profit foundations of public institutions with endowments to comment by the April 18, 2008 deadline. NACUBO will be writing a comment letter and encourages members to share their thoughts by contacting Sue Menditto, director of accounting policy.
For more details, read the entire FSP and plan to attend the NACUBO Webcast on this topic on March 20, 2008, in which FASB staff will participate.
NACUBO Contact: Sue Menditto, director, accounting policy
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Check in from 14h / Check out prior to 11h
Travelodge Deer Lodge: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Deer Lodge, United States.
Travelodge Deer Lodge offers a comfortable setting when in Deer Lodge. It is ideally positioned for guests wanting to visit the area's popular attractions.
Hotel description
The motel has 57 well-appointed rooms that are filled with a variety of essential facilities to ensure guests have an enjoyable stay. Disabled access rooms are available on request.
Each morning, guests can wake up to breakfast served by Travelodge Deer Lodge before heading off to see what the surrounding region has to offer.
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Email this article from PlasticsNews.com
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However, like the Kenzo sweater and Carven cable knit above, the ombre/dip-dye look can be without the mess by simply using different shades of yarn. My favorite knit above is the Carven sweater that switches from white to grey just at the bottom. It completely changes the look of a typical cable knit sweater! So pretty.
Have you ever tried to dye your own yarn? I would love to hear your experiences and what dyes you typically use. I am so excited to give it a try!
I did this with a crocheted bag I made. It's a lot of fun and easy. The results are stunning!
I love that dipped dyed look but never had a go – thanks for sharing x
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I love the ombre look, hadn't thought of doing it myself though! Thanks for the inspiration
I've not tried to dye any yarn yet, but I want to experiment with natural dyes this year. I've been slowly collecting supplies, and I'm growing some dyeing herbs in our greenhouse. I'm so excited to be able to go harvest plants in the backyard to dye yarn with!
Wow I've never seen this before, amazing!!!
Ombre effects do seem to be quite the thing currently. I agree with you about the Kenzo design, and thank you for the link to the natural dying techniques. I've done some tea dying of ivory silk woven fabric and have been really pleased with the subtle results.
Yarn is another story altogether. I might leave that ombre dying to the professionals.
Thank you so much for this post!
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Ombre seems to be everywhere right now and I'm loving it! I so want the ombre beenie…I'll have to attempt my own version.
I tried dyeing sheets for a crocheted rag rug once…did not go over well because I didn't use a mordant! I tried to dye with red wine and yerba mate tea, separate batches of course, but the color washed out mostly. I want to try with wool yarn I've spun a while ago. I've heard using black beans is also really effective! I've never really thought about dip dyeing projects after being knitted, but it makes sense hah!
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The Corrigan House
Talk to a Family Advisor:
COSTSContact for Details
AVAILABILITYSchedule a Tour
PAYMENT OPTIONSContact for Details
Reviews of The Corrigan House
Sandra708785 May 25, 2016
I am a friend or relative of a resident
My brother is in Corrigan House. It is more in the country, but it is in walking distance to stores and stuff. It has an outdoor sitting table for the people. Everybody is smiling and happy when we walk though. It is not just a bunch of people sitting on the chairs like the other places that I see.
Caring107216850 May 26, 2015
I am a friend or relative of a resident
My mom is in Corrigan House, and they make sure she is taken care of over there. It is good. The staffs are very helpful and very nice. My mom gets along with everybody fairly well, so there is no problem. The place is very nice and clean with a friendly staff.
Write a Review
From The Corrigan House
The Corrigan House is an assisted living facility. Assisted living facilities are an apartment-style habitat designed to focus on providing assistance with daily living activities. They provide a higher level of service for the elderly which can include preparing meals, housekeeping, medication assistance, laundry, and also do regular check-in's on the residents. Basically, they are designed to bridge the gap between independent living and nursing home facilities. When thinking about how to pay for care, assisted living facilities are generally less expensive than nursing homes, if assisted living is a viable option for your loved one.
What Makes Us Special
We are locally owned and operated by the Sidari family.
