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April 28, 2010
IRA FINGLESv.CONTINENTAL CASUALTY COMPANY
On July 31, 2008, plaintiff Ira Fingles, the executor of the estate of Herbert Fingles, initiated this lawsuit in the Philadelphia County Court of Common Pleas. His five-count complaint alleged misconduct by defendant, Continental Casualty Company, with respect to its handling of an insurance agreement between Herbert Fingles and Continental.*fn1 On December 23, 2008, the case was removed to this Court.*fn2 On December 29, 2008, Continental moved to dismiss counts III and V of the complaint. Presently before me are Continental's motion to dismiss counts III and V of plaintiff's complaint, plaintiff's response and Continental's reply. For the following reasons, I will grant in part and deny in part the motion.
Herbert Fingles entered into a long-term care insurance policy with Continental Casualty Company on October 30, 1996. On September 10, 2003, Fingles underwent triple bypass surgery. During the surgery, he suffered anoxic encephalopathy--brain damage resulting from oxygen deprivation. Following the surgery, he received several weeks of treatment at Magee v. Rehabilitation Hospital. Upon discharge from Magee, Fingles was unable to care for himself so he hired Mabel Barclay, a certified nursing assistant, to provide in-home care. On May 22, 2004, he submitted claims to Continental requesting payment for Barclay's services. Continental denied the request because Barclay was not affiliated with a licensed home health care agency as defined in Fingles's policy.
Because his claim was denied, Fingles moved into an assisted living facility on July 15, 2004. On September 22, 2004, he submitted a claim to Continental requesting payment for the assisted living facility. Continental informed Fingles that his claim could not be processed because several of the necessary forms were missing. Fingles repeatedly requested that Continental specify which forms were missing and send such forms to him, but never received the requested clarification or the forms themselves. Fingles ultimately withdrew the September 22, 2004 claim.
In May 2005, Fingles submitted a third claim to Continental. Because of his prior frustration with the claims process, he requested that any missing forms be forwarded to him within one week. Continental again refused to pay the claim, questioning for the first time whether Fingles actually needed the care he received.
In September 2005, Continental sent a nurse to perform an in-home assessment of Fingles's need for the care that he had been receiving. After reviewing the nurse's report, Continental determined that Fingles was eligible for the care he had been receiving. In December 2005, however, Continental informed Fingles that his coverage had been terminated in February 2004 because he had missed a premium payment. Continental sent no notice of the missed premium payment to Fingles prior to terminating his coverage and, indeed, until December 2005, Fingles had received no notice of the termination of coverage.
Despite the missed premium payment, Continental twice informed Fingles that his coverage would be reinstated if he paid the past-due amount. Fingles died on January 7, 2006. Ten days later, plaintiff remitted $10,603.44 to Continental to reinstate the coverage. Continental then requested supplemental information, which plaintiff provided. On June 5, 2006, Continental issued a partial payment of $11,090.00 on the claim. It denied the remainder of Fingles's claim.
The documents plaintiff has attached to his complaint reveal a plethora of correspondence between Continental and Fingles or plaintiff. At least five times during this process, Fingles requested copies of all documents in Continental's possession that related to Fingles. He never received the requested documents. Additionally, on December 5, 2005, Fingles requested that Continental cease sending correspondence directly to him and instead forward all correspondence to his attorney. Continental never honored that request.
Federal Rule of Civil Procedure 12(b)(6) permits a court to dismiss all or part of an action for "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). Typically, "a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations," though plaintiff's obligation to state the grounds of entitlement to relief "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all of the allegations in the complaint are true (even if doubtful in fact)." Id. (citations omitted). The complaint must state "'enough facts to raise a reasonable expectation that discovery will reveal evidence of' the necessary element." Wilkerson v. New Media Tech. Charter School Inc., 522 F.3d 315, 321 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556). The Court of Appeals has recently made clear that after Ashcroft v. Iqbal, --- U.S. ---, 129 S.Ct. 1937, 1955, 173 L.Ed. 2d 868 (2009), "conclusory or 'bare-bones' allegations will no longer survive a motion to dismiss: 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.' To prevent dismissal, all civil complaints must now set out 'sufficient factual matter' to show that the claim is facially plausible." Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (quoting Iqbal, 129 S.Ct. at 1949). The Court also set forth a two part-analysis for reviewing motions to dismiss in light of Twombly and Iqbal: "First, the factual and legal elements of a claim should be separated. The District Court must accept all of the complaint's well-pleaded facts as true, but may disregard any legal conclusions. Second, a District Court must then determine whether the facts alleged in the complaint are sufficient to show that the plaintiff has a 'plausible claim for relief.'" Id. at 210-11 (quoting Iqbal, 129 S.Ct. at 1950). The Court explained, "a complaint must do more than allege the plaintiff's entitlement to relief. A complaint has to 'show' such an entitlement with its facts." Id. (citing Phillips v. County of Allegheny, 515 F.3d 224, 234-35 (3d Cir. 2008)). "Where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged--but it has not 'show[n]'--'that the pleader is entitled to relief.'" Iqbal, 129 S.Ct. at 1949.
Continental moves to dismiss count III (common law insurance bad faith) and count V (UTPCPL violation) of the complaint. It argues that count III should be dismissed because Pennsylvania law does not recognize a common law remedy for bad faith conduct by an insurer independent of a breach of contract claim. It argues that count V should be dismissed because Continental's alleged failure to pay benefits constitutes nonfeasance, which is not actionable under the UTPCPL, and because plaintiff has not adequately alleged the elements of fraud. Each argument will be discussed in turn.
I. Count III Will Be Dismissed Because the Common Law Bad Faith Claim is Subsumed by the Breach of Contract Claim
Continental argues that count III of the complaint, which alleges a common law bad faith claim, must be dismissed because it is subsumed by the breach of contract claim set forth in count II. Plaintiff argues that I should deny the motion to dismiss because Pennsylvania law recognizes two species of bad faith claims--one sounding in contract and the other sounding in tort under 42 Pa. Cons. Stat. Ann. § 8371. I agree with Continental.
As correctly noted by plaintiff, bad faith claims can arise under tort law as well as under contract law. Continental does not dispute this conclusion. See Def.'s Reply at 2-3. Pennsylvania Courts have consistently held, however, that a bad faith claim sounding in contract is subsumed within a breach of contract claim.*fn3 See, e.g., LSI Title Agency, Inc. v. Evaluation Servs., Inc., 951 A.2d 384, 392 (Pa. Super. Ct. 2008) ("Having determined that . . . the claim for breach of the implied covenant of good faith and fair dealing is subsumed in a breach of contract claim, we conclude that the trial court correctly granted LSI's motion for judgment on the pleadings . . . ."); JHE, Inc. v. Southeastern Pennsylvania Transp. Auth., No. 1790, 2002 WL 1018941, at *5 (Pa. Com. Pl. May 17, 2002) ("After reviewing the relevant decisions, this Court concludes that the implied covenant of good faith does not allow for a claim separate and distinct from a breach of contract claim.") (emphasis in original); see also Meyer v. CUNA Mut. Group, No. 03-602, 2007 WL 2907276, at *14 (W.D. Pa. Sept. 28, 2007) ("A party is generally precluded from maintaining a claim for the breach of the implied duty of good faith and fair dealing separate and distinct from the underlying breach of contract claim."); In re K-Dur Antitrust Litigation, 338 F. Supp. 2d 517, 549 (D.N.J. 2004) ("Although Pennsylvania imposes a duty of good faith and fair dealing on each party in the performance of contracts, there is no separate cause of action for breach of these duties under Pennsylvania law.") (internal citations omitted). In other words, "a claim arising from a breach of the covenant of good faith must be prosecuted as a breach of contract claim, as the covenant does nothing more than imply certain obligations into the contract itself." Northview Motors, Inc. v. Chrysler Motors Corp., 227 F.3d 78, 91 (3d Cir. 2000). Counts II and III of the complaint are therefore duplicative and count III will be dismissed.
