text:
The Impeachment of Bill Clinton
Bill Clinton was the second U.S. President to be impeached. This happened in 1998–1999.
Article II, Section 4 of the U.S. Constitution reads thus:
"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."
In impeachment proceedings, the members of the House of Representatives serve in the role of a grand jury, deciding whether to bring an indictment against a particular individual. If a simple majority of the House votes for such an indictment, then the individual faces charges of impeachment. Such charges as referred to as Articles of Impeachment. The next step is a trial, and the people deciding the individual's guilty or innocence are the members of the U.S. Senate. The Chief Justice of the United States presides over an impeachment trial. If a two-thirds majority of the Senate votes to convict the individual facing impeachment, then the individual is convicted and removed from office. The Senate can further, by a simple majority, declare that the convicted individual can never again be eligible to hold public office.
Andrew Johnson had been impeached in 1868 but had been acquitted by the Senate. A third President, Richard Nixon, resigned in the face of impeachment proceedings. Another President, John Tyler, was the target of impeachment proceedings with regard to the fiery debate over states' rights, but the full House did not approve the measure.
Clinton had been the target of a harassment lawsuit filed by Paula Jones, who worked for the State of Arkansas when Clinton was Governor of that state. Jones filed the lawsuit in 1994, when Clinton was President. (He had been elected in 1992.) The U.S. Supreme Court had declared that Clinton, even as President, could legally be sued while he was in office.
During the proceedings of the Jones lawsuit, allegations surfaced of inappropriate conduct with other women, one of whom was a White House intern, Monica Lewinsky. Clinton was already under investigation by Independent Counsel Ken Starr in regard to a number of allegations of improper use of federal power with regard to the use of FBI files, the firing of White House employees, and a real estate debacle that dated the 1980s known as Whitewater. Starr expended his investigation to include allegations of Clinton's relationship with Lewinsky and submitted his findings to Congress in a lengthy report.
The House Judiciary Committee, because it had the Starr Report, did not conduct its own investigation. The full House on Dec. 19, 1998, voted to approve two Articles of Impeachment against Clinton. He was accused of lying to a grand jury and of engaging in obstruction of justice (with the allegation being that he had encouraged other people to lie about the nature of his relationship with Lewinsky).
The U.S. Senate, with Chief Justice of the United States William Rehnquist presiding, took up the case, beginning on Jan. 7, 1999. On Feb. 12, the Senate voted on both Articles of Impeachment. In neither case did the "guilty" votes total 67 (the two-thirds of the 100-member Senate needed in order to "convict").


This cheap canvas print indicates the arrivals of the spring as the weather is clear in the print. The trees are green and the leaves are fresh. The spring season is one of the most beautiful seasons of the year, and in this custom canvas print, the clouds over the fields and trees are looking very elegant. This canvas print is designed by the Clarnia store. There is greenery all around the trees in the canvas print. The eight large and fresh trees represent the beauty of the weather. This canvas print is the best one to decorate the wall of your study room and living room.
Interior decor in terms of the canvas print is the best way to beautify the walls of your place. But wait! You are not restricted to get these for the walls rather you can use them anywhere as a perfect ready to go adorn apparatus. As a ready to go embellishment, this painting features single and multiple panels for Cloudy Sky And Green Trees In The Spring Season, Multi Panel Canvas Wall Art, For home and office decor canvas prints wall art Panel Painting. So, it is for the ones who have a keen interest in astronomy or space. Depending on the size and dimensions of the walls, you can get a customized canvas ranging from the alluring singles to ethereal multi panels canvas wall art sets. Canvas from Clarnia would surely add quality and value to the walls with their textures, designs, crafts and ravishing hues. The space based canvas will reflect your taste in art. All the canvas are available in sets of different pieces. It could be a single piece Canvas or a set of 3 pieces Canvas, 4 pieces Canvas set or 5 pieces Canvas Wall Art set depending upon your choice. You can either get the matte printed canvas which adds depth to the walls or in gloss that top up the walls with their lustrous outlook. Revealing about the textures, it can be anything you want i.e. a print, picture, painting, abstract, crayoned, oil painted version etc. Clarnia is offering a wide range of customized canvas prints. All you have to do is, to select your favorite one and then decide the accurate size and we will book your order on your mere click.


text:
"use strict";
const express = require("express");
const router = express.Router();

router.get("/", (request, resolve) => {
    var data = {};
    data.title = `Internetbanken`;
    data.message = `Välkommen till Internetbanken!`;
    resolve.render("index", data);
});
module.exports = router;

redpajama_set_name: RedPajamaGithub


Women from across Gravesham and Dartford will be travelling to a mass demonstration in London to protest the lack of information given to them about their pensions.
The event, taking place on March 8, coincides with Budget Day and International Women's Day.
Women from across north west Kent are members of the national Women Against State Pension Inequality (WASPI) campaign. Trish Ballantyne, a co-ordinator of the north west branch, explained that in 1995, the government changed the law so that the age at which a woman could receive a state pension would move in line with men to 65.
She explained: "Of course we support bringing about equality in pensions between men and women. But the problem is that the government didn't inform women when they made the change in 1995.
Members of the north west WASPI group will be setting off on the day to meet with their fellow campaigners opposite the Houses of Parliament and join in the demonstration, which will be followed by MPs, including, Gravesham MP, Adam Holloway and Dartford MP, Gareth Johnson.
The protest organisers claim they will be making enough noise to be heard in the Commons Chamber while the chancellor is delivering his Budget Speech.
A spokesman for WASPI said the aim of the event is to "bring the pensions plight of 1950s women to the attention of the government. We have worked hard all our lives, many of us from the age of 15, saved and supported ourselves. Now we find that after a lifetime of doing the right thing, through a lack of notice of the pension age changes, the government is taking away our security in retirement. Many of our women have lost as much as £48,000 of pension income and had as little as eighteen months' notice of a six year increase to their State Pension age. It's no wonder that they are calling on the government to make fair transitional arrangements to their new pension age.


text:
How insecurity heightens traveling challenges in Nigeria
Jide Ojo
By Jide Ojo
A popular phrase says 'traveling is a form of education.' This is because it is not only in classrooms that you can acquire knowledge. Traveling provides field experience. I recall my first visit to Jos, Plateau State in 1980 to spend part of my long-term vacation with my uncle residing in the coal city. My elder sister and I travelled by rail. We boarded a train from Ibadan around 9pm and arrived Jos at the dawn of the third day. In the course of the travel, I recall traveling with an exercise book where I jotted the names of all the towns and villages we passed on our way. It was my first travel by train and it was an exciting and memorable experience. Since that time, I don't have to be informed of how cold Jos is. Also, I got the opportunity to visit places of interest in the ancient town.
Since 1998, I have been a development worker or better still a non-governmental organisation staff and later consultant. One thing I like about the job, which does not have job security, is the opportunity to travel. My work in the development sector has afforded me the opportunity to visit 33 out of the 36 states in Nigeria with the exception of Kebbi, Taraba, and Yobe states. It was in 2002 that I first had the opportunity of traveling by air when my former place of work organised a programme outside of Abuja office and we had to fly to Lagos for the workshop. My foreign travels to Geneva, Switzerland, the United States of America, Ghana, Egypt, and Uganda were all made possible by virtue of my work. They were all-expense paid trips. Thus, all the foreign tourist sites I have visited were made possible courtesy of my official assignments outside of the country.
Unfortunately, insecurity has made traveling a nightmare, particularly in Nigeria. Last week, I travelled to Kaduna and Jos and the experience was very unpleasant. My colleagues and I have a two-day workshop in Kaduna scheduled for last week Monday and Tuesday. As it is customary when planning such an event, the arrival of participants outside of town is a day before the workshop. Because of the prevailing insecurity, especially in Kaduna, the organiser of the programme decided to fly me and a few other colleagues to Lagos in order to connect another flight to Kaduna. By the way, I'm resident in Abuja and Kaduna is just less than three hours away. However, due to the frightening activities of bandits who attacked train and abducted scores of people last year, going to Kaduna by rail was ruled out. Also, many abductions have happened on the road linking the Federal Capital Territory to the ancient city; thus it was also considered unsafe to travel by road. So we had to make that Israelite journey to Lagos first and connect Kaduna by flight.
The flight out of Abuja was 6:20 am on Sunday, January 8, 2023. In order to get to Nnamdi Azikiwe International Airport early enough to meet up with my flight schedule I had to leave my home at 5 am. That's an unholy hour for me considering the prevailing insecurity. However, an arrangement was made for a cab driver to pick me at home, so I reluctantly agreed to the early morning travel. Getting to the airport, the airline delayed because its internet server was down so its officials could not check in passengers for some time. Meanwhile, our connecting flight to Kaduna was 9:30 am by another airline. We were on tenterhooks because, missing the connecting flight would mean not being able to make Kaduna that day except we flew back to Abuja or Kano and did hours of road travel to Kaduna which was what we were trying to avoid, ab initio. Luckily, we eventually made it to Lagos at about 8:45 am and were able to board the Kaduna-bound flight. When we arrived Kaduna that fateful Sunday morning I wasn't at peace because if you recall, on Saturday, March 26, 2022, some unidentified gunmen attacked the Kaduna airport, killing an official of the Nigerian Airspace Management Agency, identified as Shehu Na'Allah, at the runway. Although the security at airport has been beefed up, I was still ill at ease.
Well, we safely arrived at our hotel and were checked in. The event was successfully held and we had to leave Kaduna last Wednesday for Jos. That's supposed to be about five hours by road. However, due to frequent abductions and killings taking place around the southern Kaduna axis which is the gateway to Jos, we had to fly to Lagos in order to connect another flight going to Jos. We arrived the Kaduna airport on time but the plane did not. Unfortunately, there's only one airline plying that route at the moment. We had to wait for over six hours before the flight eventually arrived. What was the excuse given by the airline? Operational reason! By the time we arrived Lagos that night, our connecting flight to Jos had left, hence we had to sleep over in Lagos, something not planned for. We lodged at a hotel in Ikeja because the alternate flight we were able to get to Jos was scheduled for 8 am the following day. Knowing Lagos for its notorious traffic we decided to lodge at a hotel not too far from the airport. I was worn out and very tired by the time I slept that Wednesday night. Our plan was to leave the hotel for the airport at 6 am.
Travelling, amazing way to de-stress –Edinyanga Okopide
Buhari slammed for travelling amid rising insecurity
Travelling helps me bond with my family — Paul Obazele
That was not to be. At about 5 am, my colleague, with whom we are traveling together, knocked on my door with the shocking news that our 8 am flight to Jos had been cancelled. Meanwhile, that Thursday was the first day of the workshop in Jos and we ought to have been on the ground on Wednesday. Luckily, the organisation had sent an advance team to Jos on Wednesday to prepare the ground. So what do we do? I asked my colleague with whom I was traveling. She said we had to be on our way to the airport immediately in order to see if there would be an early morning Abuja flight we could hop on and make the rest of our journey to Jos by road! Holy Moses! Road travel to Jos from Abuja? What choice have we?
Anyway, I quickly took a shower, and soon we were at the airport. Luckily there was a 6:30 am flight to Abuja by the same airline. Thus, the airline helped us re-route our tickets to Abuja instead of Jos. We had a safe flight to Abuja and had to hire a car to take the two of us going on that trip to Jos. We eventually arrived Jos at about 2:30 pm and I just managed to check into my hotel room, took a shower, and dressed up to go into the hall where the workshop was taking place. I eventually was the last presenter for the day but, thankfully everything went well. Leaving Jos for Abuja via a 3:20 pm flight last Friday was hitch free, otherwise, perhaps we would have had to sleep over in Jos again and made our trip to Abuja by road.
What a week! What adventurous journeys! The lessons here are multifold. Don't ever travel without extra cash on you for any eventualities. Always prepare for the unexpected. Always have plan B and even C. Looking back at the series of unsavoury events encountered last week, will it have been better to opt for virtual presentation of my papers? Well, that is an option, but it should be last resort. Virtual presentation is devoid of eye contact and body language. There will be no networking with other resource persons and participants and more importantly, no update on realities on the ground in the place where the training, conference or seminar is taking place.
Twitter: @jideojong
US: Memphis police officers unit deactivated after fatal beating
Why philanthropy stops at building a courthouse
World urges restraint in escalating Israeli-Palestinian violence

