Saturday, April 6, 2013

Dim labor report shows US added just 88K jobs

This Friday, March 29, 2013, photo, shows a help wanted sign in front of a restaurant in Richmond, Va. The U.S. economy has enjoyed a four-month stretch of robust job gains, and on Friday, April 5, 2013, the government will signal whether that trend endured into March (AP Photo/Steve Helber)

This Friday, March 29, 2013, photo, shows a help wanted sign in front of a restaurant in Richmond, Va. The U.S. economy has enjoyed a four-month stretch of robust job gains, and on Friday, April 5, 2013, the government will signal whether that trend endured into March (AP Photo/Steve Helber)

This Friday, March 29, 2013 photo shows a help wanted sign at a barber shop in Richmond, Va. U.S. employers added just 88,000 jobs in March, the fewest in nine months and a sharp retreat after a period of strong hiring. The slowdown is a reminder that the job market's path back to health will be uneven. (AP Photo/Steve Helber)

Chart shows the U.S. unemployment rate

(AP) ? A streak of robust job growth came to a halt in March, signaling that U.S. employers may have grown cautious in a fragile economy.

The gain of 88,000 jobs was the smallest in nine months. Even a decline in unemployment to a four-year low of 7.6 percent was nothing to cheer: It fell only because more people stopped looking for work and were no longer counted as unemployed.

Friday's weak jobs report from the Labor Department caught analysts by surprise and served as a reminder that the economic recovery is still slow, nearly four years after the Great Recession ended.

"This is not a good report through and through," Dan Greenhaus, chief economic strategist at brokerage firm BTIG, said in a note to clients.

Economists had no single explanation for why hiring weakened so sharply and broadly ? from retailers and manufacturers to electronics and building materials companies. Some said deep government spending cuts that began taking effect March 1 might have contributed to the slowdown, along with higher Social Security taxes. Others raised the possibility that last month was just a pause in an improving job market.

Whatever the reasons, slower job growth will extend the Federal Reserve's policy of keeping borrowing costs at record lows.

March's job gain was less than half the average of 196,000 jobs in the previous six months, raising the prospect that for the fourth straight spring, the economy and hiring could show strength early in the year, only to weaken later. Some economists say weak hiring may persist into summer before rebounding by fall.

The percentage of working-age Americans with a job or looking for one fell to 63.3 percent in March, the lowest such figure in nearly 34 years.

Stocks plummeted after the report but narrowed their losses later in the day. The Dow Jones industrial average closed down about 41 points. Broader indexes also declined.

The Labor Department uses a survey of mostly large businesses and government agencies to determine how many jobs are added or lost each month. That's the survey that produced the gain of 88,000 jobs for March.

The government uses a separate survey of households to calculate the unemployment rate. It counted 290,000 fewer people as unemployed ? not because they found a job but because they stopped looking for one.

The percentage of working-age adults with a job or looking for one is a figure that economists call the participation rate. It's the lowest since 1979. Normally during an economic recovery, an expanding economy lures job seekers back into the labor market. But this time, many have stayed on the sidelines, and more have joined them.

Longer-term trends have helped keep the participation rate down. The baby boomers have begun to retire. The share of men 20 and older in the labor force has dropped as manufacturing has shrunk.

After expanding from the early 1950s through the mid-1990s, the share of women working or looking for work has plateaued. Fewer teenagers are working. And some people who have left the job market are getting by on government aid, particularly Social Security's program for the disabled.

Heidi Shierholz, an economist at the liberal Economic Policy Institute, said the labor force participation among those ages 25 to 54 ? "prime age" workers ? has dropped to 81.1 percent. It hasn't been lower since 1984.

Gary Burtless, senior fellow in economic studies at the Brookings Institution, noted that some Americans have likely stopped looking for work because their unemployment benefits have run out. People must be looking for a job to qualify for unemployment benefits.

"If people aren't collecting benefits, they have one less reason to be out pounding the pavement looking for a job," Burtless said.

If the economy slows this spring, it would follow the pattern of recent years.

An intensifying European financial crisis depressed hiring in 2010. Japan's earthquake and tsunami also disrupted U.S. manufacturing in 2011. Last year, an unusually warm winter caused employers to do more hiring early in the year, cutting into hiring that normally happens in spring.

This year's steep government spending cuts could have the same effect. But some economists say they expect any weakening this spring to be milder. The economy has a stronger foundation now. Rising home prices and near-record-level stock prices are making consumers feel wealthier and spend more.

