Dave Stafford for www.theindianalawyer.comAn Evansville-based plastic supplier’s insurer is not required to indemnify the company against a $7.2 million jury award for producing a defective product, the 7th Circuit Court of Appeals affirmed Monday.The court affirmed the entry of summary judgment for Illinois National Insurance Co. in a suit filed by Berry Plastics Corp. — now known as Barry Global Inc. — stemming from a case dating back more than a decade.Berry supplied a foil laminate product to Packgen, which manufactures specialized containers for bulk quantities of industrial chemicals, manufacturing byproducts, and other materials. Packgen worked with a customer, CRI Catalyst Co., to develop a new type of intermediate bulk container to store and ship a catalyst used in refining crude oil. The containers could be collapsed for pre-use storage, saving space and money, and CRI had interest in the containers from other companies.By April 2008, Packgen was selling more than 1,200 containers a month to CRI and anticipated comparable future sales, when a container full of catalyst failed and other failures followed, some resulting in fires when the highly flammable catalyst was exposed to air. Packgen determined the foil laminate Berry delivered was defective, and CRI canceled all future orders.Packgen then sued Berry in Maine, winning a federal jury trial damages verdict of $7.2 million — the full amount Packgen sought for its out-of-pocket costs and for lost future sales. Berry then demanded Illinois National indemnify it for all for the first $1 million of the damages, which was covered under a separate policy, under the Illinois National policy’s property damage clause.Judge Richard Young in the Southern District of Indiana, Evansville Division, last year granted summary judgment to Illinois National, and the 7th Circuit affirmed in Berry Plastics Corporation v. Illinois National Insurance Company,17-1815.“A jury ordered Berry to compensate the customer for the profits it could have expected to earn on future sales had the failure caused by Berry’s defective material not caused buyers to turn away from the containers,” Judge Ilana Rover wrote for the panel. “Berry contends that it has been held liable for its customer’s lost profits because of the property damage its defective component caused to the customer’s containers.“Although we agree with Berry that some portion of the lost profits theoretically might be attributable to property damage, Berry has neither undertaken to make that showing nor demanded the opportunity to do so. For that reason, we affirm the district court’s entry of summary judgment in favor of Illinois National.”The 7th Circuit also rejected Berry’s bad-faith claim against Illinois National, noting that remanding for further discovery on that argument would be “a license for a pointless fishing expedition.”FacebookTwitterCopy LinkEmail
We hope that today’s “READERS FORUM” will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way? WHATS ON YOUR MIND TODAY? WHATS ON YOUR MIND TODAY?Todays“Readers Poll” question is: Do you agree with Mayor Winnecke that he is keeping a healthy line of communication between the city administration and the business community?If you would like to advertise on the CCO please contact us [email protected]: City-County Observer Comment Policy. Be kind to people. No personal attacks or harassment will not be tolerated and shall be removed from our site.We understand that sometimes people don’t always agree and discussions may become a little heated. The use of offensive language, insults against commenters will not be tolerated and will be removed from our site.FacebookTwitterCopy LinkEmail
Twitter Pinterest WhatsApp WhatsApp (Photo supplied/ABC 57) Mishawaka Police confirmed on Saturday, Sep. 12, that there was an altercation with multiple shots fired at University Park Mall.The incident happened near the pet store entrance, near State Road 23.Metro Homicide was on the scene and the Mishawaka Police said it was not an active shooter situation. At 3:45 p.m. the MPD confirmed the situation was under control.St. Joseph County coroner Mike McGann confirmed that one person was dead of a gunshot wound inside the mall. At 5 p.m. the homicide team was still working the scene.The victim was identified as Delaney J. Crosby, 23.People were asked to stay away from the mall while the investigation was underway.Just talked to one dad who’s teen child is still stick inside the mall.Lt. Williams of MPD confirms situation is under control and metro homicide has taken over.