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We are registered with the Thai Law Society and our attorneys are registered with their respective bar councils in their home countries.[Call us: +667-632-6322]
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Phuket is rated globally as one of the best retirement places not only in terms of a lower cost of living but also because of the high standard of healthcare
Retiring in Phuket or buying property can be a hit and miss affair if you do not know much about the laws that govern the property in Thailand. The Condominium
Buying property in Thailand is cheap considering the cost of a villa or condo in Spain. British expats prefer to settle in Phuket because of the vast
Many expats decide to retire in Phuket and do not know much about its history or the lifestyle which it offers. Phuket has much to offer any retired expat
Phuket real estate market includes Phuket apartment which is very luxurious and continues to prove its strength regardless of mourn of Phuket property
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Women can, and do, die as a result of induced abortion. For a one-year period (1998) the Center for Disease Control (CDC) in the U.S.A reported 10 deaths as a result of legal abortion. (44) Taking this figure as an average and multiplying it by the number of years abortion has been legal in the U.S., gives a total of more than 300 deaths. Investigators believe the true number may be far higher than this, owing to ambiguous and misleading reporting on death certificates.
Evidence for this under-reporting is provided in Mark Crutcher's Lime 5, Exploited by Choice which subsequently became a 20:20 TV documentary exposé on the abortion industry. Even under the best medical conditions, an experienced practitioner performing a routine abortion may puncture the uterus, the bowel or the bladder, leading to haemorrhage, infection and/or possible death.
Abortion-related maternal mortality is generally under-reported. Crutcher and his researchers personally verified 23 deaths from induced abortion in 1992-1993 in the USA. All deaths were reported to State agencies. The documentation from State health departments shows that 18 deaths were reported to the federal Center for Disease Control.
However, the official report of the CDC lists only 2 deaths. At first the researchers attributed the difference to bureaucratic incompetence. After further examination, they documented that the flawed abortion data from the CDC was not due to ineptitude but dishonesty, as "a large percentage of CDC employees had direct ties to the abortion industry." (45)
The Journal of the American Medical Association had the following to report;
"Complications following abortions performed in free-standing abortion clinics are one of the most frequent gynecological emergencies encountered. Even life-endangering complications rarely come to the attention of the physician who per- formed the abortion, unless the incident entails litigation." (46)
A Scandinavian study on six of the countries which formed part of the Soviet Union - Estonia, Latvia, Lithuania, Russia, Belarussia and Ukraine - found the very high frequency of abortion contributes to the "deleterious" population decline and that maternal mortality remained "unacceptably high."
The researchers write:
"It is particularly worrying that induced abortions make up 20% - 35% of all maternal mortality." (47)
Causes of maternal deaths, arising specifically from induced abortion, range from haemorrhage and infection to embolism and cardiomyopathy. According to Atrash et al (48) approximately 14% of all deaths from legal abortion in the United States are due to anaesthesia complications.
They define abortion-related deaths as; deaths resulting from a direct complication; an indirect complication caused by events initiated by the abortion, or an aggravation, by the abortion, of a pre-existing condition.
Septicaemia is a well-recognised complication in the recently aborted mother. Farro and Pearlman list the infectious complications of abortion in their book Infections and Abortion (49) published in 1992. They listed the infectious complications as including Adult Respiratory Distress Syndrome (ARDS), septic shock, renal failure, abscess formation, septic emboli and even death.
These complications are mentioned also in other reputable text books (50) and Victor Caraballo has written a most enlightening paper (51) on the presentation of severe septic complications in the emergency room setting.
Bleeding and haemorrhage are common after abortion. Blood transfusions are sometimes required. A report entitled Legal Abortion: A Critical Assessment of its Risks reported that 9.5% of post-abortive women needed blood transfusions after excessive bleeding. (52)
Childbirth is a normal process and the body is well prepared in advance for the separation and expulsion of placenta accompanying delivery.
Surgical abortion is an abnormal process that pries the unripe placenta from the muscle wall of the uterus in which it is entwined. This can cause the amniotic fluid to enter into the mother's circulation. Emboli can cause serious damage and even death. Pulmonary thromboembolism was the cause of eight female fatalities, as reported to the U.S. Center for Disease Control. (53)
A 1997 study (54) of pregnancy-associated deaths in Finland has shown that the risk of dying within a year after an abortion is several times higher than the risk of dying after childbirth or miscarriage. This carefully designed record-based study is from STAKES, the statistical analysis unit of Finland's National Research and Development Centre for Welfare and Health.
In an attempt to study the accuracy of maternal death reports, the researchers sought the death certificate records for all women of reproductive age (15-49) who died between 1987 and 1994 - a total of 9,192 women. They then trawled through the National Health Care database to identify any pregnancy-related events for each of these women in the 12 months prior to their deaths.
Since Finland has socialised medical care, it has accurate birth, death and abortion registries, thus allowing STAKES researchers to identify 281 women who had died within a year of their last pregnancy. They found the mortality rate per 100,000 to be 27 for women who had given birth, 48 for women who had miscarriages or ectopic pregnancies and 101 for women who had had abortions.
The table below shows ratios of women who died following childbirth, miscarriage and abortion. Compared to women who carry a pregnancy to term, those who abort are over 3.5 times more likely to die within a year. In other words the maternal death rate after abortion was more than three times greater than the maternal death rate after childbirth.
These findings, which were reported in prestigious British and Scandinavian medical journals, disprove the spurious claim that induced abortion is safer than childbirth.
Maternal Mortality
44. Laurie D Elam Evans et al "Morbidity and Mortality Weekly report", Nov 28 2003, Vol 52, No SS-12. Division of Reproductive Health, National centre for Chronic Disease Prevention and Health Promotion; Abortion Surveillance in the United States 2000.
45. Crutcher M, "Lime 5 - Exploited by Choice," Denton, Texas, Life Dynamics Inc, 1996, Genesis Publications, Chapter 4
46. Iffy L, "Second Trimester Abortions," JAMA, Vol 249, No 5
47. Mogilevkina I, Matkote S et al, "Induced abortions and childbirths: Trends in Estonia, Latvia, Lithuania, Russia, Belarussia and the Ukraine during 1970 to 1994," Acta Obstetricia et Gynecologica Scandanavia, 1996 November, 75 (10): 908-11
48. Atrash H K, Hogue C J, "Legal abortion mortality and general anesthesia," American Journal of Obstetrics and Gynecology, 1988 February, 158(2):420-4
49. Faro S, Pearlman M, "Infections and Abortion," New York: Elservier, 1992, p 42
50. Sweet R L and Gibbs R L, "Post-abortion Infection, Bacteremia and Septic Shock in Infectious Diseases of the Female Genital Tract," 3rd edition, Baltimore, Wilkins & Wilkins, 1995, 363-378
51. Caraballo V, "Fatal Myocardial Infarction resulting from Coronary Artery Septic Embolism after Abortion Unusual Cause and Complications of Endocarditis," Annals of Emergency Medicine, 29 (1): 175, January 1997
52. Stallworthy J A et al, "Legal abortion, a critical assessment of its risks," The Lancet, Dec 4 1971
53. Cates W et al, American Journal of Obstetricians and Gynecologists, Vol 132, p 169
54. Gissler M, Kauppila R, Merilainen J, Toukomaa H, Hemminki E," Pregnancy-associated deaths in Finland 1987-1999," Acta Obstetricia et Gynecologica Scandanavia, August 1997;76 (7):651-7


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Burwood One.
The Nunawading Spectres are excited to announce a new two-year naming rights partnership with Burwood One Shopping Centre that will see both women's and men's South East Australian Basketball League (SEABL) teams known as the Nunawading 'Burwood One' Spectres.
"We're extremely excited to be partnering with such a strong brand in our community," Nunawading Basketball Operations Manager Paul Flynn said.
"This partnership has developed over time, from a SEABL player partner to now the naming rights partner of our Nunawading 'Burwood One' Spectres SEABL teams."
"Burwood One and its retailers will play an instrumental role in our efforts to grow our profile further and introduce the game of basketball, whether it be as a spectator or participant to even more people across the community."
Nunawading Basketball is home to the Melbourne East Basketball Association (MEBA) and its representative teams – the Nunawading Spectres. At present, Nunawading Basketball facilitates programs and competitions for in excess of 12,000 players, coaches and officials on a weekly basis, making in one of Australia's largest and most successful basketball associations.
A foundation program of both the NBL and WNBL, the Spectres made the switch into SEABL (then CBA) in the early 90's – maintaining Nunawading Basketball Centre as their home base. To this day, the SEABL provides a platform for the Spectres to compete on a national stage and a peak of their elite development pathway. The 2018 SEABL season is scheduled to tip off April 7.
"Burwood One Shopping Centre, is a community based Centre and we are proud to be partnering with Nunawading Basketball,"
said Burwood One Marketing Manager Michelle Curtis.
The partnership with Burwood One further strengthens Nunawading Basketball's commitment to providing its clubs, teams and members with premium resources with a focus on growing our footprint in the community.


