alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Note: Decisions of a three-justice panel are not to be considered as precedent before any tribunal. 

ENTRY ORDER 

SUPREME COURT DOCKET NOS. 2012-079 & 2012-080 

 MAY TERM, 2012 

Jeffrey P. Lamothe } APPEALED FROM: 

} 

} Superior Court, Rutland Unit, 

 v. } Civil Division 

} 

Cohen & Rice Law Firm and Julie Lamothe } DOCKET NO. 115-3-11 Rdcv 

 

 Trial Judge: Mary Miles Teachout 

Jeffrey P. Lamothe } 

} 

 v. } 

} 

Cohen & Rice Law Firm and 

Rebecca Rice, Esq. 

} 

} DOCKET NO. 116-3-11 Rdcv 

 

In the above-entitled causes, the Clerk will enter:

Plaintiff appeals the superior court’s entry of summary judgment dismissing his claims of 

legal malpractice against his former bankruptcy lawyers. We affirm. 

After plaintiff filed his suit, defendants served him with discovery requests seeking 

disclosure of expert witnesses. Plaintiff made no disclosure in response to the requests. The 

superior court then granted defendants’ motion to compel disclosure. When no disclosure was 

forthcoming, defendants moved first for preclusion of expert testimony based on his failure to 

disclose an expert and then for summary judgment based upon the general rule that, “[w]here a 

professional’s lack of care is so apparent that only common knowledge and experience are 

needed to comprehend it,” the elements of legal malpractice “must be established by expert 

testimony to assist the trier of fact in determining negligence.” Estate of Fleming v. Nicholson, 

168 Vt. 495, 497 (1998) (noting that claims of negligence by professionals are generally 

“demonstrated using expert testimony” and that expert testimony is required if “the alleged 

negligent conduct is a matter of judgment unique to that profession”). Defendants’ motion for 

summary judgment was supported by a statement of undisputed facts attempting to characterize 

the essence of plaintiff’s claims. Plaintiff responded by filing a list of sums that he claimed 

defendants owed him, but failed to articulate any apparent act of malpractice that could be 

maintained without expert testimony. Accordingly, the superior court granted summary 

judgment in favor of defendants as to plaintiff’s claims. 

In his two one-page briefs submitted on appeal, plaintiff fails to state any claim of error 

or articulate any claims against defendants on which he could prevail without the benefit of 

expert testimony. Indeed, the briefs state little more than that his attorneys failed to file his 

bankruptcy paperwork so as to prevent the repossession of his motorcycle. We find no basis to 
2 

disturb the superior court’s grant of summary judgment because plaintiff fails to present any 

facts or law suggesting that he has viable claims on which he could prevail without the benefit of 

expert testimony. 

Affirmed. 

 

BY THE COURT: 

_______________________________________ 

John A. Dooley, Associate Justice 

_______________________________________ 

Marilyn S. Skoglund, Associate Justice 

_______________________________________ 

Brian L. Burgess, Associate Justice
[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Page 76749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27931]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE UNITED STATES


Economic Impact Policy

    This notice is to inform the public that the Export-Import Bank of 
the United States has received an application to finance the export of 
approximately $27 million in U.S. equipment, technology and services to 
a facility in Greece that will fabricate photovoltaic modules. The U.S. 
exports will enable the Greek facility to fabricate modules that will 
generate a total of approximately 5 megawatts of electricity per year. 
Initial production is expected to commence in 2005. Available 
information indicates that this new production will be consumed 
primarily in Europe. Interested parties may submit comments on this 
transaction by e-mail to <a href="/cdn-cgi/l/email-protection#89eceae6e7e6e4e0eaa7e0e4f9e8eafdc9ecf1e0e4a7eee6ff"><span class="__cf_email__" data-cfemail="294c4a46474644404a07404459484a5d694c514044074e465f">[email protected]</span></a> or by mail to 811 
Vermont Avenue, NW., Room 1238, Washington, DC 20571, within 14 days of 
the date this notice appears in the Federal Register.

