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DCB Wins Expat Life Award
More than 4,500 expats voted and Dulwich College Beijing emerged as winners in the 'Best International School' category at this year's Expat Life Awards! Headmaster Simon Herbert and his wife Helen were in attendance on, September 10 at Capital Mansion in Liangmaqiao to accept the award.
"It was an honour to accept the award on behalf of Dulwich teachers and students. With such a diverse range of international schools in Beijing to choose from, we are delighted to come out on top," comments Mr Herbert.
The Expat Life Awards (ELAs) have been awarded annually since 2014 to the best providers of services and solutions for foreigners living in Beijing and for the expatriate community to show their support for their preferred vendors. The 2016 ELAs saw 10 nominees in the International Schools Category, and 25 categories total with the winners decided by an online voting mechanism.
Congratulations to Senior School students Kayla Cao, Claire Dvorchak, Annika Tanner, Luca Cao, Maggie Hu, and Micah Cao who acted over summer in The Remnant, a feature-length musical film which recently premiered in the at the Portland Film Festival and took home the most prestigious award at the festival, the Director's Choice Award!
The Remnant is a post-apocalyptic indie teen musical about a workhouse orphanage where they clean garbage out of wastewater for reuse in a land that hasn't seen rain in seven years. Award-winning Chinese Canadian director, writer and musician Karmia Chan Olutade originally wrote the stage iteration of this theatrical production for her middle and high school students, as an effort to explore the emotional consequences of environmental destruction and the loss of home, but the response from their sold-out run in Beijing led Olutade to adapt the musical into a cinematic experience.
Year 12 student Kayla Chao was involved in Ms Olutade's original musical called Foundling Hill in the winter of 2015 and, after several rounds of selections, went on to play the lead role in the film adaption. Kayla was able to attend the film festival in early September where she was publicly recognized an artist to be reckoned with, having won the compliments of industry professionals and ecstatic audiences alike. "I was lucky and honoured to be part of the cast of The Remnant," Kayla says of the experience. "Along with my best friends in the city, knowing that we all belong to this supportive and loving cast is something comforting. I did gain skills and techniques, but even more than that – experience, global awareness, and friendship.
As one of the most vibrant film festivals in the United States, the Portland Film Festival saw a live audience of over 20,000 this year and quickly gained traction for its selectivity; this year's submission pool was more than 3,800, more than some of the most prominent festivals in the world! The Remnant was chosen as one of nine films to be featured in the 'Best Narrative Film' category.
Dulwich College Beijing is delighted to welcome Ms Olutade on September 27 for an exclusive screening of the film.
To view of a clip and learn more about The Remnant, visit http://www.theremnantmovie.com/
It's a cause for celebration at Dulwich College Beijing as students and teachers are rejoicing in yet another year of marvelous IB scores as the International Baccalaureate organisation has just announced its June 2016 Diploma Programme results.
This year DCB entered 75 students into the full IB Diploma Programme, widely recognised as the most rigorous high school qualification globally. While the world average Diploma score is 30.07, DCB students achieved a phenomenal 37 point average (out of a possible 45), and over 24 percent of our students scored above 40. Notably, three members of our Class of 2016 achieved a stunning score of 43 and two pupils attained a nearly perfect score of 44!
'We are delighted by the excellent IB outcomes this year, which are a result of the hard work and collaboration from our students and the dedication from our teachers,' says DCB Headmaster Simon Herbert. 'This year's graduates deserve congratulations for their excellent results and university placements, which have been achieved alongside a full commitment to Service, Sport, Music, Drama and Leadership.'
IB grades are rated on a scale of 1-7, with 7 being the highest grade. Below are DCB's highlights from this year's exam:
- 66% of grades a 6 or better in all subjects
- 91% of grades a 5 or better in all subjects
- 100% of grades a 6 or better in Music, Theatre and Visual Arts combined
- 100% of grades a 6 or better in Mandarin, French, Spanish and German combined
- 82% of grades a 7 or better in Mandarin A, Mandarin B and Mandarin Ab Initio combined
Students from this year's cohort will move on to prestigious universities including Stanford, University of Pennsylvania, Harvard, Dartmouth, Juilliard, Oxford, and Cambridge to name just a few. Others will join the global ranks at world class universities throughout the USA, UK, Asia, and Europe. Congratulations to the Class of 2016 on your splendid achievements!
- 37.0
Class of 2016 IB Average vs World Average of 30
- 76%
Students Attend their First Choice University
- 40+
Different Nationalities Represented in our Student Body
- 150+
After School Activities on Offer
Looking for inspiration?
- 89 Capital Airport Rd
- Shunyi District, Beijing, 101300
- 1 Xiang Jiang North Rd, Jing Shun Rd
- Chaoyang District, Beijing, 100103
Our Heritage
Dulwich College is one of the UK's oldest independent schools, founded in South London as a boys' school in 1619. Dulwich College International (DCI) was established to bring the Dulwich education to students around the world.
Our Facilities
Our College campus is an expression of our learning philosophy. We offer an educational environment designed to nurture the intellectual, physical, social, and emotional development of our students.
Our Approach to Learning
Our approach to learning nurtures confidence and intellectual curiosity in our students, preparing them for success in further education and life beyond.
Language Learning in the College
Language learning is an important part of our learning philosophy at Dulwich. We believe that learning a language is essential for understanding the world as well as understanding oneself, and for appreciating the subtleties of cultural differences.
Applying to Dulwich
We appreciate that moving to a new school can be daunting and our Admissions team is on hand to guide families through the process.
Friends of Dulwich
Friends of Dulwich is an integral and supportive part of our community. We welcome new families to the College and offer significant support to families settling into life in Beijing.


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text: On Thu, 13 Sep 2012, Derek Gaston wrote: > On Thu, Sep 13, 2012 at 12:27 PM, Roy Stogner <roystgnr@...> wrote: > > Actually, point me to the 2008 thread? It's possible that I was wrong > and have since learned the error of my ways. > > http://comments.gmane.org/gmane.comp.mathematics.libmesh.devel/620 Huh - it looks like you actually talked me into adding string messages, but that I wanted to get 0.6.3 out first and then completely forgot about it. Adding optional string arguments to the exception classes now would be a no-brainer, but the trouble is that I don't want to break compatibility with the existing macros and IIRC standard cpp doesn't let macros be overloaded by argument number or have optional arguments. We could just add libmesh_assert_msg(), libmesh_error_msg(), etc. versions? The only thing I don't like about that is that the macro names are getting pretty lengthy... but we need the libmesh_ prefix since macros can't be namespaced, and we need macros so they'll have access to __FILE__, __LINE__, etc. --- Roy


text:
NEW YORK - The man at the helm of a private New Jersey based-helicopter that crashed into New York City's East River, killing one passenger and injuring three others, was an experienced commercial pilot, according to investigators.
National Transportation Safety Board (NTSB) investigators are still trying to determine why the helicopter went down shortly after takeoff yesterday.
New York Police Department divers pulled Sonia Marra from the water about 90 minutes after the Bell 206 Jet Ranger went down. She was pronounced dead at the scene.
Witnesses say the crash happened quickly, with the chopper sputtering and appearing to be in some type of mechanical distress. Crews pulled the wreckage from the water about four hours after it went down.
Meanwhile, a portrait emerged of pilot Paul Dudley as an expert flier who once landed a plane in a field near Coney Island after its engine failed. Dudley owns Linden Airport Services, the company that manages the Linden municipal airport.
The passengers were friends of Dudley's family and were visiting New York to celebrate the birthdays of Marra and her stepfather Paul Nicholson. He was on the chopper along with his wife Harriet; and a friend of Marra's, Helen Tamaki.
AP wire services contributed to this report.
To watch Chopper 12 footage of the helicopter crash scene, go to Channel 612 on your iO digital cable box and select iO Extra.VIDEO: Chopper 12 footage of East River helicopter crash scene NJ-based helicopter raised out of NYC river after deadly crash


text:
6 servings (serving size: 1 steak)
+ Add To Shopping List
3/4 cup chopped seeded peeled tomato
2 tablespoons chopped fresh basil
2 teaspoons white wine vinegar
2 teaspoons olive oil
1/4 teaspoon salt
1/8 teaspoon pepper
1/8 to 1/4 teaspoon hot pepper sauce
6 (6-ounce) salmon steaks
Vegetable cooking spray
Walla Walla Relish (optional)
Place first 7 ingredients in a food processor, and process until smooth. Pour into a shallow dish; add salmon, turning to coat. Cover and marinate in refrigerator for 30 minutes, turning occasionally.
Remove salmon from marinade, reserving marinade. Prepare grill. Place salmon on grill rack coated with cooking spray, and grill 8 minutes on each side or until fish flakes easily when tested with a fork, basting occasionally with reserved marinade. Serve with Walla Walla Relish, if desired.
Created date
April 2004
Nutritional Information
Calories 295
Caloriesfromfat 48 %
Fat 15.7 g
Satfat 2.7 g
Monofat 7.9 g
Polyfat 3.2 g
Protein 35.1 g
Carbohydrate 1.1 g
Fiber 0.3 g
Cholesterol 111 mg
Iron 0.8 mg
Sodium 185 mg
Calcium 12 mg


