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Dura Automotive Systems of Indiana, Inc., Formerly Known As Excel Corporation, Plaintiff-appellant, v. Cts Corporation, Defendant-appellee, 285 F.3d 609 (7th Cir. 2002)Annotate this Case
Argued October 26, 2001
Decided April 4, 2002
Rehearing and Rehearing En Banc Denied May 29, 2002. *
W.C. Blanton (argued), Blackwell Sanders Peper Martin, Kansas City, MO, for plaintiff-appellant.
Paul W. Schroeder (argued), Jones, Day, Reavis & Pogue, Chicago, IL, Elizabeth B. Ahlemann, Elkhart, IN, for defendant-appellee.
Before POSNER, MANION, and DIANE P. WOOD, Circuit Judges.
POSNER, Circuit Judge.
In 1981 the Main Street Well Field, part of the water supply of the city of Elkhart, Indiana, was discovered to be contaminated by TCE and other volatile organic compounds that are used as industrial or household solvents. Twelve years later the EPA, having cleaned up the contamination, sued several entities under the Superfund statute (Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.), including Dura Automotive Systems (actually its predecessor, Excel, but that's a detail we can ignore), to recover the costs of the clean-up. Dura impleaded CTS Corporation, claiming that it was responsible for some of the pollution and should therefore be required to reimburse a share of Dura's clean-up expense. The EPA's claims were settled or otherwise resolved, leaving only Dura's third-party claim against CTS. At the behest of CTS and on the authority of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592-93, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993), the district judge disqualified Dura's sole expert witness; and then, holding that the remaining evidence was insufficient to create a genuine issue of material fact, he granted summary judgment for CTS.
The groundwater stream beneath CTS's plant, a plant that manufactures plastic by a process that employs volatile organic compounds, is 3,000 feet west of the Main Street Well Field and runs generally south rather than east. In contrast, Dura's plant, which also uses these chemicals, is across the street from the well field and it was Dura rather than CTS that was a defendant in the EPA's suit. But conceivably some of the groundwater beneath CTS's plastics plant had seeped into the well field back in the late 1970s or early 1980s, contributing to the pollution discovered in 1981. This could only be so, however, if CTS's plant was within the well field's "capture zone" (in other words, its catchment basin), the area within which groundwater, if present, could be expected to flow to the well field. The size of the capture zone would depend on such things as the porosity of the soil and — a factor particularly emphasized by the parties — the rate at which the well field pumps water. The more it pumps, the larger the capture zone, because the removal of groundwater beneath the field causes groundwater to be drawn in by gravity from other areas.
To use porosity, pumping, and other data that bear on the size of the capture zone to map the zone, hydrogeologists build mathematical models consisting of systems of equations that show changes in the boundaries of the zone as functions of changes in the causal variables, such as porosity. These models are used to predict the future size of capture zones but they can also be used to estimate the size of a capture zone in the past if the requisite historical data on the causal variables are available, here, for example, data on pumping rates in the late 1970s. The parties agree that without such a model Dura could not prove its case against CTS. A consulting firm retained by the EPA in the original suit had placed CTS's plant outside the well field's capture zone, and if this placement stood, CTS could not have been a source of the pollution of the Main Street Well Field and so Dura would have no right of reimbursement by CTS.
Dura designated as its one and only expert witness Nicholas Valkenburg, a hydrogeologist who works for a consulting firm called Geraghty & Miller. At his deposition, however, Valkenburg admitted that he was not an expert in mathematical models of groundwater flow and that the modeling on which he relied for his conclusion that CTS's plastics plant was indeed within the well field's capture zone had been done by other employees of Geraghty & Miller, using two models, QuickFlow and SLAEM.
When CTS moved that Valkenburg be barred from testifying and that Dura's third-party claim be dismissed, Dura responded with affidavits from four employees or ex-employees of Geraghty & Miller who had worked on the Dura project. These professional groundwater-flow modelers attested that the models they had used, QuickFlow and SLAEM, were reliable and were appropriate for determining the well field's capture zone in the late 1970s. CTS moved to strike the affidavits under Fed. R. Civ. P. 37(c) (1) on the ground that Dura's disclosure of additional expert witnesses, required by Rule 26(a) (2), was untimely, since the deadline for filing expert reports had expired six months previously. The district judge granted the motion to strike, and holding that without the affidavits there was insufficient evidence of the reliability of the models, ruled that Valkenburg could not testify — and without Valkenburg's testimony, Dura had no case. So the judge granted summary judgment for CTS.
If the affidavits were properly struck, Valkenburg's testimony indeed lacked an adequate foundation. For while there is a smattering of other evidence about the models (for example, that they are widely used), it does not establish their appropriateness for mapping the well field's capture zone 20 odd years ago. Dura argues, however, that even if properly struck as untimely expert witness reports, so that Dura would not be able to call the authors as expert witnesses at trial, the affidavits remained usable as evidence that the QuickFlow and SLAEM models were indeed suitable for the purpose to which Valkenburg sought to put them. This is true to the extent that the affidavits merely attest to facts or opinions on which Valkenburg would be permitted to rely, such facts as that SLAEM had been peer reviewed. But to the extent that the affidavits contain evidence that would have to be presented at trial by an expert witness or witnesses other than Valkenburg in order for Dura to withstand a motion for judgment as a matter of law, Dura's failure to have made timely disclosure of their expert opinions invited application of Rule 37(c) (1) to bar the authors of the affidavits, or any other expert for that matter, from testifying along with Valkenburg. NutraSweet Co. v. X-L Engineering Co., 227 F.3d 776, 785-86 (7th Cir. 2000); Salgado by Salgado v. General Motors Corp., 150 F.3d 735, 741 n. 6 (7th Cir. 1998); Lohnes v. Level 3 Communications, Inc., 272 F.3d 49, 60-61 (1st Cir. 2001).
We must decide whether the district judge was reasonable in regarding the affidavits as experts' reports that Dura had failed to disclose to CTS in a timely fashion rather than merely as attestations that show that Valkenburg was competent to report the results of the modeling exercises undertaken by other employees of the consulting firm. As the form in which we have stated the question makes clear, we must give the benefit of the doubt to the district judge. General Electric Corp. v. Joiner, 522 U.S. 136, 141-43, 118 S. Ct. 512, 139 L. Ed. 2d 508 (1997); NutraSweet Co. v. X-L Engineering Co., supra, 227 F.3d at 786; Yeti by Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir. 2001).
An expert witness is permitted to use assistants in formulating his expert opinion, and normally they need not themselves testify. United States v. Bramlet, 820 F.2d 851, 855-56 (7th Cir. 1987); United States v. Lawson, 653 F.2d 299, 301-02 (7th Cir. 1981). The opposing party can depose them in order to make sure they performed their tasks competently; and the expert witness can be asked at his deposition whether he supervised them carefully and whether his relying on their assistance was standard practice in his field. If the requisite assurances are forthcoming, the assistants' work need not be introduced into evidence. Rule 703 of the Federal Rules of Evidence is explicit that "the facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted."
Analysis becomes more complicated if the assistants aren't merely gofers or data gatherers but exercise professional judgment that is beyond the expert's ken. (They needn't, of course, be assistants. We use the term because that seems the best description of the relation of the four affiants to Valkenburg, but it would make no difference if they were independent experts.) Now it is common in technical fields for an expert to base an opinion in part on what a different expert believes on the basis of expert knowledge not possessed by the first expert; and it is apparent from the wording of Rule 703 that there is no general requirement that the other expert testify as well. The Committee Notes to the 1972 Proposed Rule 703 give the example of a physician who, though not an expert in radiology, relies for a diagnosis on an x-ray. We too do not "believe that the leader of a clinical medical team must be qualified as an expert in every individual discipline encompassed by the team in order to testify as to the team's conclusions." Walker v. Soo Line R.R., 208 F.3d 581, 589 (7th Cir. 2000); see also United States v. Smith, 869 F.2d 348, 355 (7th Cir. 1989); Ferrara & DiMercurio v. St. Paul Mercury Ins. Co., 240 F.3d 1, 8-9 (1st Cir. 2001). But suppose the soundness of the underlying expert judgment is in issue. Suppose a thoracic surgeon gave expert evidence in a medical malpractice case that the plaintiff's decedent had died because the defendant, a radiologist, had negligently failed to diagnose the decedent's lung cancer until it was too advanced for surgery. The surgeon would be competent to testify that the cancer was too advanced for surgery, but in offering the additional and critical judgment that the radiologist should have discovered the cancer sooner he would be, at best, just parroting the opinion of an expert in radiology competent to testify that the defendant had x-rayed the decedent carelessly. The case would be governed by our decision in In re James Wilson Associates, 965 F.2d 160, 172-73 (7th Cir. 1992), where the issue was the state of repair of a building and "the expert who had evaluated that state — the consulting engineer — was the one who should have testified. The architect [the expert who did testify] could use what the engineer told him to offer an opinion within the architect's domain of expertise, but he could not testify for the purpose of vouching for the truth of what the engineer had told him — of becoming in short the engineer's spokesman." See also TK-7 Corp. v. Estate of Barbouti, 993 F.2d 722, 732 (10th Cir. 1993). It is the same here. Valkenburg could have testified that the well field was contaminated by volatile organic compounds and that if CTS's plastics plant was within the well field's capture zone some of the contamination may have come from that plant. It does not follow that he could testify that the plant was within the well field's capture zone.
The Daubert test must be applied with due regard for the specialization of modern science. A scientist, however well credentialed he may be, is not permitted to be the mouthpiece of a scientist in a different specialty. That would not be responsible science. A theoretical economist, however able, would not be allowed to testify to the findings of an econometric study conducted by another economist if he lacked expertise in econometrics and the study raised questions that only an econometrician could answer. If it were apparent that the study was not cut and dried, the author would have to testify; he could not hide behind the theoretician.
We must decide whether the district judge was reasonable in concluding that this was such a case. The answer lies in the four affidavits of the Geraghty & Miller employees who did the modeling that mapped the capture zone. The affidavits are much alike, and we can confine attention to those of James Rumbaugh, who developed the QuickFlow model, and of Eric Evans, a current employee of Geraghty & Miller. Rumbaugh's affidavit confirms that QuickFlow is a system of equations for mapping a capture zone from data causally related to the size of the zone. It acknowledges that modeling groundwater flow (the capture zone being, remember, the area from which the groundwater that polluted a given site could have flowed) "is inherently not the most precise of scientific tools" because "one never possesses complete geotechnical information." (So this is not like taking an x-ray.) As a result, "the process of constructing a valid and useful groundwater model is an iterative process that requires the exercise of sound technical judgment in evaluating all available geotechnical data to determine what input values should be used with respect to each parameter utilized in the model." (In other words, professional discretion — expertise — is involved.) Rumbaugh goes on to say that in his experience "most hydrogeologists are not experts in modeling" — and we know that Valkenburg is not; and groundwater modeling is not the sort of thing that a lab technician or other subprofessional does. Rumbaugh therefore "generally work [s] with other hydrogeologists [such as Valkenburg] to provide modeling results upon which they can rely." Rumbaugh states that he is familiar with SLAEM and while it is not as sophisticated as some groundwater models, it is "entirely adequate and appropriate" for answering the sort of question posed by the present case. That of course is an expert opinion. It is also his expert judgment (not Valkenburg's) that "it was reasonable and appropriate to use QuickFlow" in the case. He calibrated the QuickFlow model, that is, compared the results it generated with observable results for the current period (obviously, the accuracy of its map of the capture zone in the late 1970s cannot be observed). He attests that the kind of calibration he did, though visual rather than quantitative, is "an accepted practice in the modeling community."
Evans's affidavit adds that it is his "opinion today that the hydrogeologic data set available to Geraghty & Miller was adequate for the development of a groundwater system model that would provide reliable information regarding the area encompassed by the Well Field capture zone under certain conditions" and specifically that SLAEM "is a valid tool for determining the extent of the Well Field `capture zone' at various times in the past," reflecting "reasonable technical judgments" by himself, the other affiants, and Valkenburg. He explains why SLAEM didn't have to be recalibrated and attests that "the use of groundwater models to simulate historic conditions (`backward-modeling') is a valid and a commonly applied approach" and that "an inherent assumption" of SLAEM, namely "that groundwater flow is two-dimensional," is "valid within the area surrounding the [Main Street] Well Field." Obviously, these are expert opinions, not recitations of cut-and-dried procedures.
It is apparent from these affidavits that Valkenburg's assistants did not merely collect data for him to massage or apply concededly appropriate techniques in a concededly appropriate manner, or otherwise perform routine procedures, and that he himself lacks the necessary expertise to determine whether the techniques were appropriately chosen and applied. Remember that there were two crucial issues — the map of the capture zone and whether, if CTS's plant was within it, how much if any of the contamination of the well field was due to the groundwater running beneath that plant. Valkenburg was not competent to opine on the first issue, and without an expert opinion on that issue Dura could not get to the second and so could not prevail.
We are not hydrogeologists, but we can imagine that the assertion that visual calibration is an adequate substitute for exact measurement, or that groundwater flow is "two dimensional" rather than three dimensional, would be controversial in the relevant community of experts. More important than these conjectures is Rumbaugh's reference to the construction of a groundwater-flow model as an "iterative process," a fancy way of describing tinkering with the original model until it yields satisfactory results. There is nothing wrong with such tinkering. But we must be realistic about expert evidence: Geraghty & Miller was hired to provide evidence favorable to Dura; so any margin of discretion in the construction of the groundwater-flow model could be expected to be exploited to Dura's benefit. That discretion was exercised not by Valkenburg but by Rumbaugh and the other affiants, for it was they who constructed the model, and the "iterative process" by which they did so is beyond the scope of Valkenburg's expertise. The quotations that we gave from their affidavits show the breadth of the expert discretion that they exercised. Without their testimony explaining and justifying the discretionary choices that they made, his testimony would have rested on air.
Had Dura merely wanted to use SLAEM and QuickFlow to determine the current capture zone of the Elkhart well field, we might well have a different case; such use might be quite routine. Dura wanted to use these models to determine the capture zone twenty years ago. The affidavits make clear that adapting the models to that use required a host of discretionary expert judgments for the affiants, not Valkenburg, to make.
Dura argues that it could not have foreseen that the judge would find Valkenburg unqualified to give expert testimony in this case and therefore it should have been forgiven the untimely filing of additional experts' reports. Rule 37(c) (1) states that expert testimony may not be presented at trial if the expert's report was not disclosed to the other side within the deadline unless the party was justified in missing the deadline or the untimeliness of the disclosure was harmless. As some cases fail to note, however, see Miksis v. Howard, 106 F.3d 754, 760 (7th Cir. 1997); Mid-America Tablewares, Inc. v. Mogi Trading Co., 100 F.3d 1353, 1363 (7th Cir. 1996); Wilson v. Bradlees of New England, Inc., 250 F.3d 10, 20-21 (1st Cir. 2001), the rule goes on to authorize the judge, "in lieu of this sanction ... [to] impose other appropriate sanctions," and this authorization implies, as United States v. Johnson, 228 F.3d 920, 926 (8th Cir. 2000), rightly holds, that a judge's failure to impose a lighter sanction might be an abuse of discretion even if the party could not show that missing the deadline was justified or harmless. Cf. Sherrod v. Lingle, 223 F.3d 605, 612-13 (7th Cir. 2000). But this is not such a case. Not only was there no justification for not disclosing to CTS the opinions of the other experts — for Dura should have known that Valkenburg's expertise did not extend to scientific issues at once crucial to the prima facie case and likely to be contested. In addition, the suit was in its seventh year when the judge acted; to have reopened discovery to give CTS its crack at the additional experts would have extended the litigation, and burdened CTS, unreasonably. Dura is a substantial firm rather than a hapless individual. Its reticence about disclosing the other experts may have been strategic. At all events, in the circumstances the district judge could refuse to exercise lenity without being thought to have acted unreasonably.
DIANE P. WOOD, Circuit Judge, dissenting.
This case is about whether CTS must help Excel pay for some of the costs of cleaning up the Main Street Well Field. (I prefer to use the name "Excel" for the plaintiff, following the practice of the district court and both parties; this is the same company that the majority calls "Dura.") As the majority opinion explains, that ultimate question turns largely on a highly technical determination about the size of the Field's capture zone in the late 1970's and early 1980's. Hydrogeologists working for the Environmental Protection Agency (EPA) decided, based on their computer models and analysis, that CTS's main factory and plastics plant (the most polluted properties in the entire area) lay outside the crucial capture zone, and thus that CTS need not contribute to the cleanup costs. Excel's expert, Nicholas Valkenburg, challenges that interpretation of the data. His own research places much of the CTS property within the capture zone and identifies CTS as a major source of the Field's pollution.
A number of factors account for the difference between the EPA's and Valkenburg's conclusions about the shape and size of the capture zone. First, based on records from the Elkhart water works office, Valkenburg instructed his computer modelers, who inputted the data used to draw the capture zone and then calibrated the models, to increase the assumed Field pumping rate to 6 million gallons per day (MGD) from the 5 MGD figure that the EPA used. Second, Valkenburg consulted pond level readings made by the U.S. Geological Survey and his own employees over a two-decade span and lowered the pond recharge rate from 5 MGD to 4 MGD. Third, Valkenburg adjusted the hydraulic convectivity rates used in the model. The USGS had determined that in different parts of the Field the convectivity rate ranged from 80 to 400 feet per day, but for estimation purposes the EPA used a rate of 200 feet per day for the entire model. Valkenburg asked his modelers to divide the region into zones based on available data to construct a more sophisticated model.
