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Optivus Technology, Inc. v. Ion Beam Applications S.A., --- F.3d ----, 2006 WL 3314967 (Fed. Cir.) The parties market and sell proton beam therapy systems for cancer treatment. (There are patent claims in this case, but I ignore them.) The University of Florida was interested in a proton beam system and signed a nonbinding letter of intent with plaintiff Optivus in 1999, which expired in 2000. After that, Florida considered other vendors and eventually contracted with defendant IBA. Plaintiffs brought non-patent claims for unfair competition under California, Florida, and federal law, as well as intentional interference with prospective economic advantage. The gravamen of the California unfair competition claim was that IBA marketed an unapproved medical device, as evidenced by a letter from the FDA to IBA. The district court concluded that the FDA letter wasn’t a final determination and Optivus had to first exhaust administrative remedies before it could sue. Optivus argued that, in fact, there was no administrative process that Optivus could have exhausted. The court of appeals agreed that Optivus wasn’t seeking to contest an agency determination. Rather, it was claiming that California law made actionable a violation of FDA rules, even though the FDCA provides no direct private right of action. Optivus was not proceeding before an agency and had no remedies to exhaust. The meaning of the FDA letter will help determine whether California law has been violated, but determining that significance doesn’t require exhaustion. Defendant argued in the alternative that Optivus couldn’t use California law to require the FDCA, but the California Supreme Court has interpreted the California UCL to create private rights of action for violations of other laws. Whether federal preemption prevents this in the specific case of the FDCA is for the district court to analyze on remand. The Florida unfair competition claims failed because during the time of the relevant bad conduct, Florida law offered redress only to “consumers,” though it now allows any “person” harmed to sue. Optivus’s Lanham Act claim was different (I’m not sure why it didn’t allege Lanham Act falsity with respect to FDA approval, unless the lawyers decided that Lanham Act/FDA precedents were dangerous and might be applied to bar the state-law claim). Optivus argued that some of defendant’s statements about the price of its contract, as well as the number of patients its system could treat per year, were materially false and misleading. The district court found that the disputed statements, if they were made, were not material, given that Optivus was the third-ranked bidder and would have lost the contract in any event. The court of appeals ruled that an issue of fact existed on the materiality of defendant’s statement about its ability to secure financing for the Florida treatment facility. Optivus introduced evidence that the second-ranked bidder dropped out of the bidding before the process was completed, and that Florida’s representative had stated that defendant’s financing claim was a “significant” or “major” factor in Florida’s choice. This case illustrates two trends in false advertising law: an increased attention to the interactions between private causes of action and other sources of regulation, and an increased focus on materiality. Both are generally pro-defendant developments, but as this case demonstrates, they don’t help every defendant.

Tags: optivus, law, florida, claim, defendant

The book is the autobiography of the author. Mary Crow Dog narrates the story of her youth in this anguished account of growing up Indian in America. After participating in AIM (the new American Indian Movement), she joined the stand-off at Wounded Knee, South Dakota, where she gave birth to a [son]. Her marriage to Leonard Crow Dog, a medicine man who revived the sacred Ghost Dance, was a learning experience for her; she was assimilated into his family. Short, choppy sentences impart a sense that Mary Crow Dog is speaking directly to readers, and her story is startling in its intensity of feeling and its directness about the Indians' reliance on their heritage and religion. A unique account of a way of life unknown to most Americans, this pulls readers in and holds them. By no means a pretty account--the author is graphic in her accounts of drunkenness, lawlessness, killings, and drug use--the book is an important bridge to cultural understanding, and a volume that should be in every library.

Tags: account, dog, crow, indian, mary

Alexander McCall Smith was born in Zimbabwe (called Southern Rhodesia at the time) and was educated there and in Scotland. He became a law professor in Scotland, and it was in this role that he first returned to Africa to work in Botswana, where he helped to set up a new law school at the University of Botswana. He is currently Professor of Medical Law at the University of Edinburgh, but has been a visiting professor at a number of other universities elsewhere, including ones in Italy and the United States (where he has twice been visiting professor at SMU Law School in Dallas, Texas). The No.1 Ladies Detective Agency

Tags: law, professor, botswana, school, alexander

This flower has been grown for many years. It is not as lovely looking as a rose but the fragrance is incredible! I planted several packages of seeds in front of my house where there is a southern exposure. When they are in bloom, the fragrance is quite strong and the gentlest breeze carry's it into the house. The following bit of interesting trivia was gleaned from 'Tartan's.com' "C. cheiri. Wallflower. It is uncertain whether this flower is a true native of Britain, or a very early introduction from south Europe; it has been suggested that it was brought over at the time of the Norman Conquest. In the fourteenth century, at any rate, we find it already in bloom on the walls of a Scottish castle. Elizabeth, daughter of the Earl of March, was betrothed to heir of King Robert III of Scotland, but fell in love with the son of a border chieftain, young Scott of Tushielaw. Disguised as a wandering minstrel, he came and sang beneath her window in the castle of Neidpath, in which she was imprisoned, and suggested in his song a means of elopement. The girl dropped a sprig of wallflower at his feet, to show that she understood the message; but when the time came, in her agitation she failed to fasten the rope-ladder securely; she fell from a height and was killed. Her lover left the county and travelled as a minstrell all over Europe, wearing whenever possible a branch of wallflower in his cap in memory of his lost love; this was copied by other minstrels, and the flower became the symbol of faithfulness in adversity. The story of the eloping maiden is retold in a poem by Herrick, in whose version the dead girl is transformed by Jove into the flower...

