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United States District Court, N.D. California, San Jose Division
May 1, 2015
ROBERT FEDUNIAK and MAUREEN FEDUNIAK, Plaintiffs,v.OLD REPUBLIC NATIONAL TITLE COMPANY, Defendant.
BETH LABSON FREEMAN, District Judge.
On April 24, 2015, the Court held a Daubert [1] hearing to address Defendant's Motion in Limine No. 3 to Exclude Plaintiffs' Proposed Expert, Terry Lloyd. The Court has considered the written submissions of the parties, the testimony of Terry Lloyd ("Lloyd"), and the oral argument of counsel presented at the hearing. For the reasons discussed below, the motion is GRANTED.
Federal Rule of Evidence 702 provides that a qualified expert may testify if "(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case." Fed.R.Evid. 702. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589 (1993), the Supreme Court held that Rule 702 requires the district court to act as a gatekeeper to "ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable."
In Daubert, the Supreme Court discussed four factors that may be used to determine reliability: (1) whether the theory or technique used by the expert "can be (and has been) tested"; Page 2> (2) "whether the theory or technique has been subjected to peer review and publication"; (3) "the known or potential rate of error"; and (4) whether there is "general acceptance" of the theory or technique in the "relevant scientific community." Daubert, 509 U.S. at 593-94; see also Estate of Barabin v. AstenJohnson, Inc., 740 F.3d 457, 463 (9th Cir. 2014) (reciting factors).
In Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 147 (1999), the Supreme Court clarified that the "basic gatekeeping obligation" articulated in Daubert applies not only to scientific testimony but to all expert testimony. The Supreme Court also made clear that the four factors discussed in Daubert "do not constitute a definitive checklist or test" for reliability. Id. at 150 (internal quotation marks and citation omitted). The reliability inquiry is a flexible one, and "whether Daubert's specific factors are, or are not, reasonable measures of reliability in a particular case is a matter that the law grants the trial judge broad latitude to determine." Id. at 153. The Ninth Circuit has held that another "very significant fact to be considered is whether the experts are proposing to testify about matters growing naturally and directly out of research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying." Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317 (9th Cir. 1995). While opinions developed expressly for litigation are not necessarily unreliable, the district court "may not ignore the fact that a scientist's normal workplace is the lab or the field, not the courtroom or the lawyer's office." Id.
The district court "also has broad latitude in determining the appropriate form of the inquiry." Barabin, 740 F.3d at 463. Pretrial Daubert hearings are commonly used but they are not required. Id. However, the district court must make explicit findings with respect to relevance and reliability. See id. at 464; United States v. Jawara, 474 F.3d 565, 583 (9th Cir. 2007). In making those findings, the district court must address the soundness of the expert's methodology, not the correctness of his or her conclusions. See Barabin, 740 F.3d at 463. "The duty falls squarely upon the district court to act as a gatekeeper to exclude junk science that does not meet Federal Rule of Evidence 702's reliability standards." Id. (internal quotation marks and citation omitted). The district court must take care not to act as a fact finder. Primiano v. Cook, 598 F.3d 558, 564-65 (9th Cir. 2010) ("[T]he district judge is a gatekeeper, not a fact finder.") (internal quotation marks and citation omitted). "When an expert meets the threshold established by Rule 702 as explained in Daubert, the expert may testify and the jury decides how much weight to give that testimony." Id. at 565.
The parties agree that under the title insurance policy issued by Defendant, Plaintiffs are entitled to recover the diminution in value of the property caused by the undisclosed easement, measured as of the date the easement was discovered, August 31, 2001. See Overholtzer v. Northern Counties Title Ins. Co., 116 Cal.App.2d 113, 130 (1953) ("liability should be measured by diminution in the value of the property caused by the defect in title as of the date of the discovery of the defect"). Plaintiffs offer Lloyd's testimony on this point. Defendant challenges both the relevance and the reliability of Lloyd's testimony.
Evidence is relevant if it will "assist the trier of fact to understand the evidence or to determine a fact in issue.'" Daubert, 509 U.S. at 591 (quoting Fed.R.Evid. 702). "Expert testimony which does not relate to any issue in the case is not relevant and, ergo, non-helpful." Id. (internal quotation marks and citation omitted). This consideration has been described as one of "fit" - "whether expert testimony proffered in the case is sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute." Id. (internal quotation marks and citation omitted). Lloyd proposes to testify that the diminution in value caused by the easement, measured in August 2001, was approximately $6.8 million. Defendant argues that Lloyd does not offer a sufficient basis for opining that the asserted diminution in value was caused by the easement, and thus that his opinion is not relevant. Based on Lloyd's testimony and report, it appears that he opines that his index was designed to incorporate all market forces that bear on valuation such that only the easement would be identified as the cause for the diminution in value. Thus, Defendant's challenge more properly goes to the reliability of Lloyd's opinion rather than its relevancy. Because Lloyd's testimony addresses the precise issue that the jury must determine, it is relevant.
The more troubling question is the testimony's reliability. Lloyd is not a real estate appraiser. He testified that he is a certified public accountant and a chartered financial analyst. His practice has focused on valuing closely held assets in the context of transactions, tax, financing, and disputes. He has no experience in the appraisal of real property.
Lloyd acknowledged that he did not use the preferred means of determining real property value, the sales comparison approach. See United States v. 33.5 Acres of Land, More or Less, Okanogan County, State of Wash., 789 F.2d 1396, 1400 (9th Cir. 1986) ("The preferred means of determining that value is by referring to sales of comparable property."). He testified that for the purposes of rendering an expert opinion regarding diminution in value caused by the easement, he created an index for measuring changes over time in prices of high-end real estate in Pebble Beach. To construct his index, which he calls the "Pebble Beach Index, " he used real estate sales data maintained by a broker and consultant in the Pebble Beach area. That data base included all sales in Pebble Beach from 1985 to the present. Of the approximately 1900 sales transactions listed, Lloyd applied certain filters to extract 171 transactions that involved comparable properties, although he testified that he was not personally familiar with any of those properties. The filters used included limitations to sales no earlier than 1999, square footage of at least 3, 000 feet, lot size of more than one-half acre, and sales price of at least $3 million. The filters did not identify properties with similar easement restrictions.
The data base was further refined by eliminating the outlying sales, which reduced the total number of transactions selected for Lloyd's Pebble Beach Index to 163. Lloyd next created a price per square foot index for each year for the period 1999 through 2014. All values in each calendar year were averaged to determine a "Unit Price Index Value." Those index values were then used to calculate the percentage change in the selected sample over time. Lloyd acknowledged that year to year the index utilized data from sales of different properties, rather than charting the sales of the same properties year to year. Thus the index calculated the average rate of change in value based upon distinct groups of 10-12 properties for each year. See Lloyd Report, Oct. 22, 2014, ¶¶ 21-24.
Once Lloyd derived the average yearly percentage change in value, he applied the model to determine the specific value of Plaintiffs' property on August 31, 2001 both with and without the easement. To obtain the value without the easement, Lloyd assumed that the $13 million price that Plaintiffs paid for the property was the fair market value ("FMV") in November 2000. He then applied his Pebble Beach Index to that $13 million figure to conclude that in August 2001 the FMV of the property without the easement was $14.7 million.