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January 4, 2011
UNITED STATES OF AMERICA,EX REL., MARSHA TURNERAND CAROLYN SWARTOS, PLAINTIFFS,v.MICHAELIS JACKSON & ASSOCIATES, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY DOING BUSINESS AS JACKSON VISION & LASER CENTERS, L.L.C., AND MICHAELIS BILLY JACKSON, M.D., DEFENDANTS.
This matter comes before the Court on Defendants' Motion for Summary Judgment (Doc. 144) and Memorandum in Support Thereof (Doc. 145). Relators filed a Response (Doc. 159) thereto, to which Defendants submitted a Reply (Doc. 160). After full briefing of the summary judgment motion, Defendants made a Motion for Oral Argument (Doc. 162) thereon. Defendants also filed a Motion for Sanctions (Docs. 168, 169), to which Relators submitted a Response (Doc. 171) and Defendants filed a Reply (Doc. 180)
For the following reasons, the Court, inter alia, DENIES Defendants' summary judgment motion.
Brought at the close of 2003, this case has languished for over seven years. With an impending trial date of January 18, 2011 "set in granite," Defendants filed the instant motion in a final effort to have this case resolved by the Court rather than a jury.*fn1 The meritoriousness of this effort will be analyzed following a detailed, yet as-succinct-as-possible, review of the case's facts and relevant procedural posture.
I. Facts
In analyzing a motion for summary judgment, the reviewing court must construe the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in favor of that party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Spath v. Hayes Wheels Int'l-Ind., Inc., 211 F.3d 392, 396 (7th Cir. 2000). The Court, construing the evidence and all reasonable inferences in the light most favorable to the non-movants, finds as follows:
Sometime in 1999, Relator Marsha Turner (hereinafter "Turner") began working as a receptionist and, eventually, the business manager at Defendant Michaelis Jackson & Associates, L.L.C. (hereinafter "the Practice"). The sole member and manager of the Practice is Defendant Dr. Michaelis Billy Jackson (hereinafter "Dr. Jackson"), a board-certified ophthalmologist. Relator Carolyn Swartos (hereinafter "Swartos"), the former proprietor of a medical consulting practicing group called Logos Management Group, worked as a private consultant that did billing and collection work for the Practice, including an audit of the Practice's medical records in 1999.
Over time, Turner and Swartos (hereinafter collectively referred to as "Relators") became convinced that Dr. Jackson and the Practice (hereinafter collectively referred to as "Defendants") were billing Medicare for procedures that were not being performed or that were medically unnecessary. While Relators were never in an exam room when Dr. Jackson examined patients and were unfamiliar with the medical procedures that he performed, Turner's sister, Donna Cobin (hereinafter "Cobin"), substantiated their feelings of distrust. Cobin could sometimes be found next to Dr. Jackson during an examination. Cobin briefly worked at the Practice and became one of its certified ophthalmic assistants.
To understand Cobin's job as a certified ophthalmic assistant, the Court must briefly chronicle how appointments with the Practice were handled. When one had an appointment with Dr. Jackson, there were typically two other individuals that met with the patient in the examination room.*fn2 One of these individuals was a "tech," who put the patient in the room and conducted necessary preliminary testing, including visual acuity and brightness acuity tests by way of the Snellen eye chart. The other individual was a "scribe," who took notes of the primary examination, including what Dr. Jackson called out while studying the patient's eyes at the slit lamp. The scribe could not see what Dr. Jackson saw in the slit lamp. Cobin routinely acted in either capacity and occasionally acted in both capacities.
Cobin bolstered Relators' suspicions of false billing with respect to the following four procedures: 1) gonioscopies; 2) extended ophthalmoscopies; 3) cataract surgeries; and 4) YAG laser procedures. The billing of these four procedures from 1999 through 2003 is all that is at issue in this case. In order for the parties and the Court to effectively review Dr. Jackson's billing of these procedures, only a sampling of Dr. Jackson's patient files are in dispute. Specifically, Relators hand-selected 200 of Dr. Jackson's patient records that they thought were most likely to show fraud, and 25 of these (hereinafter collectively referred to as "trial records" or "trial patients" and individually referred to as "Patient 1," "Patient 2," etc.) were randomly selected as a "probe sample" of the alleged misconduct. The Court then bifurcated the case so it could first determine any liability with respect to the trial patients.
Limited to the medical records of the trial patients, Relators argue that they can show 29 false claims for gonioscopies, 167 false claims for extended ophthalmoscopies, 36 false claims for cataract surgeries, and 37 false claims for YAG laser capsulotomies. Each of these procedures and Defendants' respective billing practices will be addressed in kind, including any relevant lay and expert witness testimony.
A. Gonioscopies
A gonioscopy is an "examination of the angle of the anterior chamber of the eye with the gonioscope [an optical instrument for examining the angle of the anterior chamber and for demonstrating ocular motility and rotation]." Dorland's Illustrated Medical Dictionary 809 (31st ed. 2007). The parties agree there is no regulation that governed the billing of gonioscopies during the relevant time frame.
In the early years of the Practice, Dr. Jackson did not know Medicare could be billed for gonioscopies, and he did not perform them. When Dr. Jackson discovered a billing code existed for the procedure, however, he began to perform multiple gonioscopies a day. Curious about the sharp rise in the number of gonioscopies, Turner asked Cobin if Dr. Jackson was indeed performing them, to which she responded that he actually performed very few. Cobin knew this because, when acting as a scribe, she personally witnessedDr. Jackson calling out results for gonioscopies that he did not perform, although she could not remember if such impropriety occurred during a trial patient's examination. Relators and Cobin are now of the opinion that Dr. Jackson billed Medicare for gonioscopies he did not in fact perform.
Dr. Andrew Dahl (hereinafter "Dr. Dahl"), a board-certified ophthalmologist that has performed countless gonioscopies, concurs with the opinion of Relators. Unlike Dr. Stephen Kamenetzky (hereinafter "Dr. Kamenetzky") and Dr. Steven Williams (hereinafter "Dr. Williams"), both of whom are board-certified physicians specializing in ophthalmology, Dahl believes that "gonioscopy is not a -- necessary to evaluate the overall health of every eye," Doc. 145-9, p. 9; in other words, a gonioscopy need not be performed as a matter of course. In his review of Dr. Jackson's gonioscopy records, Dr. Dahl found that some medical impossibilities surrounded the recorded findings. For example, the sample that Dr. Dahl reviewed should have contained at least some medical abnormalities, although Dr. Jackson recorded none. Dr. Dahl also found 10 specific incidents in the 25 trial records where medical tests were recorded and billed despite the patient never having visited Dr. Jackson's office on that date. This, of course, made Dr. Dahl question the medical record of those patients who had shown up for their appointments. Dr. Dahl also opined on the medical necessity of some of the patient trial records. He testified that each of the 12 gonioscopies performed on Patient 9 and each of the 9 gonioscopies performed on Patient 25 lacked medical necessity; therefore, it was inappropriate to bill Medicare for them.
The opinions of Dr. Kamenetzky and Dr. Williams stand in stark contrast to those of Dr. Dahl, as they do not take issue with the gonioscopy records at issue. This is perhaps most remarkable given that Relators retained Dr. Kamenetzky.
B. Extended Ophthalmoscopies
An ophthalmoscopy is "the examination of the interior of the eye with the ophthalmoscope [an instrument containing a perforated mirror and lenses used to examine the interior of the eye]." Dorland's Illustrated Medical Dictionary 1350 (31st ed. 2007). An extended ophthalmoscopy focuses on the posterior segment of the eye and allows a physician to monitor a patient for retinal tears and other abnormalities. The parties have stipulated that no regulation governed this procedure in Illinois during the relevant time period.
Cobin maintains that, like gonioscopies, Dr. Jackson "wrote [extended ophthalmoscopies] down all the time but we didn't do them." Doc. 159-7, p. 3. She estimated that Dr. Jackson performed a "true" extended ophthalmoscopy only about 5% of the time that he indicated such a procedure had been performed. With respect to the 25 trial patients, Cobin is confident that Dr. Jackson represented that he had performed a proper extended ophthalmoscopy on Patient 2 when he had in fact not done so. She was otherwise unable to identify extended ophthalmoscopies claimed but not performed on any of Dr. Jackson's patients.
The parties' expert witnesses have differing views of the propriety of Dr. Jackson's claims for extended ophthalmoscopy. Dr. Kamenetzky, who believes that the necessity of an extended ophthalmoscopy is a matter of medical judgment, found 22 of 25 of the trial extended ophthalmoscopies to be medically necessary. He primarily took issue with the other 3 procedures due to insufficient or absent medical drawings in patients' files. Of those 22, Dr. Dahl found only 3 to be medically necessary. This is largely due to his belief that an extended ophthalmoscopy should not be billed if a patient has already undergone the procedure and there is no evidence of change.
Patient 7 is of particular concern to Dr. Dahl. Despite the fact that Patient 7 did not experience significant vision changes, Dr. Jackson performed 10extended ophthalmoscopies on said patient over a two-year period. Dr. Dahl disputes the medical necessity of all of these procedures. Finally, like Dr. Kamenetzky, Dr. Dahl found many of Dr. Jackson's extended ophthalmoscopy drawings to be insufficient for Medicare's purposes, especially Patients 7, 14, and 22, whose drawings were absent.
C. Cataract Surgeries
Cataract surgery is a procedure performed on a cataract, that is to say "a partial or complete opacity on or in the lens of the eye or the capsule of the lens, especially one impairing vision or causing blindness." Dorland's Illustrated Medical Dictionary 308 (31st ed. 2007). Surgery, which consists of removal of a cataract and replacement with an intra-ocular lens implant, becomes necessary when a cataract spreads into the visual axis of the eye where light reflects. Unlike gonioscopies and extended ophthalmoscopies, the contractor for Medicare during the relevant time period did issue a regulation that governed the billing of cataract surgeries -- ILMI-070.
Cobin occasionally acted as a scribe for the 25 trial patients that underwent cataract surgeries. While, as always, Cobin deferred to the doctor's judgment as to the medical necessity of such surgeries, she was of the opinion that improper patient intake and faulty testing may have tainted Dr. Jackson's judgment.*fn3 Cobin, however, agreed that she could not definitively testify on the issue with respect to the trial patients because she never acted as a tech during their visits.
Relators' expert testimony is much more specific in terms of the trial patients. Although Dr. Kamenetzky did not opine on the cataract surgeries of the trial patients, Dr. Dahl stated that 25 of the 36 surgeries at issue did not carry the medical necessity to be billed to Medicare. Dr. Dahl, who has performed many of these surgeries over the course of his career, primarily bases his opinion upon the absence of sufficient visual acuity loss, the absence of refraction determination, and the lack of improvement following surgery. Dr. Williams essentially deferred to Dr. Jackson's medical judgment.
D. YAG Laser Capsulotomies
The irritation of cataract surgery sometimes causes inflammation and creates opacities of the membranes that surround one's intra-ocular lens implant. If clouding (i.e. fibrosis) occurs, a YAG laser capsulotomy may become necessary, whereby an ophthalmologist uses a YAG laser to create small holes in the capsule of the eye at the site of the implant. A capsulotomy is defined as "the incision of a capsule, such as of the lens, the kidney, or a joint." Dorland's Illustrated Medical Dictionary 290 (31st ed. 2007). A YAG laser capsulotomy seeks to improve the patient's vision. A regulation, ILMI-013, governed the billing of this procedure during most of the relevant time period, namely until its expiration on June 1, 2002.
Dr. Jackson told Cobin and some of the techs to encourage patients to consent to YAG laser capsulotomy regardless of necessity. While the general follow-up rate for a YAG laser capsulotomy is 30-45% of those individuals receiving cataract surgery, 100% of the trial patients who went under the knife for cataract surgery later underwent a YAG laser capsulotomy.
As with cataract surgery, Cobin sometimes served as a scribe for the 25 trial patients that underwent YAG laser capsulotomies. She stated that improper intake and unnecessary testing raises questions about Dr. Jackson's determination of medical necessity but that she could not testify with certainty on the issue due to her non-tech status.
Dr. Dahl, who has performed many YAG laser capsulotomies, took issue with Dr. Jackson's submission of some capsulotomy claims for the same reasons as the doctor's cataract surgery billings. It is important to note, however, that Dr. Dahl admitted his conclusions were based upon a regulation issued by National Government Services, Inc. that the parties have since stipulated does not apply to the capsulotomies at issue. Meanwhile, Dr. Williams only reviewed a portion of the trial patient files for capsulotomy claims, and, again, he deferred to Dr. Jackson's judgment as a doctor.
II. Relevant Procedural Posture
On December 12, 2003, Turner, Swartos, and Cobin brought suit against Defendants in this Court. Eventually, Cobin opted out of the lawsuit, and Relators filed the now-operative Second Amended Complaint (Doc. 68).
Relators' primary contention is that Defendants violated the False Claims Act, 31 U.S.C. § 3729, et seq., by presenting fraudulent claims to Medicare and making false statements to get the claims paid. Specifically, Relators allege the following five counts: 1) Defendants billed for gonioscopy diagnostic exams that Dr. Jackson did not perform (Count I); 2) Defendants submitted bills for extended ophthalmoscopies that Dr. Jackson did not perform (Count II); 3) Defendants falsified medical records to induce payment for cataract surgeries (Count III); 4) Defendants billed cataract surgery and capsulotomy follow-up visits as new visits by purposefully scheduling them outside of accepted follow-up visit time frames (Count IV); and 5) Defendants fraudulently induced patients to undergo unwarranted capsulotomies (Count V). Over three years after the filing of the second amended complaint, Defendants now move for summary judgment pursuant to Federal rule of Civil Procedure 56.
I. Summary Judgment Generally
Summary judgment is proper where "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); see Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Spath v. Hayes Wheels Int'lInd., Inc., 211 F.3d 392, 396 (7th Cir. 2000). In responding to a summary judgment motion, the nonmoving party may not simply rest upon the allegations contained in the pleadings but must present specific facts to show that a genuine issue of material fact exists. See Fed. R. Civ. P. 56(c)(1); Celotex, 477 U.S. at 322-26; Johnson v. City of Fort Wayne, 91 F.3d 922, 931 (7th Cir. 1996). A genuine issue of material fact is not demonstrated by the mere existence of "some alleged factual dispute between the parties," Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986), or by "some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Rather, a genuine issue of material fact exists only if "a fair-minded jury could return a verdict for the [nonmoving party] on the evidence presented." Anderson, 477 U.S. at 252.
II. False Claims Act
Relators bring suit pursuant to the False Claims Act (hereinafter "FCA" or "the Act"), 31 U.S.C. § 3729, et seq. Because one of the goals of the Act is "to encourage 'private individuals who are aware of fraud being perpetrated against the Government to bring such information forward,'" Hindo v. Univ. of Health Scis./The Chi. Med. Sch., 65 F.3d 608, 612 (7th Cir. 1995) (citing H.R. Rep. No. 99-660, 22 (1986)), the FCA provides incentives and rewards to private citizens, commonly referred to as "relators," who pursue civil qui tam suits thereunder. "Since the Civil War, qui tam suits have been part of the FCA scheme for preventing fraud against the federal government. The basic idea is that a private citizen with personal knowledge of such fraud may bring suit on the government's behalf in return for a cut of the proceeds should the suit prevail." United States ex rel. Lamers v. City of Green Bay, 168 F.3d 1013, 1016-1017 (7th Cir. 1999) (emphasis added); see 31 U.S.C. § 3730(b),(d) (West 2010). In fact, a relator's share of these proceeds can be quite "substantial," especially if the Government does not proceed with the private action under the FCA. Glaser v. Wound Care Consultants, Inc., 570 F.3d 907, 912 (7th Cir. 2009).
In the case at bar, all of Relators' claims are premised upon Dr. Jackson "knowingly present[ing], or caus[ing] to be presented, a false or fraudulent claim for payment or approval[,]" § 3729(a)(1)(A), and/or "knowingly mak[ing], us[ing], or caus[ing] to be made or used, a false record or statement material to a false or fraudulent claim[.]" § 3729(a)(1)(B). To maintain a claim under § 3729(a)(1)(A), "a relator must prove three elements: 1) a false or fraudulent claim; 2) which was presented, or caused to be presented, by the defendant to the United States for payment or approval; 3) with the knowledge that the claim was false." United States ex rel. Fowler v. Caremark RX, L.L.C., 496 F.3d 730, 740-41 (7th Cir. 2007) (citation omitted), overruled on other grounds by Glaser, 570 F.3d at 910. Meanwhile, to maintain a claim under § 3729(a)(1)(B), a relator must establish the following three elements: "1) the defendant made a statement in order to receive money from the government[;] 2) the statement was false[;] and 3) the defendant knew it was false." Id. at 741 (citation omitted). An "extra" element exists for FCA claims built upon purportedly false certifications of compliance with statutory or regulatory requirements, namely "that the certification of compliance be a condition of or prerequisite to government payment." United States ex rel. Gross v. AIDS Research Alliance-Chi., 415 F.3d 601, 604 (7th Cir. 2005).
A. Falsity of the Claim or Statement
In order for a suit to meet the most basic requirement of the FCA, the underlying claims or statements must be false. That is, they must represent a lie. Hindo, 65 F.3d at 613. "An example of a false statement in an invoice . . . is the representation that a resident worked five days a week at a hospital for a given quarter when he worked only three[.]" Id.
Common sense dictates that an inaccurate claim is not necessarily a false claim for purposes of the FCA. See Fowler, 496 F.3d at 743. This is especially true in regards to unremarkable or insignificant inaccuracies. "[M]inor technical regulatory violations do not make a claim 'false' for purposes of the FCA[.]" Gross, 415 F.3d at 604 ("[T]he existence of mere technical regulatory violations tends to undercut any notion that a prior representation of regulatory compliance was knowingly and falsely made in order to deceive the government."); Lamers, 168 F.3d at 1020 ("[T]he FCA is not an appropriate vehicle for policing technical compliance with administrative regulations.").
To discern the truth or falsity of a claim or statement, at least one statute or regulation must provide the backdrop of FCA litigation. See United States ex rel. Crews v. NCS Healthcare of Ill., Inc. & NCS Healthcare, Inc., 460 F.3d 853, 858 (7th Cir. 2006) (citing and agreeing with the analysis of United States ex rel. Quinn v. Omnicare, Inc., 382 F.3d 432, 438 (3d Cir. 2004) ("[I]f there is no requirement to adjust the [allegedly false] claim, there is no liability for a failure to do so.")). Relators and Defendants agree that the primary section of the United States Code at issue in this case is that which addresses Medicare coverage and exclusions. Said section states that "no payment may be made . . . for any expenses incurred for items or services -- which . . . are not reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member[.]" 42 U.S.C. § 1395y (West 2010) (emphasis added). Of course, as discussed supra, unique Medicare regulations govern some of the procedures and time frames at issue.
B. Submission or Presentment of the False Claim or Statement
If a claim or statement is false as prescribed by the FCA, a relator has the burden of proving, in at least one instance, the submission of an actually false claim or statement if her qui tam suit is to survive summary judgment. See Crews, 460 F.3d at 856 (citing Quinn, 382 F.3d at 440 ("Without proof of [submission of] an actual claim, there is no issue of material fact to be decided by a jury. Quinn's theory that the claim'must have been' submitted cannot survive a motion for summary judgment.") (emphasis added)). In other words, a relator must establish actual presentment of a false claim "at an individualized transaction level." Fowler, 496 F.3d at 742 (emphasis in original) (affirming dismissal of relators' FCA claims because they did not meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b)). One way in which a relator can make such an individualized, transactional showing is to provide the date, amount, contents, or payment of a false claim. United States ex rel. Tucker v. Nayak, No. 06-cv-662-JPG, 2009 WL 1684484, at *4 (S.D. Ill. June 15, 2009). The likelihood or probability of a false submission is simply not enough. Id. at *3.
C. Knowledge of the Claim or Statement's Falsity
With respect to the knowledge requirement of the FCA provisions at issue, innocent mistakes or negligence will not suffice. Hindo, 65 F.3d at 613. A defendant must "know" that a claim or statement is false by "ha[ving] actual knowledge of the information[,] act[ing] in deliberate ignorance of the truth or falsity of the information[,] oract[ing] in reckless disregard of its truth or falsity of the information[.]" 31 U.S.C. § 3729(b)(1)(A) (West 2010). Again, "the claim must be a lie," and no intent to deceive or defraud the government is required. Hindo, 65 F.3d at 613; § 3729(b)(1)(B).
III. Genuine Issues of Material Fact Exist for All of Relators' Claims
The weight of the evidence as to the claims and their corresponding medical procedure will be analyzed in kind:
A. Lay Witness Testimony
The parties have been well-aware for several years that the merits of Relators' claims will be discerned from the medical records of the 25 trial patients. This, in conjunction with the specific requirements of Crews*fn4 and Fowler, dictates that most of the largely inferential and circumstantial evidence and testimony of Turner, Swartos, and Cobin is of no consequence.
For example, Relators tout the fact that Dr. Jackson went from performing very few gonioscopies to billing several a day after he learned that a Medicare code existed for the procedure. Even though Cobin heard Dr. Jackson call out gonioscopy results when he did not perform them, her inability to recall whether this fraud occurred during an examination of a trial patient is dispositive Ãá la Crews' "single false claim" requirement. As further example, Cobin's testimony that Dr. Jackson performed a "true"*fn5 extended ophthalmoscopy only 5% of the time that he billed for it does not present a genuine issue of material fact under the False Claims Act. The use of probability as the backbone to a False Claims Act suit has been denounced by Crews and this Court. Reliance on probability is even more tenuous in this case given the probe sampling at issue: 5 percent of the total patients billed for extended ophthalmoscopy could very well include all of the trial patients. More importantly, with the exception of Patient 2 who is discussed infra, Cobin cannot identify the date, name of a patient, or amount billed for a false claim of extended ophthalmoscopy. And, with respect to cataract surgeries and YAG laser capsulotomies, Cobin conceded that she never acted as a tech during the trial patients' examinations and that she could not state with certainty whether any of their operations were medically necessary.
Put simply, Relators' lay testimony largely does nothing to substantiate their claims when one considers the particular requirements of the False Claims Act.
B. Expert Witness Testimony
Despite a lack of direct evidence and on-point lay testimony, Dr. Dahl proves to be Relators' saving grace, at least at this stage in the litigation.*fn6 The most damning conclusion he presents is that "in the [trial patient] records that [he] reviewed, 25 records, there are 10 specific incidences in the 25 records where the patient never showed up in the office yet there is documentation of a -- a variety of things having been done[.]" Doc. 159-4, p. 26. Any claims billed to Medicare for these "no shows" inherently demonstrate the elements of the False Claims Act. Moreover, as Dr. Dahl testified, it casts doubt upon Dr. Jackson's medical judgment employed when the trial patients actually did make their appointments. This testimony in itself is likely enough to preclude summary judgment on several of Relators' claims, but Dr. Dahl's findings do not stop there. Thus, neither will the Court's analysis.
1. Count I
First, with respect to gonioscopies, Dr. Dahl opined that many of those performed on Patient 9 and Patient 25 lacked medical necessity. Dr. Dahl also found that medical impossibilities surrounded the goniscopic records of some of the trial patients, including Patient
3. Medical impossibility is a far cry from the scientific imporbability denounced in Crews. When Dr. Jackson billed for tests that resulted in medical impossibilities, he was either greatly confused or knowingly committing Medicare fraud. Considering the multiple medical impossibilities that pop up in the trial patients' files, the Court concludes that the latter is a viable conclusion to draw.
While the opinions of Dr. Kamenetzky, Dr. Williams, and Dr. Jackson differ from those of Dr. Dahl, the Court must construe the evidence and draw all reasonable inferences in the light most favorable to Relators. A jury could very well find Dr. Dahl to be the most credible expert witness and believe that Dr. Jackson lied about whether the trial patients' test results were medically necessary for purposes of Medicare. For these reasons, a genuine issue of material fact exists regarding Count I, and summary judgment is inappropriate.
2. Count II
Next, Dr. Dahl disagrees with the medical necessity of many of the extended ophthalmoscopies that Dr. Jackson purportedly conducted. Namely, he found only three to be properly billed to Medicare. Dr. Dahl points to the file of Patient 7, who underwent ten extended ophthalmoscopies over a two-year period, as most indicative of fraud. The Court understands that Dr. Dahl and Dr. Jackson may view the necessity of an extended ophthalmoscopy somewhat differently, and this is certainly understandable given the general deference to medical judgment. But, the record, especially Dr. Dahl's testimony as to Patient 7, illustrates that Dr. Jackson was performing extended ophthalmoscopies almost as a matter of course. Medicare does not allow payment for all procedures that a physician deems reasonable in the treatment of his patient. A procedure must also be necessary. 42 U.S.C. § 1395y (West 2010).
The potential impropriety of extended ophthalmoscopy billing is bolstered by Dr. Kamenetzky, who found other procedures performed on trial patients to not be necessary, and Cobin, who testified that the procedure was not properly performed on Patient 2 despite a corresponding claim's submission to Medicare. The conspicuous absence of the requisite retinal drawings for Patients 7, 14, and 22 also raises eyebrows as to whether an extended ophthalmoscopy was even performed on those patients.*fn7 In light of the foregoing, it is possible that Dr. Jackson billed Medicare for extended ophthalmoscopies he did not perform. A genuine issue of material fact therefore exists for Count II.
3. Count III
Dr. Dahl also opined on the lack of medical necessity for many of the cataract surgeries performed on the trial patients; specifically, he found that 25 of the 36 surgeries were not medically necessary due to an absence of refraction determination and a lack of visual acuity loss and improvement after surgery. While Defendants emphasize that these factors are not contemplated by the applicable cataract surgery regulation, ILMI-070 cites one key consideration as "[h]istory of a visual function problem, which, after ophthalmic evaluation suggests the expectation of cataract surgery, will improve the visual function status commensurate with the risk of undergoing surgery." Doc. 136-1, p. 4. Contrary to Defendants' assertion, the Court finds Dr. Dahl's concerns fit within this broad provision of ILMI-070. Dr. Dahl's belief that more than two-thirds of cataract surgeries were inappropriate dispels the notion of a mere difference in medical opinion and creates a genuine issue of material fact as to whether medical records were falsified to induce payment by Medicare. This understanding is supported by the aforementioned "no show" patients for whom Dr. Jackson billed Medicare. Therefore, summary judgment on Count III is not warranted.
4. Count IV
Apart from a brief footnote, Defendants do not seriously dispute Relators' claim that YAG laser capsulotomies were inappropriately scheduled outside of the 90-day global billing period. Turner testified that Dr. Jackson told her and others that capsulotomies should be scheduled 100-110 days after a patient's cataract surgery "just to be on the safe side." Doc. 159-6, p. 15. Although it does not appear that this testimony is in the context of the probe sample, the Court has no reason to believe that Turner was not discussing the trial patients as well. Summary judgment on Count IV would be inappropriate.
5. Count V
Finally, Dr. Dahl testified that Defendants wrongfully billed several YAG laser capsulotomies to Medicare because, like the cataract surgeries, there was an absence of refraction determination and a lack of visual acuity loss and improvement after surgery. As Defendants point out, Dr. Dahl's opinion is somewhat undercut by the fact that his capsulotomy testimony hinged on a regulation that the parties have since stipulated is no longer applicable to this case. The Court, however, will not be so brash as to allow a post-deposition stipulation to fully discredit Dr. Dahl's testimony. Dr. Dahl took issue with many of Dr. Jackson's claims for all four procedures, and there is no reason to believe that he would not come to the same or similar conclusions regarding capsulotomies under the now-applicable ILMI-013. Moreover, Dr. Dahl's ultimate opinion -- that several of the capsulotomies were not medically necessary -- is properly premised upon the "baseline" Medicare statute, 42 U.S.C. § 1395y, that requires reasonableness and necessity. A reasonable inference can also be made that Dr. Jackson's general encouragement of scheduling capsulotomies as a matter of course improperly produced the trial patients' follow-up rate of 100%. In sum, the Court finds a genuine issue of material fact exists as to whether Defendants fraudulently induced patients to undergo unnecessary capsulotomies. Count V will continue.
IV. Motion for Sanctions
As a final matter, the Court takes up Defendants' motion for sanctions. Pursuant to Federal Rule of Civil Procedure 11 (hereinafter "Rule 11"), Defendants request sanctions due to the perceived frivolity of Relators' second amended complaint. The primary purpose of Rule 11 is to deter unnecessary complaints and other filings throughout litigation. Fed. R. Civ. P. 11 advisory committee's notes; Fries v. Helsper, 146 F.3d 452, 458 (7th Cir. 1998). When filing a pleading, written motion, or other paper with the court, a party certifies that, to the best of his knowledge, his claims/defenses are warranted by existing law and that his factual contentions hold evidentiary support. Fed. R. Civ. P. 11(b)(2)-(3). In an effort to inhibit abusive litigation strategy, the Seventh Circuit applies a frivolousness test when considering Rule 11. "An attorney takes a frivolous position if he fails to make a reasonable inquiry into facts (which later prove false) or takes a position unwarranted by existing law or a good faith argument for its modification." Rush v. McDonald's Corp., 966 F.2d 1104, 1122 n.67 (7th Cir. 1992) (quoting Magnus Elecs. Inc. v. Masco Corp., 871 F.2d 626, 629 (7th Cir. 1989)).
The Seventh Circuit has widely held that Rule 11 requires the application of an objective standard of reasonableness under the circumstances. Pac. Dunlop Holdings, Inc. v. Barosh, 22 F.3d 113, 118 (7th Cir. 1994). Courts are "expected to avoid the wisdom of hindsight and should test the signer's conduct by inquiring what was reasonable to believe at the time the pleading, motion, or other paper was submitted." Fed. R. Civ. P. 11 advisory committee's notes.
Here, as perhaps best evidenced by the fact that this case will continue towards trial, Relators' claims are warranted by applicable law and their factual contentions hold at least some evidentiary support. While Relators' general argument that all of the bills submitted to Medicare for the trial patients has proven somewhat disingenuous, the Court does not find Relators' counsel took an objectively frivolous position at the time he filed the second amended complaint. The request for sanctions shall be denied.
For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment (Doc. 144). Further, the Court DENIES Defendants' Motion for Oral Argument (Doc. 162) insofar as it seeks oral argument on said summary judgment motion. The Court RESERVES RULING on the oral argument motion insofar as it seeks oral argument on the parties' other pending motions. Finally, the Court DENIES Defendants' Motion for Sanctions (Doc. 168, 169).
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Officials rescue three lost hikersMarch 10,2014Officials rescue
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SOMERSET Vermont State Police say three hikers were rescued Saturday night from the East Branch Trail in Somerset.
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March 28, 1977
The F. & M. SCHAEFER CORPORATION and the F. & M. Schaefer Brewing Co., Plaintiffs,
ELECTRONIC DATA SYSTEMS CORPORATION and E. D. Systems Corporation, Defendants.
MOTLEY, District Judge.
Findings of Fact and Conclusions of Law
On September 7, 1976 the F. & M. Schaefer Corporation (Schaefer) filed this action against Electronic Data Systems Corporation (EDS) alleging breach of contract and a cause of action for rescission of another contract based on EDS' alleged fraudulent misrepresentations. Schaefer prays for $45 million compensatory damages plus punitive damages. EDS answered the complaint on November 11, 1976 and asserted numerous counterclaims against Schaefer.
On this same day, EDS filed its motion for replevin of Schaefer's data processing system alleging that it had previously developed this system and had turned the system over to Schaefer in stages during 1975 and 1976 pursuant to agreement. Schaefer filed a reply to the motion for replevin on November 15, 1976.
The court held hearings on the replevin motion on March 7, 8, 9, 10, 14, 15, and 16, 1977 and now makes its findings of fact and conclusions of law with respect thereto.
In 1969 EDS and Schaefer entered into a contract for the development and supply of data processing services. The term of the contract was seven years. Under Phase 1 of this agreement, which was to end in 1972, Schaefer turned over its old data processing system, and while EDS ran this old card system for Schaefer, EDS developed a more sophisticated, more modern and much faster tape system to meet Schaefer's data processing needs. Under Phase 2 of the contract EDS was to run the newly developed system for Schaefer until May of 1976.
Phase 1 was essentially completed by the end of 1972, but by this time Schaefer was in severe financial difficulty and requested EDS to defer certain required payments for two years, approximately $1,507,000 in development costs and approximately $35,000 in monthly service charges. The result was a new 1973 agreement governing Phase 2 which (although not explicitly) superseded the 1969 agreement.
Under the 1973 contract the following changes, in essence, were made:
1. The original term of the contract would be extended for one and one-half years until the end of December, 1977, as opposed to May, 1976, the original termination date under the 1969 contract.
2. Monthly payments under the 1969 contract were reduced for 1973 and 1974, and these deferred charges were to be recovered by increased monthly payments in 1975 through 1977.
3. Services performed by EDS were to be reduced.
Under the 1973 contract Schaefer could cancel the contract, which by that time was for the running of the data processing system by EDS, and elect to operate its data processing system prior to the December 1977 termination date.
In order to terminate, two conditions had to be met: First, Schaefer had to pay a cancellation fee which was, in essence, the balance of all the deferred payments which otherwise would have been paid in monthly installments to December, 1977. Second, Schaefer and EDS had to enter into a termination agreement concerning Schaefer's use of the system developed by EDS.
In its main suit Schaefer claims that EDS did not adhere to the contract, and that the system which EDS developed was faulty and caused great damage to Schaefer. Schaefer also claims that EDS fraudulently induced Scaefer to enter into the 1973 agreement. Schaefer seeks rescission of this agreement.
The court finds that Schaefer did turn over its old system to EDS around 1969. During Phase 1 of the 1969 contract, EDS did develop another system which was different from the one turned over by Schaefer.
Around 1974 Schaefer expressed an interest in cancelling the 1973 agreement and running its own data processing system. In 1975, in accordance with Task Order C of the 1973 contract, EDS did, in fact, begin turning over the new system to Schaefer. The turnover was accomplished in stages so that no continuity would be lost in Schaefer's data processing needs and so that the EDS personnel would have time to train Schaefer's personnel in the operation of the new system. In addition, EDS compiled additional documentation in 1976 which Schaefer had requested.
The turnover was completed in August, 1976. No company other than Schaefer and EDS was responsible for any portion of Schaefer's data processing system.
During the period of time during which EDS was turning the system over to Schaefer, its agents met with Schaefer's agents. Throughout the course of the several meetings Schaefer's agents asserted on numerous occasions that Schaefer fully intended to pay the cancellation fee of $1,200,933.68 which Schaefer was obligated to pay as a condition of early cancellation under Task Order C and a sliding buy-out schedule which had been agreed upon by the parties, and any monthly charges due.
The court finds that EDS would not have turned over its system if it did not fully expect the payment of the amount of approximately $1,300,000. The court further finds that by early 1976 Schaefer had no intention of paying this cancellation fee, although officers of Schaefer did assure EDS to the contrary. Schaefer's intention was to receive from EDS all necessary materials and instructions for the system and to have its own newly trained personnel run the system and then institute suit against EDS.
In support of its motion for replevin, EDS says that it has a superior possessory right to the system under the 1973 contract because that contract imposed two conditions on Schaefer for early turnover of the system. Schaefer has met neither of these conditions.
First, the court finds that Schaefer has not met the condition that it pay a cancellation fee of approximately $1,300,000 to EDS.
Second, the court finds that Schaefer did not enter into, nor was it willing to enter into the termination agreement specified under paragraph 6 of the 1973 contract regarding confidentiality.
The court, therefore, finds that EDS has made out a prima facie case for replevin.
Under Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972), this court is obligated to provide Schaefer with a full and fair hearing before granting EDS's replevin motion. One aspect of this is that Schaefer is entitled to present any good faith defense to the claim of EDS that it has a superior possessory right to the system. We now turn to Schaefer's defenses.
Schaefer claims that the system which EDS turned over to it in 1976 was the same system which Schaefer turned over to EDS in 1969. If EDS did, indeed, turn over the very same system which it had received from Schaefer in 1969, Schaefer would have a good defense to the replevin action.
The court finds from the evidence adduced upon the hearing of the motion for replevin that this is not a good faith defense. The testimony of Schaefer's own personnel leads to the inescapable conclusion that the EDS system is substantially different from Schaefer's old system. Schaefer's own employee, Kenneth Koleman, qualified by Schaefer as an expert, pointed out that the EDS system was a tape system, while the old Schaefer system was a card operated system. From Koleman's description of both systems, the court finds that the tape system developed by EDS is a faster system; that Schaefer's old card system is now obsolete and is not capable of being operated on today's computers without substantial adaptations. The EDS system, the court finds, is a more sophisticated system, in that it uses the language of present day computers as opposed to the language employed with the card system.
Even if the EDS SYSTEM IS NOT IMPROVEMENT OVER THE OLD Schaefer system in terms of ultimate reliability and accuracy; even if the EDS system was not worth the millions that Schaefer paid for it; even if the EDS system is peppered with errors (determinations which the court finds unnecessary to reach at this time), the fact remains that the EDS system is not the same one which Schaefer had given to EDS in 1969 and that the EDS system is different in that it is more sophisticated, more modern and faster.
Schaefer says that a defense to EDS's claim for approximately $1,300,000 cancellation fee is that the EDS system was faulty, costing Schaefer over forty-five million dollars in damages. Therefore, Schaefer argues, the $1.3 million claim is more than offset by Schaefer's claims on the merits. This being true, Schaefer continues, the replevin action should be tried in conjunction with the main case, presumably many months from now when discovery in the main action has been completed.
EDS found a Southern District case which reads:
"Even taking defendants' allegations of poor equipment performance as true, defendant fails to state a valid defense to a replevin claim where, as here, performance was not a condition of payment." Honeywell Information Systems, Inc. v. Demographic Systems, Inc., 396 F. Supp. 273, 275 (1975).
In the instant case adequate performance of the EDS data processing system was not a condition precedent either to the payment of the cancellation fee or the turnover agreement specified in paragraph 6 of the 1973 agreement.
The only case cited by Schaefer which allegedly offers support for its claim that the poor performance of the system is a defense to replevin, supports just the opposite position. Computer Leasing Company v. Computer and Software, Inc., 37 Ohio Misc. 19, 306 N.E.2d 191, 194 (Ohio Ct. of Com.Pleas 1973).
Another defense - and a more weighty one - is that the 1973 contract (under which EDS claims its superior possessory right) was entered into by Schaefer on the basis of fraudulent misrepresentations by EDS, and that the 1973 contract should be rescinded. It would appear initially that if, arguendo, the 1973 contract were rescinded due to misrepresentations by EDS, EDS' replevin action would fall, but on further examination this is not the case. Even if the 1973 contract were rescinded, EDS would still have a valid basis for its replevin claim under the 1969 contract, since the deferred payments were due under that contract.
The 1973 contract superseded the 1969 contract by necessary implication, although there is no explicit supersession clause in the 1973 contract. Therefore, if the 1973 contract were to be rescinded, the parties' relations would then be governed by the 1969 agreement, which had never been formally abrogated. Kane Realty Co., Inc. v. National Children's Stores, Inc., 169 Misc. 699, 8 N.Y.S.2d 505, 508 (Municipal Court, City of New York 1938.)
Under the 1969 agreement the system was to be turned over to Schaefer on the contract's termination in April of 1976. But even if we assume that the 1969 contract is now in effect, the fact remains that Schaefer has not paid the approximately $1.3 million under that very contract. The question, therefore, is whether, although the 1969 contract calls for the transfer of the system to Schaefer in 1976, EDS is obligated to turn over the system when Schaefer owes it approximately $1,300,000.
Under paragraph 2 of the "Ownership, Conversion and Future Operation" section of the 1969 agreement, EDS was required, upon receipt of 12 months' notice of Schaefer's desire to operate its own data processing system, to notify Schaefer of its charge to convert to the computer system selected by Schaefer. In consideration of such charge, EDS was obliged to accomplish such conversion as may be necessary.
Under this paragraph a condition precedent to EDS' turnover of the system is obtainment of a conversion charge from Schaefer. Surely if Schaefer were to be $1.3 million in arrears on its monthly payments at the time that Schaefer wanted to get possession of the system, EDS would be entitled to demand its money before turning over the system. Furthermore, under the default clause of the 1969 contract, EDS could have terminated the agreement if Schaefer had failed to remit the approximately $1.3 million which it owed.
In sum, the court finds that the 1969 contract contains an implied condition precedent that requires Schaefer to pay all monthly charges before it would be entitled to get the system at the termination of the agreement. Thus, even if, arguendo, the 1973 contract is deemed rescinded, EDS would still be entitled to possession of the system under the 1969 agreement.
As a further defense, Schaefer claims that the tape reels and notebooks containing instructions and all copies of same are the property of Schaefer, since Schaefer paid for the blank tapes and blank paper and notebook bindings. The court deems this defense frivolous in this action for replevin, even if Schaefer's contentions are true.
Schaefer argues that the system developed by EDS is a body of intangibles, that is, concepts or ideas, and consists wholly of services rendered by EDS. Likening the system to a recorded song for which Schaefer supplied a blank disc, Schaefer says that just as a song cannot be replevied, so software in a data processing system cannot be made the subject of replevin.
The court finds this argument unpersuasive, especially since Schaefer has offered no case under New York law or any other law which holds that a data processing system, being wholly services or intangibles, cannot be made the subject of replevin. This system, the court finds, is quite tangible.
In addition to tapes, it consists of numerous instructions in notebooks and other documentation, some of which had been physically produced by Schaefer in the court-room during the course of this hearing. These tapes, notebooks of instructions and other documentation were delivered by EDS to Schaefer during 1975-1976. There may be intangible parts of the system, consisting of the training given Schaefer's employees in how to operate the system, for example, but those intangible parts of the system, if system, if they are part of it at all, are not a part of this motion for replevin. What EDS seeks are the tapes, the instructions, all supporting documentation and all copies of same.
EDS having proved a superior possessory interest and Schaefer having failed to offer any good faith defense to a motion for replevin, the motion must be granted.
EDS has also asked for preliminary injunctive relief restraining Schaefer from divulging the system or permitting its use by others. Before the conclusion of the hearing on this motion the parties entered into a stipulation as to confidentiality. There is, therefore, no need for an injunction with respect to confidentiality.
However, in view of the request for equitable relief by EDS, the court is empowered to grant alternative relief to EDS with respect to the system. Under RULE 54(C), Fed.R.Civ.P., a federal court has the power to grant appropriate relief to the winning party even if not demanded in the pleadings. United States v. Maryland Casualty Co., 384 F.2d 303 (2d Cir. 1967); Lewis v. Dansker, 68 F.R.D. 184 (S.D.N.Y.1974). The scope and form of the injunction should suit the circumstances of the case and the needs of the public interest. Bowles v. Leithold, 60 F. Supp. 909 (E.D.Pa.1945), aff'd, 155 F.2d 124 (3d Cir. 1945).
Accordingly, alternatively, Schaefer will be enjoined from using the system unless, pending the outcome of the trial on the merits, it pays EDS the approximate amount of $1,300,000 due it, secured by a bond from EDS to Schaefer for twice that amount to cover any offset or costs to which Schaefer might be entitled. EDS may choose which relief - either replevin or the injunction - it prefers.
Submit order on notice.
On March 16, 1977 the court made oral Findings of Fact and Conclusions of Law which were formalized in a written opinion filed on March 28, 1977. Upon submission of the parties' proposed order and counter-order, the court has reconsidered the relief which should be granted and hereby amends its prior opinion as follows:
The court will grant the motion for replevin and enter judgment pursuant to Rule 54(b), Fed.R.Civ.P., there being no just reason for delay in the entry thereof, but the same will be stayed under Rule 62(h), Fed.R.Civ.P., on condition that Schaefer pay to EDS $1.3 million, in which event EDS shall post a bond for $2.6 million, all pending final disposition of the action.
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Elder Law Leaders Host Free Seminars to Share Nursing Home Strategies that Protect a Family's Assets
Moorestown, NJ (Law Firm Newswire) June 15, 2011 - The Begley Law Group is hosting free elder care seminars on Tuesday, June 21 through Thursday, June 23 in the Moorestown area. The seminar will cover what individuals and their families can do to keep nursing home costs from wiping out their savings, including how Medicaid or Veteran's Benefits can pay for these costs.
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7:00pm - 8:30pm
Moorestown Community House
16 East Main Street
Moorestown, NJ 08057
Wednesday, June 22
2:00 pm – 3:30 pm
Mt. Holly Library
307 High Street
Mt. Holly, NJ 08060
Thursday, June 23
10:30am – 12:00pm
Vogelson Regional Library - Voorhees
203 Laurel Road
Voorhees, NJ 08043
To learn more or to contact a New Jersey special needs planning attorney, New Jersey estate planning lawyer, or New Jersey Medicaid planning lawyer, call 1.800.533.7227 or visit http://www.begleylawyer.com.
Begley Law Group
509 S. Lenola Road, Building 7
Moorestown, NJ 08057
Tel: 800.533.7227
- Lien Resolution In Personal Injury Cases
This is the third in a series of articles dealing with lien resolution in personal injury cases. Welfare Liens In New Jersey, there is a lien against real and personal property of a person who has been assisted by or received support from any municipality or county. This is true whether a person has been in a county facility or at home.1 Mental Health Liens In New Jersey. a person with a mental illness who is over age 18 and is being treated in a state psychiatric hospital shall be liable for the full cost of his treatment. maintenance. and all necessary related expenses.2 [...]
by Thomas D. Begley, Jr., CELA There are a number of alternatives to a Third Party Special Needs Trusts. These include the following: Disinherit a Child. The problem with this strategy is that one cannot be certain that public benefits, as we know them today, will continue forever. Many public benefits have been cut back in recent years and there is no guarantee that current benefits will not be reduced as well. Many parents who have severely disabled children, whose needs are covered by public benefits, will consider disinheriting the children, but they should be made aware that current public [...]
by Thomas D. Begley, Jr., CELA Below is a chart comparing an ABLE Account with a Third-Party Special Needs Trust. ABLE ACCOUNT THIRD PARTY SPECIAL NEEDS TRUST OR POOLED TRUST Onset of Disability Qualifying disability exists prior to age 26 No requirement Age of Beneficiary No requirement No requirement Who May Establish Beneficiary, parent, guardian, agent Anyone except beneficiary Number of Accounts One per beneficiary Unlimited Fees Financial institution fees Attorney and trustee fees Contribution Limits $14,000 per year (federal gift tax limit); total capped at state limit for 529 college savings accounts; SSI payments suspended when assets total $100K Unlimited Investment Options Investment strategies may be changed [...]
See other news sources publishing this article. BETA | Tags: new jersey elder law, new jersey elder law attorney, new jersey estate planning, new jersey estate planning attorney, new jersey estate planning lawyer, New Jersey Special Needs attorney, New Jersey Special Needs Lawyer, New Jersey Special Needs planning, new jersey veterans law, nj elder, nj estate planning, nj estate planning attorney


