By Ji-Yeon Yuh (Northwestern University)
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Calculating Lost Profit Damages: the Missouri Supreme Court Semi-Fixed the Variable Appellate Caselaw
Missouri Law Review Volume 71 Issue 1 Winter 2006 Article 11 Winter 2006 Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed the Variable Appellate Caselaw Jennifer Koboldt Bukowsky Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Jennifer Koboldt Bukowsky, Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed the Variable Appellate Caselaw, 71 MO. L. REV. (2006) Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss1/11 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Bukowsky: Bukowsky: Calculating Lost Profit Damages Calculating Lost Profit Damages: The Missouri Supreme Court "Semi-Fixed" the "Variable" Appellate Caselaw Ameristar Jet Charter,Inc. v. Dodson InternationalParts, Inc.I I. INTRODUCTION Prior to Ameristar Jet Charter,Inc. v. Dodson InternationalParts, Inc., a split of authority existed among appellate cases in Missouri as to how to calculate lost profit damages. 2 One line of cases stood for the proposition that all overhead expenses, including fixed expenses, should be deducted from estimated lost revenues to determine lost profit damages.3 Another set of cases explicitly refused to deduct all overhead; those courts only deducted variable expenses from estimated lost revenue to determine lost profit dam- ages.4 The Missouri Supreme 5 Court resolved this conflict in a unanimous decision in Ameristar. -
Friday Prime Time, April 17 4 P.M
April 17 - 23, 2009 SPANISH FORK CABLE GUIDE 9 Friday Prime Time, April 17 4 P.M. 4:30 5 P.M. 5:30 6 P.M. 6:30 7 P.M. 7:30 8 P.M. 8:30 9 P.M. 9:30 10 P.M. 10:30 11 P.M. 11:30 BASIC CABLE Oprah Winfrey Å 4 News (N) Å CBS Evening News (N) Å Entertainment Ghost Whisperer “Save Our Flashpoint “First in Line” ’ NUMB3RS “Jack of All Trades” News (N) Å (10:35) Late Show With David Late Late Show KUTV 2 News-Couric Tonight Souls” ’ Å 4 Å 4 ’ Å 4 Letterman (N) ’ 4 KJZZ 3The People’s Court (N) 4 The Insider 4 Frasier ’ 4 Friends ’ 4 Friends 5 Fortune Jeopardy! 3 Dr. Phil ’ Å 4 News (N) Å Scrubs ’ 5 Scrubs ’ 5 Entertain The Insider 4 The Ellen DeGeneres Show (N) News (N) World News- News (N) Two and a Half Wife Swap “Burroughs/Padovan- Supernanny “DeMello Family” 20/20 ’ Å 4 News (N) (10:35) Night- Access Holly- (11:36) Extra KTVX 4’ Å 3 Gibson Men 5 Hickman” (N) ’ 4 (N) ’ Å line (N) 3 wood (N) 4 (N) Å 4 News (N) Å News (N) Å News (N) Å NBC Nightly News (N) Å News (N) Å Howie Do It Howie Do It Dateline NBC A police of cer looks into the disappearance of a News (N) Å (10:35) The Tonight Show With Late Night- KSL 5 News (N) 3 (N) ’ Å (N) ’ Å Michigan woman. (N) ’ Å Jay Leno ’ Å 5 Jimmy Fallon TBS 6Raymond Friends ’ 5 Seinfeld ’ 4 Seinfeld ’ 4 Family Guy 5 Family Guy 5 ‘Happy Gilmore’ (PG-13, ’96) ›› Adam Sandler. -
LOST with a Good Book
The Lost Code: BYYJ C`1 P,YJ- LJ,1 Key Literary References and Influ- Books, Movies, and More on Your Favorite Subjects Heart of Darkness by Joseph Conrad CAS A CONR/ eAudiobook LOST on DVD A man journeys through the Congo and Lost Complete First Season contemplates the nature of good and evil. There are several references, especially in relation to Lost Season 2: Extended Experience Colonel’s Kurtz’s descent toward madness. Lost Season 3: The Unexplored Experience Lost. The Complete Fourth Season: The Expanded The Stand by Stephen King FIC KING Experience A battle between good and evil ensues after a deadly virus With a Good Book decimates the population. Producers cite this book as a Lost. The Complete Fifth Season: The Journey Back major influence, and other King allusions ( Carrie , On Writing , *Lost: Complete Sixth & Final Season is due for release 8/24/10. The Shining , Dark Tower series, etc.) pop up