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Camden has been warned shutting down the Netherwood Day Centre would be a 'backward step'
Published: 12 January, 2017
By TOM FOOT
CAMPAIGNERS have swung back into action after the council launched a third move to close a dementia day centre.
The Friends of Netherwood Day Centre say they will not let the Town Hall sell off and shut down the specially designed building in West Hampstead without a fight.
Family carer and journalist Jane Clinton, who has led two successful campaigns to stop the closure of Netherwood since 2011, has questioned statistics informing the latest closure plan.
She said: "Camden have realised the error of their ways on this twice already – are they really going to go through this again?"
The council announced its "preferred option" is to move all old people's day centre services – Netherwood, Raglan in Kentish Town and Charlie Ratchford Centre, Chalk Farm – into an "older people's hub" in a newly refurbished Kingsgate Resource Centre, West Hampstead.
Netherwood is Camden's only specially built day centre for people diagnosed with dementia. Its large garden and spacious, welcoming rooms have long made it a jewel in the crown of the borough's dementia daycare.
But the large site and position by railway land and close to Brondesbury overground station has made it a prime target for council valuers.
Labour ward councillor Thomas Gardiner said: "We [Kilburn ward councillors] think that options other than closure should be looked at more closely. There are rising levels of dementia nationally and locally.
"We think it would be a really backward step to close the only specially built dementia centre in the borough."
His colleagues in the cabinet, however, have warned that the council's funding from central government has halved since 2010, leading to difficult decisions.
Back in 2012, a glittering array of A-list celebrities including Ricky Gervais, Benedict Cumberbatch, the late Terry Pratchett, violinist Nigel Kennedy, actors Robert Powell and Ray Winstone, backed the campaign to save Netherwood, while Roundhouse boss Sir Torquil Norman spoke up at heated public meetings.
The Town Hall say there has been a "sustained decline" in Camden day service use in the last two years, producing figures that show a fall of 893 to 782 members across the borough between 2014 and 2016. New joiners are also down, it said.
Ms Clinton believes there are potentially flaws in Camden's information and that referrals had been intentionally slowed in recent years to give the impression of waning interest.
Many at Netherwood had joined through word of mouth, she said.
Day centre users at Charlie Ratchford were due to get a new centre in a development there, but under the new Kingsgate plans "a day centre in the new Charlie Ratchford development would not be built".
In a statement, Camden's social services chief, Councillor Georgia Gould, said: "There is a growing national crisis in adult social care and, without more funding from the government, we must take action to maintain high-quality care for our residents.
"The number of people using our day centres has reduced over recent years, and we also have several day centres which offer similar services.
"We are proposing to reduce the number of day centres from which we provide services, without reducing the level of care we provide to our older people.
"For some people, this may mean that their current service would be provided from a different building.
"We will fully consult on these proposals and we urge service-users, their carers and families to have their say so that we can agree the best possible future arrangement."


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eBay just announced on Twitter that it will not renew its membership with the controversial climate change-denying political group American Legislative Exchange Council (ALEC). With this action, eBay becomes the 100th company to sever ties with ALEC since the launch of ALEC Exposed in July 2011. ALEC is a nonprofit organization, funded by corporate interests, that lobbies to dilute and overturn environmental protection rules.
The recent exodus of technology firms from ALEC include Google, Facebook, and Yahoo. Now, eBay has joined the ranks, severing its relationship with the firm that denies climate change and criticizes EPA rules related to reducing carbon pollution. Other giant companies, such as General Motors and GE, have also made the decision to ditch their associations with ALEC.
These 100 break ups represent a great loss of income for ALEC, and therefore a reduction in the resources available to harm the environment. The companies removing their support from ALEC have done so in part due to efforts by the Center for Media and Democracy (CMD) which works with other climate change awareness groups like Forecast the Facts and Credo Action. In the upcoming year, these groups will continue their work to urge other large companies to part ways with ALEC.
Via PRWatch
Photos via Shutterstock


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In an age in which it seems that all the grown ups have abdicated and fled the country, the American College of Pediatricians has just struck a blow for common sense and against the gender confusion being forced on Americans by an axis of Soros-funded non-profit gender activists and the Obama Administration.
The American College of Pediatricians is a national organization of physicians specializing in the treatment of children. They produce policy recommendations based upon the best available scientific research to assist parents in raising children and to influence public policy makers.
On March 21, the ACP released a statement entitled, "Gender Ideology Harms Children," in which they make several surprisingly sane and sober points, including the following:
Human sexuality is an objective biological binary trait: "XY" and "XX" are genetic markers of health – not genetic markers of a disorder. The norm for human design is to be conceived either male or female. Human sexuality is binary by design with the obvious purpose being the reproduction and flourishing of our species. This principle is self-evident. The exceedingly rare disorders of sex development (DSDs), including but not limited to testicular feminization and congenital adrenal hyperplasia, are all medically identifiable deviations from the sexual binary norm, and are rightly recognized as disorders of human design. Individuals with DSDs do not constitute a third sex.
A person's belief that he or she is something they are not is, at best, a sign of confused thinking. When an otherwise healthy biological boy believes he is a girl, or an otherwise healthy biological girl believes she is a boy, an objective psychological problem exists that lies in the mind not the body, and it should be treated as such. These children suffer from gender dysphoria. Gender dysphoria (GD), formerly listed as Gender Identity Disorder (GID), is a recognized mental disorder in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association (DSM-V). According to the DSM-V, as many as 98% of gender confused boys and 88% of gender confused girls eventually accept their biological sex after naturally passing through puberty.
Puberty is not a disease and puberty-blocking hormones can be dangerous. Reversible or not, puberty- blocking hormones induce a state of disease – the absence of puberty – and inhibit growth and fertility in a previously biologically healthy child. Children who use puberty blockers to impersonate the opposite sex will require cross-sex hormones in late adolescence. Cross-sex hormones (testosterone and estrogen) are associated with dangerous health risks including but not limited to high blood pressure, blood clots, stroke and cancer.
Rates of suicide are twenty times greater among adults who use cross-sex hormones and undergo sex reassignment surgery, even in Sweden which is among the most LGBQT – affirming countries. What compassionate and reasonable person would condemn young children to this fate knowing that after puberty as many as 88% of girls and 98% of boys will eventually accept reality and achieve a state of mental and physical health?
Conditioning children into believing a lifetime of chemical and surgical impersonation of the opposite sex is normal and healthful is child abuse. Endorsing gender discordance as normal via public education and legal policies will confuse children and parents, leading more children to present to "gender clinics" where they will be given puberty-blocking drugs. This, in turn, virtually ensures that they will "choose" a lifetime of carcinogenic and otherwise toxic cross-sex hormones, and likely consider unnecessary surgical mutilation of their healthy body parts as young adults.
Kudos to the American College of Pediatricians, which is run by grown ups with decent values.
The American College of Pediatricians was founded in 2002 by conservative pediatricians who no longer wished to be associated with the increasingly liberal public policy recommendations of the American Academy of Pediatrics. The specific issue that led to the founding of the ACP was the AAP's promotion of adoption by same-sex couples.


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For over 20 years I've been helping businesses increase revenue with modern web solutions. I cut my teeth working with Fortune 500 call centers in the late 90s, then migrated to the consumer software industry where I specialized in managing multi-million dollar ecommerce platforms. Then in 2008, I started building websites for Powersports dealers. Today I specialize in products, platforms and ecommerce solutions for the Powersports, RV and Marine markets. In this super competitive landscape, I help companies create or adopt platforms with the tools dealers need to sell more units and do so efficiently.
Years of experience with Web Platforms, Digital, Email & Behavioral Marketing, Lead Management, DMS, OEM Parts & Accessories, eCommerce, CRM and more!
▪ Platforms: ARI, DX1, Dealerspike, Level5, vNext Technologies
▪ DMS: CDK Lightspeed, Lizzy, DX1, ARI
▪ eCommerce: Magento, Shopify, Channel Advisor, Roadster
▪ Payment Gateways: CenPOS, Authorize.net, PayPal, Stripe, Amazon, Vantiv
When I'm not helping clients, you'll find me surfing, backpacking, going to concerts and riding or restoring motorcycles.


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Hi, call me Joe. I am a traveller, a runner, a beer drinker, a film lover, a web developer, a hiker and not a very good darts player. I am from the UK and currently live in Canada.
I have a BSc in Computer Science from Cardiff University, do various technical internet stuff for a living and travel as much as possible.
I am the creator of Auction Nudge, a free online service that allows eBay sellers to integrate their eBay listings and profile information with their own website.
Once upon a time I did freelance web development work, you can see some of that work here.
You can see what I am currently up to on my blog.


text: New York—Dow Jones & Co., publisher of The Wall Street Journal, and Nielsen Co. have joined forces to produce Media and Money: The Intersection of Media, Entertainment & Wall Street. The two-day event will take place Nov. 7-8 at the New York Grand Hyatt Hotel. It will address investment trends in media, the impact of developing technologies, the changing advertising market, the convergence of traditional and new media, and the outlook for newspapers and magazines. The conference marks a first-time partnership between Dow Jones and Nielsen, whose assets include Nielsen Business Media and Nielsen//NetRatings.


