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Pennsylvania Supreme Court Hands Down Split Decision on Household Exclusion Issue
On April 28, 2011, the Pennsylvania Supreme Court handed down a 3-3 plurality decision, with Justice Orie Melvin have recused herself from the matter, in the case of GEICO v. Ayers which decision serves to affirm the Superior Court's decision that an insured was barred from collecting stacked UIM benefits to compensate him for injuries sustained in a motor vehicle accident.
Here's a link to the Tort Talk posting providing more background on the case presented and the exact issue addressed by the Court: http://www.torttalk.com/2010/07/pennsylvania-supreme-court-agrees-to.html
Here's a link to the Supreme Court's Order issued in GEICO v. Ayers:
http://www.courts.state.pa.us/OpPosting/Supreme/out/J-21-2011pco.pdf
Here's the link to the Supreme Court's Opinion by Justice Saylor in support of Affirmance:
http://www.courts.state.pa.us/OpPosting/Supreme/out/J-21-2011aff.pdf
I send thanks to Attorney Thomas McDonnell of the Pittsburgh law firm of Summers, McDonnell, Hudock, Guthrie & Skeel for bringing this decision to my attention. Attorney Joe Hudock from the same office handled the matter for GEICO.
Labels: Automobile Insurance, Coverage Questions, Household Exclusion
Written Materials from Tort Talk Expo Are Now Available as a PDF
To the extent you may be interested in the same, I have the written materials from the recent Tort Talk Expo available as a PDF. The materials include a civil litigation update, articles on litigating neck and back injuries, and articles on tips for improving chances for success at a Mediation or Arbitration. Note that the materials are over 80 pages long and may take some time to download and/or print.
Anyone desiring a free copy of the written materials from the recent Tort Talk Expo 2011 may contact me at dancummins@comcast.net to let me know and I will email them to you.
Labels: CLE Seminars, Cummins, Tort Talk
Tort Talk Expo 2011 Well Attended
The Tort Talk Expo 2011 took place last Wednesday, April 20, 2011 at the Mohegan Sun Casino in Wilkes-Barre, Pennsylvania. There were 107 people in attendance, made up of plaintiff's attorneys, defense attorneys, and claims professionals.
In the first half hour, I presented the Tort Talk Top 10 (or so) Cases. I followed that with a half hour presentation called "Take Me Out to the Ballgame: Little League Tips for Big League Lawyers" in which I took common baseball coaching tips and applied them to the practice of law ("Hustle!", "Keep your eye on the ball!", etc.).
In the second hour, Dr. Lucian Bednarz, a physiatrist provided an Anatomy for Lawyers presentation focusing on neck and back injuries. Also, Dr. Thomas Allardyce, an orthopedic surgeon, performed an IME on me for all to see how that process works.
The last hour was a View From the Bench. During the first hour, retired Judge Thomas Raup and retired Judge Thomas Wallitsch, both of ADR Options, Inc., provided tips on how to improve one's chances for success at at mediation or an arbitration.
The second half hour had Judge Robert Mazzoni, and, appearing for the first time together ever on any CLE stage, Judge Terrence R. Nealon and his father, Judge William J. Nealon, providing the audience with tips on how to approach pre-trial settlement conferences.
The event was followed by a cocktail reception at the Breakers Bar in the Mohegan Sun Casino that was well attended as well.
I thank everyone who attended and hope you enjoyed the event. I also thank the following table vendors who appeared at the Tort Talk Expo:
At the Scene, Inc.: http://www.atthescene.com/
Cleverfish: http://www.cleverfish.com/
Courtside Documents: http://www.courtsidedoc.com/
Digital Justice: http://www.digitaljustice.net/
Exhibit A: http://www.exhibitadigital.com/
Innovative Nursing Consultants, Inc.
Love Court Reporting: http://www.lovecourtreporting.com/
Minnesota Lawyers' Mutual: http://www.mlmins.com/
Optimo-iT: http://www.optimo-it.com/
Northeastern Rehabilitation Associates:
www.nerehab.com
Strategic Financial Planners: http://www.strategicfinancialplanners.com/
Surveillance Professionals Investigations:
http://www.survpros.com/
THANKS TO ALL PRESENTERS, ATTENDEES, VENDORS, AND SPONSORS
Photos from Tort Talk Expo (April 20, 2011)
Judge Terrence Nealon, Judge William Nealon, and Judge Robert Mazzoni
Push Back on Confirmation of Medicare/Medicaid Liens Issue
A relatively recent trend in the settlement of civil litigation matters has included requests by the liability insurance company that the Plaintiff produce final lien information with regards to Medicare and/or Medicare before the matter can be finally concluded. This is so because of the potential penalties that may exist if Medicare and/or Medicaid liens are not addressed out of the settlement funds.
In response, there has been a more recent push back by Plaintiff's counsel objecting to such requests for documented lien information, particularly where there has been previous confirmation that no such liens exist.
In an April 4, 2011 Order, in the case of Vincent v. Buck, No. 2011-CV-456 (Cambria Co., April 4, 2011, Swope, S.J.), Senior Judge Thomas A. Swope, Jr. of the Cambria County Court of Common Pleas granted a Plaintiff's Motion to Enforce a Settlement in a case where the carrier refused to issue a settlement check in a motor vehicle accident case until the Plaintiff produced documentation confirming the status of any Medicare/Medicaid Lien.
In Vincent, the Plaintiff's attorney had provided the liability carrier with copies of letters from Medicare confirming that there were no liens for the two Plaintiffs involved in this matter (these letters were not "final" confirmation lien letters). The attorney also confirmed that, with respect to one of the Plaintiffs, that person's first party medical benefits coverage had not yet even been exhausted.
The Plaintiffs also emphasized that, in the Release, which was authored by the carrier, there was no requirement that the Plaintiffs provide any final lien documentation before the payment of the settlement funds as demanded. Furthermore, the Release provided that the Plaintiffs agreed to remain responsible for any and all liens, including any liens asserted by any federal entity or agency. In the Release, the Plaintiffs also specifically agreed to indemnify and hold the liability carrier and its counsel harmless for any and all liens that may arise.
In addition to arguing the above, the Plaintiffs also pointed to the recent Pennsylvania Superior Court case of Zaleppa v. Seiwell, 9 A.3d 632 (Pa.Super. 2010) in which the appellate court held that neither the liability carrier or the defendant tortfeasor had any legal standing to attempt to act on behalf of Medicare in terms of protecting a lien.
Accordingly, when the settlement draft was not forthcoming, Plaintiff's filed a Motion to Enforce the Settlement which, as noted, was granted by the trial court in this matter. In its Order, the trial court also allowed for interest on the delayed payment and attorney's fees and costs associated with the motion.
The prevailing Plaintiffs' attorney in this matter was Joseph J. Nypaver, Esq. of the Altoona, Pennsylvania law firm of Serbin, Kovacs & Nypaver, L.L.P.
Anyone desiring a copy of this Order (without opinion) in Vincent v. Buck may contact me at dancummins@comcast.net.
Labels: Medicare/Medicaid, Practice Tips, Settlement Negotiations
Judge Van Jura of Luzerne County Addresses Motion For Coordination in a Post-Koken Case
I recently reported on Judge Terrence R. Nealon's Lackawanna County Court of Common Pleas Opinion in the case of Bingham v. Poswistilo Ritz, and Erie Ins., No. 10-CIV-6020 (Lacka. Co., April 8, 2011, Nealon, J), in which Judge Nealon ruled that third party liability claims and UIM claims may be consolidated under one caption in the post-Koken world but in which Judge Nealon also ruled that such claims should be severed in the case before him under venue issues,
At the end of his Opinion in Binghman, Judge Nealon noted that the Court took no position as to whether a plaintiff may attempt to thereafter coordinate a UIM claim in Lackawanna County with the severed tort claims in Lehigh County under the different standards applicable under Pa. R.C.P. 213.1(a)(c), pertaining to "coordination of actions in different counties."
On the heels of Judge Nealon's opinion, comes a Luzerne County decision by Judge Joseph Van Jura in the case of Orsulak v. Penn National Mutual Cas. Ins. Co. and Penn National Ins., No. 12255-Civil-2010 (Luz. Co., April 12, 2011, Van Jura, J.), addressing the open issue of coordination that was raised by Judge Nealon in the Bingham decision.
Judge Van Jura tackled this very issue in the Orsulak case and set forth the various factors to be considered on a Motion for Coordination/Petition to Transfer Venue that filed by the Defendant carrier pursuant to Pa. R.C.P. 213.1.
Under Pa. R.C.P. 213.1(a), it is provided that "[i]n actions pending in different counties which involve a common question of law or fact or which arise from the same transactions or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which a complaint was first filed to order coordination of the actions. Any party may file an answer to the motion and the court may hold a hearing."
Pennsylvania Rule of Civil Procedure 213.1(c) sets forth at least six (6) factors to be used by the Court in determining whether to order coordination and to determine which location is appropriate for the coordinated proceedings. Judge Van Jura noted that the "basis for the rule is the avoidance of multiple trials and proceedings in these separate actions and the resultant economy to both the parties and the judicial system." Orsulak at p. 4.
In addition to reviewing the factors noted under Rule 213.1, Judge Van Jura also noted guidance from the Explanatory Comment to the rule "which explains that the ultimate determination that the Court must make is whether coordination is 'a fair and efficient method of adjudicating the controversy.'" Id.
In Orsulak, the Plaintiffs' claims arose from a motor vehicle accident that occurred in Monroe County. The Plaintiffs filed a Writ of Summons in Monroe County against the tortfeasors only.
The case in Monroe County sat dormant with a Writ only filed while the Plaintiffs attempted to resolve their claims with a worker's compensation carrier and with Penn National as the UIM carrier.
When the claim with the UIM carrier and the worker's compensation carrier could not be resolved, the Plaintiffs filed a separate Complaint against Penn National as the UIM carrier alleging causes of action for breach of contract (UIM) and bad faith in Luzerne County.
Thereafter, the UIM carrier filed its Motion for Coordination/Petition to Transfer. After applying the six factors under Rule 213.1(c), along with a guidance from the Explanatory Comment, to the case before him, Judge Van Jura ruled that the Motion for Coordination should be granted and that venue in the Luzerne County case should be transferred to Monroe County.
Judge Van Jura noted that Luzerne County had no, or virtually no, connection with, the issues involved, the facts or site of the accident in question, the potential witnesses, or other sources of proof.
Judge Van Jura also noted that the Plaintiffs reside in Northampton County and that their residence was less than 33 driving miles from the Monroe County Courthouse, but over 61 driving miles to the Luzerne County Courthouse.
The court was also influenced by the fact that both the Luzerne County case and the Monroe County case were in their seminal stages and that coordination would, therefore, not result in any unreasonable delay, expense, or prejudice to any party in the action. Judge Van Jura additionally pointed to the benefits of judicial economy that would result from a coordination of the actions together in Monroe County.
Anyone desiring a copy of this Opinion in the case of Orsulak v. Penn National by Judge Van Jura may contact me at dancummins@comcast.net.
Labels: Automobile Insurance, Judge Van Jura, Koken, UIM, Underinsured Motorists Claims
New A.3d Cite for Richner v. McCance Case
The new Atlantic Third citation for the recent case in which the Pennsylvania Superior Court skirted the consolidation verses severance issue in post-Koken cases is, as follows:
Richner v. McCance, 13 A.3d 950 (Pa. Super. 2011) (Insurance company's Preliminary Objections objecting to the joinder of a Plaintiff's third party tort claim with a count for declaratory judgment against the insurance company sustained; however, the Superior Court "emphasize[d] that [it was] not here deciding the propriety of the joinder of third party liability claims with post-Koken UIM benefit claims).
Fair Share Legislation Passes in House -- Now Goes to Senate
On Monday, April 11, 2011, Pennsylvania's House of Representatives passed HB 1 by a vote of 112-81. The bill would replace Pennsylvania's joint/several liability with "fair share" liability, i.e. in most cases the defendant would only be required to pay that percentage of liability assessed to that defendant by the jury's verdict.
The bill now moves on to the Pennsylvania Senate but it is currently unclear as to when the Senate will tackle this issue. Governor Corbett has previously and publicly acknowledged his support of the Fair Share legislation.
Labels: Civil Litigation, Damages, Jury Verdicts, Practice Tips
TORT TALK EXPO ALL SET FOR NEXT WEDNESDAY
The Tort Talk Expo 2011, set to take place from 1pm - 5pm (Registration 1pm - 1:30pm) on Wednesday, April 20, 2011 at the Mohegan Sun Casino in Wilkes-Barre, Pennsylvania, is just two weeks away. This CLE program has been approved for 2 substantive and 1 ethics CLE Credit.
The seminar will be followed by a Cocktail Reception at the Breakers bar in the Mohegan Sun Casino from 5pm - 6:30 pm where attendees can continue to network and mingle.
Seats are being filled up quickly by Plaintiff's attorneys, Defense counsel, and Claims Professionals. Currently, there are over 90 attendees signed up and nearly a dozen vendor tables with different legal-related companies hoping to show you the services they can offer.
Here is an alphabetical listing of the table vendors currently scheduled to exhibit at the Tort Talk seminar:
At the Scene, Inc.: www.atthescene.com
Cleverfish: http://www.cleverfish.com
Courtside Documents: www.courtsidedoc.com
