text:
Cardozo Law School and its Journal of Conflict Resolution are sponsoring the Jed D. Melnick Annual Symposium, "Is Mediation a Sleeping Beauty?", on Monday, November 3, 2014 starting at 8:30 a.m. The impressive line-up of speakers includes many friends of Indisputably, and topics for sessions include the age-old questions: "Is She Sleeping?", "Is She Beautiful?", "Who is the Wicked Witch?", and "Who is Prince Charming?". Sounds like it will be very interesting. For more information, see http://cardozojcr.com/symposia/. To attend, RSVP to firstname.lastname@example.com.
Author Archives: Jill Gross
PIABA Releases Study Criticizing Lack of Diversity of FINRA Arbitrator Pool
At a press conference today and accompanying this press release, the Public Investors Arbitration Bar Association announced it had conducted a study of FINRA's arbitrator roster. It concluded that the roster lacks diversity (in particular, it is 80% male), and almost half of the pool is 70 years old or older.
The study also concluded that the forum failed to detect arbitrators' potential biases and to communicate them to disputants. More specifically, PIABA stated:
FINRA's arbitrator disclosure process fails to ensure that it provides updated and accurate background information and information related to potential conflicts of interest and bias to parties. In many cases, arbitrators are unable to indicate when they last updated their disclosure documentation and do not appear to be urged by FINRA to do so on a regular basis. In addition, FINRA fails to have adequate and verifiable procedural safeguards in place to ensure that impartial and neutral arbitrators are added to the arbitrator pool.
PIABA concludes that these two defects in its arbitrator recruitment process results in an unfair forum for investors to resolve their disputes with their broker-dealers. The ball is now in FINRA's court to refute PIABA's allegations and reassure the investing public that its arbitrator roster is diverse and that it adequately gathers arbitrator background information and other disclosures and then methodically communicates those disclosures to disputants.
Linda Fienberg To Retire from FINRA Dispute Resolution
Linda Fienberg, the long-time President of FINRA Dispute Resolution and FINRA's Chief Hearing Officer, announced her retirement last month. (This post is long overdue, I know.) She joined FINRA in 1996 and, since then, has worked hard to reform the arbitration process to further FINRA's investor protection mission. While some of her decisions arguably were controversial, I always found them to be well-reasoned, principled and consistent. I learned a lot from her leadership and will miss her presence in the securities arbitration field.
Enjoy your well-deserved retirement, Linda!
Second Circuit Holds Forum Selection Clause Trumps FINRA Arbitration Requirement
Today, the Second Circuit followed an April 2014 decision by the Ninth Circuit in Goldman Sachs & Co. v. Reno (described here) — and rejected an opposite holding by the Fourth Circuit — and held that a forum selection clause in a contract supersedes a broker-dealer's obligation to arbitrate disputes with a customer under FINRA Rule 12200. The Court of Appeals, in a single opinion, resolved two cases: Goldman Sachs & Co. v. Golden Empire Sch. Fin. Auth., No. 13-797-cv (2d Cir. Aug. 21, 2014) and Citigroup Global Mkts. Inc. v. N.C. E. Mun. Power Agency, No. 13-2247-cv (2d Cir. Aug. 21, 2014). The respective forum selection clauses at issue required "all actions and proceedings" related to the transactions between the parties be brought in court.
FINRA's Rule 12200 has been the source of much litigation recently, as broker-dealers have tried to elude their obligations to arbitrate with customers, by asking courts to construe the word "customer" narrowly. To aid lower courts, the Second Circuit recently adopted a bright-line definition of "customer.". See here.
I don't understand why recently amended sec. 29(A) of the Exchange Act doesn't void the parties' forum selection clause. That provision voids "any condition, stipulation, or provision binding any person to waive compliance … with any provision of the Exchange Act or its rules." Dodd-Frank (2010) amended § 29(a) to include rules issued by all SROs. Thus, since 2010, § 29(A) explicitly invalidates provisions in brokerage agreements that require customers to waive compliance with FINRA rules. To the extent courts have held in the past that parties could contract around FINRA rules, that line of cases seems to be vitiated by amended § 29(A).
An equally important issue is whether a broker-dealer's conduct in trying to avoid arbitration with a customer by inserting a forum selection clause in its contracts with that customer violates FINRA IM-12000, which states that it "may be deemed conduct inconsistent with just and equitable principles of trade and a violation of [FINRA Conduct] Rule 2010 for a member… to…(a) fail to submit a dispute to arbitration under the [FINRA Arbitration] Code." FINRA Enforcement should pursue these broker-dealers for including these clauses in customer agreements.
Hat Trick: NHL Adds Arbitration Clause, Class Action Waiver and One-Year Limitations Period to its Consumer Services Agreement
Little did I know that I was on NHL.com's email list. I guess having a son wild about all things hockey must have had something to do with it. So you can imagine my surprise on Saturday morning when I woke up to an email from NHL.com informing me of the new arbitration clause it was adding to its "Terms of Service," effective August 13, 2014 (three days earlier).
The arbitration clause contains an agreement to arbitrate before the AAA in New York all disputes arising out of the "Services" or "Terms of Service." The clause also includes a class action waiver, a collective action waiver, a New York choice of law clause, a New York forum selection clause for all non-arbitrable disputes, and an agreement to shorten ALL applicable limitations period to ONE YEAR. Here are relevant excerpts:
Last Updated and Effective Date — August 13, 2014
These Terms of Service (the "Terms") are a legal agreement between you and NHL Interactive CyberEnterprises, LLC and its affiliates, including NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., and the National Hockey League ("NHL", "we" or "us") governing your access to and use of the websites and online services that display or provide an authorized link to these Terms (collectively, the "Services"). The Services include, without limitation, nhl.com, the NHL app, NHL GameCenter LIVE™, and NHL Vault™.
18. Location, Governing Law, Arbitration, and Time Period Limitation for Bringing Claim
These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
With respect to any and all disputes arising out of or in connection with the Services or these Terms (including without limitation the Privacy Policy), the NHL and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and the NHL do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the NHL will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
The NHL and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in New York. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the NHL may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
Unconscionable? Let's discuss.
FINRA Proposes Bungling "Public" and "Non-Public" Arbitrator Definitions
Over the years, to respond to criticism that its arbitrators are biased in favor of the securities industry, FINRA has implemented a series of reforms to its arbitration rules. It tweaked the definition of "public" and "non-public" arbitrators (the two classifications FINRA uses) to decrease the chance that a "public" arbitrator would have any affiliation with the securities industry, it adjusted the composition of panels in customer cases to guarantee an investor an "all-public" panel, and it improved methods of arbitrator selection to increase choice for disputants (i.e., increased number of strikes; "short list" selection). The two animating principles behind these reforms were increased party choice of neutrals and ensuring neutrality – both actual and perceived – of panelists. FINRA justified the dual classification system as a means to make available to parties arbitrators with expertise in the practices of the securities industry who could apply industry norms and practices to the decision (labeled by FINRA as the non-public arbitrator, but known by practitioners as the "industry" arbitrator).
Most recently, FINRA has filed a rule change proposal with the SEC to once again change the definitions of the two classifications. For the first time, however, it has proposed that an attorney who represents investors in securities disputes be classified as "non-public." If the SEC approves the proposal, FINRA's "non-public" arbitrator roster will include arbitrators without industry expertise or experience. This proposal appears to place at a premium (rather than balance equally) the animating principle of actual and perceived neutrality at the expense of party choice of neutrals. But the more "neutral" an arbitrator is (because of his or her distance from the subject matter of and parties to the dispute), the less expertise the arbitrator has in the subject matter of the dispute.
In my view, this is a perversion of the whole purpose of FINRA's arbitrator classification system. Arbitration is supposed to be a private dispute resolution process using third-party neutrals who have — if the parties choose — expertise in the subject matter of the dispute. If the arbitration forum cannot supply neutrals with expertise, then the parties don't get one of the primary benefits of arbitration. The forum should throw in the garbage its classification system and start from scratch with just one roster of arbitrators, and add far more party choice (via a larger list; more strikes; easier challenges for cause, etc.). If the forum insists on having two arbitrator classifications, it should call a spade a spade and label them "expertise" and "novice."
George Friedman, formerly of FINRA Dispute Resolution, in his comment letter to the rule proposal (in the form of an article), offers this and additional persuasive arguments why this rule proposal is a bad idea. The SEC should take heed.
Second Circuit Adopts Bright-Line Definition of FINRA "Customer" For Arbitration Purposes
The circuit courts continue to refine the definition of the term "customer" under FINRA Rule 12200. A "customer" can compel a broker-dealer to arbitrate a dispute even in the absence of a pre-dispute arbitration agreement. FINRA does not define "customer," except for its mention in Rule 12100(i) (a "customer shall not include a broker or dealer").
I previously blogged (here) about a recent case in which the Ninth Circuit Court of Appeals adopted the Second Circuit's 2011 definition: a customer is "a non-broker and non-dealer who purchases commodities or services from a FINRA member in the course of the member's FINRA-regulated business activities." This definition necessarily required a detailed examination of the facts and circumstances of the parties' relationship. (In the Ninth Circuit case, the court concluded that a municipal issuer purchasing advisory services for an auction-rate security issuance from an investment bank was a "customer.")
