...Richards Page 2 APPEARANCES For the Plaintiff: Kenneth L. Christensen Matthew Hansen Jake Lee CHRISTENSEN & HYMAS 11693 South 700 East, Suite 100 Draper, Utah 84020 For the Defendant: Sade A. Turner STRONG & HANNI 102 South 200 East, Suite 800 Salt Lake City, Utah 84111 Also Present: (Via Telephone) Dorothy Clay Sims Oregon Hunter Page 4 *** INDEX EXAMINATION By Mr. Christensen By Ms. Turner By Mr. Christensen PAGE 3 132 157 EXHIBITS No. 1 No. 2 3-19-14 Ltr, Turner to Richards 11-14-13 Deposition Transcript Excerpt 86 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 Uh-huh. MS. TURNER: Mr. Christensen, these are the medical records because we didn't print them all out. MR. CHRISTENSEN: I figured. And you had sent me those, but I appreciate you bringing them. We might open them up and refer to them, actually. Q. Did you happen to have in your file your billing for your services at all? A. No. Q. And why is that? A. My wife takes care of that so I don't keep a record with me of billing. Q. How does she typically do that? MS. TURNER: Objection. Foundation. Answer it if you know. A. I give her the hours that I spent working on the case and then she sends an invoice. Q. And where is the documentation for your hours? Is it on your handwritten notes? A. So up at...
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...settlements across the land toward the Pacific Ocean seems to be buried under those previous moments in American history. In 1893, Frederick J. Turner (a professor at the University of Wisconsin), wrote an article that has been said to have “. . . created as profound a change in the general attitude toward American history as any single word on the subject that has ever been spoken” (Rounds). In the article, The Significance of the frontier in American history by Frederick J. Tuner, I believe he makes the argument that the westward expansion of America was an important and pivotal period in American history due to the development and the frontier nature. The Importance of the expanding frontier according to Turner is much more than people moving, rather it is the effects it has on the evolution of social and structural characteristics that carries more significance. The word “development” is used by Turner multiple times to describe the recurrence of progression from an unsettled land to a civilization. Turner believes the most important part of American development of that era is that it isn’t a unique event but an ever-happening event. He makes this clear when he notes that “. . . American development has exhibited not merely advance along a single line, but a return to primitive conditions on a continually advancing frontier line” (Turner). He also believes that this recurrence happening on the frontier has played a vital role in the social development of America. He states...
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...Above we have looked at the two main radical environmentalist groups and have taken note of their ecotage and eco-terrorist like actions. So far the actions have been displayed as the wrong way to handle environmental issues. Using ecodefense as an argument for ecotage we can grasp or at least have an understanding for why these groups take part in these actions other that enforcing their ideologies of the environment. So let's take a look at what the ecodefense argument means. The ecodefense argument is a variant of the position that asserts that while it is usually wrong to damage or destroy another person’s private property, it is also usually permissible to defend oneself against undue harm or violation, and if such self-defense ever were...
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...and Co and Fuller, Smith and Turner: Analysis of Performance and Financial Position “Discovery consists of seeing what everybody has seen and thinking what nobody has thought”. Albert von Szent. Nobel Prize Winner. 3,969 words, excluding Table of Contents, References and Appendices. Table of Contents 1. Introduction 3 2. A Comparison of Profitability from 2008 to 2010 3 2.1 Return on Capital Employed 4 2.2 Return on Shareholders’ Funds 6 2.3 Net Profit Percentage 6 2.4 Gross Profit Percentage 7 3. Liquidity Analysis 2009 to 2010 7 3.1 Current Ratio 7 3.2 Quick Ratio 8 3.3 Inventory Turnover 8 3.4 Debtors’ Analysis 8 3.5 Creditors’ Analysis 9 4. Capital Structures 9 4.1 Financing the Business: Young and Co. 9 4.2 Financing the Business: Fuller, Smith and Turner. 10 4.3 Financing Implications 11 5. Investment Analysis 11 5.1 Young and Co 11 5.2 Fuller, Smith and Turner 12 5.3 Implications of Investment Ratios 12 6. Issues with Published Financial Statements 13 References 15 Appendices 16 Appendix A: Reducing Beer Volumes 16 Appendix B: On and Off Trade Forecast 17 Appendix C: Public House Closures 18 Appendix D: Profitability Calculations 19 Appendix E: Liquidity Ratios 23 Appendix F: Efficiency Ratios 25 Appendix G: Financial Structure 27 Appendix H: Appraisal of Young and Co 2010 29 Appendix I: Appraisal of Fuller, Smith and Turner 2010 30 Appendix J: Financial...