The cases cited by plaintiff do not alter this conclusion. Most of those cases stand for the herein-undisputed proposition that a bad faith claim may, in certain cases, be pursued under both tort and contract law. See, e.g., Birth Ctr. v. St. Paul Cos., Inc., 787 A.2d 376, 409 (Pa. 2001) (Nigro, J., concurring) ("I believe that the law in this Commonwealth establishes that there are two separate "bad faith" claims that an insured can bring against an insurer-a contract claim for breach of the implied contractual duty to act in good faith, and a statutory bad faith tort claim sounding in tort under 42 Pa.C.S. § 8371."). None of the cases cited by plaintiff, however, establish a right to bring a free-standing bad faith claim based on a contract in addition to a breach of contract claim, as plaintiff attempts to do here.*fn4 As discussed supra, no such right exists in Pennsylvania.*fn5
II. Count V Will Be Partially Dismissed Because Plaintiff Has Not Met the Heightened Requirement for Pleading Fraud
Continental argues that count V of the complaint, which alleges violations of the UTPCPL, should be dismissed for two reasons: first, because Continental's alleged wrongdoing in this case constituted mere nonfeasance which is not actionable under the statute; and second, because plaintiff has not met his burden of pleading common law fraud as required under UTPCPL. Plaintiff argues that Continental's actions rose to the level of malfeasance, which is actionable under the statute, and that he has met the pleading requirements. With respect to Continental's first argument, I find that plaintiff has alleged malfeasance. With respect to Continental's second argument, I find that plaintiff has not sufficiently alleged fraudulent conduct on the part of Continental, but has alleged deceptive conduct. Each conclusion is discussed more fully infra.
A. The Allegations in the Complaint Constitute Actionable Malfeasance
The UTPCPL is "designed to protect the public from fraud and deceptive business practices." See Gardner v. State Farm Fire & Cas. Co., 544 F.3d 553, 564 (3d Cir. 2008). It prohibits marketplace participants from engaging in "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." See 73 Pa. Stat. Ann. § 201-3. In order to implicate the statute, a defendant's actions must rise to the level of malfeasance--the improper performance of a contractual obligation. See Gordon v. Pennsylvania Blue Shield, 548 A.2d 600, 604 (Pa. Super. Ct. 1988). Mere nonfeasance--the failure to perform a duty prescribed by a contract--is not actionable under the UTPCPL. See id. The dispositive question, then, is whether the actions alleged in the complaint constitute malfeasance or nonfeasance.
Continental relies on Horowitz v. Fed. Kemper Life Assur. Co., 57 F.3d 300, 307 (3d Cir. 1995), in support of its assertion that its actions constituted nonfeasance. There, the defendant insurance company sent the plaintiff a letter explaining its decision to deny her claim. See Horowitz, 57 F.3d at 307. The Court of Appeals held that such an action does not constitute malfeasance.
I find that this case is distinguishable from Horowitz. First, the District Court in Horowitz decided the matter at summary judgment stage. See Horowitz v. Fed. Kemper Life Assur. Co., 861 F. Supp. 1252, 1261-62 (E.D. Pa. 1994) (reversed in part on other grounds Horowitz, 57 F.3d at 307). It therefore had the benefit of a well developed record from which to draw the fact-driven conclusion that the defendant's actions were nonfeasant as opposed to malfeasant. See id. Second, the allegations in the present case are different than those in Horowitz. In Horowitz, the defendant wrote a letter to the plaintiff denying her claim. See id. at 1262. In that letter, however, the defendant did not notify the plaintiff of certain caselaw that, in the plaintiff's opinion, established her right to collect under the policy. See id. The plaintiff argued that the defendant's actions were unfair and deceptive and therefore in violation of the UTPCPL. See id. Both the District Court and the Court of Appeals disagreed, finding that the defendant's actions amounted, at most, to nonfeasance. See Horowitz, 861 F. Supp. at 1262, aff'd, 57 F.3d at 307.
In this case, plaintiff alleges more than mere denial of the claim. Indeed, the complaint details at least three instances of malfeasance by Continental. First, despite the fact that Fingles's policy was allegedly terminated in February 2004, Fingles was not informed of the termination until December 2005--almost two years later. In the meantime, Continental regularly communicated with Fingles and repeatedly denied his claims for reasons unrelated to the termination of his coverage. In other words, Continental acted as his insurer despite the fact that his coverage had terminated.
The second example of Continental's malfeasance involves its allegedly dilatory requests for documents. After Fingles was informed that his policy had terminated, Continental allowed him to reinstate his policy by paying the past-due amount. Following the January 17, 2006, reinstatement of the policy, plaintiff filed another claim for benefits. Continental again informed plaintiff that information was missing. It requested copies of the bills for which plaintiff was seeking reimbursement. Plaintiff alleges that such bills had been submitted "on multiple occasions[,]" see Compl. Exh. 12, and that the request was merely a dilatory tactic by Continental.
Finally, the anoxic encephalopathy Fingles suffered during his September 10, 2003 surgery left him mentally incapacitated. Therefore, on December 5, 2005, Fingles, through his attorney, requested that all correspondence from Continental be directed to his attorney. Continental nevertheless continued to correspond directly with Fingles, which forced Fingles's attorney to renew his request on December 29, 2005 and again on January 17, 2006. Plaintiff alleges in the complaint that Continental's refusal to honor the request was an attempt to take advantage of Fingles's "confused mental state." See Compl. ¶ 41. As support for this assertion, plaintiff points to the fact that Continental was repeatedly asked to provide Fingles's attorney with a copy of its file on Fingles, but it never responded to such requests.
When plaintiff's allegations are viewed in totality, it is clear that the allegations amount to more than simple failure to perform the contract and instead "inject the question of the propriety of [Contintental's] behavior in performing [its] duty." See Zaloga v. Provident Life and Acc. Ins. Co. of America, 671 F. Supp. 2d 623, 633 (M.D. Pa. 2009). Accepting all well-pleaded facts as true and drawing all reasonable inferences in favor of plaintiff, as I must at this stage, see Twombley, 550 U.S. at 555, I find that a reasonable jury could conclude that Continental "misperformed its obligation to [Fingles and plaintiff] rather than failed to perform it." See Zaloga, 671 F. Supp. 2d at 633.
B. Pleading Requirements
Continental also argues that plaintiff has failed to state a claim under the UTPCPL because the complaint contains no allegations of common law fraud. As noted supra, the UTPCPL is designed to protect individuals from "unfair methods of competition and unfair or deceptive acts or practices." 73 Pa. Stat. Ann. § 201-3. The statute defines unfair methods of competition and unfair or deceptive acts or practices in a variety of case-specific manners, none of which are relevant here.*fn6 However, it also includes a general "catch-all" provision which prohibits "engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." Id. at § 201-2(4)(xxi).
Here, plaintiff has alleged violations of the catch-all provision. He has not, however, specified whether Continental's conduct was fraudulent or merely deceptive. See Tran v. Metro. Life Ins. Co., 408 F.3d 130, 140 (3d Cir. 2005) (acknowledging that a plaintiff can bring a UTPCPL claim by alleging either fraudulent conduct or deceptive conduct). I will thus consider whether the allegations contained in the complaint are sufficient to state a claim under either prong.
1. The Allegations in the Complaint Are Insufficient To State a Claim Under the Fraudulent Prong of the Catch-All Provision
Pennsylvania courts have required all private plaintiffs alleging violations of the catch-all provision's fraudulent conduct prong to plead the elements of common law fraud. See Tran, 408 F.3d at 140 (citing Toy v. Metro. Life Ins. Co., 863 A.2d 1, 13 (Pa. Super. Ct. 2004)). A fraud claim consists of six elements: (1) a misrepresentation; (2) material to the transaction; (3) made falsely; (4) with the intent of misleading another to rely on it; (5) justifiable reliance resulted; and (6) injury was proximately caused by reliance. See Santana Prods. Inc. v. Bobrick Washroom Equip., Inc., 401 F.3d 123, 136 (3d Cir. 2005) (citing Viquers v. Phillip Morris USA, Inc., 836 A.2d 534 (Pa. Super. Ct. 2003)). Under the Federal Rules of Civil Procedure, "a party [alleging fraud or mistake] must state with particularity the circumstances constituting fraud or mistake."
