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MONTGOMERY, Ala. (AP) -- More than 500 financial institutions have failed nationwide since Birmingham-based ServisFirst Bank was founded in 2006.
Although in 2009 Colonial Bank became the sixth-biggest bank collapse in U.S. history, it was one of only seven bank failures in Alabama. And despite that well-publicized crash, ServisFirst President and CEO Tom Broughton said the industry here has managed to stay relatively healthy during the downturn because of a strong state banking department and smart lending rules.
Georgia led the nation with 88 failures from 2007 to 2013. Banking rules in the Peach State allow institutions to lend their entire capital to a single developer for multiple projects.
"In Alabama they can only borrow 20 percent, so we lost a lot less on some of those bad developers," Broughton said. "That's a big difference and one reason why our industry is healthy."
ServisFirst's assets and earning have climbed each of the bank's seven years in existence. The Montgomery office opened in 2007, and the bank has headquarters in Dothan, Huntsville, Mobile, Pensacola, Fla., and Nashville.
That period of growth has come during a time of change in the industry, as failing or struggling banks are swallowed by larger institutions. In 1990, there were 12,351 financial institutions in the United States. By the end of 2012, only 6,112 remained.
But ServisFirst hasn't been part of the bank-buying spree.
"We have never made an acquisition," Broughton said. "We do not buy failed banks. They fail for a reason, in my estimation."
While he said the industry here is healthier than in neighboring states, Broughton also pointed to some trends that he finds worrisome.
The number of institutions have dropped sharply since the 1980s, but the number of bank branches have grown. In 1990, each institution had an average of four offices. Today, each has an average of nearly 14 offices.
"You wonder why banks are building all of these new branches, with all the technology we have today," he said.
That could factor into another issue: Alabama banks' low rate of return on common equity. While the state rate of 6.83 is slightly better than the regional average, it's far below the national number of 7.39. And even that is too low, Broughton said.
"I don't know any industry in America that can last with a return on equity of less than 10 percent," he said. "So there's obviously overcapacity in our industry and poor utilization of capital."
Still, there are positive signs.
A report from the U.S. Department of the Treasury last week showed a $62.1 million increase in small business lending in Alabama for the third quarter of 2013 over baseline levels.
That's good news for the economy and for the banking industry, Broughton said.
"Loan demand is picking up," he said. "It's been much better than (it was) during the recession."


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subset: commoncrawl


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Buster Posey won the 2012 National League MVP award after an outstanding season for the San Francisco Giants.
And if voting ended today, Yadier Molina might snag the 2013 award; he's hitting .357 for the St. Louis Cardinals, who have spent most of the season with MLB's best record, and he reinforces his reputation as baseball's best defensive catcher on a daily basis.
MORE: Molina or Posey? SN's NL All-Stars
Posey, of course, is a catcher, too. This begs the question: Do these two form the best one-two positional punch in baseball right now? In other words, are Posey and Molina better than the top two players at any other position in baseball?
It's a tough question to answer, especially when considering the aspects of catching that aren't quantifiable. There are statistics for just about everything in baseball—wonderful, awesome, telling statistics—but it's pretty much impossible to accurately and completely measure a catcher's impact on his team.
Cardinals pitchers love to sing Molina's praises, about how they have complete faith in his ability to block pitches in the dirt, about his ability to control opponents on the base paths, and about how they shake him off once every SuperMoon.
And how about Posey? He's an unquestioned leader in San Francisco. The past two years he's been healthy, the Giants have won the World Series (2010 and 2012). That's pretty impressive, but it's not concrete evidence. Obviously, there are other factors at work.
So let's stick to the numbers. Here's a look at the top two players at each position, from the start of the 2012 season through Wednesday's games. As a guide, we'll use Fangraphs' WAR—an all-inclusive (though not infallible) stat that's generally recognized as the best overall measure of a player's individual contributions (offensive, defensive and base running) by determining how much better a player is than an average replacement.
Because defense counts in WAR, players had to start at least 70 percent of their games at a position to be eligible for this list. For example, Edwin Encarnacion isn't included with first basemen because he has started there just 110 of his 230 games since the start of 2012. Ben Zobrist and Chris Davis are also versatility victims of this eligibility requirement.
24.3 Center field
Mike Trout, Angels (14.3), and Andrew McCutchen, Pirates (10.0)
Trout, who is an absolute WAR monster, has started 70.5 percent of his games in center (153 of 217) the past two seasons.
23.1 Third base
Miguel Cabrera, Tigers (11.9), and David Wright, Mets (11.2)
Cabrera's lofty number is expected, but some might be surprised how good Wright has been in relative New York City anonymity.
20.5 Catcher
Buster Posey, Giants (10.8), and Yadier Molina, Cardinals (9.7)
Minnesota's Joe Mauer isn't too far behind, at 8.4.
18.0. Starting pitcher
Justin Verlander, Tigers (9.8), and Felix Hernandez, Mariners (9.2)
In case you were wondering, Clayton Kershaw (8.4) and Cliff Lee (8.2) check in as the top lefty starters.
17.0. Second base
Robinson Cano, Yankees (9.8), and Dustin Pedroia, Red Sox (7.2)
As with many things in the baseball world, the second-base competition is all about the Yankees and Red Sox. Aaron Hill of the Diamondbacks leads the NL at 5.7.
17.0. Left field
Ryan Braun, Brewers (9.5), and Alex Gordon, Royals (7.5)
Gordon slides into the second spot over Colorado's Carlos Gonzalez because of a huge edge in the fielding numbers.
14.9. First base
Joey Votto, Reds (8.9), and Paul Goldschmidt, Diamondbacks (6.0)
Both Encarnacion (6.5) and Davis (6.3) beat Goldschmidt's WAR, but they've started barely more than half of their games at first.
13.6. Right field
Jason Heyward, Braves (7.2), and Alex Rios, White Sox (6.4)
Heyward's mostly known for his bat, but he plays an excellent defensive right field for Atlanta.
13.1. Shortstop
Ian Desmond, Nationals (7.1), and Jimmy Rollins, Phillies (6.2)
Rollins might not be an MVP candidate these days, but he's still one of the best shortstops in the majors.
8.3. Relief pitcher
Aroldis Chapman, Reds (4.2) and Craig Kimbrel, Braves (4.1)
Relievers are never going to generate big WAR numbers because of their limited innings; it's no surprise strikeout machines Chapman and Kimbrel top this list.


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Being a kid again is one of the benefits Peter Thurston, 73, enjoys about volunteering at Hidden Villa. The retired marketing programs director at IBM Storage Systems joined the Hidden Villa Board of Trustees in 2009.
In his role as Hidden Villa farm and nature guide, Thurston teaches schoolchildren from all over the Bay Area about the nonprofit educational farm and wilderness area located in Los Altos Hills.
While his enthusiasm about the job is not unique among Hidden Villa guides, on occasion his method of entry into the organic Education Garden is. Scooting on his belly, using his forearms and feet to propel himself forward, he has delighted children by crawling through a diminutive portal called The Rabbit Hole – a child-sized tunnel into the garden.
Exploring the surrounding hills, Thurston said he strives to make the children comfortable.
"We focus on making the kids fall in love with nature," he said. "They fall in love, and then they learn."
Guides promote the connection by hiking and playing games with the children as they facilitate farm experiences.
"Every time I'm done with a tour, I really feel good," Thurston said.
Residents of Los Altos Hills for 43 years, Thurston, his wife Carol and their three now-grown children have enjoyed many walks at Hidden Villa.
"My wife had them all go to camp here," Thurston said of Hidden Villa's summer camps.
Thurston also contributes his time at Environmental Volunteers and Filoli, but his Hidden Villa experience is special.
"Being on the board is a real honor," he said, "but being with the kids is a real joy. I've never had a bad day here. I really haven't."
Hidden Villa invites potential volunteer guides to observe an upcoming school tour 8:15 a.m. to 2:30 p.m. Jan. 24 at the preserve, 26870 Moody Road, Los Altos Hills. Call 949-8643 prior to joining the tour.
If visitors subsequently decide to volunteer, all necessary training is provided free of charge. No experience is required.


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Happy Monday to all! Found a few things I thought you'd like to check out.
Blinzler from Planet Fallout has a new feature to help prep folks for the release of Fallout 3. The series begins with Part 1: Creatures of the Wasteland.
In interview news, there's a pair of new interviews worth reading. At GamaSutra, Todd talks about the process of creating Fallout 3, while Pete tackles questions at Big Download. Here's a snippet from the former:
How does it feel, by the way, to have been making games for that period of time, and especially having one series that has existed for so long?
Todd: Well they take so long, so it's not like we've made many games. It's good. I mean, I think we're lucky, in that the audience for what we do hasn't gone away. It's gotten bigger, if anything. It's gotten a lot bigger. So, we're fortunate that we can make those kinds of games that we want to play.
Finally, on GameTrailers, I found this video of the Frag Dolls interviewing Todd at PAX. Check out the embedded video below.
That's all for now.


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FORT LAUDERDALE, Fla. - Several witnesses took the stand Monday in the defense of Randy Tundidor Sr., who is accused of killing a Nova Southeastern University professor.
Last week, during the prosecution's first-degree murder case against Tundidor, the state painted a picture of Tundidor as the mastermind behind a plot to kill Joseph Morrissey, of Plantation.
Tundidor faces 10 charges, including first-degree murder, and faces the death penalty if convicted.
Morrissey was stabbed to death in his Plantation home in April 2010. Prosecutors said Tundidor killed Morrissey because the professor, his landlord, planned to evict his family from their rental home.
Randy Tundidor Jr., who also is charged in the crime, and Shawn Tundidor, both of whom are Randy Tundidor Sr.'s sons, both testified last week against their father.
Several witnesses testified as the defense presented its case Monday. Among them were detectives from the Plantation Police Department, who said they did not find evidence in Randy Tundidor Sr.'s rental home the day he was arrested. Weeks later, they did find evidence there in the attic and in holes in the wall in the closet, they said.
The defense said the evidence was found later because Shawn Tundidor and Randy Tundidor Jr. are working together to frame their father.
Some of Randy Tundidor Jr.'s fellow inmates at the Broward County Jail testified that he admitted to them that Randy Tundidor Sr. was not involved.
"He talked extensively about what happened," said inmate Robert Oulton. "He said his father was not involved."
"He told me he would not let his brother go down for this. He said his father's sick. His father's going to die anyway, and he'd rather his father die in prison than him spend the rest of his life in prison," said inmate Thomas Kennedy.
Paramedics said they treated Randy Tundidor Sr. around the time of Morrissey's killing and said he had chest pains and asthma and needed a cane to walk. The defense contends that his ailments made Randy Tundidor Sr. physically incapable of committing the crime.
It is unclear whether Randy Tundidor Sr. will testify in his own defense.
Copyright 2012 by Post Newsweek. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Topic: Starting Palliative Care
So my dad went into the hospital again on Monday because of diarrhea and not eating because of the mouth sores. Met with palliative team yesterday and will be starting that once he is released...
I was really irritated with the Family Physician who sat in the meeting, because that's who is on-call, as I felt he was encouraging me to talk to my dad about stopping chemo -- as if to convince him to stop... and I feel that is up to my dad to call the shots, as he is still the one who is in control. Just frustrated and wanted to post because I have felt the support of the CC family.
Still trying to stay hopeful and keeping fingers crossed that today is better.


