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Home Practice areas International Arbitration 2019 Switzerland
International Arbitration 2019 | Switzerland
Arbitration procedure
Interim relief
Challenge of the award
Enforcement of the award
Revision of the Swiss Arbitration Law
For more than a century, Switzerland has been one of the preferred venues for hosting international arbitrations. Switzerland's arbitration-friendly approach, political neutrality, well-developed legal system, sophisticated arbitration community, geographically convenient location, excellent infrastructure as well as openness of mind to different values, cultures and perceptions continue to make it a leading place for arbitrating international disputes.
International arbitrations in Switzerland are governed by Chapter 12 of the Swiss Private International Law Act ("PILA") provided that: (i) the seat of the arbitral tribunal is in Switzerland; (ii) at least one of the parties to the arbitration had neither its domicile nor its habitual residence in Switzerland at the time of the conclusion of the arbitration agreement; and (iii) the parties did not exclude the application of Chapter 12 PILA, and agree on the application of the third part of the Swiss Code of Civil Procedure (which contains the rules for domestic arbitration proceedings) by making an express declaration in the arbitration agreement or in a subsequent agreement (article 176 PILA). Chapter 12 PILA, the lex arbitri for international arbitrations in Switzerland, is hereinafter also referred to as "Swiss Arbitration Law". An unofficial English version is available at: swissarbitration.org/ Arbitration/Arbitration-Rules-and-Laws.
The Swiss Arbitration Law – which is not based on the UNCITRAL Model Law (but there are no fundamental differences) – gives paramount importance to party autonomy for most issues and, in the absence of an agreement between the parties, allows for wide discretion of the arbitral tribunal. The Swiss Arbitration Law is currently under revision (see last chapter for further information on the revision).
Switzerland is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("New York Convention"). As Switzerland withdrew its reciprocity reservation in 1993, also the recognition and enforcement of awards rendered by an arbitral tribunal seated in a non-member state of the New York Convention is governed by the New York Convention.
There are different arbitration and arbitration-related institutions active in Switzerland. The Swiss Chambers' Arbitration Institution ("SCAI") is an arbitration institution which was formed by six major chambers of commerce (Zurich, Geneva, Basel, Berne, Ticino and Vaud) and administers arbitrations under the Swiss Rules of International Arbitration ("Swiss Rules"). The Swiss Rules, initially adopted in 2004, were based on the UNCITRAL Arbitration Rules, to which changes and additions necessary for institutional arbitrations, as well as to reflect modern practice and comparative law in international arbitration, have been made. The Swiss Rules were revised and modernised in 2012.
A remarkable feature of the Swiss Rules is that the arbitral tribunal has jurisdiction to hear a set-off defence even if the relationship out of which the defence is said to arise is not within the scope of the arbitration clause, or falls within the scope of another arbitration agreement or forum-selection clause (article 21(5) Swiss Rules). If the amount in dispute does not exceed CHF 1 million, the Swiss Rules foresee an expedited procedure where the award shall be rendered within six months from the date on which the file was transmitted to the arbitral tribunal by SCAI (article 42 Swiss Rules). Of course, the parties may also agree on the application of the expedited procedure rules in the event of a larger amount in dispute.
Another important arbitration institution in Switzerland is the Court of Arbitration for Sport ("CAS") in Lausanne. The CAS provides for services in order to facilitate the settlement of sports-related disputes through arbitration and mediation by means of procedural rules adapted to the specific needs of the sports world. CAS arbitrations are governed by the Code of Sports-related Arbitration (CAS Code).
The Arbitration and Mediation Centre of the World Intellectual Property Organisation (WIPO), based in Geneva, offers alternative dispute resolution options for the resolution of international commercial disputes between private parties, in particular regarding IP, technology and domain name disputes.
In terms of form, an arbitration agreement is valid if it is made in writing, by telegram, telex, telefax or any other means of communication (including email) which permits it to be evidenced by text (article 178(1) PILA). The arbitration agreement can also be contained in by-laws of a company or in general terms and conditions. Even an exchange of drafts containing an arbitration clause during contract negotiations may suffice to fulfil the form requirement.
In terms of substance, the arbitration agreement is valid if it conforms either to the law chosen by the parties (specifically to govern the arbitration agreement), or to the law governing the subject matter of the dispute, in particular the law governing the main contract, or to Swiss law (article 178(2) PILA; principle of favor validitatis).
Under Swiss Arbitration Law, any disputes involving an economic interest may be the subject matter of an arbitration (article 177(1) PILA). Accordingly, all claims with a financial value for one of the parties are, in principle, arbitrable. Therefore, also disputes regarding intellectual property rights, annulment of decisions of corporations or associations, competition law, etc., are arbitrable.
Swiss Arbitration Law recognises the doctrine of separability (principle of autonomy of the arbitration clause or doctrine of severability) by stating that the arbitration agreement cannot be contested on the ground that the main contract is not valid (article 178(3) PILA). Accordingly, the main contract and the arbitration agreement are treated as two separate contracts, and the invalidity of the main contract does not in and of itself trigger the invalidity of the arbitration agreement and vice versa.
The arbitral tribunal shall itself decide on its jurisdiction (article 186(1) PILA; principle of competence-competence). It shall decide on its jurisdiction notwithstanding any potential action on the same matter between the same parties already pending before a state court or another arbitral tribunal, unless there are serious reasons to stay the proceedings (article 186(1bis) PILA).
In principle, the arbitral tribunal is only obliged to examine its own jurisdiction if a party has raised an objection in this regard. Such a plea of lack of jurisdiction must be raised prior to any defence on the merits (article 186(2) PILA).
The arbitration agreement is a contract and as such, in accordance with the principle of "privity of contract", can only produce its effects inter partes, i.e. between the contracting parties. It follows that, as a matter of principle, third parties are neither bound by an arbitration agreement nor can they rely thereon. This general rule is subject to a number of exceptions. Case law and legal doctrine have identified several situations where an arbitration agreement can be "extended" to a non-signatory under Swiss law, e.g.:
Succession, assignment or other forms of transfer: Under Swiss law, an arbitration agreement may be transferred by way of assignment, succession, subrogation as well as in case of insolvency.
Valid representation: According to Swiss law on agency and representation, a party can be bound by an arbitration clause formally entered into by another person.
Implied consent: An arbitration agreement can be extended to a non-signatory if the latter has participated in the conclusion or performance of the contract containing the arbitration agreement, and its intent to be bound by the arbitration agreement can be inferred from that participation.
Piercing of corporate veil: While the legal independence existing between a corporate body and its shareholders has to be respected and is usually enforced under Swiss law, exceptional circumstances may allow to disregard the legal independence and to "pierce the corporate veil" in order to apply an arbitration clause to a non-signatory party (i.e. the shareholder/parent company). To that effect, the party requesting the extension of the arbitration clause must establish that the company which signed the arbitration clause was used by its shareholder to hide behind the separate legal entity and that such behaviour constitutes an evident abuse of right.
Third-party beneficiary contract: In case of a so-called genuine contract in favour of a third party, i.e. a contract in which the parties confer a right on a third party (the beneficiary), and that third party has an own independent right to compel performance of the contract, this third party can actively rely on the arbitration clause in the contract in order to bring its own claim against the contracting party.
The so-called "group of companies doctrine" does not apply in Switzerland, i.e. the existence of a group of companies does not automatically result in a binding effect of the arbitration agreement on non-signatory companies of that group.
The parties may, directly or by reference to rules of an arbitral institution, determine the arbitral procedure; they may also submit the arbitration procedure to a procedural law of their choice (article 182(1) PILA). If the parties have not determined the procedure, the arbitral tribunal shall determine it to the extent necessary (article 183(2) PILA). Regardless of the procedure chosen, the arbitral has to ensure the equal treatment of the parties and their right to be heard in adversarial proceedings (article 182(3) PILA).
Swiss law does not stipulate how proceedings have to be initiated. In the absence of an agreement in this regard, the claimant can start the proceeding by appointing its party-appointed arbitrator and request the respondent to do the same. If need be, assistance from a state court is available for constitution of the arbitral tribunal.
