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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Again, this is a feature which I found differed significantly in my own experiences. Herein, our coach was frequently moved to considerable frustration and anger by individual losses and would even subject the team to lengthy critical tirades where specific players were singled out for mistakes. These post-game diatribes were often framed by the assessment that our poor performances on any given day might cause a whole's season's work to slip away. This assessment denotes a coach who defined his goals strictly based on tangible success as opposed to such markers as player improvements.
Process v. Results:
The distinction noted above speaks to another difference between successful and effective coaching, with the latter tending to emphasize process and the former, results. This means that successful coaching will gauge its satisfaction based on such results as victories, winning records and late round victories. Effective coaching, by contrast, will gauge this same satisfaction based on less immediately tangible factors such as a player's technical improvement in a specific area; a series of practices in which the team appears to have made sustainable improvements in its chemistry; a sequence of matches where the team has lost but has taken away usable lessons. To this end, according to the Sports Education and Leadership Program at UNLV "success has to do only with getting the job done, whereas effectiveness adds to the concept of satisfaction on the part of those who do the job." (Youth First, p. 2)
The focus on process as opposed to results is especially important for a team attempting to build toward success as is the case for James Hird's Bombers. Even in the midst of his early run of victories with the team, Hird has emphasized the need for a winning attitude and a defiance of complacency as the chief recipes for advancement of the club. In many ways, this demonstrates that in the relatively young tenure of the coach, there remains a great deal left to prove if his coaching tenure is to be described as a success. However, his words in the lead-up to a match with a Greater Western Sydney club led by his former mentor in Sheedy, demonstrate that Hird's orientation where attitude is concerned is an effective one. According to an article by the AAP (2012), in the lead up to their showdown the coach commented that "I can't see why our guys would be complacent. We're trying to do something, we're trying to go somewhere. We're not anywhere near there yet, and we haven't been there for a long time,' he said. 'This club hasn't won a final, hasn't been competitive in the top end of the season for probably 12 or 11 years. You just can't afford to be complacent. You can build a year and we're trying to build that. Our guys understand that.'" (AAP, p. 1)
This type of attitude has been effective in stimulating the commitment and determination of his players, who have shown a willingness to mirror Hird's drive and diligence in their drive to win. Indeed, this attitudinal change will have a big part to play in the ability of the club to ultimately get over the hump from competitive team to premiership contender, a feat which it has not achieved since Hird captained the team in 2000. This is to suggest that process must continue to define the team because the results seen as the primary imperative in success-driven coaching may not come for some time.
Manager v. Boss
Another area of difference between effective and successful coaching is the demeanor and orientation of the coach himself. To an extent, these mark the differences between a coach who functions as a manager as opposed to one who postures himself as a boss. For the latter, successful coaching is seen as sufficient warranting for an authoritarian posture when interacting with one's players. Management is inherently more collectivist and calls for the navigation of player needs, personal desires, chemistry issues and a number of other factors shaping clubhouse culture. On this point, Mallett describes the effective coach as being defined as much by how he relates to the needs of his players as by how the team performs on the field. Mallett contends that a pre-condition of effective coaching is the capacity to "display care and interest in [the] 'whole' person," a characteristic that will certainly distinguish the effectiveness with which the coach relates to his team. (Mallett, p. 9)
Hird has an excellent track record on this point. Among the management tactics at which Hird has proven most skilled, communication is a critical one. Communication within the context of sports is specialized because there are numerous different fronts on which this communication must occur in order for players to be managed effectively. For the top coach of a team such as Hird, communication will include balancing interaction internally with players, administratively with club owners or board members and publicly with fans and the media. Because player egos must be factored into this process of communication and because the role played by the public can often be instigated by poor or incomplete communication, our primary source denotes that "a controlled attitude towards communicating with a player that has just made a fundamental error is often quite difficult for a coach to manage but nevertheless communicating the error in a controlled manner is still very important so that the athlete keeps the faith and understands the belief a coach has in their athlete." (Topic 12, p. 2)
In this area, Coach Hird made clear and effective demonstration of his willingness to toe the line with his players. Indeed, as the source above denotes, balance is essential for the coach attempting both to yield the best possible performance out of his players -- as cited in the section above -- and to put a team on the field that plays to the highest possible standards. The dilemma facing a coach in achieving this challenge was well-demonstrated most recently when Essendon's Leroy Jetta was penalized for 'staging,' or over-acting from an opposing player's contact in order to draw an undue penalty charge. The infraction resulted in the player's official reprimand at the hands of the league. This prompted a two part response from Hird, simultaneously defending the quality of his player but acknowledging the importance of playing a clean, fair and honest game.
In an article by Walsh (2012), Hird would remark on the criticism levied against his player, asserting that "Leroy's a ball player and he plays to the whistle, but sometimes habits creep into your game . . .' Hird said his only advice to Jetta was to play the ball. 'We have had a word about how we want him to play,' Hird said. 'That is to be strong at the ball and if you get a free kick, you get a free kick. I'll let it go there.'" (Walsh, p. 1)
In this regard, the coach provided an important public endorsement for his player, an effective gesture in terms of engaging sports communication appropriately and a demonstration of the strategic management called for in the effective coach. Hird would also acknowledge that modest internal steps had been taken in the form of a direct discussion with the player. This direct discussion is a further demonstration of Hird's sensitivity to the ego needs of his players. Essentially, while effective communication merely ensures that a message is being delivered and received clearly, successful communication is that in which the message is couched in a clear understanding of the impact that chosen modes of communication can have on recipients and subjects. By choosing to speak critically to Jetta in private and by defending him before the media and the league, Hird has demonstrated a critical understanding of the way that player needs and emotions must been managed through sport-contextualized communication. He also reinforces his commitment here to an effectiveness-based mode of communication.
Effectiveness without Success v. Success without Effectiveness
A final dimension of coaching due for discussion is the manner in which the two modes -- successful and effective coaching -- correlate. In many ways, the research tends to demonstrate that effective coaching does have the capacity to lead to success whereas successful coaching, as it is defined here, is unlikely to improve effectiveness. In other words, Mallett reports, "the effective coach is almost certainly competent, will acquire and display expertise and may in time be termed an expert, and in appropriate circumstances, may be successful." (Mallett, p. 7) This denotes that effective coaching is designed to create the kinds of improvements in players, team and organization that might ultimately lead to desired success achievements. By contrast, successful coaching as a method focused entirely on the ends as opposed to the means might significantly impede the effectiveness of the individual as a coach.
In many ways, Hird's management of his team's losses demonstrates a coach whose present…[continue]
"Essendon Coach Successful Vs Effective" (2012, June 14) Retrieved November 28, 2016, from http://www.paperdue.com/essay/essendon-coach-successful-vs-effective-59947
"Essendon Coach Successful Vs Effective" 14 June 2012. Web.28 November. 2016. <http://www.paperdue.com/essay/essendon-coach-successful-vs-effective-59947>
"Essendon Coach Successful Vs Effective", 14 June 2012, Accessed.28 November. 2016, http://www.paperdue.com/essay/essendon-coach-successful-vs-effective-59947

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May 16, 2007
DERVEN SMITH, PLAINTIFF,v.CROWN LIFT TRUCKS, DEFENDANT.
Plaintiff Derven Smith brought this negligence action against Crown Lift Trucks, also known as Crown Equipment Corporation ("Crown"), contending that his injury in a forklift accident was due to Crown's negligence. The case was tried to a jury beginning on January 16, 2007, and on January 22, 2007, the jury returned a verdict for plaintiff in the amount of $1,040,664.49. Defendant now moves for judgment as a matter of law or, in the alternative, a new trial, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure.
