DOCSLIB.ORG

1 in the United States District Court for The

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
1 in the United States District Court for The Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JOSEPHINE GRIMM and ) LESTER GRIMM, ) Plaintiffs, ) ) Civil Action No.08-785 v. ) Judge Nora Barry Fischer ) FIRST NATIONAL BANK OF ) PENNSYLVANIA, ) Defendant. ) JOSEPHINE GRIMM and ) LESTER GRIMM, ) Plaintiffs, ) v. ) Civil Action No. 08-816, related. ) Judge Nora Barry Fischer CHASE BANK USA, NA, ) Defendant. ) MEMORANDUM OPINION I. INTRODUCTION Plaintiffs Josephine Grimm and Lester Grimm (hereinafter “Plaintiffs”) filed the first styled civil action against Defendant First National Bank of Pennsylvania (hereinafter “FNB”), alleging nine causes of action arising out of alleged fraudulent activity associated with checking accounts Plaintiffs held with FNB. Specifically, Plaintiffs allege: (1) breach of contract; (2) negligence; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) breach of fiduciary duty; (6) violation of the Pennsylvania Unfair Trade Practices/Consumer Protection Law (“UTP/CPL”); (7) 1 Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 2 of 27 violation of the Uniform Commercial Code (“UCC”); (8) violation of Electronic Funds Transfer Act; and (9) negligence per se. Pending before the Court is Defendant’s Motion to Compel Arbitration or, in the alternative, Partial Motion to Dismiss Plaintiffs’ Amended Complaint [7] at Civil Action No. 08-785. Similarly, Plaintiffs filed the related lawsuit at Civil Action No. 08-816 against Defendant Chase Bank USA, NA 1 (hereinafter “Chase”), alleging eight causes of action arising out of alleged fraudulent activity associated with credit card accounts Plaintiffs held with Defendant. Specifically, Plaintiffs allege: (1) breach of implied contract; (2) negligence; (3) fraudulent misrepresentation; (4) negligent misrepresentation; (5) breach of fiduciary duty; (6) violations of the Pennsylvania Unfair Trade Practices/Consumer Protection Law (“UTP/CPL”); (7) violation of the Truth in Lending Act (“TILA”) and Consumer Credit Protection Act (“CCPA”); and (8) negligence per se. Pending before the Court is Defendant Chase’s Motion to Dismiss Plaintiffs’ Amended Complaint [3] at Civil Action No. 08-816. As said pending Motions are strikingly similar in their factual nature and the relief requested, the Court will address these Motions simultaneously. II. FACTUAL BACKGROUND A. Plaintiffs v. FNB (08-785) During the relevant time period, between October 2005 and April 2006, Plaintiffs allege that 1 Originally, Plaintiffs filed said action against JP Morgan Chase & Company. However, the parties filed a Joint Stipulation correctly identifying the Defendant as Chase Bank USA, NA. (Civil Action No. 08-816, Docket No. 27). 2 Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 3 of 27 they held “at least” two checking accounts with FNB.2 (Civil Action No. 08-785, Docket No. 1, Exhibit A at ¶5).3 During this time period, Plaintiffs allege that these checking accounts were defrauded in an amount in excess of $131,952.00. (Id. at ¶6). Specifically, Plaintiffs allege that FNB failed to notify them of repeated withdrawals from their accounts, namely 25 withdrawals made over three days by the same entity, “OceanViewSA.” 4 (Id. at ¶¶7-8). In addition, Plaintiffs allege that they were disabled while the fraudulent activity occurred, and were thus unable to immediately detect the fraudulent charges. (Id. at ¶9). According to letters from their treating physicians attached to the Amended Complaint, Mr. Grimm suffers from severe cardiac problems, including the sequelae of three cerebral vascular accidents (“CVA”),5 while Mrs. Grimm suffers from fourth stage Lyme disease,6 depression, and neurological problems. (Id. at Exhibits 1-2). 2 Plaintiffs have attached the agreements governing their checking accounts with FNB to their Amended Complaint. (See Civil Action No. 08-785, Docket No. 1-3 at 22-86). 3 Hereinafter, the Court will cite Plaintiffs’ Amended Complaint as “Docket No. 1.” 4 According to internet blogs, “OceanviewSA” is a common unauthorized charge that appears on bank statements and is associated with identity theft through betting and or gaming. See Posting of vgyhnji, to http://www.casinomeister.com/forums/online-casinos/8958-oceanviewsa-can anyone- help.html (July 2005); see also Posting of Dan (el_passo) http://www.elpassoblog.com/ identify-spoof-emails-and-stop-identity-thef/ (Jun. 29, 2006). 