Now the Second Circuit has come up with what it calls "the precise boundaries of the FINRA meaning of 'customer.'" In Citigroup Global Markets Inc. v. Abbar, Docket No 13-2172 (Aug. 1, 2014), the Second Circuit concluded that a Saudi businessman who managed family trusts that lost $383 million invested with a U.K. affiliate of Citigroup, Inc. ("Citi UK), was not a "customer" of Citigroup Global Markets, Inc. ("Citi NY") under Rule 12200, and thus could not compel Citi NY to arbitrate their dispute. The Court of Appeals issued "a bright-line rule" and held that "a 'customer' under FINRA Rule 12200 is one who, while not a broker or dealer, either (1) purchases a good or service from a FINRA member, or (2) has an account with a FINRA member." The Court reasoned that a "simple, predictable and suitably broad definition of 'customer'" is "necessary" to avoid a "sprawling litigation" that its previous definition required, which "defeats the express goals of arbitration to yield economical and swift outcomes." Because Abbar purchased no goods or services from Citi NY (though some of its employees helped develop trading strategies for his accounts) and had no account with it, he was not a "customer" of Citi NY.
Of course, the Court recognized that, as with all legal definitions, exceptions exist for "rare instances of injustice." This exception seems to swallow the rule, however, as it should still call for a detailed examination of the facts to mine for injustices.
FINRA Appoints New Arbitration Task Force
FINRA announced today the formation of a new Arbitration Task Force "to consider possible enhancements to its arbitration forum to improve the transparency, impartiality and efficiency of FINRA's securities arbitration forum for all participants." The 13-member Task Force will be Chaired by Professor Barbara Black, my former colleague and frequent co-author, and will include forum arbitrators, representatives from the securities industry, investor advocates and attorneys, industry attorneys and a regulator.
Because virtually all broker-dealers require their customers to arbitrate their disputes, FINRA's arbitration program, which administers virtually all of these disputes, continues to be criticized as some investors perceive the process is unfair. FINRA last appointed a task force to conduct a wholesale examination of its arbitration forum in the mid 1990′s, when David S. Ruder (Professor of Law Emeritus, Northwestern) chaired the Arbitration Policy Task Force that issued a January 1996 report to the Board of Governors of NASD (FINRA's predecessor). The "Ruder Report," as it is known, led to many important reforms of the process.
Given my respect for Professor Black, I have no doubt that the "Black Report" will contain similarly significant recommendations to increase the fairness for all disputants.
Securities Arbitration Commentator Launches New Blog
For those interested in the field of securities dispute resolution, check out this new blog, just launched by Securities Arbitration Commentator (http://www.sacarbitration.com/blog/). Here is its opening announcement:
The Securities Arbitration Commentator ("SAC") is just delighted to welcome you to our new blog, through which we will keep followers informed of key developments in the securities dispute resolution field. Typical blog posts will cover state and federal court cases of importance to our followers, regulatory and rulemaking updates, and the latest news from the securities and alternative dispute resolution worlds. This week, we lead with an analysis of an important United States Supreme Court ruling impacting the financial industry.
Registration Now Open for Fall 2014 ADR Works in Progress Conference
From FOI, Prof. Ron Aronovsky (Southwestern Law)
Dear Colleagues:
Registration is now open for the AALS ADR Section's Eighth Annual Works-in-Progress Conference!
The Conference: Southwestern is honored to host this year's WIP Conference. The Conference has traditionally provided a welcoming and interactive forum where ADR scholars from across the country can share their current research, obtain feedback, exchange ideas, reconnect with colleagues and build new collaborative working relationships. At the conference, junior and senior ADR scholars present their current work-in-progress, ranging from research ideas for a future article to full draft papers. Conference attendees share their insights about the presentation topic and offer constructive feedback to the presenter. If they wish, presenters who timely submit a full draft of a work-in-progress paper will also be assigned an experienced scholar as commenter.
The Schedule: The Conference will begin with a welcoming reception hosted by Southwestern on the evening of Thursday, November 6. Friday, November 7 will feature a full day of presentations, along with continental breakfast, luncheon and dinner hosted by Southwestern. The Conference will conclude on Saturday, November 8 with a half-day of presentations, as well as continental breakfast and lunch hosted by Southwestern.
Registration: To register for the Conference or to get more information, please go to www.swlaw.edu/adrwip. There is no registration fee (attendees are responsible for their own travel and lodging expenses). To download an informational flyer about the Conference, please click here.
We hope to see you this November at the Conference.
Best, Ron
Quick Tips for Developing Your ADR Career
Jeffrey T. Zaino, a Vice President at the American Arbitration Association, offers this guest blog post on developing a career as an ADR neutral:
Developing a career as an arbitrator or mediator can be very challenging. Before you consider moving into the field it is important that you talk to those arbitrators and mediators who have done it successfully. Over the years I have had the opportunity to take their counsel. The following are some of the best of their many tips regarding how to develop and sustain an ADR career:
- Compare your resume/panel card to successful neutrals.
- Keep your resume/panel card updated and fresh. ADR service providers and advocates do carefully review resumes/panel cards.
- Set a fair hourly or per diem rate. Compare your rate with others with similar backgrounds and experience. Understand what the going rate is in your region.
- Get involved in various bars associations, state and national. Do not just be a dormant member, volunteer for committees and produce. Bar associations provide a wonderful networking opportunity.
- Become active with non-bar association groups active in the field of ADR (e.g., Association for Conflict Resolution and Labor and Employment Relations Association).
- Pay your dues – volunteer your services as a neutral to develop skills and network. There are various pro bono community and court programs.
- Find multiple mentors to see and learn about different styles. Shadow your mentor not just to be educated but to network with advocates and parties.
- Practice in your backyard where parties and advocates know of you and your reputation.
- Participate in ongoing trainings and educational events to keep up on current trends/laws and to network.
- If pursuing a mediation career read, "Making Peace and Money: Economic Analysis of the Market for Mediators in Private Practice."
- Have a webpage and effectively use social media. Social media is here to stay and many new neutrals use social media to promote themselves. It is one tool used by parties and advocates to research about neutrals.
- Google yourself. If you are active in the community professionally and have a social media presence, what should appear is positive and free information about you. This is a free advertisement about you and your ADR practice.
- Do not get discouraged – as any successful neutral will tell you, it takes a lot of hard work and time to develop a career in this field.
AAA Seeking Law School Clinics to Represent Parties in Arbitration and Mediation
I am passing along the following message from Tracey Frisch, Staff Attorney of the American Arbitration Association:
The AAA is looking to compile a list of law school clinics that would provide legal representation to self-represented parties in AAA administered arbitrations and mediations. If there is a clinic at your school that would provide legal services to self-represented parties in AAA administered arbitrations and/or mediations, please send the detailed eligibility requirements and information about the clinic to firstname.lastname@example.com.
Thank you, Tracey Frisch
More on FINRA's Ruling in the Schwab Class Action Waiver Case
I blogged yesterday (here) about FINRA's Board of Governors' Decision finding that Schwab violated FINRA's rules by inserting a class action waiver in the PDAA in its customer agreement. A few additional aspects of the decision are worth mentioning.
First, FINRA's Enforcement Department appealed the lower hearing panel's adverse ruling to FINRA's National Adjudicatory Council (NAC), the body that typically hears appeals from Disciplinary Hearing Panel rulings. Yet, the Board of Governors, not NAC, issued the decision. What happened?
As my colleague and co-author Professor Barbara Black explained to me, under FINRA rule 9349, NAC submits its proposed decision to the Board of Governors, which almost always becomes final without Board action. The Board can, however, under rule 9351, call a proposed decision for review and affirm, modify or reverse the proposed decision and/or its sanctions. We both wonder whether NAC's proposed decision differed in any material way from the decision ultimately released by the Board of Governors. I can only surmise that, if the Board of Governors had agreed with NAC's proposed decision, it wouldn't have taken the action that it did.
Second, simultaneous with the issuance of the decision, Schwab entered into a Letter of Acceptance, Waiver and Consent (AWC) with FINRA, settling the enforcement action by consenting to a $500,000 penalty and agreeing not to appeal the decision further. Thus, the AWC ends the matter, and no court will get to rule on the important legal issues arising under the FAA, at least in this case. I can only wonder why Schwab finally threw in the towel, after vigorously fighting the enforcement action for more than two years. I suspect the negative publicity Schwab received from its unilateral, anti-investor legal maneuver (in inserting the class action waiver in the first place) proved too much for the business people to accept. Is this General Mills redux?
Perhaps public pressure will, in the end, be the only weapon that consumers and investors have to force companies to put more customer-friendly arbitration clauses in their consumer contracts. Perhaps ADR folks should initiate the Occupy Arbitration movement?