Features of The Corrigan House
Technology and entertainment
- Cable TV in resident's rooms
- Internet in residents' rooms
- Wi-fi in residents' rooms and shared areas
Health services
- Medication Management
- Psychiatric care
- Pharmacy
- Skilled nursing
- Hospice care
- Beauty/Barber shop
- TV room
- Gardens/outside patio
- Parking for residents
- Transportation for residents (shuttle bus or similar)
- Shared space where residents can host parties
Guest services
- Guests can attend meals
- Ample parking for guests
Cleaning services
- Housekeeping
- Laundry service for clothes
- Laundry service for linens
- We charge an entry fee
- Monthly rent is all inclusive
- Minimum rate: $1,800/month
Dining options
- Meals in a shared dining room
- Pets: Small pets allowed
- Staff patient ratio: 10 to 1
Room and housing options
- Housing extra: Private and semi-private rooms
- Companion suites: We offer companion suites
Financial guidance
- We help with selling the house (finding a realtor. staging, etc)
- We help families understand VA benefits
- We help families explore other financial options to afford senior living
- State License(s): 201380
Location of The Corrigan House
Senior Living Nearby
About Senior Living
- First Day in Assisted Living: Expert Suggestions
- 5 Reasons to Take Your Pet With You to Assisted Living
- Pain Management and Assisted Living
- What You Can Expect From a Great Assisted Living Community
- How to Compare Senior Living Options
- Independent Living -- or Assisted Living?
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Get Cost Information
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By Ian Truscott
According to research carried out by Google and IPSOS , 64% of UK in-store consumers use their smart phones either to research the products they are looking at, or perform price comparisons with other retailers. To put these numbers into perspective, UK retailer Dixon Retail reported in-store revenue of £8.19bn for their financial year ending June 2012. This means that the in-store, smart phone wielding consumer contributed over five billion pounds to the bottom line of this retailer.
In fact Gartner predict that this year, mobile devices will overtake PCs as the most common web access device worldwide. This means that whoever you are trying to engage with over the web, there is a good chance that a mobile device will be used at some point in a customer's journey. Having established that organisations have to do something about mobile, the next question is what?
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Defining the task is critical, as it enables you to decide what content you need to optimize for the mobile device or what e-services you need to mobilize. 2.
2. What's the frequency of the task?
Once you have understood what your mobile audience wants to do, considering the frequency of the task helps you decide if developing a native app is going to be worth the investment. From your consumers' perspective, also consider if the convenience of accessing your content and services through a native app is going to out-weigh the investment it brings in in time and screen clutter?
Let's take a banking example – how often would you use an app that locates your nearest ATM – compared to how often you check your account balance? 3.
3. Could the task experience be enhanced using the phone's capabilities?
The advantage of a native application developed for a specific smart phone and the mobile web, is that this app can access the device's existing functionality, such as the camera or GPS. This provides a highly effective solution for infrequent tasks such as, making a car accident insurance claim. The app can take photographs of the car, GPS reports its location and a rich experience allows the drawing of vehicle positions. These functions considerably increase a customer's ability to perform the task – easily and successfully. 4.
4. How interactive is the experience? Consider the capabilities of mobile devices to effectively render creative content, such as a game or other interactive experiences, for customer engagement. Fortunately, advances in using HTML5, provides options for rendering interactive mobile web applications. As this capability is becoming much easier to achieve, through the mobile web, it means that you are not restricted to just developing an app. 5.
5. What devices do you need to support?
Clearly one of the limiting factors when developing a native application is that they are device specific – to best leverage the functionality of that device. Each application market place also has its differing deployment options and policies.
It sounds like a nightmare, so it's important to get an insight into what devices your customers are using, so that you can prioritize against these. This insight could be as simple as looking at your web analytics and seeing what devices people are currently using to complete their online tasks with you. 6.
6. What's the cross channel experience?
Faced with overwhelming statistics for mobile adoption, you have no choice but to develop a mobile strategy. Like it or not, your audience will try and engage with you, your products, service and brand – with whatever device comes immediately to hand.
