The Norman M. Kaplan Memorial Prize was established in March 1974 by the family and friends of Norman M. Kaplan. It is awarded to the PhD student who, having completed two years of study at the University, has given evidence of excellent scholarship through his or her performance in graduate economics courses.
Norman M. Kaplan was Xerox Professor of International Economics at the University of Rochester from 1962 through 1973. He also served as director of graduate studies for many years.
"I am very pleased that Professor Rosett has asked me to make the award today of the first Norman Kaplan Memorial Prize, because I feel in making this award we are continuing the heritage my husband left all of us, and honoring the memory of a great scholar, a great teacher, a humanitarian -- and a very dear friend."
"I can't help but remember that last year at this time he was here welcoming the new graduate students, virtually with his last bit of strength. Working at the frontiers of knowledge in his field, and sharing that knowledge with the next generation, was the way my husband spent his life. It comforts me greatly to know that if he had those precious years to live over again, he would have chosen to live them exactly the same way."
"He sought no rewards, but of course he had many, in the esteem of his colleagues, and the respect and affection of his students. In setting up this prize, which was the loving work of many friends, I found especially heartwarming the response of my husband's former students, who were enormously generous in their financial contributions, and very warm in their expressed affections for him. I feel deeply grateful -- and very proud."
"I am especially pleased in making the award today to two young men whom my husband had described to me as exceptionally outstanding students in a outstanding graduate class. It gives me great pleasure to present the first annual Norman M. Kaplan Memorial Prize to Robert Flood and Swapan Das Gupta."


The European Commission has issued a Statement of Objections to six video game companies, including Valve, owner of the Steam video game distribution platform.
The European Commission has informed Valve, owner of the "Steam" video game distribution platform, and five video game publishers, about its preliminary view that the companies prevented consumers from purchasing video games cross-border from other Member States, in breach of EU competition rules.
Valve, via Steam, digitally distributes PC video games from each of the five PC video game publishers involved in the investigation. Valve provides activation keys to these publishers.
The activation keys are required for consumers to play a number of PC video games bought on channels other than Steam, that is, downloaded or purchased on physical media, such as a DVD. After the purchase of certain PC video games, users need to confirm their activation key on Steam to authenticate the game and be able to play it. This system is used for a wide range of games, including sports, simulation and action games.
The European Commission's preliminary view is that Valve and the five PC video game publishers entered into bilateral agreements to prevent consumers from purchasing and using PC video games acquired elsewhere than in their country of residence (geo-blocking). This is against EU antitrust rules (and now, the Geo-blocking Regulation).
In particular, the European Commission is concerned that Valve and the five PC video game publishers agreed, in breach of EU antitrust rules, to use geo-blocked activation keys to prevent cross-border sales, including in response to unsolicited consumer requests (passive sales) of PC video games from several Member States (including the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, and in some cases Romania). This may have prevented consumers from buying cheaper games available in other EU member states.
Further, the European Commission said that EU antitrust rules were broken by the inclusion of contractual export restrictions in agreements with a number of distributors other than Valve. These distributors were prevented from selling the relevant PC video games outside the allocated territories, which could cover one or more EU member states. These practices may have prevented consumers from purchasing and playing PC video games sold by these distributors either on physical media, such as DVDs or through downloads.
The European Commission's preliminary view, outlined in its Statements of Objections, is that these business practices partitioned markets according to national borders and restricted passive sales to consumers. These business practices ultimately denied European consumers the benefits of the EU's Digital Single Market to shop around for the most attractive offer.
If confirmed, this would infringe Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements. The sending of a Statement of Objections does not prejudge the outcome of the investigation.
A Statement of Objections is a formal step in European Commission investigations into suspected violations of EU antitrust rules. The European Commission informs the parties concerned in writing of the objections raised against them. The parties can then examine the documents in the European Commission's investigation file, reply in writing and request an oral hearing to present their comments on the case before representatives of the European Commission and national competition authorities.
If, after the parties have exercised their rights of defence, the European Commission concludes that there is sufficient evidence of an infringement, it can adopt a decision prohibiting the conduct and imposing a fine of up to 10% of a company's annual worldwide turnover.
There is no legal deadline for the European Commission to complete antitrust inquiries into anti-competitive conduct. The duration of an antitrust investigation depends on a number of factors, including the complexity of the case, the extent to which the organisation concerned co-operates with the European Commission and the exercise of the rights of defence.


