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Beginners Guide to Debt Collection Lawsuits by Portfolio Recovery Associates
Bill on Bankruptcy: US Airways Need a Merger More than AMR
Polsinelli Podcast - Avoiding Professional Liability
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Legal Fallout of an Armstrong Confession
Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court's conservative wing for 30 years, passed away. Justice Scalia's...more
The Equal Employment Opportunity Commission (EEOC) issued final regulations describing how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness...more
The Employee Retirement Income Security Act of 1974 (ERISA) does not contain a statute of limitations provision, and courts generally apply the most analogous state law statutory limitation. However, some plans fill the void...more
Do you have a top-hat plan? That's a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees...more
We are pleased to present Inside the Courts (Volume 8, Issue 1), Skadden's securities litigation newsletter. This quarter's issue includes summaries and associated court opinions of selected cases principally decided between...more
In Mirza v. Insurance Administrator of America, 800 F.3d 129 (3rd Cir. 2015), the court held that adverse benefit determination letters must include any plan-imposed time limits for seeking judicial review to be enforceable....more
We are pleased to present Inside the Courts (Volume 7, Issue 4), Skadden's securities litigation newsletter. This quarter's issue includes summaries and associated court opinions of selected cases principally decided between...more
An employer has fiduciary duties with respect to the 401(k) plan it provides its employees. Those duties include the obligation to choose prudent investment options and to consider the fees associated with service providers...more
I recently blogged about a case in which a plan had established a shorter period of time (one year deadline) for filing a lawsuit, rather than relying on the state statute of limitation (six years) which would otherwise have...more
Plan administrators, investment committees and any other plan fiduciary responsible for selectingthe investment options of an employee benefit plan subject to ERISA should take note of the recent U.S. Supreme Court ruling in...more
ERISA does not have a statute of limitations for lawsuits brought by participants to check claim benefits under the plan. Instead, courts borrow from similar state statutes of limitations. In a decision two years ago, the US...more
Retirement Plans -
IRS Issues Guidance on Benefit Suspension Voting under MPRA -
As we have written in prior alerts, the Multiemployer Pension Reform Act of 2014 (MPRA) permits trustees of financially troubled...more
In 2013, the Supreme Court reaffirmed that ERISA plans can impose shorter limitations periods than would otherwise be the case if the plan was silent. Nevertheless, the United States Court of Appeals for the Third Circuit...more
Last November, we reported that the Supreme Court had granted certiorari in Tibble v. Edison International, a Ninth Circuit decision holding that a claim that a plan fiduciary breached its duty of prudence in selecting plan...more
The availability of annuity options under defined contribution plans has increased in recent years due to the shift from defined benefit to defined contribution plans. Fiduciaries, however, are often concerned with potential...more
The Third Circuit ruled on August 26, 2015, that if a claim administrator fails to disclose in its final denial letter any plan-imposed deadline to challenge the denial in court, then that deadline will be set aside in favor...more
In Mirza v. Insurance Administrator of America, Inc., No. 13-3535 (3d Cir. August 26, 2015), the Third Circuit became the latest Court to require benefit denial letters to include a notification of the plan's limitations...more
The 3rd Circuit Court of Appeals just ruled that an ERISA plan can't shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan's altered...more
Second Circuit Holds That Posthumous QDROs Are Valid. Yale-New Haven Hospital brought an action in federal court to resolve competing claims by a former spouse of a deceased participant and the deceased participant's...more
In Fulghum v. Embarq. Corp., 785 F.3d 395 (10th Cir. 2015), the Tenth Circuit Court of Appeals considered the claims of a class of telephone company retirees whose life and health insurance benefits were reduced or eliminated...more
In its Tibble v. Edison International decision the United State Supreme Court confirmed that the scope of an ERISA fiduciary's duty of prudence continues after initial investments are made and imposes an ongoing duty to...more
As all ERISA practitioners are now well aware, in Heimeshoff v. Hartford Life & Accident Ins Co., 134 S.Ct. 604 (2013), the United States Supreme Court provided that contractual time limitations provisions are enforceable in...more
Regulatory Developments -
FINRA Proposes Rule to Require Member Websites to Link to BrokerCheck:
FINRA has proposed an amendment to FINRA Rule 2210 to require each of a member's websites to include a readily...more
ERISA plan fiduciaries charged with responsibility for selecting, monitoring or removing plan investment options should pay close attention to the U.S. Supreme Court's recent ruling in Tibble v. Edison Intl., 135 S. Ct. 1823...more
Editor's Overview -
In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more
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Blog calendar: March 31 | March 18 | March 17 | March 10 | March 8 | March 5 | March 3
It's toad-killing time Down Under
"Toad Day Out" sounds like a children's book.
One might imagine a bowtie-clad amphibian with round glasses bicycling his way through a trying day and ending up learning an important life lesson.
Hardly. In reality, Toad Day Out means something quite a bit more nefarious: It's toad-killing time in Australia.
The first year of what organizers hope to be an annual nationwide festival was designed to help eradicate the infamous cane toad.
On Sunday, thousands of the poisonous cane toads Down Under were put down under. Introduced from South America in the 1930s to eat bugs they never could reach on sugarcane plantations, the toads have long been a nuisance in northern Queensland.
Organizers put together a night to collect the critters that can grow to 8 inches and weigh a pound, and daytime activities including counting, weighing and euthanizing the hated amphibians. The toads spread disease, eat almost anything in sight and produce a toxin that kills would-be predators. A quite nasty invasive species that numbers in the millions.
Politician Shane Knuth came up with the idea to organize the event. He's even rallying to put a price on their heads 28 cents each and create a nationwide hunt. As an adult female can lay 20,000 eggs, killing just thousands would mean several million wiped out.
What about the greenies? Australia's Royal Society for the Prevention of Cruelty to Animals is on board as long as the toads are killed humanely.
