text:
STERLING, Va. (WJLA) - Authorities at Washington Dulles International Airport say they discovered nearly $55,000 worth of counterfeit Air Jordans that were being shipped to Alexandria.
U.S. Customs and Border Protection says the 400 pairs of the popular shoes were discovered in multiple packages at the airport on Dec. 15, 2017, after they were flown in from China. According to the manufacturer, the shoes could sell for as much as $54,715.
All of the shoes were set to be delivered to the same address.
"Customs and Border Protection will continue to work closely with our trade and consumer safety partners to seize counterfeit and inferior merchandise, especially those products that pose potential harm to American consumers, negatively impact legitimate business brand reputations, and potentially steal jobs from U.S. workers," said Daniel Mattina, acting port director for the Area Port of Washington, D.C., in a statement.
CBP says it finished confiscating all of the shoes on Tuesday. CBP says it and U.S. Immigration and Customs Enforcement seized over $1.38 billion worth of merchandise that violated intellectual property rights in their fiscal year of 2016. Dulles officials discovered 240 pairs of counterfeit Beats By Dre headphones just days before finding the Jordans.


text:
Are You Looking for a Peck Electrician Today?
It's Electric is the residential service department of ElectriCraft, Inc., which was started over 25 years ago in 1984, by Joel Troyer and a former partner. As a Peck Master Electrician, Joel has a wealth of knowledge and experience in electrical design build, applications, and troubleshooting. Joel dedicates his spare time to his family and friends. He enjoys volunteering his skills, and time, to his church and relief work abroad. You can count on Joel and his team of professionals at It's Electric to provide exactly the type of service you deserve. Joel's #1 rule to live by is"Treat others as you would be treated" and he runs his company by this rule each and every day.
It's Electric - Peck Electrician
If you are not 100% satisfied with the service we have provided, we will refund all of your money. If our electricians smoke or swear in your home; are not drug-free; do not wear shoe covers or leave your home without cleaning up, you do not pay for the service. If a repair fails in the first year, we will repair it again absolutely free. Ask other electricians if they guarantee their work and for how long and you're likely to get a blank stare back. Bottom line, we want you to be more than just 100% satisfied. We want you to tell your friends good things about us.
Peck Panel Upgrades
Electrical panel upgrades and replacements can update your old break box to give it the ability to handle today's power needs. Don't let an outdated power supply hold you back: contact your local Peck Panel Upgrade Professionals today!
The 21st century home is jam-packed with high tech, high powered devices from computers and flat screen televisions to high energy kitchen appliances. Although these new technologies make our lives more comfortable, most older homes were not built to power these power-hungry electronics. The great new is that It's Electric electricians can modernize your home by upgrading or replacing your Electrical panel to meet today's needs.
residential Electrical service, electrician service, Electrical repairs, local electricians, residential Electrical contractor, licensed electricians, electrician jobs, home Electrical repair, electrician, auto electrician, home generators, maintenance electrician
Peck Surge Protection
Although very rare, protecting your home from a lightning strike is a smart idea. If your Peck home is hit directly by lightning it can cause big damages the will also hit your pocketbook. Damage caused by surges can destroy computers, home theaters, telephones and Electrical appliances.
Lightning strikes are no the only reason to acquire Peck surge protection. Downed power lines can also cause destructive surges when they are repaired. This will cause your appliances to go on and off which can cause serious damages to those appliances.
You should think of It's Electric Peck Surge Protection as one of the cheapest forms of insurance protection that a homeowner will ever purchase. When compared with the cost of replacing damaged appliances, there is no comparison.
Services That We Provide in Peck,KS
We Proudly Serve
Recent Articles
- Yes,Your Wichita House needs an Electrical Inspection
- Wichita Electrical Home Improvement: Selecting the Right Electrician is Vital for Safety

subset: commoncrawl


text:
The essence and origins of life. What is it? Yes, we can define characteristics that differentiated the living from the non-living. The building blocks of life are still not the same as a simple virus. Do you think new forms of life "become living" these days?. Do you think that the conditions to form new life simply do not exist anymore? Evolution can not even begin until something (still yet unknown to us) happens first. Do you think we will ever discover the recipe?
Views: 1486
Do think machines could ever be classified as living and have "rights"? Blade Runner, probably my favorite movie, alluded to this issue, however there was still a distinction between replicants and humans. I just wonder if life as we know it is still being created here on earth..or is that process done with. Obviously conditions have changed.
The interesting thing about viruses: They need a host to exit their "dormant state"? If this is true, it implies viruses as we know them were not the first living things, simple as they are. Not sure if all viruses need a host to reproduce. It's the old chicken and the egg problem.
I agree, that if a machine can actually becomes truly self-aware...wow ! That is one of the more common definitions of life.
I think someday the true Abiogenesis model will be discovered. That should kill of 99% of all religions.
Consider what a virus is: a self-replicating strand of DNA or RNA in a little wrapper. That's pretty much it. I find that interesting.
A nit, a tiny one: The DNA in a virus cannot replicate itself, nor its wrapper, without help from enzymes in the cell it infects. (This implies that viruses could not originate until after full-blown cells existed, so Robert is correct on that score.)
Sorry Robert, but you'll need another analogy - there is no chicken and egg problem, as reptiles and dinosaurs were laying eggs long before the first chicken ever cackled --
So it is a dinosaur and egg problem then?
I'm not sure, depends on what might lay eggs that are older than dinosaurs - the problem will still exist, all the way back to the first egg-layer, only the subject will change. It's just that I've been informed that chickens want to be left out of it, they're trying to keep a low profile (Shhh! It's a survival thing!).
After your consciousness started inhabiting that machine, would it stop thinking itself human and admit to itself that it's a machine?
BTW, my understanding was that according to the most commonly asserted (by biologists) minimum requirements of being alive:
When researchers first discovered agents that behaved like bacteria but were much smaller and caused diseases such as rabies and foot-and-mouth disease, it became the general view that viruses were biologically "alive." However this perception changed in 1935 when the tobacco mosaic virus was crystallized and it was shown that the particles lacked the mechanisms necessary for metabolic function. Once it was established that viruses consist merely of DNA or RNA surrounded by a protein shell, it became the scientific view that they are more complex biochemical mechanisms than living organisms. (source)
Thanks for the insight. We had this conversation in one of my philosophy courses, though without enough scientific background.
To add to Gallup's Mirror's viruses in "bacteria to elephants" statement, what's interesting is how specific viruses usually are to their hosts. Most pathogens (like bacteria) are also specific to their hosts, but with viruses the specificity is more of an intimate RNA/DNA compatibility. In fact, much of an evolved host species' DNA has accumulated embedded nucleic material that originated from contemporaneous viruses. (I.e., even we humans have fragments of viral coding in our junk DNA, and perhaps some of our genes as well.)
So asking whether or not a virus is "alive" is similar to asking if DNA is "alive". They only really play a role in life when they're a part of of a larger living host.
Now prions... that's another question! They're just mis-folded protein particles, often more appropriately considered as a host-enabled replicating form of a toxic protein. A prion almost always requires entry into the host as a particle present in animal flesh that it eats.
I know I'm nearly alone in this opinion, even among my fellow atheists, but I believe the phenomenon we call "life" is a unique feature of Planet Earth and exists nowhere else in the universe.
I can think of no reason to assume that life is either inevitable or widespread. It is analogous to the anthropic principle, in that we tend to believe humans are, in some sense, a predestined component of the universe. But where is the evidence? There is none, as yet. And the same is true of life itself. We tend to think it must exist elsewhere only because we are alive to think about it.
So go ahead: think about it.
Every single thing that exists is in some way unique. No snowflake is exactly like any other snowflake; but if I were one of those snowflakes, I might tend to think that there must be other perfect snowflakes like me somewhere in the cosmos; but, so far as we know, or the evidence suggests, there isn't.
I look at life as one of those snowflakes. I don't believe we are ever likely to know for sure exactly how life began, any more than we are likely to know how snowflakes began. In fact, I think it far more likely that we will trace the genesis of snowflakes than the process of life. But if we do discover how that process took place, we will probably find it so improbable as to be prohibitively unlikely to have occurred anywhere else at any other time.
What it comes down to, ulimately, is that the belief that there is life elsewhere in the universe is no different than believing there is a God. It's a matter of faith, not evidence.
Please don't throw the Drake Equation at me. That is a bogus, biased construct created for the express purpose of advancing an agenda; the agenda being that life is not unique or unusual. The equation intentionally omits, for instance, the factor of the uber-astronomical number of opportunities for life to have begun on earth; and yet, it appears that it has only happened once that an event that produced a molecule or conglomeration of molecules able to react to the environment by evolving has occurred. That's why all life, as we know it, is DNA based. And it is why gene biologists are coming closer and closer to tracing the history of life on Earth back to one, single, unique event.
That being said, I would certainly be excited to be proven wrong. If the Mars robots uncover unequivocal evidence that life once existed on Mars, it would change everything. But I'm not holding my breath. I just want to see actual EVIDENCE, not suppositions.
Life MAY be a ubiquitous feature of nature, but I highly doubt it.
As to whether machines will ever be able to duplicate life as we know it: I doubt that, also. I think we have the technological prowess to eventually be able to produce something that emulates life so closely that it is superficially identical to the real thing. But I really believe that the complexity of life in all its details is beyond our technology to understand, much less copy.
It seems unlikely conditions on Earth are SO fucking rare that they couldn't exist elsewhere. On the other hand, there's no reason whatsoever to believe God exists.
BTW, no two pieces of popcorn are alike, either. I can't prove it, though. It just stands to reason. I'd stake my life on it.
We don't believe there's life elsewhere purely on faith but based on the evidence all around us, that this place is brimming with it.
Are you an atheist? If you are, it seems you believe in miracles, too. Who makes miracles, then?


text:
These Tampa Am qualifiers sure are long days. The comp starts at 11 a.m. and goes till past dark. When the top finishers that will advance to Sunday's final are announced, you'll find it here. A couple dudes that should definitely be qualified are Abdias Rivera and Colin Hale as they had amazing runs today. Over 100 kids ripped today so here's just a small sample of them. See you tomorrow morning bright and early for another full day of rippage.
UPDATE: I called it! Collin Hale qualified first and Abdias in second. Check it here.


