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ADA Compliance as a Delegable Duty: Did I really Say That?
April 28, 2017 by William Goren 3 Comments
It isn't one of my most popular blog entries, but in my opinion, it is one of my most important. I am referring to the blog entry talking about the ADA as a nondelegable duty, which can be found here. On April 24, 2017, the U.S. Court of Appeals for the Ninth Circuit came down with a decision that calls into question whether the Nevada Supreme Court in Rolf Jensen got it right.
The case of the day is City of Los Angeles v. AECOM Services, Inc. decided by the United States Court of Appeals for the Ninth Circuit on April 24, 2017. As is usual, the blog entry is divided into categories: facts; court's reasoning; and takeaways. Of course, the reader is free to concentrate on any or all of the categories.
Two individuals with disabilities filed suit against the City of Los Angeles alleging that the City's flyaway facility and service, a bus system providing transportation between Los Angeles International Airport and various locations, failed to meet accessibility standards set forth in title II of the ADA. The City subsequently filed a third-party complaint against AECOM Services and Tutor Perini Corporation. The complaint alleged that pursuant to the provisions of the contract entered into by the City and the company hired to design and construct the facility, that AECOM was obligated to defend, indemnify, and hold harmless the City against all suits, claims, losses, demand, and expenses to the extent that any such claims resulted from the negligent and/or intentional wrongful acts or omissions of AECOM, its subcontractors, officers, agents, servants, or employees. The City further alleged that Tutor, the successor in interest to another company retained by the City to construct the facility, was contractually obligated per the provisions of that contract to defend, indemnify, and hold harmless the City against all costs, liability, damage or expense sustained as a proximate result of the acts or omissions of Tutor or relating to acts or events pertaining to, or arising out of, the contract. The contract between the City and Tutor's predecessor in interest also required that the contractor when performing its contractual obligations comply with all applicable present and/or future local, state and federal laws, statutes, ordinances, rules, regulation, restrictions and/or orders, including the ADA. It also stated that contractor shall be solely responsible for any and all damage caused, and/or penalties levied, as the result of the contractor's noncompliance with such statutes, ordinances, rules, etc. The District Court threw out the case on the grounds the ADA preempted the indemnification claims (i.e. nondelegable duty essentially), and the City appealed.
In reversing and remanding the case for further proceedings, the Ninth Circuit reasoned as follows:
In determining whether federal law preempts state law, the first thing to look at is the purpose of Congress.
In all preemption cases, especially where Congress has legislated in a field where the States have traditionally occupied, the assumption is that the historic police powers of the States are not superseded by the federal act unless Congress clearly and manifestly says so.
There are several ways federal law may preempt state legislation, including: 1) Congress stating so in express terms; 2) inferring preemption when federal regulation in a particular field is so pervasive as to make the reasonable inference that Congress left no room for States to supplement it, what is called field preemption. That is, the volume and complexity of federal regulation demonstrates an implicit congressional intent to displace all state laws. For a discussion of field preemption, check out this blog entry; 3) implying preemption when state law actually conflicts with federal law, or what is called conflict preemption; and 4) obstacle preemption.
The presumption against preemption exists because respect for the States as independent sovereigns in our federal system leads to the assumption that Congress does not cavalierly preempt state law causes of action.
Neither title II of the ADA nor §504 of the Rehabilitation Act contains a statement of express preemption.
Field preemption doesn't work because title II of the ADA specifically states that nothing in that chapter is to be construed to invalidate or limit the remedies, rights, and procedures of any State or political subdivision of any States or jurisdictions providing greater or equal protection for the rights of individuals with disabilities than afforded by title II of the ADA. Accordingly, the ADA expressly disavows field preemption of the disability rights field.
Obstacle preemption, which is a subset of conflict preemption, does not apply here either for a host of reasons: the City is not seeking to allocate the full risk of loss to someone else; the City only assigned liability to the defendants to the extent that the defendants own actions gave rise to liability; and the greater concern is for potential contractors to shield themselves from any liability they cause under both States contract law and federal disability regulations if preemption is found to exist.
Though the City is seeking indemnification for a contractor's wrongdoing, that compensation only constitutes a portion of the City's total liability under federal disability statutes. In other words, the relief sought may be complete indemnification from the perspective of the contractor's liability, but it constitutes only partial contribution from the perspective of the City's liability exposure.
Cities implement policies and procedures as part of their standard operation. Were a court to permit a city to contract away liability to implement policies and procedures complying with federal disability laws and regulations, it would impermissibly be permitting delegation of an entity's duties under the ADA.
In this case, the City is seeking the redress for specific construction and design failure related to the facility. Cities often have no choice but to contract out designing and construction of public facilities because they do not have the expertise, personnel, or equipment necessary for such projects. Such a delegation is by necessity. Accordingly, an important component in a city doing all that it can to fulfill its duties under title II of the ADA and §504 the Rehabilitation Act is to require as part of its contracts with necessary third parties that the requirements of those statutes be met.
Permitting enforcement of contract claims seeking to hold the contractor liable for duties necessarily delegated to it, does not raise the problem of entirely insulating public entities from ongoing title II of the ADA or §504 of the Rehabilitation Act liability posed by offloading all of the City's responsibilities under those laws.
If title II of the ADA is viewed as encompassing a public entity's outputs, that supports the notion that Congress would not have intended to preempt claims for liability arising from tasks that a city does not do, but, in many cases, must instead contract with others to provide the service.
Permitting claims for contribution commensurate with a third party's wrongdoing does not pose the same obstacle as offloading all of the responsibilities of the ADA onto someone else.
The presumption against preemption applies where a given area is one where the States have historically had the power to regulate, and in this situation, States have historically regulated in the area of civil rights, including the field of discrimination against persons with disabilities.
Obstacle preemption, which applies when a given state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress, doesn't work here either because nothing in title II of the ADA or §504 the Rehabilitation Act addresses a claim for state law indemnification or contribution claims filed by a public entity against a contractor.
Case law from other Circuits suggesting that congressional omission of a federal cause of action for indemnification is a reason to preempt state law claims, turns the presumption against preemption on its head. The basic premise of the presumption is that absent an affirmative indication to the contrary, a federal regulation does not preempt state law. The failure to provide a federal parallel to a state law cause of action doesn't rise to that standard.
Certainly, it is a valid concern that a public entity could contract out of title II or §504 compliance with respect to the public entity's failure to maintain appropriate policies and practices (failure to take action solely within its control). Permitting a shift of liability to a party lacking the power to remedy the violation would frustrate the federal statutes regulatory purposes. For example, the legislative history of the ADA confirms that a landlord has an independent obligation to comply with the ADA that may not be eliminated by contract.
The claims asserted by the City against the defendants in this case do not seek to shift liability for what the public entity can control onto somebody else.
The City's third-party claims seek only to collect for violations arising out of defendants own negligence or wrongdoing. In other words, the City despite how it styled its claim, is in actuality seeking contribution from the defendants. Allowing such claims does not plausibly pose an obstacle to the intended purpose and effect of either the ADA or the Rehabilitation Act. In fact, a finding of preemption would hamper the statutes regulatory purposes. If there is no preemption, then the most a public entity can be able to do is to expressly contract for compliance and from there, the entity best situated to ensure full compliance may well be the contractor tasked with designing or constructing the public resource. If you preclude contract clauses for contributions, you then reduce a contractor's incentives to ensure that the applicable statutes, laws, and regulations are complied with.
Takeaways:
Is this case really an overrule so to speak of our Mandalay Bay case? I'm not sure it entirely is for reasons that follow below.
The court was very careful to style this as a contribution case rather than an indemnification case. The difference is important because contribution implies shared responsibility while indemnification implies sole responsibility.
This case was a title II case and not a title III case. The difference is important because the range of responsibility for ADA compliance are far greater with respect to title II than they are with respect to title III.
The court did note that responsibilities of landlords cannot be delegated.
As mentioned above, if you are looking for where field preemption does work, check out this blog entry.
This case does allow for indemnification where that indemnity is the result of the contractor's own negligence/screw up.
This case implies that failure of a contractor to understand the applicable ADA obligations necessary for a contractor to carry out their work may also be negligence. See also this blog entry.
The critical question is whether the liability exposure from the perspective of the entity contracting out services is indemnification or just partial contribution.
The court says that to permit a city to contract away liability to implement policies and procedures complying with federal disability regulations would impermissibly permit delegation of an entity's duties under the ADA? Does that mean a public entity cannot contract out HR services or employee benefit services? Maybe. Certainly, means joint and several liability at a minimum.
To my mind, it is a strong argument to say that contractors are often the best situated to ensure full compliance with the designing or constructing of public resources and that if contribution was precluded, a disincentive for complying with the applicable statute, laws, and regulations is created.
The case seems to be strong in terms of its reasoning. With the current makeup of the Supreme Court and the nature of this case, I would think that the Ninth Circuit decision would be affirmed by the Supreme Court by at least a 6-3 majority. Unclear to me whether the Supreme Court would take the case in any event because there may not even be a conflict among the Circuits. For example, the Ninth Circuit went into elaborate detail as to why this case was different from the Fourth Circuit case.
Filed Under: ADA, Constitutional law, Federal Cases, Final Federal Regulations, Rehabilitation Act, Title II Tagged With: §504, ADA, air carrier Access act, city of Los Angeles v. AECOM services Inc., conflict preemption, contribution, delegable duty, field preemption, Fourth Circuit, indemnification, independent obligation, Joint and several liability, landlord, Mandalay Bay, negligence, Ninth Circuit, nondelegable duty, obstacle preemption, outputs, partial contribution, preemption, presumption against preemption, rehabilitation act, Rolf Jensen and Associates Inc. v. eighth judicial District Court of the state of Nevada, shifting liability, title II, Tutor Perini
You're Not Going to Believe This, but I Say Appeal This One to the Supremes before, after, or In Lieu of an En Banc Hearing
March 28, 2016 by William Goren 1 Comment
First off, I hope that everybody who celebrated Good Friday and Easter had a happy one. Today's case, Gentry v. East-West Partners Club Management Company, Inc. is a published decision from the Fourth Circuit, which came down on March 4, 2016. I don't believe in all my blog entries that I have ever taken the position that a plaintiff might want to consider appealing to the United States Supreme Court, particularly on an employment matter, but there is a first time for everything. For the reasons to be explained below, the plaintiff may very well want to consider appealing this to the United States Supreme Court assuming they don't seek an en banc rehearing first. As in my usual practice, I have broken down the blog entry into categories. They are: facts; the jury instructions; court's reasoning causation jury instruction; court's reasoning definition of disability jury instruction; court's reasoning regarded as jury instruction; court's reasoning record of jury instruction; why the plaintiff may want to think about appealing this to the United States Supreme Court; and takeaways. The reader is free as always to focus on any or all of the categories.
Plaintiff was an executive housekeeper at the Maggie Valley Club and Resort supervising a staff of 8 to 10 housekeepers at an annual salary of $39,381. In July 2007, she fell at work, injuring her left foot and ankle. She filed for workers compensation benefits. In January 2010 or so, the club's insurance carrier offered to settle her workers compensation claim, but she declined expressing concern that she might be terminated if she accepted, and instead pursued mediation. In November 2010, her workers compensation claim was ultimately settled at mediation. In December 2010, she was terminated. The club presented evidence that they had been losing money since its inception and was particularly hard-hit during the recession, operating a net loss of approximately $2 million in both 2008 and 2009. They maintained that her position was eliminated solely to reduce costs. However, the plaintiff testified that after her termination she met with an executive of the club who informed her that the club had admitted to terminating her because of the issues with her ankle and because she could be a liability to the club. This testimony was also confirmed by the EEOC investigator, though the executive denied making those statements to the investigator. Plaintiff also presented evidence undercutting the club's cost-saving rationale, including that the person who had assumed the responsibilities performed only minimal maintenance duties and that his pay eventually increased to be only $4000-$5000 less than hers. She also established that there was no memorialization of the spring and summer 2010 meeting that discussed the club's restructuring plan, which included a discussion of her termination. Additionally, an executive of the club testified that he only learned of her impending termination in the fall 2010, when the club's general manager called to inform him of her workers compensation claim. No one contended that she was terminated for reasons related to her work performance or that anyone had ever criticized or complained about her performance. An executive of the club described her as an outstanding employee who did an excellent job. She sued the club and East-West partners for: disability discrimination under the ADA and North Carolina law; sex discrimination under title VII and North Carolina, law; retaliation against the plaintiff for pursuing a workers compensation claim in violation of the North Carolina, law; and a tortious interference claim. After a weeklong trial, the jury found East-West liable for workers compensation retaliation and awarded her $10,000. They also found liability against East-West and the club's general manager for tortuously interfering with her employment and awarded separate damages of $5000 against each of those. The jury found in favor of the defendants on all other claims. After the plaintiff moved for a new trial, which was denied, she appealed. She argued that the District Court incorrectly instructed jury with respect to the ADA claims (the appeal did involve other issues, but we are just focusing on the ADA ones).
The Jury Instructions
The jury was instructed that the plaintiff has to demonstrate that her disability was the but for cause of her termination.
An impairment substantially limits a major life activity if it prevents or significantly restricts a person from performing the activity, compared to an average person in the general population.
Disability discrimination laws are designed to protect individuals who may be perceived as disabled from being discriminated against in the workplace and that you must decide whether a perception that she was disabled was the but for reason that the defendant terminated her employment.
An individual has a record of a disability if the individual has a history of a mental or physical impairment that substantially limits one or more major life activities.
Court's Reasoning Causation Jury Instruction
After discussing in a footnote where the motivating factor standard originated, the court relies on Gross v. FBL Financial Services, Inc., which held that but for was the standard with respect to Age Discrimination in Employment cases.
The 1991 act that added motivating factor standard to title VII also amended provisions of the ADA but did not add motivating factor to the ADA.
While the ADA does contain language incorporating title VII enforcement provisions, that language does not incorporate the specific sections establishing mixed motive as unlawful employment practices.
No meaningful textual difference exists between "on the basis of," and "because of." The court cited to University of Texas Southwestern Medical Center v. Nassar as a case supporting this proposition.
While it is true, that legislative history says that "on the basis of," was inserted so that the emphasis and question of disability discrimination is properly on the critical inquiry of whether a qualified person with a disability had been discriminated against on the basis of that disability takes away the focus on the preliminary question of whether they had a disability in the first place, nothing in that legislative history suggests that the language suggests that the language was meant to lower the causation standard.
The "on the basis of," language was enacted before Gross, and therefore, is not in response to the causation analysis in that case.
The court also cited to the dictionary, both the new Oxford American dictionary and Merriam-Webster, to say that on the basis of essentially means the same thing as because of.
Court's Reasoning Definition of Disability
The plaintiff did not object to the jury instruction that said an impairment substantially limits a major life activity if it prevents or significantly restricts a person from performing the activity, compared to an average person in the general population and therefore, the jury instruction can only be reviewed for plain error.
To establish plain error, she has to show that: 1) that the District Court erred; 2) that the error was plain; and 3) that the error affected her substantial rights. That is there must be a reasonable probability that the error affected the outcome of the trial."
Even if the assumption was made that the court's instruction was erroneous and that the error was plain, she had not shown that it affected her substantial rights as she offered little to suggest that her disability discrimination claims failed because the jury believed that her impairment did not meet the District Court's definition of substantially limits. She did not contend that the defendants argued to the jury that the standard for disability was demanding or that her impairment was not severe enough. For that matter, she did not demonstrate that the extent of her impairment was a seriously contested issue at trial. There were also plenty of facts from which the jury could have found that her termination was not the result of an impairment to her foot, regardless of how severe. After all, she was not terminated until more than three years after injury and more than two years after her surgery. Further, at no point did her employer complain about her ability to perform her job duties, and in fact, thought she was an outstanding employee. Finally, the plaintiff offered no argument as to how failure to correct this instruction resulted in a miscarriage of justice or seriously affected the fairness, integrity, or public reputation of the judicial proceedings.
Court's Reasoning Regarded As Jury Instruction
There is a question as to whether the plaintiff promptly preserved an objection to this particular instruction. In any event, the court did not see how she was prejudiced by the instruction as the instruction implicitly conveyed that the plaintiff did not actually have to be disabled.
