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ACE Fit Share
Add some variety to your fitness routine with these upper and lower leg exercises from The American Council on Exercise. We have a large selection of leg exercises that will will help you strengthen and build muscle throughout your legs including your hamstrings, thighs, shin and calf muscles. Start taking advantage of this free information today! If you are looking for full workout routines that incorporate these leg exercises, check out our Workouts section.
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Learning how to do two classic foundational exercises—the push-up and the hip hinge—can help you build get fit, strong and flexible for life. Begin by mastering these two oldies but goodies, watch your strength, fitness and flexibility skyrocket while you avoid injuries.
Rowing machines may not be the most popular machines in the gym, but maybe they should be. After all, rowing recruits many muscle groups and can provide a total-body, cardiovascular, muscle-building workout. Here is a brief primer on rowing technique, along with three fun...
Tight IT bands—those long pieces of connective tissue that run along the outsides of the legs—can be symptomatic of imbalances or weaknesses in other parts of the legs or hips. Yoga, when practiced with proper alignment and body awareness, is effective for finding those...

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Best airfares from Adana to IstanbulJetradar compares airfares from Adana to Istanbul with hundreds of airlines (including Turkish Airlines, Pegasus Airlines, Egypt Air ) and dozens of online travel agencies in one single place. We provide you with all the options to find the cheapest flights to Istanbul, you choose where to book. Also there you can find airlines special offers from Adana to Istanbul. The cheapest round-trip price found within the last week was £30. The cheapest oneway price found within the last week was £11.
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Why change, La Mesa?
Developer describes future vision of the Village
Jay Anderson 10:30 a.m., June 25
June 15, 2011, Yosemite Falls and all the rivers and falls through-out the Valley, were fuller and faster than we had ever seen before!
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Posted September 6, 2011
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Wednesday, March 5, 2014
The Hood River Aquatic Center hosts special open swims and offers scholarships for swim lessons.
Aqua Zumba classes will be offered every Monday morning from 10-11 a.m. and every Monday evening from 6-7 p.m. for the month of March. The cost is general admission to the Aquatic Center, and there is a suggested donation of $1-$2 for the certified instructors.
Tuesday and Thursday afternoons from 3:30-5:30 p.m., there will be no public lap lanes due to Hood River Valley swim team and water polo practice. On Fridays, there will be no public lanes from 3:30-5 p.m.
In celebration of spring break, the Aquatic Center will host special open swims Monday, March 24, through Friday, March 28, from 1-3:30 p.m. The slide and rope swing will be open, and the party room is available for rental.
The Hood River Aquatic Center is offering swim lesson scholarships to Hood River residents. In order to qualify for a scholarship, the participant must be on the free and reduced lunch program at the school district. For more information, call 541-386-1303.
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A damaged rail car from the June 3, 2016 oil train derailment and fire is transported from the crash site via truck on I84. Enlarge


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Pakistani cabinet approves Iran gas pipeline project
January 31, 2013 - 09:41 AMT
PanARMENIAN.Net - The Pakistani federal cabinet on Wednesday, Jan 30, gave green signal for initiation of Pakistan-Iran gas pipeline project which is scheduled to be completed in January 2015, according to Pakistan Today.
Iran had agreed to provide $ 500 million for the project. The Pakistan government says the money will be spent on the completion of the project. However according to Iranian sources an Iranian company will undertake laying of pipeline even in the Pakistan area.
The Pakistan, Iran project had seen many ups and downs and finally it seems it has been put on track. Iranians were very keen to have this project with Pakistan.
Top stories
The lawsuit centers largely on events in Cizre, one of several urban areas in the Kurdish southeast that was heavily damaged.
The United Kingdom itself now faces a threat to its survival, as Scotland voted 62 percent in favor of staying in the EU.
The 41-page report by the UN cited slave markets in Syria where Yazidi women and girls are sold exclusively to IS fighters.
Turkey, he said, had "gone backwards" in terms of its democratic institutions and it was a "million miles away" from the EU.
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Gyumri embraces humor, resilience, development despite quake misery According to the article, the youth constantly confirm that Gyumri is the "cultural center of Armenia" and far surpasses Yerevan.
Facebook rolling out movie maker Slideshow for iOS Each Slideshow is automatically composed for you, combining photos and videos with themed music and transitions.
"Dangerous Liaisons" scribe to lead Odessa Film Fest Jury Christopher Hampton won an Oscar and a BAFTA award for Stephen Frears' 1988 movie "Dangerous Liaisons".
Asa Butterfield's "Space Between Us" set for December release The sci-fi adventure is launching five days after Disney opens "Rogue One: A Star Wars Story."


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Relevant offers
New Zealand under-17 representative Olivia MacDonald has transferred her indoor volleyball success to the beach.
The New Plymouth Girls' High School senior volleyball captain is attending a New Zealand junior training camp at North Harbour in preparation for the national under- 17 beach girls' team's tour to Melbourne next year.
Spotswood College teacher Anthony Joe will continue next year as the New Zealand under-21 men's beach volleyball coach as they prepare for the world championships.
He is also in line to take the national under-23 men's team to their world championships.
After an outstanding performance for his school team at the Junior North Island championships in Wellington, New Plymouth Boys' High School indoor player Sean Hone has been selected for the Volleyball New Zealand North Island junior talent squad. All selected players are to attend the national age-group trials after the senior secondary schools' tournament in Palmerston North in March.
Spotswood College's Jayden Monaghan and Cameron Angland took part in the North Island secondary schools junior boys' beach volleyball championship at the weekend.
The event, for Year 10 pupils and below, was held at Hamilton's Te Rapa beach volleyball courts.
A total of 34 teams took part in the event over two days.
The Spotswood College pair made it through to the semifinal, where they lost 1-2 to Gisborne's Campion College. They also lost the playoff for third to Northland's Tikipunga High School by the same score.
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This work was supported by Terumo BCT Biotechnologies and Department of the Army under Award W81XWH-09-2-0100. The U.S. Army Medical Research Acquisition Activity, Fort Detrick, MD, is the awarding and administering office.
Immune modulation and lack of alloimmunization following transfusion with pathogen-reduced platelets in mice
Version of Record online: 3 MAR 2013
DOI: 10.1111/trf.12133
© 2013 American Association of Blood Banks
Volume 53, Issue 11, pages 2697–2709, November 2013
Additional Information
How to Cite
Jackman, R. P., Muench, M. O., Heitman, J. W., Inglis, H. C., Law, J. P., Marschner, S., Goodrich, R. P. and Norris, P. J. (2013), Immune modulation and lack of alloimmunization following transfusion with pathogen-reduced platelets in mice. Transfusion, 53: 2697–2709. doi: 10.1111/trf.12133
The content of the information contained herein does not necessarily reflect the position or the policy of the government and no official endorsement should be inferred.