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...Was Linderman Industries' adoption of project organization an appropriate one for getting the Mexican subsidiary started? Adopting the project organization for getting the Mexican subsidiary started was an appropriate measure by Linderman Industries. Notably, starting up a new subsidiary is an exercise that would require considerable planning, preparation and strategizing so as to ensure that the activities would run smoothly once it was in operation (Kerzner, 2009). The kind of effort required in making this a reality is time consuming and employees within the organization may not be able to handle the project while performing their other normal duties. Consequently, there is bound to be high levels of inefficiency and poor organization. The project organization, in turn, ensures that the persons involved only concentrate on the project such that it is likely to be successful. Project organizations prove appropriate for vital projects due to the factors discussed below. Project management allows for fuller utilization of employees. Conway and Delgado should have agreed on priorities in order for the project to be effective. Both must be willing to negotiate for resources. However, when both maintain a high degree of authority; it becomes difficult for the project manager to do what is best for the project. Decision-making in a matrix organization alone is a difficult process. When working on transitioning, it becomes difficult for the employees to do what is right when their...
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...word 'authority' can be used to mean power given by the state (in the form of Members of Parliament, Judges, Police Officers, etc.) or by academic knowledge of an area (someone can be an authority on a subject). The word "Authority" with capital "A”, refers to the governing body upon which such authority (with lower case "a") is vested ( Arendt, 1961: 53). However, authority is often used interchangeably in governments with the term "power". However, their meanings differ. Authority refers to a claim of legitimacy, the justification and right to exercise power (Spencer, 1970: 258). For example, while a mob has the power to punish a criminal, for example by lynching, people who believe in the rule of law consider that only a court of law to have the authority to order capital punishment. Max Weber, in his sociological and philosophical work, identified and distinguished three types of legitimate domination that have sometimes been rendered in English translation as types of authority, because domination isn't seen as a political concept in the first place. Weber defined domination (authority) as the chance of commands being obeyed by a specifiable group of people (Turner, 1992: 73). Legitimate authority is that which is recognized as legitimate and justified by both the ruler and the ruled. Leaders take on particular...
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...COMMUNICATION THEORY A review of Stephen Mailloux’s (1995, ed) discussion of “Sophistry and Rhetorical pragmatism” (pp1-30) and West and Turner’s (2010, pp.312-327) discussion of “Rhetoric”. This essay is a review of Stephen Mailloux’s discussion of Sophistry and Rhetorical pragmatism (Mailloux, 1995) and West and Turner’s discussion of Rhetoric (West & Turner, 2010). The writings in question discuss the origins and evolution of Rhetoric, with Mailloux introduce a historical and philosophical criticism of “sophistic Rhetoric as applied in the modern American context” (for example, neopragmatism and poststructuralism), and evaluated in the rest of the book, whilst West and Turner enlighten the reader about the heurism and globalism of Aristotle’s Rhetorical theory with a focus on the discipline of public speaking. Mailloux introduces sophistic Rhetoric as founded on the pragmatic doctrine that “Man is the measure of all things: of things which are, that they are, and of things which are not, that they are not”, a phrase attributed to the Sophist Protagoras (Patrick, 2006). Others Sophists of note include Gorgias, Prodicus, Hippias and Thrasymachus – quoted in Plato’s Republic as saying “… ‘Just’ or ‘right’ means nothing but what is to the interest of the stronger party” (Plato & Lane, 2007)). West and Turner’s account of the Rhetoric show that the first teachers of Rhetoric were the "Sophists”, who were nomadic teachers of public speaking that were respected for their intellect...