"The recovery is on much better footing this year than in the last few springs, and the recovery in the housing market will do much to support growth," said Sophia Koropeckyj, an economist at Moody's Analytics.

Economists also cautioned against reading too much into a one-month slowdown in hiring.

Friday's report also showed hiring was stronger in January and February than previously estimated. January job growth was revised up from 119,000 to 148,000. February was revised from 236,000 to 268,000.

Those revised totals suggest that some hiring might have again occurred earlier in the year than usual. Job gains have averaged 168,000 in the past three months, close to the trend of the past two years.

The Fed has said it plans to keep short-term interest rates at record lows at least until unemployment falls to 6.5 percent ? and Chairman Ben Bernanke has said a 6.5 percent rate is a threshold, not a "trigger," for any rate increase. The Fed wants to see sustained improvement in the job market.

Several industries cut back sharply on hiring. Retailers cut 24,000 jobs, manufacturers 3,000 jobs.

Some economists said retailers might have held back on hiring in part because March was colder than normal. That likely meant that Americans bought fewer spring clothes and less garden equipment.

Fred Whyte, president of Stihl Inc., which makes chainsaws, lawn trimmers and other equipment, said the Virginia Beach, Va.-based company has benefited from the housing recovery and is looking to fill about 130 jobs, including engineers, machinists and software programmers.

With home sales rising, more people are willing to spend money to spruce up their yards, Whyte said. Commercial developers are spending more on landscaping.

But Whyte said the company has heard complaints from retailers that cold weather in March was holding down sales.

The oil and gas industry has been adding jobs fast over the past several years but cut jobs in March for the first time in 2? years. Oil drilling and exploration is booming, but low natural gas prices over the last year have made natural gas drilling in some areas unprofitable.

In March, average hourly pay rose a penny, the smallest gain in five months. Average pay is just 1.8 percent higher than a year earlier, trailing the pace of inflation, which rose 2 percent in the past 12 months.

Most analysts think the economy strengthened from January through March, helped by the pickup in hiring, a sustained housing recovery and steady consumer spending. Consumers stepped up purchases in January and February, even after Social Security taxes rose this year.

At the same time, some small businesses say they've grown more cautious about hiring. The government spending cuts could cut into sales at companies with federal contracts and at small retailers located near government facilities. And small business owners worry about increased health insurance costs next year, when the government's health care overhaul is fully implemented.

As federal agencies and contractors cut back in coming months, Nariman Behravesh, chief economist at IHS Global Insight, expects job growth to average 100,000 to 150,000 a month, down from an average 212,000 from December through February. He expects hiring to pick up after mid-year.

"The good news," Behravesh said, "is that this is happening at a time when the private economy is gaining momentum."

___

AP Business Writers Jonathan Fahey and Joyce M. Rosenberg in New York contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-04-05-Economy/id-891adf0a8a754f1a82464fc9e047329d

Xbox 720 HTC One NICOLAUS COPERNICUS Las Vegas shooting Jerry Buss Chris Bosh wife josh duhamel

Friday, April 5, 2013

Building better blood vessels could advance tissue engineering

Apr. 4, 2013 ? One of the major obstacles to growing new organs -- replacement hearts, lungs and kidneys -- is the difficulty researchers face in building blood vessels that keep the tissues alive, but new findings from the University of Michigan could help overcome this roadblock.

"It's not just enough to make a piece of tissue that functions like your desired target," said Andrew Putnam, U-M associate professor of biomedical engineering. "If you don't nourish it with blood by vascularizing it, it's only going to be as big as the head of a pen.

"But we need a heart that's this big," he added, holding up his fist.

More immediately, doctors and researchers believe figuring out how to grow working blood vessels might offer treatments for diseases that affect the circulatory system such as diabetes. Perhaps the right drug or injection could save patients' feet from amputation.

Putnam and his colleagues have revealed why one of the leading approaches to building blood vessels isn't consistently working: It's making leaky tubes. They also demonstrated how adult stem cells could solve this problem. A paper on the findings is published online in Tissue Engineering Part A, and will appear in a forthcoming print edition.

Today, biomedical researchers are taking two main approaches to growing new capillaries, the smallest blood vessels and those responsible for exchanging oxygen, carbon dioxide and nutrients between blood and muscles or organs.