text: With a stay at Post Hotel - Tradition & Lifestyle in San Candido (Alta Pusteria), you'll be minutes from Innichen Abbey and St. Michael's Church. This 4.5-star hotel is within close proximity of St. Michael's Square and DoloMythos. Make yourself at home in one of the 42 guestrooms featuring minibars and flat-screen televisions. Complimentary wireless Internet access keeps you connected, and satellite programming is available for your entertainment. Private bathrooms with bathtubs or showers feature designer toiletries and hair dryers. Conveniences include safes, and housekeeping is provided daily. Pamper yourself with a visit to the spa, which offers massages, body treatments, and facials. Skiers will be in heaven, but there are recreational options available for non-skiers as well, including an indoor pool and a sauna. This hotel also features complimentary wireless Internet access, concierge services, and ski storage. The complimentary ski shuttle makes getting to the slopes a breeze. Satisfy your appetite at the hotel's restaurant, which serves breakfast, lunch, and dinner, or grab a snack at a coffee shop/café. Mingle with other guests at a complimentary reception, held daily. Quench your thirst with your favorite drink at a bar/lounge. Featured amenities include complimentary newspapers in the lobby, dry cleaning/laundry services, and multilingual staff. A train station pick-up service is provided at no charge, and self parking (subject to charges) is available onsite. Recreational amenities at the hotel include an indoor pool and a sauna. Guests under 10 years old are not allowed in the swimming pool. The recreational activities listed below are available either on site or nearby, fees may apply.