If the place of arbitration has not been determined by the parties or by the arbitral institution, it shall be fixed by the arbitral tribunal (article 176(3) PILA). Also, the language shall be determined by the arbitral tribunal failing an agreement of the parties.
The arbitral tribunal shall itself conduct the taking of evidence (article 184 PILA). The parties may agree on the procedural rules that the arbitral tribunal shall follow for the taking of evidence, directly or indirectly by reference to arbitration rules. Otherwise, the arbitral tribunal has wide discretion in this regard. Often, arbitral tribunals seek guidance in, but will not see themselves bound by, the IBA Rules on the Taking of Evidence in International Arbitration. Accordingly, it is common that the parties are requested to file written witness statements and that counsel will examine the witnesses in the hearing. That said, there is usually also no US-style discovery, but the parties may request the production of specific documents which are relevant to the case and material to its outcome, not in the requesting party's possession but likely in the counter party's possession or under its control. How the recently adopted Prague Rules (Rules on the Efficient Conduct of Proceedings in International Arbitration) will come into play in arbitration in Switzerland remains to be seen.
While the right to be heard includes the right to submit evidence and to request appropriate evidence-taking measures, an arbitral tribunal is allowed to refrain from assessing pieces of evidence presented by a party if the presented evidence is unfit to support the alleged fact, or if the fact to be proven by this piece of evidence is already sufficiently established by other evidence and the arbitral tribunal concludes that the additional evidence would not change its assessment. This so-called "right to an anticipatory assessment of evidence" has just recently been confirmed by the Swiss Federal Supreme Court (Decision 4A_550/2017 of 1 October 2018 as well as Decision 4A_65/2018 of 11 December 2018).
While hearings are usually held in practice, Swiss Arbitration Law does not require this. The hearing usually includes opening statements as well as witness and expert examinations. Closing statements are frequently replaced with post-hearing briefs filed after the hearing.
If the assistance of a state court is necessary for the taking of evidence, the arbitral tribunal, or a party with the consent of the arbitral tribunal, may request the assistance of the state court at the seat of the arbitral tribunal (article 184(2) PILA). The court at the place of arbitration also has jurisdiction for any further judicial assistance (article 185 PILA). In practice, interventions of Swiss courts are very rare. Procedural orders made by an arbitral tribunal cannot be challenged before Swiss courts.
The principle of iura novit curia or iura novit arbiter applies in international arbitrations in Switzerland. Therefore, the arbitral tribunal is deemed to know the law, must apply it ex officio and, as consequence, the parties do not have to prove the law. Arbitrators are also not limited by the legal submissions of the parties and can apply other legal provisions or principles for their decision. However, in case the arbitral tribunal intends to base its decision on legal provisions/principles that were not addressed during the proceedings and their relevance was not foreseeable by the parties, the arbitral tribunal must give the parties the opportunity to present their position on these legal issues. Otherwise, such surprise might constitute a violation of the right to be heard (see Decision 4A_525/2017 of 9 August 2018).
Swiss Arbitration Law is silent on the issue of confidentiality. While arbitrations in Switzerland are considered to be private and not open to the public, it is not settled yet whether and to what extent arbitration proceedings are confidential. Under the Swiss Rules, the parties, arbitrators, tribunal-appointed experts, the secretary of the arbitral tribunal and the SCAI undertake to keep confidential all awards and orders as well as all materials submitted by another party in the framework of the arbitral proceedings (article 44 Swiss Rules).
There are no restrictions under Swiss Arbitration Law as to who may act as an arbitrator. The arbitrator must be (and remain throughout the proceedings) independent and impartial and should meet the qualifications agreed upon by the parties (article 180(1) PILA).
If the parties have not agreed on the number of arbitrators, the arbitral tribunal shall consist of three members. If expedited proceedings under the Swiss Rules apply, generally only one person will sit as arbitrator.
The arbitrators are to be appointed in accordance with the agreement of the parties (article 179(1) PILA), be it directly as per the arbitration agreement or by way of reference to an institutional rule containing provisions on the appointment of the arbitrator(s). Absent such an agreement, the court at the place of arbitration has jurisdiction to appoint arbitrators (article 179(2) PILA) unless a summary examination shows that no arbitration agreement exists between the parties (article 179(3) PILA).
An arbitrator may only be challenged if she or he does not meet the qualifications agreed by the parties, if the rules of arbitration agreed by the parties provide for a ground for challenge, or if circumstances exist that give rise to justifiable doubt as to her or his independence or impartiality (article 180(1) PILA). A person asked to take the office of an arbitrator must disclose any circumstances that might raise reasonable doubts about her or his independence or impartiality. This duty continues throughout the proceedings.
Any ground for challenge must be notified to the arbitral tribunal and the other party without delay (article 180(2) PILA). The failure to timely challenge the arbitrator will result in the forfeiture of the right to challenge the arbitrator.
Absent an agreement of the parties to the contrary, the court at the place of arbitration has jurisdiction to decide challenges of arbitrators (article 180(3) PILA). The decision of the court is final and cannot be appealed. In case the parties designated an authority for the decision on the challenge of an arbitrator (usually by way of reference to institutional rules), the designated authority's decision is final in the sense that it cannot be appealed directly. However, such decision can be challenged indirectly in setting aside proceedings arguing an improper constitution of the arbitral tribunal.
Even though the IBA Guidelines on Conflicts of Interest in International Arbitration are not binding, unless agreed by the parties, these rules play an increasing role in practice. The Swiss Federal Supreme Court even qualified these guidelines in one of its decisions as a "valuable working tool" and relied on the guideline's "green list" to hold that the situation in question did not affect the challenged arbitrator's independence or impartiality.
Swiss Arbitration Law is silent on the issue of immunity of arbitrators from liability. According to the majority view of legal doctrine, arbitrators may only be held liable in case of wilful intent or gross negligence. Swiss Rules stipulate an exclusion of the arbitrators' liability except if the act or omission is shown to constitute intentional wrongdoing or gross negligence (article 45 Swiss Rules).
Unless the parties have agreed otherwise, the arbitral tribunal as well as the state courts have a concurring jurisdiction to order provisional or conservatory measures.
Swiss Arbitration Law currently contains no express regulation of emergency arbitrator proceedings, i.e. the proceedings for interim relief prior to the constitution of the arbitral tribunal. Under the Swiss Rules, urgent interim relief can be requested from an emergency arbitrator unless the parties have agreed otherwise (article 43 Swiss Rules).
Swiss Arbitration Law does not contain a specific list of interim measures which may be ordered by an arbitral tribunal. It is the prevailing view that arbitral tribunals are not limited to the interim measures available under the lex fori of Swiss state courts. Arbitral tribunals have wide discretion as to the contents of provisional measures. While there has been a debate as to which measures can be granted with regard to the securing of monetary claims, the current understanding seems to be that monetary claims can be secured in a variety of forms, including freezing orders (ad personam), deposits of money in escrow, interim payment orders, etc. However, the attachment of assets (ad rem) as foreseen in the Swiss Debt Enforcement and Bankruptcy Act is considered not to fall within the authority of an arbitral tribunal.
Security for costs, i.e. security for the future claim for reimbursement of the costs incurred in the arbitration, constitutes an interim measure in the sense of article 183(1) PILA and can be requested from an arbitral tribunal, under specific circumstances also in the form of an (enforceable) award.
It is controversial in Swiss legal doctrine whether anti-suit or anti-arbitration injunctions may be ordered by the arbitral tribunal.
If a party does not voluntarily comply with the provisional measures ordered by the arbitral tribunal, the arbitral tribunal may seek the assistance of the state court (article 183(2) PILA). It is controversial whether private sanctions for non-compliance, in particular penalties or "astreintes", can be imposed by the arbitral tribunal in case of failure to comply with the ordered interim measures, especially where there is no respective agreement among the parties. It is the prevailing view that the order of interim measures of an arbitral tribunal cannot be combined with a threat of public-law or criminal-law sanctions in case of non-compliance, in particular according to article 292 Swiss Criminal Code.