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A Roseville woman died Monday in what police describe as a freak accident after being pinned between two cars in Birmingham.
Birmingham police said that a van that Michaele Love, 45, was driving stalled at the entrance gate of a parking garage around 3 p.m. at 333 N. Old Woodward.
According to witness reports, Love got out of the 2004 Toyota Sienna and attempted to push the van out of the driving lane.
"A witness who was behind (Love) pulled around to the left and asked her if she needed help," said Birmingham Cmdr. Terry Kiernan. "She said 'no,' so he started to drive away when he saw her get back in the van ... when he looked back, she was back outside, pushing."
The van began to roll, and eventually turned into a line of cars to the right of the vehicle. Love tried to stop the vehicle from rolling from the driver's side door, but was unsuccessful. The van sideswiped the driver's side of one of them, pinning the 45-year-old between it an the vehicle, police said.
The witness who had been behind Love immediately called authorities, said Kiernan. Birmingham police and firefighters came to the scene and found Love pinned between the two vehicles, unresponsive.
She was freed and taken to Royal Oak Beaumont Hospital, where she was pronounced dead.
The details of this bizarre accident remain somewhat a mystery, as Kiernan said police are unsure what caused the vehicle to stall and possibly start up, then stall again. Crash investigators from the Oakland County Sheriff's Office assisted with the initial investigation, and Michigan State Police will be investigating the vehicle's black box to determine what happened, police said.
Kiernan is doubtful that much information can be gained from the vehicle's computer, as the airbags of the van didn't deploy and the vehicle stalled.
"It's a tragic, freak accident," Kiernan said. "That's the only way you can describe this thing."
Authorities said Love was employed as a baby-sitter and was driving her employer's vehicle to pick up a child at the Montessori School located next to the parking lot when the accident occurred.
Oakland County Medical Examiner's Office personnel said Love's autopsy was still underway when contacted on Tuesday, but noted that she did suffer chest injuries. She is listed as an organ donor, added investigators.
The Roseville woman was married with two teenage children. Her funeral services will be handled by the Chas Verheyden Funeral Home in Grosse Pointe Park. For more information, call 313-881-8500.
Contact staff writer John Turk at 248-745-4613 or email@example.com.


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That attitude isn't viewed by Notre Dame coach as arrogance. Kelly sees it as extreme confidence. And he loves it.
"They're not elite players if they're afraid of competition," Kelly said.
Smith - by anyone's evaluation – definitely falls under the description of "elite."
After leading the Knights to four consecutive IHSAA Class 2A state championships, Smith became the first Fort Wayne player to receive the Indiana Mr. Football Award. How will that translate on the field come August?
"You know, one thing that we do a very good job of is that we play a lot of guys," Kelly explained. "We don't just say there are 11 guys. As you saw this year, we played a lot of guys.
"But I will tell you this; we're also going to put the best 11 on the field. And if (senior) Danny Spond is the best 11, he's playing. If Jaylon Smith is the best 11, he's playing. We recognize the fact that everybody has a value to what we're doing, but we're also going to play the best players."
Spond overcame an injury in training camp to play very well at the drop (outside) linebacker slot last season. However, he has the ability to also move inside and replace Te'o. which would allow Smith to compete with returning players Romeo Okwara and Ben Councell.
"By and large, we've made the case in recruiting where we see you, and we're honest with them," Kelly said. "Here's where we see you're at and this is where you're going to be, and if you do this, you're going to get your playing time."
There are a lot of traits to Smith that Kelly and his coaching staff is enthralled with. Smith brings speed and athleticism to the position, which made him the seventh-highest rated recruit – regardless of position – in the country.
"We could list all of these things, but the thing that's most impressive is the character of this young man and his energy," Kelly said. "He just has it. When he walks into a room, the room kind of lightens up, and that's the kind of personality that he is, and he is one tough football player, as well. He's got all the things that you're looking for, that quickness, that ability to strike. He can play any position really."
As impressed as the Notre Dame coaching staff was with Smith on the field, however, that is how much they grew to enjoy what he does off of the field, as well.
"Leadership takes different forms," Kelly said. "Jaylon can be a leader just by his own actions, the way he handles himself. He'll look you in the eye. I think those are all leadership qualities, as well.
"Do I think he's going to come in and be the vocal leader like Manti was on the field? No, I don't think so. But his actions and the way that he prepares himself and the way he plays the game, I think a lot of people will want to model after him."
Smith is lighter in weight than the current Irish linebackers. Spond weighed 248 pounds last year, while Okwara was the lightest in the group at 239.
At Luers, Smith played just over 210 pounds and has spent this winter training to increase his mass.
He made it clear that he envisions success for himself at Notre Dame, and that means getting on the field quickly. And Kelly was just as definitive in his belief that Smith will be a significant part of what happens in South Bend over the coming autumns.
"I see great things for Jaylon Smith," Kelly said.


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Keeping Up With the Dow Joneses
In recent years I've been surprised by how little excitement there is for big moves like today's. The folks on television shake their pompoms and pretend that they have played the market to perfection, but what I don't see are individual investors who are pumped up about catching a big run and are eager for more. The more common emotion seems to be "I can't keep up with this market and I sure wish it would pull back."
I've struggled to find an explanation for why this is the pattern of behavior in recent years. I suspect the primary reason is that the action is driven more by computer algorithms, because individual participation in the market has dropped steadily for several years. People have always complained that the market is manipulated, but the disconnect between the economy's performance in recent years and the market's behavior has resulted in a widespread feeling that there isn't any rationality. In addition, many people have been badly burned by two major collapses since 2000 and they are sapped of confidence....103 more words left in this article. To read them, just click below and try Real Money FREE for 14 days.
There's no substitute for a trading floor to get great ideas, so Jim Cramer created a better one at Real Money and blogs there exclusively. We then added legendary hedge fund manager, Doug Kass, with his exclusive Daily Diary and best investing ideas. Staffed with more than 4 dozen investing pros, money managers, journalists and analysts, Real Money Pro gives you a flood of opinions, analysis and actionable trading advice found nowhere else, and allows you to interact directly with each expert.
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Collector's Metal Trunk
$149 Special $115 Delivery Surcharge: $10
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- Features a lift-off lid; no hinges.
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Make sure it fits! Use our interactive room planner to design your floor plan.
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- Overall: 16" square, 16.5" high
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- Weight: 12 pounds
- Dust with a soft, dry cloth.
- Shipping Info
This item will arrive in 3-5 business days. Please proceed to the Payment & Review page of Checkout for a precise delivery estimate.


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Ambulance service bosses are buying 120 defibrillators to put in public places in Wiltshire to try to improve its response times.
South Western Ambulance Service (SWAS) has consistently failed to meet the response times for Red calls - the most urgent calls such as cardiac arrests - in Wiltshire.
The service should attend Red calls in eight minutes 75 per cent of the time but in Wiltshire performance for the year to date is 58 per cent for Red 1 calls and 64 per cent for Red 2 calls. The service has not reached the 75 per cent target in Wiltshire for the past ten months.
In places like Swindon SWAS exceeds the 75 per cent target, achieving about 88 per cent, but bosses say the rural nature of most of Wiltshire means it is difficult for it to send ambulances within eight minutes.
On average SWAS attends three Red 1 calls a day in the county.
At a meeting of Wiltshire Council's Health Select Committee on Tuesday, Neil Le Chevalier, deputy director of delivery at SWAS said: "There's no consistency where the the next heart attack is going to occur in Wiltshire.
"I can put an ambulance in Chippenham 24/7 365 days of the year at a cost of £650,000 but that won't give you performance (the 75 per cent target) in Wiltshire.
Paul Burkett-Wendes, head of operations for the Wiltshire, Gloucestershire and Avon area for SWAS, said: "You could spend millions and millions in Wiltshire but because of the rurality you will not hit the response times."
Mr Le Chevalier said consultants who had anaylsed the service's performance in Wiltshire to Red calls recommended that in order to meet response times another 400 hours of ambulance cover a week was needed, costing £1.1 million.
He said while SWAS was negotiating with Wiltshire Clinical Commissioning Group for more resources, acknowledged that funding was limited and was looking at other ways of improving response times in Wiltshire.
These are increasing the number of volunteer community responders (members of the public who are trained to use a defibrillator) including retained fire fighters and buying 120 defibrillators to be placed in locations such as village squares, shopping centres and care homes.
The defibrillators, which are used on people who have suffered a cardiac arrest, will be distributed from April and the locations are currently being finalised.
Those in Wiltshire are part of a £500,000 investment in defibrillators for Wiltshire, Gloucestershire and Avon by SWAS.
Mr Le Chevalier said SWAS also had one of the highest rates of non-conveyance (not taking patients to hospital) in Wiltshire compared to the rest of the country.
Of every 999 call it attends in Wiltshire SWAS does not take 47 per cent of patients to hospital. It either treats patients on the scene or refers them to another service where appropriate.


