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Meet Barty From Nigeria, started playing football end of sophomore year in high school, got offered to play at Ndsu, went through the covid year, got his masters while playing ball at UND and is now a commercial lender at First Western Bank in West Fargo. This was an awesome episode with a lot of laughs. Full episode will be out Friday. IG: https://www.instagram.com/barty.ogbu?igsh=MTlwbmNmbDh1dnRtZA==LinkedIn: https://www.linkedin.com/in/bartholomew-ogbu-30237b206?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_appX: https://x.com/ogbub1?s=21&t=xLJ9LjNlSt8UcMxgVossHASupplements: https://ep-nutrition.com/?aff=7910 use discount code: cwahlo for 10% off. IG: @chiseleddadbod Snapchat: @chiseleddadbod L inked in: http://linkedin.com/in/cooper-wahlo-jr-79a7b0223 Twitter: @chiseledadbod YouTube: https://m.youtube.com/channel/UCAaGVd9FeTNIOql5lGaXOTA?sub_confirmation=1 TikTok: @chiseledadbod Facebook: Cooper Wahlo Jr https://www.arbonne.com/us/en/shop-all/nutrition/energy/daily-glow-%26-energy-bundle/p/1114%20UShttps://www.arbonne.com/us/en/arb/LindsayWahlo/shop-all/nutrition/weight-management/30-days-to-healthy-living-set-with-greensynergy-elixir/p/1230%20US
In this episode, Steele Clark Smith III shares his personal story of battling a rare disease and turning to medical cannabis for relief. His journey includes pioneering safe access for medical cannabis patients, asserting the 10th Amendment in his seven-year legal battle, and developing Idrasil, a dosable cannabis product for the medical community. Steele's narrative underscores his relentless fight for patients' rights, the challenges he faced against federal law, and his vision for integrating cannabis into mainstream medical practice. Episode Highlights: 02:39 Steele's Medical Journey and Discovery of Cannabis 09:23 The Birth of a Cannabis Business 14:24 Legal Battles and the 10th Amendment 17:05 The Role of Faith and Perseverance 24:27 Developing Idrasil and the Future of Medical Cannabis 37:13 Challenges and Progress in the Cannabis Industry Steele Smith III is at the center of a landmark federal medical marijuana case, the first to allow a medical defense based on state law. Diagnosed with the rare disease Zollinger-Ellison syndrome, Steele battled severe pain and opioid addiction before discovering medical cannabis as a life-saving alternative. Alongside his wife, Theresa, he co-founded California Compassionate Caregivers to provide safe access for patients. Their efforts led to a federal indictment, a violent DEA raid, and years of legal battles. In 2012, their case was dismissed, marking a historic moment for states’ rights and medical marijuana advocacy in the U.S. Connect with Steele:
Rachael Camp, founder of Camp Wealth and host of the Becoming Work Optional podcast, shares her journey from the corporate world to building a thriving financial planning practice. She reveals how she leveraged Twitter and LinkedIn to grow her brand and client base, emphasizing consistency, engagement, and staying authentic in a crowded space.She also breaks down the business side of financial advising from lead generation to relationship-building and explores the path to a work-optional lifestyle. If you are looking for insights on entrepreneurship, social media strategy, and financial independence, this episode is packed with practical advice.Rachael's Social:https://www.linkedin.com/in/camprachael?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_appX: camp_wealth
Simplify your financial advisory business with insights from Sara Grillo. Known for her no-nonsense approach, Sara shares how clear communication and transparency can set you apart as a fee-only advisor. Learn practical tips for cutting through jargon, creating SEO-friendly content, and building stronger client connections.Discover how to use LinkedIn effectively without resorting to the hard sell. Sara breaks down straightforward steps to connect with potential clients, from filtering connections to crafting genuine outreach messages. It's all about focusing on service, not sales, to build lasting relationships.We also explore how educational content is reshaping the financial services industry. Sara offers advice on overcoming self-doubt, committing to continuous learning, and navigating client interactions with confidence. Whether you're exploring new opportunities or looking to improve your practice, this episode is packed with actionable strategies to help you succeed.Sara's social:https://www.linkedin.com/in/sgrillo?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_appX: @grilloinvest
"Everyone just gets gravity. Everyone gets the protocol and we all live within that. And that's a rule without rulers. And I think Bitcoin is like gravity where it's just everyone gets free and open source money. Everyone gets programmable money, programmed and designed to maintain its purchasing power. And that's a rule."On this Bitcoin Talk episode of THE Bitcoin Podcast, Walker talks with Adam O'Brien, the founder & CEO of Bitcoin Well. We talk about Adam's experience getting debanked by every bank in Canada, why fiat absolutely sucks, financial censorship, short-term fiat thinking vs long term bitcoin thinking, the political implications of separating money from state, the Bitcoiner ethos, family, why you need Bitcoin, and a whole lot more.SHOW NOTES: https://bitcoinpodcast.net/words/f/adam-obrien-why-everyone-needs-bitcoinADAM'S LINKS:Nostr: adam@btcw.appX: https://x.com/adamobrien_*****THE Bitcoin Podcast Partners -- use promo code WALKER for...> bitbox.swiss/walker -- 5% off the Bitcoin-only Bitbox02 hardware wallet.> EFANI: Protect yourself from SIM swap attacks – go to https://www.efani.com/walker and it'll automatically apply the promo code WALKER getting you $99 OFF.> Cloaked Wireless: 25% OFF eSIM or physical SIM cards and protect yourself from SIM swap attacks.*****If you enjoy THE Bitcoin Podcast you can help support the show by doing the following:Subscribe to THE Bitcoin Podcast (and leave a review) on Fountain | Apple Podcasts | YouTube | Spotify | HIGHLIGHTER | EVERYWHERE ELSEFollow me (Walker) on Twitter Personal (@WalkerAmerica) | Twitter Podcast (@TitcoinPodcast) | Nostr Personal (walker) | Nostr Podcast (Titcoin)
In this episode, we introduce Eric Zuley.Eric is a 22 time award winning entreprentainer and bestselling author of The Influence Effect with contributors in the book like Sharon Lechter, Sir James Dentley JD3TV, Kate Linder from Young and The Restless, Frank Shankwitz Creator of the Make A Wish Foundation just to name a few. He is the founder/CEO of eZWay Network which is the hub for his promotions agency, tv, podcast network, magazine, social network and directory reaching millions. With over 2500 high quality happy members. Mr Zuley has been seen on NBC, Fox, ABC, CBS, TMZ, Washington Times, E! And has been featured in over 13 magazine covers like Hollywood Weekly Magazine, Influential People, Your Success, just to name a few… Eric hosted The EZ Show which produced 52 episodes and EZ TALK LIVE with 99 episodes which has been viewed on KDOC, KXLA, Roscoes Chicken and Waffles TV and more! Eric has over 22 years of experience promoting and branding businesses and now created a simpler way to automate it. Eric has interviewed over 4000 celebrities and spoke on over a hundred stages, some of which was shared with Les Brown, Brian Tracy, Forbes Riley, Sharon Lechter, Jeff Hoffman, Omar Periu, Kevin Sorbo and many more. Eric has mastered the art of turning content into cash, data into dollars and relationships into results! Eric's Links:Instagram:https://instagram.com/ericzuley?igshid=OGQ5ZDc2ODk2ZA==Facebook:https://www.facebook.com/ezuley?mibextid=LQQJ4dLinkedIn:https://www.linkedin.com/in/ericzuley?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_appX:https://x.com/ericzuley?s=21&t=_lEekR6HRkleOrJcikdYNgYouTube:https://www.youtube.com/@ericzuleyTikTok:https://www.tiktok.com/@ericzuleyLearn more about the Multisolutions Hub Eric has designed architect and launched for the entrepreneur that over 4500 members are using everyday at https://ezwaynetwork.comConnect with and learn more from:Alex Lianne CarterWebsite | Instagram | Facebook | LinkedIn | Join the CommunityCarol RegisterTwitter | Instagram | Facebook | LinkedIn | Join the Community And remember to... Grab Your Top Productivity Hacks for Female Leaders
Two quarters of recession, tech layoffs, bye-bye per diem. Indian e-Rupees, Chinese digital Yuan. Moneygram loves crypto! Musk buys AppX for only $40BB. Bartering in the Metaverse? Mike Toner and Ankarino Lara discuss breaking news and trends in all things Crypto: from Bitcoin to ETH & Altcoins, from DeFi to NFTs, and of course the burgeoning Metaverse. Subscribe today and prepare yourself for a better tomorrow!
137 Years in Prison for Insurance Fraud & Arson How to Deter Insurance Fraud A prisoner seeking relief from a lengthy sentence failed after multiple efforts as a pro se applicant. In Ali Darwich v. Warden Lewisburg USP; Attorney General United States Of America, No. 22-2280, United States Court of Appeals, Third Circuit (October 14, 2022), Ali Darwich, a federal prisoner currently confined at the United States Penitentiary in Lewisburg, Pennsylvania (“USP Lewisburg”), appealed pro se from the District Court's order dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2241. FACTS In 2013, a jury in the Eastern District of Michigan convicted Darwich of thirty-three counts related to arson and insurance fraud, including seven counts of using fire to commit fraud in violation of 18 U.S.C. § 844(h)(1). He was sentenced to a total term of 1647 months or 137 years of imprisonment. He tried multiple times to avoid the sentence only to have the United States Court of Appeals for the Sixth Circuit affirmed, and the United States Supreme Court denied Darwich's petition for a writ of certiorari in United States v. Darwich, 574 Fed.Appx. 582 (6th Cir. 2014), cert. denied, 574 U.S. 1200 (2015). Darwich then moved to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The District Court denied the motion, in United States v. Darwich, No. 2:10-CR-20705, 2016 WL 146662 (E.D. Mich. Jan. 13, 2016), and the Sixth Circuit denied Darwich's request for a certificate of appealability, in Darwich v. United States, No. 16-1151 (6th Cir. August 5, 2016) (order). Darwich continued to file numerous unsuccessful motions for authorization to file second or successive § 2255 motions. In 2022, Darwich filed a petition for relief under § 2241, which the District Court construed as raising three claims: (1) that Darwich's conviction and sentence are unlawful under United States v. Davis, 588 U.S.__, 139 S.Ct. 2319 (2019), Bailey v. United States, 516 U.S. 137 (1995), and Deal v. United States, 508 U.S. 129 (1993); (2) that he was subjected to selective prosecution because of his race or ethnicity; and (3) that the sentencing court erred by imposing consecutive sentences. The District Court dismissed the petition, concluding that Darwich failed to show that § 2255 was an “inadequate or ineffective” remedy so that his claims could be considered under § 224. ANALYSIS Motions pursuant to 28 U.S.C. § 2255 are the presumptive means by which federal prisoners can challenge their convictions or sentences. A habeas corpus petition under § 2241 accordingly “shall not be entertained” unless a § 2255 motion would be “inadequate or ineffective to test the legality of [petitioner's] detention.” A § 2255 motion is inadequate or ineffective only where the petitioner demonstrates that some limitation of scope or procedure would prevent a § 2255 proceeding from affording him a full hearing and adjudication of his wrongful detention claim. The Third Circuit agreed with the District Court's determination that Darwich failed to make the showing necessary to meet the safety-valve exception. --- Support this podcast: https://anchor.fm/barry-zalma/support