Crown wisely does not challenge the jury's finding of its negligence. The jury could reasonably have found, by crediting the testimony of witness Thomas Leoce, a Crown employee at the time of the accident, that Leoce had deactivated the brakes of the fork lift and left it on the work floor of the warehouse where plaintiff was employed there without telling anyone at the warehouse that the machine was now brakeless (Tr. 142) - and that he later altered his report, on the instructions of his superior, to falsely indicate that he had warned the customer of the defect. (Tr. 146.) Instead, Crown seeks to avoid responsibility for the accident that predictably resulted by challenging the jury's verdict on proximate cause and on plaintiff's negligence, and by arguing that certain testimony relevant to damages should have been excluded. Crown also argues that the jury's award should be reduced. These arguments, with the exception of the last, are without merit.
I. Standards for Judgment as a Matter of Law Under Rule 50(b)
In ruling on a post-verdict motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b), district courts must "consider the evidence in the light most favorable to the non-moving party, giving that party the benefit of all reasonable inferences that the jury might have drawn in its favor." Madeira v. Affordable Housing Foundation, Inc., 469 F.3d 219, 227 (2d Cir. 2006). The court cannot itself "assess the weight of conflicting evidence, pass on the credibility of witnesses, or substitute [its] judgment for that of the jury." Diesel v. Town of Lewisboro, 232 F.3d 92, 103 (2d Cir. 2000). Judgment as a matter of law should be granted "only if there is such a complete absence of evidence supporting the verdict that the jury's findings could only have been the result of sheer surmise and conjecture, or such an overwhelming amount of evidence in favor of the movant that reasonable and fair minded men could not arrive at a verdict against the moving party." Madeira, 469 F.3d at 227 (internal citations, alterations and quotation marks omitted). To the extent a party moves for a new trial, "[a] motion for a new trial ordinarily should not be granted unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice." Tesser v. Bd. of Educ., 370 F.3d 314, 320 (2d Cir. 2004) (internal quotation marks omitted).
II. Physical Impossibility of the Accident
First, Crown renews the argument it made to the jury that the accident as described by plaintiff was physically impossible, and that any negligence by Crown could not, as a matter of law, have caused Smith's injury, because Smith could not possibly have correctly attempted to use the defective brake. Crown attempts to prove that the brake was not activated by the following chain of inference.
If Smith's right foot was on the floor of the operator's compartment, Crown contends, the fork of the oncoming forklift could not have collided with Smith's right foot without also striking his left foot or the brake pedal of the forklift. (If the right foot is on the right pedal, it would be blocked from the incoming fork by either the left foot depressing the left pedal, or the left pedal, which sticks up if not depressed.) Thus, Crown argues, the injuries to Smith's right foot could only have occurred if the right foot was raised. (D. Reply. 3.) If the right foot was raised, Crown contends, then the brakes could not have been applied. The brake is applied by lifting the left foot off the brake pedal; if the right foot was raised (as Crown contends it must have been), then the left foot must have been flat on the brake pedal, because "a person has to stand on at least one of two legs." (Id.) Thus, Crown believes it has proven that the brake was never applied, which would mean that the failure of the brake did not cause the accident.
This argument was no more persuasive to the jury than it is to the Court. The jury observed an elaborate demonstration of the operation of the lift, conducted almost entirely by defendant according to the defendant's own protocol, in an effort to prove exactly the theory of impossibility that defendant now asserts. It was wholly within the province of the jury, which had a full opportunity to observe the relevant machines in operation that cannot be duplicated on a cold record, to assess this argument, and the jury rejected it. If the case had been tried to the bench, the Court would have reached the same result.
First, Crown's argument was not supported by any competent expert testimony. Crown called no accident reconstruction expert or neutral forklift engineer to support its impossibility theory. Instead, the claim of impossibility was entirely a speculative creature of defense counsel's summation, founded only on the forklift demonstration arranged by defendant, and on the testimony of Ron Brewer, a Crown employee, on the general design and operation of forklifts. Brewer was asked to opine on whether the incoming fork could have hit Smith's lowered right foot if the left foot was raised, but he was never asked to opine on the general plausibility of plaintiff's theory of the accident.
Second, Crown's hypothetical reconstruction of the accident imagines a fairly static or slow-moving occurrence; in reality, people and machines move in rapid and not necessarily predictable ways. It is possible to imagine a great number of things that could have happened in the instant of the collision. Smith may, for example, have attempted to lift both legs out of the way of the approaching forklift prongs by bracing his arms on the edge of the operator's compartment, which would lift both feet above the pedals and into the path of the forklift prongs. Smith could have done so in the split-second during which the accident occurred, after a correct attempt to apply the useless brakes. Even if Crown is correct that the brake was not being applied at the moment of the accident, Smith might well have tried to apply it shortly before the instant of the crash. A reasonable jury could well have accepted defendant's proposed chain of inferences, but it was surely not required to. In light of the Court's observations of the equipment, as demonstrated by Crown's employee, Crown's argument that it was impossible that the faulty brake could have caused the accident is eminently unpersuasive.
III. Plaintiff's Alleged Negligence
Crown's second argument is that the jury's decision to find no negligence on the part of plaintiff is against the weight of the evidence. Crown contends that it was negligent for plaintiff to operate the forklift at all without formal training, given that a warning label on the truck advised that no one should operate the truck "unless you are trained and authorized." (D. Mem. 8.)
It was again entirely up to the jury to evaluate this argument, using its own common sense. Again, it is no surprise that they did. Plaintiff's job involved operating the forklift. He operated it hundreds of times without incident, as his job required him to do, having a mishap only when defendant's negligence left him driving a vehicle that had no brakes. The jury saw the lift truck's operation demonstrated, and could easily conclude that no very elaborate training was necessary, or at least that plaintiff could reasonably have believed that he was "trained and authorized" to use the truck since he had been informally instructed on its use and told to use it. Thus, defendant's argument is without merit.*fn1
IV. Dr. Catanese's Testimony
Crown argues that the jury's award for future pain and suffering should be excluded from the judgment because that award was based on erroneously admitted testimony by Dr. Dominick Catanese, plaintiff's witness. Crown argues that the testimony should have been excluded because Dr. Catanese testified without proper disclosure pursuant to Rule 26 of the Federal Rules of Civil Procedure.
Dr. Catanese, the doctor who took over as Smith's treating physician when the prior treating physician left his medical practice (Tr. 206), was first identified to defendants in February 2006, almost a year after the close of discovery. (Bainton Decl. Ex. L.) Although defendant was aware for many months prior to trial that Catanese might testify, it made no effort to discover what he planned to say.
Rule 26(a)(2) of the Federal Rules of Civil Procedure requires disclosure of the identities of expert witnesses, as well as a written report containing "a complete statement of all opinions to be expressed and the basis and reasons therefor." Fed. R. Civ. P. 26(a)(2). "It is well established that [Rule] 26(a)(2) only requires a written report for a witness retained or specially employed to provide expert testimony in the case, or whose duties as a party's employee regularly involve giving expert testimony." Lewis v. Triborough Bridge and Tunnel Auth., No. 97 Civ. 0607, 2001 WL 21256, at *1 (S.D.N.Y. Jan. 9, 2001). Treating physicians are not experts under the language of Rule 26, and so "[a] treating physician . . . can be deposed or called to testify at trial without any requirement for a written report." Fed. R. Civ. P. 26, Advisory Committee's Note. "Thus, a treating physician may testify about opinions formed during the course of treatment without regard to the disclosure requirements of Rule 26(a)(2)."