It is clear from reading CTS's brief that its principal objection to Valkenburg's research was to these adjustments — or, as CTS says more pejoratively, to his manipulation of these variables based on what CTS considers to be inadequate scientific foundation. Much of CTS's four-day deposition of Valkenburg was devoted to the technical basis for his adjustments and estimates. Had a trier of fact in this case listened to both Valkenburg and the CTS experts and then determined that the data utilized by CTS more accurately represented the characteristics of the Field circa 1980, I would probably have little quarrel with such a finding. But we are not faced with such a challenge today. Indeed, we are not even evaluating Valkenburg's decision to adjust the three variables I have mentioned. Instead, the district court's ruling and the majority's opinion focus on a fourth difference between the EPA and Valkenburg studies: the computer program used by the computer modelers to represent the capture zone. The EPA used two computer programs called GWPATH and FEMSEEP, which apparently were not available to the general public. CTS argues that is best to rely on a "three-dimensional" modeling program called MODFLOW, while Excel used the "two-dimensional" programs QuickFlow and SLAEM. Both the district court and the majority believe that Excel's evidence is fatally flawed because Valkenburg, who while an expert in hydrogeology knows little about the technical aspects of hydrogeological computer modeling, played almost no role in selecting QuickFlow and SLAEM instead of MODFLOW or some other program. Instead, he left that task to four computer modelers employed by Geraghty & Miller. This specific decision is what then prompted the inquiry in this case and the district court's ruling that Excel had failed to comply with the dictates of Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993).
Since Daubert was decided, the Supreme Court has addressed its scope on a number of occasions. It confirmed in General Electric Co. v. Joiner, 522 U.S. 136, 141, 118 S. Ct. 512, 139 L. Ed. 2d 508 (1997), that the abuse of discretion standard applies to appellate review of decisions applying the Daubert framework. In Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147, 119 S. Ct. 1167, 143 L. Ed. 2d 238 (1999), it held that the Daubert approach applies to all expert testimony, not simply to scientific evidence. And recently, in Weisgram v. Marley Co., 528 U.S. 440, 457, 120 S. Ct. 1011, 145 L. Ed. 2d 958 (2000), the Court held that a court of appeals has the authority to direct entry of judgment as a matter of law if it concludes that Daubert requires the exclusion of proffered expert evidence and the remaining evidence is insufficient to support a verdict. Moreover, Daubert's approach has been codified in the Federal Rules of Evidence, in the form of the revised version of Rule 702 that took effect on December 1, 2000. The net result of all of this is a now well-recognized approach. First, we ensure that the district court took all of the steps that a correct application of the Daubert framework (or, where it applies, amended Rule 702) requires. That is a legal inquiry, for which de novo review is proper. See, e.g., United States v. Hall, 93 F.3d 1337, 1341-42 (7th Cir. 1996). Beyond that, Joiner makes clear that our review of particular applications of Daubert is under the deferential abuse of discretion standard.Dhillon v. Crown Controls Corp., 269 F.3d 865, 869 (7th Cir. 2001).
It is useful at this point to review what ought to happen under the Daubert framework, because in my opinion the flaw in both the trial judge and the majority's analysis comes from a failure to follow this framework. A trial judge faced with proffered expert testimony must initially determine whether the proposed expert would be testifying about scientific (or other expert) knowledge that would assist the trier of fact. Here, the proffered testimony is easily characterized as scientific, so I will limit my discussion to that area. Determining whether evidence is scientific "entails a preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." 509 U.S. at 592-93, 113 S. Ct. 2786. To make this assessment, the court must investigate questions such as whether the expert's methodology can be and has been tested, whether it has been subject to peer review or publication, what is its known or potential rate of error, and how generally accepted it is in the relevant scientific community. Id. at 593-94, 113 S. Ct. 2786.
The majority has jettisoned this established framework in its acceptance of CTS's criticisms of the computer programs Valkenburg used. Under the framework, CTS should have challenged these programs through the use of its own experts. Presumably the CTS experts would have argued that QuickFlow and SLAEM are unreliable for backwards modeling (that is, predicting past conditions instead of projecting future conditions) or that a hydrogeologist would not reasonably rely on the results yielded from such a model. In response, Excel, as the party supporting Valkenburg's methodology, would have been able to introduce additional expert testimony or written materials, since hearsay is admissible at a Daubert hearing and the rules of evidence do not apply. Daubert, 509 U.S. at 593 n. 10, 113 S. Ct. 2786.
No such Daubert hearing occurred in this case. CTS has offered no testimony from any experts even to hint that QuickFlow and SLAEM are scientifically questionable. In contrast, as I discuss below, Excel offered considerable support for the proposition that they are widely accepted in the relevant expert community for substantive (that is, non-litigation) work. Moreover, the district court never convened a hearing on the issue; instead, it simply struck the supporting affidavits proffered by the computer modelers themselves. At this point, the majority criticizes Excel for not naming the modelers earlier, but it is not at all obvious that this should have been done. No one else had delved that deeply into the background programs and materials from which the hydrogeologists were forming their opinions; to the contrary, both the EPA and the other principal defendant also disclosed only a single expert hydrogeologist as a witness. While it is possible that these individuals are expert computer modelers, that seems unlikely.
I am deeply concerned that the majority's approach will have the effect of transforming — in a manner uncontemplated by and unauthorized by Rule 702 — the way in which litigants approach the use of expert witnesses in all kinds of cases. All experts, and all people for that matter, rely on the expertise of others. Cautious parties will feel compelled to engage in something like an infinite regression of the naming of experts. Expert 1 may have relied on something prepared using the expertise of Expert 2, who in turn relied on the expertise of Expert 3, and on out until we reach Expert N. There is no reason to assume that Experts 2, 3, and others are "hiding behind" Expert 1, if the information they produce is commonly relied upon by people in the field of Expert 1. Indeed, Rule 702 permits exactly this kind of reliance, as I explain later. Thus, it makes no difference to my analysis whether we consider the computer modelers to be "mere" technicians or experts in their own right. The critical question is instead whether CTS ever introduced any evidence tending to show that a hydrogeologist would not commonly rely on their choice of a computer model.
Recall that here Valkenburg ordered his modelers to increase the pumping rate used in the models based on a review of the Elkhart city water records. CTS also argued below that this evidence was suspect because Valkenburg himself did not inspect the water records, leaving that chore to his assistants, and because Valkenburg testified that he did not know how Elkhart's water records were kept. While the majority might decide that these tasks lack discretion and do not require testimony at trial, another district court might take a different view of the matter. The radiologist, the computer modeler, the data collector, the Water Department recordkeeper, even the lab technician who selects a test tube that is not of the highest quality on the market all exercise some measure of discretion that could conceivably influence an expert's end product. And since the expert can never supplement an expert report in any way under the majority's approach, the only responsible course would be to disclose all of these individuals as potential expert witnesses and have each submit a comprehensive Rule 26(b) (2) (B) expert report, fueling ever more time-consuming and expensive litigation.
Nothing in Daubert, any of the later Supreme Court decisions, or an ended Rule 702 requires any such thing; the Daubert approach is designed only to ensure that an expert's methodology is reliable and accepted rather than quack science. But that one central question was never explored here, because as I have already mentioned the district court never conducted a Daubert hearing or heard a single CTS expert opine that Valkenburg had made unreliable assumptions or had utilized an unaccepted computer program in reaching his conclusions about the Field capture zone and the migration of chemicals from the CTS plastics plant. This was a failure of procedure, not a discretionary decision about the way to apply the Daubert factors in a particular situation. I thus regard it as the kind of thing this court should review de novo. Cummins v. Lyle Indus., 93 F.3d 362, 367 (7th Cir. 1996). Because the district court and the majority's approach drastically modifies the Daubert analytical framework, I cannot accept its conclusions.
Turning briefly to the details of the Daubert analysis, let me suppose for a moment that we should disregard the affidavits of the four computer modelers who were prepared to testify about the general acceptance of the programs on which Valkenburg relied. Even without those affidavits, the only evidence in the record is that SLAEM is a generally accepted computer program in the modeling community. The program has been used by the lead environmental agencies of the United States, the Netherlands, and Minnesota. It has been published and has sold well in commercial markets. Valkenburg unequivocally testified that SLAEM is widely used by hydrogeologists outside the litigation context, a major indicator of reliability. Daubert, 509 U.S. at 593, 113 S. Ct. 2786. (Most lawyers widely use computer research programs like LEXIS and West-Law, and they would be competent to testify about their general acceptance, even if they do not know how the programs were written.) Valkenburg also noted that his model can be validated and calibrated by visually comparing its projections to actual current water levels, which could help determine an error rate. Id. at 594, 113 S. Ct. 2786.
While CTS baldly asserts that Valkenburg's methodology is unreliable and the majority "imagines" that hydrogeologists might find something controversial or suspect about visual calibration or two-dimensional modeling, CTS has presented no hydrogeologist or other scientist to attest to this fact. Indeed, the only information we have suggests exactly the opposite: Excel contends that CTS's own environmental consulting experts used visual calibration in constructing their models. Even under abuse of discretion review, when CTS has offered nothing to challenge any of the support offered by Excel, I see no possible way to hold that either SLAEM or QuickFlow are inherently unreliable or that an expert hydrogeologist would for some other reason not rely on them.
As a theoretical matter, I have no problem with the majority's proposition that a thoracic surgeon in a medical malpractice suit cannot testify that a radiologist was negligent for failing to diagnose lung cancer at an earlier time, or that a theoretical economist may not serve as a "mouthpiece" for an econometrician. But the real question is whether those analogies fit the situation of a hydrogeologist's reliance on a computer modeler's choice of a program. I think not. The dispute here is far more like the x-ray example from the Advisory Committee Notes to the 1972 Proposed Rules, which permits a physician to rely upon x-rays in formulating her diagnosis,1 or, even more appropriately, like a case in which the opposing party objected to a physician's testimony on the ground that the radiologist who took the x-rays relied on an x-ray machine that was old, antiquated, or in some other way inadequate under modern day standards. The only objection ever voiced even by CTS's counsel (whose expertise in these matters is certainly unproven) is that QuickFlow and SLAEM are inferior two-dimensional programs that require visual calibration and therefore give inaccurate and scientifically unsound results. Daubert and the Federal Rules of Evidence anticipate only a basic inquiry into whether an expert physician would reasonably rely on a radiologist to do her job and use adequate and up-to-date technology and whether an expert hydrogeologist such as Valkenburg would reasonably rely on his computer modelers to select an adequate and up-to-date computer model to crunch the data necessary for him to interpret his results. The record shows that he would.
This does not mean that if a physician really did rely on a radiologist who used an inferior x-ray machine the results could go unchallenged; it means only that such potential flaws go to the weight, not to the admissibility, of the evidence. The party's opponent would have an opportunity to introduce an expert radiologist in rebuttal under Rule 26(a) (2) (C) who could assert that, although a physician would normally have every right to rely on a radiologist's work, in this specific case that reliance was unjustified. But CTS has introduced no such expert here. The only evidence in the record is that an expert hydrogeologist would reasonably rely on computer modelers to select appropriate computer models and plug in the data the hydrogeologist provides to produce accurate capture zones.
In the end, even CTS's argument makes it clear that the dispute here is about Valkenburg's decisions as a hydrogeologist, not about the computer program he was using. As CTS repeatedly noted in its motion before the district court, Valkenburg acknowledged in his deposition that when he had earlier instructed his computer modelers to run QuickFlow and SLAEM using the same variables that CTS and the EPA had used, the CTS plants were not located within the capture zone. This indicates that the computer program used has little or nothing to do with the real dispute in this case: the correctness of Valkenburg's expert opinion that the pumping, pond recharge, and hydraulic convectivity rates were different than the EPA had thought. That dispute is all about the variables and data that Valkenburg, not the computer modelers, decided to use for the program. Assuming that Valkenburg used reliable and generally accepted methods in determining those variables (another issue never reached by the district court) these questions should be resolved as a factual matter at trial. The fact that the selection of a computer program, whether a "two-dimensional" or "three-dimensional" model, seems largely irrelevant to the final analysis also likely explains why Excel considered it unnecessary to disclose any of its computer modelers as expert witnesses under Rule 26(a) (2) (A), as opposed to the majority's speculation about strategic motivations. CTS was well aware of the existence of each of Excel's four modelers since their work and computer models were turned over in response to discovery requests in August 1996. One of the modelers, Eric Evans, has even been deposed by CTS. It is quite hard to see what Excel could possibly have gained strategically through an attempt to hide them.
Finally, let us suppose that there is now some controversy regarding the use of QuickFlow and SLAEM for modeling in this case. Everyone agrees that Valkenburg cannot testify about the differences between these programs and others that might have been used because he is not an expert modeler, and so additional testimony is required to rebut this challenge. The district court found that because Excel had failed to disclose the four computer modelers earlier (as experts; at least two of the modelers were disclosed as fact witnesses), it was compelled to strike their testimony by Fed. R. Civ. P. 37(c) (1). Rule 37 is designed to prevent a party from springing new expert testimony on an opponent at the last minute. The remedy of striking testimony is admittedly a drastic one, and some circuits have found discretion to relax it, Newman v. GHS Osteopathic, Inc., 60 F.3d 153, 156 (3d Cir. 1995); Orjias v. Stevenson, 31 F.3d 995, 1005 (10th Cir. 1994). We, however, have held that exclusion is automatic unless the sanctioned party proves that its violation was either justified or harmless. NutraSweet Co. v. X-L Eng'g Co., 227 F.3d 776, 786 (7th Cir. 2000).
I believe the failure to disclose was both justified and harmless. First, since the changes in variables, rather than the specific modeling program used, appear to account for most if not all of the change in the size of the capture zone, Excel was justified in producing an expert who could respond to these criticisms without worrying about the more technical aspects of its experts' work. Furthermore, the only harm cited by the majority opinion is the seven years that have elapsed since this case began. But that is a misleading time frame. The case was stayed for nearly three years while the United States and most of the other parties negotiated a settlement. Then the district court took over thirteen months to rule on the motion to strike. The case has been pending before this court for over a year. Thus, the case was in active discovery for just a little under two years, hardly a great span of time in a complicated environmental cleanup suit. The only other harm noted by the district court was that CTS might have to hire additional computer modelers to testify. Presumably, though, CTS must already have some modelers on hand who dispute the validity of QuickFlow and SLAEM, or else its attorneys could not credibly raise a challenge to Valkenburg's reliance on the programs. I therefore cannot conclude that CTS has been harmed. In summary, even if I am wrong about the need for the testimony of the computer modelers, I would find that their affidavits fit within the exception noted by NutraSweet, because Excel's failure to present them earlier was both justified and harmless to CTS.
No one should be under any illusions about the importance of the difference of opinion between the majority and myself. The majority thinks that every party who wishes to proffer expert testimony has an obligation under the discovery rules to name as an expert everyone whose expertise in any way affects the opinion of another expert: my example of Experts 1 through N above. In my opinion, Rule 702 expressly permits one expert to rely on the informed opinion of other experts. An opposing party who wishes to argue that the underlying expert's opinion is contestable, in the sense that both Daubert and amended Rule 702 use this idea, is entitled to produce evidence to that effect. That should occur during the Daubert/Rule 702 hearing. At that point, if the court agrees that it is confronted with a situation more like the theoretical economist and the econometrician than like the doctor and the x-ray technician, the court should afford the party proffering the evidence the opportunity to name Expert 2. That system respects the fact that in our complex society, all experts rely in countless ways on the conclusions of other experts, and it structures the process for deciding which of those many experts must testify at a trial. The majority's rule does not; it proceeds from the unwarranted assumptions that experts are "hiding behind" the work of other experts, that there is no obligation on the resisting party to introduce so much as a scrap of evidence to challenge the secondary expert's work, and that parties must name everyone from the hydrogeologist to the weatherman from Day 1. Although many might have thought that litigation in areas like environmental disputes, antitrust, and intellectual property could not become more unwieldy and expensive than it already is, the majority has shown them to be wrong. Its rule will hamper governmental plaintiffs (like the EPA in this very case, which named only a hydrogeologist) just as much as private plaintiffs, and defendants just as much as any plaintiffs. Furthermore, its approach is inconsistent with amended Rule 702, with the "just, speedy, and inexpensive determination of every action" command of Fed. R. Civ. P. 1, and with a fair balance of obligations on both parties.
I would REVERSE the district court's judgment, and I respectfully dissent.
Hon. Ilana Diamond Rovner, Hon. Diane P. Wood, Hon. Terence T. Evans and Hon. Ann Claire Williams voted to grant the petition for rehearing en banc.
The committee's comments are instructive. It said "the rule is designed to broaden the basis for expert opinions beyond that current in many jurisdictions and to bring the judicial practice into line with the practice of the experts themselves when not in court. Thus a physician in his own practice bases his diagnosis on information from numerous sources and of considerable variety, including statements by patients and relatives, reports and opinions from nurses, technicians and other doctors, hospital records, and X-rays." Advisory Committee Notes to Proposed Rule 703. It is evident that some of the information that the Committee considered legitimate as a basis for the expert's testimony is itself the product of the expertise of others, such as the work of other doctors, or the evidence from x-rays. Yet this was not a reason to forbid the first expert from testifying. Those who wished to challenge the testimony were responsible for impeaching the basis for it with their own counter-expertise


