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DocuPortal Dipl

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Then, for example, through common browser and here without safety-critical components are accessed. You can import existing files and folder structures. The files are analyzed and then via the full text search and freely definable additional fields much faster to find, as on the classic search in the file system. Through a direct link to silent cubes, DocuPortal users now benefit from the ability to keep their documents at low cost, straightforward and in particular compliance with the law. At the same time all necessary functions for centralized management available via DocuPortal all Information is available. The storage technology of the silent cubes with silent cubes has the Munich FAST LTA AG (LTA is for Long Term Archiving) developed a modern, disk-based storage system, which is characterised by a safe and particularly energy-saving operation. The silent cube storage system allows in particular audit-proof archiving data, subject to statutory regulations and requirements for storage. In addition to the preservation of any documents, also the associated index data, profiling data, and runtimes are so-called “retention” saved and stored on high-performance, non-overridable and not erasable disk save with hardware WORM technology until a defined date.

The data are sealed by the hardware and cannot be changed for the entire duration of the archiving period. Learn more at: Adroll Marketing Platform. Integrated components for backups also enable a replication on another, highly redundant silent-cube systems, so this possible data loss almost can be excluded. The modular design and scalability, it can be individually extended several silent cubes to a disk group. About company DocuPortal about 270 customers the DocuPortal already use ECM suite for a wide range of challenges in different sectors and sizes of business. The high satisfaction of our customers is among the high ranking in the Benchpark rating portal. In professional circles, the compact DocuPortal ECM solution is recognized. 2008, BARC and dsk Beratungs-GmbH DocuPortal tested successfully. Essex Financial oftentimes addresses this issue. The Initiative Mittelstand has DocuPortal 2006, 2007 and 2008 an innovation SMEs awarded prize.

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Watchful eye

Delaney Ziegfeld, 3 1/2 watches her father. Steve Ziegfeld, who is being deployed today. Deployment Ceremony for the B-3-126th GSAB which is an aviation unit of about 60 soldiers from the Maryland National Guard. They are being deployed to Afghanistan. The ceremony was held at the Aberdeen Proving Ground.
Lloyd Fox, Baltimore Sun
Copyright © 2018, Los Angeles Times
EDITION: California | U.S. & World


text:
Canucks storm past Kings in third period, 4-1

Canucks storm past Kings in third period, 4-1
Kings center Anze Kopitar (11) tries to score on a wrap-around shot against Canucks goalie Eddie Lack in the second period. (Jae C. Hong / Associated Press)

Their loss of discipline was swift as the Kings unraveled in the third period against the Vancouver Canucks and just as quickly they lost ground in the Western Conference playoff race.

Two potential points vanished at Staples Center on Saturday afternoon in a heated affair that mirrored a playoff game. Vancouver scored four unanswered goals in beating the Kings, 4-1, the first time the Canucks have defeated them this season. The lone Kings goal came from Marian Gaborik in the second period.

Of the Canucks' three third-period goals, one represented a true turning point when Radim Vrbata scored five-on-three at 4:31 to put Vancouver ahead for good.

That was set up when, in the span of 1:03, the Kings lost their usual composure: Defenseman Drew Doughty took a slashing penalty against Derek Dorsett and forward Tyler Toffoli received a five-minute major and automatic game misconduct for boarding against Alex Burrows.

That cost the Kings when Vrbata scored 26 seconds later. Vancouver would withstand the Kings' late push and scored two empty-netters in the final minute, by Daniel Sedin and Bo Horvat, the latter a short-handed goal.

Burrows was slow to leave the ice after getting cross-checked into the boards, but he later returned to the game. Toffoli spoke about the cause and effect of the major.

"Yeah, it sucks," he said. "I wish it didn't happen. I wish we won the game. It feels like it's on my shoulders right now and it's not a good feeling."

He was short on specifics of the play.

"I haven't seen the replay," Toffoli said. "I don't really know what happened. It all happened pretty quickly. I haven't seen anything yet. I don't really remember what happened.

"The way everything turned out … I came into the room and I haven't really thought about it too much."

Said Kings captain Dustin Brown: "They got a five-on-three goal, a big goal for them and we couldn't find a way to climb back."

A side note was a feisty moment or two between Kings goalie Jonathan Quick and the Canucks' Henrik Sedin in the first period. Adding to the drama, Vancouver goalie Eddie Lack skated to center ice, and he later told reporters that he would have accepted Quick's fight challenge.

But …

"I wanted to go up there and show myself a bit," Lack said. "He's probably a little bit meaner of a guy than I am."

The out-of-town scoreboard, meanwhile, didn't help the Kings, either. Minnesota, which holds the first wild-card spot, beat St. Louis and leads the Kings by five points. The Kings are four points behind the second-place Canucks in the Pacific Division and trail third-place Calgary by two points as the Flames picked up a point with an overtime loss to Columbus.Winnipeg, which holds the second wild-card spot, defeated Washington, and leads the Kings by four points.

"The bottom line is that you can't win with just one goal," said Gaborik, who gave the Kings a 1-0 lead when he scored on the power play 24 seconds into the second period. Nick Bonino tied it later in the period.

Rookies Nick Shore and Andy Andreoff have combined for one goal in 40 games and Kings Coach Darryl Sutter addressed the shortcoming at center. "You've got to produce," Sutter said. "We've got guys who have played 20-something games, and we're into the stretch part and they've got one or no goals."

Kings center Jarret Stoll, who has missed four games, has started riding the bike again, following protocol required after suspected head injuries. Kings General Manager Dean Lombardi told Times columnist Helene Elliott that center Mike Richards now could be joining the Kings in New Jersey for the start of their five-game trip.

Richards, who was sent to the minors after clearing waivers shortly after the All-Star break, has been working out in Los Angeles. He played 16 games with Manchester of the American Hockey League and in his favor is that Sutter has immense trust in veterans.


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Intrigue-filled inquiry: Alexander Litvinenko and the radioactive tea

Intrigue-filled inquiry: Alexander Litvinenko and the radioactive tea
The son and widow of Alexander Litvinenko, Anatoly and Marina, arrive at the Royal Courts of Justice in London this month. (Justin Tallis / AFP/Getty Images)

In a nearly windowless courtroom in the east wing of London's Royal Courts of Justice, an inquiry is underway that bears all the trappings of a James Bond thriller.

Headed by a former high court judge, the investigation is seeking to establish whether former Russian spy-turned-MI6 informer Alexander Litvinenko was fatally poisoned in 2006 by radioactive polonium-210 slipped into his tea by two former KGB agents at one of London's most prestigious hotels.

Prosecutors are convinced that the men Litvinenko met with were responsible for his death and that it was a calculated, state-sponsored plot orchestrated by Russia's spy agencies, authorized at the top level of government. The highest level, in fact.

The pair, witnesses say, left a trail of the deadly, difficult-to-identify isotope in hotel rooms, restaurants and airplanes. Ultimately, they believe, that trail leads all the way to Russian President Vladimir Putin, who some think personally ordered the killing of Litvinenko, an outspoken critic of the Kremlin.

As fantastic as the evidence sometimes sounds, with mentions of men in wigs wearing sunglasses and homes being firebombed, the inquiry is not a movie plot but a window on modern-day espionage.

It portrays Putin as ruling through corruption and an iron fist, as well as a British government struggling to rein in an autocrat who refuses to be accountable, and it cuts to the core of the fragility and complexity of British-Russian relations in the post-Cold War era.

"It was an act of nuclear terrorism on the streets of a major city, which put the lives of numerous other members of the public at risk," Ben Emmerson, the lawyer representing the Litvinenko family, said in his opening statements. "The trail of polonium traces leads not just from London to Moscow but directly to the door of Vladimir Putin."

The gripping public inquiry, which began two weeks ago, is expected to last more than two months and hear from more than 70 witnesses. Chairman Robert Owen will issue a report, but cannot make findings of civil or criminal liability.

Among those who have testified are Litvinenko's wife, Marina, and their son, Anatoly, who recalled his father speaking passionately about the "honesty and transparency" of the British judicial system, compared with that of Russia.

Russia has refused to extradite the two men the British government believes killed Litvinenko, one of whom is now a deputy in the Duma. The men have denied being involved in Litvinenko's death, but have declined to provide testimony via video link.

Requests by Marina Litvinenko for a public inquiry were at first denied, partly, Home Secretary Theresa May acknowledged, for fear of offending Russia.

Marina Litvinenko appealed and her wish was finally granted, coincidentally or not, days after Malaysia Airlines Flight 17 was shot down over eastern Ukraine by pro-Russia rebels last year.

"This is as good as you get when you can't get an extradition," Marina Litvinenko's lawyer Elena Tsirlina said.

The events leading to what prosecutors believe was Litvinenko's brazen assassination stem from his career as a spy for the FSB, the successor to the KGB, where he specialized in organized crime.