Lewis, 2001 WL 21256, at *1. See Palmieri v. Celebrity Cruise Lines, Inc., No. 98 Civ.2037, 2000 WL 310341, at *5 (S.D.N.Y. Mar. 27, 2000).
Defendant argues that Dr. Catanese should not have been permitted to give expert opinion testimony, contending that "the Court should reconsider its decision permitting Plaintiffs' [sic] damages expert to testify without formal disclosure." (D. Mem. 16.) But the Court made no such decision; Dr. Catanese was not a damages expert. Defendant objected before trial to Dr. Catanese's testifying as an expert, and the Court sustained this objection. Recognizing that Dr. Catanese had not been timely disclosed as an expert, the Court ruled that he could testify not as an expert but only as a treating physician, that is, as a fact witness. The Court made clear that his testimony about future pain and suffering should be limited to those facts relevant to his own treatment plan:
[W]hat I am trying to do is avoid having this person be a de facto litigation expert. And I think the best way to do that is to have him testify, essentially, about his evaluation and treatment. And then there is going to be plenty of room for cross-examination about what treatment is or isn't taking place in a year here.
But I think he can describe what he sees and what he has recommended as a treatment plan, and why. I think that's fair. And if the answer to why he recommends X, Y, and Z is because that's going to offer some chance of alleviating some pain, well and good. But I don't think it is important to have him give some opinion about how much pain the plaintiff is likely to feel five years into the future, or something like that. That seems to me to be precisely the realm of expert testimony. The issue is, what he sees, what problems exist, and what is his recommended treatment, and why. (Tr. 196-97.)
Defendant does not appear to contend that this ruling was in error, and Dr. Catanese's testimony in general stayed well within its terms, confining itself to his diagnosis of plaintiff's condition and the treatment options he discussed with plaintiff. (Tr. 206-35.) He discussed the prospects for the future in terms of his advice to plaintiff; for example, when asked whether he arrived at a treatment plan, he responded that he "didn't think [plaintiff's condition] was going to improve significantly, and at this point, from a standpoint of comfort, he should try to accommodate the foot with padding, softer shoes" and the like. (Tr. 227-28.)
Defendant's objection focuses on two specific instances in which plaintiff's counsel purportedly crossed the line set forth by the Court, one during testimony and one during closing argument. In the first instance, plaintiff's counsel asked Dr. Catanese whether, "based on your evaluation of Mr. Smith, your view of the x-rays, the earlier notes and records that you reviewed, you have an opinion to a reasonable degree of medical certainty as to what Mr. Smith's prognosis for the future is?" (Tr. 233.) Dr. Catanese replied that the prognosis was "guarded," and that "he's going to have pain for the rest of his life" unless he chose a surgical procedure that had only a "50-50 chance [of] eliminat[ing] all his pain." (Id. 233-34.)
Defendant argues that this testimony was impermissible under the Court's ruling that plaintiff should not elicit testimony as to "giv[ing] some opinion about how much pain the plaintiff is likely to feel five years into the future." (Tr. 196.) The Court's ruling, however, excluded testimony regarding the degree of pain; nowhere did the Court direct plaintiff to avoid giving his prognosis. The statement to which defendant objects was made in the context of a description of Smith's options, which the doctor described as a choice between permanent injury and surgery with a fifty percent chance of success. This kind of choice is precisely what patients retain doctors to explain to them. There is a significant difference between noting that an injury will not heal itself - something treating physicians tell patients every day - and attempting to quantify or otherwise describe the amount of pain a patient will suffer at some specific point in the distant future, as an expert witness might be retained to do. In any event, treating physicians may "have an opinion as to . . . the degree of injury in the future," but "[t]hese opinions are a necessary part of the treatment of the patient [and] do not make the treating physicians experts as defined by Rule 26(b)(4)(C)." DeRienzo v. Metro. Transit Auth. and Metro-North R. R., No. 01 Civ. 8138, 2004 WL 67479, *2 (S.D.N.Y. Jan. 15, 2004), quoting Baker v. Taco Bell Corp., 163 F.R.D. 348, 349 (D.Colo.1995). The testimony was not improper.
Defendant's second objection is to a portion of plaintiff's summation in which counsel argued that the jury should "take into account, please, the unchallenged testimony of the doctor that this was permanent and that it is progressive." (Tr. 697-98.) Of course, this summation was objectionable only if the testimony to which it referred was improperly admitted. For the reasons discussed above, it was not.
Even if the testimony and argument had been objectionable, moreover, defense counsel raised no objection to either of these supposed deviations from the Court's ruling. Indeed, nowhere at trial did defendant argue that plaintiff had elicited expert testimony, or that plaintiff's counsel had exceeded the bounds of the Court's ruling. Defendant contends that it raised no objection because "the Court instructed both parties . . . not to object during testimony." (D. Reply 3.) No such instruction was given, as defendant is surely aware. The Court directed the parties not to request sidebars unless absolutely necessary, because erroneously overruled objections requiring argument could be taken up during breaks when the jury left the courtroom:
If you make an objection and I erroneously overrule it, if what is going to happen is something that will cause a mistrial, say, Gosh, we really need a sidebar, and we will have one. [But] . . . it had better be something that is an emergency, otherwise, you can persuade me at the next break that I was wrong and I will strike whatever was there. (1/12/07 Tr. at 16.) The Court said nothing to forbid or even discourage objections. Defendant obviously understood this distinction; counsel made objections at various points during live testimony. (See, e.g., Tr. 253, 273.) Thus, even if there had been some erroneously admitted testimony or argument, there was no objection calling it to the Court's attention, either at the time or at the next available jury recess. Where a new trial is sought on the ground that evidence was erroneously admitted, but without contemporaneous objection, "a new trial is warranted . . . only if its admission was plain error, meaning that the error must 'seriously affect the fairness, integrity, or public reputation of judicial proceedings.'" Sharkey v. Lasmo (AUL Ltd.), 55 F. Supp. 2d 279, 290 (S.D.N.Y.1999), quoting Johnson v. United States, 520 U.S. 461, 467 (1997). In this case, for the reasons discussed above, there was no such error.
Nor was there prejudice to Crown. If the defendant was surprised by Dr. Catanese's testimony, it has only itself to blame. Crown had more than a year prior to trial to attempt to find out whether Dr. Catanese's prognosis differed from the prognosis of the prior physician, but did not attempt to do so. The office notes disclosed in February 2006 indicated that Smith's "options are to live with this condition and treat it palliatively with padding and appropriate shoe gear or to try a surgical procedure which has approximately 50/50 chance of eliminating the pain," and stated, "I do not believe he will have full use of the foot in a normal fashion." (Bainton Decl. Ex. L.) Dr. Catanese's testimony at trial added little to these observations. Insofar as defendant knew in February 2006 that plaintiff's treating physician believed that the injury might well continue into the future, defendant has only itself to blame for missing the opportunity to prove otherwise.