ODR Conference in June 2014 at Hastings/Stanford
From Ethan Katsh (U Mass):
The 2014 International Online Dispute Resolution Conference will be held in Silicon Valley and San Francisco, June 25-27, 2014. ODR 2014 <http://www.odr2014.org> will bring together the technology, law and dispute resolution communities, academic researchers, representatives of financial institutions, ecommerce and social media companies, and social justice advocates using innovative technologies to leverage change. It will be preceded by a "Hack for Justice" hackathon on June 21st. Registration and other information is at www.odr2014.org Particular thanks to Sheila Purcell of Hastings and Jan Martinez of Stanford for co-hosting the meeting. Please feel free to contact me privately with any questions.
His email is: firstname.lastname@example.com.
FINRA Reverses Hearing Panel in Schwab Enforcement Case: Class Action Waiver Violates FINRA Rules
In a stunning but hoped-for result (based on am amicus brief I co-authored in the case), FINRA's Board of Governors reversed a disciplinary hearing panel decision in the FINRA v Schwab enforcement action. (See some of my previous blog posts on the subject, here, here and here.) That hearing panel had held, among other things, that Schwab's class action waiver in its standard customer agreement's pre-dispute arbitration clause violated FINRA rules but those rules could not be enforced under the Federal Arbitration Act.
FINRA reversed that aspect of the hearing panel decision, and held that the Securities Exchange Act constituted a sufficient Congressional command to overcome the FAA's mandate to courts to enforce arbitration agreements as written. Since the Exchange Act delegated to the SEC, which in turn delegated to FINRA, the authority to regulate broker-dealers' arbitration agreements for the protection of investors, FINRA's rules barring class action waivers and mandating that investors be able to bring class claims in court were enforceable.
This is the precise argument I spelled out in my article with Professor Barbara Black, Investor Protection Meets the Federal Arbitration Act, 1 Stan. J. Complex Litig. 1 (2012).
In my view, this is the right result, both under the law and for investors.
Ninth Circuit, FINRA Arbitration and Exchange Act Commands
Last week, the Court of Appeals for the Ninth Circuit decided two issues important in the field of securities arbitration — one of which I believe flatly ignores the Securities Exchange Act of 1934, as amended by Dodd-Frank. The case, Goldman, Sachs & Co. v. City of Reno, __ F.3d __, 2014 WL 1272784 (9th Cir. Mar. 31, 2014), arose out of Goldman's underwriting and advising services for the City of Reno's issuance of auction-rate securities (ARS) in 2005 and 2006. When the market for ARS and thus Reno's ARS collapsed, Reno initiated a FINRA arbitration against Goldman alleging a whole host of common law and statutory claims.
Goldman resisted arbitration in the courts, and the case went up to the Ninth Circuit. First, the Court ruled that the City of Reno was a "customer" of Goldman within the meaning of Rule 12200 of FINRA's Code of Arbitration Procedure for Customer Disputes, and thus Goldman had a duty to arbitrate disputes upon the demand of a "customer." However, the Court also ruled that forum selection clauses (District of Nevada) in the relevant agreements trumped Goldman's duty to arbitrate. Thus, the case could proceed in federal court.
The Court's conclusion that Reno is a "customer" of Goldman is not all that controversial in my view, as the court adopted the Second Circuit's definition from UBS v. WVUH, 660 F.3d 643 (2d Cir. 2011) ("a 'customer' is a non-broker and non-dealer who purchases commodities or services from a FINRA member in the course of the member's FINRA-regulated business activities, i.e., the member's investment banking and securities business activities"). I blogged about that Second Circuit case here.
The second holding troubles me. Sec. 29(A) of the Exchange Act voids "any condition, stipulation, or provision binding any person to waive compliance … with any provision of the Exchange Act or its rules." Prior to Dodd-Frank (2010), the statute also applied to rules issued by securities exchanges; Dodd-Frank amended § 29(a) to include rules issued by all SROs. Thus, for the first time, § 29(A) explicitly invalidates provisions in brokerage agreements that require customers to waive compliance with FINRA rules. To the extent courts have held in the past that parties could contract around FINRA rules, that line of cases seems to be vitiated by amended § 29(A).
It seems to me that this recently amended provision of the '34 Act voids the parties' forum selection clause. I wonder why the City of Reno did not pursue this argument (I saw no mention of it either in the district court's or Court of Appeal's decision)? I also wonder why FINRA's Enforcement Division did not pursue Goldman; FINRA IM-12000 states that it "may be deemed conduct inconsistent with just and equitable principles of trade and a violation of [FINRA Conduct] Rule 2010 for a member… to…(a) fail to submit a dispute to arbitration under the [FINRA Arbitration] Code."
This issue is similar, although not identical to, the issues raised in the FINRA v. Schwab disciplinary case (whether FINRA rules void a class action waiver in an arbitration clause in a brokerage firm's customer agreement), which is still pending on appeal to FINRA's National Adjudicatory Council. See here, here, here, here and here.
The issue also brings to mind a larger question raised a decade ago by Prof. Barbara Black: why do brokerage firms shun FINRA arbitration when institutional investors sue them, but mandate arbitration when individual investors sue them?? See Barbara Black, The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cinc. L. Rev. 415 (2003).
Arizona State Law Wins ABA Representation in Mediation Competition
Congratulations to students Alden Anderson and Chelsea Hesla from the Sandra Day O'Connor College of Law at Arizona State University, who won the 2014 American Bar Association Section of Dispute Resolution Representation in Mediation Competition. The National Finals took place this past week at the Section's Annual Conference in Miami.
As the ABA reported, over 100 teams from 50 law schools competed for the right to advance to the National Finals. Ten teams were invited to compete at Nationals: Emory Law, Fordham University School of Law, Marquette University Law School, Sandra Day O'Connor College of Law at Arizona State University, South Texas College of Law, Southwestern Law School, The Ohio State University Moritz College of Law, University of Idaho College of Law, University of Maryland Francis King Carey School of Law, and William & Mary Law School.
After two preliminary rounds on April 2nd the teams from Sandra Day O'Connor College of Law at Arizona State University, South Texas College of Law, The Ohio State University Moritz College of Law, and University of Maryland Francis King Carey School of Law advanced to the Semi-Final Round on April 3rd. The teams from Sandra Day O'Connor College of Law at Arizona State University and The Ohio State University Moritz College of Law advanced to the Championship Round where Arizona State University students prevailed.
Profs. Frenkel and Stark Win CPR Outstanding Scholarly Article Award
Profs. Doug Frenkel's (UPenn) and Jim Stark's (UConn) recent article Changing Minds: The Work of Mediators and Empirical Studies of Persuasion, 28 Ohio State J. Dispute Resol. 263-352 (2013), has been selected as the outstanding scholarly article of 2013 by the International Institute for Conflict Prevention and Resolution (CPR). CPR, an organization of executives and counsel from the world's largest companies and global law firms, government officials, retired judges, highly experienced neutrals, and leading academics, was founded in 1979 and has been dedicated to the growth and development of dispute resolution practice and policy ever since.
I heard them present a summary of the article at the ADR Works-in-Progress Conference in the fall and it is truly a fascinating and ambitious empirical study. Congratulations to them both on this well-deserved award!
Dropbox adds Arbitration Clause to its Terms of Service
I have a Dropbox account and use it to store a lot of my cloud-based documents. Dropbox emailed its users late last week, announcing changes to its Terms of Service, including the addition of an arbitration clause. Notably, the clause included submission of disputes to the AAA for arbitration, a right to opt out within 30 days, an agreement that Dropbox will pay all arbitration fees for claims of less than $75,000, a "bonus" payment of $1,000 if the award is greater than any Dropbox offer of settlement, and, of course, a class action waiver. I have reproduced the clause in its entirety below.
I wonder whether Dropbox adopted the few consumer-friendly features of the clause simply to please its users, to forestall any finding of unconscionability based on the class action waiver, or to try to retain users who might object. The Dropbox Blog has a more complete announcement of the changes, including quite a few comments from users who object to the arbitration provision and have chosen to drop Dropbox as a result. At least this is a service for which consumers have a choice: they can sign up for an alternative cloud storage service not subject to arbitration of disputes.
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Dropbox, you agree to try to resolve the dispute informally by contacting email@example.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Dropbox may bring a formal proceeding.
We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Dropbox will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Dropbox will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Dropbox may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Dropbox agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Dropbox consent to venue and personal jurisdiction there.
Notable AAA Arbitration Rule Revisions in 2013
As others are reflecting on notable events in the past year, I think about the American Arbitration Association's 2013 revisions to its arbitration rules, and what those revisions mean to arbitration.
First, effective October 1, the AAA's revised Commercial Arbitration Rules make several important changes to the arbitration process. All of the changes are summarized on the AAA's website, but a few notable ones include:
- R-9: All arbitration claims exceeding $75,000 must be mediated concurrently with the arbitration, unless any party opts out. Notable for one of the original arbitration service providers to recognize the value of mediation as a critical ADR step in most cases.
- R-21: Arbitrators should schedule a preliminary hearing "as soon as practicable" after their appointment and related procedural rule P-1 provides a checklist of 19 items the arbitrators should cover during the preliminary hearing. Notable for how explicit the directions are to the panel as to how to conduct the hearing, but cautions the panel and parties not to "import" court-like procedures into the arbitration.