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Dave McLain named Barrister's Best Construction Defects Lawyer for Defendants for 2019
The attorneys and staff at Higgins, Hopkins, McLain & Roswell are proud to announce that Law Week Colorado named Founding Member Dave McLain as the 2019 People's Choice for Best Construction Defects Lawyer for Defendants. According to the publication:
Law Week Colorado asked its readership to weigh in on the best attorneys in just about every practice area we could think of. We received hundreds of responses and sifted through the votes for each category to determine the "People's Choice" winner – the top attorney in each practice area according to other attorneys. And then we handed it to the "Barrister" (the hive mind of Law Week staff, supplemented by public votes and a healthy dose of additional research) to determine the Barrister's Choice.
In recognizing Mr. McLain this year, Law Week Colorado stated:
Previously appearing in Law Week's 2015 Barrister's Best issue [in which he was recognized as the Barrister's Choice as Best Construction Defects Lawyer for Defendants], David McLain participates in numerous speaking engagements on construction defects claims and is seen as a leader in the field. His extensive experience over the last two decades of practice speaks for itself.
In response to the recognition, Founding Member Sheri Roswell stated: "David has long been admired by colleagues and co-workers for his depth of knowledge and commitment to excellence in serving the legal needs of the construction industry. It is wonderful to see David's skill and dedication recognized by peers in the community; there is no one more deserving of the honor."
Higgins, Hopkins, McLain & Roswell exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability. The firm is highly regarded for its expertise in construction law and the litigation of construction related claims, including the defense of large and complex construction defect matters. In addition to their construction law background, HHMR's attorneys are well versed and experienced in tort, contract, property and general casualty litigation ranging from products liability to personal injury and premises liability claims.
Posted by Denice Maccani at 11:57 AM 0 comments
Labels: Barrister's best award, Colorado construction attorneys, Colorado construction litigation, Law Week Colorado
Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy
While Nunn-Agreements[1] may be appealing for both plaintiffs and defendants where an insurer unreasonably fails to defend a lawsuit, a recent opinion from The Honorable Marcia Krieger in the United States District Court of Colorado[2] ("Opinion") demonstrates the importance of first confirming that there exists a viable insurance claim before proceeding with such a Nunn- Agreement.
The facts giving rise to the Opinion were as follows. In March 2015, a Homeowner couple (the "Homeowners") suffered damages to their home resulting from a brushfire. Fortunately, the Homeowners were insured, they submitted their claim to their homeowners' insurance carrier which was in effect at the time of the brushfire (the "Insurance Carrier"), and the Insurance Carrier paid the claim. Ostensibly as part of the Homeowners' remediation efforts to their home they removed a large bush which left a hole in the ground. After paying the claim, in August 2015 the Insurance Carrier cancelled or elected not to renew the Homeowners' policy. In October 2015, a repairman working on the Home (the "Repairman") was injured after his ladder fell over allegedly because of the hole in the ground caused by the bush that had been removed.
As a result of injuries caused by the fall from the ladder, the Repairman brought suit against the Homeowners. In response to the Repairman's claim, the Homeowners again tendered to their Insurance Carrier. This time, however, the Insurance Carrier denied coverage on the basis that the Repairman's injuries occurred after the expiration of the relevant policy. Without insurance coverage, the Homeowner's entered into a Nunn-Agreement with the Repairman, conceding liability, and assigning any claims they might have had against the Insurance Carrier in lieu of execution of any judgment against the Homeowners.
The Repairman, as an assignee of the Homeowners, brought a number of claims predicated generally on breach of the relevant insurance contract against the Insurance Carrier. In turn, the Insurance Carrier moved to dismiss the action arguing that the injury occurred after the expiration of the relevant policy and thus was not a covered loss.
With this background Judge Krieger was tasked with evaluating whether the fall from the ladder (which occurred after the expiration of the policy) or the brushfire (which occurred within the policy period) should constitute the "occurrence" under the insurance policy.
In making her determination, Judge Krieger noted that the policy provided coverage for injuries resulting from an "occurrence," which the policy defined as "an accident. . . result[ing] in bodily injury or property damage during the policy period." Judge Krieger further noted that the plain language of the contract made clear that the "occurrence" – the precipitating event that triggers coverage – is the "accident" that results in the injury. Because Judge Krieger concluded that the accident that resulted in the Repairman's injury was him falling off the ladder, not the brushfire, Judge Krieger determined that there existed no insurance coverage and no viable claims for breach of the subject insurance contract. Based on the foregoing, Judge Krieger dismissed all of the Repairman's claims.
In summary, careful practitioners should confirm there exists a viable insurance claim before proceeding with a Nunn-Agreement.
For additional information regarding Nunn-Agreements or about construction defect litigation in Colorado, generally, you can reach Jean Meyer by telephone at (303) 987-9815 or by e-mail at meyer@hhmrlaw.com.
[1] Nunn v. Mid-Century Ins. Co., 244 P.3d 116 (Colo. 2010).
[2] Dreyer v. Am. Natl. Prop. & Cas. Co., 18-CV-03334-MSK-SKC, 2019 WL 3002927 (D. Colo. July 10, 2019)
Posted by Denice Maccani at 9:38 AM 0 comments
Insurance Company's Reservation of Rights Letter Negates its Interest in the Litigation
The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance company to the plaintiff. Bolt Factory Lofts Owners Association, Inc. v. Auto-Owners Insurance Company, 2019WL 3483901(Colo. App. 2019).
In a 2016 lawsuit in Denver District Court, 2016CV3360, the Bolt Factory Loft Owners Association, Inc. ("Association") asserted construction defect claims against six contractors. Two of those contractors then asserted claims against other subcontractors, including Sierra Glass Co., Inc. ("Sierra Glass"). After multiple settlements, the only remaining claims were those the Association, as assignee of the two contractors, asserted against Sierra Glass.
Auto-Owners Insurance Company ("AOIC") issued policies to Sierra Glass and defended it under a reservation of rights. The policy afforded AOIC the right to defend Sierra Glass, and it required Sierra Glass to cooperate in the defense of the legal action. The Association presented a settlement demand of $1.9 million to Sierra Glass, which AOIC refused to pay. To protect itself from an excess judgment that AOIC might not have paid, Sierra Glass entered into an agreement with the Association whereby Sierra Glass would refrain from offering a defense at trial and assign its bad faith claim against AOIC to the Association in exchange for the Association's promise that it would not pursue recovery against Sierra Glass of any judgment entered against it at trial. Such agreements, known as Bashor or Nunn Agreements, are allowed in Colorado. Nunn v. Mid-Century Insurance Co., 244 P.3d 116 (Colo. 2010). Therefore, Sierra Glass was entitled to protect itself in the face of AOIC's potential denial of coverage and refusal to settle. Bolt Factory Lofts, at ¶ 15.
AOIC learned of the Sierra Glass agreement with the Association the day before the trial was to begin. The fifteen-day jury trial was reduced to a two-day bench trial as Sierra Glass would no longer put on any defense against the Association's claims. AOIC moved to intervene, continue the trial, contest the settlement agreement, and protect its rights under the insurance policies. The trial court held that the agreement was valid under Nunn and denied AOIC's motion to intervene. Following the two-day trial, the trial court entered judgment in favor of the Association, and against Sierra Glass, for $2,489,021.91.
On July 27, 2018, AOIC timely appealed the trial court's judgment, discussed below. Prior to that, on June 18, 2018, the Association obtained a writ of garnishment against AOIC in the Denver District Court, which AOIC removed to the U.S. District Court of Colorado, 18CV01725, on July 9, 2018. AOIC sought a declaration in the garnishment action that that Sierra Glass breached the policy by failing to cooperate with AOIC and that the judgment obtained in the underlying lawsuit was not enforceable against AOIC. In response, the Association asserted counterclaims against AOIC for: 1) breach of contract; 2) statutory unreasonable denial of payment of a benefit; and 3) common law bad faith. AOIC argued that the Association's counterclaims were contingent on the outcome of the appeal in the underlying lawsuit and must be dismissed because they were not ripe. Judge Brooke Jackson agreed, however, he also found that AOIC's claims were not ripe as they also relied, in large part, on the trial court's judgment. Judge Jackson noted that the ripeness doctrine asks whether a controversy is certain and not contingent on future events. He found that if AOIC prevailed on the appeal by successfully vacating the judgment, part of the declaratory relief it requested would no longer be necessary. Thus, the claims were not ripe for AOIC or the Association, and this case was dismissed in its entirety, without prejudice.
With respect to the appeal of the trial court's judgment, the Colorado Court of Appeals, Division VI (18CA1201), affirmed the trial court's denial of AOIC's motion to intervene. C.R.C.P. 24(a)(2) provides for intervention as a matter of right when:
1. The applicant claims an interest in the subject matter of the litigation;
2. Disposition of the action may impair or impede the applicant's ability to protect that interest; and
3. The applicant's interest is not adequately represented by existing parties.
Failure to satisfy one element of this rule precludes a motion to intervene as of right. Bolt Factory Lofts, at ¶ 10.[1] The appellate court found that AOIC failed to satisfy the first element and affirmed the trial court's order without considering the other two elements.
It was undisputed that AOIC reserved the right to deny coverage. Id. at ¶ 15. Thus, its interest in the litigation was contingent on the liability phase of the proceedings. While the existence of an interest should be determined in a liberal manner, if the interest is contingent, it may be insufficient to warrant intervention. Id. at ¶¶ 12-13.[2] Where an insurer reserves the right to deny coverage, "the insurer's interest in the liability phase of the proceeding is contingent on the resolution of the coverage issue." Id. at ¶ 14.[3]
Allowing AOIC to intervene to protect its contingent interest would allow it to interfere with and in effect control the defense. Such intervention would unfairly restrict Sierra Glass, which faced the very real risk of an uninsured liability, and grant AOIC a double bite at escaping liability. Id.[4]
An insurance company must consider the risks when it has a reservation of rights and denies a settlement for its insured within the policy limits. AOIC lost control of the defense because it lost its interest in the litigation with its reservation of rights. Once the claims were assigned, the judgment increased from a potential $1.9 million settlement to a $2.4 million judgment. If there is a finding the insurance company denied the Sierra Glass claim in bad faith, compensatory, economic, and noneconomic damages are available, as well as punitive damages, not to exceed the amount of actual damages, to punish the insurer and deter wrongful conduct by other insurers. C.R.S. § 13-21-102(1)-(3). If bad faith is found, AOIC could pay as much as $4.8 million. This type of reward creates an incentive for plaintiffs, like the Association, to accept an assignment of a claim, as contemplated by Nunn, which protects the insured from an excess judgment.
[1] Citing Diamond Lumber, Inc. V. H.C.M.C., Ltd., 746 P.2d 76, 78 (Colo. App. 1987).
[2] Citing Feigin v. Alexa Group., Ltd., 19 P.3d 23, 28 (Colo. 2001).
[3] Citing Travelers Indem. Co., v. Dingwell, 844 F.2d 629, 628 (1st Cir. 1989).
[4] Citing Dingwell, supra, at 639.
For additional information regarding Bolt Factory Lofts Owners Association, Inc. v. Auto-Owners Insurance Company or about construction defect litigation in Colorado, generally, you can reach Frank Ingham by telephone at (303) 653-0046 or by e-mail at ingham@hhmrlaw.com.
Posted by Denice Maccani at 1:47 PM 0 comments
Admissibility of Expert Opinions in Insurance Bad Faith Trials
In 2010, Hansen Construction was sued for construction defects and was defended by three separate insurance carriers pursuant to various primary CGL insurance policies.[i] One of Hansen's primary carriers, Maxum Indemnity Company, issued two primary policies, one from 2006-2007 and one from 2007-2008. Everest National Insurance Company issued a single excess liability policy for the 2007-2008 policy year, and which was to drop down and provide additional coverage should the 2007-2008 Maxum policy become exhausted. In November 2010, Maxum denied coverage under its 2007-2008 primarily policy but agreed to defend under the 2006-2007 primarily policy. When Maxum denied coverage under its 2007-2008 primary policy, Everest National Insurance denied under its excess liability policy.
In 2016, pursuant to a settlement agreement between Hansen Construction and Maxum, Maxum retroactively reallocated funds it owed to Hansen Construction from the 2006-2007 Maxum primary policy to the 2007-2008 Maxum primary policy, which became exhausted by the payment. Thereafter, Hansen Construction demanded coverage from Everest National, which continued to deny the claim. Hansen Construction then sued Everest National for, among other things, bad faith breach of contract.
In the bad faith action, both parties retained experts to testify at trial regarding insurance industry standards of care and whether Everest National's conduct in handling Hansen Construction's claim was reasonable. Both parties sought to strike the other's expert testimony as improper and inadmissible under Federal Rule of Evidence 702.
In striking both sides' expert opinions, the U.S. District Court Judge Christine Arguello set forth the standards for the admissibility of expert opinions in Federal Court:
Under Daubert, the trial court acts as a "gatekeeper" by reviewing a proffered expert opinion for relevance pursuant to Federal Rule of Evidence 401, and reliability pursuant to Federal Rule of Evidence 702.[ii] The proponent of the expert must demonstrate by a preponderance of the evidence that the expert's testimony and opinion are admissible.[iii] This Court has discretion to evaluate whether an expert is helpful, qualified, and reliable under Rule 702.[iv]
Federal Rule of Evidence 702 governs the admissibility of expert testimony. Rule 702 provides that a witness who is qualified as an expert by "knowledge, skill, experience, training, or education" may testify if:
(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Fed. R. Evid. 702.
In deciding whether expert testimony is admissible, the Court must make multiple determinations. First, it must first determine whether the expert is qualified "by knowledge, skill, experience, training, or education" to render an opinion.[v] Second, if the expert is sufficiently qualified, the Court must determine whether the proposed testimony is sufficiently "relevant to the task at hand," such that it "logically advances a material aspect of the case."[vi] "Doubts about whether an expert's testimony will be useful should generally be resolved in favor of admissibility unless there are strong factors such as time or surprise favoring exclusions."[vii]
Third, the Court examines whether the expert's opinion "has 'a reliable basis in the knowledge and experience of his [or her] discipline.'"[viii] In determining reliability, a district court must decide "whether the reasoning or methodology underlying the testimony is scientifically valid."[ix] In making this determination, a court may consider: "(1) whether a theory has been or can be tested or falsified, (2) whether the theory or technique has been subject to peer review and publication, (3) whether there are known or potential rates of error with regard to specific techniques, and (4) whether the theory or approach has general acceptance."[x]
The Supreme Court has made clear that this list is neither definitive nor exhaustive.[xi] In short, "[p]roposed testimony must be supported by appropriate validation—i.e., 'good grounds,' based on what is known."[xii]
The requirement that testimony must be reliable does not mean that the party offering such testimony must prove "that the expert is indisputably correct."[xiii] Rather, the party need only prove that "the method employed by the expert in reaching the conclusion is scientifically sound and that the opinion is based on facts which sufficiently satisfy Rule 702's reliability requirements."[xiv] Guided by these principles, this Court has "broad discretion" to evaluate whether an expert is helpful, qualified, and reliable under the "flexible" standard of Fed. R. Evid. 702.[xv]
With respect to helpfulness of expert opinions, Judge Arguello explained:
Federal Rule of Evidence 704 allows an expert witness to testify about an ultimate question of fact.[xvi] To be admissible, however, an expert's testimony must be helpful to the trier of fact.[xvii] To ensure testimony is helpful, "[a]n expert may not state legal conclusions drawn by applying the law to the facts, but an expert may refer to the law in expressing his or her opinion."[xviii]
"The line between a permissible opinion on an ultimate issue and an impermissible legal conclusion is not always easy to discern."[xix] Permissible testimony provides the jury with the "tools to evaluate an expert's ultimate conclusion and focuses on questions of fact that are amenable to the scientific, technical, or other specialized knowledge within the expert's field."[xx]
However, "an expert may not simply tell the jury what result it should reach...."[xxi] Further, "expert testimony is not admissible to inform the trier of fact as to the law that it will be instructed to apply to the facts in deciding the case."[xxii] Similarly, contract interpretation is not a proper subject for expert testimony.[xxiii]
Finding that all three of the experts intended to offer opinions that were objectionable on the basis of helpfulness, Judge Arguello granted both parties' motions to exclude the expert testimony of the opposing experts.
For additional information about the Hansen Construction v. Everest National Insurance Company matter, or construction litigation in Colorado, you can reach Dave McLain at (303) 987-9813 or by e-mail at mclain@hhmrlaw.com.
[i] Hansen Construction, Inc. v. Everest National Insurance Company, 2019 WL 2602510 (D. Colo. June 25, 2019).
[ii] See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589–95 (1993); see also Goebel v. Denver & Rio Grande W. R.R. Co., 215 F.3d 1083, 1087 (10th Cir. 2000).
[iii] United States v. Nacchio, 555 F.3d 1234, 1241 (10th Cir. 2009); United States v. Crabbe, F. Supp. 2d 1217, 1220–21 (D. Colo. 2008); Fed. R. Evid. 702 advisory comm. notes.
[iv] See Goebel, 214 F.3d at 1087; United States v. Velarde, 214 F.3d 1204, 1208–09 (10th Cir. 2000).
[v] Nacchio, 555 F.3d at 1241.
[vi] Norris v. Baxter Healthcare Corp., 397 F.3d 878, 884, 884 n.2 (10th Cir. 2005).
[vii] Robinson v. Mo. Pac. R.R. Co., 16 F.3d 1083, 1090 (10th Cir. 1994) (quotation omitted).
[viii] Norris, 397 F.3d at 884, 884 n.2 (quoting Daubert, 509 U.S. at 592).
[ix] Id. (quoting Daubert, 509 U.S. at 592–93).
[x] Norris, 397 F.3d at 884 (citing Daubert, 509 U.S. at 593–94).
[xi] Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150 (1999).
[xii] Daubert, 509 U.S. at 590.
[xiii] Bitler v. A.O. Smith Corp., 400 F.3d 1227, 1233 (10th Cir. 2004) (quoting Mitchell v. Gencorp Inc., 165 F.3d 778, 781 (10th Cir. 1999)).
[xiv] Id.
[xv] Velarde, 214 F.3d at 1208–09; Daubert, 509 U.S. at 594.
[xvi] United States v. Richter, 796 F.3d 1173, 1195 (10th Cir. 2015).
[xvii] Fed. R. Evid. 702.
[xviii] Richter, 796 F.3d at 1195 (quoting United States v. Bedford, 536 F.3d 1148, 1158 (10th Cir. 2008)); see, e.g., Killion v. KeHE Distribs., LLC, 761 F.3d 574, 592 (6th Cir. 2014) (report by proffered "liability expert," which read "as a legal brief" exceeded scope of an expert's permission to "opine on and embrace factual issues, not legal ones.").
[xix] Richter, 796 F.3d at 1195 (quoting United States v. McIver, 470 F.3d 550, 562 (4th Cir. 2006)).
[xx] Id. (citing United States v. Dazey, 403 F.3d 1147, 1171–72 (10th Cir. 2005) ("Even if [an expert's] testimony arguably embraced the ultimate issue, such testimony is permissible as long as the expert's testimony assists, rather than supplants, the jury's judgment.")).
[xxi] Id. at 1195–96 (quoting Dazey, 403 F.3d at 1171).
[xxii] 4 Jack B. Weinstein et al., Weinstein's Federal Evidence § 702.03[3] (supp. 2019) (citing, e.g., Hygh v. Jacobs, 961 F.2d 359, 361–62 (2d Cir. 1992) (expert witnesses may not compete with the court in instructing the jury)).
[xxiii] Id. (citing, e.g., Breezy Point Coop. v. Cigna Prop. & Cas. Co., 868 F. Supp. 33, 35–36 (E.D.N.Y. 1994) (expert witness's proposed testimony that failure to give timely notice of loss violated terms of insurance policy was inadmissible because it would improperly interpret terms of a contract)).
Labels: claims made, Colorado construction attorneys, Colorado construction litigation, construction defect, construction defect legislation, Denver construction attorneys
Dave McLain named Barrister's Best Construction De...
Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not En...
Insurance Company's Reservation of Rights Letter N...
Admissibility of Expert Opinions in Insurance Bad ...