Publication History
- Issue online: 13 NOV 2013
- Version of Record online: 3 MAR 2013
- Manuscript Accepted: 3 DEC 2012
- Manuscript Revised: 16 NOV 2012
- Manuscript Received: 24 AUG 2012
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Want a general's uniform? Visit Sadar Bazaar in DelhiBelieve it or not, Promit Kumar Mitra actually created history a few days ago by becoming the first civilian to have walked into a major military installation in the country wearing a major general's uniform. While Mitra's intentions behind entering ... Times of India, 4 days ago
1 images for "sadar bazaar"
Road to the rink
India, June 24 -- In the by-lanes of Delhi's chaotic Sadar Bazaar, where hawkers fight for every inch of real estate to set up makeshift stalls selling an assortment of things ranging from school bags and clothes to cigarettes and imitation ...HT Syndication, 5 days ago
Gurgaon's civil hospital gets LCDs, new equipment
The district Civil Hospital in the city, which is located near Sadar Bazaar, will soon have new LCD screens to monitor various activities that will facilitate improved and better health care to patients. The move will have particularly those ...Hindustan Times, 1 week ago
Anti-encroachment drive: Illegal structures razed in Sadar Bazaar
The article below represents a preview only and is not meant for reuse or republishing. Gurgaon, June 16 -- The Municipal Corporation of Gurgaon (MCG) razed a number of shops, shanties and food stalls in an antiencroachment drive in Sadar Bazaar on ...HT Syndication, 1 week ago VMC continues anti-encroachment drive in joint op Times of India, 2 weeks ago
Shopkeepers protest, allege blackmail by RTI activist
Ludhiana: Nearly 77 shopkeepers from Sadar Bazaar staged a protest by blocking traffic on ESI Chowk on Tuesday, alleging that an RTI activist had joined hands with some officials of the MC to blackmail them over encroachments in their area. A ...Times of India, 2 months ago
Youth beaten to death
A youth was beaten to death by miscreants at village Pakarmatha of Pirgacha sadar upazilla in Rangpur on Friday morning. The deceased was Rubel Hossain, 23, son of Shahanur Ali of the village. The police, quoting witnesses, said some miscreants ...New Age Bangladesh, 1 week ago
Lightning strikeskill 25
Lightning claims at least 25 lives across the country on Thursday. The photo was taken from the capital's Mogh Bazaar area on Thursday. — Sourav Lasker At least 25 people were killed in separate incidents of lightning strike in the capital and ...New Age Bangladesh, 1 month ago
Imposter held with yaba at Cox's Bazar airport
Security guards of the Cox's Bazaar airport today detained a man claiming to be a government official and seized around 23,400 pieces of contraband Yaba tablets from him. The detainee, Shahidur Rahman, impersonating a deputy secretary of the ...Bangladesh Daily Star, 1 month ago
Road accidents take eight lives in districts
GAZIPUR, June 22: Three people were killed and two others injured in a road accident in MC bazaar area in Sreepur upazila this morning. The identities of the deceased could not be known immediately. Officer-in-charge (OC) of Sreepur Mawna ...Financial Express Bangladesh, 1 week ago 3 killed in Habiganj road accident Bangladesh Sangbad Sangstha, 1 month ago 5 more killed in polls violence New Age Bangladesh, 1 month ago
186 consumers get electricity connections in Gaibandha
(BSS) - A total of 186 consumers of Sadar and Shaghata upazilas have got instant electricity connections from Gaibandha Palli Bidyut Samity (GPBS) recently through an innovation created by its general manager (GM). Office sources said district ...Bangladesh Sangbad Sangstha, 3 weeks ago
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iPhone 4: See Reception Drop From 5 Bars to 0 In A Hand
Remember the iPhone 4's applause-worthy stainless steel antenna and frame system? Well, do yourself a favor and don't actually hold the device in a way that covers it. This video demonstrates how the iPhone 4's wireless signal strength drops from 5 to 0 bars when it's cupped in a hand. Truly amazing.
Related Stories
Not to deny the correlation, but any phone sitting still on a hard surface will have much better reception than when held in hand. Regardless, that's pretty dramatic right there.
Posted by Jeremy on June 23, 2010 at 7:24 PM (CDT)
Does the signal stretch reduction shown have anything to do with actually making, receiving or talking on the telephone? I would think that this needs to be tested as well.
Posted by Warren Shaw on June 23, 2010 at 7:28 PM (CDT)
Really, Jeremy? I've never heard that, or observed that in any phone I have ever had.
This is a pretty damning video. I'm pretty sure that many people will encounter this issue in the coming days. How in the hell does a hand block cell reception? I assume a case completely covering the sides of the phone doesn't block cell signals?
I don't think the hand is actually blocking the cell signal, that doesn't make any sense. The hand must be creating some kind of short circuit between the sides of the phone.
Posted by 0megapart!cle on June 23, 2010 at 7:31 PM (CDT)
I just tested this same therory on my 3G and it lost 2 bars when i held it and went full when i placed it flat. looks like it always did this.
Posted by xtreo on June 23, 2010 at 8:11 PM (CDT)
Wow. How'd they miss this? Even holding it at the tips of 4 fingers on on side and thumb on the other takes it down to 2 bars from 5.
I wonder if a case makes it better or worse.
Plus, I thought the body acted as an antenna extension not a blocker. But I guess I'm wrong there.
I love this phone, but that sucks. Better keep the bluetooth headset nearby!
Posted by Chris Werner on June 23, 2010 at 9:09 PM (CDT)
My iPhone 3GS looses 2-3 bars in my right hand and 4-5 bars in my left hand. Every other phone I've had gained a bar or two.
Posted by Allan on June 24, 2010 at 12:12 AM (CDT)
I've had this happen in the UK on Nokia, HTC and Apple handsets and on three different networks (Orange, O2 & Three), so it doesn't just affect Apple.
Posted by rdsh on June 24, 2010 at 1:11 AM (CDT)
Remember the first cell phones that had a pull-up antenna? Well, I would not be disappointed if they added such an antenna to the iPhone, as long as it was almost completely recessed into the case when not in use. Then, if reception was poor, all we need to do is pull up the antenna - preferably a flexible one, that would nt break off.
Might be a great idea for the makers of iphone cases, if they had a way of interfacing it to the iphone's antenna system.
Posted by Paul on June 26, 2010 at 10:37 AM (CDT)
Guys Apparently it isn't just about your hand covering the antenna. The steel band around the phone has to be covered with a non-conductive coating to make sure your hand doesnt interfere with the energy from the antenna. Simple fix IF apple had done it before releasing the phone.
Posted by HJ on June 30, 2010 at 10:50 PM (CDT)
If you have a comment, news tip, advertising inquiry, or coverage request, a question about iPods or accessories, or if you sell or market products, read iLounge's Comments + Questions policies before posting, and fully identify yourself if you do. We will delete comments containing advertising, astroturfing, trolling, personal attacks, offensive language, or other objectionable content, then ban and/or publicly identify violators. Wondering why we're talking about something other than iPods? Check the Archives: Backstage has been here and kicking it since 2004.