- R-22 now addresses discovery in more detail, and provides additional tools to the panel to manage the discovery process. Notable for its explicit reference to e-discovery.
- R-33 now expressly mentions the authority of the panel to decide pre-hearing motions. Notable because the old rules were silent as to pre-hearing motions.
- Revised Rule 58 (and rule 23) authorizes the arbitrators to impose sanctions for failure of a party to comply with an order of the panel or any of the AAA rules. Notable, just notable.
Second, as of November 1, AAA adopted Optional Appellate Arbitration Rules. Those rules allow for a "high-level review" of arbitral awards in large, complex cases on grounds not available in court for review of arbitral awards (i.e., errors of law) by consent of all parties. The AAA will supply former federal or state judges, or "neturals with strong appellate backgrounds" as the appellate reviewers. These rules are a direct response to disputants' concerns that there are very limited grounds on which a court can vacate an arbitration award, and the Supreme Court ruled in 2008 that parties cannot contractually expand those grounds. In large, complex cases, parties simply have too much at stake to yield that much authority and finality to the arbitration panel. Notable as the AAA attempts to maintain arbitration as an attractive ADR mechanism for parties, yet offer court-like features to respond to criticism that arbitrators lack accountability.
I look forward to assessing ADR developments in 2014!
Congratulations to FOI Hiro Aragaki
Congratulations to Friend of Indisputably Prof. Hiro Aragaki (Loyola Law) on winning one of only two Honorable Mentions in the 2014 AALS Annual Scholarly Paper Competition for junior faculty for his paper "Contract" or "Procedure"? Reinterpreting the Federal Arbitration Act. He presented a draft of the paper to the recent ADR Works-in-Progress Conference, and his presentation generated a lot of interesting discussion.
He will present his paper at the AALS Annual Meeting in New York on Saturday, January 4, 2014 from 2:00- 3:45 p.m. (conveniently just before the ADR's section 4:00 program, "ADR and the Regulatory State"). I am looking forward to both!
Report from Cardozo's Wonderful ADR Works-in-Progress Conference
Now that I have had a day to catch my breath, I can share a few reflections about the wonderful ADR Works-in-Progress Conference that Cardozo Law School hosted this past Thursday evening through Saturday morning. Prof. Lela Love, Director of Cardozo's Kukin Program for Conflict Resolution, assisted by student editors of Cardozo's Journal of Conflict Resolution, organized and coordinated presentations of papers and projects in various phases of progress on a wide variety of ADR-related topics from more than 25 ADR scholars.
First, due to limited travel budgets, this marks the first time I have been able to attend the ADR WIP conference, a conference conceptualized and founded about six years ago by co-blogger Andrea Schneider (yes, Andrea, yet another shout-out) and promoted by the ADR AALS Section. Because the conference finally was in New York, I now know what I have been missing all these years. In an intensive and short period of time, I absorbed the latest developments in the field, thought deeply about and responded to "baking" scholarship and generated ideas and nuances for my own work. [As an aside, those administrators who make seemingly unprincipled decisions about not funding academics to travel to more than one conference per year should take into account the value-added benefits to its faculty of attending these conferences and not putting academics in the unenviable position of having to choose which one to attend (or pay out-of-pocket).]
Second, I loved the format of the conference — or, should I say, the variety of formats. During the day and a half of presentations, the organizers used various mechanisms to permit attendees to provide feedback to presenters. These included written feedback on postcards, circulating sheets, and post-its, as well as verbal feedback via small and large group discussion and responses to targeted questions. By mixing up the formats, the conference organizers met the needs of a wider variety of styles of learners and teachers, kept us on our toes and thus generated more meaningful feedback to each presenter.
Finally, the themes that emerged from the conference reveal a proliferation of old and new mechanisms, overuse and underuse of ADR, problems in labeling of neutral styles, behaviors and approaches, and deep concerns among ADR scholars about the fairness of ADR mechanisms. That being said, the group seemed energized to continue working to improve and promote ADR processes.
I look forward to next year's WIP conference, no matter the location, and plan on attending regardless of budgetary constraints!
Happy Mediation Settlement Day!
NYS Governor Andrew M. Cuomo and NYC Mayor Michael R. Bloomberg
Proclaim Thursday, October 17 as Mediation Settlement Day
Everyone can benefit from learning about mediation and other Alternative Dispute Resolution resources to resolve conflicts and disputes peacefully.
Throughout the month of October, Mediation Settlement Day sponsors offer special programs to increase understanding about mediation as a means of resolving conflicts and disputes peacefully.
This year's Mediation Settlement Day Honorary Chair is Kenneth R. Feinberg, Director of the One Boston Fund 2013, Special Master of the Federal September 11th Victim Compensation Fund 2001 and Founder and Managing Partner at Feinberg, Rozen, LLP.
For the third consecutive year, on Mediation Settlement Day at sundown, seven New York landmarks will be illuminated in blue in support of mediation:
- 7 World Trade Center
- Albany Law School
- Mid-Hudson Bridge – Poughkeepsie
- Niagara Falls, the American and Canadian sides (Niagara Falls Illumination Board)
- Peace Bridge Buffalo
- The Electric Tower of Buffalo
- The Staten Island Ferry Terminals in Manhattan/Whitehall display a message inviting the public to learn about mediation at www.nycourts.gov/adr.
CyberWeek 2013 eMediation Competition
Cornell University's Scheinman Institute on Conflict Resolution, in conjunction with the Modria Mediation Room, is hosting the 2013 Cyberweek eMediation Competition.
WHEN: November 4-8, 2013
1. Competitors must be a current student at a college or university.
2. Mediator – Individuals may register to participate in the competition as a mediator.
3. Parties – Individuals or teams of 2 may register to participate in the competition as a party to the conflict.
TYPES OF CASES INVOLVED: The competition will use cases involving workplace and/ or community disputes.
ONLINE COMPETITION: Each mediation will be asynchronous using Modria's platform and last four days. The competition will consist of one round.
COMPETITOR EVALUATION: Each pre-determined criterion will be judged on a scale of 1-5 by ADR professionals, allowing for a combined highest score of 40. The scores for each team will be considered a final score. A ranked listing of the top five scoring mediators and the top ten scoring parties will be announced.
REGISTRATION: Competitors must registers by Thursday, October 31. The competition will begin on November 4 and end on November 8. Competitors can register for Cyberweek at: https://cyberweek2013.eventbrite.com/
After registering for Cyberweek, you can register for the eMediation competition at: http://www.ilr.cornell.edu/conflictRes/eMediationCompetitionRegistration.html
Please contact Richard Todd at firstname.lastname@example.com or Katrina Nobles at email@example.com with any questions.
George Friedman's Prolific Retirement
As I blogged here, at the end of 2012, George Friedman retired as Executive Vice President and Director of Dispute Resolution of FINRA Dispute Resolution after many years in a top role there. (He remains an Adjunct Professor at Fordham where he has taught Arbitration Law for many years.)
However, since his so-called retirement, he has been a very prolific author and blogger in the area of securities arbitration and arbitration law generally. Among other topics, he has analyzed the Supreme Court's most recent arbitration decisions, critiqued the most recent iteration of the Arbitration Fairness Act, and more openly addressed critics of FINRA's forum. His unique perspective as a former top administrator of a critical mediation and arbitration forum that was subject to regulatory oversight provides an important new voice in the public discussion of securities arbitration, and I welcome his contributions. You can access most of his writings either on his website, here, or through his blog entries on the Arbitration Resolution Services blog (he is on the ARS Board), here.


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Tesla Motors (TSLA) shares lost their charge early Wednesday after Morgan Stanley cut its forecast on Model X deliveries. Analyst Adam Jonas now sees Elon Musk's luxury electric car company delivering 5,000 Model X vehicles next year, well below an earlier estimate for 15,000 vehicles. "Our ...
Stock futures fell out of flat trade to moderate losses ahead of Wednesday's open after a mixed read on October homebuilding activity. Dow futures slumped 18.8 points below fair market value. Nasdaq 100 futures traded down 6.3 points. S&P 500 futures were 3.5 points in the red. The stock market ...
Stocks ended mixed in a back-and-forth session Monday, continuing a pattern of mildly choppy action. Despite weakness in energy stocks, the S&P 500 rose 0.1% to a new closing high after bouncing back from a 0.3% loss. After an intraday tug-of-war, the index closed little changed for the fifth ...
Like many world leaders at the G20 conference in Australia, Narendra Modi, India's prime minister since May, was promoting hard but to a slightly different audience. Speaking to a 21,000-seat auditorium in Sydney on Monday, he rephrased the pitch made to Indians living in the U.S. when he addressed ...
Stocks turned negative in late morning trading as new data from the Federal Reserve showed industrial production slipped in October. The Nasdaq fell 0.7%, the S&P 500 dropped 0.2% and the Dow Jones industrial average shed 0.1%. Volume was tracking lower on the Nasdaq and slightly higher on the ...
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Not all commodities and the companies that produce them are in such a long, deep funk.
The Los Angeles Auto Show started today, which resulted in announcement and unveiling of various new vehicles by automakers over the week.
