Home Comfort Heating & Air Conditioning provides HVAC services in Los Angeles County and the surrounding area; it asserted rights in marks "wholly or partially comprised of the word elements 'HOME COMFORT,' " including "HOME COMFORT SERVICES," and "HOME COMFORT HEATING AND AIR CONDITIONING." It had some registrations. Ken Starr Inc. subsequently began operating an HVAC business under the name "Home Comfort USA" in Southern California, including Los Angeles County and the surrounding area.
Notable findings: The court found strong evidence of confusion from negative online reviews, including one negative Yelp review, and oral complaints with regard to products and services that were supplied by KSI. In the prior year, Home Comfort received five attempts by customers seeking to return products purchased from KCI, two refund requests arising out of KCI's services, thirty inquiries about KCI's special pricing offers, and forty inquiries about available services from customers who saw KCI's ads. A few of the voicemails were generic requests for quotes, but the majority reference specific accounts, appointments, and issues with prior work done by KCI.
The district court applied the 9th Circuit's screwed-up "can you determine the product just from knowing the mark?" test to determine that the marks were suggestive. Twenty-six HVAC businesses around the nation that use some combination of the terms "home" and/or "comfort" in connection with their services didn't diminish the strength of the mark, especially without more evidence of use and given that "HVAC customers will, necessarily, seek a local source for these products and services." Of the three businesses that did serve California, each used other distinguishing words as well: "Stephan's Home Comfort Services," "Engineered Comfort," and "US Comfort." Nor did Home Comfort's addition of "Heating & Air Conditioning" to its marks, KCI's slogan "Call the Comfort Guys, We're There!" or the parties' different colors deminish the likely confusion. The word marks "Home Comfort" and "Home Comfort USA" were essentially indistinguishable and adding generic words didn't create a meaningful distinction "from the perspective of a consumer." The stylized marks included "Home Comfort" as their dominant portion and had a depiction of a house and appeared substantially similar; the colors and the slogan weren't how consumers would make a primary identification.
Purchaser care was neutral because almost everyone needs HVAC services, making the target market average, but they tend to be expensive, increasing consumer care.
Given that the factors favored a finding of likely confusion, was there irreparable harm? The rule is that "[e]vidence of loss of control over business reputation and damage to goodwill could constitute irreparable harm," and the court found that the actual confusion shown here satisfied that standard. However, delay works against a finding of irreparable harm, and Home Comfort delayed 20 months after discovery of the problem to seek relief. The court found that the delay was sufficiently explained by Home Comfort's oppositions to KCI's trademark registration applications and extensive settlement discussions. In addition, the dates of the voicemails indicated that confusion was increasing over time, making delay less probative. With that, the other requirements for injunctive relief were easily satisfied.
Painter alleged that Blue Diamond mislabeled its almond beverages as "almond milk" when they should be labeled "imitation milk" because they substitute for and resemble dairy milk but are nutritionally inferior to it. The court of appeals affirmed the district court's finding of FDCA preemption. "The FDCA sets forth the bare requirement that foods imitating other foods bear a label with 'the word "imitation" and, immediately thereafter, the name of the food imitated.'" Painter's argument that Blue Diamond needed either a nutritional comparison of almond milk to dairy milk or cease using the term "milk" on the label of its almond milk products thus conflicted with the FDCA.
Sunny Delight has never sold a product labeled as the ones [depicted in] the First Amended Complaint are labeled. Sunny Delight product labels have always included more information about the products than shown in [the FAC]. The images in [the FAC] that Plaintiffs claim are the true labels they read and relied on are actually just images from an old version of Sunny Delight's website. Those were stylized images used on the website only. They lack numerous details on the actual labels because people looking at the website have trouble reading all the things that are on the actual labels given the size of the images. Sunny Delight has never sold any products with the labels reflected in [the FAC].
The court found that plaintiffs and their counsel had knowingly made false factual contentions in the first amended complaint, including the allegation that the embedded image was a "true and accurate representation" of the labels, as well as numerous allegations that likewise incorrectly described those labels in ways that are central to the claims in the litigation. "These falsehoods were not the product of reasonable mistake and were not mere inaccuracies that would 'likely have [had] evidentiary support after a reasonable opportunity for further investigation or discovery.'" Plaintiffs' counsel acknowledged at the hearing that they based the complaint on Sunny Delight's website, not on the labels on the actual products. "That approach might have been acceptable had Plaintiffs purchased the Products based on a website image, but they did not…. It is apparent that Plaintiffs' counsel did not undertake the most fundamental of investigations— namely, examining the actual Product labels—before filing the First Amended Complaint." Counsel had the opportunity to acknowledge the problem when Sunny Delight identified it, but they compounded it instead, arguing that the court should take the allegations as true. This wasted the court's and Sunny Delight's time and resources, and was sanctionable under Rule 11.
The court struck the first amended complaint rather than parsing the allegations for any that were salveageable. However, the court wouldn't strike the complaint with prejudice. Plaintiffs argued that at least some of their claims still had merit, and the court didn't rule on whether the presence of a front disclaimer would preclude the claims as a matter of law. The court was also wary of confusing attorney honesty with the merits; sanctions address only the former. Nonetheless, to serve Rule 11's deterrent purposes, the court also awarded reasonable attorneys' fees for preparing this motion and the second motion to dismiss, where the misrepresented labels formed the core of the dispute and were the primary basis for the court's ruling. Fees for general casework, or for the first motion to dismiss—which was primarily about jurisdiction—were not included.
The breach of express warranty claims were reinstated for the same reasons.
PS: Since In re GNC purported to interpret California law, can we now defer to the 9th Circuit to say that the case isn't even right in the 4th Circuit? I know, it would be better for a California state court to point this out--I can hope, though.
The question presented in Rimini Street v. Oracle is whether the Copyright Act's allowance of "full costs" is limited to the categories and amounts of costs enumerated in 28 U.S.C. 1920 & 1821, or whether it refers to all litigation expenses. Because Congress and the Supreme Court have stated that the word "costs" is a term of art, the question turns on whether the word "full" -- as the Ninth Circuit held -- can cause "costs" to lose its technical meaning. This brief, filed on behalf of eleven corpus linguistics scholars, presents empirical evidence derived from corpora -- electronically searchable databases of texts -- that shows that it cannot. The meaning of adjectives is determined by the nouns they modify, not the other way around. That is why we judge a "tall seven year old" by a different standard of tallness than a "tall NBA player" and why the word "long" means one thing when modifying "story" and something else entirely when modifying "table." Furthermore, the linguistic evidence shows that "full" in Section 505 should be considered a "delexicalized" adjective -- meaning its purpose is to draw attention to and underline an attribute that is already fundamental to and embedded in the nature of the noun. "Full" often serves to emphasize the completeness of an object that is already presumed to be complete, like "full deck of cards," "full set of teeth," and "full costs."
The court dismissed the claim; the challenged practices/statements were nonactionable opinion and puffery. Quoting McCarthy: "Under both the Lanham Act and the Constitutional free speech clause, statements of opinion about commercial matters cannot constitute false advertising ...." Also true of GBL §349.
an informational directory of attorneys, which consumers can consult whether or not they intend to hire an attorney. And the complained-of website features simply provide information; they might be considered in making, but do not themselves propose, a commercial transaction. Moreover, that sponsored advertisements appear on the defendant's website does not morph the website's noncommercial features into commercial speech.
So that put the profiles outside of the Lanham Act anyway.
The defendant's rating system is inherently subjective. The defendant chooses the inputs for its system and decides how to weigh them. … A reasonable consumer would view an Avvo rating as just that – the defendant's evaluation. What factors the defendant believes to be important in assessing attorneys, and the result of the defendant's weighing of those factors, cannot be proven false.
Third, the "Pro" badge appearing on the profile pictures of attorneys who pay Avvo is intended to convey a statement of fact: that an attorney has verified the attorney's information as it appears on Avvo. Avvo's website explains this meaning with an "i" icon next to the "Pro" badge. Hovering over the "I" discloses that "Attorneys that are labeled PRO have verified their information as it appears on Avvo," and the website eventually explains the "Avvo Pro" subscription plan if you follow enough links elsewhere. Thus, the statement wasn't false. Davis alleged that it was still misleading because it implied higher quality, and the disclosures weren't sufficiently conspicuous to avoid that implication. The court agreed with Avvo what this was puffery. "Pro" means, literally, a professional; that was true [though why that's relevant to misleadingness, especially when others in the profession were not granted the dignity of that characterization if they didn't pay, is unclear]. To the extent that consumers perceived it as "conveying that an attorney is especially experienced or skilled, the term is mere puffery." Davis couldn't prove that lawyers marked "Pro" were undeserving, "because in context the term has no definite meaning or defining factors." Allegations about advertising "highly qualified," "the right," or the "best" attorneys failed for the same reasons, as did allegations that paying lawyers got enhanced visibility on the website.
Finally, Davis did not sufficiently allege injury by offering facts that demonstrate a causal connection between his injury some misrepresentation made by Avvo. Conclusorily alleging lost fees and reputational damages, and diverted business, was insufficient absent facts indicating that consumers on the allegedly misleading Avvo ratings, pro badges, client reviews, or other statements "in choosing or gauging the reputation of an attorney." "The only fact the plaintiff pleaded to support his theory of harm is that the defendant's website holds a prominent presence on the internet, and thus consumers who perform a Google search with phrases like 'top litigation attorney' will see the website on the first page of results." That wasn't enough.
H/T C.E. Petit. This comedy of errors might (might!) be ending. The court of appeals affirmed the district court's judgment in favor of Hargis and its denial of Hargis's motion for fees and costs.
In B&B's trademark infringement action against Hargis in May 2000, a jury found that B&B's "Sealtight" mark was not entitled to protection because it lacked secondary meaning. We affirmed. In June 2006, B&B filed for incontestability status for its trademark with the Patent and Trademark Office (PTO). The PTO issued a Notice of Acknowledgment in September 2006, concluding that B&B's affidavit of incontestability met the statutory requirements.
The jury found that Hargis infringed on B&B's trademark but did not do so willfully, awarded B&B none of Hargis's profits, and found for Hargis on its counterclaims and its affirmative defense of fraud. Based on the jury's fraud finding, the district court found that "Sealtight" was not entitled to incontestability status, and that B&B therefore had not pled an intervening change in circumstances allowing it to relitigate claims raised inthe 2000 jury trial. The district court therefore entered judgment for Hargis on all claims.
B&B appealed, arguing that the jury verdict finding fraud and a lack of willfulness was clearly erroneous; and that the district court abused its discretion in refusing to disgorge Hargis of its profits. The court of appeals found no plain error.
Incontestability requires an applicant to file an affidavit with the PTO declaring that "there has been no final decision adverse to [his] claim of ownership of such mark . . . or to [his] right to register the same or to keep the same on the register . . . ." "At least one circuit treats a district court's finding of mere descriptiveness at summary judgment as such an adverse decision." [And I don't see how one could conclude otherwise, since descriptiveness means that the symbol is not a mark and thus can't be owned as a mark. Failure to disclose is important since the PTO doesn't examine §15 affidavits on the merits as long as it's facially complete. And the affidavit is "especially important because a defendant accused of infringing an incontestable trademark may raise an affirmative defense that 'the registration or the incontestable right to use the mark was obtained fraudulently.'" Fraud on the PTO "consists of willfully withholding material information that, if disclosed, would result in an unfavorable outcome." Here, materiality means information that a reasonable examiner would have considered important.
Warning: bad argument alert, not fully called out by the court of appeals. B&B argued that the 2000 verdict wasn't a final adverse decision. The court of appeals responded that, in 2007, the TTAB explicitly stated that the 2000 jury verdict was an adverse decision that extinguished B&B's common-law rights in the "Sealtight" name, so there was no plain error in the district court so finding. B&B then argued that its deception wasn't willful because it didn't realize the jury verdict was a final adverse decision and that it didn't disclose that verdict based on the advice of counsel. The jury was entitled to disbelieve B&B's owner's testimony on this point.
15 U.S.C. § 1065 specifies that the affidavit has to include statements that "(1) there has been no final decision adverse to the owner's claim of ownership of such mark for such goods or services, or to the owner's right to register the same or to keep the same on the register; and (2) there is no proceeding involving said rights pending in the United States Patent and Trademark Office or in a court and not finally disposed of." B&B's predicate to its defense, that "finality" was what mattered, is thus fatally flawed. Of course, it is in theory possible that its counsel was so incompetent as not to understand this very clear provision of law, especially since courts of appeal apparently feel no need to mention it, but the true requirements for an incontestable registration might lend even more plausibility to the jury's conclusion.
Hargis also wanted its fees, and I sympathize (we haven't even talked about the other facts B&B played fast & loose with, no pun intended), given that it's been fighting this ridiculous case for decades. Despite the fraud finding, the court concluded that "[t]his case does not present an example of groundless, unreasonable, or vexatious litigation, as it has arguable merit on both sides—evidenced by the fact that both parties have prevailed at various times throughout its 12-year history. We cannot say that B&B pursued litigation in bad faith, as it received a favorable Supreme Court ruling and reasonably believed it could prevail." This conclusion demonstrates the importance of selecting a starting point. I would have started instead with B&B's decisions to go to the PTO seeking a workaround to the failure of the first case, to fail to disclose that material adverse result to the PTO, and to deliberately leverage that wrongly granted incontestability as the sole reason to relitigate the whole case. I would have thought that taking a matter to the Supreme Court on a premise that itself was based in fraud was "exceptional." It's probably also true that Hargis could have disposed of the matter earlier had its attorneys been unusually attentive to the actual requirements of incontestability and had the district court also understood incontestability, but as between the parties I would attribute the responsibility to B&B.
I don't know why this took so long to show up in my searches, but: this is a consumer protection class action arising from Sturm's ill-fated decision to put instant (which it labeled "soluble") coffee into pods that fit into Keurig coffeemakers, to get a jump on the competition for nicer ground coffee pods once the pod patent expired. This lawsuit was filed in 2011; the district court dismissed it on the theory that consumers should have known that "soluble" meant "instant," and the court of appeals reinstated it, after which a class was certified on liability. Sturm didn't take my unasked-for advice of that last post; instead, it seems determined to litigate to the bitter end, no pun intended.
Plaintiffs brought claims under the consumer protection laws of Alabama, California, Illinois, New Jersey, New York, North Carolina, South Carolina, and Tennessee. This opinion details the court's trial plan dealing with key elements of the claims.
Sturm waited seven years to raise a FDCA preemption argument and did so in a few sentences; nope. The court also emits a bit of impatience with Sturm's re-raising of previously rejected arguments. More generally, case law about class certification establishes whether certain issues can be resolved with class-wide evidence at trial. And the fact that the Seventh Circuit said that "[e]very consumer fraud case involves individual elements of reliance or causation" in its earlier opinion in this case does not mean that class-wide proof is impermissible to establish reliance or causation under any and all circumstances.
The parties agreed that individual proof was needed to show causation under the statutes of Tennessee and South Carolina, but not on the other laws.
California's CLRA: "When the consumer shows the complained-of misrepresentation would have been material to any reasonable person, he or she has carried the burden of showing actual reliance and causation of injury for each member of the class. As some courts have put it, the plaintiff may establish causation as to each by showing materiality as to all." Unless "the record will not permit" that inference, as when a named plaintiff testifies that she didn't have the posited reaction to the claim or where it was "likely that many class members were never exposed to the allegedly misleading advertisement." Thus, inferences of causation, reliance, and injury arise under the CLRA "where plaintiffs can establish that the defendants made a uniform and material misrepresentation or omission to the entire class." The UCL "is much more straightforward" and doesn't require individualized proof of deception, reliance and injury.
New Jersey has applied a presumption of causation where a misrepresentation was material, in writing, and uniformly made to each plaintiff, and also where "all the representations about the product [were] baseless." The application of a presumption of causation also may depend on whether plaintiffs could have known the truth behind the alleged fraud (why that is relevant is not clear to me) and whether plaintiffs reacted to information about the product in a similar manner.
North Carolina requires a showing of proximate causation, which itself requires a demonstration of actual and reasonable reliance. "While this inquiry may be difficult to conduct on a class-wide basis, the Supreme Court of North Carolina has held that circumstantial evidence may be sufficient for a factfinder to infer reliance." For example, a material misrepresentation that went to the sole point of the product could justify a class-wide finding of causation, as could a sufficiently material misrepresentation uniformly made to the class.
The court concluded that the target consumers, Keurig owners, faced a "more-or-less one-dimensional decision making process" when they purchased the accused product. They hoped to buy single-servings of premium, ground coffee they could brew in their Keurig machines. "There is no other logical explanation as to why consumers would purchase instant coffee, at a premium price, in a K-Cup, that they had to brew." It doesn't make sense to buy a product three or four times more expensive than typical instant coffee to use a specialized machine to heat water for instant coffee. "This is simply not a case where the plaintiffs had a number of reasons for purchasing" the product.
Ultimately, though a jury would determine deceptiveness and proximate causation of injury, it could do so on a class-wide basis, without individual inquiries.