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Killing of Mullah Akhtar MansourBy Muhammad Akbar Notezai In July 2015, when Afghan intelligence reported that Taliban leader Mullah Omar had in fact been dead for two years, the Taliban chose as their new leader Mullah Akhtar Mansour. That selection created a fissure in the ... Ceylon Today, 2 weeks ago
Bridging the Pak Afghan gap - Pakistan Today, 3 days ago
Afghanistan: Beginning of a New Bloody Chapter - Peoples Democracy.in, 4 days ago
41 images for mullah omar
Pakistan allocates Rs 30 crores to madrasa linked to former Afghan Taliban chief Mullah Omar
Peshawar: In a controversial move, Pakistan's Khyber-Pakhtunkhwa government has allocated Rs 300 million (Rs 30 crores) to the 'University of Jihad' which has top Afghan leaders among its alumni which also includes former chief Mullah...IndiaTV News, 1 week ago Pakistan grants Rs 300 mn to University of Jihad Chandigarh Tribune, 1 week ago Rs 300-mn Pak aid to madrasa linked to Afghan Taliban New Delhi Pioneer, 1 week ago 'University of Jihad' gets 300 million aid Asian Age, 1 week ago
Al-Qaeda Leaders Fight Iran in Syria…and Iran Welcomes Them!
Mullah Omar successor, Mullah Akhtar Mansour was targeted by a drone as soon as he returned from his secret visit to Iran. This may not be his first visit to Iran as it is said that he was there in February and March for medical treatment. EU ...Asharq Al Awsat, 3 weeks ago
Mullah Omar's brother, son given senior roles in Afghan Taliban
A senior figure in the Afghan Taliban Tuesday said that a brother and son of their late founder, the one-eyed Mullah Mohammad Omar, have been appointed to leadership positions in the insurgency. Mullah Mohammad Yaqoob, Mullah Omar's son, was recently named to ...Zee News, 2 months ago Mullah Omar's son elevated to senior Taliban military position Prokerala, 2 months ago
Son of Afghan Taliban founder given top council post
The Taliban appointed the son of its late founder Mullah Mohammad Omar as head of a military commission on Monday and named him and his uncle to its powerful decision-making body, a spokesman said. Mullah Omar's eldest son Mullah Mohammad Yaqoob and brother ...Reuters, 2 months ago
Summary from the Jihadi Forums - The First Half of April 2016
The Islamic Emirate in Afghanistan announces the launch of Operation Omari, named after Mullah Omar, which is meant to include widespread attacks against enemy posts throughout Afghanistan as well as strikes against enemy commanders in the cities in ...International Institute for Counter-Terrorism, 12 hours ago
Omar Mateen's hate act is terrorism
Iran- Why Mullahs Need the Old Jaw-shutter Source : Asharq Al-Awsat Date : 2016-06-14 Ever since the mullahs appeared in Iran as a distinct profession in the 19th century, they have developed paraphernalia of devices and contraptions linked to ...Gulf in the Media, 2 weeks ago Pen is mightier than the sword Gulf in the Media, 2 weeks ago Fight fraud Gulf in the Media, 2 weeks ago Technology to assist female drivers Gulf in the Media, 2 weeks ago
The case of the mysterious drone
With the Taliban acknowledging that Mullah Mansoor - their last Emir Mullah Omar's successor - died due to a drone attack close to Noshki, Maulvi Haibatullah, reputedly a non-combatant, has been hurriedly nominated by the Shura as his successor.Kashmir Times, 3 weeks ago Pakistan provincial assembly asks Obama to apologise for drone attack Equilibrio Informativo, 3 weeks ago
The vicious cycle of jihadism
BERLIN In the wake of the horrific gun rampage in Orlando, Florida, U.S. President Barack Obama declared that Omar Mateen, who killed 49 people in the Pulse nightclub, was radicalized online, saying he had been inspired by various extremist ...Japan Times, 1 week ago America's long support for 'moderate rebels' and their propaganda create a breeding ground of extremists, patsies, and useful idiots Sott.net, 1 week ago US Propaganda Operations Attract Extremist Jihadist Families Global Research, 1 week ago The Narrative of Orlando: An American Fatwa? Huffington Post, 2 weeks ago
Why death of Taliban leader won't bring peace to Afghanistan
The US drone killing of Taliban leader Mullah Akhtar Mohammad Mansour in Baluchistan, Pakistan, in May 2016 was a significant break with US policy: For the first time, the United States struck a top Taliban leader enjoying shelter and a comfortable ...MSN UK, 1 week ago Afghanistan After Mansour Rand, 1 week ago
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INTERNET BUSINESS NEWS-(C)1995-2009 M2 COMMUNICATIONS LTD AeroGRID, a consortium of aerial imagery providers, announced on 9 March that is has provided Polskie Ksiazki Telefoniczne (PKT), an online business information supplier, with detailed imagery of 11 major Polish cities.
What does PKT stand for?
PKT stands for Polskie Ksiazki Telefoniczne (Polish)
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- Padma Karpo Translation Committee
- Parketematiko.com (Spanish club of theme parks)
- Patient Known to You
- Partai Kebangkitan Ummat (Indonesian political party)
- Pekanbaru, Indonesia - Simpang Tiga (Airport Code)
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Polish Telephone Directories, known in Poland as Polskie Ksiazki Telefoniczne, Sp.


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Corbin Fisher Plans Assault Over Piracy, Taps General Counsel
COO Brian Dunlap said that with the industry beset with so much piracy Corbin Fisher plans "to go after these criminals and welcome any company willing to join us in and contribute to these efforts."
Dunlap said that Corbin Fisher plans on teaming up with other content producers on legal efforts pursuing the violators.
He also announced that the company has tapped attorney Marc J. Randazza as the company's full-time general counsel. Randazza, a member of the First Amendment Lawyer's Association, has been a litigator for seven years and specializes in 1st Amendment law, intellectual property, trademark law and media law.
Corbin Fisher CEO Jason Gibson said Randazza's role "will be to head up our antipiracy efforts and command the offensive we are preparing to take against those stealing our content."
"[We're planning to seek] out the infringers and their real identities, initiating legal action against them, pursuing judgements and firmly, loudly and forcefully sending the message that violating our intellectual property rights can and will result in major consequences for the violators," Gibson said.
Gibson noted that Corbin Fisher already has in place a sizable staff that has been logging infringing activity in preparation for future legal action.
Based in San Diego, Corbin Fisher counts among its online properties CorbinFisher.com, AmateurCollegeMen.com, AmateurCollegeSex.com and ShopCorbinFisher.com.
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Union govt to be made a party in gutkha ban PIL
Cuttack: Orissa High Court on Friday asked the petitioner of a PIL to file an amended petition on the ban on gutkha here making the Central government as a respondent.
"Last year`s notification of Odisha government banning use and trade of `gutkha` did not yield any result because the notification itself was ambiguous and not comprehensive," the petitioner had stated in the court during the hearing.
Voluntary organisation Center for Legal Aid to Poor (CLAP), which had earlier filed a PIL seeking complete ban on all forms of chewing tobacco in the state, blamed it on the Central notification for no result of the Odisha government`s one.
In view of the contention of a petitioner that the Odisha government`s notification banning production, distribution and sale of gutkha was not comprehensive as it did not cover the flavoured chewing tobacco (zarda) used in `paan,` the Orissa High Court on the day directed the petitioner to file an amended petition on the matter.
CLAP, which had moved the High Court in December last for a complete ban on consumption and trade in nicotine containing smokeless tobacco, argued in the Court that last year`s notification of the state government was evasive and ambiguous as the ban did not cover all forms of chewing tobacco.
However, on such a contention of the petitioner, the state government`s counsel pointed out that the notification was issued in the light of an earlier notification issued by the Central government.
