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Ferocious hurricanes and other climate-fueled disasters are nature's stress tests. They expose faulty infrastructure and systemic inequalities, to say nothing of incompetent leadership. With payments on its massive debt to Wall Street long prioritized over safe electricity, Puerto Rico's archaic power grid was already prone to blink out in a windstorm. Then Maria hit. Help has been grudging; President Trump took eight days just to waive shipping restrictions.
Social media is full of reminders that "Puerto Rico is America." That's true in more ways than one. More than any other part of neglected and disinvested America, Puerto Rico is a harbinger of the country's future.
Municipal debts have imposed similar austerity regimes around the country, at the expense of our school systems, municipal sewage districts and rural hospitals.
In the middle of a September heat wave, many Detroit public schools closed for lack of air conditioning. Detroit, like Puerto Rico, was ravaged by decades of federal disinvestment. Then financial firms swooped in, after a market crash they caused, to exploit and exacerbate municipal debt. Is it any wonder neither place can stand up to extreme weather?
Other forms of government neglect can seemingly go unnoticed indefinitely, until the next disaster. Through something called "regulatory capture," many government systems created to protect health and safety are full of rot. Corporations infiltrate government agencies with the intention of shaping policies that end up channeling funds into their own coffers, at the expense of public welfare.
Take chemical regulation. Valerie Brown and Elizabeth Grossman report that Monsanto has corrupted the EPA's evaluations of the weed killer glyphosate, trade name Roundup, since 1973. "It's been on the market for 40 years," a Monsanto flack told me heatedly over the phone when asked for comment. "We'd know if there was a problem!" If the company and its army of paid researchers have deemed glyphosate safe, it surely must be so — never mind flaws in the research repeatedly pointed out by EPA scientists. In fact, we don't know how glyphosate — 128,000 tons of which are sprayed on U.S. crops each year, and which is present in everything from Doritos to Cheerios — affects humans. Without more independent, peer-reviewed, publicly available studies, we may never know. The EPA, underfunded and highly incentivized to use Monsanto's convenient research briefings, may never insist on finding out.
We need to relinquish the notion that good government is ours by birthright and realize that democracy must be fought for, every day.
As Naomi Klein notes in The Shock Doctrine, natural disasters offer an opportunity to create a society from scratch, to whoever can seize it. After Katrina, neoliberals privatized New Orleans' school system. In depopulated Detroit, progressives are experimenting with mutual aid and non-capitalist economies.
In Houston, a tug-of-war is already underway. Former Shell CEO Marvin Odum has been appointed to lead Hurricane Harvey recovery; at the same time, Ella Baker-inspired volunteers are offering direct aid to the storm-battered and government-neglected northeast Houston, vowing to rebuild the area "better than before."
We must assist in the progressive rebuilding of both Puerto Rico and Texas. We can also apply the same logic to the more insidious weakening of our social structures. As the hurricane-force ego of Donald Trump meets the rot of our governmental institutions, what will it take for us to both resist and rebuild? What institutions do we need as we roll up our sleeves and begin? A truly democratic Democratic Party and insistent grassroots movements, to name two.


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subset: commoncrawl


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It's six pm and the thermometer in my room, where I normally work, reads 90 degrees. No wonder I've been so miserably hot these past few days, not sleeping, and moving slower than a sloth. Somehow I managed to spend a couple hours ironing, finish my word count for the week, study my Portuguese, and straighten Mariah's hair. I'd take a nap if I could, but it's simply too hot.
Okay, enough of the negative.
This Christmas I received one of the most special gifts to date. A book, written by my daughter. It's entitled "The Little Boy Who Enjoyed Christmas" and she wrote it for me because she knows how much I love books.
This particular book, has just hit number one on my list, because it was a book, straight from her heart. And one that tells me just how much she loves me.
I'm writing another book right now, and it's spiritual theme has been a constant reminder to me of another gift. While Christmas might be a time to rememeber Christ's birth, the reason for His coming to earth was to ransom each one of us from death.
"And they sang a new song with these words: "You are worthy to take the scroll and break its seals and open it. For you were slaughtered, and your blood has ransomed people for God from every tribe and language and people and nation." Revelation 5:9 NLT
From every tribe. Every language. Every people. And every nation.
That's how much He loves us.


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We've seen lots of maps attempting to capture the worlds of George R.R. Martin's A Song of Ice and Fire, but Kitkat Pecson's playful maps aren't trying to define the geography. Instead, they offer a slightly cartoonish view of the continents of Westeros and Essos.
There are several errors in Pecson's fantasy geography (including that, in the full version of her map, Essos stretches as far to the north as Westeros does). But there's a lot of humor in her whimsical designs (look out for the presumably golden chamber pot of Casterly Rock), and it's tonally a very different view of A Game of Thrones than we usually see.
Pecson offers prints of the full map at Society 6.
A Map of Ice and Fire [Kitkat Pecson via reddit]


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Genesis 1:24
Then God said, "Let the earth bring forth living creatures after their kind: cattle and creeping things and beasts of the earth after their kind"; and it was so.
If evolutionists had a long list of transitional fossils (or even a short list) that they could point to that proved that the living creatures on this planet were "evolving", then frequently discovering fossils that obviously were unchanged –though supposedly millions of years old would not be so problematic for them.
We've written here about the unchanged "95 million year old octopi", and the fossil lamprey, allegedly 360 million years old which was identical in every respect to "modern" lampreys, and the alleged 150 million year old squid that was also identical to "modern" squids. So, if we have no transitional fossils and we have a surfeit of ancient bees that were bees and ants that were ants and spiders that were; spiders etc. etc. why would anyone believe that Darwinism is true?
Photo: Gould; saying more stuff "out of context"?
It was famous Darwinist Stephen Jay Gould who said "the lack of transitional fossils is the trade secret of paleontology".
I have to tell you that evolutionists will do a spit take if you say that there are no transitional fossils–but they become downright upset and angry if you go to the Stephen Jay Gould quote. "You're quoting him out of context they shout", (or type), ironically, looking just like angry men have always looked from the time of Adam. (They're unchanged just like spiders and bees.)
Can you imagine a scenario wherein Gould was not really trying to say that there were not a lot of transitional fossils around and that this information was not something generally known? Maybe he was just quoting the lines from some unknown B Movie?
Colin Patterson, another prominent evolutionist, formerly a senior paleontologist at the British Museum of Natural History and author of the book "Evolution" said the following re: transitional fossils and his understanding of what Gould and some of his associate paleontologists meant by the "lack of transitional fossils"
Photo:Evolution 2nd Edition; Now without transitional fossils! (Previously without transitional fossils).
In a letter to an evolutionist who had complained about the lack of drawings of these whimsical creatures (transitional ones) in Patterson's book; Evolution, Patterson responded;
"I fully agree with your comments on the lack of direct illustration of evolutionary transitions in my book. If I knew of any, fossil or living, I would certainly have included them. You suggest that an artist should be used to visualise such transformations, but where would he get the information from? I could not, honestly, provide it…
Gradualism is a concept I believe in, not just because of Darwin's authority, but because my understanding of genetics seems to demand it. Yet Gould and the American Museum people are hard to contradict when they say there are no transitional fossils.."…
Indeed they are Colin! (he's passed on)
Re: the subject at hand; scientists have discovered the very well preserved fossil of a spider which they claim is 165 million years old. Was it some kind of "pre-spider"? Something very primitive in the spider line with you know; stooped shoulders, a prominent forehead and copius hair? We know from years of indoctrination that these are the qualities that make a creature primitive.
Nope! According to the article:
E. gertschi shows all the features of the modern members of the family, found in North America, suggesting it has evolved very little since the Jurassic period, Selden said.
"The scimitar-shaped structure you notice out of the male is so distinctive," he said. "Looking at modern ones, you think, well, it's just a dead ringer."
Read More
Read More Here
Thanks to Chris Z……


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Karli Suite Save the Date Card
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Digital save the date cards will ship within 2 weeks and foil printed orders will be shipped within 3 weeks. Letterpress orders take 4 weeks. If you are needing your order sooner than this, please contact us for our rush pricing.


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10 inch Adjustable Wrench
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10 inch Adjustable Wrench
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Joe Flacco bet millions on a winner: himself
- Baltimore Ravens quarterback Joe Flacco was named Super Bowl XLVII MVP
- Flacco%27s agent says he deserves to be paid with the elite NFL quarterbacks
- Flacco three 11 TD passes and no interceptions in the playoffs
NEW ORLEANS -- Joe Flacco told us he was good. And now we believe him.