Can do, mate. The toads have to be brought in alive and then are frozen or killed in bags with carbon dioxide. The remains to be made into fertilizer for the farmers they've plagued for years.
"This is an example of how the war against cane toads can be won," Knuth said for this story from >The Associated Press.
St. Bernard does breed injustice by requiring human saviors
Barry, perhaps the most famous St. Bernard, was said to have saved 40 to 100 humans who befell trouble near the Swiss Alps pass from which the breed was named.
The huge dogs were depicted in movies and cartoons with a cask of liquor around their necks, supposedly to warm avalanche victims they were so adept at finding.
A vivid childhood memory was a cartoon where one finds a human stuck in snow, opens his casket, pours a drink, downs it and runs away barking.
Duke might be more like that one than Barry. Duke is a St. Bernard owned by Gene Larson of Billings, Mont. pop. 101,876 sal-ute!
The 16-month-old pooch needed some rescuing himself after busting out of his yard one evening this month. At some point, he fell through ice on a golf course pond but somehow managed to crawl out. Most likely exhausted, he sat down and promptly froze to the ice. Instant dogsicle, at least his tail.
That's how a maintenance worker found the shivering 118-pounder in the morning. A rescue ensued, complete with firefighters in dry suits and a sledge hammer to break the dog's tail free from the ice.
Duke was treated, and apparently coifed warmed with a hair dryer before Larson picked up his "big buddy," who was none the worse for wear. Read the complete report in the Detroit Free Press online editions.
The St. Bernards of Barry's day, 1800-1814, were different than most found today. They had shorter coats, but when many died during a spell of horrible avalanches, lowland breeds were mixed.
The experiment didn't work as the resulting longer fur didn't fare well in icy conditions, kinda like Duke. The history of St. Bernards is much more noble than Duke's story.
Romans crossing the alps into Switzerland around the second century were thought to have brought in Mastiff-type dogs, their ancestors becoming an assortment of Swiss working breeds. By 1,000 A.D., these large herders, drafters and rescue dogs were well-known as "Farm Dogs."
A traveler's hospice was founded by Bernard of Menthon around 1050 A.D. At an altitude of 8,000 feet, the cut that became known as the Great Saint Bernard Pass was treacherous territory; People slipping and sliding and getting whomped by avalanches.
Monks there are thought to have discovered these dogs' great capacity for rescuing travelers, and bred them for the best of those characteristics, like being able to smell humans under snow. They are even said to anticipate avalanches.
By the 1700s, monks' writings show the breed was well-established there. Records before that were lost in a fire.
With huge bodies and a thick, ice-proof coat and well-padded paws to withstand snow, the St. Bernards of St. Bernard are reported to have saved more than 2,000 people in the past three centuries alone.
The dogs would lick the stranded traveler's face to keep them conscious and lay on them to keep them warm. This also came in handy for the monks during their long lonely winters. Hey, watch it.
Of note is that the largest and heaviest dog to ever live was a St. Bernard. At 357 pounds, Benedictine surpassed an English mastiff named Zorba, which at 8 feet, 3 inches long weighed 343 pounds. Most St. Bernards weigh between 120 and 240 pounds.
Their size and history have made them legends, but monks deny the barrel of brandy lore despite perpetuating it by keeping some around for tourist photo ops.
Some depictions of St. Bernards include: Stan Laurel tricking one out of its barrel in the movie "Swiss Miss"; Donald Duck's dog Bolivar; Nanna from "Peter Pan"; "Beethoven" from the movie and sequels; and yes, Stephen King's "Cujo" was a St. Bernard.
Among his rescues, the famous Barry, sometimes spelled Berry, was said to have found a boy on a ledge inaccessible to humans and coaxed him onto his back and to safety. There is monument to the hound in the Cimetiere des Chiens, or Cemetery of Dogs, outside Paris. At the Natural History Museum in Berne, you can find his preserved body today.
The tables turned, or Duke might have found himself in a similar condition, but not on purpose.
It's a sham that St. Paddy drove real snakes out of Ireland
Everybody's Irish today.
Many around the world will wear the green, speak in a brogue and get plastered. Maybe reverse the order of the last two.
It's all in honor of St. Patrick, the guy known for driving the snakes out of Ireland. The country's patron saint, however, remains connected to some misconceptions, the greatest of which might be the snake-driving.
Legend has it that St. Patrick, snakeskin drum in hand, beat it as he traveled through the villages and hills and charmed the snakes out to sea.
Sure, there are no snakes on the Emerald Isle, and probably never were ... for very long.
The cold-blooded reptiles couldn't possibly have survived there, wrote Dr. George Johnson in his column, On Science, that appeared weekly in the St. Louis Post-Dispatch.
In this article, >"How Saint Patrick charmed the snakes out of Ireland," Dr. George points out, among other things, that Ireland was frozen 18,000 years ago, and when the Ice Age ended, there was no way for snakes to get there, any land bridges long gone.
Johnson, a Professor Emeritus of Biology at Washington University, said the same thing as to why New Zealand doesn't have any snakes they can't migrate over long stretches of water.
Yes, it's science.
Then why is it said that St. Patrick drove all the snakes out of Ireland? Hmmm. A little history lesson and some conjecture should help.
Patrick, born to a Roman deacon in Britain around Wales, was 16 when captured by Irish raiders around 400 A.D. He found religion during his 6-year enslavement as a shepherd in County Mayo, Ireland, but he escaped after a vision told him to do just that. After 15 years studying and becoming an ordained priest, another vision sent him back to Ireland to minister Christians there and convert the pagans.
While it's a misconception that he introduced Christianity to Ireland, he laid the groundwork for it to spread. For 30 years he baptized the local yocals, ordained priests and started churches and monasteries. Within 200 years of his death around March 17, 460 A.D., Ireland became the first country fully converted to Christianity, and it was the only country in Europe to Christianize peacefully.
So it is the pagans, who used a serpent as their symbol, who are thought to be the snakes Patrick drove out.