In this episode, Jim Garrity highlights a June 17, 2022 court ruling where Fed. R. Civ. P. 56(d) was in play. This rule allows you to ask a court to defer ruling on a prematurely-filed summary judgment motion, in order to allow you more time to complete depositions for use in opposing the motion. Here, Garrity dives deep into the rule, and into the winning and losing ways to draft or oppose FRCP 56(d) motions. Our Lessons from the Front Lines episodes spotlight brand-new deposition-related court rulings from around the country. So it's important to bear in mind that the rulings highlighted in these kinds of episodes are subject to revision, challenge, appeal, modification, or withdrawal. Thank you as always for listening.SHOW NOTESFed. R. Civ. P. 56(d)Koeppel v. Hartford Accident & Indemnity Co., 2022 WL 2191670 (E. D. La. June 17, 2022) (court declined to reconsider summary judgment motion because upcoming depositions would provide the missing proof where plaintiff's counsel did not ask the court to defer ruling on summary judgment prior to the ruling)Ocean Garden Products Inc. v. Blessings Incorporated 2020 WL 3545564, Case No. CV-18-322-TUC-RM (D. Ariz. 2020) (Rule 56(d) motion granted based on showing where good cause shown; excellent example of superior Rule 56(d) motion at Doc. 386 on Pacer.gov)Patrick v. PHH Mortgage Corp., 2014 WL 713272, 998 F. Supp. 478 (N.D. W. Va. 2014) (Rule 56(d) motion denied where motion made only vague claims about what it would get and from whom)Bunio Victory Packaging, L.P., 2020 WL 5203446 (E.D. Cal. 2020) (rule 56(d) motion granted in case where pro se plaintiff made legitimate showing)Intervarsity Christian Fellowship/USA v. The University of Iowa, 2019 WL 9575232, Case No. 3:18-cv-80S-MRS-BJ (S. D. Iowa 2019) (Rule 56(d) motion granted where movant made good-faith showing of need for discovery, and where summary judgment motion was filed very early)Papineau v. Brake Supply Company, Inc., 2020 WL 6704586, Case No., 4:18-CV-168-JHM (W.D. Ky 2020) (Rule 56(d) motion denied where factors weighed against holding dispositive motion in abeyance, being (a) when movant learned of issue needing more discovery, (b) whether the desired discovery would change potential ruling, (c) how long discovery has been open, (d) whether movant was diligent or dilatory, and (e) whether party filing dispositive motion was responsive to discovery requests)N.K. Collins, LLC v. Williams Grant & Sons, Inc., 472 F. Supp. 3d 806 (D. Haw. 2020) (Rule 56(d) motion granted)Hodgin v. UTC Fire & Security Americas Corp, Inc., 2018 WL 1308605, 885 F.3d 243 (4th. Cir. 2018) (affirming denial of 56(d) motion and grant of summary judgment; question on 56(d) motion isn't whether discovery remained open but whether party seeking to defer ruling had reasonable opportunity to conduct essential discovery)Federal Housing Finance Agency v. Las Vegas Development Group, LLC, 2021 WL 5359593, Case. No. 20-15658 (9th Cir. 2021) (affirming grant of summary judgment and denial of 56(d) motion where movant's papers offered no reason to believe additional discovery would uncover evidence contradicting hundreds of pages of records and declarations proving key points)Avery v. E & M Services, LLC, 2020 WL 4606840, No. 1:18-CV-00258 (D. N. Dakota 2020) (summary judgment denied without prejudice to allow parties to conduct more discovery)Cimontubo – Tubagens e Soldadura, LDA v. Petroleos de Venezuela, S.A., 2022 WL 2155285, No. 21-875-CV (2d Cir. 2022) (affirming grant of summary judgment and denying 56(d) motion; while due process requires an opportunity to present every available defense, defendant already had opportunity and may not have timely asked for more time)Junk v. Board of Governors of Federal Reserve System, 2022 WL 363776, Case No. 19-3125-CV (2d. Cir. 2022) (affirming summary judgment and denying 56(d) motion, saying movant didn't meet applicable standards)Cline v. Dart Transit Company, 804 Fed. Appx. 307 (6th Cir. 2020) (reversing summary judgment and denial of 56(d) motion where trial judge limited discovery period to 90 days and allowed plaintiff a single deposition)Smith v. OSF Healthcare System, 933 F. 3d 859 (7th Cir. 2019) (reversing denial of 56(d) motion and grant of summary judgment where movant demonstrated good cause to warrant deferral of ruling on dispositive motion)Laborers' Pension Fund v. Midwest Brickpaving, Inc., 2020 WL 264752 (N. D. Ill. 2020) (denying 56(d) motion, in part asserting that six months was more than ample discovery period, given facts of case; court expressed disdain for filing of combination summary judgment response and 56(d) motion)Huff v. United States, 2021 WL 2533443, Case No. 3:20-CV-00942-MAB (S.D. Ill. 2021) (granting motion to defer ruling on summary judgment)Furrion Property Holding Limited v. Way Interglobal Network, LLC, 2021 WL 4263757, Case No. 3:19-CV-566-PPS-MGG (N.D. Ind. 2021)Stroh Die Cast LLC v. StoneRidge Control Devices, Inc., 2022 WL 179338 (W. D. Wisc. 2022) (rejecting 56(d) motion, filed as combination document with opposition to summary judgment, as filed too late)
Kelly Hurd has been pitching us to producers for Discovery so I sent him footage and story lines. Some things that are always true of our surgery and vet visits: Unless you have been involved in these very tense situations, it is hard to explain how stressed out everyone is and our coping mechanism is to joke around and talk about things that have nothing to do with the work at hand as a way of being able to deal with these life and death situations. In most cases we go to the vet not knowing if we will have to make the awful decision to euthanize one of our family members, because loading a cat up and taking them offsite to a vet clinic is the last ditch option to save their lives. After 22 years of doing this, we know that there will almost never be a clear choice to make and we will almost always be burdened with making a decision that could result in lingering misery for the cat and then still having to put them out of their misery days, weeks or months later after trying every thing we can to give them a good quality of life. A lot of the editing will require you to use common sense about what is appropriate or not. Often in these videos you will hear people talking about other vet situations or clients, and unless it is about one of our other cats, that audio can't be included. The ultimate goal of these vet videos is to show the details of the surgery for vet students and make our vets look great; because they are. Some clowning around is OK to show, but it should be narrated as to why we act this way in the face of such serious business. Sometimes, while a cat is waking up, we let volunteers touch the cats, as they are never allowed to touch cats otherwise. I would not include this in your finished products though, because we do not want to encourage people to pay to touch big cats. You will see us often taking a lot of photos and videos because these kinds of surgeries are rare and documentation even more so. That is why these surgery videos could be so helpful to other cats if done well. In the videos I have sent you, this is the sequence of events, so you know what is going on. If you watch them in this same order, I won't have to duplicate such detail on latter videos, because you will know what is happening. Task List 1 Four minute or less video of the surgery or vet visit with no graphic imagery. 1 Twenty minute video with the graphic imagery; suitable for both a vet student and the public, who is fully prepared for what they will see. WARNING SLIDES: Be sure to warn viewers before showing something like surgery both in a warning slide and in the early part of the accompanying text. Vet Joseph Lion. http://bigcatrescue.org/joseph/ Joseph stopped eating and stopped taking his pain meds, so we sedated him for diagnostics. Due to his age (16) we didn't want to risk a long trip to the University of Florida, if we could assess him here, so we invited Dr. Fay Hererro, DVM, from the Odessa Equine Clinic, to bring a portable X-ray machine. Dr. Justin Boorstein invited Dr. Tim Jones to help w/ anesthesia. They drew blood, gave fluids, administered antibiotics and did the X-rays they could, but the portable X-ray machine was just not good enough for abdominal X-rays. Joseph did not respond to the antibiotics and fluids and continued to refuse food and water, so we asked the Humane Society of Tampa Bay if we could use their X-ray and Sonogram machines, after hours, and took him in for more X-rays, blood work, fluids, a longer lasting antibiotic and a sonogram. Nothing of note was found in all of these diagnostics, except a possibility of neoplasia, which are masses in the abdomen. We had hoped that the antibiotics, fluids and appetite stimulants would help get him up and eating again, but they didn't. We discussed euthanasia, with both vets, and Dr. Wynn suggested a last ditch effort of injecting him with a steroid. It had been 8 days since he had eaten anything and 3 days since he drank water on his own, so we gave that a shot. He drank for the first time, a few hours later, but still wouldn't eat. 10/31/14 On 11/1/14 Sue got him to eat just a few bites of food with his meds in them, so we held off on euthanasia, to see if he is rounding the bend. Vet Little Feather. This is the most recent vet issue. Little Feather is 21 years old. http://bigcatrescue.org/little-feather/ as was on the observation chart on Oct 10th for having a puffy chin, but we didn't see an obvious swelling and she has a rather pronounced chin anyway. Oct. 15th we could see there was an abscess and made an appointment for her to go in to the vet the next day. Her dental X-rays showed that almost all of her teeth were rotten and the jaw bones were decaying as well. Dr. Justin had to pull the teeth very gently, so as not to break her jaw. He pulled 8 teeth; her last remaining canine tooth and 7 others and was about done. There was one more tooth, that didn't look bad on the surface, or in the X-ray, but he debated as to if he should leave it or take it, given the decay in the jaw. He decided to pull it and found that it had been the cause of the abscess and was in very bad shape. Had he not pulled it, we would have had to bring her right back in a few days or weeks. Good instincts! Little Feather was put on pain meds and kept in the Cat Hospital at BCR for a few days until she was eating well and ready to go back to her cage. When we opened the door of the transport cage she had been sleeping in, to let her out into her outdoor enclosure, she dragged her back foot. It looked like some neurological issue, so we crated her back up and took her in to the Ehrlich Animal Hospital where Dr. Farid Saleh, who is not our regular vet, gave her an exam and said that he believed she had thrown a blood clot that was causing neurological damage to her foot. She had no feeling in her foot. He treated her with laser therapy and sent her home with instructions for daily massages and controlled walking to help her work out the clot and regain use of the foot. 10/31/14 Little Feather is continuing to get physical therapy, such as laser therapy, and massage therapy and harness walking to keep her foot alive and hopefully dissolve the clot that is keeping her from having the ability to use her foot properly. We do not condone people having wild cats as pets and are hesitant to even show a cat in a harness, or being touched by people, but she is declawed and now has no teeth due to her old age, so we are able to give her the help she needs without risk. Vet Natasha Siberian Lynx. http://bigcatrescue.org/natasha/ Natasha is 21 years old. She has been healthy for most of her life, except a bout of seizures and dizziness in her early years that turned out to be one of the first confirmed cases of heart worms in cats. As a result we began using ivermectin monthly in all of our cats as a preventative, back in the 90's. Her recent observations by keepers were that she was breathing heavily and not hungry, so we took her in to see Dr. Wynn on Oct 30, 2014. For a 21 year old cat, her kidneys look surprisingly good, but her lungs are congested and we can see, by looking down her throat (great video of this) that half of her throat is paralyzed, so all of her breathing and eating is happening on the side that is still functioning. We did a biopsy, to see if there is a tumor that is causing the one side to be forced shut (from the pressure), but we can't see a tumor. There isn't any surgery to fix this. She is getting antibiotics to clear up the infection in her throat and lungs and that should help a lot. Getting those meds into her will be the challenge. If she will eat, that is easy to do, but if she won't then she will have to stay in the Cat Hospital for injections. She is taking her meds and eating well, so we moved her back outside 11/1/2014 Vet Simba Leopard. http://bigcatrescue.org/simba-2/ On this page is another video. In that video is a clip of Simba going to the vet.:http://bigcatrescue.org/now-big-cat-rescue-jan-11-2014/ Appx date: Jan 11, 2014 Cast, you don't have to name them. Just named here in case you want to or have title slides. Vet's should always be named or have title slides: Trapping Simba: Willow Hecht, Green Shirt Keeper, Red Hair Reddish shirt, Carole Baskin, CEO Navy shirt, Master Keeper, Jamie Veronica, President Navy shirt, Master Keeper, Gale Ingham (thin) Operation Mgr Green Shirt Keeper, Chris Poole Lifting Simba add: Green Shirt Keeper, blonde, Chelsea Feeney The long golf cart we use is named Gertie On site hospital is the: West Boensch (bench) Cat Hospital for weight so vet can sedate. Van is a 1998 Dodge Ram van that leaks, rattles and really needs to be replaced. Lifted into van to drive to vet who works in a practice about a mile away called the Ehrlich (ur-lick) Animal Hospital. Vet techs help offload Simba. Vet is Dr. Liz Wynn, who has been our vet for over a decade. She comes twice a week at no charge to do house calls. We do have to pay for X-rays, blood work, drugs, etc. Simba is sedated and then gently touched around his eyes to see if he has a blink reflex. Cats can fool you by being very still and then attacking, but they can't control an involuntary blink reflex, so we always check to be sure they are really asleep before reaching in for them. We double check his weight and wrap him in a blanket (burrito style) because it is safer, if he wakes suddenly and carrying a sleeping big cat is like trying to carry 100 plus pounds of liver. We draw blood every time a cat is sedated. It gives us a benchmark to use in their record and we check for infections diseases, kidney function (failure) because our cats are all so old and in varying stages of renal failure. Vet manipulates joints and listens and feels for “crunching” that indicate calcium build up of arthritis. All of our old, gimpy cats are on supplements for their joints and some are on stronger meds. Palpitates for masses as cancer is the second most common cat killer (after old age destroys their kidneys). Even though Simba is sedated, Jamie, Gale or Carole usually hangs onto the scruff during most of the procedures, just in case he wakes up suddenly. Leopards are the biggest cats that a typical dog / cat clinic can Xray. The most dangerous moments at the vet are during the Xray because none of the BCR staff can be in the room. At appx 34 min. Dr Wynn expresses frustration that the X-rays aren't showing us why Simba is so wobbly. He had been falling over and acting disoriented. She's worried that he will hurt himself if he falls off or tries to jump down and suggests longer ramps. Part of his problem is that he has gained 50 lbs since being prescribed medication, so they aren't as effective. It's really hard to tell the weight of a cat, because they are so muscular and have such loose skin. You can see and hear dogs and I hate this part of going to the vet. Cats should never have to tolerate that and even asleep, I think they can hear us, and the dogs, and that is stressful. It is one more reason we need a full service