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Title 45: Public Welfare
§13.1 Purpose of these rules.
§13.2 When these rules apply.
§13.3 Proceedings covered.
§13.4 Eligibility of applicants.
§13.5 Standards for awards.
§13.6 Allowable fees and expenses.
§13.7 Studies, exhibits, analyses, engineering reports, tests and projects.
Subpart B—Information Required from Applicants§13.10 Contents of application.
§13.11 Net worth exhibits.
§13.12 Documentation of fees and expenses.
Subpart C—Procedures for Considering Applications§13.21 Filing and service of pleadings.
§13.22 When an application may be filed.
§13.23 Responsive pleadings.
§13.24 Settlements.
§13.25 Further proceedings.
§13.26 Decisions.
§13.27 Agency review.
§13.28 Judicial review.
§13.29 Payment of award.
§13.30 Designation of adjudicative officer.
Appendix A to Part 13
Authority: 5 U.S.C. 504(c)(1).
Source: 48 FR 45252, Oct. 4, 1983, unless otherwise noted.
Subpart A—General Provisions
§13.1 Purpose of these rules.
These rules implement section 203 of the Equal Access to Justice Act, 5 U.S.C. 504 and 504 note, for the Department of Health and Human Services. They describe the circumstances under which the Department may award attorney fees and certain other expenses to eligible individuals and entities who prevail over the Department in certain administrative proceedings (called "adversary adjudications"). The Department may reimburse parties for expenses incurred in adversary adjudications if the party prevails in the proceeding and if the Department's position in the proceeding was not substantially justified or if the action is one to enforce compliance with a statutory or regulatory requirement and the Department's demand is substantially in excess of the ultimate decision and is unreasonable when compared with that decision. They also describe what proceedings constitute adversary adjudications covered by the Act, what types of persons and entities may be eligible for an award, and what procedures and standards the Department will use to make a determination as to whether a party may receive an award.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2845, Jan. 21, 2004]
§13.2 When these rules apply.
These rules apply to adversary adjudications before the Department.
[69 FR 2845, Jan. 21, 2004]
§13.3 Proceedings covered.
(a) These rules apply only to adversary adjudications. For the purpose of these rules, only an adjudication required to be under 5 U.S.C. 554, in which the position of the Department or one of its components is represented by an attorney or other representative ("the agency's litigating party") who enters an appearance and participates in the proceeding, constitutes an adversary adjudication. These rules do not apply to proceedings for the purpose of establishing or fixing a rate or for the purpose of granting, denying, or renewing a license.
(b) If the agency's litigating party enters an appearance, Department proceedings listed in appendix A to this part are covered by these rules. Also covered are any other proceedings under statutes that incorporate by reference the procedures of sections 1128(f), 1128A(c)(2), or 1842(j)(2) of the Social Security Act, 42 U.S.C. 1320a-7(f), 1320a-7a(c)(2), or 1395u(j)(2). If a proceeding is not covered under either of the two previous sentences, a party may file a fee application as otherwise required by this part and may argue that the Act covers the proceeding. Any coverage issue shall be determined by the adjudicative officer and, if necessary, by the appellate authority on review.
(c) If a proceeding is covered by these rules, but also involves issues excluded under paragraph (a) of this section from the coverage of these rules, reimbursement is available only for fees and expenses resulting from covered issues.
[45 FR 45252, Oct. 4, 1983, as amended at 69 FR 2845, Jan. 21, 2004]
§13.4 Eligibility of applicants.
(a) To be eligible for an award of attorney fees and other expenses under these regulations, the applicant must be a party, as defined in 5 U.S.C. 551(3), to the adversary adjudication for which it seeks an award. An applicant must show that it meets all conditions of eligibility set out in this subpart and in Subpart B.
(b) The categories of eligible applicants are as follows:
(1) Charitable or other tax-exempt organizations described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees;
(2) Cooperative associations as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 employees;
(3) Individuals with a net worth of not more than $2 million;
(4) Sole owners of unincorporated businesses if the owner has a net worth of not more than $7 million, including both personal and business interests, and if the business has not more than 500 employees;
(5) All other partnerships, corporations, associations, local governmental units, and public and private organizations with a net worth of not more than $7 million and with not more than 500 employees; and
(6) Where an award is sought on the basis stated in §13.5(c) of this part, small entities as defined in 5 U.S.C. 601.
(c) For the purpose of determining eligibility, the net worth and number of employees of an applicant is calculated as of the date the proceeding was initiated. The net worth of an applicant is determined by generally accepted accounting principles.
(d) Whether an applicant who owns an unincorporated business will be considered as an "individual" or a "sole owner of an unincorporated business" will be determined by whether the applicant's participation in the proceeding is related primarily to individual interests or to business interests.
(e) The employees of an applicant include all those persons regularly providing services for remuneration for the applicant, under the applicant's direction and control. Part-time employees shall be included on a proportional basis.
(f) The net worth and number of employees of the applicant and all of its affiliates shall be aggregated to determine eligibility. Any individual, corporation or other entity that directly or indirectly controls or owns a majority of the voting shares or other interest of the applicant, or any corporation or other entity of which the applicant directly or indirectly owns or controls a majority of the voting shares or other interest, will be considered an affiliate for purposes of this part, unless the adjudicative officer determines that such treatment would be unjust and contrary to the purposes of the Act in light of the actual relationship between the affiliated entities. In addition, the adjudicative officer may determine that financial relationships of the applicant other than those described in this paragraph constitute special circumstances that would make an award unjust.
(g) An applicant is not eligible if it appears from the facts and circumstances that it has participated in the proceedings only or primarily on behalf of other persons or entities that are ineligible.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]
§13.5 Standards for awards.
(a) An award of fees and expenses may be made either on the basis that the Department's position in the proceeding was not substantially justified or on the basis that, in a proceeding to enforce compliance with a statutory or regulatory requirement, the Department's demand substantially exceeded the ultimate decision and was unreasonable when compared with that decision. These two bases are explained in greater detail in paragraphs (b) and (c) of this section.
(b) Awards where the Department's position was not substantially justified. (1) Awards will be made on this basis only where the Department's position in the proceeding was not substantially justified. The Department's position includes, in addition to the position taken by the agency in the proceeding, the agency action or failure to act that was the basis for the proceeding. Whether the Department's position was substantially justified is to be determined on the basis of the administrative record as a whole. The fact that a party has prevailed in a proceeding does not create a presumption that the Department's position was not substantially justified. The burden of proof as to substantial justification is on the agency's litigating party, which may avoid an award by showing that its position was reasonable in law and fact.
(2) When two or more matters are joined together for one hearing, each of which could have been heard separately (without regard to laws or rules fixing a jurisdictional minimum amount for claims), and an applicant has prevailed with respect to one or several of the matters, an eligible applicant may receive an award for expenses associated only with the matters on which it prevailed if the Department's position on those matters was not substantially justified.
(3) Awards for fees and expenses incurred before the date on which a proceeding was initiated will be made only if the applicant can demonstrate that they were reasonably incurred in preparation for the proceeding.
(4) Awards will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if other special circumstances make an award unjust.
(c) Awards where the Department's demand was substantially excessive and unreasonable. (1) Awards will be made on this basis only where the adversary adjudication arises from the Department's action to enforce a party's compliance with a statutory or regulatory requirement. An award may be made on this basis only if the Department's demand that led to the proceeding was substantially in excess of the ultimate decision in the proceeding, and that demand is unreasonable when compared with that decision, given all the facts and circumstances of the case.
(2) Any award made on this basis shall be limited to the fees and expenses that are primarily related to defending against the excessive nature of the demand. An award shall not include fees and expenses that are primarily related to defending against the merits of charges, or fees and expenses that are primarily related to defending against the portion of the demand that was not excessive, to the extent that these fees and expenses are distinguishable from the fees and expenses primarily related to defending against the excessive nature of the demand.
(3) Awards will be denied if the party has committed a willful violation of law or otherwise acted in bad faith, or if special circumstances make an award unjust.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]
§13.6 Allowable fees and expenses.
(a) Awards will be limited to the rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses. If a party has already received, or is eligible to receive, reimbursement for any expenses under another statutory provision or another program allowing reimbursement, its award under these rules must be reduced by the amount the prevailing party has already received, or is eligible to receive, from the Federal government.
(b) An award for the fees of an attorney or agent may not exceed $125.00 per hour, regardless of the actual rate charged by the attorney or agent. An award for the fees of an expert witness may not exceed the highest rate at which the Department pays expert witnesses, which is $24.09 per hour, regardless of the actual rates charged by the witness. These limits apply only to fees; an award may include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent or witness ordinarily charges separately for such expenses.
(c) In determining the reasonableness of the fees sought for attorneys, agents or expert witnesses, the adjudicative officer must consider factors bearing on the request, which include, but are not limited to:
(1) If the attorney, agent or witness is in private practice, his or her customary fee for like services; if the attorney, agent or witness is an employee of the applicant, the fully allocated cost of service;
(2) The prevailing rate for similar services in the community in which the attorney, agent or witness ordinarily performs services;
(3) The time actually spent in the representation of the applicant;
(4) The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and
(5) Such other factors as may bear on the value of the services provided.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]
§13.7 Studies, exhibits, analyses, engineering reports, tests and projects.
The reasonable cost (or the reasonable portion of the cost) for any study, exhibit, analysis, engineering report, test, project or similar matter prepared on behalf of a party may be awarded to the extent that:
(a) The charge for the service does not exceed the prevailing rate payable for similar services,
(b) The study or other matter was necessary to the preparation for the administrative proceeding, and
(c) The study or other matter was prepared for use in connection with the administrative proceeding. No award will be made for a study or other matter which was necessary to satisfy statutory or regulatory requirements, or which would ordinarily be conducted as part of the party's business irrespective of the administrative proceeding.
Subpart B—Information Required from Applicants
§13.10 Contents of application.
(a) Applications for an award of fees and expenses must include:
(1) The name of the applicant and the identification of the proceeding;
(2) Where an award is sought on the basis stated in §13.5(b) of this part, a declaration that the applicant believes it has prevailed, and an identification of the position of the Department that the applicant alleges was not substantially justified. Where an award is sought on the basis stated in §13.5(c) of this part, an identification of the statutory or regulatory requirement that the applicant alleges the Department was seeking to enforce, and an identification of the Department's demand and of the document or documents containing that demand;
(3) Unless the applicant is an individual, a statement of the number of its employees on the date on which the proceeding was initiated, and a brief description of the type and purpose of its organization or business. However, where an award is sought solely on the basis stated in §13.5(c) of this part, the applicant need not state the number of its employees;
