text: Japan Just Successfully Tested Its Asteroid-Shattering Space CannonAshley Feinberg10/24/13 10:26amFiled to: spacemodoasteroidshayabusascience473EditPromoteShare to KinjaToggle Conversation toolsGo to permalink You have to crawl before you can walk—be you a baby or an asteroid-blasting space cannon. Now, after a successful test-fire here on Earth, Japan's specially made cannon for its Hayabusa 2 spacecraft is ready to take its first, real steps in outer space. Built by the Japan Aerospace Exploration Agency (JAXA), the space cannon's job is to fire off a 4-pound metal projectile into the catchily named 1999JU3 asteroid, giving the previously attached space probe access to all that sweet, sweet asteroid soil. Because the surface of asteroids have been affected by the harsh environment of space, the only way to get at the information-rich interior is by essentially making a DIY crater. Advertisement Advertisement So once Hayabusa 2 is properly positioned between Earth and Mars—where 1999JU3 orbits—the spacecraft will release the cannon, float downwards, and head off to take refuge behind the asteroid before the space blaster does its damage. It's at this point that Japanese scientists here on Earth will remotely detonate the cannon, allowing Hayabusa 2 to float back over and collect all the newly revealed asteroid debris it can carry.While we won't know for sure until we have the samples, scientists are fairly confident that this C-type asteroid has remained relatively the same since our solar system first began, which would allow them new insight into planet formation. What they're really hoping for, though, is leftover water and organic matter form our galaxy's humble beginnings.We've got a bit of a wait before we'll know for certain what I999JU3 holds; Hayabusa 2 is scheduled to arrive at its target mid-2018, and we won't have the soil samples back on Earth until sometime in 2019. In the meantime, you can sleep a little easier knowing that planet Earth is the proud owner of a space cannon, and it works. [RT]Gear from Kinja DealsThe Best Gaming Chair For Your DeskBrother Makes the Only Printers You Won't Want to MurderSunday's Best Deals: All-Clad, Winter Clothes, Despicable Me, and MoreReply47 repliesLeave a reply


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Comment Re:Less Space than a Nomad. (Score 1) 361
Yeah. I am very disappointed. I really want OSX, I consider it a lot superior to Windows or Linux, as a desktop solution.
I have been using Apple since 1997, and went full Apple when they switched to Intel.
Their hardware has been really good from 2006-2012, then other factors seemed to become more important than having good hardware.
I have been in the market for a good Apple desktop for a while now. Instead I ended up buying a second hand Mac Pro 2012, putting a MacVidCards Nvidia GTX 980, 32 GB RAM and some SSDs into the system. This old machine comparable or better than anything Apple sells today.
I consider the new Macbook Pro a joke. I'm typing this on a 2011 MBP and I see no reason to upgrade, only downsides.
I would need to buy adapters for all my peripherals, as the new MBP has no Ethernet, DVI, mini-displayport/TB2, USB, SD-card, CD/DVD, and most importantly no magsafe connector. My 1GB Radeon HD 6750M might be a bit on the weak side, but they would need to provide Nvidia with CUDA for me to consider a new video card a big improvement. Also my 4core i7 is a bit older than the new skylake but not a very big deal.
I have upgraded my RAM to 16 GB already, I would have expected at least a 32GB option for the new model.

subset: commoncrawl


text: Sitting outside, sharing coffees, you will enjoy yourself. Sadly, the food is not very exciting though not overly expensive. The service was friendly. I had an open faced sandwich with eggs, ham and cheese. Would I go back? Yes, I would enjoy a coffee on a sunny day anytime. The beer was good. The web site shows reservations, menu, etc.


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409a Roberts Avenue, Bisbee, AZ 85603
- $269,000
- 108 Days on site
- Est: $997/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 2
- Baths: 2 Full
- Single Family Home
- 1,250 sq ft
Old Bisbee-Everything about this ARCHITECT-DESIGNED CUSTOM-BUILT spells QUALITY: Bamboo floors, Marvin Windows, Sub-Zero under-counter fridge/freezer, Kohler/American Standard bath fixtures. Velux skylights, Hunter ceiling fans. Hardie Board siding. Built NEW in 2004. Simple, modern, light & airy inside. Traditional Bisbee outside, w/wrap-around porch on 3 sides & the vernacular DUTCH-HIP Roof. Downstairs: Hall, separate Dining Room, Kitchen, LR, BD/Bath. Upstairs:2nd BD/Bath w/ sitting room/office & French Doors leading to balcony w/panoramic views from the ''B'' to Juniper Flats. Custom-built-ins throughout. Partial concrete basement. Low-water use landscaping. Workshop off spacious Carport. Easy off-street parking for 2. GATED Entrance. This is truly a BEAUTIFUL, MUST SEE PROPERTY! Click here to learn more about this listing.
- Year Built: 2003
- 108 Days on site
- Single Family Home
- Beds: 2
- Baths: 2 Full
Listing Details
- Dining Room
- Yes
- Kitchen
- Yes
- Dining Area
- Yes
- Laundry Room
- Washer
- Bonus Room
- Yes
- Den
- Yes
- Recreation
- Yes
- Window Type
- Skylight(s)
- Appliances
- Range, Refrigerator
- Flooring
- Ceramic
- Features
- Cathedral/Vaulted Ceilings
- Lot Features
- Mountain View
- Lot Size
- Approximately 4791 Square Feet
- Parking
- Carport, Parking Space (2)
- Roof
- Metal Roof
- Features
- Deck, Lawn Sprinkler System
- Tax Amount
- $2,010.08
- Tax Year
- 2015
- Cooling
- Ceiling Fan
- Heating
- Forced Air, Gas
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Lowell School
- 100 Old Douglas Rd
- Greenway Primary School
- 98 Cole Ave
- Naco Elementary School
- 1911 West Valenzuela
Nearby Middle Schools
- Lowell School
- 100 Old Douglas Rd
- Naco Elementary School
- 1911 West Valenzuela
- Palominas Elementary School
- 10385 E Highway 92
Nearby High Schools
- Bisbee High School
- 675 School Terrace Rd
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
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text:
Original Article
Exploiting liars' verbal strategies by examining the verifiability of details
Version of Record online: 24 OCT 2012
DOI: 10.1111/j.2044-8333.2012.02069.x
© 2012 The British Psychological Society
Legal and Criminological Psychology
Volume 19, Issue 2, pages 227–239, September 2014
Additional Information
How to Cite
Nahari, G., Vrij, A. and Fisher, R. P. (2014), Exploiting liars' verbal strategies by examining the verifiability of details. Legal and Criminological Psychology, 19: 227–239. doi: 10.1111/j.2044-8333.2012.02069.x
Publication History
- Issue online: 15 AUG 2014
- Version of Record online: 24 OCT 2012
- Manuscript Accepted: 17 AUG 2012
- Manuscript Received: 27 JAN 2012
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text:
Twilight Vanquisher
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- For Mount Hyjal mob, see Twilight Vanquisher (mob)..
Twilight Vanquisher is a title awarded when you complete the achievement [The Twilight Zone (25 player)] from slaying Sartharion the Onyx Guardian with all three Twilight Drakes alive.
