alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
41491, 41492.

#### SHARPTON v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. (two cases).

Argued September 13, 1965

Decided September 17, 1965.

*285*Murray C. Underwood, J. Sidney Lanier,*for plaintiffs in error.

*Bryan, Carter, Ansley & Smith, M. D. McLendon,*contra.

Hall, Judge.

As a general rule, when the defendant’s liability is based on constructive knowledge of a dangerous condition, the petition must allege facts and circumstances sufficient to make it a question of fact whether the alleged dangerous condition had existed for a sufficient length of time so that knowledge of it would be imputed to the defendant. *Home Fed. Savings &c. Assn. v. Hulsey,*104 Ga. App. 123 (121 SE2d 311). The length of time which must exist to show that the defendant had an opportunity to discover the defect will vary with the circumstances of each case (nature of the business, size of the store, the number of customers, the nature of the dangerous condition, and its location). 65 CJS 547, 548, § 51. In the present case (No. 41491) the allegations showing that the defendant had an opportunity to discover the defect are that one of defendant’s employees was in a position to see the defect (a green slippery substance) by casual observation at the time he directed the plaintiff’s husband to use the aisle where it was; and that another employee of the defendant (or the same employee, as the defendant argues) was at the check-out coun*286ter of this aisle and could have seen the green, slippery substance. It cannot be said as a matter of law that the employee or employees of the defendant exercised ordinary care in either not observing the green, slippery substance or, if they observed it, in not rectifying the danger or warning the plaintiff. *S. H. Kress & Co. v. Flanigan,*103 Ga. App. 301 (119 SE2d 32); *Belk-Gallant Co. of LaGrange v. Cordell,*107 Ga. App. 785 (131 SE2d 575).

The petition in Case No. 41492 does not show that the alleged dangerous condition was not observable to the plaintiff’s wife as well as to the defendant, and therefore does not state a cause of action. *Stowe v. Belk-Gallant Co.,*107 Ga. App. 80, 83 (129 SE2d 196).

The trial court erred in sustaining the general demurrers to the petition in Case No. 41491, but did not err in sustaining the demurrers in Case No. 41492.

*Judgment reversed in Case No. 41491. Judgment affirmed in Case No. 41492.*

*Bell, P. J., and Frankum, J., concur.*
### NUMBER 13

- 10

- 00 297

- CV



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

COUNTY OF GONZALES

, A ppellant

,

v.

KERMIT SCHNEIDER, D/B/A SCHNEIDER

ACRES SUBDIVISION

, Appellee

.

____________________________________________________________

On a ppeal from the 25th District Court

of Gonzales County, Texas.

____________________________________________________________



## MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Memorandum Opinion Per Curiam

Appellant, County of Gonzales , perfected an appeal from a judgment entered by

the 25th District Court of Gonzales County, Texas, in cause number 23,914 . Appellant

ha s filed a motion to dismiss the appeal and request s that this Court dismiss the appeal.2

The Court, having considered the documents on file and appellant = s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See T EX

. R. A PP

.

P . 42.1(a). Appellant = s motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. See T EX

. R. A PP

. P . 42.1(d)

("Absent agreement of the parties, the court will tax costs against the appellant.").

Having dismissed the appeal at appellant = s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.