5 A CVA is an apoplectic stroke, a hemorrage into the brain or blockage of a blood vessel in the brain. 1 J.E. Schmidt, M.D., Attorneys’ Dictionary of Medicine C-164 (2007). 6 Lyme disease is “a recurrent, multisystemic disorder caused by the sprochete Borrelia burgdoferi; vectors for human infection are the ticks ... It begins in most cases with erythema chronicum migran (at least 5 cm in diameter), which is followed by myalgia, arthritis of large joints, stiff neck, nervous system problems, cardiovascular problems, and other systemic symptoms, such 3 Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 4 of 27 After detecting the alleged fraudulent activity, Plaintiffs notified FNB and the Secret Service of same. (Id. at ¶¶10-11). A special agent with the Secret Service conducted an investigation into the fraudulent activity associated with Plaintiffs’ account with Defendant, as well as their accounts with other credit lending institutions. In a letter addressed to Plaintiffs’ counsel dated December 11, 2006, the Secret Service agent stated that the Plaintiffs were defrauded by unknown individuals in an amount in excess of $600,000.00. (See Id., Exhibit 4). The agent further stated that it appeared that Plaintiffs were defrauded through the use of hidden computer software, known as spyware, associated with a company believed to be RiverBelleCasino.com,7 a subsidiary of Belle Rock Entertainment, an online gambling website. Id. During the course of the Secret Service’s investigation, Mrs. Grimm stated that she voluntarily submitted personal information to RiverBelleCasino.com in order to download online gambling software. Id. In the months after submitting this information, numerous individual credit cards were obtained by unidentified third parties in Mrs. Grimm’s name, and these credit cards accumulated large amounts of unauthorized charges. Id. Plaintiffs allege that FNB was obligated to provide fraud protection on their checking accounts and failed to satisfy this obligation by overlooking the fraudulent activity and refusing to as chills, fever, headache, malaise, and vomiting.” Dorland’s Illustrated Medical Dictionary 545 (31st ed. 2007). 7 River Belle Online Casino was launched in 1997, is a member of the Interactive Gaming Council (IGC), and is licensed to conduct business by the Government of Gibralter. “You can play for fun, or play for real money by downloading the Online casino software.” River Belle Online Casino offers over 200 interactive games. See http://www.riverbelle.com/portal/about- us.asp?VT=524285658&EventId=27227. 4 Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 5 of 27 compensate Plaintiffs for the fraudulent withdrawals. (Docket No. 1 at ¶¶14-15). B. Plaintiffs v. Chase (08-816) Plaintiffs allege that between October 2005 and July 2006, they held “at least” five credit card accounts with Chase.89 (Civil Action No. 08-816, Docket No. 1, Exhibit C at ¶5). During this time period, Plaintiffs allege that there were fraudulent charges made to their credit cards with Chase in an amount in excess of $170,000.00. (Id. at ¶6). Plaintiffs also allege that Chase failed to notify them that unusually large amounts were being charged to their credit cards. (Id. at ¶7). For example, Plaintiffs allege that Chase failed to notify them that one entity, “Flightserv,” 10 made eight transactions in two days involving the Plaintiffs’ accounts, totaling approximately $5,800.00. (Id. at ¶8). As detailed above, Plaintiffs allege that they were disabled while the fraudulent activity associated with their credit card accounts occurred and were thus unable to detect the fraud until August of 2006. (Id. at ¶¶7-8). After detecting the alleged fraudulent activity, Plaintiffs notified Chase and the Secret Service of the fraudulent charges. (Id. at ¶¶8-9). As noted, a special agent with the Secret Service conducted an investigation into the fraudulent activity associated with Plaintiffs’ Chase accounts. Plaintiffs further allege that Chase was obligated to provide fraud protection on their credit cards and failed 8 Plaintiffs have attached credit card agreements governing their accounts with Chase to their Amended Complaint. (See Civil Action No. 08-816 at Docket No. 1, Exhibit 5-9). 