redpajama_set_name: RedPajamaCommonCrawl


An opticians in Huyton now provides a range of additional eye health services, making GP and hospital waiting times for this care a thing of the past.
Specsavers in the Forum Centre can investigate and manage a number of minor eye conditions, including red or watery eye and dry or sticky eye.
This service is available to people who are registered with a GP in St Helens or Halton. Anyone with a problem can simply attend the store or call for an appointment and they will be seen within 24 hours, or offered an appointment with another accredited optician.
The store's qualified optometrists can also assess cataracts and advise patients on the options for future care and treatment. This service is available to people living in St Helens and Halton.
A diabetic screening service is also available at the store. Delivered on behalf of the NHS, there is no cost to the customer for these services and appointments can be booked at short notice with availability seven days a week.
Specsavers Huyton store director Melanie Lutas says: 'Specsavers has long been a champion not only of the importance of regular eye tests but of general eye health.
We already test and diagnose more eye conditions than any other UK opticians. In our store we introduced free digital retinal photography as part of our regular eye examination several years ago, allowing us to detect signs of many conditions and monitor progress, including glaucoma, diabetes, high blood pressure and in extreme cases, tumours.
Additional eyecare services are now available in selected Specsavers stores nationwide.
The store in Huyton can detect and manage minor eye conditions, including red eye, dry eye and floaters on the same day. More complex conditions will be discussed on a case-by-case basis.


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Georgia to go on tour with The Accidentals, Mary Bragg & Gary Burr in March 2023
By middlemanburr | September 10, 2022
Georgia will be hitting the road with The Accidentals, Mary Bragg and Gary Burr March 1-11, 2023. Their first show will be in Nashville at Analog on March 1st Tickets to go on sale Thursday, Jan. 19th! For a schedule of the shows, please see below:
TIME OUT 3 Tour with Gary Burr, Mary Bragg, Georgia Middleman goes on sale tomorrow, Jan. 19th on patreon.com/theaccidentals and on bandsintown.com/theaccidentals on Friday! Pre-show tickets include early access, front row seating, exclusive merch (poster, postcards, tea, and music) and the chance to win a Fender Guitar – drawing held March 12th. One entry per ticket. Y'all are gonna love this show, and these people. Let's do this.
Wed. 3/1 Nashville TN Analog at Hutton Hotel
Thurs. 3/2 Peoria IL 3200 Event Center
Friday 3/3 Grand RapidsMidtown GR (The Listening Room
Sat. 3/4 Grand Rapids Midtown GR
Sun 3/5 Traverse City Traverse City Opera House
Wed. 3/8 Lake Orion 20 Front Street
Thurs. 3/9 Lake Orion 20 Front Street
Friday 3/10 Chicago Old Town School of Folk Music
Sat 3/11 TBA
Posted in News and tagged as featured.
Middleman Burr to play The Cutting Room in NYC on May 19, 2023
By middlemanburr | July 18, 2022
Georgia & Gary are excited to be playing an acoustic concert at The Cutting Room in New York City on Friday, May 20th. Tickets on sale NOW!!! For more info, please click HERE
"Nashville To New York" back at NYC's The Cutting Room on Oct. 6, 2021!!
By middlemanburr | June 17, 2021
We're finally making it back to The Cutting Room in NYC to do our "Nashville To New York" show! While we were originally bringing one other hit songwriter to perform with us, our guest unfortunately had to cancel… so this time it will just be Gary and Georgia on stage.
Come hear the stories behind the songs…in other words, what you've been watching online for the last 18 months but this time LIVE and in person!!! We have formed a pretty tight community online called MB Nation and while some of our MN Nation'ers will be traveling to NYC to meet each other for the first time, several will not be able to be there. So for those folks, we will be streaming to our Middleman Burr Facebook Page the night of the show. We hope you can join us either online or in person on Oct. 6th!
To purchase a ticket to the show, click HERE
To watch the show on Facebook when we go live, click HERE
Middleman Burr Facebook Request Live Show – Sunday, Jan. 8, 2023
Please join us for our first FB Request LIVE performance of 2023 on Sunday, Jan. 8th at 2:00 p.m. CT! We'll be playing songs of ours you requested through the week. To request, please email us at: middlemanburr@gmail.com. You can find the show over at our Middleman Burr Facebook Page 🙂
Click HERE to go to our page and if you hit LIKE, you'll be notified when we go live.
Let's bring in 2023 with a bang. See you there!


