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|'''United States airdate; December 28, 2000'''²²'''Canada airdate: March 30, 2001'''²²'''Dying for Pie'''²²It's Employee Brotherhood Day at the Krusty Krab and Mr. Krabs has [=SpongeBob=] and Squidward exchange gifts. After revealing the gifts have to be homemade, Squidward buys a pie from a group of pirates that turns out to be a bomb. Then he's convinced that [=SpongeBob=] ate it...²²'''Imitation Krabs'''²²Plankton sends a robotic duplicate of Mr. Krabs to try and steal the Krabby Patty formula, and [=SpongeBob=] believes it's the real thing.²²----²!!'''Dying for Pie''' contains examples of...²* AnAesop: ²** Sometimes the best gift you can give someone is your time and friendship. ²** The best gifts are made by you. ²** On a less glurgey note, make sure the things you give and receive aren't dangerous.²* {{Angrish}}: Upon seeing that [=SpongeBob=] is still alive after sunset, he starts spouting gibberish in disbelief:²-->'''[=SpongeBob=]:''' Squidward, we already played 'Babble Like A Idiot'.²* BumperSticker: "Do Not Ask Me About My Day."²* CardiovascularLove: [=SpongeBob's=] sweater for Squidward reads "I ♥ U". Squidward reads it as "I heart you".²* CelestialDeadline: When [=SpongeBob=] is thought to eat the exploding pie, Mr. Krabs says hes only got until sunset before it drops into his lower intestine and thats the time he is to explode.²* ConvenienceStoreGiftShopping: Defied; When told he needs to exchange gifts with [=SpongeBob=], Squidward says hell just buy the little twerp a gumball before Mr. Krabs informs him that he has to make the gift himself.²* CrashingDreams: The episode opens with an ImagineSpot of Squidward on an island playing tropical music on a piano when he's interrupted by [=SpongeBob=] ringing a bell yelling "Order up, Squidward!", which resulted from his ringing alarm clock.²* FailedASpotCheck: Upon entering Mr. Krabs' office, [=SpongeBob=] instantly took notice of the pie on his desk, ignoring the huge hole in the wall.²* FamilyUnfriendlyDeath: It's only an ImagineSpot, but the scene where Squidward imagines [=SpongeBob=] literally exploding in the middle of serving a customer is chilling even for a children's program.²* GoryDiscretionShot: While the aforementioned imagination sequence doesn't show [=SpongeBob=] exploding on-screen, we do see pieces of what used to be the sponge sprinkling all over the restaurant to give the impression that that's what happened.²* HairTriggerExplosive: A bite of that pie falling on the ground is enough to blow up Mr. Krabs' office when that hits the ground, which makes you wonder [[FridgeLogic why it didn't explode when Squidward dropped it on Mr. Krabs' desk]]. During the ending scene, [=SpongeBob=] shows Squidward that he never ate the bomb pie, he was saving it in his pocket the whole time. He then trips, dropping the pie and causing a ''nuclear explosion'' that leaves Bikini Bottom in tatters.²--> '''Squidward''': [[MajorInjuryUnderreaction Ow.]]²* HomeMadeSweaterFromHell: [=SpongeBob=] makes Squidward a sweater made from his own eyelashes. Later he makes another one from his own tears.²* ImagineSpotting: Upon hearing that the last thing on [=SpongeBob=]'s list is watching the sunset, Squidward recalls Mr. Krabs saying that's when the bomb hits his lower intestine. His ImagineSpot doesn't go unnoticed.²-->'''[=SpongeBob=]:''' Hey, it's Mr. Krabs! Hi, Mr. Krabs!\²''(Thought Bubble!Mr. Krabs runs off crying like the real Mr. Krabs did)''\²'''[=SpongeBob=]:''' Okay! See ya later!²* JerkWithAHeartOfGold: Squidward once again expresses concern for [=SpongeBob=] as he waits in fear for the bomb to go off.²* KarmaHoudini: As far as we know, the pirates never got their comeuppance for tricking Squidward into thinking a pie was a bomb. At the very least, they conned him out of his money, and their trick could very easily have killed somebody.²* MeatgrinderSurgery: Spongebob "performs" open-heart surgery on Squidward by opening his chest cavity and poking his heart with his finger. This causes [[GettingCrapPastTheRadar blood to come squirting out]], though Squidward is alive and well in the next scene.²* LastDayToLive: Squidward is convinced [=SpongeBob=] ate the bomb pie, so he is tasked by Mr. Krabs to enjoy his final hours with him. When he doesnt explode after all, he isnt too pleased about it.²-->'''Squidward:''' Are you sure you should be poking it like that?\²'''[=SpongeBob=]''': Who's the doctor here?²* MediumShiftGag: When the bomb finally goes off, it cuts to live action StockFootage of an underwater atomic explosion.²* MistakenForDying: Squidward believes [=SpongeBob=] ate the bomb pie and tries to make best of his "last day on Earth". He is none at all happy when he finds out [=SpongeBob=] never ate the pie.²* NoodleIncident: Mr. Krabs has seen people die from eating exploding pies before. Eleven times, in fact. As has the doctor Squidward calls.²* NoSympathy: Initially quite averted with Squidward, who is quite guilt-ridden to learn that Spongebob will supposedly die at sunset because of him and willingly joins Spongebob in a variety of ridiculous (and even dangerous) activities to make his last hours as meaningful as possible. However, when Spongebob does ''not'' explode as expected, instead of being happy, Squidward is ''angry because his time was wasted.''²* OffModel: When Squidward points at Spongebob to say "...''that guy''!", Mr. Krabs lower half comes further into frame to reveal that the animators didn't draw any legs on him.²* APirate400YearsTooLate: Squidward buys his pie bomb from an anachronistic pirate crew.²* ReadingForeignSignsOutLoud: The German dub has a few of the characters' voice actors doing it. (For example, translating the BumperSticker from "Do Not Ask Me About My Day" to "Frag Mich Nicht Wie's Mir Geht").²* RidiculouslyPotentExplosive: PlayedForLaughs. When the bomb disguised as a pie finally goes off at the end of episode, the explosion is so great we see stock footage of an underwater A-bomb going off and the blast was large enough to destroy the entire city.²* SceneryGorn: Bikini Bottom and its surroundings are positively ''TOASTED'' after the bomb goes off.²* ShaggyDogStory: It turns out [=SpongeBob=] never ate the bomb pie; he was saving it in his pocket, and he really ate a different pie offscreen which was completely non-fatal.²* ShoutOut: Squidward briefly channels [[Series/TheHoneymooners Ralph Kramden]] on the line "He's gonna drown in it! DROWN in it!" recalling Ralph's famous line to his mother-in-law, "YOU are a blabbermouth. A BLABBERMOUTH!" ²* SkewedPriorities: After Squidward explains to him about the exploding pie, the first thing Mr. Krabs comments on is [[{{Greed}} the twenty-five dollars Squidward spent on the pie]].²* TearsOfRemorse: Squidward sheds these when he thinks [=SpongeBob=] has exploded.²* ThreeTwoOne: Squidward hesitantly counts down the sunset to [=SpongeBob=]s request, when he believes his explosion is going to happen any second.²* TooDumbToLive:²** [=SpongeBob=], who ''completely'' looks past that Squidward just explained that the pie was a bomb and still suggests that they eat it anyway. He then trips over a pebble, accidentally sending the pie flying into Squidward's face, blowing up all of Bikini Bottom in the process. ²** Squidward as well, for knowingly buying a pie explicitly said to be a bomb by the pirates, and taking their word for it when they say that they were just kidding as they con him out of a fast buck, although Squidward probably didn't care enough to think twice and only wanted to get Mr. Krabs off his back.²* WatchingTheSunset: [=SpongeBob=]'s last thing to do is to watch the sunset with Squidward. While the former enjoys such, the latter panics as this is the time the pie drops into [=SpongeBob=]'s lower intestine and will explode any second.²* WhatTheHellHero: Mr. Krabs gives one to Squidward when it looked like [=SpongeBob=] has eaten the exploding pie.²-->'''Mr. Krabs''': You had to kill him. The boy cries you a sweater of tears... and you kill him. How are you gonna live with yourself?²²----²!!'''Imitation Krabs''' contains examples of...²²* AccidentalTruth: [=SpongeBob=] mistakes a customer who makes an innocent query about what's in Krabby Patties for Plankton in another disguise and rips off his head. Turns out, he ''was'' wearing a mask, but only because he's insecure about the fact that his real head is disproportionately small for his body.²-->'''Customer''': Everyone at the Head Enhancement Clinic said nobody would notice! ''(runs away crying)''²* AirQuotes: Used by Squidward when he meets Robot Krabs.²-->'''Squidward:''' You're not Mr. Krabs.\²'''Robot Krabs:''' Hey, why don't you take the rest of the day off?\²'''Squidward:''' Ha-ha! Well, whatever you say, "Mr. Krabs".²* BerserkButton: Asking for a day off, let alone ''saying'' the words "day off", is enough to anger Mr. Krabs.²* BigWhat: Plankton screams this after 6 1/2 hours of random requests from [=SpongeBob=] before giving him the formula. Since hes speaking through Robot Krabs, it comes out rather dull.²* BottleEpisode: The entire episode is set at the Krusty Krab, and [=SpongeBob=] is wearing his hat almost the entire time.²* DramaticGasp: When Mr. Krabs walks in on [=SpongeBob=] about to give Robot Krabs the secret formula, everyone gasps, [[AnimateInanimateObject including the penny Krabs was chasing]].²* FunnyBackgroundEvent: The opening pan of the Krusty Krab's interior shows the patrons enjoying their burgers in... creative ways. For example, one customer is sucking on it like a pacifier while another has removed the top bun and is licking the inside.²* GoLookAtTheDistraction: When Plankton hears Mr. Krabs coming, he says to [=SpongeBob=], "Look, a jellyfish!". [=SpongeBob=] whips out his net yelling "I got it! I got it!" and chases the nonexistent jellyfish while Plankton converts his robot into a toaster.²* HoistByHisOwnPetard: [[SelfDestructMechanism "Coin-operated self-destruct]]. [[LampshadeHanging Not one of my better ideas."]]²* HumansAreCthulhu: One human tried eating Mr. Krabs with a fork. ²* ITakeOffenseToThatLastOne:²-->'''Mr. Krabs:''' If I were a robot, which I'm not, at least I'm well put together, not some rusted-up, steam-driven pile of junk.\²'''Robot Krabs:''' Who are you calling steam-driven?²* InventionalWisdom: Even Plankton admits that equipping his robot with a ''coin-operated'' SelfDestructMechanism wasn't a good idea.²* MotorMouth: [=SpongeBob=] giving Plankton the Krabby Patty disclaimer all in one breath.²* NearVillainVictory: If Plankton weren't so busy laughing silly when [=SpongeBob=] activated the self-destruct coin slot, odds are he would've finally stolen the secret formula.²* OhCrap:²** Both Mr. Krabs and Robot Krabs when [=SpongeBob=] threatens them with tartar sauce.²** Plankton when [=SpongeBob=] unwittingly inserts a penny into the self-destruct coin slot.²** [=SpongeBob=] when he witnesses Robot Krabs run into the Chum Bucket and explode, after kicking out the real Mr. Krabs.²--->'''[=SpongeBob=]:''' If that was Plankton...uh, oh.²* OnlySaneMan: Played with--Squidward immediately figures out that Plankton's robot isn't Mr. Krabs. However, he goes along with it when Plankton gives him the rest of the day off.²* PaperThinDisguise: [=SpongeBob=] falls completely for Plankton's robot, despite being obviously made of metal and talking in RoboSpeak in ''Plankton's own voice''. Squidward doesn't fall for it, but plays along anyway when "Mr. Krabs" gives him the day off.²* PinocchioNose: A variant, every time Plankton/Robot Krabs says that he's Mr. Krabs, smoke puffs out from the robot's exhaust pipe. ²* PunBasedTitle: A pun on the Japanese dish that doesn't have any crab but is made of flour and fish instead while still meant to mimic the taste of crab. ²* RealTime: When [=SpongeBob=] somehow activates Robot Krabs coin-operated self destruct, it states the robot will self-destruct in ten seconds. Indeed exactly ten seconds elapse between that announcement and the time Robot Krabs explodes.²* RobotMe: Plankton creates a robot double of Mr. Krabs to get the Krabby Patty formula.²* RockyRollCall:²-->'''Mr. Krabs:''' Plankton!\²'''Plankton:''' Krabs!\²'''Mr. Krabs:''' Plankton!\²'''Plankton:''' Krabs!\²'''[=SpongeBob=]:''' [=SpongeBob=]!²* SayingSoundEffectsOutLoud: After eating spaghetti, Robot Krabs says "Belch" rather than actually belching. Also, his DramaticGasp when Mr. Krabs appears is him just saying "Gasp".²* SecretHandshake: [=SpongeBob=] has a long, elaborate one with Mr. Krabs. It takes over ''six-and-a-half hours'' to do!²* SkywardScream: When [=SpongeBob=] informs Mr. Krabs, who is wondering where Squidward is, that he gave Squidward the day off, Mr. Krabs' irises narrow to pinpricks, as he says, "Day..." and screams, "'''OOOOOOOFFFFFFFFFFFF?!?!?'''" Even better in Indonesian dub where it's turned into {{Angrish}}.²* SpotTheImpostor: [=SpongeBob=] gives the two Krabs a series of questions he thinks only the real Mr. Krabs would know. The first two are generic questions that anyone who's been to the Krusty Krab can answer and Robot Krabs answers them both. The third question is one that is so complicated that even the real Krabs can't answer. ²* ThrowingTheDistraction: To get rid of Krabs, Plankton throws a penny and Krabs follows it as it rolls out the door. It later rolls back inside, leading Krabs to Plankton just as he's about to get the formula.²* TitleDrop: "So long, Imitation Krabs, bye-bye!"²* TooDumbToLive: [=SpongeBob=] as usual, completely falling for Plankton's [[PaperThinDisguise robot Krabs "disguise"]] every step of the way. Even worse during the SpotTheImpostor part, where he's ''blatantly'' favouring the imitation Krabs to be the real one: When the real Krabs answers the second question correctly, [=SpongeBob=] asks another related question as if expecting the other Krabs (the imitation one) to answer it. Then during the third question, when the real Krabs failed to answer it, [=SpongeBob=] immediately kicks him out even though imitation Krabs ''hadn't even given an answer yet''. To top it off, after he kicked out the real Krabs, he told the imitation Krabs that he "[[WhatAnIdiot knew it all along]]" that he (the imitation) is the real Krabs. It's a miracle that Mr. Krabs doesn't fire him by the end of the episode.²** Plankton also counts. He rushed all the way back to the Chum Bucket as the self-destruct sequence nears its end, ''blowing up his own restaurant''.²----
Context Recap / SpongebobSquarepantsS2E4DyingforPieImitationKrabs
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Lovely villa near shops and beach looked after by a lovely maidMr Mossman, July 2018
Lovely villa, nice quiet location, outside space and BBQ was brilliant. The pool and grounds were kept clean and immaculate. We all had a lovely time and beach is beautiful.Mrs Holder, September, 2017
A fabulous cosy villa with lovely swimming pool surrounded by countryside, sea in the distance, very private but not remote. Good sized bedrooms and spacious kitchen and utility area. Every household amenity. Location is good with a 20 min walk to two different beaches, Benagil and Maharina. Close to the town, 5 minute drive and about 10 minutes to fantastic supermarket in Lagoa. Definitely would advise a car to explore and shop. We highly recommend the villa. We loved it. The villa has a lovely large garden all fenced and gated so if you have young children there is no fear of losing them.Mrs Turner, July 2015
Excellent holiday. Villa was superb. Location idyllic as we wanted. We would definitely recommend this villa to anyone.Mr Bibey, July 2013
What a lovely villa, lovely location, plus friendly and very helpful maid.Mr Colmer, June 2013
The villa is spacious and comfortable. Located in a quiet area ideal for those wishing to escape for some rest and relaxation. Only a short drive from beautiful beaches and caves. Nearby areas have plenty of bars, restaurants, and nightlife. Lots of waterparks, zoos, and other attractions all within 30min drive! Car recommended.Mr Field, May 2018
Lovely villa. Spacious, great, quiet location. Perfect for the family. Best villa we've stayed in yet!Mrs Kirk, August, 2018
Excellent location with easy access to beaches and restaurants. Villa comfortable and well equippedMr Yeomans, June 2018
Absolutely great holiday as usualMr Colmer, August, 2016
Wonderful villa, great location, fabulous weather (28 - 31) Great holiday. Can't wait to go backMr Coburn, September, 2016