The Most Valuable Player in Sunday's Super Bowl had a whirlwind day on Monday: big news conference in the morning, the requisite trip to Disney World in the afternoon and an evening visit scheduled with David Letterman, all the trappings of modern NFL celebrity encapsulated in one sweetheart of a day after.
When the Baltimore Ravens' field general suggested last spring that he was an elite quarterback there was a lot of polite coughing, except where there were outright guffaws. How could a quarterback who'd never been to a Pro Bowl, let alone a Super Bowl, think he was elite?
XLVII:Summed up in 10 moments
FORECAST:Looking ahead to 2013
Now we know: Flacco's playoff performance compares favorably with Joe Montana, and one of Sunday's Super Bowl advertisements had fun comparing Montana to a deity.
Flacco threw 11 touchdown passes and no interceptions during these playoffs, just like Montana in the playoffs following the 1989 season. That includes Flacco's 287-yard, three-touchdown showing in Sunday's 34-31 victory against Montana's ancestral team, the San Francisco 49ers
Add it all up and Flacco is in the driver's seat — not only of the 2014 Corvette Stingray bequeathed to the game's MVP, but in talks for a for more lucrative pact from his team. Flacco gambled on himself when he tabled a long-term contract offer before the season — and won big.
He joked after Sunday's game about pounding on the desk of Ravens owner Steve Bisciotti.
"Me and Steve have had some good talks through the last few months," Flacco said. "I'm pretty optimistic. But who knows? This is a great organization. I love being here. It's a great city. I don't anticipate any problems."
It doesn't sound like Bisciotti does, either.
"Bottom line is we have our quarterback for the next 10 years, and we're going to ride Joe," he said last week.
The one-year franchise tag for quarterbacks in 2012 was $14.6 million; the exclusive franchise tag, which wouldn't allow Flacco even to talk to other interested teams, could run in the $20 million range in 2013.
"It never got contentious," Bisciotti said of last year's talks, "so I can't say cooler heads will prevail. It will just take time. And we have the franchise tag available."
Deserving of top-five QB pay?
Flacco's agent, Joe Linta, talked to USA TODAY Sports from the plane taking Flacco and his family to Disney World.
"We want to make sure it's a contract that stands the test of time," Linta said. "You don't want to be in a situation where three years from now that he's the 17th highest-paid quarterback. I'm not ready to say whether it's $18 (million) or $22 million a year. Until we sit down and see what the (salary) cap is down the road, any of the numbers you saw speculating came from other people, not me."
Linta told USA TODAY Sports during the season that his client is deserving of "top-five" quarterback money. That would put him in the $18 million-$20 million-per-year neighborhood of former Super Bowl MVPs Tom Brady, Drew Brees and Peyton Manning, who signed a five-year, $96-million deal with the Denver Broncos last March. Brees received a five-year, $100-million deal before the 2012 season started. Brady is halfway through a four-year, $72-million extension signed in 2010.
"From the team standpoint you try not to get caught up in the moment," said Andrew Brandt, a former team executive and agent and current ESPN analyst. "From the agent standpoint you have justification to ask for $20 million a year, $60 million guaranteed like Drew Brees.
"The reason it's taken so long is the Ravens haven't bought into that level of contract. Your leverage can't be better than as Super Bowl MVP."
Flacco is 9-4 in postseason play. His 63 wins in his first five seasons rank as most in the league by a quarterback since he was drafted 18th overall out of Delaware in 2008.
"When you do a deal of this magnitude, you look at body of work until now and what are the expectations going forward," Linta said. "He's going into the prime of his career. He's been a model citizen, and he's in that rarefied air of most playoff road wins" — six, not counting the neutral-site Super Bowl.
Flacco, 28, led the Ravens in playoff wins against Indianapolis Colts rookie Andrew Luck, Manning and Brady before trumping 49ers dual-threat star Colin Kaepernick. Was he shocked to be named MVP?
"I don't know that I was shocked," Flacco said at his news conference on little rest following a night of celebration. "I was shocked that I got a car."
He'll probably be trading in the Corvette for a more sensible SUV considering Flacco and his wife, Dana, announced during his Super Bowl party that the couple is expecting their second child.
Partying with the stars
Flacco's private party was at Huck Finn's on Decatur Street, a three-room French Quarter sports bar tucked away from raucous Bourbon Street, where he entertained family and friends, 60 of them flown in at his expense for the week of the biggest game of his life.
Wearing a long-sleeve gray shirt, blue jeans and gray sneakers, Flacco pushed open the door, grinning, at about 12:40 a.m. The party cheered his arrival, and before he could hug his wife, Dana, chants of "M-V-P, M-V-P" filled the bar. Flacco dished out dozens of hugs, posed for pictures and signed autographs for children who brought footballs and jerseys.
Joe and Dana gathered their four parents around a table for the evening's other piece of good news, which they whispered in the loud and crowded room: Dana is pregnant .
Coincidentally, Flacco's parents learned about the first child, who is now 7 1/2 months old, after the Ravens beat the 49ers on Thanksgiving night in 2011.
"It's a 49ers tradition now," Flacco's mother said, beaming. "He's hit the trifecta. Somebody asked me if Joe was going to go win the lottery tonight. I said, 'He already has.'"
Flacco shoveled home mouthfuls of Cajun cuisine as guests walked up to shake his hand and offer congratulations. Then he heard his name boom from a familiar voice. It was Ravens linebacker Ray Lewis on TV, interviewing with ESPN's Sal Paolantonio minutes after the game. Cheeks bulging with food, Flacco's head popped up to look at the screen.
Paolantonio asked former Super Bowl MVP Lewis, "What about Joe?"
Said Lewis: "I told him last night, 'You want to become elite? You go win the Super Bowl.'"
There's that word again: Elite. Flacco got to meet other elites at one of the postgame parties.
"I got to meet Jay-Z and got to meet Beyonce, and that was pretty cool," he said. "I don't think that would have happened if we had lost the game.
"Just lying in bed, I was exhausted and couldn't wait to put my head down on that pillow. ... I couldn't quite fall asleep. I just had my eyes open in disbelief a little bit."
Now Flacco figures to be the new face of the franchise with Lewis retiring.
"Really, the onus is on them to try and do something," said Linta. "I'm sure they'll try to work something out with us. We're not trying to break the bank.
"This is why I opened my big yap a year ago" about his client being a top-five quarterback, Linta said, "because when you watched Joe, you could see he was seeing the field in an elite way."
Contributing: Erik Brady


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I wasn't able to do this yesterday since the Hospital does not offer cable. Tonight's game is on KCAL. Here's a short video of my son listening to the great Vin Scully during the 3rd inning.
I hope everyone is doing well. I'm sure most of you are at Dodger Stadium for the Kuo Bobblehead! :)
Video - Using YouTube since Vimeo is blocked here.
{Direct Link}
Tuesday, June 14, 2011
My baby listening to Vin Scully for the first time
Posted by Roberto Baly at 8:30 PM
Labels: baby, vin scully
4 comments:
- Sauerkraut said...
a historic moment im happy you were able to catch on film. We were all thinking about you and your family tonight! Congratulations again Roberto - Casey Bain
- June 14, 2011 at 11:06 PM
- Steve said...
this brings a tear to my eye
- June 14, 2011 at 11:20 PM
- kat said...
adorable! so adorable.
- June 15, 2011 at 8:50 AM
- Roberto Baly said...
Thanks everyone! :)
- June 15, 2011 at 9:40 AM
Subscribe to: Post Comments (Atom)


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Huma Abedin, Wife of Anthony Weiner, Is Pregnant: Report
Talk about awkward timing: Just two days after Rep. Anthony Weiner admitted to engaging in salacious Internet relationships with at least six women over the last three years, sources for the NY Times are reporting that his wife, 35-year-old Huma Abedin, is in the early stages of pregnancy.
According to the report, the couple disclosed the news to close friends and family, though when they told them and how far along she is in her pregnancy remains to be seen.
Abedin, an aide to Secretary of State Hillary Rodham Clinton, has kept quiet since her husband's press conference on Monday, though the Times says she returned to work this week and is currently in Northern Africa with Clinton.
Weiner, meanwhile, remains adamant that his scandal will not destroy his marriage, telling reporters on Monday that they had no intention of separating.
Relive highlights from his press conference below.


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Gallup has an interesting poll on Gun control. Republicans, Independents, and Democrats are in agreement far more than one might have thought.
Of course I am talking about the population in general, not the extremists on both sides of the aisle in Congress.
Poll questions were specifically worded by Gallup to follow President Obama's "Now is the Time" gun control agenda.
The results are in: Americans Back Obama's Proposals to Address Gun Violence.