Tata Motors Limited (TTM) earnings declined to of INR10.21 per ordinary share (84 cents per American Depositary Share or ADS) for the second quarter of fiscal 2015
Last week saw disappointing news stories for most auto stocks although impact of the positive movement in the market prevented any major losses in stock value.
Let us see how things are shaping up for Toyota Motor Corporation (TM) this earnings season.
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subset: commoncrawl


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Make a Raspberry Pi Model B+ Case from a Manila Folder
Raspberry Pi cases are a dime a dozen, but we all know making your own is usually the best way to go. The recently released Model B+ changes the form factor of the Pi enough that old cases don't work. Thankfully, Imgur user quantumCity shares a B+ case made from a Manila folder. »


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Dez Bryant says he wants to have 2,000 receiving yards and 20 touchdowns during the 2013 NFL Season (Credit: AP Photo) During the 2012 NFL season, Detroit Lions wide receiver Calvin Johnson broke Jerry Rice's single season receiving record of 1,848 yards. Johnson ended the season with 1,964 yards. While Johnson currently has the single season receiving record, if you ask Dallas Cowboys wide receiver Dez Bryant, Johnson won't hold that record for long. Bryant, who finished the 2012 season with 1,382 yards and 12 touchdowns, told ESPNDallas.com that he expects to have 2,000 receiving yards and 20 touchdowns next season. "That's still scratching the surface," Bryant said to ESPNDallas.com. "It's only going to get better, to be honest. I still have a lot to give. I feel like nobody's seen anything. I feel like it can be a lot more than that. That's just being honest. I honestly feel like [2,000 yards and 20 touchdowns] can potentially happen." Bryant also said that he plans to step up and become a team leader during 2013. "That's all having to do with understanding me being a Dallas Cowboy, me knowing who I am as a person, just understanding that I'm a grown man," Bryant said. "It's time to be a leader. It's time to step up and just do what you need to do. Hold yourself accountable." While it is hard to imagine someone breaking 2,000 receiving yards in a single season, Bryant has some reason to be confident going into the 2013 season as he finished the last ten games of the 2012 season by catching 50 passes for 879 yards and 10 touchdowns. Although, maybe if EA Sports puts Bryant on the cover of Madden 25, he will break Johnson's record. The post Dez Bryant hopes to have 2,000 receiving yards in 2013 appeared first on DOWN & DISTANCE - Presented by Sports-Kings.
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Maximum Upload File Size
Posted by depratama Labels: linux, Networking
Maximum Upload File Size
Is there an easy way to increase the maximum file upload size (currently 2 megabytes)?
The file upload size is set in your PHP configuration,
php.ini, with the parameter
The setting can be changed in a number of different places depending on your webserver and the method it uses to run PHP.
If your Webserver allows the modification of PHP settings through a
.htaccess file (Apache + mod_php) add the following two lines to a
.htaccess in the installed directory:
php_value upload_max_filesize 15M php_value post_max_size 15M
Otherwise you need to modify your
php.ini (usually located in
/etc/php5/php.ini, but refer to your administrator or distribution manual for the correct location):
upload_max_filesize = 15M post_max_size = 15M
After modifying the global
php.ini you will need to restart the webserver to have changes take effect.
Apache Users
Set the following parameter to a reasonable value in your php.ini if you get "Upload Failed" errors after setting
upload_max_filesize and
post_max_size :
memory_limit = 256M ; Maximum amount of memory a script may consume (default: 16MB)
Suhosin Users
Users with Suhosin might need to increase the
suhosin.post.max_value_length value as well.
Red Hat E5 Servers
Red Hat ES users will also want to check (and probably increase)
LimitRequestBody in
/etc/httpd/conf.d/php.conf, which is set by default to a fairly low value. This directive specifies the number of bytes from 0 (meaning unlimited) to 2147483647 (2GB) that are allowed in a request body.
FCGI Users
An updated default FastCGI restriction, which limited the maximum body size of a HTTP request results in internal server errors. You may set new values in your apache, i.e.
FcgidMaxRequestLen 26214400 FcgidConnectTimeout 60
for 25 MB and 60 sec timeout.
Wednesday, October 22, 2014 |
Shell In A Box SSH Via Web Browser
Posted by Dpe Labels: linux, Networking
This is tutorial that i read today. It's about how to remote your computer via web. It use web based emulator named shellinabox created byMarkus Gutschke. It has built-in web server that runs as a web-based SSH client on a specified port and prompt you a web terminal emulator to access and control your Linux Server SSH Shell remotely using any AJAX/JavaScript and CSS
This tutorial describe how to install Shellinabox and access remote SSH terminal using a modern web browser on any machine.
Tuesday, October 07, 2014 |
How To Disable IPV6 in Ubuntu
Posted by depratama Labels: linux, Networking
I want to disable ipv6 in my Ubuntu Server.
First, I open
/etc/sysctl.conf using text editor.
$ sudo nano /etc/sysctl.conf
Then I insert these following lines at the end.
net.ipv6.conf.all.disable_ipv6 = 1
net.ipv6.conf.default.disable_ipv6 = 1
net.ipv6.conf.lo.disable_ipv6 = 1
After that, I save the file using Ctrl+O and exit from text editor using Ctrl+X. On terminal, I type this command
$ sudo sysctl -p
I get result in terminal as,
net.ipv6.conf.all.disable_ipv6 = 1
net.ipv6.conf.default.disable_ipv6 = 1
net.ipv6.conf.lo.disable_ipv6 = 1
After that when I check,
$ cat /proc/sys/net/ipv6/conf/all/disable_ipv6
I get result as,
From the result, I know my ipv6 disabled successfully.Read More..
Tuesday, September 30, 2014 |
Import Mysql File Using Command LIne
Import mysql file using command line on Linux needs several steps.Read More..
Step 1: Upload mysql file to server
You can use either ftp or scp to upload mysql file.
Step 2: Login to server
Login to server using ssh application. Example your website domain is pratama.us and username is demby. Type this command to login to your server.
ssh firstname.lastname@example.com
You can change demby to your username and pratama.us to your domain or ip address.
Step 3: Import Mysql File
To import your mysql file to database you can use command below:
mysql -u USERNAME -p -h HOSTNAME DATABASENAME < FILENAME
Example if your mysql USERNAME is demby, HOSTNAME is localhost, DATABASENAME is dembydb and FILENAME is dembydb.sql, type this command to import.
mysql -u demby -p -h localhost dembydb < dembydb.sql
If you using ip address or domain as your hostname then your command become:
mysql -u demby -p -h 22.214.171.124 dembydb < dembydb.sql
mysql -u demby -p -h demby.pratama.us dembydb < dembydb.sql
After that, you can check your database and browse the data. This article is to remind me how to import mysql file to database using command line.
--From Email
Tuesday, August 20, 2013 |
How to install rsync server on CentOS
Posted by depratama Labels: linux, Networking, Tools
These are steps to install rsync server.
Install xinetd and rsync packages
#yum -y install xinetd rsync
Then make sure xinetd is running on levels 3, 4 and 5
#chkconfig --level 345 xinetd on
Modify rsync xinetd configuration. We shoud change disable = yes to disable = no
#vi /etc/xinetd.d/rsync
Next, create rsync secrets file for password with format of username:password
#vi /etc/rsyncd.secrets
Last create configuration for rsync shares
#vi /etc/rsyncd.conf
Fill this configuration
# rsyncd.conf
secrets file = /etc/rsyncd.secrets
motd file = /etc/rsyncd.motd
read only = yes
list = yes
uid = nobody
gid = nobody
comment = Interesting stuff from this server
path = /home/rsync/out
comment = FYI
path = /home/rsync/secret-out
auth users = demby,pratama
hosts allow = *.pratama.us
hosts deny = *
list = false
Then save
After that, fix up permission and ownership file, and restart xinetd service
#chown root.root /etc/rsyncd.*
#chmod 600 /etc/rsyncd.*
#service xinetd restart
You can test it locally:
#telnet 127.0.0.1 873
You should check your server. If SELinux is running, you must disable it or you can let it run. But you have to change some variable. Use this command
#setsebool -P rsync_disable_trans 1
#service xinetd restart
Running the client:
On the remote machine:
# rsync -arv your-user-name@host-with-code-to-sync:/home/rsync/out ./
That's how to install rsync server on CentOS
Wednesday, April 10, 2013 |
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Tiffany Hopkins, 22, of Ludowici will compete for the title of Miss Georgia USA on Nov. 17-19 at the Woodland Performing Arts Theatre in Cartersville.
The Hinesville Rotary Club on Tuesday honored Joel Galarza as the soldier of the week.
The 2012 Relay for Life team captains recently had their first meeting at Button Gwinnett Elementary School, where event Chairwoman Tory Baker works. Other captains' meetings are scheduled for Jan. 10, Feb. 6, March 5 and April 10 at 5:30 p.m. at Button Gwinnett. The community kickoff will be Jan. 7, and a survivors' brunch is planned for April 14. This year's relay will be April 20-21 at the recreation center football field on Highway 84.
