alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### State of New York, Respondent, v Shaw Contract Flooring Services, Inc., Defendant, and Rochester Linoleum and Carpet Center, Inc., Appellant.

[853 NYS2d 694]

Carpinello, J.

*1079During the course of a renovation project at the State University of New York at Alfred, asbestos was released into a dormitory as the result of abrasion of tiles during flooring work. It is undisputed that this work was performed by a subcontractor of defendant Rochester Linoleum and Carpet Center, Inc. After remediation, plaintiff commenced this action alleging, as relevant on appeal, negligence and public nuisance against Rochester. Rochester’s unsuccessful motion to dismiss these two causes of action for failure to state a cognizable claim has prompted this appeal.

With respect to the negligence cause of action, the amended complaint alleges that Rochester undertook the flooring work for the subject renovation project from another entity, that Rochester had been advised that the existing flooring contained asbestos and that, as a result, the work was inherently dangerous and that Rochester and its agents and/or representatives thereafter performed the work in such a manner that asbestos was released into the air *(see Rosenberg v Equitable Life Assur. Socy. of U.S.,*79 NY2d 663, 670 [1992]). With respect to the public nuisance cause of action, the amended complaint alleges that Rochester’s conduct disregarded the rights of all dormitory residents, as well as other persons visiting or otherwise occupying it. Upon affording the amended complaint liberal construction, deeming all allegations against Rochester to be true and according plaintiff “the benefit of every possible favorable inference” *(Leon v Martinez,*84 NY2d 83, 87 [1994]; *see e.g. Rovello v Orofino Realty Co.,*40 NY2d 633, 634-635 [1976]), we are satisfied that plaintiff stated legally cognizable causes of action sounding in both negligence and public nuisance. We further note that, “[i]n assessing a motion under CPLR 3211 (a) (7), ... a court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint” *(Leon v Martinez,*84 NY2d at 88). Here, plaintiff submitted the affidavit of a sales representative affiliated with Rochester who established that Rochester was indeed actively involved in the subject flooring project and had been advised that the existing flooring in the dormitory contained asbestos. Consideration of this affidavit supports the finding that plaintiff has stated causes of action against Rochester.

Mercure, J.P., Peters, Rose and Kavanagh, JJ., concur. Ordered that the order is affirmed, without costs.
No. 985.

#### O’Neil *v.*Burke, Warden, et al.

May 20, 1946.

327 U.S. 811.
Exhibit 31.1

CERTIFICATION OF CEO PURSUANT TO RULE 13a-14 OR 15d-14

OF THE SECURITIES EXCHANGE ACT OF 1934,

AS ADOPTED PURSUANT TO SECTION
302

OF THE SARBANES-OXLEY ACT OF 2002

I, Philip A. Falcone, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the annual report on Form 10-K of Harbinger Group Inc.;
| | -- | -----------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: January 25, 2013

/s/ PHILIP A. FALCONEPhilip A. Falcone
Chairman of the Board and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q/A FOR THE SIX MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-29-1997
<EXCHANGE-RATE>                                      1
<CASH>                                      19,838,000
<SECURITIES>                                         0
<RECEIVABLES>                               30,085,000
<ALLOWANCES>                                 4,014,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            54,395,000
<PP&E>                                      29,520,000
<DEPRECIATION>                              12,490,000
<TOTAL-ASSETS>                              91,535,000
<CURRENT-LIABILITIES>                       33,175,000
<BONDS>                                     21,366,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       138,000
<OTHER-SE>                                  36,856,000
<TOTAL-LIABILITY-AND-EQUITY>                91,535,000
<SALES>                                     32,193,000
<TOTAL-REVENUES>                            55,128,000
<CGS>                                        4,315,000
<TOTAL-COSTS>                               52,224,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                             2,077,000
<INTEREST-EXPENSE>                           1,520,000
<INCOME-PRETAX>                              1,798,000
<INCOME-TAX>                                   853,000
<INCOME-CONTINUING>                            945,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   945,000
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.07
        

