text:
Tom and Jan Hodson
Photo courtesy of: Fred Tom
Mar 17, 2014
By Selina Nadeau
Tom and Jan Hodson have been in and around Athens and Ohio University for upwards of four decades. They have spent the bulk of their professional lives mentoring and teaching college students. They have become close friends with many of them, according to Jan Hodson.
"When you work for as long as we have with college students, you become really aware of the things they experience -- especially the challenges confronting Lesbian, Gay, Bisexual and Transgender (LGBT) students."
Statistics and public opinion polls from the Pew Research Center have shown that acceptance of LGBT individuals is rising, but the United States is not at the top of the list of most accepting countries.
'Coming out' continues to weigh on the minds of many LGBT students who have seen the increased acceptance, but still have qualms about telling their own families. More than half of LGBT individuals surveyed said it was difficult to tell at least one of their parents.
"We've seen so many students trying to come to grips with having to tell their parents and their siblings. Many times it's a trauma," Tom Hodson said. "Then that trauma is sometimes exacerbated by their families cutting them off financially, making it difficult for them to continue their education or pay their rent."
To support LGBT students with this unexpected financial need, the Hodsons created the Tom and Jan Hodson LGBT Support Fund. The fund is distributed by the director of OHIO's LGBT Center to support those students experiencing a financial crisis.
"Students often decide that if they just deny who they are for three more years they won't have to worry about it, but that takes a toll," Tom Hodson said. "We don't want somebody to have to deny who they are, especially for financial reasons."
Tom Hodson graduated in 1970 with a bachelor's degree in journalism. Jan Hodson graduated in 1973 with a bachelor's degree in home economics and a master's degree in child development in 1996. After earning his Juris Doctorate from The Ohio State University in 1973, Tom Hodson practiced law in Athens, served as a Municipal Court judge, a Common Pleas judge and a Judicial Fellow at the Supreme Court of the United States. He also taught as an adjunct faculty member in the E.W. Scripps School of Journalism.
Tom Hodson eventually became the director of the E.W. Scripps School for seven years and is currently the General Manager of WOUB Public Media and the Joe Berman Professor of Communication.
Jan was the assistant dean of the Honors Tutorial College (HTC) for 14 years before retiring in 2013.
Jan Hodson's job in HTC often led her to serve as a confidante to many students in the college. As a result she often facilitated difficult discussions between students and their parents.
"I got to know about 230 students every year and got to know many of them really well. My office was always open for student to come in, shut the door, sit down and start crying."
Often the best help Jan Hodson could give to students who were struggling with their sexuality and gender was to direct them to the LGBT Center.
"My interaction with the center was to make sure that every new crop of freshmen who came into the Honors Tutorial College were aware of that office and the support available there," she said.
Jan Hodson said she made a point of telling both parents and students at every HTC precollege about the important work the center does for students despite its limited funding.
She remembers one student who came to her for help. This student's situation inspired the Hodsons to establish the fund.
"Last year, we knew a student who, when she came out to her mother, was immediately cut off financially to the point where it was going to affect a study abroad trip that she had already arranged," Jan Hodson said.
"I immediately started calling around at the University in search of some sort of emergency fund that I thought must exist somewhere. I mentioned it to Tom and he's the one who said, 'Why don't we start a fund like that?'"
"We are glad that the center is there and that it can provide support on a very personal level to people who need it," Tom Hodson said. "My involvement with the center has mostly been in making people more aware of the center and what it does."
He helped to create WOUB's "LGBT Perspectives", a video interview campaign which includes interviews with a transgender individual, with Delfin Bautista, Director, LGBT Center, and an individual who identifies as an LGBT ally. The series of interviews on WOUB.org seeks to teach people about the struggles LGBT individuals face.
"There is greater political acceptance, but when it comes down to parents accepting children or siblings accepting other siblings, we still have a long way to go," Tom Hodson said. "There is still an incredible angst I find with young people about coming out. We've made strides, but there is still a long way to go."
The Hodsons encourage others to support the fund, which is not endowed, making the funds immediately available to help students in need.
"We don't want people to think that because we established the fund and it's under our name that other people can't contribute," Tom Hodson said. "It's open to anyone of like mind who would like to help us in this endeavor."
Just like the cause it contributes money to, the fund will require constant support from friends of OHIO. "We're still fighting this ridiculous battle to show everybody that we're all just people," Jan Hodson said. "There's still quite a bit of work to do."
To make a gift to the Tom and Jan Hodson LGBT Support Fund, contact The Ohio University Foundation at 800-592-FUND or firstname.lastname@example.com. Gifts also can be made online at www.ohio.edu/give. Enter the name of this fund in the designation box marked "Other".


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Democracy truly is something all Americans (and yes, even us Canadians) should truly cherish. We should cherish it so much that we should do whatever it takes to ensure that our children be guaranteed the same rights and freedoms that we have come to appreciate.
So how do we do that?
Public Education.
Public education may be one of the most important characteristics of an ever-lasting democractic people. And yet it is sadly ironic that schools are one of the least democratic places inside of a democracy.
Alfie Kohn reflects on this unfortunate paradox in his article Choices for Children: Why and How to Let Students Decide:
Several years ago, a group of teachers from Florida traveled to what was then the USSR to exchange information and ideas with their Russian-speaking counterparts. What the Soviet teachers most wanted from their guests was guidance on setting up and running democratic schools. Their questions on this topic were based on the assumption that a country like the United States, so committed to the idea of democracy, surely must involve children in decision-making processes from their earliest years.
The irony is enough to make us wince. As one survey of American schools after another has confirmed, students are rarely invited to become active participants in their own education.(1) Schooling is typically about doing things to children, not working with them. An array of punishments and rewards is used to enforce compliance with an agenda that students rarely have any opportunity to influence.
When I share the idea of making classrooms more democratic with teachers or parents who are reluctant to trust children, I quite often hear, "Children are not responsible enough or trustworthy enough to be given choice."
Children do not become good choice-makers by being told what to do, nor do children become more responsible by simply following instructions.
They must be afforded the opportunity to make good and bad choices.
They must be given the chance to be responsible and irresponsible.
If children are not afforded the opportunity to learn how to participate in a democratic classroom by being in a democratic classroom, when shall they learn how to participate and perpetuate the democratic ideals that you Americans and we Canadians have come to love so very much?

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|Engine Type :
|Single Cylinder Engine
|Cylinder Type :
|In-Line Engine
|Engine Air Intake Process :
|Supercharged Engine
Your Siata 208 engine control system detects a problem, the computer stores the diagnostic trouble
code P0AAB in its memory.
To figure out what is wrong with your vehicle you must first extract the P0AAB DTC For Siata 208.
A good ground connection is also extremely important. P0AAB Siata 208 engine problem because the presence of voltage at the panel harness won't make the panel work if there is a bad ground connection. Since the instrument cluster is mounted in a plastic dash, a separate ground wire or ground circuit through the wiring harness is usually needed to complete the power circuit. Refer again to the wiring diagram to find the ground path, and then check it with your ohmmeter. Do not use a self-powered test light because it cannot measure resistance (any resistance will lower circuit voltage).
|Powertrain Code - Problem is related engine, transmission and emissions systems.
|SAE - Generic
|BBV Sensor Circuit Low Voltage
|TFP Valve Position Switch-Drive Without Drive Ratio
The P0AAB Siata 208 Check Engine lamp is perhaps the most troubling of lights because it could mean so many different things, from you didn't screw the gas cap on tightly enough to look out for pistons flying through the hood and into the stratosphere. The easiest way to find out what this light is telling you is to hook your vehicle up to a scan tool. P0AAB diagnostic tool looks a little like an oversized calculator and plugs into a communication port inside the car. After you instruct it to perform the scan, it speaks P0AAB DTC For Siata 208 with your car's computers to find out exactly what's prompting the light to turn on.
|P0AAA DTC (Previous DTC Code)
|( Next DTC Code ) P0AAC DTC
|The listed Siata models will give information about P0AAB DTC.


text:
March 18, 2003WHAT:
The Anderson School at UCLA will hold the sixth annual Galef Symposium on corporate governance and equity offerings. The day-long event will feature several distinguished leaders from the world of corporate governance, who will examine the current and long-term state of the world's equity markets, as well as the vital role corporate governance plays in the stability and overall success of corporations. A panel of experts will discuss:
- Sarbanes-Oxley Act — amend or repeal?
