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The Magna Carta, which set out the most basic principles of English law, is recognised as one of the most important documents in existence. So rare are the surviving 17 versions of the manuscript, drawn up by King John in 1215, that all but two reside in Britain's most hallowed institutions, including the British Library and Salisbury Cathedral.
But yesterday, in an extraordinary announcement, Sotheby's revealed that the only copy of the Magna Carta in the world to remain in private hands will be auctioned in New York this December. It dates from 1297 – the year the final versions of the charter were ratified – and it is likely to be the only version ever to be sold.
As one of only two versions outside England – the other belongs to Australia – the sale, which even by conservative estimates is expected to fetch £15m, has been hailed as momentous. David Redden, vice-chairman of Sotheby's, said that, as "the most important charter in the world", it had become a worldwide phenomenon. "The document symbolises mankind's eternal quest for freedom," he said. "It is a vessel for everyone's hopes and fears; it tells us how the concept of freedom in law began. If we go back to find the seed from which it all comes back to, the Magna Carta has had a huge impact which resonates today."
Written in Latin by a royal scribe on vellum or animal skin, the Magna Carta, translated as "great charter", was originally created by King John, who reluctantly renounced certain kingly rights, agreeing that his will could be bound by law and vowing to respect specific legal procedures after being put under pressure by his increasingly restive barons.
About 400 versions of the charter were said to have been issued during the 13th century, including those that were re-issued, after a determined campaign from the barons, with changes inserted each time. In 1297 the final version was confirmed, which included the right not to be jailed unlawfully and to trial by jury. Only four versions from this date survive today.
Never having been sold at auction before, the document going under the hammer in New York sat for years in the archives of the Brudenells, one of medieval Britain's most prominent families. It is believed to have come into their possession from ecclesiastical archives after the dissolution of monasteries, and was mistaken for an unimportant 13th-century document by the family before its significance was finally recognised in the 1970s.
Mr Redden said: "Until the Seventies, they thought it was just a medieval charter. It turned out to be 'the' medieval charter of all time." He said it was sold by the Brudenells in 1984 to an American charity, and taken out of the country to be displayed at the National Archives in Washington, a move which would not be permitted today for a national treasure of such immense importance.
Other versions of the document in Britain are at Durham, Salisbury, Hereford and Lincoln cathedrals as well as the four in the British Library, the National Archives, the Corporation of London's record office and Oxford University's Bodleian Library. A copy was sold privately to Australia by Sotheby's in the early 1950s.
Claire Breay, head of medieval and earlier manuscripts at the British Library, said it was of great national and international importance. "Its significance was international because of the impact it had in other countries, and it has echoes in the American Bill of Rights as well as the Universal Declaration of Human Rights. That's why it still gets cited by lawyers and quoted by politicians," she said.
Magna Carta rights
Three clauses of the 1297 version of Magna Carta still remain in legal force in England and Wales, which guarantee the freedom of the English Church, the "ancient liberties" of the city of London and a right to due process.
The charter:
* Bound the king to certain laws regarding the treatment of church officials and nobles.
* Stated that fines should be proportionate to the offence and that people should be tried by their peers, in effect bringing in trial by jury.
* Decided that crown officials, such as sheriffs, may not try a crime in place of a judge.
* It said no one could be tried on their own testimony alone.
* Defined the right of habeas corpus, a legal action or writ through which a person can seek relief from unlawful detention of themselves or another person.
* Said no royal officer could take commodities such as corn, wood or transport without payment or consent in an attempt to eradicate extortion and corruption.
* Bound the king to return any lands confiscated from a felon within a year and a day.
* Set out a list of standard measures and guaranteed the safety and right of entry and exit of foreign merchants.
* Stated the king should appoint royal officers only where they were suitable for the post.Reuse content


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Rossville, Illinois MLS listings - Homes for Sale
page 1 of 1
Homes For Sale » Illinois » Vermilion county » Rossville
The MLS is the most widely used source of properties for sale by Realtors® in the United States. The Multiple Listing Services combines all Realtor®-listed properties in one database within a specific geographic area. Some MLS databases overlap coverage areas. The MLS contains detailed information on the properties it lists, records of all recent closed sales and their sales prices as well as property tax information. The following MLS-Listed properties are located in Rossville, Illinois. »More info on the Multiple Listing Service
Clks Sub L1 Clks Sub Se4
308 S Chicago Street
4 bed / 1 bath Single Family Home
4 bed / 1 bath Single Family Home
2,413 sq. ft.
Rossville, IL 60963
A historic and wonderful home in the unique and quaint village of Rossville, Illinois.
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Flat Fee MLS listing in Illinois

subset: commoncrawl


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When we moved in, we could just afford the mortgage, no extra 'thrills' as we considered them, plus it was in a liveable condition. But after the loft conversion, our hall was pretty much obliterated and we had to do something. And it was actually fun decorating from scratch.
|Door: Farrow & Ball 'Manor House Gray'. Doormat: £11, Ikea. Floor tiles: Topps Tiles
|Basket: H&M Home (I wanted somewhere chic to leave wet umbrellas!)
|Sandals: £42, Topshop. Bag: £64.50, Aurora London
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|Candle: £24, Wood Grey. Marbled cement plant pot: £14, Etsy
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Establishment Of World Class Oceanarium
Government Of Tamilnadu Department Of Fisheries (DOF), CHENNAI has invited International Competitive Bids (ICB) for Request for Qualification (RFQ) from Potential Developers or Consortium of Developers for establishment of World Class Oceanarium at Mamallapuram, Chennai on Public Private Partnership (PPP) mode. Tendersontime, a leading business leading Online Tender Notice Portals is the first agency to report this notification.
Tender No:33516/R3/2012 Dt.27.05.16
The Department of Fisheries, Government of Tamil Nadu intends to develop a world class Oceanarium at Mamallapuram in Chennai on Public Private Partnership mode. Mamallapuram is located at a distance of 56 Km south from the city of Chennai and is one of the major tourist centres and classified as UNESCO world heritage site. The extent of land available for the proposed development is 13.07 acres free from all encumbrances. The potential concessionaire is proposed to be chosen through a two-stage competitive bidding process.
The State Government will provide interest free O&M loan of Rs. 30 crores cumulative to the developer during the first three years of operation. The estimated capital cost of the project is Rs.258 Crores.