subset: commoncrawl


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- Fri-8-Aug: Amtrak tickets to Chicago, tickets to the White Sox game, overnight at the Westin on Michigan Ave.
- Sat-9-Aug: Go Chicago Card (free admission to museums and sites in Chicago), tickets to the Cubs game, overnight at the Westin.
- Sun-10-Aug: Go Chicago Card, Amtrak back to Grand Rapids.
- Alternative prize is $2,000 cash.
Third Prize: $750 cash
Click here for a printable flyer with all the details. Click here for a flyer for the players detailing prizes they can win for selling tickets.
- Tickets cost $20 each.
- The drawing takes place on Family Day, Sat-7-Jun.
- Individual players who sell five or more tickets will win a Southern Little League sports bottle.
- The team in each division that sells the most tickets will win a pizza party.


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Planet Positive Summer BBQ
Living Positive Victoria
Saturday, 12 December 2015 from 1:00 pm to 5:00 pm (AEDT)
Event Details
A social afternoon for
positive people, their family
and friends
Enjoy great food, beverages and door prizes in a safe and friendly environment.
(No cover charge)
Date: Saturday 12th December
Time: 1.00pm – 5.00pm
Venue: DT's Hotel
164 Church St, Richmond
(Cnr Church St & Highett St)
RSVP: Thursday 10th December
Contact 03 9863 8733 or
Eventbrite: http://ppsummer2015.eventbrite.com.au
When & Where
DTs Hotel
164 Church Street
cnr Church St & Highett St
Saturday, 12 December 2015 from 1:00 pm to 5:00 pm (AEDT)
Add to my calendar
Living Positive Victoria
Living Positive Victoria is a community-based organisation that works to advance the human rights and wellbeing of people living with HIV.
Our mission is to educate, support and advocate on behalf of all people living with HIV in Victoria, as part of a the response that seeks an end to the HIV epidemic.