redpajama_set_name: RedPajamaCommonCrawl


text:
Justia › US Law › Case Law › Mississippi Case Law › Supreme Court of Mississippi Decisions › 1978 › Claiborne v. Greer
Receive free daily summaries of new opinions from the Supreme Court of Mississippi.
Claiborne v. Greer
354 So. 2d 1109 (1978)
Etta CLAIBORNE v. Cecil GREER
Supreme Court of Mississippi.
February 8, 1978.
Zuccaro, Riley, Pintard & Brown, J. Walter Brown, Jr., Natchez, for appellant.
Wise, Carter, Child, Steen & Caraway, Edward J. Currie, Jr., Jackson, for appellee.
Before SMITH, ROBERTSON and LEE, JJ.
LEE, Justice, for the Court:
Etta Claiborne sued Cecil Greer in the Circuit Court of Claiborne County for personal injuries sustained in an automobile collision and, at the conclusion of all the evidence for both parties, the trial judge directed a verdict in favor of defendant. The sole question on this appeal is whether or not the court erred in granting the directed verdict.
The parties agree that the rule applicable to motions for directed verdicts at the conclusion of all the testimony and to requests for peremptory instructions is stated in Paymaster Oil Mill Company v. Mitchell, 319 So. 2d 652 (Miss. 1975), wherein the *1110 Court, in quoting from General Tire and Rubber Company v. Darnell, 221 So. 2d 104 (Miss. 1969), said:
"`The established rule is that when the court considers whether the defendant is entitled to a judgment as a matter of law, the court should consider the evidence in the light most favorable to plaintiff, disregard any evidence on the part of defendant in conflict with that favorable to plaintiff, and if the evidence and reasonable inferences to be drawn therefrom would support a verdict for plaintiff, the jury verdict should not be disturbed. 221 So. 2d at 105.' The quotation above, we believe, expresses the better rule for a peremptory instruction or a judgment n.o.v. since it permits the court to examine the evidence of both parties that is not in conflict, as here, in order to reach a legal conclusion; or stated differently, the jury resolves conflicts of fact the court resolves issues of law arising from nonconflicting facts." 319 So. 2d at 657.
The only witnesses on the issue of liability were appellant, appellee, Wilber Archer, and Officer Rip McKwene. The evidence most favorable to appellant indicated that on February 20, 1976, she was driving her automobile in a northerly direction on Old Highway 61 and approached its intersection with Highway 547 which ran in an easterly-westerly direction. She halted the vehicle at a stop sign located near the intersection of the two highways. A high bank on the east side of Old Highway 61 obstructed her vision as to vehicles traveling west, and she drove the automobile to a point approximately three feet south of the south line of Highway 547 where she stopped again. Three automobiles passed on Highway 547 and appellee, driving a pickup truck in an easterly direction on Highway 547, ran off the south side of the said highway and into appellant's automobile, the right front of the pickup truck colliding with the left front of appellant's automobile. Appellant introduced in evidence nine (9) photographs of the scene. There were no photographs taken immediately after the collision and no physical evidence of the collision was shown.
Wilber Archer had been following appellant in his vehicle prior to the collision. He stopped behind appellant's automobile and was in that position when the collision occurred. Her automobile was knocked against the embankment on the east side of Old Highway 61 and on the south side of Highway 547. Archer did not observe any skid marks or debris on the highways.
Officer Rip McKwene testified for appellee that he arrived at the scene after the collision but before the vehicles had been moved, that he saw skid marks extending from a point in the eastbound lane of Highway 547 to the Greer truck, that there was debris in the eastbound lane and that appellant's vehicle was off the south shoulder of Highway 547 east of Old Highway 61 against the embankment. Appellee testified that appellant did not stop her vehicle and that she suddenly drove out into Highway 547 in his lane of traffic.
Appellee argues that there is no conflict in the physical facts presented by both parties and that such evidence conclusively proves that the collision did not occur in Old Highway 61, but on Highway 547. He cites Gunn v. Grice, 204 So. 2d 177 (Miss. 1967) to the effect that where photographs and debris indicating the point of impact between two vehicles completely overwhelm differing oral testimony, the trial judge is justified in granting a peremptory instruction in favor of the party whose position is supported by the physical evidence. However, in the present case, there are no photographs showing the scene immediately after the collision, the position of the vehicles, skid marks and debris. Those facts appear in the record by oral testimony.
Appellant and appellee gave two entirely different versions as to how the collision occurred. Appellant is corroborated in part by Archer, the only other eyewitness. Some of the physical facts support the version of appellant. On this record, the trial court, applying the rule expressed in Paymaster Oil Mill Company v. Mitchell, supra, considering the evidence in the light most *1111 favorable to appellant, and disregarding any evidence on the part of appellee in conflict with that favorable to appellant, should have determined that such evidence constituted a question for the jury and should have overruled the motion for a directed verdict.
Here, the case was tried in its entirety, with nothing remaining except instructions, arguments of counsel and deliberation of the jury. We remind trial judges that, after cases have been heard, where there are close questions of fact and law, requests for directed verdicts and peremptory instructions should be denied. Often times juries return verdicts which agree with the thinking of the trial judge. After verdict, if the trial judge is of the opinion that he should have granted a motion for directed verdict or request for peremptory instruction, he may then sustain a motion for judgment n.o.v. In the event of an appeal to this Court, the matter probably could be resolved finally without the necessity and expense of another trial.
For the reasons stated, the case is reversed and remanded.
PATTERSON, C.J., INZER and SMITH, P. JJ., and ROBERTSON, SUGG, WALKER, BROOM and BOWLING, JJ., concur.
of Supreme Court of Mississippi opinions.