The court thus indicated its intent to subclass based on the initial and modified packages, further divided by state law. The first planned jury trial would be bifurcated. The first part would assess whether defendants committed a deceptive act or omission that would be materially misleading to a reasonable consumer. If the jury so found, the court would then decide whether those acts were materially deceptive under North Carolina law (which treats whether acts are unfair or deceptive as a question of law) and California law (because UCL and FAL claims are equitable in nature). The jury would then answer the same question for the remaining state subclasses. If the jury said yes, it would proceed to answer questions about whether the conduct occurred in the course of trade or commerce [that one seems a gimme]; whether the conduct affected the public interest; whether the non-Tennessee/South Carolina/California classes suffered injuries/damages/ascertainable losses in reliance on, or as a proximate cause of, the deception; and whether defendants intended for that last group to rely on their deceptive acts or omissions. A second jury trial would then determine the remaining elements of ascertainable loss, proximate cause, and damages for the Tennessee and South Carolina subclasses.
PURPOSE: The Project on the Foundations of Private Law is an interdisciplinary research program at Harvard Law School dedicated to scholarly research in private law. Applicants should be aspiring academics with a primary interest in intellectual property (especially, patent, copyright, trademark and trade secret) and its connection to one or more of property, contracts, torts, commercial law, unjust enrichment, restitution, equity, and remedies. The Project welcomes applicants with a serious interest in legal structures and institutions, and welcomes a variety of perspectives, including economics, history, philosophy, and comparative law. The Qualcomm Postdoctoral Fellowship in Private Law and Intellectual Property is a specifically designed to identify, cultivate, and promote promising IP scholars early in their careers. Fellows are selected from among recent graduates, young academics, and mid-career practitioners who are committed to spending one or two years at the Project pursuing publishable research that is likely to make a significant contribution to the IP and private law, broadly conceived. More information on the Center can be found at: http://www.law.harvard.edu/programs/about/privatelaw/index.html.
PROGRAM: The Qualcomm Postdoctoral Fellowship in Private Law and Intellectual Property is a full-time, one- or two-year residential appointment, starting in the Fall of 2019. Like other postdoctoral fellows, IP Fellows devote their full time to scholarly activities in furtherance of their individual research agendas in intellectual property and private law. The Project does not impose teaching obligations on fellows, although fellows may teach a seminar on the subject of their research in the Spring of their second year. In addition to pursuing their research and writing, fellows are expected to attend and participate in research workshops on private law, and other events designated by the Project. Fellows are also expected to help plan and execute a small number of events during their fellowship, and to present their research in at least one of a variety of forums, including academic seminars, speaker panels, or conferences. Through organizing events with outside speakers, helping to run programs, and attending seminars, fellows interact with a broad range of leading scholars in intellectual property and private law. The Project also relies on fellows to provide opportunities for interested students to consult with them about their areas of research, and to directly mentor its Student Fellows. Finally, fellows will be expected to blog periodically (about twice per month) on our collaborative blog, New Private Law (blogs.harvard.edu/nplblog).
STIPEND AND BENEFITS: Fellows have access to a wide range of resources offered by Harvard University. The Center provides each fellow with office space, library access, and a standard package of benefits for employee postdoctoral fellows at the Law School. The annual stipend will be $55,000 per year.
ELIGIBILITY: By the start of the fellowship term, applicants must hold a J.D. or other graduate law degree. The Center particularly encourages applications from those who intend to pursue careers as tenure-track law professors in intellectual property and private law, but will consider any applicant who demonstrates an interest and ability to produce outstanding scholarship in the area. Applicants will be evaluated by the quality and probable significance of their research proposals, and by their record of academic and professional achievement.
2. PDFs of transcripts from all post-secondary schools attended.
3. A Research Proposal of no more than 2,000 words describing the applicant's area of research and writing plans. Research proposals should demonstrate that the applicant has an interesting and original idea about a research topic that is sufficiently promising to develop further.
4. A writing sample that demonstrates the applicant's writing and analytical abilities and ability to generate interesting, original ideas. This can be a draft rather than a publication. Applicants who already have publications may also submit PDF copies of up to two additional published writings.
5. Three letters of recommendation, emailed directly from the recommender. Letter writers should be asked to comment not only on the applicant's writing and analytical ability, but on his or her ability to generate new ideas and his or her commitment to pursue an intellectual enterprise in intellectual property and private law. To the extent feasible, letter writers should provide not just qualitative assessments but also ordinal rankings. For example, rather than just saying a candidate is "great," it would be useful to have a statement about whether the candidate is (the best, in the top three, among the top 10%, etc.) among some defined set of persons (students they have taught, people they have worked with, etc.).
All application materials with the exception of letters of recommendation should be e-mailed by the applicant to conner@law.harvard.edu. Letters of Recommendation should be emailed directly from the recommender to the same address.
For questions or additional information, contact: Bradford Conner, Coordinator, conner@law.harvard.edu.
Plaintiff Emson sued defendants Masterpan and S&E for false advertising. The parties compete to sell pots and pans. Emson's Gotham Steel pots and pans are made of aluminum and have a copper-colored, non-stick ceramic and titanium coating; it uses direct response TV commercials and as "As Seen On TV" logo on its packages and other ads.
S&E and Masterpan sell "The Original Copper Pan" which allegedly deceives the public by falsely and deceptively conveying to consumers that its cookware is the first of its kind and that Emson's (and other's) products are not the originals but are instead mere imitations. In addition, defendants allegedly falsely advertised certain versions of the OCP as being made of, and not merely coated with, copper. "Although each pan has a copper-colored cooking surface, Emson alleges that it ran tests on samples of the 12-inch OCP," and found that "the cores of each of the tested Original Copper Pans had undetectable levels of copper" and that the inner coating on the samples also lacked the presence of copper. Finally, defendants allegedly "use an 'As Seen On TV logo in their advertising," without having advertised on TV, or only minimally doing so.
Defendant S&E, however, fared better. Emson alleged sufficient facts to plausibly conclude that Masterpan markets and sells the OCP, as noted above and by providing documentary evidence that Masterpan shares directors with Dreambiz, Ltd., which owns the trademark "The Original Copper Pan." But there was nothing so specific as to S&E, only allegations that it shared an address with Masterpan.
Plaintiffs bought Cheez-It crackers that were labeled "whole grain" or "made with whole grain." They alleged violation of New York and California consumer protection laws because such labeling would cause a reasonable consumer to believe that the grain in whole grain Cheez-Its was predominantly whole grain, when, in fact, it was primarily enriched white flour. The district court held that the whole grain labels would not mislead a reasonable consumer, and the court of appeals (in some tension with its recentholding on Trader Joe's truffle-flavored oil) reversed.
The challenged packages used "WHOLE GRAIN" in large print in the center of the front panel of the box, and "MADE WITH 5G OF WHOLE GRAIN PER SERVING" in small print on the bottom or "MADE WITH WHOLE GRAIN" in large print in the center of the box, with "MADE WITH 8G OF WHOLE GRAIN PER SERVING" in small print on the bottom. Both packages also contained a "Nutrition Facts" panel on the side of the box, which stated in much smaller print that a serving size of the snack was 29 grams and that the first ingredient on the ingredients list (in order of predominance, as required by federal law) was "enriched white flour." "Whole wheat flour" was either the second or third ingredient.
False advertising or deceptive business practices under New York or California law requires that the deceptive conduct was "likely to mislead a reasonable consumer acting reasonably under the circumstances." Context is crucial, including disclaimers and qualifying language. The district court reasoned that "a reasonable consumer would not be misled by a product's packaging that states the exact amount of the ingredient in question." But the packaging here allegedly implied that the product was "predominantly, if not entirely, whole grain," and it wasn't. This was plausibly misleading because they falsely imply that the grain content was entirely or at least predominantly whole grain.
The ingredient list didn't help, even though it indicated that a serving size of Cheez-Its was 29 grams and the list of ingredients names "enriched white flour" as the first (and thus predominant) ingredient. The serving size didn't "adequately dispel the inference communicated by the front of the package that the grain in 'whole grain' crackers is predominantly whole grain because it does not tell what part of the 29-gram total weight is grain of any kind." Plus, adopting the Ninth Circuit's Williams rule, the court of appeals agreed that "reasonable consumers should [not] be expected to look beyond misleading representations on the front of the box to discover the truth from the ingredient list in small print on the side of the box." The Nutrition Facts panel and ingredients list plausibly contradicted, rather than confirmed, the "whole grain" representations on the front of the box.
Other cases dismissed on the pleadings involved plaintiffs who alleged deception because a product label misled consumers to believe, falsely, that the product contained a significant quantity of a particular ingredient. Here, however, the deceptiveness was the implication that, of the grain content in the product, most or all of it is whole grain, as opposed to less nutritious white flour. In addition, in most of the other cases, "plaintiffs alleged they were misled about the quantity of an ingredient that obviously was not the products' primary ingredient." No reasonable consumer would think that crackers "made with real vegetables" were made primarily with fresh vegetables. Here, "reasonable consumers are likely to understand that crackers are typically made predominantly of grain. They look to the bold assertions on the packaging to discern what type of grain." Thus, the front of the package could have misled them. The court declined to adopt a rule that would allow any "made with X" advertising when the ingredient X was in fact present, no matter how deceptive (e.g., if the crackers here were 99.999% white flour).
TN Warranty started as CompassOne Warranty in 2015, with a mark derived from an earlier company with a mark called Vector Compass.
TN Warranty also argued that a non-party, Premium 2000+, was run by an ex-business partner turned rival of TN Warranty's founder, who's filed various lawsuits against that founder. Premium 2000+ allegedly offered to do business with TrueNorth, but cited TN Warranty's name and mark as a "road block" to doing business, indicating TrueNorth's lawsuit was premised more on Premium 2000+'s animosity towards the founder rather than on true confusion in the marketplace. TrueNorth disagreed, citing emails and phone calls from truck drivers and professionals within the trucking and insurance industries that allegedly demonstrated confusion.
Preliminary injunction: though the Eighth Circuit has not yet ruled on the Lanham Act consequences of eBay and Winter, those cases lead to the conclusion that a presumption of irreparable harm upon showing likely success on the merits (via confusion) is not warranted.
Harm to reputation can, however, be irreparable. TrueNorth argued that TN Warranty has received negative consumer reports from the Better Business Bureau and Trucker's Report (an online forum used by truck drivers). Some of TrueNorth's trucking industry partners contacted TrueNorth on behalf of drivers with warranty claims in an attempt to resolve warranty issues. It explained its delay in seeking a preliminary injunction stems with an increase in calls about warranties that it received in 2018. TrueNorth argued that it started recording calls in January 2018 due to the "increasing number of calls and other instances of confusion among TrueNorth customers." It recorded six calls in February 2018, four calls in March 2018, one call in April 2018, three calls in May 2018, no calls in June 2018, two calls in late July 2018 and six calls in August 2018. Its witness described the harm as follows: "Just verbal communications that have been relayed to me that they think that the presence of having su[ch] a similar logo is creating challenges and confusion that is disruptive to our working together to market to owner operators and truck lessees." The witness further described the situation as creating challenges with how TrueNorth tries to market to leasing companies, but could not provide any specific examples and was not aware of any specific loss of business with the company under discussion.
Are there people who believe that Twiqbal improved consistency? Because I do not understand the level of detail required. Here, the magistrate holds that pleading that one's testing complied with FDA regulations is not sufficient to plausibly plead that one's testing complied with FDA regulations. I would have thought that, if it's enough of a fact to be determined by a court and not trigger preemption, then it's enough of a fact to be pled on its own, even if it is a potentially dispositive issue. But I don't see non-advertising Twiqbal cases, so I might be overly critical.
The plaintiffs sought to represent a class of Banana Boat "SPF 50" or "SPF 50+" product purchasers. They alleged that "rigorous scientific testing has revealed that the Products do not provide an SPF of 50, much less '50+'." Consumer Reports magazine reported in May 2016 that "its own testing had revealed that Banana Boat Kids SPF 50 sunscreen lotion had an SPF of only 8." Further, plaintiffs alleged that their own independent testing using FDA methods demonstrated the Products had SPFs lower than listed on the label. They brought various state law false avertising claims.
The court rejected defendants' primary jurisdiction argument. The FDA published a "sunscreen Final Rule" allegedly "mandating a whole host of highly specialized, highly scientific, and precise technical and scientific protocols that manufacturers must follow relating to testing and labeling." Agency expertise is "the most common reason for applying the doctrine," which is also used "to promote uniformity and consistency with the particular field of regulation." Other cases have rejected applying the doctrine to sunscreen labeling, given that plaintiffs allegedly relied on long-established SPF testing procedures and standards, rendering their labels false and misleading, which is a routine factual question for courts. Defendants argued that the court would have to determine whether the parties' tests followed the technical and scientific requirements of the sunscreen Final Rule. But "this Court is equipped to address such technical and scientific questions, as this and other courts routinely do on a regular basis." Even if the FDA was in the "best" position to interpret the Final Rule, the court could do so too. In terms of uniformity and consistency, it was merely speculative that the FDA would be taking further action, much less formal action, or that any such action would be retroactive. Though the FDA had solicited bids for testing sunscreens over two years ago, there was no indication that further action was forthcoming.
…. Plaintiffs conducted their own independent testing of the Products, utilizing the methodology for SPF testing mandated by the FDA.
Specifically, the independent testing conducted by Plaintiffs was conducted in compliance with all FDA testing methods embodied in FDA Final Rule, 21 CFR Parts 201 and 310, (Federal Register/Vol 76, No 117/Friday, June 17, 2011/Rules and Regulations, including 21 CFR 201.327).
The results of the independent testing conducted by Plaintiffs were consistent with the results suggested by Consumer Reports' test results and confirmed that the Products had actual SPFs substantially lower than the claimed SPF 50 or "50+".
Plaintiffs' investigation concluded that all three products, clearly labeled as containing SPF 50 or "50+", contained an SPF of less than 37.8 and no more than a 30.1.
This wasn't sufficient (though plaintiffs said they were prepared to file an amended pleading). The complaint was 34 pages long and only 4 paragraphs were devoted to this crucial issue (this comparison strikes me as a bad measurement tool). Only one paragraph mentioned the specific methodology. There was a need for more than a "conclusory statement that the testing complied with the FDA Final Rule, an ultimate question this Court may be called upon to decide in the future." And it was unclear whether plaintiffs had FDA-compliant test results relating to all three challenged products. Thus, the court found it prudent to allow an amended complaint.
The court also commented that plaintiffs would likely have difficulty satisfying the predominance requirements on their nationwide claims, but declined to dismiss the class certification parts of the case at this time.
Hi-Tech sued HBS, alleging that the label of its protein-powder supplement HexaPro misled customers about the quantity and quality of protein in each serving, in violation of the Georgia Uniform Deceptive Trade Practices Act and the Lanham Act. The district court dismissed the Georgia claims on FDCA preemption grounds and found that it wasn't plausible that the label was misleading. The court of appeals affirmed the first conclusion, but reversed the second, and declined to find that the FDCA precluded Lanham Act claims here.
The front of the label identifies the product as an "Ultra-Premium 6-Protein Blend" with "25 G[rams] Protein Per Serving," and it touts the product's "6 Ultra-High Quality Proteins" and "5 Amino Acid Blend with BCAAs [Branch-Chain Amino Acids]." The left side repeated "an Ultra-Premium, Ultra-Satisfying Blend of 6 High-Quality Proteins" and identified those six whole-protein sources, stating that the product "is also fortified with 5 Amino Acids to enhance recovery." The right side features the nutrition-facts table, which states that HexaPro contains 25 grams of protein per serving, and the list of ingredients. This side also has a table labeled "Amino Acid Profile" whose heading indicates that HexaPro contains 44 grams of amino acids per serving, while the table itemizes only 25 grams.
Hi-Tech alleged three kinds of deception. First, HexaPro contains free-form amino acids and other non-protein ingredients as well as whole proteins; an analysis that excludes these "spiking agents" and counts only "total bonded amino acids"—which alone are molecularly complete proteins—allegedly yields an "actual protein content" of "17.914 grams per serving," not 25 grams per serving. However, the applicable FDA regulation permits "[p]rotein content [to] be calculated on the basis of the factor 6.25 times the nitrogen content of the food," even if not all of a product's nitrogen content derives from whole-protein sources.
Given that, the complaint plausibly alleged that the label was misleading. "Considering the label as a whole and taking its statements in context, we find it plausible that a reasonable consumer would be misled to believe that a serving of HexaPro contains 25 grams of protein derived from the '6-Protein Blend' comprising the '6 High-Quality Proteins' listed on the label." Even an additional prominent statement that the product contained an amino acid blend wasn't enough to avoid this conclusion. The allegation was not that consumers would be misled to believe that the only ingredient is the "Ultra-Premium 6-Protein Blend." Rather, Hi-Tech argued that the label would induce a reasonable consumer to believe that the protein in HexaPro derives exclusively from the six-protein blend, and this was at least plausible. The label doesn't indicate that the claimed 25 grams came from any other source than the whole-protein ingredients; other than in the 25-gram claim, it never used the word "protein" to refer to anything other than the whole-protein ingredients, and instead consistently treated "amino acids" as separate from and providing distinct nutritional benefits from "protein." The "Amino Acid Profile" on the right side of the label listed 25 grams of amino acids, but provided no explanation of how this figure related either to the product's 25 grams of protein per serving or the 44 grams of amino acids per serving advertised at the top of the table.
HBS's specific arguments for preclusion also failed. HBS argued that application of the Lanham Act would create "a genuinely irreconcilable conflict" with the federal regulation governing protein calculations because it couldn't simultaneosuly disclose both 25 grams of protein to satisfy the requirements of the FDA and 18 grams to satisfy Hi-Tech. But that wasn't the only way to cure the misrepresentation. "[I]t would suffice to clarify on the HexaPro label how much protein in each serving derives from the six-protein blend and how much derives from free-form amino acids and other non-protein ingredients"; there was no federal law against that.


