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HomeNewsLack of volunteer firefighters could raise insurance rates
Lack of volunteer firefighters could raise insurance rates
June 17, 2019 Anna Thibodeaux News 1
Water shooting on a house fire with Hahnville and Paradis volunteer fire departments responding.
Move combats shortages at parish departments
When a recent emergency call drew one truck and three Luling firefighters, it became clear the concern over finding volunteers and keeping them was readily becoming an increasing problem.
"We're definitely having a difficult problem with that," said Luling Fire Chief Craig Petit. "The problem is with all the school activities and recreational activities, and both parents having to work, they don't want to volunteer. It's all over the country."
A manpower shortage doesn't only translate into worries about an adequate response to fires, but also influences the cost of homeowner's insurance that is decided by ratings set by the Property Insurance Association of Louisiana (PIAL). The nonprofit association, composed of insurance companies licensed to write fire coverage in Louisiana, issues a class rating (1 best to 10 lowest) based on fire alarm and communication systems, fire department review and water supply.
Petit said manpower and how department's respond to alarms substantially influences a community's rating.
Luling has maintained its Class 3 rating for the last three years, but he's concerned the need for more manpower and lessoning response to alarms could hurt it. Also, the area's PIAL rating reassessment comes up in 2020.
To counter volunteer shortages and ensure reliable response, volunteer fire departments are shifting emphasis to hiring paid firefighters. But Petit said there isn't enough funding to adequately staff them, so they still need volunteers and they're getting harder to find and retain.
Parish voters supported a 1.58-mill property tax renewal for another 10 years, but the chief said the $2 million a year it raises is shared by nine fire departments to buy fire trucks and equipment, and covers the cost of water for firefighting – not personnel.
"From Friday through Monday, we're run on volunteers," Petit said. "The department only has funds for the employees on weekdays so on nights and weekends we rely on volunteers. We were having fire calls where three firemen showed up and it's not enough."
The parish's volunteer fire departments can and often do assist each other in fires, but volunteer response is becoming more uncertain, Petit said.
"This hurts us big time with PIAL … homeowners insurance," he said.
In response, the parish's volunteer fire departments have been hiring firefighters part-time and fulltime, Petit said. The Paradis VFD just announced its first hire. Other departments in the parish also average one to two of them fulltime, as well as part-time, but not all can afford the move. At two departments, Des Allemands and Bayou Gauche, there are no paid firefighters, and they remain reliant solely on volunteers.
Of Luling VFD's 50 volunteers, half respond to fires and the other half serve in support.
Additionally, Petit said requirements for volunteers are increasing, requiring even more dedication. Many of them can't keep pace with the demands.
Firefighters extinguishing fire that destroyed the old Domino's Pizza in Boutte.
At Hahnville VFD, Chief Matt Allshouse said his department is struggling to get and keep volunteers, a growing problem with multiple factors.
"I just think its people's lifestyles changing," Allshouse said. "There's more people with both husband and spouse working. People just don't have that much time."
In addition to people working longer hours and having less time to volunteer, he added the younger generation doesn't seem interested in it or are equally busy.
Allshouse said he's fortunate his remote job allows him to also serve as fire chief, and he feels comfortable with his day-to-day personnel. But he, like Petit, remains concerned about nights and weekends.
"There is no guarantee that they're going to show or be able to show up, especially on minor calls such as getting someone out of bed at 2 a.m. on a gas leak," he said.
But he, like Petit, also said volunteer firefighting requirements are getting tougher and harder to meet.
Asked if he was concerned about volunteer numbers, Allshouse responded, "Oh, yes. We may have two come and then two leave for whatever reason like relocations or changing jobs."
Hahnville VFD also has agreements with neighboring departments for help, but he added, "there's no guarantee" if they'll show up in numbers needed.
"Every department is having issues," Allshouse said. "It's important to have people dedicated fulltime to firefighting."
While Allshouse said the PIAl rating was important, he considered it a concern secondary to dealing with the call. The parish's rates are average at Class 3, but he's also concerned about what's coming with new PIAL ratings next year.
A fulltime firefighter ensures trucks and equipment are dispatched while the volunteers are heading to the scene, a vital doubling of effort for a faster response, he said.
Allshouse added, "Ideally, it would be best to have staff 24 – 7."
Volunteer Firefighters Association Fire facts
Every 19 seconds, a fire department somewhere in the U.S. responds to a fire.
Fire is the largest single cause of property loss in the nation.
In the last decade, fires have caused direct losses of more than $120 billion and countless billions more in related costs.
Every year, more than 3,000 Americans die in building fires, while more than 20,000 people are injured.
Each year, fire kills more Americans than all natural disasters combined.
St. Charles Parish Louisiana
GiveNOLA Day yields positives for local non-profits
A proud nerd organizes a S.T.E.M. summer camp
Book Review: The Picture of Dorian Gray
June 18, 2019 heraldguide Book Review, School 0
Reviewed by Peyton Tastet Have you ever made a deal with the devil? Dorian Gray, lead character of the novel The Picture of Dorian Gray, by Oscar Wilde, has. To achieve immortality and everlasting beauty, […]
Book Review: Bird Box
Reviewed by Hunter Tracy Bird Box, written by Josh Malerman, is a fictional, science fiction novel that takes place in modern-day Detroit, Michigan. It tells the story of an unordinary post-apocalyptic world inhabited by demons […]
Book Review: The Prince
Reviewed by Collin Barrios The Prince by Niccolo Machiavelli is a nonfiction political philosophy book that comments on the political structure of sixteenth-century Europe. Machiavelli wrote this book as an attempt to prove to Lorenzo […]
About Anna Thibodeaux	1926 Articles
Al C. says:
St. Charles Parish desperately needs a professional fire dept. The growth in development and population in recent years makes this a matter of urgent public safety. This is no longer a small community and parish govt. needs to keep up with the changes.


Chair Styles, Arm vs. No Arms. So which side are you on? Of course, liking them equally is a viable option too. Because either chair has its own irresistible style!
Chair Styles, the big debate, arm vs. no arms!
First, a pair of wood frame chairs with upholstered cushions is a classic option. Not only are these chairs stylish, they also save big on space. Why? Typically wood arms keep the overall size down as compared to upholstered chairs.
Comparatively, fully upholstered chairs are available in many scaled-down versions too. For instance, the one below has narrow arms with a beautiful nailhead trim option.
In contrast a couple of armless styles. Including the Mid-Century Modern leather sling chair below.
Then there is the upholstered "slipper chair" which indicates the chair is armless. Different from the Mid-Century Modern Chair above it would be considered a more transitional yet classic design style.


MONROE — The marriage of Marisa Christine Gustafson, the daughter of Robert and Patricia Gustafson of Monroe, to John Ix-D'Amato, the son of the late Jacqueline Ix of Montgomery and Gary D'Amato of Middletown, took place on April 20, 2018, at The Fountainhead in New Rochelle.
The bride is a graduate of Monroe-Woodbury High School and went on to receive her Masters in Psychology with a concentration in Child Development.
The groom is a graduate of Valley Central.
The couple honeymooned in Hawaii and now reside in Crawford.


