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This hip property continues to make a name for itself in Sin City. The No. 3 Best Hotel in Las Vegas this year, the Cosmopolitan enjoys a prime location on the center of the Las Vegas Strip. The hotel is one of the few in Las Vegas to offer rooms with balconies, and its accommodations feature contemporary decor and marble bathrooms. Outside the rooms, visitors have access to multiple pools, the Marquee Nightclub & Dayclub, a 100,000-square-foot casino and several dining venues, including the traveler favorite Wicked Spoon brunch buffet. (Courtesy of The Cosmopolitan of Las Vegas)
Just northeast of Kekaha Kai State Park, the Four Seasons Resort Hualalai is one of the most luxurious resorts on the Big Island. Recent visitors suggested indulging in the Hualalai Spa, which features spa treatments with island twists, like a Polynesian Niu (Coconut) Scrub or a Sun Relief Ti Leaf Wrap. Meanwhile, the resort's seven unique swimming spots – from a saltwater pond with a few friendly manta rays to an oceanfront infinity pool – earn high marks across the board. Should you be interested in learning more about Hawaiian life, the Ka'upulehu Cultural Center offers interactive programs that give insight into the island's history, traditions and even music. After a long day of learning (or relaxing), enjoy a fresh seafood meal at one of three restaurants or two lounges before retiring to your room. Accommodations at this Four Seasons resort feature nature-inspired hues and Hawaiian art, as well as balconies, granite bathrooms and plasma TVs. Although recent guests won't deny that room rates and dining costs here are high, they say that the Four Seasons Resort Hualalai's facilities and customer service are worth the price.
With its charming and peaceful streets, chic boutique hotels, and relaxed atmosphere, today's Quebec City has certainly changed since its original incarnation as a defensive fort during the Revolutionary War. Today's only invaders are peaceful and excited tourists, visiting what is often considered North America's most European city. With cobbled streets, delightful architecture and a certain joie de vivre, Quebec City is often associated with French cities and towns.
Half an hour's drive from Mérida, the state capital of Yucatán, Chablé began life as an 18th-century sisal hacienda, and many of its original buildings endure. The arcaded Casa Principal, its faded stucco the blue of a Madonna's cloak, contains the bar and an enfilade of sitting rooms; the former machine house has been incorporated into the most ambitious of its four restaurants, which is under the auspices of Jorge Vallejo of Quintonil in Mexico City, ranked 11th in the World's 50 Best Restaurants; and a smaller building contains an immense library of tequilas. In case you feel the urge to atone for a surfeit of high living, the chapel of San Antonio, after whom the San Antonio Chablé estate was named, remains a house of God. Forty contemporary white-limestone-and-glass casitas are strung across the densely wooded 300-hectare estate, each with its own terrace, pool and hammock, and guests fall broadly into two categories: those who have come to explore the ruins of ancient abandoned Maya cities – Chablé is well placed for visiting Uxmal, arguably the greatest example of these on the Yucatán peninsula – and those who are here for the spectacular forest spa, where the pools are lined in tiles of petrified wood. Surrounded by jungle, a dozen treatment cabins are arranged around a cenote, a water-filled sinkhole which the Maya believed to be a portal to the underworld but guests are told is a fountain of wellness. It's a place of such beauty and charm that even non-converts to traditional Maya healing rituals will succumb to the overall spirit and peace. By Claire Wrathall
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The recipient of numerous industry accolades, including Frommer's Exceptional and AAA Four Diamond awards, the No. 1 Best Hotel in New York City sits in the heart of lower Manhattan. Along with its desirable address, travelers also praise The Beekman's superb service, tasty cuisine and trendy vibe. Acclaimed American chefs Tom Colicchio and Keith McNally have outposts here, and guest rooms and suites boast modern features like custom leather headboards, aged oak floors, curated artwork and bathrooms with Carrara marble accents. (Courtesy of The Beekman, A Thompson Hotel)
The Norman Foster-designed hotel on Sentosa Island is partly housed in colonial buildings, and the standing lamps, rugs, and 20th-century-style travel trunks in the lobby project old-world charm. Capella shows off a different side to Singapore—a beachy escape from the hustle and bustle of the business district and the shopping strips. It's one of the most expensive hotels here, but a little tranquility can be priceless.
A two-hour drive north of Madrid will get you to this massive converted Baroque-Romanesque abbey surrounded by vineyards. Abadia's aesthetic feels medieval—in a good way—with vaulted ceilings, thick stone walls, and a silent cloister, minus the drafty bedrooms, ash-littered fireplaces, and drab brocade curtains. In their place are bright and airy pieces of modern furniture accented by warm wood and soaring windows, plus a one-starred Michelin restaurant, Refectorio. Examine the peeling frescoes while you make your way through a prix-fixe menu that might include smoked cauliflower soup and roasted squab with an artichoke and olive confit.
After a massive renovation in 2009, this boutique reopened, and regained its place among DC's elite hotels. It's not as famous as the Hay-Adams, but its subtle blend of technology (TVs embedded in bathroom mirrors; electronic housekeeping buttons) and colonial charms (intimate library, working dumbwaiter) are second to none. All that's missing is T.J. himself. (Oh wait, no.Here he is. ... )
At first sight, Tetiaroa looks like a trick of the light, almost an aberration: it has a sci-fi glow. A pale blue of such luminosity, the remote, entirely private French Polynesian atoll's water can be seen from outer space – astronauts orbiting the earth have enquired what it was. You leave from Tahiti (30 miles away, but it might be 3,000) and descend in a private six-seater directly into the Technicolor incandescence: a four-and-a-half-mile lagoon surrounded by a subterranean wall of living coral reef and circled by 12 cute green islands. Just one is used for the hotel's 35 villas, the others solely occupied by frigate birds and ancient pandanus trees and honey bees. Tahitian royalty once lived here through the summers, prettifying their daughters for marriage, feeding them giant sea snails and sweet potato. All the islands are hemmed by white sand and shallow water rippling with baby fish. In deeper water are coral cathedrals for giant clams with mouths full of an algae in a trippy neon. The one-, two- and three-bedroom villas are decidedly more lustrous than the usual desert-island design in glass and ironwood, slate and silk. Each is set super-secretively in its own grounds, with a stretch of lonely white sand backed by dense trees. Your lazy eyes catch the occasional bright jags of oleander, jasmine, hibiscus and golden trumpet. Some guests stay put; some congregate at Bob's Bar by the lodge's restaurants (there are three, including a tiny new Japanese) and talk about the actor Marlon Brando, who bought Tetiaroa in 1967, having sailed past whilst scouting for locations for Mutiny on the Bounty (he even helped to develop the innovative 100 per cent renewable-energy seawater air-conditioning system here). A species of tilapia in the natural pond near the spa likes to gobble mosquito larvae: you won't be bitten here. Best are the late afternoons, with the lulling sound of the Pacific crashing against the distant reef, waiting for the dusk, when the sky turns through the softest pastels into a stupefying heliconia red. By Antonia Quirke
Tucked in the Virginia countryside amid the Blue Ridge Mountains, Primland attracts travelers looking for a mix of activity and relaxation. There is no shortage of things to do here, from kayaking and golfing to horseback riding and stargazing. The property also has a spa, and hosts yoga and meditation classes. And guests appreciate the variety of accommodation options, too, with a traditional lodge, suites, cottages and even tree houses to choose from. (Courtesy of Primland)
Music producer Chris Blackwell, who introduced the world to Bob Marley back in 1973, also founded this oceanfront island hideaway a few years later, based around the clifftop villa where Ian Fleming wrote all his Bond novels. In the decades since its reach has grown and grown. There's no sign at the entrance, which is part of the low-key charm. It's easy to see why many music and film stars make their way here: this is a sweet spot with a very independent flavour, a world away from the oversized all-inclusives, and more honed than Blackwell's companion hotel, Strawberry Hill, in the Blue Mountains. Couples tend to hole up in the wooden beach huts; families and friends take over the massive villas; industry bigwigs feel right at home in Fleming's former house, which has three bedrooms and a personable, clued-in staff. There are a few nods to 007 – black-and-white photos of Bond in reception plus novels and films on loan – but GoldenEye is mainly about Jamaica, a sensibility found in the blazingly coloured fabrics, breezy breakfasts on the verandah with cups of Blue Mountain coffee, and heaps of tropical fruit. The sheltered bay for morning swims is just a few paces away across immaculate sands. It says everything that Blackwell still lives here (guests have been known to unwittingly roll up to his villa and ask for a drink, which is always obligingly provided). And why would he leave? He gets to enjoy a highly original hangout that is entirely of his making. This is that rare beast: a hotel that balances heritage and hip and gets away with it. By Nigel Tisdall
The Hotel Universel Quebec is located near Sainte-Foy's business district, downtown and Old Quebec. It is ideal for all types of travelers whether couples, families or business people. It is particularly suitable for sports groups due to its proximity to Laval University's PEPS. Its 160 comfortable rooms are sure to please you but what sets it apart is its exotic indoor garden with a heated pool and Nordic spa. It also holds a Boston Pizza restaurant a sports bar-restaurant that offers good value.