— Vahid Sadrzadeh (@VahidTV) September 12, 2020The St. Joseph County Metro Homicide Unit released the following updated information:At approximately 2:56 p.m. today 9/12/20 the dispatch center received numerous 911 calls reference a shooting inside the mall. Several municipal agencies and the State Police rushed to the scene. Upon arrival it was discovered that a African American male had been shot at least once and was deceased. Officers quickly secured the immediate area inside the scene and secured witnesses. Offices then formed a search and rescue team clearing the entire mall and stores searching for any additional victims or suspects. None were found. The mall has been closed and will be closed for the remainder of the day. It appears that this was an isolated incident where two men began arguing with each other. The suspect produced a handgun and shot the victim. This is NOT an active shooter situation. The entire mall has been secured and locked down for purposes of collecting evidence. At this time we are currently interviewing several witnesses who may have seen the shooting. Crime scene technicians are diligently working to obtain physical evidence at the scene and reviewing security camera footage.The victim has been identified as Delaney J. Crosby, 23.There are no suspects in custody as of this release. We ask that anyone who may have seen the shooting or has information to call Metro Homicide at 235-5009 or Crime Stoppers at 288- STOP. By Tommie Lee – September 13, 2020 6 3485 Google+ Pinterest Twitter IndianaLocalNewsSouth Bend Market Google+ Facebook Victim shot, killed at University Park Mall identified Facebook Previous articleResidents displaced after fire at Beacon Heights ApartmentsNext articleWoman, 37, found dead on East Fairview Ave. in South Bend Tommie Lee
My NOLA Jazz Fest memories date back to my high school days when my jazz program took me there for a national high-school jazz competition. It was the beginning of me traveling a few thousand miles to play music. We won that competition, and I boarded the plane with powdered sugar from Cafe Du Monde on my shirt and a smile on my face. Sixteen years later, I’m coming back with that same smile and a show of my own, Z-Funk—a mash-up of two bands that have had a profound influence on my career: Led Zeppelin and P-Funk (Parliament Funkadelic).With a great partnership with Live For Live Music, I’ve put on a dozen of my own shows in New York City over the last couple years, but putting one on during Jazz Fest feels different. The stakes are higher, everyone wants to do their absolute best, and we can play with truly great musicians. There is no shortage of them at Jazz Fest.I’ve tapped Roosevelt Collier and Brandon “Taz” Niederauer for the guitar line. Those two are ridiculous. Roosevelt’s new album, Exit 16, just came out on GroundUP’s label, and it’s superb. Michael League of Snarky Puppy did a stellar job as always. Taz was just on Jesus Christ Superstar with John Legend—on national TV. So, yeah, those two, huh?Rob Walker from The Main Squeeze was an exciting choice for me. We played together on Jam Cruise this year, and I fell in love with his groove. I had to get more of that shit, so here he is. Then, Steve Swatkins on keys and talkbox—nuff said. Mike “Maz” Maher and Chris Bullock of Snarky Puppy on horns, plus Shira Elias [vocals, Turkuaz] and lots of special guests. I work with the three of them as often as I can, and they never let me down. They’re some of the best in the business, and I’m proud to have them.This show, for me, is about letting people know where I come from. This is it. Think about John Bonham roasting a bone and climbing onto the Mothership. It’s gonna be a party. Heavy on the one, and full of all that good ol’ late-night Frenchman St. madness. See y’all there…If you’ll be down in New Orleans for Jazz Fest, don’t miss Z-Funk: A Tribute To Led Zeppelin & Parliament Funkadelic featuring Michelangelo Carubba & Shira Elias (Turkuaz), Roosevelt Collier, Brandon “Taz” Niederauer, Steve Swatkins (Allen Stone), Rob Walker (The Main Squeeze), and Chris Bullock & Mike “Maz” Maher (Snarky Puppy) at The Maison on Sunday, April 29th. For more info, click here; to purchase tickets, click here; and for our full guide to Jazz Fest late nights, click here.The Z-Funk show is sponsored by Denver-based company, Pure CBD Exchange, which creates and sells a number of CBD/cannabidiol products (What is CBD?) from concentrates, tinctures, extracts, lotions, creams, and more. The use of CBD has gained much notoriety as of late, for use as both a health and wellness supplement and to treat conditions such as epilepsy, PTSD, cancer and a number of mental disorders and is also used for anti-inflammation, nausea reduction, sleep aid, and more. Pure CBD Exchange was co-founded by Gregg Allman Band organist/keyboardist Peter Levin back in 2017.Pure CBD Exchange focuses on low-THC cannabis products with high CBD content. We work within the Colorado Industrial Hemp pilot program to distribute non-psychoactive tinctures, extracts, lotions, and more all over the world. The company has featured by companies like VICE, High Times, Leafly, and more.