Most Proposals Have Bipartisan Support
Although Democrats show more support than Republicans for each proposal, majorities of both partisan groups favor seven of the nine proposals. That includes nearly universal support among Republicans and Democrats for requiring criminal background checks for all gun sales. A majority of Republicans also favor a ban on armor-piercing bullets and increasing penalties for straw purchasers, as well as the various school security, police funding, and mental health funding proposals tested.
The two proposals favored by majorities of Democrats, but not Republicans, relate to enacting bans on the sale of guns or ammunition.
Support for Proposals by Political Affiliation
click on table for sharper image
My personal check list is sure to disappoint some Republicans, some Democrats, some Independents, and some Libertarians. So be it.
- Requiring criminal background checks for all guns is a seemingly reasonable thing to do. Overall, 92% of the people favor such an action. Checks will not stop a desperate criminal, but it may stop others. Nonetheless, I have reservations as explained below.
- The proposal to increase mental health programs for youth will not be affordable. What would likely start out as a modest program will end up costing tens if not hundreds of billions of dollars down the road once bureaucrats get behind it. Ask taxpayers if they support increasing taxes to pay for the programs and I bet the answer is different. The same applies to other funding questions.
- Similarly, we do not need funding to increase training. Police departments have ample money already. Money is wasted in union graft, overpaid officers, and untenable pension programs. There is nothing wrong with increased training. However, there is everything wrong with assuming extra funds are needed.
- Increasing penalties for straw purchasers may not help a lot. However, it cannot hurt either. In conjunction with item 1, there may be a modest benefit. If not, at least item 4 will not cost anything.
- Funding 15,000 extra police is of course ridiculous. Having extra officers may not be. The solution is getting rid of collective bargaining of public unions to drive down costs, not to throw more money at the problem.
- By now you should be tuned into my line of thinking. Funding school emergency response plans is also ridiculous. This is not to say I oppose having a plan. Rather, I simply oppose spending additional taxpayer money on the idea. Schools ought to be doing this already. All it takes is for schools to schedule time with police departments to go over some common sense ideas. Do this for one school and it will apply to thousands. Throw money at it, and every school will seek 1000 times more money than they need.
- There is absolutely no need for anyone to have an assault weapon to protect themselves. Nor do citizens need hand grenades, nuclear missiles, or any other such devices. It is beyond idiotic to ascertain assault weapons are constitutionally protected.
- A ban on armor-piercing bullets is of course a no-brainer. There is no legitimate use of armor-piercing bullets for private citizens.
- A ban on magazines with over 10 rounds is also a common-sense proposal. No one can possibly need more than 10 rounds in a clip to defend themselves in public or in their homes.
Cost Effective Analysis
From a cost-effective standpoint, the items that would likely do the most good, at the least cost, were the items that had the least support. Items 7, 8, 9, and 4 would not cost a dime. I solidly support all four.
I support preparing emergency plans (item 6), but that should not cost a dime either. As worded, I have to vote no.
I am fearful that the most supported idea (item 1) will end up costing too much in relation to the benefit. I voted yes, for now, but I need to see details of the plan as well as realistic measures of the cost.
As it stands, I am solidly in favor of 4 things that will not cost a dime. Those 4 items will not trudge on any conceivable rights either. I support an additional item, with reservations.
Once again, if Gallup asked taxpayers if they support increasing taxes to pay for these programs, I bet the answers would be different and the order of priorities would be different.
How Helpful Are Concealed Weapons?
Inquiring minds may be interested in a post by Barry Ritholtz How Helpful Are Concealed Weapons?
Click on the link to see a couple of interesting videos.
Note that Barry took a lot of flak for his post. Read the comments and see for yourself. I side with Barry.
The most sensible comments came from Disinfectant and GreenTom.
Disinfectant says …
It is amazing, but not at all surprising, that so many watch these videos and utterly fail to understand the message. The point is simple and should be uncontroversial – unless you are well trained, defending yourself with a gun in a live scenario is very difficult; your body and mind are not prepared for this. It doesn't matter how often you go to the gun range or how heroic you imagine yourself to be. Going through the motions of protecting yourself, getting the gun out, then firing at the target (and ONLY at the target) does not happen naturally.
To the critics: nowhere does it imply that a gun will never be useful in defense. Obviously, if you are not in the immediate line of fire and can take cover, you will have more time to prepare yourself. But if the shooter is standing right in front of you, your odds are likely much lower than you think. And as far as anecdotal evidence goes, I'm sure 0% of you can actually say that you have been in such a situation and performed as flawlessly as your imagination would have you believe.
GreenTom says …
I'd agree this is kind of staged, but more rigorous studies show the same thing. Study below reports that people carrying weapons are about 5 times more likely to be shot than those who don't carry. It's funny, I predict a lot of negative reactions to this comment, but does anyone really claim that escalating a robbery to a gunfight isn't a risky move?
Investigating the Link Between Gun Possession and Gun Assault
Here is the study cited by GreenTom: Investigating the Link Between Gun Possession and Gun Assault
…Individuals in possession of a gun were 4.46 times more likely to be shot in an assault than those not in possession. Among gun assaults where the victim had at least some chance to resist, this adjusted odds ratio increased to 5.45.
Among a long list of issues facing the American public, guns are third only to gay marriage and abortion in terms of people who report that they are "not willing to listen to the other side." In concert with this cultural rift, scholarly discussion over guns has been similarly contentious.1 Although scholars and the public agree that the roughly 100 000 shootings each year in the United States are a clear threat to health, uncertainty remains as to whether civilians armed with guns are, on average, protecting or endangering themselves from such shootings.
I commend Barry for taking a controversial stand on a controversial topic. Most bloggers stay away from controversial subjects, generally out of fear of offending readership. As my readers know full well, I will not shy away from controversial topics either.
By the way, gun control may not seem like an economic topic but it is. Many of Obama's proposals will require significant expenses to implement down the road (even if hidden initially).
Reflections on Libertarianism
I am certain to be charged by some of violating Libertarian beliefs.
However, libertarianism is not anarchy. Rules exist to protect property. Reasonable legislation will prevent some of these incidents, and no amount of legislation will stop all of them.
Moreover, common sense says that encouraging average citizens or teachers to walk around with assault weapons or concealed guns (the actual remedy proposed by some gun advocates) would cause a lot of needless deaths and property damage as a result would-be John Wayne types trying to be heroes, but accidentally killing innocent bystenders.
Reflections on the Constitution
As passed by Congress, the Second Amendment reads "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
As ratified by the states, the Second Amendment reads "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Notice the dispute over commas. Also note how the concept of a "well regulated militia" is completely dropped by gun advocates.
The Supreme Court did rule the Second Amendment protects an individual's right to possess a firearm, unconnected to service in a militia.
Regardless, the rights to bear arms to protect oneself certainly can and should have limits.
To clarify that its ruling does not invalidate a broad range of existing firearm laws, the majority opinion, written by Justice Antonin Scalia, said:
"Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
One does not need bazookas, hand grenades, missiles, assault weapons, armor-piercing bullets, or 10-clip magazines to defend one's person or one's house. Those items all need to be outlawed.
Gun advocates argue we need to enforce existing laws, while arguing against every law on the books. Meanwhile, state-to-state variations in laws make enforcement a nightmare, at best.
Now Is The Time
Obama says "now is the time". I agree but only where costs are low and benefits high. There are four (perhaps five) items out of nine on the president's agenda that meet that criteria.
My top three ideas are 7, 9, and 8 (pretty much in that order, but possibly 9 ahead of 7 which I will leave to the experts). Unfortunately, Republicans are likely to fight 7 and 9 (if not 7, 8, 9, and 1).
Given the sad state of Congressional compromises, Republicans may even agree to waste taxpayer money on programs simply to appease voters who clearly want something done.
Unfortunately, the end result is highly likely to be a combination of the most money spent for the least benefit.
Mike "Mish" Shedlock
"Wine Country" Economic Conference Hosted By Mish
I am hosting an economic conference in April, in Sonoma, California. Please consider attending.
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Black Cat's Todd Ingermanson opens up about Oakland single speeds, punk bands, and metal bikes.
Black Cat Bicycles in Aptos, California is the frame building operation steered by Todd Ingermanson. Photo by Dain Zafke.
"From the back of the dirt lot at the bottom of Nisene Marks, there is a dirt road that goes southeast, and skirts a pump track. My place is on the corner. The shop is in the garage with a red truck parked in front. The door may or may not be open depending on the wind."
Those are the directions I followed to Todd Ingermanson's shop, the one man operation behind Black Cat Bicycles, a custom frame building operation located right in Aptos, California. Once inside the garage (the door was open so the wind must have been favorable), Ingermanson opened up about why he builds steel bikes, and how he got started down the bespoke road in the first place.
