alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Violet JANES, as the personal representative and Administratrix of the Estate of Julia McFarland, Deceased, Appellant, v. BAPTIST HOSPITAL OF MIAMI, INC., and Travelers Insurance Company, Appellees.

No. 76-1563.

District Court of Appeal of Florida, Third District.

Aug. 9, 1977.

Rehearing Denied Sept. 13, 1977.

*673Mark J. Feldman, Miami, for appellant.

Adams, George, Schulte & Ward and Amy Shields Levine, Miami, for appellees.

Before BARKDULL, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

This an appeal by the plaintiff, Violet Janes, as personal representative and ad-ministratrix of the estate of Julia McFarland, deceased, from an order denying motion for new trial, in an action for negligence against Baptist Hospital of Miami, Inc., and Travelers Insurance Company, its insurer. A jury trial was held. The jury rendered a verdict in favor of the plaintiff in the amount of $1,500.00, judgment was entered thereon, plaintiff’s motion for new trial was denied and this appeal ensued. Plaintiff contends that the trial court erred in refusing to admit into evidence certain hospital and doctor bills for services rendered to the deceased, for the reason that they had been paid, in substantial portion, by the deceased’s Medicare. We agree and reverse.

Florida follows the collateral source rule which stands for the proposition that total or partial compensation received by the injured party from a collateral source wholly independent of the wrongdoer will not operate to lessen the damages recoverable from the person causing the injury. See *Finley P. Smith, Inc. v. Schectman,*132 So.2d 460 (Fla.2d DCA 1961); *Paradis v. Thomas,*150 So.2d 457 (Fla.2d DCA 1963); *Greyhound Corporation v. Ford,*157 So.2d 427 (Fla.2d DCA 1963); *Walker v. Hilliard,*329 So.2d 44 (Fla.1st DCA 1976).

As stated in *Walker v. Hilliard,*supra, it is well settled that recovery of damages from a tort feasor may not be reduced by the amount of insurance proceeds received by the injured party from his insurance company; a wrongdoer should not be permitted to benefit from a policy of insurance where there is no privity between him and the plaintiff’s insurer, and the policy was written for the benefit of the insured and not the wrongdoer; if there must be a windfall, it is more just that the injured party profit, rather than the wrongdoer be relieved of full responsibility for his wrongdoing. The value of services rendered the injured party are a proper element of damages even though they were paid for by a collateral source. *Paradis*v. *Thomas,*supra.

Based on the foregoing, we hold that the court erred in refusing to admit the bills into evidence so that the jury could take them into consideration in making a determination of plaintiff’s damages. This does not, in any way, affect the entitlement of the collateral source, in this case Medicare, to recover such sums paid to, or on behalf of the plaintiff either by way of lien, intervention or otherwise.

In light of the reversal on the foregoing point, the other point on appeal will not be discussed in this opinion.

Reversed and remanded for a new trial.
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         AND PRINCIPAL FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


      In connection with the Quarterly Report of Torbay Holdings, Inc. (the
"Company") on Form 10-QSB for the quarter ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Periodic Report"),
I, William Thomas Large, President, Chief Executive Officer and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

      1. the Periodic Report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

      2. the information contained in the Periodic Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.


Dated:  November 19, 2004

                         /s/William Thomas Large
                        -----------------------------------
                        William Thomas Large, President,
                        Chief Executive Officer and Chief
                        Financial Officer


                                       29
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 	 	Exhibit 4.46




news release  


  
 

    NORANDA TO SPEAK AT BMO NESBITT BURNS GLOBAL
  RESOURCES CONFERENCE    
  


TORONTO, ONTARIO, February 20, 2003 — Mr. Lars-Eric Johansson, Executive
Vice-President and Chief Financial Officer of Noranda Inc, will be making a presentation on Noranda at the BMO Nesbitt Burns 2003 Global
Resources Conference to be held in Tampa Bay, Florida on Monday, February 24, 2003. Mr. Johansson is scheduled to speak at 2:30 p.m. (EST). 


A
copy of Mr. Johansson's presentation slides will appear on Noranda's
website — www.noranda.com — in the "For
Investors" section prior to the presentation. 


The
webcast can be found at the following addresses: http://corporate.bmo.com/conferences/resources/ 


Or



http://www.noranda.com




Noranda Inc. is a leading international mining and metals company with more than 48 mining and metallurgical operations and projects under development in 17 countries.
Noranda is one of the world's largest producers of zinc and nickel and is a significant producer of copper, primary and fabricated
aluminum, lead, silver, gold, sulphuric acid and cobalt. Noranda is also a major recycler of secondary copper, nickel and precious metals. Noranda employs over 16,000 people. It is listed on The
Toronto Stock Exchange and The New York Stock Exchange (NRD).