vet clinic on site; so we never have to expose our cats to dogs barking. Dr Wynn is getting better about speaking up for the camera, but on these old ones you will probably really have to bump up the volume, while killing background noises, to hear her. We drive Simba back to our on site hospital to let him recover and as soon as he can safely be returned to his Cat-a-Tat he is delivered by Green Shirt Matt, Green Shirt Nanci, Gale and Jamie. How long in the Cat Hospital is usually dependent on making sure they are eating well, taking their meds and are stable. Vet Nik Tiger Eye Surgery. http://bigcatrescue.org/nikita-tiger/ Sedated, but vomited. We try to fast them before sedation, but sometimes they still have food from the night before in their stomachs, or from morning meds. Sedation makes them nauseous and they almost always will have dry heaves or vomit and doing so in their sleep can choke them to death. The options aren't good if a 700 lb cat is choking because there isn't much we can do about it without someone getting killed if he isn't asleep fully. Tests blink reflex w/ stick. Load onto Gertie Cast: Dr. Justin Boorstein (boor-steen) Dr. Liz Wynn Master Keeper, Jamie Veronica, President Master Keeper, Gale Ingham (thin) Operation Mgr Green Shirt Keeper, Chris Poole Yellow Shirt Keeper Sharon Yellow Shirt (maybe red) Keeper Darren Yellow Shirt (maybe red) Keeper Jen Navy Shirt, Master Keeper Regina Yellow Shirt (maybe green) Keeper Lynda 9-10 people to carry Nik on a specially made stretcher Our scales only go to 500 so we have to distribute Nik over two of them as he is 700 lbs. Dr. Tammy Miller is the eye specialist and she brought her own vet techs to the sanctuary to do this procedure in the West Boensch (bench) Cat Hospital. Because this was such delicate surgery, Nik was restrained with ropes. Sometimes cats can have seizures under anesthesia, so we didn't want him to kick the vet's hand while she is cutting on his eye. Nik's eye trouble started the same way most big cats' eye troubles start. They are pulled from their mothers when just days or hours old; put on an insufficient diet of puppy or kitten milk replacer and then have flashes go off in their sensitive eyes for the first 4 months of their lives, until they are too big to use. Then they are discarded or warehoused and usually fed a deficient diet and denied vet care until they die. Nutritional cataracts are very common in cubs who were used as pay to play props. Sometimes the lens breaks loose and can be very painful, so surgery is needed to repair the eye. Make sure there are warning slides before graphic images. We give fluids to help the cats eliminate the drugs we used to sedate them. These are given SubQ (under the skin) rather than IV (intravenously) Sometimes you will see us squeezing the bag to give the fluids as quickly as we can, other times, like this one, there is a compression cuff (white) that squeezes the bag as we use the hand pump. The reason we are in such a hurry is because anything can go wrong at any time and we may have to wake the cat up suddenly if they start to arrest, so we want to get the fluids on board fast. We draw blood every time a cat is sedated. It gives us a benchmark to use in their record and we check for infections diseases, kidney function (failure) because our cats are all so old and in varying stages of renal failure. Vet manipulates joints and listens and feels for “crunching” that indicate calcium build up of arthritis. All of our old, gimpy cats are on supplements for their joints and some are on stronger meds. Palpitates for masses as cancer is the second most common cat killer (after old age destroys their kidneys). Even though Simba is sedated, Jamie, Gale or Carole usually hangs onto the scruff during most of the procedures, just in case he wakes up suddenly. Dr Wynn mentions “reversing” Nik. This is an injection to reverse the drugs we gave him to sedate him and it is good to do that as soon as he is safely on gas (either a mask or tube down his throat) because having all those drugs at work and the anesthesia gas can kill them. Nik will need drops in his eyes and Gale has become expert at tricking the cats into looking up at a treat and dropping the medication into their eyes. It stings and they don't like it, so it is amazing that she can get them to do it over and over and over; usually 2-3 times a day for 10 days. Nik had been declawed and defanged by his former owner who used him as a petting prop, even as a full grown adult. She had tight collars on him and the other 5 cats rescued from there, and would chain them to the ground with chains so short they couldn't turn their heads to bite the people who would sit on their backs for photo ops. That was illegal, and she lost her USDA license, but continued to do it for years because no one took any action against her. Nik will wake up in the transport wagon. We can't leave any bedding in there, or he will eat it. Whenever our cats are asleep we micro chip them, if they haven't had one before. While the cat is sleeping, Big Cat Rescuers take the opportunity to mow, landscape and do other cage enhancements to the cat's enclosure. There is a separate video called Vet Nik Tiger Wheezing. You may want to add this to the end of the video and say that his eye has healed well and Nik has been doing fine, except that he has begun wheezing when he gets excited. He needs to be X-rayed, but the only machine big enough is two hours away and he is too old and had too much trouble breathing to make the trip. Thanks to some wonderful donors we have a new X-ray machine but need a building big enough to put it in. There is another video file called Vet Dr Liz Wynn. You may want to include this from it: Dr. Wynn is a volunteer vet and has been with us for over a decade. She shows how we put drops in Nik Tiger's eye and she describes the coloration and procedure a bit. Vet Arthur Tiger Dental. http://bigcatrescue.org/arthur/ Date of dental: 12/9/12 Arthur was rescued in 2011 but was in no shape for the prolonged surgery necessary for a root canal. By Dec. 2012 we asked Dr. Peak to come to Big Cat Rescue to help Arthur and his brother Andre, who had suffered broken teeth since 2003. Cast: Dr. Michael Peak http://www.thepetdentist.com/meet-the-doctors.php Dr. Justin Boorstein (boor-steen) Dr. Liz Wynn Master Keeper, Jamie Veronica, President Master Keeper, Gale Ingham (thin) Operation Mgr Green Shirt Keeper, Chris Poole Green Shirt Keeper, Angie Green Shirt Partner Jeff (who usually stands by with a gun and dart gun in case of emergency) You may find some video of trying to get Arthur into his feeding lock out later, out of sequence. It was a little confusing, but they finally gave up on him going in the transport and managed to get him into his feeding area where Jamie sedated him. Jamie is our best person on the “jab stick” which is needle on the end of a pole that injects the drugs on impact. It makes a loud noise and the cats usually spin and lash out at the person doing it, but Jamie has nerves of steel and manages to retract the pole without the cat biting it. It's better than a dart, because darts have to stick in the cat and stay there until the drugs dispense. If the cat eats the dart, that is very bad. Board is held across cat because they can raise up very unexpectedly and bite. Protecting the vet is our main objective. Backstory: Arthur and Andre broke their canine teeth off during transport in 2003 from NJ to TX the first time they were rescued. The sanctuary that took them in didn't give them dental care for 10 years and went bankrupt in 2011. That is when we rescued Arthur, Andre and their sister Amanda, but they were in bad shape and not capable of undergoing extensive surgery. Not in this video, but for reference; as soon as they were strong enough after their arrival, Andre (not Arthur) was sedated due to the fact that his untreated, broken teeth (since 2003) were obviously causing pain and he couldn't eat. He died on the table during the dental surgery, but there were 5 vets there and they said, “No one is going to the light with five vets in the room!” They brought him around, but decided to wait on doing the other two canines until he was stronger. I don't know if there ever was any video of that. I can't find it. Arthur had a seizure after being sedated. This happens maybe 5 percent of the time and can be life threatening. We use a cocktail of drugs to be as easy on the cat as possible, but every cat is different and reacts differently. Arthur reacted very badly and scared us even further because he would hold his breath for such long periods of time that we often feared he was dead. Graphic warnings through out are needed. Back to Arthur. Dr. Peak performed a root canal. They drew blood to check for feline viruses, infections and kidney levels. This lets us know if there are underlying issues to deal with and gives us comparisons for latter life levels. We draw blood every time a cat is sedated. It gives us a benchmark to use in their record and we check for infections diseases, kidney function (failure) because our cats are all so old and in varying stages of renal failure. During the root canal Dr Peak finds a shard of plastic lodged inside the tooth against the nerve. You can just imagine how painful that must have been. It was probably from a toy or water bucket that was not tiger proof. While this was pretty rare, to see a shard of plastic embedded inside the tooth, it is very common for people to give big cats toys and water buckets that are too flimsy. The cats bite off portions, which end up lodging in their stomachs and intestines, causing internal hemorrhaging and a painful death. The reason people do that is that it is cheaper than buying items that are safe for the cats. The gun they point at the tiger's face is an X-ray gun. Dr Peak takes X-rays in the field and even brings along a developing tank to monitor his progress as he goes. Arthur gets IV fluids to give him an added boost and to flush the sedation drugs out of his system when he awakes. At about minute 35 Dr Liz Wynn gives a good overview of what we are doing and why. These are usually at the end of the videos that I give you, because we don't know what is going to happen in the beginning, but you can use parts of it earlier in the story to illustrate. Dr. Peak packs Arthurs root canals with antibiotics to help kill any infection. We move Arthur into the transport wagon to wake up. As soon as surgeries are over the cats are “reversed” ( they are reversed as soon as they go on gas, if they are masked or intubated ) Cats can wake up very quickly as soon as they are reversed, and / or taken off gas. They can easily take off a limb with a groggy bite so we are very quick to get them into a controlled area so they can wake up fully. The next really dangerous part of any sedation, is the waking up. Even though they can wake up quickly, they also can go back to sleep and never wake up. We do everything we can to get them sternal (laying on their stomachs with their heads up) as soon as possible after sedation. We call their names, tickle their ears and toes (they hate that) rock the cage, bang on the bars and totally obnoxious. It is so tempting to just let them enjoy a good long sleep after their ordeal, but that could be the death of them, so we have to be the bad guys and wake them up. Another thing that kills many exotic cats is hyperthermia from anesthesia. This causes their bodies to overheat and can just cook them to death inside of a few minutes. The whole time we are waking them up we are looking for signs of hyperthermia (opposite of hypothermia where you get too cold and die) If they spike a temperature we are suddenly in a life or death position of deciding if the cat is groggy enough to pull them out and put them in a tub of ice water, or, in the case of a tiger, if it will be safe to open the door and start packing them in ice. There is always this dilemma going on of doing what will save the cat without undue risk to the people trying to save the cat, because if the cat wakes up, someone is going to get hurt or die. Cats don't understand; as much as we would like to believe they do, when you are trying to save their lives. There have certainly been what appears to be exceptions, like removing a piece of food from a choking cat's mouth and having them not turn right around and bite me for reaching down their throat, but I think by and large I've just been lucky. Back to Arthur. Several hours lapse between the time of his waking and release back into his Cat-a-Tat, and I think there may even be some film out of sequence, at this point, although I am not sure how that could have happened. Dr. Peak did the root canals on both Arthur and Andre on this day, so we would have been sedating Arthur, doing his surgery, putting him back in the transport to wake up and then sedating Andre, doing his surgery, and then putting him back in his enclosure. The easiest way to tell these brothers apart is that Andre has a notch in his ear, courtesy of his brother. Waking up from anesthesia can be ugly. Arthur thrashed around a bit waking up. What most people don't know, when they take their pets to the vet, is that they are kept away as the animals are going down and coming up from anesthesia, or they would completely freak out. The cats bang their heads on the bars and thrash around like wild. Unless they are very, very sick, they don't usually go under easily. Vet Andre Tiger Dental. http://bigcatrescue.org/andre/. Date of dental: 12/9/12 Gale distracts Andre so Jamie can sedate him using the pole syringe. We often put a blanket over the head of the sedated animal so that if they wake suddenly, they feel secure in the dark and cannot land a bite as easily. You will often see Jeff Kremer, our Director of Donor Appreciation (tall, slim, bald, usually wearing khakis) in our surgery videos because he is our marksman and in charge of darting or killing the tiger depending on what life threatening