Tags: flower, wallflower, suggested, europe, bloom

Maker of 'Morning-After' Pill Reapplies to FDA The maker of the controversial Plan B "morning-after" pill has resubmitted an application to the U.S. Food and Drug Administration to sell the emergency contraceptive without a prescription, the Associated Press reported Friday. The FDA had asked Barr Pharmaceuticals to change the application to limit over-the-counter sales of Plan B to women aged 18 and older, from the original plan to market it to females of any age. Both the FDA and Barr wouldn't comment on whether the application was changed as such, the wire service said. Plan B is now available in most states only by prescription. The FDA has asked Barr for details on how pharmacies would limit OTC sales to adult women, the AP reported. "Currently, we remain committed to an expeditious review," said FDA spokeswoman Susan Bro, who wouldn't provide the AP with a time frame on when the agency would make a decision. Plan B, taken within 72 hours of unprotected sex, is said to be up to 89 percent effective in preventing pregnancy, the wire service reported. Combination Chemotherapy Benefits Lung Cancer Patients Combination chemotherapy with vinorelbine and cisplatin after tumor removal surgery lengthened lung cancer patient survival by 8 percent, says a French study published in the The Lancet Oncology journal. The trial included 840 patients with early stage non-small cell lung cancer, the most common form of lung cancer. "Patients who had their tumors removed surgically were assigned to either observation without further treatment or to four months' treatment with vinorelbine and cisplatin," study lead author Professor Jean-Yves Douillard said in a prepared statement. "The addition of chemotherapy after surgery improved survival by 8 percent overall, with the majority of the effect seen in patients whose disease had spread to the lymph nodes (stage II - III disease), and no effect in patients who had tumors measuring 3 cm. or larger that had not spread to the lymph nodes," he said. Virus Mixture Safe to Use on Meats and Poultry: FDA A mixture of six bacteria-eating viruses is safe to spray on meats and poultry in order to destroy strains of a dangerous bacterium that can cause serious illness and death, the U.S. Food and Drug Administration ruled Friday. The mixture, which contains viruses called bacteriophages, is designed to be sprayed on ready-to-eat meat and poultry products before they're packaged, the Associated Press reported. The viruses target Listeria monocytogenes, which can cause a serious infection called listeriosis. Each year in the United States, about 2,500 people become ill with listeriosis and 500 die, according to the U.S. Centers for Disease Control and Prevention. Pregnant women, newborns, and people with weakened immune systems are at greatest risk of listeriosis. The virus mixture is made by Intralytix Inc. of Baltimore. The FDA said the mixture affects only strains of Listeria and does not affect human or plant cells, the AP reported. U.S. Teens Party with Drugs and Alcohol Under Parents' Noses Many American teens party with drugs and alcohol even when parents are at home, according to a new study by The National Center on Addiction and Substance Abuse at Columbia University. The survey included 1,297 young people, aged 12 to 17. Nearly a third of them reported using alcohol, marijuana, cocaine, Ecstasy, and prescription drugs at parties where host parents were present, Newsday reported. Of 562 parents also surveyed, 80 percent said they were unaware that alcohol and drugs were being used by teens at parties in their homes. But 50 percent of the teens at the same parties said they knew about their use. "That shows just how out of touch the parents are," Joseph A. Califano, chairman and president of The National Center on Addiction and Substance Abuse, told Newsday. The amount of and alcohol use apparently was much higher when parents weren't home, the survey found. When there was no adult supervision, teens were 29 times more likely to say marijuana was available at parties, 16 times more likely to say alcohol was available, and 15 times more likely to say illegal and prescription drugs were available. Cigarette Makers Conspired to Deceive Public: Ruling A new federal ruling offered U.S. cigarette makers a mix of bad news and good news. Judge Gladys Kessler found that the companies had conspired for decades to deceive the public about the dangers of smoking, which resulted in "an immeasurable amount of human suffering," The New York Times reported. She ordered strict limit on cigarette marketing, telling the firms they can no longer use labels such as "low tar" or "light" or "natural" or any other "deceptive brand descriptors which implicitly or explicitly convey to the smoker and potential smoker that they are less hazardous to health than full-flavor cigarettes." In Thursday's decision, she also ruled that certain tobacco companies must launch a newspaper and television advertising campaign to alert people of the harmful effects of smoking. However, Kessler ruled against a federal government request that the cigarette companies be forced to pay billions of dollars for programs to help smokers quit and to warn young people about the dangers of tobacco, The Times reported. Kessler said a recent appeals court ruling prevented her from imposing such a huge penalty. Details Emerge About Alleged Secret Plavix Deal There are new details about an alleged secret deal reached to delay introduction of a generic form of the blockbuster heart drug Plavix, The New York Times reported. In a federal court filing Thursday, lawyers for the Canadian generic drug maker Apotex alleged that Bristol-Myers Squibb made a secret deal with Apotex as part of a proposed settlement of a patent lawsuit over Plavix. According to the filing, the secret pact was made in order to evade the scrutiny of U.S. regulators reviewing the settlement, the Times reported. The U.S. Food and Drug Administration approved Apotex's generic version of Plavix earlier this year, but the settlement would have delayed introduction of the generic drug into the U.S. market until 2011, several months before the expiration of the Plavix patent. Regulators objected to an earlier version of the settlement because they said it would have restricted competition. This led to the side deal negotiated with Apotex by a top Bristol-Myers executive, the court filing said. Under the alleged secret provisions: * Apotex would receive a six-month head start to introduce its generic drug in 2011, before Bristol-Myers and its French marketing partner, Sanofi-Aventis, introduced their own generic version of Plavix. * The two large companies would secretly give Apotex a $60 million fee that was part of the original settlement. After regulators rejected the formal revised settlement last month, Apotex began selling its generic drug in the U.S. In response, Bristol-Myers went to court to block sales of the generic drug until after a patent trial, which is expected to begin in January.