text:
Yaz is a cryptocurrency technical analyst with over seven years of technical analysis trading experience. As an Economics graduate, he has taken a keen interest in the future potentials of blockchain in the financial industry. Removing crypto from the equation, Yaz loves to watch his favorite football team and keep up-to-date with the latest fights within the UFC.
As is their wont, each faction described the growth of WBTC tokens, whose value is pegged one-to-one against a locked-up reserve of actual bitcoin, as proof of their coin's superiority over the other. The Ethereum crowd said it showed that even BTC "hodlers" believe Ethereum-based applications provide a better off-chain transaction experience than platforms built on Bitcoin, such as Lightning or Blockstream's Liquid. Bitcoiners, by contrast, took it as confirmation that people place greater value in the oldest, most valuable crypto asset, than in Ethereum's ether token.
Demeester was responding to a tweet by popular trader Peter Brandt, who had commented on an ETH breakout earlier this week, and predicted further altcoin gains against Bitcoin in the near future. This, combined with exploding demand for decentralized finance (DeFi) applications on Ethereum in recent weeks, had given investors cause to be optimistic.
More importantly, though, the Bitcoin and Ethereum networks are different with respect to their overall aims. While bitcoin was created as an alternative to national currencies and thus aspires to be a medium of exchange and a store of value, Ethereum was intended as a platform to facilitate immutable, programmatic contracts, and applications via its own currency.
That network now sustains its financial system, a decentralized microcosm of the massive traditional one. It takes tokenized versions of the underlying currencies that users most value (whether bitcoin or fiat) and provides disintermediated mechanisms for lending or borrowing them or for creating decentralized derivative or insurance contracts. What's emerging, albeit in a form too volatile for traditional institutions, is a multifaceted, market for managing and trading in risk.
The transaction, which may be viewed via Etherscan, an Ethereum (ETH) blockchain explorer, confirms that a "blacklist(address investor)" function was initiated on June 16, 2020, by 0x5dB0115f3B72d19cEa34dD697cf412Ff86dc7E1b, which is an address that's controlled by CENTRE, the Coinbase and Circle backed entity responsible for issuing the USDC stablecoin.
Speculators have often pushed the cryptocurrency market forward by merely selling their crypto-assets for fiat profits. However, Ethereum's budding ecosystem allows for money to be spent and earned within its own internal economy. Although we are still a long way away from maturity, once Ethereum scales, these positive developments will surely accelerate.


This entry was posted in Access Control, Ontario Laws and Code Compliance on February 18, 2014 by Aim Lock and Safe.
In Ontario, the privacy of an individual's personal information used by public institutions is covered by specific provincial legislation. Ontario also has separate legislation for health care providers, but nothing specifically for private organizations.
In the latter case, client, employee or patient information privacy is covered by Canada's Personal Information Protection and Electronic Documents Act abbreviated as PIPEDA.
Besides enforcing standards as to collection methods, and requiring disclosure of what information an organization collects and its use, these acts also require that an organization safeguard such information.
To prevent unauthorized access to data such as credit card numbers, social insurance numbers, birth dates, medical or legal records.
To ensure that an individual can access their personal information at any time as required by law.
To protect an organization's investment in these data and to preserve an audit trail if a complaint is made or a data breach occurs.
Collected personal information may come in many forms including paper, hard drive records, digital storage media and imprinted objects such as identification tags. Access to all such media must be restricted and tracked, which requires high quality locks, fire-resistant cabinets and access control devices that are either manual or electronic.
1. Physical files, disks or other digital media should be kept in a strong cabinet with pick-proof locks.
2. Self-closing, self-locking doors should be used to secure the room in which the media cabinets are placed.
3. Control access to the media room by electronic means, such as a card reader.
4. Do not allow modifications or copying of personal data without auditing safeguards.
5. Use only a highly reputable firm for off-site or on-site shredding or wiping of media that are being disposed of.
If the destruction is on-site, an employee should monitor the process.
6. All employees require education on privacy requirements and should sign a confidentiality agreement.
7. Computer hard drives containing personal information must be encrypted.
8. Computer network infrastructure must prevent unauthorized outside access.
Should client, employee or patient information be compromised or misused, the organization may find it is unable to comply with an individual's request to view their information as law requires. In cases where private data are improperly shared with third parties, the organization may face legal action against it.
In recent years, there have been several high-profile privacy lawsuits. Netflix settled a class action suit for $9 million for maintaining viewer's selections long after they had canceled their subscriptions. Advocate Health in the U.S. is being sued for a data breach of 4 million medical records resulting from the theft of unsecured, unencrypted laptops.
Our team helps you ensure that private client or employee records are stored and accessed securely by reviewing your current security setup and suggesting improvements if necessary. Call today for a free consultation to make certain your data safeguards are the best possible.


I have been a teacher across all grade levels for many years. I have a B. A and M.A, in History and a Clear Social Science Credential. Besides teaching history/social studies and language arts classes at the middle and high school level. I have taught fourth grade for ten years. I currently work at a private elementary school in Los Angeles, as a Media Literacy Specialist. I have naturally turned to using technology in the classroom as it became available to my school. I have always been an early adopter and worked at the forefront to bring technology into the classroom. I piloted a laptop program at the elementary level and integrated technology across the curriculum. I became a Google Certified Teacher in 2008 and actively present at conferences. I am a graduate of the MALT (Master of Arts in Learning Technology) Program at Pepperdine University.