9 Hereinafter, the Court will cite Plaintiffs’ Amended Complaint as “Docket No. 1.” Flightserv appears to be an Atlanta, Georgia based travel services company. See http://www.bizjournals.com/atlanta/stories/2004/06/21/story7.html 5 Case 2:08-cv-00785-NBF Document 34 Filed 09/16/08 Page 6 of 27 to satisfy this obligation by overlooking the fraudulent activity and only reimbursing the Grimms for approximately $112,000.00 of the fraudulent charges. (Id at ¶¶13-14).11 III. PROCEDURAL HISTORY A. Plaintiffs v. FNB (08-785) Plaintiffs filed an Amended Complaint on May 16, 2008 in the Court of Common Pleas of Westmoreland County, Pennsylvania.12 (Civil Action No. 08-785, Docket No. 1 at ¶ 3). On June 6, 2008, FNB timely removed the action to federal court based on this Court’s federal question jurisdiction pursuant to 28 U.S.C. § 1331 in that Plaintiffs’ claims assert a violation of the Electronic Funds Transfer Act, a law of the United States. (Civil Action No. 08-785, Docket No. 1). At that time, this case was assigned to Judge David S. Cercone. Thereafter, FNB filed its Motion to Compel Arbitration or, in the Alternative, Partial Motion to Dismiss Plaintiffs’ Amended Complaint on June 17, 2008. (Civil Action No. 08-785, Docket No. 7). On July 21, 2008, Plaintiffs filed a Response to FNB’s Motion to Compel Arbitration or, in the Alternative, Partial Motion to Dismiss Plaintiffs’ Amended Complaint along with a Motion to Strike.
Load more

Recommended publications
  • Practical Law, Joining Nonsignatories to an Arbitration in the US
    PRACTICE NOTE Joining Nonsignatories to an Arbitration in the US by Practical Law Litigation and Practical Law Arbitration, based on an article authored by Allan Van Fleet, G. Allan Van Fleet, P.C., and Mark A. Correro, Correro & Leisure, P.C. Status: Maintained | Jurisdiction: United States This document is published by Practical Law and can be found at: us.practicallaw.tr.com/w-011-3186 Request a free trial and demonstration at: us.practicallaw.tr.com/about/freetrial This Practice Note examines the circumstances under which a party not signing an arbitration agreement may participate in an arbitration. The Note explains when a nonparty to an arbitration agreement can join a signatory, when a party can join a nonsignatory, whether the issue is decided by courts or arbitrators, and when parties to the arbitration can enforce arbitral awards against third parties not signing or participating in the arbitration. Scope of This Note Judicial Assistance in Joining This Note explains the circumstances under which a Nonsignatories to an Arbitration nonsignatory to an arbitration agreement may participate in an arbitration proceeding. Nonsignatories may be joined, Choice of Law for example, where there are multiple interdependent A US court’s approach to joining a nonsignatory contracts or where not all participants of a commercial to an arbitration depends on the relevant state transaction are parties to the agreement containing law principles on the validity, revocability, and the arbitration clause. This issue often arises where a enforceability of contracts (Perry v. Thomas, 482 U.S. contracting party is a member of a group of companies 483, 493, n.9 (1987)).
    [Show full text]
  • Mothers Grimm Kindle
    MOTHERS GRIMM PDF, EPUB, EBOOK Danielle Wood | 224 pages | 01 Oct 2016 | Allen & Unwin | 9781741756746 | English | St Leonards, Australia Mothers Grimm PDF Book Showing An aquatic reptilian-like creature that is an exceptional swimmer. They have a temper that they control and release to become effective killers, particularly when a matter involves a family member or loved one. She took Nick to Weston's car and told Nick that he knew Adalind was upstairs with Renard, and the two guys Weston sent around back knew too. When Wu asks how she got over thinking it was real, she tells him that it didn't matter whether it was real, what mattered was losing her fear of it. Dick Award Nominee I found the characters appealing, and the plot intriguing. This wesen is portrayed as the mythological basis for the Three Little Pigs. The tales are very dark, and while the central theme is motherhood, the stories are truly about womanhood, and society's unrealistic and unfair expectations of all of us. Paperback , pages. The series presents them as the mythological basis for The Story of the Three Bears. In a phone call, his parents called him Monroe, seeming to indicate that it is his first name. The first edition contained 86 stories, and by the seventh edition in , had unique fairy tales. Danielle is currently teaching creative writing at the University of Tasmania. The kiss of a musai secretes a psychotropic substance that causes obsessive infatuation. View all 3 comments. He asks Sean Renard, a police captain, to endorse him so he would be elected for the mayor position.