frequently. The Odyssey by Homer FIC HOME/883 HOME/ CD BOOK 883.1 HOME/CAS A HOME/ eAudiobook LOST Episode Guide Greek epic about Odysseus’s harrowing journey home to his In addition to the biblical episode titles, there are several other Lost wife Penelope after the Trojan War. Parallels abound, episode titles with literature/philosophy connections. These include “White especially in the characters of Desmond and Penny. Rabbit” and “Through the Looking Glass” from Carroll’s Alice books; “Catch-22”; “Tabula Rosa” (philosopher John Locke’s theory that the Slaughterhouse-Five by Kurt Vonnegut FIC VON human mind is a blank slate at birth); and “The Man Behind the Curtain” A World War II soldier becomes “unstuck in time,” and is and “There’s No Place Like Home” ( The Wonderful Wizard of Oz ). -
LOST the Official Show Auction
LOST | The Auction 156 1-310-859-7701 Profiles in History | August 21 & 22, 2010 572. JACK’S COSTUME FROM THE EPISODE, “THERE’S NO 574. JACK’S COSTUME FROM PLACE LIKE HOME, PARTS 2 THE EPISODE, “EGGTOWN.” & 3.” Jack’s distressed beige Jack’s black leather jack- linen shirt and brown pants et, gray check-pattern worn in the episode, “There’s long-sleeve shirt and blue No Place Like Home, Parts 2 jeans worn in the episode, & 3.” Seen on the raft when “Eggtown.” $200 – $300 the Oceanic Six are rescued. $200 – $300 573. JACK’S SUIT FROM THE EPISODE, “THERE’S NO PLACE 575. JACK’S SEASON FOUR LIKE HOME, PART 1.” Jack’s COSTUME. Jack’s gray pants, black suit (jacket and pants), striped blue button down shirt white dress shirt and black and gray sport jacket worn in tie from the episode, “There’s Season Four. $200 – $300 No Place Like Home, Part 1.” $200 – $300 157 www.liveauctioneers.com LOST | The Auction 578. KATE’S COSTUME FROM THE EPISODE, “THERE’S NO PLACE LIKE HOME, PART 1.” Kate’s jeans and green but- ton down shirt worn at the press conference in the episode, “There’s No Place Like Home, Part 1.” $200 – $300 576. JACK’S SEASON FOUR DOCTOR’S COSTUME. Jack’s white lab coat embroidered “J. Shephard M.D.,” Yves St. Laurent suit (jacket and pants), white striped shirt, gray tie, black shoes and belt. Includes medical stetho- scope and pair of knee reflex hammers used by Jack Shephard throughout the series. -
Exodus 24 BIG IDEA: When It Appears That God Has Lost Control of His Good Plan for Your Life, Be Assured That You Are Not Forgot
GOD, ARE YOU STILL IN CONTROL? The Isolation of Moses Exodus 24 Steve Holdaway, LifeSpring Church, 04.19.20 BIG IDEA: When it appears that God has lost control of his good plan for your life, be assured that you are not forgotten. Exodus 24:15-18 NIV When Moses went up on the mountain, the cloud covered it, and the glory of the Lord settled on Mount Sinai. For six days the cloud covered the mountain, and on the seventh day the Lord called to Moses from within the cloud. To the Israelites the glory of the Lord looked like a consuming fire on top of the mountain. Then Moses entered the cloud as he went on up the mountain. And he stayed on the mountain forty days and forty nights. Exodus 32:1-6; Exodus 32:19-24; Exodus 34:1-11 Lessons from the story of Moses on the mountain: When you feel most alone, be assured that… God is working out his plan for history and for you. He will speak to you, but you might have to isolate. God will provide his presence in place of answers. Exodus 33:14 The Lord replied, "My Presence will go with you, and I will give you rest." BIG IDEA: When it appears that God has lost control of his good plan for your life, be assured that you are not forgotten. When Moses went up on the mountain, the cloud covered it, and the glory of the Lord settled on Mount Sinai. For six days the cloud covered the mountain, and on the seventh day the Lord called to Moses from within the cloud. -
Namaste: a Party Not to Sell Your Shares??