Digital Justice: www.digitaljustice.net
Exhibit A: www.exhibitadigital.com
Love Court Reporting: www.lovecourtreporting.com
Minnesota Lawyers' Mutual: www.mlmins.com
Optimo-iT: www.optimo-it.com
Strategic Financial Planners: www.strategicfinancialplanners.com
www.survpros.com
If you are interested in attending this seminar/networking event, please use the Registration Form below:
TORT TALK EXPO 2011
Seasons Ballroom
[Registration 1 p.m. - 1:30 pm]
(2 SUBSTANTIVE CREDITS, 1 ETHICS CREDIT)
Followed by a Cocktail Reception at the
Breakers Nightclub
in the Mohegan Sun Casino
The TORT TALK EXPO 2011 is designed to be a CLE Program that will be as entertaining and informative as the posts regularly sent out from the Tort Talk blog.
The seminar will be immediately followed by a cocktail reception at which attendees can network with fellow lawyers, insurance professionals, and members of the federal and state judiciary from around Northeastern Pennsylvania.
The TORT TALK EXPO 2011 will include door prizes for every attendee and chances to win raffle prizes (gift cards, sporting event tickets, etc.). There will also be vendor tables for attendees to visit with a variety of service providers in the legal field.
Also, a portion of the proceeds from this event will be donated to the Janet Weis Children's Hospital in the Geisinger Health System in Danville, Pennsylvania.
The CLE Program will include the following topics and presenters:
THE TORT TALK TOP TEN (or so) CASES
Presenter: Daniel E. Cummins, Esquire
LITTLE LEAGUE TIPS FOR BIG LEAGUE LAWYERS
(Will utilize baseball video clips to provide tips for the practice of law)
ANATOMY FOR LAWYERS: NECK AND BACK
(Also, witness a live simulation IME by an Orthopedic Surgeon)
Presenter: Dr. Lucian Bednarz, Physiatrist - Northeastern Rehabilitation Associates
Presenter: Dr. Thomas A. Allardyce, Orthopedic Surgeon
A VIEW FROM THE BENCH:
Ethical Issues in Legal Writing and Advocacy Before the Court
Moderator: Daniel E. Cummins, Esquire
Presenters: Judge Thomas Raup and Judge Thomas Wallitsch
of ADR Options -- Tips for Mediation/Arbitration
Presenters: Federal District Judge William J. Nealon, Lackawanna County Judge Robert A. Mazzoni and other members of judicial panel to be identified - Tips for Pre-Trial Conferences
Networking Cocktail Reception Follows at Breakers
5 p.m. - 6:30 p.m.
Costs to cover both CLE Seminar and Cocktail Reception:
Claims professionals/representatives and risk managers
Lawyers who are Tort Talk Email Subscribers
Lawyers who are not Tort Talk Email Subscribers
Make checks payable to "Tort Talk."
For reservations, please complete the requested information below and return it to the address noted below or e-mail it to dancummins@comcast.net.
Name(s)____________________________________
Firm/Company_______________________________
TORT TALK
c/o Daniel E. Cummins, Esq.
For more information, contact Dan Cummins at 570-346-0745 or at dancummins@comcast.net.
Labels: Cummins, Tort Talk
Judge Terrence Nealon Thoroughly Weighs In on Joinder and Venue Issues in Post-Koken Matters
On April 8, 2011, in the case of Bingham v. Poswistilo, Ritz, and Erie Ins., No. 10 - CV - 6020 (Lacka. Co., April 8, 2011, Nealon, J.)(32 pages), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas issued the most thorough Opinion to date on the issues of venue and the consolidation vs. severance of third party claims and UIM claims in post-Koken Matters.
I proudly note that, in his Opinion, Judge Nealon actually cited to Tort Talk, with its compilation of cases in the Post-Koken Scorecard, as being part of his research on the issues presented.
Concisely, Judge Nealon held in Bingham that tort and UIM claims can be joined under Rule 2229(b) since (1) the tortfeasor and UIM insurer may be "separately" liable to the plaintiff, that is, the tortfeasor up to the liability coverage limits and the UIM carrier for any amount in excess of the liability coverage, (2) both claims arise out of the same occurrence, and (3) both claims involve common questions of fact or law affecting the liabilities of the tortfeasor and UIM insurer.
In so ruling, Judge Nealon emphasized that Rule 2229(b) does not require the tortfeasor and UIM carrier to be jointly and severally liable in that it uses the disjunctive "or" in the phrase "right to relief jointly, severally, separately or in the alternative...." [Emphasis added here].
After reviewing the split of authority on the issue of consolidation vs. severance of claims from around the Commonwealth, as well as the split of authority on the issue in his own County of Lackawanna, Judge Nealon came down on the side of allowing for the consolidation of such claims.
As for the evidentiary issue(s) involving insurance that may come into play when a consolidated case of a third party claim and a UIM claim reaches trial, Judge Nealon concluded that that issue was a matter for the presiding trial judge rather than a matter to be decided at the preliminary objections stage in the case before him.
Judge Nealon nevertheless went on to provide a thorough analysis of how the evidentiary issue has been discussed and/or handled by other courts, both in the Commonwealth of Pennsylvania and in other jurisdictions. The Judge reviewed the different approaches adopted by other states i.e., trying the case as a tort case with the UIM insurer removed from the caption, but bound by the verdict, and insurance not referenced vs. allowing UIM insurance to be mentioned, but not on the issue of whether the tortfeasor "acted negligently or otherwise wrongfully," and considering such evidence as being "offered for another purpose" as permitted by Rule 411.
Ultimately, Judge Nealon decided that it should be the trial judge who could revisit the evidence of insurance issue closer to the time of trial and determine, again, at that time, whether the cases should remain consolidated for trial purposes.
At this preliminary objections stage of the matter, the Bingham court felt that the better approach was to leave the cases consolidated for at least discovery purposes as a matter of judicial economy and to lessen the burden and expenses on the parties and the court.
While Judge Nealon ruled that the claims could be consolidated under one caption, he ultimately ruled that the cases should be severed under the venue issue presented in this matter.
Under the facts of the Bingham case, the accident occurred in Lehigh County and the tortfeasors were not residents of Lackawanna County and could not be served in Lackawanna County.
The Plaintiff filed the Complaint in Lackawanna County on account of the fact that the Plaintiff's UIM policy with Erie Insurance Exchange had a forum selection clause that required the lawsuit to be pursued in the county of the insured's domicile or residence (which was Lackawanna County).
Judge Nealon noted that Erie's forum selection clause had been previously upheld as valid by the Pennsylvania Superior Court in the separate case of O'Hara v. First Liberty Ins. Corp., 984 A.2d 938 (Pa.Super. 2009) appeal denied, 995 A.2d 354 (Pa. 2010).
The Plaintiff argued that all of the claims could be pursued in Lackawanna County under the venue Rules of Civil Procedure (Pa.R.C.P. 1006(c)(1)) which essentially states that, where venue was good for one of the defendants, the other defendants could also be brought to suit in that same county.
However, Judge Nealon noted that Pa.R.C.P. 1006(c)(1) only applies in actions "to enforce a joint or joint and several liability," and because the UIM insurer could never be responsible for the full amount of the jury award, it could not be considered to ever be potentially jointly and severally liable with the tortfeasor(s).
Accordingly, the Judge sustained the venue preliminary objection asserted by the tortfeasor defendants, severed the tort and UIM claims, and transferred the tort action to Lehigh County and kept the UIM claim in Lackawanna County as per the forum selection clause.
In his Opinion, Judge Nealon went on to note that the court took no position as to whether the Plaintiff may thereafter attempt to coordinate his UIM claim in Lackawanna County with the tort claims in Lehigh County under the different standard applicable under Pa.R.C.P. 213.1(a) and (c).
Anyone desiring a copy of this thorough Opinion by Judge Nealon in the Bingham case may contact me at dancummins@comcast.net.
Labels: Automobile Insurance, Judge Nealon, Koken, UIM, UM, Underinsured Motorists Claims, Uninsured Motorists Claims
Former Luzerne County Judge Michael Toole Sentenced
Here is a link to an April 9, 2011 article by Terrie Morgan-Besecker of the Times Leader regarding the sentencing of former Luzerne County Judge Michael Toole to 30 months (Two and a half years) in federal prison:
http://www.timesleader.com/news/Ex-judge_rsquo_s_new_chambers__A_cell_04-08-2011.html?searchterm=Toole
Labels: Judge Michael Toole, Luzerne County
Post-Koken Decision Out of Warren/Forest Counties in Favor of Severance of UIM/Bad Faith Claims
On April 6, 2011, Judge Gregory Hammond of the 37th Judicial District in Pennsylvania (Warren and Forest Counties combined) issued an Order in the post-Koken case of Burr v. Erie Ins. Exchange, No. 008-Civil-2011/Forest County Branch (Warren and Forest Co., April 6, 2011, Hammond, J.), in which he ruled that a combined UIM and Bad Faith lawsuit would be severed and that the discovery and trial in the Bad Faith aspect of the case could only occur after the resolution of the UIM case by verdict or settlement.
According to a review of the Post-Koken Scorecard, which you can always view by scrolling down the right hand column of this blog and clicking on the date noted under "Post-Koken Scorecard," Judge Hammond's ruling is consistent with the majority rule in this Commonwealth (8 counties in favor of severance of UIM and Bad Faith claims [counting this decision as covering 2 counties] and 4 counties in favor of consolidation).
Labels: Automobile Insurance, Bad Faith, Koken, UIM, UM, Underinsured Motorists Claims, Uninsured Motorists Claims
Preliminary Objections Granted in Luzerne County Post-Koken Case
Another post-Koken decision on a pleadings issue has come out of Luzerne County. On February 28, 2011, in the case of Price v. Price, Auto Glass Unlimited, Inc., and State Farm, No. 13625-Civil-2010, Judge Tina Polachek Gartley, issued an Order on various Preliminary Objections filed by both State Farm and the Plaintiff.
In Price, a post-Koken Complaint was filed by the Plaintiff where the Plaintiff joined the tortfeasor and the UIM carrier, State Farm under one caption.
State Farm filed Preliminary Objections solely on the basis that the Plaintiff's breach of contract cause of action against them was really a claim for bad faith.
In response, Plaintiff filed Preliminary Objections to State Farm's Preliminary Objections, arguing that State Farm Preliminary Objections were vague in that they failed to state specifically the grounds for the Preliminary Objections in violation of the requirements of Pa. R.C.P. 1028(b).
Judge Gartley sided with the Plaintiff and granted the Plaintiff's Preliminary Objections to State Farm's Preliminary Objections and also denied State Farm's Preliminary Objections.
I am uncertain as to how State Farm or its defense counsel has followed up since.
I send thanks to Attorney Ann Farias of the O'Donnell Law Offices in Kingston, Pennsylvania for forwarding this decision to my attention.
I note that this decision was by Order only without much any explanatory rationale. However, should you wish to obtain a copy of this Order, please do not hesitate to contact me at dancummins@comcast.net.
Labels: Automobile Insurance, Bad Faith, Koken, UIM
Recent Articles on the Status of the Fair Share Act
Here are links to recent articles, one by John L. Micek of the Allentown Morning Call and one by Mark Scolforo of the Philadelphia Inquirer on the status of the Fair Share Act in the Pennsylvania House of Representatives.
The Fair Share Act, which will essentially mandate that, in most cases, defendants in civil litigation matters will only be responsible for their share of percentage liability as assessed by a jury, is expected to pass in the House and move onto the Pennsylvania Senate.
Under the current law, if a defendant is found even only 1% liable, that defendant is on the hook for 100% of the verdict and can try to recoup his or her overpayment from the co-defendant(s). As such, if the Fair Share Act passes, it will represent a dramatic shift in how civil litigation matters are handled.
Here are the links to the articles:
http://www.mcall.com/news/nationworld/pennsylvania/mc-pa-legal-reform-20110404,0,1795953.story
http://articles.philly.com/2011-04-07/news/29392816_1_amendment-minority-leader-frank-dermody-fair-share-act
Labels: Civil Litigation, Damages, Practice Tips
Judge Terrence Nealon of Lackawanna County Addresses Propriety of Punitive Damages Claims in Med Mal Context
On March 31, 2011, Judge Terrence R. Nealon issued an Opinion in the medical malpractice case of Lasavage v. Smith, et.al., No. 10-CV-2183 (Lacka. Co. March 31, 2011 Nealon, J.), pertaining to Preliminary Objections filed by Defendant against allegations of "reckless," "outrageous, wanton and grossly indifferent conduct" and "reckless indifference to the rights of Plaintiff's decedent" as contained in the Complaint. Essentially, the Defendants filed Preliminary Objections against the claim for punitive damages in the Plaintiff's Complaint.
In his ruling, Judge Nealon overruled the Preliminary Objections filed in this regard by one of the individual Defendants but sustained the objections filed by the Defendant, Scranton Heart Institute, P.C. to the allegations of reckless indifference and any vicarious liability claim for punitive damages asserted against that Defendant.
In so ruling, Judge Nealon noted that the recovery of punitive damages in medical malpractice litigation is governed by §505 of the Medical Care Availability and Reduction of Error (MCare Act), 40 Pa. C.S. §1303.505.
Judge Nealon emphasized that the medical malpractice statute provide that a healthcare provider maybe vicariously liable for the reckless conduct of its doctors/agents only if the principal (a) knows of the wrongful conduct and (b) nevertheless allows it to occur and/or continue.