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On Sunday, August 2nd, 2020, Microsoft has declared interest to buy the most popular social media app, Tiktok. According to their statement, other interested investors could also participate alongside with Microsoft in the acquisition process.
Microsoft confirmed on Sunday that they are in talks with the Chinese tech company ByteDance to acquire the social app TikTok in the U.S. Microsoft declared that it intends to finalize talks with the Chinese tech company by September 15.
In a controversy going around the internet on the banning of the social media trendy app in the U.S. by President Donald J. Trump, the giant tech company Microsoft has to resolve these issues with the U.S government concerning the TikTok ban.
In a blog post, Microsoft said that their chief executive officer(CEO) Satya Nadella and President Donald J. Trump had spoken and the company is committed to President Trump’s view regarding the trendy app.
Microsoft said they will ensure that data on TikTok users in the U.S. would be located in the country and data stored outside of the country would be deleted after the conclusion of the app deal.
President Donald Trump will announce new action “in the coming days” related to Chinese software companies that his administration views as a threat to U.S. national security, Secretary of State Mike Pompeo said Sunday as Reported by CNBC
President Donald Trump said Friday night that he will ban the popular short-form video app TikTok from operating in the United States, rejecting a potential deal for Microsoft to buy the app from its Chinese-owned parent company. … Trump said he could use emergency economic powers or executive order, reported on Sunday by CNN Business.
TikTok is a social media app popular among the age of 18 to 45. Its a short video platform with major investors from the U.S. Based on the stats by Wallaroo, the TikTok app has been downloaded over 175 million times in the United States. We hope the trendy social app TikTok has a stay in the United States since Microsoft has indicated interest to purchase the app in the U.S.