However, this multi-channel engagement is not just about the experience a customer has over a single channel, whether it's mobile, email, website, Facebook or your call center. A customer's impression of your organisation and that engagement will also be partially formed as they cross between these channels.
For example, after Angry Birds, email is probably the leading task people use their mobile device for. So, how does your email marketing campaign look if someone clicks on your carefully crafted 'call to action' in that email from their iPhone? Does it direct them to your nearest coffee shop – using GPS and an SMS voucher – or does it show a full webpage? If the customer pinches and zooms enough, will they find a voucher that can be printed?
In summary, think about why your audience is making the effort to engage with you – especially as they are probably squinting to see that tiny screen! Just make it easy for them and you'll be successful.
About the author
Ian Truscott is Vice President, Product Marketing, SDL Content Management Technologies division, SDL Tridion.
SDL's Web Content Management division offers an enterprise class Web Content Management platform, SDL Tridion. A recognised market leader, SDL Tridion enables organisations to deliver a consistent, interactive and highly targeted customer experience, in multiple languages, across multiple Web sites and channels


text:
Cat Castle
3 DIY Cat Castles >> http://blog.diynetwork.com/maderemade/2015/06/15/blogger-challenge-do-it-yourself-cat-castles/?soc=pinterest
When you live with cats, you should have some cat trees and kitty furniture for them to jump, scratch, hide and play on.
Use chipboard and carpet to make this super cool cat castle.
DIY Cat Snooze Tube >> http://blog.diynetwork.com/maderemade/2015/06/15/blogger-challenge-do-it-yourself-cat-castles/?soc=pinterest
Cat Condos : Scotland Yard Cat Castle
Cardboard cat castle #KittyCardboard
EPIC Cat Castle! Cole the Black Cat http://www.youtube.com/watch?v=aHuy7OfqYGk
Cardboard cat castle
Do you have a cat at home that you want to keep from climbing your furniture? A cat castle like any of these is sure to do the trick! All pets need a place of their own indoors, just like every family member needs their own space. Cats, specifically, love spending time in high places which is why a castle is great to have if you have a pet cat. One thing we love about cat castles, besides their look, is that they don't consume too much space in a room. The narrower you make its passage…
Cat Castle Furniture


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Monday, 11/14/2016
Tuesday, 11/15/2016
Wednesday, 11/16/2016
Thursday, 11/17/2016
Tips and events 2016
Trend Topics 2016
Searching for medical clues
Knowledge helps to help
Snapshots from medical technology
Data for health care - perfectly safe!
Health care in movement
Everywhere - medical technology for the world
Networked health - telemedicine and company
Industry News
Topic of the Month
Topics of the Month 2016
December 2016: The human patient
November 2016: MEDICA 2016
October 2016: Networked healthcare
September 2016: Intraoperative Imaging
August 2016: Medical Industry Worldwide
July 2016: Sports and medicine
June 2016: Hospital hygiene
May 2016: The heart
March 2016: Paediatrics and neonatology
April 2016: Medical education and training
February 2016: Regenerative medicine
January 2016: Infectious diseases
Topics of the Month 2015
December 2015: The brain
November 2015: MEDICA
October 2015: Theranostics
September 2015: Wearables
August 2015: Nuclear medicine
July 2015: Cardiovascular disaeses
June 2015: Cancer and diagnostics
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April 2015: The informed patient
March 2015: Crisis management and communication
February 2015: Pathology
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Topics of the Month 2014
December 2014: Ethics
November 2014: MEDICA 2014
October 2014: Orthopedics and physical therapy
September 2014: Intensive-care medicine
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Siemens introduces the world's smallest ultrasound device for emergency diagnosis
German Healthcare Export Group e.V. (GHE e.V.)
Siemens introduces the world's smallest ultrasound device for emergency diagnosis
ERLANGEN. The first few minutes are instrumental in emergency situations. A new portable ultrasound device from Siemens Medical Systems supports medical personnel in these efforts.