With just days remaining in the 2011-12 "Live United" fundraising campaign, the United Way had raised $168,462, or 93 percent of this year's goal of $181,000. The campaign ends Nov. 18.
Childhood Christmas memories seem to stick for a lifetime, and Hank Stacy wants to help more children have memories of something good.
Laughter could be heard on Hinesville's Court Street on Saturday as several hundred people gathered in the courtyard of First Presbyterian Christian Academy for food, fun and festivities at the school's fifth annual chili cook-off.
Children burned off energy in bounce houses, zoomed down slides and rode Western-style on horses at the sixth annual YMCA Fall Festival on Saturday. Families strolled through the vendor market, perusing the handmade jewelry, ceramics and holiday gifts. Others sampled funnel cakes and homemade Southern treats.
Magic and laughter took over Club Stewart's main ballroom Friday night as comedian David Beck and mind-reading magicians Jeff and Kimberly Bornstein performed for soldiers, retirees and family members during a special Family, Morale, Welfare and Recreation-sponsored event called Operation Magic.
In collaboration with the March of Dimes, the Chi Pi Zeta Chapter of Zeta Phi Beta Sorority Inc. will host its second annual 5K walk/run Nov. 12 to promote prematurity awareness.
American Legion Ladies Auxiliary Unit 168 President Anet Owens presents a check Oct. 5 to David Mihan, regional manager of the Pizza Hut in Hinesville, to donate to local food charities in Liberty County.
Davita Dialysis nurses Gene Wells and Debra Griffin talked to Goldenheirs at the group's October meeting. The nurses teach patients how to use their dialysis equipment at home.
If the boxes at local businesses are any indication, the holiday Tots for Toys drive officially is under way.
He entered the Air National Guard when it wasn't very popular to wear the uniform – especially at the height of the Vietnam War.
The United Way-Liberty Office, with support of FEMA funding, hosted its second mobile food pantry for Phase 29.
The Midway Museum is hosting its first pig and oyster roast fundraiser from 5-8 p.m. Saturday, Nov. 19, to benefit the museum.
"Nightcrawler" is nothing short of a revelation in filmmaking. It features a powerhouse performance by Jake Gyllenhaal and contains characters and an atmosphere that completely is in service to its story. I think if Michael Mann had made either "Broadcast News" or "Network," this is probably what it would look like.
RICHMOND HILL - The Rotary Club of Richmond Hill and Life Moves Dance Studio are launching an initiative to help military families in the region by providing free childcare for active military members during the afternoon and evening of Dec. 20.
Smiley Elementary School in Long County held its annual Trunk-or-Treat celebration last Friday, and the event drew more than 1,000 students.
Retired Army Lt. Gen. Glenn Webster, a former 3rd Infantry Division commander, recently donated $10,000 to Hinesville Mayor Jim Thomas, center, and George Holtzman, chairman of HMAC's Veterans Memorial Walk committee. Holtzman said he expects to receive several sizable donations in the coming weeks to help pay for the memorial to be built at Bryant Commons.
Liberty County band 3rd Class Citizens opened for the LACs at LACtober Fest last month at the Big Nasty ATV Park in Bloomingdale. The band, which now has a cellphone app available at www.reverbnation.com/3rdclasscitizens/app, also is in the running to open for Thomas Rhett and Dierks Bentley. Fans and supporters can find the Wainwright Family Foundation's page on Facebook and vote for 3rd Class Citizens to play at the concert. For more information, go to www.3rdclasscitizens.com or find the band on Facebook.


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November 28, 2014
Planning for a wedding can be one of the more tedious things a couple can do before they tie the knot.
But on Sunday, there was a lot food tasting and dress browsing as couples flocked to the Downtown Mall at the Omni Hotel.
Brides and grooms-to-be had the opportunity to meet several potential vendors all in the course of one day. Guests were also treated to a bridal fashion show displaying potential wedding dresses, tuxedos and even a look for the kids.
With same-sex marriage in Virginia soon to become legal on August 20th, it makes many wonder if it will change the flow of business, and according to a vendor from Carter Mountain Orchard, she says it won't change a thing.
"I think if you can go through life and find someone you love, it's better than going through life alone, so i have no problem with it," said Alison Hereford.
Other vendors said they believe their business and revenue will only increase when same sex marriage becomes legal this week.
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text:
Originally posted 10/23/2014 08:30PM
Gwyneth Paltrow and Chris Martin seem to have perfected the concept of consciously uncoupling and they continue to maintain their happily-ever-after exes relationship.
Originally posted 10/16/2014 11:15AM
Jennifer Lopez has been known to celebrate her birthday in epic fashion, but on Tuesday night it was all about her former backup singer, Pia Toscano.
Originally posted 10/02/2014 04:30PM
Quick, pass the smelling salts.
Originally posted 10/01/2014 04:15AM
For someone who's at work before sunrise, Michael Strahan sure knows how to party!
The Live with Kelly and Michael and Good Morning America co-host burned the midnight oil on Tuesday, jamming with friends at New York City's popular LAVO nightclub.
The party, celebrating Tribeca Films's premiere of NAS: Time Is Illmatic, a documentary on the life and career of the rapper Nas, got started around 9:30 p.m.
"Strahan arrived around 10 p.m. with a male friend and two ladies in tow," a partygoer tells PEOPLE.
Originally posted 09/28/2014 03:00PM
Katy Perry really is "Waking Up in Vegas."
Originally posted 09/10/2014 05:05PM
Jenny McCarthy is one gushing bride.
Originally posted 09/10/2014 04:30PM
It seems like the romance rumors are true!
Originally posted 09/07/2014 08:20AM
He already has an Oscar. Is he going for a Ph.D., too?
Originally posted 08/27/2014 05:35PM
As their nuptials near, Ashlee Simpson and Evan Ross had something else to celebrate this week: his 26th birthday.
Originally posted 08/19/2014 03:45PM
While Mary-Kate Olsen and fiancé Olivier Sarkozy have managed to keep much of their romance private, the pair stepped out in the Hamptons over the weekend and weren't too shy to share some PDA.
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Intel Experience at Best BuyPosted on November 10, 2014 | No CommentsEven the not so tech-savvy may have heard about the new 2-in-1 computers, 3D printing and augmented reality games, but have you had the chance to try-out this new cutting-edge […]
Coat Trends for Winter 2014Posted on November 10, 2014 | No CommentsI'm sure we have all noticed the weather starting to cool down out there. Winter is just around the corner. I like to picture it looming ominously, but the visual […]
Best Buy Holiday Shopping EventPosted on October 30, 2014 | No CommentsEvery year there always seems to be at least one big ticket item on my holiday shopping list for the family, and it's usually the latest TV, computer or game […]
Bloom Jewelry Denver, CO FeaturettePosted on September 15, 2014 | No CommentsI recently had the opportunity to speak to a local entrepreneur, Lindsay Bloom, at the headquarters of Bloom Jewelry. Being able to get into the heart of the operation was […]
Where to Shop in SoHo: Madonna & CoPosted on September 4, 2014 | No CommentsThe next time you're in New York City, you'll want to add Madonna & Co to your list of boutiques to shop. It's on mine! Fashionistas are raving about this […]


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Agency officials revamp disability, electronic claim system and call center
Is TSP a model for SSA
In two years, the first baby boomers will start to collect Social Security retirement benefits, and they will keep retiring in waves for the next 20 years. Is the Social Security Administration ready for them?
In some ways, it is. Systems are already in place to deal with the first boomers who will become eligible for early retirement in 2008. Agency officials have revamped systems to meet the growth in boomers' disability claims, which have steadily increased in the past five years.
But SSA also faces the Herculean job of making its $1 billion information technology budget stretch to accommodate the influx of retirees.
"We don't project any dynamic [budget] increases in the future," said Tom Hughes, SSA's chief information officer. Instead, he plans to rely on IT efficiency.
SSA's efforts include expanding the electronic disability system and creating an electronic claim application system. The agency is also upgrading its toll-free call center to add enhancements such as voice recognition, and it plans to offer more services via the Internet.
The call center already handles 50 million calls a year, and SSA delivers 50 million checks a month.
"That's a lot of checks," Hughes said. "This is a significant business we have here. Obviously, we'll ramp up for the future."
Mark Forman, former administrator for e-government and IT at the Office of Management and Budget, said SSA has worked to make sure it offers a citizen-centric system. "There is a whole culture there that not only is used to change, but they really have become experts at leveraging technology for customer service," said Forman, now a partner at KPMG's Federal Civilian Preferred Providers Services organization.
To deal with the surge in boomer disability claims, SSA launched new Web services, said Bill Gray, the agency's deputy commissioner for systems.
Until 2001, individuals' files were kept in thick folders containing their medical records from doctors and hospitals. Those materials were stored in caves in the Midwest. SSA now uses a massive electronic storage facility that handles 26 million documents, and it fully backs them up on a mainframe computer. SSA employees can access the data from anywhere.
"Over 85 percent of our examiners are using electronic folders to process claims," Gray said, adding that by this time next year, that figure will be more than 90 percent.