The Department of Fisheries (DoF), GoTN invites 'Request for Qualifications' (RFQ) from eligible Developers on their own or in Consortium, having a net worth of Rs. 64 Crores in preceding financial year and Turnover of Rs. 258 Crores in preceding three financial years experience of designing and commissioning at least 1 (one) Oceanarium project having minimum water capacity of 2.25 million liters and consisting of at least 1 (one) acrylic tunnel aquarium with moving walkway along with various ancillary facilities like touch pool, marine mammal stadium, research facilities etc., over the past 15 (Fifteen) financial years which can be also demonstrated through a Techno Commercial agreement executed with a technical partner having the experience.
The RFQ document can be downloaded from the following websites. The following gives details of RFQ document:
Sale of RFQ Document 27 May 2016
Cost of RFQ Document Rs. 25,000/- ( Rupees Twenty Five Thousand)
Pre-application conference 24 June 2016 at 11:30 Hrs.
Tender inviting authority response to queries and issue of corrigendum/addendum if any 1 July 2016
Last Date of RFQ Submission 22 July 2016 at 16:00 Hrs.
Opening of Technical Proposal / RFQ 22d July 2016 at 16:30 Hrs.
(Note: Any announcements, pre-bid replies, addendum relating to the project will be published only through the website above.)
For further information , please contact The Commissioner of Fisheries, Department of Fisheries, Admin Buildings, DMS Complex, Teynampet, Chennai — 600 006, Tamil Nadu, India.
For further details, please call on +91-9218088010, +91-9218540407 or email at email@example.com or register on the website: http://www.tendersontime.com/register.php
Tendersontime, the world's largest Procurement / Tenders Search Engine , would like to inform all interested firms, joint ventures and companies who participate in such projects, to use this opportunity and expand their business.
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Website Templates v Professional Web Design
In recent years online choices expanded exponentially and many services, such as web design of are now done by individuals due to higher quality website templates anddo-it-yourself software. Website templates are a seemingly easier, faster initially, and offer lower up-front cost compared to a professional, customised web design. Website templates are ready-made site layouts that only need content and a few other additions. Individuals can take a website template and have a new site running in a small amount of time, but is that the best choice? The answer of course depends on your objectives. Below are a few of the pros and cons of website templates vs. engaging professional company to help you decide.
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- Limited website customisation. You can customise some website templates, but generally only up to a certain degree. If you need to change the settings of your template in order for it to incorporate more text or optimise your images, you probably will need additional coding skills or the assistance of a professional web design company. Otherwise the template might look stretched, not function properly, and sometimes not work at all. Many of these templates also use antiquated coding that may not even render properly on all browsers, thereby limiting the number of people who can view your site.
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- Low initial expenses and quick availability. There are plenty of website templates available online, and most are free or can be purchased at an affordable price. These templates also come in a wide variety of designs.
- Speed. Website templates need only minor tweaks and are often up and running in no time.
Cons of Professional Web Designers
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Pros of Professional Web Design
- Customised web design. With a professional and custom built site, you end up with a website that is original and unique to your brand a company will typically look at a plethora of web design components. This is crucial when branding, as it will give site visitors a unique visual to associate with your company and show them what makes your business different from all other competing brands. With a web design firm you receive not only a unique and stunning site, but often constant support as well, so you don't have anything to worry about in the long run. This also means whatever features or updates your brand needs are easy to add implement on your site.
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Overview of Web Design Templates
Overall, web design templates are fast, seemingly easy and cheap, but limit your ability to develop and showcase your brand, and limit the ability to update content as well. If you are on an extremely low budget or simply creating a personal blog then templates are worthy of consideration. However, if you are running an existing business or simply starting out then it is likely better to invest a little more in a website that you can rely on for the long term. Alternatively, looking at templates for inspiration, and then passing along the details to a company is sometimes a decent middle ground for those on a shoe-string budget.
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All Everything Dip
Total Time
Prep 5 mins
Cook 20 mins
This dip can be served hot or cold. This dip is good for chips as well as veggies. Be creative! This can even be used as a "stuffing" for fish.
Ingredients Nutrition
- 1 (8 ounce) bagshredded mozzarella cheese
- 1 (8 ounce) bagshredded sharp cheddar cheese
- 2 cups mayonnaise
- 1 (4 ounce) can green chilies (drained and chopped)
- 1 medium onion (chopped fine)
- Mix all ingredients together in a bowl.
- Place ingredients in a pie dish.
- Bake at 325°F for 20 minutes.
- May serve hot or chilled.


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$5.19Buy an answer
SOC 490 Week 3 DQ 1 Psychological Perspectives on Social Issues
This pack of SOC 490 Week 3 Discussion Question 1 Psychological Perspectives on Social Issues contains:
A large portion of the social science major is dedicated to the study of individual, group, and social psychology. Social psychology examines how the thoughts and behaviors of individual humans are influenced by the thoughts and behaviors of other humans in the various social groups in which they find themselves. Individual psychological theories focus more on individuals and the thoughts and behaviors that they manifest as relatively autonomous individuals. There are numerous theories that orient researchers in both of these fields. In this discussion, please explain a specific subfield of social psychology as well as individual psychology. Then, using the social psychological theory, explain your research population
*** 490 Week * ** * Psychological ************ on ****** ******Attached: SOC-490 Week 3 DQ 1 Psychological Perspectives on Social Issues.zip


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Prices, specials, features and availability subject to change.
Contact for details
Contact for details
This listing was uploaded and marketed by
Mihail Marinov,
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(773) 614-2430.
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Special Event Insurance
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This quote and coverage are provided and serviced by a third party.
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Sept. 7, 2013: For the second time in a week, Winnipeggers rallied in solidarity with the people of Syria and in opposition to a US led attack. After a brief gathering on the steps of the Manitoba Legislature, the demonstrators took to the streets to hand out literature and talk with their fellow Winnipeggers.
. . . → Read More: Paul S. Graham: Video: Winnipeg Peace in Syria Rally


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Today, I spent hours cleaning the kitchen that my slob roommates always neglect. I scrubbed the floor, emptied the fridge, washed all the dishes, etc. When I was done, I was thirsty so I got myself a soda. I opened the can, and it exploded and sprayed everything I had just washed. FML
by LilyL / 06/06/2010 at 5:53pm / United States (Michigan) / Miscellaneous
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Today, while me and my boyfriend were having sex, he moaned out his own name. FML
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Today, finally accepting the fact that the love of my life has moved on, I took myself to a movie, alone, on a Saturday night. After buying the last ticket to a sold out movie and trying to find the only open seat in the dark, I sit down... right next to my ex-best friend AND my ex-fiancé. FML
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Top Definition
A group of three or more cyclists gathering or travelling on a public road.