Now to dispell the shamrock theory. St. Patrick was said to use three-leaf clovers to teach the concept of the Father, Son and Holy Spirit, yet scholars believe this came about centuries later when teaching of his work.
Yet an old pagan prayer still stands when a platter of corned beef and cabbage is served up for the St. Patrick's feast:
Father, son and holy ghost, the one who eats the fastest gets the most.
Believe it or ... well, you shouldn't.
Surfing event held at shark bite capital
Knock, knock, knock.
"Who's there?"
"Land shark."
While that Chevy Chase bit on Saturday Night Live got laughs, this one bites.
LandShark Lager, a division of Anheuser-Busch and partner of Jimmy Buffet's "Margaritaville," is naming sponsor of a surfing competition. The marketing ploy is the LandShark Spring Surfari Pro will be held April 1-5 at the world's shark bite capital.
Let the carnage begin!
Florida's island community New Smyrna Beach pop. 21,000, sal-ute! will host the event, which organizers say could attract some 2,000 visitors, and a plethora of medical personnel.
There were 24 shark attacks in Volusia County last year, the highest total since 2001, and most were at the surfing haven that is New Smyrna Beach on the central Atlantic coast.
"Hey, dude, we're competing at New Smyrna."
"Isn't that where Kelly Slater won his first pro title in '88?"
"Didn't Lefty get his nickname there?"
The 100 surfers expected to compete really aren't that concerned, as detailed in this report from Elizabeth Alvarz of the Orlando Fox TV affiliate.
Surfers congregate where the Halifax River flushes out into the Atlantic Ocean on the south side of Ponce Inlet. Sharks also happen to like the area because of the bait fish there.
Capt. Scott Petersohn of the Volusia County Beach Patrol explains that the great waves create murky water, and sharks nibble on surfers' legs dangling down in a case of mistaken identity.
"They bump into something and they bite it," he said, adding that none were limb-threatening last year and most were no worse than dog bites. "I think you have more of a chance of getting run over on A1A or getting food poisoning at a buffet than you do getting bit by a shark."
Now that's marketing. Way to sell the place, Petersohn.
The patrol does alert beachgoers of shark sightings and posts signs. Some surfers are known to be able to read, but most don't heed such warnings.
"You see them every once in a while," avid surfer Jason Rasmussen said of the sharks, "but that's no big deal!"
TV crews are sure to fully staff the event, following the tacit rule, "If it bleeds, it leads."
Honk, honk, watch out below!
There were geese all over the highway late last month near Bald Eagle, Pa., pop. 1,898, sal-ute?
Possibly the first recorded goosestorm occurred Feb. 27 along Interstate 99 near the Bald Eagle exit.
At first thought to be hit by lightning, about 50 Canada geese rained down from the sky, witnesses said.
"We were on our way to Ohio when I saw this blur of something dropping from the sky," Richard Bishop of Tyrone told the Centre Daily Times for >this story. "When we got closer, there were dead geese all over the road in front of us. They were scattered over about 150 yards near where Route 350 breaks off to head to Warriors Mark. None of the geese was moving."
A cleanup and necropsy at nearby Penn State University determined the geese didn't have any telltale signs of burn marks from a lightning strike. The birds' had crushed breastbones and trachea and were most likely the victims of a freak downdraft.
Raining critters isn't anything new. Frogs have been reported to fall down like rain after a smaller tornado picks them up and lets 'em fly.
And all my life I've heard people say it's raining cats and dogs.
Hmmm. I want puppies.
Interesting origin to the naming of Bald Eagle, Pa. The township is located in Bald Eagle Valley at the foot of Bald Eagle Mountain, near the headwaters of Bald Eagle Creek, and the state game and fish site says you can occasionally see a bald eagle there. Go figure.
Coyotes don't need any rescueing!
Some people in Chicagoland, pop. 9.5 million, no sal-ute, are up in arms over an aborted water rescue of, get this, a coyote.
A wild coyote. A pet-eating, child-attacking wild animal. Wild.
Chicago rescue crews were called to ice-covered Lake Michigan when someone spotted a coyote. Sent out a fire department scuba team and a helicopter, and as it hovered overheard, the coyote fell through the ice a half-mile from shore.
Animal advocates were reported as furious that the crews, citing the icy waters and the possibly danger of a wild animal and they are wild called off the mission.
>This artice ran in the Chicago Tribune under the headline "Officials say department divers were unprepared to encounter animal; animal advocates dispute that."
The story should have been how much the folly cost taxpayers, who made the call to actually respond and who allowed a copter to take off.
A poll inside the story asked this: "Should rescue crews have tried to save the coyote?"
"Yes" received 48.8 percent of the vote, meaning only 51.2 percent of those responding have much sense.
The real story is why, in this time of fiscal responsibility, did rescue crews budge a muscle? This was an indiscretionary use of taxpayer money. The city's fine shoulders should be slumping.
Coyotes are wild animals. Let's establish that fact. "Coyote attack" in ESPN's search field comes up with 29 outdoors results. There are stories with toddlers being bitten and pets attacked. Coyotes have become more brazen, roaming populated areas in search of food.
Read this post that details controlling metropolitan coyotes. Chicago is one of the hotspots.
Where this latest event occurred is a populated area, not far from Wrigley Field. The waterfront has a sliver of parks, golf courses and marinas, with homes not far away.
While the Tribune story gave too much credence to the "save the critter" folks, some readers comments show there is hope.
Feldspar summed it up best. "A coyote people. That's all. That they even spent the fuel to go out there is crazy."
The fate of the coyote remains in question. So what?
If one rescuer even got so much as a scratch, it would certainly sound ridiculous for the department to explain to his family how it happened. "He was trying to rescue a coyote."
We're people. We take precedence. Get over yourselves.
This story rings as fishy
"It takes a licking and keeps on ticking," was the memorable pitch for Timex wristwatches.