Get set for the excursion you've dreamt of when you use Expedia to arrange a room at one of the lodging options in United States of America. Regardless of what degree of perks you prefer to have available, our simple site makes it possible for you to find precisely what you are looking for. Start hunting today, and you're guaranteed to find the perfect room for your trip.
Hidden among fisherman's casas painted cobalt-blue, pink and pistachio bordering Trancoso's sleepy village square, where the town's elders gather to shoot the breeze, Uxua is almost imperceptible to the passer-by. The only giveaway is the tables of smart Cariocas and international hipsters sipping passionfruit Caipirinhas while watching the early evening scene unfold on the Quadrado. Golden light catches the locals playing football around the whitewashed 16th-century church. This is just how expansive Dutch owner Wilbert Das (Diesel's former creative director) likes it. Surrounded by dense rainforest and teetering high on a ridge overlooking the powder-sand fringed Atlantic, Uxua fits right into the post-hippie utopia of Trancoso. Working with local artisans, Das has turned the hotel into a collection of rustic renovated casas, cottages, an intimate treehouse and a tribal-inspired spa. All are cloaked by hummingbird-flecked tropical gardens and centred around a pool lined with green aventurine quartz, which, for those not up on their healing crystals, is said to be very therapeutic. Interiors are haute-boho: roomy indoor-outdoor sitting rooms and airy living spaces with dazzling-white walls and muslin-canopied beds, accented with lots of reclaimed wood, antiques and vintage finds including brightly painted Virgin Mary statuettes. A decked path runs through mangrove forests to the beach, where there are enormous day beds for post-breakfast snoozing and a beach bar fashioned from an old fishing boat – just stay horizontal and another Caipirinha will soon find its way to you. This is the South American coastal retreat that's on everyone's radar. By Chris Caldicott
Karon Phunaka Resort & Spa straddles the hillside above Karon Temple and this 86-room resort enjoys gentle breezes all year round, a tranquility conducive to peaceful reflection, well-kept grounds that border real jungle, an elevator and an air-conditioned funicular to help you up and down the steep hillside, a spectacular infinity pool with a wide sweep of views and a separate childrens pool, Thai cooking classes, a great air-conditioned free-of-charge fitness room with those views again, an air-conditioned squash court and a Thai and international restaurant with live music.Karon Phunaka Resort and Spas accommodation is made up of 36sqm Superior Rooms, Deluxe Rooms with the same dimensions, 38.5sqm interconnecting Family Rooms, and one 108sqm Suite. Read More...
Hotels.com is a leading online accommodation site. We're passionate about travel and offer great HOTEL DISCOUNTS®. Every day we inspire and reach millions of travelers across 90 local websites in 41 languages. So when it comes to booking the perfect hotel, vacation rental, resort, apartment, guest house or treehouse – we've got you covered. With hundreds of thousands of properties in over 200 countries and territories, we provide incomparable choice with a Price Guarantee. Our site is fun and simple to use and we offer innovative online tools and a top rated mobile app.
When you book your L'Ancienne-Lorette stay with Hotels.com you may also earn free nights on participating hotels by joining the Hotels.com Hotels.com Rewards program. It's free to join and only takes 2 minutes to sign up and when you stay 10 nights you receive 1 night free*. So even a short weekend break in L'Ancienne-Lorette can get you on your way to a free night.
Hotel-Addict.com is a website and e-zine for people who love hotels. It is the go-to site for those who want to know anything and everything there is to know about hotels—from hotel trends, openings, design, spas, food, cocktails, happenings, quirky features and, yes, news and reviews. It doesn't focus on the luxe life or on the cheap and cheerful, but treats all hotels with an interesting story to tell as equals.
Visitors can take advantage of all the Holy City has to offer at the No. 2 Best Hotel in Charleston: The Dewberry Charleston. Ideally positioned on downtown's Meeting Street, the hotel puts guests near the city's top things to do, including the Charleston City Market and the Battery. For attractions farther afield, travelers can make use of the hotel's complimentary bicycles or one of its Volvo house cars. Back at the hotel, lodgers have access to yoga classes, a restaurant and a spa, as well as in-room amenities like high-definition televisions. (Courtesy of The Dewberry Charleston)
The Beverly Hills Hotel is an icon in Los Angeles. The Pink Palace sits on 12 acres along a secluded section of Sunset Boulevard. Travelers say the customer service is just as legendary as the property itself, praising the hotel staff for being warm and welcoming upon arrival and the wait staff for being attentive through meal services. At the No. 3 Best Hotel in Los Angeles, guests can lounge around the palm tree-lined pool, book a massage at the spa or sample the cuisine (and keep an eye out for celebrities) at the infamous Polo Lounge. (Courtesy of The Beverly Hills Hotel)
Hotels.com is a leading online accommodation site. We're passionate about travel and offer great HOTEL DISCOUNTS®. Every day we inspire and reach millions of travelers across 90 local websites in 41 languages. So when it comes to booking the perfect hotel, vacation rental, resort, apartment, guest house or treehouse – we've got you covered. With hundreds of thousands of properties in over 200 countries and territories, we provide incomparable choice with a Price Guarantee. Our site is fun and simple to use and we offer innovative online tools and a top rated mobile app.
When you book your L'Ancienne-Lorette stay with Hotels.com you may also earn free nights on participating hotels by joining the Hotels.com Hotels.com Rewards program. It's free to join and only takes 2 minutes to sign up and when you stay 10 nights you receive 1 night free*. So even a short weekend break in L'Ancienne-Lorette can get you on your way to a free night.
Château Laurier Québec is located in the heart of Old Quebec and offers unparalleled service steps away from the famous Grande Allée and Plains of Abraham. In addition to enjoying its warm and multilingual welcome you will have access to their wide range of amenities and services including a garden with outdoor spas, salty water indoor pool, therapeutic massage and body care, among others. The hotel is ideal for business travelers as well as for a romantic getaway. Make the most of your stay in the beautiful city with one of its many packages. You will surely find the formula suiting you from the selection of romantic, gastronomy, discovery & nature, relaxation or business packages.
The chic accommodations at the Four Seasons Hotel Toronto reflect the charm of its Yorkville backdrop. The property's rooms and suites – designed with elegant decor and modern amenities like an in-room iPad to access Four Seasons services and bathrooms equipped with deep soaking tubs and TVs – hold views of the downtown neighborhood's surrounding shops and cafes. Despite the abundance of nearby restaurants, guests suggest enjoying a meal on premises; both Café Boulud and d|bar lounge offer French-inspired menus from Michelin-starred chef Daniel Boulud. Serenity-seekers rave about the spacious, sleek setting in the spa, which comes outfitted with an indoor pool, a steam room, a salon and a long list of treatment options.
