Follow the steps below to guide you through the Automatic Dealer Program enrollment process. If you run into any road bumps along the way or have any questions, please reach out to dealers@automatic.com and allow up to 24 hours for a response.
Find your Dealership by using your Dealer ID or simply searching for your Dealership's Name. Once you see your under "Please select a Dealer," select and click Confirm. If your Dealership does not appear, you must manually enter your information.
Create your Dealer Account with a single sign-on (SSO) Username and Password to use across all Automatic B2B platforms.
Your Dealership's information will pre-populate into the Dealer Enrollment Form supported by DocuSign. Please read the information carefully and click "I Agree" to then apply your electronic signature. You will receive a confirmation of enrollment email at the address provided in your Dealer Account.
Confirm your Dealership details and enter your service hours for the Connected Maintenance platform.
This will be the main source of all employee activations, placing orders and activation credit status.
In order to have your Sales Team activated the Automatic service for your customers, you must send them an invite to create their own credentials for the Customer Activation Platform. Enter email addresses into the field and your team member will receive an email to set-up their account. Once your team member has created an account, you will receive a final email to approve or reject their credentials.
Follow the steps below to order Automatic for your Dealership.
Use you SSO credentials to login to the Automatic E-Store. Here you'll be able to purchase Automatic for your Dealership in quantities of 25.
Add to your cart using the "+" and "-" buttons. 1 = 25 adapters, 2 = 50 adapters and so on.
Confirm your shipping and invoicing details before placing your order.
After placing your order, you will receive a confirmation email with associated confirmation number. Automatic will arrive at your Dealership based on your desired shipping method.


text:
This Is When She's Most Likely to Cheat In Your Relationship
Find out why that time frame is so vulnerable
By Christa Sgobba
There might be some truth to the seven-year itch: Women who have been married for a moderate amount of time are more likely to be tempted to cheat than those who have been hitched for a shorter or longer period, a new study in the Journal of Sex Research found.
After surveying 423 people, the researchers discovered that women who were married between six to 10 years were most likely to consider engaging in an extramarital affair. The picture was pretty different for dudes: As the time they were married increased, so did the likelihood that they would entertain the option to stray. In fact, men who had been married 11 or more years reported the greatest willingness to allow an intimate encounter to develop with someone other than their spouse.
So what did men and women consider as cheating anyway? The least likely behavior the participants counted as cheating was viewing porn, followed by a one-time instance of flirting with an unfamiliar person, and then multiple instances of flirting with that person. (Find out if you should tell your partner you cheated.)
The more physical and continuous the behaviors got, the more likely they were to be considered infidelity. For instance, the participants rated "multiple instances of intimate physical content with the same extramarital companion" as the behavior most indicative of cheating—slightly ahead of a single sexual incident, and multiple instances but with different companions.
So why are women more likely to cheat in that 6 to 10 year window? It may be because when the marriage is in its early states, it's likely that any children are still young and vulnerable, the study authors believe. So at this stage, investment in the family still serves as a strong barrier against straying.
But as time goes on, the evolutionary drive to seek out more partners—as a possible way to produce more children—outweighs the desire to invest in rearing the kids who already exist. Factor that in with looming menopause, and that may help explain why women are tempted to cheat during that time.
Still, that's a very evolutionary explanation—what about real life? Turns out, there are a number of reasons why women admit they cheat. One big reason that can play a role as she's getting older? She begins to reflect on the things she has or hasn't achieved over the past decade or so, which can lead to bleak thoughts, quality-of-life researcher Michael Steger, Ph.D. told us in the past.
Your move, then, is to be the man that makes things happen: If she's always talked about travel, be the guy that plans her an adventurous birthday trip. That'll show her that the best things with you are still to come. (Same applies to the bedroom, too. Check out How to Pleasure a Woman, the ultimate sex guide from Men's Health.)
Additional reporting by Mike Darling
Christa Sgobba For nearly 10 years, Christa has created health, fitness, nutrition, and wellness content that's steeped in science but engaging enough that people actually want to read it.
More From Cheating
We Asked 2,400 People What Counts as Microcheating. Do You Agree With the Results?
This Is Why People Cheat, According to Nearly 500 Cheaters
This City Has the Fastest Growing Population of Cheaters
Jay-Z Gets Real About Cheating On Beyoncé—and How They Got Through It
A Plane Was Forced to Land Mid-Flight After a Woman Discovered Her Husband Cheated
Is Your Marriage At Risk? This Is Exactly When Your Spouse Is Most Likely to Cheat
Arnold Schwarzenegger Majorly Regrets the Affair That Ended His Marriage
So You've Been Cheated On. Here's How to Repair Your Relationship
Does It Count as Cheating if You Have Sex With a Sex Robot?
Your Face Shape Could Reveal How Likely You Are to Cheat, Study Says
This Is When She's Most Likely to Start Cheating On You
6 Signs She's Thinking of Cheating
This Is the Time Of Year When People Are Most Likely to Get Divorced
The Two Months When Divorce Is Likely to Happen
The #1 Reason Women Cheat

redpajama_set_name: RedPajamaCommonCrawl


While taking a stroll in Meridell, you happen upon a small pond full of Mortogs! In the middle of them sits a warty Grundo wearing a paper crown. He croaks loudly in greeting, "Kiss the Mortog is all the rage in Meridell! If this is your first time, don't fret, you can't get warts from them."
Since there is no way to discern the magical Mortogs from the regular ones, winning is completely based on luck. If you're curious about the odds of picking the correct Mortog for each round and the prize payout per round, the table below can help. Probabilities are based on consecutively picking the correct Mortog for each round preceding it.
Thanks to Eleven for providing information on round 8.
If you are kissing Mortogs for the avatar, you must quit after you complete level 4, when there are 5 Mortogs to choose from. Going beyond level 4 and quitting will not award the avatar. If you are trying for a trophy, the minimum requirement is usually higher than this, so check the high score table before you start playing. Remember, it's always best to play during the beginning of the month when the tables have been reset!
I don't want to play anymore!!
This page was last updated on October 3, 2018.