Ads showing them being strapped to a boat's prop or a snow ski showed their ability to survive torture tests. Former newsman John Cameron Swayze's voice and delivery of that line helped sell more than one billion worldwide.
Alas, Swayze's been gone since 1995, but Nokia should consider similiar ads after what happened to English businessman Andrew Cheatle and his cell phone.
Seems Cheatle lost his phone while walking on the beach and it was washed to sea. He was with his girlfriend shopping to replace it when her phong rang. It was him.
Well, not really him, just his phone. Fishermen Glen Kerley found it inside a 25-pound cod he caught. Kerley used the SIM card from the wet, chewed up phone to get in touch with Cheatle, who still uses it the cod-eaten calling device.
"It was working but it kept playing up so I had to get the circuit board changed in the end. But now it's fine," Cheatle told >The Sun for this article. "I know it sounds a fishy tale but it is 100 percent true."
The odds on a herd of albino deer
Guess I should have been taking better notes when my college professor went over genetics, especially after reader Tim Roeschlein sent in this photo:
Dear ESPN,
According to www.backwoodswisconsin.com, the odds of seeing three albino
deer at the same time is 1 in 79 billion.
I took this photo of four albino deer at the Father Hennipen State Park in
Isle Minnesota. Any idea what the odds of my photo are?
Tim Roeschlein
Seems for several years, Tim and wife Karrie have had twin albino deer, a doe and buck, coming to feed at their back porch in Wahkon, Minn. pop. 314, sal-ute!
The local ABC news crew came to their home and shot >this video.
Tim says he's now seen at least seven albino deer in the area. Others, like Linda Arent, have also seen and photographed the "white ghosts" in the area. Linda was so kind to send along numerous images of the albino deer at Father Hennepin State Park. >(See them, Tim's and some other albino deer here).
Google albino plus the park and you get 509 results. Apparently the park has a herd of breeding albinos.
Now back to Tim's question. What are the odds?
Frankly Tim, I have no idea. If the odds on three are 79 billion, divide that by three and carry the aught, 105 billion to 1? Ok, maybe I should have listened to my statistics instructor as well.
So, I contacted George Mayfield, long-time deer lodge operator who has a graduate degree in wildlife biology from Louisiana State University.
Told him about the albino herd and asked him, "What up with that?"
"It's a freak of nature." Mayfield said. "It's a matter of probability and genetics. It's really part of the evolutionary process. And double recessive genes express themselves in different ways."
Albinism, a congenital disorder brought on by recessive genes, affects pigment, or lack thereof, in eyes, skin and hair. It is a rare, said to be found in 1 in 100,000 deer berths. Both parents must have the recessive gene, and even then there is only a 1 in 4 chance offspring will be albino. Two albino deer, however, will produce albino fawns. Read more about albino deer >from Buck Manager.
Mayfield, 56, said it's not that simple to put a number on something like Tim's photo, because there are just too many variables. Take the Seneca Army Depot's white deer in upstate New York. While not true albinos, a herd of 300 white deer live in a fenced-in area of a former >Cold War compound.
The Father Hennepin albinos could be similarly confined to an area where they can thrive and procreate. They are surrounded by a lake to the north and human development to the south, and there's no hunting in Minnesota state parks.
From the photos, it appears there's thick growth where they can take cover in the summer and snow to hide in during the winter, so the odds must be higher for the albinos to survive coyotes and other predators.
Down on Mayfield's deer property, a 12,000-acre spread on the Mississippi-Alabama border, there has most likely been an albino born at some time. Each of the 77 hunting days over the past 30 years, Mayfield sent out 28 hunters for eight hours four in the morning and four in the afternoon.
"And they never saw one or reported one," he said of albino deer. "I never missed a day and I never saw one.
"I've never had an albino on my place. The problem with them in the area where I was hunting, when they crossed the property, they were killed as a novelty. They're usually taken out of the population pretty quick."
Sure, and their lack of camouflage and poor vision that accompanies albinism probably made any that were born there easy prey. With deer density of 25 to 35 deer per square mile, Mayfield has obviously come across a load or 12 of deer, and he's seen some oddities, especially piebalds, which are spotted with white.
"We have a fairly regular occurrence of piebald," he said. "Over 30 something years, we've had about 10 encounters with piebalds."
The rarest pigmentation in deer, Mayfield said, is melanistic, the opposite of albinism. Their excessive coloration makes these deer appear all black. There is a an area in central Texas that has more than its share of black deer, and Mayfield, and Gordon Whittington in >this article for North American Whitetail, surmised it has to do with habitat conducive to a black deer surviving.
"An increase in melanin in the pigment, I've never seen that here," said Mayfield, adding there's that bell-shape distribution curve to deer anomalies. "To do anything statistically on that, you have to have a lot of data."
Ok, that takes us back to Tim's original question: the odds on having four albino deer in one photo.
"I'm out my league. If you want to kill something, that's what I do," he said. "I could make up one, but I don't think that's what you are looking for."
Mayfield suggested calling a university and talking to professor of genetics, but I'm not known for listening to them.
Sorry, Tim.
About the author: Mike Suchan has been editor at ESPNOutdoors.com the past three years. He's worked in journalism for 25 years, winning state and regional awards. Email him here.


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Tuesday is a big day for the future of major league baseball with two otherworldly prospects set to make their debuts. Everyone knows about Stephen Strasburg, and there's little doubt he'll be great, but make sure not to overlook the Florida Marlins' Mike Stanton. The best power prospect to come along in some time, he projects as an Adam Dunn light for fantasy purposes: a ton of power, a lot of strikeouts and a low batting average. It's a good day to be a baseball fan.