text:
Shadin Avionics has received TSO approval on the initial applications of its AIS-380 data converter.
The AIS-380 is a digital to analog data conversion platform.
Shadin Avionics' new AIS Fuel Flow system received a TSO certification on the AIS-380 platform, while at the same time Shadin received an approval to add the PT6T-9 engine to the existing Bell 412 Fuel Flow STC and associated PMAs for the transducer kits for the Bell 412EPI helicopter.
Shadin developed the family of AIS data converters to respond to an ever present demand for flightworthy data conversion applications on aircraft. The AIS-380 analog converter now joins the AIS-360 digital, AIS-450 synchro and AIS-460 military 1553 in Shadin's family of FAA certified data converters.
For more information: Shadin.com


text:
The Final Flare Part One
Ty Evans Interview by Skin Phillips
Ty, I haven't got any questions prepared to we're going to have to just wing it here.
That's cool, lets just talk.
Photos by Dave Chami
Okay, what are we going to see in The Final Flare that we didn't get in Fully Flared, what are the main differences?
The main thing is that Fully Flared didn't have any bonus footage and a lot of people were complaining about it, "Where're the commercials and where're all the behind the scenes?" So it basically has all that and a lot more. For me to put all that stuff in the original release, it would have to been put back another three months. When you think of how many times we pushed it back people were so over it already. The whole point of the first video was to just get it out, and now we've had a year to go back and do it again. All the bonus footage is in there, a 60-minute behind the scenes documentary with all the guys talking about what went down.
Is there a commentary-over part?
Yeah totally, we interviewed all the guys, then some of guys outside of the project as well. We just broke it down chronologically—from the beginning of Lakai to the beginning of the filming for Fully Flared, the first trips, all the new guys getting on, then the pressure cooker that started to happen with the video getting pushed, behind the scenes with all the intros.
How long has The Final Flare project taken you?
Well I got the video done in November of 2007, it had taken four years of so much work, and I was like we're finished, it's done. So you kinda breath a sigh of relief, then all of a sudden I started going into this thing and realized I started another monster, I just can't shake this beast, I can't get the monkey off my back.
Did you have an outline of The Final Flare at the start or did it just come together?
When I got done with Fully Flared, I felt that there was a story there that was much bigger that needed to be put out there. I felt that there was still a lot more to it. You can see that from all the stuff that Patrick O'Dell is doing with Epicly Later'd, there's so much stuff going on behind the scenes, so many stories—from Guy coming back into skating from being in this really dark place, over coming that darkness then becoming a part of skateboarding again. Eric getting on, Alex and Mike Mo being the new ams with their first video parts, how the video was so anticipated. When I as a kid at fifteen/sixteen years old, I'd have loved to have seen Tony Hawk talk about filming for Animal Chin, and I feel that there're kids out there that want to hear about Mike Mo throwing a milk shake on Alex, they want to hear about how long it took to make a trick. It's cool to spend four years on a video and look back and say here's this whole other thing you can get out of it as well. Box sets in the past have just been collections of videos, deluxe editions too, I think the DC Deluxe Edition was really cool cause it had that new Danny part and other new stuff and I feel this has some really cool stuff.
Do the parts change?
The first disc is the normal release, so you get that if you never got it. The second disc is the bonus disc which has the Final Flare documentary which is sixty minutes long, then it has twenty five minutes of bonus footage which didn't get used, all edited with new music. Then it has forty five minutes of all hi-def footage that's been down res'd to standard def that's been edited to new music. It has miscellaneous stuff that's been on the Web sites that we got, my interview with Animal Chan on SGV, the stuff you guys did from the Skate Awards, a bunch of commercials, the Chocolate stuff I filmed of Vincent Alverez is on there nice and crisp. A lot of stuff on the net that was on low res, it's cool that it's now on hi-res for everyone to see.
Then the third disc, which is a first for skateboarding is the Blue Ray disc. On that disc is a forty five minute edit of all the HD footage, some of it was in the video, some of it hasn't. There's a ton of new stuff that nobody's ever seen all in hi-def 720 image size edited new with music. There is Vincent's Chocolate part which is in HD, the hotel steady cam commercial we did and the steady cam commercial that we did in Milan Central station. A ten minute documentary of a weekend at Biebel's. I also took the intro with all the explosions and re-telecined it up to to hi-def which is really f—king cool cause you get to see the intro in 16-by-9 which looks super crazy.
Part 2 coming soon!
Pick up The Final Flare in your local skate shop. Watch the Trailer here.


text:
30MB/sec read mode at 8-bit parallel data transfer. Faster data transfer can be achieved with HX and is four times faster than Memory Stick PRO Duo Speed. Speed varies upon the measurement conditions.
Memory Stick PRO-HG Duo media can be used with Memory Stick PRO and Memory Stick PRO-HG Duo compatible products. Memory Stick PRO compatible products do not support the high-speed data transfer for use with this media.
Please confirm that your product is compatible with this media before purchasing. Using this media with an incompatible product may result in your recorded data being LOST or DAMAGED. Proper operation with all other product is not guaranteed.
Video recording in MPEG Movie VX fine mode on this media product is NOT applicable with the following DSC models: Sony's DSC-S40, S60, S80, ST80, S90, L1, P73, P41 and P43.
Content protection function in Memory Stick PRO-HG Duo media is the same as the one in Memory Stick PRO media.
Please use a Memory Stick Duo Adaptor "MSAC-M2" (sold separately) for standard size Memory Stick PRO compatible products. In this case, transfer speed is the same as the one in Memory Stick PRO media.
InterfaceMemory Stick Interface: Memory Stick Interface (serial/4-bit parallel/8-bit parallel)
MemoryMaximum: 30.0GBType: Flash Memory: 32GBMemory Size: 32GBUsable Capacity (Approx.): 30.0GB
PowerPower Requirements (voltage): 2.7V-3.6V
Receive Our Latest Deals
Connect With Buydig


text:
DALLAS (AP) – Dallas County District Attorney Craig Watkins is refusing to appear in court to answer accusations that his office pursued charges against a member of a high-profile family at the behest of a campaign donor.
Watkins was called to testify Thursday by attorneys for oil heir Al Hill III, who's charged with mortgage fraud. Hunt's attorneys allege Dallas attorney Lisa Blue urged Watkins to pursue the case.
But Watkins did not come to court. His office says Watkins believes he shouldn't be forced to answer questions. It also says Watkins is too sick to testify.
At one point, state District Judge Lena Levario paused the hearing to determine whether the FBI was investigating Watkins. His attorney says there's no federal investigation.
Levario agreed to delay the hearing due to Watkins' illness.
(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)
Also Check Out:


text:
Sunday, March 1, 2009
Alphabet Soup...Oh Brother!
11th Edition of Smile for the Camera!
Prompt: The word prompt for the 11th Edition of Smile For The Camera is Brothers & Sisters. Were they battling brothers, shy little sisters, or was it brother & sister against the world? Our ancestors often had only their siblings for company. Were they best friends or not? Show us that picture that you found with your family photographs or in your collection that shows your rendition of brothers & sisters. Bring them to the carnival and share. Admission is free with every photograph!
The next Carnival submission for March is on brothers and sisters and I immediately thought of this photo of my brothers and me. If you look closely, you will see wooden blocks spread across the floor and my two younger brothers are bare-foot. That was their usual mode of dress and boy were the bottom of their feet like shoe leather from running wild in the "country" where this house is located (and where my parents still live). The four of us were born within 5 1/2 years, consequently, we grew up together with similiar memories and experiences. I can't say that every moment was filled with loving, tender moments; but now that we are all grown with families of our own, we really enjoy being around each other and have truly grown to be friends! Derek and Craig still live in Texas (San Antonio), Ben lives outside of Denver, Colorado and I live outside of Washington, DC. Whole family gatherings are not as often as we would like, but we do manage to squeeze visits with each other into our hectic schedules. At least the distance keeps Mom and Dad young by hustling them all over the US to "keep things even" and visit with each family. Thanks Mom & Dad--you have given us a great Legacy!
Our names are alphabetized from A-D; A being the oldest (that's me!)
Left to Right: Derek (3yr 5mo), Craig (4yr 4 mo), Benjamin (6yr), Andrea [me] (8yr)
My Brothers, My Friends
I love my brothers, my brothers love me.
My friends, my heros, they always will be.
In sundry ways our uniqueness is clear.
I have gone gone far, but my heart is near.
They like playing sports and being outside.
I prefer play music and playing inside.
Sometimes we fight and scream at each other,
but always my friend for they are my brother.
Adapted from poem submitted by: Michele' Cobb
(Submitted by: scrapfauxfun)
Posted by Andrea Christman at 10:05 AM
Labels: carnival, Kempf, Smile_for_the_Camera
4 comments:
Andrea, I love that picture. It's great that you and your brothers have grown closer over the years. I am an only child and I always wanted a brother or sister. In fact, I had an imaginary little brother for many years.ReplyDelete
Great family picture! It's good when playmates and competitors of childhood become good friends when they are adults. My brothers were eight years older and seventeen years younger than I, so no playmates in the family for me.ReplyDelete
Your photo reminds me of one I took of my children when they were young. Oldest 2 were boys and the youngest, our only girl.ReplyDelete
I'm glad you and your brothers are close. Thanks for sharing them with us.
- AnonymousFebruary 5, 2016 at 9:28 PM
This comment has been removed by a blog administrator.ReplyDelete
Subscribe to: Post Comments (Atom)


text:
Top 8 Most Annoying Things Backseat Drivers Do
No one likes a backseat driver. In fact, I might actually rather get in an accident than have someone shout in my ear, "Look out for that car!" Kidding! Sort of.
A new survey asked people to name the most annoying backseat drivers and the most annoying things they do.
Spouses easily came in first, as the most annoying. Followed by mothers and friends. Teenagers and dads were ranked at the bottom of the list as the least annoying.
As for the most annoying things backseat drivers do, here are the top 8:
1. Commenting on how fast or slow you're driving.
2. Giving directions.
3. Talking too much.
4. Pushing an imaginary brake with your foot.
5. Messing around with the radio.
6. Talking on the phone or texting.
7. Singing.
8. Eating.
What tops your list as the most annoying thing backseat drivers do? Let us know in the comments section below!


text:
Zed Zilla - Hata Vision [Label Submitted]
Here is Zed Zilla's video for "HataVision" from Rent's Due 2, coming July 26, 2012 via CMG. Directed by D Baines/http://Dtvfilms.com
Exclusive download will be available at http://ZedZilla.com and http://YoGottiMusic.com in association with Live Mixtapes http://www.livemixtapes.com/mixtapes/17692/zed_zilla_rents_due_2.html
Please click the "Report" button below if the video on this page is not working properly.
Comments will only be displayed by verified emails. No Spamming or Racism.