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11th February 2017
Each team must comprise of between 3 - 5 participants, all of whom must be members of The Scout Association or GirlGuiding UK.
There are THREE routes, 50 miles and 50km open to all and a 30km route for Explorer Scouts only. The event is a test of good orienteering skills as well as physical ability and teamwork.
The route will not be disclosed until the day of the event. All teams therefore start with exactly the same chance of winning a trophy.
15th October 2016
The Chiltern 20 Challenge Hike is open to all members of The Scout Association who are in the Scout Troop Section born after 15th April 2002.
The Challenge is a test of physical ability as well as good orienteering.
The team composition is very flexible. Teams can comprise three, four or five Scouts with or without an accompanying Leader.
Southern 50 Challenge - Entries are now open
The 2017 event is open for entries ENTER NOW.
Please read all event details carefully, there are changes to the rules and kit list make sure that all your team members read them.
Take on one of the three challenging routes across the Chiltern Hills 30km, 50km or the ORIGINAL 50 MILE, in teams of between three and five team members.
Start your training now if you have not already.
Southern 50 Challenge - Entries are open from 10pm on Friday 28th October 2016
From 10pm on Friday 28th October you will be able to enter the 2017 event here.
Please read all event details carefully, there are changes to the rules and kit list make sure that all your team members read them.
We look forward to welcoming you all, both old and new teams to tackle a new and challenging route over the Chiltern Hills.
Chiltern 20 Challenge - Results, Report & Photos
Results and Report from the 2016 Chiltern 20 Challenge are now available to view or download.
There is also a collection of photos from the event taken by Ian Lamb of 22nd Southgate.
Congratulations to all the teams that took part and many thanks to everyone that helped to make this years event such a great success.
Chiltern 20 Challenge - Team Start Times Available
View and download the 2016 Team Start Times.
IMPORTANT: All team leaders have been informed by email, but if there is anyone who has not yet received their information could they get in touch with us immediately.
Please check your teams start time carefully and arrive in sufficient time for registration and kit check.
Other event information: Essential Guide and Parent Form.