(4) A description of any affiliated individuals or entities, as the term "affiliate" is defined in §13.4(f), or a statement that none exist;
(5) A statement that the applicant's net worth as of the date on which the proceeding was initiated did not exceed the appropriate limits as stated in §13.4(b) of this part. However, an applicant may omit this statement if:
(i) It attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualified under such section;
(ii) It states that it is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)); or
(iii) It states that it is applying for an award solely on the basis stated in §13.5(c) of this part, and that it is a small entity as defined in 5 U.S.C. 601, and it describes the basis for its belief that it qualifies as a small entity under that section.
(6) A statement of the amount of fees and expenses for which an award is sought;
(7) A declaration that the applicant has not received, has not applied for, and does not intend to apply for reimbursement of the cost of items listed in the Statement of Fees and Expenses under any other program or statute; or if the applicant has received or applied for or will receive or apply for reimbursement of those expenses under another program or statute, a statement of the amount of reimbursement received or applied for or intended to be applied for; and
(8) Any other matters the applicant wishes the Department to consider in determining whether and in what amount an award should be made.
(b) All applications must be signed by the applicant or by an authorized officer or attorney of the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct.
(Approved by the Office of Management and Budget under control number 0990-0118)
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]
§13.11 Net worth exhibits.
(a) Each applicant must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates (as defined in §13.4(f) of this part) when the proceeding was initiated. This requirement does not apply to a qualified tax-exempt organization or cooperative association. Nor does it apply to a party that states that it is applying for an award solely on the basis stated in §13.5(c) of this part. If any individual, corporation, or other entity directly or indirectly controls or owns a majority of the voting shares or other interest of the applicant, or if the applicant directly or indirectly owns or controls a majority of the voting shares or other interest of any corporation or other entity, the exhibit must include a showing of the net worth of all such affiliates or of the applicant including the affiliates. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's and its affiliates' assets and liabilities and is sufficient to determine whether the applicant qualifies under the standards in this part. The adjudicative officer may require an applicant to file additional information to determine its eligibility for an award.
(b) The net worth exhibit shall describe any transfers of assets from, or obligations incurred by, the applicant or any affiliate, occurring in the one year period prior to the date on which the proceeding was initiated, that reduced the net worth of the applicant and its affiliates below the applicable net worth ceiling. If there were no such transactions, the applicant shall so state.
(c) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may submit that portion of the exhibit directly to the adjudicative officer in a sealed envelope labeled "Confidential Financial Information," accompanied by a motion to withhold the information from public disclosure. The motion shall describe the information sought to be withheld and explain, in detail, why it falls within one or more of the specific exemptions from mandatory disclosure under the Freedom of Information Act, 5 U.S.C. 552(b)(1)-(9), why public disclosure of the information would adversely affect the applicant, and why disclosure is not required in the public interest. The material in question shall be served on counsel representing the agency against which the applicant seeks an award, but need not be served on any other party to the proceeding. If the adjudicative officer finds that the information should not be withheld from disclosure, it shall be placed in the public record of the proceeding. Otherwise, the officer will omit the material from the public record. In that case, any decision regarding disclosure of the material (whether in response to a request from an agency or person outside the Department or on the Department's own initiative) will be made in accordance with applicable statutes and Department rules and procedures for commercial and financial records which the submitter claims are confidential or privileged. In particular, this regulation is not a basis for a promise or obligation of confidentiality.
(Approved by the Office of Management and Budget under control number 0990-0118)
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]
§13.12 Documentation of fees and expenses.
(a) All applicants must be accompanied by full documentation of the fees and expenses, including the cost of any study, exhibit, analysis, report, test or other similar item, for which the applicant seeks reimbursement.
(b) The documentation shall include an affidavit from each attorney, agent, or expert witness representing or appearing in behalf of the party, stating the actual time expended, the rate at which fees and other expenses were computed, a description of the specific services performed, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity for the services provided. Where the adversary adjudication includes covered proceedings (as described in §13.3) as well as excluded proceedings, or two or more matters, each of which could have been heard separately, the fees and expenses shall be shown separately for each proceeding or matter, and the basis for allocating expenses among the proceedings or matters shall be indicated.
(1) The affidavit shall itemize in detail the services performed by the date, number of hours per date and the services performed during those hours. In order to establish the hourly rate, the affidavit shall state the hourly rate which is billed and paid by the majority of clients during the relevant time periods.
(2) If no hourly rate is paid by the majority of clients because, for instance, the attorney or agent represents most clients on a contingency basis, the attorney or agent shall provide affidavits from two attorneys or agents with similar experience, who perform similar work, stating the hourly rate which they bill and are paid by the majority of their clients during a comparable time period.
(c) If the applicant seeks reimbursement of any expenses not covered by the affidavit described in paragraph (b), the documentation must also include an affidavit describing all such expenses and stating the amounts paid or payable by the applicant or by any other person or entity for the services provided.
(d) The adjudicative officer may require the applicant to provide vouchers, receipts, or other substantiation for any fees or expenses claimed, pursuant to §13.25 of this part.
(Approved by the Office of Management and Budget under control number 0990-0118)
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]
Subpart C—Procedures for Considering Applications
§13.21 Filing and service of pleadings.
All pleadings, including applications for an award of fees, answers, comments, and other pleadings related to the applications, shall be filed in the same manner as other pleadings in the proceeding and served on all other parties and participants, except as provided in §13.11(b) of this part concerning confidential financial information.
§13.22 When an application may be filed.
(a) The applicant must file and serve its application no later than 30 calendar days after the Department's final disposition of the proceeding which makes the applicant a prevailing party.
(b) For purposes of this rule, final disposition means the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the agency and to the courts.
(c) For purposes of this rule, an applicant has prevailed when the agency has made a final disposition favorable to the applicant with respect to any matter which could have been heard as a separate proceeding, regardless of whether it was joined with other matters for hearing.
(d) If review or reconsideration is sought or taken, whether within the agency or to the courts, of a decision as to which an applicant believes it has prevailed, proceedings on the application shall be stayed pending final disposition of the underlying controversy.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]
§13.23 Responsive pleadings.
(a) The agency's litigating party shall file an answer within 30 calendar days after service of the application or, where the proceeding is stayed as provided in §13.22(d) of this part, within 30 calendar days after the final disposition of the underlying controversy. The answer shall either consent to the award or explain in detail any objections to the award requested and identify the facts relied on in support of the agency's position. The adjudicative officer may for good cause grant an extension of time for filing an answer.
(b) Within 15 calendar days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for further proceedings under §13.25.
(c) Any party to or participant in a proceeding may file comments on an application within 30 calendar days, or on an answer within 15 calendar days after service of the application or answer.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]
§13.24 Settlements.
The applicant and the agency's litigating party may agree on a proposed settlement of the award at any time prior to final action on the application. If the parties agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement. All settlements must be approved by the adjudicative officer and the head of the agency or office or his or her designee before becoming final.
§13.25 Further proceedings.
(a) Ordinarily, a decision on an application will be made on the basis of the hearing record and pleadings related to the application. However, at the request of either the applicant or the agency's litigating party, or on his or her own initiative, the adjudicative officer may order further proceedings, including an informal conference, oral argument, additional written submissions, or an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application, and shall be conducted as promptly as possible. In no such further proceeding shall evidence be introduced from outside the administrative record in order to prove that the Department's position was, or was not, substantially justified.
(b) A request that the adjudicative officer order additional written submissions or oral testimony shall identify the information sought and shall explain why the information is necessary to decide the issues.
(c) The adjudicative officer may impose sanctions on any party for failure to comply with his or her order to file pleadings, produce documents, or present witnesses for oral examination. These sanctions may include but are not limited to granting the application partly or completely, dismissing the application, and diminishing the award granted.
[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]
§13.26 Decisions.
The adjudicative officer shall issue an initial decision on the application as promptly as possible after the filing of the last document or conclusion of the hearing. The decision must include written findings and conclusions on the applicant's eligibility and status as a prevailing party, including a finding on the net worth of the applicant. Where the adjudicative officer has determined under §13.11(b) that the applicant's net worth information is exempted from disclosure under the Freedom of Information Act, the finding on net worth shall be kept confidential. The decision shall also include, if at issue, findings on whether the agency's position was substantially justified, whether the applicant unduly protracted the proceedings, an explanation of any difference between the amount requested and the amount awarded, and whether any special circumstances make the award unjust.
§13.27 Agency review.
(a) The appellate authority for any proceedings shall be the official or component that would have jurisdiction over an appeal of the merits.
(b) If either the applicant or the agency's litigating party seeks review of the adjudicative officer's decision on the fee application, it shall file and serve exceptions within 30 days after issuance of the initial decision. Within another 30 days after receipt of such exceptions, the opposing party, if it has not done so previously, may file its own exceptions to the adjudicative officer's decision. The appellate authority shall issue a final decision on the application as soon as possible or remand the application to the adjudicative officer for further proceedings. Any party that does not file and serve exceptions within the stated time limit loses the opportunity to do so.
[69 FR 2847, Jan. 21, 2004]
§13.28 Judicial review.
Judicial review of final agency decisions on awards may be obtained as provided in 5 U.S.C. 504(c)(2).
§13.29 Payment of award.
The notification to an applicant of a final decision that an award will be made shall contain the name and address of the appropriate Departmental finance office that will pay the award. An applicant seeking payment of an award shall submit to that finance officer a copy of the final decision granting the award, accompanied by a statement that the applicant will not seek review of the decision in the United States courts. The Department will pay the amount awarded to the applicant within 60 days, unless judicial review of the award or of the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceedings.
§13.30 Designation of adjudicative officer.
Upon the filing of an application pursuant to §13.11(a), the officer who presided over the taking of evidence in the proceeding which gave rise to the application will, if available, be automatically designated as the adjudicative officer for the handling of the application.
Appendix A to Part 13
[69 FR 2847, Jan. 21, 2004]