The District Court acted within its discretion when it determined that the full regarded as instruction proposed by the plaintiff was not warranted under the circumstances of the case after he heard all of the evidence and mindful that the jury was already dealing with complex and nuanced instructions on multiple discrimination and related claims under state and federal law. In particular, the court felt that the jury would get there any way if they believed there was discrimination on the basis of disability.
Court's Reasoning on "Record of," Jury Instruction
Her contention was that the EEOC regulations contain an additional phrase that a record of having a disability includes a person who was misclassified as having a disability and that phrase was not included by the court in its jury instructions. However, the plaintiff did not object to this instruction, and on appeal, she did not explain how the omitted language applied to her case. Therefore, the court had no basis for finding that the District Court erred or otherwise abused his discretion with respect to this jury instruction.
Why the Plaintiff May Want to Think about Appealing This to the United States Supreme Court
It is absolutely true that Gross, held that but for was the standard for causation with respect to age discrimination in employment act cases. It is also absolutely true that University of Texas Southwestern Medical Center v. Nassar, held that but for causation was the standard with respect to retaliation claims. However, as discussed in this blog entry, which is one of two that is the most popular blog entry of mine of all time, that does not mean that the answer is the same with respect to status-based discrimination. In Nassar, Justice Kennedy is quite clear about the distinction between status-based claim and retaliation claims. Second, Justice Kennedy mentioned that if Congress wanted mixed motive to apply to retaliation claims, it could have inserted the motivating factor provision as part of the section applying to all such claims, such as 42 U.S.C. § 2000 e- 5. The ADA specifically references this provision as the remedies available to a plaintiff alleging discrimination on the title I of the ADA per 42 U.S.C. § 12117(a). Finally, Justice Kennedy specifically cites to the ADA when he says that the ADA is also a comprehensive statutory scheme and that Congress and the ADA clearly spoke to retaliation separate and apart from status-based claims.
As discussed in my blog entry discussing the Nassar case, referenced above, the legislative history clearly mentions that Congress wanted to make clear that the indirect burden of proof, which presumes a motivating factor, was still in play.
It is true that you can find a case from the United States Supreme Court saying that "on the basis of," and "because of," are synonymous terms as discussed in this blog entry of mine. However, the person that wrote that decision, Justice Scalia, is no longer with us. Also, his statement in that decision is most assuredly dicta.
All it takes for the court to agree to hear the case is four Justices. There is also the possibility that by sometime next calendar year the Justices may have a very different configuration (keep in mind, I have not yet had the time to do an analysis of Judge Garland's decisions involving the ADA and the Rehabilitation Act. Also, any such analysis, irregardless of what it might show, is not necessarily a predictor of what he would do on the Supreme Court).
The U.S. District Court clearly got it wrong when it comes to the jury instruction talking about substantially limits. The "prevents or significantly restricts," language clearly comes from Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, a standard specifically overruled by the ADA amendments act. In particular, the amendment to the ADA specifically states that the EEOC standard, which was far higher than the Toyota Motor standard, was still too high. Also, the amendments act to the ADA specifically gave regulatory bodies the authority to implement definitional terms. When the EEOC took advantage of that authority in 29 C.F.R. § 1630.2(j)(ii), it defined substantially limits as being a matter of whether the person is substantially limited in a major life activity as compared to most people in the general population. That said, the plaintiff in this case with respect to the definition of what is a disability will still have a major problem because the objection to the jury instruction was not properly preserved, and there is a serious question as to whether the facts were such that substantial rights of hers were affected.
Since the EEOC had the authority to implement definitional terms, an argument exists that the record of jury instruction was in plain error because of the absence of the misclassified language. However, even so, the plaintiff did not bring forth evidence to show how that particular absence affected anything.
I don't think the court's jury instruction was sufficiently clear with respect to what it means to be perceived as having a disability. That is, the full definition of what it means to be perceived or regarded as having a disability would have clarified things immensely. That said, was the jury instruction such so as to rise to plain error in the absence of an ambiguous preserved objection to the particular instruction?
The court relies on the decision of Lewis v. Humboldt Acquisition Corporation, Inc. from the Sixth Circuit. However, while it is true that the majority opinion adopted in that case adopted the but for standard, it is also true that there were vigorous concurring opinions as well as dissents, and questions were raised about what but for actually means. That is, for example, but for might mean the same thing as substantial factor in torts cases.
If you are not satisfied with a jury instruction that the court comes up with, make sure there is an unambiguous objection to that jury instruction in order to preserve your appeal.
Jury instructions should reference the ADA as amended in addition to any applicable case law.
I do believe it may be worthwhile to take this case up with the Supreme Court, particularly with respect to the mixed motive portion of the jury instruction. Even if Judge Garland is not confirmed, Justice Kennedy has very strong language in University of Texas Southwestern Medical Center v. Nassar making it clear that disability discrimination is status-based discrimination and should be treated differently than retaliation causes of action. To hold that mixed motive does not apply to title I cases would mean that Justice Kennedy would have to disagree with his reasoning in a prior case (if that holds, that would mean in a configuration without Judge Garland, it would still go 5-3 in favor of the plaintiff on the mixed motive question). It would also be interesting to see how the Supreme Court views whether objections to the jury instructions were properly preserved and whether plain error exists. The jury instructions and what actually should have been used are sufficiently different that reasonable jurists might disagree on whether plain error occurred. Also, in the case of the regarded as jury instruction, it was ambiguous as to whether the objection was properly preserved and reasonable jurists may disagree on whether it was preserved or not.
Filed Under: ADA, Constitutional law, Federal Cases, Final Federal Regulations, Title I, Title V Tagged With: 29 C.F.R. § 1630.2, 42 U.S.C. § 12117, Burrage v. U.S., but for, but for causation, Country v. East-West partners club management company inc., EEOC, Fourth Circuit, gross v. FBL financial services, Inc., Jury instructions, Lewis v. Humboldt acquisition Corporation Inc., Maggie Valley club and resort, mixed motive, prevents or significantly restricts, record of, Regarded as, retaliation, substantially limits, title I, Toyota motor Manufacturing Kentucky v. Williams, University of Texas southwestern medical center v. Nassar
Labels Are Everything: Characterizing Essential Functions of the Job Is a Critical Question
March 21, 2016 by William Goren Leave a Comment
Today's case is a case originating in Winston-Salem, NC that I have been following for some time. I want to thank Robin Shea, who actually works in Winston-Salem, for alerting me in a recent entry to her blog (see my blogroll), that the Fourth Circuit decision came down. The case is Stephenson v. Pfizer, Inc., an unpublished per curiam decision decided March 2, 2016. As is my usual practice, I have divided the blog entry into categories: facts; thoughts on the facts; court's reasoning; and takeaways. The reader is free to focus on any or all of the categories.
In 1984, the plaintiff began her career as a pharmaceutical sales rep after graduating from Duke University. For nearly 30 years, she worked for Pfizer or its predecessor as a sales representative in and around Winston-Salem, North Carolina. The position required her to make in person presentations of biopharmaceutical products with the goal of convincing medical professionals, generally primary care physicians, to prescribe those products for their patients. She was an exemplary salesperson, and in 1985, she was named rookie of the year by her employer. 15 years later, Pfizer inducted her into its Hall of Fame, an honor bestowed on fewer than 100 sales representatives in the company's history. She subsequently earned recognition in national sales contests and was named a Pfizer Master in honor of her sales and leadership achievements. Her job required meeting with physicians in their offices, and she did not maintain an office at a Pfizer facility. Instead, Pfizer provided her with a car for travel from her home in Winston-Salem for attending sales meetings. She spent most of the work day meeting with doctors. She usually worked about 10 hours a day, with eight of those away from home and on the road. Although she could not perform her job without meeting with medical professionals in person, she understood her job to require traveling, and driving an automobile was her method of accomplishing that. Her job description says nothing about driving an automobile or even possessing a driver's license. It did outline what she had to do with a degree of specificity including:
[Sales representatives] may have a variety of roles, such as the responsibility for sales targets and physician relationships within a specific geography. . .[;]
must demonstrate a strong understanding of necessary disease states and possess a solid ability to communicate necessary technical, scientific, and product and disease management information to customers . . .[;]
[and] will provide the most current information pertaining to Pfizer products and their approved indications in a manner which will ensure the appropriate use of these products and achieve the business potential of the territory.
Further, the job description required that she: possess business savvy; be familiar with sales reporting software; have a college degree or equivalent experience in pharmaceutical sales; demonstrate good judgment; demonstrate accountability; demonstrate self-motivation; demonstrate effective problem-solving; demonstrate sales related skills focused on building relationships with physicians and executing effective sales strategies; and demonstrate a commitment to Pfizer's culture, values, and mission.
In October 2008, she developed an eye disorder called Non-Arteritic Ischemic Optic Neuropathy, a condition that affects the flow of blood to one or both of the optic nerves. As a result, she lost 60% of her vision in her left eye. Even so, she was able to continue working, without accommodation for the next three years. By October 2011, she had the condition in her right eye and lost 60% of the vision in that eye. As a result of her combined vision loss, she could no longer drive an automobile.
On October 27, 2011, she asked Pfizer to accommodate her vision problems by allowing her to have a driver take her to sales meetings, obtaining magnifying software for her computer, and requesting magnifying tools to assist her in reading documents. While waiting on the company's response she and her husband researched and received pricing estimates from potential drivers and shuttle services that could transfer her to sales meetings. She forwarded that information on to the company, but for about a month heard nothing regarding the accommodations request. In a November 28, 2011, email, Pfizer granted her request for computer software and reading tools but rejected her request for a driver. Pfizer did not suggest in that denial that the cost of hiring or retaining a driver was a factor in the denial, but maintained that the denial was based upon their view that driving was an essential function of her sales position and that hiring a driver would be inherently unreasonable. In particular, Pfizer pointed out that it there was a significant increased risk in liability related to automobile accidents, workers compensation, and misappropriation of and/or lost drug samples. Over the next several months, she repeated her request for a driver through phone calls and emails and each time she received the same answer as the one previously given her. Pfizer's North Carolina regional business director said in early of 2012 that the company was concerned about setting precedent in case a future non-performing employee would ask for something similar explaining that not everyone was someone like her. Instead of discussing accommodations that could get her back to work meeting with doctors, Pfizer just directed her to other positions within the company that did not require traveling. She declined to pursue any other positions believing that her skills were best suited to the sales representative job in which she had excelled for decades. On April 25, 2012 she filed a charge with the EEOC, and the EEOC issued a notice of right to sue in November. At the lower court level, the District Court granted summary judgment to Pfizer and she appealed.
Thought on the Facts
When I read these facts, the first thing that struck me was Pfizer saying that the reasonable accommodation request was inherently unreasonable. In my blog entry of last week, we saw this argument. That is, the defendant there essentially raised the issue of whether the requested reasonable modification was inherently unreasonable. In that case, the court went for that argument. In this case, as we shall see, the court didn't go in that direction.
In a per curiam and unpublished decision, the court vacated and remanded saying that summary judgment was not warranted for the following reasons:
A reasonable accommodation is one that enables a qualified individual with a disability to perform the essential functions of the position.
An employer must accommodate an employee with a disability only when the accommodation enables the employee to perform all of the essential functions of her position.
A plaintiff has to prove four elements with respect to a failure to accommodate claim: she is a person with a disability; the employer had notice of her disability; she could perform the essential functions of her job with the reasonable accommodation; and the employer declined to make such an accommodation.
Essential functions of the job are those that bear more than a marginal relationship to the job at issue. More particularly, 29 C.F.R. § 1630.2(n)(1) defines essential functions as the fundamental job duties of the employment position the individual with a disability holds or desires, excluding the marginal functions of the position.
The ADA at 42 U.S.C. § 12111 (8) says that a written job description that has been prepared ahead of advertising or interviewing candidates for a position shall be considered evidence of the essential functions of the job.
29 C.F.R. § 1630.2 (n)(3)(i)-(vii) identifies seven factors that are to be evaluated with respect to whether a particular function is essential including: the employer's judgment as to which functions are essential; written job description prepared before advertising or interviewing applicants for the job; the amount of time spent on the job performing that particular function; the consequences of not requiring the incumbent to perform the function; any applicable terms of the collective bargaining agreement; the work experience of past incumbents in the job; in the current work experience of incumbents in similar jobs.
29 C.F.R. § 1630.2(n)(2)(i)-(iii) also list three examples of situations where function can be essential including: the job exist specifically to perform the function; the small size of the workforce requires all employees to be able to perform the function; or the employee is hired for her expertise in performing the highly specialized function.
While it is true that Pfizer contended that driving is essential, the plaintiff maintained that traveling and not driving was the essential function of the job. She could certainly travel with or without reasonable accommodations but could not drive the car herself with or without a reasonable accommodation.
A question of fact also existed as to whether hiring or retaining a driver is an unreasonable accommodation even if one assumes that driving a car is not essential to her job.
Just what is an essential function of the job? With respect to that question, as we have seen 29 C.F.R. § 1630.2 has a lot of helpful guidance. As I mention in my book, the most simple and straightforward approach is to think about what job duties are fundamental to carrying out that particular job's purpose. Remember, do not confuse tasks nor major life activities with essential functions.
Labeling is everything. That is, how you characterize the essential functions of the job is critical. In this case, the job description didn't talk about driving. However, even if it did, you would still have the same argument over whether driving or traveling was the essential function of the job because the employer's description per 42 U.S.C. § 12111 is something that must be considered but is not conclusive. While it is true that the employer is given a great deal of discretion with respect to what it has in the job description, that doesn't mean the court will take it at face value. So, is there something inherent in the particular job description where this individual must actually physically drive a car from meeting to meeting? Keep in mind, technology is evolving rapidly here. For example, driverless cars are on the horizon. While it is true, that even a driverless car might be problematic for her, at least as it stands now, that may not always be the case. For now, one thing that readily comes to mind, is Uber and Lyft. Not too long ago, I read an article in the Atlanta Journal-Constitution where a reporter actually gave up driving for a month to see if he could save money or come out the same by just taking Uber or Lyft for a month. After he did the experiment, he found out that Uber or Lyft was cost-effective when compared to driving an automobile, but that driving an automobile had certain freedoms with it and provided a psychological lift that Uber and Lyft did not. Here, Pfizer was supplying her with a car. Also, the facts are such that her territory was bounded by the municipalities of Mount Airy, Madison, Kernersville, and Mocksville within Surry, Rockingham, Forsyth, and Davie Counties with 90% of the doctors she was responsible for being in Forsyth County, predominantly Winston-Salem. Googling Winston-Salem metropolitan area reveals that there are 1,611,243 people in the metropolitan area. Also, Winston-Salem itself has a population of 235,000, 527 people. Surely, Uber and Lyft are operating in the area. When I Googled that to make sure, I saw that Uber started operating in Winston-Salem in April 2014, and my Google research revealed that Lyft is operating there as well. In fact, it seems that both companies have a major presence in the area.
Essential functions of the job is not the only area of the ADA where how you characterize things is a critical factor. In my book on pages 80-81, you see the same issue with respect to accessibility to programs and activities of governmental entities. In those situations, it is generally the rule that plaintiff lawyers need to define the program as broadly as possible, while defense lawyers need to define it as narrowly as possible. The same thing is taking place here in this case where the plaintiff is defining the essential function broadly, in terms of traveling, and the defendant is defining the essential function narrowly, in terms of driving.
This case is not only unpublished, it is also a per curiam opinion. That means, no one judge wrote the particular opinion. Also, because it is unpublished, its precedential value is different than published decisions. In the Fourth Circuit, unpublished opinions are not binding precedent. Before citing to this case in your advocacy, be sure to check the rules in your Circuit with respect to how unpublished decisions work.
Pfizer's worry about nonperformance is interesting. The ADA doesn't allow you to distinguish between non-performing employees and performing employees when it comes to deciding whether to grant reasonable accommodations. The only question is whether the person with a disability is a qualified individual. That is, does the person have a disability and is the person able to perform the essential functions of the job with or without reasonable accommodations. The level of performance has nothing to do with whether accommodations are granted and what type of accommodations would be granted.
Are we beginning to see a trend where the defense will argue from time to time that an accommodation is per se unreasonable? Only time will tell. As I mentioned in my last blog entry, I don't care for that argument because of the fact that most judges are going to be judges without disabilities and per se unreasonable absent the constrictions of the ADA may lead to an arbitrariness of results.
Filed Under: ADA, Federal Cases, Final Federal Regulations, General, Title I Tagged With: 29 C.F.R. § 1630.2, 42 U.S.C. § 12111, ADA, Characterizing essential functions, driving, essential functions, essential functions of the job, Fourth Circuit, Lyft, per se unreasonable accommodation, Pharmaceutical sales representative, reasonable accommodation, Stephenson v. Pfizer Inc., title I, Uber, undue hardship, Winston-Salem