WEST HOLLYWOOD, CALIF.—The internet is a product of Ryan O'Connell, just as he is a product of the internet.
This is, as the influencers say, on brand for O'Connell, who spent several years cultivating his voice as part of a wave of bloggers writing highly confessional personal essays ("An Open Letter To My Only One-Night Stand"), humorous how-to guides ("How to Appear Cooler on Facebook Than You Really Are") and listicles ("5 Valid Reasons to Get Drunk With Someone") on the pop culture lifestyle site Thought Catalog. In a trajectory not unlike the blogger-turned-author-turned-TV creator Lindy West, O'Connell's viral musings quickly landed him a book deal and, now, a TV show.
I'm Special: And Other Lies We Tell Ourselves, O'Connell's detailed account of his experiences as a disabled gay 20-something, caught the attention of producer Todd Spiewak, who shared the book with his now-husband, the Big Bang Theory star Jim Parsons. The couple reached out to O'Connell about making the show and signed on as executive producers; O'Connell began writing the scripts for Special during a break from his job as an executive story editor on the Will & Grace reboot.
In a recent interview, O'Connell spoke about using humour to his advantage, educating the general public about his disability and having mixed feelings about seeing himself on billboards. These are edited excerpts from the conversation.
When I realized I was gay at age 12, I didn't love that for me. It wasn't the combo meal that I would order off the menu. But I was very fortunate to have supportive friends and family so that was never really my struggle, never my cross to bear. It really was being disabled that I just felt so ashamed of from a really young age. Growing up, I would have tons of surgeries; I was in physical therapy constantly; I'd been fitted for leg braces. Of course, because of the ableist society we're born into, you just want to be like everybody else.
Being disabled, moving through this world, you're going to have to eat a lot of troll sandwiches. You're going to have to encounter a lot of people who are like, "Are you OK?" — who are going to infantilize you and not know how to treat you. Just the other day, I was leaving the gym and a woman behind me was like, "Are your legs sore?" And I thought, "She can't be talking about me." Which is so funny because this happens to me all the time, but every time I'm like, "This can't be happening, because no one would be this rude or out of touch." And then sure enough, I go down the stairs and she's like, "Are you OK?" and gives me a thumbs up as if I have true brain damage.
Everything can be mined for comedy. I think humour was a really, really important part of this for me because I think that the way people treat disabled people, it's not out of malice. It's not like they want to take us down. I think it's just pure ignorance. I think it makes people uncomfortable like they don't want to offend and so, in that process, they kind of end up offending. So I think giving them a show like Special, which is funny and I'm the one making the jokes and I'm the one writing them — I think it makes them feel at ease.
Strange. I mean mama never wanted to act, you know? That wasn't my journey, honey. I wanted to be Nora Ephron, not Meg Ryan. I'm excited for it and I loved acting, I really did, but it was just not what I'd planned. It's just taking some recalibrating and getting used to, like, "OK, I'm going to be visible in this way." Growing up disabled you're not thinking, "I want to be a movie star, Mom and Dad! Enrol me in acting classes!" You're like, "Gee, I hope I get my leg braces off by the time I'm 16. I hope I can learn how to drive a car!" I hope to inspire other disabled people and also show (the rest of) society what we can do, which is — spoiler — a lot.


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Migration in Times of Climate Change – Crisis or Part of the Solution?
In its latest assessment report the Intergovernmental Panel on Climate Change (IPCC) states that one in three people is extremely vulnerable to climate change. This vulnerability is intertwined with social inequality and therefore unequally distributed across the globe. The assessment results emphasize a central question of our time: how can we protect affected population and adapt to present and future change in the climate?
By Hanna Friedrich
No climate justice without civic space
In the run-up to COP27, we note with great concern the human rights situation in Egypt. Therefore, together with other international and German civil society organisations, we have signed the Egyptian Human Rights Coalition's petition to the COP27.
COP27: Don't greenwash Egypt
The Egyptian military dictatorship hosting this year's COP poses a political challenge for all participants. But upon close inspection, reference points for demanding human rights emerge.
By Johannes Gunesch
Climate Finance Matters at COP27
Rich nations must prove they are willing to hold up their end of the climate bargain of the Paris Agreement at COP27.
By Liane Schalatek
EACOP oil pipeline: More of a curse than a blessing
In mid-September, the European Union (EU) Parliamentary resolution called on the international community to stop the construction of the controversial the East African Crude Oil Pipeline (EACOP) in East Africa. This has been preceded by years of civil society resistance. Too much is at stake for nature and people.
By Adrian Amann
The 'Chinese Way' to decarbonisation
How will the world's biggest developing country bring down the world's highest greenhouse gases emissions to net-zero in the shortest period of time? (How) is China's decarbonisation different from the rest of the world?
By Liu Hongqiao
Statement against Net-Zero narratives
The declaration "Real Solutions not Net-Zero" against the Net-Zero narratives was signed by 725 organisations during COP26.
Net-Zero files by CLARA Group
CLARA pursues climate solutions that work for people - at community, landscape, and national levels.
Blurred Lines: Foreign Policy in the Age of Climate Change
At the third session of the 22nd Heinrich Boell Foundation Foreign Policy Conference, the penultimate panel will focus on the German-Indian relationship - and the blurred lines between environmental and climate issues.
By Noah J. Gordon
A transatlantic climate alliance? A closer look at the tensions between European and US approaches to climate policy
A different policy mix of climate protection in the U.S. and EU creates tensions that make a close alliance very difficult. The deep political divide in the U.S. also raises doubts about the durability of climate policy cooperation.
By Jörg Haas


Cheese Boy Comics in Las Vegas | Cheese Boy Comics Presents: Col-B Movie Night!
Cheese Boy Comics Presents: Col-B Movie Night!
Join us every first Wednesday of the month for a fantastic B-experience brought to you by our one and only Big Cheese Colby! You want snacks? We got those snacks you need. You want sharks? We got sharks. You want explosions? We got those, too. The only thing we don't have is an A-Rated experience. There won't be any Star Wars here! NOT TODAY STAR WARS, NOT TODAY.
From "Death Race 2050" to "The Death Bed: the Bed That Eats" to "The God of Cookery"! What will our mighty leader watch next?!


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Angélica Vale (born Angélica María Vale Hartman; November 11, 1975) is a Mexican-American actress, singer, and comedian. She is known also as the daughter of Angélica María.
She is known for her role as the protagonist of La Fea Más Bella (The Prettiest Ugly Girl), a Mexican telenovela, with her real-life mother. She starred in the webnovela No me hallo as Luchita Guerra.
Early in 2012, Vale was a team captain on the Mexican TV Show Parodiando, of Televisa network. Vale became a U.S. citizen in 2016, while retaining her Mexican citizenship.
↑ "Angélica Vale y su doble nacionalidad" (in Spanish). The Debate. October 19, 2016. Retrieved December 28, 2017.
This page was last changed on 29 April 2018, at 22:56.


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Viva Italia owner Irene Coles with cooks Jesse Coles and Leigh Steele in the restaurant kitchen. Alistair Brightman
Restaurant owner fights back against cockroach video
by Carlie Walker
5th Feb 2014 5:00 AM | Updated: 6:45 AM
A RESTAURANT owner has hit back at claims her eatery is infested by cockroaches after a video taken following a routine fumigation was uploaded to a social networking website.
Irene Coles and her family bought Viva Italia in Hervey Bay three years ago.
Ms Coles said she believes the video was taken by a disgruntled former worker soon after her family bought the business.
The person cleaned the kitchen after pest control visited the premises and took video of the insects, which they have since been using periodically to try to damage the reputation of the popular pizza restaurant, Ms Coles said.
The video was posted to Facebook page Wide Bay Brickbats and Bouquets but was removed by the page's administration because it was defaming the business.
Ms Coles and her daughter then posted on the page, voicing their outrage towards the person they believe is trying to damage their livelihood.
She said the community had thrown its support behind her and Viva Italia and, thanks to the routine fumigations carried out, she said the business was pest-free - and had never had a problem when regular examinations were carried out by health inspectors from the Fraser Coast Regional Council.
The video is still being circulated from a fake Facebook account and Ms Coles described the person's actions as "cowardly" because they would not put a real face or name to their claims.
On the person's Facebook account, Ms Coles had also noticed a threat to "rape and murder her entire family" which was later removed.
Police confirmed they had been notified about the situation.
Woman keeps 100,000 cockroaches, says they're her babies
cockroaches hervey bay online online video pizza urangan


Land-based machinery technicians maintain, overhaul and repair agricultural equipment and machinery.
Diagnose and repair fuel systems on agricultural equipment.
Check machine equipment for proper performance and detect faults and malfunctions. Diagnose malfunctions using testing equipment to determine the required repair.