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subset: commoncrawl


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"No man is an island entirely of itself"
Young JB. "No man is an island entirely of itself". Methodist DeBakey Cardiovasc J. 2018;14(4):308.
Pick up any edition of Earnest Hemingway's masterpiece For Whom the Bell Tolls, first copyrighted in 1940, and you will see on a front piece the John Donne work from which his title came:
No man is an iland, intire of it selfe; everyman
Is a peece of the Continent, a part of the maine; if a
Clod bee washed away by the Sea, Europe is the lesse,
as well as if a Promontorie were, as well as if a Mannor
of thy friends or of thine owne were; any mans death
diminishes me, because I am involved in Mankinde; And
therefore never send to know for whom the bell tolls;
It tolls for thee.
The "poem" is, more accurately, several lines from a prose work titled Devotions Upon Emergent Occasions and severall steps in my Sickness written in 1624 for Prince Charles, the son of King James the First. Donne was the Dean of St. Paul's and had been very ill with "spotted fever." Fearing death as he heard church bells tolling on the occasion of others' deaths, Donne penned his meditations. Hemingway used the "for whom the bell tolls" line to entitle, and set the stage, for a major philosophical work that has become one of his most famous. The story line, as noted on the jacket of the used 1993 Book-of-the-Month club edition I bought some years ago as a re-read, was about "…love, death, honor, and betrayal." And so it was. But recently I used the short poetic lines in a different manner. Yes, the poem is deeply steeped in our mortality and that of the patients we care for, but there is a much less sobering message here as well. The words serve to provoke us into contemplating our daily lives as healthcare providers, as part of that experience.
The wide audience of healthcare providers has morphed from a gladiatorial mano-a-mano sport into a complex intertwining of teams-of-teams. Certainly there have always been teams of one sort or another. But no longer is the patriarchal, dominating, hubristic pyramid that once was the practice of medicine the best model. And so it is that no man is an island unto itself. Everyone is a piece of the healthcare continent and a part of the "main." There is a new model of healthcare provision that requires embracing teams. And that is why I remember Houston Methodist (AKA "THE Methodist Hospital") as so accomplished—it has always taken a team approach. Yes, we should ponder "for whom the bell tolls." But let us also appreciate that "no man is an island entirely of itself."
James B. Young, M.D.
Chief Academic Officer, Cleveland Clinic
Professor of Medicine & Vice-Dean for Cleveland Clinic Academic Affairs
Cleveland Clinic Lerner College of Medicine of Case Western Reserve University
Section Editor, Poet's Pen, Methodist DeBakey Cardiovascular Journal


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On the last analysis, then, love is life. Love never faileth and life never faileth so long as there is love.Henry Drummond
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WASHINGTON (AP) -- After weeks of arguing constitutional fine points and citing rival statistics, senators wrangling over gun control saw and heard the anguish of a bereft father.
Neil Heslin, whose 6-year-old son, Jesse, was among those cut down at a Connecticut elementary school in December, asked the Senate Judiciary Committee on Wednesday to ban assault weapons like the one that killed his child.
"I'm not here for the sympathy or the pat on the back," Heslin, a 50-year-old construction worker, told the senators, weeping openly during much of his hushed 11-minute testimony. "I'm here to speak up for my son."
At his side were photos: of his son as a baby, of them both taken on Father's Day, six months before Jesse was among 20 first-graders and six administrators killed at Sandy Hook Elementary School in Newtown, Conn. That massacre has hoisted gun control to a primary political issue this year, though the outcome remains uncertain.
The hearing's focus was legislation by Sen. Dianne Feinstein, D-Calif., to ban assault weapons and ammunition magazines carrying more than 10 rounds. A Bushmaster assault weapon was used at Newtown by the attacker, Adam Lanza, who was found with 30-round magazines.
Feinstein said such a firearm "tears peoples' bodies apart. I don't know why as a matter of public policy we can't say they don't belong.'"
Republicans had several answers. They argued her proposal would violate the Second Amendment's right to bear arms and take firearms from law-abiding citizens, and said current laws aimed at keeping guns from criminals are not fully enforced.
"The best way to prevent crazy people" from getting firearms is to better enforce the existing federal background check system, said Sen. Lindsey Graham, R-S.C.
That system is designed to prevent criminals, people with mental problems and others from obtaining guns. It only applies to weapons sold by federally licensed dealers, and expanding that system to nearly all gun transactions is the central proposal in President Barack Obama's package of gun restrictions he unveiled last month, along with bans on assault weapons and large-capacity magazines.
As if to underscore the hurdles Obama's plan faces on Capitol Hill, House Judiciary Committee Chairman Bob Goodlatte, R-Va., told reporters Wednesday that he opposed universal background checks like the president wants and predicted it would not be part of his chamber's gun legislation. He wants the current federal background check system strengthened, improving how states provide it with mental health information about citizens and cracking down on illegal gun trafficking.
At the same time, election results from Tuesday highlighted gun control's potency as a political issue. Illinois state Rep. Robin Kelly won a House primary in the state after a political committee favoring firearms curbs financed by New York City Mayor Michael Bloomberg, Independence USA, spent more than $2 million on ads for her. Kelly's opponent had opposed an assault weapons ban.
The Senate Judiciary panel could begin writing gun legislation today, but that seems all but certain to slip to next week.
At the Senate hearing, spectators dabbed tears from their cheeks as Heslin described his last morning with his son, including getting a final hug as he dropped him off at school. The hearing room was packed with relatives and neighbors of victims of Newtown, as well as people affected by other shootings at Aurora, Colo., and Virginia Tech.
"It's all going to be OK," Heslin said his son told him. "And it wasn't OK."
Dr. William Begg, an emergency room doctor who treated some Newtown casualties, described assault weapon wounds. Begg noted that the coroner's report said each child had three to 11 bullet wounds.