The award has to be rendered in conformity with the rules of procedure and in the form agreed by the parties. In the absence of such an agreement, the arbitral award shall be rendered by a majority or, in the absence of a majority, by the chairperson alone (article 189 PILA).
The award has to be in writing, supported by reasons, dated and signed. The signature of the chairperson is sufficient (article 189 PILA). The parties may agree that no reasons are to be given.
Swiss Arbitration Law does not stipulate any time limit for the rendering of the award. The Swiss Rules only stipulate a time limit for the rendering of the award in expedited proceedings, in which the award shall be made within six months from the date on which the SCAI secretariat transmitted the file to the arbitral tribunal (article 42(1)(d) Swiss Rules).
Swiss Arbitration Law is silent on the allocation and recovery of arbitration costs. Absent any agreement of the parties, the arbitral tribunal has a wide discretion in this regard. In general, arbitral tribunals tend to follow the principle of "costs follow the event".
Interest is a substantive law issue under Swiss law. If Swiss law is the law applicable to the merits of the case, pre- and post-award interest can be awarded. The interest rate foreseen by Swiss law is 5% per year.
Awards can only be challenged before the Swiss Federal Supreme Court and only for the following exhaustive grounds (article 190(2) PILA):
the sole arbitrator has been improperly appointed or the arbitral tribunal has been incorrectly constituted;
the arbitral tribunal has wrongly assumed or denied jurisdiction;
the arbitral tribunal has decided beyond claims submitted to it (ultra petita) or failed to decide one of the claims submitted to it (infra petita);
the principle of equal treatment of the parties or their right to be heard has been violated; or
the award is incompatible with public policy.
Challenges of an arbitral award must be filed with the Swiss Federal Supreme Court within 30 days from the notification of the arbitral award to the parties. The proceedings are very streamlined and the Swiss Federal Supreme Court renders its decision on average in about seven months from the date of the award.
Unless the applicable regulations do not require the original copy of the award to be sent to the parties, the notification of the award by telefax or email does not trigger the 30-day time limit for challenging the award. In particular, as held by the Swiss Federal Supreme Court in a recent decision, in ICC arbitrations only the serving of the original copy of the award triggers the 30-day time limit for challenging the award; the receipt of the previous courtesy copy by email from the ICC does not cause the said time limit to start running (Decision 4A_40/2018 of 26 September 2018).
Only awards (final or interim awards) can be challenged, not procedural orders. Whether a decision qualifies as award or procedural order depends on its content and not on the labelling by the arbitral tribunal as the former or the latter. In a recent decision, the Swiss Federal Supreme Court confirmed this "substance over form" approach by requalifying a decision of the arbitral tribunal labelled as "procedural order" into an interim award (Decision 4A_136/2018 of 30 April 2018).
Due to the very limited grounds for challenging an award and the arbitration-friendly policy of the Swiss Federal Supreme Court, the success rate in set-aside proceedings is very low. In fact, statistics show that less than 8% of the challenges are successful.
The parties may exclude the possibility to challenge the arbitral award by express statement in the arbitration agreement or a subsequent written agreement provided that none of the parties has its domicile, its habitual residence or place of business in Switzerland (article 192(1) PILA).
While Swiss Arbitration Law is silent in this regard, the Swiss Federal Supreme Court has held that arbitral tribunals may correct or interpret arbitral awards upon request of a party. Such a request for correction or interpretation of the award does not interrupt the time limit for the challenge of the award with the Swiss Federal Supreme Court.
Even though Swiss Arbitration Law also does not contain any provisions on the revision of awards, the Swiss Federal Supreme Court has held that the revision of an award can be requested in case the award has been influenced by a crime or felony to the detriment of the applicant, or in case the applicant has discovered relevant facts or convincing evidence, which the applicant was unable to rely on in the previous proceedings even though they already existed at the time of the rendering of the award.
In a decision in the year 2017, the Swiss Federal Supreme Court has indicated that parties cannot request a revision of an award in case they have validly excluded the possibility to challenge the award (Decision 4A_53/2017 of 17 October 2017).
An award rendered by an arbitral tribunal seated in Switzerland is final and thus enforceable as of its notification.
The recognition and enforcement of foreign arbitral awards in Switzerland is governed by the New York Convention (article 194 PILA), also if the arbitral award was rendered by an arbitral tribunal seated in a non-member state of the New York Convention.
Based on the New York Convention, foreign arbitral awards are recognised and enforced in Switzerland upon an application accompanied by: (i) a duly authenticated original award or a duly certified copy thereof; (ii) an original of the arbitration agreement or a duly certified copy; and (iii) translations of the award and the arbitration agreement, if necessary. Swiss courts tend to avoid a formalistic approach regarding these requirements. Accordingly, where the authenticity of the award or the arbitration agreement is not in dispute, ordinary copies (without legalisation or certification) are sufficient. In addition, the Swiss Federal Supreme Court has held that Swiss courts may dispense with the requirement of translation of the award into an official language of Switzerland if the award is in English.
In Switzerland, the procedure for enforcing arbitral awards varies depending on the relief granted. While arbitral awards granting monetary relief are enforced in debt-collection proceedings in accordance with the Swiss Debt Collection and Bankruptcy Act, arbitral awards granting non-monetary relief (e.g. specific performance or declaratory relief) are enforced in accordance with the provisions in the Swiss Code of Civil Procedure.
The Swiss Arbitration Law is currently being revised with the purpose of modernising it and enhancing the attractiveness of Switzerland as a place for international arbitration.
After the release of a preliminary draft in January 2017 and a consultation procedure in which the cantons, political parties, academics, arbitration organisations and practitioners provided feedback on the preliminary draft, the Swiss Federal Council released the draft bill concerning the revised Swiss Arbitration Law in October 2018. As a next step, this draft bill will be discussed in the Swiss Parliament, which will decide whether and to what extent the proposed amendments will be adopted.
Besides correcting certain stylistic inconsistencies, the proposed amendments shall implement the Swiss Federal Supreme Court's jurisprudence, clarify certain open issues and enhance the user-friendliness of Swiss Arbitration Law.
The following proposed amendments are of particular relevance:
Appointment of arbitrators: In case the parties have not stipulated a seat of the arbitral tribunal or in case they stipulated that the seat is in Switzerland, the state court first seized is competent for the appointment of the arbitrator(s).
Express provision stipulating the parties' duty to object immediately: It is well established case law in Switzerland that a party who considers that its procedural rights were violated must raise an objection immediately. A failure to do so results in the forfeiture of its rights to complain about that violation at a later stage, e.g. in setting-aside proceedings. This principle will now be expressly stipulated in article 182(4) PILA.
Assistance of Swiss state courts in foreign arbitral proceedings: According to the new article 185a PILA, a foreign arbitral tribunal as well as the parties to foreign arbitral proceedings can directly address Swiss state courts for assistance in the enforcement of interim measures as well as for the taking of evidence, if the interim measures will be enforced in Switzerland or if the taking of evidence is to take place in Switzerland, respectively.
Express provision on correction, explanation and amendment of awards as well as revision: The proposed bill will implement express provisions as to the correction, explanation and amendment of awards as well as regarding the revision of awards. Both remedies are in practice already available but are not explicitly stipulated in Chapter 12 PILA.
Language of written Submissions to the Swiss Federal Supreme Court: The proposed bill foresees that filings in matters of international arbitration with the Swiss Federal Supreme Court may also be made in English. Already today there is no need to file a translation of the challenged award in annulment proceedings, if the award is drafted in English. However, the possibility to file an action for annulment (or the request for revision) directly in English is new. Nevertheless, the decision of the Swiss Federal Supreme Court itself will continue to be issued in one of the official languages only – and not in English – and the same applies for all procedural orders issued by the Swiss Federal Supreme Court.
Michael Bösch
Thouvenin Rechtsanwälte KLG
Patrick Rohn
Simon Hohler
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Other Switzerland chapters:
Banking Regulation 2019
Blockchain & Cryptocurrency Regulation 2019
Cartels 2019
Commercial Real Estate 2018
Corporate Tax 2018
Initial Public Offerings 2019
International Arbitration 2019
Litigation & Dispute Resolution 2018
Merger Control 2019
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#import <Foundation/Foundation.h>
#import <OpenGLES/ES1/gl.h>
#import <OpenGLES/ES1/glext.h>