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Make a Home in Harlesden. This well-connected, vibrant town in northwest London is turning around its fortunes to become one of the city's most desirable new areas for home buyers.
There's something of a buzz about Harlesden. Walking through the maze of pretty Victorian roads, you can't help but notice the number of renovations spilling on to the street. People are getting excited about this town in northwest London: not just about the comparatively lower house prices and its proximity to the city centre, but about the vibrant and long-established community that lies at its heart and that forms the central hub of NW10.
The vast town centre, awash with shops, selling everything from sequins to speakers, and food from across the globe, reflects the diversity of Harlesden and the people in it. The bubbling music scene, spreading up from the locales of Notting Hill and Kensal Rise, is reigniting the passion of the town known as London's 'unofficial reggae capital', and the place that was once the site of the original Mean Fiddler – a venue that attracted thousands of music fans to the area in '80s and '90s.
The town has had its bad times, but with recent regeneration and considerable efforts from Brent council and town-proud residents, Harlesden's reputation is going from strength to strength.
Homes and residents
The people are the heart of Harlesden, and it is the mixing of cultures that helps create the spirit of the area. The town has a strong Caribbean heritage, as well as a big Irish community, but it's easy to imagine that every nation is represented here, from Poland and Pakistan, to Sri Lanka and Somalia.
"Harlesden is a one-off," writes local journalist, Rose Rouse, who published a book about the area. "But it's also a mirror and a microcosm of what is going on in cities and towns all over Britain. It's everything that diversity creates. It's exciting, with an edge that is missing from, say, Suffolk or even Kensington and Chelsea… it is a place that shines with its own nitty-gritty light and spirit."
Like the people, properties in the area are diverse. Around Harlesden you'll see wooden-clad council properties, well-crafted social housing estates and several newbuild developments, but it's the Edwardian houses and Victorian terraces that dominate here. For the moment, Harlesden is offering better value than its more fashionable neighbours. For example, a one bedroom conversion in Harlesden is currently selling for around £310,000, while in nearby Queen's Park, similar will set you back almost £500,000.
Out and about
Away from the busy town centre, where you'll see the recently refurbished and locally iconic Jubilee clock, there's plenty of green to explore. First, head to Roundwood Park and climb to the top of the hill for great views of London. Children will enjoy watching the birds in the aviary, while the café is the perfect place to stop for lunch.
The Paddington arm of the Grand Union Canal runs between Harlesden and Stonebridge Park and offers some great walks and cycle rides. Pop into the canal-side Grand Junction Arms for a tipple and then set out along the canal path towards Greenford, where things will get decidedly more leafy.
In Harlesden itself, there's plenty to choose from in terms of food and entertainment. Visit O Tamariz on Manor Park Road for delicious, traditional Portugese fare. The family-run business is a favourite with locals and recently won two shop awards. For wonderful Brazilian food, and similar flavoured music, visit Gostosa on the high street. As well as its famous pizza, enjoy a taste of Brazil with traditional dishes such as feijjoida (pork stew) and bitoque (steak).
Come sundown, take your choice from local bars offering a variety of atmospheres. Pop into The Shawl on the high street, a vibrant Irish bar, with a diverse and welcoming clientele and an interesting, if slightly surreal, karaoke night. Next, visit Le Junction, a French-run bar with a penchant for live music, with bands and open-mic nights running throughout the week, as well as an impressive roast on Sundays.
The pub chain Antic has also opened a new pub, the Harlesden Picture Palace, in the centre of town and, with craft beer and retro furniture, has guaranteed hipster appeal.
For something more serene, the Neasden Temple is just a short walk away. This large and very beautiful Hindu temple serves as a local landmark and, until recently, stood as the largest Hindu temple outside of India. The Shri Swaminarayan Mandir is open daily and offers tours of the building and grounds.
Independent stores are king here and, though there are several big names, including plenty of bank branches, it's the hundreds of smaller shops that help to give the area of Harlesden its distinctive character.
Visit the Saturday market at Church End for fresh fruit and veg, or the many convenience shops selling more exotic variations. Fresh meat and fish are easy come by on the high street and the huge supermarket Way to Save is stacked high with European delights, fresh bread and 'scoop your own' gherkins.
To get your handle on the town's reggae connection, visit Hawkeye, a long-standing music shop and staple for music lovers looking to up their collections.
You've so much choice in the wider area, too: IKEA and a 24-hour super-sized Tesco lie within a mile on the north circular, while Brent Cross and Westfield shopping centres are just a few miles and a bus or tube journey away.
Harlesden is served by several tube and Overground stations, making it easy to get around the city. From Harlesden, Bakerloo services land you at Oxford Circus in just 23 minutes, while the Overground takes 21 minutes to Euston. From Willesden Junction in the town centre, trains run to Clapham, or north to Watford. Residents also have the choice of Neasden tube, on the Jubilee line, for easy access to nearby Wembley Stadium, or south to Canary Wharf in 30 minutes. Harlesden is served by a comprehensive bus network, running to all corners of the city and through the night. Getting around the local area is also easy on foot or by bike: Willesden, Queen's Park and Kensal Green are all within walking distance, while the canal offers the perfect, traffic-free, cycle route into central London.
Fact File
Average property price (March 2015) – £423,595
Property breakdown:* (London borough of Brent)
Detached – £757,645
Semi detached – £511,351
Terraced – £482,470
Flat – £342,403
*According to the Land Registry House Price Index, March 2015
Some Famous Residents
• Film-maker Louis Theroux
• Boxer Audley Harrison
• Footballer Paul Merson
• Reggae singer Dennis Brown
• Singer Sabrina Washington


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Sunday, June 25, 2006
Well after months of contemplating and weeks of writing this entry in my mind, I guess it's time to get it out there. Let's start with the basics of who I am and go from there. My name is Rachel, and I am a 30 something single woman living in a Western Canadian city. I live close to my parents, whom I'm very close too. I have one brother, younger, but at our age it no longer matters who is married, has one dog and lives about 7-8 hours away. Some of my favourite people in my life includes my only grandmother, my best friend Mel, my cousin Megan, and several other friends you'll probably meet as we go along. I work as an admin assistant for a publicly traded company that designs and manufactures electronic equipment. I report to the Vice-President of Manufacturing and my day consists of anything but answering the phones and typing. My preference is to play with large amounts of data in spreadsheets. I go to school as well, working on getting my Accounting designation. The exact route of how I get there is up in the air right now, but I'm still committed to pursuing it. My hobbies include cross stitching, reading, puttering on the computer, watching TV (too much of it for my own good), knitting and other crafts. Given a choice I would rather indulge in my hobbies than do anything else. Well, that's a start. Next up a manifesto of what this blog is. See you all then.
Posted by Raychill Canuck at 8:58 p.m.
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Prepare. Plan. Preserve.
Many partners are needed to protect and preserve the cultural collections and historic structures and sites that represent the heritage of Massachusetts. Collaborative planning and coordinated response can lessen the damaging effects of disasters and help speed recovery for the institutions that house these collections and the communities themselves. However, the partnerships essential to protecting our cultural heritage need to be in place before disaster strikes, and that is why COSTEP MA exists.
COSTEP MA (Coordinated Statewide Emergency Preparedness in Massachusetts) is a collaborative of representatives of cultural and historical institutions and agencies as well as first responder and emergency management professionals from federal, state, and municipal governments. The purpose of COSTEP MA is to build and foster a statewide emergency planning process that serves the cultural and emergency management communities and addresses disaster prevention, preparedness, response, recovery, and mitigation. The process will ensure an ongoing dialogue that promotes mutual understanding and coordination between these communities, both of which are committed to protecting our Commonwealth's cultural heritage.
Before, during, or after a disaster, COSTEP MA can help.


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Learn About the Section 8 Homeownership Program
Eligible Grand Rapids Housing Commission (GRHC) Section 8 program participants can apply their rental subsidy toward home mortgage payments!
Click Section 8 Homeownership Program Information to learn more!
Families that participate in Grand Rapids Housing Commission affordable-housing programs generally pay 30 percent of their income toward rent; so an increase in earned income typically results in a rent increase.
When a client enrolls in the GRHC's Family Self-Sufficiency (FSS) Program, we establish an escrow account for the family in which we deposit roughly the amount of the rent increase each month. Escrow can accrue for up to five years, and clients who successfully complete the FSS Program receive these funds. Many families use their FSS funds toward the purchase of a home.
More than 400 West Michigan families currently participate in the Grand Rapids Housing Commission's FSS Program. During 2018, the GRHC disbursed a total of $412,335 to 36 program graduates.
Click the links below to view recent issues of the Family Self-Sufficiency Program newsletter.


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Executive/Senior Interims
Finding a new role that plays to your strengths can be difficult, but finding a role that brings out the best in you can be even more challenging. At CTC we use our extensive experience of recruiting in life sciences to help our candidates do just that – a match to your hard skills and career ambitions.
As a long-standing preferred supplier to the world's leading pharmaceutical companies, as well as SME's and start-ups, we are constantly recruiting both permanent and contractor staff to take up key positions across the value chain.
Our relationships in the industry span nearly 20 years and with a focus on life sciences means we boast of a high rate of contract extensions as well as client-takeovers. We put this down to knowing the business, our contractors and our clients, and supporting them through the duration of the contract and beyond.
We stay with you throughout the contract lifecycle. We assist with work permits, accommodation, schools – and even your social life. (CTC runs regular social events throughout the year.) We oversee the administration of your contract in terms of payment, holidays, illness and all other relevant details. And while you are on contract with CTC, we can help you develop professionally – with specialist training courses and expert career support and advice.
Our salaries and conditions are competitive and governed by Swiss Law (OR).


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What better way to kickoff the New York Mets 30-year reunion weekend honoring the World Series championship winning team than with a cocktail hour at New York City's famed The 40/40 Club.
Darryl Strawberry, Doc Gooden, Mookie Wilson and Jesse Orosco mingled with Mets fans and shared stories as we celebrated 30 years since the Mets iconic run.
Arriving in style, the '86 #Mets are at @the4040club thanks to @Lexus! pic.twitter.com/qRIpnpHpLF— Steiner Sports (@steinersports) May 27, 2016
#Mets fan? Favorite @MookieWilsonNY1 memory...go! #LGM pic.twitter.com/DbfYn5EIeP— Steiner Sports (@steinersports) May 27, 2016
Our friends at @greenstsolar joined us at last night's '86 #Mets event at @the4040club » https://t.co/x1cBdajN63 pic.twitter.com/afxxZxgqUc— Steiner Sports (@steinersports) May 27, 2016


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La Petit Maison: A pre-opening preview.
-Hisham Wyne for Bespoke International
La Petite Maison combines the elegance of French cuisine with a soupcon of Italian fare.
The result is a menu that is as proficient in pasta and meat as it is in light Mediterranean titbits. Seafood is a common occurrence, but so are heartier dishes that would not be out of place in Liguria, Italy.
The décor is enticing sans rebelliousness – off-white walls pay neutral homage to abstract street art; some by known names and others anonymous. Low spotlights punctuate the ceiling while the marble tiled floor exudes space.
A focal point is the bar, adorned with bottles of oversized champagne, serving an inventive mix of esoteric cocktails and regular drinks. The French martini, for instance, is a particularly interesting twist on an old staple.
Food at the Maison is meant to be a communal affair, and is designed for sharing. All dishes are brought the centre of the table, even if they're designed to feed but one.
The idea is to sample not just your fare, but also that of your companions. The Maison deals in cuisine as well as bonhomie.
The ingredients are fresh to the point of obsession. La Petite Maison doesn't believe in storage and reuse: all that is designated for a day must be consumed within of it. Old produce is considered beta noir, and treated accordingly by being unceremoniously shown the dumpster.
La Petite Maison has only recently opened in Dubai, but attendance could not be faulted. Even on a weeknight, most tables were occupied by gregarious gaggles. Apparently, the eatery's reputation precedes it. With branches in Nice and London already well known by jet setters, the Maison's Dubai version had an established well-heeled international clientele anxiously waiting for it to commence operations.
The food is exceptional, and the service highly attentive. The waiting staff members exude genuine enthusiasm without being overtly fawning, and are mostly knowledgeable in their craft. The sole question is whether they will manage to sustain their joie de verve once months have passed.