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Mike Wells: Pacers Q&A
Indianapolis Star sports reporter Mike Wells answers your questions about the Pacers.
Answers Posted Dec. 3, 2005
Question: If Jonathon Bender decides to retire, will he still count against the Pacers salary cap in this and future seasons?
Answer: If Bender is forced to retire, which would be very unfortunate, he will still get paid because his contract is guaranteed. If an independent doctor determines Bender can no longer play, the Pacers will apply to the league to have what's left of his contract removed for salary cap purposes one year from the date it was determined he couldn't play anymore. The move will also help for luxury tax purposes. (Johnny from Chico, Calif.)
Question: I agree with you that the return of Jeff Foster will be huge. My question is what about the other centers on the roster. We are getting killed on the boards and the centers don't even play a combined 20 minutes in a game. Even when Pollard starts he seldom plays more than 15 minutes. If they can't rebound then why are they on the roster? (Tom from Muncie. Ind.)
Answer: I agree with you Tom on your comment about the centers not being able to play a combined 20 minutes a game and help rebound the ball. David Harrison can't stay on the court long enough to contribute because he usually picks up a couple of fouls within 30 seconds of checking into game. Harrison needs to learn to quit getting offensive fouls and to stay on his feet because the slightest pump fake sends him jumping toward the roof. Pollard is a situational center. He won't play unless the Pacers are going against somebody like Shaq or Yao Ming. Depending on how quickly Foster returns to his former self, the Pacers could end up trying to trade Pollard later this season because he's in the final of his contract. O'Neal and Croshere, the team's top rebounders, need Foster to get back into game shape quickly because you're right, the Pacers are getting outrebounded on the glass and it really showed in the Atlanta game when they gave up 24 offensive rebounds to the Hawks.
Question: Is there anyone that thinks the Pacers struggles are a result of Rick Carlisle? Everyone talks about how he is a great coach, and how he held the team together last year, but do you really think his style fits the Pacers? It seems like they are most suited to be a uptempo team and he is all about slowing them down and calling a play. What do you think? (Brian from Fort Wayne, Ind.)
Answer: There's no other way to put it: Carlisle is a micromanager when it comes to coaching. The Pacers had one of their best games against New Jersey when Carlisle wasn't constantly calling a play every time the court. Anthony Johnson said it best after that game when he said Carlisle "trusts himself more than he trusts us." This team has the players to play uptempo (except against Phoenix). The constant play calling disrupts the flow of the game. The ball usually ends up in O'Neal's hands in the post with everybody standing around watching after the initial first cut to the basket by the passer. Playing that style makes the Pacers predictable on offense. The things is, though, that style has allowed Carlisle to be successful as a coach so far. So I wouldn't be surprised if he didn't change his style.
Question: I'm one of the few Austin Croshere supporters. I've been saying for years that he is underappreciated and that when he is on the floor the team seems to play better. This perception was supported by an analysis published in the Star a season or two ago. I believe that he is getting more of an opportunity to play this season, and that he is playing well. My question is why was Croshere taken out near the end of the Atlanta game. I believe that he would have rebounded the missed free throw, and that the Pacers would have won the game. In fact, it seems like most of the Pacer losses so far this season have been because Croshere was not on the floor near the end of the game. (Kevin from Indianapolis)
Answer: Croshere's usually not on the court at the end of games for defensive purposes. As good of a rebounder and free throw shooter as he is, Croshere isn't quick enough on defense. You're taking a risk by having him on the court at the end of a close game because you'll probably have to give help, which will leave somebody else open on the court. Despite his defensive problems, Croshere has been one of the Pacers' bright spots this season.
Question: Is Stephan Jackson a plus or a minus for the Pacers in all respects?
(Jack from Bloomingdale, Ill.)
Answer: My problem with Jackson is that you never know which player is going to show up. Some nights he looks like a player that fits in well alongside Jermaine and Artest. Other nights he looks like he's the one hurting the team chemistry (the Nov. 25 game against Atlanta) and he's more worried about improving his individual stats than playing within the team concept. He has a tendency to take bad shots in the offense. I think part of that problem is the loss of Mike Brown to Cleveland. Brown had the ability to relate with the players and keep their head in the game. Brown would often go to the end of the bench and talk to Jackson to keep him focused when he would get upset over an issue.


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Let's not kid ourselves. Mario Cristobal will leave FIU sooner than later. Do I know this as a fact? No, of course I don't. In my conversations with the coach, he's made it clear how much he loves South Florida and how proud he is of what he's building at FIU.
Yet, the reality is, Cristobal is one of the hot, young coaches in the nation. He's helped turn around an awful program at FIU. He's led the Golden Panthers to back-to-back bowl appearances. Simply put, he's accomplished the goals he set when he arrived 5 years ago. Well, he's almost accomplished those goals.
Cristobal turned down Rutgers for a couple of simple reasons. The first being he really does love being the coach at FIU. He knows how close this school is from doing some special things. He has a good portion of his starters returning next season, and he wants to see how high this program can climb. The other reason is also simple: he can do better than Rutgers.
For Cristobal to leave, it would take a perfect opportunity. Plenty of schools have and will continue to call, but Cristobal is in no hurry to just leave. He's in that rare position that success brings. He can pick and choose what he wants to do and where he wants to go.
While Rutgers was an interesting choice, the fact is, FIU is not that far away from being like Rutgers. That's if his team hasn't already reached that point. When Cristobal leaves, it will be to a big-time program. It will be a real dream opportunity. What will that be? I have no clue, and I'm sure Cristobal doesn't know either. The point is, that time will come. It wasn't now, and FIU gets to reap the benefits for, at least, another year. Will next year be the time? Only time will tell, but we know big schools will come knocking. Cristobal has proven to be that good. Trust me, one day he'll answer that call and move on, and no one could blame him for it.
He's worked hard to accomplish something many thought he'd never do. He's built FIU into a solid football program. But, as Cristobal made clear by his decision to stay, he still has more work to do.
Copyright 2012 by Post Newsweek. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Panasonic Toughbook 20 - Tablet - with keyboard dock - Core m5 6Y57 / 1.1 GHz - Win 7 Pro (includes Win 10 Pro License) - 8 GB RAM - 256 GB SSD - 10.1" IPS touchscreen 1920 x 1200 - HD Graphics 515 -Item#: 13759181 | Model#: CF-20C5143KM
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- $4,189.99
$6.99 Shipping
- Shipping:
- Temporarily out of stock. Order today and we'll deliver when available. (Details)
Panasonic Toughbook 20 - 10.1" - Core m5 6Y57 - 8 Product Details
Product Type: Tablet - with keyboard dock - rugged
Operating System: Microsoft Windows 7 Professional + Windows 10 Pro License (Microsoft Certificate of Authenticity (COA))
Processor / Chipset
CPU: Intel Core m5 6Y57 / 1.1 GHz
Max Turbo Speed: 2.8 GHz
Number of Cores: Dual-Core
Cache: 4 MB
64-bit Computing: Yes
Features: Intel Turbo Boost Technology 2.0, Intel vPro Technology
Main Storage: 256 GB SSD
Type: 10.1" - IPS
Touchscreen: Yes (10-point multi-touch)
Resolution: 1920 x 1200 (WUXGA)
Widescreen: Yes
Image Brightness: 800 cd/m²
Features: Anti-glare, anti-reflective, sunlight readable, glove touch mode
Audio & Video
Graphics Processor: Intel HD Graphics 515
Camera: Yes - 1080p
Resolution: 8 Megapixel (rear)
Sound: Speaker, microphone
Compliant Standards: High Definition Audio
Type: Keyboard, digitizer, touchscreen, touchpad, stylus
Backlight: Yes (emissive)
Features: Pressure sensitivity, multi-touch touchpad, integrated stylus holder
Wireless: 802.11a/b/g/n/ac, Bluetooth 4.1
Bluetooth Class: Class 1
Wireless Controller: Intel Dual Band Wireless-AC 8260
Network Interface: Gigabit Ethernet
Features: Dual pass-through antenna, Intel Wireless Display (WiDi)
Compliant Standards: IEEE 802.1x
Wireless Broadband (WWAN)
Generation: 4G
Technology: LTE
Receiver: GPS
Technology: Lithium ion
Capacity: 2600 mAh
AC Adapter
Output: 11.4 V
Connections & Expansion
Slots: Micro-SIM card
Interfaces: USB 3.0 ¦ HDMI ¦ LAN ¦ Headphone output ¦ 2 x USB 3.0 (on keyboard dock) ¦ USB 2.0 (on keyboard dock) ¦ HDMI (on keyboard dock) ¦ VGA (on keyboard dock) ¦ Serial (on keyboard dock) ¦ LAN (on keyboard dock)
Memory Card Reader: Yes (microSDXC UHS)
Software Included: Drivers & Utilities, Panasonic Dashboard
Case Material: Magnesium alloy
Integrated Options: SSD heater
Dockable: Yes
Security: Trusted Platform Module (TPM 1.2) Security Chip, SmartCard reader
Features: Security lock slot (cable lock sold separately), administrator password, dust-resistant, anti-vibration, shock-resistant, explosionproof, reinforced locking port covers, Pre-installed replaceable screen film, drop-resistant, password security, dual monitor support, bridge battery, HDD lock, sand-resistant, rainproof
Included Accessories: Power adapter
Compliant Standards: AES, RoHS, MIL-STD 810G, Section 508, MIL-STD-461F, ISO 14001:1996, IP65
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Dimensions (WxDxH) - tablet: 10.7 in x 7.7 in x 0.6 in
Weight: 33.58 oz
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Validity of Electronic Diary for Monitoring Varicose Veins Symptoms
This study has been completed.
BTG International Inc.
Information provided by (Responsible Party):
BTG International Inc.
ClinicalTrials.gov Identifier:
First received: September 8, 2010
Last updated: March 7, 2013
Last verified: March 2013
- Full Text View
- Tabular View
- No Study Results Posted
- Disclaimer
- How to Read a Study Record
The purpose of this study is to contribute to the validation of an electronic daily diary to assess symptoms in patients with varicose veins.
|Varicose Veins
|Study Type:
|Study Design:
|Observational Model: Case-Only
Time Perspective: Prospective
|Official Title:
|Performance of Daily Electronic Diary to Capture Venous Symptoms Before and After Intervention for Great Saphenous Vein Incompetence
Resource links provided by NLM:
MedlinePlus related topics: Varicose VeinsU.S. FDA Resources
Further study details as provided by BTG International Inc.:
Primary Outcome Measures:
- To assess the feasibility, variability, validity and sensitivity of patient's varicose vein symptoms using a disease-specific symptom questionnaire, administered as a daily electronic diary in patients undergoing treatment for varicose veins [ Time Frame: 8 weeks ]
Secondary Outcome Measures:
- To establish the treatment effect size of foam sclerotherapy treatment [ Time Frame: 8 weeks ]
|Study Start Date:
|November 2010
|Study Completion Date:
|August 2011
|Primary Completion Date:
|August 2011 (Final data collection date for primary outcome measure)
|Varicose veins
|Ages Eligible for Study:
|18 Years to 75 Years (Adult, Senior)
|Sexes Eligible for Study:
|Accepts Healthy Volunteers:
|Sampling Method:
|Non-Probability Sample
Study Population
Varicose veins
Inclusion Criteria:
- Sign informed consent and complete study assessments in written English
- Male or female age 18 to 75
- Patients having Saphenofemoral Junction (SFJ) incompetence and scheduled to receive foam sclerotherapy treatment for varicose veins in one leg
- Screening Symptom score of 7 points or more as measured by Question 1 on the modified VEINES-QOL/Sym questionnaire
Exclusion Criteria:
- Unable to comply with completing a daily diary for a total of 24 days
- Participation in any other investigational pharmaceutical product, or device study within the 3 months prior to Visit 1
- Current venous leg ulcer in either leg
Contacts and Locations
Choosing to participate in a study is an important personal decision. Talk with your doctor and family members or friends about deciding to join a study. To learn more about this study, you or your doctor may contact the study research staff using the Contacts provided below. For general information, see Learn About Clinical Studies.
Please refer to this study by its ClinicalTrials.gov identifier: NCT01200199
Please refer to this study by its ClinicalTrials.gov identifier: NCT01200199
|United Kingdom
|Birmingham, United Kingdom, B91 2JL
Sponsors and Collaborators
BTG International Inc.
|Study Director:
|David Wright, MD
|BTG International Inc.
More Information
Additional relevant MeSH terms:
ClinicalTrials.gov processed this record on September 21, 2017
|Responsible Party:
|BTG International Inc.
|ClinicalTrials.gov Identifier:
|NCT01200199 History of Changes
|Other Study ID Numbers:
|Study First Received:
|September 8, 2010
|Last Updated:
|March 7, 2013
Additional relevant MeSH terms:
Varicose Veins
Vascular Diseases
Cardiovascular Diseases
ClinicalTrials.gov processed this record on September 21, 2017