Fed. R. Civ. P. 9(b). "To satisfy this standard, the plaintiff must plead or allege the date, time and place of the alleged fraud or otherwise inject precision or some measure of substantiation into a fraud allegation." Frederico v. Home Depot, 507 F.3d 188, 200 (3d Cir. 2007).
Plaintiff has failed to meet Rule 9(b)'s heightened pleading requirement. He does not identify a specific misrepresentation by Continental upon which Fingles (or plaintiff) relied. There are, to be sure, a variety of general allegations in the complaint that could be construed as misrepresentations by Continental. For example, paragraph 62 alleges, in relevant part, that "[Continental] [m]isrepresented the benefits, advantages, conditions or terms of the policy [as well as] pertinent facts related to the Policy provisions relating to coverage[.]" Such general allegations, however, do not satisfy the requirements of Rule 9(b) because they do not include the date, the time or the place of the alleged misrepresentation. See id. Nor do they provide sufficient notice of the content of the alleged misrepresentations--for instance, what "benefits, advantages, conditions[,] terms of the policy [or] pertinent facts . . ." were misrepresented. See Lum v. Bank of America, 361 F.3d 217, 224-25 (3d Cir. 2004) (ruling insufficient allegations that do not identify particular fraudulent transactions). Because the complaint does not adequately plead the elements of fraud I will dismiss count V to the extent plaintiff relies upon the fraudulent conduct prong of the catch-all provision.*fn7 I will grant plaintiff leave to amend his complaint with respect to the fraudulent conduct prong.
2. The Allegations in the Complaint Are Sufficient To State a Claim Under the Deceptive Conduct Prong of the Catch-All Provision
The standard for pleading a violation of the catch-all provision's deceptive conduct prong is substantively different and procedurally less demanding than the standard for pleading fraudulent conduct. From a procedural standpoint, Rule 9(b) is not implicated by allegations of deceptive conduct. See Seldon v. Home Loan Servs., Inc., 647 F. Supp. 2d 451, 469 (E.D. Pa. 2009) (noting that Rule 9(b)'s particularity requirement applies only to claims of fraud). Instead, the normal Twombly standard applies. See id. Substantively, the plaintiff must allege "facts showing a deceptive act." See id. at 470. A deceptive act is "conduct that is likely to deceive a consumer acting reasonably under similar circumstances." See id. (citing Black's Law Dictionary 455 (8th ed. 2004)). The plaintiff must also allege that he justifiably relied on the deceptive act, and that such justifiable reliance caused ascertainable loss. See id.
After reviewing the allegations contained in the complaint, as well as all inferences that can be reasonably drawn therefrom, I find that plaintiff has adequately alleged a claim under the deceptive conduct prong. The complaint alleges that Continental had an obligation to pay for some or all of Fingles's medical expenses for as long as he remained eligible under his policy. See Compl. ¶¶ 47-49. It further alleges that, despite the fact that Fingles was eligible for care, Continental engaged in a "continuing course of conduct designed to discourage, [to] interfere with and to avoid its obligations arising under the Policy." Compl. ¶ 39. More specifically, Continental did not process Fingles's September 22, 2004 claim for benefits because it claimed that necessary forms were missing. Fingles allegedly attempted to rectify the situation by "repeatedly request[ing] details and the missing forms" but he never received either. Compl. ¶ 20. Despite the fact that Continental had assured Fingles that his need for clinical services was clear, Fingles's next claim, submitted in May 2005, was denied by Continental on the ground that his need for the requested care was unclear. Compl. ¶ 24. After Continental's own nurse concluded that Fingles had a clinical need for the care he requested, Continental informed him that his claim was denied because his coverage had terminated almost two years prior because of a missed premium payment. Compl. ¶ 27. Finally, after allowing plaintiff to reinstate the coverage by paying the past-due premiums, Continental sought for the first time additional information including copies of Fingles's bills, which had already been submitted "multiple times." See Compl. ¶ 35, Exh. 13. Throughout the entire claims process, plaintiff alleges that despite Fingles's repeated requests that Continental communicate with his attorney, Continental continued to correspond directly with Fingles in an effort to take advantage of his "confused mental state." Compl. ¶¶ 40-41.
Assuming that these allegations are true, a reasonable jury could conclude that Fingles and plaintiff justifiably relied on Continental's promise to provide certain coverage. That promise was rendered deceptive when Continental erected a series of procedural hurdles solely designed to prevent Fingles from obtaining the care he was owed. Fingles suffered ascertainable harm in that he was forced to pay his medical expenses out of his own pocket and was either never reimbursed for such expenses or not reimbursed in a timely fashion. Under this theory of deceptive conduct, then, I find that plaintiff has stated a valid UTPCPL claim.
For the reasons discussed supra, I will dismiss count III because the bad faith claim stated therein is subsumed by the breach of contract claim stated in count II. I will also dismiss the UTPCPL claim stated in count V to the extent that it relies on alleged fraudulent conduct by Continental. The UTPCPL claim will survive, however, to the extent that it alleges mere deceptive conduct on the part of Continental.
An appropriate Order follows.
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|About Us
An Updated Look at the Big PictureBy Jeff Clark
Thursday, July 23, 2009
Stocks have been moving straight up, ignoring all the conventional overbought technical indicators. Investors are anxious to buy into even the slightest decline. And when that decline turns into a rally, the fear of missing out on another upside explosion coaxes more money in from the sidelines, propelling stocks even higher.
Ultimately, though, stocks will correct and the market will have a chance to work off the overbought conditions. It's the old "rubber band" analogy. Stocks can only stretch so far in one direction before they snap back into a more neutral trading range.
The market makes extreme moves like this maybe two or three times each year. Sometimes the rubber band is stretched to the downside, like it was in March, and stocks react by putting on a dramatic rally. And sometimes the rubber band is stretched to the upside, as it is now. This should lead to a sharp pullback.
Every once in a while, though, the rubber band breaks. Stocks roll right through the technical indicators and continue their path higher (or lower). This happens about once or twice a decade. The most notable example is the Internet stock "melt-up" in late 1999.
I don't think we're in a melt-up environment. Traders are too skittish. They lack the conviction necessary for a long-term, sustainable, gravity-defying push higher. But I'm putting this idea out here, just to be sure you're aware of the possibility – as remote as it may be.
More than likely, the current environment is one where stock prices travel higher long enough to whip the short sellers, suck money in from the sidelines, and lull the masses into a greater sense of complacency. After those conditions are met, stocks can start the next leg down in the great bear market. Here's an updated look at the big picture...
This is a monthly chart of the S&P 500 plotted against its 20-month exponential moving average (EMA). The 20-month EMA defines bull and bear markets. When stocks trade above the line, they're in a bull market. When the index is below the line, the bear is in charge.
The first leg of the bear market bottomed in March. It was an extreme move, and the rubber band was stretched much too far to the downside. We knew we were due for one heck of a "snap back" rally, and we got a 30%+ move higher in just a few weeks.
Stocks are no longer oversold on this long-term chart. The index is close enough to its 20-month EMA to meet the requirements of a snap-back rally. While the S&P 500 could rally another 100 points before turning back lower, my shorter-term charts suggest stocks could roll over sooner rather than later.
So both the long-term and short-term charts have a bearish tilt to them. The problem now exists in the intermediate term.
Two months ago, my two favorite intermediate-term indicators – the Nasdaq Summation Index (NASI) and the NYSE Summation Index (NYSI) – flashed sell signals. Today, they're saying it's time to buy.
There's no easy trade to make in the midst of conflicting indicators. The nature and extent of any short-term pullback will tell us a lot about where stocks are headed over the next few weeks. But it is simply too dangerous to buy anything in an extended market. And it's too dangerous to put on new short positions until price action confirms a short-term correction.