    [Show full text]
  • Is Your Arbitration Clause Enforceable?
    Is Your Arbitration Clause Enforceable? Is your agreement to arbitrate disputes ironclad? You may be wrong. A recent Hawaii Court of Appeals decision proposes a modification to the theory to which many have subscribed: ambiguous text renders the arbitration agreement as hollow. In this case, determining whether the arbitration agreement was enforceable Sarah E. Carson Partner hinged on indirect evidence of the parties’ intent to be bound by the Raleigh, North Carolina agreement to arbitrate, not merely the provisions in the contract. Washington, D.C. Atlanta, Georgia T: 919.455.0171 The Arbitration Agreement and Supplemental Conditions E: [email protected] In Safeway, Inc. v. Nordic PCL Constr., Inc., 312 P.3d 1224 (Haw. Ct. App. 2013) the owner, a supermarket chain, sued the general contractor for damages associated with a water leak in the store. In moving to compel arbitration, the general contractor relied on language in the AIA A101 Standard Form of Agreement Between Owner and Contractor (the “Contract”), which required disputes to be arbitrated. The owner responded with a two tiered attack. First, the owner argued that a specific clause in the Supplemental Conditions voided the agreement to arbitrate. Second, the owner reasoned that the present dispute over the text of the contract as a whole demonstrates the arbitration agreement’s ambiguity and thus, it must be voided. Determining the contract was “confusing as heck to me,” the trial court judge adopted the owner’s argument as to the ambiguity of the text: “because there’s more than one reasonable interpretation of the arbitration agreement, the agreement itself is ambiguous.” The contractor appealed that ruling.
    [Show full text]
  • UCC “Battle of the Forms” and Arbitrability
    What Arbitrators Need to Know: UCC “Battle of the Forms” and Arbitrability CHARTERED INSTITUTE OF ARBITRATORS | JULY 9, 2020 Speakers • Drafts arbitration agreements and advises on consumer arbitration programs. • Litigated over a dozen motions to compel arbitration. • Litigated hotly contested threshold issues of arbitrability. • E.g., does a judge or an arbitrator decide if an arbitration agreement permits class arbitration? • Decided arbitrability as a neutral many times. • Charles E. Harris, II Rejected the claimant’s procedural unconscionability arguments and found that some of the Partner, Mayer Brown claims in the demand fell within the arbitration agreement and some did not. • Drafts and reviews arbitration agreements. • Represents multinational companies before domestic and international arbitral tribunals, including JAMS, AAA, ICC, ICDR and SIAC. • Obtains and defends against judicial review of arbitration awards. • Fellow of the Chartered Institute of Arbitrators. • Center for Conflict Resolution Trained Mediator. Sarah E. Reynolds Partner, Mayer Brown 2 Agenda • Delegation of Arbitrability • UCC Article 2 Battle of the Forms Provision • COVID-19-Related Supply Chain Scenario • Hypotheticals • Questions and Comments 3 Delegation of Questions of Arbitrability to the Arbitrator • Arbitrability generally raises two questions: 1. whether there is a valid arbitration agreement, and 2. whether the particular dispute falls within the scope of that agreement. • As a general rule, courts, not arbitrators, decide arbitrability. Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 83 (2002). • The parties may delegate arbitrability to the arbitrator as long as they do so by clear and unmistakable evidence. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-46 (1995); Rent-A-Center, W., Inc.