text:
Cahokia Fort Bowman Charter Academy "Rangers" & "Lady Rangers"
The History of Cahokia Fort Bowman Charter Academy
Cahokia (population 16,391) is located in southwestern Illinois along the Mississippi River. The city is located in the northeastern portion of St. Clair County about 4 miles south of East St. Louis. Interstate Highway 255 travels through Cahokia. Illinois Route 3 also takes you to and from Cahokia. The Terminal Route Association of St. Louis Railroad travels to the east of town.
The community takes its name from the Cahokia Mounds, which was inhabited by Native Americans at the time it was discovered by French-Canadians in the latter part of the 1690's. As the explorers became to settle, priests from the Seminary of the Foreign Missions of Quebec attempted to convert the Cahokian and Tamaroan Indians to Christianity, and built a log church that was dedicated to the Holy Family. Within 50 years, the area became one of the larger French colonial towns in North America.
Cahokia became a trading post with over 3,000 residents and had a successful business district, which rivaled that of Kaskaskia 50 miles down river. Farmers stayed and planted wheat while maintaining peaceful relations with the Native Americans.
But all of that ended in 1763 as the French were forced to give up Cahokia to the British as the result of losing the French & Indian War. Many residents were in fear of the British, and moved across the Mississippi into what is now St. Genevieve and St. Louis. Thanks to George Rogers Clark, Cahokia was taken from the British in 1778 during the Revolutionary War and a court was set up there. The courthouse was used as a territorial courthouse and political center until 1801 when it expanded its boundaries to take in a sizable area that stretched all the way to Canada. That ended in 1814 when St. Clair County (where Cahokia is located) had decreased in size and moved the county seat to Belleville.
Information regarding Fort Bowman Charter Academy High School is needed. There is very little information available on the internet through search engines. We know, through research by Adam Rosoho, that Fort Bowman Academy began in 2001. We believe that Fort Bowman Academy was a magnet school. We know that Fort Bowman Charter Academy, at least the high school portion, was closed at the end of the 2008-09 school year.
Fort Bowman Charter Academy Quick Facts
Year opened: 2001
Year closed: 2009
Consolidated to: Cahokia High School
Fort Bowman HS nickname: "Rangers" and "Lady Rangers"
Fort Bowman HS colors: Blue & Gold
School Fight Song: unavailable
The "Rangers" and "Lady Rangers" competed in several sports. Many were part of a coop agreement with Cahokia High School. We know the boys did compete on a solo basis in the sport of basketball. The girls may have done so as well. If you have any information about the Fort Bowman Academy athletic program please forward it to us via the means listed below.
The only season or sport mentioned on the IHSA website (www.ihsa.org) was the boys basketball team of 2003-04. Their nice season is listed below.
2003-04 11 – 9 Coach Randall Durk
Seeking Your Assistance
If you have ANY further information about Cahokia Fort Bowman Charter Academy please share it with us. Photos and information can be e-mailed to us at ihsgdwebsite@comcast.net . You can write to us via real mail at:
6439 N. Neva Ave.
Previous: Cable Public School
Next: Cahokia St. Joseph Institute


text:
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The FNIH Biomarkers Consortium and FDA hosted a workshop to provide a Framework for Defining the Evidentiary Criteria for Surrogate Endpoint Qualification on July 30-31, 2018. The workshop aimed to create alignment of the biomedical community and regulators on the levels of evidence required to qualify biomarkers for use in drug development, with an emphasis on surrogate endpoints and specific clinical outcome measures.
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The Frontline 101 is a fixed single point alarm unit and is ideal for use in a wide range of environments. This may range from commercial premises to heavy industrial applications which require hazardous area sensing. It is an economic and reliable way of monitoring gas levels and can be used as a standalone system or as an addressable sensor (forming part of the Frontline Combie CANbus addressable network system). The Frontline 101 can be easily mounted in an accessible position and depending on the type of sensor, will be positioned where the gas type requires. For more information on the installation requirements and the initial set-up procedures please contact our Service Team.
The Frontline 101 features a datalogging functionality and three alarm stages. The single point alarm unit is weatherproof and has a full alpha numeric status display which is back lit for easy visibility. The front panel can be removed to allow access to set up and maintain parameters. You also have the option of selecting an internal or remote sensor or an aspirated sensor.


A document file format is a text or binary file format for storing documents on a storage media, especially for use by computers. There currently exists a multitude of incompatible document file formats.
A rough consensus has been established that XML is to be the technical basis for future document file formats, although PDF is likely to remain the format of choice for fixed-layout documents. Examples of XML-based open standards are DocBook, XHTML, and, more recently, the ISO/IEC standards OpenDocument (ISO 26300:2006) and Office Open XML (ISO 29500:2008).
In 1993, the ITU-T tried to establish a standard for document file formats, known as the Open Document Architecture (ODA) which was supposed to replace all competing document file formats. It is described in ITU-T documents T.411 through T.421, which are equivalent to ISO 8613. It did not succeed.
Page description languages such as PostScript and PDF have become the de facto standard for documents that a typical user should only be able to create and read, not edit. In 2001, a series of ISO/IEC standards for PDF began to be published, including the specification for PDF itself, ISO-32000.


text:
<?php

namespace Workerman\Events\React;
use Workerman\Events\EventInterface;
use React\EventLoop\TimerInterface;

/**
 * Class StreamSelectLoop
 * @package Workerman\Events\React
 */
class Base implements \React\EventLoop\LoopInterface
{
    /**
     * @var array
     */
    protected $_timerIdMap = array();

    /**
     * @var int
     */
    protected $_timerIdIndex = 0;

    /**
     * @var array
     */
    protected $_signalHandlerMap = array();

    /**
     * @var \React\EventLoop\LoopInterface
     */
    protected $_eventLoop = null;

    /**
     * Base constructor.
     */
    public function __construct()
    {
        $this->_eventLoop = new \React\EventLoop\StreamSelectLoop();
    }

    /**
     * Add event listener to event loop.
     *
     * @param $fd
     * @param $flag
     * @param $func
     * @param array $args
     * @return bool
     */
    public function add($fd, $flag, $func, $args = array())
    {
        $args = (array)$args;
        switch ($flag) {
            case EventInterface::EV_READ:
                return $this->addReadStream($fd, $func);
            case EventInterface::EV_WRITE:
                return $this->addWriteStream($fd, $func);
            case EventInterface::EV_SIGNAL:
                if (isset($this->_signalHandlerMap[$fd])) {
                    $this->removeSignal($fd, $this->_signalHandlerMap[$fd]);
                }
                $this->_signalHandlerMap[$fd] = $func;
                return $this->addSignal($fd, $func);
            case EventInterface::EV_TIMER:
                $timer_obj = $this->addPeriodicTimer($fd, function() use ($func, $args) {
                    \call_user_func_array($func, $args);
                });
                $this->_timerIdMap[++$this->_timerIdIndex] = $timer_obj;
                return $this->_timerIdIndex;
            case EventInterface::EV_TIMER_ONCE:
                $index = ++$this->_timerIdIndex;
                $timer_obj = $this->addTimer($fd, function() use ($func, $args, $index) {
                    $this->del($index,EventInterface::EV_TIMER_ONCE);
                    \call_user_func_array($func, $args);
                });
                $this->_timerIdMap[$index] = $timer_obj;
                return $this->_timerIdIndex;
        }
        return false;
    }

    /**
     * Remove event listener from event loop.
     *
     * @param mixed $fd
     * @param int   $flag
     * @return bool
     */
    public function del($fd, $flag)
    {
        switch ($flag) {
            case EventInterface::EV_READ:
                return $this->removeReadStream($fd);
            case EventInterface::EV_WRITE:
                return $this->removeWriteStream($fd);
            case EventInterface::EV_SIGNAL:
                if (!isset($this->_eventLoop[$fd])) {
                    return false;
                }
                $func = $this->_eventLoop[$fd];
                unset($this->_eventLoop[$fd]);
                return $this->removeSignal($fd, $func);

            case EventInterface::EV_TIMER:
            case EventInterface::EV_TIMER_ONCE:
                if (isset($this->_timerIdMap[$fd])){
                    $timer_obj = $this->_timerIdMap[$fd];
                    unset($this->_timerIdMap[$fd]);
                    $this->cancelTimer($timer_obj);
                    return true;
                }
        }
        return false;
    }

    /**
     * Main loop.
     *
     * @return void
     */
    public function loop()
    {
        $this->run();
    }

    /**
     * Destroy loop.
     *
     * @return void
     */
    public function destroy()
    {

    }

    /**
     * Get timer count.
     *
     * @return integer
     */
    public function getTimerCount()
    {
        return \count($this->_timerIdMap);
    }