As used when describing a "Flock of birds", "School of fish", etc
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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March 16, 2011
C.S., A MINOR, ) BY AND THROUGH T. ERIC SURMAN ) AND LAURA SURMAN, HER PARENTS ) AND NATURAL GUARDIANS, AND T. ERIC SURMAN AND ) LAURA SURMAN IN THEIR OWN RIGHT, *FN1 PLAINTIFFS,v.TARGET CORPORATION, AND ) GLORIA SURMAN, DEFENDANTS.*FN2
Once again, Defendant Target Corporation ("Defendant" or "Target") seeks to remove this case from the Court of Common Pleas of Allegheny County based on the doctrine of fraudulent joinder. (Docket No. 1). Target contends that Plaintiffs C.S., Laura and Eric Surman have improperly joined Defendants Gloria Surman, Donna Galetich, John Doe 1 and John Doe 2 in order to defeat this Court"s diversity jurisdiction. (Docket Nos. 1, 8, 9, 12, 15). Plaintiffs have filed a motion requesting that the case be remanded back to the Court of Common Pleas. (Docket No. 7). Plaintiffs" Motion has been exhaustively briefed and oral argument was heard on March 10, 2011. (See Docket Nos. 1, 7, 8, 9, 10, 12, 13, 15). Upon consideration of the parties" positions, and for the following reasons, Plaintiffs" Motion [7] is GRANTED and this matter is REMANDED to the Court of Common Pleas.
Plaintiffs C.S., Laura and Eric Surman are all citizens of Pennsylvania. (Docket No. 1 at ¶ 7). Defendants Gloria Surman, Donna Gaelitch, John Doe 1 and John Doe 2 are also citizens of Pennsylvania. (Docket No. 7-1 at ¶ 3). Target is a citizen of Minnesota because it is a Minnesota corporation with its principal place of business in Minnesota. (Id. at ¶ 8). The parties are not completely diverse, thereby precluding this Court"s exercise of jurisdiction based on diversity of the parties under 28 U.S.C. § 1332(a), absent proof of fraudulent joinder of the non-diverse defendants.*fn3 See 28 U.S.C. § 1332(a) (district courts "have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and, and is between ... citizens of different States."). Plaintiffs allege that C.S., a minor, was injured by a defective brown rectangular trunk manufactured and sold to them by Target.
This is Target"s third attempt to remove the present products liability/negligence case to federal court. (See CA 10-461, Docket No. 1; CA 10-784, Docket No. 1; CA 11-244, Docket No. 1). The first removed action was voluntarily dismissed by Plaintiffs in favor of another state action arising from the same incident. (CA 10-461). The second action added a claim against Defendant Gloria Surman, C.S."s grandmother and frequent babysitter, alleging that her negligence was a proximate cause of C.S."s injuries. (CA 10-784). Target attempted to remove the second action to this Court; Plaintiffs sought a remand. (CA 10-461, Docket Nos. 1, 4). This Court summarily granted Plaintiff"s motion and remanded the case, holding that "this Court lacks subject matter jurisdiction over this case under 28 U.S.C. § 1332 because complete diversity does not exist between the parties and Target has not met its burden to demonstrate that Defendant Gloria Surman has been fraudulently joined, see e.g., In re Briscoe, 448 F.3d 201, 215-16 (3d Cir. 2006); Batoff v. State Farm Ins. Co., 977 F.2d 848 (3d Cir. 1992); Boyer v. Snap-on Tools Corp., 913 F.2d 108 (3d Cir. 1990); Abels v. State Farm Fire & Cas. Co., 770 F.2d 26, 32 (3d Cir. 1985)." (CA 10-784, Docket No. 13).
Shortly after remand, attorneys Maury Nusbaum, Esq. and Craig O"Conner, Esq. entered their appearances on behalf of Gloria Surman in state court. An Amended Complaint was filed by Plaintiffs on September 15, 2010 and Gloria Surman filed an Answer to same on October 28, 2010. (Docket Nos. 1, 1-4, 1-5). Plaintiffs continue to allege that Gloria Surman was negligent; she denies liability and has asserted a cross-claim against Target. (Id.). Discovery including depositions ensued. The depositions of Laura, Eric and Gloria Surman took place on February 1, and 2, 2011. (Docket Nos. 12-1, 12-2, 12-3). Gloria Surman and her attorneys were present for all of the depositions. (Id.). Subsequently, Plaintiffs filed their Second Amended Complaint. Gloria Surman remains a party to the litigation. In fact, the claim against her in Plaintiffs" Amended Complaint has been re-asserted in Plaintiffs" Second Amended Complaint, which remains unchallenged in state court. (Docket No. 7-1; see also G.D. 10-009693).
In its Notice of Removal, subsequent filings, and argument from counsel at the motion hearing, Target contends that the facts presented during the recent depositions demonstrate that Gloria Surman has been fraudulently joined. (Docket No. 1). The Plaintiffs once again dispute this allegation.
Plaintiffs" Second Amended Complaint also adds a negligence claim against three additional Defendants, who are alleged to be Pennsylvania citizens: Donna Galetich, store manager of the Cranberry Target store; John Doe 1, manager of the Toy Department of the Cranberry Target store; and John Doe 2, manager of the Storage and Organization Department of the Cranberry Target store. (Docket No. 7-1). Plaintiffs maintain that these individuals breached a duty of care to Plaintiffs through their marketing of the brown rectangular truck in store displays very near the children"s toy section although the trunk was not suitable for use by children. (Id.). They claim that the location of the display in the store caused Laura Surman to purchase the trunk and use it to store her children"s toys. (Id.).