I like to browse after I finish my necessary shopping whether at the grocery store or any other store. I don't buy everything I see, but when I find something that works for my hobbies, my health, or my comfort, I'm willing to indulge. So, thought I'd share a few of my current favorite things.
We are gluten-free at our house because of my husband's intolerance to wheat products. It took us years to discover the problem so never going to change that aspect of our life. If any of you are gluten-free, I'm willing to bet one of the things you miss the most is any kind of bread product. Yes, you can bake a sort of, not really, reasonable facsimile but it is never quite as satisfying as the real deal. I was an avid bread baker until we had to change the family diet around. You CAN produce a reasonable bread-like outcome on a gluten-free diet but the texture of the dough and the process is different.
I was cruising the Internet a few weeks ago and discovered Authentic Foods – Steve's Gluten-Free Bread Flour. It promised great things and I purchased some with not too much hope. Bingo! First loaf of bread was amazing with the right texture and a wonderful yeast rise. I currently have a 25-pound bag of the stuff in my former wheat flour storage container! Definitely, number one on my discoveries of late.
Here is an odd, new favorite – Hemp hearts! I saw this at Costco and was intrigued. It has a lot of vitamins including three grams of fiber per serving. Supposedly, it claimed to taste good, too. And, it does! It now gets sprinkled on salads, blended in smoothies, and even enjoyed by the spoonful. I gave one of my sons a bag for his apartment living and his three roommates enjoy it, too. Great for those between-meal hunger pains.
Dry weather and being a constant knitter, crocheter, seamstress is very hard on my hands. I am seldom without chapped hands and split fingers. Buy stock in Liquid Bandage as I keep two bottles in the house constantly. Discovered O'Keeffe's Skin Repair 48-hour lotion. It stated it was guaranteed to relieve extremely dry and itchy skin. I was desperate. I used it at bedtime and the next morning there was noticeable improvement. Found it at Walmart.
In the realm of gluten-free again, two other flour blends are good additions to my baking/cooking efforts in the kitchen: BetterBatter and Pamela's All-Purpose Gluten-Free Artisan Flour (Dairy-free, too!) are now staples in my cupboard. BetterBatter has a multitude of recipes on their Internet site for inspiration. Pamela's is cup for cup for using in formerly favorite regular recipes and especially nice for baking cookies. Again, you can find recipes on-line and try some of your own favorites from the gluten day. I usually buy my flour blends on-line as it is less expensive than health store prices.
My addiction to yarn and crocheting/knitting was satisfied recently. I love making projects with varicolored yarn but couldn't find exactly the mix of colors that pleased me in the usual offerings. Several months ago, I was looking at the yarn aisle and there was something new! It was a yarn that was soft, came in a larger amount than others for a good price and . . . it was variegated in the most interesting color combinations. I liked the whimsical names of the various choices, too. I recently completed a blanket for one daughter in the color blend 'Gnome'. It was a wild assortment of vivid almost neon colors with enough somber ones to create a nice result. I'm now working on a blanket for my older son's birthday and it is called 'Sphinx' which is a manly (can we still use the word manly in this day and age?) combination of brown and blue tones. The really nice thing about this yarn is that each skein has a lot more yardage than other brands which makes the under $5.00 a skein actually a bit of a bargain. Right now, Walmart is the only store selling this yarn. It is called Mandala and produced by Lion Brand Yarns.
End of sharing time. Laundry calls and I still haven't invented dinner for this evening! Would rather be crocheting but them's the breaks!
I was an art major in college but marriage and children distracted me from my painting years ago. Discovered, however, that the abstract artist in me is always finding ways to show up in either my cooking/baking or sewing! This week, I got the idea of being more creative with the Little Dresses for Africa and liked what evolved in the course of my sewing!
I had a couple of yards of fabric on the shelf which was enough to make a dress but the color on its own was a bit dull. I went to one of my scrap boxes (yes, I have more than one, don't ask!) and found some complementary bits and pieces of fabric that worked well and with a little applique time, turned into a 'original' creation. The second dress didn't have enough fabric for one dress but with some cutting and adjusting, it melded into a whole dress that will probably never be repeated.
Nothing that Buster likes better is posing for pictures. Today, he was roasting his fuzzy self in a patch of sunlight but when he heard me go for the always-handy camera, he stopped his nap and went into action.
There seems to be two schools of thought on Snickerdoodles. Some people like to make them small and predominately crisp. I am on the side of big with crisp edges and a softer, chewy center. Besides, if you only allow yourself one cookie, make it count, right?
These cookies pack well and would be a welcome to any summer picnic or a good offering to a summer barbecue invitation.
Combine the sugar and butter in a large mixing bowl and beat until light and fluffy. Add vanilla and eggs, blending well. Add flour, cream of tartar, baking soda, and salt. Mix well.
Combine the 4 tablespoon sugar and cinnamon in a small bowl. Measure out 1/4 cups of dough and form into balls. Roll balls in cinnamon/sugar mixture and place 2 inches apart on ungreased baking sheets.
Bake for 12-15 minutes or until set. Remove immediately from baking sheets onto a cooling rack.
Makes approximately 3 ½ dozen big cookies. Can be made smaller but be sure to adjust baking time.
Quilt Scraps and the Budget Quilt – Sort of . . .
Nothing I like better is a quilt order that leaves it up to my discretion as how it will turn out! In this case, my daughter asked for a new quilt for her birthday in March. She said she wanted it to be varied in subject with rainbows, colors, and . . . and . . . and. My cue to dig through my scraps and find fabric so I could make one of my 'world vision' quilts. Translation: Every square has some kind of picture/scene in it and anything goes. I also have tentative plans for the back of the quilt but haven't finalized them yet. Someone told me that the backs of my quilts are almost as elaborate as the front. Yesterday, i finished the 30 preliminary squares for the quilt and hope to have time to start putting on the borders. As usual, I have a quilt on the shelf that needs a few more hand stitches, one that is pieced and awaiting some backing fabric, and now this current creation.
Sending off Little Dresses for Africa!
I had some time, last week and over the days managed to get eight more dresses down for Little Dresses for Africa. Anyone who likes to sew, might look into trying this. The dresses are basic which leaves lots of room for artistic touches like pockets and trims. Fun to imagine, too, that some little girl in Africa will have a wonderful surprise one of these days when the latest shipment of little dresses arrive.
Christmas Crafts – Tis the Season All Too Soon!
Working on Christmas crafts. Yes, it is ONLY the end of August but, count the days, we will be sitting down to turkey dinners before you know it and realizing the Christmas Season is around the corner. Lots of opportunities for creativity at the various stores. The plain, cutouts and little boxes provide a lot of empty space to fill with paint and faux jewels.


Field Phenomics is the main site for the project "A field-based high-throughput phenotyping platform for plant genetics" funded through the National Science Foundation Plant Genome Research Program.
The essence of plant biology is to understand the link between genetic variation and observed phenotypes. The association of DNA polymorphisms with phenotypes on a genome- wide scale and dissection of the genetic architecture of complex traits on a species-wide level requires accurate phenotyping of large populations along with genome-wide molecular markers. Genotyping can now be accomplished with low-cost, high-throughput assays and sequencing. Phenotyping, on the other hand, is labor intensive and has become the limiting factor in plant biology studies and crop improvement programs. Platforms for high-throughput phenotyping (HTP), particularly in field environments, are needed to compliment the wealth of genomic information in plant genetics. This project will develop transformational capacity for field-based HTP by creating platforms for rapid assessment of multiple quantitative plant traits. Proximal sensing tools and GPS referencing will be integrated to develop mobile platforms that are low- cost, flexible, robust, and amenable for a range of species. A central premise of this work is that integrating streams of data from multiple types of sensors will increase both the accuracy and number of traits that can be quantified for field grown plants. Thus, a second objective is to develop novel algorithms for analyzing HTP data to quantitatively estimate phenotypes expressed in field environments. The newly developed sensor systems, indexes, and algorithms will be applied in test cases that examine multiple quantitative traits in wheat, soybean and cotton.
Over the last decade, continuous improvements in genotyping technology, especially sequencing platforms, have radically increased the amount of genotypic data available, while lowering costs per datum. In contrast, phenotyping of large populations for multiple traits in multi-environment field trials remains costly and laborious, especially for dynamic traits that are repeatedly measured during the life cycle of a plant. To truly enable 21st century biology in the genomic and information age, HTP platforms must be developed with the capacity to quantitatively assess thousands to millions of plant phenotypes. Such platforms will compliment the explosion of genomic information currently being collected and will enable field level experimental biology on a scale that has not been previously possible. New platforms can also expand the germplasm evaluations in plant improvement programs and thus directly benefit attempts to address the challenges of increasing food, feed, and fiber production in the face of growing populations, decreasing arable land area and global climate change. This project will focus on field-based assessment of economically important crop species that represent very different plant types and production systems, helping to ensure broad applicability of the platforms and associated analytic methods to a range of target environments and species, and scalability for larger studies. The tools and methods developed will be transferred to the plant genetics and crop improvement communities through hands-on training workshops, student internships, a project website and Internet-based resource for training materials, equipment designs and software. HTP workshops and an international symposium will be hosted to promote technology dissemination nationally and internationally. This project will provide training for graduate and postgraduate scholars while hosting multiple internships for undergraduate engineering and plant science students in the exciting field of HTP.


Whether you're interested in gymnastics, martial arts or exercise tips, this is a great resource. This site focuses on the finer aspects of exercise, teaching, training and more.
Learn about martial arts such as Krav Maga, about how to prevent injuries during strenuous exercise, and about developing a personal exercise routine for your needs. Get more from your workout routine and your body with Savannah Metro Gymnastics.