Mtbr: Where did you grow up, how did you get involved in bikes in the first place?
Todd Ingermanson: I grew up in a family where, for instance, my dad would decide to build new kitchen cabinets for the house. Then I graduated into a punk rock scene, where if you wanted t-shirts for your band, you figured out how to print them. Add to that that I cut my cycling teeth riding one speeds in Oakland, and the scene there was so full of frame builders and custom made frames that it really didn't seem like that big of a stretch to make your own. Add to that still, my comfort with an oxy-acetelyne torch from my metal smithing days and a couple friends who were frame builders in past iterations of their lives, and the bug just bit.
Mtbr: What did you like most about building bikes?
Todd Ingermanson: It was really fun to explore bike geometry in almost real time. I was mostly building for myself for a long time, so there was no pressure to perform. It was just, 'I wonder what happens when I change this…' One thing led to another and I got a job as an apprentice of sorts and things just grew slowly.
Ingermanson makes sure that every bike rolling out his door lives up to his extremely high standards. Photo by Dain Zafke.
Mtbr: So why did you start building frames?
Todd Ingermanson: I originally started building bike frames due to my own desire to have a 29er single speed that wasn't made in Taiwan. When I started, 29ers were still very much a novelty, but it seemed like the bigger wheels and one speeds were a good pair. There was a gap between the "budget" brands and the super high end custom route, of which I couldn't afford at professional bike mechanic wages.
Mtbr: What is your guiding principal or philosophy as a frame builder?
Todd Ingermanson: That's a tough one. I'm not sure there really is a guiding light leading the way. Trying to make bikes that don't suck is a good place to start. While things will never be perfect, the bikes I deliver are the best I can do. If I'm not perfectly comfortable pointing out each and every "imperfection" to a customer, the bike doesn't go out. There are no smoke or mirrors, no bait and switch. Being up front and honest is the only way that things don't come back to haunt you. Everybody wants their frame to be "the one" and that takes time, attention, and effort. So far I've been blessed that all my customers appreciate this, and allow this to happen naturally for themselves and for those they're sharing the queue with.
Mtbr: What would cause someone to connect with your frames?
Todd Ingermanson: Well, I try and push myself to try things I've never seen on a bike before. Usually it means building new tools to accomplish the slight variances in what was available previously. Figuring out how to put an arc into a set of s-bend seat or chain stays is fun. There's a lot of head scratching and piles of ruined tubes, but when it all lines up, it's worth it. I figure if I'm challenging myself and doing things I like to see and ride then there will be a certain amount of people that will appreciate it and want something similar from me.
There also seems to be a theme of people liking the paint jobs I do. Often times people let me loose on what I get to paint, which makes things really fun for me and keeps me excited. There are some that like the more subdued monochromatic schemes, and some that like the more bold colors and designs. No matter to me; I like doing it.
Left: Bridgeport is the gold standard as far as Ingermanson is concerned. Right: Ingermanson admits to a lot of head scratching and the creation of piles of ruined tubes.
Mtbr: So who do you see as the Black Cat customer?
Todd Ingermanson: When paying an undue amount of attention to things like who's buying my bikes, it can be really easy to find out who's buying my bikes and start to focus selling bikes to those people. It would be very easy to think 'Well, I make road bikes', or 'I make 'cross bikes,' which limits the people the frame builder would think of as their market. Keeping things flexible has served me well in that there are a bunch of people from all over the world I get to make bikes of all sorts for. By treating each person individually, it keeps things interesting for me as well. All of that said, I've never made a fixie.
Mtbr: What do you say to people who think that show bikes don't truly fit into the handmade cycling community?
Todd Ingermanson: I don't really get down on the trophy bike mentality that some seem to like to moan about. The usable life of a steel road bike frame could be as long or longer than the person riding it. If somebody buys a bike because they've got a bunch of dough and keeping up with the Joneses is their thing, who cares? That bike will be all the more pristine and ready to rip when their grand kid grabs it off the wall and shreds the shit out of it because they didn't know it was supposed to be a status symbol. All the better.
Clean, even, and equal joints are the signatures of a good fillet braze.
Mtbr: What is your favorite type of bike to make?
Todd Ingermanson: They each have their own virtues: a road bike for its no-nonsense-point-a-to-point-b purpose; a 'cross bike for its flexibility to gobble up miles, no matter the terrain; a touring bike for the potential energy of adventure; or a mountain bike for getting totally radical in the woods. Considering I really do enjoy, and use, all the aforementioned, I like building all of them. Whether it's straight stayed road bike with no gimmicks, bells, or whistles, or a one speed mountain bike full of dramatic swoops, there's a challenge of form and function in each.
Mtbr: If you could pick another builder to make you a frame, who would it be and what sort of bike would you want them to build? And of course, why?
Todd Ingermanson: Whew! No slow pitches here! That's a good question. I'll try and do it justice. I think frame builders are about the biggest bike geeks out there. And I think having a bike made for you is almost as much about the relationship you have with your builder as the nuts and bolts of the frame itself.
The bikes made by the people I'm lucky enough to call friends are the ones that stand out for me: A fillet brazed 'cross bike by Rick Hunter for the brilliance of construction alone. A mountain bike by Sean Walling at Soulcraft for the personality that's just gotta be oozing out of the tubes. A fillet brazed mountain one speed by Curtis Inglis at Retrotec, just so I could make him paint darts on every single tube. A road bike by Paul Sadoff at Rock Lobster, because they are the business. If there's no holds barred, anything by Bruce Gordon, Peter Weigle, Ross Schafer Richard Sachs, Brian Bayliss, or Mark Nobilette. If the hands of time could be turned back, Albert Eisentraut and Mario Confente.
A finished Black Cat, this one a 29er single speed, creates a perfect blend of forward thinking and traditional craftsmanship.
Prices for a steel Black Cat start at $2,300, and go up depending on the chosen options, of which there are many. Matching steel forks range from $450-$550, and custom stems are also available for $325. If you're feeling lucky, though, you can always enter Easton's Dream Bike Giveaway contest, which will raffle off one of Ingermanson's steel whips with all proceeds going to a charity of his choice.


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Lawyer: Tunisian suspect in Libya attack freed
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[January 08, 2013]
TUNIS, Tunisia
(AP) -- A man linked by officials to the attack on the U.S. consulate in Benghazi has been conditionally released by a Tunisian judge due to lack of evidence, his lawyer said Tuesday.
The release of Ali Harzi, a 26-year-old Tunisian, appears to represent a blow to the investigation of the Sept. 11 attack on the consulate in Libya that killed the U.S. ambassador and three other Americans. The investigation in Libya itself has been stalled due to the weak power of the central government in the face of the powerful militias, some of whom may have been involved in the attack.
Harzi was one of very few people in custody in relation to the attack. U.S. officials said in December that Egypt had arrested a member of the Islamic Jihad group for possible links, but in general they lamented a lack of cooperation from local governments in their investigation and said most suspects remained free.
Harzi's lawyer, Anwar Oued-Ali, said the presiding judge had "conditionally freed" his client Monday night and he has to remain in the greater Tunis area in case the court needs him. The lawyer described the release as "correcting an irregular situation" because authorities never had real proof.
Harzi was originally detained in Turkey and in October was extradited to Tunisia, where authorities had said he was "strongly suspected" of being involved in the attack. His lawyer said he was officially charged with "membership of a terrorist organization"
-- a charge punishable by six to 12 years in prison.
In December, FBI officials questioned Harzi for three hours in the presence of a Tunisian judge.
[to top of second column]
The FBI has not commented on the results of the questioning, but Harzi's lawyer said they just asked if his client had any information about the attacks on the Benghazi consulate as well as the assault on the U.S. embassy in Tunis three days later.
In a recent TV interview, Harzi's father, Tahar, said his son was just working in Libya in construction supporting his family.
Both Ali and his brother, Brahim, have had brushes with the law before, however. In 2005 the two were sentenced to 30 months in prison for having contact with another brother, Tarek, who fought against coalition forces in Iraq, according to lawyer Oued-Ali.
The father acknowledged that he had encouraged his sons to take up "jihad in the cause of God."
Press; By BOUAZZA BEN BOUAZZA]
Copyright 2013 The Associated
Press. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
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This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter 2007, Page 131. © Copyright 2007 by NASP. All rights reserved. Republished by Butler with permission from NASP.