text:
393 F. 2d 903 - Adams v. United States
393 F2d 903 Adams v. United States
Walter ADAMS, Appellant,
UNITED STATES of America and California Stevedore & Ballast
Company, Appellees.
United States Court of Appeals Ninth Circuit.
April 9, 1968.
Van H. Pinney (argued), Dorsey Redland, John A. McGuinn, Jr., San Francisco, Cal., for appellant.
Gerald A. Falbo (argued), Admiralty & Shipping Section, Department of Justice, John F. Meadows, West Coast Office Admiralty & Shipping Section, Attorney in Charge, Cecil F. Poole, U.S. Atty., Partridge, O'Connell, Partridge & Fall, San Francisco, Cal., Edwin L. Weisl, Asst. Atty. Gen., Civil Division, Washington, D.C., for appellees.
Before POPE, BROWNING and DUNIWAY, Circuit Judges.
POPE, Circuit, Judge.
This action was brought in the court below by a libel in personam seeking damages for personal injuries sustained by the plaintiff, appellant here, aboard the USNS PVT. JOSEPH MERRELL, here called MERRELL, while he was engaged as a longshoreman in loading cargo. The libel stated two causes of action: unseaworthiness of the vessel MERRELL and negligence of the defendant United States. In its answer the United States denied the allegations of the libel and impleaded California Stevedore and Ballast Company, plaintiff's employer, as third party defendant.
At the time in question, appellant was a member of an eight man gang stowing boxed ammunition into the wings of the hold of the ship. The loading process consisted of stowing large 'conax' vans, seven to nine feet in height and then stowing smaller cargo on top of the vans in an area between their top and the ceiling of the hold. When plaintiff received his injuries he was in the process of assisting with the stowing of small boxes of ammunition on top of the conax vans in the manner mentioned. He was operating a fork lift truck in the No. 2 hold and also assisting in hand-stowing the small arms ammunition into the wings. On the forks of the fork lift truck he was operating he hid a pallet load of boxed small arms ammunition. He drove the truck to a place where he could raise it to the level of the top of the conax, a height of between seven and nine feet; he then turned off the engine, dismounted, blocked the wheels of the truck and then climbed up to the pallet board and attempted to walk to the cargo table along the edge of the pallet board. At this time he fell, receiving the injuries of which he complains. The pallet board was so loaded that it left a narrow edge of six to eight inches on which he could walk.
The plaintiff tried his case on the theory that the pallet board was insufficient and broke permitting him to fall. Thus he asserts that he is entitled to recover for unseaworthiness. No one witnessed the fall but a longshoreman testified that he observed Adams lying on the deck and observed a piece of wood of two inch thickness which apparently had broken off the pallet board. The pallet board was constructed of boards of two inch thickness.
The findings of the trial court recite that 'it is unlikely that a two inch board would have broken. However, it is not necessary to determine if the pallet board broke or if Adams merely slipped, to dispose of this case.' The court then referred to safety and health regulations for longshoremen promulgated by the U.S. Department of Labor, (29 CFR Part 9), which provide that 'pallets shall be of such material and construction and so maintained as to safely support and carry loads being handled on them.' It found that this pallet board measured up to that standard; that it did safely support and carry small arms ammunition; and it interpreted the regulation as not requiring the pallet board to be sufficient to carry a man standing on its edge in addition to the load of ammunition.
The court then proceeded to describe the manner in which the eight members of the gang employed to hand stow the cargo were disposed. The court described the manner in which they operated, referring to it as the 'four on, four off' system. Under this system, which was in effect at the time of plaintiff's injury, four men of the eight man crew, were working while four were resting and sitting around. Under that arrangement four men would work for an hour while four were doing nothing, and then the four idle men would work the next hour while the first group of four rested for an hour. Because of this the court found that it became necessary for the plaintiff to leave his fork lift operator's seat to assist in the hand stowage of the cargo, and that if eight men were working on this task this would not have been necessary.1
The court found that the system just described rendered the operation unsafe; that with four men on and four men off, in the manner indicated, there were insufficient number of men present to safely do the work. The court held that if prudent and safe practices had been followed whereby all eight men in the gang were available for the stowage, plaintiff would not have had to leave his fork lift operator's seat as there would have been two men available to unload the pallet board without having to call on plaintiff to assist.
Included in the court's conclusions of law was the following: '4. The sole cause of the accident was the plaintiff's own actions in engaging in the 'four on, four off' system of performing work and in leaving the driver's seat of the fork lift truck with a loaded pallet board suspended in the air.' Thus the court made it plain that its conclusion was that the accident was caused by the failure to use a sufficient number of longshoremen in the loading process.
The court's findings thus demonstrated a typical case of unseaworthiness. It is well settled that an unsafe method of work creates liability for unseaworthiness. Splosna-Plovba v. Garcia, 9 Cir., Feb. 6, 1968, 390 F.2d 41; Blassingill v. Waterman Steamship Corp., 9 Cir., 336 F.2d 367, 369; Mahnich v. Southern S.S. Corp., 321 U.S. 96, 103; and discussion in Gilmore & Black, The Law of Admiralty, 6-39. Cf. Belships Company, Ltd. v. Bilbao, 9 Cir., Feb. 27, 1968, 390 F.2d 642. It does not appear from the record whether the shipowner had notice of this unsafe method of work but such notice of unseaworthy condition need not be given to the shipowner in order that liability for unseaworthiness may attach. Mitchell v. Trawler Racer Inc., 362 U.S. 539, 549-550, 80 S.Ct. 926, 4 L.Ed.2d 941; Alaska Steamship Co. v. Petterson, 347 U.S. 396, 74 S.Ct. 601, 98 L.Ed. 798; Lahde v. Soc. Armadora Del Norte, 9 Cir., 220 F.2d 357, 360; Huff v. Matson Navigation Co., 9 Cir., 338 F.2d 205, 215; Boudoin v. Lykes Bros. S.S. Co.,348 U.S. 336, 75 S.Ct. 382, 99 L.Ed. 354, and discussion in Black & Gilmore, Law of Admiralty, 6-44 at 331-332, n. 251.
It is plain therefore that the court was in error in concluding that there was no proof of unseaworthiness in this case. The question then arises as to what further steps must be taken to bring this cause to a conclusion. The language used by the court in the last quoted portions of its conclusions would indicate that it was of the view that the plaintiff ought not to have participated in this 'four on, four off' procedure. Of course, if the court were to find the plaintiff guilty of negligence, such negligence might operate under the rules applicable in admiralty to reduce the plaintiff's recovery. Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 408, 71 S.Ct. 202, 98 L.Ed. 143. However, we are of the opinion that the findings in this case disclose that there was no duty on the part of the plaintiff to refrain from participating in the 'four on, four off' procedures. In the language of the court 'this was a customary practice for the last twenty years in the San Francisco Bay area.' Moreover, plaintiff was not a gang boss and had no control over the procedures or modes of loading the ship.
We think that particularly applicable here is the language used by the court in Ballwanz v. Isthmian Lines, Inc., 4 Cir., 319 F.2d 457, 462, as follows: 'The plaintiff was one of a gang of eight longshoremen working in the hold of the defendant ship. He had no responsibility for, or authority over, any of his fellow workers. His duty was to do his work as he was instructed. He was in no sense obligated to protest against the method of operation which he had been instructed to follow or to devise a safer method, nor was he obligated to call for additional or different equipment. If the doctrine of seaworthiness means anything, it is totally repugnant to the doctrine of assumption of risk on the part of seamen. The plaintiff in this case was at the very bottom of the hierarchy of command, and the effect of the charge was to place too much responsibility upon him for the over-all operations of the stevedore. The courts have held that where a seaman has a choice between a seaworthy or an unseaworthy part of a ship his use of the latter will not relieve the owner of his responsibility. * * * Certainly if a seaman may deliberately choose an unseaworthy part of a ship without losing his right of recovery then he is under no obligation to complain about his orders or to insist on better equipment.'
The damages recoverable by the plaintiff are not subject to any reduction because of any negligence on his part. But there are remaining issues requiring findings of the trial judge. Although the court made allusion to some of the damages suffered (something not appropriate in view of its finding of no liability), yet no reference was made to the possibility of plaintiff having experienced pain and suffering. Such would be recoverable. A. H. Bull Steamship Co. v. Ligon, 5 Cir., 285 F.2d 936, 938, 88 A.L.R.2d 479; Nicroli v. Den Norske Afrika-Og Australielinie, etc., 2 Cir., 332 F.2d 651, 653; Thompson v. Calmar Steamship Corporation, 3 Cir., 331 F.2d 657, 662.
Another issue remaining to be tried by the court is raised by the petition of the United States under which California Stevedore and Ballast Company was brought into the case through the assertion of the United States that California Stevedore and Ballast Company was employed to perform the stevedoring services aboard the vessel; that it undertook to perform such service in a safe workmanlike manner and took exclusive custody and control of the holds, hatchways and decks in the cargo areas. It is the claim of the United States that if plaintiff sustained injuries, as he alleges, those injuries were proximately caused by the negligence and carelessness of the impleaded respondent; and if the United States is under any liability by reason of injuries to the plaintiff, such liability should be borne by the impleaded respondent by way of full indemnity.
This claim of the United States against California Stevedore and Ballast Company based on a warranty of workmanlike services is set forth in the pretrial order as an issue to be tried. It and the question of damages remain to be tried and the cause is now remanded to the district court with directions to proceed to try such issues on further hearing.
The judgment is reversed and the cause is remanded for the purposes herein stated.
The court said: 'It is self evident that such a system is little more than wholesale cheating by the longshoring gang which resulted in an insufficient number of men to safely do the work.'


The free 15-point service check-up is offered at participating Petron service stations and car care centers nationwide and is part of Petron's safety advocacy to help motorists prepare for safe, worry free travel. The free safety check, which covers tire pressure, oil and radiator water level, and brakes inspection, helps ensure that vehicles are roadworthy and in good running condition. No purchase is required to avail of these services, which is available to all motorists, absolutely free of charge.
Petron Lakbay Alalay's commitment to promoting road safety for everyone is assured with the assignment of a dedicated mechanic assigned to render the free vehicle check at all participating service stations nationwide. All you have to do is drive into one of the 118 stations displaying the Petron Lakbay Alalay Free Safety Check streamer. There are 48 participating stations in Metro Manila, 16 stations in northern Luzon, 10 stations in southern Luzon, 29 stations in the Visayas, and 15 stations in Mindanao.
In addition to the free safety checks, Petron volunteers and partner expressways will offer emergency roadside assistance in strategically-located Petron stations and base camps inside the major tollways including North Luzon Expressway (NLEX), Subic-Clark-Tarlac Expressway (SCTEX), South Luzon Expressway (SLEX), Star Tollway, and Coastal Road.
Petron employees and dealers have also signed up for selected "Weekends of Volunteerism" during the summer holidays as their way of reaching out to Filipino motorists and giving them the Petron service that they deserve.
Summer road-trippers will be pleasantly surprised with Petron's promo tie-up with the major tollways, billed as "Tollways Instant Win - Free Bunot". Every Sunday until the end of May 2011, customers who fill up with P1,000 worth of any Petron fuel gets a chance to win instant prizes such as Cool Air gum, Tiger biscuits, Magnolia water, Magnolia chocolait, and San Mig coffee. This promotion is further intensified during Holy Week as it becomes a daily activity in the participating stations.
Petron Lakbay Alalay is celebrating its silver anniversary this year and is the longest-running motorist assistance program in the country. Run by Petron employee-volunteers as part of the company's "volunteerism in action" philosophy, the pioneering public service activity has been replicated by other automotive and oil companies. The term Lakbay Alalay has, in fact, entered daily terminology as a generic term for various motorist assistance activities offering free mechanical help, communications support, medical services, clean restrooms and other services. Lakbay Alalay is a registered trademark of Petron Corporation.
Toyota Motor Philippines Corporation (TMPC) in cooperation with its dealers, partners, and suppliers is proud to announce the 2011 Toyota Motorist Assistance Campaign for the motoring public this Holy Week.


