Civic Alliance 2020 Impact Report
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Jim Stanton Leon Feazell Charles Bolcom
Jim Stanton Leon Feazell Charles Bolcom www.cooperscully.com © 2017 This paper and/or presentation provides information on general legal issues. It is not intended to provide advice on any specific legal matter or factual situation, and should not be construed as defining Cooper and Scully, P.C.'s position in a particular situation. Each case must be evaluated on its own facts. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without receiving professional legal counsel. Terminology MCS - 90: “Endorsement For Motor Carrier Policies of Insurance For Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980“ 49 C.F.R. §§ 387.7, 387.15 Statute and Regulations do not specifically reference “MCS - 90" Form created by the regulatory agency Formerly - ICC Abolished 1996 Now – FMCSA (Federal Motor Carrier Safety Administration) Part of D.O.T Terminology MCA - The Statute: Federal Motor Carrier Act of 1980 49 U.S.C. § 10101 et seq. FMCSR - The Regulations: Federal Motor Carrier Safety Regulations 49 C.F.R. Parts 300-399 Online: www.fmcsa.dot.gov/regulations Under Authority Secretary of Transportation, to provide requirements for operations and equipment of motor vehicles 49 U.S.C. § 14102 (a)(4) Purposes of MCS-90 Reasons MCA Enacted: Deregulate trucking industry Address abuses regarding public safety MCS - 90 Purpose: Assure vehicles, including leased, covered by authorized carrier’s insurance Mandate that carriers assume responsibility for vehicles, including leased. 49 C.F.R. §387.1 Mandate that insurance applies to vehicles, including leased, not on the policy. -
Kastning V. State Farm – Minnesota Court of Appeals
STATE OF MINNESOTA IN COURT OF APPEALS A12-0584 Bruce Kastning, et al., Appellants, vs. State Farm Insurance Companies, Respondent. Filed September 24, 2012 Affirmed Hooten, Judge Hon. Douglas L. Richards Faribault County District Court File No. 22-CV-11-182 Jason D. Pederson, Fuller, Wallner, Cayko & Pederson, Ltd., Bemidji, Minnesota (for appellants) Gregory E. Kuderer, Fairmont, Minnesota; and Kay N. Hunt, Lommen Abdo Cole King Stageberg PA, Minneapolis, Minnesota (for respondent) Considered and decided by Worke, Presiding Judge; Hooten, Judge; and Collins, Judge.* S Y L L A B U S An uninsured farm tractor is not a “motor vehicle” for purposes of the Minnesota No-Fault Automobile Insurance Act, Minn. Stat. §§ 65B.41-.71 (2010), because a farm tractor is neither subject to registration under chapter 168 of the Minnesota Statutes nor designed “for use primarily upon public roads, highways or streets.” Neither is an * Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, § 10. uninsured farm tractor a “motor vehicle” under the uninsured motorist coverage of an insurance policy that defines “motor vehicle,” in part, as subject to registration under chapter 168 of the Minnesota Statutes and “designed for use on public highways.” O P I N I O N HOOTEN, Judge Appellants challenge the district court’s summary-judgment dismissal of their claim for uninsured motorist coverage under a policy issued by respondent, arguing that the farm tractor with which they collided was an uninsured “motor vehicle” within the meaning of their policy and, alternatively, that they are entitled to coverage under the reasonable-expectations doctrine. -
(State Farm Mutual Automobile Insurance Company, Appellant) V
Page 1 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. (State Farm Mutual Automobile Insurance Company, Appellant) v. ILLINOIS FARMERS INSURANCE COMPANY et al., Appellees. Docket No. 103816. SUPREME COURT OF ILLINOIS 226 Ill. 2d 395; 875 N.E.2d 1096; 2007 Ill. LEXIS 1156; 314 Ill. Dec. 809 September 20, 2007, Opinion Filed PRIOR HISTORY: Appeal from the Appellate Court step-down provisions in appellee's policies were contrary for the First District. to Illinois public policy and were void. The appellate State Farm Mut. Auto. Ins. Co. v. Ill. Farmers Ins. Co., court reversed that holding, finding the step-down 368 Ill. App. 3d 914, 858 N.E.2d 519, 2006 Ill. App. provisions were not contrary to Illinois public policy and LEXIS 995, 306 Ill. Dec. 722 (Ill. App. Ct. 1st Dist., were enforceable. The court, after implementing the 2006) various rules of statutory construction, held that nothing in the statutory pronouncements of the Illinois CASE SUMMARY: Legislature prohibited appellee's step-downs since appellee's policies provided coverage to the named insured and permissive users of the named insured's PROCEDURAL POSTURE: Appellant insurer was vehicle in the mandatory minimum amounts. granted leave to appeal the judgment of the appellate court (Illinois), which reversed a trial court order granting OUTCOME: The court affirmed, in part, the judgment it partial summary judgment and held that appellee of the appellate court upholding the validity of the insurer's step-down provisions were not contrary to step-down provisions contained in appellee's policies. public policy and were enforceable. -
Jim Umpleby Elected As Caterpillar's Next
News October 17, 2016 Caterpillar contact: Rachel Potts Global Government & Corporate Affairs Office: 309-675-6892 Mobile: 309-573-3444 [email protected] FOR IMMEDIATE RELEASE Caterpillar Chairman and CEO Doug Oberhelman Elects to Retire in 2017; Jim Umpleby Elected as Caterpillar’s Next CEO; Dave Calhoun to Become Non-Executive Chairman of the Board PEORIA, Ill. – After more than 41 years with Caterpillar Inc. (NYSE: CAT), Chairman and CEO Doug Oberhelman has elected to retire, effective March 31, 2017. During his time as Chairman and CEO, Oberhelman has reinvigorated the company’s focus on serving customers while also driving a culture of quality and safety. Oberhelman led the company to its highest sales and revenues peak in its 91-year history in 2012, and, since that time, has successfully led the company through the unprecedented downturn affecting our key industries. During Oberhelman’s tenure: • Product quality levels have reached historically high levels. • Market position for machines has significantly increased. • New Lean Management processes have simplified and sped production capabilities, improving product availability for dealers and customers. • The company has increased its quarterly dividend by 83 percent since 2010. • The balance sheet is strong, and at the end of the second quarter of 2016, Caterpillar’s Machinery Energy & Transportation debt-to-capital ratio was 39.0 percent, with $6.764 billion in cash as of June 30, 2016. (more) -2- • Global safety metrics for employees have dramatically improved, with the Recordable Injury Frequency improving each year. • Caterpillar has been granted nearly 7,300 patents worldwide. • The company dramatically expanded its commitment to lower owning and operating costs for customers by connecting new and existing equipment through digital technology and data analytics. -
GG 050219.Pdf
GREENPOINT | WILLIAMSBURG & BUSHWICK Since 1974 Since VOLUME 47 | NUMBER 17 MAY 2, 2019 (718) 422-7400 25¢ Brooklyn Eagle Group Study: Williamsburg, Bushwick had the most alcohol-related emergency room visits in Brooklyn Greenpoint is full of bars with outdoor seating — but there won’t be many outdoor ads for booze anymore. An order from Mayor Bill de Blasio, which takes effect immediately, bans any alcohol-related ads on bus shelters, newsstands, phone booths, LinkNYC kiosks and recycling containers. See page 2. Greenpoint Gazette file photo by Lore Croghan Barges and breweries: Sofar Sounds hosts secret concerts in B’klyn’s most unique locations By Scott Enman Frustrated with issues plaguing larger events Greenpoint Gazette — like deafening music and disruptive crowds on their cellphones — founder Rafe Offer set out to From the top of a ski jump in Norway to change the stigma surrounding concerts. the highest floor of the Willis Tower in “A big component of Sofar is discovering Chicago, concert series Sofar Sounds is re- artists, but the other component is discovering defining live music events with secret per- places and discovering the city a little bit bet- formances in offbeat locations. ter,” Sofar New York City Director Stephanie What started as a group of friends hosting Mitchell told the Greenpoint Gazette. parties in their living rooms in London has “These are spaces that people often don’t grown into an international following with think they’re going to experience music in, and events in more than 350 cities. we really love to celebrate those moments where Sofar’s intimate gigs are held in both res- we’re able to work in really unique spaces.” idential and commercial settings, and Brook- The series started in London in 2009, and lyn’s unique urban makeup of waterfront began regularly hosting events in New York in warehouses, factories and industrial buildings 2011. -
