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Ray o'light
Revolutionary Organization of Labor (ROL), USA is a revolutionary working class organization that fights for working class power and the elimination of all human exploitation. Ray O' Light Newsletter is the regular publication of ROL, USA. We believe, with comrade Lenin, that the working class "... needs the truth and there is nothing so harmful to its cause as plausible, respectable petty bourgeois lies." In the spirit of Karl Marx who taught that "our theory is not a dogma but a guide to action," we welcome your comments.
Ray Light, Editor
Download ROL NEWSLETTERS
RAY O'LIGHT Newsletter
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In this Edition:
*Ferguson Shows the Way Forward
*A Salute to the Cuban 5
*Fracking In North Carolina
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In this Edtion:
*Support Kurdish Peoples' Resistance
*Ebola & Sham U.S. Healthcare System
*Honduras Under U.S. Domination
*Great October Socialist Revolution
|Edition 87-Nov/Dec 2014
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September-October 2014 Number 86
*A Dream Deferred - Poem by Langston Hughes
*U.S. Border Crisis for Central American Children
*War on Gaza, Iraq and Syria
In this Edition:
*The Life and Legacy of Chokwe Lumumba
*The Petty Bourgeois Lies of Staughton Lynd
*The World Cup and the Fight for Brazil and Haiti
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In this Edition:
*Ukraine: Current Focal Point of the US-Led Imperialistic War Drive
*Hoffa–Led Teamsters Top Brass Sells Out UPS Workers
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*NELSON MANDELA and the South African Revolution
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Job Highlights
MPPKVVCL Vidyutkar Syllabus for 573 Line Attendant Vacancies is available here. Candidates can check Madhya Pradesh Line Attendant Exam Syllabus, Test Pattern, Exam Dates here. Download MP Line Attendant Syllabus Pdf @ www.mpwz.co.in.
MPPKVVCL Vidyutkar Syllabus
Are you looking for MPPKVVL Vidyutkar Syllabus 2016? You are in the right place to find it Here. We have provided the complete information regarding the Madhya Pradesh Line Attendant Syllabus and Exam Pattern here. Candidates who want to apply for the Jobs in Madhya Pradesh can check the Notification here. The Applied Candidates can check the Exam Syllabus, Exam Dates, Test pattern, and Previous Papers on our website. Nowadays perfect preparation plan is very important to get a good score in the written test. Interested candidates can check the official website to Download Madhya Pradesh Pradesh State PKVVL Syllabus and Exam Pattern.
The Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited is a power production and distribution company in the state of Madhya Pradesh. The Madhya Pradesh PKVVCL was established in 2002. The Headquarters of MPPKVVCL is located in Bhopal. The Madhya Pradesh Paschim Kshetra Vidyut Vitaran releases Recruitment notification for 573 Line Attendant Posts. The Eligible candidates can check the notification and apply on or before the last date 20th September 2016. The Applicants can get complete details regarding the Madhya Pradesh PKVVCL here.
Click Here for MPPKVVCL Line Attendant Recruitment Notification
Madhya Pradesh Line Attendant Exam Pattern
The Madhya Pradesh PKVVCL Releases the Hall ticket for the applicants on 3rd October 2016. Applied Candidates can download hall ticket from the official website. MPPKVVCL Exam Pattern for the Line Attendant Exam is given here.
|Exam Type
|No.of Questions
|Duration Time
|MPPKVVL Line Attendant Exam
|ITI Electrical
|2 Hours
MPPKVVCL Line Attendant Syllabus
For perfect preparation, we need to know the topics under Madhya Pradesh PKVVCL Exam. Here we provide the MPPKVVCL Vidyutkar Syllabus Topics, Selection Process, Previous Question Papers, Interview Questions, Frequently Asked Questions and Study Material. Candidates can refer this information and prepare well for the exam.
MPPKVVCL Vidyutkar Syllabus for General English
- Verb.
- Tenses.
- Voice.
- Subject-Verb Agreement.
- Articles.
- Comprehension.
- Fill in the Blanks.
- Adverb.
- Error Correction.
- Sentence Rearrangement.
- Unseen Passages.
- Vocabulary.
- Antonyms.
- Synonyms.
- Grammar.
- Idioms & Phrases, etc.
MPPKVVCL Arithmetic Syllabus
- Percentages.
- Boats & Streams.
- Data Interpretation
- Averages.
- Profit and Loss.
- Problems on Ages.
- Simplification.
- Interest.
- Pipes & Cisterns.
- Time & Distance.
- Time & Work.
Madhya Pradesh PKVVCL Reasoning Syllabus
- Directions.
- Arithmetical Reasoning.
- Decision Making.
- Blood Relations.
- Clocks & Calendars also.
- Mirror Images.
- Number Series.
- Alphabet Series.
- Non-Verbal Series also.
- Analogy.
- Coding and Decoding.
- Number Ranking.
- Cubes and Dice.
- Embedded Figures also.
MPPKVVCL Vidyutkar Syllabus for General Knowledge
- Important Days.
- Indian History.
- Books and Authors.
- Indian National Movement.
- Awards and Honours.
- Budget and Five Year Plans.
- General Polity.
- Current Affairs – National & International.
- Indian Economy.
- Capitals of India.
- International & National Organizations.
- Science – Inventions & Discoveries.
- Science & Technology.
- Sports.
- Abbreviations.
- Countries & Capitals.
Line Attendant Electrical Syllabus
- AC Fundamentals.
- Utilisation of Electrical Energy.
- Power Systems.
- Power Electronics & Drives.
- Network Theory.
- Electrical Machines.
- Basic Electrical Engineering Concepts.
- Analog and Digital Electronics.
- Magnetic Circuit.
- Estimation and costing.
- Measurement and measuring instruments.
- Basic Electronics etc.
These Syllabus Topics given for reference purpose only for the MPPKVVCL applied Aspirants. When the official website realises the syllabus, we will provide on our site. For Daily Employment News keep visiting our website.
Madhya Pradesh PKVVCL Line Attendant Syllabus
The MPPKVVCL Applicants are now searching for the Syllabus. For that here we provide the MPPKVVCL Syllabus for the Aspirants. After the examination completed we will provide Madhya Pradesh Paschim Kshetra Vidyut Vitaran Answer Key. For more Latest govt Jobs keep in touch with us.
Click here for Madhya Pradesh Syllabus for Line Attendant Posts
Click here for MPPKVVCL Line Attendant Previous papers
The Previous Papers helps the candidates for time management. It is the main factor in the written test.
Madhya Pradesh PKVVCL Recruitment Details
Organization Name: Madhya Pradesh Paschim Kshetra Vidyut Vitaran Company Limited.
Post Name: Line Attendant.
No of Vacancies: 573 Posts.
Job Location: Madhya Pradesh.
Category: Syllabus.
Official Website: www.mpwz.co.in
Last Date: 20th September 2016.
Exam Date: 23rd October 2016.

subset: commoncrawl


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Over 1.8 million nonprofits and charities for donors, volunteers and funders
Causes: Family Services
Mission: We provide services to individuals and families in mid-michigan to promote emotional well-being through counseling, education and support.
Programs: Individual & family services - masters level therapists provide mental health counseling and therapy for invidivuals, couples and families. Pre & post natal services are also provided to help clients deal with feelings, fears and concerns about pregnancy, birth, parenting or pregnancy loss. Youth services are also provided to young people, age 13 - 17 and their families that focus on communication and problem solving, keeping families together, and keeping young people off the streets and out of the juvenile court system. Substance abuse counseling services are provided for individuals and families affected by chemical dependency. These services served 1218 new clients in 2014. 10,202 was donated in internship services.
community outreach services - includes prevention services, which include activities such as education, awareness and identification and assessment to address underage tobacco, alcohol and drug use, first time involvement with the legal system, and participation in high risk behaviors before, during, or after pregnancy. Also includes camp iknowme, a collaborative effort to provide a six-week summer camp for high-risk adolescents, ages 13-15. Activities include psychoeducation groups for substance use prevention and value clarification, creative expression, structured recreation, volunteer experiences and community field trips. These services served 21 new clients in 2014. 1,704 was donated in internship services.
employee assistance program - an employer sponsored service that offers professional and confidential assistance to help employees with problems that may arise individually or in the family. The program has been shown to reduce workplace problems and increase productivity. These services served 80 new clients in 2014.