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Six months ago, I rarely turned on the computer that sat behind my desk. I didn't specifically avoid it, but there wasn't any real need to get involved. Then, one Sunday in September, I realized that I had spent more than two hours straight "surfing the Net" on my newly installed home computer. Now, when I have business meetings in my office, I can't help but turn to the computer and show my visitors the latest developments on the company's Web pages.
That's a backdoor way of announcing something that I consider one of the most exciting things we've done since Cigar Aficionado was launched--the debut of our Web pages. By the time you read this, the Cigar Aficionado site will have been live for more than a month. If you haven't already found it, you should go there. If you have already visited, then you know it's not just an ordinary Web site. We have devoted an extraordinary amount of time and thought to making our site not only attractive but useful to every lover of cigars.
Just to give you an idea of how important the Web site will become for cigar smokers, I can compare the performance of our Wine Spectator Web site, which we launched in early October. For the first few months, we averaged more than 200,000 visitors a month, and our cumulative "hits" exceeded 10 million. The heart and soul of the Wine Spectator site (http://www.winespectator.com) is the wine database, which includes access to more than 55,000 wines, and a search engine that allows visitors to find exactly the wine they want by country, by grape variety, by price or by score, plus several other variables as well. The Web site also lists great restaurants around the world. There are also archives of past issues, live chat sessions with stars of the wine industry and editors of Wine Spectator, and much more.
I hope Cigar Aficionado's Web site will be even more popular. Of course, you will be able to search the cigar database, which includes every cigar we have tasted since the magazine's inauguration in 1992. You can set up a personal shopping list complete with ratings, descriptions and tasting notes. There are sections that list cigar shops and cigar friendly restaurants, so as you travel around the world, you'll find the best places to buy and smoke cigars. Trying to remember what Demi Moore said about smoking cigars (or what India Allen looks like), or the predictions Edgar Cullman Jr. made about cigar production for this year? It will be easy. Our complete archives of stories published in the magazine, including all the celebrities and personalities and all the top people in the cigar industry, will be there. We'll also set up live chat sessions with the major players in the cigar industry as well as the senior editors of the magazine. But that's not all.
Cigar Aficionado's Web site will include information on the publicly traded cigar companies as well as up-to-the-minute stock quotes. And, you'll find the latest Las Vegas betting lines on all professional and college sports events, as well as up-to-the-minute scores.
Yes, it is the ultimate lifestyle Web site for anyone who wants to enjoy the good life. You can find us at the address below and learn more about the site in our ad on pages 28 through 31 in this issue. I'm looking forward to getting your feedback on-line.
Cigar Aficionado On-line: http://www.cigaraficionado.com
Marvin R. Shanken
Editor & Publisher


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Alec Baldwin expected to testify against accused stalker
Alec Baldwin probably isn't relishing his part in this scene: a courtroom face-off with his accused stalker.
But it's likely to play out Tuesday in a New York City courtroom, where the former 30 Rock star is expected to testify at the trial of Genevieve Sabourin, a Canadian actress.
Authorities say it's a case of an acquaintance with a movie star turning into harassment. Sabourin claims it was a romance that fell apart.
The Oscar-nominated Baldwin and Sabourin, who has appeared in Canadian movies and TV shows, met when he had a cameo and she was a publicist in the 2002 sci-fi comedy The Adventures of Pluto Nash.
Fast-forward to April 2012, when Sabourin was arrested outside Baldwin's Manhattan apartment building.
The Manhattan district attorney's office says she had bombarded the actor with unwanted phone calls and messages professing her love, announced she was coming to New York and then showed up uninvited at his Manhattan and Hamptons homes, as well as a movie screening he was hosting.
Baldwin told police that he's had dinner with Sabourin but that their relationship was purely professional.
In the meantime, Baldwin got engaged to and married the former Hilaria Thomas in 2012, after they began dating the year before. They had a daughter, Carmen, this past August.
Hilaria Baldwin also is expected to testify.
Sabourin says she and Baldwin had a 2010 tryst and a two-way exchange of emails. Her lawyer, Todd Spodek, has said Sabourin wasn't stalking the actor, just seeking "closure" after he stopped talking to her.
Baldwin's career has included a Tony-nominated turn as Stanley Kowalski in A Streetcar Named Desire on Broadway, incarnating action hero Jack Ryan in the 1990 film The Hunt for Red October and an Academy Award nomination for his supporting role in the 2003 drama The Cooler.


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- Details
- Specs
- Reviews
- What's Included
This cable is so advanced - it supports all versions of HDMI, including the newest features but also includes extra bandwidth for future HDMI enhancements and requirements. Perfect for theaters with multiple HDMI devices or rack components, this cable is available in a variety of colors to best fit your needs. Ferrite cores filter out noise to enhance signal integrity. Line interference caused by stray RF signals is also reduced by the cable's ferrite magnets. Its gold-plated connectors resist corrosion and offer optimal signal transfer with lower distortion at the point of contact for better sound and picture quality. You will be able to connect your HDMI-enabled sources to various receivers and displays. The cable supports standard, enhanced, or high definition video, plus multi-channel digital audio from a single connection. The audio return channel feature sends signals both ways along the wires so you will not need a separate audio cable.
Additional color spaces are supported, including sYCC601 Color, Adobe RGB Color, and Adobe YCC601 Color in addition to RGB color and x.v. Color. With a wider palette of colors, you will be able to see a full range of colors for an enhanced viewing experience. The cable also supports video resolutions beyond 1080p, allowing it to be used with next-generation displays so you will not have to upgrade the cables when you bring on newer displays. With the built-in 4K x 2K support, the cable represents resolutions of 3840x2160 and 4096x2160.
The cable is available in multiple sizes, including 1.5 feet, 3 feet, and 10 feet, for customization of your system. With many lengths to choose from, you will be able to find a cable that is just the right size for the application, allowing for simpler and more convenient cable management.
You can even get the cable in a variety of colors, making for easier identification of your system's connections. Additional colors include:
Specifications Manufacturer Cmple Manufacturer Product No. 984-N UPC 815239018494 Connector Type HDMI male to HDMI male Connector Finish Gold Number of Conductors 19 Conductor Plating Tin Shielding Type EMI Supported Resolutions 480i to 1080p Voltage Rating 30V Shielding Level Triple Temperature Rating 80 degrees C Rated Bandwidth Tested to 165 MHz HDMI Certified Yes Compliance CEC
1.3 Device
Supports DVD Audio
TrueHD & DTS-HS
- 1x - 6-Foot High Speed HDMI Cable
- 1x - 6-Foot High Speed HDMI Cable


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LISA7777 necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 76 diseños de 24 diseñadores freelance.
Main Street Fair
We are an online auctions and classified ads site that gives back to America's schools. It comes out of our pocket, not the seller's. We need to attract more sellers to list on the site. While we want to be profitable, we also want to help schools. Our site is fun and easy to navigate.
Our target audience is anyone that sells online--retailers, individual sellers, students that can use the site to buy/sell books FREE via our classified ads. People that come to the site and want to use it are primarily here to make money from their products. We want to brand ourselves as exceptionally user friendly, a seller's low-fee paradise, a shoppers dream with great deals, a friend to students, a supporter of education.
The logo should be an easy and fast read so sellers know this is a serious but happy, fun, user friendly and profitable auctions/classified ads site the second they land on it. We also donate a percentage of the listing fees to America's schools, but don't want to be thought of as a charity. Sellers/buyers must realize we are primarily about e-commerce. The logo must convey this message instantaneously. Please consider our name: Main Street Fair. Maybe a combination of serif and sans serif to give it that "theme park" look, but still a quick read. An implication of a street sign? You're the artist. We intend to lighten up the turquoise background or make it a gradient to air it out. The logo tag now reads you buy, you sell, we give. Change to: Sell more. Save more. Help more. Make vertical for easy read/more powerful? We're open to ideas. We have flash images on which we are replacing our slogans with 1 only to read: The online auctions community that gives back. The eye should first go to the logo and then to the slogan i.e. the design must complement this slogan's background, which we will redesign based on your logo. It's important to first Google Main Street Fair before submitting designs. Feel free to design what you believe is representative of our site, yet also keep in mind our immediate goal of branding this as a serious, yet happy, easy-to-use e-commerce site.
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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|Soup of the Day:
Thank you for visiting Mucho, The Gourmet Sandwich Shoppe. We are a family owned and operated restaurant, proud to be serving Santa Fe the finest gourmet sandwiches for the past 21 years.
We have received multiple awards from The Santa Fe Reporter over the years for the "Best Sandwich" category as voted on by you, our customers. Our services include: Phone Call-In, Delivery, In-Door and Patio dining, & Catering services for your next party or company event.
For your convenience , we accept all major credit cards, Business checks, and we also have Corporate Accounts available. We would like to thank you in advance and look forward to serving you soon.
Thanks, Mucho


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Greenville Avenue Real Estate
Population: 1.188,580 (Dallas) Greenville Avenue is known for its unique specialty shops, restaurants and nightlife. Retail and residential have co-existed in this pocket neighborhood on the fringes of downtown Dallas for many years, and have maintained their values through many market trends. Situated along the "M" streets in Dallas, Greenville Avenue area's blend of ethnicity and urban living attracts buyers who enjoy older renovated homes in a metropolitan area. View Properties in this Community > Ebby Halliday Offices Serving this Community: Douglas > Firewheel/190 > Highland Park > Northeast Dallas > Preston Center > Richardson > Other Ebby Offices > Education Dallas Independent School District The D.I.S.D. is affiliated with the Satellite Education Resources Consortium (SERC) , which provides instruction for students and staff via satellite. Positive Parents of...
Greenville Avenue Homes For Sale
Search For Properties In Greenville Avenue
For a list of schools located within the district(s) please click on the link(s) below.