Kerala Board of Higher Secondary Education was setup in year of 1990. Total numbers of 1907 higher secondary schools are functioning in the state of Kerala. Kerala State Board had already undertaken their HSC/HSE exam of year 2014. It is obvious that students' strength is huge and the figures are in Lacs. All appeared students are waiting for their Kerala HSC/HSE Results 2014. We too are waiting for the result to go LIVE. Kerala HSC/HSE 2014 Result will going to LIVE Today i.e. 13-May-2014. Appeared students can check their Kerala Board HSC/HSE result of 2014 year at keralaresults.nic.in. The students can also surf upon at IndiaResults.com to know their results stats.
IndiaResults as you all know is leading online exam result publishing units in India. We are premier result publishing unit of Kerala Board and will publish their Kerala HSE 2014 result when it will be live. We are team of professionals and you can expect great accuracy in our work. You can expect great competition among appeared students as the education standard of Kerala board is of high standard and students have to study and perform well to achieve good marks in subjects.
You can get your as well as your friend's Kerala HSC exam result 2014 on Kerala Board at IndiaResults.com by exploring our Roll no and Name wise section. Our name wise section is exclusive feature and one can check their Kerala HSC/HSE results in accordance with name. For further results notifications or updates regarding Kerala Board of Higher Secondary Education, stay connected with us at IndiaResults.com. Do not forget to subscribe with us via Mobile registration.
To get your Kerala HSC/HSE Results 2014, you can either check their official website or you can simply log on to IndiaResults.com. As you all know IndiaResults is leading exam result publishing network in India. Our servers are very fast and we do also provide name wise facility to check results. Stay updated with us for further notifications and updates regarding Kerala HSC/HSE Results 2014. Do not forget to subscribe with us via Mobile Registration.