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Published on
The New Disability History, which seeks to trace the changing meanings attached to impairments over time, has alerted us to the contingent and protean nature of disabilities, and exposed the fuzzy boundaries between embodied impairments and culturally constructed disablements. The borderlands of disabilities are often diffuse, and different groups of individuals have moved within or through them over time.
In the decades immediately following the Second World, the group of classifications we now call 'intellectual disabilities' was in a state of flux. Australian parents with 'mentally retarded' youngsters had emerged as a new political force, organising themselves into large, influential voluntary bodies, and driving particularly rapid shifts in both popular and scientific understandings of who constituted the 'mentally retarded' group, and the needs, abilities and potentialities of its constituents.
A key concern of the parent organisations was shifting public perceptions of their children's place in the national community, and ability to participate in it: were their offspring 'retarded citizens', able to play a genuine part in society, or were they something less, requiring sympathetic care and charity, but segregation from the broader world? The answer to these and similar questions dictated the types of facilities voluntary organisations established for their 'children,' and the outcomes expected from them.
Using 'sheltered workshops' as a case study, I trace the genealogies of 'occupation therapy,' 'rehabilitation' and 'special education' in Australia, examine the discourses deployed by voluntary organisations when discussing the establishment of facilities for 'retarded' Australians, and assess the success of these establishments in transforming the position of 'retarded' people in our community.


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Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Randall Hoyt
(517) 962-8803
Email Agent
Randall Hoyt
(517) 962-8803
Email Agent
Property DetailsThis move-in ready 2 Bedroom, 2 Bath Ranch home has been well cared for and offers a nice neutral decor. You'll appreciate the convenient location as well as the quiet setting within this low traffic neighborhood. The lovely kitchen opens to a large dining area, a great 3-Season Room leads out to the nicely kept backyard, offering the perfect space to relax and enjoy gatherings. Character finishes include curved archways and a coved ceiling in the spacious living room and bedrooms. The finished basement space offers multi-use opportunities with walk-up egress, a living area, a full finished bath and a spacious laundry/storage room. All appliances, including the washer & dryer, will remain with the home. The oversize garage, plus an additional enclosed carport take care of your parking needs, 2 sheds make for great extra storage!
Area Recent Sales
Area Detailed Information
Area Schools
Area Weather
Area Cost Index
Mortgage Calculator
Additional Property InformationThis single family listing located at 380 Seneca Dr, Jackson, MI boasts two bedrooms and two bathrooms. The property is currently offered at $109,900.
This property is listed by Randall Hoyt of Howard Hanna Real Estate Services (PA-NY-WV-MD) based in Pennsylvania.


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Dick Cheney's eldest claims that the EPA and the Clean Water Act pose "a much greater threat" to America than global warming.
Angry customers are organizing boycotts, signing petitions, and pushing Whole Foods to stop carrying Eden products.
Just like Hobby Lobby, Eden Foods has sued the Obama administration, claiming its owner's religious rights should trump employees' rights to access contraception.
The president is about to launch the largest climate change initiative in U.S. history, and it's not because he's a tree-hugging hippie.
In an interview with Grist, EPA Administrator Gina McCarthy and Energy Secretary Ernest Moniz suggested that frackers might need to be more forthcoming about their chemical cocktails.
The administration is giving federal agencies more time to weigh in on the pipeline. That means a decision will probably be pushed past the midterm elections.
Thirty U.S. senators stayed up all night long on Monday to talk about climate change. Did your senators join in the fun?
His Berkshire Hathaway investment group owns many of the flimsy rail cars used to transport oil, and it has vigorously fought tighter regulation.
ERM, which wrote the environmental study on Keystone XL, did dodgy and deceptive stuff, but none of it amounted to serious rule breaking, says the State Department's inspector general.


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*** *** **** 4 World of ****** *****
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text:
- Adult Adventure
- Some Body Parts
- Tools and Tapers
- Accessories
- Straight Barbells
- Curved Barbells
- Replacement Parts
- 14k Gold Only
- Earlets & Tunnels
- Segment & Seamless Rings
- Captive Bead Rings
- Ear Plugs
- Hide Your Piercing
- Genuine Diamond Jewelry
- Organics
- Spirals & Claws
- Circular Barbells
- Charms
- Fixed Bead Rings
- Screwball Rings
Adult Adventure
Internally Threaded Gem Set Straight Barbell$36.99An INTERNALLY THREADED Gem Set Straight Barbell made out of 316LVM Surgical Steel is a gorgeous jewelry piece made to enhance your style. It has a sparkly colored gem on top that is sure attract attention. Gems are available in many different colors so you are sure to find the one you like. Learn More
14K Gold - Curved Barbell$81.9914k Gold – Curved Barbell is an elegant jewelry piece suitable for many piercing types (belly piercing, ear piercing, eyebrow piercing, genital piercing, and more). This classy curved barbell is made of solid, nickel-free gold with simple yet elegant balls on both ends. Learn More
14k Gold Double Bezel Set Straight Barbell$128.9914k Gold Double Bezel Set Straight Barbell is a sparkly jewelry piece that will sure dress up your piercing nicely. This is a great way to accentuate your piercing and try something new. This is a very sexy addition to your body jewelry collection! Learn More
14K Gold - Captive Rings with Specialty Beads$31.9914K Gold - Captive Rings with Specialty Beads are elegant Captive Bead Rings with unique bead styles. The rings are made of solid, nickel-free gold. There are 24 different bead designs to choose from. Learn More
14K Gold - Bezel Set Ring$68.9914k Gold – Bezel Set Ring is a beautiful pierce ideal for many different piercing types. This gorgeous ring has an elegant bezel setting and a sparkly gem that will sure attract a lot of attention to your piercing. Learn More
Double Disc Curved Barbell$30.99Double Disc Curved Barbell is an elegant and reliable jewelry piece. You can wear it anywhere you wear a typical curved barbell. What makes this piece special are polished disks on ends. They are beautifully incorporated into design instead of classical balls. Learn More
14K Gold - Screwball Ring$63.9914K Gold - Screwball Rings are elegant rings suitable for almost any piercing. These rings provide great functionality and have beads that can be attached to the ring. This improves security of the ring and makes it less likely to lose the bead. Learn More
14K Gold - Segment Ring$131.9914K Gold - Segment Ring is an elegant jewelry piece made for functionality. Instead of beads, this ring uses tight segments that fit nicely into each other, making the ring more secure and durable. Learn More
Genuine Diamond Prong Set Solitaire - Curved Barbell$298.99 As low as: $288.99Genuine Diamond Prong Set Solitaire - Curved Barbell is a stunning jewelry piece ideal for those who appreciate luxury. This classy navel jewelry piece will decorate your piercing with amazing sparkle of real diamonds. This is truly a one of a kind piece you will love to wear for special occasions. Learn More
Titanium Double Gem Set Curved Barbell$48.99Titanium Double Gem Set Curved Barbell is a beautiful jewelry piece you can wear in almost any piercing type. This gorgeous barbell includes two sparkly gems, so it's a truly eye-catching piece. Many different barbell and gem colors available to create a customized jewelry piece you will love to wear! Learn More