Best regards and good trading,
Jeff Clark
Further Reading:
The $5 coffee is back... Starbucks hits a new 52-week high.
Chemical manufacturers Lubrizol, Sinopec Shanghai, and NewMarket make new highs.
Carnage in small banks continues... KeyCorp bounces near new lows.


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Palestine: the assault on health and other war crimes: Summerfield's outrage is misplacedBMJ 2004; 329 doi: http://dx.doi.org/10.1136/bmj.329.7474.1102-a (Published 04 November 2004) Cite this as: BMJ 2004;329:1102
- Irwin J Mansdorf, member (ijm321{at}hotmail.com)
- Task Force on Medical and Public Health Issues, Scholars for Peace in the Middle East, New York and Raanana, Israel
EDITOR—Summerfield's jump from psychiatrist to attorney, judge, and jury is a classic example of the inappropriate use of science and medicine to promote specific political views.1 Any reasonable and objective observer of the longstanding conflict between Arabs and Jews understands that the situation is not as prejudicially simple as Summerfield would have us believe.
His outrageous statement that Israeli soldiers are "Clearly… routinely authorised to shoot to kill children…" is particularly egregious, baseless and something that has no place in a journal where science and evidence is valued. What is in fact routine is the care that Palestinians continue to receive, even today after years of conflict, in Israeli hospitals and from Israeli physicians. Unlike Israeli civilians, who dare not set foot in Palestinian villages for fear of being attacked and killed, Palestinian Arabs receive care in Israel that they could not receive in any neighbouring Arab country. In the last few months alone nearly 200 Palestinian children who were referred under a joint Israeli-Palestinian programme to treat children with serious medical conditions have already undergone major surgery at Israeli hospitals at no cost to the families. Another 350-400 Palestinian children have undergone free diagnostic testing.
It is true that Palestinians have been forced into dreadful conditions because of the continuous policies of their own leadership, but Summerfield would do well to consider how Palestinian actions, rather than Israeli reactions, play a role in this continuing tragedy.
See Editor's choice and Reviews p 1110
Competing interests None declared.
- 1.↵


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We offer these texts bundled together at a discount for your students. Mertler, Action Research: Improving Schools and Empowering Educators, 4e. This fully updated edition of Craig Mertler's proven text introduces practicing educators to the process of conducting classroom-based action research. Practical and comprehensive, the book focuses on research methods and procedures that educators can use with their everyday instructional practices, classroom activities, and school procedures. Emphasizing the integration of professional reflection throughout the process and action research as job-embedded professional development, Mertler provides insightful coverage of the knowledge and skills needed to design research studies, conduct research, and communicate findings to relevant stakeholders and interested parties. This Fourth Edition adds coverage of high-interest topics, such as teacher empowerment and evaluation, Google Scholar, mixed-methods research designs, ethics, and much more. Dana, Digging Deeper Into Action Research: A Teacher Inquirer's Field Guide. How-and when-can we find time to conduct meaningful action research? Great ideas and thought-provoking questions can only blossom through methodical inquiry. Nancy Fichtman Dana steps in as your action-research coach and leads you on a journey through wonderings to real change in your classroom. From framing your question to presenting your research, this guide will encourage, challenge, and ultimately lead you through the action research process. Teachers, students, and action-research coaches alike will learn how to: reframe initial wonderings into pointed inquiries- creatively analyze both qualitative and quantitative data- draw action-research topics out of ordinary discussions with colleagues- and, share findings with others to help them improve as well.
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Reviewed By Peter J. B (Benson, AZ) —11/25/2016 10:41 PM
Super looking. It doesn't have the heavy look the others have. It's just makes my truck look so much cleaner. I don't mean washed clean either.
Reviewed By Bobby J (Hogansville, GA) Reviewed for a 2014 Jeep Patriot —10/14/2016 3:45 AM
After I figured out how to install it it was good . Looks good. Only complaint is I wish they would of sent some instructions or a link to go get some . I found online instructions from black horse .


text:
3DS News
News Azure Striker Gunvolt 2 Details Appear, Special Announcement Coming Later This Month
Screenshots and art break cover
News XSEED Unveils Corpse Party 3DS Details, Including a 'Back to School Edition'
The horror is coming this Summer
News Shin Megami Tensei IV: Apocalypse Will Bring End Times to 3DS in the Americas This Summer
Gets a name change in its localisation
Video Flashy New Trailer Showcases The Four Combat Styles in Monster Hunter Generations
Update: Some hype-tastic details also given for the release
Poll The Utterly Charming Animal Crossing Series Is 15 Today, But Which Is Your Favourite?
Turning a new leaf or heading to the city? Let us know
News Yo-Kai and Dragon Quest Still Lead for 3DS in Japan Following Modest Disney Art Academy Launch
Wii U sales climb a little as hardware struggles
News May Issue of CoroCoro Magazine to Bring Huge Scoop on Pokémon Sun and Moon
The hype intensifies
News Corpse Party Looks Set to Bring Some Mature Horror to the 3DS
XSEED secures rating for North America
Nintendo Life Weekly Zelda Wii U Rumours Point to Sex Choice in Playable Character
Grab that salt shaker
Video Capcom Releases New Trailer to Showcase the Prowler Mode of Monster Hunter Generations
Tackle a campaign as a Felyne
News Super Smash Bros. Community Yet to Ban Bayonetta in Spain as the Debate Shifts to Tournament Bullying
ZeRo also offers tips for tackling the witch
Parent Trap Mario & Sonic At The Rio 2016 Olympic Games Scores With Download Play
Andy Robertson builds up a sweat on the 3DS
News Three Legendary Pokémon Birds to Take Flight in the US in May
You need to sign up for the Pokémon Trainer Club newsletter


text:
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text:
CRBG Schedule for 2017
January 21 & 22, 2017
American Tackle Company, Inc.
Oviedo, Florida
email Registration form to: firstname.lastname@example.com
Southeast Rod Building Workshop – Registration
March 4 & 5, 2017
March 31, 2017 & April 1, 2017
Fishing Tackle Unlimited
Houston, Texas
April 22 & 23, 2017
Troy, New York
August 10, 11 & 12 2017
St Croix Rod Factory
Park Falls, WI
September 9 & 10, 2017
Anglers Workshop
Springfield, Illinois
October 21, 2017
Clinton, Iowa
RodCrafters Journal is rod buildings oldest publication. A subscription is included as a key part of Guild membership.
In This Issue
CRBG Schedule for 2017
A Word or Two
Dan Troxel
2017 Custom Rod Builders Guild Calendar Contest
Kris Engling
What are Microwave Guides
American Tackle company
CRBG/St. Croix North Central Regional
Terry Virden
Giving Back to Chequamegon High School
Gary Nosek
Thank You
NCR Committee
North Central Regional Spouse program at park Falls
Kris Engling
The Joe Maricano Rod
Jim Trelikes
Making Grips with Cholla Cactus & Inlace Liquid Acrylic Inlay Material
Steve Hartzell
Winn Grips & the New Face of Sport Fishing
Mike Pehanich
River Rats Rod Group
Chet Kiekhafer
Musky Rods
Dale "Musky Pete" Peterson
Youth Member Spotlight
John- Addison Weber & Jack Ross


text:
Sew Much More
A blog devoted primarily to garment sewing - with little splashes of quilting, crafts, and misc. sewing thrown in for variety.
Monday, September 26, 2016
Fall/Winter Sewing Plans
Some tentative sewing plans
Top McCall's 7093
White shirt Butterick 6325
Long cardigan McCall's 7476
Patchwork jacket or vest Cowl-neck short sleeve sweater top
Knit jacket Butterick 6330
Butterick 6388 as a shorter top
3 comments:
Wednesday, August 31, 2016
Knit Maxi Dress - Butterick 6330
I made this dress a couple months, but just now getting it posted.
I also want to make the jacket later in the fall.