Helene S. Walsh,
Director, Policy Oversight and Review.
[FR Doc. 04-27931 Filed 12-21-04; 8:45 am]
BILLING CODE 6690-01-P


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**EXHIBIT32.1**

 

**Certification Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

**(Subsections (a) and (b) of Section 1350, Chapter 63of Title 18, United States Code)**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, UnitedStates Code), I, John W. Elias, Chief Executive Officer of Edge PetroleumCorporation, a Delaware corporation (the “Company”), hereby certify, to myknowledge, that:

 

(1)                                  the Company’s Quarterly Report on Form 10-Qfor the three months ended September 30, 2009 (the “Report”) fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Dated:  November 9, 2009 | /s/ John W. Elias       |
|-----------------------------------------|-------------------------|
|                                    | John W. Elias           |
|                                    | Chief Executive Officer |

 

----
### §625. Limitations on authorization of appropriations

To carry out this subpart (other than sections 626, 627, and 628b of this title), there are authorized to be appropriated to the Secretary not more than $325,000,000 for each of fiscal years 2017 through 2023.

(Aug. 14, 1935, ch. 531, title IV, §425, as added Pub. L. 109–288, §6(a), Sept. 28, 2006, 120 Stat. 1244; amended Pub. L. 110–351, title I, §102(b), Oct. 7, 2008, 122 Stat. 3956; Pub. L. 112–34, title I, §101(a), Sept. 30, 2011, 125 Stat. 369; Pub. L. 115–123, div. E, title VII, §50752(a), Feb. 9, 2018, 132 Stat. 263; Pub. L. 117–328, div. FF, title VI, §6103(b)(1), Dec. 29, 2022, 136 Stat. 5965.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 625, act Aug. 14, 1935, ch. 531, title IV, §425, as added Pub. L. 90–248, title II, §240(c), Jan. 2, 1968, 81 Stat. 914; amended Pub. L. 96–272, title I, §103(a), June 17, 1980, 94 Stat. 519; Pub. L. 103–432, title II, §202(d)(2), Oct. 31, 1994, 108 Stat. 4454; Pub. L. 105–33, title V, §5592(a)(1)(B), Aug. 5, 1997, 111 Stat. 644, defined terms for purposes of this subchapter, prior to repeal by Pub. L. 109–288, §§6(a), 12(a), Sept. 28, 2006, 120 Stat. 1244, 1255, effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date.

#### Amendments

2022—Pub. L. 117–328 substituted "2023" for "2021".

2018—Pub. L. 115–123 substituted "2017 through 2021" for "2012 through 2016".

2011—Pub. L. 112–34 substituted "2012 through 2016" for "2007 through 2011".

2008—Pub. L. 110–351 inserted "(other than sections 626, 627, and 628b of this title)" after "this subpart".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title.

#### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–351 effective Oct. 7, 2008, and applicable to payments under this part and part E of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title.

#### Effective Date

Section effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as an Effective Date of 2006 Amendment note under section 621 of this title.
§ 192.50 Eligibility for benefits. ( a ) ( 1 ) The Federal Employees' Compensation Act (5 U.S.C. 8101 *et seq.*) provides for medical coverage and the payment of compensation for wage loss and for permanent impairment of specified members and functions of the body incurred by employees as a result of an injury sustained while in the performance of their duties to the United States. The Office of Workers' Compensation Programs (OWCP), Department of Labor, administers the program. All individuals employed by the U.S. Government as defined by 5 U.S.C. 8101(1) are eligible to apply for wage-loss and medical benefits under the FECA. Family members of such employees may apply for death benefits. An application must be made with OWCP by such individual or on behalf of such individuals, prior to the determination of eligibility or payment of any benefits under this subpart.
( 2 ) In the case of foreign service national employees covered for work related injury or death under the local compensation plan established pursuant to 22 U.S.C. 3968, such applications should be filed with the organizational authority in the country of employment which provides such coverage. Benefit levels payable to foreign service national employees under this subpart shall be no less than comparable benefits payable to U.S. citizen employees under FECA. Eligibility determination and payment of supplemental benefits, if any, is the responsibility of the Director General of the Foreign Service for the State Department.
( b ) Any death or disability benefit payment made under this section shall be reduced by the amount of any other death or disability benefits funded in whole or in part by the United States, except that the amount shall not be reduced below zero. The cash payment under § 192.11(b) of subpart B is excluded from the offset requirement.
( c ) Compensation under this section may include payment (whether advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subpart D of these regulations. Procedures of subpart D of these regulations shall apply in making such determinations.
**EXHIBIT 32.1**

 

**Certification ofCo-Chief Executive OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

 

Pursuantto 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of2002, the undersigned officer of Guitar Center, Inc. (the “Company”)hereby certifies, to such officer’s knowledge, that:

 

(i)            theaccompanying Quarterly Report on Form 10-Q of the Company for the quarterlyperiod ended June 30, 2004 (the “Report”) fully complies with therequirements of Section 13(a) or Section 15(d), as applicable, of theSecurities Exchange Act of 1934, as amended; and

 

(ii)           the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations ofthe Company.