event happens. As noted in Arthur's dental info, this is Andre's second dental. He died and was revived during our first attempt several months ago, so now we are trying to finish the repair to his four broken canine teeth. We were told that in 2003, when Wild Animal Orphanage rescued him from Tigers Only in NJ, he broke off all four canines on the bars of the transport cage. Wild Animal Orphanage took in 23 tigers during that rescue operation and was unable to fund all of the medical needs. Andre suffered with exposed nerves in his teeth for the next 8 years. When WAO went bankrupt we helped orchestrate the rescue of the final 7 tigers there, thanks to financial help from an amazing couple. Four went to Carolina Tiger Rescue and Andre, Arthur and Amanda came to us. Andre has a growth on one of his back legs, so we used the opportunity to do a biopsy. Andre's blood pressure began dropping dramatically 107/72 so he was reversed, since he was on gas. His temperature dropped significantly as well, so we covered him in an electric heating blanket. He was fighting sedation so hard that we had to give him more drugs. It is always such a fine line to balance between making sure they feel no pain and don't hurt anyone and yet not killing them with kindness. This video shows the X-ray developing tank. Red glass tank. At the end the vets gave Andre straight oxygen through the mask to help him flush the anesthetic gas from his lungs. This will help him wake more quickly. Again we stimulate him in every way we can to get him up and sternal as quickly as possible. King Tut and Zulu Hybrid Cats. 10/16/2012 http://bigcatrescue.org/king-tut/https://www.youtube.com/watch?v=ka3Xu1cEEq4 You can scrape video from here to use in this video if you want http://bigcatrescue.org/hybrid-facts/ We almost never take in hybrid cats because they do not require permits to possess, so any cat lover can take them in and we need to save our cage space for cats who require permits that most domestic cat rescue groups don't have. The hardest part of turning them away is that breeders will try to get their hands on any hybrids they can because people buy them over the Internet or at cat shows and don't know, until after they have paid thousands of dollars for them, that they spray and defecate all over everything to mark it as theirs. King Tut and Zulu had been terrorizing a neighborhood after either escaping or being turned loose by their owner, and Animal Control trapped them. A man from the Sierra Club heard about it and went to see the cats that had been brought in. He wasn't sure what they were (I think he called them Jag Cats) and called us. He brought them to us to see if we would take them. Both were thin, but King Tut was emaciated. His paw had been injured, so he probably couldn't hunt or travel as well as Zulu, plus he felt awful trying to fight off infection, so he was just wasting away. Zulu turned out to be a handful and have awful house manners, but one of our long time volunteers, Sharon Dower, asked to adopt her anyway, and we were happy that she would get a home. She was spayed first and for a while could be watched on our live web cams via UStream.tv/channel/bigcathospital King Tut responded well to antibiotics and a good diet, but he's just too dangerous for a pet home, so he will live with us forever. There is some later video of him (I don't know if I bound it into one file) where King Tut is released out into his Cat-a-Tat. All he needs now is food and love. Vet Dr Wynn. http://www.ehrlichanimalhospital.com/about-us/veterinarians/ This video can be put into other videos as needed. I don't think there is enough here for a full 20 min segment. Maybe a segment under 4 minutes as a stand alone piece. Dr. Wynn is a volunteer vet and has been with us for over a decade. She shows how we put drops in Nik Tiger's eye and she describes the coloration and procedure a bit. http://bigcatrescue.org/nikita-tiger/ We don't give Vet Tours but our vets both come out twice a week or more and will answer questions if a tour group happens by. Tonga the white serval had a nosectomy, to remove his nose, to get rid of all the cancer. That's been more than two years ago and has allowed Tonga to live as long as most of our servals usually do (17 is the average for our servals. most other places only 10-12) and he is still doing well. This shows how quickly and how far a wild cat can reach out through the bars of the cage and why we have to be so careful around them. http://bigcatrescue.org/tonga/ Jumanji the black leopard is being treated for his skin allergies. Not in this video, but we are now using a new blend of fatty acids in all of the cats' diet to help them with skin and coat condition. http://bigcatrescue.org/jumanji/ There is some previous footage on Tonga's nose. Vet Skipper Lynx May 2014. http://bigcatrescue.org/skipper/ Skipper is taken to the vet because Keepers notice that he isn't passing feces. Every day, as Keepers clean the cages, they note food left over, the feces condition (runny, grassy, missing), vet issues like scratching, coughing up hairballs, and cage maintenance issues. All of these notes are entered into a data base at the end of cleaning. This sends an immediate email out to the Operations Manager, CEO, President, Vets and Maintenance staff and becomes a permanent part of each cat's medical record. Not passing feces for a couple of days means trouble, so Skipper was taken to the vet for diagnostics. That's never an easy thing to do. Catching the cat is always stressful to the cat and dangerous for the people involved. If there is any way to check a cat and treat them in their cage we do, but this sort of problem would require sedation and X-rays. There is footage of us catching Skipper in this video that you can scrape for use in this video if you want.https://www.youtube.com/watch?v=XRC_pCZqza4 Dr. Wynn tries a warm water enema first, but Skipper's intestines are really blocked. Note that Jamie Veronica is able to pull up Skipper's complete medical history on her phone for the vet, because of the google Education Apps site that we use to keep all of these records. We have set up more than a dozen sites like ours for other sanctuaries to use in the care of their animals. Let me know if you want screen shots of these kinds of files for the video. When we have time to take a volunteer or intern along, we often pick someone who has been especially helpful and who happens to be in the right place as we are heading out. This time it was Green Shirt Afton Tasler. Afton got the job of clipping Skipper's nails while he slept. In this raw footage are vets talking about other client's pets, so be sure none of that makes it into the final cut. The vet does X-rays and a sonogram to make sure she has gotten to the root of the problem. It would be foolish to assume we got it all and then be back in here two days later because the main blockage was still there. This is a good time to talk about how dangerous it is to sedate a cat and why we don't do it any more than absolutely necessary and to talk about why we need our own, on site X-ray and sonogram. Both have now been donated, but we are still fundraising for the building to house them, as our current, West Boensch Cat Hospital is too small. Skipper is given fluids to help flush out the drugs used to sedate him and to help hydrate his entire system to make it easier to pass feces. Dr. Wynn talks about how cats get so stressed going to the vet (domestics too) that their blood sugar levels spike, which can sometimes be mistaken for diabetes. Vet Cheetaro Leopard. 2013 vet visit. http://bigcatrescue.org/cheetaro/ Even though our cages are full of trees and wooden structures for the cats to sharpen their claws, they often do not do it consistently enough to keep their nails from growing too long. Because of the way the claws are curved, they can grow all the way around and pierce the paw pads. Their feet are so furry and the ground in their cages so soft, that we often cannot see that there is a problem until the cat begins limping. Given the ages of our cats who are mostly geriatric, it can be hard to tell if it is an ingrown nail or the inevitable arthritis of old age. Some cats, like Cheetaro, we know to have chronic nail issues, so in his case we knew we would have to sedate him and clip his nails back. You might wonder why we don't declaw cats who have these issues, but declawing takes off the entire last digit of the toe, can cause extreme pain to walk and the nails still grow back in many cases; just worse, like out of the tops or sides of their paws. Due to Cheetaro's advanced age we only want to lightly sedate him, but he's one of our most dangerous leopards too, so we need to be sure the vet is safe while working. You can see in this video how hard it can be to draw blood from a cat. They have evolved to have tiny veins that roll away from the point of puncture. This is great for avoiding a bite from another cat, but makes it hard on our vets to get a vein. Dr. Wynn and Jamie Veronica discuss some ways to encourage Cheetaro to use his scratching items more. Vet Jade Leopard. http://bigcatrescue.org/jade/ Jade had been vomiting. There probably isn't enough here to do anything with. There must have been other video taken at this time that may have already been used on BigCatTV.com or YouTube.com/DailyBigCat Jade illustrates how hard it is to catch a leopard. I think leopards are the smartest of the cats. We feed them every night and their water bowls are in their Lock Outs, so they know it is a safe place. Part of our Operant Conditioning with them is to give them treats in Lock Out and open and shut the door, so that when we do need to trap them, that isn't scary. CEO, Jamie Veronica and her husband, Dr. Justin Boorstein talk about how they will hook up the transport inside the cage. We lock the cat into one of the furthermost sections of their cages, which are all in 2 to 4 sections, separated by guillotine doors. Then we can open the outside door to bring in the transport. Once in the transport we have to slide in long metal poles so that the volunteers carrying the cats can keep their hands and arms away from the cat. We have to go slowly so the cat doesn't strike out at the poles and risk breaking a tooth. We weigh Jade at the West Boensch Cat Hospital before taking her in to see Dr. Wynn, so she has a recent weight on which to base her sedation drug dose. Unfortunately there is no vet video attached, so I don't know if any of this makes sense to use. This video was on our secondary site, and thus never got much exposure. Jade's sister, Armani had a polyp in the back of her throat that was causing her to choke and had to be removed.https://www.youtube.com/watch?v=mjxJL-_uO4s Vet Canyon Sandcat Claws 12/10/13 http://bigcatrescue.org/canyon/ I didn't get a chance to take notes on this one, but it's pretty clear what is happening. According to books I've read, Sandcats don't live past 13.9 years and ours are both over 14 now. Given the ages of our cats who are mostly geriatric, it can be hard to tell if it is an ingrown nail or the inevitable arthritis of old age. Some cats, like Canyon, we know to have chronic nail issues, so in his case we knew we would have to sedate him and clip his nails back. You might wonder why we don't declaw cats who have these issues, but declawing takes off the entire last digit of the toe, can cause extreme pain to walk and the nails still grow back in many cases; just worse, like out of the tops or sides of their paws. Due to Canyon's advanced age we only want to lightly sedate him, but the littler the cat, the more fierce they are, so we need to be sure the vet is safe while working. Enrichment http://bigcatrescue.org/enrichment/ I didn't get to take notes while encoding the enrichment footage from tape to digital but here is what I did note: Pinatas Cupcakes - Jade and Armani Leopards http://bigcatrescue.org/jade/ and http://bigcatrescue.org/armani/ Dinosaur - TJ Tiger http://bigcatrescue.org/tj/ Donkey - Cameron Lion and Zabu Tiger http://bigcatrescue.org/cameron-lion/ and http://bigcatrescue.org/zabu/ Flower - Nikita Lioness http://bigcatrescue.org/2011/nikita-3/ Present - Jumanji Leopard http://bigcatrescue.org/jumanji/ Toys Barbara Frank and Chris Poole load toys. Yellow Donut - Cameron Lion's favorite toy http://bigcatrescue.org/cameron-lion/ and http://bigcatrescue.org/zabu/ Red & Blue Donuts - Arthur, Andre and Amanda Tigers http://bigcatrescue.org/arthur/ and http://bigcatrescue.org/andre/ and http://bigcatrescue.org/amanda/ Meat Cakes for Birthdays Apollo and Zeus the Siberian Lynx http://bigcatrescue.org/apollo/ and http://bigcatrescue.org/zeus/ Bengali Tiger moaning and rubbing http://bigcatrescue.org/bengali/ Other Castle - Little Feather Bobcat http://bigcatrescue.org/little-feather/ Rock den - Apache Bobcat who got a card board cake http://bigcatrescue.org/apache/ Jamie at the beach with her friend Gail. Hi, I'm Carole Baskin and I've been writing my story since I was able to write, but when the media goes to share it, they only choose the parts that fit their idea of what will generate views. If I'm going to share my story, it should be the whole story. The titles are the dates things happened. If you have any interest in who I really am please start at the beginning of this playlist: http://savethecats.org/ I know there will be people who take things out of context and try to use them to validate their own misconception, but you have access to the whole story. My hope is that others will recognize themselves in my words and have the strength to do what is right for themselves and our shared planet. You can help feed the cats at no cost to you using Amazon Smile! Visit BigCatRescue.org/Amazon-smile You can see photos, videos and more, updated daily at BigCatRescue.org Check out our main channel at YouTube.com/BigCatRescue Music (if any) from Epidemic Sound (http://www.epidemicsound.com) This video is for entertainment purposes only and is my opinion.