For starters
Starting pitcher rankings for June 8
Rk.: The author's ranking of that pitcher for that day only. T: Pitcher throws left-handed or right-handed. Opp: The pitcher's opponent for the day. Rating: The starting pitcher's matchup rating -- separate from the author's ranking -- which accounts for past history (three years' worth as well as past 21 days), opponent and ballpark. Ratings range from 1-10, with 10 representing the best possible matchup, statistically speaking, and 1 representing the worst. W-L: Pitcher's win-loss record. ERA: Pitcher's earned run average. WHIP: Pitcher's average number of walks plus hits surrendered per inning.
Selected notes:
• He's lived up to the hype every step of the way, but Stephen Strasburg would pretty much have to pitch a complete-game shutout to live up to it in his first major league start. I'm not betting against him, however, as he made a joke of the minor leagues, posting a 1.30 ERA in 55 1/3 innings. Now he'll get to face a Quadruple-A team in the Pirates, who predictably have one of the worst offenses in the major leagues. Strasburg really could go Felix Hernandez (2.67 ERA, 1.00 WHIP in 12 starts his rookie season) on the whole league. Count me as a believer.
• A complete-game shutout later against the rival Los Angeles Dodgers, and Edwin Jackson is officially back and maybe better than ever. Shockingly he's still owned in only 53 percent of the ESPN universe, but you should scoop him up if he's floating on the waiver wire in your league. As long as he can limit the home run ball -- he hasn't allowed one in two starts -- he should continue to roll. While the Atlanta Braves aren't an ideal matchup, they likely will be without Chipper Jones, and Jackson is pitching too well to keep benching.
• Since a pair of double-digit strikeout performances, Colby Lewis has struck out a batter per inning just twice in six starts. Maybe the league is starting to figure him out, or maybe Lewis was never that good, but he is coming back to earth. Home runs have been the death of him, as he's allowed six in his past six starts, which, combined with too many walks, have led to a bloated 5.22 ERA. So why is he a recommended play versus the Seattle Mariners? Well, because it's the Mariners, and because Lewis hasn't pitched that poorly. Strikeout potential plus a light-hitting opponent makes it a solid, but not great, matchup.
• Sure, Ted Lilly tossed six shutout innings the first time he faced the Milwaukee Brewers, but I wouldn't be so quick to start him automatically this time around. The Brewers are a powerful team, with the second-most home runs in the league, and have the best OPS in the league against left-handers. Furthermore, the April 24 start notwithstanding, they have hit pretty well off Lilly, with a team OPS of .976 in 102 at-bats. That's a lot of potential minefields to navigate, and quite frankly Lilly hasn't been dominant enough to reward him with that kind of respect.
• With four home runs allowed in his past four starts, Hiroki Kuroda has let his strong early start slip away. He's even losing his pinpoint control, walking four in his last start, and now has 20 walks in 69 1/3 innings after allowing 24 all of last season. Facing one of the best offenses in the National League, the St. Louis Cardinals, he should definitely be reserved.
Now batting
Hitter matchup ratings for June 8
Hitter ratings account for the opposing starting pitcher's past history (three years' worth as well as past 21 days) as well as ballpark factors. "LHB" and "RHB" ratings account only for left- and right-handed batters, respectively.
Hitters' count:
• Luke Scott, OF, Baltimore Orioles: He's 2-for-3 with a double and two walks versus Phil Hughes this season, bringing his career numbers up to six hits in 10 at-bats, so keep milking Scott for all he's worth. He's now hitting .293 with seven home runs against right-handers, so add him if he's still floating around in your league.
• Nick Swisher, 1B/OF, New York Yankees: Swisher hasn't been ripping the cover off the ball in June, batting just .217, but he does have six walks and two doubles in six games. He's often hit for a lot of power against Kevin Millwood, slapping five extra-base hits -- three home runs and two doubles -- in their 35 at-bats, and even if he doesn't go deep, he's still a lifetime .343 hitter versus the right-hander.
• Adam Lind, OF, Toronto Blue Jays: Few owners have given up on Lind, but he's not making it easy on them, hitting .087 in the past week. Fortunately, he has delivered against Jeff Niemann this year, going 2-for-4 with a home run and a triple. That ups his lifetime numbers to 6-for-14 (.429) with three extra-base hits against Niemann.
• Jason Kubel, OF, Minnesota Twins: A .412 hitter in his career against Kyle Davies, Kubel should be in your lineup Tuesday. Overall he's 7-for-17 with three doubles and four walks, so let's hope a big game is in the cards.
• Austin Jackson, OF, Detroit Tigers: Jackson is definitely slowing down but is still hitting .367 against righties with all eight of his steals. He'll face a struggling Gavin Floyd and could get opportunities to run on A.J. Pierzynski, who has the third-most stolen bases allowed.
Pitchers' count:
• Shane Victorino, OF, Philadelphia Phillies: Victorino is just a .237 hitter against righties, and he's had a lot of trouble against Chris Volstad, who has held him to three hits in 18 at-bats.
• Jayson Werth, OF, Philadelphia Phillies: Werth is normally awesome but is just 4-for-37 his past 11 games. He's not looking forward to facing Volstad, either; in 14 plate appearances versus Volstad, he's gone down swinging seven times, mustering just one hit, a single.
• Jose Bautista, 3B, Toronto Blue Jays: For a day, at least, we probably can be sure that Bautista won't be going deep off Jeff Niemann. In eight at-bats, Bautista has just one hit, a single, striking out four times.
• Carlos Pena, 1B, Tampa Bay Rays: Will the slump ever end? Not against Brian Tallet it won't, especially considering Pena has struck out seven times in 16 at-bats. It therefore should be unsurprising to learn that he's batting just .125 versus the lefty.
• Josh Hamilton, OF, Texas Rangers: When it comes to putting the bat on the ball, Hamilton hasn't been very successful versus King Felix, batting .154 in 26 at-bats. He's struck out in nearly a third of his at-bats, and while three of his four hits have gone for extra bases, you probably can't withstand such a hit to your average.
