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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. -
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. -
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. -
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: -
Lost and Found: Mother–Daughter Relations in Paule Constant's Fiction
Lost and found: mother–daughter relations in Paule Constant’s fiction In Paule Constant won the Prix Goncourt for her seventh novel Confidence pour confidence to much controversy. Her novels had been shortlisted for the Goncourt several times before, and she had gained many other literary prizes. However, press coverage was generally of the opinion that, although the most prestigious French literary prize was long overdue to her, Confidence pour confidence itself was not especially deserv- ing of that glory. The controversial reception afforded this novel relates primarily to its subject matter: set in contemporary Kansas, USA, it por- trays a group of middle-aged women the morning after a feminist confer- ence. Described variously as banal (because it is about women?) and anti-feminist (because of the bitter and rivalrous women-to-women rela- tions it describes), on first impressions this text seems quite different from Constant’s earlier novels, four of which are set in Africa, one in Cayenne and the other in eighteenth-century France. Although each novel stands on its own, shared characters, motifs and themes connect them into a coherent body of work. None the less, Confidence pour confidence not only actually does have thematic links with other Constant novels but it even alludes to them within the text itself. Most particularly, the problematic relations between women in Confidence pour confidence echo difficult female relationships throughout Constant’s work, notably between mothers and daughters. This chapter places Confidence pour confidence within Constant’s œuvre as a whole, and argues for a more positive reading of the novel–areadingthatalso throws light on the trajectory of mother–daughter relations in her fiction. -
Management of Dead Bodies After Disasters
ManagementDeadCover 3/30/06 10:01 AM Page 1 World Health Organization ManagementDeadCover 3/30/06 10:01 AM Page 2 Management of the dead is one of the most difficult aspects of disaster response. It has profound and long-lasting consequences for survivors and communities. Globally, disasters claim thousands of lives each year. However, care of the deceased is often overlooked in disaster planning and the absence of guidance for first responders has recently been high- lighted following several large disasters. Immediately after a major disaster, identifying and disposing of human remains are often done by local communities. Forensic specialists may not be available or unable to rapidly access the affected area. There are simple steps that first responders can take to ensure the dead are treat- ed in a dignified way and that can assist in their identification. This Field Manual for First Responders presents simple recommenda- tions for non-specialists to manage the recovery, basic identification, storage and disposal of dead bodies following disasters. It also makes suggestions about providing support to family members and communi- cating with the public and the media. This manual will be useful during the immediate response to a disaster and where forensic response is unavailable. Furthermore, it will be use- ful for those preparing mass fatality disaster plans. The recommenda- tions are relevant for local, regional and national authorities as well as for non-governmental organizations. The principles outlined in this document are being implemented and pro- moted by a variety of organizations, including the Pan American Health Organization, the World Health Organization, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies. -
2015 DV Homicide List
Nevada Network Against Domestic Violence 2015 DOMESTIC VIOLENCE HOMICIDES in NEVADA In 2015, domestic violence-related incidents claimed 43 lives in Nevada, as documented in publically accessible police reports and published news stories. Each incident received varying degrees of attention from reporters, ranging from multi-story investigative reporting to simple one-paragraph crime reports. As such, the descriptions below should not be considered an attempt to capture the full complexity of the events. Rather, this list is a commemoration of lives lost to domestic violence. In order to be included in this list, each homicide was identified as an intimate partner violence-related incident; the deaths resulted from violence between adults who were either current or past intimate partners. In 2015, 28 such incidents were reported by publically accessible law enforcement reports and print media, including 16 women and 9 men killed by partners or ex-partners; 4 friends, family members, or new partners killed during the commission of a domestic violence homicide; 2 perpetrators killed by law enforcement officers; 11 perpetrators’ suicide deaths following domestic violence homicide or attempted homicide; and 1 law enforcement officer killed by a domestic violence perpetrator. NNADV changed its methodology in researching domestic violence homicides which may account for the increase in homicides from the previous years. In the death of . Noelia Norton, 46 (female victim, gunshot wound); Joseph Norton, 50 (male perpetrator suicide, gunshot wound) January 6, 2015, Las Vegas Las Vegas Metropolitan Police Department (LVMPD) responded to the home of Noelia and Joseph Norton in response to a 9-1-1 call. -