The title appears in front of your character's name:
- Twilight Vanquisher "<Name>"


text:
Review 9 October 2011
Books in Little
- Short reviews of books from Matthew McGowan, Carl J. Richard, Benedict XVI, and John Haught.
The conservative believes that the individual is foolish, although the species is wise; therefore, unlike the confident intellectual, he declines to undertake the reconstruction of society and human nature.
Russell Kirk
Passos and Century's End
Pedro Blas González
A Samurai's Hidden Gospel
Jason Morgan
Taking Things as They Are
Lee Oser
Sightings of an Endangered Species
Jake Meador
Books in Little: Those Intolerable Christians
Karl C. Schaffenburg
Kirk and the Hope for Recovery
James E. Person Jr.
We are pleased to announce the release of The University Bookman on Edmund Burke, now available for Kindle. Collecting 21 reviews, essays, and interviews from the Bookman on the life and thought of Edmund Burke, this book is only $2.99, and purchases support our ongoing work to provide an imaginative defense of the Permanent Things. (3 Mar 2015)


text:
Find. Book. Pitchup.
- We make it a doddle to book campsites, glamping sites and caravan parks throughout the UK, Europe and the Americas.
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Motorhome campsites and campervan sites in Seiad ValleyView results on a map
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Yreka, California, USA Show on map
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text: A Vital, Radiant Los Cabos Luxury Resort Perched along the edge of the coastline, facing the shimmering Gulf of California, Grand Velas Los Cabos invites endless days of bliss, just beyond the beating heart of Cabo San Lucas. Top culinary talent beckons adventurous food lovers, a world-class spa awakens mind and body with treatments inspired by the region's lush, natural surroundings, and spacious suites look out over emerald-blue waters, with private terraces bathed in coastal breezes. All-inclusive, ever evolving, and always refreshing, Grand Velas Los Cabos is a modern, resort refuge in one of the world's loveliest locales. Make it yours.


text:
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Kindle Fire HDX
Ralf Jurrien : October 3th 2013 - 10:12 CET
Amazon Kindle Fire HDX tablet :
Amazon introduced the third generation of Kindle Fire-the all-new Kindle Fire HDX. The new Kindle Fire HDX tablet combines groundbreaking hardware, the latest version of Fire OS, and exclusive new features and services like X-Ray for Music, Second Screen, Prime Instant Video downloads, and the revolutionary new Mayday button. Amazon's exclusive HDX display brings together exceptional pixel density and perfect color accuracy, resulting in images and videos that display as the photographer or videographer intended. The display also features a unique algorithm that adjusts the color of each pixel depending on the ambient brightness in order to maximize contrast.
Kindle Fire HDX tablet
Amazon Kindle Fire HDX tablet is the first tablet powered by the most advanced quad-core Snapdragon 800 processor. These are the only tablets with a processor over 2 GHz-the four cores can each run at 2.2GHz, providing 28 billion instructions per second-over 3x the processing power of the previous generation Kindle Fire HD. Fire HDX also doubles the RAM to 2GB, resulting in faster app launch times, faster website load times, smoother multi-tasking, and better overall performance.
Amazon Kindle Fire HDX
The new Adreno 330 graphics engine on Amazon Kindle Fire HDX delivers 4x the graphics performance of the previous generation Kindle Fire HD. This combination of a new graphics engine, HDX display, quad-core processor, and 2x the memory creates a more immersive, high-frame rate HD gaming experience. Even with all this additional power, Fire HDX still delivers 11 hours of mixed use battery life. When you are reading, Kindle Fire HDX automatically powers down the CPU and any unnecessary system components and stores the displayed text in dedicated, low-power memory-the result is up to 17 hours of battery life for reading.
Specifications of the Kindle Fire HDX
"It's been just two years since we introduced the first Kindle Fire, and the team is innovating at an unbelievable speed," said Jeff Bezos, Amazon Founder and CEO. "2.2 GHz processor, 339 ppi display, new 34% lighter design, Fire OS 3.0, and new exclusive features like the Mayday button, X-Ray for Music, Second Screen, and Prime Instant Video downloads. We've worked hard to pack this much hardware, innovation, and customer obsession into these prices."
Kindle Fire HDX price
The 7" Amazon Kindle Fire HDX tablet price is $229 and is available for pre-order. The 8.9" Amazon Kindle Fire HDX tablet price is $379 and is also available for pre-order.
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Hotel Search
Change your travel Details
07.12.16 ➞ 08.12.16 (1 night)
Hotel Comfort Suites French Lick
W State Road 56 9530, 47432 French Lick
Total from 173.00EUR incl. VAT and all fees
Service & facilities
|Earliest check-in
|Latest check-out
No breakfast
Parking directly at the hotel
Service & facilities
Hotel facilities
- Elevator
- Hotel-owned car park
- Coach parking space at hotel
- Safety deposit boxes at reception
- Vending machine for beverages
Room facilities
- WLAN with Internet access in rooms
- Cable TV
- Desk
- Hairdryer
In-house services
- Pets permitted
- Business center
- Laundry service
Style of hotel and ambience
Hotel data
Number of floors 3, Total number of rooms 80, Trade fair/conference hotel, Suite hotel
Service times
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- Diners Club
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- Eurocard/MasterCard
- American Express
- Japan Credit Bureau (JCB Intl.)
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W State Road 56 9530, 47432 French Lick -
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text:
47 Ingram Drive, Toronto, ON M6M 2L7
+ taxes & licensing
Just traded in on new car. top of the line , fully loaded !
All wheel drive , Navigation , sunroof , leather , BU camera , heated seats.
Sale price includes Safety Inspection, Certification , Emission test & Car-proof history report.
HST & license plates extra.
Warranty & Financing available.
This vehicle is Safety Certified and E-Tested.
Please contact the seller to confirm pricing, features, odometer, and availability of this vehicle.
See the Carpages.ca Terms & Conditions for more details.


text:
"Security Checks at Neue Synagoge (New Synagogue)" Top 5 Page for this destination New Synagogue Tip by Kakapo2
New Synagogue, Berlin: 20 reviews and 41 photos
I had not planned to have a look at the New Synagogue ? but then I was too busy checking the foods at Hackescher Markt, got a wrong turn and walked along Oranienburger Stra�e which is a great spot for shopping, a coffee, dining, nightlife and arts? ;-) And soon I spotted those fairytale-like gold-rimmed orthodox church towers I had admired so much in St. Petersburg and Helsinki, and so I kept on walking because I could not miss such a beauty. And that is how I got to Neue Synagoge.
And ?new? really means new. The fa�ade and golden domes were reconstructed from 1988 to 1995 after the church had been destroyed nearly completely by a World War II bomb in 1943. It is used as a place for prayer, museum and exhibition centre. A steep staircase leads up to the dome, the site of the original church has become a gravel-covered open-air memorial square.
The original synagogue on site was built by Eduard Knoblauch (German for Garlic) from 1859 to 1866. At the time it was the largest one in the world, and absolutely innovative for the use of iron in the roof and the galleries inside. Apart from this it was huge, offering space for 3,200 worshippers.