09/13/2018 Namaste: A Party Not to Sell Your Shares?? OHHHH…the NASDAQ is going to have a field day with this rejection. Namaste Will Never Get a Nasdaq Listing; target $.25 cents ( Updated 9:25am) **** Update**** New information has come to Citron’s attention and its important. New target price $0.25. The French Presse has spoken and a credit to them. Quoting the head of Quebec Cannabis, Linda Bouchard has spoken. The takeaway is “A situation ‘totally unacceptable’”. It goes on to say, Quebec is to investigate Namaste and the article quotes “in violation of several sections of the Quebec and Canadian laws that formally prohibit the promotion of recreational cannabis products.” The College of Nurses of Quebec even imply that NamasteMD might be illegal (source). Tilray has now dropped Namaste too – let the hangover begin (source). Just when you thought you’d seen it all. Two nights ago, in Montreal, Namaste culminated its three‐month long pledge challenge with a party featuring Snoop Dogg. This is a $1 billion company that does not grow cannabis, rather they sell vape pens and have a website that did a paltry $46k in revenue last quarter as they lost $9 million. This is the type of euphoria, hype and promotion that the SEC has been warning investors about. The last few weeks have been strong for Cannabis stocks that trade in the US and investors have gone feverishly wild in creating bubble like valuations. While you can’t blame real companies like Aphria and Canntrust on hoping to join the party through a NASDAQ listing, you have to expect some party crashers to show up. -
The Lost Boys of Bird Island
Tafelberg To the lost boys of Bird Island – and to all voiceless children who have suffered abuse by those with power over them Foreword by Marianne Thamm Secrets, lies and cover-ups In January 2015, an investigative team consisting of South African and Belgian police swooped on the home of a 37-year-old computer engineer, William Beale, located in the popular Garden Route seaside town of Plettenberg Bay. The raid on Beale came after months of meticulous planning that was part of an intercontinental investigation into an online child sex and pornography ring. The investigation was code-named Operation Cloud 9. Beale was the first South African to be arrested. He was snagged as a direct result of the October 2014 arrest by members of the Antwerp Child Sexual Exploitation Team of a Belgian paedophile implicated in the ring. South African police, under the leadership of Lieutenant Colonel Heila Niemand, cooperated with Belgian counterparts to expose the sinister network, which extended across South Africa and the globe. By July 2017, at least 40 suspects had been arrested, including a 64-year-old Johannesburg legal consultant and a twenty-year-old Johannesburg student. What police found on Beale’s computer was horrifying. There were thousands of images and videos of children, and even babies, being abused, tortured, raped and murdered. In November 2017, Beale pleaded guilty to around 19 000 counts of possession of child pornography and was sentenced to fifteen years in jail, the harshest punishment ever handed down in a South African court for the possession of child pornography. -
Predicting the Potential Habitat of Three Endangered Species of Carpinus Genus Under Climate Change and Human Activity
Article Predicting the Potential Habitat of Three Endangered Species of Carpinus Genus under Climate Change and Human Activity Jiejie Sun 1,2 , Lei Feng 2,3, Tongli Wang 2 , Xiangni Tian 4, Xiao He 5 , Hui Xia 3 and Weifeng Wang 1,* 1 Co-Innovation Center for Sustainable Forestry in Southern China, College of Biology and the Environment, Nanjing Forestry University, Nanjing 210037, China; [email protected] 2 Department of Forest and Conservation Sciences, University of British Columbia, Vancouver, BC V6T 1Z4, Canada; [email protected] (L.F.); [email protected] (T.W.) 3 College of Forestry, Nanjing Forestry University, Nanjing 210037, China; [email protected] 4 School of Mathematics and Statistics, Yunnan