Ghostbusters was the biggest comedy of the 80s, Dan Aykroyd and Harold Ramis had a huge challenge on their hands to beat the first film in comedy and action. Unfortunately the results weren't that spectacular. The film was trashed by many critics on release and is sort of looked down upon by film fans. Ghostbusters 2 is often lumped into lists of bad sequels. I feel it gets a bad rap and is very underrated..I look back on the film and discuss the problems with script and highlight some good points to this entertaining sequel.


The hot, lazy days of summer have arrived. As the quilt guilds have wound down for the season, and business has taken on a quieter tone, I am enjoying the company of family and friends and basking in the beauty of the great outdoors. I find myself becoming refreshed and relaxed as I spend more time creatively, finally having the time to get to my beloved quilting.
Although time is passing quickly – and we're already into the second half of the year! – my time quilt is also progressing nicely. The birth month flowers for July are the larkspur and the water lily.
The larkspur, also known as the delphinium, is a tall plant with the center – the spur – resembling a lark. Its fragrant, open-petal blossoms are likely to have inspired its meaning of having an open heart with strong attachments. With more than 300 varieties, the three main colors and their meanings are pink for fickleness, white for a happy nature, and purple for strong bonds of love. I chose blue-violet fabrics for the larkspurs in my quilt.
The water lily – dubbed "the Queen of the Water" – and also known as the Lotus flower, is said to symbolize joy, purity, and majesty. It changes color from white to deep pink and actually bears fruit when in full bloom. It has a single crown-like blossom on a large lily pad. Each flower in the quilt only measures a little over an inch across, making the individual petals rather tiny indeed!
Here is July in my quilt.
The birthstone for July is the ruby. It is the most valuable of all the gems – known as the "king of gems". A high quality ruby is a medium to dark red hue. Here it is on my time quilt, at the 7 o'clock position for the seventh hour, the seventh month.
With summer at the height of its beauty and majesty, it seems fitting for the month's gemstone to be king and the birth flower to be queen. Many of you will enjoy summer vacations and time off work – perhaps also returning to your quilts, inspired by more time and nature's floral artistry and bounty. May you be fruitful in your quilting as the days are longer and the time of harvest draws near.


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More than 40 convicted terrorists have used human rights laws to remain in UK
25 Jun, 2017 02:35 AM 6 minutes to read
An armed police officer stands at Manchester Piccadilly railway station in Manchester. Photo / AP
By: Robert Mendick at Telegraph UK
More than 40 foreign terrorists have used human rights laws to remain in the UK, according to an unpublished report delayed by the Home Office.
The study highlights the near insurmountable problem for the Government in deporting dangerous jihadists and follows a series of Islamic State-inspired attacks in the UK.
In the court cases, lawyers - typically funded through legal aid - have successfully prevented foreign-born terror suspects from being sent back to their home countries.
At a time when Britain's security services are fully stretched, the additional burden of monitoring so many foreign terrorist inevitably adds to the strain.
Details are contained in a report ordered by Theresa May when Home Secretary into a scheme called Deportation with Assurances (DWA).
The scheme - in theory - allows the UK to expel terror suspects with guarantees they will not be mistreated or even tortured in their home country.
But it appears to have broken down allowing terrorists to remain in the UK.
The report is potentially embarrassing for the prime minister because it is expected to highlight the collapse of an initiative she pushed hard for while in the Home Office.
The DWA scheme led to the removal of Abu Qatada, a notorious al-Qaeda-linked cleric who was sent back to Jordan in 2013 to stand trial on terrorist offences. Qatada was cleared but since his case, it is understood, that no other foreign terror suspects have been returned under the scheme.
The analysis of the Government's practice of deportations with assurances was carried out by David Anderson QC, the then independent reviewer of terrorism legislation, and co-written with Professor Clive Walker, an international law expert.
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It was delivered to the Home Office in February.
Prof Walker said: "My research suggests there are more than 40 foreign terrorists convicted in the UK who have avoided deportation using the human rights act. The figure is much larger than was previously thought."
Among those understood to have used the Human Rights Act to resist deportation including jihadists with links to the failed 21/7 bomb plot in 2005 who were jailed in the UK and subsequently released after serving their sentences.
Another is an Algerian terrorist imprisoned for funding al-Qaeda training camps but since free after serving his sentence.
He added: "The report is finished. It is a substantial piece of work. David [Anderson] has produced other reports critical or not of the Government which have always been published.
"My role in it was to compile a detailed description of the rules and regulations about deportation with assurances. I still think the Home Office wish to pursue DWA."
Thirty-five people have been killed in three separate Islamic-State inspired terrorist attacks since March - at Westminster Bridge, London Bridge and at Manchester Arena. Another innocent victim died in a far-right attack on a mosque in Finsbury Park in the early hours of Monday.
Amber Rudd, the Home Secretary, announced a review of Britain's counter-terror strategy last week and put Mr Anderson in charge of it.
The intelligence agencies and counter terror police are under huge pressure after it emerged that in the three recent Islamist terror attacks, the perpetrators were known to security services.
Two of the attackers in the London Bridge atrocity were Moroccan born; one of them Youssef Zaghba had been on an international watch list having tried and failed to reach Syria from Italy in 2016. Zaghba was questioned on entering the UK but still allowed in.
The threat to the UK from foreign-born jihadists remains high in the wake of those attacks and the inability to deport known terrorists compounds those concerns.
Lord Carlile, Mr Anderson's predecessor as the independent reviewer of terror legislation, said a shift was needed in the interpretation of the Human Rights Act to enable the deportation of more suspects.
"The attacks in recent months demonstrates the need to protect the public and that this should outweigh the human rights of terrorists," said Lord Carlile.
Convicted terrorists who have avoided deportation include Siraj Yassin Abdullah Ali, who was released in 2011 after serving just half of his nine-year sentence for helping the July 21 bombers. The Government tried to deport him to his native Eritrea but was prevented from doing so because he faced "inhumane treatment or punishment" if returned.
Ali was convicted of helping a terror cell of five al-Qaeda suicide bombers in their bid to repeat the carnage of the attacks of July 7, 2005, two weeks later. The bombs failed to explode.
Another member of the network Ismail Abdurahman, who hid one of the 21/7 bombers Hussain Osman for three days, also escaped being deported to his native Somalia after judges feared for his safety.
Baghdad Meziane, who was convicted of being an al-Qaeda fundraiser in 2003, also successfully used the Human Rights Act to resist being sent back to his native Algeria. Meziane was jailed in 2003 for 11 years for running a terror support network and is now out of prisoner and thought to be living in Leicester.
It emerged earlier this year that Fowzi Nejad, the sole surviving terrorist of the Iranian embassy siege in 1980, had also evaded deportation to Iran to protect his human rights. He served 28 years in jail before his release on parole.
It is understood just 12 foreign-born terrorists have been deported under the DWA. By contrast, France has deported more than 120.
Britain set up the DWA scheme to send back terrorists under 'non-torture' deals. But in 2014, the official in charge of DWA - Anthony Layden, the former ambassador to Libya and Morocco - resigned because it wasn't working. He has declined to say precisely what the problem was but told The Telegraph he had no wish to 'help the terrorists'. He said his problem lay with the Home Office.
The DWA scheme was introduced in 2005 and agreements signed with Algeria, Jordan, Ethiopia, Libya, Lebanon and Morocco.
The Human Rights Act (HRA) of 1998 ensures that the European Convention on Human Rights (ECHR) is enshrined in domestic law.
The Act makes it possible to seek redress for ECHR violations in UK courts, rather than the European Court of Human Rights in Strasbourg. It also places UK public bodies under legal obligation to obey the ECHR, unless it conflicts with an Act of Parliament.
The Conservative party wants to scrap the HRA and derogate from the ECHR
The case for change:
The Conservative party says the European Court of Human Rights shouldn't have power to override British court rulings and laws.
The case against:
Moving away from the principles of the ECHR would weaken human rights of the most vulnerable say human rights groups, and threaten the Good Friday Agreement.
Philippines hit by magnitude 7 quake


Serial Killer Quote of The Day!
We've compiled (and continue to compile) the largest collection of Serial Killer Quotes on the the web. As the title suggests, you'll find today's quote but also allows the user to randomize which quote you wish to see. Once here, most people cycle through the random quotes to see some of the coolest quotes.
These quotes serve to give a glimpse inside the mind of a Serial Killer through their own words.
This entry was posted on Saturday, December 4th, 2010 at 7:33 pm	and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.


8. Railroad Stock Prices, 1834-1845.
9. Quoted Discounts on State Bank Notes in New York, Cincinnati, and Cleveland, selected dates, 1817-1858.
Some of the downloadable Excel files that follow use Pre-1900 dates that Excel does not natively handle. We wrote an Add-In to overcome this limitation. Download the Pre-1900 Date Functions Add-In, copy it to C:\Program Files\Microsoft Office\Office10\Library (for Microsoft Office XP). Then open Excel, go to Tools Add-Ins and check the corresponding box.