Miraculously, the synagogue survived the Reichskristallnacht (Reich?s Crystal Night) on 9 November 1938 in which Jewish churches and other property were burnt down by the Nazis, thanks to a policeman chasing the rioters away. But World War II ended its life.
Next door is the Centrum Judaicum which hosts a museum, archive and library of the Jews in Berlin. Beside that is an exhibition of the Jewish activist and philosopher Moses Mendelssohn.
If you go there, be prepared to undergo a strict security check.
Neue Synagoge is just a short detour if you walk from Hackescher Markt to Bode-Museum, the northern end of Museumsinsel (Museum Island).
Address: Oranienburger Stra�e 28 ? 30
Directions: S-Bahn 5, 9 and 75, station Oranienburger Stra�e.
Or walk up from Hackescher Markt.
Open Apr ? Sep: Sun/Mo 10am ? 8pm, Tue ? Thu 10am ? 6pm, Fri 10am ? 5pm; Oct ? Mar: Sun ? Thu 10am ? 6pm, Fri 10am ? 2pm.
Entry fee 3 Euro, dome 1.50 Euro (as 2007)
Phone: 030 88028300
Website: http://www.centrumjudaicum.de/en
More Things to Do in Berlin (73)
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(ROGERSVILLE, TN) -- KinkyWalls announced today that they have signed three top photographers whose adult, glamour, and kink images will be made available through the KinkyWalls site and catalog.
KinkyWalls is those hot new up-and-coming folks who specialize in large-format posters and other graphics for the adult market. The most important part to them is selecting only high-quality images provided to them by professionals across the U.S. And around the world, often under exclusive contract. Three new photographers have recently signed agreements to create intriguing new adult images for KinkyWalls. Two are from Britain: John Sherratt, with his favorite model, Wendy Jayne and Paul Haley, who is based in Yorkshire. Dave Richardson in western Canada completes the trio, with his arresting black-and-white compositions.
"These photographers, new to our team, are well established within the fashion, glamour and adult community," says KinkyWalls CEO Craig Christopherson, "We're delighted to have them on board. We're particularly glad of the chance to provide their images in sizes where you can truly appreciate them in all their fascination, beauty and brilliant color, instead of confined to a 15-inch computer screen or 8x10-inch printout."
New images by John Sherratt and Haley are already posted on the KinkyWalls website (KinkyWalls.com). Dave Richardson's images will follow shortly. All of the KinkyWalls images can be ordered as posters, wallpaper, photo glossies, or postcards - and can also include custom messages and logos on the posters and images you order. There is no minimum or maximum quantity on the images you order.
To become a KinkyWalls affiliate or for more information, visit KinkyWalls.com. The KinkyWalls affiliate program is part of the TabooRevenue (TabooRevenue.com) network.
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316L Surgical Steel Tribal Skull with Gemmed Details Add a ghoulish touch to your navel ring collection. This 316L Surgical Steel Navel Ring features a spooky looking skull-like mask charm with antiqued tribal patterns and glittering Red CZ gem details in the eye and mouth. The ghastly visage hangs from a beautiful prong-set gemmed Navel Ring polished to a mirror finish. Thickness : 14GA / 1.6mm Length : 3/8"" / 10mm Ball Size : 5mm Top Ball / 8mm Bottom Ball" Available in an industry standard size: 14GA 3/8
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|From Bleacher Report
I'm talking about West Virginia products Tavon Austin and Stedman Bailey. Austin was out Sunday against Tampa Bay, but that gave Bailey a chance to shine. He did just that scoring on a 27-yard double reverse (see above) and hauling in three catches for another 44 yards.
It sucks to have to think 'next year,' but in this case it appears that next year is looking pretty darn promising.


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More Than One Billion Social Relationships Now Managed via the Vitrue SRMMilestone Signals Company Growth and Increasing Adoption and Importance of Social Media for Consumers and Brands (November 22, 2011)
ATLANTA, GA -- (Marketwire) -- 11/22/11 -- Vitrue (www.vitrue.com), the leading social relationship platform, today announced that the Vitrue SRM platform now manages more than one billion social relationships across Facebook, Twitter and Google+. Vitrue's SaaS platform solution helps global brands and agencies manage their social relationships with consumers as well as deploy social marketing campaigns and communications that easily achieve scale with the ability to deliver hyper-targeted content at regional and local levels. Vitrue officially crossed the 1 billion mark on Friday, November 18, and now manages more than 1,029,904,661 social relationships, reaching more social consumers each day.
"Brands have clearly adopted the power of connecting and engaging with consumers on social and increasingly those connections are coming across multiple social platforms, led by Facebook but also Twitter and now Google+," said Reggie Bradford, CEO and founder of Vitrue. "This milestone simply reinforces my belief in the power of social for consumers and brands alike. Marketers for almost every sized business will need to be using a social marketing platform, like our Vitrue SRM, to manage their increasingly expanding and sophisticated social communities through one centralized interface."
"As consumers are becoming increasingly connected through social and mobile networks, brands too must adopt new channels to reach and engage," said Brian Solis, principal analyst at Altimeter and author of the recently released The End of Business as Usual. "2010 and 2011 were clearly the years brands shifted notable focus and resources to social media. As social media becomes a way of life, brands will need to further invest in social platforms as a means of not only managing new communities, but fostering customer relationships as well."
The one-billionth milestone demonstrates the growth and importance of social channels for consumers and brands, as well as Vitrue's increased company momentum and continued innovation. The one billion represents Vitrue's clients' aggregated social relationships with their consumers (likes, followers, pluses) on Facebook, Twitter, and Google+. Consider some facts below:
- As consumers and brands presence on social increased, so did the Vitrue SRM platform: In March 2010, the platform crossed 20M fans managed; on July 21, 2010 it hit 106M; November 2, 2010 it reached 301M; March 27, 2011 it topped 500M; June 25, 2011 it hit 751M; August 12, 2011 it reached 900M; and it crossed 1B on Friday, November 18, 2011.
- Vitrue added more than 200 clients in the past 15 months alone, with currently more than 500 global brands and agencies using the Vitrue SRM, including McDonald's, American Express, AT&T, jcpenney and P&G.
- Vitrue was selected by Google as a launch partner in Google+ API. With this recent partnership, brands using the Vitrue SRM can manage communication and seamlessly engage with consumers across the social media landscape, including Facebook, Twitter, Google+ and YouTube, all from one centralized social relationship management interface.
- Vitrue launched the Vitrue SRM 3.0, the most robust version of its platform to date giving marketers the ability to easily execute engaging, social marketing communications on a global and local scale, with enhanced analytics and metrics to measure, understand and determine the best social tactics for success.
About Vitrue
Vitrue (www.vitrue.com) is the leading social marketing platform, offering software-as-a-service (SaaS) solutions to help brands and agencies harness the marketing potential of social and manage their expanding and sophisticated social communities on Facebook, Twitter, Google+, YouTube and emerging platforms. The industry-leading Vitrue Social Relationship Management (SRM) platform is collectively managing its clients' more than one billion social relationships in 47 countries across more than 4,500 Facebook, Twitter and Google+ accounts.