text:
Play: Space Guardians
Related Games
Description: Space Guardians
Description: Play online the best and the coolest 3d unity space spaceship games here on BrightestGames. Cool new game like this Space Guardians games. Space Guardians it's as a brand new Unity 3d shooting and defend game. This game has really stunning graphics. This easy shooter space game takes you in a ballistic flight through outer space. You will fly with your spacecraft between a variety of spaceships and meteors and you have to try to destroy them. To play the game use mouse. Try to come as far as possible and collect your points. Use the artillery you find on your path.
Control: Use your mouse to navigate your spaceship
Tags: space guardians, plane games, space, mission, survival, shooting and defend games
New racing games, shooting games, car games, bike games and sport games are added weekly! Space Guardians Games


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Slide to see the images
Meet Sebastian, he is a 4-5 year old Chi. He is the biggest cuddle bug. He can be a little selective with people. He loves to give kisses and loves his belly rubbed. His adoption fee of 150 includes his neuter, microchip, shots up to date of adoption, a month of pet insurance, and a wellness check at our vet within 72 hours of adoption. If you in adopting this boy please download the adoption application found @ katesrescue.org and save it as a word document. After completed you can email the application as an attachment to email@example.com with the header "Sebastian".


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Feeling Stressed? It's Probably Harming Your Health.
If you believe stress is affecting your health, you are probably right, a new study concludes, and that perception may increase your risk for heart disease. New York Times, 07/01/2013. (Also see: Causes of Scleroderma: Stress)
This item was posted in the ISN Newsroom. Please check the newsroom daily for updates on scleroderma and other related articles.


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Sold out
Grey & Blue Floral 'Camellia' Dress
Unfortunately this item has sold out. Add it to your Wish List to receive an email if it becomes available again.
Model: Height 123cm (average 7 years)
Size of dress shown in the photo: 6 years
- Product number 134654
- 92% cotton, 8% elastane (soft jersey)
- Machine wash (40*C)
- Designer colour: Porcelain Flowers
- Style name: Camellia


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Kevin Durant
Rowdy Rebel
GS9's Rowdy Rebel may still be locked up behind bars, but that's not stopping new music of his from finding its way online. Tonight, a new track from Rowdy has surfaced called "Kevin Durant", and its exactly what you think.
Off Da Bench
Lil B
This choice cut from Lil B's new Hoop Life mixtape is for all the aspiring athletes out there (ball players especially) who are stuck on the bench at the moment. May this become your anthem - use it to overcome those obstacles and take your game to the next level. Let us know what you think of it generally, though.
Fuck KD (Kevin Durant Diss)
Lil B
Kevin Durant made the very anti-based move of calling Lil B wack, and ever since the two have had a minor feud, sometimes going back and forth on Twitter. The Based God has actually challenged KD to a game of one on one, but so far the two have not gone head to head.
Whole Life
Kevin Durant Feat. Privaledge & Josh Sallee
"Whole Life" is the latest offering from Oklahoma City Thunder star forward Kevin Durant, featuring OKC natives Privaledge and Josh Sallee with production from CL McCoy. Can you dig it? Quotable Lyrics "A young boy know the game, and it's all for pimpin' / Any bad chick that's around, she gon' fit the description / A 6'11" with a skinny frame / Killer game - first case of women, I ain't been the same." -Kevin Durant
Some Winners
Chevy Woods Feat. Privaledge & Kevin Durant
Check out Some Winners (Prod. by CL McCoy), the latest track from Chevy Woods, featuring Privaledge & Kevin Durant which dropped on Monday, November 26th, 2012. Chevy Woods's movement grows stronger with each new release, and Some Winners (Prod. by CL McCoy) has further strengthened that fact. It's a solid addition to the commendable body of work Chevy Woods has been creating since stepping foot in the rap game, and we're definitely looking forward to what Chevy Woods has on deck.
Tha Formula
Kevin Durant Feat. B-Simp
Give Tha Formula (Produced By CL Mccoy) a listen - it's a new offering from Kevin Durant, featuring B-Simp. It was dropped on Saturday, November 24th, 2012. Kevin Durant's musical situation is improving with every new release, and Tha Formula (Produced By CL Mccoy) will most definitely help the cause. It's a fine addition to the growing body of work Kevin Durant has been developing since stepping foot in the game. We're looking forward to what Kevin Durant has in store.
Rolls Royce
Privaledge Feat. Kevin Durant
Privaledge's movement grows stronger with each new release, and Rolls Royce (Prod. by E. Jones) has further strengthened that fact. It's a solid addition to the commendable body of work Privaledge has been creating since stepping foot in the rap game, and we're definitely looking forward to what Privaledge has on deck.
Wired/Paid In Full
Privaledge Feat. Kevin Durant
Bump Wired/Paid In Full (Prod. by Boi1da), the latest cut from Privaledge featuring Kevin Durant on the assist. It was released on Thursday, April 12th, 2012. Things are improving for Privaledge with each new offering, and Wired/Paid In Full (Prod. by Boi1da) is certainly no exception. It's a worthy addition to the Privaledge's catalogue, which has seen much evolution as of late. We're definitely anticipating the next step.
Worried Bout Tomorrow
Kevin Durant Feat. Privaledge
Stream Worried Bout Tomorrow, the newest drop from Kevin Durant which features Privaledge. The cut was released on Tuesday, February 7th, 2012. Kevin Durant continues to impress with each new leak, and Worried Bout Tomorrow is no exception. It's strengthens Kevin Durant's already impressive body of work, which has seen positive change over the years. We're most definitely anticipating Kevin Durant's next offering.


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Would you like to save as your currency permanently or for this visit only?
Experience the charm of a bygone era in our beautifully restored 1826 classic Victorian located in Waterbury, Vermont, in the heart of the Green Mountains and Vermont's recreational crossroads. Listed in the National Register of Historic Places, the inn has 11 beautiful rooms with antiques throughout. 5 Restaurants and shopping within walking distance. Minutes to world-class skiing, hiking, biking, water sports and Home of Ben & Jerry's Ice Cream. Sumptuous complimentary full country breakfast. Just one-half mile south of I-89, Exit 10, in the village of Waterbury. AAA approved. Extended stay discounts. Non-smoking. Children welcome.