- How Sarbanes-Oxley will postpone the economic recovery
- The potential loss of jobs as companies give up on the public capital markets for growth capital
- CEOs opportunity cost in complying with new SEC regulations vs. growing companies profits
- How much Sarbanes-Oxley will cost America's shareholders
Hundreds of business leaders from around the world. Distinguished keynote speakers include:
- Alfred R. Berkeley, III, vice chairman, the Nasdaq Stock Market
- James Daly, associate director, Securities and Exchange Commission
- B. Kenneth West, director, Board of Motorola Inc., chairman, NACD
- James Heard, Esq., CEO, Institutional Shareholder Services
- Alfred E. Osborne, Jr., director, Harold Price for Entrepreneurial Studies, The Anderson School at UCLA
Wednesday, March 26, 2003
8 a.m. to 5 p.m.
An opening reception and Nasdaq Networking dinner will be held on March 25 from 6 to 9 p.m.
The Anderson School at UCLA
110 Westwood Plaza
Los Angeles, CA
Several speakers will be available for interviews and photos. If you wish to interview any of the speakers at the opening reception or on the day of the conference, please call (310) 206-7707 to arrange details. A comprehensive list of confirmed speakers, along with more information on the conference, can be found at www.directors.org.


text:
\n1. Playing It Safe Can Backfire
Most people see taking risks as opening themselves up to unnecessary, maybe even dangerous chances. But
the truth is, avoiding risks won't keep you safe, nor will it guarantee a smooth ride at work or in life.
In fact, the opposite is often true. It's like the monkey parable: A monkey sees a nut in a hole and reaches in to grab it. Once he's closed his fist around it, he can't get his hand back out of the narrow opening. Now he's stuck. He can't free himself unless he lets go of the nut, but because he's afraid to lose it, he won't let go.
Trying to avoid risks is like clinging to that nut. You may think you're playing it safe by holding on to what you have, but in reality, you're just hindering your own progress.
2. Failing = Success
The consequences of failure — just like the potential consequences of taking risks — are almost never as terrible as they seem. Just about anyone you can think of who's a huge success has overcome failure to get where they are today — think of Michael Jordan, who was cut from his high school team, or J.K. Rowling, who was turned down by a number of publishers before one decided to take a chance on her manuscript about a young wizard named Harry Potter.
Related Video
3. Heed the Two-Step Rule
Anyone can go the extra mile. Try to make a habit of taking the next step or two beyond what you've been
asked to do.
A couple years ago, an article in one of Hearst's magazines, House Beautiful, misidentified the legendary Estée Lauder chairman, Leonard Lauder.
Argh! It was an innocent mistake but an incredibly stupid one, and once I was told about it, I knew we needed to fess up immediately. It was a Friday before a holiday weekend. I got on the phone to Leonard's office and learned from his assistant that he and his wife, Evelyn, were traveling in France. Hearing my desperation, the assistant gave me the number of his hotel in Paris.
"Leonard, I'm sorry," I said. "And most of all, I'm embarrassed." Leonard laughed and told me all was forgiven. And as he later told an interviewer for a magazine article profiling me, he was pleased I'd gone
to the trouble of tracking him down to apologize.
4. Give Up Control...
Sometimes In any office environment, there are many factors you can't control — the trickiest of which are often interpersonal. People get on each other's nerves, step on each other's toes, vie for each other's jobs, and sometimes, at the other end of the spectrum, get inappropriately involved with each other. At one point much earlier in my career, I had a boss who was having an affair with a subordinate of his, an awkward situation that made all our lives more complicated. It would have been easy to get upset about the situation, but to what end? The only thing you can do is accept what you can't change and work around it. That allows you to have a modicum of power over it.
Related Video
5. Show Your Ignorance
The act of asking is one of the most important elements of success. All too often, people fear that asking
questions reveals ignorance, yet the opposite is true. The root of the word ignorance, after all, is ignore. The minute you ask about something, you've taken a step toward understanding it. On the other
hand, if you just ignore the fact that you don't know, believe me, you won't get away with that for long.
6. If You Think You Know the Answer, Check Again
There's an old saying among journalists: "If your mother says she loves you, check it." And in fact, you can be sure that the minute you take something for granted, it won't be what you thought it was.
Take my name, for example. When I was in junior high, a skinny, awkward preteen with big
dreams, I decided I wanted to be different. So one day, I changed the spelling of my name from Cathy to Cathie. Silly, I know...but what can I say?
I can't tell you how many times over the years I've received letters addressed to Cathy Black or Kathy Black or Kathleen Black. It seems like a little deal, but it's a big deal to me...and it's the quickest way to lower my opinion of the letter writer.
7. Sometimes You Have to Boss Your Boss
When I watched the movie The Devil Wears Prada, one scene that stuck in my head was when the assistant, Andy, stood behind her boss Miranda's shoulder at a party, whispering the names of guests as they approached. Smooth as satin, Miranda greeted each person, coming off as an attentive and caring hostess rather than the frosty, bored snob she really was. There's no quicker, easier way to earn your boss's respect and gratitude than helping her look good.
8. Have a No-Surprises Policy
Never surprise your boss. If you have bad news, tell it. If you have good news, share it. For one thing, no one likes to feel out of the loop. And for another, hiding a crisis from someone who needs to know virtually guarantees the problem will be compounded. Think of your boss as a small woodland animal — make no startling moves or strange gestures. Do the work to make things easy on him or her.
9. Be a Little Naughty
Rule breaking is an underappreciated and underutilized skill. If you look at any list of highly successful people, it's invariably populated with rule breakers — from college dropouts like Bill Gates to female trailblazers like eBay's Meg Whitman to Internet wunderkinds like Google cofounders Sergey Brin and Larry
Page, who refused to believe that a little startup couldn't take on the biggest, richest companies in cyberspace. All these people trusted their ideas and themselves enough to know which rules they could break. You can do the same.
10. It's Not PC, But Looks Count
The way you present yourself makes
a huge difference in how people perceive
you, and not just in a superficial
way. People make judgments about
your abilities, self-confidence, and
savvy based in part on what you
choose to wear and how you choose
to carry yourself.
When I was just out of college and
looking for my first job, I wrangled an
interview at Condé Nast, then one of
the biggest magazine-publishing
companies in New York. I dressed in
a nice, conservative suit and felt pretty
good about how I looked — right up to
the moment I stepped into the elevator
at the Condé Nast building.
I immediately felt the penetrating gazes of half
a dozen fashionably dressed
young women as they looked me up and down, several
of them clutching their Louis Vuitton
bags. Suddenly, I felt like a complete
hayseed. I couldn't help but be self-conscious —
exactly the opposite of
how you want to feel going into an
interview — and all because I hadn't
given enough thought that morning to
how I should dress. The experience
taught me a lesson I never forgot.
Your Burning Work Questions Answered
Here, Cathie Black lends career-related advice to a few of our readers.
Q: I recently landed my first job. Now I'm looking
toward my first promotion. When can I expect
to move from entry level to midlevel? —Kathleen, 22
A: Wait a minute! How about concentrating on doing the
job you were hired to do and making sure that you are doing it really,
really well? Ambition and drive are very important attributes, but experience
is also essential. Have a conversation with your boss about her
goals for you. When you have achieved the goals you have both agreed
upon, have another meeting with your boss, and express your desire
to grow within the company.
Q: I work with a lot of men. I wear skirts
often but find stockings to be uncomfortable.
Is it appropriate to go without them? —Christine, 31
A: It depends on what is acceptable in your industry.
For example, bare legs may be de rigueur in the worlds of fashion, beauty,
advertising, and publishing, but at a very formal law firm, they could be
seen as inappropriate. You never want to feel uncomfortable or make
anyone else uncomfortable with your appearance at work, so look around.
If your coworkers skip the stockings, you can too. If they wear them
religiously, toe the line or invest in a fabulous pants suit!
Q: I just started working at a new job in a laid-back
place and noticed that a lot of my
coworkers listen to their iPods while they do
their work. Is it okay for me to do this if
other people are? —Megan, 19
A: It is always a good idea to take cues from colleagues if it is clear that
their behavior is acceptable to management. Some people find it easier to
concentrate if outside "office noise" is blocked by listening to an iPod.