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Dr. Bill Gai is an oncologist with Carroll Hospital's William E. Kahlert Regional Cancer Center.
A new oncologist began seeing patients at Carroll Hospital's William E. Kahlert Regional Cancer Center over the summer. Dr. Bill Gai has a medical degree from Shandong Medical University, in Shandong, China, and a doctorate degree in molecular and cell biology from Ohio University in Athens, Ohio. As both scientist and doctor, he has an interest in treating lymphoma, breast and lung cancers, as well as leukemia.
The Times recently caught up with Dr. Gai to learn more about what brought him to Carroll Hospital and his optimism about the future of cancer treatment.
Q: You came to the William E. Kahlert Regional Cancer Center at Carroll Hospital in June. Tell us about your practice there and why you chose this community hospital.
A: I have always been interested in face-to-face patient care and providing my clinical caring for patients in the community. I am privileged and blessed to have an opportunity to work with a very fine group of oncologists and staff in the William E. Kahlert Regional Cancer Center at Carroll Hospital, where the sole purpose is to serve the community's needs. It provides state-of-the-art oncological and hematological care to patients from diagnosis, plan of care and treatment, as well as survivorship follow up. In addition, my family lives in this area, thus providing me a balance of family and work.
The Tuesday October 10, 2017 edition of the Carroll County Times is our annual focus on cancer with stories of survivors and efforts to fight the illness.
Q: You have an interest in treating breast cancer, lung cancer, and lymphoma as well as blood cancers such as leukemia. What drew you to focus on these cancers and what makes them different from other areas in oncology?
A: Prior to my career of clinical practice, I had many years of laboratory scientific research in cancer biology and genetic regulation. These research experiences confer me a better understanding of how cancer cells interact with host normal cells and with its peers. Breast cancer, lung cancer and leukemia tumor biology were some of my research subjects in the past.
Naturally, I developed strong interests in these cancers' diagnosis and treatment. With a strong science background, I continue to follow the scientific developments in treating these cancers and others closely, and apply to daily management of my patients as appropriate.
Q: You're not only a medical doctor, you also earned a Ph.D. in molecular and cell biology from Ohio University. There are certainly great clinicians who have not pursued a research degree, and great biologist who do not have a medical degree — what motivated you to pursue both degrees? How do they complement each other and inform your practice of medicine today?
A: Once I graduated from medical school, I decided to pursue medical research initially to better understand medical science in depth. The rigorous training in a Ph.D. program afforded me scientifically critical thinking skills, which helps me in my current daily decisions in formulating cancer diagnosis and treatment planning.
One of the unique parts of medical oncology and hematology is that its diagnosis/treatment has been rapidly evolving, and in some areas, revolutionized in the past decade. The driving force behind all of these is advancement of basic medical science research, such as the advent of immunotherapy in treatment of melanoma and lung cancer and many other cancers. A good understanding of basic science behind cancer is very important for every oncologist. I am thankful for this training.
Q: The Carroll County Times has for many years published what we originally called the "Pink Paper" in October, raising awareness of issues surrounding breast cancer. More recently, we have expanded this special issue to focus on cancer more generally. Many of the cancer-themed fundraising events, such as Making Strides Against Breast Cancer, also aim to raise awareness. As an oncologist, what does it mean to you to raise awareness of cancer? What are the specific things that the general public should know or think about when it comes to cancer and cancer treatment?
A: Cancer has become one of the major public health hazards in our country and around the world. In my view, cancer awareness, in general terms, has two aspects.
Firstly, it is cancer prevention. There is no better way to prevent cancer from happening in the first place.
Secondly, it is to make the public aware of early detection of cancers. We are more likely to cure early stage cancers than a late one. By raising awareness of cancer, I hope that our community understands the pivotal importance of prevention and early detection of cancers such as breast, colon, and cervical cancers et al. Through relatively simple early screenings, we are able to detect, treat and cure a substantial portion of these cancers at an early stage.
In addition, there are many controllable factors that may make one more prone to having cancer. These include smoking (lung cancer), lack of vaccination such as human papilloma virus (HPV) (cervical cancer), early usage of tanning bed/UV exposure (skin cancer), personal dietary habit/weight control (colon and breast cancer et al), among some other factors.
As for the treatment, I would like to remind our patients that appropriate attention to some common things can help navigate through and alleviate treatment side effects as well.
Q: President Richard Nixon declared a war on cancer in 1971. Cancer has proved a tenacious foe, but there have certainly been victories over the years. How would you describe the status of the war on cancer today? How hopeful are you that we will continue to make headway in detecting and treating cancers? What gets you excited when you think about your practice five years from now?
A: Since President Nixon declared a war on cancer in 1971, we have achieved better treatment and cure rates in some cancers largely due to screening and early detection. To some extent this is attributed to worldwide translational research that converts basic scientific understanding of cancer formation to better clinical treatment. Some of the triumphs include breast cancer, melanoma and colon cancer et al.
Yet many other cancers have increased in their incidence and mortality. In 2016 there were approximately 1,685,210 new cancer cases and 595,690 deaths due to cancers. This is an increase over previous years; therefore cancers remain the greatest challenge of mankind, and tremendous work lies ahead of us.
This is an exciting era to be an oncologist. In September 2016, former U.S. Vice President Joseph Biden announced "Cancer Moonshot" initiatives to help cancer patients navigate the clinical trial and speed new treatment to market. MD Anderson Cancer Center had announced "Cancer Moonshot Programs" as an effort to integrate artificial intelligence into cancer diagnosis and treatment planning.
All these concerted efforts will have a huge impact to our current understanding and treatment of cancers in the near future. Looking forward to five years from now, I am confident that we will be better equipped with understanding of cancer formation, finer diagnostic modalities, more effective, less toxic and less costly treatment for cancers — one more step to cure cancers for once and all.