Judge Nealon stated that "[b]y virtue of this heightened standard of proof for vicarious liability "a patient must now aver and establish that the healthcare principal was cognizant of the agent's willful, wanton or recklessly indifferent treatment and allow that conduct to proceed unabated." [citations omitted] [emphasis in original].
Anyone desiring a copy of this Opinion by Judge Nealon the Lasavage case may contact me at dancummins@comcast.net.
Labels: Judge Nealon, Lackawanna County, Medical Malpractice
Judge Minora of Lackawanna County Addresses Parameters of Discovery of Expert Information
In a recent March 10, 2011 Opinion, by Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas in the case of AJT Property vs. Lexington Ins. Co., No. _______ (Lacka. Co. March 10, 2011, Minora, J.), in which the Court permitted the Defendants to take the deposition of the Plaintiff's expert witnesses, limited to information obtained not in anticipation of litigation.
This matter arises out of an insurance dispute pertaining to flood damage to the Plaintiff's property. The issue is whether or to the Plaintiff's property was covered under its flood insurance policy with the Defendant, Lexington Insurance Company.
Following the loss, the Plaintiff retained the services of an insurance expert and a public adjuster to assist the Plaintiff in the recovery on its claim. The public adjuster investigated events surrounding the Plaintiff's loss. Both the public adjuster and the insurance expert evaluated the Plaintiff's claims and reported to third parties on these issues.
At some point, the Plaintiff retained both the insurance expert and the public adjuster as experts in anticipation of litigation. However, the date of the retention of these individuals as experts was in dispute.
The Defendant, Lexington Insurance Company, served the Plaintiff with notices of intent to serve subpoenas upon the insurance expert and the public adjuster. The Plaintiff objected. A special trial master on discovery issues in the Lackawanna County Court of Common Pleas overruled the Plaintiff's objections and allowed the insurance company to schedule the depositions of the experts. The Plaintiff then filed the Motion at issue to prevent the depositions.
The Plaintiff contended that the depositions would violate Pa. R.C.P. 4003.5(a)(1) and (2). The Defendant insurance company asserted that the experts had knowledge of facts surrounding the Plaintiff's claims and that they were subject to discovery in that regard.
Judge Minora noted that experts who know facts or hold opinions not required or developed in anticipation of litigation are subject to discovery under the general rules of discovery. The Court found that these experts were originally hired to determine the value of Plaintiff's losses and to assist in a possible amicable resolution of the matter, and were not initially retained in anticipation of litigation.
Although the experts were, at some point, retained as expert witnesses for trial, there was no clear evidence as to when this decision was made.
In accordance with relevant case law and the Rules of Civil Procedure, Judge Minora determined that the information obtained by the insurance expert and the public adjuster not in anticipation of litigation was discoverable by the Defendant insurance company. The Court allowed the carrier to depose the experts as to dates the experts perceived that they were retained as experts. Once that date was established, the Defendants were permitted to continue the depositions of both experts pertaining to the information they obtained prior to their retention as experts that was not in anticipation of litigation.
Judge Minora further clarified that information prepared by the insurance expert and public adjuster in their role as expert witnesses, including their expert opinions for use at trial, was not subject to discovery by deposition except as may be permitted under Pa. R.C.P. 4003.5(a).
Source: Case Digests of the Pennsylvania Law Weekly
Labels: Discovery Issues, Experts, Judge Minora
Med Mal Jury Verdict Out of Lackawanna County
Here's a link to an April 7, 2011 article in the Scranton Times Tribune regarding a sizeable jury verdict entered by a Lackawanna County jury in a medical malpractice case:
http://thetimes-tribune.com/news/scranton-law-firm-wins-550-000-medical-malpractice-case-1.1129283#axzz1Is9XDAe4
Labels: Lackawanna County, Medical Malpractice
En Banc Superior Court Panel Hears Re-Argument in Barrick
On April 5, 2011, I attended the re-argument of the Barrick v. Holy Spirit Hospital case before an En Banc Superior Court Panel.
The argument was held at a special session of the Court at the MMI Preparatory School in Freeland, Luzerne County, Pennsylvania and it was noted that this was the first time an En Banc Superior Court had ever heard arguments in a high school setting.
You may recall that Barrick v. Holy Spirit Hospital involved the issue of whether repeated written communications by one attorney to that attorney's retained medical expert were discoverable, particularly where such communications were admittedly and purposefully designed to address the strategy of how the expert should frame his opinion and where such communications were found by the the trial court judge to have potentially "materially impacted" the expert's formulation of his opinion.
I wrote the amicus curiae appellate brief on behalf of the Pennsylvania Defense Institute in support of the appellee's position that such communications should indeed be discoverable under the Pennsylvania Rules of Civil Procedure. The amicus brief can be viewed at this link:
http://www.jdsupra.com/post/documentViewer.aspx?fid=13d479ae-68e2-41c2-8279-492075821e68
Judge Hess of the Cumberland County Court of Common Pleas originally ruled in Barrick at the trial court level that such communications were discoverable. On appeal, the original Superior Court panel, which consisted of Judges Musmanno, Lazarus, and Olsen, affirmed.
When the Plaintiff's Petition for Re-Argument En Banc was granted, the Superior Court's original decision was withdrawn.
The En Banc Panel of Superior Court Judges that heard the re-argument did not consist of any of the Judges who heard the case the first time around.
The panel instead consisted of President Judge Correale F. Stevens, Judge John T. Bender, Judge Mary Jane Bowes, Judge Jack A. Panella, Judge Christine L. Donohue, Judge Jacqueline O. Shogan, Judge Sallie Updyke Mundy, Judge Paula Francisco Ott, and Judge Robert A. Freedberg.
After a spirited debate between the panel and the attorneys over the interplay between Pa.R.C.P. 4003.3 and 4003.5, i.e. the balance between the protections of the attorney work product doctrine and the discoverability of the bases for an expert's opinion, the Court took the matter under advisement.
I will keep you advised as to any decision issued by the Court.
Large Jury Verdict In Wayne County MVA Case
Here's a link to a blurb in the Sunday, April 3, 2011 Scranton Times Tribune reporting on a $1.9 million dollar jury verdict secured by Attorney Dan Munley for his clients in a Wayne County automobile accident case: http://thetimes-tribune.com/jury-returns-1-9-million-verdict-for-wayne-county-family-injured-in-crash-1.1127359#axzz1ISeFvE5u
TORT TALK EXPO 2011 Is Two Weeks Away (April 20, 2011)
Seats are being filled up quickly by Plaintiff's attorneys, Defense counsel, and Claims Professionals. Currently, there are 84 attendees signed up and nearly a dozen vendor tables with different legal-related companies hoping to show you the services they can offer.
Northeastern Rehabilitation Associates: www.nerehab.com
Federal Middle District Judge Caputo Construes Definition of "Occupying" in a Motor Vehicle Insurance Coverage Case
In a March 28, 2011 Memorandum Opinion in the casee of Sona v. State Farm, No. 3:10-CV-1416 (M.D.Pa. March 28, 2011, Caputo, J.), Judge A. Richard Caputo addressed the issue of whether or not the injured party was "occupying" a dirt bike at the time of an accident, since if he was, the injured party would be precluded from both first party medical benefits and UIM coverage under the terms of the State Farm policy.
The case of Sona involved an injured party who had taken his van to a garage for repairs. Upon arriving at the garage, he removed a dirt bike from the rear of the van so that the oil could be changed on the bike as well.
After the bike was removed, a mechanic drove the van into the garage. The injured party was then manually pushing the dirt bike into the garage. The injured party did not have the key for the dirt bike and never sat on it. While the injured party was moving the bike manually across the parking lot, another vehicle backed out of its parking spot and struck the injured party's hand, causing personal injuries.
The parties went into litigation and eventually filed cross-motions on the issue of coverage for first party benefits and UIM benefits. As noted, the issue centered around whether or not the injured party was occupying the motorcycle at the time of the accident. If he was, exclusions under the policy would have precluded coverage.
Judge Caputo confirmed the law that a dirt bike is considered to be a "motor vehicle" under Pennsylvania law and turned to the case of Utica Mut. Ins. Co. v. Contrisciane, 473 A.2d 1005 (Pa. 1984) for the relevant factors to utilize in determining whether a person was "occupying" a motor vehicle at the time of an accident.
After applying those factors to the case at hand, Judge Caputo ruled that the injured party was not" occupying" the dirt bike at the time of the accident. The court noted that, rather than being used as a "motor vehicle" at the time of the accident, the dirt bike was being used in a manner more akin to a situation like a person moving a piece of furniture.
The court therefore found that the exclusions to coverage under the policy were inapplicable. As such, Judge Caputo entered a ruling in favor of coverage.
I have been informed that the parties involved agreed that no appeal would be filed from Judge Caputo's decision.
Anyone desiring a copy of this decision may contact me at dancummins@comcast.net.
I send thanks to the prevailing Plaintiff's attorney Howard Rothenberg of the Scranton law office of Herlands, Rothenberg & Levine for bringing this case to my attention
Labels: Automobile Insurance, Coverage Questions, Declaratory Judgment Actions, Judge Caputo
Judge Kosik of Federal Middle District Court Addresses IME Issue
Judge Edwin Kosik of the Federal District Court for the Middle District of Pennsylvania recently issued an interesting discovery order in the post-Koken case of Kurland v. Santiago, Civil No. 3:10-Civ-1278 (March 28, 2011).
In that case, there was apparently a dispute on whether or not the Plaintiff could have a registered nurse accompany the Plaintiff to an medical examination arranged by the defense and whether that nurse could audio tape and/or video tape the proceedings.
In his Order, Judge Kosik allowed the Plaintiff to bring a registered nurse to "witness the examination in a professional and unobtrusive manner without any oral or video recordings."
The prevailing attorneys in this matter were Attorneys Bryon R. Kaster and C. J. Haddick of the Camp Hill, Pennsylvania law firm of Dickie, McCamey & Chilcote.
This ruling emphasizes the difference between Federal Rule of Civil Procedure 35, which pertains to "Physical and Mental Examinations," and Pennsylvania Rule of Civil Procedure 4010, pertaining to "Physical and Mental Examination of Persons."
Fed.R.C.P. 35 is silent on the ability of a party to have a representative or nurse present at an IME. The Rule is also silent on whether or not the proceedings can be audio taped or video taped.
In contrast, the state rule PA.R.C.P. 4010 specifically expressly allows a party to bring a representative or attorney with them to the IME. That Rule also allows for the stenographic or audio taping of the IME. The state rule is silent as to the issue of video taping.
Anyone desiring a copy of Judge Kosik's Order may contact me at dancummins@comcast.net.
Labels: Independent Medical Examinations, Judge Kosik
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Notice it says: "For the perfecting of the saints, ..." [To do what? To make the disciple as the teacher...] "For the work of the ministry, ..." And actually that means for the work of the service.
Ministry is a service. "For edifying..." [The meaning of edify is: to teach and up-build in love.] "For the edifying of the body of Christ: (v13) Til we all..."
Who is all? Whoever are apostles, and prophets, and evangelists, and pastors, and teachers, and brethren, we, all together... "...come in the unity of the faith, and of the knowledge of the Son of God..."
"And of the knowledge of the Son of God unto a perfect man..." [or unto a spiritually mature Christian.] "Unto the measure of the stature of the fullness of Christ."
(v14): "That we henceforth be no more children, tossed to and fro..." Isn't that what has happened in our former affiliation? The members are tossed to and fro by the authorities in the Church. "And carried about with every wind of doctrine by the SLEIGHT OF MEN, and cunning craftiness whereby they lie in wait to deceive."
(v15-16): "But speaking the truth in love, may grow up into him in all things which is the head, even Christ: From whom the whole body fitly joined together and compacted by that which every joint supplies, according to the effectual working in the measure of every part, which makes increase of the body unto the edifying of itself in love."
God's way of leadership is organized service based on the elders' deep love for God and for the brethren—with the goal of feeding the sheep of Jesus Christ. This was the main theme of the Elders' Conference. Indeed, Jesus admonished the apostle Peter to "feed My sheep"—the flock of God: "Therefore, when they had finished eating, Jesus said to Simon Peter, 'Simon, son of Jonas, do you love Me more than these?' And he said to Him, 'Yes, Lord. You know that I love You.' He said to him, 'Feed My lambs.' He said to him again a second time, 'Simon, son of Jonas, do you love Me?' And he said to Him, 'Yes, Lord. You know that I love You.' He said to him, 'Shepherd My sheep.' He said to him the third time, 'Simon, son of Jonas, do you love Me?' Peter was grieved because He said to him the third time, 'Do you love Me?' And he said to Him, 'Lord, You know all things. You know that I love You.' Jesus said to him, 'Feed My sheep.'… And after saying this, He said to him, 'Follow Me' " (John 21:15-17, 19).