I made a size large, which is bigger than I need. But the fabric is thin and very stretchy, and I didn't want it to cling too much. I'm happy with the fit.
Fit alterations I made: added 1 inch to the front bodice length and removed 1 inch from back bodice length, and removed 1 inch from shoulder width. These are standard alterations for me.
I bought the fabric from Fabric.com in 2007 and paid $5.00 yard. It's one of those fabrics that I liked so much that I was hesitant to cut it. I'm glad to finally use and love the dress.
I really like it with a black cardigan.
And the back
I also used the pattern to make a black knit dress. I made it calf length, added short sleeves and lowered the neckline by 1-1/2 inches.
4 comments:
Sunday, July 31, 2016
Monthly recap & plans
Monthly Recap
This month I sewed 5 garments and used 10 yards of fabric. Overall, I'm pleased since these are all things I'll wear and there were no wadders.
Lace Jacket
Pattern: Butterick 3532
Fabric: Gray cotton broadcloth and cream colored lace (2-1/2 yds)
Knit Tank
attern: Simplicity 4192 Fabric: Yellow textured knit (1 yd)
Knit Top
Pattern: McCall's 7286
Fabric: Turquoise print, turquoise solid, tan solid (2 yds)
Black knit midi tee-shirt dress
Pattern: Butterick 6330
Fabric: Black knit (2 yds)
Kimono Jacket
Pattern: Simplicity 8172
Fabric: Rayon challis, 2 prints (2-1/2 yds)
August Plans
I'm finished with summer sewing, but not ready to sew for fall/winter, so I'm kind of in limbo.
I'll start on my skirt draft in preparation for making pants for cool weather.
And work on Riley's quilt and hopefully finish it this month.
Also, look though the UFO basket and see if there's anything I want to work on.
And maybe work on some quilts.
5 comments:
knit tops
monthly recap
Wednesday, July 20, 2016
Kimono Jacket
Simplicity 8172
I really like the back flounce on this jacket.
I used 2 different rayon challis prints I had in my stash. They both came from Joann Fabrics. I love the soft, flowing movement of the fabric. And it's so cool on hot summer days.
I made a size large, with no alterations. It's a little big on me. If I make it again, I'll probably go down to a medium.
I added a small snap at the front seam line to hold it closed.
But I wear it open most of the time.
5 comments:
Wednesday, June 29, 2016
July sewing plans and June recap
July sewing plans
cream color topper
black maxi dress - Butterick 6330
wrap pants - Simplicity 4192 - rollover from a few months ago
wrap skirt - McCall's 5430 - rollover from a few months ago
draft a skirt muslin
pad out my dressform
June recap
I finished everything on my list except for drafting the skirt muslin.
Put Riley's quilt together & let her start tacking it
Finish organizing fabric
Knit maxi dress - B6330
Black top - made 2
Draft skirt muslin - DID NOT
I also made 2 harnesses for Paisley - this has been on my list for several months.
And made McCall's 7242 dress from my May list; but unfortunately I don't like it.
2 comments:
Saturday, June 25, 2016
Harness for Paisley
Doesn't she look pretty in her new blue harness?
I prefer a harness instead of a collar for my dog, as the collar chokes her and she sometimes pulls it over her head. But finding a harness that fits well and is easy to put on seems impossible. So I went looking on-line and found some information for making one.
Here's my pattern. You cut 2 for the inside and 2 for the outside. Then sew together along the short side.
Here's what it looks like. I used 2 rows of velcro for the fastening and added a d-ring to snap on the leash.
The fit is great on this one except for a little tightness where it goes around the inside of her legs. For the next one, I'll make that area narrower.
I used a sturdy quilting cotton and polyester quilt batting, and did some random machine quilting. This worked great and makes the harness comfortable; it's not too thick and it's machine washable. I made self-fabric bias strips to cover the edges.
I'm pretty happy with how it turned out. And Paisley definitely likes it better than the one I bought. Well, mostly because it's quicker to put on! And now that I've got the fitting worked out, the next one should go together much faster.
2 comments:
Friday, June 24, 2016
Back Yoke Knit Top
After recently making McCall's 7284 in a woven fabric, I decided I'd like a knit top with a back yoke. So for this top, I used the back of the McCall's pattern and the front of Vogue 9057.
The fabrics I used: The print is an ITY I bought on-line several years ago - I think from FabricMart; the black is a thin rayon blend from Joann Fabrics; and the purple lace came from Walmart. I also used the black underneath the lace.
5 comments:
knit tops
Saturday, June 11, 2016
Sewing Room Makeover
My sewing room had gotten so cluttered and out of control. I've finally done a much needed clean up and reorganization. It's not one of those pretty sewing rooms - it's a working room.
View from the door:
The main change I made was to take out a large desk that was in the corner and add two wire shelf units. I had been storing fabric stacked on a countertop and in plastic totes underneath it. And my machines were on the desk. I moved the machines to the countertop and the fabric to the shelf units. This is a much better arrangement. Before, I didn't have access to my coverstitch or my mechanical machine without shuffling things around. Now I have my machines set up and always ready to use. Hopefully, I'll start using the coverstitch machine.
Moving out the desk meant giving up the drawers. But, even though it was a nice desk, it just took up too much floor space. Since the counter top just sits on a frame, I added some plastic drawer units underneath. Since I don't have much natural light, I added an undercounter light and also a desk lamp.
For fabric storage, I bought 2 wire shelf units. To protect the fabric from sunlight and dust, I hung cloth shower curtains. I could have made a curtain (I certainly have enough fabric), but it was just so much quicker and easier to use these. They were very inexpensive and pretty.
I uncluttered and recovered my pressing/cutting table.
I made a small quilt design board.
I used a round belt hanger to hold my embroidery and quilt hoops and hung it on the end of the shelf unit.
I put hooks on the end of my cutting table to hang cutting mats
It's a small room, so I have to make every inch count.
I went through everything and got rid of things I don't use - some were passed to others and some went in the trash. First, I went through supplies and notions: buttons, zippers, snaps, interfacing, craft supplies, etc. Naturally, the biggest job was the fabric. I gave away a lot of fabric. And I threw away scraps and UFO's that were never going to get finished. It feels good to let go of unnecessary things.
I still have things I want to do, such as: cover some boxes, drill holes in the counter for the cords to fit through, organize the contents of the drawers, etc. And now that I can get to my dress form, I want to repad it. Overall, I'm happy with the makeover and enjoy spending time in there.
One of my favorite things in my sewing room is this clock; it was a birthday gift from my Mom several years ago.
6 comments:
sewing room
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1328 Montgomery Street S, Hastings 49058
See more homes for sale in Hastings, MI
This 4 bedroom 2 bath home is located near Southeastern Elementary School and features a extra large lot with fenced back yard and large deck. The main level has a large living room with beautiful gas fireplace and slider to the deck. Plenty of storage with a wall of closets in the dining area. Full basement for plenty of storage. Mature shade trees in the front and back yard.
Property Information
- Status
- Active
- Address
- 1328 Montgomery Street S
- City
- Hastings
- Zip
- 49058
- County
- Barry
- Possession
- 15 Dac
- Siding
- Aluminum, Brick
- Above Grade SqFt
- 1,352
- Garage Desc.
- 2, Attached
- Water
- Public
- Sewer
- Public
- Year Built
- 1965
- Taxes
- $2,146
Rooms and Land
- Basement
- Full Basement
- Cooling
- Central
- Heating
- Natural Gas
- Acreage
- 0.38
- Lot Dimensions
- 82.5x198
- Appliances
- Dryer, Range, Refrigerator, Washer
- Fireplace Desc.
- Living
- Exterior Materials
- Aluminum, Brick
- Exterior Features
- Deck(s), Fenced Back
Listing Video for 1328 Montgomery Street S, Hastings MI 49058
Mortgage Calculator
Listing Broker
Listing Courtesy of Thornapple Real Estate
Office Address 389 N. Airport Rd
Listing Agent Patricia L Doezema
Listings last updated: . Some properties that appear for sale on this web site may subsequently have been sold and may no longer be available.