The TransUnion v. Ramirez decision from the U.S. Supreme Court is likely to have massive implications for standing for class certification and class actions, and potentially for the en banc petition seeking a rehearing on the panel opinion issued in Hunstein v. Preferred Collection & Mgmt. Servs. Inc. In the 5-4 opinion written by Justice Brett Kavanaugh, the court held that the class in the case did not have standing to sue—only the original plaintiff, Sergio Ramirez. Justices Clarence Thomas, Sonia Sotomayor, Stephen Breyer and Elena Kagan dissent on the opinion, ACA International previously reported.On this episode of ACA Cast, Jason Tompkins and Jonathan Hoffmann, partners at Balch & Bingham LLP, talk with ACA Director of Education Kelli Krueger about the implications of the Supreme Court's decision on other case law and at the state level.They also reference a footnote in the court's opinion:For the first time in this court, the plaintiffs also argue that TransUnion “published” the class members' information internally—for example, to employees within TransUnion and to the vendors that printed and sent the mailings that the class members received. That new argument is forfeited. In any event, it is unavailing. Many American courts did not traditionally recognize intra-company disclosures as actionable publications for purposes of the tort of defamation. See, e.g., Chalkley v. Atlantic Coast Line R. Co., 150 Va. 301, 326–328, 143 S. E. 631, 638–639 (1928). Nor have they necessarily recognized disclosures to printing vendors as actionable publications. See, e.g., Mack v. Delta Air Lines, Inc., 639 Fed. Appx. 582, 586 (CA11 2016). Moreover, even the plaintiffs' cited cases require evidence that the defendant actually “brought an idea to the perception of another,” Restatement of Torts Section 559, Comment a, p. 140 (1938), the defendant actually “brought an idea to the perception of another,” Restatement of Torts Section 559, Comment a, p. 140 (1938), and thus generally require evidence that the document was actually read and not merely processed, cf. Ostrowe v. Lee, 256 N. Y. 36, 38–39, 175 N. E. 505, 505–506 (1931) (Cardozo, C. J.).That evidence is lacking here. In short, the plaintiffs' internal publication theory circumvents a fundamental requirement of an ordinary defamation claim—publication—and does not bear a sufficiently “close relationship” to the traditional defamation tort to qualify for Article III standing.Contact ACA Cast host, ACA Director of Education Kelli Krueger, at krueger@acainternational.org or Member Services at memberservices@acainternational.org if you have a podcast idea for ACA Cast.Support the show (http://www.acainternational.org)
On April 19, 1995, Timothy McVeigh and Terry Nichols killed 168 people and injured hundreds more in the worst act of Terrorism on American soil up until that point. Join us as we honor the victims on the 26th anniversary of this senseless destructive act of terrorism.http://buymeacoffee.com/oklahomacidehttps://bit.ly/EtsyOklahomacidehttps://linktr.ee/Oklahomacidepodhttps://bit.ly/AppleOklahomacidehttps://bit.ly/SpotfiyOklahomacidehttps://bit.ly/DeadEyesMoonlitSkiesShow SourcesAmerican Terrorist: Timothy McVeigh and the Oklahoma City Bombing (2001) - Lou Michel (Author), Dan Herbeck (Author)“Ashley Megan Eckles” - https://memorialmuseum.com/experience/people/ashley-megan-eckles/“Calvin Battle” - https://memorialmuseum.com/experience/people/calvin-battle/Columbine by Dave Cullen“The Depressive and the Psychopath: At last we know why the Columbine killers did it” by Dave Cullen (2004) - https://slate.com/news-and-politics/2004/04/at-last-we-know-why-the-columbine-killers-did-it.html“Executions Under the Federal Death Penalty - Timothy McVeigh” - https://deathpenaltyinfo.org/state-and-federal-info/federal-death-penalty/executions-under-the-federal-death-penalty“How Ruby Ridge and Waco Led to the Oklahoma City Bombing” by Sarah Pruitt (2020)https://www.history.com/news/how-ruby-ridge-and-waco-led-to-the-oklahoma-city-bombing“Fortier Gets 12 Years in Bombing Case by By Lois Romano - https://www.washingtonpost.com/wp-srv/national/longterm/oklahoma/stories/fortier052898.htm“McVeigh bombing conspirator writes prison letters to son but gets rejected” By Lou Michel & Dan Herbeck - https://buffalonews.com/news/local/crime-and-courts/mcveigh-bombing-conspirator-writes-prison-letters-to-son-but-gets-rejected/article_d20096a3-207f-5aad-bd34-9b362d574277.html“Miss Baylee Almon” - https://memorialmuseum.com/experience/people/miss-baylee-almon/Murderpedia - https://murderpedia.org/male.M/m1/mcveigh-timothy.htm“Oklahoma City Bombing” - https://www.fbi.gov/history/famous-cases/oklahoma-city-bombing“Oklahoma City Bombing Case Revelations” (2007) by Patrick Briley - https://murderpedia.org/male.M/images/m/mcveigh/docs/OKC_Bombing_Revelations.pdf“Oklahoma City Bombing: Fast Facts.” - https://www.cnn.com/2013/09/18/us/oklahoma-city-bombing-fast-facts“Oklahoma City Bombing: What Happened After the Smoke and Dust Cleared” by Roy Wenzl (2020) https://www.history.com/news/oklahoma-city-bombing-what-happenedThe Oklahoma City National Memorial & Museum - https://memorialmuseum.com/The Oklahoma City Memorial Institute for the Prevention of Terrorism - https://murderpedia.org/male.M/images/m/mcveigh/docs/MIPT-OKC7YearsLater.pdf“Rohrabacher Report on OKC Bombing” by Representative Dana Rohrabacher - https://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=170606“Ruby Ridge” (2021) https://www.history.com/topics/1990s/ruby-ridge“Timothy McVeigh” (2021) https://www.biography.com/crime-figure/timothy-mcveigh“Tylor Santoi Eaves” - https://memorialmuseum.com/experience/people/tylor-santoi-eaves/“Waco Siege” (2018) https://www.history.com/topics/1990s/waco-siegeU.S. v. McVeigh, 918 F.Supp. 1452 (W.D.Okl. 1996)(Media request to unseal documents).U.S. v. McVeigh, 918 F.Supp. 1467 (W.D.Okl. 1996) (Change of Venue).U.S. v. McVeigh, 923 F.Supp. 1310 (D.Colo. 1996) (Discovery).U.S. v. McVeigh, 931 F.Supp. 753 (D.Colo. 1996) (Motion to Stop Trial Audiotape).U.S. v. McVeigh, 931 F.Supp. 756 (D.Colo. 1996) (Gag Order).U.S. v. McVeigh, 940 F.Supp. 1541 (D.Colo. 1996) (Motion to Suppress).U.S. v. McVeigh, 940 F.Supp. 1571 (D.Colo. 1996) (Motions to Dismiss).U.S. v. McVeigh, 944 F.Supp. 1478 (D.Colo. 1996) (Motion to Dismiss DP/Disqualify AG).U.S. v. McVeigh, 169 F.R.D. 362 (D.Colo. 1996) (Motion for Separate Trials).U.S. v. McVeigh, 954 F.Supp. 1441 (D.Colo. 1997) (Discovery).U.S. v. McVeigh, 954 F.Supp. 1454 (D.Colo. 1997) (Discovery).U.S. v. McVeigh, 955 F.Supp. 1278 (D.Colo. 1997) (Motion to Exclude Lab Testing).U.S. v. McVeigh, 955 F.Supp. 1281 (D.Colo. 1997) (Motion for Change of Venue/Continuance).U.S. v. McVeigh, 958 F.Supp. 512 (D.Colo. 1997) (Separation of Victim/Witnesses).U.S. v. McVeigh, 964 F.Supp. 313 (D.Colo. 1997) (Gag Order).U.S. v. McVeigh, 118 F.Supp.2d 1137 (D.Colo. 2000) (Motion for New Trial).U.S. v. McVeigh, 153 F.3d 1166 (10th Cir. 1998)(Direct Appeal), cert. denied, 119 S.Ct. 1148 (1999).U.S. v. McVeigh, 2001 WL 611163 (D.Colo. 2001) (Stay of Execution).U.S. v. McVeigh, 106 F.3d 325 10th Cir. 1997) (Separation of Victim/Witnesses).U.S. v. McVeigh, 119 F.3d 806 (10th Cir. 1997) (Motion to Unseal), cert. denied, 118 S.Ct. 1110 (1998).U.S. v. McVeigh, 157 F.3d 809 (10th Cir. 1998) (Removing Gag Order).U.S. v. McVeigh, 9 Fed.Appx. 980 (10th Cir. 2001) (Stay of Execution - Documents).
In this episode, Jim Garrity talks about the risk litigators face of being sued for asking deposition questions that deponents perceive as defamatory or malicious. Jim reviews the "litigation privilege," both in its absolute and qualified form, and offers practical tips based on nearly a dozen real-life cases, where deposition questions or conduct led to lawsuits against the lawyers, their clients, or both. Case cites for your use appear below in the show notes. Allstate Insurance Company v. Shah, et al. , 2017 WL 1228406 (D. Nevada March 31, 2017) (physicians sued insurance company, a defendant in an underlying action, based in part on its counsel’s deposition questions of the doctors) Koch v. Pechota, et al., 744 Fed. Appx. 105 (3d Cir. 2018) (video business operator sued opposing counsel, and special referee who oversaw depositions of attorney and operator, based in part on deposition examination that allegedly linked video business to child pornography) Rabinowitz, et al. v. Wahrenberger et al., 406 N.J. Super 126 (S. Ct. N.J. App. Div. 2009) (lawyer sued for outrage and intentional/negligent infliction of emotional distress after asking father of deceased newborn, in his deposition, if he suspected his wife of murder, negligent homicide or abuse) Suchite et al. v. Kleppin, et al., 819 F. Supp.2d 1284 (S. D. Fla. 2011) (defense counsel and client sued after deposition in which lawyer asked alleged undocumented immigrants about their immigration status, how they entered the US, about the use of “coyotes” to help bring them across the border, whether they swam, and what they would do if they encountered border patrol) Utterback v, Trustmark National Bank and Hand Arendall LLC , 2017 WL 5654732 (S. D. Miss. 2017) (law firm and its banking client sued based in part on questions asked by the firm about the criminal background and disbarment of plaintiff; claims included defamation, invasion of privacy, tortious interference with business relationship and intentional infliction of emotional distress) McCullough, et al. v. Kubiak, et al., 158 So. 3d 739 (Fla. 4 th DCA 2015) (law firm sued after its lawyer allegedly made disparaging comments in a deposition about opposing counsel’s litigation practices in other case, was dismissed) Sullivan v. Malta Park, et al., 156 So.3d 1200 (Ct. App. La. 2014) (lawyer sued for defamation after asking deposition questions that allegedly insinuated that deponent’s husband, who was defending his wife’s deposition, was or had had an affair with an employee of his law firm) Nunes v. Herschman, et al., 2021 WL 49908 (Fla. 4 th DCA 2021) (employee subpoenaed for deposition gave unfavorable testimony about his employer and was fired; held, anti-retaliation statute for giving testimony in “judicial proceeding” is inapplicable because deposition, literally interpreted, is not a “judicial proceeding”) Sussman v. Damian , 355 So.2d 809 (Fla. 3d DCA 1977) (lawyers sued each other for slander based on disputes that allegedly first arose from mid-deposition argument over whether all pertinent documents had been produced) Myers v. Hodges, 53 Fla. 197, 209, 44 So. 357, 361 (1907) (discussing privilege, review of English cases, and surveying US law) Freeman v. Cooper, 414 So.2d 355, 359 (La.1982) (noting that “[i]n other jurisdictions, a defamatory statement by an attorney in a judicial proceeding is absolutely privileged, if the statement has some relation to the proceeding,” but in Louisiana the privilege is a qualified one) Ga. Code Ann. § 51-5-7, Privileged communications Jar Allah v. Schoen , 243 Ga. App. 402, 405, 531 S.E.2d 778, 781 (2000) (“[a]n attorney at law has a conditional privilege to make, during the progress of a trial, such fair comments on the circumstances of the case and the conduct of the parties in connection therewith as in his judgment seem proper.... The attorney at law is protected by his privilege, on account of words spoken in the discharge of his duty in the regular course of judicial proceedings in the courts, unless express malice is proved”) T. Leigh Anenson, Absolute Immunity from Civil Liability: Lessons for Litigation Lawyers , 31 PEPP. L. REV. 915, 918-20 (2004).
Join Jim Garrity in a deep dive into the law of short-notice depositions, which can trigger astonishingly severe consequences. The federal rules define "short notice" as a deposition set with less than 14 days' notice. In this episode, Jim outlines the rule, the cases, and more than a dozen tactical tips and pointers. And be sure to check out the show notes, below, which cite to a few dozen decisions on point, all with full case citations and parentheticals, to help you get started when the issue pops up for you. *CASES:* Lee v. California Institute of Technology, 2009 WL 2602438 (C. D. California August 24, 2009) (after magistrate held telephone conference and determined that despite short notice, deposition could proceed, following which plaintiffs sought review of magistrate's ruling and filed protective order; held, since magistrate rejected effort to halt deposition and deposition proceeded, subsequent appeal to district judge for review, accompanied by “motion for protective order,” did not preclude use of deposition, because it was effectively a motion for reconsideration. Sullivan v. Detroit Police Department, et al., 2009 WL 1689643 (E. D. Michigan June 17, 2009) (failure of defendant to file protective order included application of rule to bar use of deposition at trial) Mezu v. Morgan State University, 2014 WL 12734011 ( D. Maryland May 13, 2014) (because rule only creates bar if there is no ruling when deposition occurs, it goes without saying a judge can deny the motion and allow a short-notice deposition) Muldrow v. Harrison, 387 Fed. Appx. 666 (8 th Cir. July 23, 2010) (affirming use of short-notice deposition for impeachment, without detailed explanation) King v. O’Reilly Automotive Stores, Inc., 2013 WL 4511476 (W. D. Washington Aug. 22, 2013) (agreement that deposition could take place, “subject to objections,” was reached more than fourteen days before deposition; held, even if actual notice was served less than fourteen days before deposition, prior agreement rendered exclusion provision inapplicable) Mitchell v. Hood, 2015 WL 13048738 (W.D. La. Oct. 19, 2015) (non-party’s motion to quash notice and subpoena served eleven days before deposition granted) Insurance Safety Consultants, LLC v. Nugent, 2018 WL 4732430 (N.D. Texas Sep. 12, 2018) (“The language of this rule provides no room for discretion;” the prohibition on testimony obtained from a deposition on short notice is mandatory; while Defendant appeared for deposition noticed January 25 for February 2, she timely moved for a protective order, barring use of her testimony in plaintiff’s motion for summary judgment) L.L. Bean, Inc. v. Bank of America Corporation, et al., 2009 WL 10730642 (D. Maine Dec. 2, 2009) (protective order issued before deposition took place; held, deposition barred by rule 32(a)(5)(A) where original notice allowed just ten days before depositions (Nov. 20 for Nov. 30 deposition), and amended notice likewise allowed just ten days (Nov. 23 notice for December 3 deposition) Gabriel v. Albany College of Pharmacy and Health Sciences, et al., 2014 WL 3378629 (D. Vermont July 10, 2014) (ruling on motion for protective order takes matter outside rule 32(a)(5)(A)) Richardson v. BNSF Railway Company, 2014 WL 5317866 (E.D. La. October 16, 2014) (acknowledging short-notice rule, and saying 18 days is reasonable) Gao v. Snyder Companies, et al., 2012 WL 13124728 (C.D. Ill Feb. 7, 2012) (failure to file motion for protective order takes case out of rule 32(a)(5)(A) framework) Flores v. Wall, 2012 WL 4471106 (D. R. I. Sept. 6, 2012) (less than fourteen days’ notice deemed reasonable) Bates v. United States, 2014 WL 12823619 (S.D. Ala. Nov. 