It was a blessing in January seeing people from our email list plus those on Facebook and other social media sites, who connected with us for the 'An Appeal To Heaven Tour,' with Rick Curry from Kentucky, who also spoke at the Presidential Inaugural Prayer Breakfast in Washington, D.C. Pastor Caleb Cooper of Truth or Consequences' New Hope Revival Church moved in obedience to initiate these meetings up the 'Royal Road' or the 'Kings' Highway,' from Las Cruses to Radium Springs, T or C, Socorro, two churches in Albuquerque and onto Santa Fe (he's hoping to get all 33 counties involved in prayer and action)! If you missed any of these events, Rick Curry, who served on the Sentinel Board, which produces the Transformation DVD series that documents revivals around the world and his church in KY was instrumental in the 'Appalachian Dawn' revival, which broke out in Manchester several years ago, so don't miss when he returns to NM in March.
Also in January, Pastors Richard Mansfield of New Beginnings Church and Brian Alarid of Passion Church (both in ABQ) launched New Mexico Prays, with 210 ministry leaders in attendance, which will cover our state in 24/7 prayer, so if you're not already connected, visit http://newmexicoprays.org follow them @twitter plus like & share their Facebook page today and tell everyone you know in New Mexico to get involved, so God can have His Way!
February of course is the month of Love, with Ash Wednesday, when believers around the world begin to repent, fast and pray (for 40 days, leading up to Palm Sunday and Resurrection Sunday/Passover), Valentine's Day (Google Saint Valentine and learn the founding principles of this special holiday) and Washington's Birthday/President's Day. George Washington, as our first President, issued our very first National Day Of Prayer here in America (I hope you're all getting ready for NDP http://nationaldayofprayer.org on the first Thursday of May).
Needless to say, God is doing great and mighty things in our midst, so don't stop praying, but make an added effort to flesh out your prayers. We're breaking up the fallowed ground and planting good seed, so as God continues to heal our land, expect a great harvest of souls, which will make all of heaven rejoice! As we head toward Spring, let's set our eyes upon Jesus, The Author & Finisher Of Our Faith, because we hit the ground running in 2017, so let's plan events throughout our state, north, east, south, west, in the high places and the low, along the highways and byways, in small communities and large cities, because God's on the move and we want to be obedient to the gift and call He has placed in each one of us. Contact me if you would like to do an event in your area and tell everyone you know about New Mexico Prayer Connect http://nmprayerconnect.weebly.com & http://nmprayerconnect.org !