In 1998, he publicly accused his bosses of seeking to kill oligarch Boris Berezovsky, and was swiftly blacklisted by Putin, then head of the FSB.

Litvinenko's family was threatened and he was prosecuted in Russia on "trumped-up charges" twice, though acquitted both times, Emmerson said.

When he heard he was to face a third set of charges, it was time to leave.

A complex operation to get the Litvinenkos safely out of Russia was set in motion with the aid of a network of well-connected Russian defectors. The family fled to neighboring Georgia, then Turkey and on to London, where, after arriving in 2000, Litvinenko claimed political asylum.

Berezovsky, who by that time had also fled to Britain, covered their expenses, amounting to $130,000 and a $6,000 monthly stipend, according to testimony by Alexander Goldfarb, a close friend who was with the family at the time.

The Litvinenkos moved into a house in a leafy middle-class area in the north of London, across the road from former Chechen separatist leader Akhmed Zakayev, whom Berezovsky was also helping financially.

But Litvinenko was unable to leave his past behind. The inquiry has repeatedly portrayed him as an obsessive man ferociously committed to exposing corruption and criminality within the Kremlin.

"He wouldn't stop," said Goldfarb, whose testimony was considered so sensitive that reporters had to watch via a video stream with a five-minute delay.

Litvinenko wrote two books in Britain, claiming among other things that deadly 1999 Russian apartment bombings that took nearly 300 lives were carried out by FSB officers to justify the second Chechen war and influence the political landscape, which ultimately brought Putin to power.

Litvinenko earned $2,000 a month from MI6, the British intelligence agency, from 2003 on as an organized crime specialist.

After the publication of his books, one former FSB colleague warned him to get his will ready. "You have been sentenced for out-of-court elimination," the email read.

His widow described someone "from the Russian Embassy" ringing their doorbell unannounced, and testified that their home and that of neighbor Zakayev were firebombed.

A final nail in Litvinenko's lead-lined coffin came when Russian journalist Anna Politkovskaya, a critic of Putin, was killed only weeks before his own fatal poisoning. Incensed, Litvinenko attended a meeting at London's Frontline Club where her life and death were discussed.

"Mr. Putin murdered her," he told the audience.

On Nov. 1, Litvinenko met with former KGB agents Andrei Lugovoy and Dmitry Kovtun, he said in a statement to police on his deathbed. He said the plan was to meet to discuss a business deal.

Lugovoy arrived first, and was drinking green tea from a silver teapot.

A waiter brought over a fresh cup and Lugovoy invited Litvinenko to help himself.

"There was only a little left on the bottom and it made just half a cup," he said in the statement to police. "I didn't like it for some reason.... I didn't drink it anymore. Maybe in total I swallowed three or four times."

That night, Litvinenko was in his bathroom vomiting violently.

At one point, foam came out of his mouth, along with "bits of stomach with blood," he told police. "I realized that I had been poisoned."

Litvinenko spent about 20 days in a hospital, his hair falling out and his organs slowly shutting down.

It was not until the day of his death, Nov. 23, that polonium-210 was found in his body, a rare and potent radioactive substance that is difficult to detect.

Had Litvinenko not been in such good physical shape, he might have died before doctors were able to discover what killed him, doctors said.

As his life ebbed, Litvinenko gave an interview to London's Sunday Times, signed an accusatory statement that his lawyer had drawn up and insisted on posing for a now-famous photograph that shows him lying in green robes in his hospital room hooked up to machines.

Another image of Litvinenko, taken a day later when his condition had visibly deteriorated, was shown last week for the first time. It shows him lying with a feeding tube in his nose; his eyes are only faintly open and look glazed. He died the following day.

"You may succeed in silencing one man, but the howl of protest from around the world will reverberate, Mr. Putin, in your ears for the rest of your life," read a statement released after his death. "May God forgive you for what you have done, not only to me but to beloved Russia and its people."

But the Russian political elite remained unfazed.

A representative of the political party that former KGB agent Lugovoy later joined made an announcement to the Duma on the day of Litvinenko's death: "The traitor received the punishment he deserved. I am confident that this terrible death will be a serious warning to traitors of all colors, wherever they are located. In Russia, they do not pardon treachery."

Boyle is a special correspondent.


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Law School Discussion

whast is outlining? Why do I care about it?

Re: whast is outlining? Why do I care about it?
« Reply #10 on: June 12, 2004, 09:35:50 AM »
You also asked about flow charts and note taking in class. I used flow charts for one class (Civil Procedure). I used it after I had already outlined and started studying. It was a way to test my knowledge and see if I was understanding the relationships between concepts. In general, I think you should use whatever works. The best advice I can give you is that the more you actually work with tne material, the better. If you have a system that works for you, use it. Above all else, do whatever it takes to understand the law at the minute level (black letter law, for example; the definition of intent for battery purposes), but MAKE SURE you can put it into some kind of a structure
(Torts: Intentional Torts, Negligence, Strict Liability).

As for note taking, I'm not sure what you are asking. I use a laptop (I wrote them by hand the first semester and it is much easier with a laptop). I try to figure out what the structure of the class is for that day (ex: Civil Procedure: Subject Matter Jurisdiction: Types: Diversity Jurisdiction and Federal Question Jurisdiction) and how it would fit in an overall structure for the class. And then I take notes. I might use a header: Diversity Jurisdition and take notes over all of the cases and what ever the prof says pertaining to diversity jurisdiction. Then, when the prof moves to federal question jurisdiction, I make a new header for that and do the same thing.

Re: whast is outlining? Why do I care about it?
« Reply #11 on: June 12, 2004, 09:45:07 AM »
As to your last comment, what you are feeling right now is perfectly normal. This is something that every new student goes through. You feel lost and not sure what to expect, how things work, etc. That is perfectly normal and every 1L feels that way. The best thing that I can recommend is to read the 1L primer books that are out there describing what law school is like and what happens,  how to do well, etc. They will not necessarily be on target for your specific school and they cannot give you THE method that will work for everyone, but it is a nice preview and it is something to make you feel better and not so lost.

If I can do anything else, let me know. I'll answer any questions that you have.

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Re: whast is outlining? Why do I care about it?
« Reply #12 on: June 12, 2004, 11:58:51 AM »
thanks so much LawGirl! i appreciate all the advice!

now when you outline, do you just use ms word or did you buy some of the special software that is out there like Inspiration 7.5?

Re: whast is outlining? Why do I care about it?
« Reply #13 on: June 12, 2004, 12:08:21 PM »
I just use MS Word. There are a lot of companies that make software for law school and I have seen some people use it. I'm sure it is helpful to some people. I don't use it because I prefer to create the outline myself. I feel like I get more out of it when I have to create it myself (another exposure to working with it to learn the material). I'm sure it is fine and there is nothing wrong with it. I just don't prefer it.

Re: whast is outlining? Why do I care about it?
« Reply #14 on: June 12, 2004, 12:29:26 PM »
Many thanks to eee for asking such good questions, and many, many, many thanks to lawgirl and egfmba for your responses.  This is one of the most valuable threads I've encountered.

Re: whast is outlining? Why do I care about it?
« Reply #15 on: June 30, 2004, 01:09:12 PM »
yeah this was the first thread that actually helped me in anyway thanks :)

Re: whast is outlining? Why do I care about it?
« Reply #16 on: June 30, 2004, 01:23:38 PM » totally rock! I have to agree that this thread was the most useful one I've read at LSD.

Just wondering if you followed the Planet Law School method since you did suggest reading primers on the subjects and so forth.

Re: whast is outlining? Why do I care about it?
« Reply #17 on: June 30, 2004, 01:47:37 PM »
You are all very welcome. I never read Planet Law School, but I did read a lot of the other popular primers. For me, it was a way to see what techniques were out there but really, it was to stop me from freaking out when I was waiting to start school. I really hated not knowing what things would be like, it made me uncomfortable. The techniques that I incorporated are probably a mixture of a lecture we received in law school and my own experiments.

The biggest thing that I can recommend is to learn the law but see the big picture and figure out how to apply it to more hypos than just the cases you are reading. If you can see how everything fits together (how that one, minute rule from that case a long time ago fits in as an explanation of one element: intent, how that element fits in as part of what has to be proven for a specific law: battery, and how that specific law fits into the body of law that covers that area: intentional torts for tort law) then you have suddenly conquered a large part of the game that others never do. Those are the ones that I have seen over and over again fail out. It was because they did not see how everything fit together. Do whatever you need to do: outlines, graphs, paste up charts on your wall if you have to. It will come together if you go in with that focus.

If any of you have other questions, I usually check in daily. Good luck to all of you.!!!

Re: whast is outlining? Why do I care about it?
« Reply #18 on: July 01, 2004, 01:32:53 AM »
Profoundly helpful, thank you lawGirl.