Florida Governor Jeb Bush initially approved Senate Bill 1286 on May 23, 2003. The initial version of Chapter 558 of the Florida Statutes[1] (hereinafter identified as "the Statutes") set forth the requirements for making a claim for defects related to the construction of homeowner property. The authors of this article published a summary of the law in the Winter 2003-2004 issue of the Subrogator. In 2005, the Statutes were amended by the Florida Legislature to make compliance more practical for both claimants and contractors. The authors published a summary of these changes in the Spring/Summer 2005 issue of the Subrogator.
In the latest amendment, the Legislature expanded the Statutes to include commercial and industrial claims related to improvements to real property. Effective October 1, 2006, the Statutes apply to all claims by a property owner for a construction defect relative to an improvement to real property. While there is still no case law addressing the Statutes, the failure to comply with their requirements prior to filing a lawsuit could possibly bar a claim. Until such a ruling is made, it is recommended that those pursuing subrogation claims comply with the Statutes to the greatest extent possible.
As indicated in the below cited provision explaining the Legislature's intent, the goal is to reduce disputes in the hope that contractors will "step up to the plate" and make repairs to faulty work.
The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners homeowners. An effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant asserts is responsible for the defect, and should provide the contractor, subcontractor, supplier, or design professional with an opportunity to resolve the claim without resort to further legal process.[2]
The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners homeowners. An effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant asserts is responsible for the defect, and should provide the contractor, subcontractor, supplier, or design professional with an opportunity to resolve the claim without resort to further legal process.[2]
It is recommended that the requirements of the Statutes are strictly followed when encountering a potential claim relative to an improvement to real property. Before repairs are made, the Statutes require written notice to the contractors providing them with an opportunity to perform destructive testing of the alleged defect. If this notice is not provided, it is possible that a claim may be barred. It is recommended that all claim adjusters working in Florida be made aware of this change in the law.
1. Florida Statute § 558.001 et seq. (2006)
2. Florida Statute § 558.001 (2006)
Have your personal property or business personal property subrogation damages ever been excluded under a Daubert challenge? They could be if the damages are not sufficiently supported by evidence. If any of the steps are not followed in calculating the actual cash value of the personal property damages, the entire claim may get excluded.
In denying AutoNation's motion and finding that a duty existed, the Court reasoned that AutoNation's status as a General Motors dealer gave it easily accessible and specialized knowledge about the truck recall via the electronic VIN check. The Court explained that the "the decision to impose a legal duty is a multifaceted issue requiring courts to balance a number of factors," including risk and utility.
Strategic thinking in prosecuting or defending product liability actions often mirrors the creativity, gut-check and fortitude to play the winning blackjack hand. As in blackjack, in the litigation game, it is often not how you start but how you finish that decides the winner. Though the cards often favor the house or your adversary, playing your cards to their maximum potential yet recognizing when it is necessary to fold, is vital to smartly beating the odds. Below is a practical checklist of 21 ways to win, bust or fold in your product liability game.
Successful subrogation recoveries generally start with proper documentation and preservation of the relevant evidence. For this reason, every effort should be made to involve a subrogation professional at the earliest possible moment following a loss. However, early involvement is not always plausible. Additionally, at times, the circumstances surrounding the loss simply do not allow for the desired preservation of evidence. When the relevant evidence is not sufficiently documented or preserved, a claim for recovery is likely to be met with a spoliation defense.
From cell phones, to the world wide web, to electronic mail, and beyond, over the past twenty years, we have experienced an unprecedented growth in technology, as well as a growing dependence in our day-to-day lives on these technologies. Accordingly, it is of little surprise parties and mediators alike have implemented the advancements in information technology to the mediation process. Various forms of technology can be utilized to assist parties from the initial stages of selecting a mediator to the actual day of the mediation conference, and all points in between. This article details a number of ways technology advancements have affected the way parties mediate.
The scope of these transferred rights had not been addressed in Florida until the Eleventh Circuit certified the issue to the Florida Supreme Court. In its recent opinion, the Florida Supreme Court clarified that a basic transfer of rights provision, without more, does not give the insurer a right of priority. Under such circumstances, priority of recovery remains dictated by Florida's common law "made whole doctrine."
In Property Subrogation, one of the most difficult damages situationsto deal with is a commercial loss where older equipment is destroyed and that equipment is integral to the operation of a facility. Oftentimes, the business decision is made to replace used equipment (which may not have a fair market value in the marketplace) with new equipment, to minimize the downtime and the associated business income loss. A recent Texas case may give property subrogators some ammunition to contest how those pieces of equipment get valued for recovery purposes.
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.
As subrogation professionals, it is sometimes easy to overly focus on the liability issues in each case, leaving a thorough damages analysis for another day. However, it is a better practice to perform a complete evaluation of the legally recoverable damages early during the subrogation investigation, so that the true value of the claim can be ascertained and relayed to the subrogating insurer. This is especially so in cases where the business interruption portion of the loss is significant, since an error in proper quantification of the recoverable portion of the business interruption loss could dramatically change the overall valuation of a case -- both for settlement and trial purposes.
This article was originally published in the Subrogator, a publication by the National Association of Subrogation Professionals, Winter, 2013. © Copyright 2013 by NASP. All rights reserved. Republished by Butler with permission from NASP.
There comes a time at the end of every case involving retained evidence when the file handler, whether that be the adjuster, lawyer or third party claim handler, receives an evidence disposal form. Many times it is second nature to simply sign these forms and fax or email them back to the party storing the evidence. However, before doing so, thought needs to be given to any party that might have an interest in that evidence before it is disposed of, especially the insured. Otherwise, you may have just traded in a subrogation claim for the defense of a claim based on spoliation of evidence.
In an advantageous decision for the subrogation industry, the Florida Supreme Court recently narrowed the scope of the economic loss rule, and limited the rule's application to only cases involving products liability. Broadly stated, the economic loss rule prohibits a tort action in certain circumstances when the damages incurred are wholly economic, and there is no other property damage or personal injury. Although inexplicably expanded over time, the recent decision curtails the expansive definition and returns Florida's economic loss rule to its historical roots.
The Economic Loss Rule was initially developed in the products liability context....
However, over the years, courts have used the product liability concepts created in the early cases interpreting the Rule to expand the Rule's application to include construction claims, which has created problems in applying the Rule in non-product liability claims. "[T]the troublesome cases discussing the dreaded economic loss rule have usually arisen in the field of construction."
Generally, "to establish a claim for negligence, a plaintiff must show: (1) the defendant had a legal duty to conform to a certain standard of conduct; (2) the defendant breached that duty; and (3) the plaintiff sustained damage that was proximately caused by the defendant's breach.
How many times have you received an expert report without requesting one? It happens more than one would think. Hopefully, you are working with experts who do not prepare reports on their own without your request. If you are working with an expert for the first time, it would be wise to communicate with the expert to ensure that everyone is on the same page when it comes to a written report. After all, once an expert has issued a report, it cannot be re-written.
A question sometimes arises as to whether expert reports are protected under the work product doctrine when experts are retained by claims adjusters, as opposed to attorneys. For instance, when expert reports are issued to adjusters or another subrogation professional, the report can be deemed not protected, because the report is written during the normal course of an adjustment or investigative stage of a claim. On the other hand, when expert reports are directed to an attorney, the expert report usually has a better chance of being protected from subsequent disclosure, per the work product doctrine.
This past legislative session, Alabama passed significant tort reform bills - something that has not been done since 1999. The legislative changes discussed below particularly affect subrogation rights and include changes to the laws affecting admission of expert testimony, product liability claims, and construction defect claims.
The other day when I was asked to write an article about "product safety" I pondered how to best approach this. As we all know, what is or is not a "safe product" is often in the eye of the beholder (or which side of the "v" you are on!). Is any product that fails even once an "unsafe product?" If 1,000,000 items have been manufactured and "only" 73 of them have failed, is that an "unsafe product?" What about 133 of them? If a product fails when it was being used improperly, but it was not a stretch for the manufacturer to have anticipated this "alleged misuse", is that an "unsafe product?" If a product has been tested by agencies and groups with an international reputation for such testing, and the product has passed, can that product be an "unsafe product?"
Insurance policies often include language that allows insurers to recover amounts they have advanced for the insured's benefit. For instance, if the insured's policy has a SIR, the policy may contain a provision similar to the following:
We shall have the right but no obligation, in all cases, to assume charge of the defens and/or settlement of any claim, and, upon our written request, you shall tender such portion of the SIR as we may deem necessary to complete the settlement of such claim.