text:
City of Pembroke Pines terminates contract to supply water and sewage to proposed immigration detention center
Pembroke Pines city commissioners voted Wednesday night to rescind a contract to supply fire, emergency rescue services and water and sewage to a proposed federally-funded but privately-run immigration detention center.
Pembroke Pines city commissioners voted Wednesday night to rescind a contract to supply fire, emergency rescue services, and water and sewage to a proposed federally-funded but privately-run immigration detention center.
Residents of Pembroke Pines and the town of Southwest Ranches have voiced opposition to the detention center since Immigration and Customs Enforcement (ICE) first announced it had chosen the Southwest Ranches/Corrections Corporation of America proposal in June.
"After 4 months, a previously deferred motion to terminate the fire/ems/water inter-local agreement with Southwest Ranches was reintroduced and the result is that the contract was terminated for convenience," said residents opposed to the immigration detention center.
The Miami Herald reports Thursday that "the vote to cancel the contract was 3-2, with Mayor Frank Ortis and Commissioner Carl Shechter dissenting. Commissioners also voted unanimously to file for a declaratory judgment, which would require a judge to rule once and for all on whether the city is legally required to provide water and sewer service to Southwest Ranches and the proposed detention center."
Pembroke Pines residents had argued since October that they were kept out of the agreements concerning the supply of fire, emergency rescue services, and water and sewage services to the immigration detention center between Southwest Ranches officials and their city, and demanded those agreements be rescinded.
Pembroke Pines Vice Mayor Iris Siple proposed the motion to renegotiate the contract in October precisely because residents were not given the chance to discuss language that obligated Pembroke Pines to supply water and sewage to the detention center.
Opponents of the immigration detention center issued a statement last week calling on President Obama to step in and halt the project. Those opponents also recently announced the creation of a political action committee, which will raise funds to defeat the Corrections Corporation of America.
The Herald adds that Southwest Ranches Mayor Jeff Nelson, who supports the detention center, said Wednesday "he was not concerned by the Pembroke Pines commission's actions," because other municipalities and Broward county could supply fire rescue and other services and "Corrections Corporation of America — the private company bidding to bring the detention center to Southwest Ranches — could build its own well and sewage treatment plant."
Miguel Fuentes, the political director of the Florida Carpenters Regional Council, recently told The Florida Independent that his organization supports the project because it will "create jobs that are sorely needed."
Opponents of the project include the Broward Sierra Club, which recently issued a letter arguing that the decision to build the detention center is politically motivated, and would increase water usage and further degrade what remains of Broward County's natural areas.
Lawmaker says Scott's rape crisis center funding veto highlights his 'lack of understanding'
Florida senator launches Stand Your Ground website, task force
Florida and the man behind the anti-Sharia movement
The New York Times recently profiled David Yerushalmi, The Man Behind the Anti-Shariah Movement, whose efforts have several Florida ties. For one thing, he's a South Florida native, according to the article. For another, he was the driving force behind an anti-Sharia law that surfaced in Florida and other states.
Kansas plans to impose new rules for abortion clinics after court blocks extreme law
Kansas officials are planning to move forward with another set of rules aimed at abortion clinics in the state. Recently, a court blocked the state's efforts to shut down two of the last three remaining clinics. However, officials say that the court's ruling gives them latitude to move forward with other rules.