Our Michigan real estate agents can answer all of your questions about 1328 Montgomery Street S, Hastings MI 49058. Real Estate One, Max Broock Realtors, and J&J Realtors are part of the Real Estate One Family of Companies and dominate the Hastings, Michigan real estate market. To sell or buy a home in Hastings, Michigan, contact our real estate agents as we know the Hastings, Michigan real estate market better than anyone with over 100 years of experience in Hastings, Michigan real estate for sale.
The data relating to real estate for sale on this web site appears in part from the IDX programs of our Multiple Listing Services. Real Estate listings held by brokerage firms other than Real Estate One includes the name and address of the listing broker where available.
IDX information is provided exclusively 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.
All information deemed materially reliable but not guaranteed. Interested parties are encouraged to verify all information. Copyright© 2016 MichRIC LLC, All rights reserved.


text:
The 25.9 metre motor yacht Daikoku II, listed for sale by Konstantin Ustinov at dahm international, has had a €200,000 price reduction.
Built in GRP by Taiwanese yard Horizon, this yacht for sale was delivered in 2008 as an Elegance 80 model. Decorated with wall paneling in matt finished wenge wood, accommodation is for eight guests in four cabins consisting of a full beam master suite, VIP suite, a double and a single cabin, all with entertainment centres, television screens and en suite bathroom facilities. In addition, there are quarters for two crew in a twin cabin.
An elegant yet cosy main deck saloon has settees to port and starboard, coffee tables, a bar area with a fridge and ice maker, a dining area and an entertainment centre including a large plasma television screen on a rise and fall mechanism and a Bose stereo surround sound system. Forward is a fully equipped galley with Siemens appliances and fitted with a dinette for casual breakfasts and snacks.
The aft deck is arranged for al fresco dining with built in upholstered seating, a table and three rattan chairs with steps down to the swim platform where the tender of Daikoku II is stored while under way. The flybridge offers an upper helm station, sun beds, a wet bar and a hard top fitted with a retractable Bimini top.
Twin 1,550 MAN diesel engines give her a cruising speed of 20 knots and she is fitted with Trac zero speed stabilizers.
Daikoku II is now asking €1,200,00 with VAT paid.


text:
How We Do It
How Agastya Works
Agastya's education model is:
Scalable – impacts millions of children and teachers through high - reach channels like mobile labs, teacher education, science fairs and science centers.
Innovative and Creative – learning methodologies awaken curiosity, observation, assimilation and application skills.
Sustainable – learning methods are deeply instilled, encourage sensitivity to the environment and growth and development of community.
Replicable – high-impact ideas and low-cost methods are easily transferred and communicated across cultures and countries.
Collaborative – leverages partnerships and encourages participation by government and private education officials and community members.
- addresses core primary and secondary education issues.
- impacts a large and broad student-teacher population.
- supports raising of education performance and standards.
- benefits rural and urban communities.
Creative Learning Center
- provides hands-on educational opportunities in a creative and interactive setting to thousands of rural children.
- takes education to remote villages in A.P. and Karnataka through Mobile Labs.
- conducts Science Fairs.
- runs Young Instructor Leader programs
Teacher Education - Center for Creative Teaching
- Train Agastya instructors
- provide innovative, state-of-the-art knowledge and skills to government school teachers
- Train dropouts into instructors (Operation Vijay)
- help revive the local ecosystem and promote knowledge dissemination through mobile eco-labs.


text:
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April 12, 1937
RINNv.NEW YORK LIFE INS. CO.
Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; James H. Wilkerson, Judge.
Before EVANS, Circuit Judge, and BALTZELL and BRIGGLE, District Judges.
EVANS, Circuit Judge.
The narrow and interesting question presented upon this appeal is the right of the administrator of an annuitant, who died a few years after the issuance of the annuity policy, to recover the balance of the premium not consumed in payments to annuitant during his life. The appeal is from orders sustaining appellee's motion to dismiss certain counts in appellant's separate action in chancery and at law. The action was begun in the state court and removed to the Federal court.
The Facts. Appellee, on May 21, 1930, issued to appellant's intestate an annuity policy in consideration of a single premium payment of $48,794.40. It paid insured $300 per month from June 14, 1930, until April 14, 1934, or a total of $14,100. This left a difference of $34,694.40 between the amount of the premium received and the annuities paid. The insured's administrator, the appellant, seeks to recover this amount with interest. The District Court sustained a motion to dismiss the causes of action in equity and at law.
The annuity contract is herewith set forth in full:
"New York Life Insurance Company
A Mutual Company
Agrees to Pay
to Maurice B. McCarthy during the lifetime of said Maurice B. McCarthy, the Annuitant, An Annuity of Thirty-six Hundred Dollars payable in equal Monthly payments of Three hundred Dollars each; the first payment to be made on the Fourteenth day of June Nineteen Hundred and Thirty if the Annuitant is then living, and subsequent payments on the Fourteenth day of Each Month in every year thereafter, said Annuity terminating with the last Monthly payment preceding the death of the Annuitant. No proportionate annuity payment will be made to the day of death of the Annuitant.
"If annuity payments are to be made to any other than the Annuitant, or if the Company's check for any annuity payment is not to be indorsed personally by the Annuitant, the Company reserves the right to require satisfactory evidence that the Annuitant is living on the date the annuity payment falls due.
"This Annuity is granted upon the declaration that the Annuitant was born on the Seventh day of September, One Thousand Eight Hundred Seventy-Seven and if such declaration shall be found incorrect then the amount of Annuity payable under this contract shall be such as the single premium paid would have purchased at the correct age. Any overpayment or overpayments by the Company with interest thereon at the rate of six per cent (6%) per annum, shall be charged against the payments to be made after adjustment.
"This policy constitutes the entire contract between the parties and does not participate in the surplus of the Company.
"All benefits under this contract are payable at the Home Office of the Company in the City and State of New York.
"No agent is authorized to make or to modify this contract.
"The reserve held by the Company for this Annuity contract shall be calculated on McClintock's tables of mortality among annuitants, with interest at 3 1/2%.
"This contract is made in consideration of the payment in advance of the single premium of Forty-Eight Thousand Seven Hundred Ninety-four 40/100 Dollars to be made only be bank draft or certified check to the order of New York Life Insurance Company, in exchange for its official premium receipt signed by the President, a Vice-President, a Second Vice-President, a Secretary or the Treasurer of the Company and countersigned by the Cashier of its Branch Office.
"In Witness Whereof the New York Life Insurance Company has caused this contract to be signed this Twenty-first day of May Nineteen Hundred and Thirty.
"Frederick M. Johnson, Secretary.
"Darwin P. Kingsley, President.
"S. W. Winnie, Registrar."
(a) Appellant contends that the annuity contract contemplated a particular reserve of the amount of insured's premium, the balance remaining therein to belong to assured's estate on his death -- if such were not the case, the contract would be lacking in mutuality and would be fraudulent and void.
(b) Appellant also contends that the contract, being ambiguous, should be construed in assured's favor; it would have been simple for the company to have provided that any balance remaining due on annuitant's death should become the insurer's.
(c) It is also appellant's contention that the sale of annuities constitutes either the sale of insurance or of a "security." If it be the former, its form should have been filed with the Insurance Superintendent. Smith-Hurd Ill. Stats. c. 73, § 264; Ill. Rev. Stat. 1935, c. 73, par. 378. If the latter, the requirements of the Blue Sky Law (Smith-Hurd Ill. Stats. c. 121 1/2, § 96 et seq.) should have been met.
The opinion of the court in Rishel v. Pac. Mutual Life Ins. Co., 78 F.2d 881 (C.C.A. 10), so aptly applies that we would unnecessarily and improperly add to the volume of reported judicial opinions if we were to restate the reasons and conclusions of that case. We accept that opinion as embodying the correct statement of the applicable law. This last statement has no reference to the alleged bad faith and fraud allegations and proof discussions of the opinion, because no such issue is before us.