October 12, 2004 CV 03 6793 Hartman V. Stat
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI HARRY HARTMAN and PAMELA ) HARTMAN, individuals, as individuals ) and assignees of Jon Graf’s rights set forth ) CASE NO. CV-03-06793 in Assignment Dated December, 2001, ) ) MEMORANDUM OPINION Plaintiffs, ) AND ORDER IN RE: ) DEFENDANT’S MOTION vs. ) FOR SUMMARY JUDGMENT ) STATE FARM FIRE AND CASUALTY ) COMPANY, a foreign corporation doing ) business in the State of Idaho, ) ) Defendants. ) ) Plaintiffs pursued claims against an insurer pursuant to an assignment of rights from its insured. Upon refusal to make payment, Plaintiffs filed the instant case against the insurer. Defendant moved for Summary Judgment. Motion denied. Joseph Jarzabek, ELSAESSER JARZABEK ANDERSON MARKS ELLIOTT & McHUGH, attorneys for Plaintiffs. James D. LaRue, Jeffrey A. Thomson, and Jon M. Bauman, ELAM & BURKE, attorneys for Defendants. MEMORANDUM OPINION AND ORDER IN RE: SUMMARY JUDGMENT: 1 I FACTUAL AND PROCEDURAL BACKGROUND A. Underlying Lawsuit In order to understand this case, it is necessary to review the underlying facts and an underlying case based upon those facts. Harry and Pamela Hartman (“Hartmans”) are the parents of Ty Hartman. On November 8, 1998, Ty disappeared after spending the evening with friends near Bonners Ferry. About a month later on December 9, 1998, Hartmans filed a wrongful death lawsuit in Boundary County against the three friends and their parents. One of those friends was Jon Graf.1 Eventually, the defendants in that lawsuit led police to the charred remains of Ty. They admitted that Ty had died early on the morning of November 9, 1998, and that some of them had burned his body. -
Audio OTT Economy in India – Inflection Point February 2019 for Private Circulation Only
Audio OTT economy in India – Inflection point February 2019 For Private circulation only Audio OTT Economy in India – Inflection Point Contents Foreword by IMI 4 Foreword by Deloitte 5 Overview - Global recorded music industry 6 Overview - Indian recorded music industry 8 Flow of rights and revenue within the value chain 10 Overview of the audio OTT industry 16 Drivers of the audio OTT industry in India 20 Business models within the audio OTT industry 22 Audio OTT pie within digital revenues in India 26 Key trends emerging from the global recorded music market and their implications for the Indian recorded music market 28 US case study: Transition from physical to downloading to streaming 29 Latin America case study: Local artists going global 32 Diminishing boundaries of language and region 33 Parallels with K-pop 33 China case study: Curbing piracy to create large audio OTT entities 36 Investments & Valuations in audio OTT 40 Way forward for the Indian recorded music industry 42 Restricting Piracy 42 Audio OTT boosts the regional industry 43 Audio OTT audience moves towards paid streaming 44 Unlocking social media and blogs for music 45 Challenges faced by the Indian recorded music industry 46 Curbing piracy 46 Creating a free market 47 Glossary 48 Special Thanks 49 Acknowledgements 49 03 Audio OTT Economy in India – Inflection Point Foreword by IMI “All the world's a stage”– Shakespeare, • Global practices via free market also referenced in a song by Elvis Presley, economics, revenue distribution, then sounded like a utopian dream monitoring, and reducing the value gap until 'Despacito' took the world by with owners of content getting a fair storm. -
Edward B. Rust Jr