text:
Samsung is back with a new flagship Android smartphone. The Samsung Galaxy S4 is here to take on the heavyweights including Apple, HTC and Sony. See also: Group test: What's the best smartphone?
The firm has managed to squeeze a larger screen into a slightly smaller handset. It's an impressive feat of engineering and means the thin and light Galaxy S4 doesn't feel unwieldy in the hand. Take a look at Samsung Galaxy S4 vs Galaxy S3 comparison review.
The device looks similar the Galaxy S3. It feels more solid than its predecessor, but we feel let down by the plastic build of the S4. We expect more from a premium smartphone and it's here that it can't compete with its aluminium and glass clad rivals.
A couple of caveats include the camera and sensors interrupting the design and the difficult to reach back button which gets pressed by mistake all too easily.
There's little to fault when it comes to hardware with a line-up to be reckoned with. The screen is undeniably stunning.
Even without the UK model lacking octa-core processor, the Galaxy S4 set new records in two out of three of our benchmarks.
Even with outstanding benchmarks, we found the Galaxy S4 occasionally laggy when opening certain apps.
We were surprised to find that the Galaxy S4 offers considerably less storage than advertised. Our 16GB model has just over 9GB of space available which is a poor effort. A microSD card slot only goes a little way to redeeming the situation.
With hardware matching key rivals, Samsung hopes that its software feature will differentiate the S4 from the crowd. The firm has packed the device with its own apps and software tricks.
Features like Air View and Air Gesture which allow you to do things without touching the screen are pretty cool and will actually come in handy but only work with some apps. We also like the functionality of multi-window.
In contrast, we found the additions Smart Scroll and Smart Pause to be both buggy and gimmicky.
The S4 has two excellent cameras on-board. There are plenty of different modes, most of which are good but additions like dual camera just seem cheesy.
Samsung has fitted the Galaxy S4 with a large removable battery pack which holds its charge well. It lasted us a day of heavy testing but many users will be able to get couple days' worth with lighter usage.
The Galaxy S4 is a great phone with excellent hardware and performance, but it's not flawless. Its high price tag combined with disappointing build quality means it can't outdo its rivals. We give it four stars and our recommended award.


text:
This sure looks like a snow-covered road in a small British oceanside town, right? Yeah, it's not.
No, what you see here is not snow, nor airport fire-extinguishing foam, nor the world's biggest shaving cream fight. It's sea foam — lots and lots of sea foam — covering roads and traffic in the British town of Cleveleys.
Northern Great Britain was hit by a fierce windstorm on Wednesday, with some gusts blowing at over 130 mph. The winds were strong enough to emulsify the Irish Sea along the Fylde Coast, turning the saltwater into sudsy globs that blew up onshore and coated everything in a knee-deep layer of white foam with the consistency of the head atop a fresh pint of Guinness.
The foam is technically called "spume," and is made possible by decaying algae and other organic materials in the water acting like egg whites in this monstrous batch of whip that probably tastes a tiny bit like horrible Scotch from the Isle of Islay.
You can almost hear the paint dissolving, layer by layer, in the salt-foam bath.
(Hat tip to Keith!)


text:
Toyota Motor Corp. said it's chosen the name "Mirai," which means "future" in Japanese, for a fuel-cell powered sedan that travels 483 kilometers with a hydrogen tank that can be refilled in less than five minutes."In most cases, Toyota has been a fast-follower, not a leader," Liker said. "But when it comes to the environment, they're seeking to play an aggressive leadership role."Many battery-only cars in the U.S. can travel fewer than 100 miles on a full charge, and charging them can take hours. Toyota argues that fuel-cell cars can provide the same clean transportation with far greater convenience. And with a low center of gravity, it's particularly fun to drive.
Bob Smith Toyota
Carson Toyota Scion Dealership
Hamer Toyota
Culver City Toyota
South Bay Toyota
Northridge Toyota
Cabe Toyota Scion Long Beach
Manhattan Beach Toyota
Wondries Toyota
DCH Toyota of Torrance
North Hollywood Toyota
Marina Del Rey Toyota
Toyota of Downtown L.A.
Keyes Toyota
Toyota of Glendale
Toyota of Hollywood
Toyota North Hollywood
Toyota Pasadena
PAL- Pacific Auto Leasing
Toyota Santa Monica
Scion of Hollywood
North Hollywood Toyota Body Shop
Toyota USA Automobile Museum by EJ
Toyota Motor Sales USA Inc
Toyota Logistics Services Inc
Toyota Used Parts
Hooman Toyota of Long Beach
Keyes Cars
RelayRides Location - Susanna's Toyota
Lexus Corporate Offices
Used Cars Los Angeles Inc
Penske Toyota Scion of Downey
Hidalgo Toyota Services
Toyota Financial Services
Longo Toyota
California Rent-A-Car
MPG Car Rental
Blue Rhino Motors
Lexus of Glendale


text:
* Please provide your details to see the projects.
Note:- This website is in the process of being updated. By accessing this website, the viewer confirms that the information including brochures and marketing collaterals on this website are solely for informational purposes only and the viewer has not relied on this information for making any booking/purchases in any projects. Nothing on this website, constitutes advertising, marketing, booking, selling or an offer for sale, or invitation to purchase a unit in any of the projects. We Plan It in not liable for any consequences of any action taken by the viewer relying on such material /information on this website.
Please call 852- 98101465 for updated sales and marketing information and collaterals.
Brigade Omega
Current Product Offerings :


text:
General Pickup Installation Instructions
We use two kinds of wire: vintage cloth insulated single conductor and single conductor shielded cable with exposed braided shield.
Cloth Covered Wire: The center conductor is exposed by pushing back the outer cloth insulation—no need to strip the wire. White lead is hot, black lead is ground, yellow lead is hot and indicates a RWRP pickup.
Shielded Cable: Unbraid the outside shield by picking at the braid a few strands at a time starting at the cut end and working in a straight line down one side of the cable. Expose 1/2"3/4" of the inside center lead insulation then twist the peeled back braid into one lead. The lead created from the braid is connected to ground. The insulated center conductor is the hot lead. The other method is to push back the braid just like using push back wire — you can solder the braid directly to ground without worrying about burning through the cloth insulation of the center conductor.
Pickup Adjustment: For best results Fender style pickups or pickups with non-adjustable poles are meant to be located approximately 1/8" below the strings. Gibson style pickups or pickups with adjustable poles work best as close to the strings as possible. The above instructions are just a guideline for a place to start with your adjustment, raising or lowering either type of pickup can have dramatic tone and volume results. For more detailed instructions check out our strat pickup installation video.
Lollar Warranty: All new pickups are guaranteed to be free from manufacturing defects for the life of the product to the original purchaser. Disconnecting the leads at the pickup or removing the coil tape will void the warranty.
All pickups are thoroughly tested several times during manufacturing. We back up any work we do and want a chance to fix a problem if one occurs.
4 Conductor Wire
Green—screw side inside—ground
Red—screw side outside—connect to white
White—slug outside—connect to red
Black—slug side inside—hot
Installing a Charlie Christian for Tele Neck Pickup
Pickguard Mount Routing Diagram
Installing a Charlie Christian for Archtop Pickup
Installing a Blade Style Tele Bridge Pickup


text:
Refine your search
Used Audi e-tron Cars in Lichfield
Let us help you locate your ideal Used Audi e-tron car with our email alerts function. Click the button above and we will send you daily report of any Audi e-tron cars that are newly advertised and that meet your specific Used Car search criteria.
CarSite can help you find the cheapest Audi e-tron Cars online. We have the most Used Audi e-tron Cars for Sale in Lichfield, listed online. When it comes to looking for a Used Audi e-tron Car in Lichfield CarSite is the ideal search partner for you.
Find Second Hand Audi e-tron Cars In The Lichfield Area
10 Photos
3,200 miles
Monsoon Grey Metallic
5 Door
Cambridge Audi Used Car Dealer
2018 Audi E-Tron Hatchback
Find Used Audi e-tron Cars in Lichfield. CarSite has over 1 Used Audi e-tron Cars for Sale online and over 443,495 Used Cars listed, come find a great Audi e-tron deal in Lichfield!
Browse Used Cars by section: Used Cars By Make Model | Car Supermarkets | Used Car Dealers