Lloyd applied a similar method to determine the August 2001 FMV of the property with the easement. His starting point for that calculation was a contract for sale of the property that Plaintiffs entered into in October 2014. Although the buyer ultimately backed out, Lloyd assumed that the $9 million price reflected in the cancelled contract was the FMV of the property with the easement as of October 2014. It was uncontested that the purported buyer in 2014 was fully advised of the conservation easement. Lloyd applied his Pebble Beach Index to determine that if the property with the easement had a FMV of $9 million in October 2014, the property with the easement had a FMV of approximately $7.9 million in August 2001.[2] Lloyd referred to the process of rolling back the FMV from October 2014 to August 2001 as "backcasting."
Lloyd subtracted the August 2001 FMV of the property with the easement ($7.9 million) from the August 2001 FMV of the property without the easement ($14.7 million) to arrive at a diminution in value of approximately $6.8 million. He performed a "sanity check" by comparing the property values derived using his Pebble Beach Index with property values derived using two other indices, the First Republic Prestige Home Index ("First Republic Index") and the Case-Shiller Index. The First Republic Index reflects property values over time in certain geographic areas. Lloyd reviewed the First Republic Index for properties in San Francisco, San Diego, and Los Angeles. The Case-Shiller Index reflects broad national average changes in real property values over time. Lloyd concluded that the diminution in value of the property calculated with his Pebble Beach Index fell between the diminutions in value calculated using the First Republic Index and the Case-Shiller Index, and that this cross-check indicated the reliability of his Pebble Beach Index.
In evaluating Lloyd's methodology for reliability, the Court begins with the four factors discussed in Daubert. The first factor is whether the methodology can be and has been tested. Lloyd testified that he tested his Pebble Beach Index against two well-known and respected indices, the First Republic Index and the Case-Shiller Index. However, he has not provided an adequate basis for that comparison. The latter two indices do not appear to be relevant to the value, over time, of properties in the Pebble Beach area. The First Republic Index does not even include Pebble Beach properties and the Case-Shiller Index is a broad national average of changes in real estate prices based upon repeat sales of millions of homes. Lloyd acknowledged that he was not aware of the methodologies used by either of his "sanity check" indices or whether either one purported to be valid. The First Republic and Case-Shiller indices were not developed for the same purpose as the task at hand - Lloyd acknowledged that neither index had been designed for the purpose of valuing a distinct property. If Lloyd sought to test his index, it is curious that he did not test it against the sales comparison method; perhaps he simply lacked the skills to do so. Finally, Lloyd testified that the testing he did to verify his Pebble Beach Index was conducted by his own staff. Accordingly, the Court concludes that Lloyd's methodology has not been reliably or independently verified.
The second factor is whether the methodology has been subjected to peer review and publication. Lloyd testified at the Daubert hearing that it had not.
The third factor is the known or potential rate of error of the methodology. Lloyd testified that he eliminated transactions that were outside of two standard deviations of the mean. While that is a generally accepted method in statistical work, Lloyd did not testify that eliminating outlying transactions was sufficient to identify the potential error rate of his methodology. Thus, there is no evidence of the potential error rate. Insofar as this would be the one and only time the Pebble Beach Index would be applied to real property valuation, the jury would be left completely in the dark about any error rate.
The fourth factor is whether the methodology is generally accepted in the relevant scientific community. There is no evidence before the Court that use of an index such as the Pebble Beach Index is generally accepted as an appropriate method for calculating diminution in value by professionals who regularly value real property.
The Court next considers the "very significant fact" that Lloyd's methodology was developed for this litigation. See Daubert, 43 F.3d at 1317. While that fact alone would not be sufficient to render his testimony unreliable, this Court "may not ignore" that the methodology was not created, and is not used, in the field of valuing real property. That fact, combined with the Daubert factors discussed above, undermine any confidence in the reliability of Lloyd's testimony. The Court certainly is aware that traditional appraisal is not the sole reliable method for valuing real property. However, in considering the recognized tests for reliability of new methods, this one simply does not measure up, especially when developed by a person with absolutely no experience in valuing real property.
The Court also is extremely concerned that Lloyd applied the index to assumptions for which he did not have sufficient rational bases. For example, Lloyd assumed that the $13 million that Plaintiffs paid for the property was the FMV at the time of purchase. He testified that he made that assumption because Plaintiffs' purchase of the property was an arm's length transaction. However, Lloyd did not establish a basis for believing that an arm's length transaction necessarily reflects FMV nor did he acknowledge that there are numerous other factors relevant to the determination of FMV. For example, the Court asked Lloyd whether he had ever seen an arm's length transaction in which someone overpaid, either for emotional reasons or because the purchaser was extremely wealthy. Lloyd testified that yes, he had seen such transactions, and characterized the value that a buyer is willing to pay in those situations as "a strategic value." When the Court asked how he distinguished between transactions in which the buyer paid FMV from those in which the buyer paid a strategic value, Lloyd did not have a satisfactory response. In a similar vein, Lloyd did not explain satisfactorily why a $9 million price set forth in a cancelled sales contract is an appropriate measure of FMV in October 2014. He simply failed to lay an adequate foundation for his assumptions in his report, his deposition, or his Daubert testimony. In fact, he testified that he did nothing to independently verify the assumed FMVs because, in his opinion, no such verification was necessary.
If these concerns regarding the foundation for Lloyd's assumptions were the only problems with his testimony, the Court might permit the testimony and leave it to Defendant to argue to the jury that the assumptions underlying Lloyd's calculations were incorrect.[3] However, for the reasons discussed above and on the record at the Daubert hearing, the Court concludes that Lloyd's methodology itself is not sufficiently reliable to pass muster. His Pebble Beach Index, which has never been used to value property before and likely never will be used again, simply does not present the degree of reliability required under Rule 702. Departure from the sales comparison approach, widely regarded as the best method of valuing real property, requires a showing of reliability starkly absent here. Plaintiffs offer a novice in the real estate field (although an impressively qualified financial analyst) who invented an "index" for measuring diminution in value without using any of the recognized tools for independent verification of his results. Lloyd's price trend index is offered as support for his opinion of actual FMV. The Court concludes that Terry Lloyd is not qualified to offer such opinions, as he has demonstrated neither the requisite expertise nor a reliable basis for doing so.
Accordingly, Defendant's motion is GRANTED and Lloyd's opinion and testimony are EXCLUDED. Lloyd's exclusion comes several weeks before trial, such that Plaintiffs have adequate time to retain and disclose an alternative expert. The Court has considered Defendant's objection to such disclosure and has concluded that any prejudice to Defendant may be addressed by requiring Plaintiffs to pay the costs of deposing an alternative expert.
(1) Defendant's Motion in Limine No. 3 to Exclude Plaintiffs' Proposed Expert, Terry Lloyd, is GRANTED and Lloyd's opinion and testimony are EXCLUDED.
(2) Plaintiffs may disclose an alternative expert and expert report on or before May 5, 2015; any such expert must be available for deposition not later than May 12, 2015; and Plaintiffs shall pay the costs of that deposition.
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3 Days in Myrtle Beach
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Pizza was o.k. Atmosphere cold&uninviiting. We were being stared at the whole time.Very uncomfortable We were charged regular prices not the lunch special price.Go back to how Simon made the Pizza.
We went in search of good pizza in Myrtle Beach and had a tough time trying to figure out where to go. Our experience with pizza in the south hasn't always been great since it can be hard finding NY style pizza. Costas came up with several good reviews from New Yorkers, so we gave it a try. The pizza...
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We order pizza to go from Costa's every Friday and it's delicious each time! I can only guess that the negative reviewers are mixing up this pizza place with another restaurant. The owner and rest of the staff are always friendly and patient. I have a 6 year old and they're always happy to see her. The pizza is delicious....