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The Adult Forum will take place tomorrow at its new time—10:30 am Sunday mornings in the Adult Forum Room. Grab a cup of coffee and join us for lively discussion on scripture and faith! For the next few weeks we will be discussing the many reformers beyond Luther and how their work is connected to present day denominations
Categories: Men Womens Group


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Note: This recipe is for anyone following a vegetarian (meat-free) diet.
Do you skip breakfast because there's no time to make it? This smoothie is ready in minutes and is loaded with vitamins.
Prep time: 5 minutesIngredients:
Serves: 2
Serving size: 1-1/3 cup
Nutritional analysis (per serving):
175 calories
7 g protein
3 g fat
33 g carbohydrate
3 g fiber
2 mg cholesterol
33 mg sodium
131 mg calcium
1.3 mg iron
Note: Nutritional analysis may vary depending on ingredient brands used.
Variations and suggestions:
Try a variety of berries and different flavors of yogurt.
Reviewed by: Allison Brinkley, RD, LD/N
© 2019 Brenner | Site Policies & Statements
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Stained Glass Christmas Cookies are beautiful, delicious, and easy to make Christmas cookies. This Christmas cookie recipe is soft butter cookie dough, rolled out and cut into holiday shapes. The cookies are filled with melted candies so the center looks like stained glass. They're the perfect addition to any holiday cookie platter!
Part of the magic of the Christmas season for me is enjoying it through the eyes of children. My heart melts when I watch their wide-eyed awe the first time they experience snow, or the way they giggle with glee when they see a Christmas tree light up. Their little hearts are filled with so much happiness that it becomes contagious to everyone around them!
Aren't these the prettiest Christmas cookies ever?! Making this delicious Christmas cookies recipe couldn't be any easier, and it's fun, too! Making stained glass Christmas cookies is a great way to share holiday baking with your kids or grandkids. They make wonderful holiday food gifts, either to eat, or to hang as homemade Christmas tree ornaments!
The most difficult part of this recipe is being patient while the dough firms up in the refrigerator. That will be the perfect time to sip on a mug of homemade hot chocolate and maybe share your Christmas wishes with one another, or explain what Christmas means to you.
How to Make Stained Glass Christmas Cookies
Start with a basic cut-out style cookie recipe. You can use butter cookie dough, shortbread, gingerbread, or even plain sugar cookie dough. Make things even more convenient by using refrigerated sugar cookie dough if you want to!
You can use any cookie cutter shape that you'd like, but keep in mind that you'll need to find a similar shape, in a smaller size, to create the stained glass portion. Since it's easy to find various sizes of [amazon_textlink asin='B001ET5YRU' text='star shaped cookie cutters' template='ProductLink' store='chebecskit-20′ marketplace='US' link_id='a920ca32-c029-11e7-94e0-452ccabdee34′], that's what I used.
After you have cut out the basic shape and removed the inner portion, chill the dough so that the shapes don't spread during baking. That's a great time to crush up the Jolly Rancher candies to place into the center of the stained glass cookies. Kids can definitely help with this!
To create the "glass" for the stained glass Christmas cookies:
Place 6-8 pieces of a single color of candy into a gallon sized plastic bag. Make sure that the bag is completely sealed, then cover it with a dish cloth. Use a rolling pin or meat mallet to hit the bag, crushing the candies. Don't crush them too finely – you want tiny shards of candy, not a fine powder. Repeat this step for each color you want to use.
Remove the cookies from the refrigerator and let your oven preheat the oven. Meanwhile, place the crushed candies into the centers of your cut-outs. Use a toothpick or small knife to push the candy into any tight corners.
After the cookies are finished baking, keep little fingers away from them, at least until the center has cooled.
A couple of things you'll need to make STAINED GLASS CHRISTMAS COOKIES:[amazon_link asins='B004YGQK5K,B00282JL7G,B06Y5NMPTJ' template='ProductCarousel' store='chebecskit-20′ marketplace='US' link_id='b9a15fb9-df5e-11e7-abb3-5d1d9e24188c']
Stained Glass Christmas Cookies
- 3 cups (13 ounces) all-purpose flour
- 3/4 teaspoon baking powder
- 1/4 teaspoon salt
- 1 cup (8 ounces) unsalted butter, softened
- 1 cup (7.5 ounces) granulated sugar
- 1 large egg, beaten
- 1 Tablespoon milk
- 2 teaspoons clear vanilla extract (almond or lemon extract work, too)
- Powdered sugar, for rolling out the dough
- Assorted colored hard candies, such as Jolly Ranchers or Lifesavers
- Select two cookies cutters, making sure that one is small enough to fit inside of the other with at least 1/2 inch of cookie border around it.
- Sift together flour, baking powder, and salt. Set aside.
- Place butter and sugar into large bowl of an electric stand mixer and beat until light in color. Add egg and milk and beat to combine. Turn mixer to low speed and slowly add flour, mixing until the dough pulls away from the side of the bowl. Divide the dough in half, wrapping each in plastic wrap, and refrigerate for at least 1 hour (or as long as overnight).
- Sprinkle surface where you will roll out your dough lightly with powdered sugar. Line 2 cookie sheets with parchment paper or a silicone baking mat.
- Remove 1 wrapped pack of dough from refrigerator. Sprinkle rolling pin with powdered sugar and roll out dough to 1/4-inch thick. Move the dough around and check underneath frequently to make sure it is not sticking. If dough softens too much during rolling, place a cold cookie sheet on top for 10 minutes to chill, or place the dough back into the refrigerator.
- Using the larger cookie cutter, cut dough into desired shape. Use smaller cookie cutter to cut out the middle of each cookie. Transfer cookies to prepared cookie sheets, spacing them at least 1 inch apart. Place cookie sheet into refrigerator for 10-15 minutes while you prepare the candy to become stained glass centers.
- Heat your oven to 350 F.
- Unwrap and separate the hard candies into various colors, placing each color into a small zip top bag. Seal each bag tightly. Place a light dish towel over one bag.
- Using a rolling pin or something similar, carefully smash the candies into small pieces. Don't smash too hard, as you want "shards" of candy, not a fine powder.
- Repeat the above steps with the other refrigerated ball of cookie dough.
- Fill the center of each cookie with ½ to 1 teaspoon of crushed candy. Use a toothpick or tip of a small knife to work the candy into the corners.
- Bake for 10-12 minutes, or until cookies are just beginning to turn brown around the edges and candy is hot and bubbling, rotating cookie sheet halfway through baking time.
- The candy will be bubbling when it comes out of the oven. This is normal and it will spread out and the bubbles will disappear when they cool down.
- Let baked cookies stay on baking sheet for 3 minutes after removal from oven, then transfer to a wire rack to finish cooling.
- Store in an airtight container at room temperature for up to 1 week or freeze for up to a month.
Recipe Nutrition
This stained glass cookies recipe first appeared in 2016, as a guest post on Around My Family Table.


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Discounted Market Sale
Some local authority areas offer what's known as Discounted Market Sale homes. You buy your home at a discounted rate, usually 20% less than the market value, and when you come to sell, the property will be sold at the same discounted percentage.
So if you bought at 80% of the full market price, when you sell, you'll get 80% of the full value of the property at the time of the sale.
To qualify for this type of property you will generally need to have a local connection to the area the property is in but the local authority will be able to advise on any specific restrictions.
Extra Care Schemes
Extra Care housing supports older people to live independently in their own home.
Extra Care developments provide purpose built apartments in a community setting, with access to on-site care and support services that can be tailored to your needs.
The ExtraCare Charitable Trust supports older people in Retirement Villages and Housing Schemes across the Midlands. Find out more by visiting: www.extracare.org.uk
Forces Help to Buy Scheme
If you're a regular serviceman or servicewoman in the armed forces, the Forces Help to Buy scheme could let you borrow up to 50% of your salary to a maximum of £25,000, interest free. This advance of salary is for buying your first home, moving to another property on assignment, or as your family's needs change.
All regular service personnel are eligible who:
- 1) have completed the pre-requisite length of service
- 2) have more than 6 months left to serve at the time they apply
- 3) meet the right medical categories.
However, there may be instances where exceptions to the standard rules may be justifiable, especially where you have extenuating medical and personal circumstances.
You can apply for the advance online through the Joint Personnel Administration system and can seek advice on your application through your chain of command and human resources.
For more information, you can also contact the Joint Services Housing Advice Office (JSHAO) on 01252 787574, email
firstname.lastname@example.com or click here to find out more.
Help to Buy ISA
The Help to Buy ISA closed to new accounts at midnight on 30 November 2019. If you have already opened a Help to buy ISA you will be able to continue saving into your account until November 2029.
If you are saving to buy your first home, save money into a Help to Buy: ISA and the government will boost your savings by 25%.
So, for every £200 you save, you can receive a government bonus of £50. The maximum bonus you can receive is £3,000.
To qualify for a government bonus, the property you are buying must have a price of £250,000 or less (or a higher price limit of £450,000 in London) and you must be a first time buyer.
Find out more from the government's website here.
Home Ownership for people with long term disabilities (HOLD)
Home Ownership for people with Long-term Disabilities (HOLD): Q&A
What is HOLD?
Home Ownership for People with Long-term Disabilities (HOLD) is not a separate housing product but a route into shared ownership. Applicants should apply for affordable home ownership assistance in the standard way, through their Help to Buy agent and must meet the Agency's general eligibility criteria (that is, they should be first time buyers or be defined as being in housing need) with a household income of less than £80,000 per year.
What kinds of properties are available?
Applicants for Government-funded affordable home ownership assistance have access to a range of new build properties produced with Homes and Communities grant-funding. If a property that meets the applicant's needs is available through a Registered Provider's shared ownership stock, the applicant will be expected to accept the offered property.
What happens if existing shared ownership properties are not suitable for my needs?
If there are no shared ownership properties available in a particular area or the existing shared ownership properties are unsuitable, purchase of a property on the open market may be considered. This is fully dependent on a participating Housing association.
In these cases if a provider is known your Help to Buy agent will be able to refer you to this specialist Registered Provider who may be able to assist you further.
This will also be dependent on the specialist provider being able to financially support the purchase. Applications HOLD funding in these cases will require a letter of support from the applicant's Local Authority, stating that the applicant has a specific disability that means that standard new build shared ownership properties are unsuitable in their area, or that an applicant needs to live in a particular area where no suitable shared ownership properties are available.
If HOLD is not available in your area your Local Authority will be able to discuss the other housing options available to you to meet your needs, this may not be linked to home ownership but may be via alternative options such as local authority rental schemes.
Important additional information
HOLD is a voluntary scheme. The provision of HOLD funding is dependent on variety of factors. A specialist Registered Provider offering HOLD assistance within a particular area is required; the Registered Provider must have an existing HOLD allocation or be taking part in the HCA's wider funded programmes.
Here is the current qualifying criteria for HOLD. Buyers must be:
- Between 18-60 years old with a clean credit history and no outstanding debts.
- In receipt of Disability Living Allowance High or Middle Rate Care (under 60s) or Attendance Allowance (over 60s) together with other qualifying benefits.
- Unable to work in conventional employment (under 60s only).
- Ideally looking to live on their own.
- In possession (or in the process) of arranging a suitable Care and Support package, either with a Local Authority, a private care provider or the buyer's family.
- Able to put down a deposit and pay fees associated with buying their new home - this costs c.£17,000 (this includes a 10% deposit on their share of the property PLUS getting them ready for home ownership and ensuring it's sustainable) AND able to contribute to their housing costs of c.£30 per week.
Applicants are strongly advised to get financial advice on what assistance may be available to them and their ability to afford shared ownership.
If you are claiming disability benefits and want to buy a shared ownership home of your own, then contact My Safe Home Ltd who can give you advice about your options and all the support you might need to help you get onto the property ladder.
Call them on 024 7640 2211 or email firstname.lastname@example.com
Visit their website at: www.mysafehome.info to find out more.
Intermediate Rent
Intermediate Rents offers new build homes to rent at 80% (or less) of typical market rents.
Homes are available through a range of housing associations on an assured shorthold tenancy, usually for an initial period of six months. This is reviewed regularly.
The expectation is that the savings made on the reduced rent will be used towards a deposit to enable the purchase of a property at a later date.
Older Persons Shared Ownership (OPSO)
If you are aged 55 or over, the OPSO scheme in England could help you buy any home that's for sale on a shared ownership basis (part-rent/part-buy). You could buy a share of your home (between 25% and 75% of the home's value) and pay rent on the remaining share.
It works in the same way as the general shared ownership scheme, but you can only buy up to 75% of your home. Once you own 75% you won't have to pay rent on the remaining share.
You could buy a home through the OPSO scheme if you're aged 55 or over and meet the following criteria:
- your household earns £80,000 a year or less outside London, or your household earns £90,000 a year or less in London
- you are a first-time buyer, you used to own a home but can't afford to buy one now or are an existing shared owner looking to move.
Only military personnel will be given priority over other groups through government funded shared ownership schemes. However, councils with their own shared ownership home-building programmes may have some priority groups, based on local housing needs.
Rent to Buy
Rent to Buy offers new build homes to rent for a pre-defined period of time with the expectation that you will buy a share of the property at the end of the rental period.
Homes are available through a range of housing associations on assured shorthold tenancies with an affordable rent of 80% (or less) of market rents. The rent is payable for a pre-defined and limited period, after which time there is an expectation that you will purchase the property on the terms of Shared Ownership. The rental period provides you with the opportunity to save for a deposit towards buying a share in the home, enabling you to access mortgage availability.
Some housing associations offer variations of Rent to Buy. Some of these schemes are marketed with different names, for example "Try Before You Buy" or "Rent Save Buy", etc. Please enquire with the relevant housing association to clarify the terms under which the scheme you are interested in is being offered.
You will have the opportunity to purchase a share in the property throughout your tenancy. At the end of the rental period, you will be assessed to determine your affordability and eligibility to purchase a share in the property.
If your circumstances have changed and you are no longer able to afford to buy, your landlord may review your tenancy. Please note that there is no guarantee that your tenancy will be renewed after each of the agreed periods.
Right to Buy
Right to Buy is a government initiative which can enable some tenants to purchase their existing home at a discounted rate. If you are eligible for Right to Buy, you can get a discount on the market value of your home when you buy it.
If you've been a public sector tenant for three years or more, now might be the perfect time to think about buying your home.
The Right to Buy scheme helps eligible council and housing association tenants in England to buy their home with a discount of up to £82,000 (for homes outside London).
Your home could be an asset and an investment for years to come, for you and your family - giving you the security that home ownership can bring.
For further information visit: https://righttobuy.gov.uk/
Discontinued Schemes
If you purchased your property through one of the previous affordable homes schemes or your Help to Buy Equity Loan property has been finalised then any queries should be taken to the mortgage administrator Target HCA.
You can contact them on:
Website: www.myfirsthome.org.uk
Tel: 03458 480235
Post: Target HCA, PO Box 911, Newport, NP20 9PA.
Discontinued schemes include:
- First Time Buyers Initiative
- HomeBuy Direct
- FirstBuy