text:
Use Back Button to return to Index of Cases
No. 98-630
298 Mont. 401
995 P. 2d 990
PETER R. SHERNER and
Plaintiffs and Appellants,
Defendant and Respondent.
APPEAL FROM: District Court of the Thirteenth Judicial District,
In and for the County of Yellowstone,
The Honorable Russell C. Fagg, Judge presiding.
For Appellant:
Gene R. Jarussi,
Thomas E. Boland,
For Respondent:
David A. Veeder,
Jolane D. Veeder,
For Amici:
Lawrence A. Anderson,
John J. Richardson,
(Montana Trial Lawyers Association);
Gary L. Graham,
(Montana Defense Trial Lawyers);
Peter F. Habein,
( Farmers Insurance Exchange)
Heard: November 30, 1999
Submitted: December 2, 1999
Decided: February 29, 2000
Justice William E. Hunt, Sr. delivered the Opinion of the Court.
¶1.Peter Sherner (Sherner) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, granting Respondent Conoco, Inc. (Conoco) summary judgment. We reverse and remand.
¶2.The two issues on appeal are:
¶3.In 1995, Sherner was an employee at the Conoco Refinery in Billings, Montana. On August 7, a leak was discovered in a nozzle of the Fluidized Catalytic Cracker (FCC) Unit. The FCC Unit makes gasoline and light cycle oil which is processed into diesel fuel. John Gott, a member of Conoco management, elected to repair the nozzle leak and at the same time, perform work inside one of the FCC vessels known as W-58. In order to bring the FCC Unit down for repair, the refinery operations crew must follow a complex and detailed shutdown procedure. Part of this procedure involves isolating the FCC Unit from other units of the Refinery which are not going to be repaired. The FCC Unit is then steamed out in order to remove hazardous gasses.
¶4.Once the operations crew completes this procedure, the FCC Unit is turned over to a "blind" foreman who establishes that valves are closed and checks for the existence of gas using a sensor. The blind foreman may then authorize workers to begin the process of "blinding" the FCC Unit. Blinding involves inserting flat metal plates into openings in the pipes to ensure that gas such as hydrogen sulfide (H2S) does not move through the pipes to the FCC Unit. Breathing H2S gas results in poisoning and even in very low concentrations causes headaches and nausea.
¶5.Two known sources of H2S are connected to the FCC Unit; the gas recovery plant (GRP), and a desulferizer known as HDS #1. The GRP was idled but not depressurized during the August 1995 shutdown and repair and the HDS #1 was still operating under pressure. The tendency in such a situation is for gas under pressure in a closed space to move toward an area with less pressure, i.e., from the pressurized GRP Unit and the HDS #1 through the pipes to the non-pressurized FCC Unit.
¶6.According to Conoco rules no work, including blinding, could begin until the blind foreman signed a work authorization permit. It is also the blind foreman's responsibility to walk through the Unit to check valves and test for the presence of gas.
¶7.Approximately 2 hours after Lipp performed the gas sniff test at the top of W-58, he signed a work authorization permit allowing workers to begin installing blinds. Lipp assigned Sherner and another worker to install the blind on the overhead line leading to the W-58 tower (a vessel which is part of the FCC Unit). Sherner was exposed to H2S gas while he was installing the blind and was seriously injured. Conoco's investigation found that a valve on a line from the HDS #1 did not seal, allowing H2S gas to flow through the overhead line to where Sherner was working. An OSHA investigation resulted in a number of citations being issued against Conoco for violating OSHA regulations.
¶8.Sherner alleged that Conoco and its employees were liable for his injuries by reason of their intentional and malicious acts and/or omissions. Sherner also alleged that Conoco's parent company E.I. Du Pont De Nemours and Company (Du Pont) was liable for his injuries by reason of its negligence. Sherner's wife, Debra, also joined in the case seeking to recover for her loss of consortium by reason of the injury to her husband. All four defendants in the case moved for summary judgment. The District Court granted the motions in full and entered judgment in the Defendants' favor. It is from the judgment in favor of Conoco that Sherner appeals.
¶9.Summary judgment is an extreme remedy which should not be a substitute for a trial on the merits if a material factual controversy exists. Montana Metal Buildings, Inc. v. Shapiro (1997), 283 Mont. 471, 474, 942 P.2d 694, 696.
Montana Metal Buildings, 283 Mont. at 474, 942 P.2d at 696.
¶10.Our standard of review on appeal from summary judgment rulings is de novo.
Bruner, 272 Mont. at 264, 900 P.2d at 903. Having determined that genuine issues of fact do not exist, the court must then determine whether the moving party is entitled to judgment as a matter of law. We review the legal determinations made by a district court as to whether the court erred. Bruner, 272 Mont. at 264_65, 900 P.2d at 903.
¶11.What standard should be used to determine whether an employer's act or omission is "intentional and malicious," thereby allowing an injured worker to bring a tort action against his employer under § 39-71-413, MCA?
¶12.Sherner claims that the District Court erred when it ruled that his tort claim against Conoco was barred by the exclusive remedy provision of § 39-71-411, MCA. The District Court, citing our decision in Calcaterra v. Montana Resources, 1998 MT 187, ¶ 14, 289 Mont. 424, ¶ 14, 962 P.2d 590, ¶ 14, concluded that the law required Sherner to "allege and establish that the employer had actual knowledge that the employee was being harmed" in order to prove that the acts were malicious (emphasis original). The District Court then found that the facts were "insufficient to raise a genuine issue of material fact that Conoco directed intentional harm" at Sherner.
¶13.Sherner, however, contends that the District Court erred by applying the wrong standard to the facts of his case. He insists that when looking at the plain language of § 39-71-413, MCA, the facts, viewed in the light most favorable to him, with all reasonable inferences drawn in his favor, show that Conoco intentionally committed certain acts or omissions with malice which resulted in his injury. Sherner alleges that the facts surrounding the shutdown and accident showed that "acts and omissions were done intentionally in order to minimize shutdown time and the resulting financial losses." He further asserts that contrary to the District Court's finding, the plain language of § 39-71-413, MCA, does not require an injured worker prove an employer intentionally harmed him but only that he prove the act or omission which caused the injury was intentional and malicious. Sherner insists that if we apply the appropriate standard for an "intentional and malicious act or omission" it is clear that he is entitled to present his claim to a jury.
¶14.Sherner bases his argument on the allegation that this Court's interpretations of the phrase "intentional and malicious act or omission" have been inconsistent and require clarification. He contends that we should reverse those cases in which we have held that a worker must show an intent to harm/injure on the part of the employer as outdated and inconsistent with the legislative mandate embodied in § 39-71-413, MCA. Sherner claims such inconsistencies have arisen because this Court has not followed rules of statutory construction and recognized the impact of the 1973 statutory changes in the Act on then-existing case law.
¶15.Conoco responds that Sherner is precluded from arguing that this Court should adopt a new standard for determining whether an employer's act or omission is "intentional and malicious," because he failed to ask the District Court to apply a legal standard other than that already in existence. Sherner, however, insists that he did in fact preserve this issue for appeal by stating in his Brief in Opposition to Conoco's Motion for Summary Judgment; "evidence that an employer knew its acts created a high degree of harm to an employee or class of employees is sufficient to meet the intentional act requirement of § 39-71-413, MCA." Setting out the full definition of malice provided at § 1-1-204(3), MCA, Sherner stated, "[m]alice is implied where intentional acts are committed without justifiable excuse, privilege or defense. . . [and] can be found where the acts are intentional even though the consequences are not. . . ." We conclude that Sherner sufficiently raised in District Court the issue of the proper standard for determining whether an employer's act or omission is "intentional and malicious," under § 39-71-413, MCA, to allow this Court to address this issue on appeal.
¶16.It is Conoco's assertion that even if we address Sherner's argument on appeal, we should not overrule our prior precedent. It contends Sherner's request for this Court to reexamine our prior case law, and reverse Great Western Sugar Co. v. District Court (1980), 188 Mont. 1, 610 P.2d 717, and its progeny, is unnecessary because we have already overruled part of Great Western Sugar Co. and have recently clarified and refined its principles in Schmidt v. State (1997), 286 Mont. 98, 951 P.2d 23, and Calcaterra.
¶17.We begin our discussion by providing some background on the Workers' Compensation Act. The purpose of the Act is to protect both the employer and the employee by incorporating a quid pro quo for negligent acts by the employer. The employer is given immunity from suit by an employee who is injured on the job in return for relinquishing his common law defenses. The employee is assured of compensation for his injuries, but foregoes legal recourse against his employer. See Sitzman v. Schumaker (1986), 221 Mont. 304, 307-08, 718 P.2d 657, 659.
¶18.The concept that the Act is the exclusive remedy for an employee who is injured or killed in the scope of his or her employment has its origin in Article II, Section 16 of the Montana Constitution, which provides;
Art. II, Sec. 16, Mont. Const.
¶19.This constitutional provision is implemented through § 39-71-411, MCA, which provides generally that the Act is the exclusive remedy for injury to or death of an employee covered by the Act.
Section 39-71-411, MCA.
¶20.In Enberg v. Anaconda Co. (1971), 158 Mont. 135, 489 P.2d 1036, we addressed the exclusive remedy rule, holding that where plaintiff's complaint did not allege intentional injury by the defendant employer, any claim for relief was barred by the exclusive remedy provisions of the Workers' Compensation statute. Enberg, 158 Mont. at 137-38, 489 P.2d at 1037.
After our holding in Enberg, the Montana Legislature repealed 92-204, RCM 1947 and enacted 92-204.1 RCM 1947, making a significant change by providing that a worker could sue a fellow employee if the worker's injuries were caused by the "intentional and malicious act or omission" of a co-worker. 92-204.1 RCM 1947 (today codified at § 39-71-413, MCA).
Section 413's exclusive remedy exception provides;
Section 39-71-413, MCA, (emphasis added).
¶21.Despite this legislative change, we held that where a complaint fell short of alleging an intentional tort, it did not state a claim that would override the exclusivity provision of the statute. Great Western Sugar Co., 188 Mont. at 6, 610 P.2d at 719. It is in that holding Sherner alleges this Court erred by focusing not on the "intentional act or omission" as provided in § 413, but on the harm which results from the intentional act. We stated;
Great Western Sugar Co., 188 Mont. at 7, 610 P.2d at 720 (emphasis added).
¶22.Sherner claims that such a holding and its progeny are improper because they are based upon our holding in Enberg, issued prior to the 1973 Legislature's change in the Act which gave workers an exception to the exclusive remedy clause in § 39-71-411, MCA. Sherner suggests that holding has resulted in inconsistencies in this Court's interpretation of "intentional and malicious act or omission" which have occurred ever since by continuing to follow pre-1973 case law interpreting the Act as it existed at that time and by failing to recognize the significant statutory change made in 1973 by the Montana Legislature.
The outcome, Sherner argues, is that the current requirements place a higher burden on an injured worker than the plain language of § 39-71-413, MCA, requires. Sherner insists that on its face, the plain language of § 39-71-413, MCA, only requires a worker to show that the act or omission which caused his injury was "an intentional and malicious" act or omission.
Today Sherner urges this Court to correct past inconsistencies and remedy this alleged oversight by applying the "plain meaning" of "intent" and "malice" to the application of § 39-71-413, MCA.
¶23.A review of the body of case law addressing the exclusive remedy clause reveals that there have indeed been inconsistencies in our interpretation of the statutory requirements. In some decisions, we have focused on the nature of the act (see Millers Mut. Ins. Co. v. Strainer (1983), 204 Mont. 162, 663 P.2d 338; Schmidt) while in others we have focused on the nature of the harm (see Great Western Sugar Co.; Noonan v. Spring Creek Forest Products (1985), 216 Mont. 221, 700 P.2d 623; Blythe v. Radiometer America, Inc. (1993), 262 Mont. 464, 866 P.2d 218; Lockwood v. W.R. Grace & Co. (1995), 272 Mont. 202, 900 P.2d 314).
¶24.Only three years after Great Western Sugar Co., this Court ruled that Enberg and Great Western Sugar Co. did not turn on the distinction between intentional act and intentional injury, stating "malice can be found where acts are intentional though the consequences are not." Strainer, 204 Mont. at 168, 663 P.2d at 341. In Strainer, a worker was allegedly injured when he was the object of a practical joke played by Strainer, who squirted toxic smoke into his co-worker's respirator. Strainer, 204 Mont. at 164, 663 P.2d at 339. We held that § 39-71-413, MCA, permits the filing of a third party action where acts of an employee are intentional, irrespective of whether the results of that act were intended. Strainer, 204 Mont. at 168, 663 P.2d at 341-42 (emphasis added).
¶25.Additionally, we noted that the definition of malice is more expansive than simply intending the consequences of the act, pointing to definitions of malice from Montana case law; "malice is a wish to vex, annoy or injure another person, or an intent to do a wrongful act . . . [we have] also implied malice where the intentional acts of a defendant were committed without justifiable excuse, privilege, or defense." Strainer, 204 Mont. at 167-68, 663 P.2d at 341 (citing Cashin v. Northern Pac. R. Co. (1934), 96 Mont. 92, 28 P.2d 862, Poeppel v. Fisher (1977), 175 Mont. 136, 572 P.2d 912).
¶26.Two years after Strainer, we once again returned to focus on the intentional harm element and without overruling Strainer, upheld our earlier conclusion in Great Western Sugar Co. in Noonan. Noonan alleged that the facts in his case showed an intent on the part of his employer to injure him. Reviewing those facts, we stated
Noonan, 216 Mont. at 225, 700 P.2d at 625.
¶27.However, the writer of this opinion dissented; "[t]he 'intentional harm' we talked about in the Great Western Sugar Co. case . . . does not, of course, refer to any degrees of negligent conduct. Nor does it imply such conduct must go so far as to constitute conduct similar to that of assault. A specific intent to cause harm is not necessary." Noonan, 216 Mont. at 230-31, 700 P.2d at 629 (Hunt, J. dissenting).
¶28.We again relied on the intentional harm standard in Blythe, determining that the appellant had not met the standard set forth in Great Western Sugar Co. and Noonan, which required that he show intentional harm maliciously and specifically directed at him by his employer. Blythe, 262 Mont. at 469, 866 P.2d at 221. Blythe had demonstrated only that his employer knew of the defective and hazardous character of a medical device which Blythe and other employees were required to use. We concluded that he did not state a cause of action which would remove his employer from the protection of the exclusive remedy clause of the Act. Blythe, 262 Mont. at 470, 866 P.2d at 222.
¶29.In an attempt to show the facts of his case should fall outside the protection of the exclusive remedy clause, Blythe presented an argument not previously considered by this Court concerning the meaning of "malice." He contended that the definition of "actual malice" in § 27-1-221(2), MCA (applied to the Act through § 1-2-107, MCA) superceded the Great Western Sugar Co. "intentional harm" standard. We noted that a case on exclusivity had not been reviewed since § 27-1-221(2) was enacted but that the term "maliciously"as used in Great Western Sugar Co., "has a well-known meaning in Montana." Blythe, 262 Mont. at 473, 866 P.2d at 224. We pointed out that § 1-1-204(3), MCA, defines "malice" and "maliciously" as "denot[ing] a wish to vex, annoy, or injure another person . . . ," but left off the remainder of the definition "or an intent to do a wrongful act, established either by proof or presumption of law." Blythe, 262 Mont. at 473, 866 P.2d at 224; § 1-1-204(3).
¶30.Sherner asserts that this Court erred in its application of only the first portion of the definition of malice provided in § 1-1-204(3), MCA, and like Blythe, urges us to adopt the § 27-1-221(2), MCA, definition as the most appropriate definition of malice for use in § 39-71-413, MCA. Section 27-1-221(2), MCA, provides:
Section 27-1-221(2), MCA.
¶31.Taking an approach similar to that of Sherner's argument, the appellant in Schmidt argued that the plain language of § 39-71-413, MCA, required only that she prove that an employee acted intentionally and maliciously and that the requirement was satisfied by proving her husband was ordered to work under conditions which his employer or supervisor knew created a high probability that he would be injured. Schmidt, 286 Mont. at 101, 951 P.2d at 25. She argued that our decisions in Great Western Sugar Co. and Noonan misapplied the plain language of § 39-71-413, MCA, and should not be followed.
¶32.Focusing on the nature of the act, as we had in Strainer, we held that the appellant had not established an intentional act with malice which caused injuries to her husband, regardless of whether we applied the definition of malice at § 1-1-204(3), MCA, or § 27-1-221(2), MCA. Schmidt, 286 Mont. at 105, 951 P.2d at 28. In acknowledgment of the inconsistencies in the application of the "intentional and malicious act or omission" standard, we stated;
Schmidt, 286 Mont. at 105, 951 P.2d at 28.
¶33.After years of fluctuating between focusing either on the intentional act, or intentional harm, we recently applied a combination of those two standards in Calcaterra. The appellant argued that the evidence raised genuine issues of material fact that Montana Resources acted with malice and an intent to harm her husband. Calcaterra, ¶ 15. Citing Lockwood, a case focusing on "harm," we stated;
Calcaterra, ¶ 14.
¶34.We held that "Montana Resources' knowledge that an employee working 10 feet above the floor on an unsecured ladder without a safety belt and lanyard was risking injury is insufficient to raise a genuine issue of material fact that Montana Resources directed intentional harm at [the employee]." Calcaterra, ¶ 18 (emphasis added). However, in concluding, we stated that there was no "intentional and malicious act . . . which caused [the employee's] injuries and death." Calcaterra, ¶ 20.
¶35.Today, Sherner urges this Court that the case law as a whole does not reflect the statutory language of § 39-71-413, MCA. In response to that claim, we now examine that statute's plain language to determine a standard by which to judge when an act or omission is intentional and malicious. In an effort to construe the statue, this Court must attempt to "ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted." Section 1-2-101, MCA. The rules of statutory construction require the language of a statute to be construed according to the plain meaning of the words used. McClure v. State Compensation Mut. Ins. Fund (1995), 272 Mont. 94, 98, 899 P.2d 1093, 1096. If the language is clear and unambiguous, then no further interpretation is required. Stratemeyer v. Lincoln County (1996), 276 Mont. 67, 73, 915 P.2d 175, 178.
¶36.We first must determine what the Legislature meant when using the word "intentional" in the Act. Because "intentional" is not defined in the Act and the term does not require a technical definition, we construe it according to its plain meaning. "Intentional" is defined as "1. done deliberately; intended. 2. having to do with intention." The American Heritage Dictionary of the English Language, Third Edition, 1996.
¶37.While "malicious" is not defined in the Act and has no technical definition, it is defined in two places in the code; §§ 1-1-204(3), MCA, and § 27-1-221(2), MCA. As Sherner points out, our prior case law has resulted in inconsistencies in the definition of malice. Sherner suggests that this Court should adopt the definition of "actual malice" as provided in § 27-2-221(2), MCA. We agree. We conclude that rather than attempting to weave together a patchwork of inconsistent definitions from earlier case law, the appropriate definition of "malice" for use in § 39-71-413, MCA, is that found in § 27-1-221(2), MCA;
Section 27-1-221(2), MCA.
¶38.The term "act" is not defined in the Act and has no technical definition. Therefore, it may also be construed according to its plain meaning. "Act" is "the process of doing or performing something." The American Heritage Dictionary of the English Language, Third Edition, 1996. Finally, the term "omission" may similarly be construed according to its plain meaning; "1. the act or an instance of omitting; 2. the state of having been omitted; 3. something omitted or neglected." The American Heritage Dictionary of the English Language, Third Edition, 1996.
¶39.Conoco responds that if we apply the plain language doctrine to the statute, then the exception to the exclusive remedy rule would not apply to this case at all because it only refers to causes of action against fellow employees. However, we have held that while the language of § 39-71-413, MCA, provides for a cause of action only against a fellow employee or other servant of the employer who intentionally and maliciously injures an employee, such an action may be brought against the employer as well. Sitzman, 221 Mont. at 307-08, 718 P.2d at 659. To fail to hold employers liable in the same manner as their employees by permitting an employer to commit an intentional and malicious act or omission that causes an injury to an employee, and then allowing him to hide behind the exclusivity provision of the Act, would defeat the purpose of the Act.
¶40.Whether it was error for the District Court to grant summary judgment in favor of Conoco.
¶41.Consistent with our holding above, and with the new standard set forth herein applying the plain language of the statute and the definition of "actual malice" found in § 27-2-221(2), MCA, we conclude that there are genuine issues of material fact in the present case, and therefore, summary judgment is not appropriate.
¶42.The Judgment of the District Court dismissing Sherner's complaint against Conoco based upon the award of summary judgment in favor of Conoco is vacated. The claims against Conoco are remanded to the District Court for trial upon the merits and application of the plain meaning of "intentional and malicious act or omission" as set forth in this opinion.
¶43.Reversed and remanded.
We Concur:
Justice James C. Nelson specially concurs:
¶44.I write separately as to the point of law discussed in ¶ 39 of our opinion because I believe that it is important to articulate what, I understand, is the underlying rationale and independent jurisprudential basis for our decision on this matter.
¶45.Conoco correctly states that reading the plain language of § 39-71-413, MCA, the "intentional tort" exception only applies to suits against the injured worker's co-employee. Notwithstanding, as our opinion points out, we held in Sitzman v. Schumaker (1986), 221 Mont. 304, 718 P.2d 657, that suit could also be brought against the employer. Sitzman, 221 Mont. at 307, 718 P.2d at 659.
¶46.Our holding in Sitzman flowed as the natural consequence of our decision in Enberg v. Anaconda Co. (1971), 158 Mont. 135, 489 P.2d 1036. In Enberg we created a common law exception to the exclusive remedy rule for workers injured by the intentional acts of their employers. Enberg, 158 Mont. at 137, 489 P.2d at 1037. In 1973, the legislature enacted § 92-204.1, RCM (1947) (the predecessor to § 39-71-413, MCA). This statute created the statutory exception to the exclusive remedy rule for intentional acts and omissions by co-employees. Thus, after 1973, the exception applied to employers via the common law and Enberg, and to co-employees via the statute. Importantly, both standards were the same.
¶47.For this reason, Sitzman, decided in 1986, did not create a new common law exception to exclusivity; it merely applied "in a similar manner" the rationale of the exception that had already been created in Enberg. As this Court did in Enberg, the Sitzman Court focused on the purpose of the Act and concluded that to give the employer immunity for intentional torts would effectively destroy the quid pro quo; grant the employer the right to assault his employees and then hide behind exclusivity; force other employers to subsidize this wrongful conduct; allow the offending employer to benefit from his own wrongdoing; and, thus, defeat the purposes of the Act. Sitzman, 221 Mont. at 307-08, 718 P.2d at 659.
¶48.Furthermore, there are good reasons why the exception for intentional and malicious acts and omissions must apply in the same fashion to employers and co-employees alike. In Madison v. Pierce (1970), 156 Mont. 209, 478 P.2d 860, we interpreted § 92-204, RCM (1947), which granted employers immunity from common law and statutory negligence actions brought by the injured employee, but allowed third party actions against persons or corporations other than the employer. Madison, 156 Mont. at 212, 478 P.2d at 862. In Madison, the injured worker was receiving compensation under the Act, but then attempted to sue various corporate officers of her employer, and her foreman. Madison, 156 Mont. at 210-11, 478 P.2d at 861-62. The question was whether the statute's explicit grant of immunity to the employer also encompassed a grant of immunity to co-employees--here executive and management personnel. Madison, 156 Mont. at 213, 478 P.2d at 862-63. We held that it did. Madison, 156 Mont. at 219, 478 P.2d at 866.
¶49.Again, we looked to the purpose of the Act. We stated:
Madison, 156 Mont. at 213, 478 P.2d at 863. We then went on to explain:
Madison, 156 Mont. at 213-14, 478 P.2d at 863. Thus, the foundation for the Act is the principle of "enterprise liability"--that is, recognition that the costs of compensating injured workers are, like other production expenses, simply a cost of doing business to be passed on to the public in the price of the product.
¶50.Recognizing this fundamental principle, we then acknowledged the corollary that:
Madison, 156 Mont. at 215, 478 P.2d at 864.
Since the employee's acts are the acts of his corporate employer for the purpose of establishing the employer's liability, they are equally so for the purpose of establishing the employee's liability. Liberal construction of the Act in favor of the injured workman does not compel us to ignore the equal rights of his fellow employees, specifically that the employer of a given business enterprise shoulder the costs of injury to his employees without recourse to contribution from coemployees. Madison, 156 Mont. at 217, 478 P.2d at 865.
Montana's Act is founded on the principle of enterprise liability and enterprise immunity. Therefore the contractual liability of the employer and the immunity of the coemployee in tort coexist; the coemployee is a member of the enterprise and not a stranger to the Act; that injury costs are not subject to being shifted around among the members of the enterprise, i.e. employer, employee, and coemployee, but remain solely the obligation of the employer; . . . Madison, 156 Mont. at 219, 478 P.2d at 866.
¶51.Having thus determined that the Act was founded on the principles of enterprise liability, we then held that the immunity afforded by § 92-204, RCM (1947), extended to co-employees acting in furtherance of the employers' business. Madison, 156 Mont. at 219, 478 P.2d at 866. And, as already noted above, § 92-204.1, RCM (1947), enacted by the legislature in 1973, effectively codified Madison.
¶52.Returning to the case at bar, this same principle of "enterprise liability" dictates why Conoco's argument that the "intentional tort" exception only applies to suits against the injured worker's co-employee must fail. "[I]njury costs are not subject to being shifted around among the members of the enterprise, i.e., employer, employee, and co-employee, but remain solely the obligation of the employer." Madison, 156 Mont. at 219, 478 P.2d at 866. Were the intentional tort exception standards different as to employers and employees, then liability for an intentional and malicious act or omission committed by a co-employee at the direction of the employer and in furtherance of the employer's enterprise, would be shifted from the employer to the co-employee--contrary to the doctrine of enterprise liability, the foundation principle of the Act.
¶53.Accordingly, there is a well-established and independent jurisprudential basis for holding that the intentional tort exception to exclusivity applies to employers. That basis derives from the common law and the doctrine of enterprise liability.
¶54.I concur.
Justice W. William Leaphart concurs in the foregoing special concurrence.
Justice Karla M. Gray, dissenting .
¶55.I respectfully dissent from the Court's opinion, which adopts entirely new standards for determining whether the
exception to the exclusive remedy provision contained in § 39-71-413, MCA, applies and also adopts the § 27-1-221,
MCA, definition of malice. Based on the procedural posture in which this case presents itself, I would do neither and would affirm the District Court.
¶56.Our general rule is that we will not address either an issue raised for the first time on appeal or a party's change in legal theory. See Day v. Payne (1996), 280 Mont. 273, 276, 929 P.2d 864, 866 (citations omitted). The rationale underlying this rule of judicial restraint is that "it is fundamentally unfair to fault the trial court for failing to rule correctly on an issue it was never given the opportunity to consider." See Day, 280 Mont. at 277, 929 P.2d at 866 (citation omitted). I would apply these long-standing rules in the present case and conclude that Sherner waived the right to argue both the "plain meaning" of § 39-71-413, MCA, and adoption of the § 27-1-221, MCA, definition of malice--the very matters on which the Court decides this case--by failing to do so in the District Court.
¶57.Conoco moved for summary judgment in the District Court pursuant to this Court's cases interpreting § 39-71-413, MCA, and applying the § 1-1-204(3), MCA, definition of malice. The portion of Sherner's brief in opposition to Conoco's motion which set forth the "substantive law pertaining to actions against employers" was brief--only two pages--and to the point.
¶58.With regard to the exception contained in § 39-71-413, MCA, Sherner's brief first quoted the statute and then observed that we have interpreted that statute to allow an injured employee to bring an action against the employer as well as against a co-employee. The remainder of his argument under § 39-71-413, MCA, only one paragraph long, cited to cases interpreting that statute, including Calcaterra, Schmidt, Lockwood and Great Western Sugar. No argument was made, even implicitly, that those cases were wrongly decided under § 39-71-413, MCA, or that a "plain meaning" standard should apply.
¶59.The portion of Sherner's brief regarding the substantive law applicable to "malice" also was short. It stated, in its entirety:
¶60.I cannot join the Court in allowing Sherner to totally repackage his case on appeal by changing his legal theory and raising new legal arguments and then resolving the case on the basis of those new arguments. This approach undermines the proper role of the district courts and this Court, and permits this Court to reverse trial courts on issues never presented them for initial decision making. I dissent.
Chief Justice J. A. Turnage:
I concur in the dissent of Justice Gray.
Use Back Button to return to Index of Cases