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Archive for the 'Manifest Disregard of the Agreement' Category
Manifest Disregard of the Law | Manifest Disregard of the Agreement | Second Circuit Remands Award to Arbitrator for Do-Over
October 25th, 2019 Authority of Arbitrators, Award Vacated, Awards, Challenging Arbitration Awards, Contract Interpretation, Enforcing Arbitration Agreements, Exceeding Powers, FAA Chapter 1, Federal Arbitration Act Enforcement Litigation Procedure, Federal Arbitration Act Section 10, Grounds for Vacatur, Manifest Disregard of the Agreement, Manifest Disregard of the Law, Uncategorized, United States Court of Appeals for the Second Circuit, Vacate Award | 10(a)(4), Vacate Award | Manifest Disregard of the Law, Vacatur No Comments »
Arbitrators are human and occasionally they make awards that cannot be squared with logic and law, and courts may, in appropriate circumstances, vacate those awards as being in manifest the agreement, or in some circuits, in manifest disregard of the law. The U.S. Court of Appeals for the Second Circuit considered such an award in Weiss v. Sallie Mae, Inc., ___ F.3d ___, No. 18-2362, slip op. (Sept. 12, 2019), and solved the problem in a way that imposed minimal costs and delay on the parties and, at the same time, gave effect to the parties' reasonable contractual expectations, including that the arbitrator would make an award with a colorable basis in the law or the parties' agreement, not one in manifest disregard of the law or the agreement. It is therefore a good example of a case that promotes arbitration as an alternative to litigation.
W is a student-loan borrower who in 2011 defaulted on a loan issued by S (N is the successor of S, but we shall refer to both as "S"). W gave S her phone number ("Phone Number 1") when she obtained the loan and consented to S contacting her via an automatic telephone dialing system ("ATDS"). S made ATDS calls to her using Phone Number 1 prior to her default on the loan in 2011.
Also prior to her 2011 default W obtained a second telephone number ("Phone Number 2") but did not give S consent to contact her on that number via an ATDS.
After W's 2011 default, S contacted W seven or eight times a day at Phone Number 2 via an ATDS, attempting to collect the debt. S made 774 ATDS calls to Phone Number 2 during the period September 16, 2011 through July 1, 2013.
A dispute arose between W and S about whether S's ATDS calls had violated the Telephone Consumer Protection Act ("TCPA") and W commenced an action in the U.S. District Court for the Western District of New York. The action was stayed after the parties stipulated to arbitration pursuant to an arbitration agreement in a student-loan promissory note.
The Award: Was it in Manifest Disregard of the Law or the Agreement?
Following a hearing an arbitrator made an award granting W $108,000 in statutory damages under the TCPA. But the award held that W was a class member in a class action that S had settled. The class-action settlement (the "Arthur Settlement") "included as a class member, 'any person who received ATDS calls from [S] between October 27, 2005 and September 14, 2010.'" Slip op. at 5 (citation omitted).
W did not contend that the calls S made to Phone Number 1 violated the TCPA (W had consented to those calls), and W contended that, accordingly, she was not bound by the settlement, even though she had received ATDS on Phone Number 1 during the specified period. The arbitrator, however, found that argument "'unpersuasive,'" and "ruled that Weiss was a class member and that 'the proof was conclusive that [S] provided [W] with the required notice of the settlement and of her rights and obligations under the terms of the settlement.'" Slip op. at 5-6 (citation omitted).
The Arthur Settlement "notice offered class members the opportunity to file a 'consent Revocation' document by September 15, 2012; absent such a filing, 'the ATDS calls would not stop and the borrower's prior consent to give them [sic] would be deemed to have been given.'" Slip op. at 6 (citation omitted; bracketed text in original).
While W contended that she was not aware of the Arthur Settlement, S testified that notice was successfully emailed to W.
The agreement implementing the Arthur Settlement featured a general release, "under which class members were 'deemed to have fully released and forever discharged [S]'. . . from any and all claims and causes of action, inter alia, 'that arise out of or are related in any way to the use of an [ATDS]. . . used by any of the Released Parties in connection with efforts to contact or attempt to contact Settlement Class Members including, but not limited to, claims under or for violations of the [TCPA].'" Slip op. at 6 (citations omitted; some bracketed text in original).
Even though the general release, to which the arbitrator determined W was bound, deemed W to have "waived 'any and all' TCPA claims effective the date of final judgment in the Arthur Settlement action[,]" the arbitrator's award did not acknowledge the existence of that release. Slip op. at 6-7. "Instead," said the Court, "the arbitrator interpreted [W]'s failure to submit a consent revocation pursuant to the Arthur class notice as precluding recovery for any calls placed to [Phone Number 2] after the September 15, 2012 deadline but also as permitting recovery for ATDS calls placed to [Phone Number 2] between September 6, 2011, and September 16, 2012." Slip op. at 7.
The arbitrator awarded TCPA statutory damages in the amount of $108,500 ($500 per call for 217 calls during the applicable period). W moved to confirm the award and S cross-moved to vacate it.
The district court vacated the award, finding that "by neglecting to 'apply—or even address—an explicit, unambiguous term of the settlement agreement,' which "clearly and unambiguously bars recovery for claims until and including the date of the agreement,' the arbitrator manifestly disregarded the law." Slip op. at 7. W appealed.
New Clear and Unmistakable Outcome Exception to the Old Clear and Unmistakable Rule? (Part II)
August 15th, 2019 Arbitrability, Arbitrability | Clear and Unmistakable Rule, Arbitration as a Matter of Consent, Arbitration Practice and Procedure, Authority of Arbitrators, Class Action Arbitration, Class Action Waivers, Class Arbitration Waivers, Clause Construction Award, Clear and Unmistakable Rule, FAA Chapter 1, Federal Arbitration Act Enforcement Litigation Procedure, Federal Arbitration Act Section 2, FINRA Arbitration, First Options Reverse Presumption of Arbitrability, Manifest Disregard of the Agreement, Manifest Disregard of the Law, United States Court of Appeals for the Fifth Circuit, United States Court of Appeals for the Second Circuit, United States Supreme Court 1 Comment »
Part I of this post discussed how the Second and Fifth Circuits, in Metropolitan Life Ins. Co. v. Bucsek, ___ F.3d ___, No. 17-881, slip op. (2d Cir. Mar. 22, 2019), and 20/20 Comms. Inc. v. Lennox Crawford, ___ F.3d ___, No. 18-10260 (5th Cir. July 22, 2019), suggest a trend toward what might (tongue-in-cheek) be called a "Clear and Unmistakable Outcome Exception" to the First Options Reverse Presumption of Arbitrability (a/k/a the "Clear and Unmistakable Rule").
Under this Clear and Unmistakable Outcome Exception to the Clear and Unmistakable Rule, courts consider the merits of an underlying arbitrability issue as part of their analysis of whether the parties clearly and unmistakably agreed to arbitrate arbitrability issues.
But the Clear and Unmistakable Outcome Exception runs directly counter to the U.S. Supreme Court's decision in Schein v. Archer & White Sales, Inc., 586 U.S. ___, 139 S. Ct. 524 (January 8, 2019), and thus contravenes the Federal Arbitration Act as interpreted by Schein. 139 S. Ct. at 527-28, 529-31.
This Part II analyzes and discusses how Met Life and 20/20 Comm. effectively made an end run around Schein and considers what might have motivated those Courts to rule as they did.
Making an End Run Around Schein?
When, prior to 20/20 Comm. we wrote about Met Life, we said it "an important decision because it means in future cases where parties have not expressly agreed to arbitrate arbitrability questions, but have agreed to a very broad arbitration agreement, the question whether the parties' have nevertheless clearly and unmistakably agreed to arbitrate arbitrability questions may turn, at least in part, on an analysis of the merits of the arbitrability question presented." (See here. )
But after the Fifth Circuit decided 20/20 Comm. this July, in comments we made to Russ Bleemer, Editor of Alternatives, the Newsletter of the International Institute for Conflict Prevention & Resolution ("CPR")—which were reproduced with our consent in Mr. Zhan Tze's CPR Speaks blog article about 20/20 Comm. (here)—we expressed the belief that the Fifth Circuit was (whether intentionally or unintentionally) making an end run around Schein, effectively creating an exception to the Clear and Unmistakable Rule.
After analyzing 20/20 Comm. and comparing it to the Second Circuit's Met Life decision, we concluded that the Second Circuit's decision also ran counter to Schein.
Schein's Abrogation of the "Wholly Groundless Exception" to the Clear and Unmistakable Rule
In Schein the U.S. Supreme Court abrogated the so-called "wholly groundless exception" to the Clear and Unmistakable Rule. Prior to Schein certain courts, including the Fifth Circuit, held that even when parties clearly and unmistakably agreed to arbitrate arbitrability questions, courts could effectively circumvent the parties' agreement and decide for itself arbitrability challenges that it determined were "wholly groundless."
The rationale Schein used to jettison the "wholly groundless exception" to the Clear and Unmistakable Rule is incompatible with the rationales the Second and Fifth Circuit used to support their decisions in Met Life and 20/20 Comm.
Under FAA Section 2, the Schein Court explained, "arbitration is a matter of contract, and courts must enforce arbitration contracts according to their terms." Schein, 139 S. Ct. at 529 (citation omitted). When those contracts delegate arbitrability questions to an arbitrator, "a court may not override the contract[,]" and has "no power to decide the arbitrability issue." 139 S. Ct. at 529. That is so even where a Court "thinks that the argument that the arbitration agreement applies to a particular dispute is wholly groundless." 139 S. Ct. at 529.
Schein explained that its conclusion was supported not only by the FAA's text, but also by U.S. Supreme Court precedent. Citing and quoting cases decided under Section 301 of the Labor Management and Relations Act, the Court explained that courts may not "'rule on the potential merits of the underlying' claim that is assigned by contract to an arbitrator, 'even if it appears to the court to be frivolous[,]'" and that "[a] court has "'no business weighing the merits of the grievance'" because the "'agreement is to submit all grievances to arbitration, not merely those which the court will deem meritorious.'" 139 S. Ct. at 529 (quoting AT&T Technologies, Inc. v. Communications Workers, 475 U.S. 643, 649–650 (1986) and Steelworkers v. American Mfg. Co., 363 U.S. 564, 568 (1960)).
This "principle," said the Schein Court, "applies with equal force to the threshold issue of arbitrability[]"—for "[j]ust as a court may not decide a merits question that the parties have delegated to an arbitrator, a court may not decide an arbitrability question that the parties have delegated to an arbitrator." 139 S. Ct. at 530.
Exception to Clear and Unmistakable Rule? Why the Second and Fifth Circuit Decisions Conflict with Schein
Can Arbitrators Exceed their Powers by Making an Award in Manifest Disregard of the Parties' Agreement?
April 17th, 2019 Arbitration Agreements, Arbitration as a Matter of Consent, Arbitration Practice and Procedure, Authority of Arbitrators, Awards, Challenging Arbitration Awards, Confirmation of Awards, Contract Interpretation, Contract Interpretation Rules, Exceeding Powers, Grounds for Vacatur, Manifest Disregard of the Agreement, Nuts & Bolts, Nuts & Bolts: Arbitration, Outcome Risk, Practice and Procedure, United States Court of Appeals for the Eighth Circuit, United States Supreme Court, Vacatur Comments Off on Can Arbitrators Exceed their Powers by Making an Award in Manifest Disregard of the Parties' Agreement?
Suppose arbitrators decide an issue within the scope of their authority but do so in manifest disregard the parties' contract. Do they exceed their authority by making an award that has not even a barely colorable basis in the parties' contract or in applicable law?
The answer to that question, is, of course, "yes," and over the years we've discussed in a number of posts how arbitrators can exceed their powers under Federal Arbitration Act Section 10(a)(4) or Section 301 of the Labor Management Relations Act by making awards in manifest disregard of the parties' agreement. (See Loree Reinsurance and Arbitration Law Forum Posts here, here, here, here, here, here, here, here, and here.) As discussed in those posts, the U.S. Supreme Court has on multiple occasions ruled that commercial and labor arbitrators can exceed their powers by making an award that manifestly disregards—or does not "draw its essence" from—the parties' agreement. See Stolt-Nielsen S.A. v. AnimalFeeds Int'l Inc., 130 S.Ct. 1758, 1768-70 (2010); Oxford Health Plans LLC v. Sutter, 133 S.Ct. 2064, 2067, 2068 (2013); Eastern Associated Coal Corp. v. Mine Workers, 531 U.S. 57, 62 (2000); Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 599 (1960); Paperworkers v. Misco, Inc., 484 U.S. 29, 38 (1987).
In our April 12, 2019 post (here) we reviewed how it is that the limited review powers courts have to vacate commercial and labor arbitration awards are designed to provide a limited, but very important, safety net to protect parties against egregious, material violations of arbitration agreements. Without that limited protection, the risks associated with agreeing to arbitrate would be intolerably high and parties would be much less apt to opt for arbitration over court litigation.
Courts vacate arbitration awards where arbitrators act outside the scope of their authority by ruling on issues that the parties did not agree to submit to them. That's what happened in Brock Indus. Servs., LLC v. Laborers' Int'l Union., __ F.3d ___, No. 17-2597, slip op. (7th Cir. April 8, 2019), which we discussed in our April 12, 2019 post here.
But to obtain vacatur of an award based on manifest disregard of the agreement, however, an award challenger must satisfy an exceedingly demanding standard. We've addressed the parameters of that standard in a number of other posts. (See, e.g., here, here, here, here, here, here, here, here, and here. Our blog has also tried to give a feel for how Courts apply (or are supposed to apply) the standard by comparing the U.S. Supreme Court decision in Stolt-Nielsen, which held that an award should be vacated for manifest disregard of the agreement, to the Supreme Court decision in Oxford, which held that an award should not be vacated under that manifest disregard standard. (See Loree Reinsurance and Arbitration Law Forum posts here, here, and here.) And from time-to-time we've reported on other cases that have applied the standard.
While challenges to awards based on manifest disregard of the agreement are not uncommon, a very large majority of those challenges are either virtually certain to fail or at least highly unlikely to succeed. It is a relatively small universe of remaining, close cases that pose the biggest challenges for parties and courts.
Today we'll look at one of those close cases, which was decided by the Eighth Circuit Court of Appeals and explain why the case failed to satisfy the demanding standard, even though, at least at first glance, it may be difficult to square the arbitration award with the parties' agreement.
Eighth Circuit: Arbitrator did not Disregard Parties' Missouri Choice-of-Law Provision
August 19th, 2018 Arbitration Practice and Procedure, Authority of Arbitrators, Awards, Choice-of-Law Provisions, Exceeding Powers, Judicial Review of Arbitration Awards, Manifest Disregard of the Agreement, Manifest Disregard of the Law, United States Court of Appeals for the Eighth Circuit Comments Off on Eighth Circuit: Arbitrator did not Disregard Parties' Missouri Choice-of-Law Provision
Choice-of-Law Provision 1
A choice-of-law provision is as much a part of a parties' contract as any other, and an arbitrator might manifiestly disregard the parties' contractual choice-of-law, which might provide grounds for vacating the award under Section 10(a)(4) of the Federal Arbitration Act ("FAA"). But, as well-illustrated by the U.S. Court of Appeals for the Eigth Circuit's decision in Beumer Corp. v. ProEnergy Servs., LLC, ___ F.3d ____, slip op. (8th Cir. August 8, 2018), the circumstances that might justify such a decision would be very unusual, to say the least.
Beumer Corp. v. ProEnergy Servs., LLC
Owner and Contractor had a construction contract that contained an arbitration agreement, limitation-of-liability, provision, and a Missouri choice-of-law clause. The Owner complained that the Contractor's work was deficient and, accordingly, no payment was due. The Contractor commenced arbitration for the amount due under the contract and the Owner counterclaimed for damages.
The parties disputed the scope and enforceability of their contract's limitation of liability provision, which stated:
Notwithstanding any of the foregoing or any other term in this Contract, the total liability of Contractor for any loss, indemnity, damage or delay of any kind will not under any circumstances exceed 100% of the Contract Sum.
The contract contained a broad Missouri choice-of-law clause, and provided that a prevailing party could collect its attorney's fees.
The Arbitrator ruled that the clause was enforceable, that the Contract Sum (i.e., the liability cap) was $699,702.39., and that the terms "loss, indemnity, damage or delay of any kind" did not include the prevailing party's contractual right to attorney fees. The Arbitrator thus awarded Beumer: (a) $699,702.39 in damages; (b) $191,680.14 in pre-judgment interest; (c) post-judgment interest at 9%; and (d) $916,027.90 in attorney's fees and expenses.
On its motion to vacate the Award the Contractor did not dispute that the Arbitrator "arguably construed" the limitation of liability clause, but contended that the Arbitrator exceeded its powers by "disregarding" the Missouri choice-of-law clause, because: (a) the Arbitrator relied on caselaw from four jurisdictions outside of Missouri to support his construction of the limitation of liability provision as exclusive of costs and attorney fees, and did not cite any Missouri decisions on this construction question; and (b) the Contractor claimed that the Missouri cases required a cost-inclusive interpretation of the clause, not a cost-plus one.
The Arbitrator did not Disregard the Choice-of-Law Provision
Did the Arbitrator exceed his powers by ruling that the limitation of liability clause did not limit liability for contractual attorney fees? The Eighth Circuit, in a well-reasoned decision, said the answer was "no." Continue Reading »
The Fourth Circuit: What Constitutes a Final Award and Who Makes the Call?
August 3rd, 2018 Appellate Practice, Arbitrability, Arbitration Practice and Procedure, Authority of Arbitrators, Awards, Confirmation of Awards, Exceeding Powers, Federal Arbitration Act Enforcement Litigation Procedure, Grounds for Vacatur, Judicial Review of Arbitration Awards, Manifest Disregard of the Agreement, Manifest Disregard of the Law, United States Court of Appeals for the Fourth Circuit 1 Comment »
Final Award 2
What constitutes a "final arbitration award" for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under Sections 9, 10, or 11 of the Federal Arbitration Act (the "FAA"). We addressed the basics concerning final awards in a 2009 post, here.
In Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit was faced with the question whether an award (the "Appraisal Award"), convened under an agreement's appraisal clause, and issued by three appraisers, was a final arbitration award under the FAA. The unusual procedural posture of the case raised an additional, related question: whether under the FAA an arbitration panel, convened under the arbitration provision of the parties' agreement, had the authority to declare the Appraisal Award to be a final award. That question matters, for if an arbitration panel has that power, then its decision concerning finality is subject only to the very highly deferential review permitted by Section 10 of the FAA. See First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-43 (1995); Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064, 2068-69 (2013).
Concededly with the benefit of 20/20 hindsight, we wonder whether a different litigation and appellate strategy might have yielded a different outcome. The Court held that the Appraisal Award was not final, and remanded the matter back to the appraisers. But the Court did not, for the reasons set forth below, definitively answer the "who" question. The Court's decision that the Appraisal Award was not final was unquestionably correct if one considers from a purely objective standpoint, without deference to the Arbitration Award, which declared that the Award was final. But the correct outcome would be considerably less certain had the Railroad sought confirmation of the Arbitration Award and urged the Court to accord deference to the arbitrators who made it.
Background: Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018)
The dispute between Northfolk Southern Railway Co. (the "Railroad" or the "Appraisal Award Defending Party") and Sprint Communications Co., L.P. (the "Carrier" or the "Appraisal Award Challenging Party") arose out of a 25-year-term 1987 licensing agreement (the "Agreement") under which the Carrier's predecessor licensed from the Railroad's predecessor the right to use for fiber-optics-cable purposes certain parts of the Railroad's rights of way. The Carrier renewed that Agreement for an additional 25-year term (the "renewed Agreement term"), and a dispute arose about the renewal price. Continue Reading »
Appellate Division, First Department Vacates Arbitration Award Because it Rewrote the Parties' Collective Bargaining Agreement
July 13th, 2018 Appellate Practice, Arbitration Agreements, Arbitration as a Matter of Consent, Arbitration Practice and Procedure, Authority of Arbitrators, Awards, Labor Arbitration, Manifest Disregard of the Agreement, New York Arbitration Law (CPLR Article 75), New York State Courts Comments Off on Appellate Division, First Department Vacates Arbitration Award Because it Rewrote the Parties' Collective Bargaining Agreement
New York's arbitration law (Article 75 of the CPLR), like the Federal Arbitration Act (the "FAA"), strictly limits award challenges premised on an arbitrator's disregard of the parties' contract. Arbitrator interpretations of the parties' agreement cannot be second-guessed, even if the arbitrator has "disregarded" "the apparent, or even the plain, meaning of the words of the contract…." Maross Constr. v Central N. Y. Regional Transp. Auth., 66 N.Y 2d 341, 346 (1985) (quotations and citations omitted). To succeed, an award challenger must show that the award "is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power." Kowaleski v. New York State Dep't Correctional Serv., 16 N.Y. 3d 85, 91 (2010).
In City of New York v. District Council 37, ___ A.D. 3d ___, 2018 NY Slip Op 3220 (1st Dep't May 3, 2018), the New York's Supreme Court, Appellate Division, First Department set aside an award because it exceeded "a specifically enumerated limitation" on arbitral power: The parties' agreement prohibited the arbitrator from adding to or modifying the agreement.
"The arbitrator's decision," said the Court, "rewrote the contract for the parties by expanding the number of workers entitled to the [collective bargaining agreement's] assignment differential, when the contract expressly limited the differential to workers at a specific facility." 2018 N.Y. Slip Op. 3220 at *1.
Acknowledging that "[a] provision in a contract that the arbitrator may not alter or modify a contract does not limit the arbitrator's power to resolve the dispute by interpreting the contract based on his or her findings as to the parties' intent[,]" the Court explained that "an award should be vacated where it is not derived from the contract, but from the deliberate and intentional consideration of matters outside the contract." 2018 N.Y. Slip Op. 3220 at *1.
To learn more about vacating awards based on an arbitrator's manifest disregard of the contract click here, here, here, here, here, and here.
Photo Acknowledgement:
The photo featured in this post was licensed from Yay Images and is subject to copyright protection under applicable law.
First Circuit Court of Appeals Decides Close Case in Favor of Confirming FINRA Arbitration Panel Award: Raymond James Financial Services, Inc. v. Fenyk
May 1st, 2015 Arbitration Practice and Procedure, Authority of Arbitrators, Awards, Choice-of-Law Provisions, Confirmation of Awards, Federal Courts, Grounds for Vacatur, Judicial Review of Arbitration Awards, Manifest Disregard of the Agreement, Manifest Disregard of the Law, Securities Arbitration, Statute of Limitations, United States Court of Appeals for the First Circuit Comments Off on First Circuit Court of Appeals Decides Close Case in Favor of Confirming FINRA Arbitration Panel Award: Raymond James Financial Services, Inc. v. Fenyk
Probably most of the Federal Arbitration Act Section 10(a)(4) outcome-review challenges that parties file are disposed of pretty easily because the applicable highly-deferential standard of review forecloses relief as long as the arbitrators were at least arguably interpreting the parties' agreement, the applicable law or both. The most challenging cases are those falling either on or close to that imaginary, blurry line dividing arguable interpretation from clear disregard of the contract. Cf. Chicago Typographical Union v. Chicago Sun-Times, 935 F.2d 1501, 1506 (7th Cir. 1991) ("The zanier the award, the less plausible it becomes to ascribe it to a mere error in interpretation rather than to a willful disregard of the contract. This approach can make the line between error and usurpation waver.").
In Raymond James Financial Services, Inc. v. Corp. v. Fenyk, No. 14-1252, slip op. (3rd Cir. Mar. 11, 2015), the U.S. Court of Appeals for the First Circuit addressed one of those challenging cases. The panel in a FINRA arbitration (the "FINRA Arbitration Panel" or "Panel") awarded a discharged stock broker $600,000.00 in back pay for wrongful termination, but the district court vacated the arbitration award because it concluded that the FINRA Arbitration Panel did not have the authority to award back pay in the circumstances. On appeal the First Circuit reversed, explaining in clear and cogent terms why the case, while close, was not one warranting Section 10(a)(4) vacatur.
Mr. Fenyk served as a Raymond James Financial Services ("Raymond James" or "James") securities broker for seven years. His career there began in New York City, but he worked in Vermont beginning in 2004, managing a small branch office. He had an independent contractor agreement with Raymond James, entitled "Independent Sales Associate Agreement," which stipulated that Florida law would govern any disputes. He also executed a Business Ethics Policy, which required him to arbitrate disputes "arising out of the independent contractor relationship."
In May 2009 Raymond James, during a routine client-communication review, discovered an e-mail sent to Fenyk's former domestic partner, which suggested that Fenyk had an alcohol problem. The e-mail referred to "Fenyk's 'slip' and his 'need [for] meetings and real sobriety for a dialoug [sic] with you.'" The e-mail also explained that "Fenyk's 'new AA friend was very hard on [him] last night.'" Slip op. at 3.
Raymond James terminated its relationship with Fenyk after it learned about Fenyk's apparent alcohol problem. About two years later, Fenyk filed suit "in Vermont state court alleging that he had been fired on account of his sexual orientation and his status as a recovering a recovering alcoholic, in violation of Vermont's Fair Employment Practices Act ("VFEPA"), Vt. Stat. Ann. tit. 21, § 495." Slip op. at 4. Fenyk subsequently agreed to dismiss his complaint and commence a Financial Industry Regulatory Authority ("FINRA") arbitration, as required by his agreement with Raymond James. Continue Reading »
The First Department Affirm's Citigroup's Motion to Vacate an Award based on Manifest Disregard of the Law
April 22nd, 2015 Appellate Practice, Authority of Arbitrators, Awards, Confirmation of Awards, Contract Interpretation, Grounds for Vacatur, Judicial Review of Arbitration Awards, Manifest Disregard of the Agreement, Manifest Disregard of the Law, New York Court of Appeals, New York State Courts, Practice and Procedure, United States Court of Appeals for the Second Circuit Comments Off on The First Department Affirm's Citigroup's Motion to Vacate an Award based on Manifest Disregard of the Law
Earlier this month, New York's Appellate Division, First Department affirmed a New York County Supreme Court, Commercial Division judgment vacating an arbitration award for manifest disregard of the law under the Federal Arbitration Act. See Citigroup Global Markets, Inc. v. Fiorilla, No. 14-747, slip op. (1st Dep't April 9, 2015). The Court's characteristically brief opinion does not delve very deeply into the facts or explain the Court's reasoning in detail, but there's enough there to make the decision worth noting.
The Court affirmed the trial court's order vacating the award because the arbitrators apparently denied without explanation one of the parties' motions to enforce a settlement even though the moving party informed the arbitrators of controlling, New York case law requiring the enforcement of settlement agreements. "Although," said the Court, "arbitrators have no obligation to explain their awards, when a reviewing court is inclined to hold that an arbitration panel manifestly disregarded the law, the failure of the arbitrators to explain the award can be taken into account." Slip op. at 1 (citing and quoting Matter of Spear, Leeds & Kellogg v. Bullseye Sec., 291 A.D.2d 255, 256 (1st Dep't 2002) (quotations omitted)).
While the Court does not directly address the question, it appears that the case arose under the Federal Arbitration Act, because cases interpreting arbitration statute (CPLR Article 75) do not recognize "manifest disregard of the law" as a ground for vacating an award. Under Article 75, the only "outcome review" standards are those that permit vacatur of awards that are irrational, violate a strong public policy or exceed clearly an express limitation on the arbitrators' authority. See, e.g., Wein & Malkin LLP v. Helmsley-Spear, Inc., 6 N.Y.3d 471, 477-78 (2006); Matter of New York City Transit Auth. v. Transport Workers' Union of Am., 6 N.Y.3d 332, 336 (2005).
New York cases interpreting the Federal Arbitration Act, however, recognize manifest disregard as a ground for vacating an award. While New York state courts need defer only to the United States Supreme C0urt on federal-law questions, the New York Court of Appeals has traditionally tended to follow established Second Circuit precedent on such issues in Federal Arbitration Act cases. Since the Second Circuit recognizes manifest disregard of the law as a ground for vacating an award under Section 10 of the Federal Arbitration Act, so too have the New York State courts, even though the U.S. Supreme Court has left the question open. See Hall Street Associates, LLC v. Mattel, Inc., 128 S. Ct. 1396, 1403 (2008); see, e.g., T. Co Metals v. Dempsey Pipe & Supply, 592 F.3d 329, 339-40 (2d Cir. 2010) (manifest disregard of the law survives Hall Street); Wein, 6 N.Y.3d at 480-81 (pre-Hall Street New York Court of Appeals follows Second Circuit authority on manifest disregard of the law in Federal Arbitration Act governed case); Tullett Prebon Financial Serv. v. BGC Financial, L.P., 111 A.D.3d 480, 481-82 (1st Dep't 2013) (applying manifest disregard of the law standard to Federal Arbitration Act governed case post-Hall Street).
One question the First Department decision prompts is whether resort to manifest disregard of the law was even necessary. The U.S. Supreme Court has unequivocally endorsed post-Hall Street what some refer to in shorthand as the "manifest disregard of the agreement" standard, or "essence from the agreement" standard, under which a court may vacate an award where the arbitrators do not even arguably interpret the agreement. See Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064, 2098 (2013); Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758, 1767 (2010).
Presumably what happened in this case (though the opinion does not say) is that the parties had an agreement that contained an arbitration agreement, and the dispute arose out of or related to that main agreement. One or both parties demanded arbitration, the parties agreed to settle and one of the parties sought to enforce that agreement, which obviously arose out of or related to the main agreement, and was within the scope of issues that the parties agreed to submit and submitted to arbitration.
Under these circumstances it makes little sense to say that the manifest disregard of the agreement standard does not apply because the agreement that was manifestly disregarded was not the main agreement. And if, as the Court said, the arbitrators simply denied the motion to enforce the settlement agreement without comment, it seems to us that it did not even arguably interpret the settlement agreement and thus manifestly disregarded the parties' agreement.
The opinion, however, relies solely on manifest disregard of the law. Given the uncertainty surrounding whether manifest disregard is a viable ground for vacatur, and the corresponding certainty that manifest disregard of the agreement is a valid basis for vacating an award under Section 10(a)(4) of the Federal Arbitration Act, that sole reliance has the potential to cause relying solely on that standard without any explanation might confuse litigants who are not well-versed in Federal Arbitration Act practice and procedure. We are quite certain, however, that was not the Court's intention, and there may well be good reasons why the court did not rely on manifest disregard of the agreement as at least an alternative basis for its sound conclusion.
Photo Acknowledgements:
All photos used in the text portion of this post are licensed from Yay Images and are subject to copyright protection under applicable law. Text has been added to both images. Hover your mouse pointer over any image to view the Yay Images abbreviation of the photographer's name.