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Gambles Mill Eco-Corridor
Solar Dashboard
Recycling & Waste Diversion
Campus Sustainability Map
Over the next year, Gambles Mill Corridor and Little Westham Creek will be undergoing Eco-Corridor construction and stream restoration. This project is a prime example of campus stewardship that will improve the health of Little Westham Creek and the surrounding area for years to come.
About the Eco-Corridor
This project includes four key components: construction of a multi-use recreational trail, removal of invasive plants, management of storm water, and restoration of Little Westham Creek.
Little Westham Creek and the land surrounding it perform critical functions in our watershed. Improvements made through the Eco-Corridor project align with a vision first described in the 2011 Campus Master Plan and is supported by our value of stewardship. The project also presents a tremendous opportunity for high impact educational practices. During the 2018-2019 academic year, the Bonner Center for Civic Engagement convened faculty to form an Eco-Corridor Think Tank, which resulted the area being integrated into future coursework for a number of classes. Continued study of Little Westham Creek and the effects of its restoration are a prime example of engaged scholarship with potential to inform real-world practices.
During the process of designing the Eco-Corridor, students, staff, faculty and community members were brought together to produce a shared vision for this 13-square-acre section of campus. Themes that emerged—including nature, community, reflection, education, and well-being—informed a master plan that detailed development of the Eco-Corridor. Based on those themes, the final design for the Gambles Mill Eco-Corridor includes the following features:
• Restoration of Little Westham Creek
• Realignment and paving of 10-foot-wide Gambles Mill Trail with planting of shrubs, buffer trees, and ground cover along trail
• Creation of a meadow walk with native plantings, a woodland walk, and spaces for teaching outdoors
• Native trees, shrubs, perennials, seeding, and a seat wall at the wastewater remnant site
• Gates, bollards, and signage at the north and south ends of the trail
• New water line to the Community Garden with backflow preventer and three hose bibs
• Stormwater management demonstration areas, including a bio-swale, rain garden, and level spreaders
• Informal paths to the stream
Follow the Story of the Eco-Corridor
Click through the story map below to learn more about the history of Gambles Mill Corridor, the significance of stream restoration for Little Westham Creek, and some exciting features being incorporated into the new Eco-Corridor. View the map in a separate tab here.
Goats & Invasive Plant Removal
The first phase of the Eco-Corridor construction was invasive plant removal. A herd of goats arrived on campus in April 2018 to help in this portion of the project. Though still novel, goat browsing is an increasingly common, environmentally-friendly landscape management practice that reduces need for herbicide and gas-powered equipment. An Anatolian Shepherd Dog was placed with the goats to protect them from any potential dangers posed by wildlife.
Goats at the Eco-Corridor