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Another family devastated after mother dies, leaving newborn behind
TRI-CITIES, Wash. -- Less than two months ago, we brought you the story of Ana Ramirez-Gutierrez, who died while giving birth at Kadlec Medical Center. Now we have learned another family finds themselves in an equally tragic situation.
Doctors saved the child, but her husband and now four children are left without a mother and mountain of medical bills.
Bulfrano Martinez-Lemos and his kids hold a collage of Maria Birrueta-Valencia. Mother, wife, cousin, friend. She passed away Monday morning after doctors performed an emergency C-Section.
"He's still kind of surprised. He's kind of in disbelief," Bulfran's cousin Eli says.
Bulfrano recounted the tragic story that blindsided his family. Maria came to Kadlec's ER Sunday night complaining of abdominal pain. Doctors diagnosed her with a fatal blood condition common in pregnant mothers. They managed to save her child, three months before she was due, but Maria didn't make it.
"The kids are kind of the main focus right now for him and they're the ones that have taken it hard," Bulfrano said through his cousin.
Bulfrano, a full time farm worker, now has four children to care for and a mountain of medical bills.
"How can you care for your children? And how can you mourn for your wife when you have to worry about 'how am I going to pay the bills? Or keep a roof over their head, keep the electricity on or be able to feed them?'" he says.
The family is still mourning.
"That was one of her biggest things about her pregnancy. She really wanted a girl. She has three boys and unfortunately, she didn't get to meet her."
Doctors say she is in good condition, but will have to stay in intensive care until at least mid-August. This is the second pregnant mother to die at Kadlec in the last two months.
But the hospital says they are not related.
While they continue to investigate, Bulfrano and his family will rely on each other to make it through this life-changing event.
"There's a lot of awful things that come on the news all the time, that you see in different places, even around the corner, but when you need people, they're actually there. A lot of them do come together," he says.
And they hope that spirit will encourage the community lend their support in helping them pay for funeral and medical costs.
A fund-raising site has been set up, as the family is now faced with thousands of dollars in medical costs. If you'd like to help, click here.


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Groene at the Legislature: Teacher absences, substitutes
Mail: Southern statues symbolize suppression
More opinion
Senate: Vote no on Graham-Cassidy health care plan
Fall: Good time to spray musk thistle in rosette stage
More Ag News
A rundown of entertainment in North Platte and Lincoln County.
You can click on "Local News" at the top of this page for more news of events.
Saturday, Mar. 9
North Platte High School Children of Eden musical by the high school music department based on stories from the bible book of Genesis. 7:30 p.m. Tickets: $8 adults; $6 students.
Sculleys Shooters (2221 E. Fourth) Live music by Hayseed Cowboys. 9 p.m. Cover charge.
Eagles Club - Live music by Gary Phipps. Starts at 7 p.m. $5 cover.
Sunday, Mar. 10
Eagles Club (620 N. Chestnut) BBQ Fundraiser for Alysa Atkins with auction, karaoke, raffle and food. 12:30-5:30 p.m. $5 and $10 plates.
North Platte High School Children of Eden by the high school music department based on stories from the bible book of Genesis. 2 p.m. Tickets: $8 adults; $6 students.
Wednesday, Mar. 13
Pop Corner (1847 W. A) Live piano and song by Shermie. 10:30 a.m.-1:30 p.m.
VFW Post 1504 (2100 E. Fourth) bingo, total of 24 games, starts at 6:45 p.m.
Sculleys Shooters (2221 E. Fourth) adult dance lessons. 7-9 p.m. $3 per person.
North Platte Senior Center (900 E. Tenth) the Golden Classics, a four-piece combo, plays a dance. 7-10 p.m. $3.
Thursday, Mar. 14
Touchdown Club - live DJ/karoke/music by Rascal, 9 p.m.-12 a.m.
Friday, Mar. 15
North Platte Public Library - Noon - 1 p.m. Irish music by the Flatrock Irregulars. Call library at 535-8036 to reserve a seat. No charge. Attendees can bring their brown bag lunch. Coffee, tea, or water provided.
Maranatha Camp Family night. 7-10 p.m. $6 per person or $30 per five or more household.
Alamo Bar - Chrome Divas present 'Diva Madness, a Lucky Shade of Chrome.' All bikers and friends night. $5/person, all you can eat. 50/50 raffle, games, door prizes. 8-11:45 p.m. Drink specials.
Saturday, Mar. 16
Downtown St. Patrick's Day parade, starts at 10 a.m.
Platte River Mall Tea, entertainment and sweets offered to raise money for the Bridge of Hope abuse shelter. Children and parents invited. Begins at 10 a.m. Tickets are $5 per child. Tickets not required for adults, but they are requested to accompany the children.
D&N Event Center - Paddy's Day Beatdown. Mixed Martial Arts battle with top fighters and amateurs. Starts at 7 p.m.
Sculleys Shooters (2221 E. Fourth) St. Patricks Day party. 9 p.m. Cover charge.
Sunday, Mar. 17
North Platte High School - Sandhills Symphony Orchestra Touch O Green concert that will celebrate Irish music, composers and music inspired by the color green. 3-4 p.m. Free will donation.
Neville Center (301 E. Fifth) Sanctus Real performance as a part of The Promises Tour with performers including JJ Heller, Unspoken and Bread of Stone. 6 p.m. Tickets $23.
Tuesday, Mar. 19
Childrens Museum (314 N. Jeffers) Monthly program/craft workshop. 10:30 a.m. Members free, non-members $4.
Neville Center (301 E. Fifth) Live performance by the Omaha Symphony Orchestra and will include some performances by elementary school children with recorders. 7:30-10 p.m. Adults $50; students $50; families $100.
Wednesday, Mar. 20
Thursday, Mar. 21
Friday, Mar. 22
Sculleys Shooters (2221 E. Fourth) Live music by Emmett Bower Band. 9 p.m. Cover charge.
Saturday, Mar. 23
Platte River Mall motorcycle show.
Espresso Shoppe (419 N. Dewey) Live Celtic world and folk music by Four Shillings Short. 7-9 p.m. Return engagement. Free will donation.
A to Z Books (507 N. Jeffers) Book signing for new book about the WWII Canteen, Bless Your Hearts 11 a.m.-2 p.m.
A to Z Books - 7-10:30 p.m. Open Mic Nite. Established performers and newcomers. Free-will donation. Refreshments provided or bring your own.
Sunday, Mar. 24
Wednesday, Mar. 27
Thursday, Mar. 28
Touchdown Club - live music/DJ by Rascal, 9 p.m.-12 a.m.
Friday, Mar. 29
Childrens Museum (314 N. Jeffers) Oohey Gooey Messy Marathon with Ken the science guy. Session includes learning how to make thinks stick with chemistry. Children can take projects home. Morning session for grades K-2: 10 a.m.-noon; Afternoon grades 3-6: 1-3 p.m. $10 for members; $15 for non-members.
Sculleys Shooters (2221 E. Fourth) Live music by Dollar Hyde (North Platte), Slantpiece (Kearney), and Surveying The Damned (North Platte). 9 p.m. $5.
Saturday, Mar. 30
Sculley's Shooters (2221 E. Fourth) - Live music by Innocent Mischief. 9-1. $5 cover.
Wednesday, Apr. 3
Wed. Apr. 3-Sat. Apr. 6
North Platte Community College, South Campus Fuddy Meers theater production.
Thursday, Apr. 4
Friday, Apr. 5
Sculleys Shooters (2221 E. Fourth) Live music by Hell Creek Bridge (Country). 9 p.m. Cover charge.
Saturday, Apr. 6
Platte River Mall Kids Carnival for Child Abuse Month. 1-4 p.m. Free to parents and children.
To list an event with this rundown, email information to firstname.lastname@example.com, call 696-0052 or drop a note at the Bulletin office, just east of Merrick's, 1300 E. Fourth.
Flatrock Publishing, Inc.
1300 E 4th St., Suite F
North Platte, NE 69101