redpajama_set_name: RedPajamaCommonCrawl


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We talk to the Bristol-based artist about his new EP with Van Basten, how this year has been for him and his plans for the new year
Encompassing a whole host of different influences, the music that Dismantle makes has always been eclectic and comes with the kind of energy that makes it perfect for the dancefloor.
His recently released EP Smack The Door, a collaboration with Van Basten, certainly fills that quota and features a selection of upfront bangers.
We caught up with Dismantle to get the inside story on Smack The Door and working with Van Basten as well as how his year in music has been and what he has planned for 2022, including exciting news on his project with DJ Die and Randall.
Your new EP Smack The Door is out now. How did the making of the EP go?
Myself and Adam (Van Basten) had been writing various bits of music together since around 2017. We'd mainly been focussing on writing some house tracks but we had a b2b gig coming up at Glastonbury (2019) so we wanted to make something a bit harder. We made Smack The Door in a session and I played it at the More Time gig on the Thursday at Glasto. The guys at More Time were interested right away after playing it. I think Rebel Cause was made in a session after that.
Are you pleased with the reaction to the EP so far?
Yeah man, very much so. Had some great support from the people at Radio 1. A varied range of notable DJs from different genres have also been supporting which is always great to see. It's given me incentive to get a lot of these demos I'm sitting on finished and out there.
Smack The Door and Rebel Cause have different tempos but the same big energy. Did you want the two tracks to show different styles of the music you create?
I feel like they're similar in the sense that it's essentially a break with bass. You could say Rebel is a bit more house-y but it all fits under the same umbrella to me. We didn't really think too much about if it will fit together as a release, we were flicking through some classic breaks used thousands of times and knew they would start a vibe.
The EP ends with your track Runnerz, can you tell us about that track?
This was something I made in 2018. The guys at More Time have been playing this one since around then. I guess it's a slower tempo version of the style I was making back in 2011 – 12.
The EP is released on More Time Records. How is it releasing on the label again and is there more planned?
Me and Sam (Interface) go way back and have collaborated over the years and its incredible to see what these guys have done since starting their label. I'm always honoured to be involved and I'm sure it won't be the last release.
How did you and Van Basten hook up to make music in the first place?
I moved to Bristol back in 2014 and have always been good friends with Adam. It was only natural to get into the studio together. We were writing on various bits quite frequently over the years 2017-19. The pandemic has sort of stopped that flow a bit but I'm sure we will be getting back in again soon.
Do you have a similar style of working when you're in the studio?
I feel like most producers do when you really break it down. Adam always brings stuff to the table which I wouldn't usually do and vice versa. We both move quite quick and we want to get the banger done in the day to play out!
What are some of your favourite releases by Van Basten?
I'm into a lot of Ad's GotSome stuff. He made some tribally bits, which I don't believe came out, that I still play out today.
What other music are you working on at the moment that you can tell us about?
I'm part of a collective called Watch The Ride with Die and Randall. We've recently started working with Rinse. We've just had a release out with them and did a 4 track EP last year. We're currently working on a big project for that due early next year. I've also got my first two Dismantle releases for my new label, Stations, nearly completed. I also write under an alias called Nuff Pedals. I released an album last year on Gutterfunk and have a new 3 track EP forthcoming on there too and a remix for Addison Groove.
What tracks have been some of the biggest this year for you?
These aren't really tracks but more what I've been into this year. I really love the Silk Sonic project who've just released an album. The combo is out of this world and the music (technically and vibe-wise) is miles ahead of pretty much anything else on that scale, commercially. Anything that the label 2000Black release I'm blown away by. They're a huge inspiration for me. Electronic music wise I'm quite excited about this new I guess breaks inspired hybrid of garage and jungle. A kind of revival of a few sounds merged into one. It's quite hard to put a finger on what it is – just sick underground music basically. There are some names coming through who are making some amazing stuff.
What has summed up 2021 for you?
A weird year but very thankful that I'm a creative and things have opened up again. I've really enjoyed getting back out there and gigging. After a quiet year in 2020 I'm ready to push forward with things and get more music out there. Ready for 2022.
What are your other musical plans for the new year?
Getting this label, Stations, going and getting a lot of new Dismantle music out there. Also will be amazing to see all the work put into Watch The Ride with Die and Randall in 2021 come to fruition with the release of this project.
Will there be further activity and new music from Diemantle next year?
I'm still heavily in the studio with Die but our focus is now primarily on Watch The Ride with the Randall. New project dropping soon.
With the return of playing out live again, what festivals and gigs have been the highlights of the year for you?
Tuesday Club was an amazing show I love playing up there. Had a Watch The Ride gig on my birthday for the Rinse party at the Cause which was sick! Summer of Love and Tokyo World in Bristol were also great festival shows.
You can buy/stream Smack The Door here.
Dismantle x Van Basten – Smack The Door by Dismantle, Van Basten
Gavin Brown
I'm a music journalist based in the U.K. with a love for bass music in many forms from drum & bass and dubstep to hip hop and grime. Always looking to check out new music as well as digging back for the classics and attending as many events as possible.
In this article:Bass, bass music, Diemantle, Dismantle, DJ Die, drum & bass, Gutterfunk, Smack The Door, uk bass music, ukbm, Van Basten, Watch The Ride