text:
Camas Colchon Absolute Beds
Can't Find What You Are Looking For?
Call +34 675 084 580 /
Contact Us
Search & Suggest
How To Find Us
Home Delivery
Price Promise
Shop EN
New Product
Classic House Versailles Silk Button Bed Frame
Absolute Beds Valois Bed Frame
Frank Hudson Spire Bed Frame
Leather New York TV Bed including LG Television
Kaydian Durham Modern Leather Bed Frame
Revival Collection Ambassador Solid Pine Bed
Frank Hudson Louis XV Collection Bed
Hypnos Ortho Super Deluxe 1300 Pocket Sprung Divan Bed
Revival Collection Ambassador Four Poster Solid Pine Bed
Komfi Eco Bed Frame
Komfi Koko Ottoman Bed Frame
Classic House Cream Faux Croc Leather Sleigh Bed Frame
Classic House Valbonne Heavy Carved Bed Frame
Jensen Vision Continental Bed Set Including Sofline I Topper
Absolute Beds - Guarantee / Warranty
Manufacturers Guarantee
The manufacturers of bedding goods generally offer a guarantee of a stipulated length on their goods from the date of delivery of the good(s) purchased. The provisions of any manufacturers guarantee will be attached to your good(s) on delivery. This guarantee is an added benefit and does not affect your statutory rights as a consumer. The manufacturers guarantee terms will contain warranties relating to the quality of their goods. Should a breach of a manufacturers guarantee arise due to either faulty material or poor workmanship, the manufacturer promises to act in accordance with the guarantee they offer. Generally, a manufacturers guarantee will provide for the replacement of any part or the entire product that is defective and ensure delivery free of charge.
Any complaints made by you during the period covered by the manufacturers guarantee should initially be made to us in writing (by fax, email or letter), quoting your order reference number and setting out the alleged fault. We shall then liaise with the manufacturer on your behalf and keep you fully informed of how the matter progresses.
If your product is faulty or damaged when delivered, you must follow the procedure set out in our
Terms and Conditions
under Damaged or Faulty Goods.
In order to make use of manufacturers warranty, the client/customer must comply with manufacturers Guarantee terms requirements. See Below Links.
If the manufacturers guarantee requires you to return a completed manufacturers guarantee registration card, then to make use of our warranty you must have completed and returned the original manufacturers guarantee registration card within 4 weeks of receipt of the goods or other such timeframe as stipulated by the manufacturer and within the same timeframes mentioned above you must have also provided us with a copy of the duly completed manufacturers guarantee registration card at the address/details listed in the Customer Services Contact Details clause below.
The good(s) must be or have been turned regularly, as per the instructions, thereby minimising the settlement of the cushioning layers. The exception is a no turn product, which will be clearly specified on the tag.
The warranties cover physical defects and, in memory foam material, changes that cause a visible indentation of more than 3cm.
We are unable to accept items that are either soiled or un-hygienic. Therefore, please ensure that you use an adequate mattress protector/cover from the first day of use.
The warranties do not cover normal changes in tension, discolouration or any dislike of the inherent smell of memory foam.
The Manufacturer Warranty is void and you will not be entitled to a replacement product if a fault results from misuse of the goods. Examples of misuse include:
(a) Use without bed linen; such as mattress protector
(b) Rolling or bending the good(s);
(c) Subjecting the good(s) to excessive wear and tear, e.g. jumping up and down on the mattress(es);
(d) Using the good(s) for something other than their normal and proper use;
(e) Using the goods in a careless or negligent manner;
(f) Altering, modifying or otherwise interfering with the good(s);
(g) Using the good(s) with a base for which it was not designed (e.g. an old sprung base); and
(h) Overloading any drawers and causing distortion of the base.
(I) Infiltration of any liquid - water -detergent - juices - drinks.
If a claim is made under the warranty, you must present an invoice or sales receipt as documentation of your purchase.
All claims must be made to us in writing (by fax, email or letter), setting out the alleged fault, quoting your order reference number (if known) and attaching proof of purchase (an invoice or sales receipt). Our registered address (for notices sent by post), fax and email details can be found at the Customer Services Contact Details clause below.
Wherever possible, any replacement will be identical goods or made of identical material. However, if identical goods or material is no longer available, we reserve the right to substitute appropriately with a similar good /material or one of higher quality.
For all Manufactures specific terms & conditions applies. Please read their terms & condition on their website and guarantee & service card. Please Click here :
For Sealy:
For Ashley Anderson: http://www.ashleyanderson.co.uk/5_year_guarantee
For Birlea Beds:
For Coach House Furniture:
For Dorlux Beds:
For Dunlopillo Beds:
For Essentia Organic Mattresses:
For Hypnos Beds:
For Jay Be Beds:
For Jensen Beds:
For Kaydian Beds:
For Komfi Beds:
For Mammoth Health Mattresses:
For Millbrook Beds:
For Naturalmat Mattresses:
For Old English Bed Company:
For Original Bedstead Company:
For Rest Assured Beds:
For Relyon Beds:
For Revival Bed Company:
For Silentnight Beds:
For Slumberland Beds:
For Staples Beds:
After 1 year Guarantee - request for visit inspections and transport cost are not included and chargeable to client.
How to reach us to take advantage of the manufacturers guarantee and warranty
To take advantage of the manufacturers guarantee and warranty you must have complied with our conditions, and if applicable, have completed and returned the original manufacturers guarantee registration card within 4 weeks of receipt of the goods or other such timeframe as stipulated by the manufacturer and provided us with a copy.
All claims made under the manufacturers guarantee and our warranty must be made to us in writing (by fax, email or letter), setting out the alleged fault, quoting your order reference number (if known) and attaching proof of purchase (an invoice or sales receipt).
UK Mobile: + 44 (0) 7768 732 031 Spanish Land Line: + 34 952 787 916Spanish Mobile: + 34 675 084 580
If you wish to contact us by phone for any reason, our phone number is listed below, however, all warranty and guarantee claims must be made in writing; telephone is insufficient:
(Calls charged at normal rates)
(Open: Monday to Saturday 10am - 6pm, Sunday
and Bank Holidays 11am - 5pm)
Shop by Phone
+34 952 787 916
+34 675 084 580
Open 6 Days
Store Opening Hours
Total €0.00
Customer Reviews
Shop by Size
Single Beds
Small Double Beds
Double Beds
King Size Beds
Euro King Size Beds
Super King Size Beds
Single Mattress
Small Double Mattress
Double Mattress
King Size Mattress
Euro King Size Mattress
Super King Size Mattress
IKEA Sized Mattresses
Top 5 Best Sellers
Kaydian Rothbury Leather Bed Frame
Old English Up Lift Ottoman storage Base
SleepShaper Original 25cm Memory Foam Mattress with Outlast? Adaptive Temperature Control
Special Offers
SleepShaper Original 25cm Memory Foam Mattress with Outlast? Adaptive Temperature Control
SleepShaper Duo Pocket Spring & Memory Foam Mattress with Outlast?
Visco Therapy Memory Gold Mattress
Kaydian Bamburgh Leather Sleigh Bed
SleepShaper Original 20cm Memory Foam Mattress with Outlast? Adaptive Comfort?
Kaydian Kenton Faux Leather Bed
SleepShaper Streamline Memory Foam Mattress
Dorlux Contourflex Lift Up Ottoman Storage Bed Base
Spanish Brands
Colchon Ambar de Astral de la Serie Nature en Muelles Double Offset y productos naturales
Colchon Astral Eos de la Serie Nature en Muelles Double offset
Colchon Bora de Astral de la Serie Nature en Muelles ensacados y productos naturales
Colchon Latex 2000 en Latex 100% de Astral
Camas Colchon Absolute Beds
About Us
Guarantee / Warranty
Price Promise
Privacy Policy
Quotation Request
Returns Policy
Terms & Conditions
Why Buy From Discount Beds and Mattresses
Choosing A Bed
Bed Buyers' Guide
How To Care For Your New Bed & Mattress
Bed Types
Sleep Essentials
Solving The Problems of Sleeplessness
How To Choose The Right Pillow
What is Memory Foam
Telephone: 0203 129 2170 or 0203 129 8951
Contents ©2008 - 2018
Discount Beds Mattresses
Site by PGWD