Ordinarily, a defendant may remove a civil action from state court into federal court only when complete diversity of citizenship exists between the parties and the amount in controversyrequirement has been met. See 28 U.S.C. §§ 1332(a), 1441; In re Briscoe, 448 F.3d 201, 215 (3d Cir. 2006). However, removal of a civil action from state court into federal court can be predicated on fraudulent joinder. In re Briscoe, 448 F.3d at 215-16. "If the district court determines that the joinder was "fraudulent" . . . the court can "disregard, for jurisdictional purposes, the citizenship of certain nondiverse defendants, assume jurisdiction over the case, dismiss the nondiverse defendants, and thereby retain jurisdiction."" Id. at 216 (quoting Mayes v. Rapoport, 198 F.3d 457, 461 (4th Cir. 1999)).
A defendant is fraudulently joined if "there is no reasonable basis in fact or colorable ground supporting the claim against the joined defendant, or no real intention in good faith to prosecute the action against the defendant or seek a joint judgment." Abels v. State Farm Fire & Cas. Co., 770 F.2d 26, 32 (3d Cir. 1985). In order to assert a colorable claim against a non-diverse defendant, the claims cannot be "wholly insubstantial and frivolous." Batoff v. State Farm Ins. Co., 977 F.2d 848, 852 (3d. Cir. 1992). But, ""[i]f there is even a possibility that a state court would find that the complaint states a cause of action against [the non-diverse defendant], the federal court must find that joinder was proper and remand the case to state court."" Boyer v. Snap-on Tools Corp., 913 F.2d 108, 111 (3d Cir. 1990) (quoting Coker v. Amoco Oil Co., 709 F.2d 1433, 1440-41 (11th Cir. 1983)).
In making this determination, "[a] district court must resolve all contested issues of substantive fact in favor of the plaintiff and must resolve any uncertainties as to the current state of controlling substantive law in favor of the plaintiff." Boyer, 913 F.2d at 111. A district court may look beyond the pleadings to determine if jurisdiction is proper but cannot make a decision about the merits of the case because such a decision would "convert[] its jurisdictional inquiry into a motion to dismiss," or a motion for summary judgment. Id. at 111-12. Furthermore, a district court must not consider a plaintiff=s motive for joining a defendant. Abels, 770 F.2d at 32.
In order to determine whether adefendant was fraudulently joined, "[a] district court must "focus on the plaintiff=s complaint at the time the petition for removal was filed. In so ruling, the district court must assume as true all factual allegations of the complaint."" Id. at 851-52 (quoting Steel Valley Author. v. Union Switch & Signal Div., 809 F.2d 1006, 1010 (3d Cir. 1987)). In order to convince this Court that a plaintiff has fraudulently joined a non-diverse party, the defendant must overcome the "heavy burden of persuasion" placed upon defendants. Steel Valley Author. 809 F.2d at 1012. "It is logical that [a defendant] should have this burden, for removal statutes are to be strictly construed against removal and all doubts should be resolved in favor of remand." In re Briscoe, 448 F.3d at 217.
A.Propriety of Third Removal
As noted, this is Target"s third attempt to remove this case and its second attempt to remove it relying on the doctrine of fraudulent joinder. Plaintiffs argue that the present removal is procedurally improper given that the Court"s prior remand order rejected Target"s fraudulent joinder theory as to the addition of Gloria Surman as a defendant. (Docket Nos. 7, 8, 13). In response, Target maintains that Third Circuit precedent permits subsequent removal given the present circumstances. (Docket Nos. 9, 12, 15). Indeed, the Court of Appeals has recognized that "the removal statute, 28 U.S.C. §§ 1441-52, does not categorically prohibit the filing of a second removal petition following remand," and, has noted that ""[i]f subsequent pleadings or conduct by the parties or various other circumstances brings a case that was not previously removable within the removal jurisdiction of the federal courts, a second notice of removal is permissible." In re Diet Drugs, 283 F.3d 220, n.8 (3d Cir. 2002) (citing Doe v. Am. Red Cross, 14 F.3d 196, 200 (3d Cir. 1993) and quoting 14C Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure § 3739, 495-96 (3d ed.1998)). Thus, the mere fact that a second (or third) notice of removal is filed does not appear to be dispositive.
As Plaintiffs point out, however, section 1447(d) provides that "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise". 28 U.S.C. § 1447(d). This section generally precludes both a district court from reconsidering a remand order, see Lee v. Carter-Reed Co., LLC, Civ. A. No. 06-cv-1173, 2007 WL 81893, at *2 (D.N.J. Jan 9, 2007), and the Court of Appeals from reviewing a remand order on appeal, see Ariel Land Owners, Inc. v. Dring, 351 F.3d 611, 613 (3d Cir. 2003). Here, Target filed a notice of removal alleging fraudulent joinder and the Court granted Plaintiffs" motion to remand, finding that Target had not met its burden to show that Gloria Surman was fraudulently joined. (CA 10-784, Docket No. 1). Then, after the Court"s remand order was issued, Target neither challenged it in a motion for reconsideration nor via an appeal to the United States Court of Appeals for the Third Circuit. (See generally, CA 10-784). Instead, Target took discovery in state court in an attempt to develop a record supporting its earlier claim of fraudulent joinder and then filed another notice of removal based on the same theory but relying on a larger factual record.
Target relies on Doe v. American Red Cross in support of its removal strategy. Admittedly, in Doe, the Court of Appeals stated that section 1447(d) does not preclude a subsequent removal if it is not based on the same grounds as the first petition. Doe, 14 F.3d at 200. There, the district court rejected the Red Cross"s argument in its first petition for removal that its congressional charter conferred original jurisdiction in the federal courts. Id. In the interim, the Supreme Court held the opposite in a different case, American National Red Cross v. S.G., 505 U.S. 247 (1992). The Red Cross removed the case again, citing the Supreme Court"s decision as authority for the second removal. Doe, 14 F.3d at 200. The Court of Appeals found that the Red Cross"s reliance on an intervening decision by the "highest court in the land" was not rehashing its original argument but advancing new and different grounds supporting removal. Id. In contrast, this case involves ordinary state law claims and Target has essentially advanced the same argument which was previously presented to the Court, i.e., that Gloria Surman has been fraudulently joined to defeat diversity jurisdiction. (Docket No. 1). Its current fraudulent joinder argument is simply repackaged to include additional factual evidence, which, as will be discussed below, does not support its position.