PER CURIAM

D elivered and filed the 27th

d ay of August , 20 10

.
§ 56.404 Grant evaluation and award. ( a ) Within the limits of funds determined by the Secretary to be available for such purposes, the Secretary may award grants under this subpart to applicants therefor which, in his judgment, will provide needed health services in a catchment area not served by another project funded under this part and meet the applicable requirements of section 319(d)(1)(B) of the Act and this part, in accordance with the priorities established pursuant to section 319(b) of the Act and § 56.107 of subpart A of this part; *Provided,* That in the case of applicants which propose to serve substantially the same catchment area or where available funds are insufficient to fund all approvable applications within a priority category specified in § 56.107, the Secretary will award the grant to the applicants which, in his judgment, will best promote the purposes of section 319(d)(1)(B) of the Act and the applicable regulations of this part, taking into account with respect to each application: ( 1 ) The degree to which the project would provide the services enumerated in § 56.102(g)(1) and the feasibility of its providing all of such enumerated services by the end of the period of support under section 319(d)(1)(B) of the Act and this subpart;
( 2 ) The degree to which the applicant intends to integrate services supported by a grant under this subpart with health services provided under other federally assisted health service or reimbursement programs or projects;
( 3 ) The capability of the project to provide quality health care services;
( 4 ) The administrative and management capability of the applicant; and
( 5 ) The capability of the applicant to provide primary health services directly. In evaluating the relative capability of the applicant to provide such services directly, the Secretary shall take into consideration whether the direct provision of services is inappropriate because: ( i ) Provision of such services through contract or other arrangement would be more cost-effective;
( ii ) Provision of such services directly would unnecessarily duplicate existing resources; or
( iii ) Provision of the services other than directly would enhance the accessibility or acceptability of the services to the population served.
( 6 ) The extent to which community resources will be utilized by the project; and
( 7 ) Consistent with the other requirements of this part, the degree to which and the manner in which the applicant provides specific health services which the Secretary has, through publication of a notice in the Federal Register, established as services which should receive emphasis by applicants.
( b ) The Secretary shall: ( 1 ) Make no more than two grants for the same entity under section 319(d)(1)(B) of the Act;
( 2 ) Not make any grant under section 319(d)(1)(B) to an entity which, for the same project, has been awarded more than one grant under section 319(c) of the Act;
( 3 ) Not make a grant under section 319(d)(1)(B) to an entity which has been awarded a grant under section 319(d)(1)(A) of the Act.
§ 493.1828 Suspension of all Medicare payments. ( a ) *Application.* ( 1 ) CMS may suspend payment for all Medicare-approved laboratory services when the laboratory has condition level deficiencies.
( 2 ) CMS suspends payment for all Medicare covered laboratory services when the following conditions are met: ( i ) Either— ( A ) The laboratory has not corrected its condition level deficiencies included in the plan of correction within 3 months from the last date of inspection; or
( B ) The laboratory has been found to have the same condition level deficiencies during three consecutive inspections; and
( ii ) The laboratory has chosen (in return for not having its Medicare approval immediately cancelled), to not charge Medicare beneficiaries or their private insurance carriers for services for which Medicare payment is suspended.
( 3 ) CMS suspends payment for services furnished on and after the effective date of sanction.
( b ) *Procedures.* Before imposing this sanction, CMS provides notice of sanction and opportunity to respond in accordance with § 493.1810.
( c ) *Duration and effect of sanction.* ( 1 ) Suspension of payment continues until all condition level deficiencies are corrected, but never beyond twelve months.
( 2 ) If all the deficiencies are not corrected by the end of the 12 month period, CMS cancels the laboratory's approval to receive Medicare payment for its services.
41305.

#### J. C. PENNEY COMPANY, INC. v. BERRY.

Hall, Judge.

The defendant in this case assigns error on the judgment of the trial court overruling its general and special demurrers to the plaintiff’s petition. *Held:*

The first count of the petition alleged: The plaintiff was a *664customer in the .defendant’s retail store and fell and was injured because as she descended the flight of stairs from the second to the first floor, her shoe stuck to a large wad of chewing gum. A high side wall and a turn in the stairway prevented the plaintiff from seeing the chewing gum before she stepped on it, and in the exercise of ordinary care she could not detect the presence of the chewing gum. The gum had been on the stairs for more than eight hours and was hardened. The defendant knew or in the exercise of ordinary care could have discovered the chewing gum and the danger to customers which it created. The plaintiff’s injury was caused by the defendant’s negligence in failing to “keep proper inspection . . . and allowing said stairway to l’emain in a dangerous condition,” and “in failing to remove” the shewing gum.

Submitted May 5, 1965

Decided May 11, 1965.

*William Malcolm Towson, H. D. Bussell,*for plaintiff in error.

*Jones & Douglas, Dubignion Douglas,*contra.

The petition stated a cause of action. *American Legion v. Simonton,*94 Ga. App. 184, 186 (94 SE2d 66); accord *Duren v. City of Thomasville,*92 Ga. App. 706, 709 (89 SE2d 840). The cases relied on by the defendant, in which there was no allegation that the substance causing the plaintiff to fall had remained on the floor for a sufficient length of time that the defendant should have discovered its presence, *Brown v. S. H. Kress Co.,*66 Ga. App. 242 (17 SE2d 758), *Watson v. Mc-Crory Stores, Inc.,*97 Ga. App. 516, 519 (102 SE2d 648), *Wootton v. City of Atlanta,*101 Ga. App. 779 (115 SE2d 396), are not controlling.

The second count of the petition, containing the same allegations of fact but omitting the specifications of negligence stated in the first count, and alleging instead that “the business premises, including the stairway in question, was under the exclusive control of the defendant and that the accident would not have happened without an absence of due care on the part of the defendant,” did not state a cause of action. *Wootton v. City of Atlanta,*101 Ga. App. 779, supra.