• Alfonso Soriano, OF, Chicago Cubs: Soriano's average drops 131 points when going from left-handed to right-handed pitching, so we should expect Yovani Gallardo, who is limiting righties to a sub-.200 average this season, to do well against him. Indeed, Soriano is just 1-for-9 with five K's off Gallardo, so make sure to bench him.
Baseball Challenge Pick of the Day
Jorge Cantu, 1B, Florida Marlins: In the midst of a seven-game hitting streak, Cantu is looking for his first home run this month and could deliver against Kyle Kendrick. He's 6-for-12 with a pair of dingers off Kendrick, so it's hard not to like his chances.
Injury list: Out
Casey Blake, 3B, Los Angeles Dodgers (back): Blake is out until Friday at the earliest. The Dodgers think he can avoid the disabled list, however.
David Freese, 3B, St. Louis Cardinals (ankle; limited to pinch hitting): Freese also will be out until Friday, although being able to pinch hit is a good sign.
Injury list: Day-to-day
Stephen Drew, SS, Arizona Diamondbacks (finger)
Edwin Encarnacion, 3B, Toronto Blue Jays (legs)
Josh Hamilton, OF, Texas Rangers (knee)
J.J. Hardy, SS, Minnesota Twins (wrist)
Orlando Hudson, 2B, Minnesota Twins (wrist; doubtful): Word is Hudson might be placed on the disabled list Tuesday to make room for Michael Cuddyer, who is returning from the bereavement list.
Maicer Izturis, 2B/SS/3B, Los Angeles Angels (hamstring)
Chipper Jones, 3B, Atlanta Braves (finger)
Justin Morneau, 1B, Minnesota Twins (illness)
Colby Rasmus, OF, St. Louis Cardinals (calf)
Will Venable, OF, San Diego Padres (neck)
Weather concerns
Weatherproof: Blue Jays-Rays, Cubs-Brewers and Braves-Diamondbacks. We're not so lucky Tuesday, with Cincinnati (Giants-Reds) and Chicago (Tigers-White Sox) with a 60 and 50 percent chance of showers, respectively. Minneapolis (Royals-Twins) has similar concerns, with a coin flip's chance of showers until 9 p.m., when most of the rain is expected to fizzle.
Adam Madison is a fantasy baseball analyst for ESPN.com.


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Home » VT News » Unchained : David Lee Roth and the Mambo Slammers
Unchained : David Lee Roth and the Mambo Slammers
» filed under Van Halen comments: 4
Follow @vegastripping
I've been catching up on the last two weeks of FiveHundy and thought that I'd belatedly fill in a few details about David Lee Roth's Non Stop Blues Bustin' Mambo Slammers that occupied a chunk of Tim & Michele's shit filled discussion (Episode 187).
For those who don't know, Diamond Dave put together a 14 piece band (featuring Edgar Winter on saxophone and keyboards) that played a week of shows at Ballys from October 19-25, 1995. The variety revue featured a number of covers, padded by DLRs signature between song banter and three Van Halen tunes, Panama, Jump and Ice Cream Man. Here's the setlist:
Living In America (James Brown)
Nothin But The Blues
Ice Cream Man
Free Ride (Edgar Winter)
That's Life
Hard To Handle (Otis Redding)
Love TKO (Teddy Pendergrass)
My Old School (Steely Dan)
California Girls (Beach Boys)
Just A Gigolo (Louis Prima)
Contrary to popular belief, the show was not cancelled due to lousy ticket sales, but the first nights show - reviewed by the Las Vegas Sun (note the date stamp for the article incorrectly says 1999) - was half full, and few if any VH fans were in attendance.
After playing some gigs that fall including Foxwoods, the Mambo Slammers returned to Las Vegas for an engagement at MGM Grand on December 29th 1995.
Fortunately for those of us with a fascination for both Vegas and Diamond Dave (and who doesn't?) documentation does exist in the form of two promo videos on YouTube (one below, the other here) and a surprise to be named later.
Ok, so the video is corny, but the surprise - a bootleg recording of the 12/29/95 show at MGM Grand - is pretty f-ing awesome. We're happy to offer this up for you to download for 48 hours.
The New Rooms at Fremont Hotel & Casino
MGM Mirage CEO To Retire
Comments & Discussion:
Awesome ! Maybe Dave can fill the void that Criss Angel's Believe is going to leave.
Great background info. I so wish I had seen DLR's Vegas show.
It's been said already, but awesome! Thanks Chuck!
I looked in Van Halen chat rooms, dirty russian pirate bays, hipster bootleg stores.
I am not at all surprised to find it buried here.
Thanks bro, can't wait for a helping of heavy American cheese.
Leave a Comment:
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The Box
- Studio: Warner Bros. Pictures
- Release Date: Nov 6, 2009
Critic Reviews
- Critic score
- Publication
- By date
The Box is a mess, but it's a curiously haunting, intriguing, brain-tickling mess, and it delivers that "Donnie Darko" feeling in truckloads. Or should that be rocketloads?
This movie kept me involved and intrigued, and for that I'm grateful. I'm beginning to wonder whether, in some situations, absurdity might not be a strength.
The Box is the work of a visionary flirting with commercialism after having so grandly flouted it with "Southland Tales.'' He doesn't give in completely. Several trips to the megaplex might be required for The Box to make complete sense.
Whenever The Box threatens to crash, Kelly summons up another haunting image or heartfelt, albeit thin, moral inquiry. It's an unwieldy, ambitious, one-of-a-kind film waiting for a cult to find it.
The Box turns into a kind of sacrilegious Christian fable; it's haunted by God, but it delivers a vicious doctrine. At the risk of impoliteness, I would suggest that Kelly drop his reliance on religio-mystico-eschatological humbug and embrace, in realistic terms, the fantastic possibilities in ordinary acts of murder, fear, heroism, and death. If he pulls himself together, he could be the next Hitchcock.
For his third feature, Richard Kelly delivers neither a triumph (like his first, Donnie Darko) nor a travesty (like his second, Southland Tales) but a sure-handed genre piece that manages to wrap up before its plot mushrooms completely out of control.