The "Anti-Subrogation Rule" dictates that an insurer is generally precluded from seeking recovery against its own insured. While this premise on its face seems simple, a speCIal circumstance arises in the context of damage to leased property caused by a tenant's negligence, Where "the obvious intent of the parties [to a lease] was to shift the risk of daruages ... to an Insurer ... [the lessee] qualifies as an intended beneficiary under the Insurance policy;" and therefore, the insurer is prohiblted from subrogating against the lessee.1 However, the lease provisions are commonly unclear, if not contradlctory, as to which party-landlord or tenant-is to bear the risk of a loss to the leased premises, or whether the tenant is considered a "co-insured" under the landlord's property insurance policy. Most jurisdictions have been presented with these types of cases, and courts have implemented one of three recognized "analytic approaches," Recently, the Fifth District Court of Appeal of Florida addressed this very issue in Underwriters of Lloyds of London v. Cape Publications, Inc., 2011 WL 2415845 (Fla. 5th DCA 2011).
A great subrogation recovery can be defined as one that recovers the largest amount of money in the shortest period of time with the least amount of cost. Disputes between commercial entities are resolved daily, and not all of them require litigation. There are many ways to resolve a claim. Some claims are resolved through informal conversations between two adjusters. Other times, litigation and trial can be both necessary and unavoidable. However, in these economic times, most companies want to effectuate recoveries and close files as quickly as possible.
Under Florida's Workers' Compensation Statute, when an employee is injured in his/her Course and Scope of employment due to the negligence of a third party, the injured worker is able to pursue recovery for his/her injuries from the negligent third party; and the workers' compensation carrier is entitled to assert a lien in the amount of the benefits provided against any settlement or judgment obtained by the injured worker.
NASP's 12th Annual Conference, being held November 7-10 at the Gaylord Resort in Grapevine, Texas IS RIGHT AROUND THE CORNER. Can you believe it is less than two months away?!?! The Grapevine is a world-class facility located just outside Dallas. Just like in years past, this year's Conference will be a topnotch showcase for some of the best educational presentations the industry has to offer, no matter what the forum. There is no greater array of educational programs than the NASP Annual Conference. The entire program for the conference has been selected, and we have tried to limit the number of presentations slightly from year's past so that every attendee has a better chance of attending all of the programs they want, and not having too many "conflicting" presentations to decide upon.
Arbitration Forums, Inc. and Construction Defects Claim Managers Associations (CDCMA) have begun a new joint project to develop a special arbitration forum related to certain construction defect claims. This joint project is intended to develop awareness that certain types of construction defect claims can be arbitrated through arbitration forums
In Florida, like nearly all jurisdictions, an insurer may not pursue subrogation against its own insured. But when a tenant causes damage to its landlord's property, is the tenant treated as a presumptive "co-insured" under the landlord's property insurance policy? The answer, at least in Florida, is "it depends."
In Hartford Underwriters Insurance Company v. Phoebus, a Maryland appellate court ruled that an insurance company's subrogation claim could proceed against a general contractor and subcontractor, despite subrogation waivers in the AlA form construction contract governing the contractors' work. In Phoebus, the plaintiff-insurer issued a property insurance policy to a restaurant's owner subsequent to the restaurant's construction. When a fire damaged the restaurant and it was determined that defective electrical wiring and components caused the fire, the insurer sought recovery from the contractors who performed electrical work during the restaurant's construction.
Historically, in Florida, tort claims against the state and its state agencies have been limited to $100,000 per claim or $200,000 per occurrence. On April 27, 2010, the Florida Governor approved an amendment to Florida Statute §768.28(5) thereby increasing the limit of tort liability for claims against the state and its state agencies. While the act does not take effect until October 1, 2011, claims arising after that date will now be subject to increased limits of $200,000 per claim or $300,000 per occurrence.
This article was originally published in NASP's Subrogator publication, Winter 2010. © 2010. Reprinted by permission.
Contact the authors for the full version of the article.
Contact the authors for a full version of the article.
In 1923, the Court of Appeals for the District of Columbia, affirming the exclusion of an expert witness at trial, stated:
Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.
Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.
In Killings v. Enterprise Leasing Company, Inc.,1 the Alabama Supreme Court recently held that a Plaintiff may proceed with a claim of spoliation against a third party responsible for negligently discarding necessary evidence in an underlying case.
Winning litigation requires that you and your counsel land the devastating uppercuts at the key moments in the fight. Big opportunities for critical testimony and evidence exist by pursuing permissible ex parte contacts with another party's current and former employees. The ethical ropes and practical tips for effectively contacting and interviewing such witnesses are discussed below.
Entry of errant water into a building or other structure can lead to serious mold problems, physical damages and substantial property and business interruption losses. This article provides a roadmap on developing viable recovery claims against restorative drying contractors who were involved in improper and careless restoration and remediation of water damaged property. As in any garden-variety tort claim, it is imperative that your counsel appreciate the critical importance of identifying the target contractor's vulnerable liability exposures.
The Supreme Court of Alabama recently limited the rights of a workers' compensation insurer seeking to recover medical expenses paid on behalf of a worker who later died as a result of his injuries. Alabama's unique wrongful death statute, which allows for the recovery of punitive damages only, precludes an insurer from recovering medical expenses incurred prior to the worker's death.
Effective April 26, 2006, the Florida Legislature eliminated the last vestige of joint and several liability. Florida has now joined the minority of jurisdictions that have completely abolished joint and several liability. Although this move has brought dramatic change and controversy, it was no surprise. The attempt at abolition actually began nearly twenty years ago and has been heavily lobbied by Florida's "Big Businesses." This article will address the impact of the elimination of joint and several liability, and the effect this change in the law will have on subrogation in Florida.
Underwriters Laboratories Inc. ("UL") is a nonprofit organization conducting product safety evaluations. UL Marks are on 19 billion products ( www.ul.com ). As of 2005, there are more than 71,000 manufacturers producing UL-certified products and 97 countries where UL customers are located. UL publishes hundreds of safety standards and disseminates safety information globally.
The word "hurricane" originates from the Spanish word, "Huracán," for the ancient Mayan "storm god." No doubt the Mayans suffered frequently from Huracán's wrath. But unlike the Mayans, recent storms have led insurers to vigorously pursue subrogated hurricane claims. This article will explore issues associated with the successful pursuit of subrogation claims arising from hurricanes.[1]
"My grandfather's law diploma means the world to me. It was framed and given to me after his death by my family, as I was the only child to become an attorney as well." These self professed statements of value are heard over and over by subrogation attorneys throughout the United States during painstaking conferences with the insured to determine the value of his or her uninsured losses after a catastrophic loss. Quite simply, attorneys often attempt to assess the "value" of a certain personal items of the insured, when actually, no realistic fair market value exists. Such items are considered "irreplaceable" by the insured, and consist of photographs, family heirlooms, wedding memorabilia, and family documents such as marriage licences.
Over a decade has passed since the U.S. Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579 (1993), and it is time to evaluate where we've been, where we are, and where we are headed on the admissibility of expert opinion testimony in fire and explosion cases.
High-level executives are frequently sought to be deposed because of their unique corporate roles for, inter alia, policy making, corporate governance and implementing policy compliance and corrective actions. On a tactical basis, the executive deposition is pursued so that your adversary's "figurehead" directly feels the "hot buttons" of your case, real-time, without layers of filtering and spin. "Top-dog" depositions, commonly called "apex depositions," cover a wide range of executives, including CEOs, presidents and other senior management positions.
In developing your case, as plaintiff or defendant, it is important to appreciate the various alternative ways for opening the door to "other conduct" evidence to prove relevant facts at issue. Below is a synopsis of strategic methods and insights for proffering evidence of character for a non-propensity purpose, habit, subsequent remedial measures and prior occurrences/failures.
Until 2003, Florida courts recognized an independent tort of spoliation for both first and third party claims. However, that all began to change with the Fourth District Court of Appeal's decision in Martino v. Wal-Mart Stores, Inc., 835 So. 2d 1251 (Fla. 4th DCA 2003). In Martino, the plaintiffs filed a premises liability action against Wal-Mart, alleging that Mrs. Martino was injured while shopping at a Wal-Mart store when her shopping cart collapsed. Later, when Wal-Mart could not produce the shopping cart nor the security video that may have recorded the incident, the plaintiffs added a claim against Wal-Mart for spoliation of evidence. Wal-Mart filed a motion to dismiss the plaintiff's spoliation claim, which the trial court granted.
This case involves a subrogation action following payments made by a commercial property carrier to its insured as a result of a fire that occurred at an insured apartment complex located in Franklin County, Ohio. The fire occurred on January 28, 2003, after one of the tenants in the apartment complex placed hot ashes from his fireplace into a cardboard box, and then left the box unattended inside of his unit. Approximately 30 minutes later, a fire ignited. The tenant quickly called the fire department, who responded and extinguished the fire. The fire damage was confined to the tenant's unit which suffered approximately $10,000 worth of damage.