Defendant did not seek at any point to introduce evidence contradicting plaintiff's evidence of future damages, or move for a continuance to prepare such evidence, even when it became clear at trial that a claim of continuing injury would be made. At trial, defendant had the opportunity to impeach Dr. Catanese's conclusions, but did not do so, saying, "Doctor, you did such a good job on direct, I have no further questions." (Tr. 240.) Since the trial, moreover, defendant has had time to gather evidence refuting Dr. Catanese's conclusions, but presents nothing to suggest that, had it received an earlier expert report, it would have been able to present any evidence to dispute Dr. Catanese's testimony. Indeed, defendant does not appear to contend that Catanese's testimony was false or misleading in any way. In short, it appears that defendant's real objection is that the jury learned the true extent of Smith's injury. That can hardly be described as an injustice.
V. Remittitur of the Damages Award
Under N.Y. C.P.L.R. § 5501(c), an award of damages must be reduced if it "deviates materially from what would be reasonable compensation." Cross v. New York City Transit Auth., 417 F.3d 241, 258 (2d Cir. 2005) (internal quotation marks omitted). To determine whether an award "deviates materially from what would be reasonable compensation," New York state courts look to awards approved in similar and analogous cases. Gasperini v. Ctr. for Humanities, Inc., 518 U.S. 415, 425 (1996) (internal quotation marks omitted).
Plaintiff argues that the award of $1,026,000 for pain and suffering is not excessive, but fails to cite a single case supporting this view. The award is indeed high compared to other cases in the New York courts. See Hoerner v. Chrysler Fin. Co., 802 N.Y.S.2d 583, 585 (N.Y. App. Div. 4th Dep't 2005) (reducing award of $1,000,000 for future pain and suffering to $250,000 where "plaintiff suffers from pain and will require future surgeries due to future degenerative changes, [but where] plaintiff is not totally disabled, is able to walk without a limp, and has a functional (if imperfect) patella [(kneecap)]"); Gilliam v. Vasilis, 639 N.Y.S.2d 804, 804 (1st Dep't 1996) (reducing an award of $600,000 to $450,000 for a 63-year-old woman employed as a home attendant who fractured four metatarsal bones, resulting in a permanent limp and the use of a cane); Thomas v. 14 Rollins Street Realty Corp., 807 N.Y.S.2d 56, 57-58 (N.Y. App Div. 1st Dep't 2006) (increasing award of $100,000 for future pain and suffering to $250,000 where leg injuries resulted in some lasting pain and restrictions on activities involving repetitive rising and squatting.); Rivera v. Lincoln Ctr. for the Performing Arts, Inc., 792 N.Y.S.2d 39, 40 (1st Dep't 2005) (holding that remittitur of award for future pain and suffering in personal injury suit from $362,500 to $40,000 was excessive, and would be increased to $200,000, where an ankle injury did not satisfactorily respond to treatment, and the 25-year-old plaintiff was expected to require further major surgery and experience lasting pain); Gonzalez v. Manhattan and Bronx Surface Transit Operating Auth., N.Y.S.2d 116, 116 (N.Y. App. Div. 1st Dep't 1990) (reducing award of $1.2 million for pain and suffering to $600,000 where plaintiff suffered a "torn meniscus and cartilage damage when, in an automobile accident, both knees struck the dashboard of her vehicle," and where, "[n]otwithstanding the prospect for bilateral knee replacements, plaintiff did not suffer any loss of time at work or cessation of normal activities.").
The evidence at trial established that plaintiff's foot is seriously injured and unlikely to recover fully; plaintiff is likely to have difficulty walking for the rest of his life. The jury and the Court were able to observe firsthand the damage to plaintiff's foot firsthand and the difficulty in walking plaintiff experienced, which were clearly significant. A significant award of damages is merited, but the figure of $1,026,000 deviates materially from what would be reasonable compensation. Accordingly, the award for pain and suffering will be reduced to $500,000 (resulting in a total judgment of $514,664.49) unless plaintiff elects to proceed with a new trial. See Cross v. New York City Transit Auth., 417 F.3d 241, 258 (2d Cir. 2005) ("Remittitur is the process by which a court compels [the party that prevailed at trial] to choose between reduction of an excessive verdict and a new trial.") (citation and internal quotation marks omitted). If plaintiff does not accept the remittitur, he is entitled to a new trial.
VI. C.P.L.R. § 5041(e)
Finally, defendant's motion notes that under New York law, in cases where a verdict amounts to $250,000 or more, "the court shall enter a judgment for the amount of the present value of an annuity contract that will provide for the payment of the remaining amounts of future damages in periodic installments." N.Y. C.P.L.R. § 5041(e). The parties agree that this provision applies here. Defendant reasonably asks that the parties be given time to confer and stipulate to the form of the judgment required by § 5041(e). This request will be granted.
For the foregoing reasons, defendant's motion for judgment as a matter of law or a new trial (Doc. # 38) is denied except on the question of damages; the Court orders a remittitur of the jury's total damage award to $514,664.49. On or before June 1, 2007, plaintiff may file with the Clerk of the Court an acceptance of the remittitur. In the event plaintiff does not file an acceptance of the remittitur, a new trial will be scheduled by the Court. In the event plaintiff does file an acceptance of the remittitur, the parties are directed to submit to the Court by June 8, 2007, a stipulated proposed judgment complying with N.Y. C.P.L.R. § 5041(e).
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Alexei Lubimov - Beethoven: Moonlight - Waldstein - Storm (2013) {HD Tracks}
- 2-06-2015, 11:49
- Music | Classical Music | FLAC / APE | HD & Vinyl
Artist: Alexei Lubimov
Title Of Album: Beethoven: Moonlight - Waldstein - Storm
Year Of Release: 2013
Label: Alpha Productions
Genre: Classical
Quality: FLAC (Tracks)/MP3
Bitrate: Lossless {24bit/88,2kHz}/320 kbps
Time: 01:06:43 min
Total Size: 1,07 Gb/157 mb
WWW: allmusic
Among Ludwig van Beethoven's most popular piano sonatas are the Sonata No. 14 in C sharp minor, "Moonlight," the Sonata No. 21 in C major,"Waldstein," and the Sonata No. 17 in D minor, "The Storm" (also known as "The Tempest"). Because of their great familiarity and variety of moods, they are excellent choices for demonstrating how Beethoven's music sounded on an instrument of his time, such as the of the 1802 Erard pianoforte, of which a modern copy by Christopher Clarke is used in these period-style performances by Alexei Lubimov. Where one might expect power, smoothness, and a rich, rounded tone from a modern concert grand, the sound of this pianoforte is slightly muted in soft passages, clangorous at its loudest, and even a little buzzing in its overtones. Nowhere are these qualities more shocking than in the first movement of "Moonlight," where the music takes on a remote and antique quality, reminiscent perhaps of a cimbalom or harpsichord in certain notes. But if, after hearing this movement, the listener has acclimatized to the instrument's quirky sonorities (which are quite variable throughout the disc), then the album can be enjoyed as a masterly recital of Beethoven's music and the instrument's attractive possibilities. The hybrid SACD is well-protected by a hardcover book, which not only has informative liner notes but several full color photographs of the pianoforte.