*Judgment overruling special demurrers and general demurrer to first count of petition affirmed; judgment overruling general demurrer to second count reversed.*

*Bell, P. J., and Frankum, J., concur.*
HomeOffice of the SpokespersonPress Releases...Readout of the Political Directors Small Group Meeting of the Global Coalition to Defeat Daesh/ISIS

# 									Readout of the Political Directors Small Group Meeting of the Global Coalition to Defeat Daesh/ISIS							

Media Note

Office of the Spokesperson

September 9, 2021

Senior diplomatic representatives from the Small Group of the Global Coalition to Defeat Daesh/ISIS met today in a virtual setting to discuss the global campaign against Daesh/ISIS. U.S. Acting Special Envoy for the Global Coalition John Godfrey provided an update on progress in Iraq and Syria, and outlined the Coalition’s focus on defeating Daesh/ISIS global branches, including in Afghanistan and Africa.

In addressing the situation in Iraq, Special Envoy Godfrey stressed the need to intensify civilian counterterrorism capacity building efforts to help ensure the sustainable defeat of Daesh/ISIS within Iraq, and noted that the United States intends to continue its support for the Iraqi Security Forces even as it completes its transition away from a combat role. In Syria, stabilization efforts in areas liberated from Daesh/ISIS remain a core component of efforts to prevent a resurgence of Daesh/ISIS there. Coalition partners emphasized the importance of contributions to stabilization in areas of Iraq and Syria liberated from Daesh/ISIS – to date, Coalition partners have pledged more than $600 million against their 2021 goal of $670 million. Special Envoy Godfrey highlighted the ongoing security challenge posed by the thousands of ISIS fighters detained in northeast Syria and their associated family members in displaced persons camps, urging their repatriation to help prevent Daesh/ISIS from reconstituting capability in Iraq and Syria.

Coalition partners also discussed the growing threat posed by ISIS branches outside of Iraq and Syria, highlighting the horrific terrorist attack ISIS-K perpetrated on August 26 in Kabul and its ongoing terrorist campaign. Small Group representatives agreed to focus work in the D-ISIS Coalition’s Communications, Countering-ISIS Finance, and Foreign Terrorist Fighters Working Groups on countering the ISIS-K threat, drawing on expertise and capacity developed in the fight against Daesh/ISIS in Iraq and Syria. They also carried forward the important discussion from June at the D-ISIS Coalition Ministerial Meeting in Rome about leveraging Coalition expertise and working group capabilities to address the threat posed by ISIS branches in Africa.

Coalition partners reiterated their support for continued counterterrorism pressure against Daesh/ISIS in Iraq and Syria to consolidate gains there and affirmed their commitment to defeating ISIS globally, including in Afghanistan and Africa. The Coalition remains united and resolved in its determination to achieve the enduring defeat of Daesh/ISIS wherever it operates and to bringing its members to justice.

Tags

Bureau of CounterterrorismCounterterrorismOffice of the SpokespersonThe Global Coalition To Defeat ISIS

## Related Articles

-  											 									
Read more
 

Back to Top
## Breadcrumb

                -  Home 
                -           EEOC Legal Resources      

# EEOC Legal Resources

The EEOC is charged with enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of the person’s race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.  In addition, the EEOC writes regulations that interpret a number of laws addressing how federal agencies should operate. 
                            - **Laws** : The EEOC enforces several federal workplace discrimination laws and ensures compliance with federal laws addressing how the EEOC and other federal agencies function. This page also lists relevant workplace laws enforced by other agencies and includes links to each of those agencies.
                            - **Regulations and Guidelines** : The EEOC issues regulations and guidelines that explain the federal employment discrimination laws and clarify how the EEOC and other federal agencies should operate;
                            - **Regulatory Process** : The EEOC develops and drafts regulations in compliance with federal rulemaking requirements, including issuing proposed rules, requesting and reviewing public comments, and submitting updates for the regulatory agenda.
                            - **Guidance** : The EEOC issues guidance expressing official agency policy and explaining how the EEO laws and regulations apply to specific workplace situations. When the EEOC seeks public comment on  proposed guidance , it posts those draft documents on this page. When public comment periods are open, this page includes links to submit public comments. 
                            - **Coordination** : The EEOC exercises its coordination authority in two key areas: the federal government and the private sector (including state and local governments) with a goal to enhance the uniformity and consistency of workplace antidiscrimination efforts.
                            - **Memoranda of Understanding** :  EEOC establishes cooperative agreements with other federal agencies and, in some cases, with foreign government offices in the United States. These agreements, known as Memoranda of Understanding or MOUs, enhance the application of the equal employment opportunity laws.
No. 99-9027.

#### Parrott *v.*United States.

C. A. 4th Cir. Certiorari denied.
UNITED STATES
                      SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, DC 20549


                                 FORM 10-Q/A1

                              QUARTERLY REPORT


     Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

               For the Quarterly Period Ended December 31, 1995

                       Commission File Number: 0-13588



                                FAULDING INC.
             (Exact name of registrant as specified in its charter)



      DELAWARE                                           04-2769995
(State or other jurisdiction of                       (I.R.S. Employer
incorporation or organization)                       Identification No.)