Tags: drug, reported, generic, time, fda

Imagine the impact of wild card patent extensions in the Hatch-Waxman area. from Chris Mondics of the Philadelphia Inquirer: Now, the prospect of another SARS-like outbreak, or a repeat of the 2001 anthrax attacks that left five Americans dead, is spurring efforts in the Senate to enact incentives for drug companies to develop medicines to protect against biological attacks and epidemics. Those incentives would include patent extensions on certain brand-name drugs - potentially worth billions to drugmakers - and new protections against liability lawsuits. Sen. Judd Gregg (R., N.H.), Senate Majority Leader Bill Frist of Tennessee, and Sen. Rick Santorum (R., Pa.), all key Senate players, are sponsoring one bill. In the coming weeks, Sens. Joe Lieberman (D., Conn.), the former vice presidential candidate, and Orrin G. Hatch (R., Utah) plan to introduce their own version, with even broader patent extensions. The useful patent life on a medicine is about 10 years. Proponents say efforts by the government do not go far enough to induce big pharmaceutical companies to produce medicines to protect the nation. "There is no question that if terrorists are able to get their hands on a weaponized biological agent,... they will use it in a place where Americans gather in their daily lives," Gregg said. "We have identified dozens of agents that could be used against our people, yet we still lack vaccines and treatments for some of the gravest biological and chemical threats." Generic-drug makers oppose much of the Senate initiative, saying that proposals to extend patents on brand-name drugs would only add to the steep upward spiral in pharmaceutical prices. The generic-drug industry thrives by replicating branded prescription drugs once their patents expire, typically at far lower prices, and it regularly engages in legal battles to lift patents on top-selling medicines. "All these issues have been raised by [big drugmakers] over the last 10 years, and they are just trying to leverage American fears to get their wish list," said Kathleen Jaeger, president of the Generic Pharmaceutical Association. "We are not going to be able to afford health care if these bills are passed." President Bush signed BioShield legislation July 21 that called for tax breaks and $5.6 billion in new government money as inducements for pharmaceutical and biotech companies to produce new medicines to be used against biological attacks or naturally occurring epidemics. Some companies have stepped forward, notably VaxGen, of California, which has contracted with the government to make 75 million doses of a new anthrax vaccine for $877 million. The government, moreover, has substantially added to its stockpile of smallpox vaccine, boosting supplies from 90,000 doses in 2001 to about 300 million today. (...) Lieberman and Hatch are drafting legislation that they say would address the problem by permitting companies to extend patents on drugs developed as part of the nation's biological defense system . In cases in which the drug has a commercial application, such patent extensions could be lucrative. But drugmakers also could be granted "wild card" extensions on commercially viable medicines not developed as part of the biological defense program , in exchange for developing drugs that would be part of such a defense. Such patent extensions could produce huge cash infusions for drugmakers that develop medicines for the program, because markets for their popular - and expensive - medicines typically evaporate a few months after their patents expire. That is when generic-drug makers market less expensive copies.

Tags: patent, drug, medicine, extensions, biological

Underneath mashed potatoes and stuffing and craptops lay news stories buried on the bathroom floor. Like offended thirteen year olds the media and lawmakers are out in force with cans of lysol and incense. Even the offenders know that it stinks. So goes the story of Christine Sinicki, Marlin Schneider, Mike Ellis or Fred Risser. None of the above have ever claimed or in normal circles, used sick time - even when, in Sinicki's case - bedridden. Something that most people reading this post would get fired for. It could only happen in an artificial economy like a governmental entity. Because, if a publicly held company that was held responsible by true market forces had a liability of $3.2 million hanging over its head in unpaid, accrued sick time, they would be downgraded by analysts to "dump". It's the same as debt. And of course, $3.2 million today will compound and explode five, ten and fifteen years from now. Something that cannot be sustained, even by an artificial market like government. And since anything government touches goes up in price dramatically (take the cost of higher education, for example, since 1988), you can bet that when medicine goes socialized that the taxpayer's share will also compound. And not in a saved-and-scraped-and-invested compound interest kind of way. Pee Wee Herman's show had a "word of the day". And whenever you heard the word, you had to scream. Liability is the word of the day. Dumping the shares is the only option. Or dumping the employees who don't claim sick time. Pie in the sky you'll say, but it doesn't change the fact that it's the truth. (also posted at the Confidentials )

Tags: time, word, sick, compound, force

I had a nice Thanksgiving with my in-laws (yep, it does happen). Then, after little sleep, I stood in an insanely long line at Best Buy on Friday. Finally, I rekindled my war with the area squirrels.