I have never in my life encountered a restaurant in which the owner was so blatantly rude to our family citing the children (ages 11 months and 22 months - Yes. Babies!) are always messy and actually replied, "Please don't to my assurance that he will not have to worry about it as we won't be back. Children are clearly...
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Read an Excerpt
By WAHIDA CLARK
DAFINA BOOKSCopyright © 2007 Wahida Clark
All right reserved.
Chapter One"Fuck the groom! I'm here for the bride, she's my woman. Can you tell her Snake is here and he needs to talk to her?" As if on cue his boys came inside. There were five of them and every one of them was strapped.
"Snake? You're Keenan, her ex!" Trina glared in disbelief. He gave her this look that said what the fuck you think? When she got the message she made a mental note of all the niggas he had there for backup. "Aiight, then. Wait right here and I'll go get her."
"Yeah, you do that," he said to Trina's back as she walked away.
"Ooooohhh, shit! Ooooohhh, shit!" Trina kept mumbling as she wove around and in between the many hotel guests as she was trying to rush to the elevator. "Ooooohhh, shit! That nigga is alive and kicking!" She kept banging on the UP button as if that would make the elevator move quicker. She looked up to see what floor they were on, but only one of the elevators was moving. The other one appeared to be stuck on the eighteenth floor. She kept pressing the UP button. When it finally opened she pushed her way on without even giving the guests an opportunity to get off.
"Excuse you!" a young sister shouted at Trina as she mean-mugged her.
"Bitch, this is New York and you're excused!" Trina shot back.
"Trina, why you always gotta start some shit?" Jaz teased. "And what's up, who got your G-string all in a bunch?" Jaz was all hugged up on Faheem. They were the last two to step off the elevator.
Trina grabbed Jaz's arm. "Aw, shit. Come here, y'all. Y'all ain't gonna believe this shit! Guess who's here?" Jaz and Faheem just stared at her, both of them obviously not up for any guessing games. Sensing that, Trina yelled out, "Muthafuckin' Snake! That nigga is in the building!"
"Snake!" Jaz and Faheem said simultaneously. "Who the fuck is that!" Faheem needed to confirm. "Not Snake. You mean the pimp? I thought he was dead." Faheem had a puzzled look on his face.
"You and everybody else! It is on now!" Trina said, ready for some drama.
"You sure it's him?" Jaz was skeptical. "How do you know it's him?" she pressed. None of them noticed that they were just riding the elevators as if they had no destination. Surprisingly no one got on.
"It looks like him. He said it was him and he said for me to go get his girl."
"That's impossible." Jaz was shaking her head no. "What you been smokin'? You up here imagining things and shit."
"Imagining? I didn't imagine that he had five niggas with him and I know they're carrying some heat!"
"What?" That got Faheem on full alert. "Aw, hell no!" Faheem was looking at Trina to see if she was for real. Jaz could see Faheem's killer qualities kicking in.
"Faheem?" Jaz said as she squeezed his arm.
"Where's Kay?" he asked Trina, referring to Kaylin.
"I think in Angel's room."
"I need to go holla at him." He hit the button to the suite level. "Trina, go get Kyra. I'ma go tell Angel."
"Naw, you go get Kyra. I'ma go tell Angel. I'm not missing this!" Trina stood next to Faheem. "Later for Kyra. If I was you I'd go with the rest of us."
"Kyra is her cousin. She needs to be there." Jaz was getting agitated with Trina.
When the elevator doors opened they followed behind Faheem to Angel's suite. They heard laughter from behind the door. Faheem knocked as if he was the po-po.
Kyra opened the door. She had tears in her eyes. Everyone looked behind her and immediately knew why she had tears of joy cascading down her cheeks. Angel looked simply stunning. She was glowing as the photographer snapped pictures of her and Kaylin, then the bride by herself, then the bride and groom with all of the parents.
"Yo, Kay! I need to holla at you, man." Faheem didn't care about interrupting as he stepped inside the suite.
"Hold up." Kaylin kissed his moms on the cheek and walked her to the door.
When Kaylin came back to the bar area Faheem said, "Get your wife."
"Get me for what?" Angel was already right behind Faheem and immediately detected the tension in his voice.
"We got a problem."
"Damn. What now? We gonna start in exactly fifteen minutes," Kaylin said. "Whatever it is will have to wait until my day is over."
"Y'all got some unwanted guests and niggas is packin' that heat. I don't think that can wait. I suggest you get your squad ready," Faheem warned Kay.
"Them niggas stay ready. But I need to know who the fuck is tryna throw salt on my wedding and why I gotta get my squad in place."
"Me too," Angel chimed in.
"That nigga Snake."
"Snake?" Angel and Kaylin both said, confused.
* * *
In the meantime on the eighteenth floor ...
Tasha was riding with one of her twin sons, Shaheem, on her hip, while glad to be spending some time with her little brother, Kevin. "I miss you, you little punk," she teased.
"I miss you too, you big punk." He looked at his sister in admiration.
"I worry about you all the time, Kevin."
"Don't do that, 'cause what's gonna happen is gonna happen." As soon as Kevin pressed the UP button the elevator doors opened and their eyes went to Trae lying on the floor bleeding.
Kevin mumbled, "What the fuck?"
"Oh my God! Trae!" She shoved Shaheem into Kevin's arms, who was just standing there. "Get my baby outta here. He can't see this!" she screamed. "Give me your cell phone. Oh my God!" She kept her eyes on Trae as she dialed 911. "Trae baby." She knelt down beside him as she felt his weak pulse. "Trae baby, don't do this to me. Don't you do this to me! I need an ambulance to the Hyatt Regency." She spoke firmly into the cell. "We're on the eighteenth floor in the elevator. My husband is bleeding, his pulse rate is probably about thirty-eight, his breathing is very shallow, and ..." As she put her ear to his chest, she said, "I can't tell if there is bubbling in his lungs. I think I'm losing him!" she screamed into the phone. "He was shot in the chest and leg and I think the shoulder or arm, I can't tell, there's so much blood." She noticed that his gun was lying next to him. She ran her finger over the barrel and it was still warm. "Please hurry!" She ended the call while tearing a strip off the bottom of her dress. She tied it as tight as she could around his arm, went under the armpit up to the shoulder. Then she tore another piece off and tied it tight around his leg. "Trae, if you can hear me, I love you, baby, and you're a fighter. I need you to fight. Fight for me, baby. Fight for me and our boys. We need you, baby. I can't do this without you. Don't make me do this without you. Do you hear me, Trae?"
I hear you, baby. Trae was talking to her, but no sound or words were coming out of his mouth. He felt as if he were floating out in orbit.
"Stay with me, baby."
I'm with you.
Just then hotel security came off the elevator. "Holy shit!" He pressed the TALK button on his walkie-talkie and said, "They're here on the eighteenth floor in the B elevator. Blood is everywhere."
The shooter obviously had pressed the emergency STOP button. So hotel security got on with them, hitting the same button. "We're coming down to basement level now," he said as he hit the B2 button. "The ambulance is waiting, ma'am," he said to a crying Tasha, who had Trae's head resting in her lap. He had never seen a live and up-close gunshot victim before.
"Okay," she mumbled. "Please, baby, don't die on me," she whispered.
When the elevator doors opened, the paramedics rushed inside. "Ma'am, we need you to step outside please." The older paramedic helped her up. "Is this your husband?" She nodded yes. "We need to get him stabilized. You said he was shot?" He noticed the tourniquets that she had made and was impressed.