What law school are you attending?

Re: whast is outlining? Why do I care about it?
« Reply #19 on: July 01, 2004, 07:28:03 AM »
I started out at a fourth tier school. I transferred up to a first tier and still ended up in the top of my class (sorry, not trying to brag, but some think that if you attend 4th tier that you are stupid which is not so). I had an awful LSAT experience which held me back in choices for law school, but my first year grades in law school enabled me to transfer.


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Small Business, Enterprise and Employment Act 2015

Section 31: Section 28(2) (b): appropriateness of making provision for review

226.This section concerns the circumstances in which a Minister may publish a statement that a review would not be appropriate under subsection (2)(b) of section 28.

227.Subsection (2) provides two examples of such circumstances: where a review would be disproportionate (for example where the impacts associated with the measure are very small); or where there are specific policy reasons (for example an exceptionally high need for long term certainty). This is not an exhaustive list: there may be other grounds on which Ministers could decide that a review was not appropriate. Subsection (3) provides a power for the Secretary of State to publish guidance on the factors to be taken into account when determining that a review would not be appropriate. Subsection (4) requires Ministers to have regard to the guidance when making such a determination.

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text:
Woman fired for answering lesbian’s church question

An employment tribunal in West London has ruled in favor of a nursery worker who was fired after she responded to a co-worker’s questions about her church.

The report comes from the Christian Legal Center, an organization that concerns itself with issues of abortion, employment, same-sex “marriage,” religious freedom and Islam, among other controversial topics.

“In a brave judgment, the Watford Employment Tribunal chaired by Judge Broughton, found unanimously that Miss (Sarah) Mbuyi had been directly discriminated against because of her belief that homosexual practice is contrary to the Bible,” the report said.

“The tribunal recognized that while the employer was ‘not anti-Christian’ Miss Mbuyi had not been treated fairly and that the decision to sack her may have been made on ‘stereotypical assumptions about her and her beliefs.’”

Mbuyi, 31, was dismissed from her work at the West London nursery after responding to questions from a co-worker, the lawyers explained.

“She explained the biblical position on homosexuality and marriage. On 6 January 2014 her colleague at the nursery initiated the conversation and had asked whether she would be welcomed at church and whether God would approve of her civil partnership and allow her to marry in church.”

Mbuyi said, “God is not OK with what you do,” but “everyone is a sinner and God offers forgiveness.”

What is the faith of a Christian? Carl Gallups writes in “The Magic Man in the Sky: Effectively Defending the Christian Faith” about the truths of the Bible.

“When I said, ‘No, God does not condone the practice of homosexuality, but does love you and says you should come to Him as you are,’

she became emotional and went off to report me to my manager,” Mbuyi recalled.

The co-worker was identified by her initials and first name in the court document, but the ruling noted there was a permanent anonymity order in place to protect her.

The employer, Newpark Childcare, where Mbuyi had worked since early 2013, fired her for “gross misconduct” three days later, telling her she “breached equality policies and that she had harassed her colleague.”

The case was pursued by human rights barrister Paul Diamond, who uncovered during the course of legal arguments that the co-worker “had clearly indicated that she had first expressly brought up her sexuality in conversation with Sarah,” “she was the first to raise the issue of Miss Mbuyi’s church,” “she asked what Miss Mbuyi believed God thought about her living arrangements” and “she acknowledged that she took the conversation into the arena of homosexuality.”

The tribunal found, among other things, the employer either “pre-judged the outcome accepting unchallenged evidence that supported the stereotypical assumption and/or interpreted Miss Mbuyi’s evidence in an almost impossible way.”

In grilling Mbuyi, her then-employer had asked if she believed that the coworker was “wicked.” Her response was, “Yes, we are all wicked.”

The dismissal letter, the tribunal’s order said, “went on to reference the claimant’s belief that [coworker] was ‘wicked’ before concluding that this belief was as a result of [coworker’s] sexual orientation.”

“That was not something borne out by the notes which did not expressly link the word to sexual orientation and the claimant indicated she believed everyone was wicked. It was, in any event, not something that was alleged to have been said to [coworker] by the claimant, either at the time or, indeed, subsequently. No explanation was offered regarding why it was referenced at all.”

Newpark Childcare’s dismissal letter also has charged that Mbuyi’s gift of a Bible for a “secret Santa” event among staff members had demonstrated “that the claimant had ‘specifically targeted [coworker] because of her sexual orientation’ and that ‘this constitutes harassment.’”

“That was an untenable finding,” the tribunal’s decision, which was based on the European Convention on Human Rights, explained.

The decision noted: “The issues in this case arose out of the claimant’s belief that homosexuality is a sin. Such a belief has effectively already been accepted by the higher courts … as capable of amounting to one that attracts the protection of the Equality Act 2010. It was a genuinely held belief that was more than an opinion or viewpoint and had attained a certain level of cogency, seriousness, cohesion and importance. It is a belief worth of respect in a democratic society, is not incompatible with human dignity and is not in conflict with the fundamental rights of others.”

Damages were addressed by the tribunal only in that the judge wrote: “We are aware the claimant swiftly secured equivalent work and she gave evidence of little injury to her feelings. It is hoped that the parties may be able to resolve these and other remedy matters. If not they should provide dates of availability for August-October.”

Christian Legal Center CEO Andrea Minichiello Williams called it a “common sense” judgment that “shows understanding of the Christian faith and Miss Mbuyi’s freedom to live and speak it out in the work place.”

Mbuyi, who now is working elsewhere, told the legal center, “I hope that my previous employer and colleagues are well and will understand from this that my intention was for their best.”

Read more at http://www.wnd.com/2015/06/woman-fired-for-answering-lesbians-church-question/#7vemlWPXRXgfAw1z.99

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The Slow Living Life In South China.

by Fransisca Angela

I packed my bags and left Indonesia without holding on to any expectations since all I knew about China was that everything moves really fast and it gradually evolved to the second-leading country in the world. It was my first time travelling to China and I was truly grateful we decided to explore the South area.

I was completely blown away by the fact that people who lives in the South tend to be more relaxed, simply mastering the art of slow living life. I got to explore Guilin and Yangshuo with its beautiful scenery that surrounds the whole area of this small city. We took a day trip cruising around Yangshuo’s lake with the sun light directly breaking through our faces.

The journey continued by visiting relatives in Hainan and to be honest, life in the South was pretty much more interesting compared to other big cities in China we’ve always seen being exposed on the mass media. You can see the local people doing ordinary things with extraordinary joy. It will make you think of how one could simply just live a happy fulfilling life without trying too much. The locals’ charming and friendly personality is also the main reason this trip will always remains my favorite.

The best thing about travelling is when you find a spot to your new favorite words, and it all started when I greeted everyone with “ni hao” and suddenly I just simply felt closer to them.

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San Fernando Valley Los Angeles Attorneys
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Entries in franchise liability (4)

Freshii Not Joint Employer; 7-Eleven to Disclose Metadata

Franchise 101 News

May 2015

Franchise Lawyers*Certified Specialist in Franchise & Distribution Law, per the State Bar of California Board of Legal Specialization

David Gurnick Presents to ABA

David Gurnick, Certified Specialist in Franchise and Distribution Law, business litigation attorney and author, was invited by the American Bar Association to co-present a seminar for members attending the 38th Annual Forum on Franchising in New Orleans. The seminar topic is entitled Finders Keepers Losers Weepers: Opportunities, Risks and Considerations in Using Intellectual Property Created by Others. The event takes place in October.

Tal Grinblat published in Business Law News Annual Review

Tal Grinblat co-authored an article highlighting recent case law regarding franchising and legislation passed affecting both franchisors and franchisees in California. The article appeared in the State Bar of California's Business Law News, which publishes an update every spring. Click: Selected Developments in Franchise Law to read the article.

Are You Ready?

Upcoming state and federal laws go into effect soon. Click the links for more information:

FRANCHISOR 101: Freshii Not Joint Employer

Joint Employer Liability

The National Labor Relations Board ("NLRB") recently published a memo finding that Canadian fast-casual restaurant franchisor Freshii is not a joint employer of its franchisee's employees. The ruling concerns unfair labor claims made by an employee against a Chicago franchisee.

The ruling is important in light of another initiative at the NLRB, claiming McDonald's Corporation is a joint employer of franchisees' employees at many McDonald's locations.

In the Freshii case, a franchise owner fired employees who tried to organize a union. A regional NLRB branch requested advice from NLRB's general counsel whether to treat the franchisor as a joint employer, rendering the franchisor potentially responsible with the franchisee if the firings were found unlawful.