@class GameonApp;

typedef enum  {
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} TextureFactoryType;

@interface TextureFactory : NSObject {

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	bool mUpdated;
	NSMutableDictionary* mTextures;
    NSMutableArray* mToDelete;
	float mU1;
	float mV1;
	float mU2;
	float mV2;
	float mCp;

}

@property (nonatomic, readonly) float mU1;
@property (nonatomic, readonly) float mV1;
@property (nonatomic, readonly) float mU2;
@property (nonatomic, readonly) float mV2;
@property (nonatomic, readonly) float mCp;
@property (nonatomic, readonly) int mTextureDefault;

-(id) initWithApp:(GameonApp*) app;
-(int) get:(TextureFactoryType) type;
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-(void)deleteTexture:(NSString*)textname;

@end

redpajama_set_name: RedPajamaGithub


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Categories // Molecular Biology //
Untangling the genetics of dementia
10 Dec 2018Molecular Biology
Gene clusters identified as key factors in the overproduction of the tau protein may be targets for treatment of dementia.
Researchers from UCLA (CA, USA) have identified two genetic groups that are involved in the overproduction of the tau protein, a key pathology in the development of major forms of dementia.
In dementia pathology, the tau protein becomes hyperphosphorylated and forms aggregates known as neurofibrillary tangles. These, alongside amyloid plaques, are one of the key biomarkers for diagnosis of Alzheimer's disease and related forms of dementia. Both tau and amyloid proteins are linked to neurodegeneration and cell death.
The cause of dementia is currently unknown and the mechanisms by which it develops are poorly understood. Though genes have been linked to dementia previously, scientists remain unsure as to the cascade of events that lead to the development of the disease.
The research team used systems biology to identify the genetic processes that lead to overproduction of tau in cases of frontotemporal dementia, an often familial form of dementia previously shown to have a strong genetic component. The study was done in mouse models and the team used genomic and analytic tools to study the genome as a whole, taking into account gene interactions and the proteins they produce.
Hypothesizing that mouse models of dementia often lack translatability due to research relying on a single strain, the researchers studied the mutation in three genetically distinct strains of mice. They observed genetic activity that occurred in different areas of the brain at different times. Two gene clusters were found, both in regions of the brain known to be susceptible to neurodegeneration. They then performed additional models that indicated a similar process occurring in the human brain.
From a database defining the genetic effects of experimental drugs, the researchers found that use of specific drugs could interfere with neurodegeneration. There is currently no cure for dementia though this work may provide a starting point for the development of new therapies to slow or halt the course of the disease.
"Our study is the most comprehensive published effort to date to identify the source of neurodegeneration across species and provides an important roadmap for the development of potentially effective new drugs for Alzheimer's disease and other dementia," commented senior author Daniel Geschwind.
"There is still a significant amount of work that needs to be done to develop drugs that could be effectively used in humans against these targets, but this is an encouraging step," he added.
Written ByJenny Straiton
SourceIdentification of evolutionarily conserved gene networks mediating neurodegenerative dementia.www.uclahealth.org/ucla-researchers-discover-genes-tied-to-dementia-in-key-early-step-toward-new-therapieswww.nature.com/articles/s41591-018-0223-3
dementia,Gene Cluster,Tau Protein,
Unsheathing schizophrenia
10 Dec 2018Cell Development Biology
You no longer need to feel guilty for a lazy weekend
6 Dec 2018Preclinical
Antibiotic resistance in the human gut microbiome
6 Dec 2018Microbiology & Virology
Electrical neuro-stimulation: supercharging the mood to combat depression
5 Dec 2018Clinical Research