text:
BP Comment Quick Links
|Strength of Schedule Report
October 21, 2013
The Week in Quotes
October 14-20
"I won't talk about the approach or what I thought—no, honestly, I told myself to get a pitch I can handle. Try to tie the game at the minimum. Get us back in the game and give us another chance. It was a special moment. It's been a special year, we battled, and good moments like this, you cherish it."
"People counted me out. People said last year I was done. But when I came here there was rejuvenation. There was something inside of me that said, 'I want to prove something. I want to prove that, you know what, that's the reason why I came here. Boston strong!"
"We were talking about, who else would [the MVP] be? The guy didn't throw a ball, let alone give up runs. It's special watching him finish games."
"I felt like I was going to throw up."
"I never faced (Scherzer). I watched a lot of him and knew he was an amazing pitcher. That first at-bat, I took two fastballs, just wanted to see the angle where the ball comes out because I never faced him and he has a weird kind of motion. And I ended up having a good day and we won."
"Jonny just brought that kind of attitude where, I don't want to cuss, but kind of a (expletive)-you attitude. We are not here for anything but to win… That's something we needed from the year previous."
"I couldn't even hear myself it was so loud. I can't believe it. I don't know what to think. I can't believe it. It was an awesome feeling."
"It just doesn't get called. And I'm not here to criticize Dan Iassogna. That's just the way it goes. If you don't hit your spots, you don't get calls. Even though it might've been in the zone, I didn't hit my spot exactly. That's just the way it goes."
"It rips your heart out. With this ballclub, I just knew we had everything it took to get to the World Series. There are a lot of things you can look back on, like if we were a little smarter and didn't make the mistakes we made."
"If 'if' was a fifth, we'd all be drunk."
"I was trying to keep us out of a double play, and once I saw Pedroia tag (Martinez) I kind of got stuck there. Just a double play anyway."
"People are looking for the faults, but he's actually gotten some hits in this series, and really hasn't swung the bat all that bad. I think a lot of people, when they think of Prince, they relate to the home runs. … But we've never asked Prince to hit home runs. We just want Prince to produce. He's always been a run producer, that's what we got him for. And that's what he's done ever since he's been here."
"You're darn right we needed to change something. So we changed something."
"There's truth in that. But when you look at it, we're not a team built on speed. We're a team built on power. You can have better speed at the top of the batting order. But when you've got guys like we have in Miguel Cabrera, Prince Fielder and Victor Martinez in the 3, 4 and 5 spots, you had better make sure that you're stealing those bases and not getting thrown out. Or that wouldn't make a lot of sense, either."
"It tells a great story every time we have a national event. We're very fortunate to have the four sports teams. For every negative, we have lots of great things on our side."
"I think he still thinks he's playing somewhere else. He has a lot of passion, no doubt about that, a lot of talent. I think with time he will learn that sometimes you have to be a little more calm, not only with not showing up the other team, but with the umpires, and the way he plays the game."
"He pimped it a little bit, but then he took off and he got a triple. You've got to play with a little bit of individualism, a little bit of flair. It's good for the game. He didn't show up the other team, in my opinion."
"In Cuba, you always see a lot of emotion on the field. Everyone is really giving it their best. It's their job to go out there and do the best they can, just like it's here in the big leagues. The people in Cuba are born to play baseball, and that's what you see on the field mostly."
"The Mickey Mouse ears, I was just having fun with the comment that was made earlier. Nothing against them or anything, it was just to have fun … If you're not having fun in the playoffs, then you don't deserve to be here. Just enjoying every moment of it."
"They're just having fun. I would hate to see a game where there wasn't any emotion. I like to see it. I think the fans enjoy it. I would love to see more."
"We're not playing Game 137 in August. This is the playoffs. Both teams are trying to get to the World Series."
"I would love to see some of the Cardinals facing [Bob] Gibson, or some of the Dodgers facing [Don] Drysdale. It would be totally different."
"I was walking along Michigan Avenue and there were some people who already recognized me. It seemed kind of strange, in a good way, though. With fans like that, you want to be part of it."
"Sometimes the ball seems like a beach ball. Sometimes it seems like a golf ball. It's kind of like a beach ball for me right now. There are a lot of great pitchers out here, guys who throw 95 [mph]. I want to see as much of them as I can, get to know as many people as I can, pick the coaches' brains, get to know my teammates and other players. It should be a great experience."
"They're not raw in their physical abilities, it's just being raw to the United States, how things are run. As far as the way they play the game, they're pretty advanced for 16 years old. They're not raw as far as their tools. Their tools are in place."
"Their talent is incredible. We were taking batting practice the other day, and one of the American players, who is probably 22 or 23 [years old], [was watching] I believe it was Gleybar hitting, and the kid said, 'At 16 years old, I was a sophomore in high school and I was going to geometry class, and this kid is in professional baseball and outhitting some of us.' It's amazing what they're doing."
"It's going to be a different experience for me [this offseason], because in years past, I trained as hard as I could train, but I knew Adrian Beltre would be at third base. This year, it's different, knowing I have a better shot of making a spot on the roster."
"It tells a great story every time we have a national event. We're very fortunate to have the four sports teams. For every negative, we have lots of great things on our side."
"I'm a little more confident about negotiating a contract now that I've shown all year that my hips aren't an issue, but I'm sure I'm going to have to go through all the steps again, with all the MRIs and talking to doctors. They're always going to say, 'What if?' But what if I got hit in the hand or got hurt in some other way that had nothing to do with my hips? So many things can happen, but I don't feel like my hips are a problem."
"There is a learning curve. Things aren't going to happen overnight. The Eiffel Tower wasn't built in a night. The Great Wall of China wasn't built in one night. It is going to take a little time. It's going to take a little patience. It takes dedication. I think, moving forward, we're going to be a really good team. I want to be part of when that happens."
"It's not like going down to Home Depot and pulling something out that you need that's broke and you've got to fix it. Ultimately, from a baseball operations standpoint, taking out all the areas of controversy, having Alex Rodriguez man third base is obviously by far the best option for the Yankees than what the alternatives would be in theory."
"Thanks for trying to find excuses, guys. I just didn't pitch well."
"What does it really matter, making the playoffs or coming in last place? If you don't win the World Series, it doesn't really matter ... all this other stuff. We had some good moments this year. We put together a good streak there toward the middle. But really, unless you win the whole thing it doesn't really make a difference."
"Watch out next year. If they don't take care of this kid with the amount of innings he's putting on that shoulder, I guarantee you there is going to be trouble next year for him. That bothers me a lot because, as an athlete, I would like to see the manager and pitching coach stick up for this team."
Nick Bacarella is an author of Baseball Prospectus.
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Blue Beetle live-action screen testJun. 15th, 2010 07:20 pm
First up is one of my personal favorites: a live action screen test of Blue Beetle transforming and something we're using in the hopes of bringing him to the small screen. There was so much excitement when I mentioned this on Twitter I thought I'd share a little more information…
I feel very fortunate to have been a part of Blue Beetle's introduction way back in INFINITE CRISIS. I've said it before, but thanks to the BLUE BEETLE series launched by Keith Giffen and John Rogers with a great design by Cully Hamner, Jaime Reyes rocks. Great character, great story, great look. He's already appeared in animation, had action figures and right now he's on my computer in live-action glory. I have an early special effects test that has been floating around of what his armored scarab-suit could look like. This isn't final. This isn't greenlit. It's only a test that was done. We still have a long way to go to see if we can get this off the ground and a lot of people to jump on board…but check out some stills:
For legality
Suggested tags: char: blue beetle/jaime reyes


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LMFAO Tickets
Grammy-nominated, Hollywood-based hip hop duo LMFAO consists of Redfoo (Stefan Gordy) and nephew Sky Blu (Skyler Gordy), both relatives of famed Motown Records founder Berry Gordy. LMFAO burst onto the electro hop scene in 2008 with their infectious rap infused party anthems, including "Party Rock Anthem" and "Sexy And I Know It", after being signed to Redfoo's childhood friend will.i.am's label. These boys know how to make a party. You won't want to miss a LMFAO tour so don't delay and get your LMFAO tickets here - guaranteed, safe and secure!
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Topic: Lessons learned on chemo
Even though I'm very new here (and very new to CC), I thought I'd share a couple of things we have already learned along the way.
Mom did 3 cycles of Gem/Cis- but we were ready to call it quits after the first treatment- we even ended up getting second half of cycle a day late.
1. Don't get dehydrated- if you do, even local patient first or ER will examine and administer fluids. Even though we thought we were looking for "dehydration symptoms", fluids were needed before then and turned her around. Years back my husband went through chemo for colon cancer- they ended up giving him two bags of fluids before each treatment and it also was the cure to his nausea.
2. They can adjust your meds. First round Emend was given in low dose through IV and pills to take on day 2 &3 at home. They changed to giving a larger dose of emend during treatment (it also save the $385 co-pay for 4 pills per cycle).
3. I think adding steroids were the key (Dexamethasone)- pills taken day of treatment and also at home days 2, 3, and 4. It also boosts the energy level.
4. If the chemo is burning going in, speak up. Having them lower the trip on the bag to make it take 45 minutes rather than 30 minutes cut the burning.
Mom was ready to give up after first week, but hydration and meds, made huge difference (I know everyone is different and I am not a health care provider). By second and third cycle, we were able to cut out zofran and other anti-nausea drugs.
Other thing is make sure you have people ready to go and get whatever food you are craving- it seems like tastes change.
Best wishes to all.