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The Muffed Haftara
Yossies parents looked forward to the Shabbat of his Bar Mitzvah when he would read in their synagogue the Haftara. Blessed with a beautiful voice and musical talent he was certain to do a great job on the Haftara he had so diligently prepared and to thus bring great nachat to his proud parents.
But something went wrong. The reading of the Haftara was marred by several off-tune moments and some bouts with hoarseness. As they left the synagogue Yossies father noticed that his son suffered no hoarseness at all and asked him why his reading was so characterized by loss of voice and tune.
A friend of mine read the Haftara last week for his Bar Mitzvah, explained the boy, and he did a rather poor job because he has a hard time carrying a tune. Next week another friend with little musical ability will be reading the Haftara for his Bar Mitzvah. If I would have read the way I was capable of doing because of my musical ability, people would have made the comparison between my beautiful rendition and the poor showing of the others. How could I thus embarrass my friends? I therefore decided to mess up my own reading a bit so that no comparisons would be in order.
It was Yossies father who revealed this incident when he spoke at a Sheva Brachot celebration for his son almost a decade later. Yossie had met with great success in his learning and in his shiduch and it was his fathers conviction that his nobility as a Bar Mitzvah boy earned him these blessings from Heaven.


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There's a fancy, custom PSP for just about every game ever released on the system. It's a shame Nintendo doesn't follow suit. Especially when you see this fan mock-up of a tribute to the classic shooter.
No crass logos, no ridiculous colour schemes...just a nice silver 3DS with a classy Star Fox graphic on the front.
The same artists have drawn up a Resident Evil 3DS that's a little less family friendly.
[Variasuit, thanks Brandon!]


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Reds rally late to top Astros
Houston, TX – The Cincinnati Reds woke up their bats late and tallied their MLB-leading 37th comeback win.
Chris Heisey hit a pinch-hit, go-ahead RBI double as part of a five-run eighth inning and Cincinnati downed the Houston Astros, 5-3, in the rubber match of a three-game set Sunday.
Drew Stubbs worked a one-out walk before Brandon Phillips singled to put runners on the corners. Jay Bruce stepped up next and clobbered a Xavier Cedeno (0-1) hanging breaking pitch deep into the second deck, which knotted the game at 3-3.
Todd Frazier singled and scored when Heisey, pinch-hitting for Xavier Paul, banged a double off the top of the wall in left field. Miguel Cairo plated Heisey with a double into the left-center field gap, which made it 5-3 in favor of Cincinnati.
Aroldis Chapman struck out two in a 1-2-3 ninth to notch his 34th save of the season for Cincinnati, which is an MLB-leading 35-15 since the All Star break.
"We looked bad for a while," Reds manager Dusty Baker said. "We got some guys on base late and got some big hits."
Reds starter Bronson Arroyo surrendered a run on three hits and a walk in six innings, while Jose Arredondo (6-2) got the win despite giving up two runs in the seventh.
Tyler Greene had two hits, including a solo home run, for Houston, which has lost seven of its last eight.
"They put together some good at-bats and got some big hits and were just able to pull ahead," said Greene.
The Astros plated one in the fifth and two more in the seventh for a 3-0 lead.
Brian Bogusevic brought home a run in the fifth after grounding into a fielder's choice, while Fernando Martinez belted an RBI triple and Greene's solo blast to left field in the seventh made it 3-0.
Game Notes
The Reds were 3-for-8 with runners in scoring position, while Houston finished 1-for-4...Bruce's homer was his 29th of the year...Chapman recorded his 26th straight save, the longest streak for the Reds since Francisco Cordero had 29 in a row from 2008-09 ... Astros radio play-by-play broadcaster Milo Hamilton celebrated his 85th birthday on Sunday. He is retiring at the end of the season.


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Jay Leno, amid all the hoopla surrounding his move to prime time Monday, has stuck to a simple mantra: "It's only a comedy show."
The response is vintage Leno – shrugging off any air of self-importance, and promising nothing more than some laughs.
But "The Jay Leno Show," a bold experiment that will bring the basic "Tonight Show" formula to 10 p.m., five days a week, represents more than just the latest gig for the hardest working comic in show biz.
For Leno, the program marks a chance to stake out uncharted territory, and likely will determine his legacy as either a prime-time pioneer or one of the last of the big time late-night hosts.
Leno spent the final 15 years of his 17-year "Tonight Show" reign as the ratings king. But in the pop-culture history books and in the eyes of those old enough to remember, he'll never match Johnny Carson. And in the estimation of many critics, he'll never measure up to David Letterman, whose edgier style influenced a generation of late-night hosts.
Even with Leno officially removed from the late-night scrum, the rivalry with Letterman is still playing out, at least in the media. The latest Time magazine cover declares, "Jay Leno Is the Future of TV. Seriously!" Letterman, meanwhile, is on the cover of New York magazine, which asks, "Leno who?"
Leno is 59, has oodles of money he doesn't spend much of, save for his vintage-car habit, and he could easily retire or just play Vegas for the rest of his life. But Leno, nudged out of the "Tonight Show" show by NBC suits betting the late-night future on Conan O'Brien drawing a younger audience, is a man with something to prove.
In some ways, Leno has a tougher job than when he replaced Carson. The television landscape has changed irreparably since he first sat behind Johnny's desk. The older portion of Leno's demographic is the last generation that grew up circling listings in TV Guide, an audience for whom watching a favorite TV show means a time and a date. That quaint approach has been rendered just about obsolete by DVRs and Hulu.
In addition, his core audience encompasses many folks whose viewing habits already include watching scripted dramas or the news from 10 p.m. to 11 p.m. It's unclear whether those routines will bend to the lure of an earlier Leno show.
Leno calls himself a "big tent" guy, which he demonstrated by hosting a successful TV show aimed at a mass audience in an increasingly niche-driven era. But it's far from certain how large a crowd he'll draw in prime time.
He's making some smart moves, though – keeping old bandleader (Kevin Eubanks), along with some familiar bits (the "Jaywalking" and "Headlines" gags) while injecting some new blood. D.L. Hughley will lead a band of comic correspondents – ala "The Daily Show," though likely sans the irreverence – that could generate video segments worth watching in office the next morning.
Monday's guest lineup – Jerry Seinfeld, Rihanna, Jay-Z and Kanye West – reflects an attempt to cross generational lines. The first week's guests range from Miley Cyrus to Tom Cruise.
Leno faces a challenge that goes far beyond putting on a good show. But given the drive that helped him outmaneuver Letterman for Carson's job, his proven appeal to a wide audience and his expert comic timing – even if the jokes are more clever than biting – it would be a big mistake to underestimate Jay Leno.
"The Jay Leno Show" may be "only a comedy show," but Leno ultimately may be the one enjoying the last laugh.
Hester is founding director of the award-winning, multi-media NYCity News Service at the City University of New York Graduate School of Journalism. He is the former City Editor of the New York Daily News, where he started as a reporter in 1992. Follow him on Twitter.


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Shaft: Fujikura Fit On E360 Blue Graphite Stiff Flex
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The Hyper X Tour Driver has a square face providing highly skilled golfers a more pleasing look at address and increased workability.