 

 
| Dated: November 8, 2004 | /s/ Larry Thomas           |   |
|-------------------------|----------------------------|--------|
|                    | Larry Thomas               |
|                    | Co-Chief Executive Officer |

 

----
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                            APR-30-1999
<PERIOD-START>                               MAY-01-1998
<PERIOD-END>                                 OCT-31-1998
<CASH>                                           580,803
<SECURITIES>                                           0
<RECEIVABLES>                                  1,341,354
<ALLOWANCES>                                     122,000
<INVENTORY>                                    3,149,180
<CURRENT-ASSETS>                               6,414,861
<PP&E>                                         1,464,265
<DEPRECIATION>                                 1,349,683
<TOTAL-ASSETS>                                 6,642,500
<CURRENT-LIABILITIES>                          1,555,800
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                           4,419
<OTHER-SE>                                     5,082,281
<TOTAL-LIABILITY-AND-EQUITY>                   6,642,500
<SALES>                                        3,283,782
<TOTAL-REVENUES>                               3,315,533
<CGS>                                          2,406,527
<TOTAL-COSTS>                                  2,406,527
<OTHER-EXPENSES>                                 944,766
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                35,990
<INCOME-PRETAX>                                  (71,750)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                              (71,750)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (71,750)
<EPS-PRIMARY>                                       (.02)
<EPS-DILUTED>                                       (.02)
        


</TABLE>
**Exhibit
      32.1**





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**








In
      connection with the Quarterly Report of Emergent Group Inc. (the “registrant”)
      on Form 10-QSB for the quarter ended March 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “report”), I, Bruce J. Haber,
      Chief Executive Officer of the registrant, certify, pursuant to
      18 U.S.C. § 1350, as adopted pursuant to § 906 of the
      Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)
      The
      report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended; and





(2)
      The
      information contained in the report fairly presents, in all material respects,
      the financial condition and results of operations of the
      registrant.







Date:
      May
      14, 2007




/s/
            Bruce
                J. Haber
              
              Bruce
                J. HaberChief
                  Executive Officer
#### § 203.364 Mortgagee's liability for property expenditures.

Where the Secretary acquires a property and thereafter it becomes necessary for the Secretary to reconvey the property to the mortgagee due to the mortgagee's noncompliance with these regulations or the application for insurance benefits is withdrawn with the consent of the Secretary, the mortgagee shall reimburse the Secretary for all expenses incurred in connection with such acquisition and reconveyance. The reimbursement shall include interest on the amount of insurance benefits refunded by the mortgagee from the date the insurance benefits were paid to the date of refund at an interest rate set in conformity with the Treasury Fiscal Requirements Manual, and the Secretary's cost of holding the property, accruing on a daily basis, from the date the deed to the Secretary was filed for record to the date of reconveyance. These costs are based on the Secretary's estimate of the taxes, maintenance and operating expenses of the property, and administrative expenses. Appropriate adjustments shall be made by the Secretary on account of any income received from the property.