Cheap hotel booking is the criteria for many when they search for hotels online. Yatra offers this daring, and rather innovative, scheme in which hotels tagged under 'Lowest Price Guarantee' are considered the cheapest available price on the market for that property. Now after making your hotel booking online if you encounter a price point which is lower than the one Yatra has offered, you can claim five times the difference by way of User Money and Yatra eCash. For instance, if the price difference in the hotels in INR 1000 then you will be credited with INR 1000 User Money and INR 4000 in eCash, Not to mention, there are certain terms and conditions associated with the disbursement of the funds; you can read up about them by clicking on the T&C button of the Lowest Price Guarantee icon.
With a stay at Katamama, you'll be centrally located in Seminyak, steps from Seminyak Beach and within a 10-minute walk of Eat Street.Featured amenities include complimentary newspapers in the lobby, dry cleaning/laundry services, and a 24-hour front desk.A roundtrip airport shuttle is provided for a surcharge (available 24 hours), and free valet parking is available onsite. Read More...
Chanalai Garden Resort is located at Kata Beach, along Phukets busy west coast.A four-star hotel, Chanalai Garden Resort , it stands just a few hundred metres from the water and enjoys lush foliage and tropical plants and trees, making it an atmospheric and charming place to stay.Here, you are never far from good shopping, nightlife, fine-dining and convenience stores - and of course the beach so its a winner when it comes to location. Read More...
Closer to home, we saw familiar, boutique favorites, such as Vermont's culinary mecca Twin Farms; Montana's rustic-luxe Triple Creek Ranch; and Big Sur, California's adults-only Post Ranch Inn — accessible again now that Highway 1 has recovered from last year's mudslides — all make the list this year. C Lazy U Ranch, a family-friendly dude ranch in the Colorado Rockies, is making its World's Best debut — and it managed to crack the top 100. "As someone who has been fortunate enough to travel to 86 countries, I can say that C Lazy U ranks at the very top of the list," said one devoted fan. "The accommodations and activities are excellent."
This spa resort doesn't take any of its five stars for granted, particularly when it comes to delivering first-rate customer service. Recent guests can't help but keep the compliments coming: Travelers say that the resort staff took extra care to personalize each experience. One problem you might face, however, is exclusivity. The Acqualina Resort & Spa on the Beach only has 98 guest rooms and suites, so be sure to book early for an upcoming trip to Sunny Isles Beach. The rooms come with flat-screen TVs and private balconies, as well as double sinks and glass-enclosed showers. Meanwhile, the property also features three in-house eateries, four pools, a spa and beach amenities. What's more, the hotel is part of The Leading Hotels of the World, meaning Leaders Club members have access to perks here. You'll find the Acqualina Resort & Spa in Sunny Isles Beach, Florida, about 11 miles north of Miami Beach.
This Four Seasons outpost consistently impresses visitors with its prime location. The No. 1 Best Hotel in Maryland this year, the Four Seasons Hotel Baltimore offers breathtaking views of the harbor and close proximity to local shops and restaurants. Plus, travelers are treated to top-notch amenities, such as two eateries, a spa and two pools, including one overlooking the harbor. Additionally, visitors will find a marble bathroom, an espresso machine and a flat-screen TV with a Blu-ray player inside each room. (Courtesy of Four Seasons Hotel Baltimore)
At the No. 2 Best Hotel in Maui, guests are greeted with panoramic views of Wailea Beach and the Pacific Ocean. Accommodations are spacious (each room measures at least 600 square feet) and include lanais, locally inspired art, deep-soaking tubs and Nespresso coffee makers. On the resort grounds, travelers will find three saltwater pools, two tennis courts and a spa, but this resort's best attribute is its kid-friendly atmosphere. One of the island's most family-friendly properties, the Four Seasons Resort Maui offers everything from a game room to a waterslide to the brand's complimentary Kids For All Seasons activities program. (Courtesy of Four Seasons Resort Maui at Wailea)
Toronto Plaza Hotel C$ 104+ Crowne Plaza Toronto Airport C$ 111+ Toronto Don Valley Hotel and Suites C$ 113+ Bond Place Hotel C$ 115+ Four Points by Sheraton Toronto Airport East C$ 117+ Super 8 by Wyndham Downtown Toronto C$ 128+ Ramada Plaza by Wyndham Toronto Downtown C$ 130+ Holiday Inn Toronto Downtown Centre C$ 134+ Holiday Inn Toronto International Airport C$ 139+ Town Inn Suites C$ 140+ Comfort Hotel Airport North C$ 143+ Delta Hotels by Marriott Toronto Airport & Conference Centre C$ 147+ Strathcona Hotel C$ 150+ Radisson Suite Hotel Toronto Airport C$ 151+ Chelsea Hotel, Toronto C$ 156+ DoubleTree by Hilton Toronto Airport C$ 156+ Radisson Hotel Toronto East C$ 158+ Courtyard by Marriott Toronto Downtown C$ 159+ DoubleTree by Hilton Toronto Downtown C$ 162+ Hotel Victoria C$ 170+ The Westin Toronto Airport C$ 172+ Holiday Inn Express Toronto Downtown C$ 176+ Radisson Admiral Hotel Toronto-Harbourfront C$ 178+ Novotel Toronto North York C$ 178+ The Westin Prince, Toronto C$ 179+ Novotel Toronto Centre C$ 180+ Hyatt Regency Toronto C$ 186+ Cambridge Suites Hotel - Toronto C$ 188+ Toronto Marriott Bloor Yorkville Hotel C$ 198+ Hilton Toronto C$ 199+
The Auberge St-Antoine is a luxury hotel in the heart of Quebec City's Old Port. In addition to its superb location facing the majestic St. Lawrence River what makes it so unique is its location on one of Quebec City's richest archaeological sites; the presence of artifacts in the hotel; and its construction made from 3 historic buildings, a dock and a battery of cannon from the 17th century. You will find yourself immersed in the heart of the city's magic as it is near the old ramparts, museums and the picturesque Petit-Champlain district. The hotel offers 95 luxury rooms and suites equipped for your utmost comfort. It is member of the prestigious Relais & Châteaux.
If you find your exact hotel reservation with the same or better booking conditions at a lower rate after booking through momondo, please contact us immediately so we can process your claim. Please note you must contact us no later than 24 hours after making your booking. The following conditions must be met in order to make a Best Price Guarantee claim:
Who hasn't dreamed of traveling like royalty, sleeping in some of the world's most expensive suites, and eating in Michelin-starred restaurants? The time and money for that kind of trip can be tricky to come by, but it's always good to be ready just in case the opportunity arises, right? We here at Oyster have been lucky enough to have visited thousands of hotels around the globe and across the states. The U.S. is known for having high standards when it comes to hotels, and hotels stateside offer some of the most decadent services around. So we've put together a list of the best luxury properties in the States for those planning a luxe trip -- and for those who just like to dream. Enjoy!
Attention to detail is a high priority at ARIA Sky Suites, the No. 2 Best Hotel in Las Vegas. A personal concierge is assigned to each Sky Suite. Plus, there are designated check-in and checkout areas separate from other guests and according to recent travelers, the service is unparalleled. In addition to Sky Suites perks, visitors who stay here receive access to all of ARIA Resort's amenities, including the pools, the casino and the several on-site restaurants. (Courtesy of ARIA Sky Suites)
This LEED Platinum-certified boutique property in Yountville, California, is dedicated to protecting the environment while providing a high-end experience for travelers. Not only does the No. 2 Best Hotel in Napa Valley place guests close to the area's vineyards and top-notch restaurants, it's also home to its own highly praised "field-to-fork" eatery, Lucy. Travelers also rave about Bardessono's rooftop pool, accommodations and spacious bathrooms. (Courtesy of Bardessono)
You'll notice that this list has a lot of hotels in Shinjuku because it's honestly the best place to stay in Tokyo. The IBIS Tokyo Shinjuku is located steps from JR Shinjuku and offers rooms with free WiFi, an LCD Screen TV, and a private bathroom. Furnishings are simple, but you'll still get a desk, mini-fridge, kettle, toiletries, and slippers. All front desk staff is fluent in English and will be able to assist you with your needs. There's a checked luggage service as well as coin laundry. There's a breakfast buffet available for an additional charge that serves western and Japanese items. The IBIS Tokyo Shinjuku is one of the cheapest hotels in Tokyo.