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|Ozzy Osbourne
|Musician Info
|Aston, Birmingham
|since 1967
|Heavy metal, Shock rock
|Notable Instruments
|Epic, CBS, Jet
|Black Sabbath, Kelly Osbourne
|Associated acts
John Michael "Ozzy" Osbourne (born 3 December 1948) is an English singer-songwriter, whose career has now spanned four decades. Osbourne rose to prominence as lead vocalist of pioneering British heavy metal band Black Sabbath, and eventually achieved a multi-platinum solo career which revolutionized the heavy metal genre. As a result he is known as the "Godfather of Heavy Metal", and, because of some of his material, the "Prince of Darkness". In the early 2000s, his career as a celebrity hit a new zenith when he became a star in his own reality show, The Osbournes, alongside wife/manager Sharon and two of their three children, Kelly and Jack. His tour with Black Sabbath ended in February 2017. He will continue to pursue his solo career.
Early LifeEdit
Osbourne was born in Aston, Birmingham, England. His father Jack worked shifts as a toolmaker at [2] and his mother Lillian for the car components firm [3]], to support him and his five siblings. Osbourne reportedly suffered from learning difficulties (claiming to be dyslexic) making life at Prince Albert Road Junior School and Birchfield Road Secondary Modern School in Perry Barr difficult for him. However, he did like music and took part in school plays. He also became a great fan of The Beatles from the age of 14 when he heard their first hit single. He left school at 15 and was then employed as a construction site labourer, trainee plumber, apprentice toolmaker, car factory worker and slaughterhouse worker. He also spent a few weeks in Green Prison, when he was unable to pay a fine after being found guilty of burglary of a clothes shop.
Osbourne would later form a band with former Birchfield Road School classmate Tony Iommi after he auditioned for a lead singer. During this time, psychedelic rock was enormously popular. To distinguish themselves from the norm, Iommi and his partners decided to play a heavy blues-inspired style of music laced with gloomy lyrics.Names for the band included Polka Tulk and Earth. They later learned of another travelling band of the same name. One day during rehearsals, the band noticed people queueing up outside a cinema where a horror film was being shown, and bassist Geezer Butler observed how curious it is that people like to be frightened. The film these fellows were waiting to see was the Bava-directed Sabbath]. After reading an occult book that Osbourne had let Butler borrow, Butler had a dream of a dark figure at the end of his bed. Afterwards, Butler wrote the lyrics to "Black Sabbath", one of their first songs in a darker vein. It was the prototype of the songs that became their main style later in their career.
Black Sabbath Edit
Despite only a modest investment from US record label Warner Bros. Records, Black Sabbath met with swift and enduring success. Built around Tony Iommi's guitar riffs, Geezer Butler's lyrics, and topped by Osbourne's eerie vocals, early records such as their eponymous debut album and Paranoid sold huge numbers, as well as getting airplay.
Early solo careerEdit
In 1979, Osbourne was fired from Black Sabbath largely for unreliability due to substance abuse. All the members in the band did drugs, but Osbourne did them to a much greater extent than other members of the band. He was replaced by former Rainbow singer Ronnie James Dio.
In the late 1970s, the band Necromandus rehearsed with Ozzy Osbourne and briefly became the first incarnation of his Blizzard of Ozz solo project. The Ozzy Osbourne Band began as The Blizzard of Ozz, formed by Osbourne's new manager and future wife, Sharon Arden. The first line-up of the band featured drummer Lee Kerslake (of Uriah Heep), bassist/lyricist Bob Daisley (of Rainbow and later Uriah Heep), keyboardist Don Airey and guitarist Randy Rhoads (of Quiet Riot). The record company would eventually title the record Blizzard of Ozz credited simply under Osbourne's name. Largely written by Daisley and Rhoads, Osbourne met with considerable success on his first solo effort, the debut collection selling well with heavy metal fans. A second album, Diary of a Madman featured more of Bob Daisley's song writing and guitar work by Randy Rhoads, who was ranked the 85th greatest guitarist of all time by Rolling Stone magazine in 2003.
In March 1982, while in Florida for the follow-up album Diary of a Madman tour, and a week away from playing [http:://en.wikipeia.org/wiki/Madison_Square_Garden Madison Square Garden] in New York City, a light aircraft taken without its owner's consent carrying guitarist Randy Rhoads crashed while performing low passes over the band's tour bus. In a prank turned deadly, the right wing of the aircraft clipped the bus, causing the plane to crash into a tree and finally a nearby house, killing Rhoads as well as the pilot, Andrew Aycock, and the band's hairdresser, Rachel Youngblood. On autopsy, cocaine was found to be present in Aycock's urine. Learning of the death of his close friend and band mate, Osbourne once again fell into deep depression. The record company gave Osbourne a break from performing to mourn for his late band member, but Osbourne stopped work for only one week.
Ex-Gillan guitarist Bernie Torme was the first guitarist to replace Randy once the tour resumed. Torme however, found the pressure of learning the band's songs so quickly and the idea of appearing before fans still mourning the loss of Rhoads unsettling. His tenure with the band would last less than one month.
During an audition for guitarists in a hotel room, Osbourne selected Brad Gillis, (who went on to be one of two guitarists in Night Ranger) to finish the tour. The tour continued, culminating in the release of the 1982 live album, Speak of the Devil recorded at the Ritz in New York City. A live tribute album for Rhoads was later released. This album would also feature a studio song by Randy, taken from studio outtakes, called "Dee" in honour of his mother.
Also, in an August 2008 interview with Total Guitar Magazine Osbourne was asked if he wanted to say something about Randy Rhoads, the rock star said: "I have no regrets except I wasn't able to keep Randy from getting onto that plane.
Further solo careerEdit
In the 1980s and 1990s, Osbourne's career was an effort on two fronts: continuing to make music without Rhoads, and becoming sober. The 1981 concerts were recorded with a live album in mind. Entitled Speak of the Devil, known in the United Kingdom as Talk of the Devil, was originally planned to consist of live recordings from 1981, primarily from Osbourne's solo work. With news of Black Sabbath also about to release a live album titled "Live Evil" however, Osbourne and Sharon decided to pre-empt his former band's efforts, and the album ended up consisting entirely of Black Sabbath cover material, recorded with Gillis, bassist Rudy Sarzo, and drummer Tommy Aldridge. In the same Guitar Player interview where Brad Gillis discussed how he came to play for Osbourne, he discussed the live album, and admitted that everyone in the band wanted to rework some parts, but were not given the opportunity. Speak of the Devil was musically left alone. Osbourne later commented (inside the cover of "Tribute") "I don't give a fuck about that album. It was just a bunch of bullshit Sabbath covers." He also stated that it was the recording company that wanted a new album, and that he was unwilling to release the tapes of performances live with Rhoads, believing this would dishonour his memory.
In 1982, Osbourne was the guest vocalist on the Was (Not Was) pop dance track "Shake Your Head (Let's Go to Bed)" with Madonna performing backing vocals. Osbourne's cut was remixed and re-released in the early 1990s for a Was (Not Was) greatest hits album in Europe, and it cracked the UK pop chart. Madonna asked that her vocal not be restored for the hits package, so new vocals by Kim Basinger were added to complement Osbourne's lead.
Jake E. Lee, formerly of Ratt and Rough Cutt, was a more successful recruit than Torme or Gillis, recording 1983's Bark at the Moon (co-writing the album with Bob Daisley, and also featuring Tommy Aldridge, and former Rainbow keyboard player Don Airey). 1986's The Ultimate Sin followed (with bassist Phil Soussan and drummer Randy Castillo), and touring behind both albums with ex-Uriah Heep keyboardist John Sinclair joining prior to the Ultimate Sin tour.
In late 1986, Osbourne was the target in the first of a series of US lawsuits brought against him, alleging that one of his songs, "Suicide Solution", drove two more American teenagers to commit suicide because of its "subliminal lyrics". The cases were decided in Osbourne's favour, essentially on the premise that Osbourne cannot be held accountable for a listener's actions. It also helped that the song was clearly about alcohol abuse and "suicide solution" was a play on words. Soon after, Osbourne publicly acknowledged that he wrote the song about his friend, AC/DC lead singer Bon Scott, who died from alcohol abuse, and that solution referred to both alcohol as a solution to problems and as a chemical solution. Bob Daisley, however, asserts that he wrote this song and that it was about his concerns over Osbourne's own ongoing battle with substance abuse.
Lee and Osbourne parted ways in 1987, however, reportedly due to musical differences. Osbourne continued to struggle with his chemical dependencies, and commemorated the fifth anniversary of Rhoads' death with Tribute, the live recordings from 1981 that had gone unreleased for years. In 1988, Osbourne appeared in The Decline of Western Civilization II: The Metal Years and told the director, Penelope Spheeris, that "sobriety fucking sucks." Meanwhile, Osbourne found his most enduring replacement for Rhoads to date — a guitarist named Zakk Wylde. Wylde joined Osbourne for his 1988 effort, No Rest for the Wicked, in which Castillo remained on drums, Sinclair on keyboards and Daisley once more returned to co-writing/bass duties fresh from a stint in Black Sabbath the previous year. The subsequent tour saw Osbourne reunited with erstwhile Black Sabbath bandmate Geezer Butler on bass, and a live EP (entitled Just Say Ozzy) featuring this lineup was released two years later. Geezer continued to tour with Osbourne for the subsequent four tours, and was a major stage presence throughout. In 1989, Ozzy Osbourne performed as part of the Moscow Music Peace Festival.
Later solo career and Black Sabbath reunionEdit
While very successful as a heavy metal act through the 1980s, Osbourne sustained commercial success into the 1990s, starting with 1991's No More Tears, which enjoyed much radio and MTV exposure. It also initiated a practice of bringing in outside composers to help pen Osbourne's solo material, instead of relying solely upon his recording ensemble to write and arrange the music. The album was mixed by veteran rock producer Michael Wagener, who also mixed the Live and Loud album which followed in 1993. It went platinum four times over, and ranked at number 10 on that year's Billboard rock charts. Osbourne was awarded his only Grammy for the track "I Don't Want to Change the World" from No More Tears for Best Metal Performance of 1994.
At this point Osbourne expressed his fatigue with the process of touring, and proclaimed his "retirement tour" (which was to be short-lived). It was comically called "No More Tours", a pun on his No More Tears album. Prior to the tour Mike Inez took over on bass and Kevin Jones on keyboards as Sinclair was touring with The Cult. Osbourne's entire CD catalogue was remastered and reissued in 1995. Also that year, he released Ozzmosis and went on stage again, dubbing his concert performances "The Retirement Sucks Tour". The lineup on "Ozzmosis" was Wylde, Butler (who had just quit Black Sabbath again) and ex-Bad English, Steve Vai and Hardline drummer Deen Castronovo, now in Journey. Keyboards were played by Yes's Rick Wakeman and producer Michael Beinhorn. The tour maintained Butler and Castronovo and saw Sinclair return, but a major change was new guitarist ex-David Lee Roth man Joe Holmes. Wylde was debating on an offer to join Guns N' Roses and Ozzy could wait no longer and replaced him. In early 1996, Butler and Castronovo left and Inez (by now in Alice In Chains since 1993)and Castillo filled in. Ultimately, Faith No More's Mike Bordin and ex-Suicidal Tendencies bassist Robert Trujillo joined on drums and bass respectively. A greatest hits package, The Ozzman Cometh was issued in 1997.
Osbourne's biggest financial success of the 1990s was a venture named Ozzfest, created and managed by his wife/manager Sharon and assisted loosely by his son Jack. Ozzfest was a quick hit with metal heads, spurring up-and-coming groups like Incubus and Slipknot to broad exposure and commercial success. Some acts shared the bill with a reformed Black Sabbath during the 1997 Ozzfest tour, beginning in West Palm Beach, Florida. Osbourne reunited with the original members of Sabbath in 1997 and has performed periodically with the band ever since.
Since its start, five million people have attended Ozzfest, which has grossed over US$100 million. The festival also helped promote many new hard rock and heavy metal acts of the late 1990s and early 2000s, including System of a Down, Drowning Pool, Limp Bizkit, Korn, Disturbed, HIM, Linkin Park, Atreyu, Papa Roach, P.O.D., Velvet Revolver, Godsmack, Avenged Sevenfold, Otep, and Slipknot. Up until the 2006 tour, Osbourne was always the headlining artist (either solo or with Black Sabbath), and it has featured other artists such as Metallica, Danzig, Sepultura, Marilyn Manson, Pantera, Iron Maiden, Judas Priest, Slayer, and Megadeth. Ozzfest helped Osbourne to become the first hard rock and heavy metal star to hit $50 million in merchandise sales.
Osbourne's first album of new studio material in seven years, 2001's Down to Earth, met with only moderate success, as did its live follow up, Live at Budokan.
In 2003, Osbourne recruited former Metallica bassist Jason Newsted after he left the band in 2000. Both Newsted and Osbourne were enthusiastic about recording an album together, despite the fact that Newsted left shortly after touring with Osbourne towards the end of 2003.