Edward B. Rust Jr. Chairman of the Executive Committee U.S. Chamber of Commerce Board of Directors Chairman and Chief Executive Officer State Farm Mutual Edward B. Rust Jr., chairman of the executive committee of the U.S. Chamber board of directors and chief executive officer of State Farm Mutual and its principal affiliates, is nationally recognized as a leader of business community efforts to improve the quality of education in the United States. He is a member of Business Roundtable and The Financial Services Roundtable and co-chairman of the Business Coalition for Student Achievement. He serves on the boards of America’s Promise Alliance and the James B. Hunt, Jr., Institute for Educational Leadership. In addition, he is a member of the boards of directors of Caterpillar Inc., Helmerich & Payne, Inc., and McGraw-Hill Companies. Currently, he serves as a trustee of The Conference Board, the Committee for Economic Development, and Illinois Wesleyan University. Rust is former chairman of the Business-Higher Education Forum and Business Roundtable’s Education Initiative. He served on the National (Glenn) Commission on Mathematics and Science Teaching for the 21st Century and on the No Child Left Behind Commission. He was co-chair of Business Roundtable for more than seven years. He is also past chairman of the American Enterprise Institute, The Financial Services Roundtable, the National Alliance of Business, and the Insurance Institute for Highway Safety. A graduate of Illinois Wesleyan, Rust has a Juris Doctor degree and a master’s of business from Southern Methodist University. He joined State Farm in 1975 at the company’s Dallas, Texas, regional office. -
White+Paper+Music+10.Pdf
In partnership with COPYRIGHT INFORMATION This white paper is written for you. Wherever you live, whatever you do, music is a tool to create connections, develop relationships and make the world a little bit smaller. We hope you use this as a tool to recognise the value in bringing music and tourism together. Copyright: © 2018, Sound Diplomacy and ProColombia Music is the New Gastronomy: White Paper on Music and Tourism – Your Guide to Connecting Music and Tourism, and Making the Most Out of It Printed in Colombia. Published by ProColombia. First printing: November 2018 All rights reserved. No reproduction or copying of this work is permitted without written consent of the authors. With the kind support of the World Tourism Organization (UNWTO). The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the UNWTO or its members. The designations employed and the presentation of material in this publication do not imply the expression of any opinions whatsoever on the part of the Secretariat of the World Tourism Organization concerning the legal status of any country, territory, city or area, or of its authorities or concerning the delimitation of its frontiers or boundaries. Address Sound Diplomacy Mindspace Aldgate, 114 Whitechapel High St, London E1 7PT Address ProColombia Calle 28 # 13a - 15, piso 35 - 36 Bogotá, Colombia 2 In partnership with CONTENT MESSAGE SECRETARY-GENERAL, UNWTO FOREWORD EXECUTIVE SUMMARY 1. INTRODUCING MUSIC TOURISM 1.1. Why Music? 1.2. Music as a Means of Communication 1.3. Introducing the Music and Tourism Industries 1.3.1. -
Amicus Brief in Michael E. Cullen V. State Farm Mutual Automobile
No. 2012-0535 In the Supreme Court of Ohio MICHAEL E. CULLEN, : Case No. 2012-0535 Plaintiff/Appellee, vs. STATE FARM MUTUAL AUTOMOBILE : On Appeal from the Cuyahoga County INSURANCE COMPANY, : Court of Appeals, Eighth Appellate District Case No. CA-10-095925 Defendant/Appellant. BRIEF OF AMICUS CURIAE AMERICAN FINANCIAL SERVICES ASSOCIATION IN SUPPORT OF APPELLANT W. Craig Bashein (0034591) Stephen J. Butler (0010401) Terminal Tower, 35th Floor THOMPSON HINE LLP 50 Public Square 312 Walnut Street, 14th Floor Cleveland, Ohio 44113-2216 Cincinnati, Ohio 45202-4029 Telephone: (216) 771-3239 Telephone: (513) 352-6587 Facsimile: (216) 781-5876 Facsimile: (513) 241-4771 E-mail: [email protected] E-mail: Steve.Butler(crThompsonHine.com Paul W. Flowers (0046625) Terminal Tower, 35th Floor Jan T. Chilton (pro hac vice motion pending) 50 Public Square SEVERSON & WERSON, Cleveland, Ohio 44113 A Professional Corporation Telephone: (216) 344-9393 One Embarcadero Center, 26th Floor Facsimile: (216) 344-9395 San Francisco, California 94111 E-mail: [email protected] Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Plaintiff & Appellee E-mail: itcgseverson.com Michael E. Cullen Attorneys for Amicus