Spotify has revolutionized the industry of online music streaming. Its best features is the ability to create and share playlists. Users of Spotify do it all the time. Who in the world wouldn't want the best of music compilation? So, we decided to bring you the top 10 of the best Spotidy playlists this time. These are officially declared most popular playlists of all time on Spotify. So, you are sure to like them a lot!
When it comes to enjoying music, Spotify makes it easy with millions of choices, also available through numerous playlists that you can find for yourself. Let us quickly look at the many ways one can find playlists for Spotify.
Browse is a collection of Spotify's best playlists on Android and iOS. What makes it great is that the playlist curation is done with more of human interaction, in case of Browse as compared to Discover and Radio, the two other Spotify features that are largely depended on algorithms.
Just as in the case of Google search, you can simply type in anything that you want, for example: "The Top 100" and get a long list of results with that particular keyword. Once the search is complete, you will see a Playlist section at the top. You can then press on the option "See All" at the bottom right hand side of this section and browse through all playlists that contain your keyword.
If you access the section "What's New", it opens up a list of all items that are new on Spotify, including the playlists. This is also a great way to look for the most current playlists of all.
There are many online resources in form of websites such as http://playlists.net/ and http://topsify.com/ that you can use to get the best playlists for yourself on Spotify. Once on these websites, you can browse through the endless Spotify playlists, both curated by the experts and submitted by users all over the world. Simply click on the playlists you like and either play them or follow them.


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Mackie Donates Loudspeakers and Headphones to Bob Moog Foundation
getitinwriting June 25, 2019 July 22nd, 2019
Asheville, NC—June 2019… The Bob Moog Foundation (www.moogfoundation.org) preserves and promotes the legacy of Dr. Robert A. Moog, who invented analog music synthesizers that transformed contemporary music. The nonprofit organization teaches children about STEM (science, technology, engineering, and math) by bringing interactive, hands-on music synthesis into schools through its Dr. Bob's SoundSchool program. Its new Moogseum interactive, hands-on museum opened on May 23 in its home town of Asheville, North Carolina, presenting exhibits exploring Dr. Moog's life and work, the history of synthesis, the science of audio waveforms, and more.
In support of the Moog Foundation's mission and to celebrate the Moogseum's opening, Mackie is pleased to donate to the Foundation a pair of its new 1600W DRM215 15-inch professional loudspeakers and a 2000W DRM18S 18-inch subwoofer, as well as 150 pairs of MC-250 high-performance studio headphones.
DRM Series loudspeakers combine extensive tuning, premium components, and cutting-edge DSP that takes advantage of powerful FIR filters, transducer time alignment, and precision crossovers to deliver unmatched clarity and responsive low end. Suitable for a wide variety of applications, Mackie DRM Series loudspeakers can be stacked, pole mounted, or flown in line arrays. The company's MC-250 headphones feature reference-quality 50 mm drivers and reveal every detail of a mix, delivering the clarity and accuracy needed for critical listening and mixing, along with exceptional low-frequency response.
"The Bob Moog Foundation deeply appreciates Mackie's generous support," proclaims Michelle Moog-Koussa, founder of the Bob Moog Foundation and daughter of Dr. Moog. "My father dedicated much of his life to developing inventions that enabled the creation of amazing, creative sounds. Mackie's superb loudspeakers and headphones will enable Moogseum visitors and students who experience Dr. Bob's SoundSchool to hear the sounds of Moog instruments in their full glory."
"Bob Moog was an inspiration to us, as he was to so many musicians, sound designers, and inventors," declares Mackie marketing director Shaunna Krebs. "The Bob Moog Foundation carries on his work by helping educate and inspire today's and tomorrow's musicians to create their own legacies. We are proud to contribute to that noble effort."
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text:
using System;
using System.Linq;
using System.Threading.Tasks;
using Elasticsearch.Net;

namespace Nest
{
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		{
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		{
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			);
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		public Task<IAcknowledgedResponse> UpdateSettingsAsync(Func<UpdateSettingsDescriptor, UpdateSettingsDescriptor> updateSettingsSelector)
		{
			return this.Dispatcher.DispatchAsync<UpdateSettingsDescriptor, UpdateSettingsRequestParameters, AcknowledgedResponse, IAcknowledgedResponse>(
					updateSettingsSelector,
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		{
			return this.Dispatcher.DispatchAsync<IUpdateSettingsRequest, UpdateSettingsRequestParameters, AcknowledgedResponse, IAcknowledgedResponse>(
					updateSettingsRequest,
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		}

	}
}


text:
5 Tuneful Reasons to Care Emitt Rhodes Is Back
by John Visconti
Who's Emitt Rhodes, you may ask? This multi-talented artist was part of the late '60s group The Merry-Go-Round, a pop-rock band who evoked the sound of The Beatles, The Byrds and The Left Banke. Their self-titled debut got decent reviews but didn't generate many sales so the band broke up soon after. Rhodes was then signed as a solo artist and released an eponymous album in 1970, for which he wrote all the songs and played all the instruments. Despite excellent reviews (many comparing him to Paul McCartney) and the minor hit "Fresh as a Daisy," that release and its two equally acclaimed follow-ups — 1971's Mirror and 1973's Farewell To Paradise — only earned a cult following. After that, Rhodes essentially disappeared off the radar and worked as a recording engineer for Elektra Records. While there were some attempts to release new music over the years, he finally returned in 2016 with a new album. Here's some musical evidence to show why that should be a big deal.
1. "Time Will Show the Wiser"
Despite a low profile, the The Merry-Go-Round disc did earn some ardent fans. Linda Ronstadt recorded a version of the track "You're A Very Lovely Woman" and legendary British folkies Fairport Convention covered this song on their first album in 1968. Indeed, the tune remained part of their repertoire for live shows throughout the 1960s and '70s.
2. "Listen Listen"
This energetic piece of late '60s garage rock featuring jangling guitars and on-target harmonies makes a case for The Merry-Go-Round being exemplars of the late '60s California pop-rock sound. "Live," another memorable track from their sole album, was later covered by The Bangles on All Over The Place. It's a great tune, but this song rocks just a bit harder.
3. "Live Til You Die"
This lovely, melodic ballad succinctly explains why Rhodes was often compared to McCartney as a songwriter, and for the similarities in their vocal delivery. In fact, both artists released albums in 1970 branded with their own names and featuring the artists playing all the instruments, writing all the music, and doing the bulk of the production work. Want to draw further connections between the two? Check out Rhodes "Lullaby" — featured in the Wes Anderson film The Royal Tenenbaums.
4. "Really Wanted You"
While Rhodes' solo work was primarily known for ballads and acoustic-leaning numbers, he could rock out when he wanted, as this track from 1971's Mirror ably displays. The excellent guitar work and singing here takes the music in more of a classic rock direction. For another Rhodes rocker, check out the song "Birthday Lady" also from Mirror.
5. "Dog On A Chain"
After 36 years of working behind the scenes in the music business, Rhodes returned in 2016 with the album Rainbow Ends, produced by Chris Price. The record features contributions and appearances by famous friends and fans such as Jason Falkner, Aimee Mann, Susanna Hoffs and Nels Cline. "Dog On A Chain," an ode to broken relationships, is the lead track on the long-awaited disc and you can hear how this gifted singer-songwriter has matured. While comparisons to McCartney (and Jackson Browne, based on some of the music here) may still be apt, Rhodes has a voice and sensibility that's distinctly his own.
– John Visconti
Photo: LOS ANGELES, CA – FEBRUARY 25: Singer/songwriter Emitt Rhodes performs at The Drop: Emitt Rhodes at The GRAMMY Museum on February 25, 2016 in Los Angeles, California. (Photo by Rebecca Sapp/WireImage)
TagsCultureSonar • Emmit Rhodes • John Visconti • pop rock • Rainbow Ends • singer • songwriter • The Merry-Go-Round
AboutJohn Visconti
John Visconti is a lifelong music and movie aficionado with wide-ranging tastes, including The Beatles, Otis Redding, and Bruce Springsteen, right on through to modern-day practitioners of power pop and retro soul. You can get into a spirited discussion with him about various film noir classics, or the relative merits of the entries in Toho's Godzilla series. After long stints in both publishing and IT, he's currently working in the healthcare world in a non-clinical role. You can check out his blog, John V's Eclectic Avenue at http://jveclectic.blogspot.com.
1 comment on "5 Tuneful Reasons to Care Emitt Rhodes Is Back"
essar1
Thank you for the reminder on Emitt's greatness, and a reminder that I should have picked up that 2016 album!