Under Freshii's franchise agreement, system standards do not include personnel policies or procedures. Even if Freshii shared policies with franchisees, each franchisee decided if it wished to use the policies in its own restaurant. The franchisees were solely responsible for setting wages, raises and benefits for employees. Freshii provided its franchisees with a sample employee handbook, but did not require the franchisees to use it. Potential candidates could apply for jobs with franchisees through the franchisor's website, but Freshii did not screen resumes or do anything more than forward them to its franchisees. Franchisees made their own hiring decisions. Freshii only passively monitored sales and costs, and the franchisor and any software it provided were not involved in scheduling workers.

In a key finding, NLRB's General Counsel noted Freshii stayed silent after the franchisee sought advice on how to resolve the union issue. After the union started to organize at the franchisee's restaurant, the franchise owner informed Freshii's development agent, but neither the franchisor nor the development agent advised the franchisee on how to respond.

Under the NLRB's current standard, joint employer status over franchisees' employees may exist if a franchisor "meaningfully affects matters relating to the employment relationship such as hiring, firing, discipline, supervision and direction." Freshii was found not to have a meaningful impact over the franchisee's hiring, compensation, scheduling, discipline, or ongoing supervision.

A broader standard proposed in several cases against McDonald's indicates the NLRB may look at "totality of the circumstances," including how the separate entities structure their commercial relationship, to decide if a franchisor influences working conditions of a franchisee's employees to the extent that collective bargaining cannot occur without the franchisor's involvement.

This so-called "industrial realities" test does not distinguish between direct, indirect, or potential control over franchisees' working conditions. Its broader scope would make more companies joint employers. In the Freshii case, the NLRB Memo said that even under the broader standard, there was no "joint employer: "Freshii does not directly or indirectly control or otherwise restrict the employees' core terms and conditions of employment." Therefore "meaningful collective bargaining could occur in Freshii's absence."

The NLRB's Freshii memo is good news for franchisors and provides guidance on steps franchisors can take to reduce the risk of being deemed a "joint employer" whether for matters concerning labor practices, or other vicarious liability matters.

To read the entire NLRB memo, click: Advice Memorandum re Nutritionality, Inc. d/b/a Freshii.

FRANCHISEE 101: 7-Eleven Ordered to Disclose Metadata

Litigation and Metadata

A federal court has ordered 7-Eleven to disclose its metadata in three franchisees' claims that they were targeted for termination for financial, political and racially discriminatory reasons. Metadata is deep down "data about data" in computer files. It is created when documents are created, collected and processed to be produced in discovery.

The franchisees sought metadata of documents 7-Eleven filed in litigation, including dates of creation, authors, custodians, dates of each modification, author of each modification, and data showing who documents were electronically sent to. The Court found the franchisees showed that many paper documents exchanged in discovery were missing source, date, and other key background. The Court rejected 7-Eleven's claim of hardship or undue expense to produce the metadata.

Read the Opinion and Order: Younes v. 7-Eleven, Inc. (D.N.J. 2015) 2015 WL 1268313.

This communication published by Lewitt Hackman is intended as general information and may not be relied upon as legal advice, which can only be given by a lawyer based upon all the relevant facts and circumstances of a particular situation. Copyright Lewitt Hackman 2015. All Rights Reserved.

Mixed Results in Delivery Driver Cases

Franchise 101

December 2014

How to Steer Clear of Franchise Financial Disasters

David Gurnick was quoted by CNBC regarding the necessity of research before investing in a franchise. To read the article, click: How to Steer Clear of Franchise Financial Disasters.

Comparing Franchise Relationships and Beer Distribution Relationships

Barry Kurtz and Bryan H. Clements had an article published in Orange County Lawyer, regarding the similar laws governing beer distribution and franchising. Click: Comparing Franchise and Beer Distribution Relationships for more information.

CalCPA Presentation

Tal Grinblat and David Gurnick presented a franchise law seminar to accountants of the California Society of CPAs' Los Angeles chapter. The seminar focused on accountants' roles in helping clients launch or operate franchise systems or operate as franchisees.

We Are Growing

We are pleased to announce the addition of Samuel C. Wolf to our Franchise and Distribution Practice Group. Sam earned his juris doctor at Southwestern Law School, where he was also a Dean's Merit Scholar and the recipient of a CALI "Excellence for the Future" Award (Trial Advocacy).

Mixed Results in Delivery Driver Cases

Recent court decisions in two delivery driver cases yielded mixed results for the plaintiffs and defendants involved, but serve as helpful reminders to franchisors and franchisees of ways to protect themselves in their franchise relationships.

Franchise Employee Liability

Statutes of Limitation Message for Franchisors and Franchisees

Franchise 101 Attorneys*Certified Specialist in Franchise & Distribution Law, per the State Bar of California Board of Legal SpecializationIn Kroshnyi v. U.S. Pack Courier Services, Inc., a case pending for 13 years (and not over yet), numerous drivers claimed their package delivery franchisor violated New York's franchise law. From 1996 to 1998 the drivers entered into franchise agreements with U.S. Pack Services (USP), a New York franchisor. Drivers paid a $15,000 "subscription fee," training fees, beeper fees and other charges to receive delivery assignments from USP's central dispatch.

In 2001 the franchisees sued in federal court claiming violations of the New York Franchise Sales Act (NYFSA), for alleged misrepresentations in USP's Franchise Disclosure Document, and state labor laws. The court dismissed the labor claims. At trial a jury found the company liable to the drivers for franchise law violations.

However, an appeals court reversed the jury award. The NYFSA has a statute of limitations requiring any action to be brought "before the expiration of three years after the act or transaction constituting the violation."

The court agreed with the franchisor that the "act or transaction constituting the violation" occurred in 1998 and earlier when the franchises were sold. It ruled the claims were time barred because the lawsuit was not filed until 2001.

The franchisees argued that the statute of limitations started anew since they made payments to the franchisor over time and because their franchisor transferred the business to a new entity and provided them new "Rules and Regulations" that purported to be a new agreement. But the appellate court rejected their arguments that these acts created new franchise relationships.

The court opined that under New York law, "continuous violations do not toll the statute of limitations" and that the new Rules and Regulations expressly provided they did not alter the parties' original agreement. The court noted that the NYFSA requires disclosures and prohibits fraud in making an "offer" and "sale" of franchises, "but does not seek to regulate the ongoing operations of a franchise."

A few drivers bought their franchises after 1998. The appellate court ruled their claims were not barred. The company challenged the damages award to them, claiming the franchisees had profited so they could not have suffered damages. But the appellate court upheld money awards to the franchisees whose claims were timely, ruling that in view of the numerous expenses they incurred over the years, the jury could properly have found that they lost money.

The Appellate Court's decision underscores the importance to franchisees of bringing claims promptly, before statutes of limitations expire - and reminds franchisors of the benefit of these statutes in defending franchise law claims.

Click Kroshnyi v. U.S. Pack Courier Services, Inc. to read the Court's decision.

Franchsise Employer Liability

Independent Contractors or Employees?

In Ruiz v. Affinity Logistics Corporation, another recent delivery driver case that arose in California, Affinity Logistics' drivers claimed they were employees and had been misclassified as independent contractors. The trial court ruled that the drivers were independent contractors since each had its own business name, business license, commercial checking account, federal employer identification number, and could hire its own employees, if it wished.

But the Ninth Circuit Court of Appeals reversed, finding the drivers were all employees. The appellate court emphasized that Affinity Logistics had the right to control the details of the drivers' work.

Affinity Logistics controlled their rates, schedules and routes; provided the trucks the drivers drove; controlled the mobile phones they used; specified the uniforms the drivers had to wear; and closely monitored the drivers through morning meetings, setting start times, inspecting their appearance and loading of trucks, conducting follow-alongs and customer interviews and requiring drivers to call a company supervisor after every two or three stops.

The appellate court rejected the drivers' indicia of being independent (business names, tax ID numbers, etc.) as determinate factors because Affinity Logistics required the drivers to take these steps. For these reasons, the appellate court ruled the drivers were employees, not independent contractors.

Parties to franchise agreements should be mindful of the level of control the franchisor exercises over its franchisees to avoid jeopardizing the independent contractor relationships.

Click Ruiz v. Affinity Logistics Corporation to read the 9th Circuit Court decision.

This communication published by Lewitt Hackman is intended as general information and may not be relied upon as legal advice, which can only be given by a lawyer based upon all the relevant facts and circumstances of a particular situation. Copyright Lewitt Hackman 2014. All Rights Reserved.

Avoid Liability for Acts & Incidents at Franchisee Locations

Franchise 101

November 2014

Risky Business: Franchising Too Early

Barry Kurtz was quoted in the Los Angeles Business Journal regarding the dangers of selling franchises based on the success of only one or two company stores. Click here to read the entire article: Solo Shops Buy Into Franchises.

Common Ground: Craft Brews

The laws governing the distribution of beer are very similar to the laws governing the franchise and distribution of other products or services. Get the details in Barry Kurtz and Bryan H. Clements' recent publication in the Orange County Lawyer here: Comparing Franchise and Beer Distribution Relationships.

