Saturday, July 14, 2007

Gorfinkle v. US Airways, No. 04-183 7 begins with the Court dismissing a the complaint by US Airways against the 3d-party defendant (with prejudice) in order to preserve diversity and affirms a grant of summary judgment in a negligence under Massachusetts law. In a strange saga of lost luggage, the plaintiff climbed on top of a large pile of luggage to collect his suitcase, falling and injuring himself. Even though there are no commercial airports in Delaware, US Airways is a Delaware corporation, and therefore there was diversity jurisdiction, and US Airways removed from state to federal court. US Airways then sued a skycap (of Massachusetts, like the plaintiff) apparently had something to do with this luggage problem. Despite the fact that diversity was destroyed, by the defendant’s action, the District Court entered summary judgement in the defendant’s favor. Then, the plaintiff appealed. The First Concludes that it has the power to dismiss the skycap because he is a dispensable party, and does so, concluding that: 1) because he is a potential joint tortfeasor he is dispensable; 2) such dismissal won’t prejudice email filter software he remaining parties; and 3) only the skycap would be prejudiced upon dismissal because there is a chance that he would have to relitigate in state court – so the first dismisses it with prejudice, thereby solving that problem.

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By Josh MacPhee & Favianna Rodriguez Reproduce and Revolt!: Radical Graphics for the 21st Century Edited by Josh MacPhee & Favianna Rodriguez Soft Skull Press Reproduce and Revolt! is a graphic toolbox to be launched into the hands of political activists all over the world. The book will contain over 300 new and exciting high-quality black & white illustrations and graphics about social justice and political activism for activists to use on flyers, posters, t-shirts, brochures, stencils or any other graphic aspects of political campaigns. All the graphics will be bold and easy to reproduce, in addition to being royalty-free/open source/anti-copyright/creative commons. This means folks will be able to use and reproduce the graphics for free! The book will come with clear instructions on how to best utilize the images so as to improve the graphic qualities of political campaigns. It will also contain a short history of political graphics, an archive of political flyers and posters throughout history, as well as information about and a bibliography of further reading for all of the social justice issues the art will cover. We are now collecting submissions of graphics, illustrations and art for the book, which will be published by Soft Skull Press in late 2006. We will chose for install antenna he book according quality of the image, reproducibility, and how well the graphic conveys the issues. Not everyone's submissions will be included.

In July, the U.S. Copyright Office will go online with the beta test launch of the Electronic Copyright Office Service System (eCO) . Six years in the making, the site is an initiative to ensure photographers, writers and other creators an efficient and timely channel for registering their works. The U.S. Copyright Office is now pilot testing the acceptance of pre-registration applications via the eCO system . The eCO system is expected to reduce application processing from 6 months to a mere 2 to 3 weeks. It will generate electronic certificates of registration, as well as public records in a format that’s easy to upload into the public search database at www.copyright.gov . With the system’s dual functionality, all paper applications will be uploaded to the site upon their arrival at the U.S. Copyright Office in Washington, D.C. Aside from increasing the efficiency of the Copyright Office, the new system will be easier for copyright applicants schweizer franken kurs o use. The site will accept filing fees via credit card, bank account or the Copyright Office's Pay.com portal administered by the U.S. Department of Treasury. The system will store the filer’s registration information, but for privacy will not store information about the method of payment. The registration fee is lower for online filing ($35 v. $45) as an incentive to use the new format. A second fee adjustment is expected in October for registering a group of works.

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Gorfinkle v. US Airways, No. 04-183 7 begins with the Court dismissing helpdesk notes the complaint by US Airways against the 3d-party defendant (with prejudice) in order to preserve diversity and affirms a grant of summary judgment in a negligence under Massachusetts law. In a strange saga of lost luggage, the plaintiff climbed on top of a large pile of luggage to collect his suitcase, falling and injuring himself. Even though there are no commercial airports in Delaware, US Airways is a Delaware corporation, and therefore there was diversity jurisdiction, and US Airways removed from state to federal court. US Airways then sued a skycap (of Massachusetts, like the plaintiff) apparently had something to do with this luggage problem. Despite the fact that diversity was destroyed, by the defendant’s action, the District Court entered summary judgement in the defendant’s favor. Then, the plaintiff appealed. The First Concludes that it has the power to dismiss the skycap because he is a dispensable party, and does so, concluding that: 1) because he is a potential joint tortfeasor he is dispensable; 2) such dismissal won’t prejudice the remaining parties; and 3) only the skycap would be prejudiced upon dismissal because there is a chance that he would have to relitigate in state court – so the first dismisses it with prejudice, thereby solving that problem.

It’s all starting to kick off in Chambers following the envelope I left in TopFirst’s pigeon-hole about ThirdSix and his affair with a client. Predictably, TopFirst got to work on the rumour mill pretty sharpish and by Friday lunchtime Worrier had come round to my room asking for advice. TopFirst had whispered the story to her and she was concerned as articulated robot o whether she should tell ThirdSix. “Why don’t you ask BusyBody?” I suggested knowing full well that BusyBody would live up to her name. Sure enough, by this morning BusyBody had had a long talk with ThirdSix who had in turn had gone to Worrier and asked how ThirdSix had gotten this information. It won’t take long for him to find out that a Data Protection Act request was made to his old Chambers and TopFirst is going to have difficulties explaining how he came upon the information given that in fact he opened a letter addressed to ThirdSix.

Legions of tiny black and white birds are moving south from Canada in droves. Consider these reports (keyed on the map): Banders in Toronto , at Tommy Thompson Park along Lake Ontario (A on map), band over 200 of these birds beginning Oct. 16. At Prince Edward Point , Ontario (B on map) over 6000 are counted, and over 700 banded, beginning Oct. 19. Passage rates along the Chatham and Kent county lines in Ontario (C on map) are estimated around 300 birds per hour. Over 500 are banded at Long Point Bird Observatory , a peninsula in Lake Erie (D on map) beginning Oct 22. Over 1000 counted from the delete spyware for free awk tower at Holiday Beach , Ontario (E on map) on Oct. 30. The species: one of the most familiar and beloved birds in eastern North America, the Black-capped Chickadee ( Poecile atricapillus ). Chickadees are familiar because their range extends across most of Canada and the northern two-thirds of the U.S., where they are regulars at bird feeders. And while they are resident where they are found, they also stage periodic irruptions , a phenomena more often associated with winter finches such as crossbills, redpolls, and siskins. Irruptions -- birds moving south from mostly boreal nesting areas -- are typically due to a lack of food, such as a failed conifer cone crop, in usual wintering areas. That is also a factor in chickadee movements, especially following exceptionally good reproductive success resulting in "excess" numbers of young chickadees.

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