text:
Actuarial Science department web site
The actuarial science program strives to provide high-quality undergraduate-level preparation for students planning careers in the actuarial profession. Students will be thoroughly grounded in the technical skills required for actuarial work and will also be prepared to be business leaders in the financial services industry.
Graduates of the program should clearly meet the entry-level expectations of the leading insurance companies and consulting firms. As such, they should be prepared to be successful on the early professional examinations of the Society of Actuaries and the Casualty Actuarial Society. In addition, they should understand the manner in which this knowledge relates to the business of insurance and be able to solve less structured problems and coherently present their solutions.
The available courses prepare students for the first five examinations of the Society of Actuaries and five of the first six exams of the Casualty Actuarial Society. These courses also enable students to obtain credit for the three 'Validation by Educational Experience' subjects. Students typically are ready to take their first examination after two or three semesters and their second exam after three or four semesters.
Non-business requirements:
Business core:
Requirements for major:
To be fully prepared for Exam C (one of the first five actuarial examinations), students should also complete Actuarial Science 160 (Credibility and Simulation).
The joint major in actuarial science and finance provides students with an opportunity to study two subjects that require somewhat similar skills. The goal of the program is to provide students in four years with the essential skills required in both fields.
Students who complete this program are particularly suited to pursue careers in the financial services industry where the emphasis is on the management of financial assets and liabilities. This includes the insurance industry with its emphasis on asset management and variable products, and the banking industry with its emphasis on the management of interest rate risk.
For students planning to complete professional actuarial examinations, the finance courses cover several topics that appear on the advanced examinations.
Nonbusiness requirements:
Business core:
Requirements for major:
To be fully prepared for Exam C (one of the first five actuarial examinations), students should also complete Actuarial Science 160 (Credibility and Simulation). Actuarial Science 170 (Statistical Modeling and Data Analysis II) or Economics 107 (Introduction to Econometrics) is needed for the Validation by Educational Experience requirement of the actuarial societies.