6, 2014) (must still confer with opposing counsel, under applicable rules, as with any motion for protective order, prior to filing 32(a)(5)(A) motion) Leys v. Lowe’s Home Centers, Inc., 2009 WL 1911818 (W. D. Mich. July 1, 2009) (court, operating under prior version of rule deeming less than eleven days reasonable notice, rejected deposition of 30 (B) (6) deponent on two grounds, specifically rule 32(a)(5)(A), and also sheer unreasonableness of requiring any entity to hastily prepare 30(b)(6) witness involving complex issues and numerous documents) Dickinson Frozen Foods, Inc. v. F PS Food Process Solutions Corporation, 2020 WL 2841517 (D. Idaho June 1, 2020) (depositions set on short notice while motion for protective order pending precluded from use in lawsuit) Liberty Mutual Insurance Group v. Panelized Structures, Inc., 2011 WL 6780875 (D. Nevada December 27, 2011) (motion for protective order granted, and use of depositions by defendant barred, because motion for protective order was timely filed, even if not labeled as an “emergency motion”) Stevens v. Stieve, 2018 WL 10688349 (W.D. Mich. December 9, 2018) (deposition barred from use by defendant where noticed just three days before scheduled deposition; plaintiff, an inmate, handed his motion to prison officials two hours before the deposition, which the court deemed to constitute filing, and to constitute a pending motion) Hannah v. Wal-Mart Stores, L.P., 2017 WL 690179 (D. Conn. Feb. 21, 2017) (trial deposition of witness outside subpoena power of parties barred because of rule 32(a)(5)(A)). Davis v. Lakeside Motor Company, Inc. 2012 WL 12897139 (N. D. Indiana Oct. 24, 2012) (deposition set on seven days notice, to take place on last day of discovery period, barred from use) Johnson v. Ivey, 2016 WL 4500800 (M. D. Georgia March 22, 2016) (in outlier ruling not cited for proposition anywhere alone) court allowed short notice deposition to be used against the deponent on summary judgment) Ocanas v. State Farm Lloyds, 2015 WL 12777220 (S. D. Texas July 29, 2015) (deposition noticed four days before close of discovery, if it proceeded, would be barred under the rule) Automated Transactions LLC v First Niagara Financial Group, 2011 WL 13213256 (W. D. N. Y. May 10, 2011) (court has no discretion to allow use of transcript where deposition was short-noticed and motion for protective order was pending at time of deposition) Landis v. Galarneau 2010 WL 446445 (E. D. Michigan Jan. 28, 2010) (rule does not remove power of court to deny motion for protective order and allow short-notice deposition) Bates v. United States, 2014 WL 12823619 (S.D. Ala. Nov. 6, 2014) (rule does not flatly say a deposition on short notice cannot be taken) Kellogg Company v. FPC Flexible Packaging Corp., 2013 WL 3805670 (W. D. Mich. July 22, 2013) (magistrate judge, before short-noticed depositions took place, granted motion for protective order, and ruled deposition could not be used if it took place as noticed; district judge upheld bar on use of transcript, but only because circumstances of case made short-notice deposition unfair, not because of rule 32(a)(5)(A), because magistrate’s ruling before deposition occurred removed it from reach of the rule) Committee notes on 1993 amendments: https://www.uscourts.gov/sites/default/files/fr_import/CV05-1991-min.pdf
Interesujesz się zarządzaniem? Zapraszamy na naszą stronę: https://www.swps.pl/strefa-zarzadzania - znajdziesz tam jeszcze więcej merytorycznych materiałów w formatach audio, wideo i tekstowych. O prelegentach: Olgierd Świda - wieloletnie doświadczenie korporacyjne z USA przekazuje managerom w Polsce. Podpowiada kadrze zarządzającej: - jak przekonywać zagraniczną publiczność do własnych racji, - jak prowadzić firmę/zespół, aby "kasa” nie była jedynym motywatorem - jak budować zaufanie u klientów, partnerów i dostawców dzięki negocjacjom win-win Od wielu lat związany z Anthony Robbinsem, do tej pory głównie w USA. Od kilku lat, w rolach "Crew Member", "Leadership" i "Senior Leader", jest częścią światowego zespołu Anthony Robbinsa organizującego szkolenia, osobiście pomagając uczestnikom przechodzić przez procesy transformacji osobistych, przełamywania barier i zmiany ograniczających przekonań. Michał Kaźmierski - doświadczony praktyk biznesu, z wykształcenia lekarz, od ponad 20 lat związany z przemysłem farmaceutycznym, gdzie zdobywał doświadczenie biznesowe oraz jako menedżer i lider. Wprowadził do Polski budując od podstaw oddziały globalnych, wiodących koncernów przemysłu farmaceutycznego zdobywając unikalne doświadczenie w zarządzaniu wszystkimi stadiami rozwoju biznesu od fazy „start-upu” do prowadzenia dojrzałej organizacji. Obecnie pracuje jako Dyrektor Generalny Gilead Sciences na Polskę oraz Kraje Bałtyckie. Trener i wykładowca Akademii Psychologii Przywództwa (od 2016) oraz platformy APPx, certyfikowany trener Insight Discovery oraz metody „Core Quality” Daniela Ofmana. Od wielu lat łączy praktykę biznesową z zainteresowaniami w obszarach rozwoju przywództwa i organizacji, zdobytą wiedzą dzieli się w trakcie szkoleń, wykładów oraz publikacji. Michał Kaźmierski jest wykładowcą na kierunku Uniwersytetu SWPS - Zarządzanie: http://bit.ly/2xHJLAa O projekcie: Strefa Zarządzania Uniwersytetu SWPS to cykliczne, otwarte spotkania podczas, których przedsiębiorcy, menedżerowie średniego i wyższego szczebla, psychologowie biznesu, innowatorzy i liderzy zmian dzielą się wiedzą, zawodowym doświadczeniem i dobrymi praktykami. Więcej o projekcie: www.swps.pl/strefa-zarzadzania
Tim rents his home as a short-term rental on summer weekends. Why is this so scary to everyone else? We discuss eleven fears about short-term rentals, one of which is legitimate. Fear not, we have a non-governmental solution for that one. All others will be #ASSUAGED!!! 11 Fears About Short Term Home Rentals Fear #1 - Home rentals hurt a town's "character" Fear #2 - Home rentals make housing less affordable Fear #3 - Home rentals are unsafe Fear #4 - Home rentals are not in compliance with building codes Fear #5 - Home rentals are not licensed and inspected as lodging places Fear #6 - Home rentals are preparing and serving food without a license Fear #7 - Home rentals are not ADA / FHA compliant for accessibility for people with disabilities Fear #8 - Home rentals do not have adequate insurance Fear #9 - Home rentals are not paying taxes Fear #10 - Home rentals are unfair competition to hotels Fear #11 - Home rentals are creating nuisances Use hashtag #ana027 to reference this episode in a tweet, post, or comment View full show notes at http://anarchitecturepodcast.com/ana027.----more----Intro Tim rents his home as a short-term rental on summer weekends. Why is this so scary to everyone else? We discuss eleven fears about short-term rentals, one of which is legitimate. Fear not, we have a non-governmental solution for that one. Discussion Tim's experiences renting his primary residence as a short-term rental on Airbnb Initial setup Moving out every weekend Strangers in your house Reputations on AirBNB Piercings, tattoos, and hardcore music Faith in humanity - people tend to be respectful of other people and of their property Airbnb facilitates peer-to-peer exchanges Fully utilize real capital assets Much more personal experience Short-term rental is nothing new, but it has become much easier Setting up a listing Airbnb bans Transient occupancy - less than 30 days ADUs and STRs Accessory dwelling units - a loophole to allow affordable forms of housing in restrictive single-family residence zones Presenting 20 minutes of deeply researched content in three minutes 11 Fears About Short Term Home Rentals Fear #1 - Home rentals hurt a town's "character" Fear #2 - Home rentals make housing less affordable Fear #3 - Home rentals are unsafe Fear #4 - Home rentals are not in compliance with building codes Fear #5 - Home rentals are not licensed and inspected as lodging places Fear #6 - Home rentals are preparing and serving food without a license Fear #7 - Home rentals are not ADA / FHA compliant for accessibility for people with disabilities Fear #8 - Home rentals do not have adequate insurance Fear #9 - Home rentals are not paying taxes Fear #10 - Home rentals are unfair competition to hotels Fear #11 - Home rentals are creating nuisances Fear #1 - Home rentals hurt a town's "character" Character - "The main or essential nature, especially as strongly marked or serving to distinguish" Joe is now a NIMBY "Character" is the free space in the middle of the board in NIMBY Bingo Apart from a potential increase in nuisances (discussed later), is a short-term rental use of a single-family home substantially different from long-term occupancy? Vacation rentals are out of character in... Vacationland...? Maine was built around vacationers 15% of homes in Maine are vacation homes. This is the highest percentage of vacation homes in the United States, and five times the national average of about 3%. This has been true every decade as far back as 1940 when 10% of homes in Maine were vacation homes. There were 3,700 AirBNB listings in Maine in 2016, which is less than 1% of homes and less than 5% of vacation homes. As long as there have been vacation homes, there has been short-term rental of vacation homes Homes used to be used in more flexible ways The ability to rent one's home on a short-term basis is a long-established property right. Removing this right should be considered a form of regulatory taking Visitors reinforce many of the things that are essential to maintaining a town's character Fear #2 - Short-term rentals make housing less affordable Maine - Less than 1% of homes are on Airbnb, less than 5% of vacation homes 2018 Study in Santa Monica CA - Short-term rental ban has had no significant impact on long-term rental prices 2015 NYC study AirDNA - problems with data Zillow - reliable data? Statistical analysis, not direct comparison Built-in bias - Investors may tend to buy properties for short-term rentals in areas that are already appreciating In NYC, short-term rentals have taken 5,000+ units off the rental market in a city of 3 million housing units with 25,000 housing starts a year, resulting in an increase of a whopping 0.5% per year in rent. Researcher was cherry-picked to get the same results he got in Canada by NYC's powerful hotel union who funded the study These results are not transferable outside of NYC Primary residences rented short-term, rooms in a primary residence rented short-term, and vacation homes rented short term would not come back on to the housing market if STRs are banned Kea Wilson at Strong Towns - renting one unit short-term allows her to keep her other units affordable. Short-term rentals optimize inefficiencies and vacancies in the housing market How Airbnb got started - subsidizing the founders' rent Tim covers 60-70% of his annual mortgage by renting during the summer season Tim's town could change one number in the zoning ordinance to double the potential capacity for housing to be built incrementally, yet they think short-term rentals are causing housing unaffordability? Fear #3 - Short-term rentals are unsafe Safety of homes vs. hotels There are approximately 91 million single-family dwellings in the US and about 2,200 deaths from fire each year. That’s one fire death per 41,000 single family dwellings. Hotels are relatively safer, with only 15 fire deaths out of about 4.8 million hotel rooms in the US. That’s 1 fire death per 320,000 hotel rooms. There are also 48 deaths from carbon monoxide from heating appliances in US homes, which is 1 death in 2.8 million homes annually. Hotels, even brand name chains, have had carbon monoxide poisonings as well. A 2012 USA Today investigation found eight carbon monoxide deaths in hotels over a three-year period. This averages to 1 carbon monoxide death in 1.8 million hotel rooms per year, which is more risky than the rate of 1 carbon monoxide death in 2.8 million homes. Short-term rentals have a different risk profile than single-family homes: Smoking is one of the leading causes of deadly residential fires, and most home rental hosts probably don’t allow smoking. Home rentals owners are also more likely to have smoke detectors. Only about 67% of single-family homes have smoke detectors, while a recent study showed that at least 80% of AirBNB hosts reported having smoke detectors (there may be more who have them but didn’t report it). While this is not perfect, it is more comparable to multi-family housing in which 88% of units have smoke detectors. AirBNB hosts can advertise smoke detectors and other safety features on their listing. AirBNB provides free smoke and carbon monoxide detectors to its hosts. In Maine, most short-term rentals probably happen in the summer when people aren’t using heating equipment or making fires in the fireplace. In Maine, Title 22 2501 requires one-family rental hosts to post signage in every bedroom notifying renters that the unit is not inspected by the DHHS, so the renters should be aware that the risks are commensurate with a single-family home, not a licensed lodging facility. Insurers issuing policies for short-term home rental units may require safety features like smoke detectors. The primary concern with a transient occupancy is unfamiliarity with the building and egress paths. Most single-family dwellings have fairly simple layouts with obvious egress paths. Deaths in short-term rentals? One death in Taiwan from CO poisoning Family of four died in gas leak in Mexico One death in an Airbnb in the USA - from a rope swing If we conservatively assume that rope swings may claim the lives of one AirBNB guest per year, that’s one death per 550,000 AirBNB listings in America. That is almost twice as safe as the 1 fire death per 320,000 hotel rooms. Of course these numbers are too small to justify these types of comparisons. The reality is that hotels are generally very safe, and so are short-term home rentals. Making your short-term rental safe Maintain smoke and carbon monoxide detectors, provide fire extinguishers, provide emergency contact information, and provide first aid kits. Fear #4 - Home rentals are not in compliance with building codes The Maine State Fire Marshal has the following statement on their “Bed & Breakfast Life Safety Requirements” page on their website at https://www.maine.gov/dps/fmo/plans/bed_breakfast.html: “You are allowed to rent to 3 outsiders without needing State approval. At 2 people per bed, that equals 1 bedroom (the 2nd rental bedroom might include a 4th person).” This appears to suggest that any short-term rental unit with more than one bedroom should be classified as a Lodging or Rooming House occupancy, requiring sprinklers, a fire alarm system, fire-rated stairways, etc., as well as a change of use permit from the State Fire Marshal. Tim believes this is an incorrect interpretation of both the NFPA 101 Life Safety Code and the Maine Uniform Building and Energy Code. Number of Occupants - NFPA 101 Life Safety Code defines a one-family dwelling as occupied by members of a single family with not more than three outsiders. The most conservative interpretation of this is four people, not three. Depending on the size of the family, and definition