Marissa Arnold
Copyright @ Marketwire
Page: 1
Related Keywords: Vitrue, Marketwire, , Business,


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Plot: After having a doctor's visit but then missing the call with the test results, Phil automatically jumps to conclusions and starts saying his goodbyes. Meanwhile Javier pops up unannounced again and takes Manny to the horse races for a belated birthday celebration, and a subtle competition ensues when Mitchell brings home an environmental law award and it becomes a game of who has the bigger trophy.
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Skip to comments.Ahmadinejad: World pressure can't deter Iran
Posted on 04/08/2012 8:18:18 PM PDT by Free ThinkerNY
Iranian President Mahmoud Ahmadinejad said Sunday that Iran would continue on its nuclear path even if the whole world stands up to it, Iran's state-run IRNA news agency reported.
Speaking at an event marking the country's "Nuclear Technology Day," Ahmadinejad said Iran would defend its dignity and not bow to enemy pressure, IRNA reported.
He added that "enemies" should not think assassinating nuclear scientists would block its nuclear progress.
With critical talks on the Iranian nuclear program set to begin Friday, Tehran already rejected two key demands on Sunday by the worlds powers: Closing the Fordow underground uranium enrichment facility near Qom and stopping the enrichment of uranium to 20 percent.
(Excerpt) Read more at jpost.com ...
He'll change his mind when the Republicans are in charge...let's say....uhhhh....9 months.
Israel to the rescue; their bombing of Iran could also sink Obama's ship of fools.
The right kind of pressure would deter Iran, but we don't see that kind being applied. It's surprising that personal fallout shelters aren't a big fad now. Must've been all of the movies from the liberal left claiming that a nuclear exchange would be the end of all life.
Au contrare... Ahmadinejad is most definitely de turd.
World pressure might not deter Iran from acquiring a nuclear capacity, but its military (specific countries of the world, namely Israel) certainly will.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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Articles tagged with: Auburn
Columns and other comments, Features and such, Sports »
Arkansas State University (ASU) fans have a great reason to celebrate — Auburn Offensive Coordinator Gus Malzahn has been introduced as the new head football coach of the Red Wolves.
If that announcement didn't come as a bit of a shock, then you're either not a Arkansan or haven't paid attention to the drama that surrounded the University of Arkansas Razorbacks football program back when Houston Nutt was the head coach. Also, it's more than a bit intriguing that Malzahn squelched rumors he was taking over as head coach at Vanderbilt …
Sports »
No other comment seems necessary but before we give you the coveted schedule, here's where you can find more information (such as times) when it comes available.
The schedule:
Sept. 3 Missouri State (at Fayetteville)
Sept. 10 New Mexico (at Little Rock)
Sept. 17 Troy (at Fayetteville)
Sept. 24 Alabama (at Tuscaloosa, Ala.
Oct. 1 Texas A&M (at Arlington, Texas)
Oct. 8 Auburn (at Fayetteville)
Oct. 22 Ole Miss (at Oxford, Miss.)
Oct. 29 Vanderbilt (at Nashville, Tenn.)
Nov. 5 South Carolina (at Fayetteville)
Nov. 12 Tennessee (at Fayetteville)
Nov. 19 Mississippi State (at Little Rock)
Nov. 25 LSU (at Baton Rouge, …
Features and such, Sports »
It's been a busy week for Arkansas Razorbacks Offensive Coordinator Garrick McGee.
The word got out earlier this week that McGee was talking to both Connecticut and Tulsa about taking head coaching jobs at those colleges. on Friday Connecticut introduced Dallas Cowboys defensive coordinator Paul Pasqualoni as its head coach and McGee issued a statement saying he has withdrawn from the Tulsa search.
"My goal is to one day be a head coach and there are a number of considerations that factor into when that time will come," McGee said in the …
Features and such, Sports »
Every year about this time, sports writers and fans around the nation bore us to tears by declaring there needs to be a playoff system in place to better determine which college football team is truly the best one in the country.
Fortunately (unfortunately?), we at First Arkansas News have never been afraid to reach deep into the "beating a dead horse" files and pull out a topic or two. This topic seems very appropriate this year and, well, every year.
Think about it. The Bowl Championship Series (BCS) was formed in …
Features and such, News »
A heck of a lot of things have happened throughout Arkansas this week.
We've covered some of those events here at First Arkansas News, but certainly not all of the events followed by Arkansans this week. In the interest of providing a quick summary of some of the stories we've followed this week, we've put together a synopsis of some of the more intriguing stories that have come out this week. And, yes, we'll do the same thing every weekend.
Before getting into all of that, let me make a quick plug …
Features and such, Sports »
Well, here's one for the "don't count your chickens until they hatch" file — Gus Malzahn is, evidently, staying on at Auburn as offensive coordinator.
For the past week, we've heard plenty of speculation that Malzahn was going to accept the head coaching job at Vanderbilt, thus replacing Robbie Caldwell. In fact, a Washington Post article yesterday flat out said that Malzahn had accepted the job. Add to that the Rivals.com report stating that Auburn Quarterback Cam Newton sent something out on Twitter saying that Malzahn was heading to Vanderbilt, and …
Features and such, Sports »
Although there was no football to follow this weekend, there was still plenty going on around the Southeastern Conference (SEC).
First and foremost, Arkansas Razorbacks Head Coach Bobby Petrino agreed to a new contract. The seven-year agreement raises his salary from $2.7 million per year to $3.56 million and includes an $18 million buyout clause that comes into play should Petrino get fired or leave the University of Arkansas. The amount of the buyout clause shrinks throughout the contract until the amount is $3.9 million in 2017.
Additionally, the non-compete clause is …
Features and such, Sports »
People have speculated about it for over a week, but now it's official — the Arkansas Razorbacks will face the Ohio Buckeyes in the Sugar Bowl in New Orleans on Jan. 4.
That's a great thing for the Razorbacks. The program was a complete mess when Houston Nutt fled town and wound up in Ole Miss back in 2007. The Hogs found an upgrade in Head Coach Bobby Petrino, who has the team in its first bowl championship series bowl since the BCS was formed in 1998.
Yes, Petrino took a team …


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True Vampire
Episode 10 | TV-MA
Momonga finds out that Shalltear has revolted against him, due to something that had happened while she was on her mission with Sebas and Solution. The story rewinds a bit and goes over that very event. What could possibly change her loyalty to him?
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Smart Power™ update: Obama admin expresses 'disgust' at latest move by Iranian partners in peace
**Written by Doug Powers
Just under a month ago: John Kerry thanks 'deal partner' Iran for releasing US sailors.
SecState Kerry now at National Defense University thanking Iran, saying US sailors were "well taken care of … provided blankets and food"
— Phil Ewing (@philewing) January 13, 2016
The Obama admin's newest, bestest diplomacy buddy subsequently released propaganda photos of captured American sailors being taken into custody, including a female sailor who was made to wear a hijab.
Fast forward to this Wednesday, when Iran continued to rub Obama and Kerry's (and America's) nose in it:
Images of a U.S. sailor crying in custody are being broadcast on Iran's state television as the latest propaganda salvo from the Iranian government in the wake of its provocative January arrest of 10 American sailors in their waters. The latest move prompted a condemnation from the U.S. Navy, calling the sailors' treatment "outrageous and unacceptable."