text:
Screenprinting Shop
Readworthy
Book Talk, Thoughts
Well, hi there! I know, I know… it got quiet on here for a little while. But I'm back! And never fear, books have still been devoured and enjoyed in the mean time. Here's a few noteworthies I've read lately:
The Space Between the Stars by Anne Corlett.
Humanity has spread through the stars, but that doesn't stop a virus from wiping out most of humanity. What happens when you're maybe the only person left on your planet? The premise of this was promising, right at that crossroads for big ideas and human experience. And the human part played out well. I thought the characters were, for the most part, well-developed and real. There were some poignant moments and some achingly true inner thoughts and feelings. The plot is where this story lost ground. It started off strong, but eventually devolved into preaching about a person's right to choose their own life. I don't even disagree with that notion, but the repeated hammering of that got old quick. I thought the big ending of the plot was contrived and a bit obvious, but that the epilogue-like afterwards was nice. The writing style throughout, at least, was really well done and beautiful.
3.5/5 stars.
Akata Witch (#1) by Nnedi Okorafor.
This is a YA fantasy steeped in the culture and mythology of Nigeria. I'll admit upfront I'm not too familiar with either of those, so it's likely I missed some nuances or references along the way. That didn't stop me from really enjoying this book. It's the story of Sunny, a young girl who feels like she doesn't fit in anywhere. Of Nigerian lineage, but born and raised in America, and an albino to boot, Sunny's transition to living in her parents' native land isn't smooth. Especially when she sees something in a candle flame and learns exactly what she is. This leads her to a new group of friends, and a new world hidden behind the familiar one. It's thrilling, but dangerous, and there's more at stake than her and her friends know. The story is well-paced, and has the feeling of magical realism. There's a lot of unexplained feelings and bits, so if you're looking for everything to be spelled out for you, this isn't your read. But if you'd like to step into a different kind of fantasy adventure, give this a try.
4/5 stars.
Mask of Shadows (#1) by Linsey Miller.
Sallot is the last living person from a destroyed homeland. Revenge is the name of the game, and the path to that is to win a position as one of the queen's assassins. That means coming out on top in a literal battle to the death between the contenders. This book was ok. It was entertaining enough to keep me going, despite some drawbacks. I didn't buy that Sallot – a thief with no training or previous inclination towards murder – would last a day in a competition of assassins. So right from the start, I'm not fully on board. Throw in some insta-love, positions named after gemstones, and knowing (of course!) how this book #1 will end, and it all felt a bit juvenile. Still, Sallot was an interesting character and the hints of world-building we get in book #1 could be built upon. The way the author handled gender fluidity was well-done, too. I'd be interested to see if this series and Sallot mature with book #2.
The Remnant Chronicles trilogy by Mary Pearson.
Three kingdoms hover on the brink of war. An arranged marriage between two of them would bring some much needed stability to the land. Except the princess wants no part of it. Nor does the 3rd kingdom. When Lia runs away on her wedding day, her intended prince and an unknown assassin are set to track her down. Add in magic, destiny, and the ever complicated workings of the human heart, and the stage is set for a YA fantasy adventure. The gimmick of book 1 annoyed me some. We have 3 narrators: the princess Lia, the prince, and the assassin. Lia is the only one whose name we know. When the other two show up in Lia's narration, there's the whole 'which one is which?' between the two young men. I call it a gimmick because it's OBVIOUS. Happily, books 2 and 3 do not follow that pattern, and I was able to enjoy them much more. Overall, I quite liked this series. The characters are well done. With one glaring exception, they are complex and believable, and we see a good mix of humor, strength and mistakes from them. The plot is nicely segmented between each book and there's a good build. I did feel the final battle/climax of the story happened a bit too easily and quickly, but aside from that these were a good read.
Apparently I was on a strong female lead kick. 😀 No apologies for that. Up next I'm digging into my pile of ARCs, and maybe finally bringing myself to read the final Fitz book (which I've been putting off because I don't want that series to end).
Book Review: Dark Matter
Dark Matter by Blake Crouch. After being attacked and abducted, physics professor Jason Dessen wakes up in a life that is not his. Or at least, not his life as he remembers it. It's a version of what his life could've been if, say, 15 years ago different decisions had been made. Trying to navigate this new life while figuring our how he got there, if the life he remembers is real, and whether he can get back to it and the family he loves soon lands him in worlds of trouble. Literally and figuratively. What follows is a tense […]
Book Review: All Our Wrong Todays
February 9, 2017 No Comments
All Our Wrong Todays by Elan Mastai. Tom lives a aimless, drifting life in 2016. Except it's not our 2016, it's the 2016 that would exist if humans had discovered unlimited clean energy decades ago. In other words: the sci-fi future we've dreamed of since the 1950's, complete with flying cars and moon bases. This power source has even led to a breakthrough in a new field: time travel. Tom's father heads up that project, and got Tom a nominal job on the team in an attempt to give his life some structure. When a seemingly minor event dominoes into […]
Book Review: Raven Song
Raven Song (Inoki's Game #1) by I.A. Ashcroft. A century from now, after widespread nuclear war, humanity is clinging to a few select cities, kept safe from radiation by their force field domes. Jackson is a legit businessman and less-legit smuggler, making ends meet and sailing through life. And it would be smooth sailing, except for some troubling dreams, hallucinations of extinct ravens, and his own finicky magic. Then a big government contract lands in his lap, and it's too good to pass up. Except the cargo is not a thing, but a person. And she is definitely not normal, […]
Book Talk, News
Book Review: Ninth City Burning
Ninth City Burning by J. Patrick Black. The future of Earth is threatened when an alien race suddenly appears in our skies, wielding a power we have no idea how to combat. Cities disappear, and it looks like the planet will be overrun, when humanity discovers it can wield this new power, too. Or at least, some humans can. Enough to fight back. This sparks a centuries-long war spanning planets and realms. Things are much the same year after year, with each side gaining and losing ground again and again. Then the tactics of the alien force change, ever so […]
Book Review: The Fire Sermon
The Fire Sermon (The Fire Sermon, #1) by Francesca Haig. Some time in the future, a nuclear disaster devastates the world. 400 years after that, humanity is still around but has been changed drastically. Every single person is born with a twin. One twin comes out healthy and 'normal' (the Alphas) and the other inevitably has some kind of deformity or abnormality (the Omegas). And despite society's best efforts to segregate these two types, one hard fact remains: whenever one twin dies, so does the other. They are irrevocably linked. When Cass and Zach are born, it's not clear which […]
Book Review: Steelheart
Steelheart (Reckoners #1) by Brandon Sanderson. I'm a fan of Sanderson's Mistborn books, and his Stormlight Archives series so far. And while I never finished the Wheel of Time series (as of yet), I heard he did good things with it after Robert Jordan's death. So I've long been meaning to try out his YA series, Reckoners. My recent roadtrip saw me armed with the audiobook version to see me through the first long drive. Let me just say that the narrator (MacLeod Andrews) did an awesome job. Each character had a distinct voice, and he carried off the female […]
I'm a self-employed graphic designer by day, and a crafty hungry bookworm by night. Dragonflight Dreams is where I write about books, recipes, internet goodies, life things, crafty projects, Austin happenings, and more.
Want DD in Your Inbox?
Subscribe to blog posts, and be the first to hear of new designs, upcoming sales, and craft events! First Name Email address: What kind of news would you like? New Blog Posts Shop News & Specials
Visit My Shops
Share book reviews and ratings with Amanda, and even join a book club on Goodreads.
Amanda has read 1 book toward her goal of 100 books.
Types of Happenings
Types of Happenings Select Category Austin Book Talk Design Files Friday Favorites Gift Swap Giveaway Life News Pretty Things Projects Recipes Shop Talk Sponsorship Thoughts Tuesday Treasure Trove What I Wore
Copyright © 2020 Dragonflight Dreams


text:
About 700 Lithuanian statutory officers attend training to deter "little green men"
Nearly 700 Lithuanian border guards, police officers and public security officers on Tuesday attended a training to deter attacks of the so-called "little green men" near the country's borders.
Lithuanian officials train to repel raids by foreign saboteurs in Šalčininkai
Under the tactical training scenario worked out by instructions from Interior Ministry Eimutis Misiūnas, special forces of a country hostile to Lithuania have illegally crossed the border and readied to take over one of the border checkpoints and the Šalčininkai police station.
"There was a simulation of intrusion of the little green men into Lithuania's territory and their getting off a train," Misiūnas told journalists after the training.
"Little green men" was a term used to describe Russian troops who assisted annexation of Ukraine's Crimea peninsula in 2014. The minister, however, did not confirm that the exercise was intended to deter Russian saboteurs.
Chiefs of the police, the State Border Guard Service and the Public Security Services were the only ones notified of the exercise, while ordinary officers and operators of the emergency center did not know this was a training.
Lithuanian officials train to repel raids by foreign saboteurs
Lithuanian border guards, police and public security officers are training to repel cross-border...
Intelligence: Lithuania's Tatars targetted by Russia, Muslims abroad
Russia aims to boost it influence upon the Tatar community in Lithuania and take advantage of the...
Our Eastern neighbours in their wellies show us how far we've come
President Grybauskaitė: Lithuania is ready to defend itself
President Dalia Grybauskaitė said on Monday that Lithuania was ready to defend itself in the event...
Municipality says InterMin exercise fuels hostility against Poland
Municipality of Šalčininkai , southeastern Lithuania, on Friday dismissed as provocation the recent...
Drill scenario didn't involve proclamation of Šalčininkai republic
The scenario of a recent exercise organized by the Lithuanian Interior Ministry did not envisage the...