Personally, I would encourage you not to work with earphones. If you are
in the early stages of your career, it is important to keep your eyes —
and ears — open to everything. You'll be surprised at how much you can
learn just by being alert and engaged by the world around you.
Q: I'm content in my job, but I feel like I could
probably be doing more to be successful.
What's the best way to really shine? —Jessica, 31
A: When you start off your question with "I'm content," it
makes me think you are possibly becoming complacent in your work. Are
you bored? If so, then it is time to reassess your goals. But if you feel that
you still have more to contribute and if you are still engaged and happy
at your current company, rather than looking for opportunities elsewhere,
I recommend a conversation with your boss and the HR department to
map out a plan for your future growth.


text:
Vatican City, Dec 16, 2013 / 04:04 pm (CNA).- In an interview with Italian newspaper La Stampa Dec. 15, Pope Francis called ecumenical dialogue a priority of his pontificate, noting that Christians of all traditions face the same persecution today.
"For me ecumenism is a priority. Today there is an ecumenism of blood. In some countries they kill Christians for wearing a cross or having a Bible and before they kill them they do not ask them whether they are Anglican, Lutheran, Catholic or Orthodox. Their blood is mixed. To those who kill we are Christians," the Pope said.
"This is what ecumenism of blood is. It still exists today; you just need to read the newspapers. Those who kill Christians don't ask for your identity card to see which Church you were baptized in. We need to take these facts into consideration," he added.
"We are united in blood, even though we have not yet managed to take necessary steps towards unity between us and perhaps the time has not yet come. Unity is a gift that we need to ask for."
Since the very beginning when he leaned out the balcony of the central loggia of Saint Peter's basilica on March 13, Pope Francis called himself "the bishop of Rome" who "presides over the other Churches in charity."
Some observers said that Francis' emphasis on being the "bishop of Rome" led Bartholomew I, the ecumenical Patriarch of Constantinople to attend the Pope's inaugural Mass March 19, marking the first time the patriarch has attended such an event since the Great Schism in 1054.
In fact, the path to Christian unity started long time ago, a truth acknowledged by Pope Francis in his recent La Stampa interview.
"John Paul II spoke even more explicitly about a way of exercising the primacy which is open to a new situation. Not just from the point of view of ecumenical relations but also in terms of relations with the Curia and the local Churches," he explained.
The late Pontiff's encyclical letter "Ut unum sint" asked for help in finding "a way of exercising the primacy which, while in no way renouncing what is essential to its mission, is nonetheless open to a new situation." This sentence has been fully quoted by Pope Francis in his apostolic exhortation "Evangelii Gaudium."
In his interview, Pope Francis expressed the affection and good will that he feels for his 'brother bishops' of the East.
"Over the course of these first nine months, I have received visits from many Orthodox brothers: Bartholomew, Hilarion, the theologian Zizioulas, the Copt Tawadros. The latter is a mystic, he would enter the chapel, remove his shoes and go and pray."
"I felt like their brother. They have the apostolic succession; I received them as brother bishops," he explained.
"It is painful that we are not yet able to celebrate the Eucharist together, but there is friendship. I believe that the way forward is this: friendship, common work and prayer for unity."
"We blessed each other; one brother blesses the other, one brother is called Peter and the other Andrew, Mark, Thomas…" Pope Francis recounted.
A new way for ecumenism is considered to have been opened after Benedict XVI's resignation. With this action, Benedict proved the Roman Pontiff to be a primus inter pares (first among equals), and this action should assist in resolving the papal primacy issue – one of the most important controversies between Catholic and Orthodox Churches.
A milestone of this path to Christian unity should be in the next Pope Francis trip to Jerusalem.
Talking to La Stampa, Pope Francis said that he "is preparing" to go to the Holy Land, "to meet my broche Bartholomew, the Patriarch of Constantinople, and commemorate" the 50th anniversary of the embrace between Pope Montini and the then patriarch Athenagoras in Jerusalem.
The Pope Francis' trip to Jerusalem has not been scheduled yet, but according to Israeli media it should take place on May, 25-26.
*Kerri Lenartowick contributed to this report.*


text:
Anyone may nominate a road for national designation. A national designation applies to National Scenic Byways and All-American Roads.
The Parkways, Historic and Scenic Roads Advisory Committee takes the first step in the nomination process to determine if the roadway possesses intrinsic qualities sufficient to merit its nomination as a National Scenic Byway or an All-American Road.
The second step is formal submittal of the nomination package to the Federal Highway Administration.
The designation of a National Scenic Byway and All-American Road is made by the secretary of transportation.
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SAMJ: South African Medical Journal
versión On-line ISSN 2078-5135
versión impresa ISSN 0256-9574
SAMJ, S. Afr. med. j. vol.101 no.7 Cape Town jul. 2011
Associations between asthma and bronchial hyperresponsiveness with allergy and atopy phenotypes in urban black South African teenagers
M E LevinI; R MuloiwaIII; C MotalaII
IMB ChB, FCPaed (SA), MMed (Paed), Dip Allerg (SA), PhD. Division of Allergy, Department of Paediatrics and Child Health, University of Cape Town and Red Cross War Memorial Children's Hospital, Cape Town
IIIMB ChB, FCPaed (SA), FACAAI, FAAAAI. Division of Allergy, Department of Paediatrics and Child Health, University of Cape Town and Red Cross War Memorial Children's Hospital, Cape Town
IIIMB ChB, DCH (SA), FCPaed (SA), MSc (LSHTM). Ambulatory and Emergency Paediatrics, Department of Paediatrics & Child Health, University of Cape Town and Red Cross War Memorial Children's Hospital
OBJECTIVES: To determine asthma and allergy phenotypes in unselected urban black teenagers and to associate bronchial hyperresponsiveness (BHR) with asthma, other atopic diseases and allergen sensitisation.
METHODS: This was a cross-sectional study of 211 urban highschool black children of Xhosa ethnicity. Modified ISAAC questionnaires regarding asthma, eczema and rhinitis were administered. BHR was assessed by methacholine challenge using hand-held nebulisers. Skinprick tests (SPTs) were performed for 8 aeroallergens and 4 food allergens.
RESULTS: Asthma was reported in 9%, and 16% demonstrated BHR. Rhinitis was reported in 48% and eczema in 19%. Asthma was strongly associated with BHR. Asthma was associated with eczema whereas BHR was associated with rhinitis. SPTs were positive in 34% of subjects, aeroallergens in 32%, and food allergens in 5%. The most common sensitivities were to house dust mites (HDM) and German cockroach. BHR was associated with sensitivity to any aeroallergen, cat, HDM, cockroach and bermuda grass. The number of positive SPTs was associated with asthma and BHR. With each level of SPT positivity, there was 40% increased prevalence of asthma and 70% increased prevalence of BHR. The rate of allergen sensitisation in subjects with BHR (72%) was much higher than those without BHR (28%); house dust mite sensitivity was 69% in subjects with BHR and 18% in those without.
CONCLUSIONS: These are the highest rates of allergen sensitisation in subjects with BHR documented in an African setting and the widest difference in sensitisation rates between subjects with and without BHR.
Studies in South Africa in the 1970s reported very low rates of asthma in indigenous blacks,1 especially in rural settings.2 The subjects also demonstrated low rates of allergen sensitisation. Later studies showed increasing prevalence rates of asthma in urban and rural black communities3,4 and narrowing of the urban-rural gradient.5 An increased allergen sensitisation rate was also noted in rural blacks,6 with different patterns of sensitisation in those with or without bronchial hyper-responsiveness (BHR).5
There are few data on BHR rates in urban black children, associations between asthma and BHR, and the relationship between BHR, allergen sensitisation and other atopic diseases. We aimed to determine asthma and allergy phenotypes in unselected urban black teenagers and to associate BHR with asthma, other atopic diseases and allergen sensitisation.
A cross-sectional study of 211 urban black children (mean age 17 years) of Xhosa ethnicity attending a high school a few kilometres from central Cape Town, was undertaken during May - September 2005. Questionnaires administered in the preferred language (English or Xhosa) were modified from the International Study of Asthma and Allergies in Childhood (ISAAC) regarding asthma, eczema and rhinitis. Prevalence of asthma symptoms was assessed by determining the occurrence of wheeze in the preceding 12-month period rather than physician-diagnosed asthma.
