Salary Data – FY 2014
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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. -
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. -
From the Heart
OASSP & OMLEA PRESENTS FROM THE HEART LEADERSHIP & LEARNING CONFERENCE OASSP Executive Committee Members Kimberly Coody, President, Principal, Glenpool HS Michael Higgins, Region 8, Principal, Hammon HS Dusty Throckmorton, President Elect, Todd Overstreet, Region 9, Principal, Kingfisher HS Assistant Principal, Guthrie HS Steve Anderson, Region 10, Principal, Mannford HS Chris LeGrande, OASSP Past President, Kimberly Fleak, Region 11, Principal, Muskogee HS NASSP Coordinator, Principal, Guthrie HS Vicki Bush, Region 12, Principal, Tahlequah HS Connie Miller, Region 1, Principal, Texhoma PS Melissa Barlow, Region 13, Principal, Yukon HS Ron Sunderland, Region 2, Principal, Woodward HS Tony Rose, Region 14A, Principal, Memorial HS Dalana Hawkins, Region 3, Assistant Principal, Stephanie Williams, Region 14B, Principal, Longfellow MS Ponca City HS Justin MacDonald, Region 15, Principal, North Rock Creek Robert (Bo) Gamble, Region 4, Principal, Stillwater MS Marshall Brence, Region 16, Principal, Pansy Kidd MS David Beiler, Region 5A, Principal, Jenks HS Randy Biggs, Region 17, Principal, Frederick HS Eric Fox, Region 5A, Associate Principal, Jenks HS Tim Hightower, Region 18, Assistant Principal, Duncan HS Mickey Replogle, Region 5B, Justin Kana, Region 19, Principal, Healdton HS Grade 12 Principal, Broken Arrow HS Ead Simon, Region 20, Principal, Roff HS Michelle Gibson, Region 6, Principal, Vinita HS Kevin Robinson, Region 21, Principal, Calera HS Bobby Kreutz, Region 7, Assistant Principal, Grove HS Laura Bullock, Region 22, Principal, Idabel MS OASSP Executive Committee Advisors Dr. William Frick, University Consultant, Leslie Frazier, OANHS Coordinator, Principal, University of Oklahoma Coweta Intermediate HS Dr. Stephoni Case, University Consultant, Dr. Scott Beck, OASSP/NASSP HS POY, Southern Nazarene University Principal, Norman HS Dr. -
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. -
Page 1 of 283 State Cong Code LEA Code LEA Name Estimated FY2018
Table 2. Estimated FY2018 Grants to Local Educational Agencies (LEAs) Under Title IV-A at an Appropriations Level of $1.1 Billion Dollars in thousands Source: Table prepared by CRS, March 26, 2018, based on unpublished data provided by the U.S. Department of Education (ED), Budget Service and congressional district information available from the U.S. Census Bureau. The appropriations level was provided by the requester. Notice: These are estimated grants only. These estimates are provided solely to assist in comparisons of the relative impact of alternative formulas and funding levels in the legislative process. They are not intended to predict specific amounts LEAs will receive. In addition to other limitations, data needed to calculate final grants may not yet be available. State Cong code LEA code LEA name Estimated FY2018 grant amount AL 102 100001 Fort Rucker School District $10 AL 102 100003 Maxwell AFB School District $10 AL 104 100005 Albertville City School District $153 AL 104 100006 Marshall County School District $192 AL 106, 107 100007 Hoover City School District $86 AL 105 100008 Madison City School District $57 AL 103, 106 100011 Leeds City School District $32 AL 104 100012 Boaz City School District $41 AL 103, 106, 107 100013 Trussville City School District $20 AL 103 100030 Alexander City City School District $83 AL 102 100060 Andalusia City School District $51 AL 103 100090 Anniston City School District $122 AL 104 100100 Arab City School District $26 AL 105 100120 Athens City School District $54 AL 104 100180 Attalla -
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. -
2009 Academic Performance Index Oklahoma Public Schools Regular Education Students
2009 Academic Performance Index Oklahoma Public Schools Regular Education Students API Total API Total API School/District Configuration 2008 2009 STATE STATE 1279 1289 ADAIR COUNTY BELL BELL PUBLIC SCHOOL Elementary School **** **** CAVE SPRINGS CAVE SPRINGS PUBLIC SCHOOLS K-12 1139 **** CAVE SPRINGS ES Elementary School 1430 **** CAVE SPRINGS HS High School 620 **** DAHLONEGAH DAHLONEGAH PUBLIC SCHOOL Elementary School 1130 1224 GREASY GREASY PUBLIC SCHOOL Elementary School 1182 847 MARYETTA MARYETTA PUBLIC SCHOOL Elementary School 1303 1293 PEAVINE PEAVINE PUBLIC SCHOOL Elementary School 918 1074 ROCKY MOUNTAIN ROCKY MOUNTAIN PUBLIC SCHOOL Elementary School 1471 1443 SKELLY SKELLY PUBLIC SCHOOL Elementary School 1232 1107 STILWELL STILWELL PUBLIC SCHOOLS K-12 1169 1171 STILWELL ES Elementary School 1326 1349 STILWELL MS Middle School 1212 1152 STILWELL HS High School 1167 1211 ****If the number of test scores does not meet the minimum requirement of 30, results are not shown and are represented by asterisks. Page 1 10/2/2009 2009 Academic Performance Index Oklahoma Public Schools Regular Education Students API Total API Total API School/District Configuration 2008 2009 ADAIR COUNTY WATTS WATTS PUBLIC SCHOOLS K-12 922 1076 WATTS ES Elementary School 933 1147 WATTS HS High School 1036 1075 WESTVILLE WESTVILLE PUBLIC SCHOOLS K-12 1167 1198 WESTVILLE ES Elementary School 1183 1163 WESTVILLE JHS Junior High School 1278 1307 WESTVILLE HS High School 1057 1251 ZION ZION PUBLIC SCHOOL Elementary School 1311 1415 ALFALFA COUNTY BURLINGTON BURLINGTON -
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.