I still remember our very first DWEN (Dell Women’s Entrepreneur Network) Summit. 50 inspiring women from 11 countries joined us on June 19, 2010, in Shanghai, China. The goal? To collectively discuss how we could remove unique barriers for women entrepreneurs to succeed…namely, access to capital, technology, networks and advocacy.Fast forward to this past week, nine years later…we hosted our 10th annual DWEN Summit in Singapore, and our network has grown to impact more than 5,000 women from 42 countries!Joining us this year were more than 100 women entrepreneurs, investors and the next generation of pioneers – girls from around the world who joined us to participate in Girls Track. While the landscape for women entrepreneurs has certainly improved in the past decade, there is still so much we can achieve by coming together to Share, Inspire and Transform our businesses and world.Dell’s commitment to entrepreneurs and small businesses goes way back. From day one, we’ve operated with an entrepreneurial mindset – after all, we were founded in Michael Dell’s dorm room!Beyond our own entrepreneurial roots, Dell has a proud history of supporting the movers and shakers, the doers and the dreamers. Check out some of our proudest moments of progress in this short video!In addition to inspiring keynotes, deep-dive workshops and ample time for networking, at this year’s summit, we released our annual WE Cities research. For the past 10 years, we’ve invested in annual research to better understand the obstacles standing in women’s way of not just starting a business, but growing it. More recently, we’ve focused this research on a city’s ability to foster growth for women entrepreneurs.This year’s report gave us great news – all 50 cities improved their score since we last measured them in 2017! Among the few highlights:San Francisco overtook New York for the #1 spot!This was largely due to a big improvement in the city’s culture ranking, which shows that public dialogue around eliminating workplace bias is really starting to make an impact.Dell has a long history of presence and advocacy in California. Just last year, we took our WE Cities research to California State legislators to show why entrepreneurs need innovative technology to grow, supporting the creation of the California Department of Innovation. This will help the state adopt emerging tech from entrepreneurs to offer better services to its citizens – a win-win for all involved.Mexico City saw the greatest improvement from 2017 – moving from #45 to #29!Critical to achieving this huge jump is the incredible increase of women in education and legislature in Mexico City. The city also increased corporate vendor procurement programs and access to capital for women entrepreneurs through crowdfunding campaigns.We were so excited to see this progress, as our Government Affairs team has been especially active in Mexico City over the past few years, in partnership with government officials, media and the UN Foundation.Specifically, we’ve focused on empowering youth to pursue entrepreneurial paths…so I love seeing the city’s uptick in female representation and role models, which will only accelerate the next generation’s opportunity!Dell’s home cities of Austin and Boston held strong, with Austin moving up to #14 and Boston holding strong at #4.We continue to invest in our local communities, because we know this translates into global progress.In Austin, we have numerous local partnerships and a huge presence at global events like SXSW, where we host members of Congress to advocate for entrepreneurs and small businesses. And in Boston, we’ve brought our research into conversations with more than 150 local policymakers and private sector leaders to actively shape of proposals implemented in the city.While all of this progress is so encouraging – there is still room for A LOT of improvement across the board. We can’t rely on our past progress and we can’t stop advocating until the playing field is equal for ALL entrepreneurs, ALL over the world.So where do we go from here? I was excited to announce at DWEN the evolution of our network, giving a view of how we will offer even more value to all of our members over the next 10 years:Growing the network by broadening criteria for inclusion and expanding local chaptersInvesting in educational content, offering webcasts, live virtual events and moreAligning with our small business division, providing unique promotions and discountsHosting more DWEN events during the year at our regional Dell Technologies Forums, with the first taking place in Utrecht, Netherlands on Dec. 3!Ten DWEN Summits later, I am feeling more hopeful than ever of the opportunity we’ll unlock in the next decade – how we’ll share with each other to transform and inspire the next wave of progress.With 5,000 women who are breaking down barriers and the emerging force of trailblazing girls in our ranks, I can confidently say the opportunities are endless.Here’s to the next 10 years! Are you a woman entrepreneur and want to join DWEN? Apply here.