Free Toddler Learning Tower plans - You have been asking...and would you believe I finally answered? It took me a while to come up with a method of building this piece that looks good, and yet is also easy to build and inexpensive as well! I know there are many, many, many of you who have been waiting for this plan, so I hope that each of you will help me out by making sure that everyone knows it is been posted so that you might be able to finish in time for the holidays, if you so desire! Please tell everyone you know who has a toddler... this is easy and cost effective, you will save HUNDREDS! Cute right? Love this... Sturdy, Safe and still provides a learning and tactile experience for your little ones! Four adjustable height levels to grow with your kiddos! This is part of our Hand Built Holiday Workshop Series! Our new kind of No Child Left Behind policy! Cut your Side Panels to size and shape accordingly. You will need 2 of these, so consider creating one and using that as the template for the other. Use your drill to create pilot holes in the areas you will be cutting out, then use your jig saw to carve the shape. For the circular holes that will house the dowel rods, you can use a 1 inch hole saw drill bit attachment or you can drill a pilot hole and then use your jig saw.


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Q: Postgresql Procedure Error - Record "old" has no field I'm using postgresql procedures and here is my code;
CREATE OR REPLACE FUNCTION public.title_last_procedure()
 RETURNS trigger
 LANGUAGE plpgsql
AS $function$
BEGIN
    if (TG_OP = 'INSERT') then
        update
            "Titles"
        set "entryCount" = "entryCount" + 1,
            "lastInsertedDate" = date_trunc('day', (now() + interval '3 hours')),
            "lastInsertedTime" = now(),
            "entryTodayCount" =
                (case
                    when old."lastInsertedDate" != new."lastInsertedDate" then 1    -- If date different.
                    else "lastInsertedDate" + 1                                     -- If date same.
                end)
        where new."TitleId" = id;
        return new;
    end if;
    return null;
END;
$function$
;

I have two tables Entries and Titles, and I want, when I inserted to data in Entries, it increase lastInsertDate in Titles table. Everything works fine. But If title new, no any lastInsertDate so "old" gives error becouse no any data.
when old."lastInsertedDate" != new."lastInsertedDate" then 1

DatabaseError [SequelizeDatabaseError]: record "old" has no field "lastInsertedDate"

How can I set lastInsertedDate if record is new records without get error? Or how can i check if no old."lastInsertedDate" ?

redpajama_set_name: RedPajamaStackExchange


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What's The Government's Plan For Rollout Of 150 Million Rapid Coronavirus Tests?
Published October 1, 2020 at 4:09 PM EDT
TONYA MOSLEY, HOST:
Testing is a key pillar of the nation's coronavirus response, but throughout the pandemic, states have reported testing shortages and weekslong delays for results. This week, President Trump announced a new phase in the nation's testing strategy - the widespread rollout of rapid antigen tests, which can give results in as little as 15 minutes. The president said 150 million of those tests will be distributed in the coming months.
PRESIDENT DONALD TRUMP: This will be more than double the number of tests already performed. And here's our plan - 50 million tests will go to protect the most vulnerable communities, which we've always promised to do.
MOSLEY: Admiral Brett Giroir is head of testing for the White House Coronavirus Task Force and joins me now. Welcome to ALL THINGS CONSIDERED.
BRETT GIROIR: Thanks for having me on this afternoon.
MOSLEY: Yes. So you actually demonstrated one of these tests earlier this week at the Rose Garden, and you called it a very sophisticated little piece of cardboard. In a few words, how's it work?
GIROIR: So it works by - unlike some of the traditional tests that amplify the genetic material, this actually looks for the proteins that are actually on the virus. So what it does is you just take a simple sample from the outer part of your nose - not the real deep one. You put it inside this card that you have just added a little bit of fluid - and what it is, it's an antibody that detects the antigen.
And it's sort of like people might have home pregnancy tests at some point in time. If you get one pink line, it's negative. If you get two pink lines, it's positive. It works in 15 minutes. So it really is an advance because we'll have as many as 48 million per month of these, and they're only $5 per test. So, again, a great advancement to our testing ecosystem, going to help a lot of people.
MOSLEY: OK, so this rapid antigen test is easier and faster than the genetic tests we've been using throughout the pandemic, but it's also less reliable and can actually produce more false negatives and false positives. Isn't that a concern?
GIROIR: So every test has false negatives and false positives. When you look at this specific test, its authorization is for those in the first seven days of symptoms, and its agreement with the best laboratory PCR test is 97% for sensitivity, 98% for specificity. So it really is quite good and a cheap, highly produced card. But with every test, particularly if you're testing in areas of low prevalence where there's not much disease, you're actually going to have more false positives than true positives. That's why it's very important to understand what the tests mean, when it needs to be repeated, when it doesn't need to be repeated.
But if you're looking at people who are symptomatic, this is a really, really good - really good test. And it can also be good for screening. Five dollars - we hope it's used that way. And we are using it that way for nursing home workers because we want to protect our elderly home health and also in some vulnerable areas, like historically Black colleges and universities and our tribes.
MOSLEY: OK, so are you prioritizing their delivery to states with a surge in cases like Wisconsin, for instance?
GIROIR: So of the 150 million, 50 million will be going to those vulnerable communities prioritized by the community outbreak. So if you're a nursing home in a green county where you only have to test your workers once a month, you're not getting any of these Binaxes. We've already provided a lot of other things. So 50 million are really going to go by that kind of community-spread priority.
The other 100 million, we made the policy decision to distribute them equally by proportion of the population to the states. We did that because we think most states will use these to keep their schools open, and whether you have a lot or a little spread, making sure that you can test students who are symptomatic, giving teachers the assurance that they can be tested is important. And remember - a state that's good one day could be bad in a couple of weeks, and we don't want that to happen. So we made that, proportionally, 100 million to all the states.
MOSLEY: OK. So looking at the testing landscape at large, though, when we spoke to you in July, you said the administration wanted to have 100 million tests per month done in this country by September. As October begins, we're still only doing about a quarter of that. Why the gap? And what is the administration doing to ramp that number up?
GIROIR: So thanks for asking that. So our goal was to have 100 million test capability per month.
MOSLEY: Capability.
GIROIR: It didn't mean we're going to do all of that because there's lots of reasons why people choose to get tested, they don't get tested. And it turns out, this month, without pooling, we have about 90 million available. Now, we're probably only going to use about 30 million of those. And I do want to emphasize to people that we do need more testing, particularly where there's community outbreak. And we've tried to surge federal sites, but we need all the states and communities to support that.
If you're having a lot of cases right now, it's likely going to be from the younger people under 35 years old. They're likely to be asymptomatic. And we need to increase the testing. We - unlike several months ago...
MOSLEY: Yeah.
GIROIR: ...When we had to build this entire system, we have the tests available now; we just need to make sure it gets to the right people at the right time.
MOSLEY: Admiral, we've seen several instances of political interference with federal agencies, like the FDA and the CDC. I'd like to ask you about one of those, the recent flip-flop of the CDC's guidance on who should be tested. To remind people, the CDC's original guidelines said if you're exposed to someone with the virus, you should get tested, and then in August, they updated that to say you don't necessarily need to get tested. Then a few weeks later, they reversed that again and said you should get tested if you've been exposed, regardless of whether or not you have symptoms.
As the head of the nation's testing strategy, with the minute I have with you, why has guidance to the public been so muddled?
GIROIR: So there's been a couple of reasons why it's changed. No. 1, it's - the science has changed. But this particular incidence, the CDC never meant to imply that people who were asymptomatic yet highly exposed wouldn't get tested. What they really wanted to do is tell people you should get tested in the context of a public health advice or a physician recommendation. For example, if I got exposed today and I went to my home for 14 days and didn't come out, I really don't need a test. But if I get a test on Day 2 and it's negative, what does that mean?
So it was revised because it was misinterpreted that no one who was asymptomatic should be tested. That's the opposite of what we wanted. So the CDC did revise it in the complete - you know, to make it more emphatic that we do want that to happen. So we're going to try to give you the best advice. If it's misinterpreted, misconstrued or we miscommunicate, we're going to change it because the most important thing is to get it right for the American people.
MOSLEY: Admiral Brett Giroir is assistant secretary for health at the U.S. Department of Health and Human Services and heads up the nation's testing response. Thank you.
(SOUNDBITE OF MUSIC) Transcript provided by NPR, Copyright NPR.


text:
Pharrell Williams Among The First To Neighbouring Rights Signings At Sony/ATV
Sony/ATV has revealed the first signings to its neighbouring rights division, with stars such as Pharrell Williams and Nile Rodgers in the list of names. Robin Thicke, Clean Bandit and the estate of Lou Reed join Williams and Rodgers among the first artist deals in place for the UK-based operation, while the roster also includes Rudimental, Mikky Ekko, Kiesza, Alan Parsons, Grammy-winning record producer Steve Lillywhite and the estate of Deep Purple and Whitesnake keyboardist Jon Lord.
Sony/ATV's neighbouring rights division was launched last year by president, UK and European creative Guy Moot. "We're trying to do this differently," said Moot. "We're viewed as a big company, but this is a very personal service. This is very hands-on and bespoke but with all the benefits of the synergies we have inside the company like broadcasting tracking and creative."
The division is headed by George Powell, who spent more than four years overseeing neighbouring rights at UK-based music licensing and performance rights organisation PPL. He then looked after royalty affairs for acts including Calvin Harris, Deadmau5 and Nero at music management company Three Six Zero before setting up Genika, his own neighbouring rights business, in 2012. He now serves as head of neighbouring rights at Sony/ATV.
Powell says the service Sony/ATV is offering has been deliberately tailored to focus on only top-end clients rather than aiming to add as many artists to the roster as possible. Artists will be helped to maximise their neighbouring rights revenue by Sony/ATV registering them with all the key societies worldwide and ensuring 100% of their recordings are being reported globally and accurately.
"It's a more bespoke, VIP service for high-level clients, which is why we're looking after the likes of Pharrell and Robin Thicke," said Powell. "We're not trying to take on 1,000 clients. We're looking at 50 or 60. It comes down to providing a more personable relationship." The bespoke approach is reflected by the service's tight-knit roster, which ranges from music legends to some of the most successful breakthrough acts of the past 12 months. Moot said: "It's a hell of a line-up. The difference is it's a hand-picked line-up as opposed to, 'Let's just take everybody's neighbouring rights and plug them in the machine."
*musicweek.com