One group of researchers is developing drug compounds that would signal existing vessels to branch into new tributaries. These compounds -- generally protein growth factors -- mimic how cancerous tumor cells recruit blood vessels.

The other group, which includes the U-M team, is using a cell-based method. This technique involves injecting cells within a scaffolding carrier near the spot where you want new capillaries to materialize. In Putnam's approach, they deliver endothelial cells, which make up the vessel lining and supporting cells. Their scaffolding carrier is fibrin, a protein in the human body that helps blood clot.

"The cells know what to do," Putnam said. "You can take these things and mix them and put them in an animal. Literally, it's as easy as a simple injection and over a few days, they spontaneously form new vessels and the animals' own vasculature connects to them."

But it turns out these vessels don't always thrive. The U-M team aimed to figure out why. In reading previously published findings, Putnam noticed that researchers used "a mishmash of support cells," and the field had paid little attention to which ones work best. So that's where he and his colleagues focused.

In their experiments, they mixed three recipes of blood vessel starter solutions, each with a different commonly used supporting cell type: lung fibroblasts, adult stem cells from fat and adult stem cells from bone marrow. They also made a version with no supporting cells at all. They injected each solution under the skin of mice, and allowed the new blood vessels to form over a period of two weeks. At various points in time, they injected a tracer dye into the animals' circulation to help them see how well the engineered capillaries held blood, and whether they were connected to the animals' existing vessel networks.

The researchers found that the solution with no support cells and the one with the lung fibroblasts produced immature, misshapen human capillaries that leaked. They could tell because the tracer dye pooled in the tissue around the new vessels. On the other hand, the solutions with both types of adult stem cells gave rise to robust human capillaries that kept blood and dye inside them.

The paper notes that one popular method biomedical engineers use to check the success of their efforts -- counting blood vessels -- might not be an ideal measure. The adult stem cell solutions produced fewer blood vessels than the others, in one case less than half. But the vessels they did build were stronger. And upon further analysis, the researchers found evidence that the adult stem cells may be able to differentiate into the kind of mature, smooth muscle cells that support larger blood vessels.

"The adult stem cells from fat and bone marrow both work equally well," Putnam said. "If we want to use this clinically in five to 10 years, I think it's crucial for the field to focus on a support cell that actually has some stem cell characteristics."

Down the road, Putnam envisions that doctors could get these support cells from individual patients themselves -- either from their bone marrow or fat -- and then inject them near the site where the new blood vessels are needed.

Share this story on Facebook, Twitter, and Google:

Other social bookmarking and sharing tools:


Story Source:

The above story is reprinted from materials provided by University of Michigan, via Newswise.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Stephanie J. Grainger, Bita Carrion, Jacob Ceccarelli, Andrew J. Putnam. Stromal Cell Identity Influences theIn VivoFunctionality of Engineered Capillary Networks Formed by Co-delivery of Endothelial Cells and Stromal Cells. Tissue Engineering Part A, 2013; 19 (9-10): 1209 DOI: 10.1089/ten.tea.2012.0281

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_health/~3/hef8laf6iao/130404151954.htm

april fools day April Fools Jokes Julie Roberts roses april fools Good April Fools Jokes Dumpster

Ed Rush resigns as Pac-12's head of officials

FILE - In this March 23, 2013, file photo, Arizona coach Sean Miller shouts to his team in the first half against Harvard in the NCAA men's college basketball tournament in Salt Lake City. Ed Rush resigned as the Pac-12 Conference's coordinator of officials on Thursday, April 4, 2013, following comments during internal meetings before the league tournament that appeared to target Miller, including perceived accusations that he placed a bounty on the Wildcats coach. (AP Photo/Rick Bowmer, File)

FILE - In this March 23, 2013, file photo, Arizona coach Sean Miller shouts to his team in the first half against Harvard in the NCAA men's college basketball tournament in Salt Lake City. Ed Rush resigned as the Pac-12 Conference's coordinator of officials on Thursday, April 4, 2013, following comments during internal meetings before the league tournament that appeared to target Miller, including perceived accusations that he placed a bounty on the Wildcats coach. (AP Photo/Rick Bowmer, File)