domain: news


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First up, we're hearing about a €60 million grant to accelerate the modernisation of the European sky. The CLEAN ATM initiative was signed by Paloma Aba Garrote, Director of CINEA, Mariagrazia La Piscopia, Executive Director of the SESAR Deployment Manager, and Raúl Medina, Director General of EUROCONTROL.
Next, there's news from Spain where ENAIRE has received proposals from 32 startups for the first edition of its Air Traffic Management Acceleration Programme. The two startups they select will receive a prize of €40,000, as well as support to implement their technologies at ENAIRE between now and March 2024.
More from Spain where SENASA has launched a project to modernise the air traffic control system for Angola. The project's aim is to transition to a surveillance system that will allow Angola's air navigation service provider ENNA to manage its flights in harmony with neighbouring countries.
And last but not least, we have another episode of our podcast Radar Contact for you. This week, we sit down with Jouhayna AlMheiri, Senior Air Traffic Control Officer and Training Instructor from the UAE, to discuss the perspective of the female Emirati ATCO.
- Bilateral meeting between RSE Kazaeronavigatsia and the air navigation service provider of the United Arab Emirates Global Air Navigation Services - On October 23, 2023, a bilateral meeting was held between RSE Kazaeronavigatsia and the air navigation service provider of the United Arab Emirates Global Air Navigation Services on cooperation in the field of initial training of air traffic service controllers.
- ENAIRE selects the winning startups of its air traffic management acceleration programme - ENAIRE, Spain's national air navigation service provider, through CRIDA, its research and development (R&D) subsidiary, has received proposals from 32 startups in various countries for the first edition of its Air Traffic Management Acceleration Programme.
- Senasa leads an airspace renovation project for Angola - As a result of the agreement signed with the International Civil Aviation Organization, SENASA launches an ambitious project to modernize the air traffic control system for Angola. SENASA leads this project in which other cutting-edge companies of the Spanish aeronautical sector alongside participate: ALG, EAD and La Isla.
Reports and data
- NAV CANADA reports September 2023 traffic figure - NAV CANADA announced today its traffic figure for the month of September 2023 as measured in weighted charging units for enroute, terminal and oceanic air navigation services, in comparison to the prior year.
- HIA records 26.84% increase in passenger traffic - During the third quarter the airport witnessed active air traffic, recording 67,285 aircraft movements, which represents a noticeable increase of 24.48 percent compared to the previous year.Aircraft movements at the airport were distributed during the third quarter as follows: 22,598 aircraft movements in July, 22,909 in August and 21,778 in September.
Research and innovation
- The future of ATM: leveraging computation, data and human feedback - What does RLHF - reinforcement learning with human feedback could for air traffic management industry?
- A new horizon for synthetic data generation in aviation - SESAR JU - A new era in synthetic data generation in aviation may be on the horizon with the launch of the SynthAIr project - Synthetic Data Generation for ATM Systems. The initiative is a response to the scarcity of relevant data for aviation and the inherent limitations of AI models in handling diverse datasets.
- CLEAN ATM (Air Traffic Management) initiative awarded €60 million to accelerate the modernisation of the European sky - Paloma Aba Garrote, Director of CINEA (the European Climate, Infrastructure and Environment Executive Agency), Mariagrazia La Piscopia, Executive Director of the SESAR Deployment Manager and Raúl Medina, Director General of EUROCONTROL and representing the Organisation in its role as SDM Consortium Coordinator, today signed a Grant Agreement awarding €60 million to the CLEAN ATM project.
- From ConOps to validated higher airspace solutions: ECHO2 kicks off - SESAR JU - ECHO, the SESAR project co-funded by the EU designed to enable safe, efficient and scalable operations above conventional flight levels, has just launched its second phase with the official Kick-off Meeting of ECHO2 on 29 September, attended by the 23 ECHO partners.
- Co-creation will deliver the 2024 European ATM Master Plan, vision workshop hears - SESAR JU - Japan Uncrewed Aerial System Industrial Development Association (JUIDA) has signed a Memorandum of Understanding with ATOS, the European Association for Autonomous Transport and Open Systems.
UAV and UTM
- Japan’s UAS development association signs MoU with European autonomous transport association - Unmanned airspace - Japan Uncrewed Aerial System (UAS) Industrial Development Association (JUIDA) has signed a Memorandum of Understanding with ATOS, the European Association for Autonomous Transport and Open Systems.