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JRiver Purchase and License - JRiver Media Center
Category: HTPC Media Centers, Servers Software - Digital Digest
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These blank slides come with a single concave circle in the centre. The set comes with a box of 50 slides and are easily mountable to any microscope.
Concave Blank Microscope Slides (50 piece set) Features:
- 50 blank concave slides suitable for any microscope
- Measures 25.4mm x 76.2mm x 1.1mm
- Single concave circle measures 14mm
- Perfect to keep specimens in shape under slide cover slips
Additional Info
Celestron warrants its products to be free from defects in materials and workmanship for the length of time specified by this product to the original owner. Each product will list the warranty for it on our website.
Celestron will repair or replace the product which, upon inspection by Celestron, is found to be defective in materials or workmanship and within the definitions of the limits described below.
This warranty is effective January 1, 2012, and supersedes all other warranties as noted in brochures, instruction manuals, product packaging, etc.
This warranty does not cover products that have been subject to abuse, misuse, physically damaged, altered, or had unauthorized repairs or modifications. This warranty does not cover defects due to normal wear and tear and other conditions.
Celestron shall use reasonable efforts to repair or replace any binocular or spotting scope covered by this warranty within thirty calendar days of receipt. If it takes longer, the customer will be notified.
If warranty problems arise, or if you need assistance in using your product, please contact our Customer Service.
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Celestron Prepared Microscope Slides (100 piece set)
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Celestron Blank Microscope Slides (72 piece set)
Retail Price $14.95