Moonlight Sonata
Piano Sonata No. 14 in C – sharp minor
« Quasi una fantasia », Op. 27, No. 2
1. Adagio sostenuto 5'42
2. Allegretto 2'18
3. Presto agitato 8'40
Waldstein Sonata
Piano Sonata No. 21 in C major, Op. 53
4. Allegro con brio 11'38
5. Introduzione : Adagio molto – attacca (in F major) 4'05
6. Rondo. Allegretto moderato – Prestissimo 10'44
The Storm
Piano Sonata No. 17 in D minor, Op. 31, No. 2
7. Largo – Allegro 8'53
8. Adagio 7'25
9. Allegretto 7'23
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
John Berryman's "Dream Song 14"
Dream Song
This poem, friends, is boring. The entire work seeks to illustrate the idea that "life, friends, is boring." It does so by being itself tremendously boring. Though the author occasionally uses exciting or interesting words and phrases, such as "flash and yearn," he does so only in the pursuit of higher boredom by showing that even these words can be sucked into a context which ultimately yields a wish for death. There is nothing but boredom. In the poem, the narrator subsumes the conventions of interesting poetry and puts on, as it were, the form of a half-decent modern poem. However, he purposefully avoids allowing any of the sublime to slip into his work, thus leaving this form of high poetry dead and boring. By structuring his poem in a modern conventional fashion, maintaining a detached and uninterested tone throughout, and by setting the work within a thoroughly decrepit and stale upper-class European environment, John Berryman invites us to explore the hideous depths of a truly boring life and boring poem.
As far as the structure of this "Dream Song 14" goes, the crafting is both straightforward and uninvolved. The poem is comprised of three stanzas of six lines each. These stanzas vary in length and complexity, generally following a tri-line pattern in which each stanza is broken into two mini-stanzas, each beginning with two longer lines followed by a shorter third line. The seeming irregularity of the stanzas, alternating long and short phrases within the stanza and frequently practicing enjambment, are designed to give the illusion of a jagged, edgy, and exciting poem. However, the way in which this irregularity is actually formulaic and regular belies its claim to excitement, and in so doing underscores the narrator's point that life, like this poem, is indeed boring. The rhythm too seems to mimic better works, yet fails to have any greatness of its own. For a moment it seems to be defying convention with a sort of arhythmic, jazzy feel. However, an astute reader will quickly notice that rather than establish either a defiant non-rhythm or a quirky original sort of offbeat counterpoint style, the poem flirts around the edges of pentameter without ever either committing to or truly rebelling against it. All in all this poem seems to be trying to assume a sophisticated sort of ennui, as if it were written by a jaded Dorian Gray who at once mimicked and mocked what the world considered to be true art. This sense of ennui is carried through in the affectation of a sort of faux avant-garde style. Berryman uses improper capitalization, frequent ampersands, and unusual punctuation in an attempt to portray this style, though unfortunately he leaves the work seeming more as if it has been written by a talented 5th grader student who had recently read e.e. cummings or, more likely, Shel Silverstein. Examples of this pseudo-experimental writing include his miscapitalization of "achilles," ampersand-based phrases such as "itself & its tail" and punctuation such as "behind: me, wag."
Like most poems, this poem is in motion -- or rather, it seems to feel as if it really should be in motion if it could just find the impetus to get off its rump and get moving. The narrative begins by saying that life is boring, and continues that theme with ever less coherent reasoning until it concludes that life is so uninvolving because the hills are vaguely reminiscent of dogs, and the author (it appears) misses his own absent canine. At the very end, as the narrator puzzles over the significance of hills like dogs taking themselves away, he seems to come to the slow realization that --like a dog-- he himself is only wagging his tongue on about nothing, and shouldn't even bother to speak as he is as boring as everything himself. This revelation is very useful, for it shows that the author finally grasps what the reader had figured out long ago -- that he has nothing much original to say, and that all his "wag" wit is nothing more or less than an appendage on a dog's buttocks. This realization is developed slowly. At the beginning the narrator seems to be arguing against his thesis that life is boring, as he points out that "After all, the sky flashes, the great sea yearns, / we ourselves flash and yearn ... " Yet it seems some inner voice is arguing against this theory, for he promptly has to buttress it with an appeal not to nature but to authority, as he claims: "moreover my mother told me as a boy / (repeatingly) "Ever to confess you're bored / means you have no / / Inner Resources.' " Yet one's mother's fine statements cannot prevent boredom, they can only make one feel guilty about it. He is probably very right that he has no inner resources, for no better reason than that his mother apparently never taught him how to overcome boredom, merely how to avoid confessing it. With this, the argument is over, and the narrator promptly moves into listing the generally exciting subjects which now bore him. People bore him, as does great literature, and this fellow named Henry (who one assumes is either old or merely melodramatic). He even seems to imply that being interested in the world may be a form of weakness, as he speaks of Henry being in as much trouble as Achilles (whose name he fails to capitalize) because of his love for people and art. He also appears to be bored by the "tranquil hills, & gin," which look like a drag and a dog. This long list of boring things clearly indicates both that he has not very deeply explored any of the things that bore him -- after all, had he done so he would have learned there was more to Henry than grips, more to art than the ancient classics, and more to the wild hills than tranquility -- and also that he has no real interest in doing so. All this talk of boredom is just jabber, and the reader soon learns where the narrator's ability to experience and the excite has gone, for it "has taken itself & its tail considerably away into mountains or sea or sky," which is to say that the natural world itself feels excitement without him. In the end, it seems that the dog -- which may represent his ability to find inner resources, or perhaps it is just symbolic of the self which could associate freely with the natural world and find meaning in that life -- has left him with nothing to do but wag on, tailless and dogless. Of course, this entire progression is not particularly original or interesting -- one sees this sort of thing every day from spoiled, burnt out artists who can neither find meaning in life nor in death -- and this lack of originality is precisely what proves his central point. That central point, of course, is that life is boring and this poem is a perfect example of why.
Though Berryman himself is American, the poem has a particularly European feel to it. There is a certain culture sense to the work that recalls to mind the post-decadent, post-world war despair and overarching apathy that worked on many of the youth of Europe. There are certain slang words such as wag (and the implied use of "heel" regarding Achilles being annoying) which are particularly European . The "tranquil hills, & gin" quotes seems like an offhanded literary reference to "Hills Like White Elephants," which is particularly European oriented (though not taking place in Europe). Though at a stretch one could consider it as an American piece, seeing as it is by…[continue]
"John Berryman's Dream Song 14" (2004, November 03) Retrieved December 9, 2016, from http://www.paperdue.com/essay/john-berryman-dream-song-14-56641
"John Berryman's Dream Song 14" 03 November 2004. Web.9 December. 2016. <http://www.paperdue.com/essay/john-berryman-dream-song-14-56641>
"John Berryman's Dream Song 14", 03 November 2004, Accessed.9 December. 2016, http://www.paperdue.com/essay/john-berryman-dream-song-14-56641


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text:
Office of Special Trustee for American Indians:
Financial Statement Audit Recommendations and the Audit Follow-Up Process
GAO-07-295R: Published: Jan 19, 2007. Publicly Released: Feb 6, 2007.
Additional Materials:
- Full Report:
- Accessible Text:
Office of Public Affairs
(202) 512-4800
In 1994, Congress enacted the American Indian Trust Fund Management Reform Act, Pub. L. No. 103-412, recognizing the federal government's fiduciary responsibilities toward American Indians. The act called for more effective management of the Department of the Interior's (Interior) fiduciary responsibilities, required an annual audit of Indian trust funds, and created the Office of Special Trustee for American Indians (OST) in Interior. In 1996, the Secretary of the Interior ordered the transfer of responsibility for trust fund management, including preparation of the financial statements of the Tribal and Other Trust Funds and Individual Indian Monies Trust Funds (Indian trust funds), from the Bureau of Indian Affairs (BIA) to OST. Since then, OST has prepared and independent public accountants have audited the financial statements of the Indian trust funds. The auditors have issued qualified audit opinions each year since 1996 because of inadequacies in Interior's trust-related systems, controls, and processes, disagreements between Interior and the trust funds' beneficiaries on amounts owed, and potential claims against the government. Congress expressed concern about deficiencies identified and reported in the Indian trust funds' annual financial statement audits for fiscal years 1996 through 2005. Congress asked us to determine (1) the reported status of OST management's responses to financial statement audit recommendations from fiscal years 1996 through 2005 and (2) whether financial statement audit follow-up procedures and controls for OST are designed to meet the requirements of applicable guidance and whether controls are in place to reasonably assure that audit follow-up objectives are achieved. This letter transmits our slides we used to brief Congressional staff on October 5, 2006.