text:
Disney Infinity is dead as Disney exits game publishing
Avalanche is being shuttered and 300 jobs are now lost as a result
James Brightman
Disney is effectively no longer a game publisher, and the company announced during its second quarter earnings that its toys-to-life franchise, Disney Infinity, would be discontinued. Disney's chairman of consumer products and interactive media, Jimmy Pitaro, indicated that the company would incur a $147 million charge as a result of the shutdown of Disney Infinity studio Avalanche; 300 employees are now out of work.
"This was a difficult decision that we did not take lightly given the quality of Disney Infinity and its many passionate fans," he said.
Disney said that it's now looking at the video games business exclusively as a licensing opportunity, so games based on properties it owns, like Star Wars, are of course still receiving games (such as those from EA), but Disney itself no longer has any interest in publishing them. The company also cited a "lack of growth" in the toys-to-life market. While the sector grew seven percent in the US in 2015, analysts have noted that the market could shrink in 2016, and clearly Disney Infinity was already feeling the pinch.
As for current Disney Infinity owners, Disney said it will still release the character playsets for the films Alice Through the Looking Glass and Finding Dory. Playsets for the upcoming Star Wars: Rogue One had been in the works, but those will never make it to retail now. It'll be interesting to see what moves Activision makes with Skylanders and how Nintendo's Amiibo line holds up in a shrinking toys-to-life market.
Overall, Disney's toy and gaming division saw sales drop two percent to $1.2 billion, while operating income declined eight percent to $357 million.
If you have jobs news to share or a new hire you want to shout about, please contact us on newhires@gamesindustry.biz
Disney shuts down Club Penguin copy over abusive messages and "e-sex"
UK police arrest one man involved on suspicion of possessing child abuse images
Disney wants developers to "reimagine" its IP for video games
Exec invites DICE Summit attendees to "come and play" with its catalogue
Latest comments (14)
James Berg Games User Researcher 4 years ago
Ouch. Best of luck to those who are losing jobs :(
Greg Wilcox Creator, Destroy All Fanboys! 4 years ago
Geez... this was unexpected, but not so unexpected. The TTL market is flooded to the point people have been dumping stuff on auction sites and it just sits there untouched. of course, this news will set the hounds loose to grab up the final sets and hoard them to rake in a profit down the road. But a lot of folks don't have the money to buy this stuff, so paying even more of a premium will be the stuff a collector's dream is made of.
Anyway, high hopes that those 300 jobless aren't having to live a Spartan existence. Get back into the field and into the fight soon!
Sean Kauppinen Founder & CEO, IDEA4 years ago
Wishing all of the Avalanche employees the best and hope their talent is seen and picked up by another publisher with category management skills.
This didn't need to happen. The fact is, the category will now shrink because there will be less products in the market. That, however is not reflective of the level of interest in connected toys.
There is a lack of innovation among the second generation connected toys. For the first generation, please see Zowie Toys back in 1997. Most of the current offerings are the same with different licenses.
Skylanders will also not have a new product this year due to weak demand as they put it.
My opinion is this is mostly category mismanagement. The toys are overproduced with too many varieties available at the same time. Lines need to be limited by units and time so that they create an aspirational experience and scarcity. Disney created "The Disney Vault" - a way to bring out their films during the VHS era and sell them for a limited time and then retire them for years. They have the formula and they aren't using it.
Instead, we get every possible idea in a product line launched at once and then small incremental changes over the annual cycle. With so much production, no sense of limits or rarity, and the ability to buy pretty much every toy on sale anytime if you just look, they have failed to build and maintain their IP.
There is virtually no collectibility, so again, very limited reasons to buy more of the same.
Anyway, there is a market for smart toys, and it is growing, but you need innovation, category management and a strategy to sell through any inventory.
All that aside, I again want to express my hopes that the team members find new opportunities quickly. They have skills that should be in demand by Hasbro, Mattel and other companies that have the points stated above, more dialed in.
Edited 3 times. Last edit by Sean Kauppinen on 10th May 2016 11:46pm
11Sign inorRegisterto rate and reply
Show all comments (14)
kevin williams , KWP Limited4 years ago
First off, I wish all those that are affected by this news a successful resolution of their position.
But from an observational aspect, this is yet another example of the inability of Disney to understand what they have, and to apply the correct leverage to maximize it. Too many inexperienced chiefs and not enough experienced Indians?
This is now the latest 'removal' from interactive digital entertainment by the conglomerate, and each time they stumble no one seems to learn from the situation - more often the gate-keepers take a incredibly large 'Golden Parachute' paid for by us investors, and leaves the office with no retention of knowledge. Creating the perfect storm for the next executive to walk in and make the "same mistakes as his predecessor"!
We know there is now a group within Disney looking to try and jump into VR - lets hope that they have at least been briefed on what went wrong the last time, so they do not end up under the 'Avalanche!'
eoghan dalton Creative Director & Co-founder, Studio Powwow4 years ago
Does this mean they will no longer publish for mobile or does the closure effect console only? A number of other outlets are reporting the latter.
The big issue here is/was, we're in the era of "everyone MUST be served" and I'm betting Disney was aiming to please and that backfired a wee bit too much. They handled this not in the same way they handle their films where they dip a toe into the vaults and drop classics out for a limited time, then shut the doors for a while. TTL fans did have some issues at the beginning with collecting some figures (if my friend with an almost complete set noted earlier today), but I'd say that became less of an issue between the resale market and DIsney keeping up with demand.
I'm gathering Disney decided to up their TTL output so no one or as few no ones as possible were running across the country trying to find a super-rare Cosmo Kramer Mickey or whatever. The problem seemed to be too many of those and assorted other extensions hitting the market faster than parents could buy them as not every Disney fan wants EVERY Disney toy.
THAT said, I'm surprised they didn't at least let the now killed off Rogue One line be the last stand. As a final product, I bet it would have been a complete sellout all over the place if enough lead time was given for fans to reserve a set or two each (as a defined limit to "prevent" hoarders from cashing in)... Ah, well...
Paul Jace Merchandiser 4 years ago
This sucks as Disney Infinity was one of the products my company did merch work for. But more important than that is of course those 300 employees finding new employment. Hopefully another company offers them an invite.
As for Disney, since they are only interested in licensing their properties to others to make video games I wonder if they'd license out their Split Second video game property. I loved the first game and heard that a sequel was in the works before they shut down Black Rock studios. Someone needs to continue that series because it really was a great alternative racing experience.
Morville O'Driscoll Blogger & Critic 4 years ago
Damn, sucks for Avalanche. :/
TTL seemed weird - it's like they want the collectors out there, chasing limited editions, but at the same time, didn't want the bad PR that that might have drawn. Reminded me of comics in the '90s - issue 1s and collectable covers everywhere, but because of the high-print runs and second-hand market, nothing was ever valuable.
Disney said that it's now looking at the video games business exclusively as a licensing opportunity [...] but Disney itself no longer has any interest in publishing them.
Does anyone have any idea how this is affecting LucasArts publishing and games Disney has a piece of? I skipped buying the X-Wing and TIE Fighter games over the May-the-4th Steam sale, but if past experience is anything to go by, they're going to get pulled now, with this news. (The publishers for quite a few games on Steam are listed as: LucasArts, Lucasfim, Disney Interactive).
Edited 1 times. Last edit by Morville O'Driscoll on 11th May 2016 7:26am
Alfonso Sexto Lead Tester, Ubisoft Germany4 years ago
Ouch! Indeed this comes a bit out of nowhere. I though Disney Infinity was working fine as a product! :(
Reminds me of what happened with Black Rock Studios a few years ago.
Robert Bantin Snowdrop Audio Architect, Massive Entertainment4 years ago
This is a replay of Disney Blackrock: Build a big studio to make new IPs, get them out to market, realise they aren't making pure profit, shut down the studio. Studio Gobo was a Blackrock remnant that ended up getting Disney as their main client. The story doesn't report this but I bet they're in trouble too - they were also working on Disney Infinity. *Sigh
Benjamin Solheim Sole Shareholder, ESPN4 years ago
three hundred people let go compared to the thousands of long time employees fired to get infinity out the door, is really just the final death sigh of a company that had an idea and tried to hire people with big ideals and no loyalty to the company. Avalache was working on inifinity for years before they hired a who ever let Alex Alverza(forget how to spell his last name) walk through their studio, who then applied to zoic studios to take and idea and get zoic to make it happen, all in 2009... the guy was great concept artist but having seen both concept arts pieces before the launch of both games... it is clear that both companies hired people with no concept of what it means to work for a company. I have no idea who got the credit eventually since sleazy people tend to rip off people who steal from other people, figuring they will never speak up... but Disney media group had going away parties every week for a group of people laid off to hire more people to work on infinity and to cover the budget over runs... they fired their entire brain trust and experienced people because my guess is that they were trying to get rid of who ever leaked the concept art from avalanche... all while trying to get the design they spent so much time on shipped as a product since they sunk so much money into it.
Fun thing, those toys have shares written onto the chip of certain toys. They wanted to have a back up copy of the shareholders so linked the shares to their video game accounts and told the share holders to make sure it was played first on their video game accounts... so some parents may have linked their shares to their kids accounts... I wonder how many people are going to toss the toys with thinking about that.
Edited 1 times. Last edit by a moderator on 12th May 2016 10:10am
Klaus Preisinger Freelance Writing 4 years ago
I vaguely remember Disney being a big fan of a so called royalty system, wherein the gross income from a movie is first diluted among many Disney subsidiaries collecting 'royalties', before the actors get their percentages. Nicolas Cage famously was supposed to get 10% of 197 Million, but by the end of Disney's accounting magic, he ended up with $3 million.
Between retailers getting a cut for stocking all the plastic and developers having typical contracts, Disney might not have earned enough Cents on the Dollar (or rather Dollars on the Cent) to consider games worthwhile. They make a billion Dollars per Marvel/Star Wars movie in ticket sales alone and there is no shortage of those. If someone can offer them a $4 billion per year video game, I am sure they bite as a publisher again. Just like Activision a few years back, they probably set themselves a threshold. Tim Schafer was the sacrificial lamb then, Disney Infinity bites the dust now.
Bonnie Patterson Narrative Designer, Writer 4 years ago
My sympathies to the good folks at Avalanche - I hope new prospects arise quickly and new employers treat you well.
Wesley Williams Quality Assurance 4 years ago
"Skylanders will also not have a new product this year due to weak demand as they put it."
Activision have already announced there will be a new release this year and it'll be supported by an animated TV show.