On 8 December 2003, Osbourne was rushed into emergency surgery at Wexham Park Hospital in Slough, England when he had an accident with his all-terrain vehicle on his estate in Chalfont St Peter in [Buckinghamshire]. Osbourne broke his collar bone, eight ribs, and a neck vertebra. An operation was performed to lift the collarbone, which was believed to be resting on a major artery and interrupting blood flow to the arm. Sharon later revealed that Osbourne had stopped breathing following the crash and was resuscitated by Osbourne's then personal bodyguard, Sam Ruston.
While in the hospital, Osbourne achieved his first ever UK number one single, a duet of the Black Sabbath ballad, "Changes" with daughter Kelly. In doing so, he broke the record of the longest period between an artist's first UK chart appearance (with Black Sabbath's "Paranoid", number four in August 1970) and their first number one hit: a gap of 33 years.
Since the accident, he has fully recovered and headlined the 2004 Ozzfest, where he again reunited with Black Sabbath. In 2005, he released a box set called Prince of Darkness. The first and second discs are collections of live performances, B-sides, demos and singles. The third disc contained duets and other odd tracks with other artists, including "Born to Be Wild" with Miss Piggy. The fourth disc is entirely new material where Osbourne covers his favourite songs by his biggest influences and favourite bands, including The Beatles, John Lennon, David Bowie and others.
He and wife Sharon starred in yet another MTV show, this time a competition reality show entitled "Battle for Ozzfest". A number of yet unsigned bands send one member to compete in a challenge to win a spot on the 2005 Ozzfest and a possible recording contract.
In 2004, Osbourne received an NME award for "godlike genius".
Shortly after Ozzfest 2005, Osbourne announced that he will no longer headline Ozzfest. Although he announced his retirement from Ozzfest, Osbourne came back for one more year, 2006, albeit only closing for just over half the concerts, leaving the others to be closed by System of a Down. He also played the closing act for the second stage at Shoreline Amphitheatre in Mountain View, CA on 1 July as well as Randall's Island, NY on 29 July. After the concert in Bristow, Virginia, Osbourne announced he would return for another year of Ozzfest in 2007. Tickets for the 2007 tour were offered to fans free of charge, which led to some controversy. In 2008, Ozzfest was reduced to a one-day event in Dallas, Texas, where Osbourne played, along with Metallica.
In 2005, he was inducted into the UK Music Hall of Fame along with Black Sabbath where he mooned the crowd because of their poor reception while they were playing.
In March 2006, he said that he hopes to release a new studio album soon with long time on-off guitarist, Zakk Wylde of Black Label Society. In October 2006, it was announced that Tony Iommi, Ronnie James Dio, Vinny Appice, and Geezer Butler would be touring together again, though not as Black Sabbath, but under the moniker 'Heaven and Hell (the title of Dio's first Black Sabbath album). The response to the news on Osbourne's website was that Osbourne wished Tony and Ronnie well and that there is only one Sabbath.
The album, titled Black Rain, was released on 22 May 2007. Osbourne's first new studio album in almost six years, it featured a more serious tone than previous albums. "I thought I'd never write again without any stimulation...But you know what? Instead of picking up the bottle I just got honest and said, 'I don't want life to go (to pieces)'", Osbourne stated in a Billboard interview.
On 24 May 2007, Osbourne was honoured at the second annual VH1 Rock Honors, along with Genesis, Heart, and ZZ Top. It was announced on 18 May 2007 that Osbourne would be the first inductee into The Birmingham Walk of Stars. In a ceremony conducted on 6 July 2007, a bronze star honouring Osbourne was placed on Broad Street in his home city of Birmingham, England, in his presence. Ozzy Osbourne is the first artist to be honoured on Birmingham's Hollywood-style Walk of Fame. He was presented with the honour by the Lord Mayor of Birmingham. "I am really honoured," he said, "All my family is here and I thank everyone for this reception - I'm absolutely knocked out".
Osbourne was also a judge for the 6th annual Independent Music Awards to support independent artists' careers.
In July 2008, it was announced that Ozzy Osbourne would be the recipient of the prestigious 'Living Legend' award in the Classic Rock Roll of Honour this year. Osbourne follows the likes of Jimmy Page and Alice Cooper.
On 20 August 2008, Affliction Clothing announced that Osbourne would be the musical guest at their 11 October Affliction: Day of Reckoning mixed martial arts event to be held at the Thomas and Mack Center in Las Vegas.
In late December 2008, Slash's wife announced that, along with Fergie, Osbourne would be appearing on the guitarist's solo album.
In 2009 it was announced that there would not be an Ozzfest 2009, but that Ozzfest would return in 2010
Osbourne revealed in July 2009 that he was currently seeking a new guitar player. While he states that he has not fallen out with Zakk Wylde, he said he felt his songs were beginning to sound like Black Label Society and fancied a change.
Osbourne performed at the gaming festival, BlizzCon 2009.
Personal lifeEdit
Osbourne has been married twice and is the father of seven children (five biological, and two adopted). He was first married to Thelma Riley (now a teacher in Leicestershire) and adopted her son Elliot Kingsley (1966); together they had Jessica Starshine Osbourne Hobbs (20 January 1972) and Louis John Osbourne (1975).
He later married Sharon Arden and had three children with her. They are Aimee Osbourne (2 September 1983), Kelly Osbourne (27 October 1984) and Jack Osbourne (8 November 1985). They also took in family friend Robert Marcato after his mother died, but never legally adopted him. Osbourne also has three grandchildren, Isabelle and Harry from his daughter Jessica and granddaughter Maia from son Louis. He wrote a song for his daughter, Aimee, which appeared as a b-side on the album Ozzmosis. He divides his time between Los Angeles and Buckinghamshire, England.
It was reported in 1992 that Osbourne was a member of the Church of England and prayed before each show.
Osbourne achieved greater celebrity status by the unlikely success of his own brand of reality television. The Osbournes, a series featuring the domestic life of Osbourne and his family (wife Sharon, children Jack and Kelly and special guest appearances from his son Louis, but not their eldest daughter Aimee, who declined to participate). The program became one of MTV's greatest hits. It premiered on 5 March 2002, and the final episode aired 21 March 2005.
In 2002, Osbourne and wife Sharon were invited to the White House Correspondent's] dinner by Fox News Channel correspondent Greta Van Susteren for that year's event. President Bush noted Osbourne's presence by joking: "The thing about Ozzy is, he's made a lot of big hit recordings – 'Party with the Animals', 'Sabbath, Bloody Sabbath', 'Facing Hell', 'Black Skies' and 'Bloodbath in Paradise'. Ozzy, Mom loves your stuff.
He has over 15 tattoos, the letters O-Z-Z-Y across the knuckles of his left hand was the first he had done as a teenager, by means of a sewing needle and pencil lead.
Ozzy and Sharon Osbourne are one of the UK's richest couples, according to the Sunday Times Rich List. They ranked at number 458 in 2005, with an estimated £100 million earned from recording, touring and TV shows. They ranked above most British music stars, such as Rod Stewart, George Michael, Robbie Williams, the Rolling Stones' Charlie Watts and Ronnie Wood, and Pink Floyd, Queen, and Dire Straits members.
Osbourne experienced tremors for some years and linked them to his continuous drug abuse. In May 2005 he found out it was actually Parkin Syndrome, a genetic condition, the symptoms of which are very similar to Parkinson's disease. Osbourne will have to take daily medication for the rest of his life to combat the involuntary shudders associated with the condition. Osbourne has shown symptoms of a mild hearing loss, as evidenced in the television show, The Osbournes, as he often asks his family members to repeat what they say.
Osbourne is a supporter of English association football club Aston Villa, as he grew up in the Aston area close to Villa Park
Osbourne has penned an autobiography, I Am Ozzy, set for publication on 1 October 2009.
Career troublesEdit
Ozzy Osbourne found himself under fire in his controversial concert and stage acts that some parent-teacher associations, media content watchdog activist groups, including many Christian groups accused Osbourne of being a negative influence for teenagers. They claimed messages on his songs, actions (the infamous "horned hand") and stage decorations are portrayals of devil worship and glorified Satanism, but Osbourne denies these accusations and he claims it was done in good fun, symbolised teenage rebellion and for shock value. In actuality, Osbourne flashed a peace sign with each hand, while his Sabbath replacement, Ronnie James Dio, was better known for flashing the "horns", which is actually an Italian tradition. At least one scholar has compared the controversy surrounding Osbourne and accusations of Satanism to those leveled against the renowned occultist, Aleister Crowley, and how both were demonized by the media and the Christian Right for their antics. Osbourne tempts the comparison with his song "Mr. Crowley". Both Osbourne and Crowley enjoyed the infamy of being labeled Satanists, though both denied the charge. Still, they accepted labels such as Prince of Darkness (Osbourne) and The Great Beast (Crowley), terms cited by critics to condemn both men as anti-Christian.
Osbourne was thought to have performed songs that promoted or condoned suicide. In 1985, California teenager John McCollum committed suicide while listening to Ozzy Osbourne's "Suicide Solution," a song about the dangers of alcohol abuse. Although McCollum suffered clinical depression, his parents sued Ozzy Osbourne (McCollum v. CBS) for their son's death, claiming the lyrics in the song, "Where to hide, suicide is the only way out. Don't you know what it's really about?" convinced McCollum to commit suicide. Although the family lawyer suggested that Osbourne should be criminally charged for encouraging a young person to commit suicide, the courts ruled in Osbourne's favor saying there was no connection between the song and McCollum's suicide. Osbourne was sued yet again for the same reason in 1991 (Waller v. Osbourne), by the parents of Michael Waller, for $9 million, but the courts ruled in Osbourne's favor in that case as well.
He has also come under fire from former musicians such as Bob Daisley, Lee Kerslake, and Phil Soussan for not paying them royalties and giving them credit on the albums they played on. Bob Daisley and Lee Kerslake sued the Osbournes in 1986 for outstanding royalties from songs written for the Blizzard of Ozz releases, and for reinstatement of performance credits. Litigation continued in 2002 when Daisley and Kerslake (and bassist Phil Soussan) once again sued for unpaid royalties. The Osbournes responded by erasing their contributions on the original masters and re-issuing new versions with the bass and drum tracks re-recorded by Robert Trujillo and Mike Bordin. Phil Soussan also brought a lawsuit against Osbourne and even got into a physical confrontation with Sharon at Randy Castillo's funeral.
Drug, alcohol, and animal abuseEdit
According to the press, Osbourne's antics progressively reached a more dangerous point during the 1980s; his alcoholism and drug abuse continued. He later underwent a number of treatments for alcoholism and drug abuse.
After signing his first solo career record deal he came in to meet some of the people who worked at the record company. His plan was to release doves into the air to get people to notice him, but when no one noticed, he changed his plans. He grabbed a dove, bit its head off, then spat the head out. Then, with blood still dripping from his lips, a security guard came to remove him. Despite its controversy, this act has been parodied and alluded to several times throughout his career and is part of what made Ozzy Osbourne famous.
He gained further notoriety on 20 January 1982, when he bit the head off a bat he thought was rubber while performing at the Veterans Memorial Auditorium in Des Moines, Iowa. Rolling Stone magazine in 2004 ranked this incident number two on its list of "Rock's Wildest Myths." According to Osbourne himself in the booklet to the 2002 edition of Diary of a Madman, the bat was not only alive, but also managed to bite Osbourne, resulting in him having to take rabies shots.
During a tour stop in Texas in 1982, while wearing future wife Sharon's dress, Ozzy drunkenly urinated on a cenotaph erected in honor of those who died at the Alamo across the street from the actual building. A police officer arrested him, and Osbourne was subsequently banned from the city of San Antonio for a decade. Osbourne's alcohol problem also came to a very serious peak in 1989 after he became violently drunk and attempted to strangle his wife and manager Sharon.
Discography Edit
under construction
Backing band Edit
: See: List of Ozzy Osbourne band members
Current line up Edit
* Rob "Blasko" Nicholson - bass (2003, 2006-present)
* Mike Bordin - drums (since 1997)
* Adam Wakeman - keyboards (since 2004)
* Gus G. – guitar (since 2009)
Former band members Edit
* Randy Rhoads (1979-1982)
* Bernie Tormé (1982)
* Brad Gillis (1982)
* Jake E. Lee (1982-1987)
* Steve Vai (1994-1995)
* Joe Holmes (1995-1998, 2000)
* Alex Skolnick (1995)
* Jerry Cantrell (2004-2005)
* Bob Daisley (1979-1981, 1983-1991)
* Phil Soussan (1986-1987)
* James LoMenzo (1994)
* Mike Inez (1989-1993)
* Geezer Butler (1988, 1995-1996)
* Robert Trujillo (1996-2003)
* Jason Newsted (2003)
* Chris Wyse (2003-2005)
* Tommy Aldridge (1981-1983)
* Carmine Appice (1983)
* Randy Castillo (1983-1993, 1995)
* Deen Castronovo (1993-1997)
* Don Airey (1980, 1983)
* Mike Moran (1985-1986)
* John Sinclair (1988-1991)
* Kevin Jones (1991-1992)
* Rick Wakeman (1995)
* Michael Railo (2001)