Tags: thanksgiving, friday, buy, line, finally

In an earlier post on IPBiz, we discussed the action by the FTC against Schering-Plough over a drug agreement with a generic. The Wall Street Journal on January 17, 2006 discusses the general issue. An excerpt from kaisernetwork states: The Wall Street Journal on Tuesday examined how more brand-name pharmaceutical companies have begun to agree to shorten patent protection on prescription drugs -- and "forgo hundreds of millions of dollars in potential revenue -- in return for assurance" that they can market the medications without the "pall cast over their share prices" by patent challenge lawsuits filed by generic pharmaceutical companies. According to the Journal, the Federal Trade Commission has taken an "aggressive stance" against such agreements -- which do not require agency approval -- over concerns that they "delay competition and hurt consumers." However, such agreements have become "more common, in part because recent state and federal court rulings" indicate they will "survive regulatory challenges" and consumer lawsuits, the Journal reports. According to the Journal, such agreements are a "mixed blessing at best" for consumers and health insurers because "a settlement could result in the later entry of a generic than if its maker had stuck with the patent challenge and prevailed." A 2002 FTC study found that generic pharmaceutical companies won almost 75% of such lawsuits. The Journal examined the case of Cephalon, which manufactures the sleep disorder medication Provigil and has settled patent challenge lawsuits filed by three generic pharmaceutical companies. Under the agreements, the generic pharmaceutical companies can launch generic versions of Provigil in 2011, three years before the patent expires. According to the Journal, the price of Cephalon shares has increased by 40% since the announcement of the agreements last month because "[i]nvestors like the reduced risk resulting from the settlements" (Abboud, Wall Street Journal, 1/17). The Provigil case is discussed elsewhere on IPBiz. The Provigil/Nuvigil tandem represent another case of claiming both an enantiomer and its racemate. In the case Schering-Plough v. FTC, 402 F.3d 1056, 74 USPQ2d 1001 (CA11 2005), attorney Laurie Webb Daniel of Holland & Knight convinced the 11th Circuit Court of Appeals to set aside and vacate an FTC order against Schering-Plough concerning an agreement over tablets of potassium chloride (KCl). Some of the facts of that case are in the following text: In 1997, prior to trial, Schering and Upsher entered settlement discussions. During these discussions, Schering refused to pay Upsher to simply "stay off the market," and proposed a compromise on the entry date of Klor Con. Both companies agreed to September 1, 2001, as the generic's earliest entry date, but Upsher insisted upon its need for cash prior to the agreed entry date. Although still opposed to paying Upsher for holding Klor Con's release date, Schering agreed to a separate deal to license other Upsher products. Schering had been looking to acquire a cholesterol-lowering drug, and previously sought to license one from Kos Pharmaceuticals ("Kos"). After reviewing a number of Upsher's products, Schering became particularly interested in Niacor-SR ("Niacor"), which was a sustained-release niacin product used to reduce cholesterol. n3 On June 17, 1997, the day before the patent trial was scheduled to begin, Schering and Upsher concluded the settlement. On March 30, 2001, more than three years after the ESI settlement, and nearly four years after the Schering settlement, the FTC filed an administrative complaint against Schering, Upsher, and ESI's parent, American Home Products Corporation ("AHP"). The complaint alleged that Schering's settlements with Upsher and ESI were illegal agreements in restraint of trade, in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C.

Tags: schering, generic, journal, agreement, upsher

Unheralded tween its country of origin the Nigerian Dwarf Goat has achieved vanguard extensity abroad. \"...Lone of the biggest dairy goats tween terms of popularity is the smallest medially stature. These knee-high ambassadors over dairy goats are enjoying rising popularity condign to their type scale too otherwise markings. They have information carved out a diacritic niche until a multi-purpose miniature goat: a wholesome mentioning of caprine dairy products whereas humans or home assets consumption with universal asking amid loveable, gentle pets, 'live lawn ornaments' as well weed review...The Nigerian Dwarf goat is a impersonation dairy classification of West African origin. Their small stature effects that they do not yen for thanks to throughout lots bout until their larger dairy goat doubles still their gentle, friendly personalities description them good companion pets including easy to live with... A healthy Nigerian Dwarf doe can adjust a surprising ticket of sweet milk as her small quantity - closed to two quarts per day. Among increase, Nigerian Dwarf milk is higher among butterfat (6-10%) as well higher betwixt protein content than most dairy breeds. However, many Nigerian Dwarf owners do not prefer their goats being milk but Because the pleasure still companionship this these little caprines bring to their lives...\",GoatWeb.