'If we want things to stay as they are,' Giuseppe Tomasi di Lampedusa famously wrote, 'things will have to change.' Anyone who knows and loves The Carlyle will want things at this Upper East Side institution to stay as they are, while also understanding that a certain amount of tweaking is, alas, necessary. Designer Tony Chi, who did such a fine job at The Carlyle's sister property, Rosewood London, is currently overhauling 80 percent of the hotel's 190 rooms. The first of these will become available in early 2019. Renovations here have always been a fraught business, not least because, as well as being a hotel, it also contains 50 or so privately owned apartments spread across its 35 floors, making it impossible to do the whole place up all at once. Thus some rooms are florid and chintzy; some are 1920s time capsules; some are slick and steely; and still others are something in between. Broadly speaking, they get better the higher the floor. Plus, you get to spend more time in the elevators —not an activity to enjoy in everyday life, but this is not everyday life. The ones at The Carlyle are the stuff of legend, as much admired as the astounding Dorothy Draper lobby or Bemelmans Bar. Imagine if you had been there when Princess Diana, Michael Jackson, and Steve Jobs all piled in (true story). You would have been in awe. Not of them, of course, but of the real superstar – the unflappable, icy-calm, white-gloved Carlyle elevator operator. By Steve King
Long before the influx of American billionaires preparing for the apocalypse by constructing mega-million-dollar retreats in the remotest reaches of New Zealand, there was the Lodge at Kauri Cliffs. American hedge-fund billionaire Julian Robertson created this hotel on a 6,000-acre working sheep farm set above the Pacific Ocean. For golfers, it offers the round of a lifetime. Created by late, great course designer, David Harmon, 15 of the 18 holes look out across the ocean, while six play alongside cliffs which drop 200 metres into the sea. Tee-offs require blind hits of faith across coastal chasms. But Robertson's vision was hardly limited to golfers. There's a day spa built within a native forest, and sunset barbecues on Friday evenings on the property's pink-sand beach; more formal suppers are served inside the main lodge, which is designed to feel like a traditional farmhouse (albeit one which requires guests wear jackets for dinner). A farm-to-table ethos rules the kitchen, fresh produce from the sea and surrounding farms dictates daily changes to a menu regarded as northern New Zealand's finest. Spacious rooms are neutral-toned and comfortable – fancy elements would be negated by the elevated views out to the Cavalli Islands. Those seeking even more space should try the 4,200-square-feet Owner's Cottage, and then wander around the property, through ancient Kauri woodland, and down trails onto deserted white-sand bays where orcas and whales pass by. By Craig Tansley
The golden rule of Bangkok: if it's even remotely out of the way, don't bother (a cab across town at rush hour could take as long as your flight over). The Siam is the exception. Although we're not sure that Bill Bensley designed this low-slung and sleek urban retreat, on the north-east bank of the Chao Phraya river, as a destination in itself, it has certainly become one. It's possible to spend a whole afternoon ogling the 16th-century Burmese Buddhas and vintage toy race cars displayed with particular flair from the hotel's film room to its grand upstairs bar (owner Krissada Clapp makes weekly visits to local antiques dealer House of Chao, and tweaks the hotel's collection almost daily). Located north of the Grand Palace and the hordes of flip-flop-wearing twenty-somethings streaming through the neon glow of Khao San Road, The Siam is a vitally tranquil place to return to after a day of tuk-tuk-ing between temples and haggling for silks at Chatuchak market. The gentle gurgle of water from stone fountains form a soundtrack for the sun-flooded courtyard, a profusion of palms and greenery; the enormous hammam-style spa, with its opulent marble pillars, does utterly resetting Reiki massages – though a soak in the clawfoot tubs in the teak-clad, Art Deco-style rooms does the trick, too. And early evening cocktails on the terrace, as the lights begin to flicker in the darkening skies on the other side of the moody Chao Phraya, can feel as though you've escaped the city entirely. To get back into the thick of it, though, the hotel's river boat ferries guests towards that neon all day and night. Three years after opening, this is still Bangkok's most accomplished urban hideaway. By Erin Florio
Metadee Resort & Villas is located at Kata Beach, along Phuket Islands winding west coast.It is a collection of 77 Deluxe Rooms and Villas comprising 24 Deluxe Pool View Rooms, 24 Deluxe Pool Access, nine Access Pool Villas, 19 Private Pool Villas, and one Grand Pool Villa Suite.The resort features a central and large freeform swimming pool, a state-of-the-art air-conditioned fitness room, an international standard spa, meeting facilities, 24/7 security, a tour desk where you can plan your exploration of the island and surrounding islands, and a 24-hr reception.There is a computer terminal near reception and complimentary Wi-Fi throughout the resort. Read More...
Europe had 18 winners — including first-timer Six Senses Douro Valley, in the heart of Portugal's stunning wine country — while Mexico can boast of 10. No surprise that Rosewood San Miguel de Allende made the cut, surely in part thanks to its location in the No. 1 city in the world. "The rooftop bar was our go-to place for drinks," said one reader. "A very special place."
The Norman Foster-designed hotel on Sentosa Island is partly housed in colonial buildings, and the standing lamps, rugs, and 20th-century-style travel trunks in the lobby project old-world charm. Capella shows off a different side to Singapore—a beachy escape from the hustle and bustle of the business district and the shopping strips. It's one of the most expensive hotels here, but a little tranquility can be priceless.
Beach destinations appear throughout the list, of course — from warm-weather getaways like the Setai, a palatial resort with three pools on Miami Beach, to the Stephanie Inn, a 41-room boutique property on Oregon's rocky Pacific coast. But mountain resorts also proved to be popular with our readers. Properties like the Swag, in the Great Smoky Mountains of North Carolina; the Little Nell, in the Colorado Rockies, praised as "charming and restful" by one respondent; and Primland, a "hidden gem" in Virginia's Blue Ridge range, show that travelers value being able to get away from it all by getting above it all. "No words can express the beauty of this hotel and area," one reader said. "It is a slice of heaven, whether you stay in one of the tree houses or the main lodge," said another.
This legendary hotel on Manhattan's Upper East Side has a highly developed sense of noblesse oblige. The Carlyle opened inauspiciously in 1930, the year after the Wall Street Crash, and its lobby retains the original black-and-white tiled floor designed by Dorothy Draper. The lift operator knows each guest's name and room number, handy should you return late and a little squiffy. And each room has a proper key: no troublesome cards or spooky 'iris recognition' here. The bedrooms themselves are generously sized - at least for New York - while the tower suites are positively vast and very beautiful, with pale beechwood parquet floors, Chinese cabinets, onyx lamps and silk-cushioned fauteuils, as well as heart-stopping views of Central Park. Refreshment is never far away: tea is served in the Ottoman-styled Gallery, cocktails in the Bemelmans Bar (the bar of the Upper East Side) and lunch or dinner in the Carlyle Restaurant, which is decorous without being sedate. And music is inherent at the Carlyle, whose first tenant was composer Richard Rodgers. In its public rooms and suites there are 14 baby grand pianos, and Woody Allen still plays jazz clarinet every Monday night, six months of the year, at the ground-floor Café Carlyle. But in the end, the Carlyle's brilliance lies in its understatement. The fire instructions say, 'Remain relaxed'. Here, at what is still New York's grandest hotel, it's hard to do anything else.
The people of Quebec City are hardy and quite used to the harsh weather that is typical in the long winter months. Rather than mope and complain they tend to turn lemons into lemonade, or rather snow and ice into sculptures and other works of art. The city holds a winter carnival every year, officially known as Le Carnaval de Quebéc. Despite the brisk temperatures that are experienced at this time, this carnival is as popular among travellers as events held in the summer months. In fact it is the largest carnival of its kind in the world, with more than one million people drawn to view the ice sculptures, take part in winter sports and attend parades and masquerade balls. Bonhomme, a stylised giant snowman, is the delightful official mascot. Those looking for a unique and beautiful place to stay in the deep winter months should head a few miles to the north of the city where the Hôtel de Glace, North America's only ice hotel, is open from January to March each year. The spectacular suites are carved out of the ice by artists and have to be seen to be believed.