"In order to modify the state government notification, a modification of the Central government notice was to be made first," the state government counsel argued.
Adjudicating over the petition, a division bench of the High Court comprising Justices Pradeep K Mohanty and S K Mishra, directed the petitioner to file an amended petition making the Central government as a respondent.
The Bench also asked the state government to file an affidavit stating the details of the amount of gutkha sachets seized in the state after the government notification was issued in December last year and posted the matter to be adjudicated on August 2, informed CLAP counsel Janmejaya Katakiya.
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We have worked hard to create an environment where shopping is fun... a place where our customers can discover new treasures every week... a store where entire families can enjoy hunting for that special something.
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About Dollar Tree
We love to hear from our customers and overwhelmingly the two comments we repeatedly receive are:
"I can't believe this cool item I just found at Dollar Tree!" AND...
"I can't believe it's only $1.00!"
That's when we know we've done our jobs right! We have worked hard to create an environment where shopping is fun... a place where our customers can discover new treasures every week... a store where entire families can enjoy hunting for that special something. Every Dollar Tree store is bright and well lit, clean and well organized, and stocked with endless hidden treasures!
Just as important, especially during these tough economic times, we continue to offer our customers products they need at extreme values! We carry a broad, exciting mix of merchandise that includes many trusted national and regional brands. Some of the product departments you'll find at Dollar Tree include housewares, glassware, dinnerware, cleaning supplies, candy, snacks, food, health and beauty, toys, gifts, gift bags and wrap, party supplies, stationery, craft supplies, teaching supplies, books, seasonal décor, and more! Everything you need for every day, every holiday, every occasion... and every single item is only $1 (or less)!
Our Mission
Dollar Tree, Inc. is a customer-oriented, value-driven variety store operating at a one dollar price point. We will operate profitably, empower our associates to share in its opportunities, rewards and successes; and deal with others in an honest and considerate way. The company's mission will be consistent with measured and profitable growth.
Dollar Tree is the nation's leading operator of single-price-point dollar stores. We're more than 3,900 stores strong and growing, with stores in all 48 contiguous states. We have roots that trace back over 50 years yet we're still defining our company, as well as our category, and looking for creative people to help us grow!
For starters, everyone has input and everybody counts. Although our dress is "business casual," there is nothing casual about our commitment and focus on growing our business. We emphasize teams that are cross-functional and multi-layered, the kind of flexible organization that allows people to deliver the best results. We're a company where our interaction with each other is based on respect, camaraderie, and a sense of joint purpose.
We continue to add Dollar Tree stores across America, as well as branch out into new concepts like our multi-price-point Deal$ store chain. As we continue to grow our business and look for fresh, new ideas and concepts to develop, we're always looking for people with the drive, imagination, and intelligence to help us continue our success. Do you have what it takes to join the Dollar Tree team?
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Parker-Anderson Enrichment Has a NEW Franchisee!
National Dental Equipment Repair Franchise Recognized for Outstanding Growth; Company Shares Mid-Year Growth Marks and International Expansion Plans
CruiseOne® / Dream Vacations, which are part of World Travel Holdings — the world's largest cruise agency and award-winning leisure travel company, have announced that its 2016 National Conference aboard the Carnival Vista, has sold out in record time.
Mits Arayama has always been fascinated with the visual side of marketing, which is why he was able to successfully introduce instant Ramen to the U.S. through brands like Top Ramen and Cup Noodles. After a long and storied 30-year career with Nissin Foods where he worked his way from marketing director to CEO, Mits is now celebrating ten years as the proud owner of his Minuteman Press design, marketing and printing franchise in Dana Point, California.
The SpeedPro Imaging of Frederick located at 8430 Spires Way, Ste J in Frederick, MD is the company's first venture into Maryland, and plans to open four more studios within the next few years.
Joe McLaughlin worked on the supply chain management side of the textile manufacturing industry and after spending 7 years working in Sri Lanka, Turkey, Bulgaria and Romania, it was time for Joe to return home to East Kilbride, Scotland. The depth of experience Joe obtained while working abroad helped him realize he was ready to own his own business; after researching several opportunities he decided to franchise with Minuteman Press, where he found the right fit and is now approaching 9 years in business.
CruiseOne®/Dream Vacations recently recognized its top-producing franchise owners who are members of the home-based network's prestigious "Circle of Excellence," with a special six-day Pacific Coast cruise aboard the Crystal Serenity from Vancouver, British Columbia to San Francisco.
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The Second Circuit's Court of Appeals reversed this recently, breathing new life into plaintiffs' hopes for redemption. As well as plaintiffs' lawyers. The ruling cracks open a doorway to potentially billions in damages tied to the manipulation of the price of money and lending.]]> "Collaborative, not Competitive"
The Second Circuit's decision gives some clarity as to what conduct is regulated under international and American anti-trust rules. The district court judge, Naomi Rice Buchwalk dismissed plaintiffs' case against Barclays, UBS, and Deutsche Bank because upon a look-see of the evidence, she was convinced that the Libor rate setting process was a "collaborative" process and not a competitive one. Banks submit reports of their preferred and willing rates of interest; the numbers are averaged, and the result forms the basis of the Libor rate. There's nothing competitive about that according to the district, and this is why it was not in violation of antitrust laws.
But the circuit effectively ruled that Buchwalk didn't take her reasoning far enough. The better analysis was to heed the complainants' allegations that the banks circumvented Libor rules in order to manipulate the rate. Banks may not have created the Libor mechanism, but they certainly sold securities that incorporated the Libor rates. And when they sell, they are unquestionably competitors. This should have been the focus of the court's analysis.
Coincidental Parallel Conduct
The banks failed at their attempts to convince the circuit that their conduct was not sufficiently pled to show a conspiracy. The theory was that whatever allegedly bad-faith conduct that was alleged was not illegal but merely coincidental to the plaintiffs' injuries.
The language the circuit used speaks loudly. Although the "line separating conspiracy from parallelism is indistinct," it may be crossed by alleging "interdependent conduct, accompanied by circumstantial evidence and plus factors." The additional factors hear included the banks' motive to conspire, thus the "close call" argument fell on the side of the plaintiffs -- much to all banks' chagrin.
"Efficient Enforcers"
Interestingly, the banks' primary hope lies either with the Supreme Court or a remand back to the district on an issue that was actually never addressed by the lower court: whether or not the plaintiff investors are the proper one's to bring a claim as "efficient enforcers" under anti-trust doctrine. Our take is that the district court will fall into place and find not only that the plaintiffs were of the right class and standing, but that all the necessary facts were properly pled. After all, the court all but said that plaintiffs had met at least that burden.
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The ruling is no surprise given the increase in the of SEC court proceedings following the Dodd-Frank Act of 2010.]]> A Setback for Tilton
The U.S. Court of Appeals for the Second Circuit affirmed the lower court ruling that Tilton's case would have to go through the usual administrative proceedings before her challenge could be heard at all at the higher federal appeals court, essentially dismissing her case on jurisdictional grounds. In 2015, Tilton was accused by the SEC of defrauding her investors by misleading them as to how well her investments were doing and skimming about $200 million illicitly off the top.