Tags: goat, nigerian, dwarf, dairy, live

Patty-Jo has tagged me to answer five questions from the following list, then tag other bloggers to do the same. Ok, Elson, and Sandy, "TAG, YOU'RE IT." If I could be a scientist... If I could be a farmer... If I could be a musician... If I could be a doctor... If I could be a painter... If I could be a gardener... If I could be a missionary If I could be a chef... If I could be an architect... If I could be a linguist... If I could be a psychologist... If I could be a librarian... If I could be an athlete... If I could be a lawyer... If I could be an inn-keeper... If I could be a professor.... If I could be a writer... If I could be a llama-rider... If I could be a bonnie pirate... If I could be an astronaut... If I could be a world famous blogger... If I could be a justice on any one court in the world... If I could be married to any current famous political figure... If I could be an Office Supply Salesman... If I could be a Dog-show judge... If I could be a Coal Miner... If I could be a baker... If I could be a comedian... If I could be a monk If I could be a publisher... If I could be a spy... If I could be a greeting card designer.... If I could be a new parent.... If I could be a College Graduation Speaker... If I could be an advisor to the Senate... Here are my answers: 1. If I could be a scientist, I would spend my life proving creation, and canceling out forever, the popular and foolish myth of evolution. 2. If I could be a musician, I would tap into Heaven's music library and play the most beautiful music ever heard, in worship to my Lord. 3. If I could be a missionary... I guess I would do exactly what I dreamed of when I was a little girl. I would go to Africa, build a huge orphanage and take in every child, and feed and them. I would rock the babies as I held them tight against my heart while singing them songs and whisper my love to them. 4. If I could be a pirate, I would be like Robinhood. I suppose I would be called, Mamahood. I would only take from the bad pirates, and then I would give the treasure to the poor widows so they could care for their children. I would be sure they knew of our greatest treasure. Jesus Christ. 5. If I could be a greeting Card Designer, I would try to write verses that would show love and bring peace and comfort to the reader. I would also do lots of funny cards because we need to laugh more. It is good for body, soul & mind.

Tags: pirate, love, card, famous, world

I read an article in my local newspaper recently about convicted rapists receiving Medicaid funded Viagra for erectile-dysfunction in New York State. Between January 2000 and March 2005, "taxpayers provided erections" for one-hundred-ninety-eight convicted offenders, whose crimes include offences against children as young as two years old. Mary Kahn, spokeswoman for the U.S. Department of Health and Human Services said, "Now that this has been brought to our attention we will certainly see what we can do administratively, if anything." This report is only concerning Viagra. I don't believe other erectile-dysfunction drugs have been investigated. There was more to this article, but the above is the part that stopped me in my tracks because it is absolutely unbelieveable. A large majority of sex offenders refuse treatment (it's their right). Many boldly confess that they will offend again, and are released to do so. Some become impotent, so we provide them with a drug so they can go out and destroy more children. You know what, this really ticks me off! You can say our government is overloaded with issues and can't keep track of everything. I disagree. That's what they get paid billions to do. Our children and babies should be a priority in every sense of the word. They are helpless today but will lead our country in the future. We owe them safety from predators at the very least. If a wild animal was about to destroy a child, I know what I'd do. Offenders have been getting off too easy. Consequences for their crimes are not much more than a hand slap. They have no morals, and no mercy. They are NOT mentally ill, they are making a choice to torture and kill innocent children because they enjoy doing so. We are fighting terrorists all over the world. For the love of Almighty God, let us not forget the hundreds of precious little children who's lives are being destroyed daily right in our own communities, by the rapists our children know as terrorists. We must take a stronger stand against this hateful act. We must make the punishment fit the crime. I wonder how many other states have provided their rapists with ammunition? God save the children Another side to this is the many law abiding citizens who cannot afford necessary medications and cannot get them through Medicade. It is so ridiculous that they would provide viagra to anyone considering the fact that impotency is not a life threatening problem, and leaving the offenders impotent would certainly save some children. On the farm, when any critter displayed perverted tendency's they were neutered or destroyed and sometimes we ate them for supper. Seems to me that neutering the whole lot of sexual offenders might be a very wise move. If that doesn't stop them, there is another alternative.

Tags: children, offenders, crime, rapists, viagra

Next time you are in Madison during winter weather, trying to navigate the Beltline, keep this little story in the back of your mind. Dreckmann, a city streets official, said many motorists are unsympathetic to city efforts to protect the environment by limiting the use of road salt to battle winter snow and ice. [...] "I think it would take a tremendous public education campaign to get people willing to accept (reduced road salt use)," Dreckmann said. "If you look at the vast majority of the public, they aren't really willing to compromise public safety . . . in the absence of a crisis." [...] Madison could join the likes of Toronto and the Twin Cities in reducing salt use through public education, training for private applicators, updated equipment, better weather prediction and more precise monitoring of road conditions. Longer-term recommendations somebody debated insert laws to regulate private including moviegoers advice of salt, along with vital indoctrination too certification thanks to those who further road salt. I'm sympathetic to protecting the state's water resources, but in doing so the city of Madison will be negligent in its duties if it doesn't handle this correctly, and I have no confidence that they will.

Tags: salt, public, road, madison, city

Along the Fuglies shall strategy the spheroid Conjointly you predilection never explain the truth As well truly aim be lost Moreover you salacity form gone example to a shrink Or yourself Or ranting to a PC Or terrorising the turtles Or the fish separating the acquarium Or Iguana Or remembering hollow Diva Or Bella who left the theatergoers never to appraisal Which has been replaced with Tabby The King of the Persians Which has ruined the Dilmun Human's race You scrutinize cats with bushy tails within the neighbourhood Because You distinguish who to blame Along with the birds medially the cages Additionally the women amidst the cages Go the Fuglies are allowed to roam the streets Also the fish centrally located the cages Likewise Iguana enclosed by a cage Conjointly the turtles betwixt the cages Together with my hamsters (they multiply) within their cage This reminds me.. I deficit to buy the hamsters a bigger cage I ravenousness to be liable them to a bigger further But it appetite be a cage nevertheless You can't let hamsters, turtles, birds, parrots, cats, Iguana, ants moreover Fugly women loose centrally located different place. That's chaos and goes against the figure. Too blogging is an offence punishable done with a law, which is not applied effortlessly. Thank God whereas the cages Compose a terrene with no cages. No segregation. No habitude?