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PRO-TRUMP RANTS! Kanye West's 'Ye' becomes number one on Billboard chart
Kanye West's new album "Ye" has become the number one song on the Billboard chart following the singer's pro-President Trump rants, Foxnews reports.
West's latest chart-topper marks his eighth No. 1 album. He now ties with Eminem for the second-most No. 1 albums among hip-hop artists.
West is only behind Jay-Z, who's had 14 No. 1 albums, while The Beatles has 19 No. 1 albums overall, according to Billboard.
West was criticised by some for his support of Trump and conservative commentator Candace Owens. He praised Trump in tweets saying that they shared "dragon energy."
He also sparked controversy in May when he told TMZ that he believed slavery was "a choice."
He said,
"When you hear about slavery for 400 years. For 400 years?! That sounds like a choice. Like, you were there for 400 years and it's all of you all? Like, we're mentally in prison. Like, slavery goes too direct to the idea of blacks," he said. "So prison is something that unites us as one race, blacks and whites being one race. We're the human race."
The comments prompted artists and fans to say they were going to boycott the album.
However, this time, the numbers don't lie. The silent majority appears to have been interested in what 'Ye' was all about.
The "Yikes" rapper had the seventh-largest streaming debut week with 120,000 streams, according to Billboard.


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Fixture: Northampton Saints v Worcester Warriors (Aviva Premiership - round 16)
Date and kick-off time: Saturday, February 25, 2017 (3pm)
Venue: Franklin's Gardens, Northampton
Saints: Tuala; K Pisi, Tuitavake, Mallinder, Foden (c); Myler, Groom; A Waller, Haywood, Brookes; Paterson, Day; Gibson, Clark, Harrison. Replacements: Clare, E Waller, Hill, Ratuniyarawa, Dickinson, Dickson, Wilson, Estelles.
Worcester Warriors: Adams; Heem, Olivier, Willison, Humphreys; Mills, Hougaard; Bower, Annett, Schonert; O'Callaghan (c), Spencer; Dowson, Lewis, Poitgieter. Replacements: Bregvadze, Leleimalefaga, Alo, Cavubati, Mama, Baldwin, Lamb, Pennell.
Outs: Saints: JJ Hanrahan (hand), George Pisi (shoulder), Jamie Elliott (shoulder), Luther Burrell (ankle), Dylan Hartley, Courtney Lawes, Tom Wood, Louis Picamoles, George North (international duty)
Referee: Craig Maxwell-Keys
Most recent meeting: Friday, November 18, 2016: Worcester Warriors 17 Saints 18 (Aviva Premiership)
Tom's preview: This weekend's clash with Worcester Warriors is about more than just points.
It's about pride, too.
Those wearing the club's white away shirt last Sunday knew they had not done justice to the badge on it.
The combined reaction as the team trudged out of Kingston Park was one of shock.
Shock that they had let the game slip away from them so badly.
Shock that they had conceded seven tries to a team that started the day below them in the Aviva Premiership standings.
And shock at the fact they fell to eighth in the table with just seven games to go.
Make no mistake, the players were feeling the pain.
And after what is likely to have been a tough week of training, they will be desperate to make amends against Worcester.
And they have to.
With their final three away games so tough - they come at Sale, where Saints do not have a good recent record, Wasps and Exeter Chiefs - Jim Mallinder's men have to win their home matches.
To be fair, they have been doing just that since losing to Leinster in December.
Sale Sharks, Bristol, Castres and Scarlets have all been beaten at the Gardens since that Champions Cup defeat.
And how Saints need to extend that four-match winning run on home turf for the remainder of the campaign.
They are now two points off the top six ahead of Harlequins' meeting with Leicester Tigers tonight, and finishing outside of the Champions Cup places would be criminal with the squad Saints possess.
With or without their key internationals, Saints have plenty of talent.
And they have to show their home fans that this weekend because another defeat is unthinkable.
Tom's prediction: Saints 27 Worcester 18


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Virtualization, according to the documentation for WPF's built-in VirtualizingStackPanel, refers to a technique by which a subset of user interface (UI) elements are generated from a larger number of data items based on which items are visible on-screen. This is a great feature since WPF cannot show more than about 2,000 visuals on the screen before it starts slowing down. Unfortunately, this feature is only implemented in VirtualizingStackPanel, so there is no virtualization on the other types of Panels such as WrapPanel, Grid, or Canvas. If you want virtualization on those Panels, you're going to have to do it yourself.
There are basically two approaches you can take to do this: you can bypass Panel completely and manually create and add Visuals to the visual tree, or you can try to be a good WPF citizen and make use of the VirtualizingPanel and ItemContainerGenerator classes that it has given you. The first option is definitely easier and more straightforward, and it's the approach that Chris Lovett's Virtualized WPF Canvas uses, but it means you can't use ItemsControls (like ListBox) and you miss out on the corresponding ItemsSource and DataTemplate support that you normally get for free. The second option is what WPF recommends, but VirtualizingPanel provides basically no help, and ItemContainerGenerator is an absolute nightmare.
When implementing virtualization in Code Canvas, I decided to take the second approach, mainly because I wanted to use ItemsControls and DataTemplates to define my UI in XAML. At first I just integrated the horrendous calls to ItemContainerGenerator directly in my MeasureOverride and ArrangeOverride methods, but the plague of GeneratorPosition and GeneratorDirection and PrepareItemContainer quickly spread and overwhelmed my relevant code, which was just meant to be arranging things on the canvas. So I scraped up all of the non-canvas-specific ItemContainerGenerator crud and quarantined it in a class called VirtualPanel, then I gave it a sane API that actually made some sense.
The basic notion of VirtualPanel is that "realization" should be a first class concept in WPF, just like the "measure", "arrange", and "render" passes are today. Just like custom FrameworkElements are expected to define the behavior of the MeasureOverride and ArrangeOverride methods, custom Panels should be able to define the behavior of a RealizeOverride method. And just like MeasureOverride and ArrangeOverride are called at the "right times" after a call to InvalidateMeasure or InvalidateArrange, the RealizeOverride method should be called at the right time after a call to InvalidateReality. Ok, so the names are a little silly, but hopefully you get the point. It should just be a "plug in your code here" approach.
You might have thought that VirtualizingPanel would have provided this, but unfortunately VirtualizingPanel actually removes more functionality than it provides. If you look at its implementation in .NET Reflector, you'll see that all it does is suppress the default functionality of Panel. This is necessary because by default the Panel will immediately create elements for all of its items, and in fact VirtualPanel derives from VirtualizingPanel for exactly this reason. If there was a way to shadow a class name (i.e. just name my class VirtualizingPanel and have it override WPF's version) then I would have done that. Unfortunately that's not possible, and I can't think of a better name, so we're stuck with the confusion of having both VirtualPanel and VirtualizingPanel. Maybe if you give the WPF team enough feedback then they'll just merge the two into one for the next version of the framework.
Hopefully the usage of VirtualPanel is pretty self-explanatory: you just derive from the class and override RealizeOverride, calling the RealizeItem and VirtualizeItem methods as appropriate. RealizeOverride will be called automatically every time the ItemsSource changes, but you can also manually call InvalidateReality (which is pretty much instantaneous) if something special changes that requires the realization pass to start again. There's an OnItemsChanged virtual method for your convenience that is called whenever the ItemsSource collection changes, which can be useful if you are maintaining your own internal data structures that need to be updated based on the items in the collection.
For advanced usage, you may notice that RealizeOverride can return an object. When the returned value is not null, RealizeOverride will be called again (at the time specified by the RealizationPriority property), giving it back to you as the argument to the state parameter. This is specifically because realizing items is not instantaneous, and if there are a large amount of items to be realized then you can provide a better user experience by doing the realization in small batches. Each time you return an object from RealizeOverride, the object is stored and the Dispatcher is queued up to call RealizeOverride again at the priority specified by RealizationPriority. After the Dispatcher processes the other events that have equal or higher priority, it will call your RealizeOverride again with the state object so you can continue where you left off. By default the RealizationPriority is DispatcherPriority.Normal, meaning the Dispatcher will only process other events with priority of Normal or Send, but you (or your user) can set RealizationPriority to DispatcherPriority.Input or lower in order to have mouse and keyboard events processed in between calls to your RealizeOverride method as well.
I've attached the VirtualPanel source code to this post in the hopes of saving you from countless hours of pain caused by the dreaded ItemContainerGenerator. Enjoy!


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Whist with a friend and his children we found good time to sit and create. Watching them and inspired by their creative energy I loosened my grip; these lines came out. I felt the life of doodling and thought, "how could this be work...maybe this is the true work, these doodles are so free"
The liberated and pure mind of a child, acts as an opiate for the artist. His mind no longer in the word-box of an external world but in a cavern of dreams with memories of playing.
This work resists an agenda or even an answer, it is a mini homage to the child within.


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Our Promise
At Quinn's Funeral Homes we aim to deliver a personal and caring service providing both traditional and contemporary funerals for all denominations. We take responsibility for ensuring that every aspect of the funeral is organised and carried out in keeping with both religious and personal preferences. Our ethos ensures discretion in respect of every detail and request, providing for the wishes of the deceased and bereaved.
Quinn's Funeral Homes Ltd,
Bridge Street,
Co. Louth


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Yesterday, The Bowser Report issued a daily mover alert on DLH Holdings Corp. (DLHC), which gained more than eight percent for the day.
DLHC popped on news of an acquisition today. There was heavy accumulation that pushed it up to a 52-week high on high relative volume. Here are some details on the acquisition from the press release:
- Highly Strategic Combination Creates Unique Provider of Technology-Enabled Solutions to the Federal Government
- Financially Transformative and Expected to be Immediately Accretive to Earnings and Cash Flow
- Pro Forma for the Acquisition, Calendar Year 2015 Revenue and Adjusted EBITDA of Over $100 Million and $10 Million, Respectively, and Total Backlog in Excess of $300 Million
- Purchase Price of $38.75 Million: $36.25 Million Cash, $2.5 Million Restricted Stock
Although the stock didn't gain 10% for the day, we still felt the need to send this out to Bowser subscribers as it is still of importance.
DLHC currently has a Bowser Rating of 10, which has not changed recently. The company does not get a point for book value when it comes to the Bowser Rating System, but it's effort to expand is noteworthy and should drive the stock price higher. Although this offsets it's market to book ratio, it still provides incentive for new investors. The stock is out of our ideal sub-$3 buy zone, but has more upside now that it is hitting new 52-week highs with accumulation. Resistance levels from a technical standpoint are currently at $4.30 and $4.49 so keep a close eye out for it to hold above those price points.
To learn more about The Bowser Report, visit https://thebowserreport.com