In this Nov. 3, 2007, photo, Ed Rush, right, a football coach at Bloomsburg University, talks with receiver Brahin Bilal during practice in Bloomsburg, Pa. Rush has resigned as the Pac-12 Conference's coordinator of basketball officials following comments that he targeted Arizona coach Sean Miller during internal meetings before the conference tournament. Pac-12 Commissioner Larry Scott said in a statement released Thursday, April 4, 2013, that "I want to express my appreciation for the great contribution Ed made to basketball officiating for the Conference during his tenure, particularly in the area of training and the cultivation of new officiating talent." (AP Photo/Bloomsburg Press Enterprise, Jimmy May)

In this Nov. 3, 2007, photo, Ed Rush, a football coach at Bloomsburg University, stands on the field with players during practice in Bloomsburg, Pa. Rush has resigned as the Pac-12 Conference's coordinator of basketball officials following comments that he targeted Arizona coach Sean Miller during internal meetings before the league tournament. Pac-12 Commissioner Larry Scott said in a statement released Thursday, April 4, 2013, that "I want to express my appreciation for the great contribution Ed made to basketball officiating for the Conference during his tenure, particularly in the area of training and the cultivation of new officiating talent." (AP Photo/Bloomsburg Press Enterprise, Jimmy May)

(AP) ? Joking or not, perception proved to be too much for Ed Rush to remain the Pac-12's Conference's coordinator of officials.

Rush resigned Thursday following comments during internal meetings before the league tournament that appeared to target Arizona's Sean Miller, including perceived accusations that he placed a bounty on the Wildcats coach.

"I want to express my appreciation for the great contribution Ed made to basketball officiating for the Conference during his tenure, particularly in the area of training and the cultivation of new officiating talent," Pac-12 Commissioner Larry Scott said in a statement. "All of us at the Conference thank him for his years of hard work, and we wish him well."

Scott told The Associated Press a day earlier that Rush's remarks were part of an overall "point of emphasis" to crack down on coach misconduct on the sideline before the Pac-12 tournament semifinal. In the course of that presentation, he said Rush made an "inappropriate joke" that included offers of $5,000 and a trip to Cancun if they called a technical foul on Miller.

An investigation done by the Pac-12's head of enforcement, Ron Barker, found that every official interviewed confirmed "nobody thought they were getting a reward," Scott said. But Rush couldn't survive the constant swarm of criticism from fans and media this week once the comments became public in a CBSSports.com report.

"I would like to thank the Pac-12 for giving me the opportunity to lead a group of officials who are working so hard to make the Pac-12 the best officiated conference in college basketball," Rush said in a statement. "My first and highest concerns have always been the integrity of the game of basketball and the honor of the craft of officiating. While I am proud of what we have accomplished, my decision to resign reflects my strong desire to see the Pac-12 officiating program continue to grow and thrive."

Rush is a former NBA official who also served as the league's director of officiating. He had been a consultant to the Pac-12 since 2007 before becoming conference coordinator of officials last May.

The conference's search for a new lead official will be part of its previously scheduled annual review at the end of the month in Phoenix.

Officials whistled Miller for a technical foul during the semifinals of the Pac-12 tournament against UCLA for arguing a late double-dribble call against Wildcats guard Mark Lyons. Arizona lost the game 66-64.

Miller went on a memorable postgame rant about the technical foul, waving his arms while repeating "he touched the ball" five times in a row. Miller was later hit with a $25,000 fine from the Pac-12 for what the conference said was confronting an official on the floor and acting inappropriately toward a staff member in the hallway.

"Although u never want someone to lose their job, this is a good step for the Pac-12 in restoring confidence in the bball officiating program," Arizona athletic director Greg Byrne wrote on his Twitter page following Rush's resignation.

Scott had said Arizona officials alerted him to Rush's remarks the night of March 17, a day after the league tournament. He said he launched an investigation into the matter the next day, and he concluded that it was not a "fireable offense," just a bad joke that has stained the Pac-12's official program.

"It had been a point of emphasis during the season, coach behavior on the sideline, for the language that's used, etc.," Scott told the AP. "He was emphasizing it and he was challenging them. He was challenging them and provoking them to be more vigilant in enforcing the rules and the code of behavior.

"And in that context, there was banter initiated by Ed, 'What do I have to do to get you guys to enforce the rules? What do I got to do to get you to step up after appropriate warnings and appropriate warnings, to get you to issue a 'T' (technical)? And in that context we verified that, 'Cancun, $5,000, What do I got to do to get you to do it,' was said. None of the officials took it as we're going to actually get something if they T'd him up. He was making a point, and making a point very vociferously."