Strange (and worrying) pitching early and late for both clubs highlighted the Yankee 3-2 win over the Cardinals in the Stadium on April 15, 2017. St. Louis ace Carlos Martinez needed 37 pitches to strike out the side in the home first because he walked four as well, giving the pinstripers the first of two gift runs they would dearly need. Once Ronald Torreyes, in at short for the injured Didi Gregorius, stroked a leadoff double in the sixth, Martinez's error on a comebacker gave the Yanks a run before Chris Carter plated the home team's third tally with an rbi single. Meanwhile, a superb CC Sabathia did not allow a third hit until there was one out in the eighth, but it was a home run to second baseman Jedd Gyorko. Adam Warren finished the eighth, but displaying a disturbing trend that would continue, Tyler Clippard struggled in the ninth, surrendering a run on a homer, single, and walk before successfully closing the win.
Unfortunately, the real Yankee offense showed up in their first home Friday night game in 2016, a 7-1 loss to Seattle on April 15. (A week earlier they had pounded Houston with 16 and nine runs in back-to-back games.) After a Brett Gardner home run gave the Yanks an early lead in the first, they would scratch out only five more hits. Young Luis Severino blanked the visiting Mariners through three, but they reached him for four runs into the sixth, and the Yankee pen leaked a run an inning late as well. Lefty Tyler Olson, picked up from the Dodgers along with Ronald Torreyes over the offseason, pitched his only Yankee game (to date); he was lost on waivers that June.
The Yanks took their first home series of 2012 by pounding Anaheim's Randy Williams and Hisanori Takahashi for eight early runs, highlighted by Derek Jeter's three-run fourth-inning bomb, on April 15. Later, DH Raul Ibanez got his fabulous and magical season in The Bronx started with an upper-deck shot and three rbi's of his own in the 11-5 Yankee win.
A good way to get acclimated to a new ballclub is to come through with a game-winning hit against a serious rival, something Curtis Granderson had already done in Fenway Park with a home run the week before, but the newest Yankee in the 2010 season wasn't done, as he kicked in triples in back-to-back innings in a 6-2 Yankee Stadium win against the Angels on April 15 of that year. But Robinson Cano outdid him, homering twice in the same game. Phil Hughes went five for the win, Derek Jeter homered and had two hits, and DH Marcus Thames opened some eyes with two hits as well. The game was the fifth multi-triple one in Granderson's career.
Look no further for an April 15 event than this day in 1976 when Yankee Stadium was reopened after two years of renovations. Bob Shawkey, who was the winning pitcher of the game that served as the 1923 Stadium opener, threw out the ceremonial first pitch. The Yankees came from behind to win 11-4, and subsequently made it to the World Series that year, after too, too long an absence. In answer to an oft-asked trivia question, the first homer in the "new" Yankee Stadium was hit by Minnesota's Dan Ford. That question was posed all over again in 2009.
The Yanks tried to mount rallies again and again facing Matt Harrison of the Rangers in Yankee Stadium on April 15, 2011, but he had the ground ball pill working and double plays in the first, third, fourth, fifth, seventh, and eighth innings doused every fire. A rare dry night that month, it was freezing in the Stadium and, in a promising sign that would not be much repeated, young righty Lance Pendleton showed some promise in retiring the visitors in order the last three innings in the 5-3 loss.
The Bombers made a return visit as the home team to Shea Stadium on April 15, 1998. It was strange taking the seven train to Flushing to see the Yanks, but that's where they made up one of the three with the Anaheim Angels they couldn't play in the Bronx once a loge level beam had fallen two days earlier. The Yanks prevailed, 6-3, but strangest of all, longtime Mets star Darryl Strawberry homered off Omar Olivares, and the Big Apple the Mets have over their outfield fence rose halfway (still concealing the Mets logo) and spun in celebration. In a unique double header, the Mets beat the Cubs in Shea 2-1 later that evening.
Babe Ruth hit the first of the season-record (for 34 years) 60 home runs on April 15, 1927, in a 6-3 win over the Philadelphia Athletics.
Combining a Babe Ruth highlight with a Stadium quirk, Lefty Grove and the A's beat the Yanks, 6-2, in Philly on April 15, 1930. The Babe hit a monster shot to right center that hit a speaker in Connie Mack Stadium and bounded back onto the field, and it was ruled a double.
Sadly, the "I told you so" contingent among the Yankee faithful had a field day on April 15, 2007, when Carl Pavano was placed on the 15-day disabled list. Unfortunately, fellow righty starter Mike Mussina was disabled with one of the team's many hamstring injuries as well. Chris Britton was recalled from AAA Scranton to hopefully take some of the unfilled innings.
On April 15, 2018, the Yankees optioned righthander Luis Cessa to the AAA Scranton/Wilkes-Barre RailRiders; then the club sent outfielder Shane Robinson outright to Scranton/Wilkes-Barre.
On April 15, 2016, the Yankees optioned righthander Luis Cessa to the AAA Scranton/Wilkes-Barre RailRiders, and recalled southpaw Tyler Olson from Scranton/Wilkes-Barre, in time for him to relieve in that night's game (see above).
Following his elevation to the Hall of Fame the year before, the Yanks dedicated a plaque to former Business Manager Ed Barrow in Yankee Stadium on April 15, 1954. (See 1918 highlight below.) The former Red Sox Manager jumped to the Yanks front office in 1920, was responsible for the switch of the Bambino from the mound to everyday service in the outfield, raided the Boston club for stars like Waite Hoyt and Herb Pennock, and served in the Yankee front office during their first 10 World Title seasons. Afterward, the Yanks whipped the Philadelphia A's, 3-0.
Walter Johnson outdueled New York Highlander Jack Quinn, 1-0, on this day in 1912.
I'll admit it; I was spoiled. After seeing David Wells and David Cone hurl Perfect Games in consecutive years, I was beside myself with excitement when Ramiro Mendoza retired the first 19 KC Royals on April 15, 2000, before surrendering a single to Carlos Febles over shortstop with one out in the seventh inning. Shane Spencer homered over the retired numbers in left center for three in the first, and Chuck Knoblauch and Roberto Kelly reached the fences too in the eventual 7-1 Yankee win.
The Yanks lost a heartbreaker to the White Sox, 4-3, on this day in 1980, as Jim Kaat allowed an unearned tally in the 14th inning.
The home-standing Bombers bested the Blue Jays on April 15, 2003, in a game where Mike Mussina outdueled Roy Halladay 5-0. There was a full moon on a gorgeous night, Jorge Posada homered, and Bernie Williams had three hits.
Under new Manager Bucky Harris, the Yankees and Spud Chandler lost 6-1 to Phil Marchildon and the A's on April 15, 1947. On Opening Day, Philly came ready to play, as demonstrated when Eddie Joost scored on the front end of a double steal he pulled off with Elmer Valo.
Babe Ruth got the Red Sox off to a good start in 1918 when he pitched Boston to a 7-1 victory over the A's on April 15. It was this year that Red Sox Manager Ed Barrow (soon to be Business Manager with the Yanks) started Ruth's conversion to an offensive player, as he would appear in 72 contests as an outfielder/first baseman.
The juggling continued on April 15, 2015, as the Yankees optioned righthander Joel De La Cruz to the AA Trenton Thunder, and sent righty Kyle Davies outright to the AAA Scranton/Wilkes-Barre RailRiders. Then the team recalled Branden Pinder from the AAA Scranton/Wilkes-Barre RailRiders.
Responding to an early-season injury, the Yankees placed catcher Francisco Cervelli on the 60-day disabled list with a right hamstring strain on April 15, 2014, filling out their roster by selecting the contract of infielder Scott Sizemore and recalling catcher John Ryan Murphy, collecting both players from the AAA Scranton/Wilkes-Barre RailRiders.
Adjusting their injury-depleted roster, the Yankees placed Phil Hughes on the 15-day disabled list with a tired arm on April 15, 2011. To create room on their 40-man list, the team transferred lefty Pedro Feliciano from the 15-day disabled list to the 60-day disabled list, and then called up Lance Pendleton from AAA Scranton/Wilkes-Barre.
Two no-hitters have been thrown on April 15. In 1915, Rube Marquard of the Giants pulled the trick on Brooklyn by a 2-0 score, one year after he had lost 22 games. And 22-year-old Juan Nieves threw the first no-no in Brewers history on this day in 1987, a 7-0 whitewashing of Baltimore.
An old adage has it that catchers who have caught good pitchers for years are very dangerous against them if they ever face them as an opponent. On April 15, 1997 former Yankee backstop and World Series hero Jimmy Leyritz got the game winner off Mariano Rivera in an 8-5 Anaheim win.
The Dodgers purchased the contract of outfielder Ernie Koy from the Bombers on April 15, 1938. He would hit 20 homers and drive in 151 runs for the Bums over the next three seasons.
Jackie Robinson went hitless on this day in 1947 in his major league debut.
The Yanks and Orioles settled down after forging a 7-7 tie in the fourth inning on April 15, 1999, but two faithful New York performers failed in the late innings as Paul O'Neill made a big error and Mariano Rivera allowed three hits and two runs in the ninth, handing Baltimore a 9-7 win.
The only April 15 future Yankee player highlight comes to us via Baseball Library, who reports that when Reggie Jackson appeared in a 1972 A's win over the Twins, he was the first major-league player to have facial hair (a mustache) since Wally Schang in 1914.
In a rather quirky stat, Sammy Sosa hit his 210th career homer on April 15, 1998. In so doing, he set the record at the time for the greatest amount of career homers without a grand slam.
The Indians lost their first regular-season game at Jacobs Field to Kansas City, 2-1, on April 15, 1994.
Southpaw Nick Cullop (1961) is the more famous of two Yankee players to have died on April 15. He posted an 18-15-2 mark with the 1916-1917 Yankees while pitching in 58 games (40 starts). He played with Cleveland and with Kansas City of the Federal League in 1913-1915 and in 1921 for an overall record of 57-55-2. Righty Floyd Newkirk's (1976) career amounted to one inning pitched for the 1934 Yanks; he allowed a walk and a hit but no runs, and never came to bat himself.
Pitchers who threw from opposite sides and a lefty-throwing, switch-hitting first baseman comprise the rest of the noteworthy April 15 death list, starting with righthander Jack Coombs (1957), who posted most of his 158 wins, 110 losses, and eight saves with the A's and Dodgers from 1906-1920. Lefty Mickey Harris (1971) won 59, lost 71, and saved 21 from 1940 through 1952, mostly with the Red Sox and the Senators. Ripper Collins (1970) blasted 135 homers and drove in 659 runs mostly with the Cardinals from 1931-1941.
Of the two Yankee players who shared Tax Day, April 15, as their birthday until 2011, reliever King Cole (1886) easily had the longer tenure with the team. He finished his seven-year career with the Yanks in 1914 and 1915, winning 14 and losing 12 in that time. Southpaw Billy Brewer (1968) was one of three contenders to the role of Yankee 1996 lefty relief specialist, once he was acquired from the Dodgers for Mike Judd in June of that year. Brewer fell out of that competition quickly however, posting a 9.53 era despite posting a win in four games. Dale Polley hung in longer, losing out to eventual postseason hero Graeme Lloyd.
The addition to the Yankee birthday list in 2011 did not have a long stay with the team either. New York selected the former Indians southpaw Aaron Laffey (1985) off waivers that August from Seattle where he had gone 1-1 to that point in the season. His 2-1 mark in 11 games with the Bombers down the stretch brought his career mark since starting with Cleveland in 2007 to 21-23. He stands at 25-29 starting 2014 after pitching for the Mets and the Blue Jays since. He posted a win in just three games with Colorado in 2015.
Shortstop Adeiny Hechavarria (1989) became yet another April 15 birthdayer when the Bombers purchased him Pittsburgh down the stretch in 2018 to help shore up the infield defense. Adeiny prepares to start the '19 season as a free agent signer with the Mets, having hit 23 home runs with 238 rbi's over seven seasons, most of the time playing with the Marlins, though he has some AL East credentials with Toronto and Tampa Bay. The last two home runs (and two rbi's) he hit came in 18 games with the Yankees.
Other birthdays: Eddie Mayo (1910); Ed Bailey (1931); Leo Posada (1936, related to Jorge? I don't think so); Woodie Fryman (1940), who posted 141 wins with 155 losses with mostly losing teams in Philadelphia and Montreal from 1966-1983; former NL batting champion Willie Davis (1940); Ted Sizemore (1945); Mike Diaz (1960); Jeromy Burnitz (1969); Ricky Otero (1972); Paul Phillips (1977); Tim Corcoran (1978); former anger-management problem in Los Angeles Milton Bradley (1978); Michael Aubrey (1982); John Danks (1985); Chris Tillman (1988); Daniel Zamora (1983); Cody Reed (1993); Trey Wingenter (1994); and Danny Jansen (1995).