    [Show full text]
  • Unconscionability Wars †
    Copyright 2012 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 106, No. 1 UNCONSCIONABILITY WARS † David Horton ABSTRACT —For decades, courts have invoked the contract defense of unconscionability to invalidate one-sided arbitration clauses. Recently, however, a growing cadre of judges, scholars, and litigants has asserted that this practice is incompatible with the Federal Arbitration Act (FAA). Some claim that the FAA only permits arbitrators—not courts—to find arbitration clauses to be unconscionable. Others, such as Justice Thomas—who provided the decisive vote in the Court’s recent decision in AT&T Mobility LLC v. Concepcion —contend that the statute’s plain language immunizes arbitration clauses from unconscionability in all circumstances. This Essay responds to these arguments. In particular, it challenges the cornerstone of both anti-unconscionability theories: that the FAA’s text only allows courts to strike down arbitration clauses for reasons that relate to the “making” of the agreement to arbitrate. AUTHOR —Acting Professor of Law, University of California, Davis, School of Law (effective July 2012); Associate Professor of Law, Loyola Law School, Los Angeles (through July 2012). Thank you to Hiro Aragaki and Stephen J. Ware for helpful comments. † This Essay was originally published in the orthwestern University Law Review Colloquy on August 22, 2011, 106 NW. U. L. REV . COLLOQUY 13 (2011), http://www.law.northwestern.edu/ lawreview/colloquy/2011/17/LRColl2011n17Horton.pdf. 387 N O R T H W E S T E R N U N I V E R S I T Y L A W R E V I E W INTRODUCTION ............................................................................................................
    [Show full text]
  • United States District Court Northern District of Ohio Eastern Division
    Case: 1:19-cv-02024-CAB Doc #: 14 Filed: 05/26/20 1 of 13. PageID #: <pageID> UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ADRIAN VLAD, ET AL., ) CASE NO. 1:19CV2024 ) Plaintiff, ) JUDGE CHRISTOPHER A. BOYKO ) vs. ) ) DGI TRUCKING, INC., ) OPINION AND ORDER ) Defendant. ) CHRISTOPHER A. BOYKO, J: This matter is before the Court on Defendant DGI Trucking, Inc.’s Motion to Stay Proceedings Pending Arbitration. (ECF # 5). For the following reasons, the Court grants, in part, Defendant’s Motion to Stay. The Court will stay the litigation in order to allow the Magistrate Judge assigned to the case to hold an evidentiary hearing on whether the parties clearly and unmistakably agreed to delegate questions or arbitrability to the arbitrator. The Magistrate upon completion of the evidentiary hearing shall provide the Court a Report and Recommendation on the issue for the Court’s approval. According to Plaintiffs’ Complaint, Plaintiffs Adrian Vlad (“Vlad”) Lucian Solomon (“Solomon”), Daniel Varvaruc (“Varvaruc”) and Daniel Tarog (“Tarog”) are owner-operator, independent truck drivers who entered into lease agreements with Defendant DGI Trucking, Case: 1:19-cv-02024-CAB Doc #: 14 Filed: 05/26/20 2 of 13. PageID #: <pageID> Inc. (“DGI”), an authorized carrier. Under federal regulations, authorized carriers like DGI may transport interstate using equipment it does not own so long as the equipment is covered by a written lease that conforms to the requirements of 49 CFR § 376. Each Plaintiff entered into multiple lease agreements with DGI. According to Plaintiffs, DGI failed to include several provisions in the lease agreements required under law.
    [Show full text]
  • The Open Notebook’S Pitch Database Includes Dozens of Successful Pitch Letters for Science Stories
    Selected Readings Prepared for the AAAS Mass Media Science & Engineering Fellows, May 2012 All contents are copyrighted and may not be used without permission. Table of Contents INTRODUCTION PART ONE: FINDING IDEAS 1. Lost and found: How great non-fiction writers discover great ideas—In this topical feature, TON guest contributor Brendan Borrell interviews numerous science writers about how they find ideas. (The short answer: In the darndest places.) 2. Ask TON: Saving string—Writers and editors provide advice on gathering ideas for feature stories. 3. Ask TON: From idea to story—Four experienced science writers share the questions they ask themselves when weighing whether a story idea is viable. 4. Ask TON: Finding international stories—Six well-traveled science writers share their methods for sussing out international stories. PART TWO: PITCHING 5. Ask TON: How to pitch—In this interview, writers and editors dispense advice on elements of a good pitch letter. 6. Douglas Fox recounts an Antarctic adventure—Doug Fox pitched his Antarctica story to numerous magazines, unsuccessfully, before finding a taker just before leaving on the expedition he had committed to months before. After returning home, that assignment fell through, and Fox pitched it one more time—to Discover, who bought the story. In this interview, Fox describes the lessons he learned in the pitching process; he also shares his pitch letters, both unsuccessful and successful (see links). 7. Pitching errors: How not to pitch—In this topical feature, Smithsonian editor Laura Helmuth conducts a roundtable conversation with six other editors in which they discuss how NOT to pitch.