Business to Business (B2B) prospecting is the pillar of lead generation. When prospecting for new business, the idea is to get as many quality prospects as possible, which requires you to be able to identify and target the right prospects. However, this prospecting strategy is not as easy as it sounds and is often an area of opportunity for B2B sales forces.
According to Technology Advice, 70 percent of marketers at B2B companies reported that "improving lead quality" was the primary concern. Also, 54 percent said getting more leads was a top objective as well.
When it comes to prospecting, B2B companies face a quality and quantity problem.
What is B2B Sales Prospecting?
B2B Sales Prospecting is the search for new business opportunities. Customers, clients, or buyers all start as prospects.
Saleshacker suggests that the sales rep can discover B2B sales prospects or, if the team is broken into different roles, by the business development reps. They will research about, communicate to, and engage the contact with the goal to qualify them as a potential customer.
Leads and prospects are often used interchangeably. However, they are not the same thing.
So, what is the difference between a prospect and a lead?
Leads: Potential customers that have engaged in a behavior that indicated interest in your product or service – visited your website, subscribed to a blog, or downloaded a gated resource.
Prospects: A lead becomes a prospect once you have qualified them and discovered that they fit the profile of your target customer. The term prospect can also be used to describe a potential customer that has little-to-no contact with the company.
Leads and prospects share the same goal. In both cases, the salesperson should nurture them through the sales process until they buy the product or service. However, this nurturing process is not as simple as it sounds.
The B2B buying experience has changed – 68% of B2B customers research products online before they ever speak to a sales rep.
More people are involved; often there are buying teams rather than one set buyer for a company. Forrester reports the average number of people involved in the decision-making process has risen to 7.
When prospecting for new business, salespeople need to consider these changes and adapt their tactics accordingly. The traditional prospecting strategy works but is not comprehensive enough to cut it in all situations. In other words, smiling and dialing is useful, but should not be the only strategy in your prospecting arsenal.
B2B sales prospecting is crucial to any organization. However, there is a significant problem most B2B companies face: sales professionals hate it.
HubSpot found that 42 percent of sales professionals say it is the most challenging parts of the sales process.
Prospecting is what fills the sales funnel. It has a direct causal relationship with top-line revenue. In other words, the success of your organization depends on how successful you are in prospecting for new business.
However, the dread might be based on misconception. Let's take at a few of the top prospecting myths.
We are going to address some common myths and share the data that debunks them.
This claim isn't valid. InsideSales.com research indicates that 54% of the buyers agreed to their most recent meeting based on a phone call from the seller. The RAIN Group Center for Sales research found that while email comes in first, 70% of potential clients connect with sales representatives over the phone.
Scripts help you have the right words at the right time. Instead of being impersonal, they help you find your way to making a personal connection. However, some salespeople don't believe in scripts because they think the pre-written lines get in the way of natural rapport building. Rapport building is crucial in cold calling, but a proper script will not interfere with your ability to make a connection with a prospect. Instead, it will help you find out what you need to know while you get to know your potential future customer.
Prospecting takes time, but not as much time if you have a system and the right tools in place. For example, a tool like SPOTIO will help you focus on the best targets that match your customer profile.
Buyers do want to hear about product features. Sales Hacker found 67% of buyers said that product descriptions influenced their decision to take a meeting.
Myth #6: Prospecting is a numbers game.
This myth could have substance if you are working with unqualified leads. However, if you have quality leads, you will move many more of them along the pipeline. The lesson here is that qualifying leads ensures your spending time on the right prospects.
Sure, the gatekeeper sometimes blocks your way. However, he or she is also your only potential ally when prospecting. Not only will the gatekeeper give you access, but they also help you position yourself for success. you must get the gatekeeper on your side.
Research: It is vital to know as much as possible as you can about the prospect.
Qualify: In this step, you want to know if the prospect is ready, willing and able to purchase.
Prioritize: Based on your qualifying step, you should divide prospects into high, medium, and low priority segments within your lead management system.
Prep Outreach: When you qualify, you will have identified some of your prospect's top pain points. Match these up with the prospect to enable personalization and foster engagement from the first contact.
First Touch: It is time to make contact. The goal is to build rapport.
Follow-up: This step can be under appreciated for its significance. However, when you do what you say you will do in the first touch, you begin to build trust with your prospect, an essential ingredient to getting the close and developing a relationship.
Track: Keeping records of what works and what doesn't helps you streamline your process and focus efforts on actions that yield results.
1. What led to the prospect saying no?
2. What features got the prospect to go with the competition?
3. Which part of your process has areas of opportunities?
4. Is there potential for a relationship later with this prospect?
5. Did they have a referral for you?
Document to Scale: Once you have identified a system that works, document it and systemize it for future prospecting efforts.
Let's explore the different ways you can prospect and engage B2B leads.
Also called canvassing, this method involves walking in and introducing yourself in person. Many times, door-to-door canvassing takes place in a geographic area or an office park. It can be useful because of the personal connection a face-to-face meeting can inspire.
For more information, check out this comprehensive door-to-door sales guide.
Cold calling is when you call a person you have not met to determine if they have any interest or need in your product or service. It is effective because you have direct contact with the prospect and can get immediate feedback. Plus, it can help create a personal connection.
Social selling uses social media to connect with potential customers. It can mean prospecting with connections on LinkedIn, Twitter, Facebook, or making videos on YouTube, to name a few.
Like cold calling, cold-emailing is when you email a person you do not have a relationship with to determine if they are a suitable prospect for you. With specific targeting and a particular message, you send emails to potential prospects to see if they respond. It is efficient and often bypasses gatekeepers. In addition, cold emailing gives the recipient an opportunity to you in their own time.
When the recipient has interacted with your company in some way, they are considered a warm lead. An example of a warm email is a follow up from a web inquiry or after an in-person interaction at a trade-show or conference. Response rates are higher because the prospect has met you in person and has already shown interest in your company's products and services.
Meeting people at industry events is an excellent way to find new opportunities for your sales funnel. The secret to this method is to socialize and network with people. Events are most useful for B2B prospecting when the attendees of the conference also match the target customer profile for your organization, e.g., the meeting is for dentists who want additional training for running their private practice, and you have a practice management software platform for dentists.
A physical message that you send to prospects is one of the three preferred methods of contact. From letters in an envelope to postcards and self-mailers, using the USPS can provide an excellent channel for your B2B prospecting strategy. Unlike cluttered online channels, direct mail stands out and catches the prospect's eye, which can lead to a warmer first contact.
A referral is a lead received from someone you know or have called upon. An excellent referral source is your current customer base. Ask customers whether they have any associates that would be interested in your product or services.
Spotio's Sales Prospecting Software helps you identify which prospects have the best chances of closing so you can spend the most time working the best opportunities.
How to use it: Three programs – Lead Targeting, Lead Management, and Calendar Integration – will help you target your best prospects, automate administrative tasks, and quickly schedule appointments through the CRM.
LinkedIn Sales Navigator makes social selling easy with sales tools that focus on helping you find the right prospects to build trusted relationships. Scale your social selling and start putting your sales' team network to work.
How to use it: The search features help you find the contact you need at the companies that are most relevant to your interest. The lead recommendation feature will give you suggestions for companies to pursue. The Customer Relationship Management (CRM feature) automatically saves your activity. The reporting features help you manage your sales funnel.
Sellhack is designed to find prospects, build lists for leads, confirm correct email address and work with Salesforce CRM.
How to use it: You build your list and then use their email verification software to send cold emails and follow-ups automatically. There is also a drip-marketing feature that stays in contact with potential prospects over time.
Hunter.io is an email finder that helps find any email address for a potential customer.
How to use it: You enter the name and company of the contact's email you are hoping to find, and it will tell you. The tool can also find email addresses in bulk.
Datanyze calls themselves the leader in technographics, which identifies and segments potential customers into market segments based on demographics, psychographics, and lifestyles for that group.
How to use it: Basically, it will alert you if any of your potential target customers are preparing to make a technology-based purchase by monitoring activity on mobile and web.
NerdyData.com give you lists of your competitor's clients by searching 65 million websites for a software or a source code.
How to use it: Use the results to give your team a list of target accounts, to advertise through platforms with a specific message against your competitor, ascertain market share for you and your competitors, and find websites that are using software when they should not be.
Salesforce describes itself as an all-in-one sales and service solution.
How to use it: Salesforce is at its heart a CRM that records all the data about interactions with your customers and can provide a snapshot of what's going on in your business.
How to use it: You can create a strategic territory centered around your target market, whether by zip code or by a neighborhood to maximize selling time and optimize potential for success.
Analyzing performance is critical.You need to know what's working, and, perhaps more importantly, what isn't. Here are three crucial metrics you should measure on a periodic basis.
Prospects. How many are you getting and how long does it take? You need these numbers as the baseline for the next two areas, and also to ensure that you are getting enough opportunities fast enough to get a response and fill that sales funnel.
Response Rate. How many of your contacts result in action from the prospect? You determine your response rate by dividing the number of people who answer by the total number of people you sent a query. When you have a response rate, you can see which tactics get the best response and if you need to widen the nets to get enough to fill the pipeline.
Prospect-to-SQL Ratio. How many of your prospects become sales-qualified leads (SQL)? Like a response rate, you divide the number of SQL you get by the total number of prospects you had. If you find that you have a low SQL ratio, you will likely need to change your prospecting parameters to optimize your time.
The better the prospecting, the fuller pipeline. B2B prospecting is challenging and it is essential to success.
The fact is that when it comes to how to prospect for sales, you have many channels and tools at your disposal. B2B sales prospects have ways they like to be contacted, namely email, direct mail, and phone calls. However, social selling and content marketing are highly effective as well.
The B2B prospecting tools we shared today can help streamline your time and maximize your results, like email finders or territory management systems that show you where to prospect. Combined with our 8-step system, you can improve your prospecting ratios and keep the pipeline full.
Altschuler, Max. "8 Updated B2B Sales Prospecting Strategies to Think About Now Before You Start Another Quarter." Saleshacker.com. 27 March 2018. Web. 17 December 2018. https://www.saleshacker.com/b2b-sales-prospecting/.
Elledge, Shawn. "Why B2B Sales Prospecting is So Damn Difficult—and How to Make it Easier." Broadsuite.com. 31 July 2017. Web. 17 December 2018. < https://broadsuite.com/why-b2b-sales-prospecting-is-so-damn-difficult-and-how-to-make-it-easier/>.
Wizdo, Lori. "The Ways and Means of B2B Buyer Journey Maps: We're Going Deep at Forrester's B2B Forum." Forrester.com. 21 August 2017. Web. 17 December 2018. < https://go.forrester.com/blogs/the-ways-and-means-of-b2b-buyer-journey-maps-were-going-deep-at-forresters-b2b-forum/>.
"Is 2017 the Year of Value Selling?" avitage.wittyparrot.com. Web. 17 December 2018. < https://avitage.wittyparrot.com/witlink/e18836b8-315d-489f-8dc6-962f2294a9c9/view>.
Levey, Steven. "Have You Adjusted to These Three Changes in The B2B Buying Process?" www.forbes.com. 22 May 2018. Web. 17 December 2018. < https://www.forbes.com/sites/forbesagencycouncil/2018/05/22/have-you-adjusted-to-these-three-changes-in-the-b2b-buying-process/#2d1fecffc445>.
Mehring, Jessica. "What is the Modern B2B Buying Process?" Snapapp.com. 11 July 2017. Web. 17 December 2018. < https://www.snapapp.com/blog/modern-b2b-buying-process/>.
"Part of the sales process reps struggle with." Research.hubspot.com. 7 February 2016. Web. 17 December 2018. < https://research.hubspot.com/charts/part-of-the-sales-process-reps-struggle-with>.
Stancu, Livia. "Sales Prospecting Myths Busted." Blog.insidesales.com. 5 February 2018. Web. 18 December 2018. < https://blog.insidesales.com/prospecting/myths-about-sales-prospecting/>.
"5 Sales Prospecting Myths Debunked." Pipedrive.com. Web. 18 December 2018. < https://www.pipedrive.com/en/blog/sales-prospecting-myths>.
March, Andrew. "10 Myths About Prospecting." Naturaltraining.com. 19 March 2015. Web. 18 December 2018. < https://www.naturaltraining.com/about/natural-difference/?doing_wp_cron=1545170583.5641059875488281250000>.
Schultz, Mike. "The Top Prospecting Methods (According to Your Buyers)." www.salesforce.com. Web. 18 December 2018.
"Sales Prospecting: A Comprehensive Guide." Blog.klenty.com. 15 October 2018. Web. 20 December 2018. https://blog.klenty.com/sales-prospecting/.