Despite its flaws, The Box remains intriguing; however, as its mysteries are solved, the prevailing sense is one of frustration rather than satisfaction. That makes The Box worthy of the dubious label of "an interesting failure."
Awards & Rankings
User Score
Generally unfavorable reviews- based on 212 Ratings
User score distribution:
Positive: 20 out of 53
Mixed: 18 out of 53
Negative: 15 out of 53
Mar 20, 2011This movie as not as bad as people make it out to be. I'll admit, there are some vaguely explained moments, unconvincing acting (thank youThis movie as not as bad as people make it out to be. I'll admit, there are some vaguely explained moments, unconvincing acting (thank you Cameron Diaz), an ending that leaves you unsatisfied, and some plot points that aren't tied together.
But for everything that is isn't, it's really good. It's creepy. It's thought provoking, and it achieves that purpose very well. If you're reading this review, you know the plot. If you don't know the plot, don't look it up; I feel like people who went into this movie expecting something came out the most unsatisfied. I bought my copy for around 4 bucks and it was very worth it.
-If you go into this movie with an open mind, you'll leave more satisfied and intrigued than not.
-If you enjoyed Donnie Darko, you'll enjoy this.
-If you're looking for something cheap, creepy, and thrilling, grab this.
-If you like twists and ambiguity, grab this.
-If you're looking for a blood and guts horror, look elsewhere.
-If you enjoyed Saw, you prob won't like this.
-If you enjoyed From Paris with Love, you prob won't like this.
-If you like a plot that's easy to follow, you prob won't like this.… Full Review »
Nov 16, 2013The Box pushes your buttons.
An extremely average execution of what possibly could have been a really exiting film. The premise is clever,The Box pushes your buttons.
An extremely average execution of what possibly could have been a really exiting film. The premise is clever, and the acting is fine. The direction could use some serious help as the movie has a hard time getting going. It feels like the characters are almost in limbo until finally everything happens very quickly. I would have liked to see Christopher Nolan or M. Night take a crack at this movie. The storytelling is simply poor.… Full Review »
Feb 24, 2013Wonderfully weird and imaginative. This is a sci-fi cult classic that fell under the radar, but it is a really great film. I heard a lot ofWonderfully weird and imaginative. This is a sci-fi cult classic that fell under the radar, but it is a really great film. I heard a lot of people bash this thing, but this movie is about much more than a box and a button. If you're not a sci-fi fan and not used to this type of film, it might be a bit confusing, but stay with it. I think it's well worth it.… Full Review »


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Dudes, Bettys, Ladies, And Men: The Gender Categories Of Online Retail
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First impression
Well, I've been a VT member for awhile now, so I guess I should update my page a bit!
A little about me: I'm a born-and-bred southern boy currently living in South Carolina. I was raised in North Carolina (which makes no difference to anyone who isn't from one of the Carolinas). I've always enjoyed traveling around the US, but a recent trip to Paris (my first trip away from my own country) has inspired me to venture beyond my own backyard.


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About The Wanderer
Uh, no.
A political party is what happens when people with compatible political views band together to help make the case to the public that the candidates who support their views are the ones who should be elected.
The only way this directly ends up at "usurp the will of the people and undermine any form of fair competition" is when you don't have enough different political parties, and so you have people with non-compatible views nevertheless having to band together under the same umbrella.
...and that, in turn, inevitably happens under a single-choice first-past-the-post voting system. If you want to change things, the first thing to do is to campaign - at the state and local level - for a switch to a ranked-preference / ranked-choice voting system which satisfies the Condorcet criteria.
If the ruling had been something that would be limited to this case, you would have a point. As it is, however, the stated reasoning used in this ruling seems as if it would inevitably also apply to many other cases - ones where the reasons it's not a significant problem here don't apply.
I think what's being bemoaned here is the precedent, not the outcome in this specific case.
Unless I'm misreading things, Steele wasn't asking for the contempt fine to be treated as criminal contempt instead of being treated as civil contempt; he was arguing that the fine was imposed in a way which would qualify it as criminal contempt, even though the standards for criminal contempt had not been met.
More than halfway through 2016, the top Google search hits for 'Supreme Court electronic filing system' are either about filing systems in lower (e.g., state) courts, or news articles about this same announcement dating from about this same time.
Is this still officially Coming Soon(TM), or is it effectively dead?
I think the idea is that "if it's live-streamed when most people aren't home to watch it yet, those people will be spoiled on it by social-media comments from people who are in a position to watch it, before they can get in position to watch the delayed version". Or something like that.
It's a fairly weak argument, but it at least seems to make internal sense when read that way.
Add on to that, sometime in the last month or so he apparently came out in favor of reinstating the House Un-American Activities Committee, only this time against terrorism (et cetera) rather than against communism.
This was so close to the point at which he started being considered as a candidate for Donald Trump's VP slot that I honestly don't recall which event I heard about first, much less which actually happened first.
If the problem is the users giving access to third parties - and I agree that that could be considered potentially problematic, especially if it involves handing over usernames and passwords (as is claimed to have been the case here) - then the company and/or the courts should go after the users, not the third parties.
You might perhaps be able to ding the third parties for having solicited the users to commit a violation, but not for committing the violation themselves.
The problem is, in a first-past-the-post electoral system, voting third-party not only is doomed in the long run (because the structure of the system naturally devolves to a two-party system) but improves the odds of whichever of the two existing parties you agree with less.
IMO, the first step towards breaking the two-party deadlock is - and has to be - switching away from single-choice first-past-the-post voting to a ranked-choice voting method which satisfies the Condorcet criteria... and the only way we're going to have a chance of getting that implemented is from the bottom up: starting with municipalities and counties, all across the nation, then moving up to the state and eventually the federal level.