Islamic Republic of Iran Broadcasting has been playing images of the arrest and detention of the sailors, riverines transiting from Bahrain to Kuwait in riverine command boats, since shortly after their Jan. 12 arrest.
The State Department is taking their usual approach: Expressing disgust while advising James Taylor not to stray too far from his phone just in case:
Through his spokesman, Kerry, who successfully finalized an international agreement with Iran over its nuclear program just days after the detainment, strongly disapproved of Iran's decision to publish these images.
"We've been clear, and the secretary was clear, about our disgust at seeing the pictures and video of our sailors being used clearly for propaganda purposes," spokesman John Kirby said in a statement to ABC News. "That remains the case with the newly released pictures and videos."
To make matters worse, Kerry's undersecretary in charge of strongly worded letters and ineffectual hashtags is on leave recovering from exhaustion.
All you can be sure of is that somewhere in DC there's a meeting under way to discuss how much more money the Obama admin will have to send Tehran to get them to start acting like a "peace partner."
**Written by Doug Powers
Twitter @ThePowersThatBe
Allow Obama to describe how his admin's denial about terrorists' motivations has kept US homeland safe
December 7, 2016 02:36 PM by Doug Powers
The MSM talking points about the transfer from Obama to Trump have obviously been distributed
December 2, 2016 09:28 PM by Doug Powers
Altruistic former congressman beseeches Obama-the-Merciful to pardon millions of ex-inmates (including a certain former congressman)
December 1, 2016 07:24 PM by Doug Powers
Here's the most hilarious part of Obama's interview with Rolling Stone
November 30, 2016 06:29 AM by Doug Powers
Shh, nobody tell Rolling Stone that Trump's not even president yet
November 23, 2016 04:04 PM by Doug Powers
Categories: Barack Obama, Donald Trump, Media Bias


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by John Nyaradi
This week's rout in the U.S. Treasury Bond market could signal trouble ahead for rising interest rates and U.S. economic growth.
Bonds were crushed this week as the Federal Reserve's "QE2″ program came to an end.
chart courtesy of stockcharts.com
In the chart of the iShares 7-10 Year Treasury Bond ETF (NYSEARCA:IEF), above (click to enlarge), we can see how the 7-10 Year ETF was pummeled as interest rates rose this past week.
The 10 Year hit its highest yield since May and fell for five straight days to log their largest weekly loss in nearly two years.
U.S. bond auctions experienced poor demand this week, forcing yields to rise more than .3% on the week, the highest since August, 2009.
With the end of "QE2," everyone is wondering who is going to buy all of the U.S. debt that will be coming due in weeks and months ahead.
Some of the loudest queries have come from bond giant, PIMCO, executives.
In an article on PIMCO's website, Anthony J. Crescenzi, says, "The Biggest Buyer Leaves the Store But the Trucks Keep Coming," and describes how Treasuries will keep coming to market but the Fed won't be buying the as much as 70% of the supply and how that will likely eventually reduce the attractiveness of "risk" assets.
Furthermore, PIMCO's Bill Gross was busy on Twitter where he tweeted, "D Day for QE:2 Who Will Buy Them Now?"
And not to be left out of the discussion, Mohamed El-Erian, the CEO of PIMCO talked on CNN about how they couldn't see any buyer on the horizon as big as the Fed. CNN
So as we all learned in ECON 101, if supply outstrips demand for an asset, prices are likely to fall, and in the case of the bond market, interest rates would have to rise to attract a sufficient number of buyers.
Of course any hike in interest rates could be bad news for a country with $14 Trillion in debt (the United States) and, as we all know, higher interest rates typically aren't good for equity prices, either.
Disclaimer: Wall Street Sector Selector actively trades a wide range of ETFs and positions can change at any time.


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July 8, 2011
CHALONDA JASPER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.ABBOTT LABORATORIES, INC. DEFENDANT.
Plaintiff Chalonda L. Jasper ("Jasper") brought a class action suit on behalf of herself and others similarly situated against Abbott Laboratories, Inc. ("Abbott"). Jasper alleges six counts relating to the contamination of Abbott's Similac infant formula, including intentional and negligent misrepresentation; a violation of the Indiana Deceptive Consumer Sales Act, Ind. Code §§ 24-5-0.5 ("DCSA"); breaches of express and implied warranties; and unjust enrichment. Abbott moves to dismiss Jasper's Complaint. For the following reasons, the Court grants Abbott's motion and dismisses Jasper's Complaint without prejudice.
The following facts are taken from Jasper's Complaint and are assumed to be true for purposes of this Motion to Dismiss. See Murphy v. Walker, 51 F.3d 714, 717 (7th Cir. 1995).
Jasper, an Indiana resident, purchased a container of Abbott's Similac Advance Early Shield Powder infant formula on Sept. 18, 2010 and began feeding the formula to her son. (Compl. ¶¶ 8, 10.) Roughly four days later, around Sept. 22, 2010, Abbott announced that it was recalling more than five million containers of formula because the product may have been contaminated with beetles or beetle larvae. (Compl. ¶¶ 20, 22.) The container Jasper purchased was one of the 2,000-plus lot numbers recalled. (Compl. ¶ 22.) The Food and Drug Administration found that infants who ingested the formula contaminated with beetles or beetle larvae experienced gastrointestinal discomfort and temporary refusal to eat. (Compl. ¶ 2.) At the time of the recall, Jasper's son had eaten about half of the container of formula. (Compl. ¶ 10.) As a result of the contamination, Jasper and class members suffered "extreme mental anguish and pain and suffering." (Compl. ¶¶ 38, 46.) Jasper does not allege that her son suffered any physical injury.
Abbott's Sturgis, Michigan manufacturing facility has a history of beetle infestation. (Compl. ¶ 26.) In a Department of Health and Human Services ("DHHS") Inspection Report, DHHS found approximately 30 instances of beetles in the facility between 2007 and 2010. (Compl. ¶ 27.) In July 2010, Abbott received a complaint from a consumer who found insects in her Similac formula. (Compl. ¶ 29.) One month later, in August 2010, Abbott received another consumer complaint regarding a weevil found in the formula. (Compl. ¶ 30.)
Abbott marketed the Similac formula as one that "Moms can count on for trusted nutrition and formula that's right for their babies." (Compl. ¶ 17.) Abbott also advertised the formula with statements including:
* "When it comes to the science of nutrition, Similac stands apart."
* "More moms choose Similac. Why? Similac Advance has EarlyShield, and is designed to be more like breast milk and help support your baby's developing immune system. Only EarlyShield has our patented blend of immune-supporting nucleotides-plus prebiotics and carotenoids, nutrients naturally found in breast milk."
* "Nearly 100 years and 280 clinical studies have nourished our most advanced formulas. No wonder it's the #1 brand fed in hospitals-and the choice of more moms."
* "You can trust Similac Sensitive to provide a strong start for your baby's developing digestive system."