    /**
     * @param resource $stream
     * @param callable $listener
     */
    public function addReadStream($stream, $listener)
    {
        return $this->_eventLoop->addReadStream($stream, $listener);
    }

    /**
     * @param resource $stream
     * @param callable $listener
     */
    public function addWriteStream($stream, $listener)
    {
        return $this->_eventLoop->addWriteStream($stream, $listener);
    }

    /**
     * @param resource $stream
     */
    public function removeReadStream($stream)
    {
        return $this->_eventLoop->removeReadStream($stream);
    }

    /**
     * @param resource $stream
     */
    public function removeWriteStream($stream)
    {
        return $this->_eventLoop->removeWriteStream($stream);
    }

    /**
     * @param float|int $interval
     * @param callable $callback
     * @return \React\EventLoop\Timer\Timer|TimerInterface
     */
    public function addTimer($interval, $callback)
    {
        return $this->_eventLoop->addTimer($interval, $callback);
    }

    /**
     * @param float|int $interval
     * @param callable $callback
     * @return \React\EventLoop\Timer\Timer|TimerInterface
     */
    public function addPeriodicTimer($interval, $callback)
    {
        return $this->_eventLoop->addPeriodicTimer($interval, $callback);
    }

    /**
     * @param TimerInterface $timer
     */
    public function cancelTimer(TimerInterface $timer)
    {
        return $this->_eventLoop->cancelTimer($timer);
    }

    /**
     * @param callable $listener
     */
    public function futureTick($listener)
    {
        return $this->_eventLoop->futureTick($listener);
    }

    /**
     * @param int $signal
     * @param callable $listener
     */
    public function addSignal($signal, $listener)
    {
        return $this->_eventLoop->addSignal($signal, $listener);
    }

    /**
     * @param int $signal
     * @param callable $listener
     */
    public function removeSignal($signal, $listener)
    {
        return $this->_eventLoop->removeSignal($signal, $listener);
    }

    /**
     * Run.
     */
    public function run()
    {
        return $this->_eventLoop->run();
    }

    /**
     * Stop.
     */
    public function stop()
    {
        return $this->_eventLoop->stop();
    }
}

redpajama_set_name: RedPajamaGithub


St. Michael and the Angels is a beautiful and inspiring book telling all about the angels. Filled with stories from the lives and writing of the saints, it tells of the role which the good angels play in the divine economy of saving souls. Led by St. Michael, the Prince of the heavenly host, the angels act as our guardians, serve as messengers from God to us and from us to God, surround the altar during Mass, and bear the graces of the Mass like incense to the altar of God on high. Here is explained the relationship of the angels to the Blessed Virgin Mary and how, if she is to send them to our aid, we must request her to do so. Included too is the prayer to our guardian angel asking him to go in our place to attend Mass when we cannot, plus the way the good angels protect us against the evil spirits. The book also discusses in detail the pre-eminent role of St. Michael as "Champion of the Church," "Defender of Christians," "Guardian of Purgatory," and "Helper of the Sick and Dying." Finally are included prayers to the angels and a litany to our Guardian Angel, to St. Michael, St. Raphael, and St. Gabriel. In all, St. Michael and the Angels is a treasure trove of information and inspiration about the holy angels-our silent partners in the way of salvation.


The lack of a left-right interchange symmetry is because the group is acting from the left side. If the group were acting on the left as well as the right, we would have a acting on the right in the last term.
The cohomology of this cochain complex is defined as the cohomology of the group action.
The coboundary group, , is defined as the image of the map .
Note that is a subgroup of , by the fact that this is a complex.
The cohomology group, is defined as the quotient . It is in other words the homology of the cochain complex.
Particular cohomology groups ,specially the first ,second and third ones, are of direct significance even in finite group theory. These are discussed in separate articles.


text:
Intrepid är ett stödfartyg tillverkad av Damen Yachting i Nederländerna. Hon sjösattes tidigt 2016 och levererades i juni samma år till sin ägare Eric Smidt, amerikansk affärsman. Den används alternativt har använts som ett stödfartyg till de yachter som Smidt äger och har ägt (Infinity (2014) och Infinity (2021)).

Stödfartyget designades exteriört av Damen Yachting. Intrepid är 69,15 meter lång. Den har en besättning på 21 besättningsmän och har också minst en helikopter.

Referenser

Fartyg
Fartyg byggda i Nederländerna
Fartyg sjösatta 2016

redpajama_set_name: RedPajamaWikipedia


text:
Q: How to display Hidden field value in Paragraph tag I want to display hiddentfield value in

    Please note that you have
       javascript:$("input[id$=hdnCartCount]").val();
    more pending orders.

      Click Checkout to proceed!

How can I display?

A: Assuming you want this to be dynamic, slight re-arrange your HTML (note the ID I've given to your span):

    Please note that you have

    more pending orders.

    Click Checkout to proceed!

Then you can do:

DEMO

A: Try giving an id to the span and
$("#spanId").text($('#hdnField').val());