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Many Hands International
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Many Hands International is working to develop policies that ensure our work is of the highest standard and maximises positive outcomes for Timorese community members.
All our activities are smoke-free, recognising the importance of good health for Timor's future.
MHI recognises its legal and moral duty to ensure the safety and security of children from risk of abuse whilst participating in our programs. Our organisation, all staff and others involved in our work agree to abide by our Child Protection Policy that is based on the United Nations Convention on the Rights of the Child (UNCRC). English version Tetun version
Counter-Terrorism Policy
This policy articulates Many Hands International's commitment to avoid involvement in terrorist activities, avoid supporting terrorism and avoid working with organisations that support terrorism. A Counter-Terrorism Policy is necessary to ensure Many Hands International and Australian funds and resources are not being used, directly or indirectly, to support terrorist activities and to provide a clear guide on what to do if terrorist activity is suspected. More broadly, such a policy will maintain Many Hands International's and Australia's ability to support sustainable development and reputation in delivering sustainable overseas aid, as well as ensure continued community support for overseas aid projects.
This policy articulates Many Hands International's commitment and responsibilities to the promotion of human rights in the workplace and its development programs in recognition that the achievement of human rights is fundamental to development.
Our in-country partners, the State Secretariat for Art, Tourism and Culture support and uphold our policies through all our operations at the Lautem Cultural Centre. A letter of support from our partners is provided below.
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Each speaker we perform with is dedicated to bringing true-planet, applicable expertise and tips to get you pondering out of the box and generating fresh, winning ideas for your campaigns and method frameworks. With mobile technologies now becoming widespread, individuals can even take their social networking on the go. Researchers have questioned nonetheless, how all this on the web relating effects an individual's actual life social relationships, sense of self and sense of loneliness or alienation. Social media is a good way for teens, specially those who belong to LGBT neighborhood, to communicate their anxieties. Create a technique to surround your intended audience with your crucial message(s) through print, the Net, e-mail, radio, Tv, word of mouth, and social media.
Digital Marketing and advertising is also known by other names like on the internet advertising, world wide web advertising, and net marketing and advertising. As opposed to strengths at the novice level list of weaknesses is very long and is probably to minimize for a veteran social media marketer who is performing effectively. Feasible damaging effects on college admission: 35% of admissions officers scan potential students' social media and report discovering details that impacts their admissions decision. Some research has recommended that the use of social networking especially, can negatively have an effect on social relationships particularly with men and women the individual knows offline and on their sense of nicely-being.
Priit is the founder and CEO of DreamGrow Digital, an world wide web advertising and marketing and social media company. One particular of the biggest errors retailers make is to open up an account with each social media platform they feel is relevant and then leave them with no activity. Starting at the ground floor and developing up, right here is our overview of how to generate a social media marketing plan from scratch. Manually publish content material directly to LinkedIn, Facebook, Twitter, and far more, or connect your social accounts to your blog and automatically share new content material as it gets published.
Ello: An invite-only ad-totally free option to existing social networks, Ello is nevertheless in the beta testing phase but is nonetheless acquiring a lot of focus. Social media is getting utilized in ways that shape politics, business, planet culture, education, careers, innovation, and more. So although social media firms might really feel their only duty is to shareholders, it is becoming increasingly evident that there must be some accountability for the effects of the technology. You can also merge your social information with your CRM for a special 360-degree consumer view.
If the social share icons are not clickable at all there is most likely an situation with your template. Hunting at information from the previous ten years, it charts the meteoric rise of social media. LinkedIn: A professional social networking site with around 347 million customers worldwide. They've gotten in a lot of hot water in the media for a selection of factors (the details of which we won't go into here – but that we chronicle weekly in The Full Monty ). And we've previously ranted on what it may well take for investors and consumers to give up the habit Every week, there seems to be host of adverse stories.
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text:
package org.tomahna.scalaresume.resume

import scala.io.Source

import org.junit.runner.RunWith
import org.scalatest.FlatSpec
import org.scalatest.Matchers
import org.scalatest.junit.JUnitRunner

import play.api.libs.json.Json

@RunWith(classOf[JUnitRunner])
class ReferenceTest extends FlatSpec with Matchers {
  "Reference" should "be parsed" in {
    val stream = getClass.getResourceAsStream("reference.json")
    val content = Source.fromInputStream(stream, "utf-8").mkString
    stream.close()

    Json.parse(content).as[Reference] shouldBe Reference(
      "Erlich Bachman",
      "It is my pleasure to recommend Richard, his performance working as a consultant for Main St. Company proved that he will be a valuable addition to any company."
    )
  }
}


Hi I'm 5' 4'' Blonde / Hazel Eyes Average Build ,Intelligent,Funny Playful Great cook . want to know more?
I am 55 yrs young, 5'7", 183#'s, yes I told you my age and weight. No surprises here. LOL.. I have brown mid back lengthed hair, hazel eyes. I'm 100% natural. No plastic here. Just a good woman with a huge heart..You wanna know more? Well, you know what to do. BTW, I am in NW Ohio, Marion area.


Me (Gavin Hayes) pictured in a photo from this past summer.
Born in 2003, it would be impossible to say I have seen it all as a Met fan. But some how, and some way, I have.
Within my tenure, I have learned to love the lows, and have found a magic in the highs. I've also found that being a Met fan isn't about the past, nor about the future. It is about living in the moment and being grateful for what you have, and what it could be. Life won't ever be easy as a Met fan, we have a history, but I have learned to love the history we have.
I am from Upstate New York, and currently in High School. As my freshman year comes to a close, baseball season starts up. I attend MiLB games all summer, all over the Northeast. My local team is the Hudson Valley Renegades (Tampa Bay Rays, Single A-SS), but my favorites are the Binghamton Rumble Ponies (New York Mets, Double-A), and the newly re-branded Syracuse Mets (New York Mets, Triple-A), formerly the triple A affiliate of the Washington Nationals.
My prior work as a journalist includes establishing Flushing's Farm which provides Mets Minor League news. There I'm what you'd call a multimedia producer, which is a person who spreads information through different outlets (like social media). To accomplish this I taught myself photoshop and video editing skills while I learn photography as well. Joining the writing team here at Amazin' Prospects was the next logical step for me as I continue running the Flushing Farms page as well. There, I recently have hit the milestone of 5,000 followers. I firmly believe it is just the beginning of something great.
I look forward to writing for Amazin' Prospects, and can not wait for this coming season. The organization is once again in good health, and ripe for another World Series run!
Also, shout out to my supporters reading this from Flushing's Farm, and any friends or family who happen to see this. I really do appreciate the support and help, my best goes out to all of you.
Year I became a Mets fan: Born in '03, so let's say 2008.
Favorite Met: I don't really have one, maybe Carlos Beltran or Johan Santana.
Favorite Mets moment: When Osama Bin Laden was killed, and Phillies and Mets fans came together to chant USA at a game in 2011. Daniel Murphy was at the plate, rocking the black jersey. Unforgettable.
Least favorite Mets moment: The hatred had for former Manager Terry Collins, I always liked him. He got a bad rap after 2015, which will always get me going.


Falling off the bone tender – that's how we all love our Lamb Shanks.
In our recipe, we have our shank seared in a pan before braising it in red wine on a low heat… slow and steady until it becomes fork tender! We also use lemon and parsley to make the Gremolata, a chopped herb condiment which cuts the richness of the meat.
If you're into rich, wholesome lamb, this is one recipe you won't want to miss out on!
Trim the lamb shank and season ½ tsp salt and ½ tsp pepper.
Heat 1 tbsp olive oil in a pan and sear lamb shanks until brown. Set aside.
Add 2 tbsp olive oil in the same pan.
Saute onions until translucent and add in minced garlic, fry until fragrant.
Add in the carrots, 2 tbsp tomato paste and 1 tsp of sugar. Saute for 1 minute.
Pour in 300ml red wine. Reduce red wine to half.
Transfer the the mixture into a baking casserole/pot.
Pour in canned chopped tomato.
Add in the seared lamb.
Pour in 300ml beef broth.
Add in the rosemary, thyme and parsley.
Season with ½ tsp salt and ½ tsp pepper.
Cook in the oven at 170C for 2 hours or until the meat is succulent and falling off the bone tender.
Season with salt, pepper or sugar to taste.
Gently remove the the lamb shanks from the cooking sauce.
Sprinkle the gremolata on the braised lamb shank.


text:
Quellenreuth ist ein Gemeindeteil von Schwarzenbach an der Saale im oberfränkischen Landkreis Hof.

Geografie
Der Weiler liegt etwa 3,5 km nordöstlich von Schwarzenbach an der Bundesstraße 289, wo die Kreisstraße HO 12 nach Haideck abzweigt.

Geschichte
1353 besaß die Familie von Kotzau im Dorf einen Rittersitz und es ist die Abgabe des "Pfaffenscheffels" an die Pfarrei St. Lorenz in Hof belegt. 1390 war die Familie von Hirschberg im Ort ansässig. Seit Ende des 18. Jahrhunderts war der Ort im Besitz des Rittergutes Förbau. Damals lebten im Ort 89 Einwohner. Nach Ernst lebten in dem Schuldorf 1868 14 Familien bzw. 64 Einwohner. 1992 waren es 35 Einwohner, 2013 28. Vor seiner Eingemeindung nach Schwarzenbach war Quellenreuth mit Schwingen eine Gemeinde im ehemaligen Landkreis Rehau.

Baudenkmäler
Baudenkmäler im Ort sind ein Pechstein, ein mittelalterliches Steinkreuz und eine Doppelhofanlage aus Wohnstallhäusern.