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Q. 665.0( 1 Vote )
Answer :
(a) X- Wild Cabbage (Brassica oleracea) is made to produce 5 different varieties of vegetables by artificial selection.
(b) These 5 different looking vegetables are Cabbage, Kohlrabi, Kale, Broccoli, and Cauliflower.
(c) The process of evolution involved in this example is known as Artificial Selection. Artificial Selection is the intentional reproduction of individuals having desired characteristics.
Rate this question :
Select the incorrect statementNCERT - Science Exemplar
One of the examples of two analogous organs can be the wings of parrot and ……….Science - Board Papers
A blue color flower plant denoted by BB is crossbred with that of white color flow plant denoted by bb. (a) State the color of flower you would expect in their F1 generation plants.
(b) What must be the percentage of white flower plants in F2 generation if flowers of F1 plants are self-pollinated?
(c) State the –expected ratio of the genotypes BB and Bb in the F2 progeny.Science - Board Papers
List three distinguishing features, in tabular form, between acquired traits and the inherited traits.Science - Board Papers
(a) Planaria, insects, octopus and vertebrates all have eyes. Can we group eyes of these animals together to establish a common 'evolutionary origin? Justify your answer.
(b) "Birds have evolved from reptiles". State evidence to prove the statement.Science - Board Papers
According to the evolutionary theory, formation of a new species is generally due toNCERT - Science Exemplar
A very small population of a species faces a greater threat of extinction. Provide a suitable genetic explanation.NCERT - Science Exemplar
Which of the following gas was not present in early earth atmosphere?Lakhmir Singh & Manjit Kaur- Biology
If the fossil of an organism is found in the deeper layers of earth, then we can predict that:Lakhmir Singh & Manjit Kaur- Biology
One of the following has not been produced from wild cabbage by the process of artificial selection. This one is:Lakhmir Singh & Manjit Kaur- Biology


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Final Project Reflection
For my final project, I was inspired by a pokéball-themed Nintendo Switch cartridge case that I found on YouTube. My initial idea was to make six pokéballs and case/stand based on the recovery machine in pokémon centers. After considering the amount of time needed to complete the project, I cut the number of pokéballs to three, and changed the idea for the case/stand to the incubator that contained the three starter pokémon in the first episode of the anime. I also decided to have one of the pokéballs contain a small Pikachu plush rather than Nintendo Switch games. With that in mind, I needed to decide what pokéballs I would make. I, initially, was going to make one regular pokéball, one master ball, and one unique pokéball that I would design. After discussing my idea with Duncan, it was decided that I would instead design three unique pokéballs. The two pokéballs that would hold Nintendo Switch games would be based on the Overwatch logo and the Smash Ball item from the Super Smash Brothers series. The last pokéball would be based on Pikachu.
I had quite a few challenges in this project. The spring releases weren't as strong as I had hoped they would be. I had some trouble keeping the buttons positioned so that they could hold the balls closed. I had multiple parts break during assembly, and two parts fail halfway through their prints. I hadn't anticipated that so many parts would break, so that threw off my schedule for the project. Due to this shift in my schedule, I was only able to paint two of the pokéballs and use a primer on the case/stand. Despite the setbacks, I am very proud of how well the Smash Ball came out. I also feel that the laser print design for the case/stand came out well, considering that it was my first time using Fusion 360.
Overall, I had three learning goals: Improve my time management by making a schedule of what I needed done by a certain time, making more use of the tools at my disposal, and asking for help whenever I was confused. I did accomplish my learning goal of making a schedule for better time management, but I did not account for the possibility of parts failing. Not including the case/stand, I needed to print fifteen separate parts. I began printing on Thursday with a plan of printing six parts that day, four on Friday, and five on Sunday. I created this plan factoring in that on Friday and Sunday I would only need to use 2 printers at once, so that I wouldn't be preventing others from completing their own projects. The plan seemed realistic, but I did not anticipate that multiple parts would fail. The setbacks caused by the broken parts caused my plan to fly off the rails, snowballing to the point in which I was having the last two parts of one pokéball printing from Monday night to Tuesday morning. Due to this result, I feel that I only partially accomplished my goal. I created a schedule, but I failed to stick to it due to a lack of flexibility in said schedule.
I definitely feel that I made use of the tools at my disposal while working on this project. When I made my 3D Printing and Scanning assignment, I simply imported my scans into Meshmixer, used the analyze tool to fix any errors, plane cut them, and then moved it over to Tinkercad to stitch the scans together. For this project, I actually used different tools such as inflate and flatten in order to morph the pokéball shells into the shape that I desired. I used Fusion 360, a software I had never used before, to design the laser printer file for the case/stand. I used power tools for a project for the first time. I needed to use a drill to widen the holes of the hinge of each pokéball. I actually also had to use a soldering iron and a heat gun for the first time to help secure the buttons into place. I also did foam smithing for the first time, using contact cement to glue foam to the wooden skeleton of the case/stand. I also painted something for the first time since I was about 6 years old, so that was fun. I definitely feel that I accomplished my goal of making better use of the tools at the fab lab.
For my final goal, I made sure to ask questions. Typically, when I feel stuck in a project, I would sit feeling defeated for a while. This time, I made sure to ask questions as soon as I felt that I did not know what to do. One person that I cannot thank enough is Brandon, who helped me with a large portion of my project. He taught me how to use Fusion 360 so I could design the case/stand. He taught me how to use a soldering iron and heat gun, and how to do foam smithing as well. When I was feeling lost after my parts broke, Brandon helped me get back on track by helping me with the case/stand while new parts were printing. I am very thankful for all of the help I received while making this project. If I hadn't been asking questions as soon as I had, my project would have been in much worse shape.
Over the course of the semester, I feel that I truly did learn something in this class. Before this course, I never really went out of my way to make new things. In this class, I learned how satisfying it is to come up with an idea and bring it into reality. Before this class, I never thought I would ever need to learn how to sew. Surprisingly, I would say that the project I am most proud of is the stuffed animal that I made in the Sewing and Digital Embroidery assignment. I may have gotten frustrated at one point while making it, but overall, I truly enjoyed making it. This class has definitely improved my confidence as a maker.
This class has made me feel different about the very concept of making. Since high school, I have wanted to work in some sort of lab as a chemist, making different products for the company that employs me. Whenever I thought of the word "maker," I always felt that the term applied to a select few that create inventions that have a lasting impact on the human race. This class has taught me that anyone can be a maker. This class gave me confidence in my ability to make things. It really showed how anyone can make something if they have access to the tools to create.
One of the most important lessons I received in this class is that it's not the grade that matters; it's the effort that really counts. I eventually got to a point in which I stopped caring about my grade, and started caring more about the projects themselves. I've enjoyed a lot of classes in my four years at this university. This is by far the most fun I've had in a class. Thanks to this class, I feel that I will feel more confident when asked to make something.Continue Reading