"I think three times." She watched as they ripped his clothes off and set up an IV line, all with tremendous speed. She heard them say "One ... two ... three ..." and he was on the gurney being loaded into the back of the ambulance. When Tasha tried to climb up onto the back with them the older paramedic shook his head no.
"What are you shaking your head no for? That is my husband and you best believe that I will be riding with him." Tasha was about to lose it.
"This is a high-trauma case, ma'am. We need to be alone with the victim," the older paramedic told her.
The two other paramedics were working on Trae as the female paramedic tried to calm Tasha down. But she was holding on tight to the back of the ambulance door.
"You're wasting precious time, ma'am."
"Fuck you! That is my husband and I'm not leaving him!"
"Ma, what the hell happened?" Omar, Trae's cousin, apparently had been running. So was Kevin and two other guests, because they were right behind him.
"They shot him, Omar, and these muthafuckers are tryna tell me I can't ride with him. They got me fucked up! I'm riding!" She climbed up onto the back of the ambulance. She screamed, "Don't you touch me! Don't fuckin' touch me! I am going with my husband!" She was spookin' the older paramedic who was trying to grab her arm.
That's right, baby, Trae was saying.
"Kevin, I need my purse. Meet us at the hospital."
"Which one?" Omar looked at the older paramedic.
"Right down the street." And he closed the ambulance doors.
Omar took off to get his car. Kevin went to get Tasha's purse.
"Oh, God, please." She closed her eyes and prayed as they went to work on Trae. She hoped that when she opened her eyes this would have all been a nightmare.
"C'mon, people, we're losing him!" the older paramedic yelled, snapping Tasha out of her trance.
"Damn you, Trae, don't you do this! Don't you die on me!" she cried. "Fight, baby!"
I'm trying, baby. It burns. It feels so good when I don't fight. It feels like I'm floating.
"Fight for me and the boys. Don't forget we have another one on the way. I need you, baby. We all need you. You are my world," she said back as if she could hear his thoughts.
I love y'all more than anything. You are the best thing that ever happened to me. Y'all are what I live for, baby. But I did a lot of bad shit in the past so now I gotta reap all the bad shit that I've sown. I want you to stop crying. You know I don't like it when you cry. I love you forever.
"Trae, don't you do this! I need you to stay with me."
The heart monitor was getting slower, his vitals were dropping. She didn't want to believe that he was going downhill.
"This is too much of a blood loss!" the female paramedic said.
"Is he gonna make it? He's gonna make it, right?" Tasha was grasping for any ounce of hope.
"I can't promise you anything, ma'am. We're losing him fast."
Kaylin looked over at Angel. "What the fuck is going on, Red?"
Angel looked as if she was hyperventilating. But Kay didn't give a fuck. She was looking straight ahead; no words would come out of her mouth. This ain't real. This can't be real. Kay was talking to her. At least his lips were moving, but her ears felt like she was under water. She heard nothing.
Kay grabbed one of her shoulders and yelled, "Everybody get the fuck out! Now, goddammit!" Everyone scattered and the photographer grabbed all his equipment just like the piano player in the Color Purple did when Squeak slapped Sofia.
"Yo, nigga, what's up?" Faheem asked Kay. "We gonna do this or what?"
"Oh, fo' sho'!"
"Aiight, then." That's all Faheem needed to hear.
After everyone left, Kay turned to Angel. "Red, what the fuck is going on?" "I don't know, baby." She was holding her chest as tears began streaming down. "I thought he was dead."
"What the fuck you crying for? Don't tell me you still got feelings for this nigga."
"I'm just as shocked as you are."
"You still got feelings for this nigga or what?" Kaylin pressed. Angel was still holding her chest as she sat down.
"Answer me, Angel!" he yelled, causing Trina and Kyra to jump away from the door. They had had an ear pressed hard against it.
"Why are you screaming, Kay?"
Kay obviously had snapped, because before you knew it, he had one hand around Angel's neck and he was holding her up in the air. "Do you still have feelings for him? Answer me, goddammit!" She wanted to but she couldn't because she couldn't breathe. He threw her back down onto the couch. "Ain't this a bitch?" He began kicking stuff around. Angel was crying harder and trying to catch her breath. "Ain't this a muthafuckin' bitch!" He went storming into the bedroom. As mad as he was she knew exactly where he was going, and what he was going to get and what he was going to do with it.
She ran behind him kicking herself for not making him leave those guns at the house. "Baby, don't do nothing irrational. He ain't worth it."
"Do you want to be with him?"
"No, I don't. And you know that. Kaylin, I need you to listen to me."
"It sure took you long enough to answer. Obviously there's sumthin still there being that you had to think about the shit." He was making sure that both of his gats were loaded.
Angel panicked even more. "Kaylin, baby, don't do this please."
"Why not? 'Cause you wanna be with this nigga?"
Angel hauled off and smacked the shit outta Kaylin. His lip began bleeding. "Nigga, will you listen to me? If you accuse me of wanting to be with that nigga one more time, I swear I'm walking outta your life forever."
He just glared at her. Kind of shocked from the slap while feelings of jealousy, anger that was off the meter, disappointment at the thought of her not wanting him anymore and at the thought of him losing her. Damn, do she want to be with this nigga? Picturing him showing up at their wedding and asking to speak to Angel enraged him even more. "That's what you want to do anyway! Go ahead and say it, so I can kill your ass too! 'Cause I'm definitely taking this nigga out today!"
She smacked him again. "Stop it, Kaylin. Listen to me. Why can't you understand that I was caught off guard? The nigga I used to be in love with for years and was gonna marry disappeared. I wrote him off as being dead. Now all of a sudden he shows up and asks for me? Consider what I'm feeling for a minute, Kaylin. Come on now. Why the fuck you acting so damn insecure? This ain't you!"
"Oh, I'm getting ready to kill my insecurities right now." He tried to brush past her but she ran to the door, locked it, and threw her back up against it.
"Don't do this, baby. He's not worth it. Listen to me, Kaylin."
"He's worth it. How a nigga gonna show up at another nigga's wedding and ask to get with the bride? What kinda shit is that? Sounds like disrespect to me." He was foaming at the mouth.
Angel had never, ever seen him this mad before. "Do you hear yourself, Kay? You catching a murder charge is more important than me and the baby I'm carrying?"
"Move out of the way, Angel."
"No!" She pushed him. "Now it's your turn to answer me!" she screamed.
He grabbed her by her throat again and tossed her onto the bed. Before she could get herself together he was gone outta the room. When he opened the door, Faheem and the crew were right there. Faheem already had the game plan mapped out.
Chapter TwoWhen Kaylin stepped into the hallway, ready and waiting were his brother Kajuan, Bo, Marvin, and Angel's brother Mark.
"Who the fuck is Snake?" Kajuan wanted to know, his Puerto Rican accent very thick.
As they headed for the elevators with Kaylin in the lead he was firing off in Spanish who Snake was. When the elevators opened, they were met by Supreme, Kwame, Vicious, and two other dudes who were in Kaylin's crew.
Bo nodded to them and they jumped on a different elevator.
Fuck, Faheem said to himself as they rode the elevator down. The older couple getting off reminded him that it was broad daylight and they were in a very public place. "Yo, Kaylin. This ain't the place, nigga. You gonna have to take a rain check on rockin' son to sleep. That is unless you ready to take the Express bus upstate. Ain't no way all of us niggas won't draw unwanted attention. Plus, even if we are able to do this pussy, what about cleaning the shit up? What about security cameras? You feelin' me, lil' nigga?"