</TABLE>
Exhibit 10.24

COMPENSATION  OF  KEITH E. TROTMAN,  EXECUTIVE OFFICER

Keith E. Trotman, an Executive Officer of Zenith National Insurance Corp. (the "Company"), serves without an employment agreement. As such, his employment is
considered "at-will." As of February 15, 2006, his annual salary is $450,000 and is subject to such changes as may be made from time to time in its sole discretion by the
Compensation Committee (the "Compensation Committee") of the Board of Directors. Mr. Trotman also receives an annual automobile allowance of $15,600.

From
time to time, the Compensation Committee may award Mr. Trotman shares of restricted stock under the Company's restricted stock plan in its sole discretion. He is entitled to
dividends on such shares and the dividends are required by applicable income tax regulations to be reported as additional income so long as such shares are "unvested."

Mr. Trotman
is eligible for discretionary bonuses as may be authorized, declared, and paid by the Compensation Committee in its sole discretion and is also be eligible for such
bonuses under the Company's Executive Officer Bonus Plan, as may be awarded by the Compensation Committee pursuant to the terms of such plan.

Mr. Trotman
is also eligible to participate in the Company's fringe benefits, such as group insurance plans and the Company-sponsored 401(k) plan, which are generally available to
all employees. Mr. Trotman does not receive any perquisites or other personal benefits that are exclusive to him and not available to other employees of the Company.

---



QuickLinks
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          47,340
<INT-BEARING-DEPOSITS>                               1
<FED-FUNDS-SOLD>                                18,926
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     83,920
<INVESTMENTS-CARRYING>                         230,510
<INVESTMENTS-MARKET>                           224,300
<LOANS>                                      2,428,981
<ALLOWANCE>                                     24,523
<TOTAL-ASSETS>                               2,832,138
<DEPOSITS>                                   1,844,621
<SHORT-TERM>                                   429,365
<LIABILITIES-OTHER>                             20,500
<LONG-TERM>                                    313,596
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        58,983
<OTHER-SE>                                     165,073
<TOTAL-LIABILITIES-AND-EQUITY>               2,832,138
<INTEREST-LOAN>                                131,266
<INTEREST-INVEST>                               18,275
<INTEREST-OTHER>                                   513
<INTEREST-TOTAL>                               150,054
<INTEREST-DEPOSIT>                              60,422
<INTEREST-EXPENSE>                              87,537
<INTEREST-INCOME-NET>                           62,517
<LOAN-LOSSES>                                    1,156
<SECURITIES-GAINS>                                 (8)
<EXPENSE-OTHER>                                 47,577
<INCOME-PRETAX>                                 23,493
<INCOME-PRE-EXTRAORDINARY>                      23,493
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,311
<EPS-BASIC>                                        .50
<EPS-DILUTED>                                      .48
<YIELD-ACTUAL>                                    7.52
<LOANS-NON>                                      4,337
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  5,346
<ALLOWANCE-OPEN>                                24,324
<CHARGE-OFFS>                                    1,163
<RECOVERIES>                                       206
<ALLOWANCE-CLOSE>                               24,523
<ALLOWANCE-DOMESTIC>                            24,523
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          8,224


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          NOV-30-1997
<PERIOD-END>                               FEB-28-1998
<CASH>                                         225,916
<SECURITIES>                                         0
<RECEIVABLES>                                  253,928
<ALLOWANCES>                                         0
<INVENTORY>                                    863,644
<CURRENT-ASSETS>                             1,784,493
<PP&E>                                       3,117,679
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,204,176
<CURRENT-LIABILITIES>                        1,064,469
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,299
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,204,176
<SALES>                                      1,091,719
<TOTAL-REVENUES>                             1,091,719
<CGS>                                          646,625
<TOTAL-COSTS>                                  646,625
<OTHER-EXPENSES>                               753,771
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,182
<INCOME-PRETAX>                               (319,859)
<INCOME-TAX>                                     7,500
<INCOME-CONTINUING>                           (327,359)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (327,359)
<EPS-PRIMARY>                                     (.02)
<EPS-DILUTED>                                     (.02)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Financial Statements at June 30,, 1999.
</LEGEND>