* "It's no wonder that a company with such a heritage of innovation was the company to bring moms Similac Advance. Whether they're formula feeding or supplementing their breast milk, they can be confident knowing that Similac Advance is designed to be more like breast milk and to help build a strong immune system."
(Compl. ¶ 19.) Jasper alleges that, based on these statements, she bought Similac Advance Early Shield Powder infant formula and fed it to her son. (Compl. ¶ 25.)
When considering a motion to dismiss under Rule 12(b)(6), the Court accepts as true all facts alleged in the complaint and construes all reasonable inferences in favor of the plaintiff. See Murphy, 51 F.3d at 717. To state a claim upon which relief can be granted, a complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). "Detailed factual allegations" are not required, but the plaintiff must allege facts that, when "accepted as true . . . 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In analyzing whether a complaint has met this standard, the "reviewing court [must] draw on its judicial experience and common sense." Id. at 1950. When there are well-pleaded factual allegations, the Court assumes their veracity and then determines if they plausibly give rise to an entitlement to relief. Id. A claim has facial plausibility when the pleaded factual content allows the Court to draw a reasonable inference that the defendant is liable for the misconduct alleged. See id. at 1949.
Claims alleging fraud must also satisfy Rule 9(b), which requires that "[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity." Fed. R. Civ. P. 9(b). "While [Rule 9(b)] does not require a plaintiff to plead facts that if true would show that the defendant's alleged misrepresentations were indeed false, it does require the plaintiff to state 'the identity of the person making the misrepresentation, the time, place, and content of the misrepresentation, and the method by which the misrepresentation was communicated to the plaintiff.'" Uni*Quality, Inc. v. Infotronx, Inc., 974 F.2d 918, 923 (7th Cir. 1992). The heightened pleading therefore requires a complaint alleging fraud to contain more substance to survive a motion to dismiss as compared to a Rule 12(b)(6) motion based on another cause of action. See Ackerman v. Nw. Mut. Life Ins. Co., 172 F.3d 467, 469 (7th Cir. 1999) (stating that Rule 9(b) forces "the plaintiff to do more than the usual investigation before filing his complaint"); Viacom, Inc. v. Harbridge Merch. Servs., Inc., 20 F.3d 771, 777 (7th Cir. 1994) (explaining that "[t]he rule is said to serve three main purposes: (1) protecting a defendant's reputation from harm; (2) minimizing 'strike suits' and 'fishing expeditions'; and (3) providing notice of the claim to the adverse party").
I. Misrepresentation
Jasper alleges that Abbott intentionally and negligently misrepresented its product to consumers by marketing Similac infant formula as a healthy product while omitting information about the beetle infestation at its Sturgis facility.
A. Intentional Misrepresentation
To succeed on an intentional misrepresentation claim, Jasper must show that: (1) Abbott made false statements of past or existing material facts; (2) Abbott made such statements knowing them to be false or recklessly without knowledge as to their truth or falsity; (3) Abbott made the statements to induce Jasper to act upon them; (4) Jasper justifiably relied and acted upon the statements; and (5) Jasper suffered injury. See Dickerson v. Strand, 904 N.E.2d 711, 715 (Ind. Ct. App. 2009).
Rule 9's heightened pleading standard applies to claims of intentional misrepresentation. See, e.g., Siegel v. Shell Oil Co., 480 F. Supp. 2d 1034, 1041-42 (N.D. Ill. 2007) (distinguishing intentional misrepresentation from negligent misrepresentation and collecting cases). Here, Jasper has not pled reliance with the required specificity. Jasper describes several of Similac's advertisements and slogans but does not state when or where she viewed them or whether they were made after Abbott learned of beetles in its Sturgis facility. Jasper's inference that she bought Similac based on Abbott's advertisements fails to satisfy the heightened pleading standard. See Slaney v. Int'l Amateur Athletic Fed'n, 244 F.3d 580, 597 (7th Cir. 2001) (requiring plaintiffs to specify the time, place, and content of the alleged false representations and the method by which the misrepresentations were communicated).
i. Injury
Jasper does not allege a physical injury and her allegations of emotional distress are insufficient. See Dickerson, 904 N.E.2d at 715;see also In re Bridgestone/Firestone, Inc., 288 F.3d 1012, 1017 (7th Cir. 2002) ("No injury, no tort, is an ingredient of every state's law.").Jasper does not allege that she purchased a defective container of Similac, merely that the Similac that she purchased was subject to a recall. Moreover, neither Jasper nor her son saw or consumed a beetle or beetle parts. Nor does Jasper allege that she or her son showed any signs of eating a beetle, including gastrointestinal discomfort, diarrhea, or refusal to eat. In short, Jasper does not allege that her particular container of formula contained beetles or larvae or that she or her son suffered a physical injury as a result.
Jasper does allege that she suffered extreme mental anguish by feeding the later-recalled formula to her son. Indiana follows a modified direct impact rule, which allows for recovery for emotional trauma provided there is a "direct impact by the negligence of another." Shuamber v. Henderson, 579 N.E.2d 452, 456 (Ind. 1991). "For purposes of the modified rule, the direct impact sustained by the plaintiff must necessarily be a 'physical' one," rather than a purely psychological impact. Ross v. Cheema, 716 N.E.2d 435, 437 (Ind. 1999) (finding a loud knock on the door insufficient to create a direct impact); see also Atl. Coast Airlines v. Cook, 857 N.E.2d 989 (Ind. 2006) (finding the smell of cigarette smoke and the vibrating of an airplane to be speculative mental anguish and not sufficiently direct to satisfy the modified impact rule); Gorman v. I&M Elec. Co., 641 N.E.2d 1288, 1291 (Ind. Ct. App. 1994) (witnessing the burning of a home in which no one was injured precludes recovery because "allowing [the plaintiff] to recover for her fear of an injury that did not occur, but might have happened had the situation been as she mistakenly believed, would effectively abolish the impact rule."); but see Holloway v. Bob Evans Farms, Inc., 695 N.E.2d 991 (Ind. Ct. App. 1998) (finding that eating half a worm inadvertently cooked into a meal constitutes a direct physical impact under the modified impact rule).
Here, Jasper does not allege that she fed her child any beetle larvae and makes no allegations that she or her son experienced a direct physical impact. She does not claim that a beetle was found in her specific container of formula or that she or her son saw a beetle or suffered any physical injury. See Holloway, 695 N.E.2d at 996 (noting that had plaintiff discovered the worm in her food before she began eating, she would not have been able to maintain a direct impact under the modified impact rule) (citation omitted). As such, Jasper's fear of feeding her child beetle parts does not satisfy the modified direct impact rule, and under Indiana law, she may not recover for intentional misrepresentation. See id. at 995 (noting that the plaintiff alleged damages other than emotional distress, including those based on visits to a doctor, prescribed medication, and absence from work due to an ensuing illness); Gorman, 641 N.E.2d at 1291 (finding plaintiff's emotional injury claims insufficient where "she did not witness any physical injury and, in fact, her son was not injured").