Jack's Costume from the Episode, "There's No Place Like - 850 H
Jack's costume from "There's No Place Like Home" 200 572 Jack's costume from the episode, "There's No Place Like - 850 H... 300 Jack's suit from "There's No Place Like Home, Part 1" 200 573 Jack's suit from the episode, "There's No Place Like - 950 Home... 300 200 Jack's costume from the episode, "Eggtown" 574 - 800 Jack's costume from the episode, "Eggtown." Jack's bl... 300 200 Jack's Season Four costume 575 - 850 Jack's Season Four costume. Jack's gray pants, stripe... 300 200 Jack's Season Four doctor's costume 576 - 1,400 Jack's Season Four doctor's costume. Jack's white lab... 300 Jack's Season Four DHARMA scrubs 200 577 Jack's Season Four DHARMA scrubs. Jack's DHARMA - 1,300 scrub... 300 Kate's costume from "There's No Place Like Home" 200 578 Kate's costume from the episode, "There's No Place Like - 1,100 H... 300 Kate's costume from "There's No Place Like Home" 200 579 Kate's costume from the episode, "There's No Place Like - 900 H... 300 Kate's black dress from "There's No Place Like Home" 200 580 Kate's black dress from the episode, "There's No Place - 950 Li... 300 200 Kate's Season Four costume 581 - 950 Kate's Season Four costume. Kate's dark gray pants, d... 300 200 Kate's prison jumpsuit from the episode, "Eggtown" 582 - 900 Kate's prison jumpsuit from the episode, "Eggtown." K... 300 200 Kate's costume from the episode, "The Economist 583 - 5,000 Kate's costume from the episode, "The Economist." Kat.. -
LOST Fandom and Everyday Philosophy
"Accidental Intellectuals": LOST Fandom and Everyday Philosophy Author: Abigail Letak Persistent link: http://hdl.handle.net/2345/2615 This work is posted on eScholarship@BC, Boston College University Libraries. Boston College Electronic Thesis or Dissertation, 2012 Copyright is held by the author, with all rights reserved, unless otherwise noted. ! ! ! ! ! ! ! ! ! ! This thesis is dedicated to everyone who has ever been obsessed with a television show. Everyone who knows that adrenaline rush you get when you just can’t stop watching. Here’s to finding yourself laughing and crying along with the characters. But most importantly, here’s to shows that give us a break from the day-to-day milieu and allow us to think about the profound, important questions of life. May many shows give us this opportunity as Lost has. Acknowledgements First and foremost I would like to thank my parents, Steve and Jody, for their love and support as I pursued my area of interest. Without them, I would not find myself where I am now. I would like to thank my advisor, Juliet Schor, for her immense help and patience as I embarked on combining my personal interests with my academic pursuits. Her guidance in methodology, searching the literature, and general theory proved invaluable to the completion of my project. I would like to thank everyone else who has provided support for me throughout the process of this project—my friends, my professors, and the Presidential Scholars Program. I’d like to thank Professor Susan Michalczyk for her unending support and for believing in me even before I embarked on my four years at Boston College, and for being the one to initially point me in the direction of sociology. -
LOST the Official Show Auction Catalog
LOST | The Auction 70 1-310-859-7701 Profiles in History | August 21 & 22, 2010 221. JACK’S SEASON TWO COSTUME. Jack’s blue jeans, blue t-shirt and shoes worn in Season Two. $200 – $300 219. JACK’S SEASON TWO COSTUME. Jack’s blue jeans and green t-shirt worn in Season Two. $200 – $300 220. JACK’S SEASON TWO COS- TUME. Jack’s blue jeans and gray t-shirt worn in Season Two. $200 – $300 222. JACK’S MEDICAL BAG. Dark brown leather shoulder bag used by Jack in Season Two to carry medical supplies. $200 – $300 71 www.liveauctioneers.com LOST | The Auction 225. KATE’S COSTUME FROM THE EPISODE, “WHAT KATE DID.” Kate’s brown corduroy pants, brown print t-shirt, and jean jacket worn in the episode, “What Kate Did.” $200 – $300 223. KATE’S SEASON TWO ISLAND COS- TUME. Kate’s white tank top, beige long- sleeve shirt and brown corduroy cargo pants worn in Season Two. $200 – $300 224. KATE’S COSTUME FROM THE EPISODE, “WHAT KATE DID.” Kate’s jeans, jean jacket and Janis Joplin print shirt worn in the episode, “What Kate Did.” $200 – $300 226. HURLEY’S SEASON TWO COSTUMES. Hurley’s olive green shorts and red t- shirt worn on the Island in the episode, “S.O.S..” Includes Hurley’s black jeans, gray t-shirt and black hoodie worn in Season Two. $200 – $300 72 1-310-859-7701 Profiles in History | August 21 & 22, 2010 227. HURLEY’S MR. CLUCK’S CHICKEN SHACK COSTUME. Hurley’s black pants, green Mr.