Unconstitutional Proceedings
Tilton's case is one of a handful of challenges to the SEC's increased use of administrative courts and ALJ's to resolve suits brought by the SEC. The basis for these challenges are arguments by defendants' attorneys -- as well as Tilton's -- that the SEC's power to bring defendants before an SEC ALJ is an overstep of the government's constitutional limitations to the point that it presents an unfairness to defendants.
Appointments Clause Reasoning
Specifically, Tilton's lawyers have tried another attack -- that the Appointments Clause under the Constitution bars the use of SEC ALJs because they are "inferior officers" under that section of the law, meaning that they would need to be appointed by sitting SEC commissioners personally, and not through the streamlined process now used and made popular under Dodd-Frank. That argument was premature, the Second Circuit ruled, as the administrative proceedings had not yet concluded.
The ruling means that the SEC may proceed in its fraud case against Tilton.
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The case is a curious one and is sure to infuriate now disbanded members of "Occupy Wall Street." In the opinion of Michael Hiltzik of the L.A. Times, the decision amounted to a kangaroo decision that turned on the following issue: "When is a fraud not a fraud, but just, sort of, a lie?"]]> "High Speed Swim Lane"
Back when Federal District Court Judge Jed S. Rakoff oversaw the case, it was determined that BofA set up a mortgage-mill program called the "High Speed Swim Lane" (HSSL), a bank "hustle" program that encouraged the issuing of low-quality mortgages and selling those loans to Fannie and Freddie despite the dangers.
Rakoff concluded that BofA's head Rebecca Mairone threw caution and all the traditional quality-control due diligence QC protocols to the wind when the company substantially pulled back on the use of traditional underwriters to "volume focused loan specialists" who were encouraged to pull out commission-reducing software, allowing approval and turnaround time to be chopped down to as low as two weeks.
In Rakoff's view, this practice of placing volume over quality was telling. When the dust settled, approximately 42 percent of the loans were "materially defective," and yet were still represented by BofA and Countrywide as being "investment quality."
Circuit Reverses
Despite Rakoff's scathing words and analysis, the circuit largely ignored the settled issues of whether or not BofA sold junk-mortgages to Fannie and Freddie, and reversed on the theory of fraud.
The circuit judges called the case before them "hyper-technical" and actually saw the facts as one implicating contract law rather than fraud -- a difference, really, that makes a distinction between goldenrod and mustard. The view of the circuit was that BofA officials who signed the contracts didn't intend for everything to go south -- it was just coincidence and bad luck.
Breach Versus Punitive Damages
Any attorney understands that damages associated with breach of contract are far lower than for fraud, the latter of which generally requires willfulness and some part of bad faith. In most cases of breach, damages are calculated either through the expectation measure as well as consequential and foreseeable damages. In the case of fraud, the potential damages must also include punitive hits. The circuit's reversal essentially unhooks BofA for billions.
Grand Enabling
The case shines a light on that gray area that exists between contract law and fraud -- willful breach of contract with intent to defraud. As far as large institutions are concerned, the contract represents a coupon for all sorts of bad-faith business dealings. Instead of defrauding another party into entering into a losing relationship, a party can defend itself easily by producing a contract and arguing that it merely breached its terms.
In a strange way, one can almost feel for courts, hemmed in by precedent, unable to set an example for public policy. And then what happens? New laws get created at the legislative level that more often than not make things worse than make them better.
So, the analysis goes like this: willfully defraud (or at least, recklessly do business) and pocket the proceeds. If everything goes well, everybody "wins." If someone sues, the circuit's decision means the plaintiff has no cause of action for fraud if you were prescient enough to execute a contract. If you lose, then you need only disgorge the profits. There's no ultimate out of pocket save time and tiny litigation expenses. Who doesn't love that sort of business arrangement?
Still, the DOJ has managed to take a chunk of skin out of BofA before -- the largest federal settlement in Wall Street history.
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The tone of Lessing's letter to the court can be summed up with this very direct question: "Don't you have anything more important to do?"]]> "Don't You Have Anything More Important to do?"
In a letter first obtained by WBZ, senior citizen Warren Lessing wrote the Second Circuit Court of Appeals and, in the most decorous and polite way possible, excoriated the court for perpetuating a controversy that Lessing probably views as foolish. Actually, his exact words in describing Roger Goodell's suspension of Brady were "stupid" and "asinine." Lessing had agreed with U.S. District Judge Richard Berman's attempt to bring some sense into the mix but felt that the Second Circuit didn't get the message loudly enough and it should be held to account for its reversal of the lower court.
Lessing was interviewed on radio and expressed his annoyance over the scandal. "I think it's a ridiculous waste of everybody's time." He also said that he was probably not the only one who felt that way. He's right.
Deflategate Sticks Around
It looks like that litigation surrounding the scandal is only going to get more heated as Tom Brady and his lawyer made the cut-off date and filed a petition for a new hearing or a re-hearing of the Second Circuit decision that basically brought everything back to square one. In the document written by former solicitor general Tod Olson, Goodell is accused of punishing Brady and being motivated by bias and personal agenda.
When Will It Stop?
Just in case anyone forgot, Brady is seeking the court for a rehearing, new hearing, or to generally vacate his four-game suspension which exploded into Deflategate. If a majority of the panel rejected his request, Brady still has SCOTUS. Our view is that his chances are slim as re-hearings of appellate decisions are rarely granted.
Also, do we really want to drag this thing as far up the ladder as to the Supreme Court? Don't we have anything better to review?
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Haber sued, contesting the administrative summons issued by the IRS to Ms. Haber's bank. But, the Second Circuit ruled last Friday, that summons was well within the Service's power, allowing the IRS investigation into Haber's wife to continue ahead.]]> The $25 Million Penalty
Haber, through Diversified Group Inc., helps companies and individuals avoid federal taxes. Jack Townsend's Federal Tax Crimes blog describes DGI's work thusly:
Among DGI's offerings of [expletive] tax strategies was a transaction commonly called a "Midco transaction." I won't get into the details of the Midco transaction... suffice it to say that it was a multi-party transaction designed to rip off the corporate level tax from the federal fisc and share it among the parties structuring it.
Eventually, one of Haber's tax schemes came back to bite him, landing Haber and DGI a $25 million fee. When Haber handed over only a tiny fraction of that cash, the IRS placed a federal tax lien against him for the balance. And while Haber is battling that fine and lien in court, IRS revenue offers began looking into his wife's assets.
Jill Haber's assets, according to an IRS investigator, "suggest that [Haber] may have access to, and use of, a bank account or bank accounts held in the name of Jill Haber at Signature Bank, and that such account or accounts may be held in the name of Jill Haber to shield them from the IRS."
The Lady Haber's assets were to be treated "as the nominee or alter-ego or transferee" of Haber and could be collected to repay the IRS penalty, the Service determined.
No Help From the First Circuit
The IRS then issued an administrative summons to Signature Bank, leading to Haber's suit.
Haber moved to quash the summons, arguing that the IRS could not pursue the summons while a criminal investigation was pending against him. The Second Circuit rejected that claim, however. In an odd twist of luck (or unluck, depending on your perspective), the IRS had produced evidence showing that it had dropped its criminal inquiry -- a win for Haber on one hand, but a loss on the other, as it allowed the Service to continue pursuing Haber's assets through his wife.