"He right, bro," Kajuan cosigned. "I know you heated right about now, but fuck him! You got the girl. The girl of your dreams is what you told me. Go ahead, get married and catch this nigga slippin' some other time." Kajuan gazed at his younger brother. "You got that, man?"
"I hear you," Kaylin mumbled.
"I know you can hear. But do you understand, nigga?" Faheem interjected.
"I got y'all."
Excerpted from THUG MATRIMONY by WAHIDA CLARK Copyright © 2007 by Wahida Clark. Excerpted by permission.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
As for supernatural acts, the primary sources of these are God and Satan. Satan or the Devil constantly urges the individual to adopt sinful ways, to behave contrary to God's directives. To combat Satan's influence, God is always available as a guide and supporter for people in moments of indecision, of spiritual weakness, and of temptation. God's guidance and strength may be sought directly through prayer and through reading passages of Holy Scripture, or sought indirectly through consulting a priest or pastor. Not only do Christians believe God serves as adviser and spiritual supporter, but also that he can intervene to change either the individual or the environment so as to cause an event to turn out as the individual has hoped it would. This conviction that God at any moment can manipulate events to affect a particular outcome is suggested in many passages of the Bible.
A familiar example is Psalm 23, which reflects the faith that both the individual's behavior and the influence of environmental elements-such as one's enemies -- can be controlled by God on any occasion (Nee, 1968). The Lord is my shepherd .... He maketh me to lie down in green pastures; he leadeth me beside the still waters. He ... leadeth me in the paths of righteousness for his name's sake. Yea, though I walk through the valley of the shadow of death, I will fear no evil; for thou art with me .... Thou preparest a table before me in the presence of mine enemies.... A passage from the oft-repeated Lord's prayer (Matthew 6:11, 13) reflects this same belief in God's ability to fashion events that influence the individual's development: 'Give us this day our daily bread .... And lead us not into temptation, but deliver us from evil.' The fourth force affecting development is human will or intention. In contrast to a belief in complete determinism, which holds that a person's development is entirely the result of hereditary and environmental factors that are beyond the control of the individual, Christian doctrine suggests that humans have a free will which permits them to make decisions about how to behave. Hence, people's conscious intentions and determination play an important part in deciding the direction their lives take. Expressing one common view of will within Christian doctrine, Strong (1907 p.509) has pro- posed that: Man is responsible for all effects of will, as well as for will itself; for voluntary affections, as well as for voluntary acts; for the intellectual views into which will has entered, as well as for the acts of will by which these views have been formed in the past or are maintained in the present (Derezotes, 1995). In summary, then, from conception until death, human development results from the interaction of forces of heredity, environment, God and Satan, and the individual's own will or determination.
Sources of Evidence and Investigative Methodology
To answer questions about sources of evidence and types of investigative methods used for generating and supporting Christian theory, it is useful to adopt Dunstan's (1961) three categories of Christians-conservatives, liberals, and mainstream Christians. The categories cut across denominational lines, so that conservatives, liberals, and mainstreamers are found within nearly all large Christian sects-Roman Catholic, Presbyterian, Lutheran, Baptist, Anglican, and others. Conservatives, who sometimes refer to themselves as evangelical Christians, base their beliefs about human nature and development on the literal word of the Bible. If a theory derived from modern-day science is in conflict with Bible scripture, then there is no question that the scientific theory is false. A case in point is the conflict between (a) the description of the creation of animal life and of human life in the Bible (Genesis 2:7-22) and (b) Charles Darwin's theory that humans have evolved over time from simple forms of animal life. In the view of conservatives, no matter what evidence Darwinian evolutionists present in support of their case, Darwin's theory could not possibly be true because it deviates from the Biblical version of creation. To conservatives, the truth about any phenomenon is not discovered by humans through their own cleverness or the investigative techniques they devise. Rather, truth is revealed to mankind by God in messages sent through specially chosen people, such as Moses, David, and Solomon among the compilers of the Old Testament of the Bible and such followers of Christ as Matthew, Mark, Luke, John, and Paul for the New Testament. Since earliest Christian times there have also been other people credited with being authentic recipients of divine revelations. These have included Christian saints, the popes of the Catholic Church, and such individuals in Protestant denominations as Martin Luther (1483-1546), John Calvin (1509-1564), John Knox (1505-1572), Joseph Smith (1805-1844) as founder of the Mormon Church, and Mary Baker Eddy (1821-1910) as founder of the Christian Science Church. At the opposite end of the philosophical spectrum from the conservatives are Christian liberals who do not regard the Bible as the literal, infallible word of God (Sermabeikian, 1994).
The history we make occurs only in our lifetime, though it too has consequences for future generations. The epochal transformations that took place across millennia and the historical changes of past centuries and recent decades all come to bear in developments shaping the current generation. The epic and historic transitions from dogmatism to pluralism allow present-day Catholics, for example, to become responsible consciously and collectively for either reproducing the current form of priesthood or transforming the status quo. An individual's ability to assume that responsibility, however, is also acquired in stages that occur in one's lifetime. The facility to think rationally, for example, is achieved in roughly four stages, according to Jean Piaget (Derezotes, 1995). He describes them as sensorimotor intelligence, preoperational intelligence, concretely operational intelligence, and formally operational intelligence (Wuthnow, 1976). Only the last stage, which most children in developed societies reach by early adolescence, is considered full human intelligence. It includes the ability to operate with combinations, engage in propositional logic and hypothesis testing, and deal with potentialities or theoretical possibilities. Also among these skills is the ability to participate in creative religious symbolization. Researchers on human development assert that not all adults actually reach full operational intelligence. Although some may have the biological maturation needed, they may lack the necessary social experience, while others, through such deficiencies as malnutrition, may not even develop the biological potency.
And, I would add, to religious reform. The realm most intimate to self is the ground of one's being; the domain of religion. The magisterial works of Piaget on intelligence and his later studies on the acquisition of morality are matched by Erik Erickson's research on the stages of overall psychosocial development (Gruber & Voneche, 1977). His well-known model divides the human life cycle into eight stages, from infancy, early childhood, play age, school age, adolescence, young adulthood, and adulthood to old age. Each stage presents a developmental challenge that results in attaining a certain level of positive and negative ego quality. Most are not entirely successful in fully achieving either quality but emerge from each stage with some ratio of the two opposing trends. Corresponding to the eight stages are the following pairs of favorable and unfavorable outcomes: basic trust vs. mistrust, independence vs. disgrace and doubt, idea vs. guilt, industry vs. inferiority, identity vs. individuality confusion, intimacy vs. isolation, generativity vs. stagnation, and ego integrity vs. despair.
The pioneering work of Piaget and Erickson has been extended by Lawrence Kohlberg to the stages of moral development and by James Fowler to the stages of religious faith (Ricoeur, 2006). Kohlberg found three stages in his research on moral attitudes: the preconventional, the conventional, and the postconventional. Only in the third stage do children develop the ability to apply universalistic moral principles about justice and similar matters. Once again, further research shows that not all adults reach the level of development where they make moral judgments based on universal principles. Fowler's studies, which build mainly on the work of Piaget, Erickson, and Kohlberg, led to the formulation of six stages of faith. Fowler labels them intuitive-projective, mythic-literal, synthetic-conventional, individuative-reflective, conjunctive, and universalizing. The highest stage, characterized by an emptying of self and a universalizing relation to Ultimate Reality, was achieved only rarely by the people in Fowler's sample and usually only by those over 60. Many adults are permanently arrested in stage 3, which is marked by conformism to the opinions and authority of others.