<S>                             <C>        <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           8,362
<INT-BEARING-DEPOSITS>                          13,799
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    108,880
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                           108,880
<LOANS>                                        397,560
<ALLOWANCE>                                      4,545
<TOTAL-ASSETS>                                 542,432
<DEPOSITS>                                     355,524
<SHORT-TERM>                                    35,351
<LIABILITIES-OTHER>                             10,240
<LONG-TERM>                                     95,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      46,273
<TOTAL-LIABILITIES-AND-EQUITY>                 542,432
<INTEREST-LOAN>                                 15,263
<INTEREST-INVEST>                                2,757
<INTEREST-OTHER>                                   572
<INTEREST-TOTAL>                                18,592
<INTEREST-DEPOSIT>                               7,337
<INTEREST-EXPENSE>                              10,687
<INTEREST-INCOME-NET>                            7,905
<LOAN-LOSSES>                                      387
<SECURITIES-GAINS>                                   2
<EXPENSE-OTHER>                                  7,017
<INCOME-PRETAX>                                  2,757
<INCOME-PRE-EXTRAORDINARY>                       2,757
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,825
<EPS-BASIC>                                      .44
<EPS-DILUTED>                                      .42
<YIELD-ACTUAL>                                    7.26
<LOANS-NON>                                      1,722
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 4,312
<CHARGE-OFFS>                                      199
<RECOVERIES>                                        45
<ALLOWANCE-CLOSE>                                4,545
<ALLOWANCE-DOMESTIC>                             4,545
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          4,295


</TABLE>
Form of Notice of Annual Outside Director Stock Unit Grant



 Exhibit 10.5.6 
 EHEALTH, INC. 2006 EQUITY INCENTIVE PLAN 
 NOTICE OF ANNUAL OUTSIDE DIRECTOR STOCK UNIT GRANT 
 You have been granted the following Stock Unit award covering shares of the Common Stock of eHealth, Inc. (the “Company”). Each Unit is
equivalent to one share of Common Stock of the Company (a “Share”) for purposes of determining the number of Shares subject to this award. None of the restricted Stock Units will be issued (nor will you have the rights of a stockholder
with respect to the underlying shares) until the vesting conditions described below are satisfied. Additional terms of this grant are as follows: 
  

			
	 Name of Participant:
	  	«Name»
		
	 Total Number of Shares:
	  	1,625
		
	 Date of Grant:
	  	«DateGrant»
		
	 Vesting Schedule:
	  	100% of the Shares covered by this award shall vest on the day prior to the Company’s next annual stockholder meeting, subject to your continued Service through such vesting date. In
addition, this restricted Stock Unit becomes 100% vested if the Company is subject to a “Change in Control” (as defined in the Plan) before your Service terminates.

 You and the Company agree that this Stock Unit award is granted under, and governed by the terms
and conditions of, the 2006 Equity Incentive Plan (the “Plan”) and the Stock Unit Award Agreement, both of which are attached to and made a part of this document. 
 You further agree that the Company may deliver by email all documents relating to the Plan or this award (including, without limitation, prospectuses
required by the Securities and Exchange Commission) and all other documents that the Company is required to deliver to its security holders (including, without limitation, annual reports and proxy statements). You also agree that the Company may
deliver these documents by posting them on a website maintained by the Company or by a third party under contract with the Company. If the Company posts these documents on a website, it will notify you by email. 
  

							
	PARTICIPANT:	 		 	EHEALTH, INC.
				