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text:
25 number ones [sound recording]] / Conway Twitty.
CD Music recording
Available copies
- 2 of 2 copies available at Evergreen Indiana.
Current holds
0 current holds with 2 total copies.
|Call Number / Copy Notes
|Shelving Location
|Due Date
|Batesville Memorial Public Library - Batesville
|CD COUNTRY 818 (Text)
|CD Collection
|LaGrange County Public Library - LaGrange
|CD COU TWI (Text)
|Main Floor: Music
Record details
- Physical Description: 1 sound disc : digital ; 4 3/4 in.
- Publisher: Nashville TN : MCA Nashville ; p2004.
Content descriptions
|General Note:
| Compact disc.
|Formatted Contents Note:
| It's only make believe -- Next in line -- Hello Darlin' -- After the fire is gone (duet with Loretta Lynn) -- Lead me on (duet with Loretta Lynn) -- I can't stop loving you -- Louisiana Woman, Mississippi Man (duet with Loretta Lynn) -- You've never been this far before -- There's a honky tonk angel (who'll take me back in) -- As soon as I hang up the phone (duet with Loretta Lynn) -- I see the want in your eyes -- Linda on my mind -- Touch the hand -- After all the good is gone -- Play, guitar, play -- Don't take it away -- Happy birthday Darlin' -- I'd love to lay you down -- Rest your love on me -- Tight fittin' jeans -- Red neckin' love makin' night -- The clown -- Slow hand -- I don't know a thing about love (The moon song) -- Desperado love.
|Participant or Performer Note:
| Conway Twitty ; with Loretta Lynn and accompanying musicians.
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You know when you get an idea and you're like yes... YES! This will work. This will be very very cool. Well 9 times out of 10 those ideas do NOT work for me. But this? This was the one. I want to wrap all of the things. Let me bring you back to this lovely Goodwill lamp. $12 BUT 50% off... so … [Read more...]
Day 3: Ornamental OverloadTrust tree... this post *might* contain affiliate links: see my disclosure here
A few weeks ago, I snagged these simple clear (plastic) ornaments at Michaels for next to nothing (I wanna say they were on sale for $.50, but I may have spent big and paid the full $.99 on the tag). In an ideal world, I would have my craft room all set up with Christmas music playing in the … [Read more...]


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Grenada Touts $200,000-Per-Family Citizenship
- Details
- Monday, 4 July 2016 07:04
Grenada is the latest entrant to the $2 billion cash-for-citizenship sweepstakes, touting its pristine beaches, friendly locals and luxury real estate industry as an ideal match for wealthy investors looking for a second passport. How does the Caribbean nation stack up against other passport schemes?
Officials from Grenada are selling second citizenships to wealthy individuals as part of a plan to bolster the Caribbean island's empty coffers.
Second passports have until now been the domain of the super-rich, typically from less politically secure and stable countries, who are seeking to bring part or all of their assets outside their home. A wealth-friendly tax system, burgeoning real estate investment industry, and easy access to the U.K. and China.
Grenada's Pitch to Wealthy
For Grenada's government, the program offers a welcome boost to their battered finances. The country has spent heavily to rebuild its infrastructure after two devastating hurricanes two years running, and its modest economic growth is based largely on tourism, a university in capital St. George, and exports of spices such as nutmeg.
Grenada is attempting to expand its economy to services like call centers, to renewable energy and to health tourism. Until these newer avenues render a profit, Grenada has reopened an existing citizenship program from 2014 to raise money. The country is also seeking investment into real estate, mainly luxury residential and tourism projects.
Private Bankers As Conduits
Government minister Alexandra Otway-Noel has traveled to wealth hubs like London and Zurich in recent weeks to make the country's pitch to the coterie of helpers that wealthy people deal with: tax lawyers,private bankers and accountants. Her push underscores the fact that private bankers no longer simply cater to the financial affairs of the wealthy; their role can extend to that of lifestyle consultant as well.
Acquiring another passport is an increasingly common device employed by the wealthy for a variety of reasons: lowering their tax bill, building a nest egg in safety if their home is politically unpredictable, or as a base if their children are being educated at prestigious schools such as in the U.S. or U.K.
Ranked 91st in «League Table» of Passports
For all its South Caribbean charms, Grenada doesn't rate highly among those in the market for another passport. Grenada just shades it into the top-100 most attractive citizenships at 91st place, according to a «quality of nationality» index compiled by Henley & Partners which rates the attractiveness of citizenships. The most desirable passports are German, Danish or Finnish.
So what does the island nation, most closely identified with beach tourism, have to offer?
How Does Grenada Stack Up?
Not badly, it turns out, at least financially. Grenada represents an exceedingly affordable option in the world of bought passports: a family of four can be naturalized for a mere $200,000. By contrast, desirable European Union passports like Portugal or Malta are far pricier, and are often linked to direct investments in the country – and they are also controversial in the bloc.
Grenada's biggest draw is a way into the U.S. and U.K. through the backdoor. As part of the Commonwealth realm, those from Grenada can travel to the U.K. without a visa. And with «substantial» investment, Grenadians can live and work in the U.S. via a so-called E-2 visa, which can be renewed in the U.S. infinitely.
No Taxes
Otway-Noel, Grenada's minister of implementation, said her target is 100 to 150 applications per year, which are subject to a due diligence process.
Grenada is offering a decidedly faster track to a second passport than other nations – indeed, applicants can become Grenadian without ever setting foot on the island. There is no requirement to buy a home, reside, or make any financial investments, though a budding luxury real estate industry is hoping many choose to anyway. Grenada doesn't levy income, capital gains or inheritance on its new citizens, Otway-Noel said.
No English Required
Perhaps most interesting for an English-language nation, Grenada won't require new citizens to actually speak its language. This is sure to make the island an extremely popular choice with affluent Russians and Chinese, where foreign languages are less commonly spoken than in Europe. Grenadian passport-holders can also travel to China without a visa.
It can also be expected that Americans, who are giving up their citizenship in droves to escape U.S. taxation, would opt for Grenada based on its affordability, common language, and proximity – capital St. George is a flight of three and a half hours from Miami.
«Shady Characters Need Not Apply»
With its fast-track application process and an opaque vetting scheme, Grenada is destined to attract ill-gotten money looking for a haven. Otway-Noel insisted that Grenada does not want to «play games with our freedoms and diplomatic credibility» in pursuing the passport scheme.
A recent example from Grenada's neighbor in the Caribbean, St. Kitts, shows how an adopted homeland isn't a get-out-of-jail-free card. St. Kitts revoked an American lawyer's passport after he was accused of pilfering funds to buy it, the «FT» reported.
Otway-Noel hinted heavily that Grenada would take a similar line: «Those with a shady past need not apply,» she told finews.ch at a recent event in Zurich. She didn't rule out revoking the passports of citizens should dirty dealings emerge later.
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text:
ERIC Number: ED041967
Record Type: RIE
Publication Date: 1970-May-28
Pages: 9
Abstractor: N/A
Reference Count: 0
A Study of Intellectual and Socioeconomic Factors Related to Rote Learning Reasoning and Academic Achievement.
Bell, Anne E.; Aftanas, M. S.
The purpose of this study was to test some of the controversial issues raised by researchers studying the performances of children of middle class and low socioeconomic status (SES). In addition to studying the effects of SES and levels of intelligence on rote learning and more complex reasoning processes, the effects on reading achievement of different combinations of learning skills and environmental factors were examined. The subjects were 35 children in each of the three groups low, middle, and high SES, chosen at random from grade 1 classes in three school areas. All of the children were approximately six years in age. In a pre-grade 1 battery of psychological tests, the children had been examined for ratings in the Sprigle School Readiness Screening Test and the Stanford-Binet Test. Raven's Progressive Matrices and a word recognition list were presented when the children had been in Grade 1 for four months. To investigate more specifically the effects of intelligence and SES, four criterion groups of twelve children were selected and a 2 x 2 factorial analysis of variance was applied to the test results of the 48 children. Results indicated that rote skills and more complex reasoning processes do not seem to be differentially distributed among SES classes. It is held, however, that SES undoubtedly is a highly significant factor where scholastic achievement is concerned. (RJ)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Raven Progressive Matrices; Sprigle School Readiness Screening Test; Stanford Binet Intelligence Scale
Note: Paper presented at the Annual Meeting of the Canadian Psychological Association, Winnipeg, Manitoba, May 28, 1970