In 206 subjects, BHR was assessed by a novel method (based on the Yan Protocol7) using hand-blown DeVilbiss number 45 glass nebulisers. Saline diluent was administered initially and thereafter methacholine in doubling dosages from 0.0015 mg to 0.5 mg until a cumulative dose of 1.1675 mg was attained. BHR was defined as a fall in FEV1 >20% at any dose below the maximal dose administered. The administration of methacholine by handheld nebulisers to assess BHR used in this study was compared with dosimeter in an unpublished subset of this cohort. There was a correlation between the handheld method and the dosimeter (Spearman correlation co-efficient r=0.0854, p<0.001) but there was both systematic and proportional bias precluding the development of a cutoff point with the handheld method that accurately corresponded with previously defined measures of BHR. Therefore the handheld method can be used as a gross screening test to accurately differentiate people with no BHR from those with some BHR, but not to delineate population prevalences of BHR according to the American Thoracic Society definition.
Skinprick tests (SPTs) were performed to house dust mites (Dermatophagoides pteronyssinus and Dermatophagoides farinae), grass mix, Bermuda grass, mould mix, cat, dog, German cockroach, egg-white, milk, peanut and potato (ALK-Abello). SPTs were deemed positive if weal size was 3 mm or more larger than the negative control.
Ethical approval was received from the Ethics Committee of the Health Sciences Faculty of the University of Cape Town, the Provincial Department of Education and the school where the research was conducted. All subjects completed informed consent statements.
Statistical analysis
Data were analysed using STATA statistical package (StataCorp, Version 11). Proportions were depicted as percentages for categorical variables. Strength of association between variables was tested using a chi-square or Fisher's exact test. Variables showing strong association were further analysed to determine the degree of effect. Prevalence ratios were deemed an appropriate measure of effect for a cross-sectional study. A Poisson regression model with a robust error variance was used to estimate prevalence ratios controlling for gender and age. A significance level of p<0.05 was used for all analyses.
Descriptive data
Females comprised 60% (127) of the study population (211). The median age was 18 years (range 15 - 24 years). The prevalence of self-reported asthma was 9% (20). Of the 206 subjects who had a methacholine challenge, 16% (32) demonstrated BHR. Symptoms of rhinitis were reported in 48% (101) and symptoms of eczema in 19% (41).
SPTs were positive in 34% (72). The most common sensitivities were to house dust mites (HDM) (26%) and German cockroach (17%). SPTs were positive for aeroallergens in 32% (67) of the subjects; 14% (29) were monosensitive to aeroallergens and 18% (38) had 2 or more positive skin prick tests for aeroallergens (Table I). SPTs were positive for food allergens in only 5% (11) - most commonly to egg white.
Association of asthma with BHR
Eight (40%) subjects, who reported symptoms of asthma had a positive methacholine challenge; having symptoms of asthma was strongly associated with a higher probability of BHR (p=0.005).
Subjects (N=8/32) with BHR (25%) had a much higher prevalence of asthma than those who did not exhibit any BHR (N=12/174, 7%). After controlling for age and gender, the risk of asthma in subjects with BHR was 4 times that of subjects without BHR (prevalence ratio (PR) 4.1, 95% confidence interval (CI) 1.6 - 10.1, p=0.003).
Associations of asthma and BHR with other atopic diseases
Subjects with a history of eczema had a significantly higher prevalence (50%) of self-reported asthma compared with those who did not have eczema (16%, PR 4.2, 95% CI 1.8 - 9.6, p=0.001). The prevalence of asthma in those who had rhinitis was slightly higher but not statistically significant. However, the presence of rhinitis was associated with a statistically borderline higher prevalence (69%) of a positive BHR test compared with those without rhinitis (44%). The prevalence of BHR was increased in subjects with eczema but this association was not statistically significant (Table II).
Association of asthma with SPT
Self-reported asthma showed a strong association with positive SPT to specific aeroallergens (Table III). The prevalence of positive SPT to aeroallergens was higher in subjects with asthma. This association was significantly strong for HDM, cockroach and cat. The association increased with the number of aeroallergen sensitivities. With each level of increase in SPT positivity, there was a 40% increased prevalence (overall trend) of asthma v. no asthma. This effect was statistically significant (Table IV).
Association of BHR with skin prick tests
There was a strong association between a positive methacholine (positive BHR) challenge and sensitivity to specific aeroallergens. This association was significantly strong for HDM, cockroach, cat and Bermuda grass (Table III).
With each level of increase in SPT positivity, there was a 70% increased prevalence (overall trend) of BHR v. no BHR. This effect was statistically significant (Table IV). Sensitivity to food allergens showed a weak association with both self-reported asthma and BHR, with prevalence ratios of 2.3 (95% CI 0.3 - 16.4) and 1.8 (95% CI 0.4 -7.2) respectively.
The study population was situated in Cape Town; all were black children, mostly living in peri-urban shanty-towns to the east of the city and commuting to a school located a few kilometres from central Cape Town. The home environment and school were not near areas of major industrial pollution. The population was not highly parasitised, and their total IgE levels were related to atopy predominantly and secondarily to ascaris infection.8 The limited sample size could preclude generalisation of the findings to other populations.
Self-reported asthma
Early data on asthma diagnosis in South Africa is scanty, although under-diagnosis appeared to be common. From 1963 to 1967, there was an admission rate of 0.02% (of all hospitalisations) in Durban for black children compared with 0.79% for white children.1 At Baragwanath Hospital, in the black township of Soweto, 3.8% of paediatric hospital admissions during 1992 and 1993 were for asthma,9 which constitutes an almost 200-fold increase in paediatric admissions for asthma compared with the 1969 study.1
In 1998, the International Study of Asthma and Allergies in Childhood (ISAAC)10 reported a 12-month prevalence of selfreported asthma symptoms in all ethnic groups in Cape Town ranging from 7.5% to 17% (video questionnaire v. written questionnaire). The prevalence of 'asthma ever' was 13.3% in this group of children. The ISAAC study was repeated in Phase III in 2005.11 Polokwane participated in this phase of the study, with a documented prevalence of asthma symptoms of 18% using a written questionnaire - similar to the 20.7% in Cape Town. Although ethnicity was not recorded in the ISAAC study, it included all groups and attempted to take a cross-section of the populations of Cape Town and Polokwane by purposive sampling of schools in different areas.
In 2004 -2005, a questionnaire study12 of only black children in Polokwane found an 11.2% prevalence of wheeze, and 5.7% prevalence of severe wheeze in 6 - 7-year-old children.
In the present study, the prevalence of self-reported asthma was 9% - similar to the 2005 Polokwane study but much lower than the ISAAC data. This apparent disparity may be partly explained by the different age groups, ISAAC being conducted on 13 - 14-yearold children, and our study on grade 11 pupils (median age 18 years); the Polokwane study used younger children. An alternate explanation is persistence of a different (lower) prevalence rate of asthma among black urban children in South Africa, reflected in the lower prevalence rates in urban studies of only black children when compared with the ethnically diverse urban population studied in ISAAC.
BHR has been extensively studied in both urban and rural black children (Table V). In 1976, the seminal study of Van Niekerk et al.2 reported a prevalence of asthma (positive exercise challenge tests) of 3.1% in peri-urban black children v. 0.14% in rural black children. Because the subjects were all of the same ethnic origin, this 20-fold difference was ascribed to environmental influences.
Using histamine challenge via hand-held nebulisers, Vermeulen found in 1990 a much higher prevalence of BHR (14.2%) among rural black children and adolescents (personal correspondence, unpublished data). Steinman's5 study of children in 1998 reported increased BHR (histamine challenge) in 17% of rural black children, in 34.4% of urban black children, and in 33% of urban white children. Calvert3 reported in 2000 a higher prevalence of exercise-induced bronchospasm in urban (14.9%) than in rural (8.9%) black children aged 8 - 13 years.
In 2002, a study in Thokoza (an exclusively black community in Gauteng) reported a 7.3% prevalence of exercise-induced bronchoconstriction (EIB) in 9 - 10-year-old children.4
Our prevalence of BHR (positive methacholine challenge) was lower than that reported by Steinman,5 similar to Calvert's study3 in black children that utilised exercise challenge, but higher than the study in Thokoza.4
Differences in the methods used to induce hyper-reactivity could account for some of the differences (histamine or methacholine challenge is likely to be more sensitive for asthma than exercise challenge, but less specific).