redpajama_set_name: RedPajamaStackExchange


text:
On the State of Ultrarunning
So this is going to ramble a bit. Accept it for what it is--a post that goes in many directions: PEDs, "Gordygate," etc.
It's hard to believe that this blog launched some nine years ago. In the past probably two years, I've been challenged to think up good, compelling content for posts because--well, to be honest--I'm not sure writing about what I do with my running is all that important or interesting. In some respects, blogging about one's self seems kind of narcissistic, and over the years the exercise has made me increasingly uncomfortable. Then again, as a writer, I believe in the virtues of journaling. There are some journal-style running blogs out there that I read daily and find great interest in because, in my eyes, they have value in their content. So, what I ultimately tell myself when I'm questioning the value of this blog is that it's probably reaching at least one person in a positive way.
Speaking of this blog, when I started it, I was 34 years-old, had been running for about three years, and was on the cusp of my peak. I had two really good years by my own standards--2008 and 2009--where I mostly achieved my goals. This graphic from Ultrasignup tells some of the the story but not all of the story because it excludes races shorter than ultra distance.
It's impossible to ignore the drop-off after 2009, when I stopped running sub-3-hour marathons (the sub-3 is in my mind the greatest indicator of my fitness level). I think the drop-off can be traced to at least three factors.
First, there's aging. I am slower today than I was in 2009 (but not a lot slower).
Second, my volume has dropped. I don't run 100-mile weeks anymore unless the time is there, which it rarely is.
Third, moving out West in early 2010, I started running in ultras with much deeper fields. My first big realization that the game was being played at a whole different level than what I'd experienced back East came in July 2010 when I ran in the Barr Trail Mountain Race, which goes part way up Pikes Peak and then back down. I ascended the trail just fine but then on the descent was passed by scores of runners who seemed to just float down the mountain. It was astonishing.
That was a long time ago. I'm now older, far more patient, and a bit more reflective. I've also made a ton of mistakes that proved to be great learning opportunities. The biggest lesson I've learned over the years is that, while I still do OK at shorter races like 5Ks and 10Ks, longer events are my friend and I have to run my own race. At Javelina, because I ran a smart race by my own standards, I passed a ton of runners in the final 25 or so miles. In ultras, it's not how you start; it's how you finish. The runner who's still running in those final 25 miles of a 100-miler will make up a ton of ground on most of the folks in front of him/her. This is where my plan for Western States in 2016 begins and ends--run smart from the start and finish strong. Details like strong quads late in the race and heat management in the canyons are tactics within the larger strategy.
So, now for some rambling. There's been a lot of talk about the state of ultrarunning. Two issues come to mind.
First, there's the "PED issue." PEDs in ultra have gotten some extra attention after the recent North Face 50-miler in San Fran, which included a known doper who'd served a ban, and Lance Armstrong's revelation that he wants to run an ultra. A lot of folks want a testing system. I would love to see testing and would gladly take part in it because I think there should be zero tolerance when it comes to PED use. You use PEDs and you're banned for life. Period.
But what is a PED and where does one draw the line? How come caffeine is OK when it's a known performance enhancer? What about ibuprofen? How about marijuana, which a growing number of ultrarunners use in training and racing as it can help ease stomach distress and promote appetite? Where do we draw the line? If we want PEDs out of ultra, then we might need to say no to all of them, not some of them. Something to consider?
But it's next to impossible to implement such a system in ultra when there's no governing body and when races are very grassroots in terms of their organization (in most cases, it's a lone RD who already has a full-time job but somehow finds the time to get the necessary permits and round up volunteers to make a race happen). To do good testing, you need a unified system that allows for a central repository of test results. You also need enforcement. This wouldn't be cheap. With that said, the issue of testing seems to be a non-starter since you have a sport that's so grassroots and unstructured. As of now, it's a dog that won't hunt.
Bottom line: A system for PED testing will likely never come to ultra unless some big sponsors make it happen. We have to self-police as best as we can.
Second, there's the Gordy Ainsleigh situation, which could be called "Gordygate." Gordy, as many of us know, started the Western States Endurance Run and is essentially the founder of the 100-mile trail race. He is not really the founder of modern-day ultrarunning; we can give that distinction to Ted Corbitt. But there is no denying that Gordy has made a huge impact as a pioneer. When I saw him at Javelina, I thanked him for "making this happen" in the first place. Anyway, as the 2016 Western States approaches, Gordy faces the prospect of not being able to run in the race he founded. The reason is that he's not qualified (yet).
The Western States board, as I understand it, has said to Gordy that all he needs to do is finish a qualifier and he's in the 2016 race. He's not subject to the lottery; he'll always have a spot so long as he qualifies. They even extended his qualification window to include a few qualifiers in early 2016.
Some people think Gordy should have a lifetime spot without the need for a qualifier. Others think Gordy should have to qualify to access his spot. Both camps have legitimate arguments and this is certainly an issue on which reasonable people could disagree. I happen to fall into the latter camp. I think Gordy should always have a spot--always!--but I also think he should have to qualify for it just as the rest of us do. That's where the Western States board landed and I think they got it right.
Interestingly, I know a lot of long-time ultrarunners, who could be called "old school," who think Gordy should have to qualify. I also know lots of newer ultrarunners who think Gordy should have a spot for life. Where you stand on the Gordy issue has little to do with how long you've been in ultra and probably more to do with your general outlook on life and maybe even your worldview.
In ultra, no one is better than another. Some of us may be faster than others but ultimately we're all equal. We love the stories of Scott Jurek, "back in the day," winning Western States in 15 hours and change and then hanging out at the track and congratulating all of the runners as they came in. We loved hearing that Rob Krar ran the last mile of the 2015 Western States with Gunhild Swanson, who finished the race with seconds to spare and, in the process, became the story of that race.
We love those stories because they speak to the essence of ultra: though we come from different places and have different perspectives, and though some of us are fleet-feeted while others of us are cut-off chasers, an ultra brings us all together as like-minded folks who enjoy running a long way. To give special privilege to some and not all goes against what ultra stands for.
Have a very happy New Year!
Labels: Western States 100
A Ticket to Western States
On Saturday, my name was pulled in the Western States Endurance Run lottery. The invitation to run in the world's most prestigious 100-miler--the first 100-miler, the "Super Bowl of Ultrarunning," the "big dance"--is a dream come true. I have dreamt of running in Western States since I ran my first ultra a dozen years ago. It is honestly hard to believe this moment has finally come.
With a total of four tickets in the hopper on Saturday, I had a 14% chance of being selected. I had told my wife that, realistically, it would be 2019 or 2020 before I got in. By then, I'd have enough tickets to have a serious shot. But lady luck was on my side this year. When I saw my name pop up on the website, which was being updated real-time as entrants were selected on Saturday morning, I was in disbelief. It was a surreal moment. The first thing I did was call my wife. Was this really happening? Would I finally have my shot?
And to think that it almost didn't happen. I wasn't qualified for the 2016 running of the Western States Endurance Run until November 1, when I crossed the finish line at the Javelina Jundred. I went to Javelina with really one goal in mind: to stay qualified for Western States. In the process, I regained my confidence as a runner, after losing it at Bighorn, and now I've been handed the opportunity of a lifetime--a ticket to the "big dance."
Through all the growth ultrarunning has experienced in recent years, there have been a few constants. Among them: Western States remains THE iconic 100-miler in large part because it's set the standard. It is the gold standard, like Kona is for Ironman triathletes or Boston is for (us) marathoners.
Western States will be my big goal race for 2016. I intend to give it my best. Although it's hard to train the way I used to (from a time standpoint), I will throw everything I can at Western States, because that race deserves nothing short of one's best. I will need to be ready for the 41,000 feet of combined elevation change and those sweltering hot canyons. One can run ultras for years--even decades--and never get a chance to line up for Western States. This could be a once-in-a-lifetime opportunity, and I intend to take full advantage of it. I will soak it all up and, when it really gets tough, think about how good it'll feel to run that last little bit of the race on the Placer High School track in Auburn.
With a very solid base in place, training will begin in earnest in mid-February. It will consist of a healthy dose of volume, lots of downhill running, weights, hill repeats, heat training, as much trail work as I can get in, and some tempo efforts. Ski season will still be in swing then so I'll train hard on weekends we're not skiing--basically I'll be opportunistic. Then in early April, when ski season is behind us, I'll really crank it up.
I also intend to line up for Leadville in August, assuming my name is drawn in that lottery, too. The challenge of two iconic hundreds in one summer practically intoxicates me with excitement. The two races are separated by about eight weeks. Recovery between the events will be critical.
In due time, the details will be worked out. For now, I'm just elated beyond belief to have a ticket to one seriously bad-ass 100-miler. And I'm hoping to get back to Leadville for what will be a summer I'll never forget. Let's get it on.
Labels: Leadville 100, Western States 100