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September 12, 1995
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 94 C 3921--Paul E. Plunkett, Judge.
Before COFFEY, FLAUM, and MANION, Circuit Judges.
David Rice ("Rice") filed a medical malpractice complaint in the circuit court for Cook County, Illinois against Doctors Kanu Panchal (Panchal) and Rodrigo Sotillo (Sotillo) for injuries he received as a result of their allegedly negligent treatment. Rice had sought medical treatment under a welfare benefits plan that named Sotillo as a designated care provider, so Rice also sued the plan administrator, the Prudential Insurance Company of America ("Prudential"). Rice alleged that Prudential was liable for the medical malpractice of Sotillo under the state law theory of respondeat superior. Prudential removed the complaint to federal court under the doctrine of complete preemption, and later, the district court dismissed Rice's complaint against Prudential on the grounds that he had no remedy under ERISA. Rice appeals, alleging that there was no federal jurisdiction because his state law claim was not subject to complete preemption under ERISA. For the reasons given below, we reverse the district court.
I. Background
Handy Andy, Inc. ("Handy Andy") provides its employees with welfare benefits pursuant to an ERISA welfare benefits plan (the "Plan"). The Plan is a group insurance contract issued by Prudential. By its terms, the Plan pays specified portions of costs incurred to receive medical services from "Prudential Health Care Providers." The Plan provides for insurer administration. Prudential, the insurer, administers the Plan and is a named fiduciary with respect to medical benefits. Pursuant to its responsibilities under the Plan, Prudential disseminated a list of Prudential Health Care Providers; Sotillo was on that list.
David Rice is an employee of Handy Andy and a participant in the Plan. Initially, Rice received treatment from Sotillo. Later, Sotillo referred Rice to Panchal, who is not a Prudential Health Care Provider, and Rice was treated by Panchal. Rice became seriously handicapped and brought a medical malpractice action against Panchal and Sotillo in the circuit court for Cook County, Illinois. In his complaint, Rice also alleged that Prudential was liable for the medical malpractice of Sotillo under the state law doctrine of respondeat superior. According to his complaint, Prudential owed Rice a duty to use reasonable care and breached that duty through Sotillo, its agent.
Prudential removed the case to the federal court, alleging federal question jurisdiction under ERISA's complete preemption provision, asserting that Rice's state law claim was preempted by ERISA. The district court agreed and dismissed Rice's claim against Prudential. On appeal, Rice argues that the district court did not have federal question jurisdiction because ERISA does not completely preempt claims against ERISA plan administrators premised on the state law doctrine of respondeat superior. The Secretary of Labor (the "Secretary") has appeared as amicus curiae to second Rice's cause.
II. Analysis
This case requires us to explore the difference between "conflict preemption" under sec. 514(a), see Ingersoll-Rand v. McClendon, 498 U.S. 133, 145 (1990), and "complete preemption" under sec. 502(a), see Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 63 (1987), of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. sec. 1001 et seq. But in order to understand the importance of this distinction it is necessary to begin with the principles governing the removal jurisdiction of federal courts under 28 U.S.C. sec. 1441. Under that section "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States. . . ." 28 U.S.C. sec. 1441(b). Whether removal was proper in this case depends upon whether we have "federal question" jurisdiction under 28 U.S.C. sec. 1331, which gives federal courts jurisdiction over cases that "arise under the Constitution, laws, or treaties of the United States." 28 U.S.C. sec. 1331.
Ordinarily a court determines whether there is federal question jurisdiction by examining the plaintiff's well-pleaded complaint, for "[i]t is long-settled law that a cause of action arises under federal law only when the plaintiff's well pleaded complaint raise issues of federal law." Taylor, 481 U.S. at 63. In contrast, "[t]he presence of a federal question . . . in a defensive argument does not overcome the paramount policies embodied in the well-pleaded complaint rule--that the plaintiff is the master of the complaint, thE4$a federal question must appear on the face of the complaint, and that the plaintiff may, by eschewing claims based on federal law, choose to have the cause heard in state court." Caterpillar Inc. v. Williams, 482 U.S. 386, 398-99 (1987) (emphasis supplied). Put another way, federal preemption that merely serves as a defense to a state law action (sometimes called "conflict preemption") does not confer federal question jurisdiction. Franchise Tax Bd. of State of Cal. v. Construction Laborers Vacation Trust for Southern Cal., 463 U.S. 1, 9-12, 25-27 (1983); Lister v. Stark, 890 F.2d 941, 943 & n.1 (7th Cir. 1989), cert. denied, 498 U.S. 1011 (1990). Thus the defendant cannot cause a transfer to federal court simply by asserting a federal question in his responsive pleading.
The application of the complete preemption doctrine in the ERISA context originated in Franchise Tax Board, supra, where the Supreme Court observed that an action "that was not only preempted by ERISA but came within the scope of sec. 502(a)" might be subject to complete preemption. Franchise Tax Board, 463 U.S. at 24. Later, in Taylor, supra, the Court held that a plaintiff's common law claims were completely preempted by ERISA, because they were within the scope of sec. 502(a)(1)(B). Taylor, 481 U.S. at 64, 66. These cases establish that, under ERISA, sec. 502(a) provides the basis for complete preemption whereas sec. 514(a) provides the basis for conflict preemption. *fn1
The difference between complete preemption under sec. 502(a) and conflict preemption under sec. 514(a) is important because complete preemption is an exception to the well-pleaded complaint rule that has jurisdictional consequences. Lister, 890 F.2d at 943 & n.1. If a state law claim has been "displaced," see Taylor, 481 U.S. at 60, and therefore completely preempted by sec. 502(a), then a plaintiff's state law claim is properly "recharacterized" as one arising under federal law. Taylor, 481 U.S. at 64; Sofo v. Pan-American Life Ins. Co., 13 F.3d 239, 241 (7th Cir. 1994); Bartholet v. Reishauer A.G. (Zurich), 953 F.2d 1073, 1075 (7th Cir. 1992). *fn2 But state law claims that are merely subject to "conflict preemption" under sec. 514(a) are not recharacterized as claims arising under federal law; in such a situation, the federal law serves m3hxPdefense to the state law claim, and therefore, under the well-pleaded complaint rule the state law claims do not confer federal question jurisdiction. Thus, complete preemption under sec. 502(a) creates federal question jurisdiction whereas conflict preemption under sec. 514(a) does not. See Lister, 890 F.2d at 943 and n.1. The difference in language between secs. 502(a) and 514(a) underscores the significant difference in the scope of the two sections. See Harris v. Provident Life and Acc. and Ins. Co., 26 F.3d 930, 933-34 (9th Cir. 1994); Warner v. Ford Motor Co., 46 F.3d 531, 534 (6th Cir. 1995); Dukes v. U.S. Healthcare, 57 F.3d 350, 355 (3d Cir. 1995); Lupo v. Human Affairs Intern., Inc., 28 F.3d 269, 273 (2d Cir. 1994). If a claim is within the scope of sec. 502(a), then a participant's ability to recover damages is limited. See Mass. Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 144 (1985). In this case, we must determine whether Rice's effort to hold Prudential liable for the medical malpractice of Sotillo under state common law principles of respondeat superior is "within the scope of sec. 502(a)," see Franchise Tax Board, 463 U.S. at 24; Taylor, 481 U.S. at 66, and therefore completely preempted under ERISA.
On appeal, both Rice and the Secretary argue that Rice's state law claim is not subject to complete preemption. The Secretary argues that Rice's claim is not within the scope of sec. 502(a) preemption because no provision of ERISA protects a plan participant's interest in being free from medical malpractice, and implicitly, the state law of vicarious liability that determines who is liable for that malpractice. *fn3 In part the Secretary's argument rests upon the term "replace" (as opposed to "displace") that has been repeatedly rejected. For when the Secretary discusses sec. 502(a)'s preemptive force, he argues that it only replaces state law to the extent that it actually substitutes federal substantive law (and a federal cause of action) for a state law (and state cause of action).
That is clearly not the case. For example, in Taylor, supra, the Supreme Court held that the plaintiff's state common law contract and tort claims were preempted by sec. 502(a), even while noting that only the common law contract action to recover benefits fell directly under sec. 502(a). Taylor, 481 U.S. at 62-63. Likewise, the cases after Taylor have held that state common law contract and tort claims are preempted by sec. 502(a), and have uniformly emphasized that sec. 502(a)'s preemptive force is modeled after sec. 301 of the Labor Management Relations Act which also displaces, but not necessarily replaces, state law. See Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 52-56 (1987); Ingersoll-Rand, 498 U.S. at 144. And this court has recognized that sec. 502(a) displaces state claims that it does not necessarily replace with federal claims. Lister, 890 F.2d at 946 ("The availability of a federal remedy is not a prerequisite for federal preemption"); Thomason v. Aetna Life Ins. Co., 9 F.3d 645, 647 (7th Cir. 1993) (same). Thus, we must reject the Secretary's assertion that Rice's claim is not completely preempted simply because ERISA contains no provision that can be used to hold a plan administrator vicariously liable for the medical malpractice of doctors providing services under the Plan. Rather, the question is whether Rice's claim against Prudential is within the scope of sec. 502(a), see Taylor, 481 U.S. at 64-65, and therefore completely preempted.