View Comments Star Files Related Shows Daveed Diggs has been non-stop since his Tony-winning turn in Lin-Manuel Miranda’s revolutionary hit Hamilton. Between releasing Splendor & Misery, the latest album from his experimental hip-hop group “clipping.” and filming season three of ABC’s Black-ish, the original cast member stopped by on Jimmy Kimmel Live! to talk about his last days in the tuner, the folks taking over his role as Marquis de Lafayette and Thomas Jefferson (including Seth Stewart) and some special audience visitors (Meryl Streep and Jay-Z, to name a few). The most important Hamilton visitor for Diggs? “My mom was there like every other week,” he said. “If you need Hamilton tickets, you talk to my mom!” Noted! Watch the interview below. Daveed Diggs from $149.00 Hamilton Daveed Diggs
The chief executives of Vermont s leading businesses seem cautious over capital expenditure and employment levels for the summer and fall when compared against expected increases in their sales volumes for that same time frame. In general, however, the attitude of the business community appears to have stabilized from the last quarter. The current mood was assessed at the end of June and released today by Vermont Business Roundtable Chair Bill Stritzler and President Lisa Ventriss. Interestingly, in all three areas of sales, capital expenditures, and employment levels, our members responses appear to be slowly moving in a more positive direction, which suggests that employers may be starting to feel better about their future prospects, said Ventriss. Chair Stritzler, who is managing director of the Jeffersonville-based Smugglers Notch Resort, says the results of the CEO survey echo similar results of the National Business Roundtable. Though economic conditions are still difficult, conditions appear to be improving among our members and we re finding fewer negative outlooks.The Roundtable s CEO Economic Outlook Survey provides a forward-looking view of the economic assumptions and attitudes of chief executive officers for 100 of the state s top employers. All sectors of Vermont s economy and all geographic regions are represented. The response rate for this quarter was 47 percent. Historically, rates have varied from 40 to 73 percent. 1. How do you expect your company s sales to change in the next six months? SalesINCREASENO CHANGEDECREASEQ1 200483%13%4%Q2 200480%15%4%Q3 200471%25%4%Q4 200477%22%1%Q1 200578%19%3%Q2 200575%23%2%Q3 200574%24%2%Q4 200572%24%4%Q1 200678%20%2%Q2 200678%22%0%Q3 200669%25%6%Q4 200673%23%4%Q3 200851%35%14%Q4 200827%46%27%Q1 200933%30%37%Q2 200941%31%28%Totals may not equal 100 due to rounding.2. How do you expect your company s capital spending to change in the next six months?CapitalINCREASENO CHANGEDECREASEQ1 200462%30%8%Q2 200443%41%15%Q3 200451%42%7%Q4 200445%46%9%Q1 200555%37%8%Q2 200549%43%8%Q3 200557%38%5%Q4 200550%35%15%Q1 200645%45%10%Q2 200653%40%7%Q3 200640%50%10%Q4 200656%39%5%Q3 200838%42%20%Q4 200817 %43%40%Q1 200912%38%50%Q2 200917%51%32%Totals may not equal 100 due to rounding.3. How do you expect your company s employment to change in the next six months?EmploymentINCREASENO CHANGEDECREASEQ1 200457%38%4%Q2 200450%48%2%Q3 200459%37%4%Q4 200458%39%3%Q1 200555%38%7%Q2 200549%42%9%Q3 200549%44%7%Q4 200560%35%5%Q1 200654%39%7%Q2 200650%45%5%Q3 200643%49%7%Q4 200653%41%5%Q3 200840%42%18%Q4 200825%35%40%Q1 200923%37%40%Q2 200921%50%29%Totals may not equal 100 due to rounding.
September 1, 2004 Regular News How to sue an LLC member Without piercing the corporate veil < p> James W. Martin < p> For business owners who think they can form a limited liability company and avoid personal liability, a Florida appellate court has a message: Think again! Just as an individual corporate officer may be held personally liable for negligence, so may a member of a limited liability company (LLC) be held personally liable for negligence. In Estate of Canavan v. National Healthcare Corp., 2004 Fla. App. LEXIS 10998 (Fla. 2nd DCA, July 23, 2004, Case No. 2D02-2438), the trial court granted a directed verdict in favor of a member of an LLC that operated a nursing home. The trial court accepted the LLC member’s argument that he could not be held personally liable as a managing member of the LLC, or as an officer of the corporation that was manager of the LLC, without piercing the corporate veil. The appellate court reversed on the basis that negligence is tortious conduct which is not shielded from personal liability, hence it was not necessary to pierce the corporate veil in order to keep the alleged individual tortfeasor/member in the lawsuit as an individual party defendant. The court cited a 1999 Florida case that held officers of a corporation may be personally liable for their own torts even if their acts are performed as corporate officers. Fla. Specialty, Inc. v. H 2 Ology, Inc., 742 So.2d 523 (Fla. 1st DCA 1999). In the Canavan case, the plaintiff sued for damages suffered by the decedent while residing in a nursing home operated by 1620 Health Partners, L.L.C., a Florida limited liability company. The manager of the LLC was a corporation, Southern Hospitality Developers, Inc. An individual named Roger Friedbauer and his wife were members of the LLC. They were also the only “principals or shareholders,” to use the court’s words, of the LLC and corporation. The corporation had no full-time employees. The plaintiff sued the LLC, the corporation, and Roger Friedbauer, personally. The plaintiff successfully argued that it had presented evidence that Roger Friedbauer was negligent in that he was responsible for approving the nursing home’s