However, there is evidence that the prevalence of BHR and asthma has been increasing over time in the same ethnic group in urban and rural areas and that the urban-rural gradient is narrowing. This probably represents the effect of changes in both the urban and rural environments.
Association between BHR and asthma
Although there is a strong statistical association between BHR and asthma, there is limited overlap between both conditions. BHR is not a consistent feature in asthma,13,14 but the limited overlap (40%) in this study may call into question both diagnostic methods. The handheld methodology used to assess BHR limits it to a gross screening tool. In addition, there may be inaccuracies in the self-diagnosis of asthmatics by questionnaire in this population. Most studies find discrepancies between questionnaire-based self-diagnosis of asthma and other measures of asthma such as by video questionnaires,15-17 physician-diagnosed asthma and asthma control tests.18 Language differences and discordant definitions of medical terminology19 may lead to inaccuracies in self-diagnosed asthma and physician diagnosis of asthma in this setting.20
Association between BHR and asthma with other atopic diseases
The prevalence of symptoms of rhinitis (48%) is higher than that reported by the ethnically diverse 13 - 14-year-old children in both ISAAC I in 1995 (30.4%) and ISAAC III in 2002 (38.5%).21 The prevalence of symptoms of eczema (19%) is higher than that reported in ISAAC I (11.8%) and very similar to that in ISAAC III (19.4%).
In Wichmann's 2005 study12 of black children in Polokwane, the presence of eczema symptoms and rhinoconjunctivitis symptoms increased the likelihood of wheeze by 104% (odds ratio (OR) 2.04) and 226% (OR 3.26) respectively. Rhinoconjunctivitis was also a predictor of severe wheeze (OR 2.07).
In the present study, asthma was significantly associated with a higher prevalence of eczema (PR 4.2) whereas positive BHR was associated with a higher prevalence of rhinitis (PR 2.0).
Association between BHR and asthma with skin tests
Allergen sensitisation has been extensively studied in black children (Table VI). Van Niekerk et al. found no sensitisation to house dust mite (positive skin test) in rural black asthmatics, but a 65% sensitisation rate in urban black asthmatic children and teenagers. Potter et al.6 found no specific IgE to house dust mites in (unselected) rural black children. Vermeulen (written correspondence, unpublished data) found low sensitisation rates (positive SPT >2 mm) in rural unselected black children, which were not significantly different between those with BHR (6.2%) and those without (5.5%). SPTs were positive for HDM in 6.2% of both groups. However, there was a significant difference in allergen sensitisation by IgE testing in those with BHR (21.3%) compared with those without (14.4%) - predominantly owing to differences in grass and mould sensitisation.
Of 455 black asthmatic children attending asthma clinics in Soweto22 (1991 - 1993), 69.8% had a positive skin test to one or more of a panel of 11 aeroallergens. Bermuda grass sensitivity (46.3%) was the most common allergen, followed by D. pteronyssinus (44.2%). However, the investigators used a cut-off of any reaction larger than the negative control as being a 'positive' skin test. High rates of other atopic diseases were also present, with 54.5% of children having a history of hay fever, 36.3% conjunctivitis, 18.7% eczema, and 15.5% food allergy.
Steinman et al.6 documented high levels of house dust mite sensitisation in rural and urban Xhosa children in 1998 and found no association between BHR and positive SPTs in urban black children (42.3%). However, in rural black children, allergen sensitivity (raised specific IgE) was found to be more common in those with BHR (62.5%) than those without BHR (36.6%). In addition, they found an association between BHR in rural black children and specific IgE to house dust mites (37.5% of those with BHR, 13.4% of those without) and grass pollen.
In Calvert's 2000 study,3 SPTs were positive in 31.2% of subjects with EIB compared with 23.9% of controls (p=0.02). The geometric mean weal size was significantly larger in those with EIB than those without EIB. Urban children were twice as likely to have a positive skin test result compared with rural children. The difference in EIB risk between urban and rural subjects was associated with atopy and affluence.18
This study showed a significant association between positive methacholine challenge and sensitivity to any aeroallergen (PR 1.7), cat (PR 7.2), HDM (PR 5.7), cockroach (PR 3.6), and Bermuda grass (PR 3.0). Allergen sensitivity (one or more positive skin prick tests) was far more common in those with BHR (72%) than those without BHR (28%). House dust mite and cockroach sensitivities were the dominant prevalent allergens, similar to inner city children in the USA.
The study confirms the increasing prevalence of allergic sensitisation in black teens in Cape Town and the difference in sensitisation rates between these and rural black subjects. It also demonstrates a gradient that appears to be increasing in allergic sensitisation rates between children with BHR and those without BHR. SPTs may be a useful investigation in assessing asthma and BHR in such subjects.
We gratefully acknowledge the assistance and contributions made by Jack Larsen (Phadia diagnostics) for skinprick test and Immuno CAP RAST reagents; Marilyn Koumbari (ACIC Ltd/Methapharm) for methacholine; Bartha Fenemore for performing total and specific IgE assays; and Anne Toerien for performing skin prick tests and methacholine challenges.
1. Wesley AG, Clyde JH, Wallace HL. Asthma in Durban children of three racial groups. S Afr Med J 1969;43(4):87-89. [ Links ]
2. Van Niekerk CH, Weinberg EG, De Shore SCV, Heese H, Van Schalkwyk DJ. Prevalence of asthma: A comparative study of urban and rural Xhosa children. Clin Allergy 1979:9:319-324. [ Links ]
3. Calvert J, Burney P. Effect of body mass on exercise induced bronchospasm and atopy in African children. J Allergy Clin Immunol 2005:116:773-779. [ Links ]
4. Mashalane MB, Stewart A, Feldman C, Becker P, de Charmoy S. Prevalence of exercise-induced bronchospasm in Thokoza schoolchildren. S Afr Med J 2006;96:67-70. [ Links ]
5. Steinman HA, Donson H, Kawalski M, Toerien A, Potter PC. Bronchial hyper-responsiveness and atopy in urban, peri-urban and rural South African children. Pediatr Allergy Immunol 2003;14(5):383-393. [ Links ]
6. Potter PC, Malherbe D, Lee S, Vermeulen J. Comparison of paediatric and adult Phadiotop screening assays in Xhosa and Caucasian Children. Clin Exp Allergy 1990:20(Suppl.):15. [ Links ]
7. Yan K, Salome C, Woolcock AJ. Rapid method for measurement of bronchial responsiveness. Thorax 1983;38(10):760-765. [ Links ]
8. Levin ME, Le Souëf PN, Motala C. Total IgE in urban Black South African teenagers: the influence of atopy and helminth infection. Pediatr Allergy Immunol 2008;19(5):449-454. [ Links ]
9. Luyt DK, Green RJ. Prevalence of asthma in Southern African children. Current Allergy and Clinical Immunology 1994;7:4-7. [ Links ]
10. ISAAC Steering Committee. Worldwide variation in prevalence of symptoms of asthma, allergic rhinoconjunctivitis and atopic eczema: ISAAC. Lancet 1998;351:1225-1232. [ Links ]
11. Ait-Khaled N, Odhiambo J, Pearce N, et al. Prevalence of symptoms of asthma, rhinitis and eczema in 13-to 14-year old children in Africa: the International Study of Asthma and Allergies in Childhood Phase III. Allergy 2007;62:247-258. [ Links ]
12. Wichmann J, Wolvaardt JE, Maritz C, Voyi KV. Household conditions, eczema symptoms and rhinitis symptoms: relationship with wheeze and severe wheeze in children living in the Polokwane area, South Africa. Matern Child Health J 2009;13:107-118. [ Links ]
13. Tager IB, Weiss ST, Speizer FE. Occurrence of asthma, nonspecific bronchial hyperresponsiveness and atopy. Insights from cross-sectional epidemiologic studies. Chest 1987;91(6 Suppl):114S-119S. [ Links ]
14. Warner JO. Bronchial hyperresponsiveness, atopy, airway inflammation, and asthma. Pediatr Allergy Immunol 1998;9(2):56-60. [ Links ]
15. Crane J, Mallol J, Beasley R, Stewart A, Asher MI. Agreement between written and video questions for comparing asthma symptoms in ISAAC. Eur Respir J 2003;21:455-461. [ Links ]
16. Pizzichini MM, Rennie D, Senthilselvan A, Taylor B, Habbick BF, Sears MR. Limited agreement between written and video asthma symptom questionnaires. Pediatr Pulmonol 2000;30(4):307-312. [ Links ]
17. Pearce N, Aït-Khaled N, Beasley R, et al. Worldwide trends in the prevalence of asthma symptoms: phase III of the International Study of Asthma and Allergies in Childhood (ISAAC). Thorax 2007;62(9):758-766. [ Links ]
18. Khalili B, Boggs PB, Shi R, Bahna SL. Discrepancy between clinical asthma control assessment tools and fractional exhaled nitric oxide. Ann Allergy Asthma Immunol 2008;101(2):124-129. [ Links ]
19. Levin ME. Different use of medical terminology and culture-specific models of disease affecting communication between Xhosa-speaking patients and English-speaking doctors at a South African paediatric teaching hospital. S Afr Med J 2006;96(10):1080-1084. [ Links ]
20. Levin ME. Use of asthma terminology by Xhosa-speaking patients in South Africa - how it affects asthma-control questionnaires and questionnaire-based epidemiological studies. Current Allergy and Clinical Immunology 2007;20(2):74-78. [ Links ]
21. Zar HJ, Ehrlich RI, Workman L, Weinberg EG. The changing prevalence of asthma, allergic rhinitis and atopic eczema in African adolescents from 1995 to 2002. Pediatr Allergy Immunol 2007;18(7):560-565. [ Links ]
22. Luyt DK, Davis G, Dance M, Simmank K, Patel D. Clinical characteristics of black asthmatic children. S Afr Med J 1995;85:999-1001. [ Links ]
Accepted 7 March 2011.