[57 FR 47971, Oct. 20, 1992]
§ 203.378 Property condition. ( a ) *Condition at time of transfer.* When the property is transferred, or a mortgage is assigned to the Commissioner, the property shall be undamaged by fire, earthquake, flood, or tornado, except as set forth in this subpart.
( b ) *Damage to property by waste.* The mortgagee shall not be liable for damage to the property by waste committed by the mortgagor, its heirs, successors or assigns in connection with mortgage insurance claims paid on or after July 2, 1968.
( c ) *Mortgagee responsibility.* The mortgagee shall be responsible for: ( 1 ) Damage by fire, flood, earthquake, hurricane, or tornado;
( 2 ) Damage to or destruction of security properties on which the loans are in default and which properties are vacant or abandoned, when such damage or destruction is due to the mortgagee's failure to take reasonable action to inspect, protect and preserve such properties as required by § 203.377 of this part, as to all mortgages insured on or after January 1, 1977; and
( 3 ) As to all mortgages insured under firm commitments issued on or after November 19, 1992, or under direct endorsement processing where the credit worksheet was signed by the mortgagee's underwriter on or after November 19, 1992, any damage of whatsoever nature that the property has sustained while in the possession of the mortgage if the property is conveyed to the Secretary without notice to and approval by the Secretary as required by § 203.379 of this part.
( d ) *Limitation.* The mortgagee's responsibility for property damage shall not exceed the amount of its insurance claim as to a particular property.
[36 FR 34508, Dec. 22, 1971. Redesignated and amended at 41 FR 49735, Nov. 10, 1976; 57 FR 47973, Oct. 20, 1992; 58 FR 32057, June 8, 1993; 61 FR 36265, July 9, 1996; 61 FR 36453, July 10, 1996]
§ 201.25 Charges to borrower to obtain loan. ( a ) *Fees and charges that may be financed in a property improvement loan.* The Secretary will establish a list of fees and charges that may be included in a property improvement loan. Such fees and charges shall have been incurred in connection with the origination of the loan, and their inclusion shall not increase the total principal obligation beyond the maximum loan amounts in § 201.10.
( b ) *Fees and charges that may be financed in a manufactured home loan.* The Secretary will establish a list of fees and charges that may be included in a manufactured home loan. Such fees and charges shall have been incurred in connection with the origination of the loan, and their inclusion shall not increase the total principal obligation beyond the maximum loan amounts in § 201.10.
( c ) *Fees and charges that may not be financed.* The Secretary will establish a list of fees and charges incurred by the lender that may be collected from the borrower in the initial payment, but may not be included in the loan amount or otherwise financed or advanced by the dealer, the manufacturer, or any other party to the loan transaction.
( d ) *Fees and charges that may not be paid.* Neither the lender nor the borrower may pay a referral fee to any dealer, home manufacturer, contractor, supplier, real estate broker, loan broker, or any other party in connection with the origination of a loan insured under this part.
[61 FR 19798, May 2, 1996]
Subject: Meeting with Portland Cement Association and Affiliates – Reconsideration 

Location: U.S. Environmental Protection Agency, Research Triangle Park, NC

Date: October 17, 2012

Participants:

Portland Cement Association EPA

Dominique Bidet, National Cement

Cary Cohrs, American Cement

Karl Watson, CEMEX USA

Filiberto Ruiz, Holcim

Andy O’Hare, PCA

Greg Scott, PCA

Janet McCabe

Gina McCarthy

Peter Tsirigotis

Summary of Meeting

The purpose of the meeting was to continue discussions with EPA regarding the cement 

industry’s case for the two year reset on NESHAP compliance. Attached is a document that was 

referenced during the meeting.
Attachment

PCA Perspectives on Key Portland Cement NESHAP Issues

October 17, 2012

Cement Industry Continues to Struggle in the Current Economy:

• Cement consumption in 2012 continues at historic lows, a trend which is expected to 

continue for the next few years

• Plant capacity utilizations are averaging less than 70%, with many plants currently 

running discontinuously.

Modification to the Particulate Matter (PM) Standard is Important to the Cement Industry:

• The proposed change from 0.04 to 0.07 lbs/ton of clinker for existing facilities and 0.01 

to 0.02 lbs/ton of clinker for new facilities are supported by data provided to EPA; the 

new standards reflects the true variability of emissions over time

• Implementing new PM standard will require rethinking of technology selections

o Facilities with electrostatic precipitators may now modify to a hybrid unit, rather 

than replace them

o Facilities with baghouses may now modify, rather than replace them

o Sorbent technologies used for other pollutants, such as HCl will need to be 

tailored to conform to new PM control.
Cement Industry Will Need 24 Months to Implement the New NESHAP Rule:

• More than 60% of U.S. plants will have to rethink their NESHAP compliance approach to 

address PM and/or one or more of the other pollutants

• In comments filed on the proposal, PCA provided EPA with specific technology timelines 

for 18 U.S. plants, all of which will need at least 24 months to implement the anticipated 

new NESHAP rule. 

Allowing for Adjustments to be Made to the PM and Total Hydrocarbon Standards is Important:

• Adjustment proposals have been provided to EPA in the form of simple equations

• Such adjustments are necessary to account for the inherent variability in emissions 

experienced by most cement plants

• Current language will lead to frequent retesting at a substantial cost

• Without these accommodations some plants may not be able to comply continuously.
LONNIE FRITTS

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 1240

__________ ___________________/

Opinion filed July 16, 2014.

An appeal from the Circuit Court for Alachua County

. Mark W. Moseley , Judge

.

Lonnie Fritts, pro se , Appellant.

Pamela Jo Bondi, Attorney General, and Michael McDermott, Assistant Attorney

General, Talla hassee , for Appellee.

PER CURIAM.

AFFIRMED.

VAN NORTWICK, CLARK, and SWANSON, JJ., CONCUR.