budget, that he functioned as the sole member of the governing body of the nursing home, that federal law (42 C.F.R. Sec. 483.75(d) (2002)) makes the governing body legally responsible for establishing and implementing management and operation policies, that he ignored complaints of inadequate staffing while cutting operating expenses, and that the pressure sores, infections, and other medical problems suffered by the decedent were the direct result of understaffing of the nursing home. The appellate court granted the decedent’s estate a new trial against Roger Friedbauer. This case is a reminder that the limited liability protection offered by an LLC is not absolute. Just as an officer of a corporation may be held liable for his or her own personal negligence while acting in that capacity, a member of an LLC may also be personally liable for his or her own personal negligence or other tortious conduct while acting on behalf of the LLC. To expect otherwise would be asking for a license to be negligent, which at least one Florida court will not grant. James W. Martin is a corporate, real estate, and probate lawyer in St. Petersburg whose articles and books have been published by Thomson/West Group, The Florida Bar Journal and News, and ALI-ABA Practical Lawyer. See www.jamesmartinpa.com for other articles. How to sue an LLC member
YouTube is reportedly testing new video quality settings that will automatically adjust the playback resolution based on data-usage preferences. The new settings dropdown, currently being tested in beta, will be a departure from the current settings on YouTube that allow users to pick a specific resolution – between 144p and 4K – for streaming videos. The options that the new menu will reportedly include are auto, higher picture quality (more data usage) and data saver, along with an advanced option to choose a specific resolution.As reported by 9to5Google, along with the new set of video quality options, the YouTube video settings menu under testing will also specify the current resolution of the video on top. And will give users the option to select different default settings for streaming videos on Wi-Fi and mobile data.- Advertisement – The options are reportedly being tested on a beta version 15.45.32. It is unclear at the moment if YouTube will be rolling this feature out to more users in the coming days. The report also does not specify if the video quality settings menu will be altered for all users globally or limited to certain regions.Which is the best TV under Rs. 25,000? We discussed this on Orbital, our weekly technology podcast, which you can subscribe to via Apple Podcasts, Google Podcasts, or RSS, download the episode, or just hit the play button below.For the latest tech news and reviews, follow Gadgets 360 on Twitter, Facebook, and Google News. For the latest videos on gadgets and tech, subscribe to our YouTube channel. – Advertisement – Tanishka Sodhi Tanishka Sodhi is a sub-editor at Gadgets 360. As a journalist, she has covered education, culture, and media and mental health. She is interested in the intersection of technology and culture, and its impact on everyday lives. Tanishka is a staunch advocate of gender equality, and the correct use of commas. You can get in touch with her via Twitter at @tanishka_s2 or drop a mail at [email protected]
As no one admitted doing so, the student — who requested anonymity — said the seniors scooped the human feces with a spoon and force-fed it to each of the 77 junior students. The junior students accepted the mistreatment as they were too frightened to fight back, the student said. “It was very disgusting, but we could not fight back,” the class VII student said. He said after the incident, the senior students warned them not to report the incident to their parents. Read also: Stronger efforts key to improving child protectionOne of the victims, however, decided to run home and tell his parents about the incident, which was later made public after one of the students’ parents protested on a WhatsApp group handled by the school’s public relations officer on Friday.Maria Flora, one of the parents, said that she was disappointed, describing the incident as inhumane. She demanded the seniors involved in the abuse be exposed and punished for their actions. “This incident would not be accepted in any nation in any part of the world […] Maybe the people who punish their juniors this way have mental issues,” Maria said, as quoted from her statement in the WhatsApp group made available to The Jakarta Post. Another parent, Hetty Hendriyani, also expressed her anger.“We send our children to the seminary school so that they can learn to be good people, not to be treated in this way. This is extremely disappointing,” she said.The SBS seminary declined to issue any official statement when contacted by journalists about the incident. However, kompas.com reported that the school would hold a meeting with the students’ parents to discuss the matter. (gis)Topics : Some 77 students of class VII of Bunda Segala Bangsa (BSB) seminary junior high school in Maumere, East Nusa Tenggara (NTT), were reportedly “punished” by two senior students and forced to eat human feces last week.One of the students who had been subjected to the abuse said the incident began when they came back to the school’s dormitory to take an afternoon rest after lunch. When they arrived at the dormitory, one of the senior students said he had found human feces in a bag inside a cupboard that was usually empty. The seniors called all of the junior students and asked them who put the feces inside the cupboard.