text:
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You can refine your job search for Sales career opportunities in Boise by adding a job title, company name, or keyword to the search box above … or click the "Advanced Search" link for more options.
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The legal controversies over athletes' rights-of-publicity rage on. Two pending appellate decisions offer some hope that a rational conclusion might be in sight. The head of Manatt's Sports Law Practice Group, Ron Katz, had the article below on this subject published in Law360:
A recent New Jersey federal district court decision, Hart v. Electronic Arts Inc., described the body of law attempting to balance First Amendment rights with the right of publicity as "disordered and incoherent,"[1] a description with which those practicing in this subject area would readily agree. Ironically, however, Hart exacerbated this incoherence by coming to, on the same facts, an opposite conclusion from a California federal district court decision that preceded it by 18 months, Keller v. Electronic Arts.[2]
Both of those cases are now on appeal, to the Third and Ninth Circuits respectively. The purpose of this article is to explore one of the central issues that arose from the diametrically opposed reasoning of these cases — transformativeness.
In summary, if an image of a person is transformed sufficiently, then the First Amendment trumps the right of publicity and vice versa. The results of these appeals on the issue of transformativeness are likely to have a dramatic impact on athletes' rights of publicity in one of the most important marketplaces for those rights, video games.
The Facts
The facts of these two cases are familiar to all who play the popular Electronic Arts football video games. The facts are summarized respectively in the two cases,[3] differing principally in the description of the plaintiffs.
Basically, the manufacturer of the video games, EA, uses as avatars players for real college teams who, although they are not identified by name, are recognizable. As the Keller court stated:
[Plaintiff] claims that these virtual players are nearly identical to their real-life counterparts: they share the same jersey numbers, have similar physical characteristics and come from the same home state. To enhance the accuracy of the player depictions, Plaintiff alleges, EA sends questionnaires to team equipment managers of college football teams. Although EA omits the real-life athletes' names from 'NCAA Football,' Plaintiff asserts that consumers may access online services to download team rosters and the athletes' names, and upload them into the games.[4]
These images are alterable, as noted by the New Jersey court:
[Plaintiff's] image in NCAA football ... can be altered in many ways--from his personal characteristics (height, weight, athletic ability), to his accessories (helmet, visor, wristband). In addition, the image's physical abilities (speed and agility, throwing arm, passing accuracy), attributes and certain biographical details (right handed/left handed) can also be edited by the user.[5]
But, as also noted by the New Jersey court, "the game initially displays the virtual player in an unaltered form."[6]
The players receive no compensation for the use of their images. They filed these class action lawsuits seeking such compensation as damages.
Procedural History of the Two Cases
In both cases there were motions to dismiss. In the Keller case that motion was denied.[7] In the Hart case there was, in the alternative, a motion for summary judgment, which the court granted.[8] Therefore, although there has been some factual development through exhibits, judicial notice and declarations, neither case was yet at the discovery stage.
In the Keller case there was also a motion under California's SLAPP (Strategic Lawsuits Against Public Participation)[9] statute, which discourages frivolous suits impinging on speech. That motion was also denied,[10] but that denial is appealable. Although technically the SLAPP motion is under appeal, the issues are very close to those from the motion to dismiss.
The California Court's Analysis of the Transformativeness Issue
The California court first notes the elements of a common law right of publicity claim: (1) the defendant's use of the plaintiff's identity; (2) the appropriation of plaintiff's name or likeness to defendant's advantage, commercially or otherwise; (3) lack of consent; and (4) resulting injury.[11]
The court then describes the affirmative defense of transformativeness:
A defendant may raise an affirmative defense that the challenged work is 'protected by the First Amendment inasmuch as it contains significant transformative elements or that the value of the work does not derive primarily from the celebrity's fame.'[12]
Quoting the landmark California Supreme Court case on the transformativeness defense, Comedy III,[13] the Keller court describes its main inquiry:
Whether the celebrity likeness is one of the "raw materials" from which an original work is synthesized, or whether the depiction or imitation of the celebrity is the very sum and substance of the work in question. We ask, in other words, whether a product containing a celebrity's likeness is so transformed that it has become primarily the defendant's own expression rather than the celebrity's likeness. And when we use the word "expression," we mean expression of something other than the likeness of the celebrity.[14]
Comedy III involved line drawings of the Three Stooges on a T-shirt. The California Supreme Court held that this depiction was not sufficiently transformative to enable a First Amendment affirmative defense.
The Keller court then looked to two other California decisions to determine the standard for transformativeness. The first, Winter,[15] depicts two "fictional" characters, Johnny and Edgar Autumn, who are, as Keller states, "less than subtle evocations of Johnny and Edgar Winter,"[16] who are celebrities. These celebrities, however, were depicted as half human and half worm, which the California Supreme Court held was sufficiently transformative to effectuate the First Amendment affirmative defense. The Keller court referred to Winter as the opposite "bookend" to Comedy III.[17]
The second case that the Keller court looked at and that the Keller court said fell in between these bookends was Kirby,[18] which involved a current-day musician and singer who, in a video game, was transformed in both her looks and in her profession to a 25th-century investigative reporter. The court deciding Kirby held that these facts were considered sufficiently transformative to effectuate the First Amendment affirmative defense.[19]
Using the cases above as guideposts, the Keller court ruled that the depiction of Keller was not sufficiently transformative to trigger the First Amendment affirmative defense:
Here, EA's depiction of Plaintiff in "NCAA Football" is not sufficiently transformative to bar his California right of publicity claims as a matter of law. In the game, the quarterback for Arizona State University shares many of Plaintiff's characteristics. For example, the virtual player wears the same jersey number, is the same height and weight and hails from the same state. EA's depiction of Plaintiff is far from the transmogrification of the Winter brothers. EA does not depict Plaintiff in a different form; he is represented as what he was: the starting quarterback for Arizona State University. Further, unlike in Kirby, the game's setting is identical to where the public found Plaintiff during his collegiate career: on the football field.[20]
Furthermore, the Keller court rejects EA's position that the focus of the court's analysis should be on the video game taken as a whole rather than on the person depicted:
EA asserts that the video game, taken as a whole, contains transformative elements. However, the broad view EA asks the Court to take is not supported by precedent. In Winter, the court focused on the depictions of the plaintiffs, not the content of the other portions of the comic book. The court in Kirby did the same: it compared Ulala [the musician-singer] with the plaintiff; its analysis did not extend beyond the game's elements unrelated to Ulala. These cases show that this Court's focus must be on the depiction of Plaintiff in "NCAA Football," not the game's other elements.[21]
The New Jersey Court's Analysis of the Transformativeness Issue
The New Jersey court came out in the exact opposite way from the California court on the last issue mentioned above, i.e., whether the court should focus on the person depicted or on the other elements of the video game:
Finally, I disagree with Keller's approach of focusing solely on the challenged image, as opposed to the work as a whole. Contrary to Keller's reasoning, I read Kirby as looking at the video game in that case, as a whole. By focusing on the setting in which the Ulala character appeared, Kirby considered the entire game. Similarly, the Winter court considered that the purported images of the Winter brother musicians were "cartoon characters--half-human and half-worm--in a larger story, which is itself quite expressive." Id. at 890. While the Winter Court did focus most of its attention on the fanciful worm-like characters, it also considered the larger story of which the characters were a part. Moreover, in my view, it is logically inconsistent to consider the setting in which the character sits, which Keller does in its analysis, yet ignore the remainder of the game.[22]
The problem with this analysis, however, is that the setting in the current cases is the very setting in which the person depicted is normally found: on a football field playing football. The New Jersey court realized this:
On the other hand, that Hart's image is placed in a college football game is problematic for EA's assertion of a transformative defense. Placing present and former college athletes, including Hart, into the fittingly-titled NCAA Football game setting strongly suggests that the goal of the game is to capitalize upon the fame of those players. Indeed, "[i]t seems ludicrous to question whether video game consumers enjoy and, as a result, purchase more EA-produced video games as a result of the heightened realism associated with actual players." Holmes, supra at 20. This, alone, however, does not mean that EA's use of Hart's image was not transformative. See Winter, supra at 889 ("[i]f it is determined that a work is worthy of First Amendment protection because added creative elements significantly transform the celebrity depiction, then independent inquiry into whether or not that work is cutting into the market for the celebrity's images ... appears to be irrelevant.").[23]
This realization pushes the New Jersey court in another direction in order to find transformativeness, i.e., using the fact that the people depicted can be altered:
EA created the mechanism by which the virtual player may be altered, as well as the multiple permutations available for each virtual player image. Since the game permits the user to alter the virtual player's physical characteristics, including the player's height, weight, hairstyle, face shape, body size, muscle size, and complexion, see e.g., Strauser Decl., Exh. F at 4 (Part I) (displaying "Edit Player - Appearance" screenshot), it follows that EA's artists created a host of physical characteristic options from which the user may choose. For example, EA artists created the several different hairstyles that can be morphed onto the image. See id. The Court's review of the game revealed eight such hairstyle options: fade 1, fade 2, close crop, buzzout 1, buzzout 2, afro, balding 1, and balding 2. In my view, the creation of these varied potential formulations of each virtual player alone makes the game a transformative use of Hart's image.[24]
The New Jersey Court's Error: Alterability Does Not Equate to Transformativeness
As noted above, the New Jersey court acknowledges that "the game initially displays the virtual player in an unaltered form."[25] This fact is highly significant because, regardless of the alterability of that form, the fact that it is initially unaltered creates a viable cause of action. Assuming arguendo that altered versions are not actionable, there is no reason why the unaltered version is not actionable.
The Third Circuit panel reviewing Hart on appeal specifically noted this error during oral argument while questioning EA's lawyer:
THE COURT: If we assume for a moment that people are attracted to your client's game because of its realistic portrayal of players, where should we look to find EA's own expressive content, as opposed to simply the celebrity's likeness? We touched on this earlier, but I want to get back to it. The problem we're having and we're grappling with is Ryan Hart is no different than the quarterback of any other college that's featured in the game. People are going to go to the Mississippi State or Princeton or Rutgers because they have an affinity towards them and they want to play with that person. Judge Wolfson [the New Jersey judge] seemed to focus on the fact that you can make Ryan Hart left-handed, you can put the wristband on the other hand, and so forth, which seemed to me, frankly, to miss the point. People are coming to a game; they're buying your client's game because they want to, whatever, relive glory, see their players play —
THE COURT: They want to see Ryan Hart just as Ryan Hart performed.
THE COURT: Right, because they had fun. It seems to me that when she [Judge Wolfson] was focusing on the other parts of it that were provided, it was kind of beside the point...[26]
The comments of the Third Circuit judges immediately above may be the light at the end of the right-of-publicity tunnel of "disorder and incoherence." Whatever, if anything, is being expressed by video football games could be expressed by using pure avatars not depicting actual players. The only reason to depict those actual players is to make more sales, not to express anything more.
Therefore, the right of publicity should trump the First Amendment in video games that are no more than games that have never been played. Perhaps the answer would be different if the video games depicted actual, historical games, but that fact pattern is not yet before the courts.