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Private Investigator Legislation Updates
Nationwide News from NCISS
2010 is an election year, so Congress is expected to be in recess for most of August and not return to Washington until September 13 in order to provide time to go back home to campaign. Given the public's anti-incumbent attitude this year, it is even more likely that Congress will attempt to adjourn for the year in early October as many members of Congress are worried about the election. Major issues are expected to be pushed back until what promises to be a very active "lame duck" session after the election.
HR 5777 - "Best Practices Act". Representative Bobby Rush (D-IL) introduced a massive privacy bill in late July that would require notice and consent for the collection and use of some personal information. Congressman Rush chairs the powerful Subcommittee on Commerce, Trade & Consumer Protection. He held a hearing on his bill as well as a draft proposal by Congressman Rick Boucher (D-VA). These measures are largely a response to privacy concerns about the collection of information about Internet users and some practices at Google and Facebook. But NCISS is very concerned that these bills are overbroad and could have a severe impact on private investigators. Two other subcommittees also scheduled hearings on online privacy issues prior to the August recess. NCISS is actively communicating with the relevant Members of Congress in order to protect the interests of its members.
S-30/HR 1258 - "Truth in Caller ID Act". These bills prohibits telephone "spoofing" of caller ID's. These bills have passed both houses of congress. NCISS prefers the specific language of S-30, which makes clear that only those uses of spoofing that cause harm should be limited. NCISS has met with both committee staff and the counsel to Senate sponsor Bill Nelson (D-FL). Senator Nelson is urging that the bill only apply to harmful uses of spoofing. As we go to press, the bills have not been reconciled.
S-3214 - The "Surreptitious Video Surveillance Act". Senator Arlen Specter (D-PA) introduced this bill following a Pennsylvania school district's alleged access of video images from webcams on laptop computers in students' homes. The legislation would prohibit video surveillance in homes where there is an expectation of privacy. NCISS Legislative Chair Jimmie Mesis suggested to Senator Specter's staff that the bill be modified to specifically limit the scope of the legislation. His suggestion to limit coverage of the bill has been accepted. NCISS member Stuart Drobny was instrumental in obtaining Senator Specter's agreement.
The bill has yet to be considered in the Senate Judiciary Committee.
HR-3149 - "Equal Employment for All Act". This bill would prevent employers from using credit reports for employment purposes. A hearing was held recently in the Subcommittee on Financial Institutions and Consumer Credit. NCISS advocate Larry Sabbath provided material and discussed the issue with several staff members prior to the hearing. We remain very concerned about the legislation. It is very popular among some members of congress because many of their constituents have fallen behind in paying bills due to the recession.
NCISS has joined with a group of leading business members to oppose the bill. This coalition has asked the House Financial Services Committee not to consider the bill.
HR-4173 - the ''Dodd-Frank Wall Street Reform and Consumer Protection Act''. This major financial reform bill has been signed into law by President Obama. NCISS opposed a provision in the House version of the bill which would have provided the Federal Trade Commission with an enhanced ability to issue rules and regulations. It was dropped by the conference committee that met to reconcile different versions of the bill passed by the House and Senate.
However, the bill does establish a new Bureau of Consumer Financial Protection. This new Bureau could issue rules that would affect NCISS members. These rules will be largely enforced by the Federal Trade Commission, but in some instances enforcement will be done by the new agency. After the bill is finally adopted, the FTC and new Bureau will determine how enforcement will proceed.
HR 5300 - ''Fairness and Accuracy in Employment Background Checks Act of 2010''. This legislation is intended to provide more accurate information to the Federal Bureau of Investigation's criminal history database. It requires the US Attorney General to attempt to assure that records are up to date. SCOLA Chairman Vince Ruffolo is concerned about a provision which would drop arrest records after 12 months when no disposition of the arrest can be determined. This is problematic for state regulators who issue guard, private investigator and weapons permits. Unless amended, a great deal of information may be dropped from the database because many arrests aren't resolved prior to 12 months. The International Association of Investigative and Security Regulators (IASIR) adopted a resolution expressing its concern with the bill. The resolution was presented by the security industry representative on the Board. It was suggested by Legislative Advocate Larry Sabbath, working through the SCOLA coalition.
Jimmie Mesis
NCISS Legislative Chairman
New Hampshire has passed and the Governor has signed the PI Licensing bill, HB 651,
which is an enormous move on the part of the New Hampshire League of Investigators. It provides for more professional licensing, education/experience requirements and an advisory board to work with the licensing agency, Department Of Safety. The law is the efforts of the NHLI, the Legislature and the Dept of Safety and comes after years of hard work. It also was a
first in which the Licensing Agency worked side by side with the NHLI to make this bill a reality. NHLI is extremely happy and proud to have played a part in this bill being written and becoming law.
Q.R.Estey, Jr.
New Hampshire League of Investigators President
Have news from your state? Send it to [email protected] and we will include it in a future edition of the PI News Round-Up. You can also request to receive our monthly e-mail reminder asking for your private investigator news.


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Digital health platform altibbi raises $44 million in Series B
News • 28 March, 2022
UAE-based and Jordan-born digital health startup Altibbi, has raised a $44 million Series B funding round, led by Foundation Holdings, Hikma Ventures along with existing investors; Global Ventures and DASH Ventures. This round brings the total amount raised by the startup to $50 million to date.
Founded by Jalil Allabadi in 2011, Altibbi offers a 24/7 telehealth service as well as health-focused content for its users.
The company plans to utilise the funds to invest in its technology as well as make inroads to the e-pharmacy and diagnostics collection segments.
Altibbi, the Middle East's largest AI-based digital health platform, announces a $44 million, Series B fund raise; the largest single financing round for a regional Digital Health company.
The round brings together a number of strategic and financial investors and the heavily oversubscribed round was led by Foundation Holdings, Hikma Ventures and existing investors Global Ventures and DASH Ventures. Raising more than US$50 million in funds since its founding in 2011, Altibbi's diverse shareholder base also includes high-profile investors Endeavor Catalyst, Middle East Venture Partners and Al Rashed, among others.
Jason Kothari, Senior Advisor at Foundation Holdings and an experienced business leader, will be joining the Altibbi Board on behalf of Foundation.
The global digital health market size exceeded $142 billion in 2020 and is estimated to grow at over 17% annually until 2027. The remote healthcare market in the Middle East and North Africa is projected to reach ~$2 billion in 2024. 400 million people in the Arab world lack basic health services, including access to medical information and advice, as over 70% of doctors' visits are unnecessary and add to the burden on the health system. Additionally, chronic conditions are an increasing burden to affordability of healthcare across the globe.
Altibbi is the largest AI-based digital health provider in the Arab world with unrivalled scale and innovation. The Company hosts over two million pages of content, and has published six peer reviewed scientific papers in the last year alone. It has conducted 4.5 million telehealth consultations to date, has 20 million unique visitors a month to its platform, and offers its 24/7 telehealth services across seven regional countries - with over 1,500 active certified doctors on the platform. Altibbi's AI engine, created by their leading team of data scientists, engineers and clinicians, also provides a unique capability for a comprehensive patient solution.
The new funds will be used to expand the platform's offering into online pharmacy and diagnostics collection to establish the regions first end-to-end fully integrated primary care offering, providing high quality, affordable, accessible value-based healthcare in accordance with Saudi Vision 2030 and Egypt's Ministry of Health and Population. Digital healthcare innovations are key for supporting Saudi Vision 2030 and the Company will also increase its investments in machine learning to further support doctors in providing more precise diagnostics, referrals and prescriptions.
Jalil Allabadi, Founder & CEO of Altibbi, said:
"We are thrilled to complete this significant funding round, with the endorsement of leading financial and strategic investors with strong healthcare and technology expertise. We are grateful to our new and existing investors, our partners and the brilliant Altibbi family and team for allowing us to forge ahead with our mission. Altibbi is playing a critical role in organising digital healthcare services, improving quality and convenience for patients, and reducing costs of insurers and governments, even as it expands access across the region. Building an end-to-end platform and strengthening our geographic presence have always been strategic priorities."
Abhishek Sharma, CEO of Foundation Holdings, commented:
"Digital Healthcare is witnessing unprecedented growth and we are set to sail into the golden age of healthcare and healthcare technology. Altibbi has already achieved a leadership position in the digital healthcare industry while demonstrating superior unit economics. Our objective is to support Altibbi to reach a superior position where its quality, exponential growth and trusted brand will enable them to be the first publicly listed digital health unicorn IPO in the GCC."
Lana Ghanem, Managing Director of Hikma Ventures, said:
"Altibbi is re-engineering healthcare, shifting the focus from sick care to preventative healthcare so that patients experience better health, and reduced costs. We fully believe and support their highly scalable, digital-first platform combined with their quality, virtual clinical operations to provide integrated, personalized healthcare. An integrated digital platform is no longer a nice to have in healthcare but is an essential tool to deliver a more efficient model of care."
Investment bank Awad Capital was the exclusive advisor to Altibbi for the transaction.
According to a GCC Healthcare Industry Report by Alpen Capital, the current healthcare expenditure in the GCC is projected to reach US$ 104.6 billion in 2022. The healthcare sector in the Kingdom of Saudi Arabia is anticipated to expand at a CAGR of around 7% during 2019-2024. The Kingdom of Saudi Arabia's Vision 2030 aims to drive the digital transformation of health systems and inspire new collaborations between public and private sectors for improved clinical and financial outcomes.
Founded in 2011, Altibbi is the region's first and largest digital health platform with over 20 million unique monthly visitors and three million consultations a year, Altibbi is uniquely placed, and dramatically impacts and fundamentally re-wires the healthcare value chain across the Arab World delivering more cost effective, quality healthcare to individuals, corporates, insurers, and the public sector. Altibbi is on a mission to put accessible, affordable, quality healthcare in the hands of every person in the Arab world with a clear ambition to be the region's first publicly listed, high growth digital provider and the next digital unicorn.
Altibbi also offers more than two million pages of Arab medical content over the Internet, providing reliable medical information to those who need it, in addition to providing 24/7 medical consultations via the Internet in all countries of the Arab world. Altibbi won the World Summit Award for Best Digital Health Content and the Schwab Award for Best Social Institution.
Author: News
AlTibbi
Hope Ventures invests in YAS Holding and RestHero
Startups in Mena raised almost $4 billion in 2022
Why SWVL's acquisition of Volt Lines came to a halt