The device, known as Acuson P10, is a hand-held device intended for
complementary initial diagnostic care and triage, particularly in cardiology,
emergency care and obstetrics. It is poised to change the physical exam by providing
immediate information to health care providers at the earliest possible patient
intervention points, such as intensive care units, ambulances and medical
The advantages of the new system are its portability, easy handling as
well as its fast and consistent availability to the physician. The device is barely larger
than a Blackberry and weighs just a little more than 700 grams.
In emergency situations, for example, this translates into earlier, faster and more accurate screening and triage decisions. Its emergency applications include FAST (Focused Abdominal Sonography for Trauma) for detecting fluid, determining cardiac activity and pericardial effusion as well as for detecting abdominal aortic aneurysms and performing pelvic exams.
"Instead of having to rush the patient to the technology, P10 brings the technology to the patient, which can reduce critical minutes, particularly when a patient is in cardiac distress or with trauma patients, who have multiple injuries," says Klaus Hambuechen, head of the Ultrasound Division of Siemens Medical Solutions. "The flexibility and portability of the P10 mark significant changes in the way diagnostic and emergency care are administered, changes that could alter the face of the physical exam and, ultimately, lead to better patient outcomes."


text:
ARLINGTON, Texas — Last season, Jason Pierre-Paul saved a game for the Giants at Cowboys Stadium by reaching out and blocking a potential tying field goal in the closing seconds. It completed a sensational all-around performance by Pierre-Paul. For all the youngster they call JPP has done in his brief NFL career, he had never crossed into the end zone with points for the Giants. But his teammates figured it was only a matter of time...
Giants' Pierre-Paul Gets First Touchdown with Pick-6
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text:
This extraordinarily well-established hardware and general store with an additional handyman service revenue stream likely boasts one of the most prestigious locations in the country. The store, which has been in the owner's family for generations, boasts 4.5 star Yelp reviews and offers one of the highest window to retail square footage ratios in its truly coveted location. The store tremendously benefits from a highly experienced general manager and support staff structure, a dedicated owner who is willing to remain as part of the operation on a reduced hour basis, and a strong and exceedingly loyal recurring commercial and residential client base. This enterprise is a community staple and enjoys tremendous city and community support.
The 4,511 square foot facility, plus additional onsite storage, leases for an amazing $1.78 per square foot plus common area maintenance expenses (CAM), with 5% annual increases. The favorable below market lease rate will be passed on to a buyer, who should receive a new 5 year lease term with 5.0% annual increases due to the city's desire to maintain basic service offerings to neighborhood residents. The city owned property also has onsite parking for store patrons with 800 spaces available and 1 hour of free parking.
While competition certainly exists in the greater Los Angeles area, there is virtually no direct competition in the immediate vicinity as any stores in non-city owned properties would struggle to pay prevailing market rent rates. As such, this multi-generational business has a virtual monopoly on the market, with the potential for further expansion.
New operators may wish to extend to business hours to be open on Sunday or after 6 pm. They may also continue to increase the service offering that caters to local residents and businesses alike via the addition of alternate complementary services, while potentially also bolstering the retail offering. In additional to more service revenue streams, a new owner may have the opportunity to add 2,000 square feet to the physical premise at a similarly favorable lease rate to expand the retail operation!
Financials (USD)
Asking Price $830,000
Sales $1,012,758
Profit $305,751
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text: Orange County dispensary now offers pot tamales 0 By Taylor Hamby on February 20, 2013 Dispensaries Move over, Hot Tamales, there's a new sheriff in town: pot tamales. In further proof that Mexican food has conquered America, the ABC Cooperative in Orange County, CA began offering them due to customer demand. They don't make them on-site, but rather has someone else make batches, both medicated and not. So far, the only pot flavor is pineapple (you know, to take care of the sweet and the savory at the same time), but more will inevitably follow. OC Weekly has the full story. Share. Twitter Facebook Google+ Pinterest LinkedIn Tumblr Email


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New Jersey Supreme Court
Decided: June 23, 1938.
LEHIGH NAVIGATION COAL COMPANY, PROSECUTOR,v.MARY J. MCGONNELL AND THE COURT OF COMMON PLEAS IN AND FOR THE COUNTY OF UNION, RESPONDENTS
On certiorari.