redpajama_set_name: RedPajamaCommonCrawl


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Indian History GK Questions – Part2
February 21, 2015 Indian History
11. The only licensed flag production unit in India in located at which among the following places?
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C. Dharwad
D. Nagpur
Karnataka Khadi Gramodyoga Samyukta Sangha in Hubli is the only licensed flag production unit in India.
12. Which among the following organizations were founded by Pandit Madan Mohan Malviya?
1. Banaras Hindu University
2. Pragya Hindu Samaj
3. Hindu Mahasabha
4. Bharat Dharma Mahamandal
Chose the correct answer from the codes given below:
A. Only 1 & 2
B. Only 2 & 4
C. Only 1 & 3
D. 1, 2, 3 & 4
The Hindu Mahasabha was founded in 1914 in Amritsar and established its headquarters in Haridwar. Amongst its early leaders was the prominent nationalist and educationalist Pandit Madan Mohan Malaviya, who founded the Benaras Hindu University, and the Punjabi populist Lala Lajpat Rai. Banaras Hindu University was established in 1915. Malviya was instrumental in the coming together of Hindu Mahasabha and Arya Samaj in 1923 to make common cause on issues like cow slaughter and reconversion. He was also closely associated with bodies like Pragya Hindu Samaj, Bharat Dharma Mahamandal and Sanatana Dharma Mahasabha.
13. With reference to Atal Bihari Vajpayee, which among the following is NOT a correct statement?
A. He was one of the founders of Bhartiya Jan Sangh
B. He served as political secretary to Dr. Syama Prasad Mookerjee
C. He is the first person to deliver a speech to the United Nations General Assembly in Hindi.
D. All the above are correct statements
The first statement is not correct. Bhartiya Jan Sangh was founded by Dr. Syama Prasad Mookerjee.
14.Who among the following had founded the Central Hindu College at Varanasi, which was later converted into Banaras Hindu University?
A. Madan Mohan Malviya
B. Annie Besant
C. Bal Gangadhar Tilak
D. Jamna Lal Bajaj
Madan Mohan Malviya had established BHU in 1915 with the support of some leaders, mainly Annie Besant. She had founded the Central Hindu College in 1898 in Varanasi and this college was later gifted to Pandit Madan Mohan Malviya for the later to get it converted into Banaras Hindu University. Also notable points is that foundation for the main campus of BHU was laid by Lord Hardinge on 4 February 1916, on occasion of Vasant Panchami.
15. The revolt of 1857 was described as a 'National Rising' by which of the following political leaders of Britain?
A. Canning
B. Gladstone
C. Palmerstone
D. Disraeli
Benjamin Disraeli was leader of Conservative Party and opposition leader in the House of Commons. He described the revolt of 1857 as 'a national rising'.
16. The present Lok Sabha is the
A. 13th Lok Sabha
B. 14th Lok Sabha
C. 15th Lok Sabha
D. 16th Lok Sabha
17. The Parliament of India can make use of the residuary powers
A. at all times
B. only during national emergency
C. during national emergency as well as constitutional emergency as well in a state
18. The members of Lok Sabha hold office for a term of
A. 4 years
B. 5 years
C. 6 years
D. 3 years
19. The Parliament exercises control over council of ministers, the real executive, in several ways. Which one of the following has been wrongly listed as a method of control over executive?
A. Questions
B. Supplementary questions
C. Adjournment motions
20. The number of writs that can be prayed for and issued by the Supreme Court and/or a High Court is
A. 3 B. 4
C. 5 D. 6
Indian History GK Questions
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Bizarre EgyptAir interview with Drew Barrymore raises eyebrows
A quote from Barrymore: 'A great opportunity to encourage every woman who is overweight to work on regaining her beauty and body'
Representatives for Drew Barrymore said she did not participate in the interview (Getty)
By Serina Sandhu
October 4, 2018 11:09 am(Updated October 9, 2020 7:46 pm)
A magazine carrying a purported interview with Drew Barrymore, in which the actress appears to make some bizarre statements, has stood by the article.
The interview, which refers Barrymore's relationships as 'unstable' and says she has been 'subconsciously seeking attention due to a lack of a male role model', appears in EgyptAir's in-flight magazine Horus. It has raised many eyebrows after it was shared online by journalist Adam Baron, who found it while travelling to Egypt.
A spokesperson for Barrymore said the actress did not participate in the interview but the writer, who is a former president of the Hollywood Foreign Press Association (HFPA), said it was "far from fake".
Aida Takla, tweeted defending her interview, but admitted changes were made to her original story.
This interview with Drew Barrymore in the Egypt Air in flight magazine is, umm, surreal. pic.twitter.com/fN3lNHXbL0
— Adam Baron (@adammbaron) October 2, 2018
Bizarre statements
The piece, littered with grammatical errors, begins by commenting on Barrymore's romantic history: "Despite being unstable in her relationships most of her life, despite the several unsuccessful marriages…"
Later, it reads: "It is known that Barrymore has had almost 17 relationships, engagements and marriages; psychologists believe that her behaviour is only natural since she lacked the male role model in her life after her parents' divorce when she was only 9 years old. Ever since that time, she has been subconsciously seeking attention and care from a male figure; but unfortunately things do not always go as planned and she has not yet succeeded in any relationship for various reasons."
A quote from Barrymore about losing weight after giving birth was also deemed odd. It reads: "I feel overwhelmed when someone tells me that I have regained my image and managed to lose that extra weight, especially that I felt depressed due to the significant increase in my weight after delivering Frankie.
"However, I find this a great opportunity to encourage every woman who is overweight to work on regaining her beauty and body, especially that it is not as hard as one may think; it is all about determination and following the appropriate diet under the supervision of a physician."
The article's byline has a different spelling of Aida Takla's name.
'Surreal'
Baron tweeted images of the interview, calling it "surreal".
HuffPost then approached representatives of Barrymore for comment. A spokesperson said Barrymore had not participated in the interview, rather Takla had written the article based on a Q&A session at a press conference.
HFPA tends to conduct group press conferences with members using the information for different foreign publications.
"So technically Drew did not sit down with EgyptAir for an interview but a journalist who is a member of the HFPA (Hollywood Foreign Press Association) sometimes supplies articles to EgyptAir, and that's what happened," a statement said, according to BBC News.
'Genuine' interview
EgyptAir stood by the article, saying the "professional magazine interview" was conducted by "one of the voting members of the Golden Globes".
In a series of tweets from unverified account – @aidatakla1 – Takla said edits had been made to the final, published version but the interview was "genuine". She also managed to misspell Barrymore's name while defending her story.
As a member of the HFPA since 1956, I have been a correspondent for many publications for decades
I interviewed celebrities published in Egypt Air's official magazine; Horus, as well as Nisfdunia magazine, which is one of the publications of Al Ahram.(continued)@EGYPTAIR
— Aida (@Aidatakla1) October 3, 2018
It is noted that the previously mentioned publications are authorized to edit the final version of the interviews, according to adjustments required by the magazines in regards to size of the article without altering the core of the content… (continued) @EGYPTAIR
This doesn't negate the fact that the interview with Drew Barrimoor which took place in New York is genuine &far from fake.
As far as Drew we interviewed her several times I saw her grow up before my eyes she is charming and talented.@EGYPTAIR


text:
Burdens Of The Mind
Debut album 'Burdens Of The Mind' released today!
by Broers + Klazinga	on March 26, 2021 May 12, 2021
Broers + Klazinga is pleased to inform you that today, Friday 26 March 2021, their debut cd 'Burdens Of The Mind' is released worldwide.
You can order the cd – hard copy or digital files (WAV, FLAC or 320 kbps mp3) – also by sending an email to info@broersklazinga.com.
'Burdens Of The Mind' will be released on 26 March 2021!
by Broers + Klazinga	on March 17, 2021 March 21, 2021
Broers + Klazinga are very proud to inform you that their debut album 'Burdens Of The Mind' will be released worldwide on Friday 26 March 2021.
It is possible to preorder the album by sending an e-mail to info@broersklazinga.com. The price is € 17,99 (incl. 21% VAT but excl. shipping costs).
Broers + Klazinga wish to thank the following persons :
First of all, Andrea van der Meulen for introducing Jacob Broers to Gerben Klazinga, and Mark Smit for his great voice!
Moreover, they wish to thank Jeremy van Haastert, Koen van Oostendorp, Vincent van den Bosch, Ronald Blok, Eke Simons, Gonzalo Gimenez, Rata Kloppenburg, Slava Syurin, Mark Bogert, Tekstueel – communicatie, Marianne van der Quast, Henk Visser and Kroese Records.
Upcoming album release!
Broers + Klazinga is pleased to inform you that Red Icon Recordings will shortly release their debut album 'Burdens Of The Mind'.
Red Icon Recordings is an independent record label from the Green Heart of the Netherlands, founded in January 2021 to assist and encourage musicians with passion for symphonic dance, lounge and rock music to achieve their dreams, ambitions and goals.
Music video for 'Now That You're Gone' released.
by Broers + Klazinga	on November 27, 2020 December 12, 2020
Broers + Klazinga is very proud to inform you that their music video for 'Now That You're Gone' was released today. Watch the video on YouTube: https://www.youtube.com/watch?v=96F6IybJLVk
Making-of video for 'Now that You're Gone' released.
Today Broers + Klazinga released their making-of video for 'Now That You're Gone'. You can watch the video on YouTube: https://www.youtube.com/watch?v=uOghDlvEpAA&t=7s
Release postponed.
We are sorry to inform you that, because of COVID-19, the record company has decided not to release debut albums for the time being. Consequently, the release of our album 'Burdens Of The Mind' has been postponed.
However, we are pleased to inform you that our videoclip 'Now That You're Gone' will be released this weekend.
First album to be released shortly!
by Broers + Klazinga	on August 14, 2020 March 9, 2021
Broers + Klazinga expect to release their first album 'Burdens Of The Mind' later this year.
Forever Alone 0:30
Now That You're Gone 0:31
Emerald Eyes 0:30
Who Do We Think We Are 0:30
Angels' Share 0:28
Year Without A Summer 0:30
Back To The Wall 0:30
Fly Into The Night 0:30
Burdens Of The Mind 0:35
Karakas 0:29
The End Of The Beginning 0:32
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use. To find out more, including how to control cookies, see our privacy policy.OkPrivacy policy