B.Fraudulent Joinder
Target"s argument as to the fraudulent joinder of Gloria Surman is essentially two-fold:
(1) that the facts adduced through the deposition testimony on which it relies preclude any finding that Mrs. Surman owed a duty to her granddaughter and, thus, she could not be found negligent; and (2) that the procedural history of this and the related state and federal court cases as well as certain objections raised by Plaintiffs" counsel during the depositions present sufficient evidence that the claim against Mrs. Surman will not be prosecuted in good faith. (Docket Nos. 1, 9, 12, 15). Target also contends that the recently filed Second Amended Complaint alleging claims against the non-diverse employee-defendants is a legal nullity and should be given no effect in determining whether its removal is proper. (Id.). After considering the parties" arguments and reviewing the entire record including all three of the previously referenced depositions, this Court finds that Target has not met its "heavy burden" of persuasion to demonstrate that the non-diverse defendants have been fraudulently joined.
i. Gloria Surman
With respect to the negligence claims against Gloria Surman, Pennsylvania law clearly permits a claim to be asserted against a babysitter including a grandparent for negligence based on an alleged failure to render baby-sitting services and/or to supervise an infant child. See RESTATEMENT (SECOND) OF TORTS §§ 316, 323 (1965); Erie Insurance Exchange v. Muff, 851A.2d 919 (Pa. Super. Ct. 2004); Berrier v. Simplicity Corp., 413 F.Supp.2d 431, 449-51 (E.D.Pa. Jun. 29, 2005), vacated on other grounds, 563 F.3d 38 (3d Cir. 2009). Plaintiffs" Amended Complaint and Second Amended Complaint*fn4 plainly state a colorable claim of negligence against Gloria Surman under this precedent.*fn5 (Docket Nos. 1-4, 7-1). Yet, Target suggests that the deposition testimony of Eric, Laura and Gloria Surman demonstrates that Gloria Surman did not owe a duty to her granddaughter. (Docket No. 10). In particular, Target highlights that Gloria testified that her duties as babysitter for the children did not commence until Laura exited the home. (See Docket No. 12-3, at 6, Deposition p. 18). *fn6
This Court is precluded from conducting a dispositive inquiry in order to determine the liability, if any, of Gloria Surman. In fact, the Court need not delve deeply into facts supporting and/or disproving the negligence claim here. Boyer, 913 F.2d at 111-12. But, in this Court"s estimation, Target takes an extremely narrow view of the duty potentially owed by Gloria Surman to her granddaughter in this case. It is not necessarily limited by the verbal agreement between Laura and Gloria Surman, as expressed by Gloria Surman in her testimony.*fn7 See Berrier, 413 F.Supp.2d at 449-51 (discussing a negligent supervision claim under Pennsylvania law).
Target also ignores disputed evidence in the record which bears on the duty, if any, owed by Gloria Surman. (See Docket Nos. 12-1, 12-2, 12-3). For example, it is unclear from the record before this Court where Laura was located during the "changing of the guard" from Laura to Gloria. Gloria admitted that Laura may have been upstairs during some of this time. (Docket No. 12-3, at 26, Deposition p. 98). Laura testified that she would have likely walked upstairs to shut off lights before exiting the home. (Docket No. 12-1 at 44-45, Deposition at 170-75). Given these circumstances, a court could find that Laura had entrusted her children to Gloriawhile she was upstairs. Hence, Gloria may have had a legal duty to supervise C.S. even though Laura remained in the home at the time of C.S."s injuries. See RESTATEMENT (SECOND) OF TORTS §§ 316, 323 (1965). In fact, one could argue that both Laura and Gloria may have had a legal duty to supervise or care for C.S. under these circumstances. Id. Therefore, the Court finds that there is a "possibility" that a state court would conclude that the present facts support a colorable claim of negligence against Gloria Surman under the theories advanced by Plaintiffs. See Boyer, 913 F.2d at 111.
Target alternatively argues that the procedural history of this case and certain objections raised by Plaintiffs" counsel during the depositions of Laura, Eric and Gloria Surman infer that the claim against Gloria will not be prosecuted in good faith. (Docket No. 10 at 10-19). The Court disagrees with Target"s position based on the evidence before it.
In support of this position, Target relies on the fact that Eric Surman testified that he did not have a factual basis to support the claim against his mother; that each of the Surmans testified that they maintain a good relationship with one another; and, that Gloria continues to baby-sit for the children. (Docket No. 12-2 at deposition pp. 44-5, 47-8, 49-50, 52, 55; 12-1 at deposition pp. 213, 216-17; Docket No. 12-3 at deposition pp. 72-75 ). However, as Plaintiffs point out in their response, Target"s reliance on Eric"s negative response to the question of whether he had a factual basis for the claim against his mother does not support its position because Eric was not present at the house when the accident involving his daughter occurred. (See Docket No. 13). He was at work. Thus, he could not personally offer any facts concerning the occurrence itself supporting the claim against Gloria Surman. (Id.).
The Court also notes, as it did at oral argument, that C.S. is one of the plaintiffs in this action. Her parents are prosecuting the claims against Gloria Surman on her behalf and in their own right. Whether the family relationships are or are not disrupted, in this Court"s estimation, has little to do with whether there is or is not a viable claim against Gloria Surman by C.S. and her parents.
Target also complains that Plaintiffs" counsel objected to questioning during their depositions about his clients" reasons for instituting the case against Gloria Surman. (Docket No. 10 at 10-19). The Court notes that defense counsel admitted during the motion hearing that Target did not move to compel answers to the deposition questions in state court prior to bringing its third notice of removal. However, in this Court"s view, the objections may have been appropriate given that the questioning would likely evince responses encompassing the legal strategies recommended by Plaintiffs" counsel to his clients. See Gillard v. AIG Ins. Co., -- A.3d ----, 2011 WL 650662, at *10 (Pa. Feb. 23, 2011) ("We hold that, in Pennsylvania, the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney or attorney-to-client communications made for the purpose of obtaining or providing professional legal advice.").
In sum, the Court finds that Target has again failed to meet its burden to demonstrate that Gloria Surman was fraudulently joined. Accordingly, as the parties are not completely diverse, this Court lacks jurisdiction and the matter must be remanded to state court. See 28 U.S.C. § 1332(a) (district courts "have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and, and is between ... citizens of different States."); Zambelli Fireworks Mfg. Co., Inc. v. Wood, 592 F.3d 412, 419 (3d Cir. 2010) ("Complete diversity requires that, in cases with multiple plaintiffs or multiple defendants, no plaintiff be a citizen of the same state as any defendant.").
ii. Employee-Defendants
Even if this Court found Target"s arguments as to the alleged improper joinder of Gloria Surman convincing, Target would also have to demonstrate that the Target employees added as Defendants, Donna Gaelitch, John Doe 1, and John Doe 2, were fraudulently joined in Plaintiffs" Second Amended Complaint. Once again, Target cannot meet its heavy burden to demonstrate fraudulent joinder of these defendants.