Although the precise boundaries of sec. 502(a)'s complete preemption are not clear, one prerequisite of complete preemption under sec. 502(a) is a plaintiff eligible to bring a claim under that section. Thus, in Franchise Tax Board, the Court held that sec. 502(a) did not completely preempt the State of California's effort to garnish ERISA plan benefits and obtain a declaratory judgment that ERISA provided no defense to the garnishment. The Court rejected this argument even as to the declaratory relief claim which it characterized as "within the class of questions for which Congress intended the federal courts to create a federal common law." Franchise Tax Board, 463 U.S. at 26. The overlapping (and least conclusory) rationale for its decision that sec. 502(a) did not completely preempt either state law action was that the State could not act as a plaintiff to bring suit under sec. 502(a). Franchise Tax Board, 463 U.S. at 26. In contrast, when the Court found the plaintiff's state common law contract and tort (emotional distress) claims preempted in Taylor, supra, it reasoned that the legislative history of ERISA "consistently sets out this clear intention to make sec. 502(a)(1)(B) suits brought by participants or beneficiaries federal questions for the purpose of federal court jurisdiction. . . ." Taylor, 481 U.S. at 66; see also Sofo, 13 F.3d at 241 (plaintiff was plan participant such that wrongful rescission claim--effectively a claim for benefits under the plan--was completely preempted under sec. 502(a)); cf. Harris, 26 F.3d at 933-34 (plaintiff's contract and misrepresentation claims against ERISA plan administrator were not completely preempted because plaintiff was not a plan participant who could bring suit under sec. 502(a)). So it seems clear that the ability to bring suit under sec. 502(a) is an element of "complete preemption." And it is in this sense that we have observed "[p]reemption is what wipes out state law, but the foundation for removal is the creation of federal law to replace state law." Bartholet, 953 F.2d at 1075. For unless the federal law has created a federal remedy--no matter how limited--the federal law, of necessity, will only arise as a defense to a state law action.
Taylor, supra, shows that another element of complete preemption under sec. 502(a) is, of course, a claim within the subject matter of that section. In Taylor, the Court held that a plaintiff's common law contract and tort claims were completely preempted by sec. 502(a) because his claim for benefits was within the scope of sec. 502(a)(1)(B), which was the plaintiff's exclusive means of recovering benefits under an ERISA plan. Taylor, 481 U.S. at 66. In Pilot Life, supra, the Court also examined the scope of sec. 502(a) when it held that the plaintiff's state law action for bad faith was not saved from preemption under sec. 514(b)(2)(A), because sec. 502(a), 29 U.S.C. sec. 1144(b)(2)(A), was the exclusive vehicle for asserting claims based on the improper processing of benefits. 481 U.S. at 52-56. Subsequently, the Court has indicated that there is complete preemption under sec. 502(a) whenever a plaintiff's cause of action falls within the scope of an ERISA provision that the plaintiff can enforce via sec. 502(a). See Ingersoll-Rand v. McClendon, 498 U.S. at 142-45 (state common law action for "wrongful-dischargeto-defeat-pension-benefits" was preempted under sec. 514(a) because it was premised on the existence of a plan, and also, because the state law action was displaced under sec. 510 as enforced via sec. 502(a)). *fn4
This brings us to the issue in this case: we must determine whether Rice's effort to hold Prudential liable for the medical malpractice of Sotillo under state common law of respondeat superior is properly recharacterized as a suit within the scope of sec. 502(a) that is subject to complete preemption. See Taylor, 481 U.S. at 66 (common law contract and tort--emotional distress--claim); Sofo, 13 F.3d at 241 (wrongful rescission of contract); Lupo, 28 F.3d at 272-73 (negligent hiring and supervision); Warner, 46 F.3d at 534 (age discrimination); Dukes, 57 F.3d at 352-53 (agency). On its face, Rice's claim that Prudential is liable for the medical malpractice of Sotillo does not rest on the terms of Handy Andy's ERISA plan. For starters, Rice does not claim that he did not receive the benefits due to him under the Plan, which are payments of the costs of medical services, not the medical services themselves. He does not claim that the Plan guarantees that Prudential Health Care Providers would provide malpractice-free medical care or that the Plan provides coverage for injuries caused by medical malpractice. Nor does Rice claim that Prudential was negligent when it selected Sotillo to be a Prudential Health Care Provider and held Sotillo out as such; he claims that Prudential is liable for the alleged malpractice of Sotillo regardless of how he was selected. In fact, Rice has repeatedly denied that his claim against Prudential rests upon any express or implied term of the Plan. Instead, Rice has insisted that his right to hold Prudential liable for the medical malpractice of Sotillo arises from the state law of respondeat superior, not the Plan. Likewise, both Rice and the Secretary argue that his claim is not completely preempted under sec. 502(a) because, they argue, complete preemption under sec. 502(a) is limited to state law claims arising from benefit determinations and violations of ERISA.
However, the only evidence in the record of any agency relationship between Prudential and Sotillo concerns Prudential's designation of Sotillo as a Prudential Health Care Provider pursuant to its administration of the Plan, and "Prudential Health Care Provider" is a defined term under the Plan. *fn5 Further, we note that Rice has not alleged that Panchal, who is not a Prudential Health Care Provider, was an agent of Prudential. Also sec. 502(a)(1)(B) includes suits to "enforce rights under the terms of the plan," 29 U.S.C. sec. 1132(a)(1)(B), and we know that if Rice's state law claim is within the scope of sec. 502(a) it is completely preempted regardless of how he has characterized it. Taylor, 481 U.S. at 64. Under these circumstances, we need to determine whether Rice's state law claim is within the scope of sec. 502(a)(1)(B) as a suit "to enforce his rights under the plan." 29 U.S.C. sec. 1132(a)(1)(B).
The problem we have is that "[t]he Supreme Court has not yet had an opportunity to . . . distinguish carefully between ordinary preemption and 'complete preemption.' " Warner, 46 F.3d at 534; see also Bartholet, 953 F.2d at 1075 ("national law never fully occupies a field" so "no matter how thoroughly federal law has suffused a body of rules, there is a border with the rest of the law"). Fortunately, we have a designated source of law to guide us. Taking its cue from Congress, the Supreme Court has repeatedly emphasized that the preemptive scope of sec. 502(a) is to be understood with reference to the preemptive force of sec. 301 of the Labor Management Relations Act ("LMRA"). See, e.g., Taylor, 481 U.S. at 64-66; Pilot Life, 481 U.S. at 52-57; Ingersoll-Rand, 498 U.S. at 144-45. We have noted this relationship before. See, e.g., Black v. TIC Investment Corp., 900 F.2d 112, 114-115 (7th Cir. 1990) (citing estoppel cases under LMRA in connection with use of estoppel under ERISA). And there is a body of case law under sec. 301 devoted to determining when a state law claim that does not allege breach of a sec. 301 contract is nonetheless completely preempted by sec. 301. Therefore, this sec. 301 case law should inform our inquiry as to when a state law claim that does not allege a breach of an ERISA plan is nonetheless properly recharacterized as a suit to enforce rights under the terms of a plan that is within the scope of sec. 502(a)(1)(B), and therefore subject to complete preemption. See, e.g., Pilot Life, 481 U.S. at 55 (citing sec. 301 preemption cases); cf. Hawaiian Airlines, Inc. v. Norris, 114 S.Ct. 2239, 2249 & n.9 (1994) (adopting complete preemption principles from sec. 301 of the LMRA to address preemption under the Railway Labor Act ("RLA") and noting interest in uniformity of preemption principles under federal labor law).
In Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399 (1988), the Court laid down the principles that have come to determine complete preemption of state law claims under sec. 301 of the LMRA when it held that it is the need to interpret the contract governed by federal law which justifies complete preemption. There, the Court held that a union member's state law action for retaliatory discharge was not preempted merely because the "just cause" provisions of a sec. 301 contract provided the plaintiff with an overlapping contractual remedy for her discharge, or because both claims arose from a common nucleus of operative fact. The Court reasoned that proving the state law claim involved a "purely factual inquiry" that did not require any interpretation of the sec. 301 contract, and stated, "[t]hus, the state law remedy is independent of the [sec. 301 contract] . . . in the sense of 'independent' that matters for sec. 301 preemption purposes: resolution of the state law claim does not require construing the . . . agreement." Id. at 407. See also Norris, 114 S.Ct. at 2251 (state law wrongful discharge and whistleblower claims not preempted under RLA because state law claims required only a "purely factual inquiry" into any retaliatory motive of the employer).
And recently, in Livadas v. Bradshaw, 114 S.Ct. 2068 (1994), the Court indicated that "when the meaning of a contract term is not the subject of dispute, the bare fact that a [sec. 301 contract] . . . will be consulted in the course of state law litigation plainly does not require the claim to be extinguished." Id. at 2078. In Livadas the plaintiff, a discharged worker, brought suit under a California statute that required employers to pay all wages due immediately upon discharge, imposed a penalty for failure to pay promptly, and set the statutory penalty with reference to the worker's wages. The Court held that the state law action was not preempted even though determining the statutory penalty entailed calculating wages according to the terms of a sec. 301 contract. In doing so, the Court noted that there was no dispute concerning the amount of the penalty, and therefore, "[b]eyond the simple need to refer to the . . . [contract] in computing the penalty, the . . . [contract] is irrelevant to the dispute. . . ." Id. at 2079.