    [Show full text]
  • Standard Arbitration Clauses for the AAA and ICDR
    DRAFTING NOTES AFRICA STUDIO/Shutterstock.com Standard Arbitration Clauses for the AAA and ICDR This excerpt of Standard Clauses from our website can be used when drafting an arbitration agreement applying the rules of the American Arbitration Association (AAA) or the International Centre for Dispute Resolution (ICDR). These clauses are modeled on the standard recommended arbitration clauses of the AAA and ICDR, and have integrated notes with important explanations and drafting tips. For the complete, continuously maintained version of this resource, which includes the standard recommended clauses of the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL), visit Practical Law online. LEA HABER KUCK JULIE BÉDARD COLM P. McINERNEY PARTNER PARTNER ASSOCIATE SKADDEN, ARPS, SLATE, SKADDEN, ARPS, SLATE, SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP MEAGHER & FLOM LLP MEAGHER & FLOM LLP Lea concentrates her Julie concentrates her Colm focuses his practice on the resolution practice on international practice on international of complex disputes arising litigation and arbitration. litigation and arbitration. out of international business transactions. She She regularly advises clients on the drafting of He represents US and international clients represents clients in federal and state courts in dispute resolution clauses and has served as in matters involving complex corporate and the US, as well as in international arbitrations counsel in international arbitration proceedings commercial litigation, in both federal and state conducted under UNCITRAL, the ICC, ICDR, held under the auspices of the ICC, AAA, ICDR courts and in international arbitrations. London Court of International Arbitration and and International Centre for Settlement of other arbitration rules.
    [Show full text]
  • The Arbitration Clause As Super Contract
    Washington University Law Review Volume 91 Issue 3 2014 The Arbitration Clause as Super Contract Richard Frankel Drexel University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Dispute Resolution and Arbitration Commons Recommended Citation Richard Frankel, The Arbitration Clause as Super Contract, 91 WASH. U. L. REV. 531 (2014). Available at: https://openscholarship.wustl.edu/law_lawreview/vol91/iss3/4 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE ARBITRATION CLAUSE AS SUPER CONTRACT RICHARD FRANKEL ABSTRACT It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts. Nonetheless, federal and state courts have turned arbitration clauses into “super contracts” by creating special interpretive rules for arbitration clauses that do not apply to other contracts. In doing so, they have relied extensively, and incorrectly, on the Supreme Court’s determination that the FAA embodies a federal policy favoring arbitration. While many scholars have focused attention on the public policy rationales for and against arbitration, few have explored how arbitration clauses should be interpreted. This Article fills that gap and asserts that the judiciary’s inappropriate reliance on the federal policy favoring arbitration distorts state contract law to push cases into arbitration that do not belong there, thereby unfairly depriving litigants of access to the courts.
    [Show full text]
  • The Complete Stories
    The Complete Stories by Franz Kafka a.b.e-book v3.0 / Notes at the end Back Cover : "An important book, valuable in itself and absolutely fascinating. The stories are dreamlike, allegorical, symbolic, parabolic, grotesque, ritualistic, nasty, lucent, extremely personal, ghoulishly detached, exquisitely comic. numinous and prophetic." -- New York Times "The Complete Stories is an encyclopedia of our insecurities and our brave attempts to oppose them." -- Anatole Broyard Franz Kafka wrote continuously and furiously throughout his short and intensely lived life, but only allowed a fraction of his work to be published during his lifetime. Shortly before his death at the age of forty, he instructed Max Brod, his friend and literary executor, to burn all his remaining works of fiction. Fortunately, Brod disobeyed. Page 1 The Complete Stories brings together all of Kafka's stories, from the classic tales such as "The Metamorphosis," "In the Penal Colony" and "The Hunger Artist" to less-known, shorter pieces and fragments Brod released after Kafka's death; with the exception of his three novels, the whole of Kafka's narrative work is included in this volume. The remarkable depth and breadth of his brilliant and probing imagination become even more evident when these stories are seen as a whole. This edition also features a fascinating introduction by John Updike, a chronology of Kafka's life, and a selected bibliography of critical writings about Kafka. Copyright © 1971 by Schocken Books Inc. All rights reserved under International and Pan-American Copyright Conventions. Published in the United States by Schocken Books Inc., New York. Distributed by Pantheon Books, a division of Random House, Inc., New York.