Corresponding author: M Levin (firstname.lastname@example.com)


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For a music-lover, it's always a kick to re-encounter the figures who, in an earlier stage of one's life, were inspirational and influential in shaping one's passions. In January, I dropped in at Symphony Space, where Richard Wilson — head of the music department at my alma mater, Vassar, and my all-time favorite professor — was conducting the staged premiere of his only opera (so far), Aethelred the Unready. I had heard it in a concert version a few years back and was more than curious to see what a director could do with the very fanciful story line of the Anglo-Saxon king whose unfortunate sobriquet so irritates his wife throughout their afterlife together that she prods him to appeal to the Muse of History to have his reputation adjusted for posterity. The score is on the prickly side, with its jagged vocal lines defying any impulse toward lyricism, but felicitous strokes of humorous orchestration abound throughout, and the libretto (Mr. Wilson's own) is imbued with all the wit and whimsy I remember from his lectures. In a performance such as the one at Symphony Space, where the diction was almost miraculously comprehensible and the simple, straightforward and clever staging further clarified the plot, the antics of the helpless Aethelred as he visits a Publicist and a Hypnotist in preparation for his appearance before the intimidating and memory-challenged Muse kept the audience thoroughly engaged.
On a more recent weekend, an invitation from a fellow Vassar alum, who was the most dedicated and instinctively musical of the Madrigal Singers when we were in school together, drew me to the Aaron Copland School of Music, to see what the Queens College Opera Studio was up to this season. The young voices in a David Ronis's tidy, attractive staging of Dominick Argento's Postcard from Morocco were strikingly well prepared and, under the tutelage of music director James John, more than up to the considerable challenges of Argento's tricky rhythms and rangy, harmonically difficult vocal writing.
It's tempting for New Yorkers like me, who have the privilege of regularly attending live performances at the Metropolitan Opera, to allow their view of the city's opera-life to become entirely Met-centric. But these two recent forays into smaller-scale operatic ventures have whetted my appetite for more. Instead of paling by comparison with the productions of the big house on Broadway, I find each enhances my appreciation of the other.


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The number of dead and missing after a deadly weekend landslide in rural Washington grew Monday as fears of a new collapse drove searchers off part of the pile left behind.
Rescuers aided by dogs, sonar equipment and aircraft were still trying to find trapped survivors in Oso, a remote town north of Seattle, Snohomish County sheriff's spokeswoman Shari Ireton said. About 100 people were attacking the slide from both sides. But authorities grew concerned that another slide could occur Monday afternoon, she said.
Geologists were advising the rescue effort on the risks, Ireton said, but in the meantime, "Ground crews have been pulled back."
With six bodies found Monday, the toll from Saturday's disaster north of Seattle grew to 14 dead, Snohomish County reported through its official Twitter account. Seven people are reported injured.
Snohomish County Emergency Management Director John Pennington said the number of people unaccounted for ballooned from 18 to 108, but that doesn't mean all of them are trapped somewhere in the wall of earth. Ireton said some names on that list "could be overlaps."
Snohomish County Fire District 21 Chief Travis Hots told reporters that "the situation is very grim."
"We're holding out hope, but keep in mind we've not found anybody alive on this pile since Saturday," he said.
The landslide covered about a square mile and was caused by groundwater saturation tied to heavy rain in the area over the past month. It affected Oso, with a population of about 180, and Darrington, a town of about 1,350.
Dave Norman, a Washington state geologist, said the landslide was about 4,400 feet wide with a wide debris field.
"This is one of the biggest landslides I have ever seen," Norman said.
The affected area includes 35 traditionally built houses, 13 manufactured homes and RVs and a cabin, Pennington told reporters. About half were occupied full time, while others were vacation homes.
Pennington said the slide's occurrence over a weekend was more challenging for rescuers because more people were apt to be home than on a weekday. Victims could also include "contractors and other workers" in the neighborhood as well as others who were "driving by," he said.
Authorities have worked feverishly to find survivors.
"Total devastation. I mean, it's just unbelievable. It reminds me of what a tornado looks like when it's touched the ground," Snohomish County Sheriff Ty Trenary said.
At one point, he pointed at a pile of muddy rubble.
"You can tell from the debris this appears to be part of somebody's kitchen, the inside of the house," he said.
While there's a tremendous effort to rescue people who may be trapped, Hots said Sunday that the rescue operation must be focused on keeping responders safe because the area is highly unstable.
The mud flow is like quicksand, he said. The landslide is 15 feet deep in some places.
Hots described the ongoing operation as an "active rescue," not a recovery effort.
Caroline Neal hopes her missing father, Steven, 52, will still be rescued. He's a plumber who was on a service call when the land gave way.
"My dad is a quick thinker, and he is someone who takes action in an emergency," Neal told CNN affiliate KING. "If he had any warning at all, we just have to think he is somewhere and he's safe and they just can't reach him right now.
On Saturday, rescuers dug through the rubble while survivors cried for help underneath debris. Rescuers heard voices around 11:30 p.m. and considered trying to reach the possible survivor or survivors, but "the mud was too thick and deep," Hots told reporters.
"Mother Nature holds the cards here on the ability of ground personnel to enter the slide area. It is essentially a slurry," Washington Gov. Jay Inslee told reporters Sunday.
He called the rescue operation "aggressive."
"Every human endeavor … is being explored here to rescue and find their loved ones," the governor said.
Inslee added that some rescuers had gotten "caught … up to their armpits" in the slide and "had to be dragged out by ropes."
John Lovick, a county executive, addressed a reporter's question about whether voices were still being heard.
"We were told that there were noises in that area," Lovick said, stressing that fire chief Hots had decided that it was "too risky" to place rescuers in that area. "We are not hearing any reports of people hearing voices today or after last night."
Inslee said he received assurance from Federal Emergency Management Agency officials Monday morning that assistance is on the way.
FEMA Regional Administrator Kenneth Murphy told the governor in a phone call that he was providing a "verbal emergency declaration" that will allow for immediate federal assistance, the governor's office said in a news release.
In the nation's capital, U.S. Sen. Patty Murray of Washington state told her colleagues the damage was hard to imagine.
"There are dozens and dozens of families who do not know if their loved ones are still alive," she said. "This weekend I saw some of the worst devastation I have ever seen in my home state."
On Monday, Harborview Medical Center reported treating five patients. Four are in the intensive care unit: a 22-week-old boy and three men, ages 37, 58 and 81. The child is in critical condition, and the adults are in serious condition, the hospital said. A 25-year-old woman was also reported in satisfactory condition at the hospital.
The landslide cut off State Road 530 to Darrington. Part of the Stillaguamish River also was blocked, and residents were warned of possible flooding both upstream and downstream of the collapse.