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0 Berwick Ogunquit, ME 03907
Listed by Anne Erwin Real Estate of Anne Erwin Sothebys International Rlty
Call Four Seasons Sotheby's International Realty Real Estate for more information.
Lot Size: 10.5 acres
Price/Acre: $37,142
Property Description
If you desire privacy but still want to experience of the vibrant community of Ogunquit, this 10+/- acre parcel will not disappoint. Located on the outskirts of town, the generously sized lot is lightly wooded and has over 600 of road frontage along Berwick Road. Build your dream home or generational home at this beautiful setting east of the Maine Turnpike. Ogunquit offers world class restaurants, the Marginal Way and Ogunquit Playhouse, 3 miles of white sandy beaches, and was voted the Best coastal small town in America! Come make your dreams come true!
- Property Type: Land
- Zoning: RES
- Acreage: 10.5
- Lot description: Wooded
- State: ME
- Street: Berwick
- Building Number:
- Development/Subdivision: 0
- Zip Code: 03907
- County: ME-York
- Town: Ogunquit
- Area Description:
- Elementary School:
- Junior High:
- High School:
- Water: On-Site Well Needed
- Sewer: On-Site Septic Needed
- Electric: None
- Services:
- Land Restrictions:
- Taxes: $1,867
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being provided is for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data last updated on 12/02/2016.