Senator WALKER (New South Wales) - I should like to point out that under this proposal the employers of coloured labour and the employers of white labour will benefit equally, so that, unintentionally, the former will relatively get more protection than the latter. Senator Pulsford has laid the case before the Committee very clearly ; and I must say that I am rather surprised that some of our friends in another place did not see what the effect of this legislation would be. Honorable members elsewhere were evidently led away by the argument that both measures would work in identically the same way, whereas the effect is quite different.


text:
The Bearded Scribbler
Writing In A World Of Randoms
The official blog home of author Kester James Finley.
Random Image Day!-#35 (Picking a diamond from the mine)
October 9, 2018 ~ Kester James Finley
Recently, fellow indie author and dark fantasy maven, Vashti Quiroz-Vega (@VashtiQV) tagged me on Twitter to list my 5 favorite horror films or my top 5 scary movies. I was excited to list them as it's not only close to Halloween, but I also love horror films, love spooks and haunts, and I'm all about the supernatural and paranormal. The only problem I found was that, as I started to spool up the hundreds upon thousands of movie titles that could fall into this category, picking became a daunting task. Staring at the screen, my finger hovering over the keyboard, it hit me. It was and would be nearly impossible to list only 5, I love them all in their own special ways!
I thought about certain titles while watching numerous people respond to the tagged tweet with their own, envious of their ability to quickly choose. How could I possibly narrow down such a wide field with a measly five choices? I mean seriously, how do you tell certain ones that don't cut the mustard and grant others a top spot. Are we basing our decision on anything special or just random picks? See where I'm going with this? If not, hang on.
See, when it comes to scary and horror films I do enjoy my fair share. The only problem is, I factor in so many variables. I could choose "The Fog" as Stevie Wayne's husky voice urges me to flee to the church on the hill or I could go with the original "Night of the Living Dead" as it remains on loop every Halloween. I could say it's "Poltergeist" as spirits and kids getting attacked are always good fun, but then again maybe it's the lonely night and bloodshed of "An American Werewolf in London" or the original "Halloween".
I noticed as the list grew and grew it would never get done. See, movies for me stir emotions, stir thoughts and ideas. They take me back to my younger days, they remind me of times spent through the years and the people that came along for the ride. I can't narrow down a single film, but give me a title and I can weave you a tale of when I watched it, who was with me, how I felt at the time, and the snacks that were enjoyed during it. Through the years, favorites have changed, feelings have shifted, and the top five have been reordered.
I can say that "Nightmare on Elm Street" was a personal fav, or that "Friday the 13th" scared me so bad after watching Kevin Bacon take one for the team I refused to sleep in my bed for a week. I can recall "The Thing" made me almost stroke out when a late night HBO airing and watching by my brother with the volume turned up to the max during the stomach/teeth spider/head gimmick was going on nearly ended my TV watching days and nights forever. I remember in art school how "Suspiria" made me rethink art and horror while "Evil Dead 2" made me chuckle through the gore.
I have to thank and scold my parents. Lovers of horror classics, thrill, and chills themselves, they shared that love at an early age. We grew up watching Erin Moran become victim to an alien force in "Galaxy of Terror" at the drive-in and giggled like idiots when Chucky decided to partake in some "Child's Play" all the while watching "Ghoulies" and "Critters" until we were old enough to understand and enjoy "Let's Scare Jessica to Death" the always fun "The Amityville Horror" and "The Exorcist" which, to this day, is still not allowed in my mother's home. :O
I can't pick a favorite five, I never could. Each one a memory, each one a cherished feeling of loved ones, friends, relatives, and snacks. Years of VHS tapes, gallons of soda and stale pizza, days of replays at odd hours during long summer months and even chillier falls. Now, as an adult, I watch the older ones as they are replayed throughout the year. Sometimes, with full interest. Other times, as background noise but everytime hoping for a return, hoping for the faintest whiff of younger days, innocent days, and non-stop thrills and chills with those that just know exactly how it feels to be scared.
Photo Credit: Edward Honaker, Sept. 2015. Website at http://www.edwardhonaker.com/
Published by Kester James Finley
As a Florida native, Kester Finley grew up and around the backwoods of Zephyrhills. The country life with its slower pace, and with its mix of colorful characters eager to share, inspired him to write. Fascinated by the unknown, the supernatural, he has spent time studying all forms of paranormal activity and history while being fully immersed in the world of superheroes and magic holding his head high as a geek, a lover of comics, and a damn good role player. He now lives in New Port Richey, Florida whiling away the hours writing, trying to figure out what he wants to be when he grows up, and focusing on a return to his roots, nature, and the mystery of life beyond the veil.	View all posts by Kester James Finley
‹ PreviousA Closet Dark With Fear — The Final Curtain1 – BR Chitwood – MUSINGS: Authors – Books – The World
Next ›Poetry Friday ~ Color & Creepy — The Writer Next Door|Vashti Q
5 thoughts on "Random Image Day!-#35 (Picking a diamond from the mine)"
I loved this, K! I had a hard time picking just 5 too. A lot of my favorites were already picked by the time I was tagged. This post makes me want to have an all day Horror movie telethon!👻😁🎃
Kester James Finley says:
Eric Borgerson says:
Great post! Here are a few that come to mind for me: The Ring; House on Haunted Hill; Lost Highway; What Lies Beneath, Mothman Prophesies. And though it really occupies a genre all its own, one of my all time favorites that I never tire of re-watching: The Birds.
See, there's so many out there to list that can land in a top spot and the memories that are associated with them all. I love the ones you mentioned too!
I think that photo is pretty creepy on its own, LOL!
Follow The Bearded Scribbler on WordPress.com
Launch Day! The Rise of Gadreel
Random Book Review- Cur Dogs by M.N. Seeley
Add my book to Goodreads
Connect & Explore
Amazon-
https://www.amazon.com/-/e/B073YG5YCQ
All Author-
https://allauthor.com/profile/kesterfin/
Pinterest-
www.pinterest.com/kesterjamesfinley
Goodreads-
https://www.goodreads.com/author/show/17030021.Kester_James_Finley?from_search=true
Barnes & Noble-
https://www.barnesandnoble.com/w/bitter-awakenings-kester-james-finley/1126782526?ean=9781547217434
**Also available through Google Play, Kobo, Itunes, and many more!**