Initially, Target contests the validity of the Second Amended Complaint as being procedurally improper under the state court rules. (Docket No. 10 at 7-9). Again, given the legal standard on a motion to remand, this Court need not resolve this procedural dispute. Instead, the Court need only determine if a state court would "possibly" entertain the negligence claims against these defendants. See Boyer, 913 F.2d at 111.
As to Target"s argument that their Second Amended Complaint is improper, the Court finds that Pennsylvania courts have held that a failure to object to a pleading under Rule 1033 can be waived. See Vetenshtein ex rel. Vetenshtein v. City of Philadelphia, 755 A.2d 62, 67 (Pa.Cmmwlth.Ct. 2000) ("neither obtaining leave of court or obtaining the filed consent of the defendant involves a matter of jurisdiction and can be waived by failure of opposing counsel to file preliminary objections for failure of the amended complaint to conform to the rules of court."). Target has not objected to the Second Amended Complaint in state court.*fn8 Therefore, it is possible that the state court would entertain the suit against the employee-defendants, despite the alleged procedural defect.
Pennsylvania law also permits a cause of action for negligence against a manager or corporate official arising from alleged misfeasance by that individual. See Brooks v. Harley-Davidson Motor Co., Civil Action No. 08-4318, 2009 WL 2707558 (E.D.Pa. Aug. 24, 2009); Rubino v. Genuardi's Inc., 10-6078, 2011 WL 344081, at *3-5 (E.D. Pa. Jan. 31, 2011). Here, Plaintiffs allege that the managers had a duty to warn customers of alleged defects in the trunk including that it was unsafe for use by children but that they breached the duty by placing the trunk near the toy section of the store and by not providing any warnings of the danger posed by the trunk to customers, including Laura Surman. (See Docket No. 7-1). Accepting the allegations in the Second Amended Complaint as true and resolving all factual and legal questions in Plaintiffs" favor, Target cannot meet its heavy burden to demonstrate to this Court that the negligence claims against the employee-defendants are wholly insubstantial or frivolous, as is required, to find that they were fraudulently joined.
For these reasons, Plaintiffs" motion to remand [7] is granted.
C.Attorneys' Fees and Costs
Plaintiffs have requested attorneys" fees and costs under 28 U.S.C. § 1447(c) for defending against the improper removal. (Docket No. 13). However, they have not presented the Court with any evidence substantiating their request for attorneys" fees and costs. Instead, the request was made in their reply brief rather than in a separately filed motion as is required by the Local Rules and this Court"s Practices and Procedures. See LCvR 7.D; Practices & Procedures of Judge Nora Barry Fischer, at §§ II.K, VI.A, available at: http://www.pawd.uscourts.gov/Documents/Judge/fischer_pp.pdf (effective 3/23/10). And, despite substantial briefing and lengthy argument, Target has not specifically responded to Plaintiffs" request for attorneys" fees and costs.
Although this case is remanded to the Court of Common Pleas, this Court may retain jurisdiction over a request for fees under 28 U.S.C. § 1447(c). See Siebert v. Northwest Bank Mn., 166 Fed.Appx. 603, 606 (3d Cir. 2006). Accordingly, the Court denies Plaintiffs" request for attorneys" fees and costs, without prejudice. To the extent that Plaintiffs continue to seek attorneys" fees and costs, Plaintiffs shall file a motion in support of same on or before March 31, 2011.
Based on the foregoing, Plaintiffs" motion to remand [7] is granted. To the extent
Plaintiffs request attorneys" fees and costs for defending against the improper removal, Plaintiffs shall file their motion on or before March 31, 2011. An appropriate Order follows.
s/Nora Barry Fischer
cc/ecf: All counsel of record
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decided: January 30, 1969.
FRANK G. GRECOv.BUCCICONI ENGINEERING CO., INC., A CORPORATION, APPELLANT, V. WEAN ENGINEERING COMPANY, INC., AND JONES & LAUGHLIN STEEL CORPORATION. FRANK G. GRECO V. WEAN ENGINEERING CO., INC., A CORPORATION, APPELLANT, V. BUCCICONI ENGINEERING CO., INC. AND JONES & LAUGHLIN STEEL CORPORATION. FRANK G. GRECO V. WEAN ENGINEERING CO., INC., A CORPORATION V. BUCCICONI ENGINEERING CO., INC. AND JONES & LAUGHLIN STEEL CORP. BUCCICONI ENGINEERING CO., INC., APPELLANT
McLaughlin, Staley and Van Dusen, Circuit Judges.
Opinion OF THE COURT
STALEY, Circuit Judge.
Plaintiff-appellee, Frank G. Greco, an employee of the Jones & Laughlin Steel Corporation (hereinafter "J. & L.") suffered serious personal injuries when a magnetic sheet piler malfunctioned at the J. & L. Pittsburgh mill. He brought this diversity action for compensatory damages against the Bucciconi Engineering Company (hereinafter "Bucciconi"), the manufacturer of the piler, and Wean Engineering Company (hereinafter "Wean"), the ultimate seller. J. & L. was joined as a third-party defendant in the district court.
Applying Pennsylvania law, the district court dismissed appellee's allegations of negligence against Bucciconi and Wean and charged the jury on the basis of strict liability in tort (Restatement (Second) of Torts § 402A (1965)).*fn1 The jury returned verdicts for appellee against Wean and Bucciconi, and in its answer to a special interrogatory, the jury found that J. & L. was negligent and that this negligence was a proximate cause of appellee's injury.