Airsoft Softwair announced the release of a brand new plugin for Hollywood called MUI Royale.
MUI Royale is a plugin for the programming tool Hollywood and is used to easily create MUI GUIs with Hollywood.
For more information, see the announcement of MUI Royale. The archive contains support for AmigaOS3, AmigaOS4, AROS and MOS as well as full documentation in several formats.


Seller offering a 2-door 1997 Chevrolet Tahoe LS with undisclosed miles for $7,650. Completely original, the vehicle has a clean interior, no rust, new tires, and SS Weston steps. Seller says it runs great and has always been garaged and never towed or used for going off road. The first generation Tahoe was equipped with a 4.1 liter V6 and 5.7 liter V8 – it's not clear which version this one was equipped with.
We like the 2-door model. Simple bench seat, fold-down back seat, cloth interior and two-tone white and grey exterior. We've seen low mile examples creeping up in price as quality examples become harder to find. This 1997 Chevrolet Tahoe LS 4×4 is for sale in Oak Grove, Missouri. Check out seller's listing on Facebook Marketplace for full details and seller's contact information.
Only flavors for US made Tahoe/Yukons was 5.7l (gas) and 6.5L (diesel). They may have offered the 4.1 I6 in other countries, but not in the USA.
Thank you for the comment – we will update accordingly.


Abstract: Failure of the blue revolution is a global risk. The international problem is that there is a gap in knowledge exchange between the aquaculture industry, policy makers trying to support aquaculture development and people who depend on aquaculture for a job and/or food source. Thus, governments and international organizations promoting aquaculture as the solution to improving food security, nutrition and income are failing to optimise production of natural aquatic resources. We identify a "people–policy gap", and suggest that this is an understudied constraint, which needs to be overcome before worldwide food security can be achieved from aquatic environments. We argue that this gap leads to uneven distribution of benefits, a disconnection between benefits and local needs, and detrimental effects on human health and food security, all of which can have negative repercussions on human communities and ecosystems. In order to address this need, we present an analytical framework to guide context specific, policy-relevant assessments of the social, economic and ecological dimensions of aquaculture on a case-by-case basis. The framework is designed to make best use of existing data and scientific tools for decision-making. In conclusion, we argue for: equal consideration of ecological, social and economic issues in aquaculture policy-making; pre-emptive identification of likely social impacts; integration of people- and context-specific social framing conditions into planning and policy review; addressing the social disconnection between global consumption and production; and, encouragement of creative combinations of theories and methods to assess and interpret the social dimensions of aquaculture in multiple contexts.
Citation: Krause, G., C. Brugere, A. Diedrich, M.W. Ebeling, S.C.A. Ferse, E. Mikkelsen, J.A. Pérez Agúndez, S.M. Stead, N. Stybel, and M. Troell. 2015. A revolution without people? Closing the people-policy gap in aquaculture development. Aquaculture 447:44-55.


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No reliance on information The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
The website in which you are linking must comply in all respects with the spirit and the letter of the following standards.
• Be accurate (where facts are stated). • Be genuinely held (where opinions are stated). • Comply with applicable law in the UK.
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If you wish to make any use of content on our site other than that set out above, please contact studio@gaboguzzo.com.
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Contact us To contact us, please email studio@gaboguzzo.com Thank you for visiting our site.
Copyright Gabo Guzzo, 2017 - 2019. All right reserved.


Yes 2016 may seem like a long way away but we have to plan in advance.
We can confirm that the date for the 2016 Proms in the Park Concert will be Sunday 26th June. Featuring as usual our almost resident Doncaster Concert Band and yes as usual it will be FREE!
So it's one for the diary for the moment.


There is something liberating about just having what you need, on your bike... A tent, a roll mat, a little bit of food, a bit of petrol in your tank and a vague idea of where you're going and that's all you need.
Churchill liberated us from the Nazis , Silvio Berlusconi is liberating us from communists .
Cage's Music of Changes was a further indication that the arts in general were beginning to consciously deal with the "given" material and, to varying degrees, liberating them from the inherited, functional concepts of control.
"A fact which is not denied but whose truths are rationalized loses its objective base. It ceases to be concrete and becomes a myth created in defense of the class of the perceiver." "It would be a contradiction in terms if the oppressors not only defended but actually implemented a liberating education."
— James Baldwin, "Letter from a Region in My Mind," The New Yorker (17 November 1962), republished as "Down at the Cross: Letter from a Region in My Mind" in The Fire Next Time (1963).
But the form of free verse is as binding and as liberating as the form of a rondeau.
— From his essay 'Goatfoot, Milktongue, Twinbird' in the book of the same title. 1978. ISBN 0-472-40000-2.
Christianity has operated with an unmitigated arrogance and cruelty necessarily, since a religion ordinarily imposes on those who have discovered the true faith the spiritual duty of liberating the infidels.


HHTB, 5/16-18 x 3 1/2 | Part #888000037 | Patriot Products Inc.
This fastener is currently used on all Patriot Wood Chippers to attach the discharge deflector.
NOTE: This part is provided with the discharge deflector parts kit 990010395, available at bottom of page.