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Guard Bryce Dejean-Jones won't return to UNLV next season
By Raphielle JohnsonMar 17, 2014, 12:38 AM EDT
Late Sunday, after finding out that they would not be participating in a postseason tournament, UNLV began the process of moving forward with an eye towards the 2014-15 season. The first order of business for head coach Dave Rice was to make a personnel decision many expected to occur, announcing that junior guard Bryce Dejean-Jones will not return to the program according to the Las Vegas Sun.
Dejean-Jones led UNLV in scoring with an average of 13.6 points per game, but there were some issues with regards to shot selection. The USC transfer would also be suspended for UNLV's regular season finale at Nevada due to his actions in the immediate aftermath of the Runnin' Rebels' home loss to No. 8 San Diego State. Those issues led to the decision being made that Dejean-Jones has played his last game in a UNLV uniform.
"I met with Bryce and his family earlier today. It was decided that he will not be on our team next year," Rice said. "He is on schedule to graduate this summer so he will remain on scholarship and we will support him academically. During this process he will explore his professional opportunities."
Dejean-Jones wouldn't have to go pro, provided he complete his bachelor's degree as Rice's plan for the guard seems to be. He could also go the graduate transfer route, becoming eligible immediately at a school of his choice.
Dejean-Jones was one of four UNLV players averaging double figures this season, and two of the other three (forwards Khem Birch and Roscoe Smith) have eligibility remaining. UNLV will add a recruiting class that's regarded as one of the best in the country, led by center Goodluck Okonoboh and guards Dwayne Morgan and Rashad Vaughn.
And with the arrival of San Francisco transfer point guard Cody Doolin, UNLV will have the distributor the team lacked in 2013-14. Doolin's presence will help UNLV offensively as they look for primary perimeter scoring options with Dejean-Jones and Kevin Olekaibe having moved on.
Follow @raphiellej


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Home → Blog → How Do Solar Panels Convert Sunlight Into Electrical Energy?
Solar energy has become an increasingly popular source of electricity for homeowners. With zero emissions, impressive durability and most importantly, excellent savings, it's no wonder that solar panels have become an accessible source of power. For those interested in understanding the mechanism behind the generation of solar energy, let's dive into what makes solar panels tick.
The silicon solar cell technology used in the solar panels we use today has existed for almost 70 years. Back in 1954, the silicon solar cell had an efficiency rate of 1%, practically useless compared to the average 26% efficiency we see today. And while efficiency is perhaps the singularly most crucial figure people compare when choosing solar panels, many don't quite understand the science behind how solar panels produce their energy and therefore, their efficiency.
In simple terms, solar panels absorb solar radiation and turn it into usable electricity. Each solar panel consists of between 32-96 solar cells in a series string. Each solar cell generates electricity and contributes to the overall wattage of the solar panel. The solar cell creates an electric current when sunlight hits its surface, which is usually made of a layer of one semiconductor material (usually silicone) and a second, different semiconductor (usually metal), along with a top layer of glass. Electrons are knocked off from the silicone atoms generating a small voltage which then flows into the solar inverter, where it is transformed into useable alternate current electricity.
While the process of generating solar energy is much the same in any solar panel, there are a few things that differentiate a panel's ability to generate electricity. Many advancements in technology have been made in recent years to boost the wattage of solar panels whilst making them compact enough to have a wide application. Along with residential solar panels, solar energy has a variety of applications including powering street lights, supplementing electrical grids, and heating water.
Monocrystalline Vs Polycrystalline solar panels
There are two different types of solar panels, monocrystalline and polycrystalline panels. Both are widely available for residential solar, though they differ from one another in fundamental ways. Generally speaking, monocrystalline solar panels are famous for their higher efficiency rates but tend to be more expensive. Polycrystalline solar panels invented 30 years after monocrystalline solar panels, are generally less efficient, but are less expensive. In order for any homeowner to make a decision on which solar panel to employ, they must first look into how each solar panel differs in terms of electricity generation.
Both monocrystalline and polycrystalline solar panels use silicon as their semiconductor material. This is because silicon is extremely durable, non-toxic, and is one of the most abundant natural materials on earth besides oxygen. Since the availability of silicon isn't an issue, solar panels are affordable for homeowners looking to invest in renewable energy.
Monocrystalline solar panels can be easily identified by their dark appearance. Monocrystalline solar panels are created using a silicon ingot. A silicon ingot is a single, homogenous cylinder of pure single crystal silicon. This cylinder is then sliced into many wafers which create the basis of a solar cell. Each wafer is physically "roughened" to allow for more refraction of light and therefore increased efficiency. The process of producing a single crystal silicon ingot is extremely delicate and lengthy, which contributes to the higher price point.
Polycrystalline solar panels are instantly recognizable by their dark blue hue. They are also manufactured using pure silicon, but the process of creating a polycrystalline solar cell is much more straightforward than a monocrystalline cell. Instead of creating a cylindrical ingot, the pure silicon is left to cool and crystalize. Later, it is heated and poured into cubic growth crucibles. Once solidified, these cubes are cut into wafers, polished and roughened the same as with monocrystalline solar panels. Since each polycrystalline solar cell is made up of multiple crystals, there is less space for electrons to move and generate electricity, contributing to a lower efficiency rate and resulting in lower cost. However, these panels still generate enough electricity to suit the needs of homeowners.
In recent years, the scientific community has made significant advancements that increase the efficiency of solar panels-perovskite solar crystals could replace silicon as a cost-effective and highly efficient semiconductor material in the commercial production of solar panels. Unfortunately, the technology is not currently available for commercial production and is not cost-effective, but homeowners may one day have an even more efficient solar panel to look forward to.
Can solar panels generate electricity continuously?
Now that you've understood how solar panels generate electricity, you've probably realized that the key to the whole process is a reliable source of sunlight. You may wonder if solar panels generate electricity during the night. In reality, the only chance a solar panel could generate any amount of energy at night is if they come into full contact with the sunlight reflected by the moon on a cloudless night. The amount of power generated would be extremely low, not enough to power a residential building. Because of this, solar panels are a fundamentally intermittent source of power. However, that doesn't mean homeowners can't use solar energy at night. Thanks to the invention of solar batteries, solar energy can be stored in its direct current form and then be converted into alternate current later as the battery is discharged.
Posted in: Sustainable Living


Vicksburg, MS, population 24,896, is located in Mississippi's Warren county, about 40.7 miles from Jackson and 132.6 miles from Baton Rouge.
Through the 90's Vicksburg's population has grown by about 26%. It is estimated that in the first 5 years of the past decade the population of Vicksburg has declined by about 2%. Since 2005 Vicksburg's population has declined by about 2%.
Vicksburg's property crime levels tend to be much higher than Mississippi's average level. The same data shows violent crime levels in Vicksburg tend to be much higher than Mississippi's average level.


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Ocasio-Cortez keeps eye on the prize
October 5, 2019 by 1EarthUnited
Rep. Alexandria Ocasio-Cortez (D-NY) told town hall attendees on Thursday that she finds the Democrat-led impeachment effort "boring."
Ocasio-Cortez held a town hall at the Queens Public Library on Thursday and told her constituents that she finds the impeachment inquiry process "boring."
"I think the whole thing is boring," she said, according to the Washington Examiner. "He should have been impeached a long time ago. I'm over it. And so that's how I feel about it because we've got work to do."
The socialist lawmaker – who pushed for Trump's impeachment prior to taking office – told attendees that impeaching the president is the "short-term action" needed to "preserve our democracy."
"Impeachment of this president is the short-term action we need to preserve our democracy," she said.
"But if we are really going to thrive as a country, we need to make long-term investments and keep our eyes on the prize of social and economic and racial justice in the United States of America," she added. "And that's what this is all about."
Ocasio-Cortez dismissed critics of House Intelligence Committee chairman Adam Schiff (D-CA), who knew of the "whistleblower" complaint days before it was formally filed.
"All of this is in complete compliance with whistleblower laws, and there's nothing out of the norm from that," she said.
"This whistleblower followed all of the laws and protocols that we have established for whistleblowing and followed all the proper channels," she continued. "The threat was vetted. It was passed on by the inspector general."
However, the so-called "whistleblower" – revealed to be a registered Democrat – "failed to follow the law for protecting members of the intelligence community (IC) seeking to report government malfeasance by going to the Democrat head of the House Intelligence Community before the IC inspector general (IG)," as Breitbart News reported:
However, the Intelligence Community Whistleblower Protection Act (ICWPA) of 1998 explicitly requires an official concerned about wrongdoing within the government to go to the IC inspector general before the congressional panels in charge of oversight of the intelligence community.
The CIA whistleblower in question went to House Intelligence Committee Chairman Schiff's office days before the intelligence community's inspector general, the internal investigator, and watchdog.
Investigators from the office of the IC IG are expected to operate independently of political leadership in government.
Whistleblower is a CIA spook.
The White House is expected to send a letter to House Speaker Nancy Pelosi (D-CA), detailing its intention to ignore requests related to the impeachment inquiry until the lower chamber holds a full vote on the matter.
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