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San Antonio in Texas may exclusively be chosen as a quintessential weekend destination for uninterrupted merrymaking, since it can be extensively explored without worries of any undue strain on stingy wallets. Its myriad locations, brimming with scenery and culture, are a pleasant treat to money conscious adults, vying for striking thrills but at a limited expense. Dip in any of these places to satiate your ever long wish of becoming a carefree wanderer.
1. Avail Free Field Trips For Your Kid to the San Antonio Missions National Historic Park
In the early 1700's, one of the chief objectives behind setting up missions lays in encouraging natives to become Catholics. Amidst the 5 Spanish missions housed in this park today, 4, namely San Jose, San Juan, Concepcion, and Espada still serve as active Catholic parishes, while the 5th one, Alamo, also known as the Mision San Antonio de Valero, operates as a museum. Enrol your kid in any field day trip to this UNESCO World Heritage site for a free educational session as well as for relishing amidst a spellbinding natural ambiance.
How to Get Here
2. Luxuriate at River Walk
For a leisurely evening with your family members or someone special, you may conveniently pick this location, also known as Paseo del Rio. Take a brisk walk under the soft glow of the moon or love having a sumptuous dinner amidst the somnolent sounds of a bubbling waterfall. For alluring discounts and offers, avail the numerous coupons offered like the "Rio Rio Cantina", or the "Naked Iguana". For energetic couples, there's also a chance to peep into the various night spots if they are in a mood of swaying up a bit with live music.
How to Get Here
3. Take a Sip at Pearl Brewery
After a contended tour of the city's varied stunning zones, you may like getting a little tipsy in this domain of the famous "Pabst" beer. Established way back in 1883, this indoor zone is bound to entertain your multiple cravings of shopping, eating, etc. for having been transformed from a brewery to a multi use space. Turn up on a Saturday or Sunday if you want to get enlightened by free cooking demonstrations of the Farmer's Market that is hosted by the Brewery.
How to Get Here
4. Watch Summer Movies at Travis Park and Santikos Cinema
Simply baffled about how to engage your kids during the hot months of March or July? There are various options of seeing free movies available around the city. Hop in at Travis Park any Tuesday evening before 7.30 pm if you aim at getting high on both its pre show entertainment along with catching a free movie that starts around 8.30 pm. And if you happen to save time on Wednesdays, seeing a free movie at Santikos Cinema at 10:00 am ought to serve your purpose admirably. Don't waste time in pondering!
5. Go for Christmas Events for Free at Downtown New Braunfels
To immerse into the spirit of Christmas, head to New Braunfels to engage in its Holiday Lighting Ceremony and Santa's Arrival. Hosted by the New Braunfels Parks and Recreation Department along with the Downtown Association, it's a fun event that would allow you to capture snaps with Santa beside savoring different treats. Revive yourself in December!
How to Get Here
6. Bob up at Free Concerts on the Tower Plaza at Downtown San Antonio this Weekend
Zoom into this Tower of the Americas Plaza any Friday night from 7:00 pm to 11:00 pm to freak out on live music or cherish an array of tempting savories. Be sure that you'd wish the night to never end.
How to Get Here
7. Look Out for Free Fun Fiesta Events at Port San Antonio and Alamo Plaza
Annual family friendly events by Fiesta de Los Niños is sure to jazz your little one up with its carnival rides, games, and other attractions that are absolutely for free. Make sure of visiting it in April on any Saturday from 10:00 am to 6:00 pm. And, if you have a soft corner for music, turn up at the live music session of Pin Pandemonium in front of the Alamo on any Thursday in April from 5:00 pm onwards.
8. Visit the San Antonio Zoo
Spanning over 56 acres and housing nearly 750 species of animals, this zoo is an enviable terminus for many traveling groups with family. Don't miss utilizing their $1 military discount off admission tickets if any you or any of your companions manage to have the official military identification card.
How to Get Here
9. Splash into Free Outdoor Pools
Amidst the 23 pools of San Antonio, all outdoor ones are free and open from June 10 to August 13. Pop up on any day from Tuesday to Saturday from 1:00 pm to 7:00 pm at any one like Fairchild, Kennedy or San Pedro for escaping from soaring temperatures.
10. Attend a Free Summer Camp at San Antonio Museum of Art
This one is specifically for those who have a hard time juggling babies aged 0 to 18 months. Drop in on every second Thursday of the month with your infant in a stroller for a pleasant tour of its galleries. Then have your darling cheer out in ecstasy as he is made to get engrossed in playtime, totally free of cost.
How to Get Here
Apart from these, there are other charms such as opting for a San Antonio Shoe Factory tour, organized every Monday to Thursday or moving along the corridors of McNay Art Museum that are inexpensive and consequently affordable. You may also make your toddler relish a bowl of free salad or tacos at Chipotle Restaurant on any Sunday in September or take delight in seeing the free video art installation on Tuesdays, Fridays, and Saturdays at San Fernando Cathedral in November. Hence, dispelling all financial worries, come and rejoice at any of these places in San Antonio. Free opportunities should seldom be missed.


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Frankly, Christmas cards are my favorite kind to make. I can always find motivation to create with my Christmas stamps & papers.
I used Believe from the Stamp-It Australia Twinkle range for this one. It's a little vintage-y and a little CAS. I colored here and there with my Next Generation Spectrum Noir Markers. I love this vintage Santa image, there are so many ways to go with him.
I added some Ranger Distress Glitter in antique linen in a couple areas as well.
Hope you all (you both) are having a great start to 2014.


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Wyevale Garden Centre's Heighley Gate will be inviting children to get crafty during October half-term with a series of spook-tacular events.
Your 'Little Monsters' will be offered the chance to create a spooky spider, carve their own pumpkin and decorate a terracotta pot to plant a haunted heather.
See www.wyevalegardencentres.co.uk/little-monsters to book.


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Table of Contents
What are the different types of dependency injections? FAQ
There are three types of dependency injections.
- Constructor Injection (e.g. Pico container, Spring etc): Injection is done through constructors.
- Setter Injection (e.g. Spring): Injection is done through setter methods.
- Interface Injection (e.g. Avalon): Injection is done through an interface.
//lookup "car" in your caller where "carDao" is dependency injected using the setter method. CarBO bo = (CarBO)ctx.getBean("car"); //Spring creates an instance of the CarBO object with an instance of CarDAO object and //then invokes the setter method setDao(CarDAO carDao) on CarBO. or Spring creates //an instance of the CarBO object with an instance of CarDAO object as the constructor arg.
Unlike EJB, Spring does not have a default support for distributed transactions (i.e. XA transactions - ) but can plug-in a JTA transaction manager.


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Surviving Dysfunctional Families TI 055 – Thematic By survivors deficient in their sense of trust, a critical component of healthy development. growing up in a dysfunctional family experiences more negative than positive
Adult Children of People With Alcoholism: Healing the survival depends upon learning and following these rules. As adults, they often fail to recognize that these rules are unnecessary and unhealthy outside of the family with alcoholism. They don't trust other people, since they learned
Spect, trust, and honesty;however, you don't have to agree on every detail • trust your feelings, instincts, and gut reactions; share them with law enforcement so they can be Child Is Missing: A Family Survival Guide. National Center for Missing &
SAMPLE INTER-VIVOS QTIP TRUST 1 SURVIVAL AND ANTI-LAPSE ARTICLE 10 MY FAMILY 10.1 Spouse 10.2 Children . 5 «SETTLORFULLNAME» IRREVOCABLE TRUST Name of Trust : The «SettlorFullName» Irrevocable Trust, dated «DateofExecution»
The first scene of a film is an integral part of its storytelling. It establishes the tone, the setting or sometimes introduces the central characters. It gives the viewers motivation to keep watching. We all know that a bad ending can ruin a movie, but what about the openings?
OF WRONGFUL DEATH AND SURVIVAL CLAIMS Pursuant to Entry filed , the proceeds have been paid as shown below and on the accompanying vouchers. Gross proceeds $ Funeral and burial expenses $ Fiduciary fees to
3 III.THE USES OF THE REVOCABLE TRUST As explained in II.D., supra., revocable trusts are not needed for basic transfer tax planning since the settlor is
THE OFTEN MISUNDERSTOOD AND MISREPRESENTED PENNSYLVANIA PROBATE PROCESS Written by Jan L. Brown, Trust administration is very similar to probate with informally through a family settlement agreement if all parties are in agreement. If
Marital Deduction Trust, Page 2 Life Estate with Power of Appointment Marital deduction trusts ("A" trusts) often utilize this exception to the terminable interest rule.
New Family Survival Guide Welcome to the Bishop Watterson family! This guide, a compilation of topics suggested by current BWHS parents, is intended to be friendly
The MassMutual FamilyPreneurship SM Study The greatest threat to the long-term survival and success of any family business has less to do with Trust is the foundation on which any business relationship is built.
Life Insurance Change of Beneficiary . A Trust created and funded by the Insured's Will which only becomes active upon the death • The Company may rely on an affidavit of the Owner or other adult in determining family relationships and in
And the Family Trust contain ascertainable standards and no detrimental powers of appointment with regard to a beneficiary-trustee, and SURVIVAL AND ANTI-LAPSE 7.1 Survival of Beneficiary 7.2 Negation of Anti-Lapse Statute . Title: Microsoft Word – BK36-Appendix-1.rtf
The chance of Jon's survival without surgery was not good. With surgery, the outlook was somewhat more optimistic. management of the family portfolio. The trust arrangement remains in place. Jon and Barbara find leaving the detail
Families and Addictions: Interventions . With . Claudia Black Ph.D. NASW – WV Chapter . April 2010 . claudiablack.com . bring greater consistency, structure and safety into a family system that is becoming unpredictable, chaotic or frightening.
Spect, trust, and honesty; however, you don't have to agree on every detail • trust your feelings, instincts, and gut reactions; When Your Child Is Missing: A Family Survival Guide was written as a labor of love and a
The first scene of a film is an integral part of its storytelling. It establishes the tone, the setting or sometimes introduces the central characters. It gives the viewers motivation to keep watching. We all know that a bad ending can ruin a movie, but what about the openings?
PHILADELPHIA, July 26, 2016 /PRNewswire-USNewswire/ — The Democratic National Convention Committee (DNCC) released a selection of excerpts from the prepared remarks of speakers who will address the Democratic National Convention tonight in Philadelphia. The second day of the
WASHINGTON – On Feb. 22, 1999, the country's attention was riveted on the U.S. Capitol. For only the second time in U.S. history, the Senate was set to vote on whether to remove an impeached president from office.But in the private residence on the second floor of the White House, the topic at hand was someone else's political career.First lady Hillary Clinton had summoned longtime adviser
Like the most enjoyable horror movies, Lights Out is almost a physical experience, carrying viewers from stress and terror to even some tension-breaking hilarity. Most of the ride in this new James Wan production is due to the ingenious mechanics of the movieâs monster, a demonic woman B-