University, Kunming 650504, China; [email protected] 5 Institute of Forest Resource Information Techniques, Chinese Academy of Forestry, Key Laboratory of Forest Management and Growth Modelling, State Forestry and Grassland Administration, Beijing 100091, China; [email protected] * Correspondence: [email protected]; Tel.: +86-(25)-8542-8015 Abstract: The impact of climate change and human activities on endangered plants has been a serious concern in forest ecology. Some Carpinus plants have become extinct. Thus, we need to pay more attention to the Carpinus plants that are not yet extinct but are endangered. Here, we employed the species distribution model (SDM) considering different climate change scenarios and human footprint to test the potential habitat changes of three Carpinus species (C. oblongifolia, C. tientaiensis, and C. purpurinervis) in the future. Our results showed that the mean diurnal range of temperature (MDRT), isothermality, mean temperature of wettest quarter, and human footprint were the most influential factors determining the distribution of C. -
Constant Contact and Shopify Work Hand-In-Hand to Help You Do More with Your Marketing
Shopify and Constant Contact Constant Contact and Shopify work hand-in-hand to help you do more with your marketing. This guide will help you sync your Shopify Here’s what we’ll go over: store with Constant Contact and make the most of our integration. Shopify integration features 01 PAGE 3 Constant Contact’s integratration with Shopify makes your email marketing easier than ever! By connecting your Shopify store to your Constant Contact account, Connecting your Shopify store you’ll be able to automatically sync your contacts, 02 PAGE 4 promote your products, recover lost revenue, and more. We have all the help you need to get the most out of our Shopify integration! Setting up an abandoned cart email 03 PAGE 5 Importing your contacts 04 PAGE 6 Setting up a sign-up form 05 PAGE 7 Creating your first email 06 PAGE 8 Segmented contact lists We automatically import your Shopify contacts who have agreed to 01 accept marketing emails from you into your Constant Contact account and place them into segmented lists, so you can target your customers Shopify based on their activity. Your contacts are even synced on a daily basis. integration features Automated abandoned cart reminder emails Recover lost revenue from customers who begin placing an order but never complete the purchase with an automated email reminder. You’ll When you sync your even be able to see how much revenue is generated from the reminders. Shopify store to your Constant Contact Drag-and-drop email content account, you can take advantage of all these If you’re an Email Plus customer, the products and services in your Shopify features! store can be easily inserted into your emails through a dedicated Shopify action block, so that you can get your items in front of the right contacts. -
IAFP Meeting
July 31-August 3 M Annual20 O N IAFPMeetingMilwaukee,11 WI D th All presentations to be held at Frontier Airlines Convention Center A Y MONDAY MORNING 9:15 Food Safety Activities in Thailand — PENSRI RODMA, AUGUST 1 Ministry of Public Health, Nonthaburi, Thailand A 10:00 Break M (Posters will be on display 10:00 a.m. − 6:00 p.m. 10:30 TBD — QINCY LISSAUR, BSI Standard Solutions, See details beginning on page 51.) London, United Kingdom S1 The Diverse and Discrepant Non-O157 STEC: 11:00 Moving Forward — Changing Cultures on Different Data, Differences and Discernment Levels — PATRICK WALL, University College Dublin, Frontier Airlines Convention Center, 203 Dublin, Ireland Sponsored by ILSI North America Technical 11:30 Panel Discussion Committee on Food Microbiology Organizer: Darinka Djordjevic S3 To Tell or Not to Tell, That is the Question! Convenor: Peter Gerner-Smidt Environmental Testing and Mandatory 8:30 The Increasing Importance of Non-O157 STEC in the Reporting — An Industry, Regulatory and United States — RAJAL MODY, Centers for Disease Public Relations Nightmare Control and