Financial statement audit follow-up procedures and controls for OST are designed to meet the requirements of the Office of Management and Budget's (OMB) Circular No. A-50, Audit Follow-up, and internal controls are in place to reasonably assure that audit follow-up objectives are achieved. OMB Circular No. A-50 prescribes standards for audit follow-up. We identified Interior policies addressing each of the standards. We also found that OST, Interior, and Interior's Office of Inspector General (OIG) have implemented specific control procedures directed at assuring effective audit follow-up. At the same time, we did not see evidence that Interior is conducting a periodic evaluation of its entire audit follow-up system. Such an evaluation is required by OMB Circular No. A-50 to assure efficient, prompt, and proper resolution of audit recommendations. However, the independent auditors of the Indian trust funds may mitigate any associated risks for financial statement audits because they annually validate whether OST's previously identified underlying deficiencies, which were the basis for the recommendations, have been corrected.
Nov 15, 2016
Financial Audit:Bureau of Consumer Financial Protection's Fiscal Years 2016 and 2015 Financial StatementsGAO-17-138R: Published: Nov 15, 2016. Publicly Released: Nov 15, 2016.
Financial Audit:Federal Housing Finance Agency's Fiscal Years 2016 and 2015 Financial StatementsGAO-17-139R: Published: Nov 15, 2016. Publicly Released: Nov 15, 2016.
Financial Audit:Securities and Exchange Commission's Fiscal Years 2016 and 2015 Financial StatementsGAO-17-158R: Published: Nov 15, 2016. Publicly Released: Nov 15, 2016.
Nov 14, 2016
Improper Payments:Strategy and Additional Actions Needed to Help Ensure Agencies Use the Do Not Pay Working System as IntendedGAO-17-15: Published: Oct 14, 2016. Publicly Released: Nov 14, 2016.
Nov 10, 2016
Financial Audit:Bureau of the Fiscal Service's Fiscal Years 2016 and 2015 Schedules of Federal DebtGAO-17-104: Published: Nov 10, 2016. Publicly Released: Nov 10, 2016.
Financial Audit:IRS's Fiscal Years 2016 and 2015 Financial StatementsGAO-17-140: Published: Nov 10, 2016. Publicly Released: Nov 10, 2016.
Financial Audit:Office of Financial Stability (Troubled Asset Relief Program) Fiscal Years 2016 and 2015 Financial StatementsGAO-17-125R: Published: Nov 10, 2016. Publicly Released: Nov 10, 2016.
Nov 4, 2016
Inspectors General:Improvements to IG Oversight Needed for Architect of the Capitol OperationsGAO-17-25: Published: Nov 4, 2016. Publicly Released: Nov 4, 2016.
Oct 28, 2016
U.S. Capitol Grounds Concerts:Improvements Needed in Management Approval Controls over Certain PaymentsGAO-17-44: Published: Oct 25, 2016. Publicly Released: Oct 28, 2016.
Aug 19, 2016
DOD Financial Management:Improvements Needed in the Navy's Audit Readiness Efforts for Fund Balance with TreasuryGAO-16-47: Published: Aug 19, 2016. Publicly Released: Aug 19, 2016.
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How to Write a Successful Blog
Know what it takes to be successful in the world of blogging. Here are tips and advice from bloggers that will help take your blog to the next level.
Know what it takes to be successful in the world of blogging. Here are tips and advice from bloggers that will help take your blog to the next level.
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text:
A few of the anti-retroviral drugs in use to assist HIV infection, may aid the fight against malaria, Australian researchers said. Detailed research on existing antiretrovirals that are already in use to combat HIV is need of the hour, which can form the basis of development of a new genre of anti-malarial drugs.
This is indeed a boon to the African Population, where malaria is rampant, and also befalling the HIV afflicted lot with uncanny regularity. The researchers said in a statement: "These findings may be especially significant in sub-Saharan Africa and other areas of the developing world where there are high rates of HIV and malaria co-infection."
AdvertisementSerum from HIV-infected people with the help of protease inhibitors was used by the researchers against the malaria parasite Plasmodium falciparum in vitro. The finding revealed that serum taken from people who were undergoing antiretroviral therapy, consisting of ritonavir-boosted saquinavir (Invirase) or lopinavir (Kaletra), showed remarkable anti-malarial activity. The presence of nelfinavir (Viracept), amprenavir (Agenerase) and the NNRTI nevirapine (Viramune) in thereapies did not hamper the proliferation of the malarial parasite.
According to researchers, the life of the parasite is entirely dependent on the protease enzymes released by the plasmodium species, which may form the basis for the development of a new variety of anti-malarial drugs. Further research is warranted to establish the success rates of these drugs.
Source: Medindia
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United States District Court, Northern District of Illinois, E.D
April 20, 1982
ALBERT PARNES, PLAINTIFF,v.HEINOLD COMMODITIES, INC., DEFENDANT.
Albert Parnes ("Parnes") and his sister Rosalyn Christensen
("Christensen") sued Heinold Commodities, Inc. ("Heinold") in
five counts, all arising out of an alleged scheme by Heinold
(through two of its agents) to defraud plaintiffs. Before
trial Heinold moved for judgment on the pleadings as to Count
V of the Second Amended Complaint ("Complaint"), grounded on
the Racketeer Influenced and Corrupt Organization Act
("RICO"*fn1), 18 U.S.C. § 1961-68 (all citations to Title 18
in this opinion will read simply "Section ___"). For the
reasons summarized in this Court's pre-trial oral ruling and
now expanded in this memorandum opinion and order, Heinold's
motion was granted and Count V was dismissed.
Heinold is a major commodities brokerage firm.*fn3 In March
1978 two Heinold-employed brokers, Pat Keever ("Keever") and
Larry Costello ("Costello"), solicited Parnes to open a
commodities trading account with Heinold. Parnes did so. In
June 1978, at the advice and insistence of Keever and Costello
that investing more money would bring greater profits, Parnes
opened another account with his own funds, this one in
Christensen's name. Because Christensen had given Parnes
authority to trade her account, Keever and Costello limited
their direct contact to Parnes.
Throughout the trading period Keever and Costello made
numerous fraudulent misstatements to Parnes. Those
misrepresentations included statements that:
(1) Trading for the accounts was part of a
prudent commodities investment policy suitable
for plaintiffs' investment objectives.
(2) Heinold's trading methods were consistent
with plaintiffs' prudent investment goals and
were in plaintiffs' best interest.
(3) Keever and Costello had great expertise in
commodities trading.
(4) Keever and Costello would watch closely
over plaintiffs' accounts. Because of such
supervision plaintiffs suffered little or no risk
of loss.
(5) No unauthorized trading would take place in
either account. Parnes would be consulted before
each transaction.