Der Pechstein befindet sich am Waldrand südöstlich des Dorfes auf der anderen Seite der Bundesstraße und besteht aus Granit mittlerer Körnung vom Kornberg. Die Pechpfanne ist schalenförmig und mündet in ein Abflussrohr aus Messing. Die vorderseitige Inschrift bezieht sich auf Johann Gräßel im Jahr 1826 ("J 1826 G").

An der Abzweigung von der Kreisstraße HO 12 in den Ort befindet sich ein Steinkreuz. Die Seitenarme des Kreuzes sind stark abgewittert und kaum noch als solche zu erkennen. Das Kreuz stand früher zehn Meter weiter südlich und wurde 1964 im Zuge des Straßenausbaus versetzt. Der Sage nach liegt dort ein Offizier oder Beamter begraben. Es zeige sich immer wieder ein Reiter ohne Kopf.

Im Waldgebiet südlich von Quellenreuth bzw. Stollen gibt es am Waldrand eine rätselhafte Steinreihe. Vermessungsarbeiten von Reinhard Simon ergaben eine Gesamtlänge von etwa 70 Metern. 41 Steine sind oberirdisch sichtbar, es ist nicht auszuschließen, dass sich noch weitere Steine im Boden befinden oder bei der Flurbereinigung entfernt wurden. Einige haben eine Kantenlänge von über zwei Metern.

Literatur
 Michael Brix, Karl-Ludwig Lippert: Ehemaliger Landkreis Rehau und Stadt Selb. In: Die Kunstdenkmäler von Bayern, Kurzinventare, XXXIV. Band. Deutscher Kunstverlag. München 1974. S. 59.
 Hans Bucka, Oskar Heland: Grenzsteine – Flur- und Kleindenkmäler im Landkreis Hof. Hoermann, Hof 1991, ISBN 3-88267-040-1, S. 93f.
 Wilhelm Malter: Oberfranken-Ost. Heroldsberg 1984, S. 411
 Hans Höllerich: Pechsteine und vorindustrielle Pechgewinnung. In: Archiv für Geschichte von Oberfranken. 67. Band. Bayreuth 1987. S. 163–185.
 Reinhard Höllerich: Ehemaliger Landkreis Rehau und ehemals Kreisfreie Stadt Selb. Historisches Ortsnamenbuch von Bayern, Band 3, München 1977. S. 56.
 Friedrich von Schönburg-Waldenburg, Rudolf Timper: Geschichte von Schwarzenbach an der Saale. Schwarzenbach an der Saale 1908. S. 128.

Weblinks

 Eintrag auf der Internetpräsenz der Kulturlandschaftsbeauftragten des Landkreises Hof (PDF)

Einzelnachweise

Geographie (Schwarzenbach an der Saale)
Ort im Landkreis Hof
Ehemalige Gemeinde (Landkreis Hof)
Gemeindeauflösung 1978

redpajama_set_name: RedPajamaWikipedia


text:
At Best Buy, Women Make Up The Majority Of Company's Leadership Team
By Kavita Kumar
Star Tribune (Minneapolis)
WWR Article Summary (tl;dr) There has been a major step forward for women in leadership at Best Buy. For the first time it its history, women make up the majority of the leadership team. As Nicolas Pearce, a professor at Northwestern's Kellogg School of Management pointed out "It is still quite rare in the tech industry for there to be diversity at the top of the house, let alone a majority of the top team being comprised of women," he added, "That is extremely unique, but quite promising."
Best Buy is no longer an old boys club — at least not at the top.
For the first time, women make up the majority of the leadership team at the Richfield-based company, the nation's largest electronics retailer.
That would be a notable feat for any corporation these days, but it's particularly remarkable for one that is entrenched in the notoriously male-dominated technology world.
Best Buy reached the turning point last month when Trish Walker was hired from Accenture to become its president of services, including the Geek Squad. With her hiring, six of the 10 executives who report to chief executive Hubert Joly are women.
The other newest members of Best Buy's C-Suite are Paula Baker, a longtime Best Buy employee who was promoted to be the human resources chief in March, and Corie Barry, who was elevated to chief strategy officer last year. They join Shari Ballard, a longtime Best Buy executive who oversees U.S. stores; Sharon McCollam, a former Williams-Sonoma executive whom Joly hired in 2012 as chief financial officer; and Mary Lou Kelley, who came to Best Buy in 2014 from Chico's to lead e-commerce.
"It is still quite rare in the tech industry for there to be diversity at the top of the house, let alone a majority of the top team being comprised of women," said Nicholas Pearce, a professor at Northwestern University's Kellogg School of Management. "That is extremely unique, but quite promising."
He added that greater diversity at the top not only provides role models for girls and young women, but research has suggested it also leads to better business outcomes and higher innovation.
For its part, Best Buy officials are not patting themselves on the back for the gender parity. Jeff Haydock, a company spokesman, noted that each executive was hired as the company has looked for the best talent to help the company grow.
But having more gender diversity has been a commitment of Joly, who took over the retailer's reins in 2012 and quickly hired McCollam for the key financial job.
"If it had been Lehman Sisters instead of Lehman Brothers, maybe it would not have been the catastrophe that it was," Joly told Fortune Magazine last year.
The focus on women in leadership positions also has a direct correlation to the company's business strategy. One way Best Buy has been looking to boost its sales is by trying to reach more female shoppers.
Last year, it launched a wedding registry. Over the holiday season, it opened a handful of mini-shops inside of Macy's department stores, which tend to attract more female shoppers. And after years of only offering a sea of black and blue smartphone covers and laptop cases, it has been adding more colorful options from designers such as Kate Spade.
While Best Buy does not disclose the gender breakdown of its shoppers, it's pretty clear that men still make up the majority, said Dave Brennan, co-director of the University of St. Thomas' Institute for Retailing Excellence.
He added that women seem to be leading some of Best Buy's more service-oriented areas of the business, which is a smart move given that women often bring a more personal touch to improving that profitable part of the business.
Meanwhile, various studies have shown that women are still vastly underrepresented in many areas of the corporate pipeline. A Women in the Workplace report last year by LeanIn.org and McKinsey & Company showed that the greatest disparity continues to be in senior leadership. In 2015, women made up 17 percent of the C-Suite, up just barely from 2012 when it was 16 percent.
The gender imbalance is highly pronounced in the tech industry. Earlier this week, several prominent women in Silicon Valley unveiled a nonprofit called Project Include aimed at helping to collect and share data to help diversify the rank-and-file of tech companies.
The gender balance of the rest of Best Buy's workforce was not immediately clear. But the company has also recently added two female board members. Four of the board's 11 directors are now women.
The issue has also become a priority for other companies, including Minneapolis-based Target Corp. Chief Executive Brian Cornell recently joined the board of Catalyst, a nonprofit focused on advancing women in leadership positions. Women now make up about 36 percent of Target's board and 45 percent of its C-Suite.
"We're pleased about that, but we have more work to do," Cornell said in a recent corporate blog post.
While companies have made some strides in adding more women to top leadership positions, they still have a long ways to go when it comes to diversifying the racial makeup of its boards, said Pearce of Northwestern.
"Race is the third rail for many companies," he said.
On Best Buy's 11-person executive team, only one is a person of color.
Related Items:best buy, best buy leaders, business, diversity, employee, executives, female, gender, hiring, industry, leadership, makeup, retailers, tech, WOmen, women corporate leaders, women leaders, workforce, workplace
Why So Few Take Paid Parental Leave
Keeping Perspective When Following Your Dreams


text:
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text:
Q: Tensorflow | Feeding a Placeholder under tf.train.Supervisor I have used Supervisor sessions before to manage FIFOQueues with no problems. However, I am running into an issue with the simple code below, which gives me error message:

InvalidArgumentError (see above for traceback): You must feed a value for placeholder tensor 'W' with dtype float
   [[Node: W = Placeholder[dtype=DT_FLOAT, shape=<unknown>, _device="/job:localhost/replica:0/task:0/device:CPU:0"]()]]

import tensorflow as tf
LOG_DIR = 'log/sv/'

def using_supervisor ():
    with tf.Graph ().as_default ():
        W = tf.placeholder (tf.float32, name = 'W')
        W = tf.multiply (W, 100)
        moving_mean = tf.random_normal (shape = [10], mean = W, stddev = 1)

        tf.summary.histogram ("moving_mean", moving_mean)
        summary_op = tf.summary.merge_all ()

        sv = tf.train.Supervisor (logdir = LOG_DIR)
        with sv.managed_session () as sess:
            K = 2
            for i in range (K):
                result = sess.run (summary_op, feed_dict = {W: float (i)})
        sess.close ()

#----------------------------------------
if __name__ == "__main__":
    using_supervisor ()

Any thoughts?
Obviously, there's no valid reason to use Supervised session for this simple program since I am not making advantage of it but just confused why it isn't working.

A: tf.train.Supervisor is deprecated! Thanks tensorflow developers for the proper warning message! Switched to tf.train.MonitoredSession and it works!
import tensorflow as tf
LOG_DIR = 'log/'

def run ():
    with tf.Graph ().as_default ():
        W = tf.placeholder (tf.float32, name = 'W')
        W = tf.multiply (W, 100)
        moving_mean = tf.random_normal (shape = [10], mean = W, stddev = 1)

        tf.summary.histogram ("moving_mean", moving_mean)
        summary_op = tf.summary.merge_all ()

        with tf.train.MonitoredTrainingSession () as sess:
            K = 2
            for i in range (K):
                result = sess.run (summary_op, feed_dict = {W: float (i)})

#----------------------------------------
if __name__ == "__main__":
    run ()

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