-30- 


Contact:  


Dale
Coffin

Director, Public Affairs & External Communications

Tel: 416-982-7161

coffind@noranda.com

www.noranda.com 









QuickLinks


NORANDA TO SPEAK AT BMO NESBITT BURNS GLOBAL RESOURCES CONFERENCE
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

EDITH ANTONIA SCHWARTZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-74292

Agency No. A027-551-403

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 15, 2011** 

Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

Edith Antonia Schwartz, a native and citizen of El Salvador, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to

reopen proceedings. We dismiss the petition for review.

FILED

MAR 10 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-74292

We lack jurisdiction over Schwartz’s contention that the BIA should have

tolled the filing deadline for her motion because she failed to raise that issue before

the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court

lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DISMISSED.
**COASTAL
      CARIBBEAN OILS & MINERALS, LTD.**


**FORM
      10-Q**


**September
      30, 2008**




**EXHIBIT
      32.1**




CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the Quarterly Report of Coastal Caribbean Oils & Minerals,
      Ltd. (the "Company") on FORM 10-Q for the period ended September 30, 2008
      as filed with the Securities and Exchange Commission on the date hereof (the
      "Report"), I, Phillip W. Ware, Chief Executive Officer of the Company, certify,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that:





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





(2)
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.




Date: November
      13, 2008


/s/ Phillip
                W. WarePhillip
                  W. Ware
                Chief
                  Executive Officer,
                President
                  and Principal Financial Officer


A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Coastal Caribbean Oils & Minerals, Ltd. and will be retained by Coastal
      Caribbean Oils & Minerals, Ltd. and furnished to the Securities and Exchange
      Commission or its staff upon request.




22
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# image1.png

# image2.JPG

# image3.png

# image4.png

# image5.png

# image6.png
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3570 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                S. 3570

_______________________________________________________________________

                                 AN ACT

 
  To designate the United States courthouse located at 500 West Pike 
 Street in Clarksburg, West Virginia, as the ``Irene M. Keeley United 
              States Courthouse'', and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IRENE M. KEELEY UNITED STATES COURTHOUSE.

    (a) Designation.--The United States courthouse located at 500 West 
Pike Street in Clarksburg, West Virginia, shall be known and designated 
as the ``Irene M. Keeley United States Courthouse''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``Irene M. Keeley United States Courthouse''.

            Passed the Senate February 27, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 3570