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Cruise ship DISCOVERY departing from Lisbon on 18 September 2014. She is going to do her final cruise soon and afterwards she is bound for scrap after a career spanning along 42 years and several names.
Texto e imagens /Text and images copyright L.M.Correia. Favor não piratear. Respeite o meu trabalho / No piracy, please. For other posts and images, check our archive at the right column of the main page. Click on the photos to see them enlarged. Thanks for your visit and comments. Luís Miguel Correia


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Talia Beckett-Davis, Chairwoman and President of Women in PR USA, joined Deirdre Breakenridge, CEO of Pure Performance Communications, at Nasdaq in New York City to discuss the expansion of The Organization of Women in PR into the U.S. and their dedication to advancing women in the field of public relations.
Four key takeaways from Talia's interview:
- Have an edge: Do for yourself what you do for your clients and exemplify personal worth by showcasing what makes you unique. Go into every interview and meeting with an angle and a firm commitment to stand behind your individual brand.
- Find a mentor, and then become one: For young women seeking to obtain leadership roles within the PR industry, having an experienced mentor can be an invaluable asset. Those seeking a path to promotion and success should look to mentors for guidance, and later return the favor by becoming supportive mentors themselves.
- Don't be blinded by the glitz and glam: Despite the excitement and flash that appears to surround PR, the industry is still strategic and logical at its core. Success in the field is determined by a strong understanding of media, refined communications skills, and the overall ability to effectively portray content. Explore educational resources and continuing education programs to build new skills and expand your knowledge base.
- Keep your facts straight: In an age dictated by the ebbs and flows of unpredictable media, fact-checking is becoming increasingly important. The role of PR today is to discover and promote the truth, subsequently creating messages that convey that truth. Be knowledgeable on the topic you are discussing and have supporting facts to back up your claims.
Join Women in PR as a member online here: http://womeninpr.com/join-us/