Lingle, Norris, and Livadas show that where the plaintiff seeks recovery for breach of a duty imposed by state law, and the claim does not involve the interpretation of contract terms, there is no complete preemption under the LMRA or RLA. However, we also know that sometimes a state law claim may, in effect, operate as an interpretation of a contract such that it is properly subject to complete preemption. Thus, in Allis-Chalmers Corp. v. Lueck, 471 U.S. 202 (1985), the Court held that sec. 301 completely preempted the plaintiff's state law claim for the bad-faith handling of an insurance claim, reasoning that the plaintiff's right to the good-faith administration of benefits was rooted in contract and therefore would inevitably involve interpretation of the sec. 301 contract. See Lingle, 486 U.S. at 405-06 (explaining Lueck), Norris, 114 S.Ct. at 2247-2248 (same). *fn6 Similarly, in Pilot Life, the Court indicated that sec. 502(a) completely preempted a state law claim for bad faith (or tortious breach of contract) because sec. 502(a)(1)(B) was a participant's exclusive vehicle for actions asserting improper processing of benefit claims. Pilot Life, 481 U.S. at 48-52. And in Taylor, the Court held that the plaintiff's state law contract and tort (emotional distress) claims were displaced by sec. 502(a). Taylor, 481 U.S. at 62-63. Although not entirely clear, these cases seem to indicate that where the state law has the effect of creating a qualitative standard (e.g., "bad faith," "improper") by which the performance of the contract is evaluated, then that state law is completely preempted. See Pohl v. National Benefits Consultants, Inc., 956 F.2d 126 (7th Cir. 1992) (negligence). So if Rice were claiming that Prudential was negligent when it selected Sotillo to be a Prudential Health Care Provider under the Plan, we might have a different case; but as we have noted, Rice is not making that claim.
At any rate, we need not completely define the parameters of sec. 502(a)'s complete preemption to resolve this case. Cf. Lueck, 471 U.S. at 220 ("The full scope of the preemptive effect of federal labor law remains to be fleshed out on a case-by-case basis."). But with this converging body of complete preemption case law in mind, we can better address Rice's claim. The common thread running through these cases is that complete preemption is required where a state law claim cannot be resolved without an interpretation of the contract governed by federal law. And this focus on interpretation of the contract seems wellsuited to the language of sec. 502(a)(1)(B) which concerns suits to recover benefits, determine future benefits, or enforce rights "under the terms of the plan." *fn7 Also, it seems to jibe with the Supreme Court's sec. 502(a)(1)(B) complete preemption cases to date insofar as those cases involve claims that benefits were due under the terms of an ERISA plan, or state law claims that measure the quality of contractual performance, and therefore are, in effect, an interpretation of a plan. See Taylor, 481 U.S. at 61-65 (state common law tort (emotional distress) and contract claims based on benefit denial completely preempted); Pilot Life, 481 U.S. at 52-56 (state law claim for bad faith denial of benefits completely preempted under sec. 514(a), and not saved from preemption under sec. 514(b)(2)(A), because sec. 502(a) represents participant's exclusive remedy for improper processing of benefits claims). Seen in this light, we believe that a suit brought by an ERISA plan participant is an action to "enforce his rights under the terms of a plan" within the scope of sec. 502(a)(1)(B) where the claim rests upon the terms of the plan or the "resolution of the [plaintiff's] state law claim . . . require[s] construing [the ERISA plan]." See Lingle, 481 U.S. at 407. *fn8
Since Rice has not rested his claim on the terms of the Plan, the question is whether Rice's claim that Prudential is liable for the medical malpractice of Sotillo under the state law of respondeat superior will require construing the ERISA plan, a question of federal law. See Lueck, 471 U.S. at 213-14 ("While the nature of the state tort is a matter of state law, the question of whether the Wisconsin tort is sufficiently independent of federal contract interpretation to avoid preemption is, of course, a question of federal law."). We conclude that it does not. See Dukes, 57 F.3d at 356-61 (accord). In this case, there is no dispute that Sotillo is a Prudential Health Care Provider. The only question is whether Sotillo's status as a Prudential Health Care Provider makes Prudential liable for Sotillo's alleged malpractice under the state law of respondeat superior. Under Illinois law, "an apparent agency gives rise to tort liability where the injury would not have occurred but for the injured party's justifiable reliance on the apparent agency." Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 524, 622 N.E.2d 788, 795 (Ill. 1993). "Whether an agent is authorized to act is a question of fact," 156 Ill.2d at 524; 622 N.E.2d at 795, and "[w]hether a person has notice of the lack of an agent's authority is put on notice by circumstances, is likewise a question of fact." Id. Given the purely factual nature of these inquiries, we agree that Rice's claim does not involve the interpretation of the ERISA plan, and cannot be recharacterized as a suit within the scope of sec. 502(a)(1)(B). While the Plan will serve as evidence of Sotillo's apparent agency, the alleged agency does not necessarily rise and fall with the Plan. Rather, this is a case in which "[b]eyond the simple need to refer to the . . . [Plan], the . . . [Plan] is irrelevant to the dispute. . . ." Livadas, 114 S.Ct. at 2079.
This fairly narrow view of complete preemption under sec. 502(a)(1)(B) may seem odd at first glance. Section 514(a)--the statutory counterpart to sec. 502(a)--preempts any state law that "relates to" an ERISA plan, 29 U.S.C. sec. 1144(a), and that broadly worded provision routinely preempts state law claims that affect the structuring of ERISA plans, or that purport to determine the substantive rights and duties among parties to its creation and administration. *fn9 Indeed, it is probably the broad sweep of sec. 514(a) that explains why Congress intended a federal common law of rights and obligations under the ERISA plan to develop, see Pilot Life, 481 U.S. at 56; Thomason v. Aetna Life Ins. Co., 9 F.3d at 645, 647, and we have already begun to develop this federal common law of ERISA. See, e.g., Black v. TIC Investment Corp., 900 F.2d 112 (7th Cir. 1990) (estoppel claim based on written representations can be advanced against unfunded single-employer welfare benefits plan). Under these circumstances, one could argue that federal courts should consider any claim brought against a party named in sec. 502(a), that is preempted under sec. 514(a), as an effort to invoke the federal common law of ERISA. *fn10 But beginning with Franchise Tax Board, supra, the Court has endeavored to preserve the distinction between complete preemption under sec. 502(a) and conflict preemption under sec. 514(a). Id. at 22-28; see also Livadas, 114 S.Ct. at 2077-79 & n.18-20 (same for complete preemption under sec. 301). And ultimately, that effort seems motivated by respect for the rule that provided our starting point: under the well-pleaded complaint rule Rice, not this court, is the master of his complaint. Therefore, while we will not allow Rice to avoid sec. 502(a)'s complete preemption by casting a claim that is clearly within the boundaries of sec. 502(a) as a state law action, see, e.g., Sofo, 13 F.3d at 241, we will not oblige him to further delineate those boundaries by recasting his complaint sua sponte as one that rests on the federal common law of ERISA. See Williams, 482 U.S. at 398-99 ("[t]he paramount policies embodied in the well-pleaded complaint rule [are] that the plaintiff is the master of the complaint . . . and that the plaintiff may, by eschewing claims based on federal law, choose to have the cause heard in state court."); see also Thomason, 9 F.3d at 646-47 (state law waiver claim preempted and removal proper where plaintiff amended complaint to allege claim based on federal common law of ERISA). Thus, while Congress intended federal courts to develop a common law of rights and obligations under the plan, the well-pleaded complaint rule prevents us from forcing Rice to participate in that process. This court, like a defendant, cannot recharacterize a plaintiff's claim in order to create federal question jurisdiction, for if we did so, then "the plaintiff would be master of nothing," Williams, 482 U.S. at 399, and the well-pleaded complaint rule would be undermined.
In this case, Rice's claim that Prudential is liable for the alleged medical malpractice of Sotillo does not rest upon the terms of an ERISA plan, and it can be resolved without interpreting an ERISA plan. Therefore, his claim is not properly recharacterized as a suit to enforce his rights under the terms of a plan that is within the scope of sec. 502(a)(1)(B) of ERISA, 29 U.S.C. sec. 1132(a), and the claim is not "completely preempted" under sec. 502(a). As a result, Rice's claim does not present a federal question under 28 U.S.C. sec. 1331, and therefore, his case was improperly removed to federal court under 28 U.S.C. sec. 1441(b). For this reason, on remand, Rice's complaint must be dismissed for lack of subject matter jurisdiction, and his case must be remanded to the state court from whence it came.
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Deepening Empathy in Men Using a Musical Chronology and the Emerging Life Song
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The authors illustrate the use of music as a tool for counseling men. They describe a creative intervention—a Musical Chronology and the Emerging Life Song—and illustrate it through a case vignette. The intervention method blends music with narrative therapy, cognitive therapy, and relational cultural theory. This intervention may help men who are challenged in their empathic capacity revisit developmental milestones, gain compassion for themselves and others, and connect with their emotions and beliefs via music.