The stunning Harbour Town area is a great place to station yourself during a Hilton Head trip. And its standout accommodations, The Inn & Club at Harbour Town (part of The Sea Pines Resort), is certainly one of the most popular resorts on the island. Guests who choose to make the (somewhat long) trek here delight in the lush scenery, the luxurious rooms and the professional, approachable and welcoming staff. Rooms come with large flat-screen TVs, blackout-lined window treatments and spacious bathrooms with soaking tubs and Molton Brown toiletries. Visitors like to venture out of the hotel to eat (particularly at The Quarterdeck, one of Hilton Head's favorites), but most insist that you stick close to home for Sunday brunch. Harbour Town rests in the bottom boot of Hilton Head Island.
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text:
Case No. 1:08-cv-00477.
March 28, 2011
This matter is before the court on Defendants' Motion for Summary Judgment (Dkt. 130). Only one claim of negligence remains in Plaintiff's First Amended Complaint, specifically that defendants committed legal malpractice by failing to know that Lueck was liable as an infringer pursuant to 35 U.S.C. § 271(b) and/or to name him in the Smittybilt complaint (Court's Order and Judgment, Dkt. 52, citing ¶¶ 40.C and D of the First Amended Complaint). Discovery is now closed and defendant moves for summary judgment on plaintiff's only remaining claim.
The court adopts for the most part defendants' statement of facts as consistent with plaintiff's pleadings. The court also largely adopts portions of the defendants' analysis as consistent with its own.
The Parties
Plaintiff owns United States Letters Patent 5,368,210 (the "`210 Patent") for an invention entitled the "Cargo Storage Apparatus." Defendant Price, Heneveld, Cooper, DeWitt Litton, LLP ("Price Heneveld") "provides patent, trademark and copyright legal services, including preparation, prosecution, counsel and litigation." Defendant Steven L. Underwood ("Underwood") is a Price Heneveld partner, "a member of the State Bar of Michigan, and admitted to practice before the U.S. District Courts of the Eastern and Western Districts of Michigan, and he is also registered to practice before the U.S. Patent and Trademark Office." Defendant Gunther J. Evanina ("Evanina") is a Price Heneveld partner, "a member of the State Bar of Michigan, and is registered to practice before the U.S. Patent and Trademark Office." (First Amended Complaint ("FAC"), Dkt. 42, ¶¶ 2, 4, 9-10.)
Plaintiff Retains Price Heneveld
In July 2005, plaintiff contacted Price Heneveld about potential claims against Smittybilt Automotive Group, Inc. ("Smittybilt") for infringement of the `210 Patent. Plaintiff signed an Engagement Agreement (Exh. 2 to FAC) with Price Heneveld on July 21, 2005. In an August 4, 2005 letter (Exh. 3 to FAC), Gunther Evanina provided to plaintiff an opinion, which concluded that "the `210 patent claims were valid and enforceable, and literally infringed by the activities of Smittybilt, such that filing a Complaint for patent infringement was appropriate." (FAC, ¶ 16.)
Defendants File Suit
According to plaintiff's allegations in his First Amended Complaint (Dkt. 42), from the beginning he wanted his patent infringement claim to focus on recovering damages for lost sales, past and present. On July 13, 2005, he notified Mr. Evanina that he calculated his past lost sales (not profits) to be $56,250. The patent infringement claim seemed to plaintiff to be "a fairly straightforward matter involving Smittybilt's use of the `210 patent, especially where Lueck . . . then-current president of Smittybilt — had full knowledge of the `210 patent[.]" (FAC, ¶¶ 12-13.)
On August 24, 2005, Price Heneveld filed in this court a complaint and demand for jury trial on behalf of plaintiff and against Smittybilt only ("Smittybilt complaint"), "where it was given File No. 1:05-CV-570 and assigned to the Hon. Gordon J. Quist, U.S. District Judge." Consistent with the recitals section of the Engagement Agreement (Exh. 2 to FAC, p. 1), suit was filed only against Smittybilt.
Plaintiff Alleges Price Heneveld Was Directed To File Suit Against Both Smittybilt and Lueck
Consistent with plaintiff's "intent . . . to file a Complaint for relief of [his] cause of action without immediate service and attempt to reasonably resolve the instant dispute without further litigation" (Engagement Agreement, p. 1, § 2.01), on August 25, 2005, Mr. Underwood sent a demand letter, with a courtesy copy of the complaint, to Smittybilt. According to plaintiff's allegations, when no response was forthcoming, he (and his mother and stepfather) met with Mr. Underwood and Mr. Evanina. At that meeting, according to plaintiff, "Underwood suggested [and everyone unanimously agreed] that we would go after both Smittybilt and Lueck in the lawsuit. In addition, it was discussed and decided that Underwood would re-send by certified mail his August 24, 2005 letter to Lueck — which Underwood did on September 15, 2005[.]" (FAC, ¶ 19 (brackets and emphasis in original)).
Price Heneveld Obtains a Judgment For Plaintiff For More Than Plaintiff's Actual Reported Damages
Smittybilt did not comply with the deadlines in the letters and, on "November 1, 2005, Smittybilt [only] was served with the Summons and Complaint in California." (FAC, ¶ 21 (brackets and emphasis in original).) Smittybilt failed to answer the complaint. On December 15, 2005, Price Heneveld filed a motion for default judgment against Smittybilt. Plaintiff's declaration supported the motion. (FAC, Exhs. 8 and 9, respectively.)
In his declaration, plaintiff declared under penalty of perjury that Smittybilt sold 1859 units that infringed plaintiff's `210 patent; that plaintiff's lost-profit-per-unit was $15; and that plaintiff's lost profits were $27,885. (FAC, Exh. 9, ¶¶ 7-8.) Plaintiff also declared that he incurred attorney fees of $14,785.89 and costs of $503.89. ( Id., ¶¶ 10-11.) Thus, plaintiff declared under penalty of perjury that his damages totaled $43,174.78.
In the Motion, Price Heneveld argued for not only those damages, but also for treble plaintiff's lost-profit damages of $27,885 ($83,655) and for pre-judgment interest of $6,254.26. (FAC, Exh. 8.)
On January 31, 2006, District Judge Quist entered an Order and Judgment against Smittybilt, awarding a total of $89,678.35 [for lost profits, pre-Complaint interest, post-Complaint interest and costs] and enjoining Smittybilt from infringing on the `210 Patent. . . .
* * *
On April 5, 2006, District Judge Quist granted Underwood's Motion for Entry of Amended Order and Judgment, and entered an Amended Order and Judgment awarding Plaintiff attorney fees in the amount of $7,925.
(FAC, ¶¶ 26 and 29 (brackets in original).) Thus, while plaintiff declared that his damages totaled $43,174.78, a total judgment entered in his favor for $93,603.35.
Plaintiff Says He Did Not Know Lueck Was Not Named
According to plaintiff, despite (1) his insistence in September 2005 that defendants do so and (2) his above-discussed declaration filed with this court, he did not learn that Lueck had not been named in or added to the Smittybilt lawsuit:
until July of 2006 [when, as a judgment creditor of Smittybilt, he appeared In Pro Per in the United States District Court for the Northern District of Illinois, Case No. 06cv2789, seeking an assignment of accounts receivables owed to Smittybilt by J.C. Whitney, a national automotive retail catalog].
(FAC, ¶ 20 (brackets in original).)
Also according to plaintiff, when in July 2006 plaintiff asked Mr. Underwood why Lueck was not named in or added to the Smittybilt lawsuit, Mr. Underwood suggested to plaintiff that plaintiff could sue Lueck. On July 7, 2006, after plaintiff requested his entire file, Mr. Underwood allegedly repeated that advice. (FAC, ¶¶ 32, 35, and 36.) Instead, plaintiff filed this lawsuit.