Prevention, Atlanta, GA, USA Frontier Airlines Convention Center, 201AB 9:00 STEC Pathobiology and Virulence — LOTHAR BEUTIN, Sponsored by the IAFP Foundation Federal Institute for Risk Assessment, Berlin, Germany Organizers: Rudy Westervelt and Nancy Eggink 9:30 STEC Detection/Characterization Current Status — Convenors: Rudy Westervelt and Nancy Eggink Future Prospects — NANCY STROCKBINE, Centers for 8:30 Liability and Responsibility — The Legal Ramifications Disease Control and Prevention, Atlanta, GA, USA of Reporting or Not Reporting — SHAWN K. 10:00 Break STEVENS, Gass Weber Mullins, Milwaukee, WI, USA 10:30 Industry Perspectives on Non-O157 — TIMOTHY A. -
Lost Spoiler Practices: Online Interaction As Social Participation
. Volume 11, Issue 2 November 2014 Lost spoiler practices: Online interaction as social participation Ödül Gürsimsek and Kirsten Drotner Institute for the Study of CultureMedia Studies, University of Southern Denmark Abstract: The American television network ABC’s serialized drama Lost (2004-10) is a key example of recent media culture where both viewers and producers utilize a range of digital media tools to advance the narrative: producers through transmedia storytelling strategies and the creation of complex narratives, and viewers through tracing, dismantling – and sometimes questioning – content in order to create coherent meanings in the maze of narratives. Online audiences, such as spoiler communities, may uncover components of transmedia storytelling, discuss their validity and enhance them with individual and collective content production, thus negotiating purposes and interpretive practices with producers and amongst themselves. Through critical discourse analysis of key instances where the Lost community collaborates over resources beyond the official Lost transmedia narratives, this article argues and documents that interactions between Lost audiences and producers operate as forms of social participation when spoiler-seeking audiences work to unravel, challenge and predict the narrative while the producers seek to orchestrate transmedia storytelling experiences. Our results serve as a sobering empirical critique of the more celebratory claims made about the emancipatory potentials of participatory online practices. Keywords: -
The First Case of an HIV Patient Diagnosed with COVID-19 in Korea
J Korean Med Sci. 2020 Oct 12;35(39):e358 https://doi.org/10.3346/jkms.2020.35.e358 eISSN 1598-6357·pISSN 1011-8934 Case Report The First Case of an HIV Patient Infectious Diseases, Microbiology & Parasitology Diagnosed with COVID-19 in Korea Ji-Yeon Kim ,1 Jong Myoung Kim ,2 and Kyong Ran Peck 3 1Division of Infectious Disease, Department of Medicine, Seongnam Citizens Medical Center, Seongnam, Korea 2Department of Family Medicine, Seongnam Citizens Medical Center, Seongnam, Korea 3Division of Infectious Disease, Department of Medicine, Samsung Medical Center, Sungkyunkwan University School of Medicine, Seoul, Korea Received: Sep 6, 2020 Accepted: Sep 23, 2020 ABSTRACT Address for Correspondence: Although some comorbidities, such as diabetes mellitus, lung disease, and chronic kidney Kyong Ran Peck, MD, PhD disease, are known as risk factors for poor clinical outcome in patients with coronavirus Division of Infectious Disease, Department disease 2019 (COVID-19), it is unknown if human immunodeficiency virus (HIV) patients of Medicine, Samsung Medical Center, Sungkyunkwan University School of Medicine, with COVID-19 would have poor prognosis than others. Rare cases of HIV patients with 81 Irwon-ro, Gangnam-gu, Seoul 06351, Korea. COVID-19 have been reported. As of May 25th, 2020, over 11,000 patients have been E-mail: [email protected] diagnosed with COVID-19 and over 13,000 are living with HIV in Korea. Here, we present the first HIV patient with COVID-19 in Korea. The 29-year-old Korean man had been © 2020 The Korean Academy of Medical ® Sciences. taking Genvoya regularly for seven years and HIV was well suppressed with CD4 counts 3 This is an Open Access article distributed of 555/mm .