The Washington State Patrol provided photos that showed floodwaters and sprawling debris covering a rural patch of the road, framed by woodlands and snow-capped mountains.
The first reports of the landslide came in around 10:45 a.m. Saturday (1:45 p.m. ET), the sheriff's office said.
CNN's Ashley Fantz, Dana Ford and Janet DiGiacomo contributed to this report.


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7th Judicial District
Decisions of Interest - Archive
Ajettix Inc. v. Raub
Index No. 08653/2003. February 2005
Summary judgment granting recission of stock redemption; breach of fiduciary duty by corporate officer, director and 50% shareholder of close corporation software development company; failure to disclose release to competitor of confidential proprietary information under non-disclosure agreement for pricing purposes.
Allen Homes, Inc. v. Mitchell T. Williams
Index No. 13624/2005. April 25, 2006
Claimed appraiser malpractice; summary judgment denied despite unsettled law concerning whether a malpractice action against a real estate appraiser independent of the client's remedy for contractual breach should be upheld under N.Y. law.
Barnhart v. Nexstar Broadcasting of Rochester, LLC
Index No. 01718/2006. March 20, 2006
Arbitration under the FAA required of dispute between local TV anchor and her employer of the public policy objections the employee has concerning her non-compete clause. Although the public policy argument goes to unconscionability, the Supreme Court has eviscerated the distinction between void and voidable contracts in Buckeye Check Cashing, Inc. v. Cardegna, 126 S.Ct. 1204 (Feb. 21, 2006).
Burm v. Greece Pediatric Dentistry, LLP
Index No. 10193/2005. March 3, 2006
Rescission of negotiated withdrawal package on ground of failure to inform partners of his drug abuse and forgeries of partners' names on prescriptions during the negotiations; effect is payment under Voluntary Withdrawal provision, not the Retirement provision of partnership agreement.
Burrell Color, LLC v. Burrell
Index No. 01317/2005. February 2005
Prejudgment attachment of escrow funds scheduled for payment to non-resident/non-domicillary denied; no showing that "drastic action is required for security purposes" and jurisdiction was unquestioned.
Casco Security Systems, Inc. v. Davenport Machine, Inc.
Index No. 09484/2003. December 14, 2005 December 15, 2005
Fraud in the inducement: expert opinion regarding code compliance; unreasonable failure to investigate the truth of the representation.
Cator v. Bauman
Index No. 08851/2005. December 13, 2005
Statute of Limitations: breach of fiduciary duty claim against an investment broker seeking money damages only governed by a three-year period; breach of Contract claim not similarly dismissed because investment broker or specialist not considered a "professional" under CPLR 214(6); breach of NASD fules.
Concord Insurance Agency, LLC v. Coyle
Index No. 00665/2006. April 18, 2006
Clarion and Corning rule in New York regarding "book of business" or "expirations" is subject to agreement to the contrary; expulsion of LLC member relieves excluded member from paying withdrawal penalties under operating agreement; preliminary injunction granted.
Coopervision, Inc. v. Intek Integration Technologies, Inc.
Index No. 05389/2004. February 2, 2005
Forum selection clause; multiple agreements for purchase and installation of industrial warehouse software system; order of precedence clause in installation agreement does not incorporate forum selection clause in software license agreement.
Eber Brothers Wine & Liquor Corp. v. Sisto
Index No. 0135/2005. April 21, 2005
Preliminary injunction directed to former employees denied; would be tantamount to granting the ultimate relief sought in the complaint.
ESL Federal Credit Union v. Bovee
Index No. 11204/2004. May 9, 2005
Suretyship defense of impairment of collateral; Art. 9 context; failure to dispose of collateral in reasonable manner; consumer credit transaction.
Fashion Bug #2100 of Batavia, Inc. v. 425 West Main Associates (Batavia) LP
Index No. 3103/2004. June, 2005
Commercial lease; rent abatement by reason of failure to replace anchor tenant with a "single-user equivalent replacement tenant." Summary judgment not precluded by waiver or by the voluntary payment doctrine.
Fusion Telecommunications Int., Inc. v. Celtel Congo, SA
Index No. 02737/2005. November, 2005
Injunction to prevent enforcement of a Letter of Credit denied by reason, inter alia, of little likelihood of success on fraud claim
George Miller Brick Co., Inc. v. Stark Ceramics, Inc.
Index No. 01001/1995. February 2, 2005
Donnelly Act. Vertical restraint of trade. Per se rule. No mention of treble damages in bifurcated liability trial. Evidence of termination admissible.
George Miller Brick Co., Inc. v. Stark Ceramics, Inc.
Index No. 01001/1995. May 2005
Reargument of decision above; denial of motion seeking declaration that vertical resale price maintenance agreement does not violate the Donnely Act. Bid rigging.
Hayes v. Reynolds
Index No. 11956/2004. February 25, 2005
BCL sec. 1118 election; method of valuation provided by shareholder's agreement upheld; In re Pace Photographers distinguished.
Henrietta Piping, Inc. v. Antetomaso & Micca Group, LLC
Index No. 12042/2005. February 21, 2006
Notice of Pendency cancelled; restitution in specie of real property conveyed years ago impossible or inequitable because, even if right to rescission established by fraud in the inducement, because certainty of titles would be unduly interfered with and creditor rights would be impaired; New York still adheres to the inadequacy of legal remedies criterion for specific restitution, in part, despite the Second Restatement's abrogation of the criterion.
Hoffman v. Finger Lakes Instrumentation, LLC
Index No.13572/2004. January 26, 2005
Nonsignatory may compel signatory to arbitrate under LLC operating agreement's arbitration clause.
Klassen, Ingalls & Assoc., Inc. v. F.J.M. Enterprises
Index No. 07062/2005. December 2005
Commercial real estate listing agreement; summary judgment precluded by question of fact on whether "best efforts" were used; damages held limited by the contract to $17,500.
Knight v. Genesee Valley Cardiothoracic
Index No. 06610/2002. March 2005
Interpretation of shareholder agreements' complex termination provisions.
LaLoggia v. Document Security Systems, Inc.
Index No. 08307/2005. March 22, 2006
Time barred counterclaims asserted only defensively may be interposed only as shield for recoupment purposes, not to obtain affirmative relief, but must arise out of reciprocal contractual obligations on the same set of facts or transaction. Even if arising from same contract, where the contract itself provides the business to be transacted as discrete and independent units, recoupment is unavailable.
Lazer Incorporated v. Kesselring
Index No. 13445/2005. July 21, 2005
Restrictive Covenants: Reasonableness test of BDO Seidman applies to analysis of covenant not to solicit employees. Because nonrecruit provision did not serve any legitimate employer interest in the circumstances, summary judgment for defendant was appropriate.
Lenel Systems International, Inc. v. Smith
Index No. 11302/2004. July 5, 2005
Restrictive covenants: Employee choice doctrine not applicable in absence of a provision in employment agreement for forfeiture of sums otherwise promised, i.e., a "forfeiture for competition" clause which did not otherwise restrict employment mobility. The agreement here barred future employment only and thus BDO Seidman scrutiny was required.
Lumarc Computer Corp. v. McCabe
Index No. 9762/2004. February 9, 2005
Preliminary injunction denied; former employee; no studied copying; use of memory permitted.
Manitou Sand & Gravel Co, Inc. v Town of Ogden
Index No. 13181/2000. June 2005
Municipal agreements in derogation of the Mined Land Reclamation Law (ECL §§23-2701, et seq.) are unenforceable: The Town cannot by agreement exact conditions for the exercise of its zoning power in the form of restrictive covenants which exceed the zoning power of the Town to achieve by local law; res judicatia cannot be applied to thwart the public policy of the state as expressed in the MLRC.
Manufacturers & Traders Trust Co. v. Mertz
Index. No. 07867/2003. May 9, 2005
Action against executrix; denial of summary judgment against executrix on claim she made distributions with knowledge of valid claim in violation of SCPA 2002; failure to move in Surrogate's Court under SCPA 2004 for a reserve; statute of limitations for breach of fiduciary duty claim.
In the Matter of Horning
Index No. 00477/2006. March 21, 2006
Dissolution of LLC lacking an operating agreement denied on ground the business is thriving and that dissention not so pervasive that it can be said that it is not reasonably practicable to carry on the business within the meaning of LLCL 702. Distinguish corporate dissolution statutes.