	 	 		 	By:	 	 
				
		 		 	Title:
###                                                          THRIVENT MUTUAL FUNDS
Exhibit 32.1

OLD DOMINION ELECTRIC COOPERATIVE

CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER

PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Old Dominion Electric Cooperative (the Company) on Form
10-Q for the period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jackson E. Reasor, President and Chief Executive 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                      
|--------------------- |  | -------------------------------------
|Date: August 10, 2007 |  | /s/ Jackson E. Reasor                
|                      |  | Jackson E. Reasor                    
|                      |  | President and Chief Executive Officer
|                      |  | (Principal Executive Officer)
DIRECTORS AND OFFICERS
                                      1999
                           INDEMNIFICATION AGREEMENTS


Directors
---------
Philip J. Dion
D. Kent Anderson
LeRoy C. Hanneman, Jr.
Michael O. Maffie
Dr. J. Russell Nelson
Peter A. Nelson
Michael E. Rossi
Glenn W. Schaeffer
C. Anthony Wainwright
Sam Yellen

Officers
--------
Philip J. Dion
Mary S. Alexander
Kimball Bannister, III
Larry W. Beckner
John H. Gleason
LeRoy C. Hanneman Jr.
Robertson C. Jones
Anne L. Mariucci
Helen M. McEnerney
Donald V. Mickus
Frank D. Pankratz
Scott J. Peterson
David E. Rau
Charles T. Roach
David G. Schreiner
M. Lynn Schuttenberg
John A. Spencer
Robert R. Wagoner
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT

No. 17-16009

D.C. No. 1:15-cv-001776-DADMJS

MEMORANDUM*

Appeal from the United States District Court 

for the Eastern District of California

Dale A. Drozd, District Judge, Presiding 

Submitted December 18, 2017**

Before: WALLACE, SILVERMAN and BYBEE, Circuit Judges.

California state prisoner Vasilis Fotiou Sakellaridis appeals pro se from the 

district court’s summary judgment for failure to exhaust in his 42 U.S.C. § 1983 

action alleging retaliation in violation of the First Amendment. We have

* This disposition is not appropriate for publication and is notprecedent 

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).

VASILIS FOTIOU SAKELLARIDIS,

Plaintiff - Appellant,

v.

J. CABRERA, Correctional Officer at 

CSP-Corcoran,

Defendant - Appellee.

FILED

DEC 21 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
jurisdiction under 28 U.S.C. § 1291. We review de novo, Andres v. Marshall, 867 

F.3d 1076, 1077 (9th Cir. 2017), and we affirm.

The district court properly granted summary judgment because Sakellaridis 

did not exhaust his administrative remedies, and he failed to raise a genuine dispute 

of material fact as to whether administrative remedies were effectively unavailable 

to him. See Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015) (setting forth 

the burden-shifting framework for exhaustion); see also Ross v. Blake, 136 S. Ct.

1850, 1858-60 (2016) (setting forth circumstances when administrative remedies 

are unavailable).

AFFIRMED.

2 17-16009
*Effective      January 1, 2007*

| Annual                Board Retainer           | $                40,000                     |
|------------------------------------------------|---------------------------------------------|
| Board                Meeting Fee               | $                1,500 per meeting attended |
| Committee                Chair Annual Retainer |                                        |
| Audit/Compensation                             | $                15,000                     |
| Committee                Chair Annual Retainer |                                        |
| Other                Committees                | $                5,000                      |
| Committee                Meeting Fee           | $                1,500 per meeting attended |
| Annual                Equity Grant (1)         | $                125,000                    |
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

February 1, 2017

t0125 

# Order

Clerk February 1, 2017

154175

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 154175

COA: 332051

Wayne CC: 14

- 009749

- FC

JAMIE ALLEN PEARSON,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the June 1, 2016 order of

the Court of Appeals is considered, and it is DENIED, because we are not persuaded that

the question presented should be reviewed by this Court.