redpajama_set_name: RedPajamaCommonCrawl


Agree Or Disagree With The Following Statement: Oedipus Is More Of A Hero Than Odysseus. You Will Also Need To Define "Hero".
Find Another Essay On Agree or disagree with the following statement: Oedipus is more of a hero than Odysseus. You will also need to define "hero".
"the stock market is shortsighted, that it only cares about the next quarter's performance." do you agree or disagree with this statement and why?
460 words - 2 pages that he is guilty of hanging a young innocent boy and deserves to be killed or sent to prison. Although it's easy to see where Elie's statement is coming from and why he chose to make it, it is clear that he made his statement more out of emotion than actual logic. I disagree with his judgment because silent bystanders do not always have the power to stop or intervene with the crime without endangering themselves.


text:
Today from Hiiraan Online:
Somali Map
Somalia: Situation Report no. 11 – 20 Mar 2008
Source: United Nations Office for the Coordination of Humanitarian Affairs
Main Developments
The drought that has hit the country's central regions is spreading to northern parts of Somalia. The preliminary findings of an inter-agency drought assessment conducted from 13 to 15 March in Togdheer, Sanaag, Sool, and Wogooyi Galbeed regions of Somaliland conclude that parts of these regions are currently facing severe water and food crisis as a consequence of failed Deyr rains (short rains - October to December) and worsening drought conditions.
In Togdheer region the areas most affected are Burco, Balidhiig, Buuhoodle districts and southern parts of Owdweyne district. Livestock conditions are deteriorating, and some families have already lost up to 30% of their herds. Other income generating activities, such as the collection and sale of firewood and production of charcoal have intensified, which could lead to adverse environmental consequences. Emergency interventions recommended in the assessed areas include water trucking and rehabilitation of water points, food distribution, supply of veterinary drugs and expanding health services.
Drought throughout the country is causing new displacement. UNHCR and partners reported that nearly 4,000 internally displaced persons (IDPs) from Mahaday district (Middle Shabelle) and South Mudug have moved to Mogadishu during the month of March due to the drought in their areas of origin.
Ten people were killed and at least 30 others injured in inter-clan fighting in Gaalkacyo, Mudug region, on 17 March. The clash was triggered by a land dispute. In general the situation security in Gaalkacyo and surroundings is deteriorating due to inter-clan fighting and increasing crime-related violence.
According to field reports the number of daily clashes between Ethiopian/Transitional Federal Government and anti-government groups in Mogadishu has reduced compared to previous weeks. Civilians continue to be caught in these clashes as was the case on 19 March when at least 12 people died including civilians and several other were injured following heavy fighting in northern part of Mogadishu. According to records from the two main hospitals in Mogadishu, 147 war-wounded were admitted during the first two weeks of the month.
A disturbing development is the increasing number of crime-related incidents affecting humanitarian agencies. During the past few weeks many agencies operating in South Central Somalia have encountered vehicle hijacking and armed attacks. On 18 March, a driver working for the NGO Security office was shot and killed and his vehicle stolen in Gaalkacyo. The same day, an MSF staff died in a hospital in Mogadishu following severe injuries sustained during an attack on an MSF vehicle on 12 March. In the past three months ten international NGOs and UN agencies and four national NGOs have been victims of hijacking or attempted hijacking of their vehicles, in which some staff were injured. Such incidents are seriously affecting the movement of aid workers.
Demonstrations against the rising rate of inflation took place in Mogadishu and Afgooye district on 18 and 19 March. Field reports from Mogadishu say that within the past week fuel prices have increased from $ 160 per barrel to $260. Prices for imported food commodities such as rice, sugar, and vegetable oil have also increased and are now at all time high levels, which is negatively affecting poor families' purchasing power and access to food. The elevated prices are caused by several factors including the continuing devaluation of the Somali shilling, increasing transportation costs, general insecurity and the slow-down of business activities in main market of Mogadishu, Bakara.
On a positive note, the SOS Hospital in Mogadishu has reopened after three months of closure due to insecurity. According to the hospital management, the security situation around the hospital had improved enough to allow the hospital staff to return to their work. On the first day of opening, the hospital treated 96 outpatients and delivered six new babies. SOS Herman Gmeiner Primary and Secondary School has also reopened, at a temporary premise. Around 150 children attended school on its first day of reopening.
On 17 March, a fire outbreak razed one of the most congested IDP camps in Burco called 15th May destroying many dwellings. Around 43 families have been affected. Most of these families are originally from South Central Somalia. The cause of the fire has not been identified. Humanitarian agencies are now planning to provide assistance to the affected families.
Please note that the next weekly Situation Report will be issued on Monday 31 March
Further Information in Somali or English, contact:
Muna Mohamed on + 254 733 643 737 - [email protected]
Source: UN-OCHA,March 20, 2008
Attacks on foreigners deplored - Sapa
Nigerian officers in Somalia ahead of troop deployment - AFP
Guards for African leaders battle; dozen injured - CNN
SOMALIA: "Runaway inflation" hurting livelihoods in Puntland - IRIN
Somali insurgents overrun government bases; 7 killed - AP
7 killed in latest raid by Somalia's Islamic insurgents - AP
South Africa: Somali shot, robbed at shop - Sapa
Somali refugee community takes lead in local integration in South Africa - UNHCR
Opinion | Sports | Somali Music | Somali Map
All Rights Reserved Copyright. © 1999-2021, www.hiiraan.com


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Q: Whether to extend interface, when base class already extends same interface In C#, as shown in the code snippet below, is it correct/proper to extend the interface IFoo when declaring the class A, knowing that the class BaseClass extends the interface IFoo? Is it necessary to specify the interface IFoo here, and is it best practice?
class A : BaseClass, IFoo
{
}

Might be a silly question, but what is the appropriate practice in this case?

A: If the BaseClass is Inherited from IFoo it is totally unnecessary to use IFoo in your Class A.
Check the image below (Resharper is used for this recommendation)

Special thanks to @InBetween
If interface reimplementation is the case, re-defining interface on child class has use case.
interface IFace
{
    void Method1();
}
class Class1 : IFace
{
    void IFace.Method1()
    {
        Console.WriteLine("I am calling you from Class1");
    }
}
class Class2 : Class1, IFace
{
    public void Method1()
    {
        Console.WriteLine("i am calling you from Class2");
    }
}

int main void ()
{
    IFace ins = new Class2();
    ins.Method1();
}

This method returns i am calling you from Class2
whereas,
interface IFace
{
    void Method1();
}
class Class1 : IFace
{
    void IFace.Method1()
    {
        Console.WriteLine("I am calling you from Class1");
    }
}
class Class2 : Class1
{
    public void Method1()
    {
        Console.WriteLine("i am calling you from Class2");
    }
}

int main void ()
{
    IFace ins = new Class2();
    ins.Method1();
}

returns I am calling you from Class1

A: Although the accepted answer is correct in your particular scenario, this is not always the case.
Redeclaring the interface in the class declaration can be useful and necessary: when you want to reimplement the interface.
Consider the following code, study it carefully:
interface IFoo {
    string Foo(); }

class A: IFoo {
    public string Foo() { return "A"; } }

class B: A, IFoo {
}

class C: A {
    new string Foo() { return "C"; } }

class D: A, IFoo {
    string IFoo.Foo() { return "D"; } }

And now try to figure out what the following code will output:
IFoo a = new A();
IFoo b = new B();
IFoo c = new C();
IFoo d = new D();

Console.WriteLine(a.Foo());
Console.WriteLine(b.Foo());
Console.WriteLine(c.Foo());
Console.WriteLine(d.Foo());