Further, the Second Circuit and the district court both agreed that there was no jurisdiction to hear Haber's complaints. As they noted, the federal government has "not waived sovereign immunity to allow suits to quash summonses" issued pursuant to the collection of an assessment.
The Second Circuit rejected Haber's argument that, because of Haber's many lawsuits with the Service, the IRS "cannot begin actual collection of the assessment," thus making the summons not pursuant to the collection. The law, the court explains, only requires that an assessment is made in order for the IRS to issue a summons -- the Service's ability to collect on that assessment immediately or not does not play a role.
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But the thrust of the disputed issue at law still remains red hot. The case was not dismissed on the merits so much as the circuit decided that psychiatrists, who brought the suit on behalf of their patients, lacked standing.]]> Group Suit
The suit was brought against Anthem and Wellpoint by the two psychiatrists along with the American Psychiatrist Association and even two Connecticut based psychiatric organizations. The named plaintiffs in the suit alleged violations of federal law including ERISA and claimed that Anthem and Wellpoint discriminated against mental health and substance abuse patients by "systemically reimbursing providers of services to treat these disorders at a less favorable rate than for other health care services."
Under the federal "parity" law, health insurers may not impose more stringent financial requirements or placed higher treatment limits for mental health patients than they otherwise would for patients receiving other types of treatment.
Not on the Merits
But the suit's dismissal was affirmed by the circuit court not in the way of summary judgment, but on standing of the APA and other plaintiffs bringing the suit. Specifically as to ERISA, the court determined that only a participant, beneficiary or fiduciary had standing to sue under that law. The psychiatrists, interestingly enough, did not fall under this broad umbrella term and could not stand in place of their patients under the plain language of the statute.
Organizational Standing Fine; Benefits Not So Fine
Rather than dismiss the case as to those two plaintiffs, the circuit dropped the case entirely because the language of the MHPAEA further necessitated broad dismissal. "We find that the plaintiff psychiatrists lack a cause of action under the statute, and the association plaintiffs lack constitutional standing to pursue their respective ERISA and MHPAEA claims. We therefore affirm the judgment of the district court."
In so doing, the court clearly ruled that the association plaintiffs were free to sue in their own interests (as an advocacy organization) but could not standing the place of assignees of ERISA benefits.
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This was the final say of the Second Circuit, which finally put to rest the suits brought by families of Israeli victims killed by Palestinian suicide bombers during the Second Intifada.]]> In the Wake of Kiobel
The suit arises out of allegations that the Arab Bank, a foreign corporate entity, had helped funnel monies that were ultimately used by Palestinian terrorist groups for repeated attacks on Israel during the five year conflict between the two countries.
Citing two recent cases, one of which was heard by the Supreme Court, the Second Circuit declared that prior precedent had foreclosed any legal avenue for the case to be reopened against Arab Bank. Under Kiobel's precedent, the circuit said, the Alien Tort Statute would not apply because corporate liability had not yet been recognized as a "specific, universal, and obligatory" norm. This has since been a view affirmed by none other than SCOTUS itself (thought finer points are still debated). Since such a norm was not customary, the Alien Tort Statute ("ATS") could not be applied.
Dissent and Outcry -- Within the Court
The 4-3 decision left the court bitter split apart. The case now has four opinions which alternately concur, dissent and partly do both.
Botched Opportunity
Judge Rosemary Pooler lamented a lost opportunity by the majority and court to right a precedent that was, in her words, "almost certainly incorrect." When the original Kiobel case was decided, it opened the gates to a firestorm of controversy as the decision appeared to insulate corporate institutions from liability for funding overseas crimes. Kiobel II also has left many civil rights watchers left reeling.
Twist the Knife
Other judges Raggi, Livingston, and Jacobs joined in a concurrence penned by judge Cabranes that included a quote attributed to late Second Circuit judge Frank Altimari: "If attorneys want to know what the law is now, then they should read the dissent."
In fact, the dissenting opinions (or opinions that dissent with the dissent and polish fine points) all take up approximately three quarters of the total opinion body. Clearly the proper application of the law and its reach to corporations has touched a sore nerve.
Although the exact settlement terms are a secret, rumor has it that Arab Bank has denied reports that it had agreed to pay the victims' families $1 billion.
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No surprise, the news was met with nodding approval by NFL Commissioner Roger Goodell who fast-tracked proceedings against Brady that led to the player's suspension.]]> Deflategate Abridged
Brady was originally suspended from playing in the first four games of the 2015 seasons because of his alleged role in illegally deflating footballs in the AFC game between the New England Patriots and the Indianapolis Colts. The district court ruled in favor of Brady upon appeal. With the circuit's recent decision, Brady is back to square one.
Did He or Didn't He? Not for Us.
The circuit's role in the appeal was actually quite limited and did not deal with the factual considerations of whether or not Brady participated in the scheme. This, like every other appeal, was actually already determined several layers below.
Rather, the circuit was concerned only with determining the issue of whether the arbitration proceedings and award met minimum legal standards established in LMRA -- the Labor Management Relations Act. In a 2-1 opinion, the court found that Goodell's actions were within his specified powers and did not deprive Brady of fundamental fairness.
The Sole Dissent
But the sole dissenting judge felt that Brady's rights had been violated because Goodell had apparently considered facts that were not in the original Paul, Weiss, Rifkind investigative report -- the document on which Goodell based his decision to suspend the quarterback.
How Far Will It Go?
It's still unclear how far both sides are willing to take this legal battle, but according to ESPN, either side still has the option to petition for a rehearing or to petition SCOTUS. But frankly, no one really expects this to go to the Supreme Court.
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The Second Circuit has upheld New York's law requiring out-of-state attorneys to maintain a physical office in the state, reversing a district court opinion declaring the rule an unconstitutional violation of the Privileges and Immunities Clause. Sorry Empire State moon lighters, it's time to start looking for a lease.]]> If You Want to Work Here, You Gotta Have an Address Here
New York's hostility to out-of-state attorneys is nothing new. The law, requiring nonresident lawyers to maintain a resident office, dates back to 1862 and requires nonresident lawyers to maintain an "office for the transaction of law business ... within the state" in order to practice within the state courts. (In-state attorneys are free to work out of their home, office-less.)
That requirement irked attorney Ekaterina Schoenefeld, a lawyer licensed in New York, New Jersey, and California, who heard about the restriction when attending a CLE class in NYC. Though she's barred in New York, Schoenefeld's office is in Princeton, New Jersey, and New York office rents are, well, not a minor investment. So, she sued.
Office Means Office
Last year, the District Court for the Northern District of New York found the law to be unconstitutional, by placing requirements on out-of-state residents that the state does not place on its resident attorneys.
The Second Circuit rejected that reasoning last Friday. The ruling does not violate the Privileges and Immunities Clause, the court found. It does not even discriminate against out-of-state attorneys. Rather, it places the same requirement on them as in-state attorneys: the need to have a physical address in New York.
"The fact that a nonresident attorney will have to establish that presence by leasing an office, while a resident attorney can use his home, does not unduly burden the nonresident," according to the Second Circuit.