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Hidden gems of the fund management industry
FE Trustnet looks at a selection of funds whose residence in the Specialist and Unclassified sectors has caused their strong performance to pass the majority of investors by.
By Joshua Ausden, News Editor, FE Trustnet
Thursday June 07, 2012
Those who rely on IMA classifications when building their portfolio run the risk of missing out on some of the best-performing funds in the industry.
Some funds prefer not to be readily compared with their peer group because they are benchmark-driven, while others have yet to be allocated a sector by the IMA, and thus sit in the Unclassified sector.
Here is a selection of hidden gems you may wish to consider:
Standard Life Corporate Debt
and Roger Sadewsky’s
£419m portfolio, which sits in the Specialist sector, has one of the best records of any fixed interest fund in the industry.
According to FE data, it has returned 46.6 per cent over five years, a figure that has been beaten by only one portfolio in the Sterling Corporate Bond sector – Richard Woolnough’s M&G Strategic Corporate Bond fund.
It would also be a top-three performer in the Corporate Bond sector over three years, with returns of 63.33 per cent. Woolnough’s portfolio has returned 35.7 per cent over this period.
Moreover, both of the funds that have beaten Standard Life Corporate Debt over this period have returned significantly less over five years.
Performance of fund vs sector over 10-yrs
Source: FE Analytics
||1-yr returns (%)
|3-yr returns (%)
||5-yr returns (%)
||10-yr returns (%)
|Stan Life Inv Corporate Debt
|IMA Sterling Corporate Bond
Over a 12-month period, no Corporate Bond fund has come anywhere near to challenging Sutherland and Sadewsky’s returns of 22.59 per cent.
Standard Life Corporate Debt is, however, very unstable for a bond fund and has a significantly higher annualised volatility than the Corporate Bond sector's average. A score of 12 per cent over five years is almost as high as the average Sterling High Yield portfolio.
The fund has a minimum investment of £500 and a total expense ratio (TER) of 1.61 per cent. It is currently yielding 3.65 per cent.
Baillie Gifford Diversified Growth
Those looking for an alternative to the recently soft-closed Trojan fund may wish to consider Mike Brooks and Patrick Edwardson’s five crown-rated Baillie Gifford Diversified Growth portfolio.
Its performance since launch puts it firmly in the league of the very best performers across the four mixed asset sectors. According to FE data, the fund has returned 41.96 per cent since May 2009, almost double the returns of the four IMA mixed asset sector averages.
It has also been significantly less volatile than all but IMA Mixed Investment 0-35% Shares and has a lower FE Risk Score than the average (32) of these four sectors.
Performance of fund vs sectors since launch
Source: FE Analytics
As well as participating in the 2009 and 2010 QE-fuelled rally, the fund also protected effectively against the downside last year and, unlike the vast majority of its multi-asset rivals, managed to break even.
While most of the £1.46bn of the fund's AUM is institutional money, it is also available to retail investors. It has a minimum investment of £1,000 and a total expense ratio (TER) of 1.62 per cent.
CF Ruffer Pacific
While this portfolio cannot compete with the likes of Aberdeen and First State in terms of track record and consistency, the sparse number of options in the open-ended emerging market space means its popularity could soon begin to grow.
Aberdeen Emerging Markets has recently soft-closed and, with many expecting First State Asia Pacific Leaders
and Global Emerging Market Leaders to soon follow suit, a fund run by a house with the reputation of Ruffer – as well as an FE Alpha Manager at the helm – is well placed to pick up the slack.
While CF Ruffer Pacific invests predominantly in emerging markets, the £152m portfolio also has some exposure to Japanese equities, which make up 10 per cent of its holdings.
Performance of fund vs sector since October 2006
Source: FE Analytics
Since taking over as manager in October, Mary McBain
has returned 38.44 per cent, compared with 19.42 per cent from her MSCI AC Asia Pacific benchmark.
The fund is significantly less volatile than its benchmark and lost far less during the 2008 downturn.
It has a minimum investment of £1,000 and a TER of 1.59 per cent.

domain: finance


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Tierra de Biescas
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- Minbar in room
- Indoor pool
- Concierge desk
- Banquet room
- High-speed internet in room
TripAdvisor Reviews Tierra de Biescas
Travel Blogs from Biescas
... the position of the town on a cliff or in the loop of a river. Little fiefdoms all over the place.
Before long the snow capped top of the Pyrenees came into view and, as in the past trip, we came across lone cyclists battling their bodies and the steep winding roads. Bend after bend provides another impossibly beautiful panorama, so I guess that would take away the pain in the legs a little bit.
I have tended to avoid towns and cities because it is quite difficult with Treacle, but every so often I get a yearning and this time I satisfied it by visiting the city of Burgos in Northern Spain. The Caravan Site was beside a pretty river in the suburbs of the city and it was possible to walk into the centre through a riverside park, making it perfect for me and the dog. I spent my time here lazing around in the sun, walking next to the river, visiting the vets and on ...
Headed down the highway towards Pamplona with memories in our heads of walking this area last year. See the hill in the distance the famous sculpture is on and reminisced of the climb and boulder strewn descent. Saw some pilgrims on their way. No connecting back roads on today's route.
We decided to make our start towards Barcelona where we need to be in 3 days. Our plan is to run along the foothills of the Pyrenees and it wasn't long before we saw snow ...
... and seen it in the film, 'The Way' but it is so much more beautiful 'in the flesh'.
By midday, the temperature had risen (it was still 72 degrees at 6.30pm) and the water intake rose too. I hadn't expected it to be this hot and when in Pamplona bought a pair of shorts which are going to come in handy over the next few days!
Am staying in a convent tonight. Bed, shower and DECENT WIFI, all for the price of 5 Euros. Can't be bad.
... Reina or Queen's Bridge.
You will see St Mary of the Meadows church which was named under the auspices of The Knights Templar (14th century).
Got in about 4pm and although not exhausted I was tired enough and my joints were killing me but hey for $28 euro I got a bed, a beer, a wine, an evening meal and breakfast and a reasonable night's sleep. Take care and remember....."Whatever you can do, or dream you can; begin it.Boldness has genius power and magic in it." Goethe

domain: geography


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BEST NAMES DIRECTOR
NEW YORK - Norman S. Matthews, the former president of Feder ated Department Stores Inc., has been named vice chairman and a director of the Best Products Co., the catalogue-showroom chain in Richmond.
Best was acquired in a $1.1 billion leveraged buyout last fall by a company formed by Adler & Shaykin, a prominent investment banking firm.
The 55-year-old Matthews will be actively involved in developing Best's merchandising and operating strategies, Adler & Shaykin said.
Matthews served with Federated for a decade before it was acquired by the Campeau Corp. last May.

domain: economics


Please welcome the newest members of the Baseball Bloggers Alliance:
- Kevin Lochner of Hattaway’s Moustache joins the Minnesota Twins Chapter.
- Jeff Louderback of BoSox Banter joins the Boston Red Sox Chapter.
- Jonathan Hacohen of MLB reports joins the General Baseball Chapter.
The BBA now has 309 member blogs as of June 28th, 2011. Be sure to visit the Membership Directory to check out all of the great sites in the Alliance.


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© Vogue Images
Sportswear, tailoring and new-age fabrications came together in designer Kaushik Velendra’s menswear collection, which showcased at London Fashion Week this season
At the showcase of the MA collections of Central Saint Martins at London Fashion Week, commenting on the body-conscious, confident collection of Kaushik Velendra, British Vogue noted the clothes “demonstrated a new acceptance of sexy, or perhaps of human nature.” In the black-and-white Dorian Gray-esque line, severe and lean menswear tailoring came with cleverly-placed sportswear touches, like a tuxedo jacket framed by shoulders that looked like they were melted onto the models' form. For Chennai-based Velendra (28), who joined CSM five years ago and is pursuing a Master's in menswear fashion there, the goal was clear: “To constantly evolve and rethink tailoring with an aim to create a new tailored man.” Vogue spoke to the young designer about his collection, from how he came up with the concept to the detailing showcased in his latest line-up. Excerpts below.
“My graduate collection was all about re-thinking the tailored man. The hybrid collection takes a modern dimension, observing the DNA of sportswear and the human anatomy. Tailoring and sportswear are deeply engaged with each other through their construction and relationship with the human body. My collection investigates the infinite possibilities of linking the two together, creating a new generation of a modern, futuristic, sophisticated and luxurious man.
What would it be like to redress a new masculinity? Could it help people look and feel better? And could it get rid of their insecurities? Naturally fascinated by this expression, my intention was to find a way to recreate those masculine shoulders, elegant elongated proportions and bold muscles using modified tailoring techniques and fabrication. The best way to explain my collection in short would be super-modern tailoring or tailoring for the future.”
“My speculation with sportswear and tailoring is of particular importance to the collection. It articulates the relationship between construction lines and the human body. These lines accentuate the silhouettes and allow possibilities to create new seams. The seams also allow for innumerable ways to restructure a tailored garment. This enables me to clearly understand the anatomy and grow proportions respectively. The influence of sportswear has led me to investigate newly evolved techniques and fabrication that could replace the traditional ways of tailoring and evolve a modern identity.”
“I've used several futuristic materials to create my collection. A special heat-reacting felt was used to mould the shoulders, replacing the shoulder pads that are traditionally used in tailored garments. Magnetic zips have been used for closures. The most exciting part of the collection was my collaboration with Jean Francois Lesage and his amazing team at Vastrakala in Chennai—they beaded my collection with new materials and traditional Indian techniques of embroidery. This also gave me the opportunity to work with my fellow artisans from Chennai, and I was happy to represent their art at London Fashion Week. My shoes were handmade in Paris in collaboration with Fred Rolland (the former atelier of Christian Louboutin). The collection by itself was made across three different cities—London, Paris and Chennai.”