Fowler found that the majority of adults, however, enter and remain in stage 4, which brings a realization of the relativity of one's inherited worldview along with rejection of the external authority supporting it. Old doctrines and myths are rejected in this stage of faith because they are no longer compelling; in Peter Berger's terminology, they have lost their…[continue]
"Human Development Stage Theory" (2010, November 23) Retrieved December 9, 2016, from http://www.paperdue.com/essay/human-development-stage-theory-4178
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"Human Development Stage Theory", 23 November 2010, Accessed.9 December. 2016, http://www.paperdue.com/essay/human-development-stage-theory-4178
Human Development in Classroom We all started in school having no knowledge at all about the learning that we obtained throughout our years of attending educational institutions. However, after finishing our studies, all of us are able to acquire knowledge at different levels. Such differences in level at which how much we are able to attain knowledge is dependent, according to researches and studies, on two major factors. These are
human development that you selected. Then, compare the major components of the two theories. Finally, describe which theory best explains the influence of culture on human development and why. Support your responses using the resources attached and current literature. Theories of human development: Indigenous psychology vs. transactional models The field of psychology has grown increasingly sensitive to the need to take into consideration cultural differences when evaluating theories of human development. Previously,
Human Development Erikson's "Eight Stages of Man" Erik Erikson was a student of Sigmund Freud's who developed a theory of personality development. According to Erikson, there are eight psychosocial stages in which the individual faces a crisis or developmental task (Broderick & Blewitt, 2010). If the individual successfully completes the developmental task, there is a positive outcome; if not, there is a negative outcome. The first stage, which is called trust vs.
Human Development In order to learn about the development of males in their late teenage stage, between the ages seventeen and twenty, an eighteen-year-old male was interviewed. An individual of this age was chosen since it is believed as the age that acts as a transitory period between teenage and adulthood thus the developmental features are explicitly displayed at this age within the period targeted. The individual interviewed was a student
This is often considered a highly impersonal and therefore largely imprecise and impractical framework for viewing development, especially since the purported events which have supposedly shaped the brain through evolution can never be observed. A more popular type of theory is cognitive development. Jean Piaget is considered the founder of this school of thought; after noticing that responses from children of different ages were qualitatively different, he identified several
Health -- Nursing Piaget Theoretical Perspective On Human Development Piaget's Theoretical Perspective on Human Development Piaget's Theoretical Perspective on Human Development The theory of cognitive development by Piaget presents a comprehensive approach in evaluating human intelligence development and nature in developmental psychology. Piaget shares that children play active roles in growing of intelligence through learning by doing and by examples. The intellectual development theory involves a focus on believing, reasoning, perceiving and remembering the
human development. Address items: Explain Human development is a particularly fascinating area of study, for the simple fact that it cross references and influences a variety of disciplines such as psychology, biology, sociology, and many others. One of the most interesting aspects of this area of study is the lifespan perspective, which deals with the continuing growth and changes that a person experiences from the time of earliest childhood to


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Tomato Salad Recipe
A light, vibrant, easy to throw together Mediterranean Cucumber Tomato Salad perfect alongside any savory meal B good with avocado too
Avocado, Corn & Tomato Salad
So simple and so delicious!! You will need: 2 cucumbers-peeled and sliced or quartered, 5 Roma tomatoes-quartered, 2 tablespoons extra virgin olive oil, 1 tablespoons rice vinegar, Dill seasoning and salt and pepper to taste. Combine all above ingredients and shake well. Refrigerate for a few hours before serving. No carbs!! And it's healthy and delicious!!
Chickpea/Garbanzo Tomato Salad with fresh Basil
Cucumber Tomato Salad is the best of summers harvest. Crisp cucumbers and luscious tomatoes tossed in a bright and creamy lemon poppy…
Cucumber Tomato Salad - recipe by barefeetinthekitchen.com
This Cucumber Tomato Avocado Salad recipe is a keeper! Easy, Excellent Salad | NatashasKitchen.com #recipe
Cucumber Tomato Salad 2 large cucumbers, diced 2 large tomatoes, diced 1 cup apple cider vinegar 1 cup water 1/4 cup sugar or equivalent sugar substitute 1/2 (0.06 ounce) package of Zesty Italian Seasoning packet
Tasty Marinated Tomatoes Recipe | Taste of Home Recipes
Farmhouse Italian in this is wonderful, little sugar, salad supreme, let it chill its the best Cucumber Tomato Salad


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Musician - Assistant Minister of Worship
This posting is no longer available. This is either because the employer has filled the position or the position has closed. Click here to find more jobs like this one.
Private Profile
Tacoma, Washington, United States
Job Summary
A mature Christian with the calling and skills for leading a large church music ministry and congregation into anointed worship, numerical growth and life transformation
for the glory of God
Spiritual Qualifications
- Must evidence being a born again Christian with exemplary character and conduct
- Must be faithful in prayer and have a deep passion for true Christian worship
- Must be emotionally mature and demonstrate an attitude of joy and friendliness
- Must be able to communicate and demonstrate God's heart for unsaved people
- Must be able to work with persons of diverse ethnicities and cultures
- Must believe in tithing be a generous and cheerful giver of God's financial blessings
- Must be supportive of the Senior Pastor, his family and the church as a whole
- Must possess the ability to grow a music ministry and equip Christians for service
Educational Qualifications, Skills and Abilities
- 1. Experience as a Christian musician with the ability to "play by ear"
(A Bachelor's Degree in music with the ability to read music is preferred. However,
experience and skills in the music ministry with a local Christian church may substitute for
some of this specific educational requirement.)
- 2. Knowledge of current technology and how social media is used in the Christian music
- 3. Knowledge in building an ethnically and culturally diverse church
- 4. Ability to communicate effectively and demonstrate good writing skills
- 5. Some basic training and/or experience with music leadership, conflict management and
group consensus building
- 6. Ability to teach music parts
- 7. Ability to train and develop new voices and new song leaders
General Ministry Duties
- 1. To assist in growing the church's overall music ministry under the direct supervision of the church's Senior Minister of Music
- 2. To be ready, confident and capable at all times for filling in and acting as Minister of Music if needed
- 3. To serve as primary vocalist and worship leader for all the church's major worship events
- 4. To help develop, instruct and guide the growth of the church's children and youth music ministries
- 5. To lead and direct the music ministry in reaching out and serving in the community and bringing new people to Jesus Christ
- 6. To teach, model and encourage tithing and generous giving to the church's mission
- 7. To lead and model outreach in order to add to the numerical growth of the choir
- 8. To lead and direct in expanding the church's music ministry recognition in the cit
Work Hours
Part time, to be determined
Salary and Benefits
To be determined; depending on qualifications and experience; Negotiable
Some benefits available
Relocation Assistance
Some relocation assistance is available for out-of-state hires.
More information will be made available to qualified candidates upon successful completion of application and background check
To apply for this job opening, please first post your resume.
Date Posted
PastorOne God Ministry
- Fairfax, Virginia
- December 8
Worship Arts DirectorArmitage Baptist Church
- Chicago, Illinois
- December 8
Headmaster / School Principal (#521413)Private Profile
- Metro Atlanta, Georgia
- December 8
Campus Student Ministries Pastor(s)Parkview Christian Church
- Orland Park, Illinois
- December 8
Elementary Programming DirectorParkview Christian Church
- Orland Park, Illinois
- December 8


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DIY pesto - to make or to buy?
Is it always worth making your favourites from scratch? Our DIY series puts shop-bought and homemade to the test - this time, pesto...