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Cape Town — Zimbabwe's ruling Zanu-PF party has axed President Robert Mugabe as leader and first secretary of the party, reports NewsDay from Harare.
This clears the way for Mugabe either to step down voluntarily or for Parliament to vote to remove him as president of the country.
The newspaper's website said the party's Central Committee took the decision to remove Mugabe. The committee also reinstated Emmerson Mnangagwa, who was dismissed from his party role as second secretary 11 days ago.
Mnangagwa's removal followed two days after Mugabe had fired him as the country's vice-president. This came after an incident in which Mugabe's wife, Grace, was booed by part of the crowd at a rally in Zimbabwe's second city, Bulawayo.
Mnangagwa, backed by Zimbabwe's army -- many of the top leaders of which served him and Mugabe in the country's liberation war in the 1970s -- have thus turned the tables on Mugabe.
Reports dating back to a Reuters news agency special report, published in September, suggest that Mnangagwa has long been planning for Mugabe's eventual departure.
Reuters said that "according to politicians, diplomats and a trove of hundreds of documents from inside Zimbabwe's Central Intelligence Organization reviewed by Reuters, Mnangagwa and other political players have been positioning themselves for the day Mugabe either steps down or dies."
The agency report suggested that Mnangagwa may bring opposition leader, and former Prime Minister in a coalition government, Morgan Tsvangirai, into government.
Reuters reported that "the documents and sources say Mnangagwa... envisages cooperating with Tsvangirai to lead a transitional government for five years with the tacit backing of some of Zimbabwe's military and Britain.
"These sources leave open the possibility that the government could be unelected. The aim would be to avoid the chaos that has followed some previous elections."


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Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
View All Calendars is the default. Choose Select a Calendar to view a specific calendar. Subscribe to calendar notifications by clicking on the Notify Me® button, and you will automatically be alerted about the latest events in our community.
August 14, 2019, 7:30 PM - 9:00 PM @ Veterans Memorial Park
Our final week of concerts in the park will be performed by a Beatles cover band,
"The Day Trippers". If you grew up in the era of the Beatles you will surely LOVE this band! Even if you weren't a great Beatles fan, you'll be surprised how many songs you will be able to sing along to! Don't miss out on this one!


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The new resto on Montreal's St-Denis St. has a name taken from history, potential for the future, and a present that could use some focus.
Restaurant review: Joséphine in search of a sparkling identity
★ 1/2 out of ★★★★
Address: 4007 St-Denis St. (Corner of Duluth Ave.)
Phone: 514-840-5015
Open: Wed.-Sun. 6 to 10 p.m.
Wheelchair access: Yes
Licensed: Yes
Reservations: Recommended
Cards: All major
Vegetarian-friendly: Not especially
Parking: On surrounding streets
Price range: Appetizers $14-$21; main courses $29-$38; desserts $8-$14
For the past few years, the most-discussed topic regarding Montreal restaurants has been the possibility that there are too many of them. I have heard chefs complain about this, as well as restaurateurs. The more-the-merrier types are all for it, while those of us who see restaurants shuttering at the same rate as video rental stores are not.
I've heard people dismiss the argument by saying it doesn't matter because the survival-of-the-fittest market decides, but I have long disagreed with the take that there aren't too many restaurants, there are just too many bad restaurants. Truth is, there are too many bad restaurants the world over. But in our city, there are too many restaurants to support our relatively small dining public, so many of the good ones are running at half capacity. This week's review made me ponder those debates once again.
Joséphine is the latest restaurant to occupy a building at the busy corner of St-Denis St. and Duluth Ave. that last housed the short-lived L'Escoffier and long-lived Le Continental. Opened in May, the restaurant is operated by four partners: Jason-Neil Tremblay-Leblanc, his wife Cathy Deschambault, Tim Auger and chef Simon Leblanc, a graduate of the ITHQ just down the street. Other key players include sommelier Sophie Allaire and designer Amlyne Phillips, known for her plant-heavy decor at such restaurants as Jatoba, Kampai Garden and Café Bazin.
And who is Joséphine? I was told the resto is named after Napoleon's wife, as Napoleon invented the celebratory act of opening a Champagne bottle with a sabre, and one of the restaurant's missions is to encourage people to drink sparkling wines. It's sort of a stretch, but hey, whatever.
Once seated, I saw their sparkling wine intentions on display: every place setting includes a Champagne flute. Allaire arrived holding a bottle of bubbly from the Jura and proceeded to tell us their intention is to "offer every diner a glass of sparkling upon arrival." I started doing the math, wondering how much that generous offer is going to cost them, when she added: "… for $13 a glass." OK, bit of a pressure tactic there, but you can always refuse, which I did while the other two at my table sipped away at the Jura bubbly. I've never seen this done before and, frankly, I'm not a fan.
Right off the bat, I was uneasy at this restaurant, and I wasn't sure why. The room is large, with some 80 seats including an appealing central bar, giving it a sort of bistro/brasserie ambience. And yet the menu is fussy and short — too short for a room that feels more like a heaping-bowl-of-mussels-and-steak-frites-brasserie kind of place. Though the room skews casual, there is a sommelier on the floor. And then there's the vintage French soundtrack (think Dutronc and Aznavour), but the menu isn't particularly French. Rarely have I dined at a restaurant that's so unfocused.
Same goes for the wine list, which includes interesting bottles that aren't listed by price (always my preference) or even alphabetically (odd but OK), but all mixed together under main categories of red or white, by region. Wines really should be listed by price, because there are a lot of us (hand raised) who don't care to go beyond the $70 mark, and reading through the entire list to find one in your price range is tedious.
OK, restaurant identity crisis rant over. How was the food? Well, I'm scratching my head over that, too. First off, it's expensive: main courses hover around $30. Fish and seafood don't come cheap, but the surrounding ingredients didn't contribute to the cause.
Second, the portion size of the appetizers is alarmingly small, whereas those of the main courses are overly generous. Take for example our first appetizer, a sort of surf-and-turf situation with mussels, clams and pork belly in a coconut curry sauce. When the plate arrived, I counted two mussels and one clam. The dish sells for $15, but the food cost is less than a dollar, especially as they forgot the pork belly.
A second version arrived with a small strip of pork, but though the sauce was delicious and the seafood was succulent, it was more of a glorified amuse-bouche than an appetizer. Also, suggestion to the kitchen: why not serve a main course dish of mussels with that nice curry sauce?
The next appetizer was a filet of "mi-cuit" trout served on a mousse of potatoes and smoked herring, and garnished with celery curls and leaves, as well as trout roe and crispy fish skin. Lots going on here, but in the end, the flavours were subtle, and instead of "mi-cuit" the flaky trout seemed to be "trop cuit."
I wasn't much more enthusiastic about the sweetbreads with escargots. Arranged on a thin strip of head cheese, the nugget of sweetbread was paired with whelks and sliced mushrooms. I liked that head cheese, but the rest was entirely forgettable — and dry, despite the leek and bacon vinaigrette.
My spirits brightened with the mains, starting with a large skate wing surrounded by vegetables including brussels sprouts, fennel, caramelized cauliflower and cauliflower purée, as well as a Grenobloise sauce working overtime to tie all those flavours together. The skate was beautifully cooked, as were the vegetables. It was all a tad greasy, but otherwise very good.
Same goes for a dish of John Dory. Served whole with ratte potatoes, roasted cauliflower, fennel confit and a bagna cauda vinaigrette, the fish was perfectly cooked, coming away from the bone in large chunks as it should. No complaints.
I did have one complaint with the final main, a filet of sirloin served atop a smoked marrow bone with mashed potatoes and a wine sauce. The meat was ideally medium-rare, the potatoes were silky and the bone was filled with luscious marrow. But why was it all served warm?
Before dessert, we shared a cheese plate featuring three local specimens that were scarfed back in minutes. Excellent, and highly recommended over the average churros with coffee caramel sauce, and a buckwheat financier with a yogurt mousse, meringue and rhubarb compote hardly worth the calories.
Service, alas, was as uneven as the food, with a waitstaff as nervous as cooking-school students. A high point was Allaire, whose recommendations were excellent and who let me taste a few different wines before settling on a glass. But that wine list needs a rethink, and how about upping the by-the-glass options?
I exited reflecting upon that too-many-restaurants topic. There are indeed too many when you see one like this that's trying out so many angles but ultimately failing to offer anything you can't find done better elsewhere. Joséphine shows potential, but by mid-meal I wanted to stand up like a Broadway director, clap my hands and shout out: "Focus, people, focus!" Until they do, Joséphine remains a restaurant in search of its raison d'être.
You can hear Lesley Chesterman on ICI Radio-Canada Première's Médium Large (95.1 FM) Tuesdays at 10 a.m., and on CHOM (97.7 FM) Wednesdays at 7:10 a.m.