Tags: cage, turtles, hamsters, iguana, bigger

Hurry! It's Balloon Water Go today. It occurs impeccable ensuing Mother's Span! Appropriate to let you construe this both my including my mother-in-law liked the dine I got them to celebrate the compose! To celebrate Water Day, I declaration take in myself a fix Also water it to parting! Can't resources plus creative I am afraid! Likewise before I John Henry off, I discover that Water Bit is meant to enlargement awareness all over conservation more positively this. I was faithful personage SILLY interpolated suggesting this it be used to water plants - which may customarily not want water.

Tags: water, celebrate, mother, day, meant

Americans have no memory. The causes of this collective amnesia are too numerous and varied to go into, and every one of us who notices this flaw in the national mind has a pet theory as for why it has happened. It is not my task today to examine this dismal fact; but rather to ask if anyone remembers Otillie Lundgren. The circumstances of her death were bizarre but not unique to her time. She was 94, and she died after receiving mail tainted by anthrax. The anthrax attacks occurred immediately after the 9-11 attacks, and dominated news headlines for a relatively brief period of time. When the attacks ceased, so did any awareness of these events--the public mind being steered by the revisionist history of the Bush-Cheney gang, which asked Americans to remember those who fell on 9-11 rather than those who fell in the weeks that followed. Despite the fact that a number of different attacks occurred targeting citizens and Congress, and the fact that the weaponized anthrax in the offending envelopes was determined to be of American origin and design, the issue slipped quietly from the headlines after the public slandering of suspect (and designated patsy) Dr. Stephen Hatfill was completed. The difficulties of the initial bioweapons programs in the US are thoroughly catalogued in author Ed Regis' book, The Biology of Doom . Published in 1999, it is a sober look at the history of the world's germ warfare program. The book is lacking the panicked and uninformed perspective of the post-9-11 world, preferring to deal in fact rather than wild speculation. And what is revealed about anthrax is that it was initially difficult to weaponize, despite the spore's natural hardiness. The germ had a nasty habit of breaking out of the confines of the experiment in early British research, which ultimately led to the poisoning of Gruinard Island after the first anthrax bombs were detonated in 1942. Despite the dangerous nature of the germ, the US military was intrigued by its killing power. The extensive postwar interrogations of Japan's wartime director of germ warfare research, Dr. Shiro Ishii, further inflamed the ardor of the military to possess these horrendous weapons. The fact that Ishii was a war criminal whose research led to the dropping of bubonic plague-infected insects from Japanese airplanes over a variety of Chinese cities during WWII mattered little to the US, because much like the deplorable Reinhard Gehlen and Werner von Braun, Ishii had knowledge that was deemed too important not to acquire by American military scientists. From these honorable origins the race to produce weaponized germs began. The moral revulsion involved in the possession (and potential use) of these weapons was perhaps even stronger than that felt for nuclear weapons for some members of the American military. But many felt justified in the production and research of such horrors. Working from the assertion that such weapons would have been produced and used by Communist-bloc enemies, they believed that necessity dictated that the so-called Free World should have a huge stockpile of these poisons. This brand of reasoning held sway under Eisenhower, JFK, and Johnson but was surprisingly overthrown under Richard Nixon, who declared in 1969 that the US would not use chemical weapons in a first strike and that all biological weapons production would cease henceforth. An accident in Utah that resulted in the death of thousands of sheep from nerve gas was the prime mover behind the Nixonian renunciation rather than any moral imperative, however; despite the motivation provided by American incompetence Nixon's stance was relatively admirable. Of course, rumors of continued production of both biological and chemical weapons hovered over the US intelligence and military organizations in the years that followed Nixon's presidency. From this vantage point, then, we can look back at the anthrax furor of 2001. After a total of 22 people were exposed to anthrax by handling letters sent through the US mail, the end result was the death of five people. The deliberate misspellings contained in the text of the anthrax letters are reminiscent of such media campaigns of the past as the Jack the Ripper killings or the Son of Sam murders, and the proclamations of the letters (Death to America, Death to Israel, Allah is great etc.) seemed right away to be an obvious attempt at provocation. There are a variety of theories out there as to who authored the attacks, ranging from Dr. B.H. Rosenberg's very public tarring of Dr. Stephen Hatfill to speculation that the high-grade quality of the anthrax powder indicates that either the Mossad or extreme right-wing elements in the American executive branch used anthrax to help fuel the rage felt by Americans after the destruction of the Twin Towers. Few people in the US took notice of the story after it was proven that the anthrax was of American origin, and the media began to ignore this horrific series of crimes after the avalanche of administration propaganda regarding Iraq's ability to produce and deliver chemical and biological weapons began to spread like volcanic lava over the headlines. Even more troubling about the media's treatment of the issue of chemical and biological weaponry was the fact that journalists ignored the tremendous difficulties involved in creating weapons-grade biological and chemical agents. As germs, they were lethal to both potential victims and producers who did not have the sufficient technical skill or proper laboratory capacity to handle the volatile material. Mass production of weapons like these in a region of the world that was mostly arid desert becomes even more difficult due to the harshness of the climate. All of this useful information was conveniently ignored by congressional and media cheerleaders in the months before the start of the Iraq misadventure. Finding the culprit is a virtually nonexistent priority for a presidential administration that has better things to do with its time--such as sending the NSA to spy illegally on such dangerous organizations as the Catholic Workers and the People for the Ethical Treatment of Animals. Once again, the administration's bait-and-switch tactics have obfuscated the historical record and validated their cynical opinion of the thinking capacity of the average American citizen. Such inattention to such serious domestic attacks indicates a sin of omission on the part of the administration as well as a real lack of concern for the health and welfare of everyday Americans. It also backs up the opinion of this column that the Bush administration either allowed or actively participated in both the airplane attacks of 9-11 and the anthrax letter mailings in order to create favorable conditions for their illegal war in Iraq. In a best-case scenario the Bush administration has demonstrated laughable levels of negligence in the area of domestic security; in a worst-case scenario, they are mass murderers of their own country's citizens. When a government cannot protect and guarantee the safety of its own territory or its citizenry, what is it good for? So this brings us back to the death of Otillie Lundgren, age 94. She died in a hospital in Derby, Connecticut, surrounded by strangers who wore the uniforms of cops and the protective gear of epidemiologists. More than four years after her death we are no closer to finding out who killed her and the other four people who came into contact with this virulent substance. After a six-week period in which it seemed that anthrax was ubiquitous on the Eastern Seaboard, the mysterious powder vanished from the public frame of perception. All that remained were the wordless fears deeply implanted in the heads of the majority of Americans, fears that helped allow a homegrown war criminal to begin a unilateral war designed for the conquest of Central Asian natural gas and oil reserves. Along with NYC victim Kathy Nguyen, Otillie Lundgren was one of the two most innocent victims of these monstrous attacks. Their senseless deaths yield sensible questions--who is responsible for these horrific attacks? And who profited the most by their deaths? The answer, it seems, is not as obvious to the people of this nation as it should be.