redpajama_set_name: RedPajamaCommonCrawl


Here at Caleb Components Ltd we specialise in suppliers of all kinds of spring type fasteners.
One of the products we offer our customers includes Split Cotter Pin DIN 94.
Split cotter pins are securing device, easily push through a drilled hole & bend back the legs.
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Lego have been making plastic building blocks that fire children's imaginations for generations.
These blocks come in sets, but the sets can be combined to build bigger and better creations, limited only by your child's imagination.
These Christmas Lego Sets not only allow you to add a variety of blocks and features to your child's overall building fun, but they allow your child to get into the spirit of Christmas in a way that is fun for them and the entire family.
If you have a child who loves Lego, or simply loves Christmas, this cute little Lego Christmas Tree Set will make a great stocking stuffer that your child is sure to enjoy.
This cute little Lego Christmas Tree Set will make for a great stocking stuffer and is a great way to add additional pieces to your child's Lego set, without costing a lot.
Once put together, this mini tree will make a great Christmas decoration for your child's room or Lego city, or it can be turned into a cute little Christmas tree ornament.
People who have actually purchased this Lego Christmas tree find this set both cute and charming, and while easy to put together, it is also quite fun.
Customers state that it makes a great stocking stuffer for children, and even for adults who are real Lego fans.
What would Christmas be without Santa and his reindeer drawn sleigh? Now your child can have the fun of building Santa's sleigh, complete with a reindeer and gifts, all ready to deliver in this delightful mini Lego Christmas Santa Set.
While this set is designed for children aged 6 and up, it does have many incredibly small blocks, so younger children may need to be supervised or assisted when completing this mini Santa kit.
However, any child who loves Lego or loves Christmas will be thrilled with receiving this Santa and his sleigh in their Christmas stocking, and will want to put it together right away.
Reviews for this cute Lego holiday seasonal Christmas Santa are great with those customers who purchased this kit finding that it made for a great stocking stuffer, Christmas decoration, and tree decoration.
Children who received this kit loved putting it together and having their very own Christmas decoration, and there were even adults who stated that they collect these small sets to add to their own Christmas décor.
What small child doesn't love trains, and nothing could be more appropriate for setting the Christmas spirit than this cute little Lego Christmas Train that actually rolls.
This brightly colored red and green train kit by Lego really brings the colors of Christmas alive and is the perfect stocking stuff for train lovers of any size.
This Christmas Train kit will be a great addition to other Lego sets, as well as a great stand alone Christmas decoration or toy.
Customers loved the Lego Christmas train and so did their children.
Parents stated that even 6 year olds found this set easy to put together and it added to the holiday cheer.
You do need to keep in mind however, that although this train really moves on its wheels, it does not fit the standard Lego train track.
Many families ring in the Christmas season with beautiful Christmas villages that they display.
These villages come in assorted shapes and sizes and depict different scenes from long ago holidays.
Most kids find these Christmas villages infinitely fascinating, and now thanks to Lego, kids can create their own Christmas village scenes to admire and even play with.
The Lego Creator Holiday Bakery actually incorporates 3 old fashioned Christmas scenes into one, and provides children with a creative way to make their own Christmas village come alive.
There are 7 mini figurines including the baker, his wife, and kids skating, as well as ½ figure (just the legs) to place someone upside down in a snow bank!
Includes one power function block that when pushed lights up the inside of the bakery.
This Holiday bakery building set is a great fun project for the entire family.
This building kit makes the perfect addition to other Lego sets while allowing time together for the entire family.
This kit is great as a stand alone decoration or combined with other Lego holiday sets.
Reviews for the Holiday bakery building set are exceptional.
Customers state that this set makes a wonderful Christmas gift for those who love Lego, as well as a fun Christmas project for the entire family.
Overall, this Lego Creator Holiday Bakery was a huge hit with both parents and children and made a great gift for family and friends.
The Lego Creator Winter Village Post Office is another in the series of the Lego Christmas village sets.
This cute little post office building set includes the post office itself, along with a gazebo, and several cute little mini figures to scatter about.
This set makes a fun addition to add to your Christmas décor.
Reviews for the Lego Christmas Post Office building set are extremely good.
Customers who purchased this building set found it made a great gift for any holiday or Lego fan.
Lego sets make great stocking stuffers and gifts, for any child (and some adults) on your shopping list, who love Lego and enjoy creating their own Christmas displays.


text:
In praise of Purplebricks: old-school agent insists "it's the way forward"
A traditional property agent says critics of Purplebricks underestimate the beneficial impact the firm has had on the UK agency industry.
And he insists that without the hybrid firm the sales and lettings sectors would not have progressed and improved as much as it has.
David Alexander - who set up property management firm D J Alexander 37 years ago - says Purplebricks transformed a sector that was not responding to the technological changes which were occurring in other markets.
In just a few years the hybrid firm has "identified and implemented the way forward for selling and renting."
He adds: "Purplebricks have been subject to strong criticism by the sector since they began in 2014 with many believing that the business model was wrong, that the market would never take to a largely online delivery, that their expansion was too rapid, that their growth was funded by marketing rather than sales, and that it would not deliver profits."
Alexander accepts that some of the criticisms were justified and mistakes were made, but insists: "The fundamental change which Purplebricks helped initiate was right, it will work in some form, and it is the future for our industry."
He believes that while many agents believe it's still necessary to have bricks and mortar branches, the reality is quite different and there has been a "continued collapse in bricks and mortars outlets across all sectors in retail, casual dining and estate agents."
And he goes on to say: "Many in the [agency] industry recognised that change was coming, and online outlets were developing but none delivered the transformation in such a complete and transformative way as Purplebricks. They took the online model and exploded onto the estate and letting agent scene changing it forever."
Alexander believes Purplebricks is only the start of what he describes as "this transformation we can build on" and says the best agents will have learnt from the lessons of Purplebricks since 2014.
"The way in which lettings and sales will be delivered will vary but integral to it all will be an innovative platform accessible to all concerned; a face to face service provided by experienced staff on the ground but without the need for a local office; and a forward thinking management that can see, if the lessons of Purplebricks are learned, that the future is bright."
DJ Alexander
Check out "The Six D's of Exponential Growth" and it becomes clear where estate agency is now headed.
Simon Shinerock
While it's true that we have historically had a proliferation of high st agents, most of whom offer an inferior service, that doesn't mean the PB model is better. Cheap alternatives to great High St agents may wipe out the weak variety but the ones who step up will still provide an added value service which will more than pay for their High St locations
People are seduced by the low fees as well as over-valuing by agents. They only find out how poor the service is months down the line when they have to do their own viewings or the property is still on the market after 2 years. This is not providing a good service for the client but by then it is too late.
Andrew Stanton CEO Proptech-PR Proptech Real Estate Influencer
Which parts of the Purplebrick model are you alluding to David, that has moved the industry on?
The 90M it burnt through in its last trading year, the 52M loss it made during the same period, the 'self-employed' LPE's who have no other work but to work for Purplebricks, and so have no holiday pay, sickness cover and are liable for any compliance issues, or is it the pay upfront sale or no sale model that you particularly like?
Purplebricks certainly is a Behemoth in the world of Proptech, but it is more a Frankenstein monster created in a Tech Lab, than a useful addition to the industry, its starting premise is all wrong, how do we create a company that has a massive cashflow at the front end. I talk daily with lots of people in the Proptech world, and they are revolutionising the whole thing, they have true vision, they are not just digitalizing the whole system, they are re-crafting it, making it fit for purpose.
If you want to praise anything for the advances in the industry I would start with the brave bankers, investors and private individuals who are backing the real tech revolution, not some frightening giant monster which is casting a purple shadow.
Upad closure shows PropTech isn't enough by itself ...
A leading agent and property management expert says the shock closure...
Purplebricks row should trigger call for regulations of agents, says expert ...
Leading independent property expert Kate Faulkner says the current row regarding...
Broker linked to Purplebricks says traditional agents are in trouble ...
Peel Hunt, the City investment broker that has worked closely with...
Service lists High Street agents that are 'Purplebricks Price Beaters' ...
An online platform that allows the public to compare the services...