Furthermore, SSA officials are ensuring that their systems can process all claims electronically, including the use of electronic signatures. And they are modifying the agency's Web site to offer many services online. "In tight government budgets, it is not a real possibility to hire more people," Gray said.
Furthermore, he is confident that SSA's database can withstand cyberattacks. So far, no one has penetrated the system, not even people hired by SSA to break in.
"No one can get to our data," Gray said. "We are not being inundated by denial-of-service [attacks] or viruses. We test repeatedly. And if there is a vulnerability, we shut it down."
Michael Leff, a senior program manager at Lockheed Martin IT who oversees a contract to handle SSA's systems integration work, said the electronic disability and claims systems are quickly moving ahead.
"SSA has had to address capacity requirements and transactional requirements," Leff said. "They have really had to rethink and redefine their IT systems to better understand how they can automate and streamline their disability claims."
The real test will come when SSA reaches its maximum capacity for aging boomers.
In the past five years, the Social Security Administration has received steady increases in its information technology budget. But SSA officials say it is about to taper off, and they will have to make do with about $1 billion in IT funding as baby boomers retire and seek their monthly retirement checks.
Here is SSA's IT budget for the past five fiscal years.
2005: $1,069,859,000
2004: $868,018,000
2003: $730,202,000
2002: $750,490,000
2001: $691,355,000
Source: Social Security Administration
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Where the Office of the Attorney General issued a citation alleging that the petitioners who operated a daycare center failed to pay wages to eight people, no wages are owed to them, so the citation must be vacated. "The evidence ...Read More »
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Freedom of information – TWA Flight 800
Where the CIA denied a Freedom of Information request concerning a plane crash, the CIA's decision must be upheld based on two statutory exemptions. "Though clouded by an airline disaster and claims of a government cover-up, this case ultimately turns ...Read More »
Labor – Retaliation – Promotion
Where a fire chief reprimanded a firefighter and failed to promote him to permanent fire captain, the town committed retaliation in violation of G.L.c. 150E, §10(a)(3). "The most controversial event that occurred while [John] Kivlan was Union president was the ...Read More »
Real property – Eminent domain – Value
Where plaintiffs whose land was taken by eminent domain have challenged the damages awarded to them, a new trial must be ordered because certain evidentiary rulings prevented the plaintiffs from offering relevant evidence of value. "Here, at the time of ...
Tagged with: Eminent domainRead More »
Criminal – Constructive possession – Guns
Where a defendant was found driving a car with a trunk full of stolen property from a recent burglary crime spree, as well as two shotguns, there was sufficient evidence that he knowingly possessed the shotguns and that he knew ...
Tagged with: Constructive possessionRead More »
Real property – Condominium – Common area fees – Offset
Where a defendant condominium unit owner has challenged an order dismissing his appeal, the dismissal was proper based on the defendant's failure to prosecute. "… In January, 2011, the plaintiff, Trustees of Pine Hills Village Condominium Trust ('Pine Hills'), filed ...Read More »
Labor – Accretion – Medical biller/coder position
Where the position of staff assistant medical biller and coder/revenue cycle specialist (medical biller/coder) at Salem State University shares a greater community of interest with AFSCME's clerical and technical unit than the Association of Professional Administrators' bargaining unit, the position ...Read More »
Employment – Discrimination – Limitations
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The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate "Lawyers ...Read More »
Attorneys – Contempt – Document production
Where an attorney has been held in civil contempt for failing to produce documents requested by a murder defendant, the contempt adjudication must be vacated because the court order requiring production of the materials was erroneous under Rule 17 of ...
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Frans Would Love Town Return
Thursday, 23rd Feb 2012 09:26
Blues legend Frans Thijssen says he'd jump at the chance to rejoin the club as a youth coach if the opportunity ever arose. Thijssen is currently working at FC Twente back in his native Holland where he is the assistant to their U21s coach Patrick Kluivert, who he expects to have a big future in football management.
The 60-year-old former midfielder has managed the likes Vitesse, Malmo, De Graapschap and Fortuna Sittard since hanging up his boots in the early nineties, and has also spent time coaching in the Middle East.
Speaking in an interview with Dutch magazine Voetbal International, Thijssen says he'd definitely be up for a return to Portman Road if the offer ever came, but only working with youngsters: "If Ipswich Town would ask me and Patrick to get things back on track a bit, then I would immediately say yes.
"But not as a head coach, not any more. That chapter is behind me. Moreover, I am more interested in the technical side. And in that respect, where can you develop players better than when they're young?"
Meanwhile, former Blues Academy and reserves midfielder David Cawley has signed for Sligo Rovers back in his native Ireland having left the Blues last summer.
Get two free £10 bets on Charlton Athletic v Ipswich Town (or other matches) by opening a new account at William Hill. Place an initial bet of a minimum of £10 and William Hill will give you two £10 bets. You must enter the promotional code "F20" when signing up as a new customer.
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Infiniti FX50 / FX35 Prices Paid and Buying Experience
miller14 Posts: 9I just negotiated a deal over the phone for a 2005 FX35 RWD. It has the touring package, roof bars and splash guards. Here is the deal:
Selling Price: Believe it or not I am not sure (I was told it is under invoice)
Terms: 39 month, 15K miles/year
Nothing Down except first month's payment
Monthly payment: $454 a month (including tax)
My husband finalizes the deal tonight, so a response as to whether this is a good deal would be appreciated asap! Thanks in advance....
remove4river Posts: 1$35,400 for a RWD could be a good deal but remember with tax and license (about 10% in CA) it will be close to $40K. I guess it really depends what features you got on it. IF you got it with the navigation system then yes it would be a great deal but otherwise it is just an average deal. What was the sticker price on this particular model?
fxdude Posts: 4I just purchased a 2006 FX35. I basically got 3% off sticker on the unit (and I negotiated a little more on my trade-in). I first tried a dealer out of state when I was travelling on business, and they told me they were only selling at sticker when the 2006's were coming in in about a month. They were not intereested in negotiating a discount before the cars were to arrive. I needed to buy a car right away so I am happy with my lousy 3% off sticker. Maybe you guys will do better? I beleive that the end of March is the Infiniti fiscal year end so that may be a good time to buy.
wantanewone Posts: 2A dealer with vehicles in stock has offered me $500 off MSRP under the "Costco" buying program. Is that the best I'm going to find in the next month or so? I mean they've got $4100 of profit built into the MSRP, and that's not even counting the holdbacks and incentives! Ouch!
mattjp Posts: 1
I took the plunge on the price I mentioned above. I went to two dealerships and they were both offering $3200 below invoice on the 2005 models.
The invoice on my new 2005 FX35 AWD with tech, touring, splash guard, & cargo area protect was $40,512. They would not budge on their price of $37,352. I really wanted AWD, tech, and touring and this was the only dealership within a 50 mile radius that had it.
In CA there are very few AWDs left. So I had to take it at this price. Overall still a very good price.
I have read that Infiniti's fiscal year ends in March so if you can hold out that long you maybe able to get a better deal. Even if you hold out until later this month would be a slight difference.
Good luck.
Thanks for the help. What dealership did you buy from in California? Should I get the 18" or 20" wheels, I live in Cincinnati area and we get snow in the winter. Heard the 18's do better in the snow. Would they also take 3200 off invoice for one with just the touring package?
I was in contact with Thousand Oaks infiniti first when they gave me the price of $3200 off invoice. I then emailed other dealerships and told them what I was looking for and that Thousand Oaks was giving me $3200 off invoice. Costa Mesa emailed back and gave me $3200 off invoice. They emailed me the MSRP and their invoice, Costa Mesa was very straight forward with me and I had a pleasant experience with them. I would think that they would give $3200 off just touring as well. They need to get rid of their old stock. I also heard that 18's do better in the snow.
Hi all,
Here is another price point - Atlanta, GA area.
I purchased an '06 FX35: AWD, Tech, Sport, and touring packages the last weekend of Feb. MSRP was ~$48400, got a little over 4K off, plus 4K more for my trade-in than Lexus was offering (about $2500 over KBB). I am pleased with the deal - plus it was the exact car I wanted.
Just put a deposit on the following in the Philly area:
Tech w/ XM
Cargo Protector
Roof Crossbars
(Beryllium / Brick-Black)
$42,442 including destination.
with the fee to transfer the tags and the "documentation fee" it comes to $42,570.
West Chester Infiniti.
Negotiated via email & phone in one afternoon with one of the internet sales guys. I haven't been to the dealer in 2 months (test drove the 06 when it first came out, haven't been back since) and the sales guy that had been helping me before is no longer there.
Going in tomorrow just to pick up my credit card recipt from the deposit. Car should be in by 2nd week in April. If there are no surprises this was even easier than my last car purchase, and I thought that one had gone smoothly.
I will keep everyone posted in case there are any surprises at the end.
Sure. Dealer is Roswell Infiniti of North Georgia, Roswell, GA.
They do not have an internet department, but I had gotten quotes from other area Infiniti internet departments and knew what they had in stock (which Roswell was aware of). They others' quotes were not quite as good as these guys.