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University return to sport: club Presidents react
Angela Eichhorst speaks to the Presidents of a number of University sports clubs, following the lifting of lockdown restrictions earlier this term.
By Angela Eichhorst
After a remote Hilary, Cherwell asked Oxford University's sports clubs about their plans for reopening.
"You can't really get close to someone while you're on a horse," says President of Oxford University Equestrian Club Charlotte Stuart. "It's a very COVID safe sport, which, I think the first time around while we were trying to get approval for training, it just took a bit longer than it needed to." The team's training grounds are 40 minutes away near Pangbourne where "a lot of us can transport ourselves individually, so it's been so nice to be able to continue some sport and keep going."
However, even for an outdoor sport like horse riding, the lockdown has taken its toll. While the Equestrian Club has typically only registered their first two teams for competition in the past, "this year we were hoping to register the threes to compete at BUCS [British Universities and Colleges Sport]," which unfortunately didn't happen.
"We haven't had many matches to look forward to," Stuart says. "so I'd say it's probably knocked motivation down a little bit."
President of Oxford University Swimming Club Felix Gallagher has only had four weeks in the pool this year. After all indoor sports facilities shut under lockdown restrictions in October, "it's been tough to get people involved," Gallagher admits. Over the past six months he's been running team fitness circuits over zoom but has noticed attendance drop. Online challenges where team members have 24 hours to asynchronously record their attempt at a burpee challenge have had more success. "I think everyone just got a bit zoomed out to be honest," Gallagher says.
Single lanes have been open at the Rosenblatt swimming pool since April 12th and Gallagher hopes the team can return to coached sessions from May 17th. After such a long lapse in practice, "the immediate concern is injuries, that people rush back into training and maybe don't appreciate just how long they've had off and just how intense normal training is." Gallagher is also concerned that "if [members] are not swimming at the same level they were before, they get disheartened, demotivated, and perhaps they quit the sport. I think we are a little bit worried that we might lose quite a few members."
Gallagher was happy to see that the team's zoom meetings this term were mostly frequented by the newest members of the group, some of whose only experience of Oxford University Swimming Club has been those first four weeks in October. Gallagher reckons the zoom sessions were "probably really beneficial in the sense that it was probably a bit less intimidating if you're new to the club."
Coronavirus decisions for Oxford's sports clubs have been made by the Sport Federation, which students generally say has been forthcoming with its support. "They've made designated fast lane sessions for sports club members to have priority booking on… so they've been really brilliant about that and because it is when sessions normally are, it kind of fits into peoples' routines a bit better" Gallagher says. "They've been very helpful with our risk assessments for COVID and they've also sometimes provided extra money in terms of helping COVID relief for the club" says Oxford University Basketball Club Secretary Karl Baddeley. Gallagher remembers "early on in the first lockdown, they made a blues performance team Facebook group for all the blues athletes across all the different sports where they posted workouts and stuff you could do in your own time," but he suggests, "maybe there hasn't been as much communication on more of the welfare implications of not being able to see your team."
In the rush to find COVID friendly activities, the Oxford University Walking Club experienced a huge spike in interest during Michaelmas term. President Isabel Creed describes the club as usually running "a very chilled walking system" with local walks open to anyone who gets themselves to the starting point on time as well as multi-day trekking trips around the UK that require more advance planning. When the lockdowns came, "we weren't allowed to use minibuses and putting loads of people in a hostel was not really appropriate, so we haven't really been able to operate [those longer trips]" Creed says.
"We were told that we could only have sixes by the university … which then meant that I only have 15 leaders, and not all of them were available each weekend." As lockdown measures tightened further, Oxford University Walking Club had to move to 1:1 hikes and with a mailing list of over 1,000, people were inevitably disappointment when they were unable to book a place.
"We had an issue with people booking and then not turning up for the trips" Creed says. "People would let you know like 10 minutes before which, obviously, you can't ring somebody at eight o'clock on a Saturday morning and say, Oh, can you come in 10 minutes."
Creed eventually had to implement a system where two skips without an excuse led to exclusion for the term, with the valid excuse being contact with Covid. However, "sometimes people [would] then just tell me they're not feeling well, and it's quite difficult to work out if they're unwell or not."
While Creed says "a lot of people [got] frustrated, especially some of our older members," she is hopeful things will be better this term. For Trinity "we've managed to kind of get some more leaders doing stuff and we've worked out a way of getting more people to be able to come on a trip because regulations are slightly different."
"For social walks, we're just going to let people off in groups of six. At least one or two people in their group of six will know their way around Port Meadow or you can follow the group [ahead] that's distanced."
Creed is recruiting members for a Pennine Way trip that was rescheduled to this summer after being cancelled last year, and she hopes that their other events this term will be successful at raising money for the charities Mind and Beat. After what the Walking Club went through at Michaelmas, "I do worry, though, that we might end up getting oversubscribed."
For the Oxford University Basketball Club whose sport is played primarily indoors, they have managed to do some of their trainings outside. "Weather is a massive issue, if it's raining half the time during autumn or winter" says Secretary Karl Baddeley. "Also being outdoors, there is higher injury risk," because players will fall on concrete rather than wooden gym floors. "We can't play as intensely as we normally would indoors, so that definitely limits training."
Baddeley also says for their strength and conditioning regime "we have to do a lot of bodyweight stuff on zoom, all just in our rooms, which is fine, but obviously, that's limiting as well."
For Regent's Park College Rowing President David Crowther who is preparing his college's team for Summer Eights in week 7, "I guess the biggest fear is that someone does get COVID because … then the whole boat has to isolate." While he expresses some concern about fitness, "everyone has been through that and we can kind of plan around that whereas [with covid] we can't necessarily stop it."
Most teams are holding out hope for a varsity competition at the end of term but with the shock of lockdowns in recent memory, students understand that the situation could change at any moment. "Best case scenario, we can have a friendly towards week seven or something, maybe, and then the one we really hope to have is varsity against Cambridge, maybe at the end of week eight, we don't really know," says Baddely. "That would be helpful. That would be best-case scenario."
Gallagher also hopes to organise a friendly varsity but "there'd still be restrictions on number of people we can have poolside, and there wouldn't be any fans. So I don't know then because Cambridge will be hosting it, I don't know if that's viable for them."
After a difficult year, what's at stake is less about winning and more about morale. "Obviously, it's kind of very much up in the air at the moment about government and university guidelines," says Gallagher. "But if we can do that, we think that'll probably be a good way to keep people in the club".
Image courtesy of OUEC.