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Best movie cars brought back to life as Hollywood comes to the Concorso d'Eleganza
Janine Van der Post
Image: Deutsche Welle
60 years of screen legends: Top 5 iconic cars in films
Top ten most popular movie cars in 60 years
This year's Concorso d'Eleganza at Lake Como features cars from movie classics. The theme for this event is "Hollywood On The Lake."
The hotel on the Lake itself looks like a set for another blockbuster film. Cars featured include the likes of James Bond's vehicle of choice, the Aston Martin DB5 in Goldfinger.
What is your most fav movie car of all time and why? Email us
Classic car owners share their history of the cars' roles in films like Richard Adatto, owner of a Delage D8, says: "Gene Kelly was sitting in this car in the back seat in the movie The American in Paris."
Apparently the vehicle was painted green for the film, but Adatto had it restored to its original body colour there after.
There's even a look at the Lancia Stratos Zero - the lowest riding car ever built during 1970. Owner Phillip Sarofin claim that the late popstar Michael Jackson had a fascination with the shape and design of the car and used it for his Moonwalker film in 1988.
Read more on: janine van der post | classic cars
Other Stories in Classic cars...
Restoration of a forgotten icon: the SA-only built BMW 530 MLE
The restoration of the SA-only built BMW 530 Motorsport Limited Edition (MLE) is now at an advanced stage.
The 2019 SA Classic Car show revs up at Nasrec
It's time to top up with anti-freeze and head to the Nasrec Expo Centre south-west of Joburg in July, for the mid-winter edition of The Classic Car Show.
tlc_12
SaltySassy007


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Christopher Lang presents Antique Alabama Furniture
By Phoebe Donald Robinson
Published 4:38 pm Monday, August 19, 2013
By PHOEBE DONALD ROBINSON / Community Columnist
Christopher Lang, member of the Alabama Humanities Foundation's Road Scholars Speakers Bureau, will lecture on Antique Alabama Furniture on Thursday, Aug. 29, from 4-6 p.m. at the Columbiana Public Library. The program is the highlight and conclusion of the adult summer program "Dig into the Past."
Christopher Lang, who will speak at the Columbiana Public Library on Aug. 29, is shown demonstrating traditional woodworking skills and discussing early hand tools at a recent festival. (contributed)
"Lang will give a presentation using maps and giving information on the characteristics of antiques from this region," said Director Dutcha Lawson. "He will have some actual pieces to show as part of his presentation. He said that if people would like to bring photos of antiques he would be glad to lend his expertise as to the time period, etc."
Lang graduated from the College of Wooster, Wooster, Ohio, with a double major in history and art. He trained in furniture conservation at the Smithsonian Institution in Suitland, Md., as well as the Conservation Laboratory of the Colonial Williamsburg Foundation in Williamsburg, Va. At Williamsburg, he worked at the Anthony Hay Shop for several years as a cabinetmaker and historical interpreter. Lang was the Master Cabinetmaker at the Walker Allen Cabinet Shop at Alabama Constitution Village in Huntsville for 11 years where he provided historical interpretations and demonstrations of 19th century customs and crafts. He also served as the Curator of Collections and Exhibits of the Early Works Museum in Huntsville. Today, Lang specializes in the restoration and conservation of antique furniture and is also an expert in local historical furniture and early craftsmanship.
Lang will lecture on the migration of cabinetmakers and craftsmen from nearby states as well as Europe and Africa to Alabama before and during the antebellum period. The lecture will focus on specific cabinetmakers and groupings of furniture. Lang will give a slide presentation of signed pieces of Alabama furniture as well as describing the difference between high style and country made furniture. Using antique maps, estate inventories, photographs and paintings, Lang will demonstrate the traditions on cabinetmaking. He will also have tools, wood samples, and designs books on display.
At the conclusion of the lecture, Lang will discuss the proper care of antiques with an accompanying handout.
About Phoebe Donald Robinson
I am President of Donald Real Estate and Ins. Co., Inc., a company that my grandfather , Charles J. Donald, founded in 1925. I am the third generation owner of the business. I am also the Columbiana Columnist for the Shelby County Reporter.
More by Phoebe Donald
A visit to Shelby Baptist Medical Center
Phoebe Robinson discussing recovery from her right renal aneurysm repair surgery with vascular surgeon Dr. Steve Taylor in his office... read more


text:
Q: Problem loading custom JPanel in Netbeans. Can't use Design view So I have been creating an application using Netbeans.  For a while everything was fine then one minute I could Design my view, then the next I couldn't.  The error says

Error in loading component:
  [JFrame]->jSplitPanel1->scatterPlotView1
  Cannot create instance of
  homework3.ScatterPlotView The
  component cannot be loaded.

I have been looking on the forums and the net but cannot find a solution to this problem.  This first started happening when I updated to Java SE 6 Update 24 from Update 23.  I even uninstalled both x86 and x64 sdks and then reinstalled. I also uninstalled netbeans, re-installed it, then opened the project. This worked for a bit then some black magic happened, and now I am back a square one.
Any help would be greatly appreciated.
Here is the error from the IDE Log if it helps:
Caused: java.lang.InstantiationException: homework3.ScatterPlotView
        at java.lang.Class.newInstance0(Class.java:340)
        at java.lang.Class.newInstance(Class.java:308)
        at org.netbeans.modules.form.CreationFactory.createDefaultInstance(CreationFactory.java:168)
        at org.netbeans.modules.form.RADComponent.createBeanInstance(RADComponent.java:247)
        at org.netbeans.modules.form.RADComponent.initInstance(RADComponent.java:186)
        at org.netbeans.modules.form.GandalfPersistenceManager.restoreComponent(GandalfPersistenceManager.java:850)
        at org.netbeans.modules.form.GandalfPersistenceManager.loadComponent(GandalfPersistenceManager.java:1006)
        at org.netbeans.modules.form.GandalfPersistenceManager.restoreComponent(GandalfPersistenceManager.java:872)
        at org.netbeans.modules.form.GandalfPersistenceManager.loadComponent(GandalfPersistenceManager.java:1006)
        at org.netbeans.modules.form.GandalfPersistenceManager.loadForm(GandalfPersistenceManager.java:526)
        at org.netbeans.modules.form.GandalfPersistenceManager.loadForm(GandalfPersistenceManager.java:298)
        at org.netbeans.modules.form.FormEditor$3.run(FormEditor.java:336)
        at org.netbeans.modules.form.FormLAF$2.run(FormLAF.java:293)
        at org.openide.util.Mutex.doEventAccess(Mutex.java:1361)
        at org.openide.util.Mutex.readAccess(Mutex.java:320)
        at org.netbeans.modules.form.FormLAF.executeWithLookAndFeel(FormLAF.java:276)
        at org.netbeans.modules.form.FormEditor.loadFormData(FormEditor.java:333)
        at org.netbeans.modules.form.FormEditor.loadFormDesigner(FormEditor.java:231)
        at org.netbeans.modules.form.FormDesigner.finishComponentShowing(FormDesigner.java:1897)
        at org.netbeans.modules.form.FormDesigner.access$1100(FormDesigner.java:107)
        at org.netbeans.modules.form.FormDesigner$PreLoadTask$1.run(FormDesigner.java:1862)
        at java.awt.event.InvocationEvent.dispatch(InvocationEvent.java:209)
        at java.awt.EventQueue.dispatchEventImpl(EventQueue.java:642)
        at java.awt.EventQueue.access$000(EventQueue.java:85)
        at java.awt.EventQueue$1.run(EventQueue.java:603)
        at java.awt.EventQueue$1.run(EventQueue.java:601)
        at java.security.AccessController.doPrivileged(Native Method)
        at java.security.AccessControlContext$1.doIntersectionPrivilege(AccessControlContext.java:87)
        at java.awt.EventQueue.dispatchEvent(EventQueue.java:612)
        at org.netbeans.core.TimableEventQueue.dispatchEvent(TimableEventQueue.java:137)
        at java.awt.EventDispatchThread.pumpOneEventForFilters(EventDispatchThread.java:269)
        at java.awt.EventDispatchThread.pumpEventsForFilter(EventDispatchThread.java:184)
        at java.awt.EventDispatchThread.pumpEventsForHierarchy(EventDispatchThread.java:174)
        at java.awt.EventDispatchThread.pumpEvents(EventDispatchThread.java:169)
        at java.awt.EventDispatchThread.pumpEvents(EventDispatchThread.java:161)
[catch] at java.awt.EventDispatchThread.run(EventDispatchThread.java:122)
Error in loading component: [JFrame]->jSplitPane1->scatterPlotView1
Cannot create instance of homework3.ScatterPlotView.
The component cannot be loaded.
INFO [org.netbeans.modules.form]: Reinstalling ComponentUI after interrupted serialization of component: javax.swing.JViewport[,0,0,0x0,invalid,layout=javax.swing.ViewportLayout,alignmentX=0.0,alignmentY=0.0,border=,flags=25165832,maximumSize=,minimumSize=,preferredSize=,isViewSizeSet=false,lastPaintPosition=,scrollUnderway=false]
INFO [org.netbeans.modules.form]: Reinstalling ComponentUI after interrupted serialization of component: javax.swing.table.JTableHeader[,0,0,0x0,invalid,alignmentX=0.0,alignmentY=0.0,border=,flags=16777544,maximumSize=,minimumSize=,preferredSize=,draggedDistance=0,reorderingAllowed=true,resizingAllowed=true,updateTableInRealTime=true]

A: I faced the same (or very near) problem in the past. To fix it, I have had to provide a Constructor without arguments. Otherwise, the Designer can't instantiate your Class...
Hope it help.

redpajama_set_name: RedPajamaStackExchange


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PORTSMOUTH, Va. – Portsmouth Police are investigating a Friday morning armed robbery at the Super Value Inn.
Dispatchers received the 911 call at 4:40 a.m. and responded to the business, located at 925 London Boulevard. Two suspects entered the business and implied they had weapons, took cash and fled.
No injuries were reported, and no additional information is available.
If you or someone you know has information in this case, take action and call the Crime Line at 1-888-LOCK-U-UP.