text:
Oil Declines With Focus On Stronger Dollar And China Outlook
Track the latest oil prices here.
Yongchang Chin &
Alex Longley
7:34 AM IST, 03 Jan 2023 5:18 PM IST, 03 Jan 2023 7:34 AM IST, 03 Jan 2023 5:18 PM IST, 03 Jan 2023
An oil refinery, operated by Bharat Petroleum Corp. Ltd., in Mumbai, India, on Saturday, Dec. 10, 2022. A senior official at India's oil ministry told reporters this month India has been buying oil from about 30 countries, and will continue to buy from anywhere including Russia beyond January. Photographer: Dhiraj Singh/Bloomberg
(Bloomberg) -- Oil declined under pressure by a stronger dollar, even as traders weighed the outlook for China as the world's largest crude importer reopens its economy.
West Texas Intermediate futures dropped as much as 1.8% to below $79 a barrel, giving up earlier gains. Global benchmark Brent also fell. The dollar rallied 0.9% to the day's high, making commodities priced in the currency less attractive.
In China, official data showed the economy ended the year in a major slump, and President Xi Jinping said that tough challenges remain. However, some measures of mobility in key urban areas have picked up in a sign that a wave of Covid infections may have peaked.
There are some signs traders have grown more optimistic about the market in recent days. Last week, money managers boosted net-bullish bets on Brent benchmark by the most since July 2021.
"The dollar jumped on the first real trading day of the year, which should limit a further rise in oil prices," said Jens Pedersen a senior analyst at Danske Bank.
Crude eked out a small gain in 2022 in a year that was marked by huge volatility. Prices surged in the wake of Russia's invasion of Ukraine, only to lose ground amid concerns about a global recession. In the new year, investors are tracking Russia's reaction to sanctions on its energy exports, the odds the Organization of Petroleum Exporting Countries and allies may cut supply again, and the fallout in China from its swift pivot away from Covid Zero.
Hedge fund trader Pierre Andurand has been among those forecasting a surge in oil demand if the world fully emerges from Covid restrictions. Consumption has been lagging long-term trends and may rise by 3 million to 4 million barrels a day in 2023, he said last week.
On Tuesday, WTI briefly traded above its 50-day moving average for the first time since November. A sustained move beyond that level could spur technical buying, though prices have subsequent slipped away from that marker.