Avoid Liability for Acts and Incidents at Franchisees' Locations

Franchise Distribution Lawyers*Certified Specialist, Franchise & Distribution Law, by the State Bar of California Board of Legal Specialization

There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim McDonald's Corporation is liable for labor violations concerning employees of franchised locations who protested for higher wages.

In California, an appellate court ruled Domino's Pizza could be liable for sexual harassment alleged against the manager of a franchised location. The State Supreme Court reversed and ruled that Domino's Pizza is not liable.

Three main legal theories are used to claim franchisors should be liable for what happens at franchised locations.

  1. Someone may claim a franchisor exerted so much control over details of the franchise relationship that courts should find the franchisee is not truly independent, but due to the controls, has become an extension of the franchisor itself - an agent or employee.

  2. Some people claim the franchisee identified itself so completely with the franchisor, without any indication of being independent, that the person making the claim thought the franchised location was just a branch of the franchisor, not an independently owned and operated business.

  3. Or the claim is sometimes made that the franchisor is directly responsible for an injury at a franchised location. One common example is the claim that the franchisor selected equipment negligently.

Rather than fight liability through litigation, franchisors can take pro-active steps to reduce the risks of being sued, or held liable, for incidents at franchised locations. Here are a few steps that can be taken:

  1. Allow franchisees as much freedom as possible when it does not jeopardize the brand. Stated differently: don't over-control franchisees. They should hire and fire their own personnel, set compensation, and make all the other decisions that business owners make. The franchisor should only implement those controls that are needed to protect the franchisor's brand. For example, control over decor, good customer service, quality product or service, and cleanliness. Matters that are not necessary to protect the brand should be left to the franchisee to control.

  2. Let the public, suppliers and others know that the franchise is independently owned and operated. Notice of independent ownership can be on signs, store placards, advertising, business cards, stationery, checks, lists of locations, the franchisee's fictitious business name filing and the franchisee's form of job application. The franchisor can tell the public in its advertising and on the Internet that its locations are independently owned and operated.

  3. Operate the business and recruit and train franchisees with care. A good way to avoid liability is to not have an injury or other incident to begin with. Recruit and award franchises only to those who will follow the system and act properly toward personnel, customers and others. Require franchisees to be trained in safety and good customer service and conduct their businesses honestly and in good faith. Use care in designating construction standards and equipment. If an inspection discloses a health or safety hazard, follow up with the franchisee to ensure the hazard is eliminated. (See Franchisee 101 below). These steps can mean fewer accidents and injuries. Fewer of these mean less risk of claims against anyone, including the franchisor.

  4. Maintain insurance and require franchisees to maintain insurance naming the franchisor as an additional insured. Broad liability insurance with endorsements for all possible risks can mean that if a claim is made, the insurance company for the franchisor or the franchisee will provide the defense, work to get the case settled, and pay if there is any liability. Consider requiring your franchisees to obtain and maintain employment practices liability insurance with a co-defendant endorsement for your benefit.

  5. Similarly, the franchise agreement and other agreements should provide for indemnification from the franchisee. This can be accompanied by a personal indemnification and guaranty from individual owners of the franchise. When individual franchise owners have their assets at risk, their promise to indemnify and guaranty leads to more careful operation and reduces the risk and the franchisor's ultimate exposure to claims and liabilities.

By following these steps, a franchisor can reduce the risks of claims and liabilities for acts and incidents arising from its franchisees' operations.

Avoid Acts & Omissions That Expose Your Franchisor to Potential Liability

A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists.

An employee of a Hardee's franchised restaurant suffered first and second degree burns from spilled hot grease while manually cleaning a fryer box. The employee brought an action against the restaurant franchisee, as well as the franchisor. He claimed the franchisor should be liable based on allegedly having actual knowledge of unsafe working conditions at the restaurant, providing the equipment and setting the safety procedures.

The employee alleged the frying machine's pump and filter were broken for a long time, requiring manual cleaning which led to his injuries. The Court noted the franchisor presumably had actual knowledge of the long-standing unsafe working conditions because the franchisor provided training, supervision, inspections, equipment, cooking supplies and procedures for operation of the restaurant. The franchisor argued it did not control daily operations and therefore had no legal duty to the employee. But the court disagreed and held it was reasonable to infer the franchisor had control over the equipment and procedures that contributed to the injury. As a result, the franchisor owed the employee a legal duty to use reasonable care and the franchisor's conduct created a risk of physical harm.

The lawsuit and resulting ill-will between the franchisor and franchisee could have been avoided had the franchisee repaired the defective equipment when notified by the franchisor to do so.

For details about the case, read: Estate of Nathaniel Hamrick v. Restaurant Management Group, LLC.

This communication published by Lewitt Hackman is intended as general information and may not be relied upon as legal advice, which can only be given by a lawyer based upon all the relevant facts and circumstances of a particular situation. Copyright Lewitt Hackman 2014. All Rights Reserved.

California Supreme Court Overturns 2012 Domino's Decision

Franchise 101

September 2014

Los Angeles Franchise Panel Discussion

Barry Kurtz will participate in a panel discussion and Q&A for potential franchisors, franchisees, business attorneys and accountants in Southern California, regarding the A-Zs of franchising a business, buying a franchise, accessing capital, and other topics. The breakfast event will be hosted by The Los Angeles Business Journal on October 3rd in Los Angeles. Email: Chris Podbielski for further details about the event.

Franchise Distribution Lawyers*Certified Specialist, Franchise & Distribution Law - State Bar of California Board of Legal Specialization

California Supreme Court Cites Law Review Article by David Gurnick

In Patterson v. Domino's Pizza LLC (see Franchisor 101 for details below), the Supreme Court cited an article co-authored by David Gurnick, entitled: Minimizing Vicarious Liability of Franchisors for Acts of Their Franchisees. Mr. Gurnick's 1987 article was published in the ABA Franchise Law Journal.

Tal Grinblat Appointed as Co-Chair, Franchise Law Committee

The Business Law Section of the State Bar of California appointed Tal Grinblat as Co-Chair of the Franchise Law Committee for the 2014-2015 term. Mr. Grinblat's term began at the end of the State Bar's annual meeting in San Diego on September 14th. The Franchise Law Committee (with franchisee and franchisor constituencies) works with the Department of Business Oversight and the State Bar in sponsoring legislation involving franchising in California.

Barry Kurtz and David Gurnick published in Los Angeles Business Journal

What should franchisors look for in potential franchisees? How should investors choose a franchise system? Read: What to Look for in a Franchisee or Franchisor for insights.

FRANCHISOR 101: California Supreme Court Overturns 2012 Domino's Decision

Supreme Court Decision Dominos Patterson

On August 28, 2014, the California Supreme Court reversed a 2012 Court of Appeal decision in Patterson v. Domino's Pizza, LLC. The lower court held that franchise operating systems, like Domino's, deprive franchisees of the ability to control the manner and means of their business operations, thus making the franchisee's employees the franchisor's employees for vicarious liability purposes.

Ms. Patterson, an employee of a Domino's Pizza franchisee, alleged she was sexually assaulted by the store manager. Patterson sued the franchisee, as well as the franchisor, Domino's Pizza, claiming Domino's was vicariously liable for the assault. Domino's argued that it was not Ms. Patterson's employer because the franchise agreement stated that the franchisee was an independent contractor and that Domino's was not involved in the "training, supervision or hiring of [the franchisee's] employees."

The Court of Appeal reversed, holding the case could proceed to trial since reasonable inferences could be drawn from the franchise agreement and Domino's' management guidelines that the franchisee lacked managerial independence and that evidence existed that a Domino's area representative had interfered with the franchisee's employment decisions by suggesting the franchisee should fire the store manager.

Recognizing that system-wide controls in the traditional franchising context, which are designed to protect a franchisor's trademarks, trade name and goodwill, do not necessarily deprive franchisees of day-to-day operational control of their businesses or employment practices, the Supreme Court overturned the Court of Appeal's decision. It held:

The "means and manner" test generally used by the Courts of Appeal cannot stand for the proposition that a comprehensive operating system alone constitutes the "control" needed to support vicarious liability claims like those raised here.

The court instituted a new test for determining whether a franchisee's employees may be deemed employees of the franchisor, holding:

A franchisor becomes potentially liable for actions of the franchisee's employees only if it has retained or assumed a general right of control over factors such as hiring, direction, supervision, discipline, discharge, and relevant day-to-day aspects of the workplace behavior of the franchisee's employees.

The Supreme Court found Domino's had not retained or assumed a general right of control over the hiring, direction, supervision, discipline, discharge, and relevant day-to-day aspects of the workplace behavior of the franchisee's employees since Domino's had no right or duty to control employment or personnel matters (including sexual harassment training), and did not do so.