    [Show full text]
  • Headache and Comorbidities in Childhood and Adolescence Headache
    Headache Series Editor: Paolo Martelletti Vincenzo Guidetti Marco A. Arruda Aynur Ozge Editors Headache and Comorbidities in Childhood and Adolescence Headache Series Editor Paolo Martelletti Roma, Italy [email protected] The purpose of this Series, endorsed by the European Headache Federation (EHF), is to describe in detail all aspects of headache disorders that are of importance in primary care and the hospital setting, including pathophysiology, diagnosis, management, comorbidities, and issues in particular patient groups. A key feature of the Series is its multidisciplinary approach, and it will have wide appeal to internists, rheumatologists, neurologists, pain doctors, general practitioners, primary care givers, and pediatricians. Readers will find that the Series assists not only in understanding, recognizing, and treating the primary headache disorders, but also in identifying the potentially dangerous underlying causes of secondary headache disorders and avoiding mismanagement and overuse of medications for acute headache, which are major risk factors for disease aggravation. Each volume is designed to meet the needs of both more experienced professionals and medical students, residents, and trainees. More information about this series at http://www.springer.com/series/11801 [email protected] Vincenzo Guidetti • Marco A. Arruda Aynur Ozge Editors Headache and Comorbidities in Childhood and Adolescence [email protected] Editors Vincenzo Guidetti Marco A. Arruda Child and Adolescent Neuropsychiatry University of São Paulo Sapienza University Neuropsychiatry, Glia Institute Rome Ribeirão Preto Italy Brazil Aynur Ozge Neurology, Algology and Clinical Neurophysiology Mersin University School of Medicine Mersin, Adana Turkey ISSN 2197-652X ISSN 2197-6538 (electronic) Headache ISBN 978-3-319-54725-1 ISBN 978-3-319-54726-8 (eBook) DOI 10.1007/978-3-319-54726-8 Library of Congress Control Number: 2017947346 © Springer International Publishing AG 2017 This work is subject to copyright.
    [Show full text]
  • Sympathy for the Devil: Volatile Masculinities in Recent German and American Literatures
    Sympathy for the Devil: Volatile Masculinities in Recent German and American Literatures by Mary L. Knight Department of German Duke University Date:_____March 1, 2011______ Approved: ___________________________ William Collins Donahue, Supervisor ___________________________ Matthew Cohen ___________________________ Jochen Vogt ___________________________ Jakob Norberg Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of German in the Graduate School of Duke University 2011 ABSTRACT Sympathy for the Devil: Volatile Masculinities in Recent German and American Literatures by Mary L. Knight Department of German Duke University Date:_____March 1, 2011_______ Approved: ___________________________ William Collins Donahue, Supervisor ___________________________ Matthew Cohen ___________________________ Jochen Vogt ___________________________ Jakob Norberg An abstract of a dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of German in the Graduate School of Duke University 2011 Copyright by Mary L. Knight 2011 Abstract This study investigates how an ambivalence surrounding men and masculinity has been expressed and exploited in Pop literature since the late 1980s, focusing on works by German-speaking authors Christian Kracht and Benjamin Lebert and American author Bret Easton Ellis. I compare works from the United States with German and Swiss novels in an attempt to reveal the scope – as well as the national particularities – of these troubled gender identities and what it means in the context of recent debates about a “crisis” in masculinity in Western societies. My comparative work will also highlight the ways in which these particular literatures and cultures intersect, invade, and influence each other. In this examination, I demonstrate the complexity and success of the critical projects subsumed in the works of three authors too often underestimated by intellectual communities.
    [Show full text]