Following the verdicts, Bucciconi and Wean each filed post trial motions, and with the exception of one point not material here, the district court denied these motions and entered judgments in favor of appellee against Wean and Bucciconi. A judgment of indemnity was also entered in favor of Wean against Bucciconi. From the entry of these judgments Wean and Bucciconi now appeal.*fn2
The piler in question was delivered to J. & L. in three sections and assembled by J. & L. employees. Its function in J. & L.'s new sheet coating line was to collect and pile sheet metal in preparation for shipment to J. & L.'s customers. Sheets of steel came into the piler by means of an overhead magnetic conveyor. Magnets in the conveyor would deactivate when the sheets were directly over the piling area and the sheets would drop between parallel side guides and end stops onto a lift or hoist which was lowered by an operator after a certain number of sheets had settled on it. When this hoist was being lowered to carry the piled sheets to a conveyor system, two strips of metal called "fingers" would protrude from the side guides of the piler to catch and hold the newly arriving steel sheets. When the hoist returned, the fingers would retract into the side guides of the piler, and those sheets that had been collected by the fingers would settle onto the hoist.
Soon after the piler went into operation its fingers began to retract erratically without activation from the operator at the control panel. Four days prior to appellee's injury, J. & L. inserted two "pins" in the fingers in an attempt to prevent this retraction and the resultant spilling of the steel sheets to the floor. Neither appellee nor the other employees were instructed in the use of these pins. It was appellee's belief, based upon his limited experience with the pins during the short time they were in use, that the fingers could not malfunction as long as one of the pins remained inserted; he was not told otherwise. On the day of the accident, with one pin in and the other out, appellee reached beneath the sheet-catching fingers to straighten and center wrapping paper on the hoist as it rose to collect a new pile of steel; without any activation from the control panel, one of the fingers retracted causing the sheets above to tumble down atop appellee's outstretched hand.
Section 402A of the Restatement (Second) of Torts, provides:
"(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
"(a) the seller is engaged in the business of selling such a product, and
"(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
"(2) The rule * * * applies although
"(a) the seller has exercised all possible care in the preparation and sale of his product, and
"(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller."
Since appellee did not introduce substantial evidence relevant to appellants' negligence in the manufacture or design of the piler, we must first determine whether it is the law of Pennsylvania, as appellee asserts, that a plaintiff in a strict liability case can establish a "defective condition" within the meaning of Section 402A by proving that the product functioned improperly in the absence of abnormal use and reasonable secondary causes.*fn3 That this is the law appears evident from the Pennsylvania Supreme Court's decision in Bialek v. Pittsburgh Brewing Co., 430 Pa. 176, 242 A.2d 231 (1968). There, the plaintiff brought suit under Section 402A for personal injuries suffered when a bottle allegedly exploded in his hand. He denied causing the explosion by striking the bottle in any way, and he attempted to present expert testimony concerning the cause of the explosion. The court held that such testimony was proper, albeit unnecessary, since "both plaintiff and Leon Dorsey testified that the bottle exploded spontaneously. Their testimony alone, given the fact that an explosion was not a physical impossibility, was sufficient to make the issue a jury question. * * *"*fn4 430 Pa. at 184, 242 A.2d at 235. In granting plaintiff a new trial in Bialek, the court stated:
"* * * the trial court should clearly instruct [the jury] * * * that plaintiff is not required to prove that the defendants were negligent, that the defendants can be liable even if they exercised all possible care and that no consideration should be given to negligence." 430 Pa. at 185, 242 A.2d at 235.
Bucciconi vigorously contends that appellee failed to sustain his burden of showing the existence of a defect at the time of sale.*fn5 The test we must apply is whether reasonable and well balanced minds would be satisfied from the evidence adduced that the defective condition existed when the machine was delivered. Forry v. Gulf Oil Corp., 428 Pa. 334, 350, 237 A.2d 593, 597 (1968); Knapp v. Willys-Ardmore, Inc., 174 Pa.Super. 90, 100 A.2d 105 (1953); Ebbert v. Philadelphia Electric Co., 126 Pa.Super. 351, 191 A. 384 (1937), aff'd, 330 Pa. 257, 198 A. 323 (1938). The record discloses that four J. & L. employees testified that they had personally observed the piler malfunction. One of the employees, Victor H. Santoro, who was assigned to operate the piler a week after it was put into operation, testified that there were a "lot of bugs in the machine then, and we were running slow." One of these "bugs" was a malfunction of the fingers. Santoro stated that after the line had started into operation the fingers began releasing on their own without any activation from the control panel; and this happened often. Appellee was injured approximately six months after the piler began operating. Santoro was operating the piler on the day of the mishap and he denied causing the sheets to fall by activating the fingers. He stated that he looked at the control panel after the sheets had fallen on appellee's hand, and the switches indicated that the fingers were extended rather than retracted.
Another employee, Eugene W. Zortea, who was also present when appellee was injured, stated that a malfunction in the piler caused the sheets to fall on Greco's hand. He further testified that for approximately six months he had been telling the various foremen on that shift that someone was going to get hurt because of the sheets dropping from the piler. This testimony (as well as that of the other employees), if believed, would certainly permit the inference that the piler malfunctioned from the beginning, since the piler was only in operation for about six months prior to the accident. On the basis of the uncontradicted testimony of the J. & L. employees and in light of the Pennsylvania Supreme Court's holding in Bialek, supra, we think there was indeed sufficient evidence to satisfy reasonable and well balanced minds that a defect existed at the time of sale. We also think that there was ample evidence for the jury to find that the piler was not abnormally used,*fn6 and that appellee negated all reasonable causes for the malfunction, except manufacturing defect.*fn7
It is our opinion, too, that the purported "changes" in the piler by J. & L. employees were not intervening superseding causes relieving appellants of liability. Restatement (Second) of Torts § 402A, comment q at 358 (1965), suggests "that where there is no change in the component part itself, but it is merely incorporated into something larger, the strict liability will be found to carry through to the ultimate user or consumer." In the instant case, the piler was shipped to J. & L. in three sections and assembled by J. & L. employees. There is absolutely no evidence that the piler was changed in any way by J. & L. upon assemblage. Concededly, the piler was changed to a small extent when J. & L. inserted pins in the fingers, but this alteration came about because of a defect attributable to appellants. And it was this very defect, namely, the releasing of the fingers without activation, not the insertion of the pins, that caused the amputation of appellee's fingers.
Following oral argument of this appeal, the Pennsylvania Supreme Court decided the case of Bartkewich v. Billinger, 432 Pa. 351, 247 A.2d 603, March Term (1968). Plaintiff in that case, an experienced glass factory worker, injured his hand when he reached into a glass stacking machine to remove a piece of glass. Proceeding against the manufacturer under Section 402A, plaintiff, relying upon testimony of safety experts, argued that the machine was defectively designed because, among other things, it did not contain guards to prevent workers from putting their hands into the machine. The jury returned a verdict for plaintiff, but the Pennsylvania Supreme Court reversed, holding that plaintiff had voluntarily assumed the risk as a matter of law.*fn8 The court refused to impose an obligation upon the manufacturer to design its machine to keep workers' hands out, and stated that the manufacturer was entitled to rely upon the belief that its machine would be used in the usual manner.