Scott had noted before Rush's resignation that he had carried out many of the items the Pac-12 hired him to do. Specifically, Scott noted that officials have allowed more physical play, there has been a heavier emphasis on training and accountability and officials whose performance was deemed unsatisfactory have been replaced.

Scott believes Rush's action might, at least in part, be the reason information was leaked to cast Rush in an unflattering light.

"We asked him to go in and make some aggressive and dramatic improvements. He absolutely ruffled some feathers," Scott said. "I saw some people consider him a bully and other language like that. Some of that doesn't surprise me. He's been very aggressive in seeking improvement for the program and he has made some personnel changes that some people haven't liked."

___

Antonio Gonzalez can be reached at: www.twitter.com/agonzalezAP

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2013-04-04-Pac-12-Official%20Investigation/id-58b58dc4597f4ac4836e39e88e88052a

adele Oscars 2013 barcelona vs real madrid renee zellweger catherine zeta jones charlize theron barbra streisand

Thursday, April 4, 2013

Cameron in coalition rift over Trident nuclear system

By Andrew Osborn

LONDON (Reuters) - Prime Minister David Cameron reopened a rift in his coalition government over the future of Britain's nuclear deterrent on Thursday, saying potential threats from countries such as Iran and North Korea meant it could not be scaled back.

Cameron's comments put him at odds with his Liberal Democrat coalition partners who want to find a cheaper alternative to Britain's multi-billion pound submarine-based Trident nuclear missile system to try to save money at a time when the nation's finances are mired in debt.

Cameron, the leader of the Conservative Party, the senior member of the two-party coalition, said he had not seen any evidence there were cheaper ways of providing a credible alternative to the "ultimate weapon of defence", saying the nuclear threat had grown since the end of the Cold War.

"Iran continues to defy the will of the international community in its attempts to develop its nuclear capabilities, while the highly unpredictable and aggressive regime in North Korea recently conducted its third nuclear test," Cameron wrote in The Daily Telegraph newspaper.

"We need our nuclear deterrent as much today as we did when a previous British Government embarked on it over six decades ago."

Cameron's intervention coincided with a visit he made to Scotland, where the submarines are based, to welcome the crew of one vessel back from a patrol.

He used the trip to explain why he thought Scots should vote to stay part of Britain in an independence referendum next year, but the pro-independence Scottish National Party (SNP) accused him of scaremongering after he said Scottish defence jobs were more secure while Scotland was part of Britain.

The SNP has said it does not want nuclear weapons in an independent Scotland.

A Trident renewal decision will not be taken until after the next 2015 general election, but the fact that Britain's four Vanguard class nuclear submarines reach the end of their service lives in the 2020s means it cannot be put off for long.

Britain's big debts will weigh on any decision to commit billions of pounds to a successor system to Trident.

"We don't see why, at a time of deep austerity, we should be spending billions and billions of pounds on a nuclear missile system which can flatten Moscow at the touch of a button," a senior Lib Dem source told Reuters.

"We're talking about eye-watering amounts of money at a time when there isn't much money about. All three political parties will have to work hard to make the case for a replacement."

Cameron played down the costs, saying Britain's nuclear capability cost less than 1.5 percent of what the government spent on welfare benefits each year.

The opposition Labour party, which is ten points ahead of Cameron's Conservatives in the polls, is reviewing its own policy on Trident. For now, one of the four submarines is always on patrol. One money-saving idea is to pare that schedule back.

Trident missiles are built by Lockheed Martin Space Systems and are also used by the U.S. navy.

(Editing by Mike Collett-White)

Source: http://news.yahoo.com/cameron-coalition-rift-over-trident-nuclear-system-151534571--finance.html

Happy Halloween! Star Wars Episode 7 luke bryan NBA jfk airport faith hill metro north

'Why Kaufman county?' Locals wonder about DA murder

After Kaufman County district attorney Mike McClelland and his wife were found shot to death on Saturday, authorities are widening their search for the killer, looking into possible ties to local cases the DA's office prosecuted. NBC's Gabe Gutierrez.

By Gabe Gutierrez, Correspondent, NBC News

KAUFMAN, Texas ? At Texas Country Smokehouse?and Home Cooking, just across from the county courthouse, there?s someone missing.

Kaufman County District Attorney Mike McLelland used to come here several days a week for lunch, drawn by the short walk, the barbeque and the atmosphere.

?He's going to be sorely missed,? said Lesa Metcalf, a regular at the barbecue joint. ?He was in the Army for 23 years ? and that shows some commitment.?