The Second Circuit's ruling was in line with the interpretation of the New York courts. Before ruling, the Second Circuit certified the question to the New York Court of Appeals, asking it to interpret the meaning of an "office" in the statute.
Sure, an address alone could be enough, if the state were only concerned with having an address upon which to serve attorneys. But the law required more than that, the state found, since it demands an office "for the transaction of law business." The Second Circuit agreed, writing that "the office requirement could not be construed to require only an address for service. The term was properly understood to require a physical premises."
So, start saving for some extra rent, out-of-state lawyers, or maybe consider moving on over to New York. Poughkeepsie is lovely, I hear.
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The defendants were directors, portfolio managers, and computer programmers who had aided Madoff in the Ponzi scheme which landed Madoff a 150-year prison term and lost investors an estimated $17 billion dollars.]]> Plenty of Evidence of Fraud
The employees had been accused of helping Madoff perpetuate his scheme by creating fake documents and falsifying information about Madoff's trades. They were among 15 former employees who have been sentenced for their role in Madoff's company. Charges ranged from securities fraud to bank fraud to tax fraud.
For his role in the Ponzi scheme, back-office director Daniel Bonventre was sentenced to 10 years' imprisonment. Joann Crupi and Annette Bongiorno, portfolio managers, were sentenced to six years, while programmers Jerome O'Hara and George Perez were given two and a half years.
On appeal, the group challenged the sufficiency of the evidence against them, as well as the conduct of the prosecution, among other issues. The Second Circuit easily dismissed the sufficiency arguments, finding, on issue after issue, that the trial evidence "tilted decidedly in favor" of conviction.
No Prosecutorial Misconduct
The group had also complained that prosecutorial misconduct had tainted the jury. In particular, the Madoff employees focused on the prosecution's rebuttal summary, which the trial judge described as "ill-conceived and unworthy of the institutional statute of the United States Attorney's Office."
Additionally, the defendants argued that the prosecution made several racially tinged references, meant to prejudice the largely black jury against the all-white defendants. That included a reference to Constance Baker Motley, an African American civil rights activist and federal judge, which the trial judge described as "at best ambiguous and at worst unfathomable."
But there is no evidence that the prosecution biased the jury with such moves, the Second Circuit found. While the prosecutor's "choice of subject was peculiar and his rhetoric needlessly grandiose, it did not constitute severe misconduct," the court concluded.
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But, as Google endeavors to make all written matter free, who will look out for the Dan Browns and E.L. Jameses of the world? The starving poets and struggling playwrights? Not the Supreme Court, which just rejected a challenge to the Google Books program by the Authors Guild, allowing the Second Circuit's pro-Google, anti-literature decision to stand.]]> Errour Reigns Over the Legal World
In Edmund Spenser's forgotten classic, "The Faerie Queene," the first challenge our hero Redcrosse encounters is "Errour," a demon quite literary:
Therewith she spewd out of her filthy maw
A floud of poyson horrible and blacke,
Full of great lumpes of flesh and gobbets raw,
Which stunck so vildly, that it forst him slacke
His grasping hold, and from her turne him backe:
Her vomit full of bookes and papers was,
With loathly frogs and toades, which eyes did lacke,
And creeping sought way in the weedy gras:
Her filthy parbreake all the place defiled has.
Were Spenser penning his epic poem today, he might invert that image; literary monsters don't vomit books and papers vile, they suck them in, as free online texts or $10 pdfs. (To say nothing of the frogs and toads...)
Chief among those beasts, allegorically speaking, is Google Books. With over 25 million books scanned, Google Books has almost out-collected the Library of Congress. Its eventual goal is to gobble up all 130 million distinct titles on the world -- and then to give them away for free, online.
So in this epic battle, who is our Redcrosse, hero for the virtuous, who is our Duessa, that duplicitous schemestress? None other than the Authors Guild and Google, of course.
The Authors Guild Fights for Authors' Virtue ... and Fails
The Authors Guild has been fighting Google Books almost since the project was announced, more than a decade ago. Yet, unlike Redcrosse, the Authors Guild has been unable to slay the beast Errour (or convince the court's that Google's scanning project violated copyright law.)
The shining knight's latest defeat came on Monday, when the Supreme Court denied the guild's petition for cert. That denial leaves in place the Second Circuit's October ruling, rejecting the authors' claims of "massive copyright infringement."
What divelish arts have such might over true meaning harts, you ask? Fair use, which beguiled the Second Circuit into believing that Google Books supported "the arts and sciences, while maintaining respectful consideration" for authors' rights.
The Authors Guild, it's no surprise, was plainly pricked. In a statement, the Guild condemned the Supreme Court's denial:
"Blinded by the public benefit arguments, the Second Circuit's ruling tells us that Google, not authors, deserves to profit from the digitization of their books," said Mary Rasenberger, executive director of the Authors Guild.
"The price of this short-term public benefit may well be the future vitality of American culture," continued Rasenberger. "Authors are already among the most poorly paid workers in America; if tomorrow's authors cannot make a living from their work, only the independently wealthy or the subsidized will be able to pursue a career in writing, and America's intellectual and artistic soul will be impoverished."
The Guild has been unable to save their authors in distress, and no knight can save their legal arguments now. So, if you see a new book, buy it; don't Google it. It may be the last book ever published.
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If true, a favorable ruling would have potentially made bars, restaurants, and other venues mass copyright infringers.]]> The Turtles
Flo and Eddie of the Turtles brought a putative class action against SiriusXM alleging that state laws protected pre-1972 sound recordings of the group's work. The major issue at hand is whether or not the owners of recordings made and published before 1972 can stop SiriusXM from airing those recordings without first dolling out agreed-upon compensation. Since this has the potential of affecting literally thousands of pieces of work that have perhaps entered into the public domain for decades, the decision could a game-changer for the industry and other satellite industries that depend on "oldies."
A Pattern
In 2014, New York federal district judge Colleen McMahon followed in the footsteps of a California jurist who gave the Flo and Eddie pair a major victory that sent a chill down the spines of DJs and radio operators. It is an "accepted fact of life in the broadcast industry for the last century" that copyright owners would not collect royalties for performances of their works.
Although the case went before the Second Circuit, the federal appeals court was quick to realize that this was an issue of state law interpretation. Rather than take that job on by themselves, they passed the buck back down to New York's highest court. Here was the legal issue that they refused to touch: Is there a right of public performance for creators of recordings under New York Law and what is the nature and scope of that right?
Passing the Buck
Or not exactly. In the view of the Second Circuit, the responsibility of interpreting New York law rests squarely upon New York's shoulders. It is a balancing test that rests on a value judgment and that value judgment "is for New York to make," said the circuit.
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This ruling marks the first time a federal circuit court has applied the 2016 SCOTUS case of Amgen to a pending ERISA case.]]> In the Wake of the Recession
Lehman Brothers became the defendant by a number of employees who claimed violation of fiduciary duties by the company and prayed for ERISA relief. In their complaints, the employees argued that special orders from the SEC that banned short-selling of Lehman's securities were contemplated by Congress and met a special circumstances requirement.
In the past, this element has been the main hurtle that has killed previous ERISA lawsuits against large companies including GM and RadioShack.