text: <!DOCTYPE html>


text:
Driver sentenced in motor vehicle homicide for death of Omaha Public Works employee
The Fidone family said Salvatore 'extended other people's lives by donating his organs'
Updated: 9:30 PM CST Jan 4, 2018
Camila Orti
WEBVTT SOLARANA LEARNS HIS PUNISHMENT.DAVID: WE HAVE COVERAGE FROMCAMILA ORTI.CAMILA: HE WILL SERVE 14 YEARSIN JAIL PLUS TWO YEARSPROBATION.COMMITTED -- CONVICT OF THEREGULAR HOMICIDE.A TOUGH DAY FOR HIS FAMILY ANDTHE FAMILY OF SALVATORE FIDONEHE THE THIRD -- SALVATORE FIDONETHE THIRD.>> HIS LIFE AND HIS DREAMS WERECUT SHORT.CAMILA: THOSE LIVES PACKED INTOA DOUGLAS COUNTY COURTROOM ONTHURSDAY.THE FAMILY OF SALVATORE FIDONETHE THIRD WAITING TO HEAR THEFATE OF ALAN SOLARANA, THE MANWHO HIT AND KILLED HIM WHILEFILLING POTHOLES LAST WINTER.>> THE FAMILY IS BROKEN.CME IS NOT COME -- HE IS NOTCOMING BACK.CAMILA: THE JUDGE HEARDEMOTIONAL TESTIMONY FROM THEWIFE, BROTHER FROM SALVATOREFIDONE -- OF SALVATORE FIDONETHE DOME..CAMILA ALAN SOLARANA'S FAMILYALSO ADDRESSED THE COURT.HIS DAUGHTER URGING THE JUDGE TOCONSIDER HOW THE ACCIDENT HASALSO AFFECTED HIS FAMILY.HIT -- HER FATHER WAS DIAGNOSEDWITH PTSD.HE WAS NOT IMPAIRED ORDISTRACTED WHEN HE DRIFTED OVER.HE WROTE A LETTER TO THEFAMILY OF THE VICTIM IMMEDIATELYAFTER EXPLAINING HIS REMORSE.CAMILA NOT ENOUGH TO AVOID JAILTIME.ALAN SOLARANA WILL SERVE TWOWEEKS IN JAIL AND TWO WEEKSPROBATION AND 80 HOURS OFCOMMUNITY SERVICE ADVOCATING FORPUBLIC'WORKERS -- FOR PUBLICWORKERS' SAFETY.WHAT TJ MENTIONED ABOUT CHANGINGTHE L -- THAT IS SOMETHINGTHEY ARE WORKING ON WITH THEUNION AND STAT LEGISLATORS,
The driver accused of hitting and killing an Omaha Public Works employee was sentenced to jail time Thursday morning.Alan Solarana, 54, will serve 14 days effective immediately. He also was sentenced to two years of probation and 80 hours of community service.The Douglas County judge, Thomas Harmon, also said Solarana will have to appear for two "show cause" hearings on July 19 and again on January 17, 2019, to determine whether or not he is following his terms of probation. If the judge determines he is not satisfying the terms, Solarana could be sentenced to an additional 90 days in jail.Solarana was found guilty of misdemeanor motor vehicle homicide in the death of Salvatore Fidone III. State prosecutors say Solarana was driving along 144th Street near U Street when he drifted over into the lane where Fidone was working to fill potholes, hitting him. Fidone died from his injuries in the hospital, leaving behind his wife, Lisa Fidone, and two sons, Sal and Lucci. Lisa testified at Thursday's hearing, reading an emotional statement about how her family's lives will never be the same without Salvatore, whom family members called Sammy."It feels like nothing is the same without him," Lisa said, standing next to her two boys.Fidone's brother, TJ, and mother, Shirley, also read statements to the judge. More than a dozen Fidone family members and friends attended the hearing."Our family's broken," Lisa told the court, "Sammy's not coming back and how do we move on from here."Solarana did not say anything during the hearing, but his daughter and wife both read statements."That moment will forever replay in his head, and he feels truly devastated about what has happened and very sorry," wife Cathy Solarana said, "we all do."Solarana's attorney, Renee Mathias, said her client has been diagnosed with PTSD since the accident, and was reportedly not impaired or distracted by a device when he drifted just a few inches over into Fidone's work space."He wrote a letter to the victim's family immediately after he plead which explained his remorse and his sincerity," Mathias said.Judge Harmon said Solarana's community service will require working with the probation officer to spread advocacy and education about public workers' safety and the "evils of distracted driving."The Solarana family did not wish to comment after the sentencing.State Senator Mike McDonnell wants to prevent another tragedy from happening by drafting legislation."It's dangerous and they're trying to do the work we all need and they're our public servants," McDonnell said. "How do we protect them so there's not another tragedy."McDonnell said he is gathering input from public employees and the president of the Nebraska Public Employee Local Union, transportation experts and others for the best legislation.He will look to other states and studies already done to come up with new legislation in 2019."Hopefully out of that tragedy and what that family has gone through from their loss, we will take that and learn from it to make sure a public employee's job is safer and they can go home to their family," McDonnell said. PREVIOUS COVERAGE:Salvatore "Sal" Fidone III died Friday from his injuries suffered when he was struck by a vehicle Monday, his family confirmed.The family issued the following statement:"During this challenging time, the Fidone family would like to extend our heartfelt thanks and deep gratitude to everyone who has showered Sal and our family with love and support.Although Sal is no longer with us, he made the choice to extend the lives of others by donating his organs to those in critical need of a transplant. We are honored that a small piece of him will allow other families more time together.Thank you for many, many prayers of love and support for Sal and our family."Steve LeClair, the president of the Omaha Professional Fire Fighters, Local 385, released a statement Friday afternoon:"On behalf of the men and women of the Omaha Professional Fire Fighters Association, Local 385, I would like to express condolences to the family, friends and co-workers of Salvatore Fidone III.City workers, like Salvatore and thousands of others, risk their safety every day in order to make our community a better place. Although inherent risk remains in many of the public services provided to the people of Omaha, the dedication of the men and women who do those jobs every day will serve as a reminder of the service provided by Salvatore, and all those who have gone before him in the line of duty."Mayor Jean Stothert also released a statement Friday afternoon:"My thoughts and prayers are with Sal Fidone's family. I was able to meet with his mother and other family members and friends before his death to share my condolences in person. This is a difficult time for Mr. Fidone's coworkers in the street maintenance division who come to work each day to provide an important service to everyone who uses our city streets. I ask you to keep the Fidone family and our city employees in your prayers."Tony Burkhalter, the vice president of Local 251, released this statement Friday:"We are deeply sadden by the passing of Mr. Salvatore Fidone III. Sal was a friend to many of us that work for the City of Omaha and our deepest sympathy goes out to the family. This is a heartbreaking day for all of us that have worked alongside Mr. Fidone. Our goal at this time is to be there for Sal's family, specifically his two sons. We have established a gofundme account, https://www.gofundme.com/2km86r89, in an effort to help the boys out.We want the public to please be mindful of construction workers when you see us working in the streets. We have families, and just like everyone else, we want to go home at the end of the day. Please pray for the Fidone family, friends, co-workers, and all that were touched by his presence. At this time, we are organizing a fundraiser that will take place on March 4th, 2017 at the Firefighters Union Hall located at 60th and Grover."Friends of the victim, Salvatore Fidone III, have set up a GoFundMe page to help the family with expenses.Omaha police released the following details Monday afternoon:At 0949 hours 23 Jan 17, officers responded to a vehicle vs. pedestrian crash at 144th and U St. A City of Omaha Public Works truck was parked blocking the curb lane of northbound 144th, just north of U St. The truck and its crew were preparing to repair potholes. One of the crew was standing on the driver's side of the truck. A 2012 Toyota Camry was northbound on 144th in the inside lane. According to witnesses, the Camry drifted over and struck the worker. He was transported to Nebraska Medicine via OFD squad. Neither excessive speed nor alcohol use were factors in the crash. The crash is under investigation at this time. The driver of the Camry was identified as: Alan R. Solarana dob 3-3-63Omaha, NEHe was uninjured. The worker was identified as: Salvatore Fidone III dob 3-18-68Council Bluffs, IAHe suffered a head injury and is in critical condition at this time.The Nebraska Public Employees released a statement Thursday afternoon.PREVIOUS COVERAGE: A city street maintenance employee was injured Monday morning.It happened around 9:50 a.m. near 144th and U streets.The street maintenance worker was hit by a passing car, officials say. They were transported to Nebraska Medicine in critical condition.The employee's name has not yet been released.We'll update you as we learn more.