To read the entire case, click: Taylor Patterson v. Domino's Pizza, LLC.

FRANCHISEE 101: Forum Selection Clauses May Be Enforceable

A recent decision in Allegra Holdings, LLC v. Davis demonstrates that courts are enforcing forum selection clauses in favor of out-of-state franchisors and against in-state franchisees, notwithstanding franchise anti-waiver protections.

In 2003, Allegra Holdings, LLC, a Michigan LLC, as franchisor, entered into a franchise agreement with Fox Tracks, Inc., a Minnesota corporation, as franchisee, for an Allegra Print and Imaging Center in Burnsville, Minnesota.

The franchise agreement provided that all actions arising under the franchise agreement must be brought in Troy, Michigan. But, the Minnesota Franchise Act (MFA) prohibited franchisors such as Allegra, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Allegra filed suit in a U.S. District Court in Michigan for trademark infringement and breach of franchise agreement. Fox filed a motion to transfer the case to Minnesota, arguing that the Franchise Agreement and the MFA required Allegra to litigate its claims against Fox in Minnesota.

The district court began its analysis by citing Atlantic Marine Const. Co., Inc. v. U.S. District Court for the Western District of Texas, in which the U.S. Supreme Court ruled that in all but the most unusual of cases, the "interests of justice" are served by enforcing valid forum selection clauses in contracts, including franchise agreements. However, the court rejected Fox's argument that Allegra's suit in Michigan was tantamount to requiring Fox to litigate outside of Minnesota in violation of the MFA, opining that nothing in the contractual language limited Fox from selecting a Minnesota court should Fox choose to file suit against Allegra. Further, the court noted that nothing in the referenced Minnesota statutes or rules precluded parties to a franchise agreement from agreeing on a forum selection. The court held, "A choice of forum is not tantamount to a choice of law." Here, it concluded, "Nothing in [this] choice of forum provision in any way diminishes [Fox's] right to avail [itself] of Minnesota laws."

Similarly, courts have refused to apply a provision of the California Franchise Investment Law (CFIL) that voids any provision in a franchise agreement that restricts venue to a forum outside California when franchisors have sued California franchisees outside of California. In TGI Friday's Inc. v. Great Nw. Rests. Inc., a U.S. district court in Texas enforced a franchise agreement setting venue in Texas, noting that:

Defendants do not explain...why this court should apply California law to void a franchise agreement that provides that Texas law applies to all matters relating to the agreement, and that Texas is the forum for any disputes relating to the agreement.

In contrast, in Frango Grille USA Inc. v. Pepe's Franchising Ltd., a California district court recently refused to enforce an agreement setting venue in London, England, stating that the Atlantic Marine precedent enforces valid agreements on venue selection, but the application of the CFIL rendered the contractual forum selection provision invalid.

Click Allegra Holdings LLC v. Fox Tracks, Inc. to read the opinion.

This communication published by Lewitt Hackman is intended as general information and may not be relied upon as legal advice, which can only be given by a lawyer based upon all the relevant facts and circumstances of a particular situation. Copyright Lewitt Hackman 2014. All Rights Reserved.

LEWITT HACKMAN | 16633 Ventura Boulevard, Eleventh Floor, Encino, California 91436-1865 | 818.990.2120


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Questions and answers

See Latest: Summary of West Coast Feedback (12 August 2016)

What is the Local Government Commission’s role?

The Commission is an independent statutory body with two main roles. It makes decisions in relation to how local authorities should be structured in response to applications for change. It also determines electoral arrangements for councils where council decisions on these arrangements are appealed to the Commission.

In addition, the Commission has a role in promoting good local government that is efficient, effective and accountable to local communities. It places great emphasis on working collaboratively with communities and councils to come up with local solutions to local government issues.

Why is the Commission engaging with the West Coast community?

Last year the Local Government Commission received an application asking it to look at local government arrangements on the West Coast, with a view to making changes.

It is important for the Commission to get input from affected communities early in the process. The Commission wants to hear what the West Coast communities’ views are about local government on the West Coast.

For example, the Commission wants to hear what the community likes about the current way their councils are set up and the way services are delivered. It also wants to know whether the community thinks local government on the West Coast could be strengthened.

What changes did the applicants ask for?

The applicants asked for more efficient and cost-effective local government arrangements. They requested a simplified and unified local government system. The applicants believe this change is needed to:

  • unite communities
  • provide an agreed vision to address issues, such as declining populations, economic challenges and the need to maintain infrastructure and services
  • provide greater transparency and collaboration
  • improve community representation and consultation
  • reduce costs
  • sustain rates at an affordable level
  • standardise policies
  • provide administrative efficiencies
  • remove duplication, especially in relation to governance and management.

What else is the Commission doing on the West Coast?

Separate to this public engagement (but at the same time) the Commission is working with the West Coast Mayoral Forum on two regional efficiency initiatives – Resource Management Act planning processes and roading arrangements. These are potentially areas where efficiencies can be made to benefit West Coast residents, ratepayers and businesses.

These initiatives were selected for investigation because they had been identified by the West Coast councils as areas of common interest; and because there is the potential for significant gains to ratepayers from reviewing how these services are delivered.

The Commission and the West Coast councils are collaborating on this work.

What does local government currently look like on the West Coast?

The West Coast community is currently represented by three district councils: Buller District Council,  Grey District Council, Westland District Council. There is also one regional council: West Coast Regional Council.

The community is currently represented by three district councils: the Buller District Council, the Grey District Council and the Westland District Council. There is also one regional council, the West Coast Regional Council.

The Buller District Council has a mayor and 10 councillors. Buller District also has a community board in Inangahua comprising four elected members and the two councillors for the area. The Grey and Westland District Councils each have a mayor and eight councillors. The West Coast Regional Council has seven councillors, including the chair.

District councils’ responsibilities include:

  • Local water supply, sewerage, stormwater and roading infrastructure (including footpaths)
  • Libraries, public swimming pools, recreation and community centres
  • District emergency management/civil defence
  • Building consents
  • Community development and advocacy
  • Resource consents and planning for land use under the Resource Management Act
  • Regulatory activities like noise control and dog control
  • Environmental health such as food licences.

Regional council responsibilities include:

  • Environmental management such as quality of air and water
  • Flood protection
  • Pest management
  • Land management
  • Transport planning
  • Regional emergency management/civil defence (planning and coordination activities)
  • Regional economic development.

What makes the West Coast unique?

The West Coast (Te Tai Poutini) is unique in many respects.

Further information:


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Gothic novels

05/07/2018 - 12:57pm
If you like The Little Stranger by Sarah Waters

This readalike is in response to a customer's book-match request. If you would like personalized reading recommendations, fill out the book-match form, and a librarian will email suggested titles to you. Available for adults, teens, and kids. You can browse the book matches here.

The Little Stranger by Sarah Waters
One dusty postwar summer in his home of rural Warwickshire, Dr. Faraday is called to a patient at lonely Hundreds Hall, the residence of the Ayres family for more than two centuries. Its owners, mother, son, and daughter, are struggling to keep pace with a changing society, as well as conflicts of their own. But the Ayreses are haunted by something more sinister than a dying way of life.

The Little Stranger is an upcoming British supernatural horror-thriller film directed by Lenny Abrahamson and written by Lucinda Coxon, based on the novel of same name by Sarah Waters. The film stars Domhnall GleesonRuth WilsonWill Poulter, and Charlotte Rampling. It is scheduled to be released on August 31, by Focus Features.

Looking for more Gothic novels in the vein of The Little Stranger? Check out these titles below.

10/11/2017 - 1:38am
Cover to We Have Always Lived in the Castle by Shirley Jackson

Author Shirley Jackson knew where the bodies were buried in the American psyche. Writing down her subtle suburban horrors during a period best known for Leave It to Beaver, she could put herself in the place of the outsider. The new neighbor who could not comprehend the quiet cruelty and amusement at her expense as she tries to interact in a straightforward fashion with her surroundings. Or, an intense young girl, estranged and tormented, who lives in a grand, crumbling house on the outskirts of town with her lovely sister and who may very well have killed off members of her family as they sat down to a meal.

02/08/2017 - 12:30am
Cover to My Cousin Rachel by Daphne Du Maurier

The haunted newlyweds in Rebecca. The vile and violent act of nature unleashed in The Birds. Deadly family secrets at the Jamaica Inn. British novelist Daphne Du Maurier was the queen of romantic suspense. She knew perfectly well how to portray a broken person who felt helpless in a desperate situation—someone who might have had a happy life were it not for the encroachment of nightmarish scenarios created by the wicked. Every so often, a movie director will rediscover her work and bring a tale of inner torment to the screen. In July 2017, Du Maurier’s My Cousin Rachel will enter theaters once more.