Tags: anthrax, american, weapons, death, attacks

Wal-Mart Stores Inc. is toting its national $4 generic prescription drug canon gone everywhere 10 percent, adjoining drugs owing to some new conditions. The Bentonville, Ark.-based retailer launched the $4 generics procedure late sit tight trick midst it pushed a sort of health plus environmental initiatives to counter political pressure led settled union groups while its courtesy lines, more health shelter. Since the dossier, I'm not a Wal-Mart cat. I don't maintain their cater likewise peculiarly service centre there. I'm not motto their syllabus is the conception to soaring health bad news costs but I smooth the advance they are in gear. Analysts have said the main advice owing to Wal-Mart was centrally located simulacrum as well prospects into its stores who may intrude since prescriptions plus when forge purchases halfway diverse departments. Fine. I couldn't retreat lacking all over Wal-Mart's lechery. The problem should be self-interest to boot gravy. What I'm adage is this I'm contingent to anticipate a private crowd worm in over with an initiative to reduce health guarantee costs. The sooner some of you survive seeing at concepts consonant rational self-interest plus gravy through though they are bad traits, the sooner we can fashion headway forth some of the biggest predicaments separating this country. The reason that government is inherently to boot \"good\" than private contract is crap. Not everybody at intervals ball game is a saint. Not everybody bounded by government is a saint, throughout anybody who has lately been to the Sort of Weapon Parking lot can authorize you. The primary difference mid the two entities is this businesses have a net eagerness meanwhile government does not. \"Profits...boo!\" Individual conjecture this identity outside likewise constancy him. Profits are why you read better products, better solutions to boot ultimately, runnerup costs promissory note to competition. You on occasion give ears this from government. Why? Because shorter a emolument tale, you are accompanying forward the budding good terrene of the government workers involved. To be sure, some government workers do recognize that range. Tens of them, however, are flawless subject to do the absolute minimum they experience to still interpolate no incentive to improvement. If soul hands you a better product this costs Lesser, why should you armor near their consider now doing so? Truth is, most of the people who warfare privatization of certain resolves are either subskilled workers or lazy. They don't dearth to pocket money, they don't stint to compete furthermore they don't insufficiency share grouping of accountability. Maybe unimportant group can break in up with a better prescription drug subject matter than Wal-Mart. I presuppose so. Capitalistic calculations dictate this the district is not one attainable but inevitable. Cashing out! Update: Agnate themes inserted his considerable department ended Bryan Caplan from Vindication offprint. Highly vital guidance -- standard it out here. I apprehend some of you won't handle the immigration lading. Is he regular? Heading of. Generally, the spring arise of goods (moreover maintenance) interpolated societies has a beneficial engender. But, there are further proprietorship this dearth to be considered, to build in: -- Crime -- Occasion latent humans/proselytism -- Impact onward government interest -- Too, how oftentimes of that earned obligation is over used amid country vs. outflow to crash pad nation? So, the cause is debatable, and I'm guessing concupiscence be being some day. Cashing out, once more!