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...FEBRUARY 9, 2011 JOHN J. GABARRO COLLEEN KAFTAN Jamie Turner at MLI, Inc. “Had I known how hard this job would be, I might have thought twice about leaving the one at Wolf River,” Jamie Turner reflected as he waited for his boss, Pat Cardullo, to arrive at the office on a blustery September morning. At 32, Turner was struggling in his third marketing management position since completing his MBA six years earlier. Only six months into his current assignment at Modern Lighting Industries, Inc. (MLI), he was starting to worry that his string of previous successes had hit a serious snag. Working for Cardullo had become as confusing, unpredictable, and frustrating as anything he’d ever experienced. When Cardullo, president of MLI, had interviewed Turner and invited him to join the company as vice president for marketing and sales, Turner had found the older man smart, friendly, even charismatic. Cardullo had offered him a free hand in reorganizing the marketing area, and had all but guaranteed that Turner would take over as president within two years. Before long, however, things began to go wrong: Cardullo started to seem distant and critical, and he intervened frequently in marketing decisions, sometimes undermining or even reversing Turner’s decisions. The turnaround Cardullo was attempting to engineer at MLI had stalled, sales were again declining, and things in general were rapidly deteriorating. Turner didn’t know whether to be happy or anxious—or both— when...
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...4254 FEBRUARY 9, 2011 JOHN J. GABARRO COLLEEN KAFTAN Jamie Turner at MLI, Inc. “Had I known how hard this job would be, I might have thought twice about leaving the one at Wolf River,” Jamie Turner reflected as he waited for his boss, Pat Cardullo, to arrive at the office on a blustery September morning. At 32, Turner was struggling in his third marketing management position since completing his MBA six years earlier. Only six months into his current assignment at Modern Lighting Industries, Inc. (MLI), he was starting to worry that his string of previous successes had hit a serious snag. Working for Cardullo had become as confusing, unpredictable, and frustrating as anything he’d ever experienced. When Cardullo, president of MLI, had interviewed Turner and invited him to join the company as vice president for marketing and sales, Turner had found the older man smart, friendly, even charismatic. Cardullo had offered him a free hand in reorganizing the marketing area, and had all but guaranteed that Turner would take over as president within two years. Before long, however, things began to go wrong: Cardullo started to seem distant and critical, and he intervened frequently in marketing decisions, sometimes undermining or even reversing Turner’s decisions. The turnaround Cardullo was attempting to engineer at MLI had stalled, sales were again declining, and things in general were rapidly deteriorating. Turner didn’t know whether to be happy or anxious—or both— when Alan Oliver...
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...CAUSES(S) AND MANAGEMENT. PLEASE NOTE NOT ALL REFERENCES WILL GIVE YOU THE SAME METHOD OF MANAGEMENT AND SOME WILL GIVE MORE THAN ONE METHOD Nail fungi (onychomycosis) is caused by dermatophytes that invade the nail matrix. They possess the ability to thrive and grow on the protein keratin and favour damp and dark conditions, therefore the human toenail and nail bed provide the ultimate breeding ground. (Johnson 1993) The most common is Trichophyton Rubrum, the same causes “athletes’ foot”. This commonly affects the sole, dorsum, lateral borders and in between toes. If left untreated, the infection can spread to the nail matrix. (Bristow I. 1996) Fungal infections can start by trauma to the toenail which leaves it vulnerable to infection. People who do not maintain a good standard of foot hygiene are predisposed to fungal infections. Failure to dry the feet thoroughly and the use of communal showers can all be causative factors. (Johnson M. 1993) Treatment can be prolonged using topical products, in some cases up to 9 months. More often than not these are ineffective as the treatment cannot penetrate the thickened nail. The only topical agents giving some success in mild nail infection are amorolfine, cyclopiroxolamine and tioconazole. (Dawber R. 1996) If there are more than 2 or 3 nails involved, it is better to use terbinafine orally together with amorolfine topically as recent evidence shows better success rates using both. (Turner & Merriman 2005) For ongoing...