Fifth Third (Dudenhoeffer)
Unfortunately for plaintiffs, claims against fiduciaries essentially got harder because the previous "presumption of prudence" test that had been the standard for stock ownership plans like the Lehmans plan got ratcheted up or replaced by the "special circumstances" elements test as established (or clarified, depending on your point of view) in Dudenhoeffer.
In that case, plaintiffs must plausibly allege special circumstances that fiduciaries should have recognized, based on public information, that the market for securities was oversold and undervalued. Alternatively, fiduciaries should have taken different action that would leave the beneficiaries no worse off. Although this sounds harmless enough, it is generally agreed that this is a more fiduciary friendly standard than presumption of prudence.
The Second Circuit rejected the plaintiff's arguments and found that the SEC orders "speak only conditionally" about the market effects of short sales, and that they did not amount to material public information.
Jonathan Youngwood, an attorney for Lehman, asserted that arguing special circumstances would be difficult for employees. "In most cases courts are going to reject [employer challenge cases]."
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This is a relieving bit of case law that will surely give people with accounts payable some additional respite from worries of imbalances in their books.]]> "Current Balance": Enough Information?
The case involves Annmarie Avila and Sara Elrod (plaintiffs) who sued the firm Riexinger and Associates, LLC (defendant). Defendant sent the plaintiffs each a notice for collection on their accounts which had a balance owing.
In the notices, the firm printed out their "current balance" but did not disclose the fact that their balance with the firm was, as they were reading it, increasing due to fees, fines, interest, costs and other add-ons. The bottom of the notices contained a detachable section to provide their credit card information which also did not contain any disclosure about accruing fees.
The plaintiffs sued under the Fair Debt Collection Practices Act and claimed that the firm had violated the law because it had engaged in misleading practices to collect on its debt. Plaintiffs alleged that they had believed that "current balance" meant that their balances were static and that a full payment of the number printed would clear their debts with the firm. Defendants moved to dismiss the complaint. The District court ruled for the defendants.
Consumer Protection
FDCPA, 15 USC Section 1692e, prohibits creditors from employing "false, misleading, or deceptive" practices in recouping debts. The legal issue was whether or not the firm's failure to disclose accruing fees fell under this description (because it didn't fall under the law's other expressly prohibited practices).
The Second Circuit vacated FDCPA ruling in favor of the firm because it felt that it had violated FDCPA. It relied on the theory that FDCPA is, overall, a law driven by consumer protection. The court cited relevant case law and stated that the law should be liberally construed to "achieve the underlying Congressional purpose" of protecting consumers. It noted too that FDCPA was enacted the 'eliminate abusive debt collection practices by debt collectors.' Whether or not the firm's practices were "abusive"? Difficult to say, but debtors were certainly not being protected.
The "Least Sophisticated Consumer" Test
Further, the court relied on the principle that the Act was intended to protect the dumbest in society, those persons who fall below the reasonable person standard. The Circuit felt that the Congressional purpose of the Act was to protect the "least sophisticated consumer" -- that person who certainly is below the "Philadelphia lawyer" in financial and legal smarts, and even below that of the average consumer. And since the "least sophisticated consumer" could understandably be led into thinking that she would clear her debt with a firm if she paid the "current balance" on a collection notice, this test had been failed by the firm.
Warn Your Clients
We hope practitioners don't have to remind their clients to pay up. But if you are ever in that position, please make it clear to them that fees may accrue if they fail to pay a balance by a clearly stated date. You need to make these things so clear that even someone high and drunk could understand it. Don't risk a FDCPA suit.
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There aren't too many cases out there where people can agree that lawyers got the short end of the stick, but we think we might have a contender here.]]> Binder and Binder
The tax law firm Binder and Binder represented two clients in separate cases before the Social Security Administration and successfully brought each of those cases to amicable resolutions with each client receiving a sum from the SSA. Under 42 U.S.C. sec 406(a) -- part of the Social Security Act -- successful representatives (i.e., lawyers) "shall" be compensated for their services through deductions from payments that their clients are entitled to receive.
In both cases, Binder's clients received payments from the SSA, but no deductions were made before the clients took possession. The Binder firms were not paid for their services.
Sovereign Immunity
Binder and Binder sued for fees under a theory that 42 U.S.C. sec. 406(a) constituted a waiver of general sovereign immunity from suit because it contained the imperative word "shall" when referring to the payments that must be deducted from the sum that claimants received from the federal government. In both client cases, the courts found that Binder's arguments were unavailing. Both district courts concluded that 42 U.S.C. sec 406 did not amount to a waiver of sovereign immunity and thus, the defendants' motions for summary judgment were granted.
No Waiver
As unfortunate and unfair as the facts appeared to be, the circuit court agreed with the conclusions of the lower district courts. Part of the problem was that even though the SSA was under a duty to deduct the funds and pass them to Binder before it sent a check to the claimants, the relevant statute did not constitute an "unequivocally expressed statutory waiver" of sovereign immunity against the government.
Sucks for You
Although the government clearly caused Binder's injury, the fact remained that the debt was actually the clients' debt, not the governments. In order to place the government on the hook, Binder would have to find that an express waiver existed in the relevant federal law. Since none was presented (or likely even exists), Binder is left with a means of relief.
If you represent claimants before the SSA, this line of cases should remind you to follow your client's case at the SSA and kindly remind them to deduct your fee from the client's sum. It's your money after all, and you certainly can't depend on the government to reliably give it to you.
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Welcome to Northern Lehigh High School
Wednesday, June 29, 2016
Congratulations to Northern Lehigh's 2016 Athletes of the Year
May 23, 2016
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Congratulations to sophomore Jill Olewine, Female Athlete of the Year, and senior Gavin Kemery, Male Athlete of the Year. The students were presented with the awards at the Spring Athletic Awards Ceremony held on Monday, May 23, 2016 in the Northern Lehigh High School auditorium.
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Relevant offers
A woman charged with assaulting missing Rotorua woman Michelle Hoffman-Tamm has appeared in court.
The 44-year-old woman entered no plea to the charge and was granted interim name supression when she appeared before Community Magistrate Lesley Jensen in the Rotorua District Court this morning.
She was remanded in custody to reappear on December 3. Police have indicated further charges are likely.
Ms Hoffman-Tamm was last seen in the late afternoon of November 7 when she left her home address on her bicycle.
Police said their investigation yesterday led them to a rural location close to State Highway 38 between Rotorua and Murupara. They were examining the area last night and were also to search a house in Rotorua. Ms Hoffman-Tamm's bike was found in a Rotorua suburb yesterday.
In a statement police said they wanted to hear from anyone who was in the area of Holland St between 6pm on Wednesday November 7 and Sunday November 11 - and in Victoria St between Sunday November 11 and Monday November 12.
Police are interested in the movements of a two-tone light-coloured Subaru Legacy stationwagon between November 7 and 12 which may have been seen travelling around Rotorua or between Rotorua, Whakatane and Murupara.
- Waikato Times
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Sunsoft has announced that they will be bringing something quite unique to the Wii. Sometime this Summer, Sunsoft will be distributing digital comics via WiiWare. Legendary manga/anime creator Leiji Matsumoto will be bringing some of his works to the service. There are also plans to expand upon this distribution, but no specific details were given.
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'Roller Mesh' Sneaker
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