Plaintiff Alleges Defendants Are At Fault For the Judgment Being Uncollectible
On December 5, 2005, after the Smittybilt complaint was filed, but before the above-discussed Order and Judgments entered, Textron Financial Corporation ("Textron") perfected a lien and secured all assets of Smittybilt and Lueck. (FAC, ¶ 25.A.) Textron sold Smittybilt's assets, which netted $2,000,000 less than the $10,000,000 owed to Textron. ( Id., ¶¶ 30 and 31.) According to plaintiff, "[b]ut for the professional negligence/malpractice of the Defendants, Plaintiff could have and would have received the $89,678.35 awarded . . .; instead, Federal District Judge Quist's Order and Judgment against Smittybilt only was left unsatisfied, uncollectible, and essentially worthless." ( Id., ¶ 42.)
Plaintiff's Original Claims of Malpractice
According to plaintiff's original complaint (Dkt. 1, Exh. A), defendants were professionally negligent in five ways. In lieu of answering those allegations of malpractice, defendants moved to dismiss the first four under Fed.R.Civ.P. 12(b)(6), and moved to dismiss the fifth under Fed.R.Civ.P. 56 (Dkt. Nos. 25, 26, and 31). On September 23, 2008, the court heard oral arguments on defendants' motion. During oral argument, plaintiff conceded that his first and fifth claims of negligence were without merit.
Plaintiff's Amended Complaint
Following oral argument, the court issued an Order (Dkt. 34) allowing plaintiff until January 9, 2009 to (1) "submit any affidavits, documents or other materials in opposition to Defendants' motion" and (2) "move for leave to amend his complaint." Plaintiff did both (Dkt. Nos. 35-39). On January 15, 2009, plaintiff and defendants stipulated (Dkt. 40), and the court subsequently entered an Order (Dkt. 41), that (1) plaintiff's first amended complaint (Dkt. 38) was deemed filed as of January 23, 2009, and (2) defendants would have 20 days, by February 12, 2009, to re-file their motion to dismiss as to the amended complaint.
In his first amended complaint, plaintiff alleges that defendants committed malpractice in three ways. On February 12, 2009, defendants timely moved to dismiss all three counts of the first amended complaint under Fed.R.Civ.P. 12(b)(6). In its opinion dated July 24, 2009, the court dismissed plaintiff's claim of legal malpractice against defendants that they had a duty to investigate and determine the actual units sold that infringed the `210 patent, and further found that plaintiff suffered no damages for the defendants' failure to determine the actual units sold. (Dkt. 51 at pp. 8-9). The court further dismissed pursuant to Fed.R.Civ.P. 12(b)(6) plaintiff's third count, finding that defendants had no duty or right to conduct pre-filing discovery to determine if Smittybilt or Lueck were collectible. The court further found that plaintiff had failed to allege that any such failure to conduct a pre-filing investigation was a proximate cause of plaintiff's alleged harm. (Dkt. 51 at pp. 10-12).
The court with grave reservations concluded that plaintiff's second allegation of negligence, regarding defendants' failure to name Lueck as an infringer pursuant to 35 U.S.C. § 271(b), arguably stated a claim on which discovery should be permitted. Following the close of discovery, defendants now move pursuant to Fed.R.Civ.P. 56 for summary judgment on plaintiff's remaining negligence claim: that defendants committed malpractice by any failure to know that "Lueck was liable as an infringer pursuant to 35 U.S.C. § 271(b)" or to name him in the Smittybilt complaint. (FAC at ¶ 40.C and D.). The court agrees and will grant summary judgment for the defendants on plaintiff's remaining claim.
Summary judgment is appropriate "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). A party moving for summary judgment can satisfy its burden by demonstrating "that the respondent, having had sufficient opportunity for discovery, has no evidence to support an essential element of his or her case." Minadeo v. ICI Paints, 398 F.3d 751, 761 (6th Cir. 2005); see also, Amini v. Oberlin College, 440 F.3d 350, 357 (6th Cir. 2006) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986)). The fact that the evidence may be controlled or possessed by the moving party does not change the non-moving party's burden "to show sufficient evidence from which a jury could reasonably find in her favor, again, so long as she has had a full opportunity to conduct discovery." Minadeo, 398 F.3d at 761 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986)).
Once the moving party demonstrates that "there is an absence of evidence to support the nonmoving party's case," the non-moving party "must identify specific facts that can be established by admissible evidence, which demonstrate a genuine issue for trial." Amini, 440 F.3d at 357 (citing Anderson, 477 U.S. at 247-48; Celotex Corp. v. Catrett, 477 U.S. at 324). While the Court must view the evidence in the light most favorable to the non-moving party, the party opposing the summary judgment motion "must do more than simply show that there is some metaphysical doubt as to the material facts." Amini, 440 F.3d at 357. The existence of a mere "scintilla of evidence" in support of the non-moving party's position is insufficient. Daniels v. Woodside, 396 F.3d 730, 734-35 (6th Cir. 2005) (quoting Anderson, 477 U.S. at 252). The non-moving party "may not rest upon [his] mere allegations," but must instead present "significant probative evidence" establishing that "there is a genuine issue for trial." Pack v. Damon Corp., 434 F.3d 810, 813-14 (6th Cir. 2006) (citations omitted).
Moreover, the non-moving party cannot defeat a properly supported motion for summary judgment by "simply arguing that it relies solely or in part upon credibility determinations." Fogerty v. MGM Group Holdings Corp., Inc., 379 F.3d 348, 353 (6th Cir. 2004). Rather, the non-moving party "must be able to point to some facts which may or will entitle him to judgment, or refute the proof of the moving party in some material portion, and . . . may not merely recite the incantation, `Credibility,' and have a trial on the hope that a jury may disbelieve factually uncontested proof." Id. at 353-54. In sum, summary judgment is appropriate "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Daniels, 396 F.3d at 735.
ANALYSISDefendants take the position that the case should be dismissed under Fed.R.Civ.P. 56 because there is no genuine issue as to any material fact. They maintain that as venue in this court is improper against Lueck, and because plaintiff lacked a good faith basis to allege that Lueck "actively induced" Smittybilt's infringement or that he was subject to "personal jurisdiction" in Michigan, defendants did not have any duty to name Lueck. They also maintain that plaintiff reviewed documents during the Smittybilt lawsuit including his sworn declaration in support of a default judgment which clearly identified that the suit was against Smittybilt only. Defendants further aver that is it undisputed that plaintiff knew he could, but chose not to, sue Lueck after the Smittybilt lawsuit to recover the very damages that he now seeks to recover from defendants. Defendants assert that it is undisputed that plaintiff has since lost the opportunity to sue Lueck and that he thus failed to mitigate his damages as a matter of law. Finally, defendants maintain that the decision not to name Lueck falls squarely under the protection of the "Attorney Judgment Rule." The court agrees with every one of these arguments.
1. Venue and Personal Jurisdiction Against Lueck in the Western District of Michigan
2. Defendants Lacked a Good Faith Basis to Allege Lueck Actively Induced Smittybilt's Infringement
Discovery was never undertaken in the Smittybilt lawsuit because a default judgment was entered against Smittybilt for treble damages before such discovery even commenced.
The only evidence regarding Lueck's intent and active inducement is his deposition in this case. There, he testified that he did not even recall plaintiff's product, and that Smittybilt sold thousands of products. (Lueck Dep., Exh. 24 to Defendants' Brief (Dkt. 131), p. 14, lines 14 — 22). Lueck vehemently denied intending or directing Smittybilt to infringe. (Id. at p. 43, line 18 — p. 44, line 1).