200 Elmora Avenue, Elizabeth, New Jersey                   07207
(Address of principal executive offices)                 (Zip Code)


Registrant's telephone number, including area code:      (908) 527-9100



           SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT:


Title of each class                 Name of each exchange on which registered

       None                                             None 
-------------------                              -------------------


           SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT

                    Common Stock, par value $.01 per share
                    --------------------------------------
                               (Title of class)



Indicate by check mark whether the Registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities and Exchange Act of 1934
during the preceding twelve months (or for such shorter period that the
Registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days.        Yes  [X]     No  [ ]



                                  12,615,223
                                  ----------
                       Number of shares outstanding of
              the Registrant's common stock as of February 5, 1996.




                                     
<PAGE>
                                        
Item 6 (a). EXHIBITS

        EX-27:  Financial Data Schedule


<PAGE>                          


                                 SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.



FAULDING INC.


BY: /s/Richard F. Moldin                    March 19, 1996
    -------------------------------------
    Richard F. Moldin
    President and Chief Executive Officer
    (Principal Executive Officer)


BY: /s/Lee H. Craker                        March 19, 1996
    -------------------------------------
    Lee H. Craker
    Chief Financial Officer
    (Principal Accounting Officer)
Electronically Filed Intermediate Court of Appeals CAAP-13-0000282 28-JUN-2013 08:22 AM
§ 488.307 Unannounced surveys. ( a ) *Basic rule.* All standard surveys must be unannounced.
( b ) *Review of survey agency's scheduling and surveying procedures.* ( 1 ) CMS reviews on an annual basis each State survey agency's scheduling and surveying procedures and practices to ensure that survey agencies avoid giving notice of a survey through the scheduling procedures and the conduct of the surveys.
( 2 ) CMS takes corrective action in accordance with the nature and complexity of the problem when survey agencies are found to have notified a SNF or NF through their scheduling or procedural policies. Sanctions for inadequate survey performance are in accordance with § 488.320.
( c ) *Civil money penalties.* An individual who notifies a SNF or NF, or causes a SNF or NF to be notified, of the time or date on which a standard survey is scheduled to be conducted is subject to a Federal civil money penalty not to exceed $2,000 as adjusted annually under 45 CFR part 102.
[59 FR 56238, Nov. 10, 1994, as amended at 81 FR 61563, Sept. 6, 2016]
Home2021 Certificates of Competency for Nominees to be Chiefs of Mission...Palmer, Virginia – Republic of Ghana – July 2021

# 									Palmer, Virginia – Republic of Ghana – July 2021							

Certificate of Competency

July 15, 2021

REPORT FOR THE COMMITTEE ON FOREIGN RELATIONS

UNITED STATES SENATE

SUBJECT:            Ambassadorial Nomination:  Certificate of Demonstrated Competence — Foreign Service Act, Section 304(a)(4)

POST:                  Republic of Ghana

CANDIDATE:     Virginia E. Palmer

Virginia E. Palmer, a career member of the Senior Foreign Service, class of Minister-Counselor, currently serves as Principal Deputy Assistant Secretary for the State Department’s Bureau of Energy Resources.  She has also served as Acting Assistant Secretary since January 20, 2021, overseeing U.S. foreign policy engagement at the critical intersection of our energy, climate and national security goals.  Before that, Palmer was the Deputy Commandant and International Affairs Advisor at the National Defense University’s Eisenhower School.  She served as U.S. Ambassador to the Republic of Malawi from 2015 to 2019.  There, she oversaw an annual bilateral assistance budget of more than $500 million and the work of eleven U.S. government agencies.  As Deputy Chief of Mission and Chargé d’Affaires a.i. at the U.S. Embassy in South Africa, she was responsible for the strategic direction and operational effectiveness of 1,100 staff from 28 U.S. government agencies.  As Deputy Chief of Mission and Chargé d’Affaires a.i. at the U.S. Embassy in Vietnam, she promoted major trade initiatives and helped shape new U.S. dioxin (Agent Orange) remediation efforts.  Palmer has devoted much of her 35-year career to African Affairs.  This extensive and substantive experience in the region, coupled with her management experience and demonstrated ability to lead large interagency teams as well as policy-oriented offices, makes her a well-qualified candidate to be the U.S. Ambassador to Ghana.

Previous positions include Deputy Coordinator for Counterterrorism, Director of the East Asia Bureau’s Office of Economic Policy and assignments in Canada, Zimbabwe, the People’s Republic of China, Hong Kong, and Kenya.  She is the recipient of numerous Superior Honor, Meritorious Honor and Senior Performance awards.  Palmer obtained her M.A. from the University of Virginia and a BSFS from Georgetown University.  She speaks Chinese and French.

Back to Top