text:
March 20, 2018 - Rotary Club Luncheon at the Hyatt Regency
March2018RotaryClubLuncheontheHyattRegencyRotary Club Luncheon at the Hyatt Regency
Photography by: Mark L. Dennis and Jay L. Baker
Privacy Policy
Terms of Use
250 City Hall, Baltimore, MD 21202
Phone (410) 396-3835Fax (410) 576-9425
Copyright © 2014 City of Baltimore & Catherine E. Pugh, Mayor.
All Rights Reserved.
Powered by SmugMug


text:
Your browser does not support iframes.
A cemetery is the final resting place for us when our life ends here on earth.
In the 1992 presidential election between George H.W. Bush and Bill Clinton, James Carville coined the phrase "It's the economy, stupid" to focus attention on the then-prevailing recession in the United States.
I would like to take this opportunity to coin my own variation for this year's Solicitor's race, "it's experience, stupid."
As some of you may recall, I ran for solicitor in the Republican primary and came up short.
Law professor Richard A. Lord's words in his letter to the editor, "Letter shows lack of legal system understanding," published in the Sept. 10 edition of The Lancaster News are a timely reminder of a bed rock principle of American jurisprudence when so many cases involving homicide, race and sex, sometimes in combination, are being decided in the news media rather than the courtroom.
Lancaster Dixie Youth Baseball is a non-profit agency that strives to teach children how to play a competitive sport while teaching good sportsmanship and teamwork. We believe that keeping children constructively active can keep our youth out of trouble.
In our 2014 season, we had all five leagues, ages 4-14, win the district title.
Lancaster County's annual Veterans Day parade and program is set for Nov. 9.
Lineup starts at 11 a.m. at the Lancaster County Courthouse parking lot on Dunlap Street. The parade will start at noon as it proceeds from Dunlap Street onto Main Street ending at the American Legion. The program will start about 1 p.m. at the American Legion.
The United Bible Way Church of Lancaster dedicated the Hillside Memorial Park and Walking Track on Sunday, Sept. 9. The church family and invited guests gathered under the shelter and listened to Pastor Kenny Rose as he proclaimed what God had given the church and to the greater Lancaster community.
Kenji Mackey, the coordinator for the walking trail, shared Pastor Rose's God-given vision to emphasize how important exercise is to our health, especially walking.
Among the many wars throughout world include those in Israel and Iraq. The Bible predicts numerous wars and plagues will hit the Earth. AIDS and HIV diseases originated in Africa. Now Africa suffers with the deadly Ebola. If it hits the United States it would probably wipe out much of our population. It could happen. With all the travelers someone is bound to bring it back to the U.S.
Are these examples of the fulfillment of the Bible's prophecy? There will be a war above all wars.
I am writing in response to the violence in Ferguson, Mo. It truly hurts me to see what is happening there. My thoughts and my prayers go out to the family of Michael Brown.
Have we forgotten that prayer changes things, not violent protesting? It is time to "let go and let God." Look up to where our help comes from. He answers prayers in his time, not ours.
Help Mr. Brown's family. Don't hurt them in the way you are protesting.
Peace and calm are the keys to this situation. Jesus said it, "Peace be still."
There is near unanimity that the condition of our state's roads is in serious decline. However, there is debate as to why. Our roads are an asset, and as with most assets their condition can be measured by numbers.
What follows are figures that must be considered to make South Carolina's roads and bridges as safe and smooth as they were a generation ago.
S.C. Taxes and Fees
u South Carolina ranks No. 4 among 50 states in miles of state-maintained roads with 41,460 miles
u South Carolina ranks No 3 among states in lowest fuel tax
Copyright © 2019
The Lancaster News is your source for local news, sports, events, and information in Lancaster County and Lancaster, South Carolina, and the surrounding area..


text:
Hillary Clinton getting boost from liberal super PAC
In the latest sign that Hillary Rodham Clinton will run for president, the nation's largest left-leaning super PAC said Thursday that it is raising money for the former secretary of state - an effort that will be led in part by two Bay Area residents.
Jennifer Granholm, a former Michigan governor who now lives in Oakland and teaches public policy at UC Berkeley, will co-chair the Priorities Action USA political action committee, along with President Obama's former campaign manager, Jim Messina. UC Berkeley law Professor Maria Echaveste, White House deputy chief of staff under President Bill Clinton, was also named Thursday to the PAC's 14-member board.
Messina's presence is a sign that animosities that built up between the Clinton and Obama camps during the 2008 Democratic primaries have eased. Another indication of improved ties: The executive director of Priorities Action USA is Buffy Wicks, Obama's 2008 California field director.
The group's challenge, Granholm said Thursday, is to keep up with conservative-run super PACs. Priorities Action USA raised $79 million during the 2012 campaign, while the pro-Mitt Romney Restore Our Future tallied $153 million and the Karl Rove-affiliated American Crossroads, $117 million, according to the nonpartisan Center for Responsive Politics.
Many liberals, however, are uncomfortable with super PACS, saying they give wealthy donors more access to political power than other voters.
The committees, created as an outgrowth of the U.S. Supreme Court's Citizens United decision of 2010, can raise an unlimited amount of money from unions, corporations, individuals and associations. Although barred from coordinating their actions directly with parties or candidates, they can spend unlimited amounts - and their bottomless coffers fueled some of the nastiest political ads of the 2012 campaign.
Cranking up a super PAC nearly three years before the 2016 presidential election for Hillary Clinton, who hasn't even announced she's running, is the latest escalation "of an 'Alice in Wonderland' type of campaign finance system," said Robert Weissman, president of Public Citizen, a nonpartisan organization dedicated to giving citizens a louder political voice.
Despite supporting calls for a constitutional amendment to overturn the Citizens United ruling, Obama followed the big donors. He attended 221 fundraisers during his first term, according to a count by CBS News, compared with 101 public rallies.
"Obama campaigned on changing the system, but he hasn't done anything to change it," Weissman said.
Granholm, who often railed against the Citizens United decision while hosting "The War Room with Jennifer Granholm" cable TV program, said that "ultimately, the goal (of the super PAC) is to work ourselves out of a job."
"I want to elect a president who will appoint a Supreme Court justice who will overturn Citizens United so there is no necessity or no legality for this unfettered flow of money," said Granholm, who will be serving as a volunteer on the committee.
"But you can't unilaterally disarm," Granholm said. If liberals don't play by the existing rules, she said, "we would be laying down all weapons and forfeiting. And we're not going to do that."
Joe Garofoli is a San Francisco Chronicle staff writer. E-mail: firstname.lastname@example.com Twitter: @joegarofoli


text:
Andrea Simms
Andrea Simms prefers outgoing people, perhaps thats why she works with children. After all children can be the most outgoing of all. She also likes reading, writing and music. Andrea has a goal to become a 3rd or 4th grade teacher. Her likes include laughing, smiling, outgoing people and humor.