of “family,” there could be many more than four people and it could still be considered a one-family dwelling. Number of Occupants per Bedroom - A limit on the number of occupants does not mean a limit on the number of bedrooms. It would have been easy for the NFPA to define a one-family dwelling by the number of bedrooms, but they chose not to do that for good reason. There are many instances in the code where the use classification of a building depends on the use and number of occupants rather than the spatial configuration (Assembly >50 occupants, Healthcare with >4 people incapable of self-preservation). It is an oversimplification to say that two bedrooms equals four occupants. Short-Term vs. Long-Term Occupancy - These distinctions in the code between lodging houses and one-family dwellings apply to both transient occupancy of the unit (meaning short-term rental less than 30 days per NFPA) as well as permanent occupancy of the unit (meaning long-term rental or owner-occupancy). There is no distinction, in either the NFPA or the Maine Building Code, between short-term and long-term occupancy of one-family dwelling units. This last point means that if their Office requires two-bedroom homes used as short-term rentals to comply with the requirements for transient Lodging Houses, they would have to require every single house in the State of Maine with two or more bedrooms to apply for a change of use permit as a permanent Rooming House, and to install a sprinkler system, fire alarm system, fire-rated exit stairs, etc. Clearly this is not the intent of the NFPA. The State Fire Marshal has a more nuanced (and correct) understanding of the code than what their website statement implies. Concern is that towns will incorporate this incorrect interpretation into their land use ordinances There is some reasonable limit on the number of occupants in a single-family residence - a "family" plus three outsiders - but not a specific number "Family" is sometimes defined as "a single housekeeping unit." It does not mean relation by blood or marriage. Towns should stick to the language of NFPA 101 if trying to incorporate this requirement into their ordinance Fear #5 - Short-term rentals are not licensed and inspected as lodging places Laws and regulations are a hot mess of contradictions and confusion Departmental "Rules" are what get enforced, and bypass democratic checks and balances Innkeepers, lodging houses, victualers, campgrounds, lodging places, cottages, vacation rentals, hotels, inns, private homes, guest homes - which one are short-term home rentals? How to write a departmental rule - cut and paste the law, then change it to say whatever the hell you want it to say In Maine, private homes shall not be considered a lodging place and subject to a license where not more than three (or five?) rooms are let Fear #6 - Home rentals are preparing and serving food without a license Stop the victualization of short-term rental guests This is already covered in licensing laws and land use ordinances. Next. Fear #7 - Home rentals are not ADA / FHA compliant for accessibility for people with disabilities ADA physical access requirements generally don't apply to single family homes FHA physical access requirements generally don't apply to building with less than 3 dwelling units, or existing building unless substantially altered We don't give legal advice. Better call Saul. Are short-term rentals "public accommodations?" Probably not - more like a private lease agreement Even if ADA did apply, units might not be required to be modified to retrofit physical access features unless undergoing substantial alterations Airbnb allows people to search for accessibility features, creating a market incentive to provide them Fear #8 - Home rentals do not have adequate insurance Many owner-occupied homeowner’s policies may exclude coverage for short-term rental, and there may be some home rental hosts who are not properly insured, whether they know it or not. However there are policies available that provide coverage for the homeowner as a principal residence while also allowing a certain number of short-term rental days during the year. Our Liberty Mutual policy covering up to 180 days of short-term rentals costs us about $1000 more than a typical homeowner’s policy. AirBNB provides liability insurance for all of its hosts, however hosts should review the adequacy of this coverage with their insurance provider. If a home rental host does not have adequate coverage, they are taking a huge financial risk upon themselves and may lose their home if they lose a lawsuit. However, this is a financial decision each host needs to make, and I don’t see a role for a Planning Board or Town Council in prescribing what types of financial products a homeowner should or should not buy. Fear #9 - Home rentals are not paying taxes Income tax - Airbnb makes it easier to document rental income, and possibly to audit it. Sales / Lodging Tax - In Maine and several other states, AirBNB automatically collects and remits the 9% lodging tax to the State. This has improved compliance and income for the state. Taxation without representation Property tax - Short-term home rental owners who are not permanent residents pay property taxes without burdening the school system and other services as residents do. Fear #10 - Home rentals are unfair competition to hotels Maine Innkeepers Association - a nice sounding name for the hotel industry lobbying group Tim's town has an 80 room hotel being built... Why would they build this if short-term rentals are driving hotels out of business? Hotels and inns who choose to rent more rooms to more people for more money present greater potential risks to their occupants than home rentals, with respect to fire and life safety, health and sanitation, food service, and security. In exchange for a greater opportunity for profit, hotels creating these risks subject themselves to the State’s licensing requirements, licensing fees, inspections, and building code requirements for sprinklers, fire alarms, protected stairways, etc. Home rentals do create competition for hotels, but there is nothing unfair about them. Hosts of single-family homes are not breaking any laws or building codes, are not avoiding licensure or taxes, and are not putting their guests in harm’s way. STRs are competing, fair and square. We offer a better product at a better price in better locations than hotels can. A hotel is where you go while you are waiting to experience a place. A home rental IS the experience of a place. Fear #11 - Home rentals are creating nuisances Nuisances are a legitimate concern, and the only legitimate fear on this list. Nuisances are property rights violations according to libertarian theory Noise Regulations Subjective, difficult to measure and enforce This aggression will not stand Dependent on content and context, not just volume, frequency, and duration Existing limitations - Code / Family plus three outsiders, Licensure / up to three bedrooms (in Maine) House rules - no parties, limit number of occupants Parking This is a public space management problem Tim's town has very detailed regulations in place Parking violations are easy to enforce Short-term rental guests are allowed to park on public streets unless there is a parking restriction in place One more reason to destatalize Tim's solution: Home Rental Mediation service Neighbors file anonymous complaints Mediation service contacts rental host and negotiate ways to mitigate nuisances that are acceptable to the neighbors Communications between hosts and neighbors remain anonymous (if desired) Better than calling the cops Home rental hosts may be the best candidates to provide mediation services Fears ASSUAGED!!! Links/Resources Maine 15% of homes are vacation homes, 10% in 1940: https://www.census.gov/hhes/www/housing/census/historic/vacation.html 3,700 AirBNB hosts in Maine in 2016: https://www.pressherald.com/2017/02/22/maine-airbnb-hosts-earned-26-million-in-2016/ The Effects of Short-Term Rental Regulations: Evidence From the City of Santa Monica, by Cayrua Chaves Fonseca: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3328485“Using a dataset of Airbnb listings in the area surrounding the city of Los Angeles, I find that the ordinance has reduced the number of entire homes listed on Airbnb in Santa Monica by approximately 61%. I also study the impacts of this regulation on the long-term rental market and I find no evidence of a significant effect of the ordinance on residential rents in Santa Monica. “ CityLab article on 2018 NYC Short-Term Rental study by David Wachsmuth: https://www.citylab.com/equity/2018/03/what-airbnb-did-to-new-york-city/552749/ 91,241,000 single family homes in USA in 2009: https://www.answers.com/Q/How_many_single_family_homes_are_there_in_the_United_States 2,165 average annual fire deaths in single-family homes (2014-2016) = 80.2% of 2,700 deaths in all residential occupancies: https://www.usfa.fema.gov/downloads/pdf/statistics/v19i1.pdf 4.8 million hotel rooms in USA: https://www.quora.com/How-many-hotel-rooms-are-there-in-the-US 15 average annual fire deaths in hotels / motels (2014-2016): https://www.usfa.fema.gov/downloads/pdf/statistics/v19i4.pdf 48 average annual carbon monoxide deaths from heating appliances in USA homes (2002 - 2012). Other CO deaths from tools, generators, etc. are assumed not to be relevant to this discussion: https://www.cpsc.gov/s3fs-public/pdfs/2012NonFireCODeaths.pdf 8 hotel carbon monoxide deaths over 3 years in USA (2012): https://www.usatoday.com/story/travel/hotels/2012/11/15/hotels-carbon-monoxide/1707789/ 67% of fires in one- and two-family homes had smoke detectors present (Table 13). 88% of apartments have smoke detectors (Table 16): https://www.nfpa.org/-/media/Files/News-and-Research/Fire-statistics-and-reports/Detection-and-signaling/ossmokealarmstables.pdf At least 80% of a sample of AirBNB hosts report having smoke detectors: https://injuryprevention.bmj.com/content/early/2018/05/28/injuryprev-2018-042740 AirBNB free smoke / carbon monoxide detectors: https://www.airbnb.com/trust - click the Home Safety menu item. AirBNB rope swing death: https://www.huffingtonpost.com/entry/a-death-at-an-airbnb-rental-puts-the-tech-company-in-the-hot-seat_us_5640db66e4b0b24aee4b18f7 550,000 AirBNB listings in the USA in 2015: https://www.airdna.co/blog/2015-in-review-airbnb-data-for-the-usa Maine State Fire Marshal “Bed & Breakfast Life Safety Requirements” webpage: https://www.maine.gov/dps/fmo/plans/bed_breakfast.html“You are allowed to rent to 3 outsiders without needing State approval. At 2 people per bed, that equals 1 bedroom (the 2nd rental bedroom might include a 4th person).” NFPA 101 2009 24.1.1.1 One- and Two-Family Dwellings are defined as: “Those buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms"The commentary in Appendix A gives examples illustrating that this “family” can be a family renting the unit from a landlord (not just the homeowner’s family), along with up to three additional outsiders:“An individual or a couple (two people) who rent a house from a landlord and then sublease space for up to three individuals should be considered a family renting to a maximum of three outsiders, and the house should be regulated as a single-family dwelling in accordance with Chapter 24. (NFPA 101 2009 A6.1.8.1.1(1))” Maine Rules Relating to Lodging Establishments: https://www.maine.gov/sos/cec/rules/10/144/144c206.doc “Private homes shall not be deemed or considered lodging places and subject to a license where not more than 3 rooms are let. (2003 10-144 Ch. 206 1-B.18, exception noted after definition 32)” Referenced law Maine MRSA Title 22 2501: http://legislature.maine.gov/statutes/22/title22sec2501.html "Private homes are not deemed or considered lodging places and subject to a license when not more than 5 rooms are let;" ADA / FHA Case Law: http://www.bhgrlaw.com/blog/housing-provider-obligations-under-the-fha-and-ada-do-i-need-to-allow-service-assistance-animals-in-my-short-term-vacation-rental/“ The FHA applies broadly to housing, whether or not federal assistance is required. More specifically, the FHA applies to “dwellings,” which are occupied as, or designed or intended for occupancy as, a residence. See, 42 U.S.C. § 3602(b). While the term “residence” is not defined in the FHA, courts have interpreted it to mean “a temporary or permanent dwelling place, abode or habitation to which one intends to return as distinguished from the place of temporary sojourn or transient visit.” See e.g., United States v. Hughes Memorial Home, 396 F.Supp. 544 (W.D. Va. 1975). Thus, while a temporary residence may fall under the FHA, a mere “transient visit” does not. Courts have found a number of temporary residences to be dwellings under the FHA including, without limitation, homeless shelters, timeshare units, summer bungalows to which one regularly returns, migrant farm worker cabins, a womens’ shelter, and a drug and alcohol treatment facility. See e.g., Telesca v. Kings Creek Condo. Ass’n, 390 Fed. Appx. 877 (11th Cir. 2010); Home Quest Mortg. LLC v. Am. Family Mut. Ins. Co., 340 F.Supp. 2d 1177 (D. Kansas 2004); Connecticut Hosp. v. City of New London, 129 F.Supp.2d 123, 133 (D. Conn. 2001); Schwarz v. City of Treasure Island, 544 F.3d 1201, 1214 (11th Cir. 2008).”“... Individually-owned residential condominiums units are generally not considered “public accommodations” subject to the ADA Champlin v. Sovereign Residential Servs., 2008 U.S. Dist. LEXIS 115274 (M.D. Fla). However, a condominium building may be considered a public accommodation if it is “virtually indistinguishable from a hotel.” Id. The Court in Champlin discussed Access 4 All, Inc. v. Atlantic Hotel Condominium Association, 2005 U.S. Dist. LEXIS 41600 (S.D. Fla.), in which a condominium building was in fact considered a public accommodation. In that case, there was no governing condominium association board, certain units were operated as hotel units, the governing documents defined the hotel units, a separate entity was retained to manage room reservations, and every unit owner had the option to include his or her unit in the rental program."An individually-owned condominium unit that is rented out as a short-term vacation rental of 30 days or less arguably does not fall under the ADA if the condominium building is not operated like a hotel.” AirBNB host protection liability insurance: https://www.airbnb.com/host-protection-insurance Maine Innkeepers Association testimony to the State legislature, raising every one of these unfounded fears in order to seek monopolizing governmental protections for their industry’s special interests: http://legislature.maine.gov/bills/getTestimonyDoc.asp?id=26701“...The spread of unlicensed lodging places needs to be stopped, at least the spread in high risk applications and we believe that overnight lodging is where this danger starts.” AirBNB Neighbor Complaints: https://www.airbnb.com/neighbors“After you fill out the form, you’ll get a confirmation email with a case number and a copy of your responses. Our team will review your complaint. If we match it with an active Airbnb listing, we’ll send your message to the host when possible.