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'Making Marshalltown Home'
Chamber launches new initiative
Getting folks to live, work, dine, go to school and enjoy leisure activities — all in Marshalltown — is the primary goal of the Marshalltown Area Chamber of Commerce.
The Chamber recently started a Facebook page called "Make Marshalltown Home – Where the Welcome Matters", moderated by Vonna Hayes, who serves as a Chamber Ambassador.
While the Chamber has always been interested in being the community's "welcome wagon," this initiative has become more concrete.
"The Chamber attempted to reinvigorate our welcome wagon program a number of years ago, but it was difficult to find the names of new residents to the community. Vonna began this work several years ago and in 2017, the program came under the Chamber," said Lynn Olberding, who serves as executive director. "Vonna collects the names and contact information for new residents to the community and provides a personal visit to those new residents, welcoming them to town. She also provides a 'welcome gift' of information, coupons, and goodies from Chamber members."
The Chamber works directly with local employers and realtors to makes these connections. Chamber staff and volunteers also lead tours, which can be personalized.
"The tours could be for people who are prospective employees of a local business, or new residents — they're customized to what someone's needs and interests are," she explained.
Olberding said welcoming newcomers to Marshalltown is multi-purpose.
"This is an opportunity for us to grow our community. When people live and not just work here, they get more engaged with civic causes, and more money goes into local government and our education system; it's about growth and economic development," Olberding said.
Encouraging people to "think local first" and spend their money in Marshalltown instead of shopping out of town or online, has been an on-going issue.
"We also realize that not all purchases can be accommodated by our local business community, but it's imperative that when possible we all try to make as many purchases locally. Those local business owners and managers are providing dollars to local events, kids' sports teams, and capital improvement projects. They are providing jobs to our friends and neighbors," Olberding said.
Within the next two months, the Chamber will host a public meet and greet event, to share these efforts with the community.
"We don't have a date set up yet, but it will most likely be held at the Fisher Community Center," Olberding added.
For more information, or to set up a personal tour with Hayes, contact her via social media at: www.facebook.com/Marshalltowncitygreeter/
Contact Sara Jordan-Heintz at: 641-753-6611 or firstname.lastname@example.com


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Looking for something new to do with those corks you have been collecting? Try these potted cork flowers that will add that bright spot to your desk or your mantle you've been searching for. Supplies Wine corks (you will need 7 per flower) Paint (whatever colors you want to make your flowers) Mini Pots (I…
Wine Crafts
The holidays may be over, but winter is here to stay. While you're stuck inside due to the cold weather, get creative with all of your leftover wine corks and make these adorable cork snowmen. Supplies Wine corks (champagne or regular) White Paint Black Sharpie Orange Craft Paper Ribbon Glue Scissors Directions Paint your corks…
Herb Markers
This is probably one of the easiest crafts you will ever do! Even if you know what all of your herbs/plants are in your garden these are so easy to make that you will want to create them just to dress things up.
Glitter Wine Bottle Vases
Using wine bottles as a vase is not a new idea, so why not add some flair (cough, cough… glitter) to those bottles to give them even more style. We know sometimes glitter can get out of hand very quickly, but by just adding a touch of it at the bottle of each bottle you…
DIY Wine Cork Headphone Holder
If you hate untangling your headphones every time you go to use them (and we know you do) try this super quick and easy way to keep them tangle free using a wine cork.
Turkey Wine Cork Name Cards
While you might not need to put place cards out for your Thanksgiving dinner, (because let's be real, everybody normally sits in the same seat every year) these Turkey Wine Cork Name Cards are too cute not to add to your table this year. And don't worry, they're super simple to make so you won't…
Wine Jack-O-Lanterns
It's almost scary how cute these wine (and Jack Daniel's) Jack-O-Lantern bottles are. Not only are they the perfect addition to your Halloween decor, but they're fun to make and you get to enjoy the beautiful fall weather in the process!
Wine Cork Bulletin Board
Keep saving those wine corks and then get organized in style with this Wine Cork Bulletin Board tutorial by A Beautiful Mess. It's a great way to keep track of everything important and you'll love looking at it too!
DIY Beach Wine Bottle Keepsake
Everyone loves a great day at the beach with friends! Why not commemorate the day by taking some sand home with you… on purpose, not just the sand you can't get rid of! Simple, customizable to your style and the perfect keepsake so you're reminded of all of the fun everyday.
Wine Bottle Tiki Torches
Keep those pesky bugs away this summer while you enjoy the great outdoors with this great tutorial for Wine Bottle Tiki Torches by Hello Glow.


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Your Atlanta BeltLine connects millions of people across Atlanta to trails and transit, better health, housing and jobs, art and education, volunteering, community and culture — and to one another
- This event has passed.
FitWit Boot Camp
August 4, 2018 @ 8:30 am - 9:30 amFree
One of the hottest fitness classes in Atlanta is coming to D.H. Stanton Park! Join us for these free, 60-minute workouts. Classes are designed for all fitness levels, combining equipment and natural landscapes. For ages 18 and up.
Led by: FitWit