OMAHA, Neb. —
The driver accused of hitting and killing an Omaha Public Works employee was sentenced to jail time Thursday morning.
Alan Solarana, 54, will serve 14 days effective immediately. He also was sentenced to two years of probation and 80 hours of community service.
The Douglas County judge, Thomas Harmon, also said Solarana will have to appear for two "show cause" hearings on July 19 and again on January 17, 2019, to determine whether or not he is following his terms of probation. If the judge determines he is not satisfying the terms, Solarana could be sentenced to an additional 90 days in jail.
Solarana was found guilty of misdemeanor motor vehicle homicide in the death of Salvatore Fidone III. State prosecutors say Solarana was driving along 144th Street near U Street when he drifted over into the lane where Fidone was working to fill potholes, hitting him.
Fidone died from his injuries in the hospital, leaving behind his wife, Lisa Fidone, and two sons, Sal and Lucci.
Lisa testified at Thursday's hearing, reading an emotional statement about how her family's lives will never be the same without Salvatore, whom family members called Sammy.
"It feels like nothing is the same without him," Lisa said, standing next to her two boys.
Fidone's brother, TJ, and mother, Shirley, also read statements to the judge. More than a dozen Fidone family members and friends attended the hearing.
"Our family's broken," Lisa told the court, "Sammy's not coming back and how do we move on from here."
Solarana did not say anything during the hearing, but his daughter and wife both read statements.
"That moment will forever replay in his head, and he feels truly devastated about what has happened and very sorry," wife Cathy Solarana said, "we all do."
Solarana's attorney, Renee Mathias, said her client has been diagnosed with PTSD since the accident, and was reportedly not impaired or distracted by a device when he drifted just a few inches over into Fidone's work space.
"He wrote a letter to the victim's family immediately after he plead which explained his remorse and his sincerity," Mathias said.
Judge Harmon said Solarana's community service will require working with the probation officer to spread advocacy and education about public workers' safety and the "evils of distracted driving."
The Solarana family did not wish to comment after the sentencing.
State Senator Mike McDonnell wants to prevent another tragedy from happening by drafting legislation.
"It's dangerous and they're trying to do the work we all need and they're our public servants," McDonnell said. "How do we protect them so there's not another tragedy."
McDonnell said he is gathering input from public employees and the president of the Nebraska Public Employee Local Union, transportation experts and others for the best legislation.
He will look to other states and studies already done to come up with new legislation in 2019.
"Hopefully out of that tragedy and what that family has gone through from their loss, we will take that and learn from it to make sure a public employee's job is safer and they can go home to their family," McDonnell said.
Salvatore "Sal" Fidone III died Friday from his injuries suffered when he was struck by a vehicle Monday, his family confirmed.
The family issued the following statement:
"During this challenging time, the Fidone family would like to extend our heartfelt thanks and deep gratitude to everyone who has showered Sal and our family with love and support.
Although Sal is no longer with us, he made the choice to extend the lives of others by donating his organs to those in critical need of a transplant. We are honored that a small piece of him will allow other families more time together.
Thank you for many, many prayers of love and support for Sal and our family."
Steve LeClair, the president of the Omaha Professional Fire Fighters, Local 385, released a statement Friday afternoon:
"On behalf of the men and women of the Omaha Professional Fire Fighters Association, Local 385, I would like to express condolences to the family, friends and co-workers of Salvatore Fidone III.
City workers, like Salvatore and thousands of others, risk their safety every day in order to make our community a better place. Although inherent risk remains in many of the public services provided to the people of Omaha, the dedication of the men and women who do those jobs every day will serve as a reminder of the service provided by Salvatore, and all those who have gone before him in the line of duty."
Mayor Jean Stothert also released a statement Friday afternoon:
"My thoughts and prayers are with Sal Fidone's family. I was able to meet with his mother and other family members and friends before his death to share my condolences in person.
This is a difficult time for Mr. Fidone's coworkers in the street maintenance division who come to work each day to provide an important service to everyone who uses our city streets.
I ask you to keep the Fidone family and our city employees in your prayers."
Tony Burkhalter, the vice president of Local 251, released this statement Friday:
"We are deeply sadden by the passing of Mr. Salvatore Fidone III. Sal was a friend to many of us that work for the City of Omaha and our deepest sympathy goes out to the family. This is a heartbreaking day for all of us that have worked alongside Mr. Fidone. Our goal at this time is to be there for Sal's family, specifically his two sons. We have established a gofundme account, https://www.gofundme.com/2km86r89, in an effort to help the boys out.
We want the public to please be mindful of construction workers when you see us working in the streets. We have families, and just like everyone else, we want to go home at the end of the day. Please pray for the Fidone family, friends, co-workers, and all that were touched by his presence.
At this time, we are organizing a fundraiser that will take place on March 4th, 2017 at the Firefighters Union Hall located at 60th and Grover."
Friends of the victim, Salvatore Fidone III, have set up a GoFundMe page to help the family with expenses.
Omaha police released the following details Monday afternoon:
At 0949 hours 23 Jan 17, officers responded to a vehicle vs. pedestrian crash at 144th and U St. A City of Omaha Public Works truck was parked blocking the curb lane of northbound 144th, just north of U St. The truck and its crew were preparing to repair potholes. One of the crew was standing on the driver's side of the truck. A 2012 Toyota Camry was northbound on 144th in the inside lane. According to witnesses, the Camry drifted over and struck the worker. He was transported to Nebraska Medicine via OFD squad. Neither excessive speed nor alcohol use were factors in the crash.
The crash is under investigation at this time.
The driver of the Camry was identified as:
Alan R. Solarana dob 3-3-63
He was uninjured.
The worker was identified as:
Salvatore Fidone III dob 3-18-68
He suffered a head injury and is in critical condition at this time.
The Nebraska Public Employees released a statement Thursday afternoon.
PREVIOUS COVERAGE: A city street maintenance employee was injured Monday morning.
It happened around 9:50 a.m. near 144th and U streets.
The street maintenance worker was hit by a passing car, officials say. They were transported to Nebraska Medicine in critical condition.
The employee's name has not yet been released.
We'll update you as we learn more.
144th St northbound at Millard Ave will be closed for about 2 more hours while we complete the forensic diagraming of this scene. #opd. pic.twitter.com/FStHeuI08h
— Ofc. Mike Bossman (@OPDOfcBossman) January 23, 2017


The following list is of known buses both current and those previously operated by Ward - Urbenville.
ex SN & SM Wheeler, Urbenville 5440 MO 9/09; ex MO 4102; ex G & J Bruce Pty Ltd, Lismore MO 4102.
ex MO 2675; ex K & L Bradley, Murwillumbah MO 2675 9/00; ex Sid Fogg & Sons Pty Ltd, Newcastle MO 2675 3/97.
Sold to J & B Singh-Goesel t/a J & B Buses, Murwillumbah as (5) 3049 MO 9/09; Replaced immediately & Sold to RB & KJ Morton, Wynyard, TAS as A 86 WY c9/09.
ex SN & SM Wheeler, Urbenville 5439 MO 9/09; ex MO 008; ex RJ & MC Hunter, Urbenville MO 008 c2001; ex KW & JS Smith t/a Kyogle Bus Service, Kyogle MO 3485 -/98.
Replaced 1/13 & Sold for a motorhome by 8/14.