In the Matter of SWETT for the Judicial Supervision of the Winding up of FACTORS WALK, LLC
Index No. 10260/2005. November 22, 2005
Arbitration waived by resort to the courts; LLC dissolution declared and LLC Law § 703(a) order entered granting judicial supervision of the winding up of Factors Walk LLC, appointing a receiver or liquidating trustee in furtherance of the same.
LaLoggia v. Document Security Systems, Inc.
Index No. 08307/2005. March 22, 2006
Time barred counterclaims asserted only defensively may be interposed only as shield for recoupment purposes, not to obtain affirmative relief, but must arise out of reciprocal contractual obligations on the same set of facts or transaction. Even if arising from same contract, where the contract itself provides the business to be transacted as discrete and independent units, recoupment is unavailable.
Lumarc Computer Corp. v. McCabe
Index No. 09762/2004. May 2006
Summary Judgment dismissing misappropriation of corporate opportunity claim: items up for bid involved expectancies which no reasonable trier of fact could find were tangible. Full disclosure otherwise made and reliance not shown; no civil cause of action grounded in harassment.
Maxon v. Mirror Show Management, Inc.
Index No.1489/2004. March 22, 2005
Dissolution proceeding; BCL 1118 buyout election made; discovery of corporate waste or diversion permitted on inextricably intertwined breach of fiduciary duty and shareholder derivative claims, as well as valuation.
The MBE GROUP, Inc. v. J. Paul Dhillon
Index No. 2746/2004. January 24, 2005
Corporation cannot raise criminal usury for the purpose of obtaining affirmative relief.
McCall Staffing Assoc., Ltd. v. Campbell
Index No. 01354/2006. February 21, 2006
Employee theft of trade secrets established; preliminary injunction granted on detailed showing of their use for unfair competition and in violation of restrictive covenant.
Mehta v. Hussain
Index No. 1362/2005. April 26, 2005
Arbitration; motion to renew confirmation of award on ground one of the letters said to constitute the award was, in reality, procured by a petitioner's counsel's ex parte conference with the arbitrators after the original award was made.
Nunan v. Midwest, Inc.
Index No. 00280/2004. January 10, 2006
Proper manner of interposition of attorney-client privilege claim when in camera review sought to sustain the privilege; rejection on facts of claimed joint defense exception to the attorney-client privilege; when a former officer or director is suing the company for his or her own personal gain, the privilege belongs to the corporation and if asserted is effective to prevent disclosure to the former officer or director. The decision also rejects the claimed fiduciary exception to the privilege articulated in the Fifth Circuit's decision in Garner v. Wolfinbarger.
Oak Orchard Community Health Center v. Blasco
Index No. 04658/2005. May 31, 2005
Noncompete agreement among doctors; BDO Seidman analysis required notwithstanding the nature of services required; Gelder Group and Kapinski distinguished.
Optic Plus Enterprises, Ltd. v. Bausch & Lomb, Inc.
Index No. 06749/2005. March 13, 2006
Breach of contract claim grounded in company's officers establishment of competing business cannot be avoided on a supposed theory that company's principals are not bound to the terms of the company's agreements when they do not individually sign them; principals are bound as fiduciaries to abide the company's contractual obligations and the business judgment rule constitutes no grant of authority in the directors to take actions in excess of the company's contractual authority.
Panetta v. Dana
Index No. 13714/2005. March 31, 2006
Pre-answer motion to dismiss veil piercing claim denied, even though papers opposing motion might not withstand a summary judgment motion post discovery.
The Pike Co., Inc. v. General Drywall Corporation
Index No. 4510/2005. May 2005
Subcontract agreement providing for arbitration did not expressly make mediation a condition precedent to arbitration.
Pittsford Family Dental Practice, P.C., v. Dr. Kenneth Tirone
Index 13443/2004. March 2005
Motion for preliminary injunction denied; no request for permanent injunction in complaint.
Portfolio Management Assoc., LLC v. Long Consulting and Management Group Inc.
Index No. 08132/2004. December 2, 2005
Disqualification of counsel: simultaneous representation of plaintiff and defendant; application of per se rule; continuous representation of PMA, during a period in which it is alleged that PMA acquired a 98% interest in LCMG, and during a time when plaintiff's counsel, in fact, represented LCMG in another matter involving one of LCMG's employees, precludes counsel from undertaking the prosecution of this matter against LCMG on behalf of PMA.
Potter v. Arrington
Index No. 13028/2005. February 6, 2006
Internal affairs of Deleware corporation are decided under the law of the state of incorporation despite BCL 1319; derivative action and claim for breach of fiduciary duty to be decided under Delaware law, precluding claims brought exclusively under BCL 715, 717; claims fail under Delaware law anyway; breach of fiduciary duty claims also precluded by Delaware three year Statute of Limitations, CPLR 202; time barred claim for appointment of receiver seeking application of exception under Delaware statute allowing Court of Chancery to appoint one at any time for good cause shown must be brought in the court of Chancery.
RCIPA v. Blue Cross
February 2, 2006
Summary Judgment precluding claim for further damages for 1997 billings on res judicata, law of the case, abandonment by failing to appeal, and improper claim splitting doctrines denied; plaintiff properly reserved claim in reply papers on prior summary judgment motion under CPLR 3212(e); rule that new arguments presented in reply papers should not be considered only applies to new arguments in support of summary judgment, not those intended to withdraw claim from consideration on motion.
RLI Insurance Co. v. Waters
Index No. 00781/2004. February 25, 2005
Indemnity agreement enforced; no issue of fact on defenses of bad faith and failure to investigate claim.
Rochester Drug Co-operative, Inc. v. Marcott Pharmacy North Corp.
Index No. 04817/2003. March 22, 2005
Dismissal of third party claim against law firm for contribution and indemnification; malpractice not alleged.
Rochester Gas & Electric Corp. v. Niagara Mohawk Power Corporation
Index No. 09621/2001. January 21, 2005
Filed rate doctrine.
Rochester Linoleum and Carpet Center, Inc. v. Springer
Index No. 11545/2005. January 30, 2006
Dismissal pre-answer of common law trespass claim and putative cause of action for "Computer Trespass" under Penal Law 156.10; no trespass or conversion alleged by reference only to employee's remote access of confidential information using unauthorized username and password; no trespass to land claim because no physical entry accomplished; no trespass to chattels claim because no interference with the employer's use and enjoyment of the information remotely accessed was alleged (i.e., no deletion of files or other interference with the owner's possession and use); no conversion claim because no allegation that employee did anything to exclude employer's excercise of rights over their property; no private right of action to enforce Penal Law 156.10.
Rockwood Automatic Machine, Inc. v. Lear Corp.
Index No. 11145/2005. February 6, 2006
Arbitration (FAA case); Nolde Bros presumption of arbitrability not rebutted concerning dispute over provision of expired agreement; the Nolde Bros presumption applies to ordinary commercial contracts, and applies to the question whether an arbitration agreement has expired or been terminated when the plaintiff seeks to enforce disputed contractual rights alleged (by reference to normal principals of contract interpretation) to survive expiration of the remainder of the agreement. Matter of Waldron (Goddess), distinguished.
SBA Network Services v. Fred A. Nudd Corp.
Index No. 51706. January 25, 2005
Forum non conveniens; multistate engineering project for installation of cell phone towers; laches preclude motion.
SBA Network Services v. Fred A. Nudd Corp.
Index No. 51706. June 23, 2005
Partial summary judgment on liability granted by reason of contractor's failure to supply (as agreed) cell phone towers meeting "design specs" specified in the purchase order; contractor's breach of express and implied warranty; dismissal of cross-claim for contribution and/or indemnification because CPLR 1401 may not be invoked to apportion a defendant's liability arising from breach of contract.
Thomas, Williams & Sherpherd, LLC v. Universal Building Services
Index No. 0094/2005. February, 2005
Confirm arbitration; bias of arbitrator waived by proceeding with arbitration.
University Plaza Tx. Limited Partnership v. Larry's Mexican Restaurant, Inc.
Index No. 08896/2005. February 21, 2006
Stay of Arbitration granted; waived by resort to courts on same issues conceded to be arbitrable; effort to compartmentalize issues in one form from issues in the other rejected; issues of fact presented on oral modification by reason of part performance referable to the alleged oral modification.