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United States 28 March 2002 Federal District Court [Illinois] (Usinor Industeel v. Leeco Steel Products)
[Cite as: http://cisgw3.law.pace.edu/cases/020328u1.html]
CASE HISTORY: Unavailable
SELLER'S COUNTRY: France (plaintiff)
BUYER'S COUNTRY: United States (defendant)
GOODS INVOLVED: Steel plate
UNITED STATES: Federal District Court for Northern District of Illinois, 27 March 2002
(Usinor Industeel v. Leeco Steel Products, Inc.)
Case law on UNCITRAL texts (CLOUT) abstract no. 613
Reproduced with permission of UNCITRAL
The issues before the court were (1) whether the seller was entitled to recover possession from the buyer of steel sold to the buyer but for which the buyer had not paid, and, if not, (2) whether the seller could avoid the contract under the Convention.
The seller, a French company with its place of business in France, sold steel plate to the buyer, an Illinois corporation with places of business in the United States. The parties' contract provided that the seller retained title to the steel until the buyer paid the purchase price. The buyer took delivery of the steel but did not make full payment. The seller sued the buyer to recover possession of the steel that had not been sold by the buyer. The legal proceedings revealed that the buyer had granted a security interest in the steel to a bank that took due steps to publicize its interest.
The court found that the Convention governed the rights and obligations of the seller and buyer according to CISG article 1 (1)(a). However, the court stated that the rights of third parties in the goods, whether arising before or after the sale, are excluded from the coverage of the Convention (CISG article 4 (b)). Given the third party bank's rights in the steel, the court concluded that the seller was not entitled to recover possession of the steel or to avoid the contract. (The court also applied domestic United States law to determine the legal effect of the retention of title clause and the relative priority of the interests of the seller and the bank.)Go to Case Table of Contents
English: Turner, 17 New York International Law Review (Winter 2004) 103-109
APPLICATION OF CISG: Yes [Article 1(1)(a)]
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
4B1 ; 4B2 [Scope of Convention (issues excluded): validity under domestic law (validity of retention of title clause); Effect of contract on property];
7B1 ; 7C231 [Interpretation of Convention (materials for interpretation): international case law ("courts should consider the decisions issued by foreign courts on the CISG") and scholarly studies; Gap-filling (gap-filling by domestic law): recourse to domestic law selected by Private International Law];
81C3 [Effect of avoidance on obligations (avoidance for non-payment: right to return of goods): right not available where third-party rights intervene and domestic law does not allow]
4B1 ; 4B2 [Scope of Convention (issues excluded): validity under domestic law (validity of retention of title clause); Effect of contract on property];
7B1 ; 7C231 [Interpretation of Convention (materials for interpretation): international case law ("courts should consider the decisions issued by foreign courts on the CISG") and scholarly studies; Gap-filling (gap-filling by domestic law): recourse to domestic law selected by Private International Law];
81C3 [Effect of avoidance on obligations (avoidance for non-payment: right to return of goods): right not available where third-party rights intervene and domestic law does not allow]
Excerpt from Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at 431-432
"The issue of gaps presents special problems for the interpreter. A true gap is an issue not contemplated by the drafters. This was the case in Usinor Industeel v. Leeco Steel Products, Inc. in which a U.S. District Court was confronted with a case of first impression. The case involved a French seller and an American buyer. The American buyer secured a loan and provided the American bank with a security interest in the goods. The issue was whether a claim of a third party could preclude CISG jurisdiction. The CISG provides for jurisdiction when two parties to a contract are from different signatory countries. It does not deal directly with the issue of whether that jurisdiction is affected when a third party with a security interest in the goods enters the litigation. The American court cited an Australian case on the validity of retention of title clauses. In doing so it correctly recognized that 'commentators on the CISG have noted that courts should consider the decisions issued by foreign courts on the CISG.' The case hinged upon the court's interpretation of Article 4(b) of the CISG which states that the CISG does not cover 'the effect which the contract may have on property in the goods sold.' The Buyer argued that Article 4(b) implies that security interests of third parties are covered under domestic law. The Seller argued that the Article 4(b) exclusion pertains only to property interests occurring prior to the sale. The court cited scholarly commentary in rejecting the Seller's argument. Thus, the Seller could not obtain avoidance of the contract and retake possession of the goods because the bank had a perfected security interest under domestic law." [citations omitted]Go to Case Table of Contents
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=746&step=Abstract>
Original language (English): Text presented below; see also 209 F.Supp. 2d 880; 47 UCC Rep. Serv. 2d 887; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=746&step=FullText>
Translation: Unavailable
English: Walt, 35 Uniform Commercial Code Law Journal (2002) 48-57 [commenting on property issues]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 4 paras. 3, 18, 22b Art. 7 para. 14; Keith A. Rowley, "The Convention on the International Sale of Goods", in: Hunter ed., Modern Law of Contracts, Thomson/West (03/2007) § 23:8Go to Case Table of Contents
Usinor Industeel, a foreign corporation Plaintiff,
Leeco Steel Products, Inc., an Illinois corporation Defendant
No. 02 C 0540
March 28, 2002
Lindberg, Senior District J.
Before the Court is Usinor Industeel's ("Usinor") Motion for Replevin. Usinor seeks to exercise its replevin right under 735 ILCS 5/19-101 et seq. to recover possession of the eighteen unpaid shipments of Creusabro 8000 steel (the "Steel Shipments"), valued in excess of one million dollars, that Usinor sold and delivered to Leeco Steel Products, Inc. ("Leeco").
[For purposes of this presentation, Plaintiff Usinor Industeel is hereafter referred to as [seller] rather than ("Usinor") and Defendant Leeco Steel Products, Inc. is referred to as [buyer] rather than ("Leeco").]
If [seller] is unable to replevin the steel, it seeks its right to avoid the contract under the Convention on Contracts for the International Sale of Goods (the "CISG"). For the reasons described below, the Court denies [seller]'s motion for replevin and its motion to avoid the contract under the CISG.
A. Facts
On January 25, the Court entered a restraining order without prejudice as to any of the parties' legal positions. On February 20, the Court granted LaSalle National Bank's ("LaSalle") unopposed right to intervene, and granted injunctive relief preserving the Steel Shipments until the Court could rule on [seller]'s replevin motion.
[Seller] is a corporation incorporated under the laws of France with its principal place of business in France. [Seller] and its parents and sister companies constitute a global leader in steel production, and produce, process and distribute stainless and flat carbon steels serving customers in the automotive, mining, construction, packaging and household appliance industries. One of [seller]'s specialty steels is a brand of steel plate, Creusabro 8000, which is an advanced homogeneous, lightweight, anti-abrasive steel plate for applications involving extreme wear and tear.
[Buyer] is a corporation incorporated under the laws of the State of Illinois with its principal place of business in Illinois. [Buyer] has operations in Chicago, St. Louis, Pittsburgh, Wisconsin, South Carolina and Tennessee. [Buyer] is an independent steel center, specializing, securing, processing and delivering sheet and plate grades of steel.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332, in that this dispute is between a citizen of a foreign state and a citizen of the United States and the amount in controversy exceeds $75,000.
In early February 2000, [buyer] began placing orders with [seller] for the purchase and shipment of certain tonnage of Creusabro 8000. [Buyer] ordered the steel in order to participate in a proposed new project of Caterpillar relating to large mining vehicles. [Buyer] intended to sell the steel it had ordered from [seller] to either Caterpillar or Caterpillar suppliers. Caterpillar and its supplier facilities are located in, among other places, Wyoming, Mexico and Peru. Caterpillar and its suppliers intended to fabricate the steel into ultra light truck beds for use at mining facilities throughout the world.
Under Paragraph 7 of the sales agreement between [seller] and [buyer] for the Steel Shipments (the "Agreement") [seller] "remain[s] the owner of the goods up to the complete and total payment of all sums due." Also, pursuant to the terms of the Agreement, [buyer] was obligated to pay [seller] within 60 days following receipt of the steel. In addition, [buyer] agreed that any dispute regarding the Steel Shipments would be resolved in the French court system.
[Seller] states that [buyer]'s early enthusiasm for the Caterpillar project resulted in extraordinary demands on [seller] to deliver substantial quantities of Creusabro 8000 steel plate. Therefore, beginning in December 2000 and continuing until April 20, 2001, [seller] produced and exported multiple shipments of the steel, valued at $1,188,817.30, from France to [buyer]'s designated locations in accordance with [buyer]'s delivery schedule.
At some time in the year 2000, Caterpillar notified its own suppliers, as well as [buyer] and [seller], that it was halting or considering halting, the fabrication of truck beds in the mining vehicle program. [Buyer] now has possession of Creusabro 8000 steel that [buyer] was unable to sell to Caterpillar, although [seller] asserts it has many alternate uses. [Buyer] took delivery of the Steel Shipments, and [seller] asserts on information and belief, has used portions of the Steel Shipments in its operations and/or sold portions to others. [Buyer] has made a partial payment on the total value of only one of the Steel Shipments for the portions that it has used in its operations or sold to others. [Buyer] has not made a complete and total payment for the Steel Shipments, and has not returned the Steel Shipments, after demand by [seller] to do so. Currently, [buyer] still owes [seller] at least $988,817.36 of the total value of the Steel Shipments. [Seller] asserts on information and belief that the value of the remaining steel from the Steel Shipment in the possession of [buyer] is worth substantially less than the amount of money that [buyer] owes [seller]. Instead of making complete and total payment for the Steel Shipments, [seller] asserts that [buyer] has instead sought to use its control over the improved steel to force [seller] to provide [buyer] a refund on the steel it had purchased, but not used.
[Buyer] purchased the Steel Shipment using a line of credit (the "Loan") from LaSalle Bank. [Seller] asserts that [buyer] is in default on the Loan and has been urged by LaSalle Bank to sell the Steel Shipments to pay off any remaining debt owed by [buyer] to that lender under the Loan. [Seller] asserts on information and belief that [buyer] may be facing insolvency through its default on the Loan and would not be able to pay any damages that [seller] might recover from [buyer] for breach of the sales agreement.
B. Parties' positions
[Seller] argues that the CISG preempts state law, specifically, the UCC, and that LaSalle's rights to the Steel Shipments stemming from Article 2 are preempted by CISG. Looking at Article 4(b) of the CISG, [Seller] argues that the State Department position is that the CISG would not preempt law governing property interests in the Steel Shipments arising prior to [seller]'s sale of the steel to [buyer]. [Seller] argues that LaSalle had no interest in the Steel before it was sold, and that LaSalle's interest entirely arises out of the existence of the sales contract between [buyer] and [seller], and that contract is governed by CISG. Therefore, [seller] argues, LaSalle's rights are also governed by the CISG.
[Buyer] argues that the UCC, not the CISG, governs the transaction, and that replevin is not a cause of action allowed to the seller under the UCC, only reclamation within 10 days, and that those 10 days have passed. [Buyer] asserts that [seller] has only a reservation of a security interest, per Section 2-401(a) of the UCC. [Buyer] states that [seller] never perfected a purchase money security interest in the steel sold to [buyer], and that therefore, its rights are subordinate to those of LaSalle, which has a perfected security interest. [Buyer] argues that the CISG does not govern because "it has no application to disputes concerning the goods themselves which are sold in international trade, but governs instead only the obligations of buyers and sellers." [Buyer] argues that since this case involves the rights of two secured parties, LaSalle as a perfected secured creditor and [seller] as an unperfected secured creditor, Article 9 of the UCC governs the relative rights of LaSalle and [seller] in the steel. [Buyer] states that [seller] has no right to replevin because, since it lacks a perfected security interest in the steel, it has no title or right to immediate possession of the steel, and moreover, the UCC does not list replevin as a remedy available to a seller.
Similarly, LaSalle argues that given that there is no evidence that [seller] perfected its security interest in the steel, LaSalle's demonstrated prior security interest remains superior. LaSalle argues that since [seller] has not demonstrated a probability of ultimately prevailing on the underlying claim of possession, it therefore is not entitled to relief under the Illinois Replevin Act.
The conflict that the Court must face in its determination is one between maintaining the purpose of the CISG and the purpose of the UCC. As [seller] correctly argues, Article 7 of the CISG states
"[i]n the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade."
[Seller] argues that applying Article 2 of the UCC would increase the burden on parties to examine local sales law, which would not promote the purposes of the CISG. Application of the UCC, on the other hand, requires parties to bear the burden of inspecting the local law of wherever the goods involved in the contract might be shipped.
However, the effectiveness of the UCC also depends on courts' uniformity of application, of the ability of parties to be able to rely on the dependency of filed financing statements on record with the Secretary of State's Office.
To recover under replevin, [seller] must have the right to possession, or title, in the Steel Shipments. The issue of first impression facing the Court is whether the CISG applies to a transaction between a buyer and seller when a third party has an interest in the goods. The Court needs to determine whether or not when a third party is involved, if local law, the UCC, preempts the interest given to the seller by the CISG.
A. The CISG governs the transaction between buyer and seller
The CISG was ratified by the United States on December 11, 1986, and became effective on January 1, 1988. See 15 U.S.C.A.App. at 332 (1998). The CISG was adopted for the purpose of establishing "substantive provisions of law to govern the formation of international sales contracts and the rights and obligations of the buyer and the seller." U.S. Ratification of 1980 United Nations Convention on Contracts for the International Sale of Goods: Official English Text, 15 U.S.C.A.App. at 52 (1997). The CISG applies "to contracts of sale of goods between parties whose places of business are in different States ... when the States are Contracting States." 15 U.S.C.A.App. Art 1[(1)](a). Here the buyer and seller are parties who place of business are France and the U.S., both signatories to the CISG.