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Accidents at Stephanie and Genoa Lane
May 10, 2014
A three-vehicle accident resulted in minor injuries on Tuesday evening, according to the Nevada Highway Patrol.
The preliminary investigation revealed that Gardnerville resident Barbara Jean Knight, 57, was driving a 2000 Ford Superduty pickup south when she entered the left turn lane and struck the rear of a Chevy Colorado driven by a Minden resident. The Colorado was pushed into a Jeep Liberty that was also driven by a Minden resident.
A single-vehicle rollover on Genoa Lane near the Settelmeyer silos resulted in a Genoa man being helicoptered to Renown Regional Medical Center on May 3.
According to the Nevada Highway Patrol, the accident was reported at 6:52 p.m.
Injured in the accident was Wayne A. Eichhorst, 49, when he lost control of his 1998 Dodge Ram pickup as he was travelling east.
No one else was in the vehicle.


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Let's get this straight first: A pure defensive player will never win the Heisman. It's just the nature of the award. The one defender who did win–Michigan's Charles Woodson–did so because he also played wide receiver and returned punts. Take away the gimmick of Woodson being a two-way player and Peyton Manning would've had a Heisman to add to his wonderful NFL accomplishments.
That all said, there is nothing to prevent defensive players from getting Heisman votes and, on occasion, catching fire and making it to New York as a finalist. Tyrann Mathieu's fifth-place finish last year is a great example of that. The closest a pure defensive player has come to winning was 1980, when Hugh Green of Pittsburgh placed second, just 267 points behind George Rogers of South Carolina.
While they can't win, defensive players can sway close races, as one did in 2009 when Ndamukong Suh cost Colt McCoy the Heisman by topping the Longhorn quarterback in the Southwest region. Give McCoy half of Suh's 161 first-place votes and he–not Mark Ingram— is probably that year's Heisman winner.
So who are the defensive players with the best chance of making an impact on this year's Heisman race? Who might actually make it to New York as a finalist in 2012?
Here's my list:
1. Jarvis Jones, LB, Georgia — To make hay in the Heisman race as a defender, you must make plays. Jones does just that. He was all over the place for the Bulldogs last year, making 70 tackles, with 19.5 of them for loss, plus 13.5 sacks, 2 forced fumbles and 2 pass breakups. He's on the short list for all the defensive awards, so the spotlight will be on him. If he has another big year, Heisman voters might be inclined to take notice.
2. Manti Te'o, LB, Notre Dame — Te'o has put together a fine career for the Irish and his return for a fourth season was somewhat of a surprise. The face of the Notre Dame defense, he'll be counted on to help make up for the loss of talented defensive end Aaron Lynch. Te'o had 128 tackles, 13.5 tackles for loss, 5 sacks and a forced fumble in 2011. Playing for Notre Dame always helps when it comes to the Heisman race, so it's possible he'll get some votes.
3. Tyrann Mathieu, DB, LSU — Mathieu is No. 3 on this list despite finishing fifth in last year's Heisman vote. That's because he is likely to be the victim of his own remarkable success. The expectations are high for 2012, but it might be really hard to duplicate the magic of 2011, when he had 76 tackles, with 6 forced fumbles (all of them seemingly coming at crucial points in games), 2 interceptions and 7.5 tackles for loss (not to mention 2 amazing punt return touchdowns). A dropoff of sorts is to be expected, but The Honey Badger still has a good chance to make some noise in the Heisman race.
4. Jadeveon Clowney, DE, South Carolina — The freakish sophomore end should come into his own in 2012 after a good freshman season in which he had 36 tackles, 12 tackles for loss, 8 sacks and 5 forced fumbles. He was the No. 1 overall recruit in the nation in 2011, so great things are expected of him. If he lives up to the hype, Heisman voters will reward him accordingly.
5. Jackson Jeffcoat, DE, Texas — Jeffcoat had a fine sophomore season with 63 tackles, 17 tackles for loss and 8 sacks. Despite those stellar numbers, one gets the sense he still hasn't come close to fulfilling his potential. He might get there as a junior, which could result in some Heisman attention.
6. Tony Jefferson, S/LB, Oklahoma — Jefferson is a versatile and explosive defender in the mold of past Sooner hybrid-type defensive backs like Roy Williams and Donte Nicholson. He had 74 tackles, 7.5 tackles for loss, 4.5 sacks and 4 interceptions as a 2011 sophomore. If he improves on those numbers and helps the Sooners to the Big 12 title, he might make some noise in the Heisman race.
7. Arthur Brown, LB, Kansas State — Brown really came into his own as a 2011 junior, as the former highly-touted recruit made 101 tackles with 9.5 tackles for loss, 2 sacks and an interception (of Heisman winner Robert Griffin III, no less). Brown is the latest in a stellar line of fast and tough K-State linebackers, so look for a ton of honors to flow his way if he comes through with a special senior season.
8. David Amerson, CB, North Carolina State — As with Mathieu, Amerson will be hard-pressed to match what he did last season, when he led the nation with 13 interceptions. But if he comes close to that number, he'll probably win the Thorpe Award and get some mention in the Heisman race.
9. William Gholston, DE/LB, Michigan State — The pterodactyl-like Gholston had 70 tackles, 16 tackles for loss and 5 sacks as a true sophomore. He's a superior athlete despite checking in at 6-7, 280 and he'll be the big star on a tough Spartan defense in 2012. He could be an intriguing option for Heisman voters.
10. Shariff Floyd, DT, Florida — Floyd is a major talent who has yet to put it all together for the Gators. He had 46 tackles and 6.5 tackles for loss last season, though he did miss the first two games of the year. If any interior lineman is destined to explode onto the national spotlight and makes noise in the Heisman race, I think it'll be Floyd.Powered by Sidelines


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Ortiz effective, but Blue Jays blanked by Lester
Red Sox lefty allows only one baserunner, on Izturis' double in sixth
BOSTON -- The Blue Jays' offence has been showing signs of life during the past week, but when it came to facing Jon Lester, there was never really much of a chance.
Boston's ace dominated a Toronto lineup that appeared completely overmatched for most of the game. There were a few hard-hit balls, but in the end, there was next to nothing to show for it.
Infielder Maicer Izturis recorded the lone hit while Lester tossed his third career shutout in Toronto's 5-0 loss to Boston on Friday night at Fenway Park.
"We've always seen him good," Blue Jays manager John Gibbons said. "He's one of the better ones in the game and especially as those first few innings go along -- from the side it's tough to tell -- but then you look up at the replays, his balls are cutting, good changeup. He carved us up pretty good tonight."
The Blue Jays appeared as though they were in jeopardy of making history as their first 17 batters were retired in order. Lester needed just 71 pitches to get it done and the only dangerous shots came off the bat of Brett Lawrie, who had a pair of line drives hit directly at Red Sox defenders.
It wasn't until Izturis came to bat with two outs in the sixth that the perfect game bid finally came to an end. Izturis sent the first pitch he saw from Lester into the left-field corner for a double, his seventh extra-base hit of the season.
Lester quickly got out of the sixth by striking out designated hitter Adam Lind and then continued on without allowing another baserunner. He required 118 pitches to record the 10th complete game of his career and first of the season.
"It happens; we're a free-swinging team, there's no question about that," Gibbons said. "Your top pitchers, a lot of the time, when they get ahead of you, they're really tough. He's pretty good."
The 29-year-old Lester struck out five and didn't walk a batter. His dominating outing was a continuation of the success he's had versus Toronto, as he entered the game with a 12-7 mark and 3.82 ERA in 24 career starts against the club.
It marked the first time the Blue Jays had one hit or less since the club was no-hit by Detroit's Justin Verlander on May 7, 2011. The lack of offense also marked the fourth time this season Toronto has been shut out and the first time it was unable to score a run at Fenway since 2010.
Lester improved to 5-0 in eight starts this season and lowered his ERA to 2.73. The five strikeouts were a season low, but it didn't seem to matter as the Blue Jays were unable to string anything together.
"I want them to hit as quick as possible, kind of like what they did early on," Lester said. "Especially with that lineup, if you're able to throw some four-seamers, throw some sinkers and get them off their game plan, it helps. The biggest thing is keeping the ball down. That showed tonight with how many balls they beat into the ground."
Blue Jays right-hander Ramon Ortiz proved to be an unlikely adversary to Lester through the first five innings. His only blemish came in the second when he allowed a run on a fielder's choice after putting runners on first and third.
With the exception of that inning, Ortiz kept Boston off the scoreboard as he pitched out of difficulty with men on base. He allowed just four hits, but walked five. The five walks and the fact that he threw 96 pitches required his departure after five innings.
That was more than the Blue Jays realistically could have expected from the veteran hurler, who was promoted from Triple-A Buffalo to make Friday's start after Brandon Morrow was scratched because of muscle spasms in his upper back and neck.
"That's what we had to do when there was people on base," said Ortiz, who was making his first big league start since July 10, 2011, with the Cubs. "I tried to throw my best pitch down and away or down and inside. Make a good pitch."
Ortiz's outing was a statement of sorts as the Blue Jays have a pair of openings in their rotation. His performance could have been enough to win another start on Wednesday versus the Giants as Toronto continues to be without the services of Josh Johnson and J.A. Happ.
The 39-year-old veteran didn't want to say too much about his chances of sticking around, but Gibbons certainly seemed inclined to give the Dominican native another shot.
"I sure think so, I don't know how he could have done more," Gibbons said.
"He did a tremendous job. He kept us right there. The game got out of hand in the seventh, but he did everything and more than we wanted to or expected. Good for him."
Left-hander Brett Cecil pitched a scoreless sixth, but in the seventh, he allowed the first three batters he faced to reach. Right-hander Mickey Storey entered and allowed back-to-back run-scoring doubles to Daniel Nava and Jarrod Saltalamacchia in the four-run frame.
The Blue Jays have lost three consecutive games after their season-high three-game winning streak earlier in the week. They are 11 games below .500 to match a season low and continue to lose ground in the American League East.
Gregor Chisholm is a reporter for MLB.com. Read his blog, North of the Border, and follow him on Twitter @gregorMLB. This story was not subject to the approval of Major League Baseball or its clubs.