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The popularity alone of this tool would put it at the top of the list. The long list of benefits makes it a top pick of orbital car buffers:
The Porter Cable is a dual-action, or orbital polisher. It is referred to a dual action since it has a head that rotates on (2) separate points that is designed to replicate the motion of your hand. The easiest way for most to understand this is to compare the (2) movements to that of the spinning of the earth, as it circles around the sun.
Due to the lower speeds of the Porter Cable orbital, it is ideally suited for any true beginner looking for improved performance over hand polishing and waxing. Unlike the higher speeds of a rotoary or high-speed polisher, the Porter Cable buffer is completely safe; you would literally have to try and damage your car paint in order for this tool to be unsafe.
Pro: Perfect for any beginner looking to enter the world of paint polishing. Remove superficial scratches, restore shine, luster and depth to your car's paint. Easy to use and completely safe for all paint finishes and types. Also for the true master paint finisher to remove trace swirl marks after any use of a rotary car buffer.
Con: Limited speed also means limited applications and abilities. For some jobs, higher levels of heat and friction that are only possible through the use of rotary car buffers is required. These may include but not limited to:
These heavy duty jobs typically require the use of wool polishing pads as a starting point which cannot be used with orbital car buffers.
The Porter Cable buffer is popular for a reason; it is a good tool and is an ideal choice for any beginner! Also ideal if you lack the refined skills as a professional when you are unable to completely remove swirl marks from car paint through use of a rotary buffer.
This tool is both easy to use and safe. The only real question for most people is whether to opt for one of the newer rotary car buffers that now start at lower RPM speeds. It all depends on what you think your polishing needs in the future might be. If all you will ever do is what is considered basic car paint polishing, then this Porter Cable is an ideal choice and I would recommend this as your top pick of car buffers. If you want to really simplify the decision, this buffer from Porter Cable would be all the 95% of any driveway detailer or professional detailer alike would ever need. period.
Use the secure links below to get your own Porter Cable polisher and take your car paint to the next level and become the envy of your neighborhood or car club!
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