Do you now see how redeclaring the interface (type D) can be useful?
Also, another good point to make is how the information in MSDN can be misleading seemingly implying that many interfaces are redeclared without any apparent reason in a lot of classes; many collection types for instance redeclare infinite amount of interfaces.
This is really not true, the problem is that the documentation is built upon the assembly's metadata and the tool can't really discern if the interface is declared directly in the type or not. Also, because its documentation, explicitly telling you the implemented interfaces, regardless of where they are actually declared, is a bonus even if its not 100% accurate with the source code.

redpajama_set_name: RedPajamaStackExchange


text:
Tragically Hip - Day For Night (Silver Vinyl)
Home / Tragically Hip - Day For Night (Silver Vinyl)
25th anniversary of the Tragically Hip's iconic "Day For Night" originally released on September 24th, 1994.
On this album, the band continues to churn with the same rock & roll fervor found on 1993's enigmatic "Fully Completely". Gordon Downie's signature lyrical mysteries are just as lush, but much more dark-spirited. He's looking for a listener to identify with his passionate wordplay, which is both sturdy and sensitive.
Limited edition SILVER double edition produced by Universal Music. Gatefold sleeve.
The Tragically Hip released 'Fully Completely' in 1992. Spawning multiple hit singles like "Locked in the Trunk of a Car", "Courage" (For Hugh McLennan), "At The Hundredth Meridian" and "Fifty Mission Cap". This record has gone on to sell more than a mill
Tragically Hip - Fully Completely (20th Anniversary)
Man Machine Poem is the thirteenth album by Canadian rock band The Tragically Hip, and the last album to be released before the death of lead singer Gord Downie, as well as their last to be composed of new material. It was released on June 17, 2016 on Uni
Tragically Hip - Man Machine Poem
The Tragically Hip returned in 1998 with their 6th studio album 'Phantom Power'. The album features the singles "Poets", "Something On", "Fireworks" and "Bobcaygeon" - one of the most popular Hip tracks of all-time.
Tragically Hip - Phantom Power
"Introduce Yerself" is the sixth solo studio album from beloved songwriter and lead singer of The Tragically Hip, Gord Downie. Produced and co-written by Broken Social Scene's Kevin Drew, "Introduce Yerself" is a collection of twenty-three new songs about
Gord Downie - Introduce Yerself
In 1991, The Tragically Hip had intended to release 'Road Apples' as a double album and 'Saskadelphia' was the original working title. It features six previous unreleased tracks from the sessions recorded in the Fall of 1990, including the single "Ouch".
Tragically Hip - Saskadelphia (Silver Vinyl)
Celebrate the 30th Anniversary of The Tragically Hip's 1991 landmark album 'Road Apples' with this limited red vinyl edition. The record features the singles "Little Bones", "Three Pistols", "Twist My Arm", "Long Time Running" and "On the Verge"
Tragically Hip - Road Apples (30th Anniversary) [Red Vinyl]
Celebrate the 20th Anniversary of Gord Downie's solo debut album 'Coke Machine Glow' with this expanded 3LP version featuring 'Songwriters' Cabal': a collection of unreleased tracks and rarities, demos, and kitchen table recordings from 1999-2000.
Gord Downie - Coke Machine Glow (20th Anniversary Expanded Edition) [3LP]
The Tragically Hip's 1997 live album 'Live Between Us' was recorded in Detroit during the 'Trouble At The Henhouse' tour, capturing the true magic of Gord Downie's live presence. Highlights include "New Orleans Is Sinking", "Scared" and "Courage".
Tragically Hip - Live Between Us


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text:
Letter from the principal 16 february
February 16, 2021 | BY Mrs K. Stear
Dear Parents and Learners
Yesterday we welcomed back to school the grades 4, 5, 7, 8, 10 and 12. Textbooks and stationery packs were successfully handed out and all the grades were orientated again on the protocols to follow during the pandemic. The learners were very receptive and well behaved.
The grades 6, 9 and 11 classes received their textbooks, stationery packs and school work for week one last week. I urge these girls to start promptly with their school work. These grades will attend school next week.
The hostel opened on Sunday evening for the return of the boarders. A classroom at the school has been allocated to the boarders in grades not attending school on certain weeks. This will enable our boarders to do their school work at the school where there is supervision.
I remind parents that all textbooks need to be covered as this protects the books. Textbooks are very costly and we strive to keep these books in as good a condition as possible.
Please study the table below to determine when your daughter/s will attend school and when they will be working at home.
The Department has issued an instruction that all learners who were granted exemption from attending school in 2020, shall be exempted until 30 June 2021, or until further notice, depending on changing circumstances. Learners who have not applied for exemption, and now wish to do so, may do so. The relevant application can be found on the d6. Learners who have been exempted from school attendance, and whose circumstances have improved, are urged to return to school as soon as possible.
I urge all parents to ensure that they have downloaded the d6 Communicator. All happenings and updates at the school are posted onto the d6 so it is our main means of communication with parents. The amended 2021 school calendar has been loaded onto the d6. Please see below the new term dates:
Term 1: 15 February – 23 April
Term 2: 03 May – 09 July
Term 3: 26 July – 01 October
Term 4: 11 October – 15 December.
I wish you all a successful and rewarding year. Please stay safe.
Mrs K Stear
Mrs K. Stear
Keep me updated?
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This 1,131 sq. ft. bungalow style home is close and walking distance to all amenities! Features 3 bedrooms, 1 bath, eat-in kitchen, living room, first floor laundry, open front porch and more. With little TLC could be adorable. Why pay rent when you can own! Call and schedule your showing today!


Di man or woman who yuh choose as your mate can make or break you! Your choice can either elevate you, or bring yuh down inna hole, so we have to be very careful of the person with whom you share your dreams and aspirations because some a dem bad mind yuh unda di quiet!
Some people who yuh deh wid only come fi "cream" offa yuh, see wah dem can beg, thief, and borrow! If yuh eva lef yuh self careless dem nyam yuh outta house and home! Dem come wid dem ulterior motive fi scrape and build themselves out of your resovoir of love and kindness, and leave you feeling depleted. Nuff time di Lucifer dem profess love, but that is just to help facilitate the lies and pretence.
Anno love dem love yuh, dem love what you can do for them and what they can get. Dem a ole dutty opportunist! They are loyal to themselves and their agenda, so yuh haffi keep yuh eyes open and be keen.
Many times there are red flags that are overlooked for different reasons. Some because him "one eye serpent" tun up, or him body good, or him have swag or whatever hold he may have.
Other times di black widow spider dem hard fi detect because they have mastered the art of selling a lie! Some a dem a walk a beat dem chest bout dem hard-working, and dem naa talk how much woman dem nyam out, rob, use, abuse, and con fi have dem tings! Mi know dem file!
Some man weh mi see a dis and a tek libaty wid people gal pickney hurt every fibre inna mi body! Some a dem no have class, colour, nor texture and yet dem want ill-treat woman. And not that a man wid class, colour, or texture have di right fi disrespect either, but mi know unnu know wah mi mean! Some a dem fi gweh! Some man weh don't even graduate from basic school want pass dem place! Fadda good an great God!
It is imperative that, especially as women, we know our worth and have a line that is not to be crossed, and if the line is crossed then there will be consequences to pay. Yuh dignity and yuh pride can't be so low that it's in the dirt where every man can walk over you and do as he pleases. Sometimes, it's hard to let go, but nuff time a di best ting coulda happen to yuh! More time yuh haffi get rid of "Mr Wrong" so "Mr Right" can come in! If yuh keep Mr Wrong around, he's only gonna further stifle your potential and stunt yuh growth! Believe inna yuhself, love yourself, and know that God will send someone loving and kind.
Love is not poisonous ... love nuh ugly! Dis go fi di man dem too because some a unnu have some Jezebel and Delilah inna unnu life weh unnu need fi pray out!
Your choice of partner affects your life because we sometimes unconsciously adopt the mindset and lifestyle of the person we're with. Chances are that if yuh partner on the road to "nowhere" yuh need fi jump off a di bus and go "elsewhere"! We no haffi accept no mediocre crasses people inna we life jus' fi seh we deh wid smaddy! Strength doesn't come overnight, but it is important to do justice to yourself and to your happiness. We all make mistakes, but it is important that we learn from the "duppy show relationship" dem and make better choices!
Awake ... Rise Up ... Know your worth and choose wisely! Brighten your day.


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Explain how your background, experiences, or community involvement up until now and your plans for the future to help promote greater acceptance for diversity or a better understanding of the importance of diversity in our society.