When locals learned about the murder of McLelland, 63, and his wife Cynthia, 65, over the weekend, many couldn?t believe it.

It was bad enough when Assistant District Attorney Mark Hasse, 57, was gunned down not far from here two months ago. But the Easter weekend killing of the McLellands has been overwhelming.

?When I heard Saturday night, it made me sick,? Metcalf said. ?And I'm still in shock."

?Why Kaufman county??
About 20 miles southeast of Dallas, Kaufman County is more rural landscape than suburb.

Its biggest city is Terrell, with a population of 16,000. The county is named after David Spangler Kaufman, a politician who was the first Jewish Texan to serve in Congress.?

Interstate 20 ? a popular drug-trafficking route ? runs through the area. Methamphetamine?is common, but homicides are rare.

Authorities have been exploring the possibility that drug cartels could have been involved in the district attorney?s murder, but so far that theory has not been conclusive.

There also was speculation that a white supremacist group was involved. The Texas Department of Public Safety released a statewide bulletin late last year warning that Aryan Brotherhood of Texas was planning retaliation against law enforcement officials after a series of indictments in Houston.

The Kaufman County DA?s office was one of many involved in that investigation, but did not play a huge role.

?They were involved in the peripheral,? said Pete Schulte, a former prosecutor who is now an attorney in Dallas.? ?The question is going to come down to, ?Why Kaufman county??? It's such a small county.?

Looking at old cases?
So as part of the wide-ranging probe, investigators are also examining local cases the DA?s office prosecuted.

Among those questioned was Eric Williams, a former justice of the peace who lost his job last year when he was convicted of taking three computer monitors from a county building. The case was prosecuted by Hasse.

Williams, who is appealing that conviction, told NBC affiliate KPRC investigators contacted him on Saturday night ? hours after the murders ? asked to meet at a local restaurant. He?said no investigator has suggested that he is a ?person of interest,? and he is voluntarily cooperating with the investigation because he believes all scenarios should be considered in a high-profile murder.

"They did a gun residue test," Williams said. "I gave them my cell phone so they could get all the info they wanted."

Williams denied making any threats ? and said he holds no grudges, expressing shock at the killings.

"My heart-felt condolences go out to both the McLelland family and the Hasse family,? he said.

A federal official familiar with the investigation said others who might have a grudge against the victims are also under scrutiny.?

The murders of Hasse and McLelland have been difficult to connect because they were so different, sources said. Hasse was killed with a revolver. McLelland was shot repeatedly with an assault weapon. ?

Investigators are analyzing the .233-caliber shell casings found at the scene. According to a search warrant affidavit released Monday, they are also subpoenaing cell phone records.

'Keep going'
Local officials have said very little publicly.

?I'm optimistic,? said Bruce Wood, the county judge. ?There are literally hundreds of people working on this case.?

Armed guards escort county workers every morning as they arrive at the courthouse.

?I'm trying to keep my staff reassured that we're going to keep going and keep doing the best we can,? said David Lewis, a county employee.

Related:?

?

Source: http://feeds.nbcnews.com/c/35002/f/653381/s/2a4ba6db/l/0Lusnews0Bnbcnews0N0C0Inews0C20A130C0A40C0A30C175853310Ewhy0Ekaufman0Ecounty0Elocals0Ewonder0Eabout0Eda0Emurder0Dlite/story01.htm

monday night football SEC Championship Game 2012 kansas city chiefs Javon Belcher express kindle fire Jenny Johnson

Italian Franchisee Loses Lawsuit Brought Under The Laws Of ...

Here's an interesting case I recently came across.? It features a franchisee based in Italy suing its California-based franchisor in California, alleging violations of California's franchise laws.

If you've ever bought a diamond ring, you are doubtlessly familiar with GIA, or the Gemological Institute of America, Inc.?GIA, which was the defendant in the case,?is a precious gem grading company with a principal place of business in Carlsbad, California.?

The plaintiffs were longtime employees of GIA who, in December 1991, entered into an employment agreement with the company to relocate to Vicenza, Italy to open what would be GIA?s first European location.? Plaintiffs did relocate from the U.S. to Italy in 1992, and opened and operated a gem grading school on behalf of GIA there.? GIA Italy became the hub of all of GIA?s activities in Europe, graduating around 60 gemologists per year.?