As bearing on the intent of the parties, the following facts are significant:
1. The insured's promise to pay is for the period "during the lifetime of the annuitant."
2. The annuity terminates "with the last monthly payment preceding the death of the annuitant. No proportionate annuity payment will be made to the day of death."
3. IF the payment is to be made to another than the annuitant, the company may require "satisfactory evidence that the annuitant is living on the date the annuity payment falls due."
4. No provision is made anywhere for the payment of the unexpended balance of the premium upon the event of the death. If a refund were contemplated, it would have been natural to have designated a beneficiary as the recipient or provided that the estate receive the same.
Appellant argues from the contract provision "The reserve held by the Company for this Annuity contract shall be calculated on McClintock's tables of mortality among annuitants, with interest at 3 1/2%" that each annuity policy has its own precise reserve, not to be intermingled with the reserve of another policy, and, upon annuitant's early demise his estate was entitled to the balance remaining in said reserve.
This view must be rejected because the major premise is unsound. Each policy does not have its separate, individual reserve. Appellee's interest computations were applicable to all policies of this class. Its contract was based on an average life's expectancy. The insured would have been required to pay no additional premium even though he survived ten years beyond his computed life's expectancy.
The applicable Illinois insurance state (chapter 73, § 266, Smith-Hurd Ill. Stats.) as it existed in 1930 expressly excluded annuity policies.
The Blue Sky Law did not cover annuity insurance contracts issued by insurance companies (Laws Ill. 1919, p. 351, § 2, as amended by Laws 1925, p. 549, § 1 [Smith-Hurd Ill. Stats. c. 121 1/2, § 97 and note; Cahill's Ill. Rev. Stat. 1929, chap. 32, par. 255]).
The conscionableness of an insurance contract is to be determined as of the date of its execution. Insured was 53 at the time of the issuance of the policy, and had he lived 14 years -- until he was 67 -- he would have received sums equal to the premium by him paid. According to the mortality tables he had a life's expectancy of 19 1/2 years.
The judgment is affirmed.
© 1998 VersusLaw Inc.
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Meaning thirst as in thirst for goodness or knowledge. Saint Ide and Saint Brigid are considered the most influential woman saints of early Irish Christianity. Associated with education, Ide founded a monastery in Killeedy in County Limerick where a h
Ide name was brought to England from the Normans in the Middle Ages. It was revived in the 19th century.
Baby girl name meaning Thirst, Goodness, Knowledge in Teutonic. Ide also named in Irish, Danish, English, French, German for girl . We have received lots of suggestion from our website users on baby names. We are thankful for all the contribution on meaning of girl name Ide. What does the name Ide mean in other origin if you know then please suggest. Further suggestion or detail on what is the meaning of name Ide. History of name and famous personality with Ide will help to update our database and other website users.
Name Of The Day
List of Teutonic baby names, Teutonic babies names, Teutonic baby names and meanings has been compiled from various resources. Please use this up to date list of Teutonic name as a reference to name your kid/child. This vast database of Teutonic names has been compiled from various references and suggestions provided by our web site users and resources partners. This information is developed to primarily serve as a reference. We are unable to respond on request for personalized assistance at the moment. Thank you for your support. Largest list of Teutonic baby names with meanings, numerology, popularity and comments.


text:
Shop of the Month
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|Good luck charm as the "Horseshoe (ばてい)" motif is familiar.
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|925 SILVER (Silver)
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Diameter: 2 mm 10 pieces
|Height: 12 mm
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|Pull ring
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|The "Payment Amount" is calculated as below.
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Start Date:02/12/2016 00:00 JST
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This product cannot be shipped to United States from the store.
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text:
0898 numbernoun [ C ]uk /ˌəʊ.eɪtˈnaɪn.eɪt ˌnʌm.bər/ us /ˌoʊ.eɪtˈnaɪn.eɪt ˌnʌm.bɚ/
Thesaurus: synonyms and related words
(Definition of "0898 number" from the Cambridge Advanced Learner's Dictionary & Thesaurus © Cambridge University Press)
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Word of the Day
a pet that no longer has a home or cannot find its home


text: Home Gallery Print (image) Adidas Star Wars Collection 2010 (2) Adidas Originals: Star Wars Collection 2010 (2) Chewie could rock these. Published on Jan 15, 2010 Editor's Pick Adidas originals' 2010 Star Wars shoe collection. Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateJan 15, 2010Client:Adidas Tagsapparel/footwear CategoryTVC GenreCelebrityVisual Latest Creativity News on Ad Age Six Things You Didn't Know About Preacher's Rob Baird Deadline Extended for Ad Age A-List Submissions U.K. Bans Charming Heinz Baked Beans Ad for Inciting Dangerous Behavior Advertisement Ad Age Reports Partner White Paper 5 Filmmakers Share Their Advice on Creating Must-Watch Branded Video Discover how five filmmakers negotiate the expanding field of branded video and learn how they produce compelling content. Brought to you by Shutterstock Premier. Learn more Related work Adidas Originals: Future Johannes Leonardo Adidas Originals: Audience of One Johannes Leonardo Adidas Originals: Pharrell Williams/Supershell x Todd James Want to see your work in our gallery? Submit now


text:
Seawalls protect coastal areas, particularly those near human habitations, from heavy seas. They can be immensely effective; in Pondicherry, in eastern India, seawalls built in the 18th century by colonial French engineers withstood the catastrophic power of the 2004 Indian Ocean earthquake and the resulting tsunami. While the town was tragically affected and experienced some fatalities, the recorded fatalities occurred in areas beyond the protection of the seawall.
Curved Seawalls
Curved seawalls mirror the shape of a wave as it moves towards land. The sweeping design dissipates the impact of the wave by deflecting it upwards, away from the bottom of the structure. These walls are usually made from poured concrete and are designed to reduce scour -- the removal of sediment from around a structure, which weakens it -- at the base of the wall.
Gravity Seawalls
Seawalls that rely on heavy materials to give them stability are known as gravity seawalls. Gravity seawalls are built in areas where strong soil runs right up to the coastline; the seawall is anchored, using this strong soil as a foundation. These walls are susceptible to shearing around the base, a process in which internal components of a structure move across each other as a response to stress. Gravity seawalls usually have extra reinforcement around the base to counteract shearing.
Steel Sheet Pile Seawalls
Steel sheets, interlocked and anchored deeply into the ground, are frequently used as seawalls in areas less intensively battered by the sea. Steel sheet pile seawalls are usually anchored both into the ground beneath them and to a bank of earth or bluff behind them. The weight of this earth acts as a reinforcement to the wall; water retained in this bank of earth can be drained through openings in the wall.
Concrete Block and Rock Walls
Walls constructed from concrete blocks and rocks mounted on a manmade slope are generally lower-cost operations than other seawall types, but they do not last as long. A mound made of rubble and rock is constructed, and heavy boulders made of concrete or stone are anchored into position. The shape of the slope dissipates the force of the wave by guiding it up a gentle slope, while the irregular boulders with gaps between them absorb the force by dividing the main wave into lots of smaller channels.
- Photo Credit Hemera Technologies/Photos.com/Getty Images
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text: hey guys, soon i am going on a LONG car trip and i need some good games for it. Possilby something that is less dependant on the accelerometer, because it is a car after all... i already have : Super Monkey Ball (probably unplayable) Crash (which i dont like because of frame rate) Enigmo, probably the best for the car And Moto Racer (maybe playable, less sensitive to movement) SOO which apps do you suggest i should buy? i also need them not to use internet (obviously) *ALSO any other useful apps are a help*


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February 26, 2010
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.JAMES O. BRYANT, JR., DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Municipal Appeal No. 74-06.
Submitted January 25, 2010
Before Judges Reisner and Chambers.
Defendant James O. Bryant, Jr., appeals from his conviction for refusal to submit to a breath test and reckless driving. He contends that he was harassed by the police and that they retaliated against him, that he was not intoxicated, that his constitutional and civil rights were violated by his arrest and the use of a false police report as evidence, and that his trial was held a year and three weeks after the charges arose.