redpajama_set_name: RedPajamaCommonCrawl


text:
We do speak english!
AVAILABILITY AND RESERVATION
SELECT HOUSE
France>Provence-Côte d'Azur>Bouches-du-Rhône>Verquières
Holiday House With Pool F13.056 > House Description
Number of persons:6-8
Category:4
Nîmes: 51 km
Marseille: 67 km
DISTANCE TO
Saint-R�my-de-Provence: 11 km
Cavaillon: 12 km
Avignon: 17 km
Arles: 35 km
We haven't received any comments on this hous yet.
Summary and reservation info: holiday house with pool in Provence-Côte d'Azur, department Bouches-du-Rhône
Category: Comfortable holiday house
SHOW ALL PICTURES
	ACCOMMODATION AND LOCATION
Fully detached holiday villa. There is a partly covered terrace. There is a private indoor swimming pool. Swimming pool dimensions 12 by 5,5 m. The interior is new and modern. The house is situated nice and central for exploring the region. There are a lot of characteristic villages in the area. The magnificent cities of Avignon, Orange and Arles are more than worth visiting. In terms of nature trips to le Camargue and Mont Ventoux are definitely recommended. In this region you can go walking to your heart's content. Extensive cycling opportunities (for the active cyclist!).
The accommodation:
Living room: (50 m2), sitting area, dining area, fireplace.
Kitchen.
Bedroom 1: (15 m2), double bed: length 2.00 m, width 1.60 m.
Bedroom 3: (12 m2), single bed 1: length 2.00 m, width 1.00 m. single bed 2: width 0.90 m.
Bathroom 1: 1 shower(s), 2 washbasin(s).
Bathroom 2: 1 shower(s).
Number of separate toilets 2.
Cooking rings: 4 induction cooking rings. Fridge: with freezer compartment. Dishwasher. Washingmachine. Tumble dryer. Oven. Microwave. Television: satellite. Internet connection: Wifi. Childrens bed. Highchair. Air conditioning.
Garden: (1500 m2), The garden is enclosed. Patio: partially covered. Parking: on the grounds. Swimmingpool: (12 x 5.50 m), The pool has a depth of: going down from 0.90 metre untill 1.70 metres. The pool is open: from 25/4 until 10/10. The pool is secured: by an alarmsystem, by an extensible covering. The pool is covered by a roof, The pool is heated, The pool is filtered: with chlorine.
Garden furniture. 7 Relaxing chair(s): at the pool. Gas barbecue.
Currency converter: AUDCADCHFDKKEURGBPNOKSEKUSD
Please note that the rental contract will be put up in euro. These are fixed prices. Other currency rates are subject to changes.
PERIOD 2020
PAYABLE THROUGH BASIC TRAVEL.
Safety deposit: € 1500,-.
Final cleaning: € 95,-.
REMARKS .
Bed linen included.
Towels included.
Energy costs: included in the price.
weeks1 week2 weeks3 weeks4 weeks
25 January 2020 1 February 2020 8 February 2020 15 February 2020 22 February 2020 29 February 2020 7 March 2020 14 March 2020 21 March 2020 28 March 2020 4 April 2020 11 April 2020 18 April 2020 25 April 2020 2 May 2020 9 May 2020 16 May 2020 23 May 2020 30 May 2020 6 June 2020 13 June 2020 20 June 2020 27 June 2020 4 July 2020 11 July 2020 18 July 2020 25 July 2020 1 August 2020 8 August 2020 15 August 2020 22 August 2020 29 August 2020 5 September 2020 12 September 2020 19 September 2020 26 September 2020 3 October 2020 10 October 2020 17 October 2020 24 October 2020 31 October 2020 7 November 2020 14 November 2020 21 November 2020 28 November 2020 5 December 2020 12 December 2020 19 December 2020 26 December 2020 2 January 2021 9 January 2021 16 January 2021 23 January 2021 30 January 2021 6 February 2021 13 February 2021 20 February 2021 27 February 2021 6 March 2021 13 March 2021 20 March 2021 27 March 2021 3 April 2021 10 April 2021 17 April 2021 24 April 2021 1 May 2021 8 May 2021 15 May 2021 22 May 2021 29 May 2021 5 June 2021 12 June 2021 19 June 2021 26 June 2021 3 July 2021 10 July 2021 17 July 2021 24 July 2021 31 July 2021 7 August 2021 14 August 2021 21 August 2021 28 August 2021 4 September 2021 11 September 2021 18 September 2021 25 September 2021 2 October 2021 9 October 2021 16 October 2021 23 October 2021 30 October 2021 6 November 2021 13 November 2021 20 November 2021 27 November 2021 4 December 2021 11 December 2021 18 December 2021 25 December 2021
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Mississippi Lyft Driver Kidnapped, Shot Seven Times By Passenger
Jake Published: November 5, 2021
Getty Images for Lyft
According to one report, a Mississippi Lyft driver was shot seven times after being called for a ride and subsequently robbed. The suspect later admitted to the crime and was arrested, but not before shooting the driver who is now in the hospital recovering.
Lyft Amp
(Photo by Kelly Sullivan/Getty Images for Lyft)
WDSU News says that 36-year-old Brandy Littrell picked up a passenger from an apartment complex in Byram, MS. Shortly after picking up the passenger, he pulled out a gun and took control of the vehicle, kidnapping Littrell.
The suspect, 17-year-old Dontarius Magee, made multiple demands of the driver including supplying her PIN number, debit cards, and also asked what was in her house per the reports.
After Magee got what he wanted out of Littrell, he brought her to the woods where he told the driver to get on her knees and proceeded to shoot her seven times.
Lyft Lounge at Sundance Film Festival 2018
Miraculously, Littrell survived the gun shots and was able to make her way to a nearby apartment where she got help. She is now in the hospital recovering from her injuries.
Magee was arrested by Jackson Police and charged with carjacking, kidnapping, and aggravated assault. He is in jail without bond and through interviews with authorities, it is reportedly believed that this wasn't the first instance where Magee has committed this type of crime.
See the full report from WDSU News on Facebook below.
25 True Crime Locations: What Do They Look Like Today?
Below, find out where 25 of the most infamous crimes in history took place — and what the locations are used for today. (If they've been left standing.)
Filed Under: lyft, mississippi
Mississippi Man Steals Police Car, Drives to Crowley, and Gets Arrested
The Story Behind the Incredible Angel Trees of Bay St. Louis
Record-Breaking Alligator Captured in Mississippi, Could Be 100 Years Old
Did You Know That There Are Now More Breaux Bridges in Mississippi Than There Are in Louisiana?
Buc-ee's Plans to Open Next Store in Mississippi, Not Far From New Orleans
Mississippi Casino Now Only Permits Those 21 and Over on Premises
Louisiana Toddler Tragically Drowns at Margaritaville in Biloxi
Arabi Elementary Items Found in Mississippi After Tornado
It's Now Official — Mississippi Is Getting Its First Buc-ee's


text:
Q: Why doesn´t collect my content resolver all songs/files? I´m building a music player with the media player in Android Studio. It works, but there´s one problem: At the beginning the method getMusic() (shown below) is collecting all the information (title, artist, path) of my music files in a certain folder, but when its finished my array list only contains 7 songs, but in my folder there are 16 songs. So why doesn´t my content resolver get all files?
All these files on my mobile phone are ok and not broken.
Hopefully, someone has an idea, thanks!
public void getMusic() {
    ContentResolver contentResolver = getContentResolver();
    Uri songUri = MediaStore.Audio.Media.EXTERNAL_CONTENT_URI;
    String[] projection = {MediaStore.Audio.AudioColumns.DATA, MediaStore.Audio.AudioColumns.TITLE, MediaStore.Audio.AudioColumns.ALBUM, MediaStore.Audio.ArtistColumns.ARTIST,};
    Cursor songCursor = contentResolver.query(songUri, projection, MediaStore.Audio.Media.DATA + " like ? ", new String[]{"%/storage/emulated/0/Download/Music/%"}, null, null);
    Log.e("COUNT", "" + songCursor.getCount());

    if (songCursor != null && songCursor.moveToFirst()) {
        int songTitle = songCursor.getColumnIndex(MediaStore.Audio.Media.TITLE);
        int songArtist = songCursor.getColumnIndex(MediaStore.Audio.Media.ARTIST);
        int songPath = songCursor.getColumnIndex((MediaStore.Audio.Media.DATA));

        do {
            String currentTitle = songCursor.getString(songTitle);
            String currentArtist = songCursor.getString(songArtist);
            String currentPath = songCursor.getString(songPath);
            Uri uriSong = MediaStore.Audio.Media.getContentUriForPath(currentPath);

            // Testing purposes
            Log.e("TEST", "Name: " + currentTitle + " Artist: " + currentArtist + " Path: " + currentPath + uriSong.toString());

            songList.add(new Song(currentPath, "Artist", currentPath));
        } while (songCursor.moveToNext());
    }
    songCursor.close();
    Log.e("LIST", "" + songList.size());
}

A: Ok, well... the solution is very simple:
I copied the songs from my cloud to my mobile device. Never used another way, because it worked at the beginning.
Today I justed picked a USB-C adapter with an usb stick and copied the songs onto that stick and from this stick onto my mobile device. And thats it. The cloud was the problem.