Despite Costello's promise Heinold (through Costello)
continued to engage in unauthorized and otherwise fraudulent
trading in the Christensen account. That was done with
knowledge that such use of the Christensen account would
conceal the unauthorized trading from Parnes (confirmations of
the trades were sent to Christensen because the account was in
her name).
As a result of the activities described in this section of
this opinion, plaintiffs suffered over $35,000 in losses.
It is no secret what target Congress had in mind when it
enacted RICO: It principally wanted to halt what it understood
to be a pattern of infiltration of business by organized
crime.*fn4 As United States v. Turkette, 452 U.S. 576, 591,
101 S.Ct. 2524, 2533, 69 L.Ed.2d 246 (1981) put it:
[T]he primary purpose of RICO is to cope with the
infiltration of legitimate businesses. . . .
I shall not today attempt further to define the
kinds of material I understand to be embraced
within that shorthand description [of hard-core
pornography]; and perhaps I could never succeed
in intelligibly doing so. But I know it when I
see it, and the motion picture involved in this
case is not that.
So the legislative draftsmen took another approach. They
defined "racketeering activity" in Section 1961(1)(B) to
embrace any act indictable under a host of federal statutes
(most notably for current purposes the mail fraud provision,
Section 1341). Then, using a device familiar to Illinois
practitioners,*fn6 Congress defined a "pattern of racketeering
activity" as requiring, Section 1961(5):
at least two acts of racketeering activity, one
of which occurred after the effective date of
this chapter and the last of which occurred
within ten years . . . after the commission of a
prior act of racketeering activity. . . .
It shall be unlawful for any person employed by
or associated with any enterprise engaged in, or
the activities of
which affect, interstate or foreign commerce, to
conduct or participate, directly or indirectly,
in the conduct of such enterprise's affairs
through a pattern of racketeering activity or
collection of unlawful debt.
Clearly the difficulties of drafting had caused RICO to
sweep up far more than its originally intended compass.
Litigators, never at a loss for ingenuity, naturally found the
prospect of treble damages under Section 1964(c) (as well as
the possibility of invoking what might otherwise be
unavailable federal jurisdiction) very inviting for
garden-variety fraud claims. After all the broad scope already
given the mail fraud statute in such cases as United States v.
George, 477 F.2d 508, 511 (7th Cir. 1973) required only:
(1) a scheme to defraud and
(2) use of the mails in furtherance of that
And so the federal courts have had to wrestle with a host of
problems unanticipated by Congress in its primary effort to
curb the expansion of "organized crime" into "legitimate
business." Turkette, which held criminal infiltration of
criminal businesses covered as well, was illustrative of only
one such problem. But on the civil side the judicial responses
have often reflected an uneasiness with RICO's possible
swallowing up of all common law fraud, a clearly unintended
result reached in a clearly unintended way. That has led to
such narrowing opinions as (to take only this District Court as
an example) Salisbury v. Chapman, 527 F. Supp. 577, 579-80
(N.D.Ill. 1981); North Barrington Development, Inc. v. Fanslow,
No. 80 C 2644, slip op. at 6-8 (N.D.Ill. Oct. 9, 1980);*fn7
Katzen v. Continental Illinois Nat'l Bank & Trust Co., No. 80 C
1378, slip op. at 9-10 (N.D.Ill. Aug. 14, 1980).
Count V epitomizes efforts by litigants to expand RICO
beyond its intended boundaries. It asserts that in furtherance
of the scheme to defraud plaintiffs, Heinold "used or caused
to be used" mail delivered by the United States Postal Service
two or more times. It thus states a prima facie case of mail
fraud within Section 1341 and hence of a "pattern of
racketeering activity" under Sections 1961(1)(B) and 1961(5).
But where plaintiffs must founder is in their effort to make
the quantum leap from those prima facie conclusions to Section
1964 coverage. They have tried to reshape a conventional
(alleged) fraud, perpetrated by lower-level corporate
executives acting without corporate sanction (albeit
conducting themselves within the scope of their authority for
common-law purposes), into a Section 1962(c) RICO violation by
the corporation.
It must be remembered that Section 1962(c) requires:
(1) two parties, a "person" employed by or
associated with an "enterprise"; and
(2) participation by the "person" in the
conduct of the "enterprise" via a "pattern of
racketeering activity."
By elementary principles of statutory construction, the
Section 1964(c) cause of action — a suit for "violation" of
Section 1962 — must be asserted against the violator under the
latter section. That violator is the "person" that has engaged
in the "unlawful" conduct. It would be an obvious distortion to
permit suit against the "enterprise" that had itself been
infiltrated by the
"unlawful" conduct or participation of the person" — the
"enterprise" that may itself be a victim of the racketeering
Under the allegations of the Complaint the normal reading of
the RICO sections would characterize brokers Keever and
Costello, the two active wrongdoers, as the "persons" engaged
in the conduct of Heinold's affairs through the brokers'
"pattern of racketeering activity." Heinold would normally be
viewed as the "enterprise" by whom the "persons" were
employed. That normal reading however gives plaintiffs no
comfort, for they have sued not the alleged RICO violators
— "persons" Keever and Costello — but "enterprise" Heinold.
Plaintiffs have not brought themselves within RICO's coverage
under the normal application of the statutory definitions and
There is though another alternative. RICO defines both
"person" (Section 1961(3)) and "enterprise" (Section 1961(4))
so broadly as to embrace every kind of legal entity. That
being the case we may look at the possibility of a strained
reverse construction, under which Heinold would be the "person"
(so as to be suable under Section 1964) and Keever and Costello
would be the "enterprise." That possibility would turn the
English language on its head. Heinold after all cannot be said
to have "participated . . . in the conduct of [Keever's and
Costello's] affairs . . ." as required by Section 1962(c).*fn9
There is no hint of that (improbable as it is) in Count V. It
must be concluded that plaintiffs cannot successfully invoke
RICO under that theory either.
Analysis thus confirms the intuitive unease generated by a
first reading of plaintiffs' essay into the arcane mysteries
of RICO. At least where the RICO "enterprise" has been
involved in a "pattern of racketeering activity" only through
the acts of the "person" engaged in the conduct defined as
"unlawful," the civil plaintiff can sue only the "person" and
not the "enterprise" for damages suffered from that
"racketeering activity." And that is fatal to plaintiffs'
Count V claim.*fn10
As indicated at the outset of this opinion, the Court has
already announced its dismissal of Count V shortly before the
case went to trial. This opinion has expanded on the reasoning
announced from the bench in so ruling.
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By Juan A. Ramirez, Arts & Entertainment editor
The French have long been at the forefront of artistic output. From Van Gogh's masterworks to Debussy's compositions, the world has looked to France as a beacon of creative expression. It must have come as a shock to few to learn that the Francophone nation had developed the art of film in the late 19th century. Over a century later, France is still a master of cinema — a legacy that is on display at the Museum of Fine Arts' (MFA) 21st Annual Boston French Film Festival, its most popular and widely attended film festival.
Presented in collaboration with the French Consulate in Boston, the festival, which runs from July 7 through to July 24, showcases 19 feature films from the past two years in French cinema.
"There's something about French culture that resonates with people in Boston," said Carter Long, the MFA's Katharine Stone White Curator of Film and Video, "I think it's due, in part, to the fact that we are a very worldly and culturally oriented city that's aware of what's happening politically and artistically around the world."
As mentioned on the museum's website, this year's lineup includes several stories about women and immigrants adjusting to life in France. The festival curators don't actively seek out themes to cover; according to Long, the themes are made evident in the body of work.