text:
Conducting an internal investigation can be a difficult task. Internal investigations, by their very nature, tend to involve accusations of wrongdoing against employees within the organization and can be disruptive, costly, distracting, and time consuming. However, internal investigations are often necessary for the well-being of the company. This online self-study course explores the process of gathering and protecting evidence to ensure your investigation is successful.
You Will Learn How To:
Identify situations that call for an internal fraud investigation
Explain the elements of planning internal fraud investigations
Apply the fraud theory approach and fraud examination methodology to internal investigations
Differentiate the characteristics of civil and criminal actions for fraud
Assess legal concerns encountered when conducting internal fraud investigations
Recognize employees' rights during internal fraud investigations
Describe processes to assess, collect, maintain and organize information obtained in an investigation
Evaluate processes to help ensure the admissibility of tangible and digital evidence in court
Apply techniques for preserving the confidentiality of internal investigations
Identify methods for collecting relevant information from internal and external sources
Field of study: Specialized Knowledge and Applications
Last updated: December 2014
ACFE Ordering and Return Policy
Please note: To be eligible for CPE credit, you must complete the final exam within one year of purchase date. You may only claim CPE credit for a course once.
Table of Contents:
Lesson 1: Introduction
Lesson 2: Deciding Whether to Conduct an Investigation
Lesson 3: Accountants' and Auditors' Duties to Investigate
Lesson 4: Planning the Investigation
Lesson 5: Fraud Examination Methodology
Lesson 6: Steps in a Fraud Examination
Lesson 7: Collecting Documentary Evidence
Lesson 8: Legal Requirements Related to Document Collection
Lesson 9: Digital Evidence
Lesson 10: Internal Sources of Documentary Evidence
Lesson 11: External Sources of Documentary Evidence
Lesson 12: Organizing Documentary Evidence
Lesson 13: Preserving the Confidentiality of the Investigation
Lesson 14: Employees' Rights and Duties During an Internal Investigation
Lesson 15: Employees' Privacy Rights During an Internal Investigation
Lesson 16: Criminal Actions for Fraud
Lesson 17: Remedies in a Criminal Fraud Case
Lesson 18: Civil Actions for Fraud
Lesson 19: Establishing Elements of Fraud Claims
Lesson 20: Federal Criminal Statutes Pertaining to Fraud
Lesson 21: Discharging Employees
ACFE online self-study courses feature:
24/7 access to courses through your Internet browser
Save time and quickly earn CPE credits with instant access, grading and printable certificate
The flexibility to start or stop a course and pick-up right where you left off
No additional shipping fees
Learn more about accessing your online self-study course.
Learn more about online self-study courses and their features.
Internet access: High-speed connection recommended
Free Adobe Flash Player
Speakers required for video sound
Online Self-Study Troubleshooting Guide:
Problem: When I attempt to access my courses from "My Online Learning," the course never launches, or I receive an error message saying my pop-up blocker needs to be turned off.
Solution: Your web browser must be configured to allow pop-ups in order to access ACFE Self-Study courses. Your browser may prompt you to allow pop-ups, or you may have to allow them manually. You may either allow them for all sites, or allow them just for the
current site.
For information on how to manage your pop-up blocker settings in a specific browser, click the link below that corresponds to the browser you are using:
Internet Explorer
Google Chrome
Also note that many toolbars, such as the Google Toolbar and Yahoo! include pop-up blockers as well. If you have one or more toolbars installed on your browser with built-in pop-up blockers, you must configure them to allow pop-ups.
Problem: When I click on a course from "My Online Learning," I am presented with a login page, but my ACFE.com username and password won't allow me to log in.
Solution: You do not have to log in a second time to access your online self-study. You most likely reached the login page because you clicked the link labeled "Click Here" as shown below:
Do not click that link; instead, allow your browser to automatically open the eLearning window on its own, which should happen after a few seconds. This will log you in automatically so that you can access your online courses.
Problem: I receive the following error when I try to load a different lesson with a course:
Solution: This occurs in Internet Explorer when trying to load a different lesson without closing the current lesson. This error can be avoided two different ways:
Always close the current lesson before going to another one. Always click the Close Window button (usually the red "X" in the upper right corner) of the current lesson before clicking on another lesson.
Use a different browser. This error seems to only occur in Internet Explorer, so using Mozilla Firefox or Google Chrome should resolve the issue (see below for links to download either of these browsers).
Other Troubleshooting Tips: If you encounter other errors, such as courses freezing or crashing, we recommend taking the following action:
Try a different browser. ACFE online self-study courses are designed to run on all modern web browsers, but if you encounter a problem that is not solved using one of the suggestions above, you can try using a different web browser to see if it eliminates the problem. We have most frequently seen where using Mozilla Firefox or Google Chrome has resolved an issue that was seen in Internet Explorer.
Mozilla Firefox can be downloaded
Google Chrome can be downloaded
Make sure you are running the latest version of Flash. Go to
Adobe.com to see what version of Flash you are running, and then compare that to the table on that page to see what the latest version is for your operating system/browser combination. If you are not running the newest version, you should upgrade and see if that resolves the problem.
The Association of Certified Fraud Examiners, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:
Please note: To be eligible for CPE credit, you must complete the final exam within one year of purchase date. You may only claim CPE credit for a course once.


text:
Nvidia's Ginormous Gift to Linux Gamers
Nov 15, 2012 5:00 AM PT
What a difference a year makes.
It used to be that gaming was Linux's "Achilles' heel" of sorts, cited by more than a few enthusiasts as justification for their reluctance to switch away from Windows.
Fast forward to today, and gaming may well be the focus of more Linux-centered excitement than any other area.
How did we get from point A to point B, you may ask?
Doubled Performance
Well, it all started when Valve announced back in April that it was bringing its popular Steam gaming platform to Linux.
Soon afterward, Valve cofounder Gabe Newell declared Windows 8 a "catastrophe" that's driving his own company to Linux.
The latest news? None other than Nvidia's announcement last week that its latest R310 Nvidia GeForce drivers "double the performance and dramatically reduce game loading times for those gaming on the Linux operating system," in the company's own words.
'Music to My Ears, Baby!'
Hear that sound in the distance? It's the Linux masses, whooping and hollering with delight.
"Hardcore video games have traditionally been one of the sticking points against getting PC users to adopt GNU/Linux," enthused tepples on Slashdot, for example. "But with big companies (Valve and Nvidia) committed to bringing hardcore video games to the GNU/Linux platform, what else is in the way of making 2013 the year of the Linux desktop?"
Even more so: "Hear that, Microsoft?" wrote Type44Q. "That's the sound [of] one big motherf****** railroad spike being driven into your soft, worm-eaten coffin. Music to my ears, baby! :)"
Fans down at the blogosphere's Broken Windows Lounge had similar sentiments to express.
'It Could Be the First Domino'
"Better performance from Nvidia drivers is fantastic," exclaimed Thoughts on Technology blogger and Bodhi Linux lead developer Jeff Hoogland. "People have long said that 3D performance on Linux is sub-par to other operating systems.
"Nvidia is working with Steam to change that -- Linux will become a full-fledged gaming platform if Steam has their way," Hoogland added.
Indeed, "this is a really great sign," Google+ blogger Linux Rants agreed. "It could be the first domino."
'Where Go the Games Go the Users'
Combine this latest news with the fact that "Valve has been able to get better gaming performance out of Linux than out of Windows, and you have a combination that could sway some of your high-end gamers to, at the bare minimum, dual boot their gaming rigs," Linux Rants explained.
"This could sway game companies to make more games for Linux, meaning that gamers would have to boot into Windows less and less, eventually maybe not at all," he added.
Meanwhile, "where go the games go the users," Linux Rants concluded. "Other applications follow. If played correctly on the market, this could be the first step for Linux to more global acceptance on the desktop.
"We should send Linus a list of other companies to flip off and see if they'll improve their Linux support too," he quipped.
'Open Keeps Winning'
"Valve has been pushing for better performance in all Linux graphics drivers, not just Nvidia," noted consultant and Slashdot blogger Gerhard Mack.
"I am definitely happy with the work done so far, and will probably buy a game or three when everything comes out of beta," he added.
"Nvidia is discovering that it needs to work with the free software community whether it wants to or not," suggested Google+ blogger Kevin O'Brien.
"They recently lost a (US)$500 million contract in China rather than go open," he pointed out. "Now I think they are trying to find a way to be acceptable to the community without opening up. I don't know if they can manage that. Open keeps winning."
'It's About Time'
Similarly, "Nvidia is finally catching up with better support for GNU/Linux," blogger Robert Pogson agreed. "It's about time. Most of the issues I have had with drivers over the years were with Nvidia. I have even used Vesa drivers to get around the obstacles Nvidia placed on the market.
"I hope Nvidia has finally realized it is in Nvidia's best interest to be more helpful to FLOSS OS, which soon will dominate IT everywhere," Pogson added.
Nvidia used to be "'the' video-card maker," observed Google+ blogger Gonzalo Velasco C. "Then, it fell a little, and other companies improved. Leaving Linux 'drivers' aside was a bad move, and now they are taking care of the lost time. Welcome back!"
Meanwhile, "ATI and others look somehow stagnated, so Nvidia can get back to the top position in users' preference rankings," he predicted. "But watch out, Intel coming!"
'Like Shifting Sand'
Last but not least, Slashdot blogger hairyfeet was less optimistic.
"If the product is poor, doubling 'awful' gets you into 'okay,' not 'great'," hairyfeet said.
"There have been too many fundamental changes to the subsystems in the past few years," he explained. "It seems like every time we turn around some major part is getting gutted and replaced, from the sound to the DEs, so I have no doubt Nvidia simply gutted most of it, tossed it over their shoulder, and built their own."
The problem now is going to be "keeping it working, because again everything from the kernel on up is like shifting sand," hairyfeet concluded. "So congrats, Nvidia, let's see if you can build a system usable by Joe Average out of it."