domain: artistic


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Working on a few new tunes that are going to be a bit more dynamic and airy than our usual fair, but definitely still rock. Finally, it feels like we’re creating the musical energy that goes with the lyrics.
I’d say that the new direction (which ranges from haunting, similar to “Egypt Eyes” and “Oracle” to somewhat progressive, like “Waves”) expresses the lyrical content better. When we first wrote Waves we were concerned that it wasn’t as heavy as much of our material, and it turned out to be one of our more requested songs. It’s so great that our friends/fans are such flexible and open minded people!:-)
It can get so easy to box yourself in to a style or format that is familiar… but I’ve been feeling for quite a long time that I wanted more dynamics, and finesse in the set. I’d really like to see everything from keyboards and acoustic guitars added to the shows, with sonic room for Brian to use all the huge variety of sounds at his disposal…plus more air around the vocals. It’s expansion and change, and that’s always good. We won’t drop our rockers, of course… but adding new energy – change- feels important now. I feel change in the air!
It occurs to me that when we find ourselves stuck in ruts, even the smallest change can give us new direction. And the best part is that nobody knows what the new direction will bring.
Can’t wait to finish the new songs!


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SACRAMENTO - The boyfriend of a Manteca mom has been booked into jail on child abuse death charges after Manteca police detectives investigated the Saturday death of the woman's toddler daughter.
According to Manteca Police Department Lt. Tony Souza, suspect Longino Lamont Tolefree Jr., 21, and a friend brought the 19-month-old girl to Doctor's Hospital for "medical issues." Doctors caring for the little girl called for police after examining the child. The child was pronounced dead before officers reached the emergency room.
"His excuse was that she fell down," Souza said. "And based off the information from the coroner'soffice, we knew it wasn't making any sense."
On Monday, the San Joaquin County coroner performed an autopsy on the girl and ruled herdeath a homicide, according to Souza. Investigators said the girl suffered severe internal injuries.
Detectives arrested Tolefree at his job in Lathrop Monday evening on suspicion of child abuse on a child under 8 causing death, guardian infliction injury to a child under 8 causing death, and corporal injury to a child under 8. Bail was set at $1,050,000.
Tolefree is scheduled to be formally charged in Manteca Superior Court on Wednesday.
Souzasaid Tolefree and his girlfriend have a 5-month-old daughter together, but he is not the father of the girl who died.
Police said child protective services were called to investigate. They said they don't believe the 5-month-old is in immediate danger.

domain: law


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Jan 26, 2014, 9:30 PM EDT
There was a bit of internal drama with the Rockets this season, and it began with the team’s offseason acquisition of Dwight Howard in free agency.
In a nice change of pace, Howard wasn’t the cause of it this time. But his presence didn’t sit well with the team’s resident big man Omer Asik, who immediately feared a diminished role was in his future with a player of Howard’s magnitude now in place, and rightfully ahead of him on the team’s depth chart in terms of minutes distribution.
Asik immediately asked to be dealt, but Houston is smarter than that. The team wasn’t going to let a talent like Asik go for below market value, and given the fact that the Rockets issued a self-imposed deadline for when they’d like a deal to get done, the offers that came in were predictably unacceptable.
So, what now? According to Rockets GM Daryl Morey, Asik is likely to be with the team not just through the end of this season, but through the end of his current contract, which would mean an additional year in Houston.
“We pushed to trade Omer in December,” said Morey. “We felt we had to make a fair and aggressive effort to do that. Obviously, he’d prefer to be a starter.
“At this point, Omer is very likely going to be here until the end of his contract at the end of next season, not this season. The window to trade him was [in December], and teams weren’t aggressive enough to get him, so we’re excited about him being a part of our future.”
Asik is under contract at $8.3 million per year for this one and the next — not exactly an inexpensive number, but below what productive NBA big men get paid, which is typically in the $11 million-plus range per season.
Asik hasn’t played since Dec. 2 and is still dealing with a knee injury, but Houston is targeting the end of the month for his return. While the team’s tone has wisely changed now surrounding Asik, if he performs well once he’s back, his value could increase and the Rockets will have plenty of opportunities at the trade deadline and in the days leading up to the draft to trade him at that time — if a deal came along that actually made some sense.
Aug 3, 2015, 11:44 AM EDT
Nike may well match.
Aug 3, 2015, 11:10 AM EDT
Denver has until Oct. 4 to make a decision.
Aug 3, 2015, 9:55 AM EDT
The Kings were never a likely landing spot.
Aug 3, 2015, 9:15 AM EDT
We bring you this, because it’s August.
Aug 3, 2015, 8:30 AM EDT
What will J.P. Tokoto, future Philadelphia second-rounders think of McRae’s contract?
Aug 3, 2015, 8:00 AM EDT
The Timberwolves roster doesn’t have a lot of quality three point shooters on it.
Aug 3, 2015, 12:01 AM EDT
Orlando keeps backup center on minimum contract
Aug 2, 2015, 10:30 PM EDT
I think the movie is coming, people.
Aug 2, 2015, 9:32 PM EDT
Saunders has a versatile front line, but does he have enough shooting to give them room to operate?
Aug 2, 2015, 8:50 PM EDT
Jordan will gloat about this to Butler for years.
Aug 2, 2015, 3:30 PM EDT
The game in Africa felt like an exhibition.
Aug 2, 2015, 2:00 PM EDT
It’s a standard rookie contract for a first-round pick.
Aug 2, 2015, 12:30 PM EDT
He will be one of the favorites to win ROY.
Aug 2, 2015, 11:00 AM EDT
He was a star with the Buffalo Braves (the franchise that is now the L.A. Clippers).
Aug 2, 2015, 9:30 AM EDT
“Dude, what are you talking about? You’re only a year older than me!” — Giannis Antetokounmpo on Anthony Davis calling him “kid.”
Aug 2, 2015, 8:00 AM EDT
Okafor is getting acquainted with his young fans in Philadelphia.
Aug 2, 2015, 12:30 AM EDT
Davis is in talks to re-sign with the Clippers.
Aug 1, 2015, 11:00 PM EDT
Hamilton played 14 games with the Clippers last season.
Aug 1, 2015, 9:30 PM EDT
Rose played in the 2010 and 2014 FIBA World Championships.
Aug 1, 2015, 8:00 PM EDT
That would be good news for the Spurs and bad news for the rest of the Western Conference.
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There are schools offering RN programs in New Mexico!
Schools Offering Nursing Programs in New Mexico
The top-ranked school in New Mexico that has a RN program is New Mexico State University-Main Campus. New Mexico State University-Main Campus, which was ranked 39th in the country in 2010, is located in Las Cruces. 180 students graduated with a degree in RN from New Mexico State University-Main Campus in 2010. Tuition at New Mexico State University-Main Campus was $5,400 per year.
The second-ranked school in New Mexico with a RN program is University of New Mexico-Main Campus, which is located in Albuquerque. In 2010, it was ranked 68th nationwide. 233 students graduated with degree in RN from University of New Mexico-Main Campus in 2010. Students at University of New Mexico-Main Campus paid $5,506 per year in tuition fees.
Navajo Technical College, which was ranked 68th nationwide in 2010, is the third-ranked school in New Mexico that has a RN program. It is located in Crownpoint. 3 students graduated with degree in RN from Navajo Technical College in 2010. Students at Navajo Technical College paid $1,620 per year in tuition fees.
Rn schools in New Mexico, charge students an average tuition of $4,209 per year. But, tuition can be as much as $19,344 per year, or as little as $814 per year. In 2010, the RN schools that charged the highest tuition rates in New Mexico were:
- ITT Technical Institute-Albuquerque - located in Albuquerque, students are charged $19,344 per year
- National American University-Albuquerque - located in Albuquerque, students are charged $12,403 per year
- National American University-Rio Rancho - located in Rio Rancho, students are charged $12,403 per year
The RN schools that charged the lowest tuition rates in New Mexico were:
- Luna Community College - located in Las Vegas, students are charged $814 per year
- Clovis Community College - located in Clovis, students are charged $944 per year
- San Juan College - located in Farmington, students are charged $1,032 per year
A RN degree from a New Mexico school... what next?
Most people who graduate from RN school in New Mexico go on to work as a registered nurse. In 2010, there were 13,780 registered nurses working in New Mexico. The New Mexico counties with the largest populations of registered nurses are:
- Bernalillo County - 7,450 registered nurses
- Dona Ana County - 1,630 registered nurses
- Chaves County - 1,500 registered nurses
The US Bureau of Labor Statistics predicts that by 2018, an estimated 16,300 registered nurses will be working in New Mexico state. This would require the number of registered nurses to grow by 23%.
On average, a registered nurse earns a salary of $66,090 per year in New Mexico state. In 2010, however, some New Mexico registered nurses earned as little as less than $38,960 per year or as much as more than $99,430 per year. The counties in New Mexico with the highest average salary for a registered nurse are:
- Bernalillo County - $69,670 per year
- Catron County - $65,520 per year
- San Juan County - $65,150 per year
On average, registered nurses earns the least in the following New Mexico counties:
- Chaves County - $58,140 per year
- Dona Ana County - $59,750 per year
- Cibola County - $64,010 per year
Take a look at the graphs and charts below for additional New Mexico statistics regarding a career in nursing and to compare salaries with a variety of related fields such as nurse assisting or forensic nursing.
Here are the different levels of study available for you to explore.
- Associate's Degree in Nursing in New Mexico
- Bachelor's Degree in Nursing in New Mexico
- Master's Degree in Nursing in New Mexico
Curious what studying RN gets you?
Check out the different options and how they're looking in New Mexico
|Rank||Profession||Employment Number||Avg Salary||Job Growth (past 5 yrs)|
Got your degree? Time to find a job!
Below are RN related jobs in New Mexico