3. Plaintiff Had Actual or Constructive Knowledge That the Smittybilt Lawsuit Was Clearly Against Smittybilt Only
According to plaintiff, during a September 15, 2005 roundtable meeting among defendants, plaintiff, and his mother and stepfather, Underwood suggested that plaintiff sue both Smittybilt and Lueck. (Plaintiff's Dep., Exh. 5 to Defendants' Brief (Dkt. 131), p. 75, line 18 — p. 86, line 16). According to defendant Underwood, the conversation was a bit different, to the effect that there was insufficient evidence to name Lueck at the time, but that discovery in the Smittybilt case may prove otherwise. (Underwood Dep., Exh 6 to Defendants' Brief (Dkt. 131), p. 28, line 6 — p. 33, line 22).
Whose version of events is correct is really irrelevant. It is undisputed that plaintiff subsequently reviewed numerous documents during the Smittybilt lawsuit which made clear that the suit was against Smittybilt only. It is undisputed that plaintiff was sent numerous e-mails and other correspondence making it clear that Lueck had not been added to the lawsuit, notwithstanding plaintiff's allegations that there were conversations that he would be. For a listing of the various documents, see Defendants' Brief (Dkt. 131) at pp. 3-4.
4. Plaintiff Failed to Mitigate His Damages
After plaintiff terminated defendants' services in February 2006, he then attempted to collect on the Smittybilt judgment. It is beyond dispute that plaintiff had active knowledge that Lueck was not part of this judgment timely for him to have sued Lueck in a separate lawsuit. The court believes that plaintiff made a decision not to pursue an expensive lawsuit against an individual, likely uncollectible, in California. Instead, plaintiff pursued these defendants.
5. The Professional Judgment Rule
Michigan law defines the attorney standard of care to be the good faith and informed exercise of ordinary care, skill and diligence in providing legal services to a client. This widely accepted description does not seek to characterize acceptable levels of an attorney's professional judgment, which the courts have been resistant to quantify or second guess. Mere errors in judgment generally are not tantamount to malpractice. (See, Symco v. Blake, 448 Mich. 648, 532 N.W.2d 842, 846-7, (1995).) (See also Affidavit of Richard A. Glaser, Exh. 32 to Defendants' Brief (Dkt. 131), pp. 1-2).
The undersigned finds the decision not to name Lueck in the underlying lawsuit against Smittybilt was not an error in professional judgment but rather the exercise of excellent professional judgment. First, Lueck could well have challenged the venue of the case in the Western District of Michigan; second, there is no evidence to suggest that the Western District of Michigan court could have exercised personal jurisdiction over Mr. Lueck; third, at the time the Smittybilt complaint was filed, defendant lacked sufficient evidence, without discovery, to charge Lueck with inducement of infringement of plaintiff's patent by Smittybilt. Indeed, even after taking the deposition of Lueck in this action, there is no evidence that Lueck induced Smittybilt to violate plaintiff's patent rights. Fourth, damages asserted by plaintiff were relatively modest. To unnecessarily complicate a relatively straightforward case with relatively modest damages in the undersigned's opinion would have been poor professional judgment.
When defendants obtained relatively swiftly a default judgment against Smittybilt for treble damages as well as an injunction, the decision not to pursue Lueck was very reasonable, made probably for the very reason that plaintiff determined not to bring suit on his own behalf. Whether Lueck would have defended any such suit, whether evidence could have been uncovered to establish active inducement, or whether he could or would ever have paid any judgment obtained in any such suit is entirely speculative based on the sequence of events and common sense.
Plaintiff's position is based on speculation and not fact. Thus defendants are entitled to summary judgment on plaintiff's remaining claim. Defendants' Motion for Summary Judgment (Dkt. 130) is granted. An order consistent with this opinion will enter.

subset: commoncrawl


text:
Sponsored search (also called sponsored links, search ads, or paid search) allows advertisers to be included in the sponsored results of a search for selected keywords. Search ads are often sold via real-time auctions, where advertisers bid on keywords.[19]:118[53] In addition to setting a maximum price per keyword, bids may include time, language, geographical, and other constraints.[19]:118 Search engines originally sold listings in order of highest bids.[19]:119 Modern search engines rank sponsored listings based on a combination of bid price, expected click-through rate, keyword relevancy and site quality.[21]
The traditional 9-5 job in an office is becoming increasingly obsolete, Fast Company reports. Not only are more people in the corporate world doing more from home, thanks to the internet, but side gigs are on the rise. More than a third of us — nearly 54 million people did some freelance work in the past year. That represents a growth of 700,000 more freelancers than the previous year. According to FlexJobs, there are more opportunities opening for full-time remote work, even for those at the executive level. Brie Reynolds, director of online content at FlexJobs, told the magazine: "Professionals who've spent years honing their skills and experience don't need to sacrifice their hard work in order to find better work-life balance." Analyzing listings from more than 40,000 companies in the FlexJobs database indicates that companies ranging from Dell and UnitedHealth Group to Xerox, SAP, and Salesforce were among the top 25 employers with the most available remote jobs. Although health care, technology, and education are the most well-represented industries, there are also openings in finance, hospitality, and research.
Customers are often researching online and then buying in stores and also browsing in stores and then searching for other options online. Online customer research into products is particularly popular for higher-priced items as well as consumable goods like groceries and makeup. Consumers are increasingly using the Internet to look up product information, compare prices, and search for deals and promotions.[21]
In the 'The Super Affiliate Handbook', you benefit from all my affiliate marketing experience and investments. You will see my functional and current websites that earn tens of thousands each month. You will learn exactly which services and software give you best value for your dollar. You also avoid the costly mistakes that I've made during my learning process.
I'm looking for a U.S. based specialist to constantly improve and run the affiliate program for our highly respected brand in a very niche market. You should have an entrepreneurial mindset, be excellent at building rapport and maintaining relationships, and comfort with ambiguity, along with passion for taking something from non-existence to existence. Excellent written communication skills are a must. Responsibilities/Expectations: → Work with CEO and other remote team members to finalize a strategy → Execute strategy → Evaluate and improve current on-boarding processes, guidelines and assets, and communication systems for ambassadors → Go above and beyond to make sure our ambassadors feel appreciated → Assess success against goal metrics and iterate on existing programs → Establish relationships with current ambassadors →Define short-term and long-term goals for the program(s) Identify key performance indicators → Recruit ambassadors and promote the program → Share insights regularly with the CEO → Outreach to YouTube, Twitter, and Instagram influencers and bloggers Preferred qualifications: BA/BS in Communications, Marketing Knowledge of CRM tools Google Sheets 1+ year of relevant experience Sales experience a plus Passion + Creativity Detail Oriented 💡Please note, we also have these other two positions available that are related. You may apply to the individually only if you're highly skilled in them. ⒈ U.S. Social Media Manager / Analyst: https://www.upwork.com/jobs/~01b3291d1a86237c2b ⒉ U.S. Digital Content Manager: https://www.upwork.com/jobs/~01d70029d8ef7b4e0a less more
Ever since I first stumbled across the Elite Marketing Pro launch just about a year ago, I've completely loved the system. The amount of value that it has to offer in the form of educational marketing material without taking into account the income opportunity is insane. Everything from traffic generation to sales funnel creation to attraction marketing is covered in the training offered through What's Working Now, and the products you get access to as a member.
Internet marketing, or online marketing, refers to advertising and marketing efforts that use the Web and email to drive direct sales via electronic commerce, in addition to sales leads from websites or emails. Internet marketing and online advertising efforts are typically used in conjunction with traditional types of advertising such as radio, television, newspapers and magazines.
"It's already been said, but waking up early and getting things done before other people get online works for me. I also usually do laundry when I work from home and I set mini deadlines for myself corresponding to when I have to go downstairs to switch loads. If I'm working on an article, I tell myself I'll get to a certain point before the wash cycle ends. Then I set another goal for the dryer."
Need a developer with past experience working with affiliate marketers. We are looking for experience with the following platforms/software/traffic sources: 1. Voluum 2. CAKE affilaite platform (NOT Cake PHP) 3. Google Tags Manager / UTM manager Project should be straightforward if you have past experience with this. Will lead to future development projects as well.