Defendant was charged with driving while intoxicated, N.J.S.A. 39:4-50; improper backing, N.J.S.A. 39:4-127; failure to notify change of address, N.J.S.A. 39:3-36; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; and reckless driving, N.J.S.A. 39:4-96. After numerous adjournments, the case was tried in municipal court on September 21, 2006.
The State's witness, a police officer, testified that on August 30, 2005, at about 9:13 p.m., he heard a Mercury Sable car with its engine revving, accelerate at a high rate of speed, and saw it stop abruptly in a no-parking area by the police station. The driver, later identified as defendant, exited the vehicle and began to yell about the police department being closed. The officer directed him to a side door. Defendant proceeded to back the car at a high rate of acceleration to the front doors of the police department and then stopped abruptly. Defendant exited the vehicle and reported to the officer that his Mercury Sable was missing.
The officer smelled the odor of an alcoholic beverage emanating from defendant and observed that defendant was swaying, that his speech was slurred, and that his eyes were bloodshot. Defendant admitted to having three or four beers and some liquor. He did not cooperate with field tests, telling the officer that he was being "set up."
Believing defendant to be intoxicated, the officer placed him under arrest. Defendant refused to take the breathalyzer test. The officer acknowledged, upon observing defendant at a court hearing, that defendant's demeanor or "odd behavior" was the same when he was sober as when he was intoxicated, although defendant was not swaying or smelling of alcohol in court.
Defendant testified at trial and explained that he grew up in North Carolina and has been told that he has a southern accent. He explained that he drove to the police station that evening to report that one of his two Mercury Sables was missing. He refuted the officer's account of his driving. He denied drinking that day or telling the officer that he had been drinking. He contended that the officers were trying to make him look like a fool because he was reporting a Mercury Sable missing when he had just parked one outside, although defendant had not clarified at that time that he owned two Mercury Sables. He did not understand why the officer asked him to recite the alphabet or inquired about his drinking. He did not remember being asked to perform field sobriety tests, and testified that he was trying to be cooperative. However, he believed that he was being framed. He denied that he refused to take the breathalyzer test.
The municipal court judge found the officer to be a credible witness and accepted as true his version of events. He found that the officer had reasonable cause to request defendant to submit to a breathalyzer test and found defendant guilty of refusing to take the breathalyzer test. However, the municipal court judge found that the proofs were insufficient to prove beyond a reasonable doubt that defendant "manifested a substantial deterioration or diminution of the mental faculties or physical capabilities" to constitute driving while under the influence, and he dismissed that charge.
The municipal court judge did find that the proofs were sufficient to support the charge of reckless driving and merged the charge of improper backing with that offense. The charge of failure to notify change of address had been dismissed at the end of the State's case. On the reckless driving conviction, the municipal court judge fined defendant $206 and assessed him court costs of $33. On the refusal to take a breath test conviction, the municipal court judge suspended defendant's driver's license for two years and required that he attend forty-eight hours at the Intoxicated Driver Resource Center. He also imposed a fine of $506, court costs of $33 and a $100 surcharge.
Defendant appealed to the Law Division, and in a de novo review of the municipal court record, the Law Division judge found defendant guilty of reckless driving and refusing to take the breath test and imposed a sentence identical to the one imposed by the municipal court judge. We note that the judgment of the Law Division judge memorializing this decision, incorrectly states that defendant was convicted of driving while under the influence, citing N.J.S.A. 39:4-50. As noted above, defendant was acquitted of this charge, but was convicted of failing to take the breath test under N.J.S.A. 39:4-50.2.
Appeals from the municipal court to the Law Division are heard de novo on the record. R. 3:23-8(a). While the Law Division must make its own findings of fact and conclusions of law, in doing so, it must give deference to the municipal court's credibility findings. Pressler, Current N.J. Court Rules, Comment 1.2 on R. 3:23-8 (2010).
Our function when reviewing a Law Division's de novo decision after a municipal court trial is "to 'determine whether the findings made could reasonably have been reached on sufficient credible evidence present in the record,' considering the proofs as a whole." State v. Ebert, 377 N.J. Super. 1, 8 (App. Div. 2005) (quoting State v. Johnson, 42 N.J. 146, 162 (1964)). Further, "[u]nder the two-court rule, appellate courts ordinarily should not undertake to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious and exceptional showing of error." State v. Locurto, 157 N.J. 463, 474 (1999).
In light of this standard of review, we must affirm. The testimony of the police officer, whom the trial court found to be a credible witness, is sufficient to support the charges of refusing to take the breath test and reckless driving. The delay in the trial of the charges is attributable to various adjournments, some requested by the defense, others by the State or necessitated by the court's calendar. The police report was not marked into evidence, but rather was marked for identification only and was used by the officer to refresh his recollection as permitted by N.J.R.E. 612. No further discussion of the issues raised in this appeal is warranted. R. 2:11-3(e)(2).
The convictions and sentences are affirmed. We remand to the Law Division, in order that a corrected judgment of conviction be entered. The corrected judgment of conviction should list defendant's convictions of reckless driving, N.J.S.A. 39:4-96 and refusing to take the breath test, N.J.S.A. 39:4-50.2. It must delete reference to a conviction of driving while under the influence, N.J.S.A. 39:4-50, because defendant was acquitted of that charge.
Affirmed in part, remanded in part.
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John McKim Services
Services for John R. McKim, 66, of Harpers Ferry, were held at 11 a.m. on Saturday, Feb. 8, 2014, at Eackles-Spencer & Norton Funeral Home, 256 Halltown Road, Harpers Ferry, with Pastor Porky Jones officiating.
Military services were conducted by the Harpers Ferry/Bolivar District Veterans. Those present were Wayne Smallwood, Perry Mentzer, Scotty Johnson, Bill Coleman, Frank Longerbeam, Bob Hankins, Rick Blackford, Howard Shewbridge, Gene Wright, John Sherwood, and Doug Craze.
Interment will be in Arlington National Cemetery at a later date.


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text:
Twice Baked Jalapeño Potatoes
Total Time
Prep 10 mins
Cook 20 mins
These are amazing! I accidentally discovered this with my Sister-n-law on a holiday last year. they were remodeling their house...what do you make when the stores are closed and the kitchen is empty? They always make jalapeño poppers and Italian food, so they had these following ingredients on hand and what a great food we discovered! You can also make up ahead of time, just freeze and wait to do the last step when you are ready to eat. Please enjoy!
Ingredients Nutrition
- 6 medium potatoes
- 2 jalapeno peppers
- 1 tablespoon sour cream
- 1 tablespoon plain yogurt
- 2 tablespoons cream cheese
- 1⁄4 cup shredded colby-monterey jack cheese
- 2 tablespoons bacon bits
- 3 tablespoons butter
- 1 tablespoon milk
- 6 slices swiss cheese
- Wash potatoes and poke holes in them on the top for venting.
- Microwave until a fork can be easily inserted into them.
- When removed, let cool until barely warm so it is more easy to scoop out the potato into your mixing bowl, saving your potato skins.
- Scoop out your potato and mix on all ingredients. (Your Jalapeno peppers should be de-seeded and diced.).
- Scoop back into your potato skins.
- Top with pre-sliced Swiss cheese.
- Bake at 400 degrees until cheese is slightly browned on top.
Most Helpful
This made a great lunch! I used reduced fat and non fat versions of the dairy products and bacon bits and it was great - full of flavor. Thanks for posting!
Very tasty and easy potato recipe. The potato mixture was a bit thick for me so I added more sour cream and milk and used my electric mixer to really whip up the potatoes before adding them back into the shells. I also used shredded colby-jack cheese on top instead of the swiss and added some salt and pepper to the potato mixture. Very good recipe. Thanks for posting it. Adopted for PAC April 2008.
Great! I left out the bacon bits, and used shredded cheese on top. I froze them until ready to eat. Then put in a cold oven set at 400* F for about 30-40 minutes. Great quick, no fuss side!