Obviously, a lot changes during the offseason – from free agency and coaching to many young players improving – but remember which talented players you like right now and it'll help you next August.
For instance, Aaron Jones was a player that really jumped out to me last season. Watching the Packers play, in addition to his stats, I was convinced Jones was their running back. It was one of the reasons I wrote about targeting him this offseason and selected him in the Apex Experts league.
Here are some of the themes I am most excited to see in 2019.
This rookie wide receiver class is really good – as sophomores, they will be even better.
Entering the second season is likely the best time to buy any player in any format. Year 2 is the season where WRs show the greatest increase in points. There are many historic examples of second-year breakouts. This season we've seen a big second-year leap from Kenny Golladay.
Here is a list of many potential second-year breakouts in 2019 with their stats heading into Week 13.
My personal favorites are the young and uber-efficient D.J. Moore and Tre'Quan Smith but any of these players could be in for a huge second-year jump.
Moore dominated at Maryland from a young age, checks all of the athletic boxes, and already looks like Panthers best wide receiver. Not only is he averaging 11.8 yards per target, but he's also rushing for 14.3 yards per carry. Saying he's been electric with the ball in his hands is an understatement.
Tre'Quan Smith combines impressive college production at a young age with plus size and athleticism. In addition, he'll face a lot of single coverage with all of the attention that Alvin Kamara and Michael Thomas demand.
Calvin Ridley has made the biggest impact as a rookie through 12 weeks and will likely be featured even more in Year 2. If he can demand 110-120 targets over the entire season, he could enter the WR2 conversation.
Alshon Jeffery clone, Courtland Sutton is another favorite of mine. A second-round pick that checks all the boxes from college production to athleticism, Sutton's breakout is coming. The Broncos showed how much they like him by trading Demaryius Thomas – he'll almost certainly demand a higher market share in Year 2.
Christian Kirk is another intriguing player, who's best comparable may be Stefon Diggs. Kirk is being held back by poor quarterback play as a rookie but could take the league by storm if Josh Rosen takes a step forward.
I'm not going to go through every player individually, but these are important players to monitor as there will be big leaps for some of the players on this list. If you need more reasons to like these young receivers, I wrote about them prior to the season.
Injuries and disappointments provide huge discounts in the fantasy football market.
For a couple of years, injuries to Keenan Allen left him undervalued. There are likely two issues at play: owners are scared of the player getting injured again and recency bias. Due to the player missing so much time, many owners don't recall how special the player was.
Two examples of potentially undervalued players for 2019 are Will Fuller and Cooper Kupp.
Will Fuller has been phenomenal whenever he's been on the field with Deshaun Watson.
Not only is Fuller the most efficient target that Watson has thrown to, but Watson averages 10 more fantasy points per game with Fuller on the field. In 2018, Fuller averaged 15.2 fantasy points per game, good for WR21 between Tyler Boyd and Kenny Golladay.
We know one thing: when paired with Watson and DeAndre Hopkins, Fuller is a bonafide stud.
Cooper Kupp is no different – currently WR16 in points per game. Whether it's his size and agility or pairing with Sean McVay and Jared Goff, Kupp is proven at this point. If he slides in drafts because of injury concerns or recency bias, take the discount.
In addition to those two, Derrius Guice is a player to watch. Although he missed the entire season, Guice was my second favorite running back from a very good 2018 rookie class behind Saquon Barkley. By Week 1 next season, Guice will be fully recovered from his ACL tear. Although he's a special talent, the injury could certainly leave Guice undervalued.
From year to year, drafting values change. The two themes that seem to stand out this year are workhorse running backs and stud tight ends.
Running backs who are heavily involved in the passing game currently have a higher ceiling than the top wide receivers. In Apex leagues, Todd Gurley, Saquon Barkley, Melvin Gordon, Alvin Kamara, and Christian McCaffrey are outscoring the highest-scoring wide receiver (Adam Thielen). If your selection is at the top of the draft, it's likely worth taking a workhorse.
Tight end is another position that needs to be addressed this offseason. Through 12 weeks, the top scoring tight end, Zach Ertz, has 112 more fantasy points than the TE12 Vance McDonald. That is a huge weekly advantage of 9.3 points. If Ertz and Travis Kelce continue to provide this big of a weekly advantage, they are worthy of higher selections.
Obviously, there is a lot that can change with five weeks left in the regular season but these are some of the themes that are relevant to remember heading into 2019.


An arresting, modern reworking of mythic proportions.
It may be an exaggeration to say that everyone knows the story of Orpheus and Eurydice – case in point, the couple behind me trying desperately to remember their high school education pre-show – but having historically been one of the more widely adapted Greek myths, I think it is fair to say that if you plan on reworking it yourself, you had better have something new to add to the mix. Thankfully, it would seem that writer and director pair, Anaïs Mitchell and Rachel Chavkin, were also of this opinion, and have succeeded in creating something wild and rare in Hadestown.
For the couples-behind-me of the world, the main elements of the Orpheus myth are all present in one way or another. A gifted poet and beautiful nymph fall in love; the beautiful nymph is trapped in the Underworld with Hades; the gifted poet, being given a trial by Hades, attempts to rescue her, but ultimately fails. Except in this version, the poet is a poor musician with more faith in music than capital, the nymph is a hungry girl at a bar longing for the Summer, Hades is a big-business autocrat, and the Underworld is Hadestown – his fascist, industrial realm.
Anaïs Mitchell's creation first manifested as a concept-album-come-experimental-song-cycle ten years ago. You can feel the echoes of a loose structure in the plot that does feel slightly lacking in places – the lovers' story is not fleshed out, and other characters are on the whole lacking a bit of depth. Such things can be forgiven in the light of the contextual origin, however. That is to say, the purpose of Greek mythology was not necessarily to follow long character arcs, but to build a commentary – philosophical or psychological – on the workings of the world using archetypal characters that needed little to no introduction. Where this show excels is in the mythology of its story, where it is volatile is along the thin line on which the cast is allowed walk without treading too far into melodrama.
Fortunately, this cast and their musicians hold the soul of the show with divine conviction. Tension that could have easily been overplayed is beautifully handled and we're pulled into the story from the minute the cast take the stage. A silver-suited, crooning Hermes (André De Shields) is there to expertly guide us through the tale with charisma to spare. Our Persephone (Amber Grey) is erratic and electric against the dominating and merciless figure cast by Hades (Patrick Page). Our Eurydice (Eva Noblezada) is canny and engrossing, and all of the cast are vocally unmatched. The only shaky performance comes from our Orpheus (Reeve Carney), whose innocent sincerity thankfully covers this well, and, having said this, he holds his own against a powerful falsetto track originally sung by Justin Vernon (of Bon Iver fame).
The crux of the tension and apex of the show has been divided between Hades' decision to let the lovers go, and Orpheus' doubt leading him to fail the so-called trial. Of course, almost pantomime-esque, we all know how the story ends – it is an old song, after all – but, as Hermes points out, human nature dictates we are doomed to hope that it will turn out differently next time.
Deceptively simple and reiterative lyrics mask an uncommonly complex and intelligent show. The original aetiological and psychological nature of the ancient myths has been stretched out and woven into a brilliantly modern and eerily apt rendering of the nature of humankind. Ten years in the making, Mitchell's world is an uncanny prediction of our own dystopia. It is unabashedly Marxist, which could come across as depressing, were it not also so full of truth. The production, in fact, defies classification. It's not a traditional musical, and it's not a didactic myth, though I'd be loathe to say it was somewhere between the two as well. There's no lesson or moral to be learned here – just a mirror held up to a waning world. It's an old song, and it's a sad song, and truly it has been sung again and again.


Every moment in life, you are sitting at a poker table with a handful of chips. And everything you do, you decide what to do with those chips. You can either hold on to them and wait your turn, or throw them at the table and go all in.
This doesn't mean that you should live a reckless life. Your life doesn't always need to be in danger. Instead, it simply means that with everything you do and everything you love to do, you should leave no regrets behind. Enjoy those things to the fullest.
For our team here, we love three things: gaming, games, and a good hand of poker. Since we love it so much, we are committed to sharing this love through the articles we write.
Our main goal is to share the joy that we feel with these things. It is our hope that through the articles that we write, that people can be informed about the latest events, occurrences, and even learn new things like what the best cooking video games are.
Apart from that though, we hope that our articles help spur you on to enjoy gaming, games, and poker more. We hope that the content we present pushes you to continually enjoy these things at a level that will bring you your own happiness.


"You're here to entertain us. When you're gone, we don't give a sh*t, we will find another monkey to do the job you were doing."
Independent Journal Review (IJR) contacted Benghazi survivor and former Army Ranger Kris "Tanto" Paronto for his take on celebrity "courage" in standing up to Donald Trump.
In the last eight years, the office of the president has turned into an office of celebrity. Obama was so concerned with how many times he could be on 'The Jimmy Fallon Show' and what he looked like on TV.
He turned the position of Commander-in-Chief into a pop culture thing and pulled away from what the office of the president is all about — leadership.
He wasn't supposed to be a celebrity, he was supposed to be a dignified leader. Still, Hollywood was all over celebrity Obama.
At the same time, I don't want to lump all of Hollywood together. Because you got guys like John Krasinski and Pablo Schriver, who played us in the movie. Sure they are liberal, but they are extremely, extremely, respectful of veterans and our sacrifices.
But then you have these other celebrities. And you know what, you're a monkey and somebody is turning the crank. You're here to entertain us. When you're gone, we don't give a sh*t, we will find another monkey to do the job you were doing.
The only time I have a real issue with this at all is when these people are looked at as role models. When they back out, and publications like the New York Times or CNN put them on a pedestal for dropping out, it does a major disservice to Americans.
They're not role models. There's nothing courageous about sitting in your five million dollar mansion and looking down upon us. It's arrogant, it's pompous, and it's not bravery.
They're all actors pretending to be someone else. Just because you played a police officer or military veteran, doesn't mean you understand what it's like to be in our shoes.
So you know what, Meryl Streep, stop putting others down and go do something else. Be like Pat Tillman, drop everything you're doing and put your life on the line. Robert De Niro, you played a cop in the movies, go be a cop on the streets.
The same principle applies to these other celebrities. You wore a uniform as a costume. Try putting one on to serve your country."


One Great Venue, Three Conferences.
The Airlines Electronic Engineering Committee (AEEC) General Session, Avionics Maintenance Conference (AMC), and Mechanical Maintenance Conference (MMC) join together in one location to bring together industry experts from around the world. The AEEC General Session, AMC, and MMC provide opportunities to explore common issues and advancements in the industry through discussion and technical symposiums, and direct focus on the advancement of technical standards and committee and working group activities under the auspices of the AEEC and AMC.
The Mechanical Maintenance Conference (MMC) is an aviation industry activity organized by ARINC Industry Activities, an SAE-ITC Program, to assist aviation interests in cooperating to develop shared technical solutions and to establish technical standards.
The objectives of AMC are to promote reliability and to reduce operating and life cycle costs of air transport avionics by improving maintenance and support techniques through the exchange of technical information.
The AEEC General Session is an important event on the AEEC calendar. The AEEC General Session marks the culmination of the years' standards development work. New ARINC Standards are discussed and approved at this meeting. Furthermore, the AEEC initiates the work program and schedule for the coming year. The AEEC General Session is an ideal opportunity for aviation industry professionals to obtain an overview of the important technical developments in air transport avionics and other aircraft electronics.
The SCQ Working Group will continue its work developing Optimal Combination Inputs (OCI) to accomplish recurrent qualification testing quickly, accurately, and with a high degree of repeatability.
The scope of the activity is to develop standard interfaces that will provide airlines with freedom of choice in the installation and expansion of cabin equipment. Cabin telecommunications, cabin networks, interface protocols, and connector standardization are also a part of this activity.
The aim of this project is to update ARINC Report 625-3 to emphasize the importance that the OEM provides a Test Specification that is intelligible, unobscured, and complete as possible.
The purpose of the meeting is to update ARINC Specification 661, Cockpit Display Interfaces to User Systems, Part 1 and Part 2, per APIM 08-004C.
The Datalink Systems Subcommittee develops and maintains standards that promote the efficient transfer of ACARS and ATN data between the aircraft and the ground. These standards benefit CPDLC operation, the FAA Data Comm and European Data Link Services (DLS) programs.
The goal of the GAT Working Group is to prepare standards applicable to the ICAO Global Aeronautical Distress and Safety System (GADSS). These are intended to positively identify and track an aircraft with minimal impact on new production aircraft as well as legacy aircraft retrofit.