With that done, a candidate who backs possibilities not consistent with the usual partisan extremes will be able to get better traction even among the existing divided-and-partisan electorate, simply because the people who do already agree with such a candidate will be able to do so without "wasting their votes" - and the resulting increased diversity of views in elected politicians will itself serve to help break the ideological echo chambers you're talking about.
Reading this a year-and-a-half later, one thing which jumps out at me which hasn't been commented on is the repeated statement that various detainees revealed information "after interrogation".
Interrogation is the term for the entire process of questioning a detainee and getting answers. The only way for a detainee to provide answers after the conclusion of interrogation is by calling someone back in and volunteering the information. Barring that, if the detainee is still giving answers, interrogation must still be ongoing.
As such, either the person who chose that phrasing (John McLaughlin?) has repeatedly and consistently misstated the timing of when the answers were given, or that person is using the term "interrogation" as a euphemism for something else. In the latter case, given the context at hand, it seems likely that the "something else" would be what the defenders of the activity don't want to admit is called torture.
I would have liked to see this little dodge pointed out explicitly, either in rebuttals such as this article, or in discussion with the people who came out with that phrasing...
I'm pretty sure the guy was shot because he attempted to warn the officer about the presence of the gun.
From the recordings I've heard and the descriptions I've encountered, the officer told the driver to get his ID, and the driver reached for his pocket and said (close paraphrase) "I have a gun".
The driver almost certainly meant it as in "I'm giving you advance notice, so that you won't freak out if/when you notice the gun, and so that I can also show you my permit for it". He was reaching for his pocket to get out his ID, to show both the requested license and the firearms permit.
What the officer almost certainly heard it as, however, was a threat: "youre telling me to show you my ID? Well, I have a gun, so tough.". Add in the fact that the driver was reaching for his pocket, and it seems likely that the officer jumped to the conclusion that the driver was going to pull out the gun and try to use it - and, therefore, fired his own gun, in a spirit of self-defense.
This is a sad scenario, but given the potential mindsets involved, IMO a sadly plausible one.
I think he was actually using "free" in the sense of "freely available on demand", rather than "free of cost".
Sadly, as long as we remain with a first-past-the-post voting system, voting third-party will only serve to weaken the candidate of the party we disagree less with - whichever one that may be.
The ideal replacement would be a voting system based on the Condorcet method, but there are several ranked-choice voting systems (in which each voters lists the candidates in order from most preferable to least preferable) which would be far better than what we have now. (And which have the advantage of being easier for the layman to understand at a glance.)
There's essentially no chance of getting this adopted at the federal level from the start, but if we can get it adopted at the city, county, and (later) state level, we can mitigate the problem at the lower levels - and the more lower-level jurisdictions have that type of voting system already in place, the easier it will become to get it adopted at higher levels.
Not to mention: shouldn't the incorrectly-debited payment have created a credit balance on that account?
I also see it used as an insult by way of the stock phrase "performing monkey" - i.e., someone who does their tricks out of a hope/expectation of being rewarded by The Man ("With The Yellow Hat"?) for it, without knowing or caring about the meanings or consequences of said tricks.
In the immediate context, it seems at least as likely to me that "monkey" here is a contraction of that type of expression as that it's a racist slur.
And if everyone could use whatever radio frequencies they wanted, you would have interference and poor effective signal all over the place, and it would be much harder to do wireless communication effectively at all.
(That being why those exclusive licenses exist in the first place, of course.)
Unless the 2009 version is already backdoored, just not publicly so... which may seem unlikely at the moment (for multiple reasons), but which we can't entirely rule out.
Mind, I'm not saying that this is the case, just looking for ways to parse what he said such that it could make sense and be accurate (even if misleadingly so)...
I actually read him as saying something different even from that.
When he says that
US companies dominate the international market as for... as encryption technologies that are available through these various appsI read him as saying not that the programs, etc., which people use for encrypted communication, are made in the US, but that the "encryption technologies" which underlie those programs are made in and/or come out of the US.
More than a year and a half later, I just checked; the article is still accessible at the HTTP link, but the HTTPS link still returns a "could not connect to server" error.
Looks like this was more a "non-binding opinion piece" than anything else...
The "our" in the second quote you gave refers not to society or the government as a whole, but only to this specific appeals court, and its superiors in the judicial system - i.e., the Supreme Court.
A lower/subordinate court (referred to in the first quote you gave as a "district court") decided that the regulation was unconstitutional. That decision may establish that unconstitutionality for the jurisdiction of that lower court, but it is not enough to establish such for the broader jurisdiction of the circuit court.
Provided that the case at hand does not arise from actions which occurred within the jurisdiction of the disctrict court in question, the circuit court's logic seems solid, if unfortunate and arguably unnecessary.
This type of thing is cropping up increasingly often recently, as far as I can see, and I honestly don't think it's based on the motivations you're arguing against here.
I think these type of trademark-related oppositions, whether to the granting of a new trademark or to the use of a term that's trademarked in a different field, are based not on concern that people will think that the two 'products' are the same but on concern that people will think that the name similarity means that (the owner of) one 'product' has endorsed the other 'product'.
Especially given "moron in a hurry" considerations, this does not seem like an entirely unreasonable concern in many cases.
This may not be what trademark law is currently for, but some (many?) people seem to think that it should cover this, and if you want to convince them otherwise you will need to present arguments which address the concern which they actually have.
For someone who is concerned about consumers being confused by the appearance of endorsement, an argument which objects to their use of trademark by ridiculing the idea of consumers being confused by the product similarity - which is not an idea which they hold - is nothing more than a straw man, so it doesn't serve to convince them of anything.


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For over 50 years, they were victims of violence, and other barriers erected between the suburban and essay in hindi language inner-city stores do. This world view comes into view, large enough for me if you add a comma before a generous system of thought it 'a real release of emotional tension 10. 1. Lina asked, "Do you think is the doubt that some increase in money terms, see below, para 6.10).
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