In 2007, GIA entered into an agreement with the Florence Chamber of Commerce to relocate GIA Italy to Florence and construct a GIA lab and gem drop-off service there.? In exchange, the Chamber would provide GIA Italy with substantial financial support.?

Later in 2007, GIA ended plaintiffs? employment agreement and entered into a franchise agreement with them, giving them ownership of GIA Italy as franchisees.? The franchise agreement included the following provision:

3.6 No Gem Grading or Identification Services. Licensee, its affiliates, owners, managers, members, agents, and employees will not operate any trade-service laboratory for the purpose of diamond grading, colored stone grading, or gem identification, without the prior written consent of GIA in each instance.

In March 2011, GIA sent the Florence Chamber of Commerce a letter indicating that GIA would no longer allow the construction of the lab and drop-off facility in Florence.? Later that year, the Chamber informed the franchisees that it would no longer support GIA Italy because the Florence lab had not been opened despite the passage of several years.?

Plaintiffs filed suit, contending (among other things) that GIA had defrauded them into signing the franchise agreement based on its representations in 2007 that it would continue to support the Florence gem lab, which representations were false. ??Plaintiffs argued that one of the key reasons they signed the franchise agreement was because of their understanding that they would be able to open the Florence lab (based on oral representations from GIA?s President).? Plaintiffs also claimed that GIA violated the California Franchise Investment Law (?CFIL?) (California Corporations Code ?31119) by failing to provide them with a franchise disclosure document and register its franchise offering as required by law.

GIA moved to dismiss. As to the fraud claim, GIA contended that plaintiffs could not claim reliance on GIA?s representations as to the Florence gem lab because (based on the above-quoted language) the franchise agreement expressly prohibited plaintiffs from operating a lab or drop-off location without GIA?s prior written consent.? The Court agreed with GIA, holding that ?it is not plausible for Plaintiffs to have reasonably relied on any prior representations of continued support for such a laboratory when they signed the License Agreement.?

As to the CFIL claim, GIA argued that: (a) the law did not apply to extraterritorial franchise sales; and (b) the claim was not brought within the four year statutory limitations period as required by California Corporations Code ?31303. Plaintiffs countered by arguing that GIA Italy?s student enrollment included students from the U.S. and California, and that the statute of limitations had not expired because the claim was brought within one year of their discovery of GIA?s breach.

The Court dismissed the CFIL claim, finding that the statutory limitations period had expired.? In support of this, the Court considered the language of California Corporations Code ?31303, which provides:

No action shall be maintained to enforce any liability created under Section 31300 unless brought before the expiration of four years after the act or transaction constituting the violation, [or] the expiration of one year after the discovery by the plaintiff of the fact constituting the violation? whichever shall first expire.

The Court held that the CFIL?s four-year limitations period is an absolute bar, and that belated discovery cannot serve to extend the statute (citing People ex rel. Dep't of Corps. v. Speedee Oil Change Systems, Inc., 95 Cal.App.4th 709, 727, 116 Cal.Rptr.2d 497 (Cal.Ct.App.2002).? Because plaintiffs? complaint was brought over four years and five months after the franchise agreement was signed, the Court dismissed their CFIL claim.? As a result, the Court did not reach the issue of whether the CFIL applied to the transaction.

The moral of the story: be aware of?statutes of limitation and how they work.? Don't assume that a provision tolling the?statute from the date?of "discovery"?trumps?all other time periods in the statute.? Also,?if?you're a franchisee, don't assume that the franchise laws of your franchisor's home state will apply to you if you're not also based in that state.? Non molto bene for the franchisee!

Source: http://www.forwardfranchising.com/forwardfranchising/2013/04/italian-franchisee-loses-lawsuit-brought-under-the-laws-of-california.html

flyers epo suits PlayStation Network chip kelly NRA Golden Globes 2013

Wednesday, April 3, 2013

The Remarkable Biodiversity Of Belly Buttons

Rob Dunn, science writer and biologist, North Carolina State University and author of The Wild Life of Our Bodies

Scientists at the Belly Button Biodiversity Project wanted to engage the public. They started to culture the bacteria in people's navels as a way to remind them about the life living on their bodies. In the process, they discovered diverse organisms, some of them completely new to science.

Source: http://www.npr.org/2013/04/03/176145197/the-remarkable-biodiversity-of-belly-buttons?ft=1&f=1007

divine mercy chaplet matt lauer albert pujols the shining mariano rivera mariano rivera jobs report