Fevzi Hussein returns for second spell as Embargoed! chair – EMBARGOED! – Campaigning for Turkish Cypriots, Embargoed since 1964.
Over a third of all UK-based Embargoed! members turned out for the AGM, which took place in the private room at Tas Restaurant in Bloomsbury. The group elected a new committee to take over from Emel Djevdet, Fahri Zihni (Acting Chair) and Selen Guneser. The nominations for Chair, Treasurer, and Secretary were unopposed. In addition to electing a new committee, reports covering the group's activities and finances during the 2011-2013 period were submitted and approved by the members. Operating on a slender budget of just £10,000 per annum, the volunteer-led group continued to be as active as ever.
In 2012, Embargoed! ran a major campaign about the exclusion of Turkish Cypriots from the Olympics, which forced comments from both the IOC and Greek Cypriot leader Demetris Christofias. Various actions were undertaken during the Greek Cypriot EU Presidency, including co-ordinating a letter signed by British notables about Turkish Cypriot rights, which was published in the Daily Telegraph. Embargoed! has spearheaded the EU hellim/halloumi campaign, and exposed and challenged anti-Turkish politicians in Britain, such as Enfield-Southgate MP David Burrowes and Enfield councillor Chris Joannides. The group also helped drive the historic moment when the Scottish Trade Union Congress (STUC) Black Workers Conference unanimously passed a motion in 2011 calling for an end to the embargoes on North Cyprus.
Along with campaigning and lobbying, the group has issued quarterly newsletters to its 4,000-strong global support base and produced several topical videos. These include the Turkish Cypriot Olympic Project, interviewing people such as Dr Tommie Smith and Olympic gold medallist Tessa Sanderson, and the London Elections, urging British Turks living in London to get politically active. The group also regularly shares key news from and about the TRNC with its supporters and stakeholders to ensure the embargo issue is never out of the public spotlight.
Highlighting his plans for Embargoed! during the year ahead Mr Hussein said: "The Turkish Cypriot Olympic Project and the 50th anniversary of the start of the embargoes will be very significant for our group." He added that, "Combating bigotry against Turks in Cyprus will also be one of the main priorities", pointing to the recent experiences at the Cyprus Wine Festival held at Alexandra Palace where British Turkish Cypriots were deeply offended through the overwhelming amount of anti-Turkish propaganda being distributed at the event. More fundraising, doubling the group's membership and better engagement with other Turkish Cypriot associations will also form part of Embargoed!'s aims for the next 12 months.
The AGM, chaired by Ergin Balli, started by paying tribute to Bengu Shail who died last week. The 34-year old Turkish Cypriot had campaigned tirelessly to get British Turks and Cypriots to sign up to the Bone Marrow Registry. Those unable to attend the AGM sent their apologies and good wishes, including Billy Hayes, General Secretary of the 200,000 strong Communication Workers Union, Danny Lynch from football anti-racism body Kick It Out, and Baroness Meral Ece-Hussein. Following guest speaker Alp Mehmet, Embargoed! member Esat Mustafa also gave a brief introduction to his forthcoming book in Turkish called Kıbrıis Tarihinde Yağmuralan (Vroisha in Cyprus History).


Your vehicle's brakes are one of the most important systems in your car. Brakes are sometimes taken for granted until you need them most - when you need to STOP to avoid a major accident.
It takes several key components to stop your car. We list them here in this section.
We have also included a diagram of your braking system (in each section) so that you thoroughly understand how your brakes work. It will show you the hardware.
Want more detail about your vehicle's braking system? Select a section.


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Jumping the Broom: Everything You Need to Know About the Tradition
Ariana LaBarrie
Ariana LaBarrie has been writing professionally since 2013. Her work has appeared in NYLON, Paper Magazine, and RedBull Music.
Photo by Saje Photography
Many cultures have rituals that are integrated into wedding ceremonies to celebrate the heritage and pass down customs to another generation. Jumping the broom is a Black wedding tradition steeped in history.
What Is Jumping the Broom?
Jumping the broom is a traditional act performed at some Black weddings. After vows are exchanged, the newlyweds hold hands and jump over a broom to seal the union.
The broom has different meanings in several cultures. In Christian ceremonies, the broom handle represents God, the straw bristles signify the couple's families, and a ribbon around the broom symbolizes the ties that bind the couple. In Pagan ceremonies, it is said that the broom handle represents the male phallus and the bristles represent female energy. Learn more about the tradition and how it is integrated into weddings with help from expert Nicole Harris.
Nicole Harris is the owner and creative director of Dreams In Details based in Los Angeles. She plans luxury events and weddings, several of which have involved couples jumping the broom.
The History and Meaning of Jumping the Broom
The history of jumping the broom is convoluted, with several conflicting accounts about the origin of the ritual. Some argue that it originated in West Africa. Brooms were waved over the couple's head to ward off evil. A broom was then placed on the ground and the couple would jump over it. A good-natured joke was whoever jumped the broom the highest was designated as the household decision-maker.
Others argue that it originated in Wales. In Wales, Roma people's marriages were not recognized by the church, so they would have "Besom Weddings," referring to a type of broom. With these kinds of weddings, couples would jump over the broom without touching it to get married. To annul the marriage, the couple would jump over the broom backward. Some accounts say the broom was placed as a hurdle and the couple would jump the broom separately. If the broom fell or if either party did not make it over the broom, the union was considered not meant to be and the wedding was canceled.
During slavery in the United States, brooms were readily available to the enslaved and could be used in wedding ceremonies. Enslaved people would jump over the broom to marry since they could not legally wed. Other people argue that slave owners would force them to get married in that manner. After slavery ended, some Black people would still get married by jumping the broom if an officiant was not readily available, and they would legalize their marriage later. Many formerly enslaved people did not feel the need to get legally married and believed jumping the broom years prior was valid enough.
A resurgence of jumping the broom occurred after it was featured in Alex Haley's novel about slavery, "Roots: The Saga of an American Family" in 1976 and in the television mini-series in 1977. While there are different feelings about the tradition, in modern-day ceremonies, many Black people incorporate jumping the broom into their ceremony. However, there are various reasons why a Black couple may decide not to jump the broom. Some people believe that it is archaic and do not like its ties to slavery. Others may simply not want it to be a part of their ceremony. It is a personal choice.
"When African Americans incorporate jumping the broom it is to pay homage to their culture and legacy," says Harris. "It is a tradition of the ancestors of African Americans and they want to keep it going because 'jumping the broom' is a major part of their heritage. They also decide to jump the broom to bless the marriage."
Jumping the Broom FAQs
When does jumping the broom happen in the ceremony?
After exchanging vows and saying "I do," the officiant will either provide a prayer, poem, or a brief explanation of the meaning of jumping the broom, explains Harris. The broom is then placed on the ground and the newlyweds jump over it.
Who places the broom on the ground?
Anyone can place the broom on the ground—there is no traditional person who takes on this role. However, a couple may choose a significant person to take on this responsibility.
Where does the broom come from?
The broom can be a family heirloom that is passed down through generations. It also can be purchased or be made by the couple, family members, or someone significant to the couple. Brooms can be bought at a craft store and decorated. Several online retailers, like Etsy, sell pre-made brooms or customize it for the couple.
What does the broom look like?
The broom is not the typical household tool that you have in your home. It is usually three feet long and has a wooden handle with natural bristles. According to Harris, most brides customize their brooms. The broom typically has silk ribbons, flowers, intricate beading or lace. Some couples have guests write their names on decorative paper to attach to the broom before being used in the ceremony. This symbolizes the guests and their well-wishes for the couple entering a marriage.
What do you do with the broom after the wedding?
Many couples save the broom as a keepsake from their wedding or pass it down to future generations. When the wedding is over, hang the broom as a beautiful decoration and symbol of your union in your home.
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The 2008–09 IRB Sevens World Series was the tenth of an annual IRB Sevens World Series of rugby union sevens tournaments for full national sides run by the International Rugby Board since 1999–2000.

South Africa clinched the 2008–09 World Series, its first Series title.  The defending series champions New Zealand finished fourth.

Sevens is traditionally played in a two-day tournament format. However, the most famous event, the Hong Kong Sevens, is played over three days, largely because it involves 24 teams instead of the normal 16. Starting in 2008–09, the Australia leg (which involves the normal 16 teams) was spread out over a three-day period.

Tournaments
The series' tournaments are identical to 2007–2008 and span the globe:

The 2009 Rugby World Cup Sevens was not a part of the 2008-09 series. Unlike the 2005 edition held in Hong Kong, the 2009 edition did not replace one of the 2008-09 series events. The World Cup was held in Dubai from March 5–7, 2009 and won by Wales.

Core teams
Prior to the season, the IRB announced the 12 "core teams" that would receive guaranteed berths in each event in the 2008–09 series:

The one new core team was the USA, which replaced its neighbor Canada.

Points schedule
The season championship is determined by points earned in each tournament. For most events, points are awarded on the following schedule:
Cup winner (1st place): 20 points
Cup runner-up (2nd place): 16 points
Losing Cup semifinalists (3rd & 4th place): 12 points
Plate winner (5th place): 8 points
Plate runner-up (6th place): 6 points
Losing Plate semifinalists (7th & 8th place): 4 points
Bowl winner (9th place): 2 points

Points are awarded on a different schedule for the Hong Kong Sevens:
Cup winner (1st place): 30 points
Cup runner-up (2nd place): 24 points
Losing Cup semifinalists (3rd & 4th place): 18 points
Losing Cup quarterfinalists (5th, 6th, 7th & 8th place): 8 points
Plate winner (9th place): 4 points
Plate runner-up (10th place): 3 points
Losing Plate semifinalists (11th & 12th place): 2 points
Bowl winner (17th place): 1 point

Tournament structure
In all tournaments except Hong Kong, 16 teams participate. Due to its place as the sports most prestigious annual event, the Hong Kong tournament has 24 teams. In each tournament, the teams are divided into pools of four teams, who play a round-robin within the pool. Points are awarded in each pool on a different schedule from most rugby tournaments–3 for a win, 2 for a draw, 1 for a loss. The first tiebreaker is the head-to-head result between the tied teams, followed by difference in points scored during the tournament.

Four trophies are awarded in each tournament, except for Hong Kong. In descending order of prestige, they are the Cup, whose winner is the overall tournament champion, Plate, Bowl and Shield. In Hong Kong, the Shield is not awarded. Each trophy is awarded at the end of a knockout tournament.

In a 16 team tournament, the top two teams in each pool advance to the Cup competition. The four quarterfinal losers drop into the bracket for the Plate. The Bowl is contested by the third-place finishers in each pool, while the Shield is contested by the last-place teams from each pool. In Hong Kong, the six pool winners, plus the two highest-finishing second-place teams, advance to the Cup. The Plate participants are the eight highest-ranked teams remaining, while the lowest eight drop to the Bowl.