Cases still down, but PH fails to keep ideal positivity rate
MANILA, Philippines — The country failed to keep its COVID-19 test positivity rate within the World Health Organization’s (WHO) prescribed level of below 5 percent.
The Department of Health (DOH) yesterday reported that the positivity rate, or the number of people found infected out of those tested, rose to 5.5 percent. This was after staying within the WHO benchmark in the previous two days.
According to the DOH, 2,397 individuals were found infected out of the 43,591 tested for COVID-19.
WHO set an ideal positivity rate of below 5 percent for 14 days, the maximum incubation period, as an indicator of an area’s control over COVID-19.
On Wednesday, the positivity rate was at 4.3 percent, the first time in nearly 10 months that it was within the WHO recommendation. On Thursday, the rate was recorded at 4.9 percent.
New daily cases, meanwhile, continued to decline for the second straight day to 1,894, bringing the total number of cases to 2,738,975.
170 more deaths
Active cases, or those currently sick with the virus, slightly increased to 29,105. The majority of those infected had mild symptoms (63 percent). The rest were moderate (16.7 percent), severe (10.2 percent), asymptomatic (5.7 percent) and critical (4.4 percent).
There were 1,421 new recoveries, raising the total number of survivors to 2,738,975.
The death count breached the 45,000-mark after 170 more deaths were registered.
Earlier, independent pandemic monitor OCTA Research called on the government to ramp up vaccination, testing and contact tracing efforts outside Metro Manila.
It said the vaccination rate in the country remained low.
Based on the Nov. 10 data from the national COVID-19 dashboard, 30.5 million Filipinos had been fully vaccinated, accounting for only 36.5 percent of the eligible population, while 36.3 million had received their first jab.
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On the Thursday we headed towards Oslo by train. The train ride was pretty, and it was still a great novelty to see snow on the tops of the mountains! For me the ride wasn’t great though as I slowly throughout the journey became more and more sick. By the last couple of hours I was freakishly cold and felt horrid. The next day I still wasn’t feeling well, so I had a day in the apartment whilst Jodie and David ventured by themselves in the city and saw Aker Brygge, the Palace, Akershus festning and the parliament. By the next day I was feeling better and we decided to take advantage of the stunning weather and go grilling in Vigelandsparken. It was so relaxing, and the chicken and hot dogs we made were delicious. The day went by so fast, we just watched the world go by. The park was buzzing with people also grilling, playing games and enjoying the sun. By the end of the day the sky started to cloud over and we popped by the famous statues before heading home.
The next day we decided to have a propper cultural and historical day, and we visted the vikingship museum to see the Oseberg ship. Afterwards we headed to the neighbouring museum to look at lots of old pretty houses at the Norwegian Folk museum. For dinner we went to Egon and I had a delicious fajitas with a milkshake. Mmmmmm ❤
Norwegian Folk Museum
On our final day we opted for another cultural day and went for a trip to the National Gallery. Jodie is the more artsier one among us and definitely enjoyed a bit of art. I myself can appreciate the odd gallery here and there, as I have been forced on quite the number of them growing up. We got to see some real treasures, including a number of Dahl, Kittelsen, Tidemand such as the “Brudeferden i Hardanger” and of course Munch and “The Scream”. There were other treats like Picasso and Manet. Later we went and saw Jurassic World in the cinemas! A great film, although so scary at times! I was clenching onto Jodie for large parts of the film! Later we went for a delicious tapas at Delicatessen on Majorstuen. The final supper was so good, but also so sad! The next day I waved them goodbye and tried hard to ignore the fact that I won’t be seeing these two lovely souls for another year! The next day I took the train back again to Bergen and enjoyed stunning views as the weather was so perfect!


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So you want to meet people and expand your network? I did a presentation this weekend on connecting and the premise was; it’s not like we don’t know how, it’s just that we aren’t
As convenient as online friendships can be, they are no substitute for the real deal and the inability to make new and meaningful relationships is sadly becoming a reality for many of us in this technology age whether we admit it or not
In the movie Wall-E the future looks bleak as we all float around on lounge chairs, sipping sodas and playing virtual golf. It’s frightening because we see it happening little by little.
My friend Chris Harder once said “David Norrie is a guy who can make friends with a tree” and that’s not too far from the truth, I met a wonderful Douglas Fir last week on a walk and we’re having coffee Tuesday to discuss going paperlessBut seriously, what can we do to expand our social or business network?
3 suggestions on how to grow your friends list outside of social media.
Fall in love with yourself again.
When you’re working on yourself you feel more confident in your words and posture. Health clubs, salons and coffee shops are great places to meet new people if you’re intentional and put down the smart phones and take off the ear buds.
I got this from an article by Margaret Manning and it’s brilliant. Chase Your Passions, Not People
When people tell you to “get out there and make friends,” they are telling you to chase people but there’s several problems with this approach. First, it puts other people on a pedestal. They are the prize to be won. Second, chasing other people simply doesn’t work. By this point in our lives, we know that the best way to push someone away is to follow them. The alternative is to approach relationship building from a position of strength. Chase your passions!
Get your church on! Congregations of faith are quickly becoming one of the last true bastions for human interaction of the look, hear, touch and smell variety. Meaning they’re not friendships you make over a router. Don’t have God in your life? Well, making new friends is a great excuse to find him.

domain: psychology


Global lubricants demand also poised to take a hit
The ongoing COVID-19 pandemic is truly an all-encompassing event, with no corner of the globe or sector of the economy escaping unscathed. Lubricants are no exception, though there is nuance to the story.
Approximately 61% of global inland lubricants demand (excluding international marine lubricants) is accounted for by the transportation sector; that is, the lubrication of engines and parts within cars, trucks, planes, boats, and other moving vehicles. Not unsurprisingly, demand from this sector is quite vulnerable in the near-term since the movement of people and goods is being hammered by government lockdown measures and social distancing. Moreover, transport sector lubricants consumption is expected to fall faster than transport fuels demand as economic pressures will lead many vehicle owners to delay oil changes, stretching drain intervals beyond usual levels. Specifically, IHS Markit expects an approximately 10% decline in global motor fuels demand this year, but a nearly 14% drop in transport sector lubricants consumption.
The remaining 39% of inland lubricants demand is associated with industrial or commercial activity; think factories or other heavy manufacturing plants. Consumption here will also decline as COVID-19 crimps broader economic activity the world over. However, preliminary projections suggest that the rate of decline will be far less - around 3% in 2020 - than that for transport sector lubricants.
Figure 1: Total inland lubricants demand - World
All this adds up to an approximately 9.5% decrease in global inland lubricants consumption this year. For comparison, demand destruction during the Great Recession peaked at just 7.2% in 2009. Truly, as with all things COVID-19, this is an unprecedented time for the global lubricants sector.
A full assessment of the corresponding impacts on the base oil sector will be available in August 2020 via the annual base oil supply/demand balance update from the Global Base Oils Service.
Rob Smith is a Director of the Global Fuel Retail group at IHS Markit.
Posted 07 April 2020
Follow IHS Markit Energy
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Best Rooms: Rooms facing the courtyard in this L-shaped hotel offer a view of the pool. Whereas, rooms facing outward have a view of the parking lot.
Best Rooms: Rooms at the Comfort Inn offer limited views. The pool is to one side of the Inn therefore not visible from any of the rooms.
2.5 star hotel
6.91 mi from Sylvan Lake Park
Best Rooms: The hotel is situated next to the highway, you won't find much in the way of views.

domain: travel


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Original Xbox supposed to be free, Nintendo should have been Microsoft
A bit of surprising news has come to light about Microsoft today, According to various sources, Microsoft was not only going to make the original Xbox completely free, but it was actually planning a Nintendo buyout. Although the 2001 Xbox is by no means a current piece of tech, it is a milestone in Microsoft development and in console development at the same time, but thinking back to 2000, if Microsoft would have made their console free, it might have shaped the way in which we go about consoles in a different direction. There are collectors out there who would definitely appreciate having an original Microsoft Xbox in their collection, but there are fans, too, who would love to have the console and the older games associated with it, just for fun. Alas, it doesn’t seem likely that Microsoft would give it away nowadays. But it’s fun to know that it wanted to, at one point.
Although widespread opinion about Xbos is that it is inferior to Playstation, and even more so to PC gaming, it is undeniable that the original Xbox is a historic piece of hardware. Seamus Blackley, one of the creators of the first Xbox revealed in an interview to GamesIndustry said that Microsoft wanted to make the Xbox free at one point, partnering up with Oddworld Inhabitants to take on the big player at the time: Mario games. Upon that realization, developers at Microsoft thought that the easiest way they could compete against Nintendo’s historic, addictive game was to simply buy the company as is.
Although these plans did not work out in the end, it is funny how the original developers came forward with the information after so many years. One idea that they mentioned in the interview as being something that they wanted to do with the original Xbox was to make it run Windows. That notion was rejected at the time, because Microsoft’s OS was not as popular as it is today, especially in the gaming and entertainment industry. But things have changed quite a lot, and now, we know that Windows 10 will be a big part of the Xbox One once it is released, and the console is now running a version of the OS that allows users to run apps and games through the platform, right on the console.
We wonder what would have happened in the gaming industry if the original plans for the original Xbox were kept. Just imagine: what if Microsoft actually managed to negotiate a deal with Nintendo in 2001 and buy the company? Nintendo might have been in a better place as a brand, but what would have happened to Microsoft? My guess is that it would have also been in a much better place on a global scale, especially in the gaming industry. If Microsoft would have given away the original Xbox for free, targeting casual gamers, we might see a different Xbox One right now and a different way of marketing consoles. I can’t help but imagine a scenario where consoles from Microsoft were completely free, but exclusive to Nintendo/Microsoft games that you need to buy. It’s an interesting concept to ponder upon, but alas, history has taken a different course and Microsoft ultimately decided to sell the original Xbox for the equivalent of $400, which was not that cheap at the time.