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...The Lusitania Goes Under What happened to the Lusitania on it's last journey across the Atlantic Ocean? Why did the ship get torpedoed? Was it against laws set forth by many of the countries of the early 1900s? These are many of the questions often asked when World War I is being discussed in many history classes. With the assassination of Archduke Franz Ferdinand of Austria, the countries of Austria, Germany, Russia, France, Britain, and Serbia initially felt the tensions increasing either through the arms race or the forming of various alliances and treaties. On, 28 July 1914, the war was official and new types of warfare had been implemented in ways never before used. The early machine guns were now employed to keep enemies in their trenches, airplanes were soaring in the skies, tanks were rolling over trenches, and the most devastating of all, the submarine was now an effective and efficient killing machine. The submarine could stalk enemy ships and attack them without any warning or retribution. The earliest submarine, the Turtle, was used in the American Revolutionary War, but it had little success. (American 1) Now, the submarines used in World War I were redesigned and fitted with better weaponry for fighting a war of stealth and destruction. Submarines had many famous or infamous attacks on naval vessels depending on which side of the history books the country was on. (Germans 1) The one attack that changed World War I was submarine attack on the Lusitania...
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...FARSIGHTED PROJECT CONTRACT MANAGEMENT: INCOMPLETE IN ITS ENTIRETY PROFESSOR J RODNEY TURNER, (Department of Marketing and Organization, Rotterdam School of Economics Erasmus University Rotterdam) 1. PROJECT ORGANIZATION: COOPERATION VERSUS CONFLICT There are two ways of viewing a project organization, what I would consider to the correct way, and the normal way, respectively: • • a temporary organization, (Turner and Müller 2003), through which the owner assembles resources and motivates them, in a climate of cooperation, to achieve their objectives; a market place, in which the owner buys the project’s outputs at the cheapest possible price, in a climate of conflict with their contractors, where one will win the other lose. In the more common approach, the client adopts the mindset they are going to buy the project’s outputs in the local bazaar, and negotiates hard to achieve the lowest possible price from the vendor (contractor). The negotiation is viewed as a win-lose game. A climate of conflict and mistrust develops, and this spills over into project delivery, usually leading to a lose-lose outcome. Scott (2001) says this approach results in misalignment between the client's and contractor's objectives, between the objectives of multiple contractors, and between the client's objectives and the contractor's remuneration. Turner and Müller (2003) view the project as a temporary organization, through which the client assembles resources to achieve their objectives. As...
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...Chine Chime Essay 2 Robery Orsi’s description of religion as a ‘network of relationships between heaven and earth involving humans of all ages and many different sacred figures together’ introduces a new way to look at religion and the interaction that it has with those who value it. It prepares provides a framework that enables careful consideration of a concept that Victor Turner introduces (Orsi 2005 pg. 5). Communitas is a Latin term that turner coopts in a bid to describe a concept that cannot easily be defined. It is described using multiple ideas in order to be able to understand what exactly it represents. It is the opposite of structure but one that cannot simply be characterized as sacred. It is similar to Eliade’s idea of the sacred...
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...Liminality and Communitas as new sources of Social Capital in Business Relationship Dynamics Dr Annmarie Ryan, Department of Management and Marketing, Kemmy Business School, University of Limerick, Ireland. Competitive Paper Abstract In this paper I develop a framework for the study of business relationships through the lens of liminality. This is achieved by discussing the work of Turner in relation to rites and rituals and their role in society. Those dimensions of the concept of liminality and communitas that are important for this study therefore include: that it involves interaction outside everyday lived experience; that liminality is constructed and is neither self-evident or naturally occurring; involves the transformation re-discovery and re-appropriation of every day spaces, through separation, or divestiture process, and subsequently (re)incorporated into the everyday through processes of investiture and importantly, incorporates a shared experience that can impact on relations between those who share the experience beyond the event itself. The concept of liminality is offered as a way to enable researchers to understand the interactions between managers in relationships in a new way. The focus of this paper is therefore threefold: 1/ to expand upon the concept of creating, holding and intensifying liminal space and 2/consideration of the effect of this on the organisation and 3/ reflection on this on-going entering into and leaving of liminal space...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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