text: The Wild Giraffes - Right Now (1981, Neck) • Pop New Wave Dance • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Facebook Twitter Google+ Pinterest Hide/Show Album Info Funny how such a great record from such a crucial era can go virtually unheralded for all these years. Even in powerpop/KBD corners Mentor, OH's Wild Giraffes have flown under the radar all this time, as has this record. Granted, Right Now saw the light of day on the local indie imprint Neck Records (possibly the band's in-house label), but nonetheless, far scarcer records have enjoyed more visible reputations, albeit posthumously I should add. Hovering somewhere between a more advanced Flamin' Groovies and Cheap Trick, Wild Giraffe's rootsy undercurrents rubbed elbows with faint, post-punk chord wrangling a la Roger Miller of Mission of Burma. If the Figgs had started their career, say a decade early, they would probably have approximated a solid cross section of this album's content, which by the way hosts no less than three classic covers: "Good Times" (Easybeats), "Burning Love" (popularized by Elvis), and "Move It On Over" (Del Shannon). isksp blog is hosting a Wild Giraffes single from 1978, "Ensemble and Majorettes," which is just as stimulating as Right Now, and worth significantly more money from what I understand. 01. Right Now02. Good Times03. In and Out04. The Real Things05. I Got You06. Burning Love07. I Can't Make It08. She Do Rock09. Weather Girl10. I Don't Know About You11. We'll Never Know12. Move it on Overhttps://rapidshare.com/files/3398308054/wildgiraffes_rightnow.rar #tags The album code is : ODI196582 You may also like ... Banana Line Banana Line ... Hypnosis - Pulstar (White Label) Hypnosis - ... Freestyle - Break Mix 2011 Hugando Freestyle - ... Sylvester - Rock The Box Sylvester - ... The Masters Of High Energy The Masters ... Mark_Medlock_-_Cloud_Dancer (CD-2008) Mark_Medlock


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Delivery Information
Spend $200 & get free delivery to most of Australia
Click here for all Australian freight rates
- Melbourne 1-2 working days
- Sydney 1-2 working days
- Brisbane 3-4 working days
- Adelaide 4-5 working days
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For express service, call 1800 069 295 for a quote.
International deliveries click here We cannot ship to all countries.
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1999 Mitchell Watervale Riesling
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- Closure: Cork
Jane and Andrew Mitchell have consistently produced excellent wines from their Clare Valley vineyard. Bright, straw colour. Excellent nose, with some early bottle developed aromas emerging, over notes of citrus, lime, honey and ripe pears. Full bodied generous palate, with lime and pear flavours dominant. The wine is still developing and over the next 3-4 years further complexity will emerge over layers of honey and pear. Crisp acid finish, followed by a long ripe pear aftertaste. Cellar 3-4 years.


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French Toast Waffles
Total Time
Prep 2 mins
Cook 0 mins
A fast easy and yummy way to make french toast using a waffle iron!
Ingredients Nutrition
- 4 -6 slices slightly stale bread
- 2 tablespoons butter, melted
- 1 egg, beaten
- 1⁄2 cup cream or 1⁄2 cup whole milk
- 1⁄2 tablespoon sugar
- 1⁄8 teaspoon salt
- 1⁄8 teaspoon cinnamon or 1⁄8 teaspoon nutmeg
- 1⁄2 teaspoon vanilla
- powdered sugar
- Combine all ingredients except bread.
- Dip slices in mixture, coating well on both sides.
- Cook the bread on a well oiled, hot waffle iron until crisp.
- Sprinkle with powder sugar.
- Serve with warm syrup.
- I have substituted non dairy creamer like Coffee Mate for milk or cream.
- Omit sugar if you do use a flavored Coffee Mate.
- I have also substituted butter, Almond, Cherry and Orange extracts for the vanilla for a different flavor.
Most Helpful
I used a nice organic portugese bread for these french toast waffle. The bread was thick, firm and held together well. The recipe was easy and quick to make. I added both the spices listed. Thanks for sharing your recipe Aerica. Made for Pac Spring 08 .
I used a loaf of round sourdough buole and sliced into thick slices (about 1"). This really worked well in a belgian waffle iron as the bread almost covered both squares in the waffle iron. I did up the cinnamon & added nutmeg as well. Thank you for sharing your recipe! Reviewed for PAC Fall '07.
These are delicious little "waffles". Didn't have anything but 1% milk but it seemed to work fine. Next time I will use Texas toast as it was a bit hard to keep my thinner bread from falling apart. Also my bread was several days old, but not as stale as it probably should have been. It still came out looking good even with the soggy, fall-apart bread. Maybe will try this with a bit more cinnamon. These are great for a really easy quick and delicious breakfast and the bonus.....no pan to wash! Will be making these often. Thanks EricaYvonne for a great recipe.