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Navigating Maritime Personal Injury and Death Cases
Admiralty Law Section
Winter 2016
Navigating Maritime Personal Injury and Death Cases
Navigating Maritime Personal Injury and Death Cases
By Arthur A. Severance, Esq.
Recovery for personal injury and death that occurs on or is caused by vessels and at sea is subject to a number of federal maritime statutes and provisions of general maritime law that can be difficult to navigate.
Causes of action and damages recoverable depend on whether the plaintiff is an employee or a passenger (aka "status") and/or the location where the injury or death occurs (aka "situs"), and in the case of longshore and harbor workers, both. Thus, in the quintessential maritime slip and fall case, in which a plaintiff falls overboard when walking up a gangway to board a vessel, who can be sued and for what damages varies depending on whether the plaintiff is a passenger on the vessel, a seafarer, or a longshore worker.
The statute of limitations on maritime torts, including the ones discussed herein, is three years from the time of injury or death, unless otherwise noted.
Liability under federal maritime law for personal injuries and death to passengers, guests, visitors, and anyone who is not in an employment relationship with the defendant (collectively "Passengers"), while in some respects similar to liability under state law, has some notable differences.
Under federal maritime law,
Passengers have three basic causes of action for personal injury: (1) a general maritime cause of action for negligence against alleged tortfeasors, and (2) two statutory causes of action against a vessel's owner, master (aka captain), officers, and even
the vessel itself
under certain circumstances.
Kermarec v. Compagnie Generale Transatlantique,
Passengers also have two statutory causes of action for wrongful death: (1) a state cause of action for deaths that occur within three nautical miles of the coast, and (2) a cause of action under the Death on the High Seas Act, 46 U.S.C. §§ 30301
et seq.,
for deaths that occur more than three nautical miles from the coast.
Yamaha Motor Corp., U.S.A. v. Calhoun,
1. Liability to Passengers for Negligence
Under general maritime law, the elements of a claim of negligence are the same as under state law: duty, breach, causation (both cause in fact and proximate cause), and damages.
See, e.g., In re Cooper/T.Smith,
929 F.2d 1073, 1077 (5th Cir. 1991)
(per curiam); In re Fun Time Boat Rental & Storage, LLC,
431 F. Supp. 2d 993, 1000 (D. Ariz. 2006).
However, unlike the common law, general maritime law draws no distinction between the duty of care vessel owners owe to invitees and licensees. Instead, vessel owners owe the same duty of reasonable care to everyone that is not employed in service to the vessel.
See Kermarec,
358 U.S. at 630. "It is a settled principle of maritime law that a shipowner owes the duty of exercising reasonable care towards those lawfully aboard the vessel," in other words, to those "who are on board for purposes not inimical to [the vessel owner's] legitimate interests . . . ."
Id. at 630, 632; The Steamboat New World v. King,
In re Catalina Cruises, Inc.,
137 F.3d 1422, 1425 (9th Cir. 1998).
Under this rule, courts have held that vessel owners do not owe a duty of care to anyone who takes, boards, or uses a vessel without its owner's authorization, except not to purposely injure the individual.
Garrett v. U.S. Lines, Inc.
, 574 F.2d 997, 999 (9th Cir. 1978) (owner not liable for injuries to a passenger who boarded against instructions);
In re Group Therapy, Inc.,
280 F. Supp. 2d 21, 24 (W.D.N.Y. 2003),
aff'd in relevant part sub nom. Clementi v. Comm'l Union Ins. Co.,
92 Fed. Appx. 826 (2d Cir. 2004);
In re S & T Fishing, Inc.,
2002 A.M.C. 375, 379 (D. Haw. 2001) (owner not liable for injuries a passenger suffered while boarding without express instruction or permission);
Royal Ins. Co. of America v. M/Y ANASTASIA,
1997 A.M.C. 2172, 2177 (N.D. Fla. 1997) (finding that a vessel owner would not owe a duty to a trespasser).
In sum, vessel owners owe a duty of reasonable care to Passengers and no duty of care to trespassers, except refraining from purposeful injury.
2. Statutory Liability to Passengers
In addition to the general maritime law cause of action for negligence, Passengers have two statutory causes of action for personal injury. Under the first, a Passenger can sue a vessel owner, the vessel's master, and the vessel itself for personal injuries caused by a failure to comply with inspection standards or manning requirements or by a known defect in the vessel. 46 U.S.C. § 30102;
see id.
§§ 3101-4705, 8101-9308. Under the second, anyone can sue a vessel's "master, mate, engineer or pilot" for personal injuries caused by negligence, willful misconduct, or failure to obey navigation laws. 46 U.S.C. § 30103.
The ability to sue a vessel is one of the unique aspects of maritime law. As discussed below, under federal maritime law many plaintiffs have the right to sue vessels that cause injury or death.
3. Liability for Wrongful Death
Liability for wrongful death under general maritime law depends where the facts causing death occurred. When deaths are caused within one marine league (aka three nautical miles) of the United States ("territorial waters"), state law supplements federal maritime law to provide a remedy and state wrongful death statutes apply.
Yamaha Motor Corp., U.S.A. v. Calhoun,
46 U.S.C. § 30302. Beyond territorial waters (i.e., on the high seas), a "decedent's spouse, parent, child, or dependent relative" can sue alleged tortfeasors
and vessels
for pecuniary loss under the Death on the High Seas Act ("DOHSA"), 46 U.S.C. §§ 30301
et seq.
(formerly codified at 46 U.S.C. app. §§ 761
et seq.).
However, plaintiffs in DOHSA actions cannot recover non-pecuniary damages (i.e., loss of society, loss of consortium, and punitive damages).
§ 30303.
Seafarers (aka seamen) are individuals who are employed to work on a vessel. They can bring the same general maritime law and statutory claims against third parties as Passengers.
Against their employers, they have additional remedies. Seafarers have traditionally been treated as a special class entitled to special protection under federal maritime law; they are the "wards of admiralty" due to their particular vulnerability to the perils of the sea, foreign travel, and the vagaries of masters.
See Chandris, Inc. v. Latsis,
Isbrandtsen Co. v. Johnson,
Unlike the recovery of Passengers, which depends on the place or situs where an individual is injured or killed, recovery as a seafarer, whether under the general maritime law or federal maritime statues "is fundamentally status based . . . ."
515 U.S. at 355, 359-360. An individual can recover as a seafarer if he or she has an employment-related connection to a vessel in navigation that is substantial both in terms of duration and nature, regardless where injury or death occurs.
at 359-360, 370.
Each of the elements of seafarer status has been heavily litigated. However, there are a few helpful rules of thumb for determining whether an individual may be entitled to recovery as a seafarer: An individual must "contribute to the function of the vessel or to the accomplishment of its mission . . . ."
at 357 (internal citation, quotation, and alteration omitted). Furthermore, the individual must generally spend at least 30% of his or her time on a vessel or an identified fleet of vessels.
See id.
at 366, 371. A vessel is "in navigation" if it operates on navigable waters.
Stanfield v. Shellmaker, Inc.,
869 F. 2d 521, 524 (9th Cir. 1989). It remains in navigation even if it is anchored, tied to a dock, or undergoing repairs for a short time, even in drydock, but not if it is undergoing a major renovation or overhaul.
343 U.S. at 373-374.
1. The Jones Act
The Jones Act, 46 U.S.C. § 30401 (formerly codified at 46 U.S.C. App. § 688(a)), is the exclusive remedy that a seafarer has against his or her employer for negligence and wrongful death attributable to the employer or the master or crew of the vessel on which the seafarer serves.
See id.; Ivy v. Security Barge Lines, Inc.,
606 F.2d 524, 534 (5th Cir. 1979). The Jones Act extends the duties and liabilities that employers owe to railroad workers under the Federal Employers Liability Act ("FELA"), 45 U.S.C. §§ 51
et seq.,
to seafarers, and case law regarding FELA applies to the Jones Act.
Miller v. Am. Dredging Co.,
Jones Act claims, unlike most other claims under maritime law, are entitled to jury trials. 46 U.S.C. § 30104. They may be filed in state or federal court. However, if they are filed in state court, they may not be removed to federal court, even where there is diversity of citizenship.
Lewis v. Lewis & Clark Marine, Inc.,
28 U.S.C. § 1445(a); 46 U.S.C. § 30104.
The Jones Act, like FELA, has a "relaxed," "featherweight," or "slightest" causation standard under which a seafarer need only prove that an employer's negligence played any role, "no matter how small," in causing the seafarer's injury.
CSX Transp., Inc. v. McBride,
Gautreaux v. Scurlock Marine, Inc.,
107 F.3d 331, 335-36 (5th Cir. 1997);
Comeaux v. T.L. James & Co.,
702 F.2d 1023, 1024 (5th Cir. 1983).
2. Unseaworthiness
In addition, seafarers have a general maritime law cause of action for unseaworthiness against the owner of a vessel and against the vessel itself
in rem. The Osecola,
In re Hechinger,
890 F.2d 202, 207 (9th Cir. 1989). This cause of action arises because vessel owners have an absolute duty to provide seafarers with seaworthy vessels, meaning that the vessel and its appurtenances, "including the hull, the decks, or the machinery," must be "reasonably fit for their intended use."
890 F.2d at 207;
Mitchell v. Trawler Racer, Inc.,
362 U.S. 539, 549-50 (1960). Vessel owners are strictly liable to seafarers for injury and death caused by the breach of this warranty of seaworthiness.
See Mitchell,
362 U.S. at 548.
There is extensive case law regarding what constitutes an unseaworthy condition. Even providing insufficient or improperly trained crewmembers or crewmembers with dangerous propensities to perform a task can constitute an unseaworthy condition for which a vessel owner and the vessel are liable.
Boudoin v. Lykes Bros. S.S. Co.,
Comeaux v. T.L. James & Co.,
666 F.2d 294, 299 (5th Cir. 1982);
Am. Presidential Lines, Ltd. v. Welch,
377 F.2d 501 (9th Cir. 1967).
A claim of unseaworthiness lies in admiralty and, like most admiralty cases, is tried to the bench, rather than a jury.
Fitzgerald v. U.S. Lines,
374 U.S. 16, 17 (1963). However, when such a claim is asserted together with a Jones Act claim for the same incident, both claims are tried to a jury.
at 21-22.
3. Maintenance, Cure, and Unearned Wages
Seafarers have additional causes of action under general maritime law for maintenance, cure, and unearned wages against their employers and against their vessels
in rem
if they become ill or are injured while in service to a vessel.
The Osceola,
189 U.S. 175, 175 (1903). These causes of action protect ill and injured seafarers from being cast off in foreign ports without the means to care for themselves while they recover.
See Atlantic Sounding Co. v. Townsend,
Gardiner v. Sea-Land Service, Inc.,
786 F.2d 943, 946 (9th Cir. 1986). An employer becomes liable for maintenance, cure, and unearned wages when an illness or injury occurs, manifests, or becomes exacerbated.
West v. Midland Enters.,
227 F.3d 613, 616 (6th Cir. 2000).
Like unseaworthiness, employers are strictly liable for maintenance, cure, and unearned wages.
See id.
However, unlike unseaworthiness, liability for maintenance, cure, and unearned wages attaches "regardless of whether the seaman's employment caused the injury or illness."
The obligation to pay unearned wages ends when the current voyage ends.
786 F.2d at 946. The obligation to pay maintenance and cure are coextensive; they end when the seafarer is cured or reaches "maximum cure," discussed below.
See id.; Morales v. Garijak, Inc.,
829 F.2d 1355, 1359, 1361 (5th Cir. 1987).
When a seafarer makes a claim for maintenance and cure, the employer may make a reasonable investigation to corroborate the claim before paying it.
829 F.2d at 1358. If an employer unreasonably withholds maintenance and cure, the seafarer may recover consequential damages, and may even recover attorney's fees and punitive damages if the employer's failure to pay is sufficiently egregious.
at 1358-59;
Atlantic Sounding,
557 U.S. at 417-18.
A claim for maintenance, cure, and unearned wages that stands on its own, like most admiralty cases, is tried to the bench rather than a jury.
Fitzgerald v. U.S. Lines,
374 U.S. 16, 17 (1963). However, when a seafarer asserts a claim for maintenance, cure, and unearned wages alongside a Jones Act claim for the same incident, both claims are tried to a jury.
at 18.
a. Maintenance
Maintenance is compensation for food and lodging equivalent to what the seafarer receives onboard his or her vessel while the seafarer recovers on shore.
Cox v. Dravo Corp.,
517 F.2d 620, 623 (3d Cir. 1975) It may be compensation for actual expenses or paid as a per diem.
See id.
at 622-23. However, a seafarer must actually incur living expenses to recover maintenance. A seafarer that recuperates with relatives can only recover maintenance if he or she can demonstrate that he or she is indebted to them for the associated living expenses.