Barner v. Thompson-Center, LLC, 796 F.3d 897 (8th Cir. 2015). After problems with service of process on the predecessor corporation of the defendant, the trial court dismissed the case with prejudice. We appealed to the Eighth Circuit and reversed the dismissal. The case was remanded for trial.
Brantley v. N. W. Ark. Hospitals, LLC, 2014 Ark.App. 275, 435 S.W.3d 1. A directed verdict in favor of a physician in a medical malpractice case was reversed and remanded for trial.
Cannady v. St. Vincent Infirmary Med. Ctr, 2012 Ark. 359, 423 S.W.3d 548. This case arose out of allegations that medical care providers improperly accessed the medical records of Ann Pressly, a popular local newscaster, when she was hospitalized, and ultimately died, as the result of a brutal assault. We sued the medical care providers for improperly accessing the records. The trial court dismissed the case. The Arkansas Supreme Court reversed and sent the case back to the trial court.
Bismarck Sch. Dist v. Sims, 2012 Ark. App. 239, 406 S.W.3d 805. This is an important Teacher Fair Dismissal Act case. The Plaintiff was fired for not noticing an error involving Arkansas Department of Education changes in the rules for graduation. Plaintiff's supervisors had been given notice of the change, but Plaintiff had not. The Trial Court overturned the Bismarck School District's decision. That was affirmed by the Arkansas Court of Appeals.
Broussard v. St. Edward Mercy Health Svs., Inc, 2012 Ark. 14, 386 S.W.2d 385. The "same specialty" requirement in medical malpractice cases was struck down as unconstitutional. This was one of the major cases involving "tort reform" acts by the Arkansas Legislature.
Aon Risk Services, Inc. v. Meadors, 100 Ark.App. 272, 267 S.W.3d 603 (2007). This was a complicated claim for unpaid commissions. A Pulaski County jury awarded appellee John Meadors $2,509,127.60 on several breach-of-contract claims against his employer, appellant Aon Risk Services, Inc., of Arkansas. In order to prove this case, it was necessary to go through a tremendous amount of documentation and do investigation in Little Rock, Dallas, and Chicago. The trial judge substantially reduced the damages. This meant all parties ended up appealing the final judgment. On appeal. The Court of Appeals reinstated the jury's verdict. The Supreme Court denied review.
One Nat. Bank v. Pope, 272 S.W.3d 98, 372 Ark. 208 (Ark., 2008). This was a tragic case. A mother and her two daughters were killed when a minister, driving back from a church fishing trip with a passenger from his church, fell asleep at the wheel. His car collided with the car driven by the mother, Lorrie Kaz, and her daughters, Dusti and Julianne. All three were killed instantly. One National Bank was appointed administrator of their estates. This case was pursued against the minister, the church, and its insurance company. The church and the insurer denied liability, contending that the minister was an independent contractor and that he was outside the course and scope of his employment at the time of the accident. Another issue was the question of "loss of life" damages under Arkansas law. The question was what evidence was necessary to prove entitlement to loss of life damages. The trial judge held that the evidence was sufficient to submit the issue to the jury as to the daughters, but as to the mother, the judge held the evidence insufficient. The jury awarded loss of life and mental anguish damages on the estates of the two daughters, but was only allowed to award mental anguish damages to the mother's surviving children. After the verdict, the church and insurer appealed the judgment on the issue of their responsibility for the minister. The estate appealed the trial judge's decision not to submit the loss of life element to the jury. On appeal, the Arkansas Supreme Court upheld the jury's determination that the church and its insurer should have been responsible for the minister's actions. The Supreme Court also held that the evidence for loss of life for the mother had been sufficient to submit the case to the jury. This case will be significant as it will help lawyers and judges know what evidence is necessary to prove entitlement to "loss of life" damages under Arkansas law. As to the church's liability, this case is somewhat unusual as it occurred at a time that Arkansas law on charitable immunity was unclear. In more recent decisions, the Arkansas Supreme Court has clarified the law and made it clear that charitable immunity does exist, and that the proper defendant is the charity's liability insurance carrier. During the time this case was pending, the law was unclear, so the only safe procedure was to maintain the lawsuit against both. Further, we contended that the language of the church's insurance policy made the minister himself an "insured" under the policy. There was collateral litigation about that issue as well.
McCoy v. Montgomery, 370 Ark. 333, 259 S.W.3d 430 (2007). The plaintiff lost a leg because of unnecessary surgery. The jury awarded $2,800,000 in actual damages, $200,000 in loss of consortium, and $500,000 in punitive damages. This case was tried by Bobby McDaniel and John Burnett. Gerry Schulze was brought in to draft motions and briefs at the trial level, and for the appeal. There were some complex procedural issues dealing with service of process, but this case is remarkable for the award of punitive damages against a physician in a medical negligence case. The evidence was that the physician falsified records to make an unnecessary surgery seem necessary and performed a "botched" surgery ultimately resulting in the amputation of the plaintiff's leg. After an exhaustive review of all the evidence, the Arkansas Supreme Court held that, "In viewing the evidence in the light most favorable to the Montgomerys, we hold there was sufficient evidence for the jury to have determined that McCoy engaged in malicious conduct in his treatment of Montgomery, warranting an award of punitive damages." This case is worthy of study. It will be a landmark for many years in determining under what circumstances a physician can be held liable for punitive damages. This case is also notable for the highly unusual behavior of one of the expert witnesses for the defendant, who unilaterally refused to answer questions posed to him at his deposition.
Wal-Mart Stores, Inc. v. Kilgore, 85 Ark. App. 231, 148 S.W.3d 754 (2004). A pharmacist gave the plaintiff the wrong medication. Plaintiff took the medication for approximately two days. His symptoms did not improve and finally his wife inspected the medication and discovered that he had been given the wrong medication. As a result of the error, plaintiff suffered damage that ultimately resulted in post-traumatic stress disorder. The case was handled at trial by John Burnett. Gerry Schulze was brought in for the appeal.A pharmacist gave the plaintiff the wrong medication. Plaintiff took the medication for approximately two days. His symptoms did not improve and finally his wife inspected the medication and discovered that he had been given the wrong medication. As a result of the error, plaintiff suffered damage that ultimately resulted in post-traumatic stress disorder. The case was handled at trial by John Burnett. Gerry Schulze was brought in for the appeal. A verdict of $840,000 was affirmed.
The Arkansas Supreme Court is the highest court in the Arkansas appellate system. From time to time, the Arkansas Supreme Court reviews cases decided by the Court of Appeals. The review is usually granted because there is a significant issue to be resolved.
The grant of review is not necessarily a sign that the Arkansas Supreme Court wants to change the result. As can be seen from our cases in which the Supreme Court granted review, the Supreme Court often reaches the same result, and sometimes even for the same reason. As a technical matter, the decision of the Court of Appeals is always vacated, and the Supreme Court decision becomes the final decision.