Final standings
The points awarded to teams at each event, as well as the overall season totals, are shown in the table below. Points for the event winners are indicated in bold. A zero (0) is recorded in the event column where a team competed in a tournament but did not gain any points. A dash (–) is recorded in the event column if a team did not compete at a tournament.

Notes:

Light blue line on the left indicates a core team eligible to participate in all events of the series.

Player statistics

Most points

Most tries

Tournaments

Dubai

South Africa

New Zealand

United States

Hong Kong

Australia

London

Scotland

References

External links

World Rugby Sevens Series

redpajama_set_name: RedPajamaWikipedia


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Home Uncategorized Tarantula Vs. Snake — You'll Never Guess Who Wins
You never want to get in between a tarantula and a snake. Just walk away.
In this corner, weighing in at roughly 3 ounces, 9 inches in length and sporting some world-class, 2-centimeter fangs, we have Tarantula, the world's largest spider.
Photo by: Someone Crazy
In this corner, coming in at 15 inches and undefeated in all previous bouts with spiders, we have the Almaden ground snake.
Sadly, we don't have live footage of the event but we can now confirm that, for the first time ever recorded, Tarantula took down Snake in what looks to have been a first-round knockout (and devouring – you get to eat your prey in all officially sanctioned Animal Kingdom bouts.)
A grad student in Brazil, Leandro Malta Borges, documented the fight and its aftermath. He then published what scientists are calling the first known account of a wild tarantula killing and eating a snake.
What makes it all the more impressive to researchers is that this particular species of tarantula doesn't produce venom. That means it would have had to neutralize the snake by mashing at its flesh with its fangs to essentially gut it, exposing its entrails, then liquefying everything for easy digestion.
We're just interested in the bout, of course, but people like Borges and his colleagues are obsessing over the fact that there's no scientific evidence to suggest that this particular species of tarantula, known as G. quirogai, wields venom strong enough to sedate the snake.
That means it had to do all the work with its formidable fangs.
"Predation of such a large snake in relation to the size of the spider was extremely surprising to us," Borges told Live Science.
Given the tarantula's record in the wild, it seems surprising that it hasn't taken down a snake before. They have been well documented taking out birds, frogs, lizards, and mice, according to Science Alert.
Other spiders have taken down snakes, but it's because they've used a web, venom, or both. There are recorded instances of tarantulas killing snakes, but they were egged on by scientists (a rigged fight) in controlled experiments, Borges' report notes.
"Most likely, the snake was surprised upon entering the spider's environment and hence subdued by it," the report concludes.
"There are other records of spiders preying on snakes, such as the famous black widow, which has a strong toxin and, besides, rely on the web for capturing," says Borges.
Our own Brett Cannon, an award-winning angler and hunter, had his own recent encounter with a Florida Huntsman spider. You can read his full account here.
This is why you wear a safety harness. This bad boy decided to jump on my face while I was climbing outta the tree this morning. He then crawled around my headed down my back then jumped off my boot. The spider was so big I thought a squirrel landed on me. It literally scared the piss out of me, I could of easily fell out if I wasn't still in my harness. Guys and girls please be smart and wear a safety harness!
A photo posted by Brett Cannon (@brett_cannon) on Sep 23, 2016 at 7:22am PDT
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Tags archive: Film Review
Home /Tag: Film Review
Film Review: 'Creed'
When the newest addition to the "Rocky" franchise, "Creed," was announced, fans couldn't help but wonder if this new installment would breathe life into a…
Film Review: "Spectre"
Rating: B+ One of the world's longest-running film franchises returned to theaters recently with its newest installment. "Spectre," the 24th James Bond film that has…
Film Review: "Our Brand is Crisis" is appropriately named
Rating: C+ Since Election Day was this past week, it seems appropriate a movie based on a national campaign would coincide. George Clooney and Grant…
Film Review: "Steve Jobs"
Rating: A+ Just over four years since his death due to pancreatic cancer, the man behind Apple Inc. and the line of Macintosh computers that…
Film Review: "Pan"
Rating: C+ Do you wish you could fly? Many children certainly wish they could, and if they came from Neverland, they might be able to.…
Film Review: "The Martian"
Rating: A Matt Damon has starred in a number of blockbuster movies since he made it to the big time with well-known films such as…
Film Review: "Everest"
Contrary to its description as a disaster movie, this thrilling and adventurous flick is not a disaster with viewers or its current box office standing.…
Film Review: "Maze Runner: The Scorch Trials"
Rating: B+ The second film adaptation of James Dashner's young adult fiction trilogy "The Maze Runner" brings to light the continuing struggle of the "Gladers"…


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SSE Airtricity League
BURKE THE FLIGHT
Shamrock Rovers star Graham Burke set to secure sensational move to Preston North End as club delegation travel to Dublin to finalise switch
Club advisor Peter Ridsdale watched Burke score his first international goal against the USA on Saturday
By Neil O'Riordan
7 Jun 2018, 9:04
Updated: 7 Jun 2018, 14:49
PRESTON NORTH END hope to complete a move to sign Graham Burke today.
SunSport exclusively revealed on Saturday that club advisor Peter Ridsdale would watch Burke in action for Ireland against the USA.
Graham Burke is wanted by PrestonCredit: Sportsfile
And a club delegation is back in Dublin today to tie up a deal.
Ridsale saw the 24-year-old become the first League of Ireland player to score a senior goal for Ireland in 40 years when he netted the leveller in the 2-1 win for Martin O'Neill's side.
Other Championship sides have since been linked with a move for the ex-Aston Villa trainee but North End's pursuit is far more advanced.
They are confident they can quickly reach and agreement on a fee and personal terms for Burke to move to Deepdale in July.
He would become the fifth player to join North End from the league here in the past 18 months, following in the footsteps of Andy Boyle, Daryl Horgan, Seán Maguire and Kevin O'Connor.
Burke could be paired up front with former Cork City man Sean Maguire - as it was revealed the 24-year-old signed a new three-year contract at Deepdale.
Maguire joined the Lilywhites from Cork City last July signing a three-year deal.
Seán Maguire is staying at DeepdaleCredit: CRAIG_BROUGH
But he impressed last season - scoring 10 Championship goals in 19 starts - and Alex Neil has wasted no time in tying him down with a new contract.
Maguire believes he will be better next season after the summer break.
He joined Preston straight from Cork City last term with his only break in the last 18 months being four-months out with hamstring trouble that also forced him to miss Ireland's summer games.
He said: "This summer is exactly what I need. I haven't had a break in about 18 months and now coming back at the end June, I am going to be fresh physically and mentally.
"That will stand me in good stead for my first pre-season for about four years in England and it is one I am really looking forward to.
Seán Maguire made his Ireland debut against Moldova last OctoberCredit: Sportsfile
"I came in in late July last year, with only one or two games to prepare for the new season, but this time it is a lot different.
"Preston North End fans last season only saw a glimpse of what I am capable of doing and I think that this year will be where they see me at my best, because I am going to be fresh and also have a half year under my belt of playing Championship football.
"I have improved a lot since I signed for Preston North End and that's what I want to continue doing.
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"I have come on leaps and bounds since I started my first campaign last August and I want to continue improving and there is no better club to do that with than Preston North End.
"Last season was my first at this level and I feel that I now have more understanding of playing at this level and next year is going to be another big year for myself.
"I feel that next year is a massive year for me and one where I want to achieve big things with the club and the ambition of the club itself of where it is going is something I am looking forward to being a part of."
Bohs' 14-year-old starlet Evan Ferguson stuns in debut against Chelsea


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Q: Decompress byte array to string via BinaryReader yields empty string I am trying to decompress a byte array and get it into a string using a binary reader.  When the following code executes, the inStream position changes from 0 to the length of the array, but str is always an empty string.
BinaryReader br = null;
string str = String.Empty;

using (MemoryStream inStream = new MemoryStream(pByteArray))
{
    GZipStream zipStream = new GZipStream(inStream, CompressionMode.Decompress);
    BinaryReader br = new BinaryReader(zipStream);
    str = br.ReadString();
    inStream.Close();
    br.Close();
}

A: You haven't shown how is the data being compressed, but here's a full example of compressing and decompressing a buffer:
using System;
using System.IO;
using System.IO.Compression;
using System.Text;

class Program
{
    static void Main()
    {
        var test = "foo bar baz";

        var compressed = Compress(Encoding.UTF8.GetBytes(test));
        var decompressed = Decompress(compressed);
        Console.WriteLine(Encoding.UTF8.GetString(decompressed));
    }

    static byte[] Compress(byte[] data)
    {
        using (var compressedStream = new MemoryStream())
        using (var zipStream = new GZipStream(compressedStream, CompressionMode.Compress))
        {
            zipStream.Write(data, 0, data.Length);
            zipStream.Close();
            return compressedStream.ToArray();
        }
    }

    static byte[] Decompress(byte[] data)
    {
        using (var compressedStream = new MemoryStream(data))
        using (var zipStream = new GZipStream(compressedStream, CompressionMode.Decompress))
        using (var resultStream = new MemoryStream())
        {
            zipStream.CopyTo(resultStream);
            return resultStream.ToArray();
        }
    }
}


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If your organization decides at some point that keeping the same practice management software will not beneficial in the long run, but rather it would be better to make the change to a smarter toolset, NCG Medical is here to help along the way.
With more than 30 years of experience providing medical billing services, we know that the implementation of a new software is just the beginning of the process. NCG Medical offers several tips and keys to success for integrating new software, including selecting specific user-leaders, starting with a smaller area of your operations to use the new technology first, continually communicating new benefits of using it, etc.
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