For the prosecutor, Maurice J. McKeown.
For the respondents, John C. Stockel.
Before Brogan, Chief Justice, and Justices Bodine and Heher.
[120 NJL Page 428] BODINE, J. The writ of certiorari in this case brings up a judgment of the Court of Common Pleas affirming an award of compensation in the Workmen's Compensation Bureau. Most of the facts were stipulated. John J. McGonnell, petitioner's deceased husband, was a coal inspector in the employ of the Lehigh Navigation Coal Company. He commuted from his home in Elizabethport to his place of work in Jersey
[120 NJL Page 429]
City, and his employer reimbursed him for the cost of the commutation tickets purchased. This had been the practice for sometime.
The manager of the prosecutor's New York office testified that when the principal business of the company was transferred from Elizabethport to Jersey City, he directed the deceased to take the Central Railroad train from Elizabethport to Jersey City, and promised that the company would give him a commutation ticket for that purpose and that thereafter each month a voucher was given to reimburse him for the cost of the ticket. The deceased's duty was to inspect coal before it was shipped.
The deceased was killed by a train of the Central Railroad Company of New Jersey on March 23d, 1936, shortly before he was to entrain for Jersey City in order to inspect coal. His body was found between the north-bound and south-bound tracks of the seashore division, about seventy-five feet north of Trumbull street and between seventy-five and one hundred feet from the main line track to Jersey City. The space where his body was found was paved and traversable.
In the bureau, the objection was made that the injury was not received in the course of transportation. In Fisher v. Tidewater Building Co., 96 N.J.L. 103; affirmed, 97 Id. 324, the deceased was employed by the Tidewater Company at Gloucester City, New Jersey. He quit work at the usual time and proceeded to the railroad station in order to board a train to go to Camden on his way home. While attempting to board the train, he was struck by another train and killed. His employer furnished him with tickets for his transportation on the railroad train. It was there said: "* * * that an employe while on his way to work is not in the course of his employment. * * * [But] where the workman is employed to work at a certain place, and, as a part of his contract of employment, there is an agreement that his employer shall furnish him free transportation to or from his work, the period of service continues during the time of transportation, and if an injury occurs during the course of
[120 NJL Page 430]
transportation, it is held to have arisen out of and in the course of the employment. This rule has the support of English and American cases. True, it is, in this case, the injury did not happen while being transported but while in the act of boarding the train, but this, we think, is a difference without a legal distinction."
In Laverty v. Ludington, Management, Incorporated, &c., 110 N.J.L. 410, the transportation was furnished by the employer. See, also, Alberta Contracting Corp. v. Santomassimo, &c., 107 Id. 7; Guerise v. Decker & Canning Co., 109 Id. 8; also Soden v. Public Service, 4 N.J. Mis. R. 817; affirmed, 103 N.J.L. 713.
The rule is stated in 71 C.J. 722 as follows: "Where the employe is injured while riding to or from his work in a conveyance provided by the employer, 'the employer's liability * * * depends upon whether the conveyance has been provided by him, after the real beginning of the employment, in compliance with one of the implied or express terms of the contract of employment, for the mere use of the employes, and is one which the employes are required, or as a matter of right are permitted, to use by virtue of that contract. Accordingly it is held that injuries sustained by an employe while being transported to or from work in a conveyance furnished by the employer in pursuance of an express or implied term of the contract of employment are compensable."
The fact that the employer could exercise no control over the Central Railroad Company of New Jersey does not affect the issue. In re Sundine, 218 Mass. 1; 105 N.E. Rep. 433. The employer's representative had directed the employe to do the very thing that he was doing at the time of the accident. See Rubeo v. Arthur McMullen Co., 117 N.J.L. 574; 118 Id. 530.