See Johnson v. United States,
333 U.S. 46, 50 (1948) (maintenance not payable when recovering at parents' home);
Flower v. Nordsee, Inc.,
657 F. Supp. 235, 236 (D. Me. 1987) (maintenance payable to cover expenses advanced by relatives following proof of indebtedness to them for it). The amount of maintenance due is a subject of much litigation.
b. Cure
Cure is reimbursement for medical expenses.
See Morales v. Garijak, Inc.,
829 F.2d 1355, 1359 (5th Cir. 1987). An employer can meet its obligation to pay cure by funding a medical plan for the seafarer.
Al-Zawkari v. Am. S.S. Co.,
871 F.2d 585, 588 (1989). An employer's obligation to pay cure (and maintenance, as well as unearned wages, provided the voyage or term of service has not yet ended), extends until the seafarer is cured or reaches "maximum cure" (aka "maximum medical recovery" and "maximum medical improvement") or the seafarer's injury is deemed to be incurable or permanent.
Farrell Lines v. United States,
Vella v. Ford,
421 U.S. 1, 5 (1975). A seafarer reaches maximum cure when "further treatment will probably not improve his condition."
829 F.2d at 1359. Once maximum cure has been reached, a seafarer is not entitled to recover for purely palliative treatments.
Cox v. Dravo Corp.,
517 F.2d 620, 627 (3d Cir. 1975). The determination of when maximum cure has been reached is a medical one that must be supported by medical testimony.
See Morales,
829 F.2d at 1359.
c. Unearned Wages
In addition to maintenance and cure, a seafarer is entitled to recover any wages he or she would have earned had the seafarer completed the voyage during which the illness or injury occurred.
The Osceola,
Lipscomb v. Foss Maritime Co.,
83 F.3d 1106, 1109 (9th Cir. 1996). Wages are "a basic component of an award for maintenance and cure."
Archer v. Trans-American Servs.,
834 F.2d 1570, 1574 (11th Cir. 1988);
see Lipscomb,
83 F.3d at 1109, n.1. Where a seafarer has contracted to serve for a period of time, rather than a voyage, the seafarer can recover unearned wages to the end of the employment period.
Farrell Lines,
336 U.S. at 520-21;
see Archer,
834 F.2d at 1575.
Longshore and harbor workers (collectively "Workers") are individuals who are not seafarers but who are nevertheless employed to work around vessels, such as loading and repairing them. They can bring the same general maritime law and statutory claims against third parties as Passengers and seafarers. Against their employers, Workers have an exclusive statutory remedy, the Longshore and Harbor Workers Compensation Act (the "LHWCA"), 33 U.S.C. §§ 901
et seq.
Recovery under the LHWCA includes medical services and disability and death benefits.
§§ 907-09. It may also include attorney's fees.
§ 928
The LHWCA has a situs requirement in that it covers injuries and deaths sustained "upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, dismantling, or building a vessel)." 33 U.S.C. §§ 902(2), 903(a). It also has a status requirement in that it covers injury and death to employees "engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker" with certain exceptions. 33 U.S.C. §§ 902(2)-(3), 903(a).
There are two different "maritime employment" status tests for employees not specifically enumerated in the statute.
Fontenot v. Awi, Inc.,
923 F.2d 1127, 1130 (5th Cir. 1991). The first, for Workers injured on navigable waters, is whether the individual has meaningful responsibilities on navigable waters, as opposed to just transiting across them to perform work.
Bienvenu v. Texaco, Inc.,
164 F.3d 901, 908 (5th Cir. 1999). The second, for Workers injured on shore, is whether their tasks are an integral part of a maritime activity enumerated by the LHWCA.
See Ne. Marine Terminal Co. v. Caputo,
Herb's Welding, Inc. v. Gray,
Coloma v. Dir. OWCP,
897 F.2d 394, 399-400 (9th Cir. 1990).
The LHWCA is a Worker's exclusive remedy against his or her employer. 33 U.S.C. §§ 902(2), 905(a). Employers are strictly liable for covered injuries and deaths under the LHWCA regardless of fault.
§ 904(b). "[T]he Jones Act and the LHWCA are mutually exclusive compensation regimes," as the LHWCA specifically excludes masters and crewmembers from its coverage. 33 U.S.C. § 902(3)(g);
Chandris, Inc. v. Latsis,
515 U.S. 347, 355-56 (1995). Nevertheless, employees whose status is unclear can, and frequently do, pursue recovery under both regimes and even state workers compensation statutes until a binding legal determination regarding status is made in one of the proceedings.
See id.
at 356;
Sw. Marine, Inc. v. Gizoni,
The LHWCA permits Workers to bring negligence claims against vessels, as well as their owners, operators, masters, and crewmembers, that cause injury or death, but precludes Workers from asserting claims for unseaworthiness or any other claims against them. 33 U.S.C. §§ 902(21), 905(b). The LHWCA prohibits such vessel interests from seeking indemnity for such claims from the Workers' employers and fellow employees, thereby protecting them from such liability.
See id.
§ 905(b).
A Worker must give his or her employer notice of a claim under the LHWCA within thirty (30) days of sustaining an injury or become aware or should have become aware that the injury is related to his or her employment.
§ 912(a). Claims under the LHWCA must be filed within one year of injury or death.
§ 913(a). Unlike the Passenger and seafarer claims discussed in the preceding sections, which are filed in court, claims under the LHWCA are filed with the U.S. Department of Labor.
§ 919.
This primer has only presented an outline of maritime personal injury and death claims in the United States. There are a number of excellent secondary sources available to guide further research on the subject. The following list is by no means exhaustive; it is only meant to help practitioners get started. Most of the following publications can be found in the libraries of federal courthouses.
Charles M. Davis, Maritime Law Deskbook (2016 ed.) (a handy desk reference on U.S. admiralty and maritime law)
Erastus C. Benedict et al., Benedict on Admiralty (the standard, multi-volume work on U.S. admiralty and maritime law; volumes 1A, 1B, and 10 cover the topics discussed herein)
Grant Gilmore & Charles L. Black Jr., The Law of Admiralty (2d ed. 1975) (the standard hornbook on U.S. admiralty and maritime law of its time; particularly good for historical information)
Robert Force & Martin J. Norris, The Law of Maritime Personal Injuries (5th ed. 2004) (a two-volume work covering the topics discussed herein)
Robert Force & Martin J. Norris, The Law of Seamen (5th ed. 2015) (multi-volume, in-depth coverage of the topics discussed herein)
Thomas J. Schoenbaum & Jessica L. McClellan, Admiralty and Maritime Law (5th ed. 2012) (the current standard hornbook on U.S. admiralty and maritime law)
U.S. Dep't of Labor, Office of Admin. L. JJ., Judges' Benchbook: Longshore and Harbor Workers' Compensation Act (2002 ed.), www.lhwca.net (follow Judges' Benchbook link) (an excellent resource when pursuing LHWCA claims)
A draft of this article was originally presented at the 2016 Annual Meeting of the State Bar of California in support of a panel discussion by the same title. The presenters, Gerald L. Gorman, Esq., Neil S. Lerner, Esq., and Michael W. McLeod, Esq., are all members of its Admiralty and Maritime Law Advisory Commission and are all certified as specialists in admiralty and maritime law by the Board of Legal Specialization. Mike McLeod is the vice-chair of the Commission. Many thanks to each of them, in particular to Jerry Gorman, for their insightful input and support in preparing this article.
Art Severance is a member of the State Bar of California and is certified as a specialist in admiralty and maritime law by the Board of Legal Specialization. He is the chair of its Admiralty and Maritime Law Advisory Commission. He is a graduate of the University of Colorado, Boulder (B.A. 1991), California Western School of Law (J.D. 2006), and Tulane University Law School (LL.M., in admiralty and maritime law, 2007). He is Corporate Counsel for Coastal Villages Region Fund, a 501(c)(4) non-profit organization that harvests and processes fish, primarily pollock, cod, and crab from the Bering Sea. Coastal Villages is the only Western Alaska Community Development Quota entity under the Magnuson-Stevens Fisheries Conservation Act, 16 U.S.C. § 1855(i), that owns and operates its own fleet of fishing vessels. The income from that fleet fosters economic development in Coastal Villages' twenty rural Alaskan member communities. www.coastalvillages.org.
In this primer, "general maritime law" is used to refer to the uncodified, common maritime law of the United States, and "federal maritime law" is used to refer to both that law and federal maritime statues.
In Jones Act cases, the three year statute of limitations under the Federal Employers Liability Act ("FELA"), 45 U.S.C. § 56, may apply. Charles M. Davis, Maritime Law Deskbook § VII.T.(2) at 293 (2016). There is some dispute among courts whether the three-year statute of limitations or the doctrine of laches applies to maintenance and cure claims. See Huseman v. Icicle Seafoods, Inc., 471 F.3d 1116, 1125-26 (9th Cir. 2006) (referring to the dispute and holding that the doctrine of laches applies); Davis, § VII.T(3) at 294 (noting the dispute); Thomas J. Schoenbaum & Jessica L. McClellan, Admiralty and Maritime Law § 4-36 at 357 (5th ed. 2012) (stating that laches applies).
Whether recovery is determined by federal maritime law depends on whether a federal court sitting in admiralty would have jurisdiction. It is well established that "[w]ith admiralty jurisdiction comes the application of substantive admiralty law." East River Steamship Co. v. TransAmerica DeLeval, Inc., 476 U.S. 858, 873 (1986); Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 206 (1996); Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 545 (1995). Even when a state court hears a case over which a Federal court would have admiralty jurisdiction, the state court "must determine the rights of the parties under the maritime law . . . ." Itagliata v. Shipowners & Merchants Towboat Co., 26 Cal. 2d 365, 371 (1945), reh'g denied, citing Carlisle Packing Co. v. Sandanger, 259 U.S. 255, 259 (1922); see also Wells v. Liddy, 186 F.3d 505, 524 (4th Cir. 1999). Therefore, Passenger recovery is determined by federal maritime law when a federal court would have admiralty jurisdiction, even in a state court proceeding.
In turn, the issue of whether a federal court would have admiralty jurisdiction depends, among other factors, on where the injury or death at issue was caused. A federal court has admiralty jurisdiction, and federal maritime law applies, when (1) "the tort occurred on navigable water or . . . was caused by a vessel on navigable water," (2) "the general features of the type of incident involved" are such that "the incident has a potentially disruptive impact on maritime commerce," and (3) "the general character of the activity giving rise to the incident shows a substantial relationship to traditional maritime activity. In re Mission Bay Jet Sports, LLC, 570 F.3d 1124, 1130 (9th Cir. 2009) (internal citations and quotations omitted). "Navigable waters" in this context are waters upon which, in their natural state, vessels can travel in interstate commerce. The Daniel Ball, 77 U.S. 557, 563 (1871); Davis v. United States, 185 F.2d 938, 942 (9th Cir. 1950). They include waters subject to the ebb and flow of the tide, many rivers, and lakes that straddle state and national boundaries. See The Daniel Ball, 77 U.S. at 563; Davis, 185 F.2d at 942-43.
The citation 280 F. Supp. 2d 21 refers to both the Magistrate Judge's Report and Recommendation and the District Judge's opinion adopting the Report and Recommendation.
A.M.C. refers to American Maritime Cases, a multi-volume reporter that has published maritime cases for almost 100 years and has been cited and recognized by the U.S. Supreme Court. Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573 (1974). It can be found in the libraries of many federal courthouses and on LexisNexis.
A detailed discussion of how a plaintiff actually hales a vessel into court to answer for such liability is beyond the scope of this primer. However, it generally involves arresting the vessel under Rule C of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.
The circumstances under which state law can supplement federal maritime law are beyond the scope of this primer. Generally speaking, state law supplements federal maritime law where it does not conflict with federal maritime law or create problems of uniformity. E.g., Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 207 (1996).
Traditionally, seafarers have not been able to maintain claims against masters or fellow crewmembers. Chandris, Inc. v. Latsis, 515 U.S. 347, 354 (1995). However, one court has very recently held that, following a change created through recodification in 2006, the language of one of the statutes, 46 U.S.C. § 30103, permits seafarers to bring negligence claims against masters, mates, engineers, and pilots. Bobola v. F/V Expectation, No. 1:16-cv-10664-FDS, 2016 U.S. Dist. LEXIS 119126, slip op. at 11-12 (D. Mass. Sept. 2, 2016).
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