I was getting ready to hold off buying as I didn't seem to be able to get the deal I wanted, but the salesperson from Roswell called me that Saturday morning (last one of Feb) and told me that I could expect some good deals that day. He was right.
bert99991 Posts: 1Hello car_man & kyfdx and all.
I was at my local Infiniti dealer this past weekend and I got a quote on a 2006 FX35 RWD Touring and handsfree for 37300+tax and license. Is that a good deal? I've been checking around and invoice on Edmunds is $37,038. Thats approximately 300 bucks over invoice. Does that sound right? Or am I missing something Does anyone know if there is a low APR coming soon.
Please let me know


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Corona del Mar Condo Rental Photos and Description
2 bedroom downstairs unit. Walk to beach, shops, and more!
Located only a block from the Corona Del Mar State Beach, surrounded by multi-million dollar homes, this fabulous 2 bedroom, 1 bath condo is newly remodeled and beautiful with hardwood floors throughout. You'll love the spacious open floor plan of this unit. The bright and comfortable great room connects living room, dining area, and kitchen. The dining area seats 6 and is next to a full kitchen with granite counters and all new stainless steel appliances. The kitchen comes stocked with dishes, pots and pans, and other cooking essentials to make your stay as convenient as possible.
The living room is bright, comfortable, and modern. It has plenty of comfortable seating, as well as a queen size sofa bed to sleep 2 extra guests. The living room has an HD TV, perfect for movie nights or video games, and also connects through sliding doors to the outdoor patio.
On the patio you will find a comfortable outdoor sofa, a perfect place to catch some sun, enjoy reading a book outside, or enjoy a cup of coffee in the fresh air. An outdoor table for 4 is a great place for dining or playing family games. We provide an outdoor grill to make dining outdoors even more fun and convenient during your stay.
This home has 2 bedrooms, one with a king and one with a queen bed. Each bedroom has its own TV and ceiling fan for your comfort. The bathroom is beautifully redone in travertine and features a shower/tub combination. We provide linens, towels, and beach towels for your convenience.
This unit has ceiling fans and ocean breezes for cooling. This unit does not have air-conditioning.
This property is located in Newport's Corona Del Mar beach district, just a quick walk to the Corona Del Mar State Beach. The village has the California beach town feel and is just a block away. Dinner out, coffee in the morning or a trip to the market within walking distance. This is the perfect place to relax and enjoy Newport without being caught up in the crowd.
Crystal Cove one of California's most pristine beaches is 5 minutes South, just before the famous Laguna Beach, well known for its art galleries, stylish boutiques and restaurants. For those who enjoy shopping, Newport's Fashion Island is 5 minutes North and also features a selection of restaurants and movie theaters. Of course there's always Newport Harbor and Pier to visit as well an Balboa Island.
- Suitability:
- Long-term Renters Welcome
- Minimum Age Limit for Renters
- children welcome
- non smoking only
- pets not allowed
- wheelchair inaccessible
About Owner / Property Manager
Beachside Vacation Rentals in South Orange County is dedicated to an incredible guest experience, we look forward to helping you book your vacation getaway. Call today to rent this wonderful home.
Why Owner / Property Manager chose Corona del Mar
Having managed 3 other units in this building, we've noticed something... people love staying here! The location is just great, one block from the beach and a short walk to so many great restaurants and cafes. This condo is convenient, comfortable, and a great place to stay!
What makes this condo unique
We love all of our Corona Del Mar properties. Simple, clean and charming, in a great area where you can stroll along the sunny streets and look at the other beach houses.
Not only is this property one block from Corona Del Mar state beach, but it is also close to Newport Beach and other great California beach towns. You can enjoy the local charm of Corona Del Mar, and also adventure out to other great beaches and attractions!


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The Canadian Press - ONLINE EDITION
Zardes, Keane score as Galaxy dominates Chivas USA 3-0
CARSON, Calif. - Gyasi Zardes scored twice to lead the L.A. Galaxy to a 3-0 over Chivas USA in Major League Soccer on Sunday.
At Washington, D.C. United extended its lead to four points over second-place Sporting Kansas City in the Eastern Conference with a 2-0 win over the New York Red Bulls.
Landon Donovan made a run through midfield in the 41st minute and found Zardes on the left wing, who fired a shot from the top corner of the box past Chivas USA goalkeeper Dan Kennedy for the lead.
Robbie Keane beat Jhon Kennedy Hurtado at the top of the box and lobbed the ball over Kennedy, who was caught in no-man's land, for a 2-0 lead at the 68th minute and Zardes made it 3-0 in the 71st after a set of deft passes and misdirection between Donovan and Keane.
The Galaxy are two points off the lead in the Western Conference behind Seattle.
Luis Silva's goal in the 57th minute proved the difference and Eddie Johnson sealed the win in stoppage time for D.C. United's victory over New York.
United 'keeper Bill Hamid sent a long ball across midfield and Fabian Espindola flicked a header forward to Silva. Silva then beat Red Bulls goalkeeper Luis Robles to the ball and punched it forward to set up an open-net finish.
Johnson looped the ball over Robles in the first minute of added time after he got behind the defence on a ball sent in from near midfield from Perry Kitchen.
New York remains two points behind in the race for the final Eastern Conference playoff spot.
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Cruzeiro moves closer to clinching Brazilian league title with 2-1 win over Gremio8:25 PM 0
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Phillip is excited when the Germans invade the small island of Curacao. War has always been a game to him, and he's eager to glimpse it firsthand--until the freighter he and his mother are traveling to the United States on is torpedoed. When Phillip comes to, he is on a small raft in the middle of the sea. Besides Stew Cat, his only companion is an old West Indian, Timothy. Phillip remembers his mother's warning about black people: "They are different, and they live differently." But by the time the castaways arrive on a small island, Phillip's head injury has made him blind and dependent on Timothy.
Also available on audio. Timothy of the Cay is the sequel.
In An Artist of the Floating World, Kazuo Ishiguro gracefully explores the experiences and memories of a disgraced artist living in post-war Japan. The novel is seductive and haunting, but I was also impressed by its substance and depth.
Mansuji Ono, the novel's protagonist, was once a great artist whose paintings commanded respect throughout Japan. Following the end of World War II, however, Ono experiences a surreal displacement. From Ono's perspective, the former order he was a part of has not only been abandoned, it has been rejected and renounced as the epitome of disaster. Instead of enjoying the power and prestige that accompanied his former reputation, Ono finds himself adrift, an aging man who wanders through a crumbling house, where all traces of his past life have been "tidied away."
Rupert Holmes' Swing has more than a touch of noir—and its own soundtrack. Set in San Francisco in 1940, vagabond jazz musician Ray Sherwood has been made a very interesting proposition. A beautiful, young Berkley music student wants him in a most peculiar way. She's won an international contest for composers, and her piece needs to premiere at the Golden Gate Exposition in just a few weeks. What she needs from Ray are his talents to orchestrate her music for many instruments. Ray is enchanted by Gail's breezy joie de vivre and her snappy patter even as his own troubled past makes him hesitate. But the tenor veers from sweet romance to dangerous liaison when a lovely woman plunges to her death mere feet from the happy couple, changing this composition's theme from serenade to police siren.
One sign of a good book is that you come to the last page and want to start all over again. Connie Willis's Blackout and All Clear – which should really be read straight through as one – made me wish for leisurely hours in a hammock, where I could go back and savor every plot twist, every character and every word.
Hungry for a pennant, young Veeck jettisons the team's white players and secretly recruits the legendary stars of the Negro Leagues, fielding a club that will go down in baseball annals as one of the greatest ever to play the game. Here are the behind-the-scenes adventures that bring this dream to reality, and a cast of characters only history's pen could create: the players themselves-the tragic Josh Gibson, the remarkable but self-centered Satchel Paige, the Cuban wonder Martin Dihigo, the veteran stalwarts Cool Papa Bell, Willie Wells, and Buck Leonard, and the rising stars Roy Campanella, Artie Wilson, and Dave Barnhill--plus Walter Winchell, Kenesaw Mountain Landis, and J. Edgar Hoover!
A talented athlete, Johnny Wrigley firmly believes that someday he will play major league baseball. But on the way to his dreams, Johnny life takes a detour when as a newly-minted Marine, he finds love on a brief stop in Wichita.
The novelist Maurice Bendrix's love affair with his friend's wife, Sarah, had begun in London during the Blitz. One day, inexplicably and without warning, Sarah had broken off the relationship. It seemed impossible that there could be a rival for her heart. Yet two years later, driven by obsessive jealousy and grief, Bendrix sends Parkis, a private detective, to follow Sarah and find out the truth.
"A family without men, the Birches live gloriously offbeat lives in the lush, green backwoods of North Carolina. Radiant, headstrong Sophia and her shy, brilliant daughter, Margaret, possess powerful charms to ward off loneliness, despair, and the human misery that often beats a path to their door. And they are protected by the eccentric wisdom and muscular love of the remarkable matriarch Charlie Kate, a solid, uncompromising, self-taught healer who treats everything from boils to broken bones to broken hearts.
"Sophia, Margaret, and Charlie Kate find strength in a time when women almost always depended on men, and their bond deepens as each one experiences love and loss during World War II."
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