Berryhill v. Synatzske, 2014 Ark. 169, 432 S.W.3d 637 and Berryhill v. Synatzske, 2013 Ark. App. 483. Mary Berryhill sued Frances Synatzke, alleging that Synatzke was responsible for a car accident between Berryhill and Synatzke. Berryhill also sued a "John Doe" that was designated to represent the estate of any defendant who predeceased the service of the complaint. At the time the complaint was filed, however, Synatzke had died. After the statute of limitations had passed, Berryhill filed an amended complaint naming Synatzke's estate as a party. The estate filed a motion for summary judgment asserting that the original complaint was a nullity because Synatzke had died prior to the filing of the original complaint, and therefore, the complaint could not be transformed into a valid suit by amending the complaint after the statute of limitations had passed. The circuit court granted summary judgment for the estate. The Court of Appeals reversed, holding (1) because the identity of the tortfeasor, the estate, was unknown to Berryhill at the time she filed her original complaint, Ark. Code Ann. 16-56-125 was applicable to her claim and tolled the statute of limitations; and (2) because there was a valid pleading to relate back to, the real party, the estate, could be substituted for the John Doe defendant in the original complaint. The Estate of Synatzske asked the Arkansas Supreme Court to review the decision. The Arkansas Supreme Court did review the decision, and reached the same result as the Court of Appeals for the same reasons.
Smith v. Rebsamen Med. Ctr., Inc., 2012 Ark. 441, 424 S.W.3d 876 and Smith v. Rebsamen Med. Ctr, Inc., 2011 Ark. App 722, 387 S.W.3d 193. This case was significant because it helped to solidify the law that one division of the circuit court cannot disregard the orders of another division of the Circuit Court. Plaintiff petitioned to be special administrator of the estate of the decedent. The Probate Division notified Plaintiff's counsel that the order appointing Plaintiff as the special administrator had been entered. On the basis of that, Plaintiff filed a medical malpractice wrongful death case against the Defendants. Plaintiff's counsel then learned that the Probate order had not been entered, and asked the Probate Court for an order that the appointment was effective "nunc pro tunc" before the filing of the malpractice case. The judge in the malpractice case found that the Probate order was ineffective and dismissed the case. The Arkansas Court of Appeals ruled that the Circuit Judge in the malpractice case could not disregard the ruling of the Circuit Judge in the Probate case and remanded the case for trial. Defendants asked the Supreme Court to review the case. The Supreme Court did review the case, and held that "The civil division of circuit court lacked any authority to invalidate or disregard the order from the probate division, which established that Appellants had been appointed as co-special administrators prior to the filing of the wrongful-death complaint." Again, the Supreme Court reached the same conclusion as the Court of Appeals.
Nat'l Bank of Ark. v. River Crossing Partners, LLC, 2011 Ark. 475, 384 S.W.3d 754 and Nat'l Bank of Ark v. River Crossing Partners, LLC, 2010 Ark. App. 841. This is an example of a case in which the Supreme Court granted review for the purpose of making a subtle correction. The Court of Appeals held that the "clean up doctrine" applied in the case. The "clean up doctrine" allowed a chancery court to resolve all issues when a case involved both legal and equitable claims. Under the law before Amendment 80, chancery courts and circuit courts were different courts. After Amendment 80, the circuit and chancery courts were merged, and all are circuit courts. We asked the Arkansas Supreme Court to review on the basis that the "clean up doctrine" should not have survived Amendment 80. The Arkansas Supreme Court took the case and reviewed it. The Court reached the same result, but did not base its decision on the "clean up doctrine." Whether the "clean-up doctrine" survives Amendment 80 remained undecided. The Court of Appeals decision that applied the "clean-up doctrine" in this case was vacated.
the jury by special interrogatories without affording him the opportunity to argue the effect of answers to those interrogatories as provided by Ark.Code Ann. § 16-64-122(d)(Supp.2003). The Arkansas Court of Appeals reversed the verdict, and Entergy filed a petition for review, which the Supreme Court granted because it presented an important issue of law. The Arkansas Suprme Court agreed with us and the Court of Appeals that the procedure used by the circuit court violated section 16-64-122(d). Again, the same result was reached for the same reason.
The significance of "reported" cases has changed in recent years. At one time, most Arkansas Supreme Court cases were published. The Arkansas Court of Appeals designated significant cases for publication, but did not publish cases that the Court felt did not clarify or explain the law. Likewise, the Federal Courts designated some cases for publication, but that designation was reserved to cases that were felt to be significant in the development of the law. Parties were not permitted to cite unpublished cases as authority for legal propositions, with minor exceptions.
As computer assisted research became available, lawyers were finding cases online that they could not use because they were designated as "unpublished." This created some dissatisfaction by lawyers and judges. The appellate courts eventually abandoned the practice of designating cases as unpublished.
(c) Precedential Value. Every Supreme Court and Court of Appeals opinion issued after July 1, 2009, is precedent and may be relied upon and cited by any party in any proceeding. Opinions of the Supreme Court and Court of Appeals issued before July 1, 2009, and not designated for publication shall not be cited, quoted, or referred to by any court or in any argument, brief, or other materials presented to any court (except in continuing or related litigation upon an issue such as res judicata, collateral estoppel, or law of the case).
Ark. Sup. Ct. R. 5-2.
All Arkansas cases are now "published," under the rules. They are available on the Court's website as soon as they are released.
West's Publishing Company, a private company, was once the only reliable source for caselaw throughout the nation. Many states, including Arkansas, published their own cases in official reporters. Other states abandoned official reporters in favor of allowing West's to serve the purpose of publishing caselaw. West's had a valuable monopoly. That monopoly disappeared with electronic publication and waned further with the Internet. Caselaw is now available for free on numerous sources. See e.g. scholar.google.com. It is also available to lawyers on relatively inexpensive sources such as Fastcase or Casemaker. Those services are often offered to members of the bar as benefits of membership.
The West's headnotes used to be the only way to find relevant cases. Word searches have replaced headnotes. West's still has the exclusive right to its headnotes, and many lawyers still feel that the headnotes are the best and fastest way to find relevant cases. Those sources are available on Westlaw, West's electronic research service. West's has also remained valuable to lawyers by publishing numerous treatises, guides to the law, legal encyclopedias, formbooks, and other materials written by specialists.
NOTICE: THIS DECISION WILL NOT APPEAR IN THE SOUTHWESTERN REPORTER. SEE REVISED SUPREME COURT RULE 5-2 FOR THE PRECEDENTIAL VALUE OF OPINIONS.
The notice is somewhat misleading, of course, as it hints that the precedential value of cases it chooses not to publish is somewhat less than that of the cases they choose.
Roc-Arc Water Co. v. Moore, 10 Ark.App. 349, 664 S.W.2d 500 (1984) your paragraph here.
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