redpajama_set_name: RedPajamaStackExchange


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Angaga Island resort and spa is located in the heart of south Ari Atoll. South Ari Atoll is mostly known for its rich marine life with best diving points. The island is surrounded by white powdery sandy beach and crystal clear water lagoon and a house reef full of colorful fish species which is heaven for snorkeling and diving. The size of the island is approximately 42372 square meters. Distance from Male airport is about 85 km and it takes about 25 minutes to reach the island by seaplane or 20 minutes to nearest Domestic Maamigili Airport followed by a 25 minutes speed boat ride to the Island.
A perfect pitch of white sand beneath your feet, your home enclosed with tropical palms, azure and crystal clear blue waters to peer up on where the sun always smiles.
The resort has magnificent house reef for snorkeling and is accessible by the main jetty. Look out of schools of snappers, soldierfish, batfish and many more.
The reef is frequented by stingrays, sharks and turtles and it is very likely that you come across them while snorkeling or diving around the reef.
A perfect patch of white sand where you can relax under rustling palms, to the sound of waves and gaze at horizons of blue.
50 Maldivian types of thatched, detached beach bungalows, 20 water bungalows and 20 superior water bungalows allowing to have the best views of serene waters.
The island providing guests the ultimate satisfaction in barefoot luxury with palm fringed beach and shimmering lagoon that offers the perfect island holiday for everyone…, couples, honeymooners and families. Discover the pristine underwater world and colorful marine life. Restaurant and bars offer an array of local and international cuisines.
Unleash yourself with the relaxing lush services from our Duny Thai Spa and including the water sports center making Angaga the ideal destination for your holiday.
Dedicate your lives to each other with a romantic union set in paradise. Celebrate the wedding of your dreams in a nuptial ceremony fused with elements of the ocean, sand and sky, as everlasting as love itself.
A destination wedding like no other awaits at Angaga Island.


text:
package com.commercehub.bamboo.plugins.grailswrapper;

import com.google.common.base.Function;
import org.jetbrains.annotations.NotNull;

import javax.annotation.Nullable;

class StringPrependFunction implements Function<String, String> {
    private final String toPrepend;

    StringPrependFunction(@NotNull String toPrepend) {
        this.toPrepend = toPrepend;
    }

    @Override
    public String apply(@Nullable String input) {
        if (input == null) {
            throw new NullPointerException("Null arguments not supported");
        }
        return toPrepend + input;
    }
}

redpajama_set_name: RedPajamaGithub


Fan Daiming, male, Han nationality, is a native of Chongqing Municipality. He was born in 1953, joined the PLA in 1972, graduated from The Third Military Medical University in 1978, graduated from The Fourth Military Medical University with a Master Degree in 1982, and a Doctorate Degree in 1989. He is President of The Fourth Military Medical University since 2007. In 2010, he was elected as Vice-President, Chinese Academy of Engineering.


CORP Author Assembly of Life Sciences (U.S.). Subcommittee on Airborne Particles.
Collation viii, 554 pages : illustrations, map.
Collation viii, 554 p. : ill., map.
Main Title Alcohol and Highway Safety. (L'Alcool et la Securite Routiere).
Main Title Algae and Water Supplies in the Sao Paulo Area.
CORP Author Robert A. Taft Sanitary Engineering Center. Cincinnati, Ohio.
Main Title Alpine Vegetation Workshop: Response of Alpine and Subalpine Plant Species to Changes in Atmospheric N Deposition, November 6th-7th, 2008.
CORP Author E and S Environmental Chemistry, Inc., Corvallis, OR.; National Park Service, Washington, DC.; Environmental Protection Agency, Washington, DC.
Main Title Ambient air quality monitoring and health research : summary of April 16-17, 2008 workshop to discuss key issues.
Subjects Air quality management--United States. ; Air quality--Standards--United States. ; Particulate matter--Standards--United States.
Collation 1 v. (various paging) ; 28 cm.
Main Title Ambient Water Quality and Shellfish Tissue Monitoring in New Hampshire Estuaries 2001 and 2002. Final Report.
CORP Author New Hampshire Dept. of Environmental Services, Concord.; Environmental Protection Agency, Washington, DC.


text:
In the central Syrian Desert, 235 km north east of Damascus; Palmyra is one of the great sites of the ancient world. The remains of this oasis city seem suspended in time in this harsh desert environment. An elusive and highly romanticized goal of European travelers over the centuries, even today a visit to Palmyra is an experience which alone makes the trip to Syria worthwhile.
It was settled as long ago as the end of the 3rd millennium BC and is mentioned in archives of the period from Mari (18th century BC) and as far away as Kultepe (in Cappadocia, modern Turkey). The Semitic name Tadmor is mentioned in Assyrian archives and is listed in the Bible as within Solomon's sphere of influence though the reference is based on a confusion of the name with Tamar in the Judaean desert.
The early Romans found Palmyra an elusive prize. In 41 BC, Anthony attempted to seize its riches but arriving in the oasis found it deserted by its inhabitants and thus devoid of booty. It was probably integrated into Province of Syria by the reign of Nero (54 - 68).
A coalition of Arab interests was formed between Homs and Tadmor to secure a new short-cut across the desert. It was an instant success. Much of the trade between the Mediterranean and the east - India Trans-Oxiana and China - flowed through Palmyra.
At the height of its prosperity in the 2nd century, Palmyra was a center rivaling Antioch, at least in economic importance, perhaps the most active entrepot in the eastern Empire. It was particularly favored by Hadrian during his tour of the eastern provinces in AD 129, being declared by him a free city and renamed Palmyra Hadriana. In 194 the city was transferred to the new province of Syria Phoenice. The city was declared a Roman Colony under Caracalla reign in 212.
The Palmyrene economy suffered from the Sasanian seizure of the territory at the mouth of the Tigris/Euphrates from where Palmyra had previously controlled traffic on the Indian Ocean thus securing the cross-desert caravan trade at its source.
Rome was happy to encourage Odenathus. In 266/7, Odenathus campaigned as far as Ctesiphon on Rome's behalf. That, on the other hand, saved Roman ambitions in the east. Palmyra's ambitions were to assert themselves even more aggressively after the murder of Odenathus in 267/8 during the regency of his wife, Zenobia, on behalf f her son, Vaballath. She asserted Palmyrene power westward, taking Bosra and venturing as far as Egypt in 269-70. Anatolia followed and she began squeezing Antioch from 270. She seemed to enjoy sharing the Roman world with the new Emperor, Aurelian; she would reign in the east, leaving the western Mediterranean provinces to him. It got out of hand for Romans; Aurelian met the mew challenge as a cavalry man. He recovered Anatolia and Antioch and defeated a large Palmyrene force outside Emesa (Homs). Then she went to attack Palmyra. Queen Zenobia attempted to flee eastwards n a dromedary but was captured by the Romans trying to cross the Euphrates. She was taken back to Aurelian camp where she formally surrendered Palmyra to the Emperor. She was later taken to Rome in Sumptuous bondage, when she poisoned herself to avoid humiliation. Then Aurelian went back to Palmyra and made his troops massacre indiscrimination and to sack much of the city. Even the Bel Temple was pillaged, its treasure confiscated.
In the Byzantine period, several churches were constructed in the northern area and the walls further strengthened under Justinian though much of the city was by then in ruins. Khalid Ibn al-Walid took it in 634, but it played only a minor role in the Islamic period later.
A lot of monuments are waiting to be visited in Palmyra:
* Temple of Baal-Shamin:
(lord of the Heavens in the Semitic pantheon responsible for rain and thus fecundity). The first work in the temple dates from the early 1st century AD, and many adjustments has been made since then and kept improving till the 3rd century AD under the rule of Othenadus.
* Temple of Bel: This stands in an enormous compound (205m by 210m) at the East end of the main colonnaded street. The temple is certainly the most important religious building of the 1st century AD in the Middle East and is one of few to survive. The complex was built in several stages.
* Nabu (Nebo) Temple: Just after the monumental entrance arch of the colonnaded street to the west, the temple of Nabo measures 20m by 3m with bases of the surrounding colonnade, forming a trapezoid. The plan is basically Eastern in inspiration, and the scale is much smaller than that of the Bel temple. Nebo was a Mesopotamian god of wisdom and oracles, equated with the classical god Apollo, which dates the temple to the last quarter of the 1st century Ad, with work continuing on the surrounding complex until the 3rd century.
* Diocletian's Camp: The camp covers the area face of a funerary temple, commonly called Diocletian's camp (originally constructed in the 2nd century). After about 300m, one can see the remains of another columned avenue leading to the right. This was principal axis of Roman camp constructed by Sosianus Hercules, Governor of Syria under Diocletian (r 284-305).
* Zenobia Baths: On the right of the colonnaded street, by four monolith columns from Egypt, with red granite jutting from the line of arcading. The baths (which existed for almost a century before being provided with a more sumptuous entry attributed to Emperor Diocletian) have an outline which can be traced in the foundations, including the surviving columns of the atrium style.
* The Folklore Museum: The Popular Museum of Folklore is located in an Ottoman Khan close to the Bel Temple, with a great many pieces of Palmyra folklore. There one can find a Bedouin tent with carpets made of wool used in decorating the walls and the ground. In addition to that we can clearly see all materials related to the preparation of Arabic coffee, for example the coffee kettle and an Arabic musician's tools called the Mehbaj. Finally, one comes to the hall of the museum, with traditional weaponry used in the past, belonging to many historical ages, but particularly relating to the Islamic age, such as swords and helmets
* The Colonnaded Street: serves as the main axis of the Roman city running 1.2 km approximately north west/south east in its orientation. It holds the monumental arch, an achievement of considerable architectural interest. Just after the arch you'll see Temple of Nebo or Nabu. At the end of the colonnaded street there are the Roman shops and the camp of Diocletian.
* The Theater:
gave little hint that it was once in the same league as several other major examples in Syria (Apamea, Bosra, Cyrrhus) in terms of size. The theatre dates to the first half of the 2nd century Ad, with the usual facilities for crowd handling and rooms for the actors. The theatre has been restored up to ninth row of seating. The central doorway is set in a half-oval instead of the usual half-circular exedra and there are five doorways leading behind the stage instead of the usual three.
* The Agora: Located to the west of the theatre, this large rectangular (48m by 71m) enclosure dates from the first part of the 2nd century AD and has been extensively restored since its excavation in 1939-40. The open space was surrounded on four sides by columned porticos, and the walls decorated with windows with richly decorated triangular pediments. The usual statues of local dignitaries are found on the columns and walls (200 in total in this space). The doorway to the Tarrif Court to the east was known as the Senators` gate and was decorated with statues of the family of Emperor Septimus Severus (Emperor 193-211).
* The Tarrif Court: Immediately to the east of the agora is a large courtyard area known as the Tarrif Court in which an inscribed stone was found setting out a decree of 137AD listing the Palmyrene tariff arrangements (now in the Hermitage Museum, St Petersburg). It seems reasonable to deduce that it was here that caravans paid the taxes required under the tariff arrangement. In the South West corner of agora are the remains of a banquet room (triclinium) with benches for reclining guests around the wall.
* The Tetrapylon: At the end of the Colonnaded Street stood the four of sets of four columns which mark the major crossing point, in an oval place. Reconstructed by the Syrian Antiquities Department from 1939, this comprises a stepped platform on which are the columns, each standing on a plinth and topped by an entablature. Statues originally stood in each of the groupings. The columns were of pink granite from Aswan in Egypt but only one has survived. The modern reconstruction is based on compounded concrete substitutes.
* Valley of the Tombs: Palmyrene tower tombs are located in a valley that is named after them (valley of tombs), they are in 3 types of the underground chamber "hypogeum", the combination of "hypogeum" and tower and a house or temple tombs (also called tower tombs). The Valley of the Tombs spreads west from Jebel Husseiniye behind Diocletian's camp and stretches 1 km down a barren and forbidding valley. It is an eerie sight at the best of time, even more so under moonlight or at first or last light. There are the underground tombs to the northern slopes of the hill. To the south of Jebel Husseiniye is a group of tower tombs spread out along the edge of the valley. To their east we find Tower Tomb of Kithoth, built
in AD 40 and standing 10 m high. A relief of a burial feast carved into a niche of the eastern façade is the earliest example found at Palmyra and shows the Parthian rigidity of style later softened by Roman techniques. The most prominent of the tombs along the slopes of Umm al-Belqis, another hill near the Jebel Husseiniye, is the Tower Tomb of Iamliku (Yeliku AD 83), a handsome and imposing family tomb on the right of this grouping. Another group of tower tombs called Tower Tomb f Ellabel and his three brothers.
Qalaat Ibn Maan (Fakhr al-Din al-Maani citadel)
Come to Syria
www.cometosyria.com