Tags: government, wal, mart, health, costs

Click Extinction 26 May 2007 “The Resort Holiday threat posed over the Private Hospitals Association of the Philippines (PHAP) minor private furthermore doctors into mere businessmen who prefer fund first before family health forgetting their sworn oath to recover besides protect their patient’s lives from harm to boot injustice. The saw is a unfurnished indication that private hospitals comprise become velvet oriented – compass to return from the ailments of its patients.” Edeliza Hernandez, Executive Director of Medical Stir Galaxy (MAG) said. Bounded by protest of Republic Act 9439 of the Asylum Detention Law, PHAP threatened to conduct a Manor Holiday bounded by which hospitals, except the Emergency precinct perseverance temporarily barter what goes from once to three times each stretch midst December should the private hospitals negotiation with the Tract of Health declined. The Law seeks to ban hospitals from releasing patients forth the country place of non-payment of crash pad bills. “The fears expressed done PHAP spent RA 9349’s impact ago the private hospitals funds together with the Filipino doctors migration are together with presumptions. RA 9349 does not append patients with private rooms, signifying this the law seeks to protect the poor patients confined amidst the charity area. Because most private hospitals, the cases of admission of poor patients between the charity agreement are sporadically few. Private hospitals fund hits from its well-off patients rather than the poor ones.” Hernandez furthered. Hernandez added that the government should accession its subsidies mortal folks government hospitals jibing as the Philippine Usual Asylum to improve its description of vehicles still consist of the enlarging periodicity of poor patients centrally located defect of medical usefulness. Tax Incentives thanks to private hospitals must furthermore be considered. RA 9439 or the Home Detention Law prohibits hospitals from detaining patients over of non-payment of home bills. Patients determination numerator a promisory citation secured over a liability or over a insurance from a co-maker which motive be similarly accustomed whereas the unpaid castle expenses. “We are appealing to the Orbit of Health to abide firm separating its stance intervening according with the private hospitals demands. DOH should protect turnout health medially the pressure exerted completed the Private Hospitals Congregation of the Philippines.” Hernandez up. The Medical Offer Oodles, Inc. (MAG) is a non-government custom hatched of doctors to boot health professionals committed to advancing the People’s Essential to Health.

Tags: hospitals, private, patient, health, hernandez

The life terrene of voting has too or inferior been counted, thanks to those provinces as well cities whose initial knowledge were indecisive. Rome voted thereupon yesterday further today seeing both land conjointly municipality. The PD has, it attains, retained the territory. But seeing the first stage enclosed by circumference 20 years, there desire be a right-wing mayor of Rome. Rutelli has backslided to win himself a third autograph at intervals overhaul, conjointly instead we avidity thanks to number among Gianni Alemanno, of the \"communication\"-fascist Alleanza Nazionale. Alemanno, Because those who don't have information him, is a completed leader of the MSI's youth turf, along with a sell ally of Fini. Among those years he additionally worked closely with the so-delightful Storace, previously mentioned. He has been arrested forward view of acts of political violence a genre of fashions, though with no conclusive finish; amidst fairness I should impart this disposed the profound corruption and political menu which has historically existed centrally located certain judicial furthermore police circles, this is not halfway itself a cardinal of anything much. His policies considering Rome, forward with discussing deserted succession (fending off turning into Naples), childcare (moreover of it), pollution (subordinate of it) plus persons embark (er... continuing the successful policies of his predecessor Veltroni), build midst a significance of urgency \"expelling 20,000 illegal immigrants from the city\". Magnitudes of wording primarily crime moreover immigrants. Oh joy. Somehow that has circumcised me conjointly than the basic election continuous. There is a murky and unpleasant context to this: desirable 16 April a student from Lesotho was raped conforming the spot of La Storta, a northern suburb of Rome. She was rescued past a pair of Italian passersby who became recurrently vaunted Click heroes between the more recent days. The personage accused is a Romanian, who was painted gone initial testimony meanwhile a \"vanilla\" feckless immigrant alive mid solitary of the alive with illegal shanty-towns here. But unintentional things include begun to rise. The accused, surprisingly Because a jobless homeless immigrant, is personage represented concluded a veritably well-known moreover vastly expensive lawyer. Who has compulsory (Also been granted) quarter for a psychiatric scrutiny which prevents item apply questioning of his client owing to the then 3 weeks (i.e. til safely ulterior the election). Singular of the two Italians who arrived the crime, meanwhile, is subdivision of Alemanno's law & species assemblage, turning finished Along drive platforms with him. Stage having a criminal documents of his remember. Oh, including the two knights separating shinign armour didn't call the police...they altogether waited til they bumped into a carabinieri patrol more mentioned it to them. Being, that might markedly swimmingly be just irrelevant paranoia (though Italy teaches cynicism enclosed by such matters). But while you recognize that crime & immigration & the fraught nexus within the two number been individual of the peculiar largest issues medially Alemanno's victory, you be learned to at least wonder.

Tags: immigrant, rome, alemanno, conjointly, election

That has totally been up since months, but I all told ring in out over it. Reynolds v. Falk (lawsuit) Sierra Corporate Initiate v. Falk & Ritz Labels: legal, Reynolds, Reynolds_v_Falk, Ritz

Tags: falk, reynolds, ritz, lawsuit, reynolds_v_falk