domain: game


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A piece of Ferrari branded memorabilia that is a must have for all true Cavallino Rampante collectors: it is a methacrylate sculpture in two parts that are joined by a magnet and contain an original F1 connecting rod.
The Ferrari logo is applied on the inside using a special screen-printing technique.
It comes in a Ferrari red gift box with logo and a certificate describing the article.
Ferrari S.p.A. - registered address via Emilia Est 1163, Modena (Italy) - share capital Euro 20.260.000 - VAT no. 00159560366
Enrolled in the register of companies of Modena under no. 00159560366 - Copyright 2014 - All rights reserved
Managed by triboo digitale


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Slot machine Forest Dreams
Famous provider Evoplay Entertainment has prepared another quality product with impeccable mathematics for his fans. The new slot machine Forest Dreams invites you to join an adventure in the mysterious forest. It is developed on the basis of Hayao Mizayaki and in addition to excellent entertainment guarantees big winnings.
Characters slot machine filled with a special flavor. Oriental motifs machine intertwined with elements of science fiction and give incredible experience. Go on a fascinating hike into the night thicket. Awaken the spirits of the forest to get the desired reward.
The main indicators Forest Dreams:
- payout percentage – 96;
- reels – 5;
- lines – 20;
- rows – 3;
- Technology – JS, HTML5;
- Betting range – from 0.1 to 100 coins;
- Maximum multiplier – x728.
Gambling in Forest Dreams can be played on a PC, smartphone and tablet. Detailed tracing details, colorful graphics and beautifully matched music immerse you in the atmosphere of the night.
Features of the machine
In Forest Dreams to play for free is no less fun than the real money. On the playing field constantly appear cute monsters, turtles, owl, fox, raccoon and ghost (Wild sign). Yellow sphere collect magical energies and help fulfill the cherished goal.
In Forest Dreams the jackpot is replaced by more advanced features: replacement symbols, re-spins, FreeSpins, Scatter and Wild symbols, sticky Wild sign, FS multiplier.


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June 24, 2009
Lewallen becomes No. 6
After attending Wisconsin's first summer camp in June, 2010 offensive lineman Dallas Lewallen was told by offensive line coach Bob Bostad to contact head coach Bret Bielema.
Last Wednesday morning, when the 6-foot-6, 285-pound offensive tackle called, Bielema officially extended the offer, the first to an in-state offensive lineman in the current recruiting cycle.
Seven days later, when Lewallen and his parents made a return trip to Madison to meet with the coaching staff, the Berlin, Wis., native gave his pledge to the Badger football program.
"I committed to Wisconsin today during my visit," Lewallen communicated to BadgerBlitz.com moments ago via text message.
After Lewallen was one of three players to receive an offer based on his camp performance, many Badger fans anticipated Wednesday's news.
"I pretty much know I'm going to make an early decision," Lewallen said in a previous interview with this site. "I'm going to go back to Madison next Wednesday for a meeting with my family and the coaching staff. I'll probably decide then."
Lewallen becomes the fourth known verbal commit in Wisconsin's 2010 class, joining Marquis Mason, Bryce Gilbert, Frank Tamakloe and Konrad Zagzebski.
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SACRAMENTO — The State of Downtown breakfast was held Tuesday morning and provided excitement, promise and a few surprises for the audience.
“Investor and philanthropist Ron Burkle has agreed to become the lead investor in the Sacramento Republic and that together we will make our case, our strong case, for Sacramento to become the next Major League Soccer franchise,” Sacramento Mayor Darrell Steinberg said.
Despite an enthusiastic effort last year, the MLS commission passed over Sacramento for a team, basically saying Sacramento’s bid didn’t have enough money behind it. Securing the support of that billionaire investor is crucial, Mayor Steinberg says, to relaunch Sacramento’s hopes for an MLS team.
“Obviously, there are no guarantees but we’ll be talking with the commissioner,” Steinberg said. “This is everything he asked for last December.”
As the new lead investor, Burkle, who co-owns the Pittsburg Penguins NHL franchise, will take over for Sac Republic CEO Kevin Nagle, who will move to a senior executive role.
“There was no question in my mind, I think in our mind, that Ron Burkle was the one,” Nagle said. “So, it was a long process, it was a long diligence process, but Ron always stood above the rest of them.”
Burkle’s company also plans to buy the proposed new Republic FC stadium site and 14 surrounding acres at the downtown Railyards.
“It’s about catalyzing the development of the entire Railyards,” Steinberg said. “It’s about building the next DOCO and more in our city. And it is only the beginning.”
Another big announcement out of during the breakfast was Kaiser Permanente’s plan to build a new medical facility on 18 acres in the Railyards.
Plans for the Railyards now include the Sac Republic stadium, the Kaiser facility, a new Superior Courthouse, a light rail stop and an apartment building.


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Plans for Senzo Meyiwa's memorial services underway
The soccer star's family says two memorial services will be held in KZN where he will be laid to rest.
UMLAZI - The family of slain Orlando Pirates Captain Senzo Meyiwa says two memorial services will be held for the soccer star tomorrow and Friday.
One will be at the Durban City Hall and the other will be held at a local sports ground in Umlazi.
Meyiwa was killed on Sunday night at the home of his girlfriend, singer Kelly Khumalo on Gauteng's East Rand.
No arrests have yet been made, but police say they are confident of a breakthrough soon.
Identikits of two of the three men involved in the incident have been made released.
The community of Umlazi is expected to come out in their numbers to remember and honor their local hero.
Local organisation, Youth On A Mission, is planning a march from Meyiwa's home to a nearby sports ground where the Bafana Bafana Captain used to play as a child.
They will be singing songs and calling on the community to join them in what is expected to be an emotional gathering.
The memorial service at Durban's City Hall is expected to start at around lunch time.
The Meyiwa family and various dignitaries are expected to attend.
Meanwhile, some of the country's football clubs have spoken out about crime in South Africa.
They say it's getting out of control.
Gavin Hunt, coach of Wits, says South African's need to change their attitude towards crime.
"More people are being killed by guns than actual diseases. This has to come to an end but will it ever? We just accept it as South Africans and it's not good enough."
While interim Moroka Swallows coach Fanie Madida says a change is needed.
"There's really something that needs to be done, not only because of Senzo's sudden death, but because of the deaths of other South Africans as well. Citizens are dying."

domain: sociology


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Italia Per Due: Adam, Angela, and the Italian Concentration
Follow the experience and adventures of Adam and Angela, bachelor’s degree students studying at The Culinary Institute of America who are taking part in an academic concentration in Italian cuisines and culture that includes a 15-week study trip to Italy. The concentration features a semester abroad at the Castello di Ugento, a newly restored 900-year-old castle in Puglia, the heel of Italy’s “boot.”
In addition to learning about Italian culture, indigenous ingredients, and culinary techniques, the CIA students traveling to Italy for the program will participate in “field trips” to markets, wineries, and local producers of products such as olive oil and cheese. It’s the trip of a lifetime that Adam and Angela are chronicling here!
“Focolare Domestico” in Italian means the ambiance of being around the fire. Fire in Italy brings people and families together as a source of heat and community. This has been true for us the first couple of days we have been here. The weather has been unusually cold—it snowed in Ugento for the first time since 1986! So having a warm fire has helped us to get to know one another, eat as a family, and play games together. Not many of us knew each other before we started this journey, but living Italian style has helped us go from strangers to friends in a matter of just a few days.
The first people in the morning who come into the dining room always light the fire and it stays lit until we all head to bed for the night. We all take turns heading out into the snowy courtyard to retrieve olive wood that we then bring inside to keep the fire alive throughout the day. Welcome to Italy!
By Adam Shoemaker
Day One of our arrival in Ugento, Puglia, our group of 15 culinary and baking students visited where we would be taking our classes in the Castello di Ugento. Upon entering the garden of the castle, located in the center of the town, everyone was in amazement at the variety of plants and vegetables that Chef Odette has growing. We were told everything growing in the garden was edible and can be utilized, except for the grass. The list of possible ingredients is unbelievable including: capers, fennel, aloe, zucchini flowers, plums, lemons, tangerines, and oranges. Every direction you look in there were at least three or four different types of plants in view. The fact that these ingredients are grown right outside our kitchen, and we are going to explore different utilizations of them is very exciting.
Along with the awe our group was already experiencing, the views of the castle were breathtaking—which enhanced the overall experience and knowledge that this semester is going to be a once-in-a-lifetime opportunity to fully immerse ourselves in the Southern Italian culture and local cuisine.
By Angela Piccinich


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She sells cow dung products but not milk to save India’s desi cows
Burning of cow dung logs is much less polluting than burning wood.
Survivors of Sex Trafficking Fashion Jewellery For A Living
Survivors of sex trafficking learn the skill of creating fashion jewellery, making a mark among international and Indian buyers.
agriculture economic security farmers governance land reform market responsible governance rural cultivation farmer food food production marginalised movement rights rural economy animal breeding biodiversity biological diversity breed livelihoods livestock mangrove forest manure sustainability sustainable sustainable prosperity capacity building capital requirement decentralization design ecological sustainability empowerment energy farm farm and food entrepreneurship power renewable energy women women empowerment garbage learning learning-by-doing waste waste management communication community culture Dongria Kond ecological Ecological Cognition ecology language philosophy air pollution alternative transport bicycle energy sources environmental impact environmental issues health-care pollution well-being air quality contamination lifestyle News land acquisition land ownership women peasants