The ultimate standby sauce, pesto can instantly transform a tired pasta pot into a taste sensation and can give chicken dishes and comforting soups a new lease of life. Just a few small spoonfuls can unleash a gargantuan taste, meaning a small amount can go a long, long way. Always with a sealed jar in the cupboard, I've committed to giving homemade a try. Slightly skeptical it can't possibly be improved upon; I put both to the test...
The cost
Cost of shop-bought classic green pesto:
Supermarket own brand - £1.50 (190g jar)
Cost of ingredients for homemade green pesto:
Ingredients - £4.50 (approx 260g)
The pesto recipe I used:
Classic pesto
The recipe I followed yielded more pesto than I got in the shop-bought jar, but the cost of pricey ingredients such as pine nuts and Parmesan meant it wasn't better value to make my own.
If you have a bit of garlic and olive oil in your storecupboard and your own basil plants this would bring the cost of the ingredients down to about £2.25. Don't forget to make the most of any leftovers. Scatter a few pine nuts over pasta dishes, grate Parmesan over creamy chicken and use basil to garnish your finished plates.
The making:
With just one step between my small huddle of ingredients and my very own pesto sauce, I was still pleasantly surprised as to how easy this was to make. It even reconnected me with my previously underused food processor, though the good old-fashioned pestle and mortar method would have done the trick with a little effort.
Some of the comments at the bottom of the recipe really intrigued me - suggestions of using cashews or walnuts instead of pine nuts and adding a bit of spice with some chopped chilli definitely sound like they're worth a try!
The taste:
Before even tasting it, the delightful smell of the homemade pesto was incomparable to shop-bought. I hadn't divulged I was making my own, but everyone recognised a difference in taste, texture and aroma. When I first tried it, the most notable flavour was the garlic, making me wonder if a little more basil and just one clove would provide a more balanced taste. There were no complaints though - homemade was a unanimous hit!
The verdict:
I was so surprised by how easy, quick and delicious the homemade pesto was. All the possibilities for different combinations and substitutions really appeals to me and I will definitely make my own again. Saying that, I can't imagine I'll be a devout pesto maker, the jar in the cupboard still has its place, for convenience and cost if nothing else.
Fancy having a go at making your own? Try the pesto recipe I used, or try a different version with almonds.
What are your top tips for making pesto? Do you prefer making your own or buying it in?
Comments, questions and tips
Comments (6)
I love pesto and have tried at least half a dozen brands from our grocery store in hopes of finding a decent alternative to making a mess at home. The best pesto I have found is actually online from www.ohpesto.com - it's amazing! I don't know if they ship internationally, but its 's good as homemade pesto and they use excellent ingredients. My family loves it!
Or if you fancy a change from the usual Pesto go-to then try our Kale & Cannellini Pesto, as Kale is one of the most nutrient dense ingredients on the planet it's packed full of benefits (plus it's easy to make and so tasty)
Questions (2)
it will keep about 5 days. I have basil in the garden, heaps of it. I make pesto in large amounts and then freeze it. I either freeze it in ice cube trays and put them all in the same bag. Or, this year I've frozen small amounts in snap lock bags and then put all the small snap lock bags in one bigger plastic bag so they don't go lost in the freezer. I've kept pesto in the freezer until the next crop of basil with no loss of flavour.
Tips (5)
I do not like shop bought basil. To me, it has a strange taste either fresh from the deli counter or from a jar. Basil is easy to grow from seed year round (indoors on a bright windowsill in winter) so no need to freeze. I do not like pine nuts, so use walnuts. Pesto is simple and cheap to make, and I love it with linguine.


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"...a real artist and 'story teller'..top level".
(Jury of Master Exam - Conservatorium Maastricht)
Alessandro Paganelli, Klassische Gitarre
Classical guitarist from Italy living in Berlin.
His solo concerts include famous works by J.S.Bach arranged for classical guitar, as well as music from Ennio Morricone, P.Mascagni etc. creating an intimate atmosphere that captures the attention of the public.


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Food and Drug Administration:
Approval and Oversight of the Drug Mifeprex
GAO-08-751: Published: Aug 7, 2008. Publicly Released: Aug 18, 2008.
Additional Materials:
- Highlights Page:
- Full Report:
- Accessible Text:
(202) 512-3407
Office of Public Affairs
(202) 512-4800
In September 2000, the Food and Drug Administration (FDA), part of the Department of Health and Human Services (HHS), approved the drug Mifeprex for use in terminating early term pregnancy. FDA approved the drug under a provision of its Subpart H regulations, allowing it to restrict the drug's distribution to assure its safe use. Critics have questioned aspects of the Mifeprex approval process, including the reliance on historically-controlled clinical trials that compare a drug's effects on a condition to the known course of the condition rather than to another drug or placebo. Critics argued that Mifeprex does not fit within the scope of Subpart H, which applies to drugs that treat serious or life-threatening illnesses. Concerns have also been raised about FDA's oversight of the drug since approval, including the agency's response to deaths in U.S. women who had taken the drug. In this report GAO (1) describes FDA's approval of Mifeprex, including the evidence considered and the restrictions placed on its distribution; (2) compares the Mifeprex approval process to the approval processes for other Subpart H restricted drugs; and (3) compares FDA's postmarket oversight of Mifeprex to its oversight of other Subpart H restricted drugs. GAO reviewed FDA regulations, policies, and records pertaining to its approval and oversight of Mifeprex and the eight other Subpart H restricted drugs. In addition, GAO interviewed FDA officials and external stakeholders.
FDA approved Mifeprex after evaluating the sponsor's initial and revised new drug application through three review cycles. In the first cycle, FDA concluded that the available data supported the safety and efficacy of Mifeprex and that, because the course of pregnancy was well-documented and the effects of the drug were self-evident, the use of historical controls was consistent with FDA regulations. FDA also concluded that before the drug could be approved, the sponsor needed to provide final data from an ongoing U.S. trial, and more detail on restricting the drug's distribution. In the second cycle, FDA concluded that while the U.S. trial data confirmed the drug's safety and efficacy, the sponsor needed to revise its distribution plan and address labeling and manufacturing deficiencies. In the final review, FDA concluded that termination of unwanted pregnancy is a serious condition and imposing restrictions under Subpart H was necessary. FDA approved Mifeprex, but required that the sponsor commit to conduct two postmarketing studies, imposed several distribution restrictions intended to ensure that only qualified physicians prescribe the drug, and required that patients attest to understanding the treatment's potential complications. The approval process for Mifeprex was consistent with the processes for the other Subpart H restricted drugs, although the details of FDA's approval depended on the unique risks and benefits of each drug. Common elements of the approval processes included that FDA needed to evaluate potential limitations in key clinical data (Mifeprex and six of the other drugs), did not approve the drugs in the first review cycle (Mifeprex and five others), and imposed similar types of distribution restrictions on Mifeprex and the other drugs, though the specific details of the restrictions varied across the drugs. FDA's postmarket oversight of Mifeprex has been consistent with its oversight of other Subpart H restricted drugs. To oversee compliance with distribution restrictions, FDA has reviewed data from all sponsors and conducted inspections for Mifeprex and two other drugs. To oversee compliance with postmarketing study commitments, FDA has relied on required updates from sponsors and found unfulfilled commitments for most drugs, including Mifeprex. To oversee compliance with adverse event reporting requirements, FDA has evaluated data in sponsors' reports and, for Mifeprex and seven other drugs, has conducted inspections that revealed deficiencies for most of these drugs, including Mifeprex. Lastly, FDA has taken similar steps to oversee postmarket safety across the drugs, such as analyzing adverse events. For Mifeprex, FDA investigated the deaths of six U.S. women who developed a severe infection after taking the drug and concluded that the evidence did not establish a causal relationship between Mifeprex and the infections. Finally, FDA has taken similar actions to address emerging safety concerns across the drugs, such as changing labeling. HHS reviewed a draft of this report and informed GAO that it did not have comments.