Appellee in the instant action also presented expert testimony (over timely objection) that the machine was defectively designed, and we can reasonably assume that appellants would argue that this appeal is controlled by the Bartkewich decision. We, however, think the two cases distinguishable. In the first place, plaintiff in Bartkewich was not injured because of a misoperation of the machine, such as here. Secondly, the court in Bartkewich relieved the manufacturer of liability because the plaintiff assumed an abnormal, unanticipated work position when he reached into the machine with knowledge that the danger existed at that time. Here, however, the evidence permits the inference that the manufacturer knew that employees would have to reach under the fingers of the piler to properly perform their job. Indeed, an engineer and officer of Bucciconi, V. S. Bucciconi, as much as admitted this when asked to give his opinion about the efficacy of placing a guard in the area that appellee worked. He answered that a guard would not be of much value because if an employee had to straighten paper on the skids he would "have to reach through or under or remove the guard to do that." Furthermore, in its erection and instruction manual for the piler, Bucciconi states that "skids must be placed properly on the machine," and after the skids are loaded with steel and lowered, an employee "must then place on a new set of skids -- making sure they are well centered and that they will move up between the fingers." Testimony of J. & L. employees established that it was impossible to center the skids automatically; the centering had to be done by an employee who went beneath the fingers and then signaled the operator that the skids were properly positioned. Uncontradicted testimony also established that this was the normal practice of centering the skids at the J. & L. mill and that the company's foremen expected the employees to go beneath the fingers. It is true, of course, that appellee had been present on previous occasions when the machine malfunctioned; however, he said that he had never seen the sheets spill with one pin in and the other out. Inasmuch as appellee had never been instructed in the use of the pins, we are unable to say on the facts before us that he assumed the risk as a matter of law. Compare Ferraro v. Ford Motor Co., 423 Pa. 324, 223 A.2d 746 (1966), with Walsh v. Miehle-Goss-Dexter, Inc., 378 F.2d 409 (C.A.3, 1967). We think it was the province of the jury to weigh appellee's credibility and to decide whether it was reasonable for him to assume that the sheets would not fall with one pin inserted. These questions of fact were resolved by the jury in favor of appellee, and we will abide by the verdict.
As for the expert testimony concerning the need for a rear guard on the piler, we note that the district court in its charge to the jury did not once refer to the safety expert's opinion, nor did it instruct the jury to consider whether the absence of a rear guard constituted a defective condition. Rather, the court summarized in a comprehensive and detailed manner the various contentions of the parties regarding the malfunctioning of the fingers, and then instructed the jury to determine from the evidence whether the machine was in a defective condition when sold. The jury found that it was, and we think, as did the Pennsylvania Supreme Court in Bialek, that the expert testimony was superfluous. Since there is ample evidence in the record to support a finding that the errant fingers constituted the defective condition, the judgments in favor of appellee can and will be sustained solely on that basis. See Jaffke v. Dunham, 352 U.S. 280, 77 S. Ct. 307, 1 L. Ed. 2d 314 (1957).
Lastly, Bucciconi contends that the district court erred in granting a judgment of indemnity against it and in favor of Wean. With this we cannot agree. The evidence reveals that Wean was the "supplier" of the machinery for J. & L.'s sheet coating line; acting in that capacity, Wean paid Bucciconi for the piler and subsequently passed title to J. & L. in consideration for the purchase price. Wean, however, never took physical possession of the piler. Bucciconi shipped it directly to J. & L.'s mill where it was assembled by J. & L. employees. Because Wean never handled the piler, the jury's verdict indicating the machine was defective when sold necessarily related to the first sale from Bucciconi to Wean, as well as the subsequent sale. And since the piler was obviously unfit for the purpose for which it was sold, the district court correctly held that Wean should be indemnified for breach of Bucciconi's warranty of merchantability. Cf. Tromza v. Tecumseh Products Co., 378 F.2d 601 (C.A.3, 1967). See Prosser, The Fall of the Citadel (Strict Liability to the Consumer), 50 Minn.L.Rev. 791, 848 (1966); Wade, Strict Liability of Manufacturers, 19 Sw.L.J. 5, 24 (1965).
We have carefully considered the remaining contentions raised by the respective parties, and we have concluded that the district court did not err in its disposition of these actions. Accordingly, the judgments of the district court will be affirmed.
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Zoom in on images of the latest designer watches and luxury jewellery, plus unique wedding bands, unusual engagement rings, celebrities and more.
Close up of the Piaget 1971 wrist watch in yellow gold with turquoise dial and lapis lazuli and turqouise bead bracelet with Piaget hand wound 6N movement. Piaget Private Collection.
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Google is doing their part in protesting SOPA today by blacking-out their Google doodle on Google.com. They have also set up a microsite that contains information about SOPA and a petition/update sign-up form to add your name to the rest of the anti-PIPA/SOPA community.
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Equip yourself for adventure.
General Creative Director: Nicolás Hollander
Creative Directors: Gil Blancafort
Art Directors: Gil Blancafort, Javier Verdú
Photographer: Cris Laurent
The visual impact that the piece presents leads immediately to seek the mark, being that this is in a place estratéico. Very good
Javier Aldabalde
It's so close to being really good. Right now it says It's a storm inside the jacket." If the image was reversed, and it was a sunny day and the sliver being zipped out was a storm it would say "Put the jacket on and zip it up for instant warm weather." which is what I think they were going for.
I think they must have worked really hard on these because sometimes when you've had your face two inches from something for a while you can no longer tell how it is going to be read.
Just my thoughts
The zip's on the same side as the storm. Surely this says "bad weather outside your jacket, good weather inside." I don't get what's not to get.
Maybe it's just me, but those stitches and the tag on the side are pretty distracting, even to the point of confusing the main visual (because they usually go inside the jacket.)
The AD did a marvelous job of putting things together, but it feels he tried a little too hard.
Simple line and the logo at the bottom would've worked just fine for me.
i like the visual, but i don't think it works probably with the concept
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