09/06/2016 - 10:31am
If you like A Great and Terrible Beauty by Libba Bray

This readalike is in response to a customer's book-match request. If you would like personalized reading recommendations, fill out the book-match form and a librarian will email suggested titles to you. Available for adults, teens, and kids. You can browse other book matches here.

A Great and Terrible Beauty by Libba Bray
After the suspicious death of her mother in 1895, sixteen-year-old Gemma returns to England, after many years in India, to attend a finishing school where she becomes aware of her magical powers and ability to see into the spirit world. (catalog summary)

Don't miss the rest of the books in the Gemma Doyle Trilogy: Rebel Angles and The Sweet Far Thing.

Here are some other titles you might be interested in:

Beautiful Creatures
by Kami Garcia & Margaret Stohl
In a small South Carolina town, where it seems little has changed since the Civil War, sixteen-year-old Ethan is powerfully drawn to Lena, a new classmate with whom he shares a psychic connection and whose family hides a dark secret that may be revealed on her sixteenth birthday. (catalog summary)

Other books in the Beautiful Creatures series: Beautiful Darkness, Beautiful Chaos, & Beautiful Redemption

08/29/2016 - 12:07am

Abi Tamper leads a very restricted life as a maid in the Greaves household. It’s the 1850s, so there’s lots for a hired girl to do around a mansion in London, and next to none of it is enjoyable.

06/06/2016 - 1:27am
The Night Gardener: A Scary Story by Jonathan Auxier

Orphans Molly and her younger brother Kip are looking for work away from their home in famine-stricken Ireland. They find it at the Windsor estate, an isolated, sprawling house in England that is a lot more than it seems.

As they work and live with the Windsors, Molly and Kip begin to discover that the atmosphere of the old, crumbling mansion is slowly taking the life force of the once-cheerful family of four.

05/18/2016 - 6:50pm
The Observatory Mansions

Francis Orme is the last of a long line of oldest boys named Francis Orme. He wasn’t born Francis Orme, but that’s who he is now. Francis lives with his mother and father in their ancestral home, which has been chopped up into 24 gimcrack flats, The Observatory Mansions. Francis always wears white gloves, works as a “living statue,” and collects items for his Museum of Significant Objects.

05/12/2016 - 2:32pm
The Madwoman Upstairs by Catherine Lowell

What teenage girl has not sighed over the plight of Jane Eyre and the love story in Wuthering Heights? The novels contain “the collective imagination” poured into them by millions of teenage girls. In The Madwoman Upstairs, narrator Samantha Whipple is the last Brontë heir. She is related to three of the most famous women writers, Charlotte, Emily and Anne Brontë, but she has a contentious relationship with them. Gothic and imaginative, The Madwoman Upstairs is a tribute to the Brontës.

08/10/2015 - 10:04am
The Murder Stone by Charles Todd
Charles Todd’s The Murder Stone is an enjoyable gothic mystery with a touch of romance set during the Great War. Francesca Hatton, a nurse on the home front, is called to tend to her dying grandfather at his English estate. What was for her a place of wonderful childhood memories is now all in shadows, not only because of her grandfather’s impending death, but also because the war has taken the lives of her beloved boy cousins.

12/11/2014 - 3:37pm
The House of Small Shadows by Adam Nevill

In The House of Small Shadows, protagonist Catherine has had a bleak past. After losing her job at a top TV network in London thanks to corporate insecurity, she decides to move on with her life and experience the tedious job of antiquing and auctioning. She welcomes a new challenge assigned by her elderly boss: cataloging and maintaining a massive doll collection owned by the niece of infamous taxidermist M.H. Mason. Catherine finds it thrilling to also examine the strange and sentimental display of stuffed animals, posed and costumed in bloody scenes from the Great War.

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The Amazing Millennium Falcon Bedroom

Redditor Dericrw and his wife built a Star Wars bedroom for their son, in the hopes that he will sleep in his own room. Who could resist? The sleeping pod of the Millennium Falcon is the size of a twin bed and is bolted to the ceiling joists. The rest of the ship is painted on the wall behind it. Check out the inside! It has a fan for air circulation and LED lights.

More info: Reddit (h/t: neatorama)


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Tuesday, May 24, 2011

more wedding pictures!!!

Saturday, May 21, 2011

Woohoo!! I am married!!!
This is my hubby and I'm his wife!

 The wedding and honeymoon are over and it's back to real life except it's 10x better because I have the most amazing husband!!

Yea yea I know we are still in the "honeymoon phase" as people call it, but I'm pretty happy here:)
You can read about our honeymoon here.

I was told it's a good idea to write about the wedding day and honeymoon because it all happens so fast it's easy to forget, so I will give a quick recap of the events.

Friday was the craziest day of my life.
I have never had that many phone calls or text messages in my life as we were trying to get the last minute details to fall into place. I couldn't have managed without Jimmy, my family, Jamie, Nicole, and Becky. They were all so helpful.

Rehearsal was Friday night at 5:30. I was so worn out from running around all day and the church was really hot because the air conditioning wasn't working. We ran through the ceremony twice and it actually all went pretty smoothly. Trudy (Jimmy's mom) had made a spaghetti dinner for everyone (which neither Jimmy or I actually found the time to eat).

 My family, including Grandpa and Grandma, Trudy, Bea, Don, Luke, and Ani were all there. It was a little frustrating because I hadn't seen them in so long and all I wanted to do was spend time with them but I had so much to do!

Friday evening, I met with Helen about the pictures and we just went over what I wanted and how things were going to go timewise. Then, I went to Presley's house where we watched girly movies and ate junk food. I actually slept pretty good for it being the night before my wedding.

I can honestly say, I never lost sleep over my wedding!

Saturday May 14, 2011 was the big day! We all woke up around 7 to start getting our hair done. There was one lady doing all 9 of our hair (which I do not recommend).

It was a fun morning, kind of like playing dress up!
 Pavel came around 11 to take some pictures of me with my dress.

 I had a lot of fun posing:)
It started raining off and on and was actually like 20 degrees cooler than Friday which was kind of disappointing, but we improvised and when it came time for the bridesmaids pictures, we went to Walmart and bought 8 pink umbrellas. It wasn't in the actual plan, but check out the pictures!

Things got kind of crazy towards the end as we tried to cram in pictures.
Jimmy did not even catch a glimpse of me before the wedding.
 I was a total surprise!
Check out my handsome groom...
About 3:00, I had to use the bathroom of course in my dress.
 Thank God for my maid of honor nicole! Our friendship was definitely taken to a new level! Since i couldn't go in the church where Jimmy was, we went over the the Darmstadt Inn, which is like a bar type atmosphere. That's where we ended up hanging out until the wedding began!

I was a little nervous, but it wasn't bad. I was so excited to see Jimmy.

I remember walking down the isle and just looking at him.
  I could tell he was trying so hard not to cry! It was one of the most beautiful moments of the wedding. It was so hard to believe we were finally getting married!!!
We joined hands at the front of the church and Richie gave an opening prayer.

  Vows came next! Jimmy and I had both wrote our own vows to say to each other. It was so meaningful that way and that's when I started to tear up. It was one of the best moments of my life.

Next, Nicole Ricketts came up to sing Love Never Fails while we poured the unity sand and knelt for the mantilla.
 Our mothers placed the mantilla over us and then we had our Father's lay hands and pray over us.
It was really special to have their blessing on our marriage. When we stood up, Richie gave a brief message. It was awesome because he knows us both so well and was able to make it very personal. Pastor Jim (Jimmy's pastor) came up after that to share a few words of encouragement. He reminded us that the most important thing in our marriage is keeping God first and always seeking Him.
We exchanged our rings next, had our first kiss as husband and wife, and then were introduced as Mr. and Mrs. Jimmy Konrath! We walked out to Ever Ever After:)

We had the most adorable ring bearer and flower girl cheering us on!

The ceremony was perfect. I loved every minute of it. It was so evident that God was there and I pray He was glorified.

After the wedding we got to take pictures together which was a lot of fun.

The reception was short and sweet since it was so cold. But we were ready to get out of there anyways :)

Matt and Nicole gave really special toasts and we got to smash cake in each other's faces....all the signs of a truly great wedding reception.

 The most memorable part for me was my first dance with my husband. We danced to "When You Got A Good Thing" by Lady Antebellum.

I also danced with my dad for the first time in my life.
Yes there is a whole story behind that. (Read it here)

Then we had a dollar dance-it was fun dancing with the groomsmen, my brothers, and other friends. Nicole Rickets caught my bouquet, and Zach caught the garter.

The reception was kind of a blur and everything seemed to happen so fast! We were heading out earlier than planned because most people had left, which I was okay with because I was completely exhausted!

 We drove away in our decorated car with bubble flying and people cheering:)
(Of course it had to be coke cans tied to the bumper since my hubby is sort of addicted!)
I couldn't have asked for a better wedding day!
It was perfect.

Looking for our complete love story? You can find it here!