text:
COVID: German health chiefs call for stricter curbs
The fourth wave of the coronavirus pandemic has sparked fresh calls for tougher measures for unvaccinated people to prevent hospitals from being overwhelmed this winter. Germany this week saw a record daily caseload.
Some restaurants have implemented a '2G' rule, requiring patrons to be either vaccinated or recovered from COVID
The German Medical Association on Saturday called for stricter curbs to stem the spread of COVID-19 this winter.
The organization's president Klaus Reinhardt said only those vaccinated or recovered from the coronavirus should be allowed to visit restaurants, bars and cinemas — the so-called "2G" rule.
He said unvaccinated people should, if necessary, be temporarily subject to lockdown measures as the country faces a fourth wave of the pandemic.
"When it comes to securing inpatient care, I think these measures are justified. After all, it is mainly unvaccinated people who have to be treated for severe COVID infections in hospitals," Reinhardt added.
Lockdown for unvaccinated?
Karl Lauterbach, the center-left Social Democrats' (SPD) health spokesman, backed up the call for unvaccinated people to face stiffer curbs.
He said they should be prevented from anything that isn't part of their daily needs, like grocery shopping or visiting drug stores.
Germany's controversial COVID-19 rules
Fresh concerns have been voiced about the availability of intensive care beds for seriously ill COVID patients in the same week that Germany's virus caseload hit a record daily high.
Uwe Janssens from DIVI, the German Interdisciplinary Association for Intensive Care and Emergency Medicine, told public television channel Tagesschau24 that there were only 20 ICU beds free in the city of Munich.
Nationwide, there are currently almost 2,300 COVID patients in intensive care wards.
Janssens warned that just under half of patients in ICU are under 60 years of age and most are unvaccinated.
Unvaccinated key workers face new pressure
Meanwhile, the doctors' union, Marburger Bund, has spoken out in favor of job-related vaccination requirements.
At its general meeting, delegates said they think medical staff, those that work in elderly and nursing homes, schools and day care centers should be obligated to get vaccinated.
Without the rule, health experts think that many vulnerable groups will be put at higher risk of contracting COVID.
On Friday, Health Minister Jens Spahn announced that booster vaccine shots will be offered to all, and not just to those over 60.
"Boosters after six months should become the rule, rather than the exception," he said, but that priority should go to the elderly and care workers.
How should Germany react to the worsening COVID situation?
Saxony takes lead in new curbs
On Monday, Saxony will become the first German state to implement the so-called 2G rule for entry restaurants, clubs or leisure and cultural facilities.
A similar rule will come into force in Austria from Monday.
Most of Germany is currently operating under the "3G" rule, which also includes those who test negative for COVID, but to varying degrees of rigidity.
Author Nik Martin
Keywords COVID-19, coronavirus pandemic, unvaccinated people, COVID pass, intensive care
Permalink https://p.dw.com/p/42fIa


Broom Bezzums, England's 'accidental folk ambassadors' in Germany, will be sweeping into the UK next month for a rare tour of their homeland.
Often dubbed 'Germany's most famous English folk band' Andrew Cadie and Mark Bloomer will bring their exuberant music home for an eight-date tour which includes a visit to The Conquest Theatre in Bromyard.
Andrew and Mark, originally from Northumbria and the Black Country respectively, earned their stripes busking round Europe and are now firmly established on the German acoustic circuit and both married to German women.
Formed in 2006, their infectious music, narrative songs, political edge and quirky humour have proved a big hit in their adopted land, where they sometimes sing in German and have been playlisted on several national radio stations, as well as working with the likes of Show of Hands and Jez Lowe.
Based on Anglo-Celtic traditions, their sound features two distinctive voices, contrasting songwriting approaches and multi-instrumental skills. Andrew plays the Northumbrian pipes of his homeland while is deft fiddle playing is influenced by neighbouring Scottish styles.
Mark, formerly drummer with British rock band Babylon Zoo, learned to play both guitar and mandola as a stalwart of the Cork session scene.


text:
Attribution of extreme weather events in the context of climate change
Home/Environment/Climate Change/Attribution of extreme weather events in the context of climate change
WASHINGTON — It is now possible to estimate the influence of climate change on some types of extreme events, such as heat waves, drought, and heavy precipitation, says a new report from the National Academies of Sciences, Engineering, and Medicine. The relatively new science of extreme event attribution has advanced rapidly in the past decade owing to improvements in the understanding of climate and weather mechanisms and the analytical methods used to study specific events, but more research is required to increase its reliability, ensure that results are presented clearly, and better understand smaller scale and shorter duration weather extremes such as hurricanes and thunderstorms, said the committee that conducted the study and wrote the report.
"An increasingly common question after an extreme weather event is whether climate change 'caused' that event to occur," said committee chair David W. Titley, professor of practice in meteorology and founding director of the Center for Solutions to Weather and Climate Risk at the Pennsylvania State University. "While that question remains difficult to answer given all the factors that affect an individual weather event, we can now say more about how climate change has affected the intensity or likelihood of some events."
Read more at EurekAlert
Act Now to read the National Academies Press
Attribution of Extreme Weather Events in the Context of Climate Change (2016)
An interview with Michael Jayawardana, Assistant General Manager at Mitsubishi Corporation, Sri Lanka
The Importance of Environmental Practices in Poverty Alleviation
Life and Death in Our Hot Future Will Be Shaped by Today's Income Inequality
Climate change and COVID-19: The denial playbook is the same
Potentially fatal combinations of humidity and heat


text:
Ann Romney Has Struggled
Ann Romney went on Fox News today to set the record straight about her husband's commitment to women and her own hard work as a mother, rebutting Hilary Rosen's CNN comments that she never worked a day in her life.
By Alexander Abad-Santos
Ann Romney went on Fox News today to set the record straight about her husband's commitment to women and her own hard work as a mother, rebutting Hilary Rosen's CNN comments that she never worked a day in her life. Romney spoke to Fox's Martha MacCallum this morning, which she had touted on her brand-new Twitter account.
I'll be with @marthamaccallum this morning at 10:40 discussing Hilary Rosen's comments. All moms are entitled to choose their path.
— Ann Romney (@AnnDRomney) April 12, 2012
That tweet would be a preview of Romney's talking points. "My career choice was to be a mother, and all of us need to know that we need to respect choices that women make," Romney said, sticking to a tried and true Republican talking point and no, she's obviously not talking about that type of choice. "[Rosen] should have come to my house when those 5 boys were causing trouble … it wasn't so easy."
And about her gilded, Cadillac-driving life? "Maybe I haven't struggled as much financially as some people have, but I can tell you, I've had struggles in my life," she said (without naming actual specific struggles).
Fox has jumped on Ann's career choice, using this image on their frontpage (so many blue checkered shirts in so many sizes), nevermind that it sort of insinuates that a woman's primary job is to breed:


Watchfire's standard resolution displays are best suited for faster traffic locations that are farther from the roadway and are higher above grade.
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