Dec 6, 2016
Nursing Homes:Consumers Could Benefit from Improvements to the Nursing Home Compare Website and Five-Star Quality Rating SystemGAO-17-61: Published: Nov 18, 2016. Publicly Released: Dec 6, 2016.
Nov 17, 2016
Drug Compounding:FDA Has Taken Steps to Implement Compounding Law, but Some States and Stakeholders Reported ChallengesGAO-17-64: Published: Nov 17, 2016. Publicly Released: Nov 17, 2016.
Nov 15, 2016
Highlights of a Forum:Preventing Illicit Drug UseGAO-17-146SP: Published: Nov 14, 2016. Publicly Released: Nov 15, 2016.
Oct 27, 2016
Opioid Addiction:Laws, Regulations, and Other Factors Can Affect Medication-Assisted Treatment AccessGAO-16-833: Published: Sep 27, 2016. Publicly Released: Oct 27, 2016.
Oct 20, 2016
Breast Cancer Education:HHS Has Implemented Initiatives Aimed at Young WomenGAO-17-19: Published: Oct 20, 2016. Publicly Released: Oct 20, 2016.
Oct 17, 2016
Medicare:CMS's Round 2 Durable Medical Equipment and National Mail-order Diabetes Testing Supplies Competitive Bidding ProgramsGAO-16-570: Published: Sep 15, 2016. Publicly Released: Oct 17, 2016.
Oct 13, 2016
Health Care Quality:HHS Should Set Priorities and Comprehensively Plan Its Efforts to Better Align Health Quality MeasuresGAO-17-5: Published: Oct 13, 2016. Publicly Released: Oct 13, 2016.
Oct 6, 2016
Skilled Nursing Facilities:CMS Should Improve Accessibility and Reliability of Expenditure DataGAO-16-700: Published: Sep 7, 2016. Publicly Released: Oct 6, 2016.
Sep 29, 2016
Medicaid Fee-For-Service:State Resources Vary for Helping Beneficiaries Find ProvidersGAO-16-809: Published: Aug 29, 2016. Publicly Released: Sep 29, 2016.
Sep 28, 2016
NIH Biomedical Research:Agencies Involved in the Indirect Cost Rate-Setting Process Need to Improve ControlsGAO-16-616: Published: Sep 7, 2016. Publicly Released: Sep 28, 2016.
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The Law Offices of Steven A. Simons primarily focuses on the representation of consumers who have been taken advantage of by auto dealers and credit card companies - whether it is through the sale of a vehicle with undisclosed collision damage, a ...
Practice areas & skills: Litigation, Lemon Law, Credit Card Fraud, Identity Theft, Chapter 13 Bankruptcy
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Justin L. Gordon is a third-generation attorney who took an early interest in the legal profession. He has an avid passion for protecting the rights of people within the legal system. Mr. Gordon is admitted to the State Bar of California, as well...
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I have nearly 30 years experience at major law firms handling sophisticated litigation, primarily involving medium to large sized corporations. I now have my own practice, handling primarily business litigaiton on behalf of businesses of all size...
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If you have issues with someone and want to sue, you will need a litigation lawyer. Litigation lawyers handle the litigation process and understand all of the ins and outs of the courtroom. A litigation lawyer can also help you decide whether your case is appropriate for a lawsuit, or if it might be better handled through the mediation or arbitration process. The litigation lawyer will research the facts that caused the dispute, and analyze them to identify the appropriate law and how it applies. After this preliminary review, the litigation lawyer gives you an analysis of your rights and an estimate of your ability to be successful in court. The litigation lawyer will know the information you need to present in court as well as the process, procedures, and deadlines you must meet to keep your lawsuit on track.


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3.75 out of 5 based on 29,578 ratings.


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A Shooting at Dave & Buster's and Stripper Tip-Stealing: The Weekend in Dallas Crime
Now with parking lot drive-bys!
From time to time, when police have a particularly busy weekend, we like to compile some of the more interesting happenings into a quick crime digest. We think of it as a public service.
How else would readers know not to visit the Stults Elementary playground at 1 a.m., or that those DVDs peddled by the mobile ice cream vendor are bootlegs, or that going to Dave & Busters is just a generally bad idea?
Off we go:
8:50 p.m., Saturday: A 19-year-old Garland man and a friend were leaving Dave & Busters when a gold Toyota Corolla passed by in the parking lot. As the car turned onto the Central Expressway service road, a man in the front passenger seat pulled out a handgun and fired three times, striking the Garland teenager once in the leg.
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He didn't seem terribly concerned. He declined to be taken to the hospital and told police he did not have a phone number and did not want to press charges.
1 a.m., Sunday: It was his second time the 38-year-old Dallas man had arranged to meet the person after midnight at the playground of Stults Elementary in Northeast Dallas. The first time apparently went well. The second time, not so much.
As he and the other person (the police report doesn't list his/her sex) talked, a woman tapped him on the shoulder. When he turned, the person he'd been talking with punched and kicked him multiple times in the left eye and mouth. When the beatdown stopped, our victim had a black eye and was missing a Coach wallet, $80 cash and five teeth.
3 a.m., Sunday: A 21-year-old gentleman was walking to his car after a long night at the Dallas Live Club, just off Stemmons Freeway and Commonwealth, when he felt a pistol on the back of his head. Behind him was a man dressed in a security uniform who made him lay on the ground and pull his shirt over his head so he couldn't see. The robber than handcuffed him and stole his phone, watch, and the $100 that was in his wallet.
The 21-year-old quickly determined the cuffs weren't real, and that the robber probably wasn't a real security guard, when he was able to break them apart. But by then it was too late. By the time he got his hands free and could pull his shirt down, the robber was gone.
3:40 a.m., Sunday: Joshua Caleb Sutherland wasn't technically supposed to be drinking during his visit to Dallas Cabaret. He's 19 but, according to police, had a fake ID and had clearly had plenty by the time two Dallas police officers showed up.
The cops had been driving past when they were flagged down by a strip club employee who was making sure Sutherland didn't leave the parking lot. He'd just been caught sneaking out of the club with a clear plastic tip jar containing $250 that he'd snatched from behind the bar, police say. The whole thing was caught on video.
Sutherland was arrested for theft and possession of a fake ID.
7:30 a.m. Sunday: Two women went to check on an acquaintance in southern Dallas only to find that her eight children, ages 3-12, were at home alone. They took the kids to Dallas Fire Station 33 in Oak Cliff, where firefighters waited with them until police arrived and took the kids off in three squad cars.
"While we can only hope the circumstances that caused the children to be left alone are soon addressed, we are thankful that there were good Samaritans willing to do what they felt was in the best interest of the children," Dallas Fire-Rescue spokesman Jason Evans said in a statement.
The children are in the custody of Texas Family & Protective Services while authorities investigate.
5:30 p.m. Sunday: Police first stopped the man because he was selling ice cream from his bike-mounted ice cream cart and wasn't wearing a helmet. But as they were writing him a ticket, they noticed that he also had a large quantity of counterfeit DVDs. Since they hadn't actually seen the man selling the DVDs, they simply seized them and called the Motion Picture Association of America, which promised to investigate.
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