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Commonly called "flat roofs," most commercial buildings are actually clad with roof systems that provide about ? to ¼ inch per foot of positive drainage. These roof systems are constructed differently than most steep-slope roof coverings and are typically watertight rather than water-shedding assemblies.
The tiny pinhole in the pipe elbow probably took more than twenty years to form and cause a leak, a day or two to be discovered, and less than an hour to be repaired. This recent claim involving corrosion of a pipe elbow on a home heating oil tank resulted in a very minor release of a few gallons of heating oil to the surrounding surface soil. The insured acted appropriately, the release was quickly investigated and repaired. Based on the size of the tank and volume of the release, state regulations did not apply; however, local regulators became concerned over the possibility of impact to shallow groundwater in the area. Although the shallow aquifer was not considered a source of drinking water, it was used extensively for irrigation. Furthermore, the property owner soon began to notice petroleum like odors inside the home/office necessitating relocation for a couple of days. After the repair of the leak, the situation was completely resolved in a few weeks with the excavation and removal of impacted soil from beneath a patio and a portion of the building adjoining the point of release. Fortunately, the release was discovered early, quickly repaired, and the volume of the spill was not sufficient to impact groundwater, which could have easily transported contaminants and associated vapors well beyond the boundaries of the insured's property.
Under Title IX, for a school to be held liable for denying an educational opportunity to a student who was sexually harassed or abused, the court must be convinced that the school had actual notice of prohibited behavior and that it acted deliberately indifferent to it. Often, it is a challenge to define what "actual notice" is and whether the school had such notice. If the school has no information on which to act to end harassment or abuse, it cannot be determined to be indifferent. In some of the cases we have worked on, however, there has been some level of notice that, if investigated, would have confirmed that harassment or abuse was taking place. Such notice could be a teacher hearing a rumor about a sexual relationship between another teacher and a student, a staff member watching a student speak in a sexually inappropriate way to another student, or the school receiving notice that that an off-campus sexual violence event is creating retaliation at school. Examples such as these may constitute actual notice, depending on the circumstances.
Several years ago while serving as equipment appraisal expert witness for the Ophir Fire, I discovered the Wildland Fire Litigation Conference and put it on my appraisal bucket list. Just this year, my schedule finally allowed me to attend the conference. In the intervening years, I've done many equipment appraisals related to insurance loss claims, a number of them for fire loss claims (see below), so I felt prepared. Although the conference is mostly attended by attorneys, a fair number of other experts also attended: mostly in fire science such as cause of action analysis, ignition theory and burn patterns; several vegetation experts representing areas such as noxious weed analysis; and a handful of real property appraisers along with me, the lone equipment appraiser.
When an asteroid strikes a planet, things tend to change quickly. Most other changes occur gradually, even while a small handful are occasionally more significant. These latter changes are sometimes referred to as "paradigm shifts," largely because they affect so many things around them, and cause such dramatic changes in the things they affect directly.
When divorce occurs in the family, an inevitable loss occurs in the lives of the parents as well as children. Positive adjustment to divorce comes when both of the parents as well as the children develop healthy coping methods to deal with the loss. This enables both parents and children to move forward with their new lives. Unfortunately, many parents who suffer from their own disturbed attachment history or mental health issues, are unable to put aside their anger and constructively cope with the loss. In such cases, parents often undermine the children's relationship with the other parent, in order to express their own unresolved parental anger and sadness about the divorce.
Plaintiff was admitted to a health care facility with ventricular tachycardia (VT). He had a normal coronary angiography with moderate left ventricular (LV) function and was referred for an implantable cardiac defibrillator (ICD) implant procedure. A diagnosis of right ventricular outflow tract tachycardia was made. He was then admitted for an ablation procedure in March 2005, which was successful. In April 2005, he was readmitted with a further occurrence of tachycardia which required emergency cardio version due to hemodynamic compromise and a temporary pacing wire was placed. There was a further attempt at ablation that was again successful and the LV function noted now to have deteriorated and was noted as having poor functioning. On this basis he was considered a candidate for an ICD implant. There was a further reoccurrence of an episode of ventricular tachycardia (VT) in March and April 2006 which was treated medically and he was discharged.
In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person effecting or soliciting the sale of securities or investment products not held or approved with whom the broker is affiliated without prior written consent. FINRA regulators have seen a steady flow of selling-away cases over the years involving registered representatives who are being targeted by issuers, promoters and marketing agents to sell their nontraditional investment products to their retail customers. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person. In a significant number of cases, associated persons have sold these investments to their customers away from the broker-dealer and without firm approval as required by FINRA Rule 3270. Selling-away often occurs in an independent branch or a satellite office, where Associated Persons are removed from the day-to-day oversight and supervision of their brokerage firm's compliance department.
An ever-increasing number of plaintiffs are claiming post-traumatic stress disorder. Why such a sudden, marked increase in litigation of this form? Post-traumatic stress disorder (PTSD) was first described in the sixth century B.C. The symptoms associated with the illness have not changed, though the name of the condition itself has, naturally, changed. In World War I the disorder was labeled "shell shock," linking the condition to the close lines between battling armies and the continuous firing of munitions. In World War II, the condition came to be called "combat neurosis." The term "post-traumatic stress disorder" entered the psychiatric nomenclature with the 1980 publication of the Diagnostic and Statistical Manual of Mental Disorders, 3rd Edition.
A recent Donan forensic fire investigation found that a poor connection in a floor-mounted duplex receptacle was the cause of fire. The receptacle was located in the area of origin and all other identifiable causes were eliminated during the investigation. While conducting the research for this particular case, Donan investigators evaluated many scholarly sources in order to clearly educate the client on how a loose connection in a receptacle could lead to a structure fire which, in this case, nearly consumed the bedroom. The best explanation was found in the chemistry associated with the formation of an oxide that contributes to the condition.