_______________________________________________________________________

                                 AN ACT

  To designate the United States courthouse located at 500 West Pike 
 Street in Clarksburg, West Virginia, as the ``Irene M. Keeley United 
              States Courthouse'', and for other purposes.
```
* Eric H. Holder, Jr. is substituted for his predecessor, Michael B.

Mukasey, as Attorney General of the United States, pursuant to Fed. R. App. P.

43(c)(2).

 

 ** This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 *** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ARAM HOVHANNISYAN; MERI

HOVHANNISYAN; HOVHANNES

HOVHANNISYAN; MIHRAN

HOVHANNISYAN,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,*

 Respondent.

No. 06-74541

Agency Nos. A075-683-444

 A075-683-445

 A075-683-446

 A075-683-447

MEMORANDUM**

 

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 9, 2011*** 

Pasadena, California

Before: RYMER, CALLAHAN, and IKUTA, Circuit Judges.

FILED

MAR 11 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Because Hovhannisyan’s appeal to the BIA did not challenge the IJ’s denial

of his continuance request, that claim is not exhausted and we lack jurisdiction to

consider it. 8 U.S.C. § 1252(d)(1); Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.

2004). The BIA’s determination that the IJ did not evince judicial hostility or bias

toward Hovhannisyan is supported by substantial evidence in the record, and

therefore Hovhannisyan’s due process claim also fails. Antonio-Cruz v. INS, 147

F.3d 1129, 1131 (9th Cir. 1998). Finally, to the extent that Hovhannisyan’s

petition can be construed as challenging the IJ’s adverse credibility determination,

that determination is supported by substantial evidence in the record, including the

inconsistency between Hovhannisyan’s description of the seriousness of his stab

wound and the medical treatment he received. INS v. Elias-Zacarias, 502 U.S.

478, 481 n.1 (1992); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004). 

DISMISSED IN PART; DENIED IN PART.
II 

118TH CONGRESS 

2D SESSION S. 3724 

To prohibit the Environmental Protection Agency from using assessments 

generated by the Integrated Risk Information System as a tier 1 data 

source in rulemakings and other regulatory actions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2024 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To prohibit the Environmental Protection Agency from using 

assessments generated by the Integrated Risk Information System as a tier 1 data source in rulemakings 

and other regulatory actions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Industrial Restric5 tions In Secret Act of 2024’’ or the ‘‘No IRIS Act of 

6 2024’’. 


ddrumheller on DSK120RN23PROD with BILLS
2 

•S 3724 IS

1 SEC. 2. PROHIBITION ON USE OF ASSESSMENTS GEN2 ERATED BY THE INTEGRATED RISK INFOR3 MATION SYSTEM PROGRAM. 

4 Notwithstanding any other provision of law, the Ad5 ministrator of the Environmental Protection Agency may 

6 not use any assessment generated by the Integrated Risk 

7 Information System program of the Environmental Pro8 tection Agency as the primary data source— 

9 (1) to develop, finalize, or issue a rule or regu10 lation; 

11 (2) to carry out any other regulatory action; or 

12 (3) to inform the National Air Toxics Assess13 ment. 

Æ 


ddrumheller on DSK120RN23PROD with BILLS
| |             
| | ------------
| | Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002    In connection with the Annual Report on Form 10-K for the period ended April 30, 2010 of Singular Chef, Inc., a Nevada corporation (the Company), as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), I, Sylvain Petrari, Chairman, President and Chief Financial Officer of the Company certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  1. The Annual Report fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934, as amended; and  2. The information contained in this Annual Report fairly presents, in all material respects, the financial condition and results of operation of the Company.  Date: September 20, 2010    /s/ Sylvain Petrari ------------------------------- Sylvain Petrari President, Secretary Treasurer, Principal Executive Officer, Principal Financial Officer and Director
EXHIBIT 32.1




CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual Report on Form 10-K of Domain Extremes Inc. (the “Company”) for the year ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Francis Bok, President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on my knowledge:





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




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





Date:  March 23, 2011


/s/ Francis BokFrancis Bok

President
 
 A signed original of this written statement required by Section 906 has been provided to Domain Extremes Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 40196

STATE OF IDAHO , Plaintiff-Respondent ,

v.

ALEXANDER CHRISTOPHER EDMO , Defendant-Appellant

. ) ) ) ) ) ) ) ) ) ) 2013 Unpublished Opinion No. 815

Filed: December 31, 2013

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Ny e , District Judge.

Judgment of conviction and unified sentence of six years, with three years determinate , for possession of a controlled substance

, affirmed

. Sara B. Thomas, State Appellate Public Defe nder; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

________________________________________________ Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge

PER CURIAM Alexander Christopher Edmo pled guilty to possession of a controlled substance (methamphetamine) . Idaho Code § 37

- 2732(c)(1) . The district court sentenced Edmo to a unified term of six years, with three years determinate

. Thereafter, Edmo filed an Idaho

Criminal Rule 35 motion for reduction of his sentence, which the district court denied. Edmo

now appeals, contending the district court abused its discretion by imposing an excessive sentence and declining to retain jurisdiction. Sentencing is a matter for the trial court ’ s discretion. Both our standard of review and the factors to be considered in evaluating the reason ableness of the sentence are well established and need not be repeated here. See State v. Hernandez , 121 Idaho 1 14, 117

- 18, 822 P.2d 1011,2 1014

- 15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.
1984); State v. Toohi ll , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho
722, 726, 170 P.3d 387, 391 (2007). The decision whether to retain jurisdiction is also a matter within the sound discretion of

the district court. State v. Lee , 117 Idaho 203, 205

- 06, 786 P.2d 594, 596

- 97 (Ct. App. 1990). The primary purpose of a district court retaining jurisdiction is to enable the court to obtain

additional info rmation regarding whether the defendant has sufficient rehabilitative potential and is suitable for probation. State v. Jones , 141 Idaho 673, 677, 115 P.3d 764, 768 (Ct. App. 2005).

There can be no abuse of discretion if the district court has sufficient evidence before it to conclude that the defendant is not a suitable candidate for probation. Id

. Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion either in sentencing or in declining to retain jurisdiction.
Therefore, Edmo ’s judgment of conviction and sentence are affirmed.
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION 1350

 

 

Inconnection with the Quarterly Report of iParty Corp. (the “Company”) on Form10-Q for the period ended September 24, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, the undersigned ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C Section 1350that to my knowledge:

 

(1)                     The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)                     The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

Date: November 7, 2005
|   | /s/ PATRICK FARRELL                    |   |
|--------|----------------------------------------|--------|
|   | Patrick Farrell                        |
|   | President and Chief  Financial Officer |

 

----
**EXHIBIT
      32.1/32.2**




CERTIFICATION
      PURSUANT TO




18
      U.S.C.
      SECTION 1350,





AS
      ADOPTED PURSUANT TO





SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report of Hornby International, Inc. (the
“Company”) on Form 10-QSB for the quarter ended September 30, 2007 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      John Probandt, Chief Executive and Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that;





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




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




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.





/s/
                John ProbandtName:
            John
                ProbandtTitle:
            Chief
                Executive and Financial OfficerDate:
            November
                16, 2007