A contrary rule seems to exist in Pennsylvania where the transportation is by independent carrier, even though the fare is paid by the employer. Guenesa v. Ralph V. Rulon, Inc., 189 A. 524. But we cannot distinguish the facts in the present case from those in Fisher v. Tidewater Building
[120 NJL Page 431]
Co., supra. That he met with the accident seventy-five feet from the place where he was to actually entrain, we do not think brings the case within the rule of Gullo v. American Lead Pencil Co., 118 N.J.L. 445; 196 A. 438.
In this case, in order to carry out the employer's instructions, the employe was obliged to go to the railroad station. While at the station he met with an accident. To admit of recovery if the accident had occurred when he was boarding the train or actually on it and to deny recovery because he met with the accident a few feet from the place where he would actually step on the train and where he was obliged to go in order to carry out the employer's instruction to take the train, would not be a liberal construction of a remedial statute; but a reversion to the injustices which resulted in the enactment of the Workmen's Compensation law which the courts have heretofore liberally construed.
The judgment under review is affirmed.
For affirmance, Justices Bodine and Heher; for reversal, The Chief Justice.
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The Irish celebrate
The Lafayette Hotel ballroom was once again filled with the sights, sounds and tastes of Ireland Sunday during the 33rd annual Irish Gathering, sponsored by the Monsignor Donal O'Carroll Division of the Ohio Ancient Order of Hibernians.
The event is held every year on the Sunday before St. Patrick's Day.
"Part of our mission is to promote traditional Irish culture, and this is notably a time when people of Irish background get together and celebrate. And we open this event to the public because we want everyone to participate," said Jim Udell, president of the area Hibernian group.
He said although the Monsignor Donal O'Carroll Division is based in Marietta, members hail from five or six parishes spread across three counties in Ohio and West Virginia.
David and Wanda Farris of Marietta joined in-laws Jim and Yvonne Williams from the Dalzell area for the Irish celebration.
"We've been to the Dublin festival in Columbus in the fall, but this is our first time here," David said. "We just decided to come out together."
It was the third Irish Gathering for David and Judy Snow of Athens.
"I'm not Irish, but I really enjoy the Irish music and dancers," David said.
Judy agreed.
"And we get to meet a lot of people here," she said. "We have a good time just talking and visiting every year."
For the past decade The Boys of the Hock, a four-man Celtic band out of Athens, has provided traditional tunes for the Irish Gathering.
"We play all over Ohio, Pennsylvania and West Virginia. It's basically 'diddley-diddley' (quick-time) Celtic instrumental music," said Rusty Smith who plays guitar for the band.
The group, including Smith, fiddler Lynn Shaw, Sean O'Malley on the flute, and Ed Newman on hammered dulcimer, has been performing together for 20 years now.
"We play a lot of Irish festivals and gatherings, including the Columbus festival in August," Smith said.
The Athens Irish Dancers put the music to good use every year, performing a variety of Irish dance styles as The Boys of the Hock played on.
Dancers in the group range in age from 3 years old to adult, including some students from Ohio University.
OU sophomore Kati Conlon, from Pittsburgh, joined the Irish dance troupe shortly after moving to Athens to attend college.
"I'm a history major, but I've also been dancing for about 11 years now, so I joined the group just for fun," she said.
For the last few years the Irish Gathering has also included several vendors who sell a variety of Celtic-related wares, including ceramic art objects designed by Kelly Kalfs Lawrence, owner of Green Mantle Studio in Athens, and lace, doilies, handmade cards, twig pencils and jewelry from Mary Ann Abbott's A Very Mary Design in Marietta.
Laura Serna of Marietta baked up some treats for sale at the gathering.
"I sell scones, shortbread and tea," she said. "I did this last year, too, and sold out of everything."
The Irish Gathering also includes plenty of other Irish foods, according to Marshall Griffin, financial secretary for the local Ancient Order of Hiberians group.
"We have corned beef and cabbage, ham, potatoes, salads, and bread pudding for dessert," he said. "The hotel prepares the meal every year for us."
Udell said the group plans for about 180 people to attend every year, and usually more than 100 show up. He said most of the funding raised from ticket sales goes to pay expenses for the event.
"We may break even," he said. "But this is really a community event for us to share with the public, rather than a fundraiser."