"We didn't approach this year's programming with those themes in mind, but every year there seem to be two or three themes that pop up in a lot of the films that we end up programming," Long says. "In a lot of ways, it's because that's what's in the air in France right now; they're thinking of immigration and women in a way that's similar to the way we are here in the United States."
The festival's opening night film – a 2015 French-Arabic drama titled "Fatima" – deals with a Moroccan immigrant struggling to make a better life for her two daughters.
"It's an amazing film that I think is really important to show because it gives a lot of hope to people," Emmanuelle Marchand, cultural attaché at the French Consulate in Boston, said. "Of course her life is difficult…since they have to work hard to succeed, but it really gives a message of hope. I think it also shows a different side of France audiences don't usually see."
Though some of the films certainly exhibit their dramatic and socially conscious merit, this year's lineup ensures there is something for every taste.
"We look for a wide range of programming that represents the best of French cinema," Long said. "We're looking for great comedies, great dramas, action films, art films, films with actors or directors whom audiences would recognize. Most importantly, though, we look for emerging filmmakers and artists as well."
Since their own Lumière brothers invented the film medium, France has never been a dry source of cinematic output and is host to the famed Cannes Film Festival and the César Award – which allows the festival curators to select from an array of internationally revered, culturally-rich works.
"We come up with a combined list of about 40 or 50 films that have been on our radar over the course of the year and try to decide which ones would be the best fit for the festival," Long said. "We watch as many films as we can, look at box office numbers in France and what's happening at the festivals and awards."
Festival organizers say that July, though not influenced by July 14th's Bastille Day celebrations, proves an excellent time for audiences who might want to take a cinematic vacation to France.
"July is in the middle of summer when you have big blockbusters in movie theatres," Marchand said. "I think it's a way to offer something different to the Boston audience than what you can find in most cinemas."
The 21st Annual Boston French Film Festival runs from July 7 through July 24 at the MFA.
"Fatima" photo courtesy Slant Magazine.


text:
After 3 years of using Ubuntu on my laptops, I noticed that after less than 1 year the battery capacity is only 50% of what it was when I first used it.
I use my laptop in a pretty standard way: it's connected as much as possible, with the laptop leaving the recharger every now and ten for a few hours (or a few minutes at times).
I have a Thinkpad Edge E320.
Now... the first odd thing is that I don't have the usual files in /proc:
# ls /proc/acpi
button event ibm wakeup
No battery or anything. OK...
I found this post that seems to suggest that the best way not to kill your battery is to only start recharging when it's more than 50% drained, and stop charging at 97%:
I saw this thread that seems to confirm that:
I remember reading on the Lenovo web site itself that for thinkpads their Windows driver has a special mode for laptops that are often attached to the recharger (such as mine). I cannot find it anywhere though -- sorry.
I already have tp_smapi, and can get to the battery information through smapi:
# /sys/devices/platform/smapi/BAT0# cat last_full_capacity
# /sys/devices/platform/smapi/BAT0# cat design_capacity
Gosh, worse than I thought.
So, questions:
* How come I don't have anything in /proc?
* What values shall I set, in start_charge_thresh and stop_charge_thresh, in order to keep my battery from dying?
* Is there a GUI somewhere where I can set these values and make them stick? (If not, OK no biggie
* Is there a way to "recover" this battery so that it goes back to something acceptable?
Any other info would be super-welcome.


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text:
Sunday Remix
17 comments:
- Daisy said...
You look great with short hair! Super cute!!
<3 Daisy
- March 11, 2012 at 8:02 AM
- Karina Vartanova said...
I love this dress!
You are so beautiful)
- March 11, 2012 at 8:10 AM
- Emily, Ruby Slipper Journeys said...
Little dresses, in classic shapes and any colour and price-point, are the perfect basics. I actually really like little print dresses, since I find the multiple colours are great for remixing, but jewel tones are great too. : )
- March 11, 2012 at 10:28 AM
- Shannon said...
What a darling dress. I love all the ways you styled it so, so much. Happy sunday!
- March 11, 2012 at 10:43 AM
- Isabel, Wake up & smell the azahar said...
I really agree with you. An investment garment doesn't have to be from a popular brand, doesn't have to cost...And I think it neither have to be something neutral, basic...It's something we're going to wear a lot, that goes well with many items we already have & we really really love. Ps. I love your Sunday remixes, love to see the same garment on different seasons & styles.
- March 11, 2012 at 11:15 AM
- Miss Sophie said...
I like seeing all of your different incarnations. I think it really says something to your style that you are able to adapt to different looks and have it all look wonderful in their own way.
also, man, taking outfit posts are difficult! i can't get the right life and i don't have a tripod so my pictures are always coming out too blurry. i've just started a blog about... a week ago? i'm such a newbie. does anybody have any advice?
In any case, thank you for the inspiration, as always.
- March 11, 2012 at 11:24 AM
- ANSHIKA said...
- This comment has been removed by the author.
- March 11, 2012 at 12:37 PM
- ANSHIKA said...
What a lovely little post- it's really interesting to see the different ways one person can style one garment... not only does it show the versatility of the article of clothing, but also your own adaptibility. That's such a lovely, basic dress, but most importantly, you're wearing the dress- it isn't wearing you.
- Anshika
- March 11, 2012 at 12:38 PM
- iris said...
I agree with you too and love having different simple dresses I can combine in different ways!
Love the 5th pic especially.
- March 11, 2012 at 3:15 PM
- Natalie Anne Bourn said...
such a lovely group of photographs, definitely a great investment, love it with the coat and knitted jumper
- March 11, 2012 at 4:44 PM
- June said...
your red hair is adoraaabllee
- March 11, 2012 at 5:21 PM
- Two Happy Hearts said...
Yep. Such a solid dress!
And I love seeing all the stages of your hair. You look adorable with ALL lengths, but I especially love it super short. You pull it off so well!
- March 11, 2012 at 6:57 PM
- WearAbouts said...
the sunny picture with your long hair and the hat is my fave by far. I love to see a smiling picture! :)
I have a VERY similar dress from topshop, actually! :)
Follow me on CHICTOPIA
- March 11, 2012 at 7:24 PM
- Jo said...
Ohh, your mittens are truly the cutest! <3
Lost in the Haze: Fashion Blog
- March 12, 2012 at 12:30 AM
I like that the color looks different with the different stylings in each picture. It doesn't even look like the same piece.
- March 12, 2012 at 1:58 PM
- merlin said...
i lovedesigner bags outlet chanel, trust most of us love chanel, the representationChanel Bags Outlet of luxury and high status
- March 13, 2012 at 6:59 AM
- gifts for boys said...
I like this sunny photos. I think you look great with long hair. All dresses look great and suits you.
- March 14, 2012 at 2:58 AM


text: The title might seem confusing but here's what I mean. The iPhone I gave my mother for her birthday was accidentally left on in a flying airplane while on her way home from a vacation trip. She says that she totally forgot and when she was making a call this morning to call me to pick her up from the airport the numbers where all jumbeled up when she typed them on the keypad. Normally it would be like this. Before airplane: 123-4567. After airplane: 12-3456-7. Now I do not know it was normally like that because I don't have my iPhone with me right now. As I left it at home to charge. Long story short, does anybody know if this is normal or if this could have been the caused by the airplane scene. Might be a stupid question but I got nowhere else to ask in regards to iPhones. Nor do we have an apple store here where I'm from. And if this can be fixed. Other than that no other problems reported but low signal.