Tuesday, May 10, 2011

5 days!

5 days till Jimmy and I get married!!!!
 This will probably be my last post until then because my mom and sisters get here in a few hours and then family will just keep coming:)

I'm looking forward to not just the wedding, but life after the wedding as well. It's going to be great to have someone to share the rest of my life with, pray with, and seek God with. I pray that we always keep those things the most important in our relationship.

Today we went to get our marriage license. They asked us all sorts of weird questions like if we were of a sound mind, on drugs etc. Then they gave us a pamphlet on STD's. Sad that they give you information on STD's rather than how to make your marriage last!

I can't believe the wedding is so close! It's my last Tuesday single:) Woohoo!
Next week: Honeymoon!!!!

Monday, May 2, 2011

12 days!

 12 more day and I will be Mrs. Konrath! I can hardly believe it. Time is going by so fast and finals this week are keeping me especially busy. Next week my sisters are driving here to Indiana to spend the last few days helping me with stuff and for the bachelorette party! I’m looking forward to seeing them.

Saturday, Jimmy and I spent the day working on our centerpieces and boutonnieres. I’m sure it’s the last thing Jimmy wanted to be doing, but he was so helpful! I wish I would have taken a picture of him tying the pink and green ribbon in bows around the jars. It was so sweet of him:)

Surprisingly enough, I’m not too stressed out yet. Yes, I’ve had my moments. But I keep trying to put the wedding day in perspective. I am way more excited just to be married than I even am for the actual wedding day and I think that’s good:)

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Data and analytics

Connected luminaires can share data about their status and operations. Location-based sensors can collect and analyze data about the usage patterns and activities in illuminated spaces. System managers can analyze this data to maximize energy efficiency, enhance experience, and streamline operations.

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Build on your existing supplier partnerships by offering new opportunities for brand promotion and shared revenue generation such as location based compliance notification or analytics based brand co-operation


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Stockton, CA Deal: $3.25 for 12 Ounce Juice Blend Drink with Pretzel

Juice It Up
Value $6.75
Discount 52%
Savings $3.50
The deal is over
Time remaining 00:00:00
For many of us, healthy snacking is an elusive art. You’re trying to stay away the fattening, sugary stuff in an attempt to adhere to your New Year’s resolution, but everything you end up making for yourself tastes bland and is only able to stave off those hunger pangs for so long. Here's a way to enjoy healthy food, deliciously.

Today’s Limelight Deal will help solve the age old “healthy snack” conundrum for you, and at a great price to boot. Get a 12 ounce juice blend drink and a plain pretzel from Juice It Up for only $3.25, a savings of 50%.

Your offer is getting you a tasty juice blend of your choice, like the Refresher or the Detoxifier, as well as a fresh old fashioned plain pretzel that will keep you satisfied and energized throughout your day, without all the excess carbohydrates, sugar and preservatives you’ve been getting in your usual snacking routine. It’s quick, it’s healthy and it’s the best way to stay on top of your game!

Note: Deals are not available to use until after the purchase period closes.
- Promotional value expires May 16, 2013
- Only one voucher per visit
- Not to be combined with other offers
- Tax and Gratuity not included
- No cash back for unused portion
- Full face value must be used at the time of purchase
- Non-transferable
- Only 1 Voucher per customer; 1 as a gift

About Juice It Up

Click here for more details. The mission at Juice It Up! is to provide the freshest and most delicious juice offerings available to their customers, and serve as advocates of healthy choices and a healthy lifestyle. They are dedicated to helping create a healthier world for families and our future. For over 17 years, Juice It Up! has been bringing fresh squeezed juices and handcrafted smoothies to communities everywhere. They make drinks for the discerning consumer wanting real-fresh-made juice in a variety of healthy blends that enhance the mind, body and spirit.
Juice It Up Location:
347 Weber Ave.
Stockton, California, 95202 Phone: (209) 451-4436 Get Directions
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Friday, September 09, 2011

Session 100 - The Ton

On this weeks scintillating installment of the finest free to air drinking session on the Internet the chaps discuss bargain bin apple products, prime real estate for fast food, Olympic "Arse-verts©", the quirks of French cars and the chancers that "mend" them and C.J joining the Geri-Set.

Audiogasms® are supplied this week by our brilliant new friends The Wild with additional Audiogasmicness® courtesy of the most forgiving band in the entire world The Wave Pictures!

As ever, It's here! It's beer! IT'S THE TON!

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Saturday, August 24, 2013

I've been making cards for people at church.  I love doing it, because it makes me happy.  And I think it makes them happy, too!

Not CTMH butterfly paper - just using up my stash...The mat is Outdoor Denim.
Stamps are Frame Flair (D1546, $17.95) and a retired sentiment stamp set. Topiary and Outdoor Denim inks.

Not CTMH paper - but the tan strip in the middle is from last year's Christmas paper.  It matches beautifully!  Ink Color:  Saddle.

 I thought it would be fun to stamp a sentiment in a bunch of different colors!  This is a My Sentiments Exactly stamp set that I got in the dollar bins at Michaels.  I just stamped the words in a bunch of different colors, while trying my hardest to line up the words.

Colors:  Lagoon, Pear, Topiary, Honey, Hollyhock, Sunset, Cotton Candy.  You get the idea!

This is the July Stamp of the Month.

The big blue butterfly is a Cricut cutout and it's popped up off the page.

More non-CTMH papers.  But the stamps are!  I cut a big butterfly (with the Cricut Art Philosophy cartridge) out of Indian Corn Blue for the lower card.  Embellished with rhinestones.  I also colored in the square on the lower right.


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Private Practice (2007-2013) (Untitled \'Grey\'s Anatomy\' Spin-off)

Private Practice                                  (2007-2013)
6.4 Rating
(213 ratings)
6.6 IMDB rating
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Starring (View all)
Kate Walsh Kate Walsh
 Dr. Addison Forbes Montgomery 111 episodes, 2007-2013
Paul Adelstein Paul Adelstein
 Dr. Cooper Freedman 111 episodes, 2007-2013
KaDee Strickland KaDee Strickland
 Dr. Charlotte King 111 episodes, 2007-2013
Taye Diggs Taye Diggs
 Dr. Sam Bennett 111 episodes, 2007-2013
Amy Brenneman Amy Brenneman
 Dr. Violet Turner 111 episodes, 2007-2013
Tim Daly Tim Daly
 Dr. Pete Wilder 98 episodes, 2007-2012
Brian Benben Brian Benben
 Dr. Sheldon Wallace 83 episodes, 2008-2013
Audra McDonald Audra McDonald
 Dr. Naomi Bennett 77 episodes, 2007-2013

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Don't make her angry (strong female characters) (439 items)
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Better than Grey's Anatomy

5 years, 9 months ago at Aug 14 23:04
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I may have done it out of order when I watched Private Practice before I watched Grey's. I always liked Addison and she's a much more complex character than her ex-husband and his new wife. She knows what she wants and she goes after it. She wants a baby more than she wants a husband, more than she wants a medical career and she goes for it. That is what all people should aspire to.
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Description: Medical drama television program which ran on ABC from September 26, 2007, to January 22, 2013. A spin-off of Grey's Anatomy, the series takes place at Seaside Wellness Center (formerly Oceanside Health & Wellness Group) and chronicles the life of Dr. Addison Montgomery, played by Kate Walsh, as she leaves Seattle Grace Hospital in order to join a private practice, in Los Angeles. Private Practice also revolves around Addison's co-workers at Seaside Wellness, and how they deal with patients, and the practice while still finding time to live their everyday lives. souce:wiki ... (more)
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The Studio-Apartment in Cornudella de Montsant

Features and amenities ( 3 people)

Welcome to the ideal Cornudella experience. This studio-apartment is situated in the high part of the village in a very quite area only 5 minutes walk from the shops and bakeries. This lovely flat is perfect for couples but sleep up to three people. It has one double bed in one ambient. Extra folding bed if needed.

There is also a reading-playing area for relaxing and practicing yoga.

Fresh linen and towels provided

All the bills included

Special Features

  • Electrical heating
  • Washing machine
  • Wifi connection


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We Need More Cops Speaking Out Like this!

Lt. Jim Glennon speaks the truth about illegal aliens and the devastation they leave behind in OUR country. Illegals kill countless people in our country every year, yet our elected AMERICAN representatives advocate for them. We recently lost one of our own, BPA Javier Vega, at the hands of these criminals. The hurt is even worse knowing that BPA Vega took an oath to expel these criminals from our country but was kept from doing so by politicians.

I will take it even further: If one American looses their job to an illegal alien, we should change the law…wait…we don’t have to…WE SHOULD ENFORCE THE LAW!

On behalf of the Border Patrol agents of Local 2913, we offer our sincerest condolences to the families and friends of those killed by illegal aliens. Their deaths were caused by the will of our politicians.

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