As in baseball, whether being the batter, pitcher, or outfielder, successful litigation requires a strong belief and conviction that one has the power to shape reality. Certainly, without the batter's confidence that he or she will hit the ball, irrespective of its speed, twists or turns, few home runs would be made, let alone "singles or doubles"
Florida's Construction Defect Statute, F.S. § 558.001 et seq. ("Construction Defect Statute"), first became effective on May 27, 2003. This law drastically changed how claims for construction defects are to be made by homeowners against contractors in Florida.
Per Florida's Made Whole Doctrine, insurers need only reimburse their insureds to the extent of their insured's legally recoverable loss. In the recent case of Monte De Oca v. State Farm Fire & Casualty Co., ---So.2d---, 2004 WL 2955008 (Fla. 3d DCA 2004), the Third District Court of Appeal supported the partial return of a deductible to an insured based on the insured's comparative negligence. This case is significant because it clarifies that an insurer, in Florida, does not violate the Made Whole Doctrine when the insurer returns only a prorated portion of the deductible to the insured due to the insured's comparative negligence.
After years of confusing and contradictory rulings, Florida's Supreme Court finally reigned in the scope of the Economic Loss Rule. In Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the Florida Supreme Court cogently limited the Economic Loss Rule. It held that the Economic Loss Rule does not bar a negligence action to recover solely economic damages where the defendant is not a product manufacturer or distributor. The Court also held that the Economic Loss Rule simply does not apply to any situation where there is no privity between the litigants.
The Hilton Hotel in Austin, Texas will truly be "The House of Subrogation" from November 13 through 16, when over 1,200 subrogation professionals from around the globe assemble for the NASP Annual Conference. And this year's conference is expected to be even bigger, better and more alive than ever before!
A summary of Killings v. Enterprise Leasing Company, Inc., 2008 WL 4967412 (Ala. 2008). A recent case from the Supreme Court of Alabama. In Killings v. Enterprise Leasing Company, Inc.,1 the Alabama Supreme Court recently held that a Plaintiff may proceed with a claim of spoliation against a third party responsible for negligently discarding necessary evidence in an underlying case.
Florida Governor Jeb Bush approved Senate Bill No. 1286 ("Bill 1286"), which drastically changes the method for presenting a claim for construction defects. Effective May 27, 2003, Florida homeowners and their subrogees cannot file a construction defect lawsuit without fully complying with new pre-suit requirements.
In Section 1 of Bill 1286, the Florida Legislature states the intent of the new law.
Experts oftentimes make or break cases. As knowledge and science have grown, so has the range of experts that parties call upon to advocate their cause. Not only must a party always look to bolster one's own expert case, a party must simultaneously be mindful of the need to undercut your adversary's expert. As the client, you want to ensure that your assigned counsel appreciates the following practical ways for tackling the opposing expert during the discovery process
As the U.S. economy steams forward, urban renewal and construction are at the forefront of that recovery. Unfortunately, when old and dormant areas of cities and suburbs are demolished and cleared to make way for new projects, they often spread toxic contaminants contained within those old structures and existing soil. Chief among those hazards is lead. Thus, the noble objective of replacing blighted structures or fallow fields with new buildings can instead result in exposing surrounding neighborhoods to lead dust. Contractors should be aware of the growing threat and ways to minimize the liability exposure to construction companies and others.
This is one of a series of articles under "Property Insurance Law Committee" originally published in ABA Committee News, Winter 2010.


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Malisa Villas are located in Kata Beach on the southwest coast of Phuket Island. The collection of 41 private pool villas is designed for couples and friends to enjoy a relaxing beach escape on Thailand's best-loved holiday island.
Malisa Villas offer a stylish cocoon for guests to unwind and enjoy their Thai experience to the full. Coupled with warm and attentive Thai hospitality and accents of Thai architecture, Malisa Villas is the perfect base for guests to retreat to after a day of sight seeing or beach action in Phuket.
Inspired by five different Thai styles of home, the design of the pool villas are arranged to not only immerse you into a state of relaxation but also to allow you to experience the beauty of our Kingdom through our architecture, landscaping, service standard, cuisine and rejuvenating spa.
Our name is inspired by the jasmine flower, otherwise known as 'Mali' that is commonly used in pretty and fragrant garlands offered to Buddhist monks. We believe that our villas offer experiences that reflect the heavenly and elegant nature of the flower to our guests.
We look forward to welcoming you to our resort very soon.


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The world has changed in many ways in the past 50 years. Global population has doubled, and well over half of the people alive in the world today were born after the United Nations requested, in 1965, that Spain de-colonise the territory of Western Sahara, which it had occupied since the late 19th century. But Spain would not relinquish the last colonial country in Africa so readily, and for the next 7 years the request for Spain to organise a referendum to establish the will of the people with regard to the future of Western Sahara was an annual fixture on the UN agenda.
To break out of this state of political limbo required more than a yearly repetition of the referendum request. The POLISARIO (Frente Para la Liberación de Saguia Al Hamra y Rio de Oro) was established in 1973 to force a change in tempo, by voicing the demands of the Saharawi and confronting the Spanish military. The initial impact seemed promising: the following year the first census was conducted and hopes began to rise that a lasting solution for independence was at hand. Those hopes evaporated as neighbouring Mauritania and Morocco replaced Spain as occupiers in 1976, and began a military pincer movement against the Saharwi. Increasingly, local inhabitants were driven into desert regions or to Algeria as refugees, victims of ambitious geopolitical competition between Morocco, which continues to uphold its territorial claims, and Mauritania, which eventually relinquished and withdrew.
And that is where we find the Saharwi today. Trapped in the sand behind a gigantic berm 2,700 kilometers long, laced with unknown thousands of landmines, heavily guarded by an estimated 100,000 Moroccan troops, with UN peacekeeping force MINURSO deployed to ensure the 1991 ceasefire agreement is upheld. Despite voting in favour of it, the Kingdom of Morocco has still not acceded to the Mine Ban Treaty and, while both sides have agreed to cooperate with MINURSO to identify and remove mines and other unexploded ordnance, the berm is not included in the agreement. All major settlements, including the capital, are on the side occupied by Morocco, which encourages settlers and enters into trading agreements for Western Saharan resources such as phosphates, oil, fisheries, and even the sand. Goods produced in the occupied territory are regularly discovered being mislabelled "Made in Morocco". All of these infractions are vigorously denounced by activists, with some notable successes in recent years.
On the other side of this monstrous wall the Saharwi wait to reclaim their rights, while their resources are plundered. They live on the goodwill of others, humanitarian assistance and charitable donations, while the wealth of their land lines the coffers of Morocco. It is estimated that between 90,000 and 165,000 people are living in the 5 camps they created over thirty years ago, when they fled the fighting. A reliable population census would facilitate the referendum these people were promised, which explains the wide gap between the lower estimate from Morocco and the upper estimate from the Saharwi. They didn't expect to be living in these camps for so many years, decades even. Some of them have family on the other side of the barrier they have not seen for 30 years. MINURSO tries to arrange reunions, but the list is long and only a few people at a time can be granted this brief respite.
The record of human rights abuse against the Saharwi is appalling, including aerial bombardment, the use of white phosphorous, arbitrary detention, torture, persecution, and rape. Although this situation has existed for many years, the UN envoy requested an extension of MINURSO's mandate after the brutal repression of a mass demonstration and sit-in at Laayoune on 10 November 2010. Some keen-eyed observers have labeled this event as the true beginning of the uprisings that have engulfed the region since then, the so-called "Arab Spring". After a two-year delay, Saharwi activists were given sentences ranging between 20 years and life in a military trial, condemned by Amnesty International as "flawed from the outset." The protests, and the military repression against them, continue. The UN mission is not documenting human rights abuses in Western Sahara, so activists have created their own crowdsource space to gather reports and evidence.
Most fascinating, that in this desert wilderness against a backdrop of despair, democracy has bloomed. The POLISARIO has a functioning government supported by local committees, and a refreshingly progressive attitude towards equality and discrimination on gender, education, disability, and religion. Communities had no choice but to adapt to develop, improving in stages with each successive generation of these fiercely independent and strong-willed people. As often happens under extreme hardship and oppression, creative pursuits, especially music and community events, play a very important role in Saharwi culture. One of the best-known musical artists, Mariem Hassan, is welcomed around the world. This October, a repeat of the hugely successful FiSahara Film Festival is planned. The project is run by the Spanish Network of Organizations in Solidarity with the Western Sahara (CEAS), a non-profit NGO based in Spain with humanitarian projects in the Saharwi refugee camps. Organisers are currently processing registrations, and making arrangements to house visitors with refugee families from 8 to 13 October in the Tindouf camp. They are looking for volunteers to help with everything from maintaining the website to promoting the event.