This finding is supported by the persuasive weight of authority in other circuits requiring "allegations of injury or damages in products liability cases." Briehl v. Gen. Motors Corp., 172 F.3d 623, 627-28 (8th Cir. 1999) (collecting cases). To that end, where "a product performs satisfactorily and never exhibits an alleged defect, no cause of action lies." Id. at 628. Jasper has failed to allege that the Similac that she purchased was defective. Her allegations that she feared that her Similac was defective are insufficient to state a damages claim. See, e.g., O'Neil v. Simplicity, Inc., 574 F.3d 501, 503-04 (8th Cir. 2009) ("It is not enough to allege that a product line contains a defect or that a product is at risk of manifesting the defect; rather, the plaintiffs must allege that their product actually exhibited the alleged defect."). Therefore, Jasper cannot maintain an intentional misrepresentation claim.
B. Negligent Misrepresentation
Indiana recognizes a limited tort of negligent misrepresentation as an exception to the "economic loss rule" that otherwise prevents recovery in tort for purely pecuniary harm. See U.S. Bank, N.A. v. Integrity Land Title Corp., 929 N.E.2d 742, 747-48 (Ind. 2010). Until recently, Indiana courts only recognized the tort in the employment context. See Trytko v. Hubbell, Inc., 28 F.3d 715, 720-21 (7th Cir. 1994).
To state a claim of negligent misrepresentation, Jasper must allege that Abbott, in the course of its business, supplied "false information for the guidance of others in their business transactions"; that others justifiably relied upon the information to their pecuniary loss; and that Abbott failed to exercise "reasonable care or competence in obtaining or communicating information." U.S. Bank, 929 N.E.2d at 747 (citation omitted).
In U.S. Bank, the Indiana Supreme Court extended the tort of negligent misrepresentation to the title insurance industry, finding that a land title corporation had a duty "to communicate the state of a title accurately when issuing its preliminary commitment." Id. at 749. As an initial matter, Jasper has not provided the Court with any Indiana precedent allowing a negligent misrepresentation claim to proceed against a manufacturer of consumer goods based on the manufacturer's advertisements to the public. See Trytko, 28 F.3d at 720 (noting that Indiana courts "recognized the tort of negligent misrepresentation in the limited context of an employer-employee relationship."). Moreover, Jasper's allegations do not demonstrate that Abbott misrepresented its product. Jasper's Complaint includes no marketing statements from Abbott that claim Similac is safe. Instead, Abbott's advertisements only refer to the nutritional value and nutrient blend of Similac. Jasper does not allege that a formula containing beetles or beetle larvae fails to contain a balanced blend of nutrients. (Compl. ¶¶ 18, 19.) Nor does Jasper contend that Similac was developed with fewer than 280 clinical studies. To the extent that Jasper claims that she was misled by Similac Sensitive's slogan-that it will provide a strong start for her baby's developing digestive system-that claim fails because Jasper does not allege that she purchased Similac Sensitive or that her son's digestive system was adversely affected by his Similac. Indeed, Jasper's failure to allege how her Similac was defective-beyond being subject to a recall-weighs against a finding of negligent misrepresentation. Accordingly, Jasper cannot maintain a negligent misrepresentation claim because she fails to allege that any of Similac's marketing materials contained false statements or that she relied on these statements to her detriment.
Jasper has not adequately pled either intentional or negligent misrepresentation, and, as such, the Court dismisses Counts I and II.
II. Indiana's Deceptive Consumer Sales Act
Jasper alleges in Count VI that Abbott violated the DCSA. Ind. Code §§ 24-5-0.5. She alleges that Abbott's marketing materials: a) indicated the formula had characteristics that it did not actually have; and b) declared a particular level of quality the formula did not meet. Id. at § 24-5-0.5-3(a)(1), (2).
Claims under the DCSA may be brought for an incurable deceptive act or once the consumer bringing the action "give[s] notice in writing to the supplier." Id. at § 24-5-0.5-5. Jasper does not allege that she gave written notice to Abbott about beetles in her formula, only that Abbott should have been put on notice when it received complaints several months before from other consumers. Constructive notice, however, is insufficient; the notice must come from the consumer bringing the action. See Lehman v. Shroyer, 721 N.E.2d 365, 369 (Ind. Ct. App. 1999); McCormick Piano & Organ Co., Inc. v. Geiger, 412 N.E.2d 842, 849 (Ind. Ct. App. 1980) ("The clear intent of the [DCSA] is to provide and facilitate pre-complaint settlements of consumer actions wherever possible and to establish a limited period during which such settlement may be accomplished. This clear purpose may be effectuated only by a literal application of the notice provisions.").
Without actual written notice to Abbott, Jasper may only recover against Abbott for an incurable deceptive act, which requires that she satisfy Rule 9(b)'s heightened pleading standard. Ind. Code § 24-5-0.5-2(8) (amended by Ind. Legis. Serv. 226-2011 (West)) (defining an incurable deceptive act as a "scheme, artifice, or device with intent to defraud or mislead"). As discussed above, Jasper does not satisfy the who, what, where, and when of the alleged fraud. Ackerman, 172 F.3d at 469. Specifically, Jasper does not allege when the marketing statements were made, where they were made, or if they were made after Abbott first learned of the contamination by the consumer complaints to the Food and Drug Administration.
Jasper failed to give notice to Abbott and failed to sufficiently plead key details in her Complaint with the required specificity under Rule 9(b). Jasper has not adequately alleged that Abbott violated the DCSA or that the Similac that she purchased did not have the characteristics and benefits that Abbott represented. Therefore, the Court dismisses Count VI.
III. Breach of Warranty
In Counts III and IV, Jasper alleges breaches of express and implied warranties for selling formula with a lesser value and quality than advertised.
To recover for a breach involving a sale, "the buyer must, within a reasonable time after he discovers or should have discovered any breach, notify the seller of breach or be barred from any remedy." Ind. Code § 26-1-2-607(3); see also Thompson Farms, Inc. v. Corno Feed Prods., 366 N.E.2d 3 (Ind. Ct. App. 1977). As discussed above, Jasper did not personally provide notice to Abbott regarding the problematic formula.
Jasper also fails to adequately allege that the Similac that she purchased lacked the benefits that Abbott advertised or that she subsequently failed to receive the benefit of the bargain. See, e.g., O'Neil, 574 F.3d at 504 ("because the [plaintiffs'] crib has not exhibited the alleged defect, [plaintiffs] have necessarily received the benefit of their bargain."). Jasper's bargain with Abbott "did not contemplate the performance" of Similac purchased by other consumers and, as such, she cannot rely on their experiences to allege that the Similac that she purchased was also defective. Id.
"If tort law fully compensates those who are physically injured, then any recoveries by those whose products function properly mean excess compensation." Bridgestone, 288 F.3d at 1017; see, e.g., O'Neil, 574 F.3d at 504 (finding that a suit "does not lend itself to contractual claims" where the defendants "have not failed to deliver what was promised."). Jasper has not alleged that the Similac that she purchased contained beetle parts or that it caused any physical injury to her or her son. Nor has Jasper demonstrated that she relied on Abbott's representations when purchasing Similac. While other consumers may have purchased Similac formula that contained beetle parts that injured them, Jasper may not rely on their experiences to claim that she did not receive the benefit of the bargain. See, e.g., O'Neil, 574 F.3d at 505 ("The [plaintiffs'] crib performs just as it was intended, and thus there is no injury and no basis for relief."). Jasper has not adequately alleged a breach of warranty because she has not adequately alleged that her Similac was defective. Accordingly, the Court dismisses Counts III and IV.