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Reward Points on this item:3
Availability: Out of Stock Visit this page often to view the stock update.
Alcohol Denat., Hydrofluorocarbon 152A, Octylacrylamide/Acrylates/Butylaminoethyl Methacrylate Copolymer, Aminomethyl Propanol, Dimethyl Stearamine, Fragrance, Benzyl Salicylate, Hydroxyisohexyl 3 Cylcohexene Carboxaldehyde, Linalool, Hexyl Cinnamal, Alpha Isomethyl Ionone, Amyl Cinnamal, Citronellol, Geraniol, Eugenol, Hydrolyzed Wheat Protein.
To spray: Hold can upright 8-10 inches from hair.
Please read all label information carefully on delivery and prior to use.
Astroglide Personal Lubricant Gel - 4 Oz
Our Price:$2.90
Sudden Change Under Eye Firming Serum - 0.04 Oz, Tiny Size
Our Price:$1.45


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Xeana is a 2 yr old mama who came to us from Miami Dade Animal Services with her 5 pups. All pups adopted now mama's turn. She is dog friendly, housebroken & loves people. She is 9 lbs of sweetness!
(561) 684-1010
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text:
Packaging and label
Rum bottle label design by Evgen M. A stipple blue hammerhead shark combined with an anchor and rustic typography. #nautical #maritime #packaging
Le Jardin Tattoo Wine Packaging by Sarah Gwan | Fivestar Branding Agency – Design and Branding Agency & Curated Inspiration Gallery
Immagine correlata
La cerveza de Patswerk | NiceFuckingGraphics!
More stunning packaging and label designs | From up North
Black Dot Vodka bottle and their very limited edition black label version.
Folksaga Liquor Packaging by Good Bones Studio | Fivestar Branding – Design and Branding Agency & Inspiration Gallery
The label designs for Australia's Crazy Uncle Moonshine were inspired by a strait jacket and designed by Zendoke.
Firstly i like the shape of the bottle and the colour, which contrasts nicely with the white label sitting on the upper half.
Hidalgo Olive Oil - I like that is is designed in a rectangle and fades at the top, letting the product shine through.


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Pain in the finger can be described as a minor ache, an annoying throbbing, stiffness, soreness, tingling or a burning sensation.
The fingers are made of tiny bones, nerves, muscles, blood vessels, and of course skin. The joints are where the bones meet and aid in flexibility. Finger joints are a combination of tendons, ligaments, and fluid, that makes movement easy. If, at any time, the components of the fingers become irritated, pain is likely to occur.
Trauma is a common cause of finger pain, but there are other causes of little finger joint pain, swelling, and redness. Such as:
Arthritis is an inflammation of the joints, which results in discoloration (redness), swelling, and pain. Another symptom of arthritis is that the joints may be warm and tender when touched.
Rest, compression and over-the-counter pain relievers are usually the first course of treatment. Joint replacement surgery may be a consideration for more severe cases of arthritis.
Ligament Sprains
A ligament is strong bands of fiber that securely hold the bones around the joint in place. This type of painful sprain usually occurs when the bone is extended beyond the joints normal range of motion. Swelling, bruising, and pain are symptoms commonly associated with ligament pain.
Elevation of the joint, rest, cold compresses and pain medications are effective treatment methods, for offering relief of pain and allowing the body to heal. Surgery, to repair the ligament, may become necessary, if healing does not occur on its own.
Gout is a typical form of arthritis that is basically a build-up of uric acid in the blood. One in every 100 people, living in the United States, will get gout. Symptoms of gout include a sudden onset of severe pain in the joints. These inflamed joints are usually painful to touch, and will appear red and swollen.
Gout cannot be cured, but it can be controlled by following a low-protein eating plan. Prescribed medications are available, to keep uric acid at normal levels.
Individuals, who have lupus or rheumatoid arthritis, are highly susceptible to polyarthritis. This is a condition where two or more joints are inflamed at the same time. Swelling, tenderness, stiffness and pain in the joints are common symptoms of this condition.
Depending on the underlying cause of polyarthritis, treatment may consist of a combination of medications (both prescribed and over-the-counter) and warm compresses.
Adult Still's Disease
This disease is triggered by an abnormal immune system. The immune system normally fights infections in the body, but when not functioning properly, it will attack healthy cells and joint tissue. In turn, causing joints to swell. Symptoms may also include a fever with a skin rash (redness).
To keep the inflammation under control, regular exercise, physical therapy and medications are recommended. In severe cases, surgery to replace the joints may be suggested.
People, who have lupus, deal with tissue inflammation throughout their body, because their immune system is not functioning properly. Instead of fighting infections, their immune system will attack normal and healthy tissues throughout the body, which causes swelling and damages tissues over time. There are just under two million people living in the United States that have lupus.
Typical symptoms of lupus include a rash, swelling of the joints, eye pain and redness, chest pain, fluctuation in weight, hair loss, fatigue, and pain in the joints. There is no cure for lupus, but symptoms can be treated with medications, that are designed to suppress the patient's immune system.
Septic Arthritis
A bacterial infection is usually the underlying cause of septic arthritis, but it can also be caused by skin ulcers, cellulitis, open skin wounds, osteomyelitis, and joint surgeries. Besides swollen joints, pain that increases with movement, redness around the joints, and tenderness are also symptoms of septic arthritis. Every year in the United States, one in every 13,000 adults get septic arthritis.
Antibiotics and intravenous fluids are common treatments, and narcotic drugs are used to ease the severe pain. If caught early, a complete cure is likely, but if left untreated and undiagnosed, the joints can be severely damaged.
Top Joint Pain Relief Products
**This is a subjective assessment based on the strength of the available information and our estimation of efficacy.
*Results may vary. If you are pregnant, nursing, have a serious medical condition, or have a history of heart conditions we suggest consulting with a physician before using any supplement. The information contained in this website is provided for general informational purposes only. It is not intended to diagnose, treat, cure, or prevent any disease and should not be relied upon as medical advice. Always consult your doctor before using any supplements.
Disclosure of Material Connection: Some of the links in the post above are "associate sales links." This means if you click on the link and purchase an item, we will receive a commission. Regardless, we only recommend products or services which we use personally and/or believe will add value to our readers. We are disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials."


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You are here
Information Security Analyst
Bullet points
- Excellent contact career opportunity with a UK Industry Giant
- Varied Information Security Position
About Our Client
My client has been a UK industry leader for decades. Primarily based in the UK, but with operations across the world. My client will provide your contract CV with an excellent complex, varied security assignment.
Job Description
Key duties for this position will include:
Define, develop and maintain information security policies, standards, procedures, and processes.
Identify and assess information security risks and define appropriate mitigating controls. Carry out risk assessments as required by business processes and systems.
Provide advice and guidance to the organisation on information security best practice. Provide information security training and awareness for all staff.
Take ownership of and progress work packages to reduce information security risk exposure.
Monitoring and reporting of user compliance with information security policies, standards, procedures and processes.
Assist in maintaining the ISMS (Information Security Management System) to ensure that best practice information security is observed.
Provide assessments of information security impacts of potential project work and provide information security advice on projects in progress.
Support audits related to information security.
Identify and manages risks relating to organisational data
Investigate and make recommendations for improvement based on feasibility and business benefit
Investigate any breaches of security and ensures vulnerabilities are addressed
The Successful Applicant
To be successful in this position you'll enjoy the challenges associated with introducing a new information security control discipline across an organisation
Excellent problem solving skills
Pragmatic approach to formulating solutions
Team player
'can-do' attitude
Excellent communication skills
Can demonstrate the right mind set for risk v control
Key Requirements
Track record of a successful information security analysis career
Understanding of security standards, data protection and compliance (e.g. ISO27001 & Information Commissioners Office)
Experience of developing and implementing information security policies and procedures
What's on Offer
Excellent contract rate


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Colgate* Total* Advanced Health* Intense Fresh Toothpaste
Advanced Freshening+ 12 Hour Germ Fighting
We're sorry! This product is not available.
Description & Features+
Colgate Total* Advanced Health* does more than just protect, it actually helps improve mouth health. Use Colgate Total* Advanced Health* Intense Fresh which contains an added flavour booster to help keep breath ultra fresh.
Colgate Total * Advanced Health*, with its advanced cleaning system, improves your dental health. With brushing it helps to:
- Relieve and block painful sensitivity
- Fight bacteria for 12 hours
- Prevent tooth cavities
- Prevent tartar
- Prevent plaque build-up
- Prevent gum inflammation
- Reduce gum bleeding
- Remove stains and whiten teeth
- Fight bad breath
- Strengthens enamel by rebuilding weak spots
From the Manufacturer +


text: Sharknado Event at the Schuylkill Mall Skook News 12:11 PM Events Edit Friday will kick off a weekend of Sharknado events at the USA Drive Ins at the Schuylkill Mall. Share on Facebook Share on Twitter Share on Google Plus About Skook News This is a short description in the author block about the author. You edit it by entering text in the "Biographical Info" field in the user admin panel. RELATED POSTS


text:
Cornmeal Batter Rolls
susan tinney
My family loves these. They are a quick and easy yeast dough
Featured Pinch Tips Video
Be the First
6 at 2 rolls apice
1 Hr
10 Min
- 11/2 c
- flour
- 1/2 c
- cornmeal
- 1 Tbsp
- sugar
- 1 tsp
- salt
- 1 pkg
- active dry yeast
- 1 c
- milk
- 1/4 c
- butter
- 1
- egg
Directions Step-By-Step
1Grease 12 muffin cups
2Spoon flour into measuring cup level off.
3In large bowl combine 1 cup flour, cornmeal, sugar, salt and yeast; blend well.
4In small saucepan heat milk and butter till hot (120 to 130F Add hot liquid and egg to flour mixture.
5Blend at low speed until moistened; beat 2 minutes at medium speed. By hand stir in 3/4 to 1 cup flour to form a stiff batter
6Cover batter and let rise in warm place until doubled in size about 45 minutes
7Stir down batter, spoon into greased muffin cups. Let rise in warm place till doubled in size about 30 minutes.
8Heat oven to 400 Bake at 400 for 10 to 15 minutes. Remove from muffin cups immediatly.
About this Recipe
Course/Dish: Muffins
Main Ingredient: Bread
Regional Style: American
Other Tag: Quick & Easy