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Studies indicate that high quality protein can stimulate muscle protein synthesis after both resistance and endurance exercise. In a recent study, highly trained cyclists exercised for 90 minutes on 2 occasions. Immediately after exercise and then again 30 minutes later, the subjects consumed 25g of carbs (50g total). During 1 of the trials, subjects added 10g of whey protein isolate to the carbs, providing a total of 20g of protein.
As expected, only the carb-protein trial resulted in increased levels of amino acids in the blood. The rate of mitochondrial protein synthesis was not different between trials. However, contractile muscle protein synthesis was 35% greater during the carb-protein trial compared to the carb-only trial.
The results point to the importance for endurance athletes to add protein to recovery drinks for the purpose of specifically increasing proteins responsible for muscle contraction.


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A new pilot flight- and duty-time rule proposed by the U.S. FAA has elicited a predictably negative reaction from the airline lobby, but even elements within the pilot community have voiced opposition to a number of the plan's most fundamental provisions. The Air Transport Association (ATA), for one, accuses the NPRM's authors of an attempt at regulatory overreach, while the Coalition of Airline Pilots Associations (CAPA) complains that the rule doesn't go far enough.
"We are concerned that the proposed rule reflects a lack of understanding by the FAA of how airlines operate," said ATA president and CEO James May. "Our concerns are validated by the fact that the FAA's economic analysis is off the mark by at least a factor of 15 in its impact assessment, making it imperative that this proposal be significantly revised."
The ATA estimates that the rule would cost the U.S. airline industry $19.641 billion over 10 years, while the FAA places the cost at some $1.254 billion. The ATA accused the FAA of adding measures not supported by scientific research and driven by "extraneous" political considerations. The group also accused the FAA of "a lack of rigor" in its data analysis, specifically in its reliance on accidents in which fatigue did not contribute to the cause, accidents in which other regulations addressed the primary cause and accidents that occurred before the current operating and regulatory environment prevailed. Furthermore, said the ATA, the NPRM ignores the operational experience of the international airline community. It pointed out that neither the UK's CAP-371 regulation nor the EU's subpart Q regulation contains a daily flight-time limit. "This is because the body of scientific research and literature demonstrates that in the face of a reasonable [flight duty period], a daily limit is duplicative and unnecessary," said the ATA.
Meanwhile, CAPA–a group representing 28,000 pilots flying for 15 U.S. airlines–complains that the proposed rule would increase the maximum block-hour limit from eight to 10 hours and eliminate the weekly limit of 30 flying hours. According to CAPA, the weekly limit, which the NPRM would instead base on duty periods, could result in 50 flight hours in a week. "There is no scientific data to show that increasing flight hours worked will reduce fatigue," said the coalition. "Common sense would suggest these increases would only increase the risk of fatigue."
CAPA also objects to the NPRM's proposed increase in the minimum rest requirement from eight hours off duty to nine hours, not including travel time to a hotel, for both domestic and international flying. The coalition expressed particular concern that the new rule appears to ignore the effects of multiple time zone changes during international operations, in effect allowing for a 44-percent reduction in rest for international flying. In response, CAPA has called for a strict minimum rest period of 10 hours for domestic flying and 14 hours for international flying.
Unveiled on September 10, the NPRM represents the most sweeping attempt to overhaul the FAA's flight- and duty-time regulations since the FAA last updated the rules in 1985. In fact, one of its primary goals centers on the establishment of a single set of regulations for domestic, international and unscheduled flying. It would adopt "a new approach" to measuring a rest period that guarantees an opportunity for eight hours of sleep and varied requirements based on time of day, number of scheduled segments, flight types, time zones and the likelihood that a pilot can sleep under different circumstances. The proposal would limit the daily flight-duty period to 13 hours, which could slide to nine hours at night (depending on takeoff time and number of segments scheduled). Current rules allow for a 16-hour duty period between rest periods.
Current rules limit pilots flying domestically to 30 hours of flight time during any seven consecutive days. They limit those flying international operations to 32 hours over the same time period, while no limit exists for supplemental operations. The proposal provides pilots with at least 30 consecutive hours per week free from all duty, compared with the current 24 hours. The proposed rule defines "flight duty" as the period of time when a pilot reports for duty with the intention of flying an aircraft, operating a simulator or operating a flight-training device. A pilot's entire duty period can include both "flight duty" and other tasks that do not involve flight time, such as record keeping and ground training.
The NPRM must become final by next August under a deadline set by Congress.


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Are you a TRICARE beneficiary? If so, you can get tobacco cessation medications such as over-the-counter nicotine replacement therapies and prescription medications to help you quit tobacco. At no cost to you, TRICARE beneficiaries can receive medications through the TRICARE Pharmacy Home Delivery and military pharmacies. All you need is a prescription from your primary care provider or another health care professional. Smoking cessation medications are not covered at retail pharmacies.
Visit TRICARE's Smoking Cessation Page
Used correctly, medicines can double your chances of quitting and staying quit, especially if you are nicotine dependent. While medicines alone can't do all the work, they can make quitting and nicotine withdrawal less difficult.
Some medicines have nicotine in them and are called Nicotine Replacement Therapies (NRTs). Others do not contain nicotine, but they reduce nicotine cravings or help with nicotine withdrawal symptoms.
You can get some of these medicines over the counter without a prescription. For others, you need a prescription from your doctor.
Click on the links below to learn more about tobacco cessation medications:
Information on this site is not a recommendation or prescription. It is not a substitute for the advice of a doctor or pharmacist.
Products like nicotine gum or patches give you low doses of nicotine to replace the nicotine from cigarettes or smokeless tobacco. NRTs can help with nicotine withdrawal and lessen your urge to smoke.
You need a prescription to buy a nicotine inhaler or nasal spray. But you can buy nicotine gum, nicotine patches, and nicotine lozenges over the counter.
When using an NRT, it's important to remember:
Medicines like Zyban and CHANTIX* contain no nicotine, but they can help with withdrawal when you quit and can lessen the urge to smoke or chew. Ask your doctor or pharmacist if these medicines may be right for you. You may need a prescription for these medicines.
* NOTE: Serious neuropsychiatric symptoms have occurred in patients being treated with CHANTIX. All patients being treated with CHANTIX should be observed for neuropsychiatric symptoms, including changes in behavior, agitation, depressed mood, suicidal ideation, and suicidal behavior. Patients attempting to quit smoking with CHANTIX and their families and caregivers should be alerted about the need to monitor for these symptoms and to report such symptoms immediately to the patient's health care provider. CHANTIX should not be used by personnel operating aircraft (including aircrew and air traffic controllers) and missile crew members.
Find out more about Quit Tobacco - UCanQuit2.org.
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Don't know if this got posted, but it needs a thread
Good. Hope USC hires him.Silver added that offensive coordinator Pep Hamilton is under pressure within the Colts' facility to "step up his game" after the offense got off to slow starts in the past several weeks. According to two sources, there a feeling that Hamilton might be having a tough time adjusting in his first season as an NFL play-caller.
According to Silver, there is a belief that the team has struggled to free up receivers in the wake of Reggie Wayne's injury. The play-calling might get more imaginative and aggressive this week to combat the bracket coverage T.Y. Hilton is facing.


text: And... If you could merely go beyond creating new realities to constantly switching realities on the same issue, just think how far you could go. He'll, you could probably even run for some high office. Like president. Of course your new reality might be that you would lose. Oh, wait...This quote is hidden because you are ignoring this member. Show Quote


text: The Midwest Organic & Sustainable Education Service (MOSES) announces that an organic dairy pasture walk and farm tour will be held on Wednesday, August 24, from 1pm 4pm at John and Kay Wiemer's Organic Dairy Farm near Arcadia, WI. The event is free and will be held rain or shine. Beginning and experienced producers are invited to join farmers John and Kay Wiemer as they discuss their pasture conversion experiences, rotational grazing system, organic pasture management, waterway conservation practices and manure management. In addition, Organic Valley veterinarians Dr. Paul Dettloff and Dr. Guy Jodarski will be on hand to discuss organic herd health management. The Wiemers have found that grazing cattle more intensively has had many benefits on their farm. Pasturing has reduced their input and labor costs and improved the health and longevity of their cattle. As good stewards of the land, they have also been pleased to see reduced soil erosion and manure runoff. Their farm, a combination of rolling hills and flat fields, has a stream that flows into the Trempealeau River, a tributary of the Mississippi, so they've incorporated conservation practices like creek rip rapping, creek fencing, strip cropping and CRP set aside into their farm management plan. The Wiemer family has been farming near Arcadia since 1935. John bought the farm from his parents in 1987 and began the transition to organic in 1999, becoming certified in 2002. Today, the farm consists of 157 acres owned and another 293 rented. The Wiemers produce corn, barley, rye, winter wheat, alfalfa and pasture to feed 85 milking cows and their young stock. The organic dairy pasture walk is sponsored by Organic Valley and the Midwest Organic and Sustainable Education Service (MOSES). Attendance is free, all are welcome and refreshments will be served. MOSES is a non-profit education and resource organization based in Spring Valley, WI, that works with farmers, farming organizations, and government agencies to organize its organic farm field days. Field day sessions are open to all farmers, agriculture professionals, and those interested in organic and sustainable farming practices. MOSES provides free information and resources to attendees of its field days, trainings and farm events. Pre-registration is preferred. There are three easy options to register for MOSES field day events: online at www.mosesorganic.org, call (715) 778-5775 or email: firstname.lastname@example.com. 08.05.2011


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Our cycling books and videos are a good way to get tips, information & training for the times when you're not on the road or trail. Informative and entertaining, these cycling books, CDs and videos also make great gifts for the cyclist in your life. One word of safety, it's probably not wise to watch the videos or read the books when you're on your bike... just sayin'.
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