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Andy Cohen Slams Adrienne Maloof For Blowing Off 'RHOBH' Reunion
Andy is not a happy camper! Adrienne failed to show for the 'RHOBH' reunion taping on March 1, and it cost her her place on the show. Now Andy is calling her out for it — watch the video here!
Andy Cohen is not happy with Adrienne Maloof! The host of the Real Housewives of Beverly Hills reunion special publicly slammed Adrienne, 51, for not showing up for the March 1 taping and he said that her actions were "frustrating" for the audience, and that she will NOT be returning to the show because of it. Read on for all the crazy details.
Andy Cohen Slams Adrienne Maloof For Absence At 'RHOBH' Reunion
"Well, today we are missing one of the Housewives who's been with us since the beginning. Adrienne Maloof has decided not to participate today," said Andy to the audience of the Bravo show. "This season was hard on Adrienne, as you all know. A secret about her family was revealed by Brandi [Glanville]. And from that moment on, Adrienne refused to speak directly about it. We know that frustrated you in the audience. It frustrated all of us too…" he said.
Andy appeared to be visibly annoyed that Adrienne did not show, and he said it was a lost opportunity for her.
"Adrienne won't be here to tell her side of the story. Not only is she absent tonight, but she won't be on the show next season," he said. "Adrienne Maloof's final act as a Housewife was NOT showing up tonight."
HollywoodLife.com previously reported that Adrienne was scheduled to tape the reunion special, but she decided to skip that commitment. A source told Us Weekly that she had "a more important obligation" to attend with her children. "She doesn't need that kind of negativity in her life," the source said.
What do YOU think HollywoodLifers? Was Andy right to diss Adrienne?
WATCH: Andy Cohen Slams Adrienne Maloof At 'RHOBH' Reunion
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