Invitada especial: Ana Marin (@mujerdepocafe) No te pierdas de leer todos los enlaces comentados en los Moments de nuestra cuenta de Twitter. Hoy presentamos: - Spotify se pone en plan de rompehogares - Facebook cambia su manejo de ubicación geográfica en Android y iOS - Uber es estafada por su agencia de medios - Eventbrite se hace un makeover y queda muy guapa - Nuevas opciones en Stories para celebridades y creadores - Guia completa para grupos en Facebook - Instagram ahora va sobre TikTok con algo llamado Clips - ¿Los cambios sobre mostrar Likes afectan al marketing? No en realidad - YouTube es el nuevo hogar de los podcasts - Los creadores en YouTube la sufren con los cambios a contenido infantil - Cambios importantes en Ads: Compras dentro de la app de Facebook y en Instagram las publicaciones con shopping tags ya se podrán pautar - Digamos "Adios" a las publicaciones orgánicas, dice el Master de Masters, Avinash Kaushik
Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit. Show Notes & References 1:42 LRE (Least Restrictive Environment) - 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.114; 34 C.F.R. § 300.115 2:50 IDEA (Individual with Disabilities Education Act) - 20 U.S.C. § 1400 et seq. 7:34 Sacramento City Unified Sch. Dist. v. Rachel H. (9th Cir. 1994) 14 F.3d 1398 11:05 Poolaw v. Bishop (9th Cir. 1995) 567 F.3d 830 20:12 K.M. v. Tehachapi Unified Sch. Dist. (E.D. Cal. Apr. 5, 2017) Case No. 1:15-cv-001835 LJO JLT, 2017 WL 1348807 23:02 Solorio v. Clovis Unified Sch. Dist. (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, 748 Fed.Appx. 146 32:47 R.M. by and through S.M. v. Gilbert Unified Sch. Dist. (9th Cir. Apr. 24, 2019) Case No. 17-16722, 768 Fed.Appx. 720 34:45 Baquerizo v. Garden Grove Unified Sch. Dist. (9th Cir. 2016) 826 F.3d 1179 For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode Ex concludes the book We Exist by reading Appendix A: "The Root Association Method." Thank you for listening, enjoy :) --- Send in a voice message: https://anchor.fm/tocreate/message
Michał Kaźmierski - doświadczony praktyk biznesu, z wykształcenia lekarz, od ponad 20 lat związany z przemysłem farmaceutycznym, gdzie zdobywał doświadczenie biznesowe oraz jako menedżer i lider. Wprowadził do Polski budując od podstaw oddziały globalnych, wiodących koncernów przemysłu farmaceutycznego zdobywając unikalne doświadczenie w zarządzaniu wszystkimi stadiami rozwoju biznesu od fazy „start-upu” do prowadzenia dojrzałej organizacji. Obecnie pracuje jako Dyrektor Generalny Gilead Sciences na Polskę oraz Kraje Bałtyckie. Trener i wykładowca Akademii Psychologii Przywództwa (od 2016) oraz platformy APPx, certyfikowany trener Insight Discovery oraz metody „Core Quality” Daniela Ofmana. Od wielu lat łączy praktykę biznesową z zainteresowaniami w obszarach rozwoju przywództwa i organizacji, zdobytą wiedzą dzieli się w trakcie szkoleń, wykładów oraz publikacji.
Key takeaways from Dan. This is so 1st Edition.... This Campaign sucks....
Noticias semanales sobre Social Media y marketing digital del 28 de enero al 3 de febrero en menos de una hora. La mezcla ideal de noticias y análisis para esas juntas y pitches con jefes y clientes. Aprobado por Spotify. Con Allan Vázquez (@allan05) y Angel Buendia (@angelbc). No te pierdas de leer todos los enlaces comentados en los Moments de nuestra cuenta de Twitter. Hoy presentamos: - Facebook se pasa de listo (otra vez) con una app para "investigación" - Una lista completa de algoritmos en medios sociales - Aparecen "bandas fantasma" en Spotify - Hulu estrena un formato de anuncio que Netflix seguro va a copiar - BuzzFeed recorta su staff y oficinas - ¿Qué significa esto para los medios digitales? - Facebook entrega resultados del Q4 y los resultados son escalofriantes
Substance - Becoming oaks of righteousness in a world of vapor. Visit http://highpointchurch.org/resources/sermons/ to listen to the sermon series based on the book, written by our lead pastor, Nic Gibson.
Substance - Becoming oaks of righteousness in a world of vapor. Visit http://highpointchurch.org/resources/sermons/ to listen to the sermon series based on the book, written by our lead pastor, Nic Gibson.
Substance - Becoming oaks of righteousness in a world of vapor. Visit http://highpointchurch.org/resources/sermons/ to listen to the sermon series based on the book, written by our lead pastor, Nic Gibson.
Substance - Becoming oaks of righteousness in a world of vapor. Visit http://highpointchurch.org/resources/sermons/ to listen to the sermon series based on the book, written by our lead pastor, Nic Gibson.
Substance - Becoming oaks of righteousness in a world of vapor. Visit http://highpointchurch.org/resources/sermons/ to listen to the sermon series based on the book, written by our lead pastor, Nic Gibson.
This week on Digital Fiasco: Mafia III embargo, Microsoft’s APPX encryption issues, Sean Murray found alive and well, Bethesda still talking about PS4 mods, Quantum Break’s Direct X 12 issues, Pandemic’s Lost projects, the return of Bulletstorm, and Digital Homicide’s legal snafu. We’ll also talk about our favorite Indies and grinding for trophies. Finally, weRead more about Episode 02: Digital Homicide and Microsoft’s Bad Week[...] The post Episode 02: Digital Homicide and Microsoft’s Bad Week appeared first on Digital Fiasco.
In this story Prince Prospero and 1000 of his friends are protected in his castle, while the Red Death devastates the people. Appx 22 Minutes
In this story Prince Prospero and 1000 of his friends are protected in his castle, while the Red Death devastates the people. Appx 22 Minutes
We talk with John Sheehan about project Centennial, the tool for converting your existing apps to Windows store apps. Is it possible to have a software developer career over 50? And the art of shuffling music.
Richard talks to Steve Thomas about AppV and AppX. AppV is short for Application Virtualization, a huge growth area of virtualization, providing tools to allow you to encapsulate applications to simplify deployment and configuration - or to not deploy them at all and allow them to run remotely. Steve talks about AppX, based on the Open Packaging Conventions (OPC) that helps to define application configuration and deployment requirements which at this point is focused on Windows 8.1 Store Apps. Beyond AppV is User Experience Virtualization, on the way to full Desktop Virtualization. How far will you go?
Download the MP3 file of this posting. Blockbuster v. Galeno, 2006 WL 3775326, Docket No. 05-8019 (2d Cir. Dec. 26, 2006). On March 23, 2006, the United States Court of Appeals for the Second Circuit handed down a summary order remanding this case against Blockbuster back to state court, in order to meet CAFA’s 60 day time limit to render decision under 1453(c)(2). The summary order can be found at Galeno v. Blockbuster, Inc., 171 Fed. Appx. 904 (2d Cir. 2006). On December 26, 2006, Circuit Judge Cardamone, writing for the Second Circuit, handed down an opinion explaining its reasoning behind the summary order.The case was originally filed as a class action in New York State Supreme Court on February 15, 2005 by Michael L. Galeno and other Plaintiffs against Blockbuster regarding Blockbuster’s “No Late Fee” program. The plaintiffs alleged deceptive business practice under New York law along with unjust enrichment under common law. The court noted that Blockbuster’s conduct resulted in a suit being brought by 47 Attorneys General and the District of Columbia which resulted in settlement and closing of the program by March 15, 2005. The no late fee program began on January 1, 2005, and it was widely advertised by Blockbuster. Under the program, Blockbuster no longer charged customers late fees for keeping rented videos past their due date, but instead automatically converted the rental to a sale of the video on the eighth day past the video’s original due date. The customer was billed for the selling price of the video minus the initial rental fee already paid. If the customer returned the video within 30 days after the sale date, Blockbuster refunded the sales price minus a $1.25 restocking fee. The complaint alleged that the advertising was deceptive because it omitted the material fact that customers would be charged a sale fee. Blockbuster included some information on its website, but allegedly did not make the details clear. Also, Blockbuster allegedly omitted pertinent details from its store signage and television advertising. The plaintiff alleged this advertising program violated New York General Business Law. The plaintiff claimed that there were thousands of members of the class with statutory damages of $50 dollars per customer. Blockbuster removed the action to federal court on April 1, 2005 asserting diversity jurisdiction under both complete diversity and minimal diversity based on CAFA. The plaintiffs moved for remand on the ground that the federal court lacked jurisdiction because Blockbuster could not satisfy the CAFA amount in controversy of $5 million. Blockbuster filed under seal a declaration by its senior vice president and corporate controller, James Howell. The declaration described the total amount of restocking fees and converted sales incurred by New York customers from January 1, 2005 to May 19, 2005. Blockbuster also asserted that CAFA changed the traditional rule applied in the complete diversity context, that the party seeking removal to federal court bears the burden of establishing jurisdiction, citing Yeroushalmi v. Blockbuster, Inc., No. 05-225, 2005 WL 2083008 (C.D. Cal. July 11, 2005) (implicitly overruled by Abrego v. Dow Chemical Company). (Editors' Note: See the CAFA Law Blog analysis of Yeroushalmi posted on November 28, 2005 and the CAFA Law Blog analysis of Abrego posted on May 25, 2006). On July 13, 2005, the district court issued a brief order denying the motion to remand stating “I’m in substantial agreement with [the Yeroushalmi court].” The court did not, however, explain the basis on which it found subject matter jurisdiction. The plaintiff filed a motion for permission to appeal the district court’s ruling, which the Second Circuit granted. The Second Circuit issued the summary order on March 23, 2006, and vacated and remanded the order of the district court with instructions that the district court explain its calculation of the reasonably probable damages. On this appeal, the issue before the Second Circuit was which party bears the threshold burden of proof of demonstrating the existence of minimal diversity jurisdiction under CAFA upon removal. (Editors' Note: To see the CAFA Law Blog view of the issues, see the law review article by CAFA Law Blog Editors Hunter Twiford, Anthony Rollo and John Rouse entitled “CAFA’s New ‘Minimal Diversity’ Standard For Interstate Class Actions Creates A Presumption That Jurisdiction Exists, With The Burden Of Proof Assigned To The Party Opposing Jurisdiction.”). The court began by outlining CAFA’s new jurisdictional provisions. Next, the court turned to the case at hand to see if the requirements of CAFA were met, but paused first to discuss the burden of proof. Naturally, the parties took separate sides as to the burden of proof question. Blockbuster pointed to CAFA’s legislative history for the answer. The appeals court stated that the district court was wrong in following the Yeroushalmi case. The Court also cited DiTolla v. Doral Dental, a prior ruling of the Second Circuit holding CAFA did not change the burden of proof. (Editors' Note: See the CAFA Law Blog analysis of Doral Dental posted on December 28, 2006). The judge conceded that Congress displayed an aim in CAFA to broaden certain aspects of federal jurisdiction for interstate class actions, but that Congress also must have appreciated the law regarding removal as noted in Brill. (Editors' Note: See the CAFA Law Blog analysis of Brill posted on November 2, 2005). CAFA’s Senate Judiciary Committee Report was of minimal value to the Court because, it says, the Report was issued ten days after the enactment of CAFA. The court cited Abrego and Miedema for the propositions that Congress has to explicitly overrule precedent and committee reports cannot serve as an independent statutory source. (Editors' Note: See the CAFA Law Blog analysis of Miedema posted on August 22, 2006. See also the CAFA Law Blog critique of the Miedema decision posted on August 22, 2006). The court followed Abrego, Evans, Brill [In that order, the Ninth, Eleventh and Seventh] noting that every circuit court that has considered the issue has reached the same conclusion. (Editors' Note: See the CAFA Law Blog analysis of Evans posted on May 25, 2006 and the critique of Evans posted on May 26, 2006)] The Court did note that a plaintiff seeking remand bears the burden to show the applicability of CAFA’s abstention exceptions, once the threshold subject matter jurisdiction has been established. (Editors' Note: the court cited Hart, Frazier and Evans for this authority. See the CAFA Law Blog analysis of Hart posted on August 21, 2006 and the analysis of Frazier posted on August 17, 2006). After the court’s review of the burden of proof standard, the court returned to determine if minimal diversity was met. The named plaintiff was a resident of New York along with thousands of New York customers identified in the complaint. Blockbuster is a citizen of Delaware and Texas. The court quickly determined the minimal diversity of citizenship requirement was met. Next, as to the $5 million requirement, the Second Circuit determined that the district court had not made any findings and offered no explanation as to how it calculated the amount in controversy. Therefore, the Circuit Court could not properly review the district court’s ruling on the issue. The Second Circuit remanded for the district court to explain its calculation of damages. (Editors' Note: For a critique of the Second Circuit’s ruling on the burden of proof issue, see our new analysis describing why the Editors believe that Blockbuster and other Courts’ reliance on the publication date of the Senate Judiciary Committee Report as a ground to discredit that Report leads to an incorrect conclusion. Our new analysis will be posted tomorrow. Tune in tomorrow. Same Bat time. Same Bat channel.) Don't forget. Please be kind and rewind.
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