U.S. federal caselaw interpreting and applying the CISG is scant. See Claudia v. Olivieri Footwear Ltd., 1998 WL 164824 (S.D.N.Y.) *4. As one court put it, "[d]espite the CISG's broad scope, surprisingly few cases have applied the Convention in the United States." See MCC Marble Ceramic Center, Inc. v. Ceramica Nuova d'Agostino, S.p.A., 144 F.3d 1384, 1389 (11th Cir.1998). While there are few cases in the U.S. dealing with the CISG, it is clear that the CISG governs the transaction between [seller] and [buyer] such that if LaSalle were not a party to this controversy, the resolution would be clear: under the Supremacy Clause of the United States Constitution, the Convention, would displace any contrary state sales law such as the UCC. See Sunil R. Harjani, The Convention on Contracts for the International Sale of Goods in United States Courts, 23 Hou. J. of Int'l L. 49, 53 (2000).
B. The CISG pre-empts the UCC when there is only a seller and buyer
Many commentators have written that when the CISG applies, it pre-empts domestic sales law that otherwise would govern the contract, such as Article 2 of the UCC. See, e.g., Richard E. Speidel, The Revision of UCC Article 2, Sales in Light of the United Nations Convention on Contracts for the International Sale of Goods, 16 Nw. J. Int'l L. & Bus. 165, 166 (1995) (stating that "[i]n the United States, [the CISG] is a self-executing treaty with the preemptive force of federal law."). See also Michael A. Tessitore, The U.N. Convention on International Sales and the Seller's Ineffective Right of Reclamation Under the U.S. Bankruptcy Code, 35 Willamette L.Rev. 367 (1999). At the time of contracting, the parties have the opportunity to opt-out, and decide that the UCC, or other domestic law, applies. Here, the parties did not opt out of the CISG in the Agreement.
While even the issue of whether the CISG pre-empts the UCC in determining which law applies to a contract between seller and buyer is one of first impression in this district, the Northern District of California recently concluded that "the CISG preempts state laws that address the formation of a contract of sale and the rights and obligations of the seller and buyer arising from such a contract." Asante Technologies, Inc. v. PMC-Sierra, Inc., 164 F.Supp.2d 1142 (N.D.Cal.2001). Moreover, the CISG is a treaty, and thus federal law, and under the Supremacy Clause, it pre-empts any inconsistent provisions of state law. Illinois is bound by the Supremacy Clause to the treaties of the United States. U.S. Const. art. VI, cl. 2 ("This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.") Thus, under general Illinois law, the CISG is applicable to contracts where the contracting parties are from different countries that have adopted the CISG.
However, the text of the CISG and analysis by commentators suggest that the CISG applies only to buyer and seller, not to third parties. Therefore, application of the CISG here requires a court to resolve an issue for first impression. To wit, the court must determine whether the CISG governs a controversy if a third party has a security interest in the goods.
i. Article 4 of the CISG
The key provision of the CISG which is at issue here is Article 4, which states that the CISG:
"governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with: (a) the validity of the contract or of any of its provisions or of any usage; (b) the effect which the contract may have on the property in the goods sold."
[Buyer]'s argument is that section (b) of Article 4 excludes the application of the CISG to the case at hand. [Seller]'s position is that Article 4(b) means that those property interests placed outside CISG's scope are property interests arising prior to sale, and that here, LaSalle does not have property interests in the Steel Shipments prior to the sale.
The State Department states of Article 4(b) that
"[w]hether the sale to the buyer cuts off outstanding property interests of third persons is not dealt with by the Convention. This specific provision illustrates the general rule of Article 4 that the Convention is concerned only with the 'rights and obligations of the seller and the buyer' arising from the sales contract."
[Seller] asserts that the State Department is referring only to property interests that exist at the time of sale. However, other commentators support a different reading, simply that the CISG does not govern the rights of third persons who are not parties to the contract. See Richard Speidel, The Revision of UCC Article 2, Sales in Light of the United Nations Convention on Contracts for the International Sale of Goods, 16 Nw. J. Int'l L. & Bus. 165, 173 (1995),
"[u]nless 'otherwise expressly provided,' CISG is not concerned with the 'effect which the contract may have on the property in the goods sold' or the rights of third persons who are not parties to the contract. In essence, CISG is limited to two-party commercial contracts for sale and assumes that all sellers and buyers have relatively equal bargaining capacity."
See also Caroline Delisle Klepper, The Convention for the International Sale of Goods: A Practical Guide for the State of Maryland and its Trade Community, 15 Md. J. Int'l L. & Trade 235, 239 (1991) ("the Convention will not govern issues of contract validity or property title to goods sold. As a result, a transaction between a United States seller and a foreign buyer which falls within one of these exceptions will, if the choice of law rules so direct, be governed by the U.C.C.")
Similarly, John Honnold writes in Uniform Law for International Sales § 444 (3d ed. 1999) that
"[t]he seller's right under the Convention to recover the goods is subject to practical limitations. This remedy is of special importance when the buyer is insolvent; in this setting the rights of creditors are likely to intervene by levy of execution or by the designation of a receiver or trustee in bankruptcy. The Convention will not override the rights of creditors, purchasers and other third persons granted by domestic law; under Article 4, the Convention 'governs only ... the rights ... of the seller and the buyer ...'."
As Honnold goes on to state,
"One question remains: Does applicable domestic law invalidate (art. [4(a)]) a contractual provision allowing reclamation of the goods on non-payment? Such a rule of invalidity is conceivable but seems unlikely. (He cites to UCC 9-503 and UCC 1- 201(37)). However, as we have seen, the Convention's rules are limited (art. 4) to the rights 'of the seller and the buyer' and yield to the rights of third persons such as creditors and purchasers." See id. at 444.1.
The "conceivable" but "unlikely" that Honnold notes is what occurred in the transaction at hand. The remedy of avoidance under the CISG is not available to [seller] if LaSalle has a right to the Steel Shipments under domestic law. The remedy of replevin is not available if [seller] does not have title to the Steel Shipments under domestic law. Therefore, the question the Court next needs to determine is whether domestic law grants LaSalle such a right, a right to the Steel Shipments that supersedes that of [seller]'s. Looking to domestic law to determine the effect of [seller]'s retention of title clause in light of a third party claim is also consistent with the Australian court case, Roder Zelt-un Hollenkonstruktionen GmbH v. Rosedown Park Party Ltd., (No. S6 3076 of 1993; FED No. 1049/95; BC 9501975) (Federal Court, South Australian District, April 28, 1995) in which the court held that it needed to look to domestic law to determine the validity of the retention of title provision. While this case is far in distance from the present jurisdiction, commentators on the CISG have noted that courts should consider the decisions issued by foreign courts on the CISG.
ii. Domestic Law
First, the Court needs to determine which domestic law applies, that of France or Illinois. Under French law, the seller of goods has an absolute right to contract for title until payment, and therefore the retention of title clause in the Agreement would be determinative. However, under the UCC, [seller] would only have a reservation of a security interest.
Under the "most significant contacts rule" of the Restatement (Second) which [seller] asks the Court to apply, and the UCC choice of law provision which [buyer] argues should be the governing test, the Court finds the same result: Illinois law applies. The "most significant contacts rule" states there are five relevant factors to consider: 1) place of contracting; 2) place of negotiating; 3) place of performance; 4) location of subject matter of the contract; 5) domicile, residence, place of incorporation and business of the parties. See e.g. Central States, Southeast and Southwest Areas Pension Fund, et al. v. Tank Transport. Inc., 1991 WL 191342 at *2. Comment e to Section 188 of the Restatement (Second) on Conflicts states that the place of negotiation is of little importance when the parties do not meet but conduct negotiations via mail or telephone (and in this case facsimile). Comment e also states that when the contract deals with a specific physical thing, the location of the thing is significant:
"The state where the thing or the risk is located will have a natural interest in transactions affecting it ... Indeed, when the thing or the risk is the principal subject of the contract, it can often be assumed that the parties, to the extent that they thought about the matter at all, would expect that the local law of the state where the thing or risk was located would be applied to determine many of the issues arising under the contract."
Here, the goods are located in Illinois. Therefore, the most significant contacts are in Illinois.
Application of the UCC choice of law provision leads to the same result. Section 1-105 of the UCC states
"when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing an agreement this Act applies to transactions bearing an appropriate relation to this state."
To define the meaning of "appropriate relation", commentary 3 to this Section states,
"Where a transaction has significant contacts with a state which has enacted the Act and also with other jurisdictions, the question what relation is 'appropriate' is left to judicial decision. In deciding that question, the court is not strictly bound by precedents established in other contexts."
In Gordon v. Clifford Metal Sales Co. Inc., 602 A.2d 535 (1992), the trial court held that the law of the state of the situs of the steel at the time of insolvency of the debtor is controlling. Here, the steel is located in Illinois, and so the transaction has the most appropriate relation to Illinois.
Therefore, the Court finds that the UCC governs the determination of whether LaSalle has title in the Steel Shipments, or, to phrase it in a different way, application of the UCC determines the validity of the retention of title provision in the contract.
C. Applying the UCC
i. [Seller]'s title in the Steel Shipments
Under UCC Section 2-401(a), [Seller] has a reservation of a security interest only. Title retention contracts are construed as creating only security interests under the U.C.C. (See UCC Section 2-401(a),"Any retention or reservation by the seller of the title in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the Article on Secured Transactions, title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.") Therefore, under domestic law, [seller]'s retention of title in the contract did not effectively retain title in [seller]. Rather, transfer of title was effected upon delivery to [buyer]. See UCC § 2-401(2) ("[U]nless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest ...") [1]
ii. Perfection of [seller]'s interest
A seller who retains a security interest by reservation of title under section 2-401(1) must file a financing statement if the interest is to continue to be perfected. See J. White and R. Summers, Uniform Commercial Code, § 30-11. [Seller] never filed a financing statement, so it never perfected its security interest.
iii. LaSalle's security interest
Once title passed to [buyer], [buyer] possessed sufficient "rights in the collateral" to give LaSalle a security interest under U.C.C. § 9-203. This security interest was not perfected, however, until the filing of the second financing statement on November 15, 2001.
Through the Credit Agreement and Security Agreement ("Credit Agreement") entered into on February 4, 1997 by and between LaSalle and [buyer], LaSalle extended secured loans to [buyer]. The financing statement dated February 11, 1997 (the "First Financing Statement") shows that LaSalle holds a security interest in [buyer]'s collateral which it defines as:
"[a]ll inventory in all of its forms, including, but not limited to, (i) all goods held for sale or lease or to be furnished under contracts of service or so leased or furnished, (ii) all raw materials, work in process, finished goods, supplies and materials used or consumed in the processing, packing, shipping, advertising, selling, leasing, furnishing or production of such inventory or otherwise used or consumed in the Company's business, (iii) goods in which [buyer] has an interest in mass or a joint or other interest or right of any kind, whether in the possession of the Company or of a bailee or other Person for sale, storage, transit, processing, use or otherwise, and (iv) goods which are returned to or repossessed or shipped in transit by the Company and all additions and accessions thereto and replacements thereof."
The Steel Shipments are "goods held for sale or lease" under (i) but were not yet held by [buyer] at that time, (and they were not "to be furnished under contracts of service"). The Credit Agreement and the First Financing Statement do not have a clause providing for a security interest in after-acquired property. The financing statement dated November 15, 2001 continued the effectiveness of the First Financing Statement, thereby including within the definition of inventory the Steel Shipments that were at that time in the possession of [buyer].
At the date of the sale of the Steel Shipments to [buyer], LaSalle did not have a perfected security interest in the Steel Shipments; its perfected interest arose only on November 15, 2001, after the sale of the Steel Shipments, once it was in the possession of [buyer], and LaSalle filed the continuing financing statement. [Seller]'s Complaint was filed on January 23, 2002, after LaSalle's security interest was perfected.
iv. Result under the UCC
[Seller] does not have title in the Steel Shipments, only a reservation of a security interest. Therefore, the remedy of replevin is unavailable to [seller]. See Hannaman v. Davis, 20 Ill.App.2d 111, 115 (2d Dist.1959) (" 'Replevin' is a possessory action and the plaintiff must recover, if at all, on the strength of his own title or his right to immediate possession.")
[Seller] has a security interest in the Steel Shipments, but it is not perfected. A perfected security interest prevails over the retained interest of an unpaid seller who did not perfect a security interest. Therefore, LaSalle's perfected security interest prevails over the retained interest of [seller] in the Steel.
[Seller]'s motion for replevin is denied. [Seller]'s motion to avoid the sales agreement between [seller] and [buyer] under the CISG is denied.
1. [Seller] states that it would not be able to conduct an evaluation of determining the applicable law to security interests in the hundreds of jurisdictions to which it ships and sells steel because the cost would be unreasonable. However, the Court notes that [seller] missed its chance to reclaim the Steel Shipments under the law in several ways, and that their cost is not prohibitive. First, [seller] waited until LaSalle had a chance to file the continuing financing statement and perfect its security interest in the Steel Shipments before filing the Complaint. Second, [seller] also missed its chance to seek reclamation of the goods under the UCC § 2-702, which allows the seller 10 days from the buyer's receipt of the goods to reclaim the goods if the seller discovers the buyer is insolvent. (The Court notes that the parties have not provided the Court with enough information to determine if UCC § 2-702(2) applies, (and do not even brief this issue): "if misrepresentation of solvency has been made to the particular seller in writing within 3 months before delivery the 10 day limitation does not apply." [Buyer] in its Response states that it is a "good faith purchaser," per UCC § 2-702(3), in which case UCC § 2-702(2) does not apply; however, the issue is not clear-cut; see the Seventh Circuit decision in In re Reliable Drug Stores, Inc, 70 F.3d 948, 949 (7th Cir.1995) ("Several courts have held, or assumed, that a security interest beats a reclamation claim, on the ground that the security interest equates to the rights of a good faith purchaser under UCC §§ 1-201(32) and (33) ... Legal scholars are not so sure ...") Third, [seller] never filed a financing statement, which would have given it a perfected security interest with priority in the Steel.Go to Case Table of Contents