IV. Unjust enrichment
Jasper claims Abbott received unjust enrichment for its sale of the contaminated Similac formula. To prevail on a claim of unjust enrichment, Jasper "must establish that a measurable benefit has been conferred on the defendant under such circumstances that the defendant's retention of the benefit without payment would be unjust." Zoeller v. E. Chi. Second Century, Inc., 904 N.E.2d 213, 220 (Ind. 2009). "Consequently, a contract precludes application of quantum meruit because (1) a contract provides a remedy at law, and (2) as a remnant of chancery procedure, a plaintiff may not pursue an equitable remedy when there is a remedy at law."King v. Terry, 805 N.E.2d 397, 400 (Ind. Ct. App. 2004). Here, Jasper's unjust enrichment claim fails because she has not adequately alleged that Abbott unjustly benefitted from her Similac purchase or that the Similac that she purchased was defective. Jasper also retains adequate remedies at law-including Abbott's offer to refund consumers-to compensate her for her recalled Similac. As such, the Court dismisses Jasper's unjust enrichment claim in Count V.
For the reasons stated, the Court grants Abbott Laboratories' Motion to Dismiss and dismisses Jasper's Complaint without prejudice.
So ordered.
Virginia M. Kendall United States District Court Judge Northern District of Illinois
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Is the exceptionally booming Chinese economy in the midst of a global financial crisis a bubble? That is a question people ask. Many people believe China's growth is unsustainable. Without the consumption of the western world, Chinese enterprises have nowhere to sell their products. Some people just do not trust data released by the Chinese government. They think the data are fabricated to paint a rosier picture than reality. On the other hand, people like Jim Rogers believe the Chinese are the best free market capitalists in the world; and there is still huge growth potential in China for decades to come.
Among all the naysayers, Mr. Karl Denninger provided the most elegant proof that China is a bubble. He proved that mathematically anything that grows a certain percentage year over year, will reach infinity if the growth is sustained. Since infinity is physically impossible, the growth must be stopped at a certain point. I agree with Mr. Denninger that nothing grows forever. There are always physical limits to growth. I believe we are probably close to the point that the growth of the global economy itself is bouncing against the limited carrying capacity of the the natural resources of this planet itself. China, or any country for that matter, cannot keep growing at high speed forever. But that is NOT the question people are asking. We want to know if China's current growth is real. Can it be sustained for a few decades, or has it reaches the bubble stage?
You can not answer this question without visiting China and making your own observations. Many naysayers have not been to China recently. They probably do read news reports coming from China and then draw their conclusions based on what they hear. The problem is such second hand reports may or may not be true, but they surely do not reflect the whole picture. Drawing conclusions based on a partial picture is dangerous. It is difficult to see a whole picture if you merely read a few internet information source on China. I am visiting China right now and I am struggling to get that whole picture view of China. Fortunately, I can interact with the average folks in China so it is easy to find answers that puzzle most westerners.
For example, a widely cited argument is that the booming official auto sales number is not justified by the unremarkable increase of gasoline consumption in China. It defies logic that people would not burn more gasoline if they own more cars. Some analysts suspect that government agencies probably bought a lot of new cars merely to boost the numbers, and then simply park the cars in garages. Some simply assume that the Chinese government made up fictitious numbers.
Once I got to China, I found the answer to the logical paradox easily. The booming auto sales is a real phenomena. People, not government agencies, do buy new cars, not because of car buying incentives, but because they really need the cars, and that their incomes can afford cars now. And yes it is also true they do park their cars some of the days. In America, you can walk into any car dealer empty handed and within half an hour, you drive home a brand new vehicle, bought on car loans and properly registered with the DMV already. No such easy deal in China. Most people pay cash. Dealers will not even talk to you if you do not have cash in hand. You have to register your intention to buy more than three months ahead and wait three months to get the new car and register the license plate, as there is a limit how many new license plates can be issued and auctioned off per months. The money spent on acquiring a license plate number exceeds all other costs save the cost of the car itself and the cost of obtaining a reserved parking space. (It costs Y80K, or US$11.5K just to obtain a reserved parking lot below the residential building where you live.)
The cities in China have huge infrastructure problems. Not that they have not spent money on infrastructure developments. They did spend a lot of money building highways, roads, parking spaces, shopping centers and all that. But all the infrastructure building can not catch up with the pace in which peoples' quality of life is improving. The people have more money, they own more stuff, consume more, and demand more of everything. The city I am visiting has much more and much better highways and roads but even more cars. Giant construction cranes can be spotted everywhere. New highway bridges and subway routes are mushrooming. The whole city is dusty and foggy with terrible air quality, even right after a snow fall. But for now, the road system of the city is still severely congested.
The solution they are forced to adopt is the same as in many other Chinese cities; in major sections of the city, based on the calendar days, they alternatively allow only cars of even or odd license plate numbers on the streets. Violators are fined. Repeated violations result in confiscation of your car. (I did not ask what about around midnight time.) So what's the solution for the people? People who can afford it own two cars, one each with even and odd license plate. So on any given day, there is always one car they can drive.
China, as the world's most populated country and a major economy, is experiencing growing pains in its high speed economic growth. Yes, there are problems, there are negatives, there are dark sides. Are those things fundamental? No. They are not the whole picture. They do not represent where China stands now and where the Chinese economy is going. I have just solved the first China bubble paradox: Booming auto sales versus flat growth of gasoline consumption. In the next article I will solve the next China bubble paradox: Skyrocketing housing prices versus the limited affordability of the average Chinese folks.
Disclosure: The author does not have positions pertaining to the discussion in this article.


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Is Anybody Home
James Morrison, James MorrisonBuy this song
I've been moving in the wrong direction I've been looking for something that's gone Is there anybody who can hear me? Is there anybody home? Is there anybody home? Tell me, where are all the happy people? Where is the simple song? Even the birds have lost their music Tell me what is going on Well, tell me what is going on And we live our lives through magazines And see our neighbors on TV Hope someday that we can be like them And ain't it sad that deep inside We lost ourselves and don't know why I look up to the sky when I'm alone And I wonder is there's anybody home Everybody's gonna say it's crazy They say that it can't be done When did we all stopped dreaming About a world where everyone belongs Where everyone belongs The children lost their childhood The mothers have lost their strength The fathers have to keep on working Till the day the money's spent Oh, before they drop and die Well, we turn our back on what is real We don't even know how it feels Really want to buy a bigger car Baby ain't it true that deep in you This feeling lives and lingers too You look up to the sky when you're alone And you wonder is there's anybody home Tell me, tell me, tell me what is going on We live our lives through magazines We see our neighbors on TV Hope someday we'll be like them We lost ourselves and don't know why I look up to the sky when I'm alone And I wonder is there anybody home Is there anybody home
Written by: JAMES MORRISON, MARTIN TEREFE
Lyrics © Sony/ATV Music Publishing LLC
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