Brunson talks about this reverse engineering in his book called, Dot Com Secrets, a homage to the internet marketing industry, and quite possibly one of the best and most transparent books around in the field. Communication is what will bridge the divide between making no money and becoming a massive six or seven-figure earner. Be straight with people and learn to communicate effectively and understand every stage of the process and you'll prosper as an internet marketer.
The truth? Today, rising above the noise and achieving any semblance of visibility has become a monumental undertaking. While we might prevail at searching, we fail at being found. How are we supposed to get notice while swimming in a sea of misinformation and disinformation? We've become immersed in this guru gauntlet where one expert after another is attempting to teach us how we can get the proverbial word out about our businesses and achieve visibility to drive more leads and sales, but we all still seem to be lost.
This broad overview of each piece of the Internet marketing world gives students a firm foundation in the field to help them decide where their interests and talents fit the best. All designers should have an understanding of content creation, while all content specialists should have respect for the design process (See also Content Marketing Specialist). At the more advanced levels of a marketing program, students will hone the skills that are most important to their areas of emerging expertise to create sharp minds and strong portfolios on their way to the workplace.
One of the main reasons why most newbie affiliate marketers give up after 3 months is the fact that they can't build up traffic to their affiliate website. It's a thorn in most marketers' sides, but one that can be easily resolved if you put the effort in. Below I have covered a few areas that will get you good targeted traffic to your affiliate deals.
How to Get It:If you shot the video with your phone, open the YouTube app and hit "send." If you're uploading from a computer, visit YouTube, and click the "upload" button in the upper right corner of the screen. You'll see a place to drag your video file. To enroll in the partner program, click on YouTube settings, check the circle next to "Allow Advertisements," then click on "View Additional Features." On the YouTube monetization page, opt in. Generally, you must earn a minimum before you get paid, and YouTube pays monthly — if you don't earn enough in one month, the balance rolls over.
The only way personal coaching can work is if the system (training course) eliminates the financial motive for the coaches. If they can't make any more money from you after you already paid for that membership/product then and only then you can be sure that the coach is there to help you. But this is not how the personal coaching works in The Super Affiliate Network.
Hello there! We are launching a Native Ad campaign at RevContent to promote a Click Bank affiliate offer and we'd like to use a software called TestEasily to test and track our results. Unfortunately, it's been over 3 weeks of hard work trying to integrate TestEasily with no luck - their support is poor and not as helpful as we would hope. We are currently using a WordPress website and we have the injection code running, however, we need to make sure all tokens are working properly and that the tracking will be accurate once we launch the campaign. This is a small job that could certainly lead to future gigs as we have 4 other campaign to launch using different platforms. Write us a brief message including the word "Blue" on the subject and describe any previous experience you have integrating Test Easily or similar software. The campaign is ready to be launched and we are hoping to get this issue fixed ASAP. Best regards, Rescalla less more
Two other practical limitations can be seen in the case of digital marketing. One,digital marketing is useful for specific categories of products,meaning only consumer goods can be propagated through digital channels.Industrial goods and pharmaceutical products can not be marketed through digital channels. Secondly, digital marketing disseminates only the information to the prospects most of whom do not have the purchasing authority/power. And hence the reflection of digital marketing into real sales volume is skeptical.[citation needed]
A key objective is engaging digital marketing customers and allowing them to interact with the brand through servicing and delivery of digital media. Information is easy to access at a fast rate through the use of digital communications. Users with access to the Internet can use many digital mediums, such as Facebook, YouTube, Forums, and Email etc. Through Digital communications it creates a multi-communication channel where information can be quickly shared around the world by anyone without any regard to who they are.[28] Social segregation plays no part through social mediums due to lack of face to face communication and information being wide spread instead to a selective audience. This interactive nature allows consumers create conversation in which the targeted audience is able to ask questions about the brand and get familiar with it which traditional forms of Marketing may not offer.[29]
It can be difficult (but certainly not impossible) to have a career when suffering from a disability. There can be difficulties just getting to your workplace, never mind all the adaptations that may need to be made once you are there. Then there could be medications, special diets etc. that also need catering for. Worried employers may not even wish to employ you in the first place as they just don't understand your issues. It can be very difficult.
Ad blocking, or ad filtering, means the ads do not appear to the user because the user uses technology to screen out ads. Many browsers block unsolicited pop-up ads by default.[87] Other software programs or browser add-ons may also block the loading of ads, or block elements on a page with behaviors characteristic of ads (e.g. HTML autoplay of both audio and video). Approximately 9% of all online page views come from browsers with ad-blocking software installed,[88] and some publishers have 40%+ of their visitors using ad-blockers.[3]
Social media marketing: In an increasingly connected world where consumers expect the companies they do business with to engage with them, social media is an ideal way to interact with prospects and customers. The key to social media marketing success is focusing on the platforms where you're most likely to find your target market, whether it's Instagram, Twitter, LinkedIn, Facebook, or Pinterest. To make sure you're not wasting time with your social media efforts, develop a strategy and content plan, and research tools that will help make the posting easier, such as Hootsuite or Buffer.
People join email lists because they have an interest. That makes them good sales targets. A giant high-quality email list guarantees that you can sell for other super affiliates. Imagine if you were a super affiliate and I told you that I have an email list of 50,000 names and 5% bought my $100 e-book last month. 50,000 Readers * 5% Response Rate * $100 Price = $250,000. Would you want access to my email list? Would you be willing to pay a 60% commission if it did not cost you anything? Your email list is your invitation to join a super affiliate clan.
3. Super affiliates invest their time in networking with and learning from other successful people, whereas struggling affiliates often try to work alone, or listen to people who have a negative influence on them. In addition, super affiliates try to learn as much as possible from other successful people through books, audio, or DVDs. This is especially important when you're not in a position or location where you can network with other successful Internet marketers face to face.
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Now there is an up-to-date guide for optimizing pharmacologic therapy in treating patients with heart failure. Reflecting current practice at leading medical centers, Heart Failure: Pharmacologic Management provides both the biologic and pathologic underpinnings of each pharmacologic agent in current use. It also supplies detailed discussions of the clinical investigations that support current understanding of the risks and benefits associated with the use of these drugs. Thorough references make the book useful to the novice as well as the experienced clinician.
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Next, the authors consider some controversial drugs:
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Multidrug pharmacy for heart failure therapy
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Entertainment shows still capture big audiences regardless of the country, according to the latest edition of Mediametrie's Entertainment TV Report which examined these programmes in 11 countries.
IPTV continues to rule Spanish pay-TV market
The total revenues of pay television in Spain were €553.4 million in the fourth quarter of last year, according to the latest figures from CNMC.
European Commission launches VOD directory
Lumiere VOD is the first directory of European films to increase transparency concerning the VOD markets, which was launched by the European Commission with the European Audiovisual Observatory who is managing the project.
US SVOD subscriptions to reach 270 million
The number of SVOD subscriptions [for movies, linear channels and TV episodes – excluding other platforms such as sports services] in North America will climb by 110 million from 160 million in 2018 to 270 million in 2024.
Parks: 8% of US broadband households own a VR headset
A new Parks Associates report finds gaming remains the primary use case for VR (virtual reality) headsets.
In Australia gap between linear and SVOD is closing
In Australia, scheduled TV and subscription video-on-demand (SVOD) services have been engaged in a battle for viewers' time, and now the gap between them has closed, according to exclusive research by Ampere Analysis.
Mediametrie: 5.5 million daily SVOD users in France in 2018
Mediametrie's The Global SVOD study reveals that 5.5 million French people aged four years and older use an SVOD service daily, i.e. 9% of the population.
Analyst: Disney+ to rocket to 75 million subscribers
On Thursday, April 11, Disney outlined its plans for its Disney+ SVOD platform. Launching in November, the company expects to reach 60-90 million Disney+ subscribers by 2024, with the US contributing a third.
DTH satellite TV stays on top in Germany
DTH satellite remains the most-used TV reception method in Germany.
Research: Over 30m Americans have never paid for TV
While media attention often focuses on Cord Cutters, new MRI-Simmons research shows that a growing number of Americans have never paid for a traditional TV connection.
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