Curiae American Financial Services Association FaUU 17 (U1ti 10573.0019/2310496.2 CLtftlt +Ji- COURT SUi'REF C®URT ®F ®HI® Mark A. Johnson, Counsel of Record (0030768) Joseph E. Ezzie (0075446) Robert J. Tucker (0082205) BAKER & HOSTETLER LLP 65 East State Street, Suite 2100 Columbus, Ohio 43215-4260 Telephone: (614) 228-1541 Facsimile: (614) 462-2616 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Michael K. Farrell (0040941) BAKER & HOSTETLER LLP 3200 PNC Center 1900 East Ninth Street Cleveland, Ohio 44114-3485 Telephone: (216) 621-0200 Facsimile: (216) 696-0740 E-mail: [email protected] Attorneys for Defendant & Appellant State Farm Mutual Automobile Insurance Company 10573.0019/2310496.2 TABLE OF CONTENTS Page 1. -
Allstate Insurance Company V. State Farm Mutual Insurance Company No
Allstate Insurance Company v. State Farm Mutual Insurance Company No. 43, Sept. Term, 2000 Insurance company suffers actual prejudice from non-cooperation of insured when, as a result of non-cooperation, insurer is precluded from offering evidence that would generate legitimate jury issue as to liability or damages. Circuit Court for Prince George’s County Case Nos. CAL97-13899 and CAL97-14441 IN THE COURT OF APPEALS OF MARYLAND No. 43 September Term, 2000 ______________________________________ ALLSTATE INSURANCE COMPANY v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. ______________________________________ Bell, C.J. Eldridge Raker Wilner Cathell Harrell Rodowsky, Lawrence F. (retired, specially assigned), JJ. ______________________________________ Opinion by Wilner, J. ______________________________________ Filed: March 5, 2001 It is common, indeed universal, for automobile insurance policies to contain clauses that require an insured who is involved in an accident to cooperate with the company in the investigation and resolution of any claim made against the insured. In the case at bar, the policy, issued by petitioner State Farm Insurance Company to Latricia Kirby, required Ms. Kirby, among other things, to “cooperate with us and, when asked, assist us in: a. making settlements; b. securing and giving evidence; [and] c. attending and getting witnesses to attend hearings and trials.” Kirby was involved in an automobile accident and, eventually, two claims were made against her. Although she initially cooperated with the insurer, her cooperation was short-lived. As a direct consequence of her subsequent lack of cooperation, State Farm was precluded from defending the claims, and a judgment in the amount of $150,000 was entered against Kirby. -
In the Supreme Court of California
Filed 8/1/13 IN THE SUPREME COURT OF CALIFORNIA YANTING ZHANG, ) ) Petitioner, ) ) S178542 v. ) ) Ct.App. 4/2 E047207 THE SUPERIOR COURT OF ) SAN BERNARDINO COUNTY, ) ) San Bernardino County Respondent; ) Super. Ct. No. CIVVS701287 ) CALIFORNIA CAPITAL INSURANCE ) COMPANY, ) ) Real Party in Interest. ) ____________________________________) This case arises at the intersection of the Unfair Competition Law (UCL; Bus. & Prof. Code, § 17200 et seq.) and the Unfair Insurance Practices Act (UIPA; Ins. Code, § 790 et seq.). The question is whether insurance practices that violate the UIPA can support a UCL action. In Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287, 304 (Moradi-Shalal) we held that when the Legislature enacted the UIPA, it did not intend to create a private cause of action for commission of the various unfair practices listed in Insurance Code section 790.03, subdivision (h).1 In the wake of Moradi-Shalal, a split has developed in 1 Further unspecified statutory references are to the Insurance Code. Section 790.03, subdivision (h) will be designated “section 790.03(h).” 1 the Courts of Appeal regarding the viability of UCL claims based on insurer conduct covered by section 790.03. We hold that Moradi-Shalal does not preclude first party UCL actions based on grounds independent from section 790.03, even when the insurer’s conduct also violates section 790.03.2 We have made it clear that while a plaintiff may not use the UCL to “plead around” an absolute bar to relief, the UIPA does not immunize insurers from UCL liability for conduct that violates other laws in addition to the UIPA.