How much longer can this situation endure? With the increasing availability of the internet facilitating information sharing, and the development of online social and support networks, the story of the Saharwi is beginning to spread despite these long years of ignorance, and Morocco's determination to suppress information. Those monitoring the situation in Mali also have a wary eye on Western Sahara, and some analysts probe the possible dynamics of relationships between the POLISARIO rebels, the MNLA, and sundry Islamist groups currently occupying large areas of northern Mali, especially as the 3 aid workers kidnapped from the Tindouf camp in October 2011 were in the hands of such groups. As Saharwi youth become increasingly frustrated with the status quo, some feel the time is right for a change, even breaking the truce, if the UN can't get its act together and force a referendum in the very near future. This makes them a choice target for recruitment by the rebel gangs who support their antics by trafficking people, drugs, contraband, and weapons across the Sahel region.
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- Finding Permanent Solution To Western Sahara conflict – UN (spyghana.com)
- Western Sahara: Human rights in the occupied Western Sahara (ionglobaltrends.com)
- Behind the protests in Western Sahara (dailystar.com.lb)
- Roundtable Introduction: Beyond Dominant Narratives on the Western Sahara (jadaliyya.com)
- The Last Colony: Photo Essay on Western Sahara (jadaliyya.com)
- Gallery by photojournalist Paulo Nunes dos Santos "Sahrawi: Maghreb's forgotten refugees"


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Sindhi Kadhi is a dish that is fully rounded and has so many levels of flavor. The hints of sweet and tangy combined with the spiciness and the beautifully colored vegetables is a feast to the eyes and to the hungry stomach. Change out the vegetables, eliminate some you don't like or add on the ones you love – it's a very forgiving dish. Enjoy this Sindhi Kadhi with some plain white Basmati Rice and you'll need little else to satisfy the soul.
Prep Time: 15 min
Cook Time: 30 min
Serves: 4 – 6
Water – 5.5 Cups + .5 Cups
Besan/Chick Pea Flour – 1/3 Cup
Drumsticks – 1 Cup, cut to 1″ length
Carrots – 2 med. peeled, washed and cut
Cauliflower – 2 big florets, cut to bite-size
Green Beans – 10, cut to 1/2″ pieces
Potato – 1 medium, cubed
Green Chillies – 4 or to taste, slit
Small Eggplants – 3, cubed
Oil – 1 tbsp
Methi / Fenugreek Seeds – 1/4 tsp
Turmeric Powder – 1/4 tsp
Red Chili Powder – 1/2 tsp or to taste
Salt – to taste
Jaggery – 2 tbsp or to taste
Tamarind – 2 tbsp or to taste
Cilantro – for garnish
1. In pressure cooker, combine the Chickpea Flour and the 5.5 cups of Water and remove all lumps.
2. Pressure cook for 1 whistle and allow the pressure to release by itself.
3. In a small saucepan, combine the 1/2 cup Water and the Drumsticks and allow them to come to a boil.
4. Once the Water and the Drumsticks have come to a boil, low heat to a simmer and cook till ready to use.
5. In a big open pan, heat Oil on medium heat and add in the Fenugreek Seeds and allow them to sizzle.
6. Add in Turmeric and Red Chilli Powder and immediately after that all the Vegetables (Potatoes, Green Chilies, Carrots, Cauliflower, Beans & Eggplant)
7. Turn the flame up to a high, mix and coat all the Vegetable with the Oil.
8. Cook for about 3 minutes or till the Vegetables get a slight golden brown and lower the heat to a medium.
9. Add in the Chickpea Flour and Water, add the Drumsticks and the water, cover and cook for 15 minutes.
10. Add in the Salt, Jaggery and Tamarind Paste and mix.
11. Increase heat and allow the Kadhi to reduce and thicken up to a thin custard consistency.
12. Garnish with Cilantro and serve with Rice.
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Stew Smith, CSCS
Prior to basic, boot camp or police academy, personnel line up to take their physical fitness tests (PFT). Though each service and agency differs in testing exercises and measuring criteria, most personnel labor over this event for several weeks prior. But for those who properly prepare themselves, the PFT can be just another workout.
Here are the exercises of all the service's PFTs and helpful tips to increase your overall score on test day:
Test yourself – The anxiety felt by most service members is largely due to performing within a time limit. The more your workouts are timed the better you are at "pacing" yourself, thus eliminating most anxiety.
Pullups – During the pullup and pushup test, you want to perform these as fast as possible while adhering to the proper form and technique. Also, look straight up at the sky in order to use your back muscles more for pullups. Recommended workout – pyramid workout. Start off with just one pullup for the first set, two pullups for the second set and continue up the pyramid by adding one pullupfor every set possible. When you can no longer continue, repeat in reverse order until you are back to just one pullup. (ex. 1,2,3,4,5,6,5,4,3,2,1)
Pushups – Placing your hands in the wrong position can seriously effect your maximum score. A perfect location for your hands is just outside shoulder width. This position enables the chest, shoulders and triceps to be equally taxed. Keep hands at shoulder height when in the up position. Your pushups will be weakened if your hands are too low, wide, close or high..
Recommended workout – Try 5 sets of maximum pushups in five 1:00 periods.
Curl-ups (situps) – This is an exercise you need to pace. Most people burn out in the first 30 seconds with 30 curl-ups accomplished, only able to perform another 20 or so curlups within the next 1:30. By setting a pace at, for instance, 20 situps every 30 seconds, you can turn your score of 50-60 to 80 with very little effort.
Recommended workout – Try timing yourself with 5 sets of 30 seconds, setting your pace to your goal. A good pace is 20 situps in 30 seconds – totaling 80 in two minutes.
For most people the most challenging event of any PFT is by far the run. I receive many requests everyday from military members who are seeking workouts for their 1.5 mile, two or three mile PFT runs (Navy/ Army / Marine Corps respectively). Since all these distances use relatively the same training philosophy – short distance, faster pace – here are a few options to help all Armed Forces members, regardless of service, get a little faster on their runs.
Timed run – PACE – The most important thing is to not start off too fast. Learn your pace and set your goal by pacing yourself to the finish. For instance, if your goal is to run the 2 mile run in 14:00, you must run a 7:00 mile or a 1:45 – 1/4 mile..
Recommended workout and techniques – The Four Mile Track Workout has worked for many military and short distance runners for years. This workout is basically interval training. Interval training means you run at a certain pace for a particular distance then increase the pace for the same distance. The Four Mile Track Workout is broken into 1/4 mile sprints and jogs and 1/8 mile sprints and jogs for a total of four miles. The workout goes as follows:
4 Mile Track Work Jog – 1 mile in 7:00 – 8:00 Three sets of: Sprint-1/4 mile in Jog – 1/4 mile in 1:45 Six sets of: Sprint-1/8 mile Jog – 1/8 mile 1:00
Do this workout without walking to rest. The only rest you will receive is during your slower jogging pace. Try to catch your breath while you jog. Have fun with this one it is tough.
Another good speed workout is called REPEATS. Simply run a certain distance as fast as you can a specified number of times. This time you get to walk to recover and catch your breath before the next sprint. You can try one of the following distances for a challenging workout:
MILE REPEATS – 1 mile x 3-4 (walk 1/4 mile in between) = 3-4 miles 1/2 MILE REPEATS – 1/2 mile x 6 (walk 1/4 mile in between) = 3 miles 1/4 MILE REPEATS – 1/4 mile repeats x 12 (walk 1/8 mile in between) = 3 miles 1/8 MILE REPEATS – 1/8 mile repeat x 16 (walk 100 yds in between) = 2 miles
Finally, if you have not had enough, you can try mixing shorter jogs and sprints together for a longer period of time. This type of training is great for building the speed and endurance needed for any of the PFTs or 5 or 10K races. I call them SPRINT / JOGS. Simply run about 50 yards as fast as you can then jog 50 yards fairly slow in order to catch your breath. I like doing this one where telephone poles line the road so I can just sprint form one telephone pole then jog to the next.
Sprint / Jogs 100 yd sprint / 100 yd jog for 10, 20 , 30 minutes
All of these workouts are fantastic ways to get faster but build the needed endurance which most sprinters lack. Remember to take big deep breaths, relax your upperbody and slightly bend your arms. Do not run flat footed. These workouts are just a few of over hundred different workouts featured the DOWNLOADABLE eBooks for sale at PoliceLink Fitness Bookstore.
Stew Smith, former Navy SEAL and fitness writer is certified by the National Strength and Conditioning Association as a Certified Strength and Conditioning Specialist (CSCS). Email him personally at email@example.com .
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