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Music » Music Stories
The St. Louis music sceneis all relative to Ultraman
by Jordan Harper
Click here to see an enlarged version (64kb)
Ultraman (Version 13)
Rocket Bar
If a local music scene can be called a family, it wouldn't be a family of which President Bush would approve. It would be a family rife with breakups, feuds, incest and mate-swapping -- a good old-fashioned dysfunctional soap-opera clan. Ultraman, who has died and been resurrected multiple times over the past seventeen years, could be called the J.R. Ewing of the local punk scene, a grand patriarch who is somehow connected to just about everyone around. Formed in 1986 and back together again (with a new CD coming soon), Ultraman's hard-and-fast old-school punk recalls the angrily joyous sounds of Black Flag. But the members who have filtered in and out of the band over the years have played just about every type of rock there is.
The RFT asked Tim Jamison, the only person who has played in every incarnation of Ultraman, to help compile a family tree of Ultraman-connected bands. This is a one-step family tree only: If we took it to six degrees, we'd probably find that Ultraman is not only the J.R. Ewing but also the Kevin Bacon of the St. Louis scene.
Music Stories Featured Stories J.R. Ewing George W. Bush Tim Jamison Kevin Bacon


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Album Reviews, Reviews October 26, 2012 August 20, 2013
Review: Paul Banks – Banks (2012)
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If Interpol, Julian Plenti and Paul Banks have collectively taught us anything, it's that Paul Banks loves music. Now, that can more or less be said of all musicians, but there are different degrees, different levels of the relationship. Do you need three musical outlets/monikers in three years to demonstrate an undying love for the craft? No. But if those are the channels necessary to fulfill the musical ambitions that an artist encompasses, then it's pretty admirable to take the time to set all the different wheels in motion.
The 2009 release Julian Plenti Is… Skyscraper was the first solo effort from the longtime Interpol frontman. Alter ego Julian Plenti was dusted off because many of the songs were written pre-Interpol, when Banks regularly used the Julian Plenti persona. The songs were by no means a drastic shift from previous Interpol material but they did give Banks room to explore some individual interests, including the use of samples and instrumentals. With Banks' second solo album, the aptly titled Banks, he furthers these explorations (two of the 10 album tracks contain either no vocals or sampled vocals).
Banks kicks offs with "The Base," a bass-heavy parade of layers and whimsical arrangements highlighted by Banks' angelic hook: "Now and then I can see the truth above the lies/ Now and then, oh, I feel those beauties this life belies." It's maybe the album's most immediately accessible track, thus working well as the lead single. "Arise, Awake" begins with a soothing alarm clock of delicate guitar work and gentle drums. Banks spices up the tune by including a sample made from dialogue with "the happiest cabby in the world." It's different, but Banks pulls it off.
In fact, most of the samples work well on Banks, even if some are a little experimental. The instrumental "Another Chance" includes looping dialogue from the Sebastian Ischer film Black Out. Ischer is a friend of Banks and the clip is of a character in the movie giving a panicky and borderline enraged explanation of his faults that stem from a "neurological condition." Banks pairs the intense scene with rising and falling string work, building to an escalating climax. "Lisbon" is definitely the lesser extreme of the instrumentals but still packs a hearty, arching punch. Neither, however, seem to capture the same haunting, simplistic beauty of Julian Plenti's "H."
"Young Again" finds Banks chill and almost euphoric; it's a nice change of pace from his more brooding earnestness which can be heard on "I'll Sue You" and "Paid For That." Yes, "I'll Sue You" is a strange title for a rock song. Is it meant to be ironic, sarcastic, a joke? It's unclear, but it's obvious Banks' is fully aware of any absurd connotations of the term. It's as if he says it because it is absurd; as if that's the level he's been pushed to in the song's pursuit, which appears to be a long-ago love interest. Either way, move beyond the line. The track culminates with a fantastic cathartic peak that will make you forget the title.
[youtube=https://www.youtube.com/watch?v=6ulIh8c9bpw]
"Summertime Is Coming" closes out Banks, and if you've listened to any of Interpol's previous four albums, then you know album closer isn't just another slot on the track list. "Leif Erikson," "A Time To Be So Small," "The Lighthouse," and "The Undoing" are epic songs, some of the finest the band has ever written. Banks kept alive the tradition closing out Julian Plenti with the wonderful aforementioned "H." The streak continues with "Summertime Is Coming." It is a little bit of a cheat because the track was included on Julian Plenti Lives…, Bank's pre-album EP, but nonetheless the song is a standout. What initially begins as a pop-tinted anthem to summer ("sweet like a peach on the beaches.") swan dives deeper. About three and a half minutes in, it feels like the song is going to end any second, but it doesn't, and it's better for it. Banks swoons in with an acoustic guitar and raw yearning vocals: (Is this the right time to know me/ Is this the right time to know/ Is this the right sign to show me?') While so sparse, it's a grand, powerful finish.
[youtube=https://www.youtube.com/watch?v=AR2tsn0VLh8&feature=relmfu]
Even with Banks' continued solo projects, he has been adamant that Interpol is still alive and well, and work on a new Interpol record is never too distant. It also appears that the solo albums aren't just one-offs, and that more solo efforts can be expected in the future. It adds up to an ambitious workload for Banks, but it seems he wouldn't want it any other way. His second solo album is a reinforcement that Banks can balance the roles of frontman and solo artist, and can do so better than most.
Paul Banks
Official | iTunes
Album Review, Banks, Interpol, Julian Plenti, Matador, Paul Banks
Review: Luke Lalonde – Rhythymnals (2012)
So you're at a party, find your way over to that self-serve...
Review: Sharon Van Etten – Are We There (2014)
Review: Title Tracks – Long Dream (2016)
Review: Tegan and Sara – Heartthrob (2013)
Previous articlePhotography: Justice at Congress Theater (Chicago, IL)
Next articlePhotography: P.O.S 'We Don't Even Live Here' Record Release at First Avenue (Minneapolis, MN)
Album Reviews, Reviews
Review: First Aid Kit – The Lion's Roar (2012)


White River Junction's cabinet-of-curiosity-style Main Street Museum is known for its unusual offerings — taxidermied animals, bizarre toys, frankly unrecognizable "material culture," that sort of thing.
What the MSM is not noted for is HIV testing. That all changes today. From 4 to 7, all comers can get an anonymous, confidential test in the museum's Reading Room. Why? Perhaps because, according to a recent MSM newsletter, a million people in the U.S. have the virus, and one in five is unaware of it.
"Even if you're sure you're negative, get tested. I do!" chirps museum proprietor David Fairbanks Ford. But don't just take his word for it. Apparently Pope Francis has sanctioned it.
"It's now official," vows the newsletter. "The Pope says that you should all get tested at the Main Street Museum."
Who's gonna argue with that?
Image courtesy of the Main Street Museum.


text:
"Miss Minna Simpson" by Tom Roberts
"Miss Minna Simpson" by Tom Roberts depicts the five-year-old niece of Tom Roberts's future wife. The rosy-cheeked face looks directly at the viewer as she firmly holds her cat.
There is a confident contrast between the child's relaxed face and the cat's scowling face and paws reaching for the bowl of milk.
Roberts' tonal palette with the dark background sets off the white apron, bonnet, and lace pays homage to the much-admired international artists' Manet, Whistler, and Velásquez.
Thomas William "Tom" Roberts (1856 – 1931) was an English-born Australian artist. After attending art schools in Melbourne, he traveled to Europe in 1881 to further his training and returned home in 1885, "primed with whatever was the latest in art."
He did much to promote "en Plein air" painting and encouraged other artists to capture Australia's national life.
Tom Roberts was a member of the famous 'Heidelberg School' of Australian artists of the late 1800s and early 2000s.
These painters introduced an Australian style of depicting the bush, using impressionist principles to capture the light, color, and atmosphere of the Australian bush landscape and sky.
Other members of the 'Heidelberg School' included Arthur Streeton, Charles Conder, Frederick Mc Cubbin, David Davies, Jane Sutherland, and Walter Withers.
The school was closely tied to an emerging Australian nationalism, which saw the acceptance of Australian scenes and people as suitable subjects for art.
Miss Minna Simpson
Title: Miss Minna Simpson
Artist: Tom Roberts
Dimensions: 59.5 (h) x 49.5 (w) cm
Museum: National Gallery of Australia
Name: Thomas William "Tom" Roberts
Born: 1856 – Dorchester, Dorset, England
Died: 1931 (aged 75) – Kallista, Victoria, Australia
Major Paintings:
Shearing the Rams
A Break Away!
Bailed Up
Tom Roberts: the artist
A Tour of the National Gallery of Australia
"The Green Parasol" by E. Phillips Fox
"Landscape, Antibes (The Bay of Nice)" by John Peter Russell
"Bridge and Wattle at Warrandyte" by Penleigh Boyd
"Child in The Bush" by Frederick McCubbin
"From McMahon's Point – fare one penny" by Arthur Streeton
"The Spirit of the Drought" by Arthur Streeton
"Hot Wind" by Charles Conder
"Purrumbete from across the Lake" by Eugene von Guerard
Convict artist Richard Browne's Watercolors
"Govett's Leap" by Eugene von Guerard
"Pastorale" by Rupert Bunny
"Meules, milieu du jour" by Claude Monet
A Tour of Museums in Australia
Museums in Sydney
Museums in Melbourne
Shrine of Remembrance
Museums in Canberra
"What art offers is space – a certain breathing room for the spirit."
– John Updike
Photo Credits: 1) GM