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[ "A helicopter circled overhead. ", "Riot police clad in protective gear and balaclavas lined the sidewalks. ", "Columns of police wagons sped past. ", "There was a sense of foreboding in the air in central Moscow on Saturday afternoon as the authorities prepared for the latest demonstration to demand that opposition candidates be allowed to run in the upcoming Moscow City Duma elections. ", "That was especially the case when about a dozen policemen detained Lyubov Sobol, a barred candidate who has become one of the main leaders of the three weeks of protests, as soon as she left her building around 2 p.m. local time to head for what she said would be a walk through central Moscow along the tree-lined Boulevard Ring. “", "Hello to all the brave Muscovites who came out today! ", "Proud of you!” ", "Sobol, who is on the 21st day of a hunger strike, wrote on Twitter several hours later from a police station after being driven around for several hours without access to her phone, she said.", "\n\nAP / TASS\n\nThe protests have roiled Moscow since July 14, when Sobol and other prominent opposition candidates — including fellow allies of opposition leader Alexei Navalny Ivan Zhdanov and Ilya Yashin, as well as Dmitry Gudkov, a prominent critic of Russian President Vladimir Putin — were barred from running. ", "To make it on to the ballot for the Sept. 8 vote, potential candidates had to each collect around 5,000 signatures, depending on the district, from city residents. ", "But over the first days of July, opposition politicians had some of the names they collected invalidated by election officials. ", "They argue that the authorities have barred them from running to stop them from challenging Kremlin-backed incumbents. ", "Over the last 21 days, protesters have mobilized for regular street rallies demanding opposition candidates be allowed to run. ", "At one point, the authorities offered the protesters an outlet to vent their anger by approving a July 20 demonstration on Prospekt Sakharova, a location outside the city center. ", "But that protest drew 22,500 people — making it the largest opposition-led demonstration in recent years. ", "Since then, the authorities have cracked down — hard.", "\n\nhttps://twitter.com/Domozhiroff/status/1157657088941858817\n\nAfter the Investigative Committee opened a criminal investigation into unsanctioned protests, they began night raids on the opposition politicians who were calling on protesters to take part in unauthorized demonstrations. ", "Opposition leader Navalny and ex-state Duma deputy Gudkov have since been handed 30-day prison sentences, while Zhdanov, the director of Navalny’s Anti-Corruption Foundation, has been sentenced to 15 days and municipal deputy Yashin to 12. ", "During last weekend’s protest, police also detained nearly 1,400 people, while the courts — which heard more than 1,000 cases this week — have come down strongly on them. ", "Some 88 people are now facing prison time, while another 330 have been fined. ", "One student faces up to eight years behind bars. ", "This week, Moscow Mayor Sergei Sobyanin had warned the opposition that he would not allow the protest movement to plunge Russia’s capital into chaos. “", "We don’t live in Zimbabwe,” the Putin ally said in an interview on state television, accusing the opposition of having “a desire to usurp power illegitimately.”", "\n\nYet people have continued to come out. ", "Each week, Facebook events advertising the protests have seen increasing interest, and some of Russia’s most prominent celebrities have spoken out in support of the movement. ", "By the time protest kicked off at 2 p.m. local time Saturday, more than 20,000 people had said they were interested in going or would be attending. ", "Another 1,000 gathered in St. Petersburg in support of the Moscow protests, according to local police there. ", "Protesters and journalists, including a Moscow Times reporter, reported having difficulties connecting to the internet along the demonstration route. ", "Last fall, the authorities ordered two mobile operators to cut access to mobile data services in the region of Ingushetia during protests there. ", "Moscow city officials also on Wednesday announced a shish kebab-themed music festival for Saturday, with social media influencers urging people Saturday morning and afternoon to attend. ", "Activists were not deterred — some even travelled to Moscow from other cities, including Volgorad some 1,000 kilometers to the southeast. “", "I needed to see for myself what these protests were about because we don’t see the real thing on television,” said Dmitry Lungu, 22. “", "What I see is a large number of people who believe it’s time for Putin to leave office.”", "\n\nA helicopter circled the protest route in Moscow Saturday afternoon. ", "Valery Sharifulin / Tass\n\nBecause riot police blocked off much of the planned protest route, forcing protesters to turn down side streets, it was difficult to estimate numbers of demonstrators Saturday. ", "Moscow police estimated that 1,500 turned out. ", "For their part, the protesters repeatedly broke out into cheers and claps, accompanied by cars that honked as they passed. ", "At times they chanted familiar slogans like “Russia will be free” and “Sobyanin resign.” ", "Many were detained — 1,001, according to the OVD Info police watchdog. “", "It’s a political crisis for the authorities,” said political analyst Yekaterina Schulmann. “", "So far they are using the methods and instruments they know — we haven’t seen anything new from them, just higher numbers.” “", "But it would also be dumb to disregard the cooling effect that a violent crackdown can have on protests,” she added." ]

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[ "Call Of Cthulhu - Depths of Madness Trailer\n\nCyanide Studioのナラティブデザイナー，マクシミリアン・ルッツ氏\n\nFocus Home Interactiveは，2016年に制作が発表されたホラーRPGのデモプレイを，同社が本拠地を置くパリで開催したイベントで初公開した。開発はフランスのCyanide Studioが担当し，2017年第4四半期の発売も新たに発表された。対応機種は PC および PlayStatioin 4 Xbox One が予定されている。H.P.ラヴクラフトの古典怪奇小説と，それをベースにしたテーブルトップRPGをライセンスした本作は，北米ニューイングランド地方にある架空の孤島を舞台にした物語が描かれる。時は1920年代，女性芸術家のが自分の邸宅で謎の死を遂げ，その調査を依頼された私立探偵がボストンからやってくる。そして，家族や島を覆うミステリーを解き明かしていくことになる。ゲーム画面は主人公の一人称視点で描かれ，プレイヤーは探索やパズル，そしてNPC達との会話などを通してストーリーを進めていくのだ。今回のデモでは，ピアースが島に降り立ったばかりの冒頭のシーンが紹介されており，事故現場となったホーキンス邸に鍵がかけられているために，内部に潜入する方法を考え出さなければならないという設定だった。鍵はという庭師の男が持っているらしいが，主人公を不審に感じたのか，会話をしてもなかなか信用してくれない。会話は，そしてなどから適切だと思うものをダイヤルで選択するシステムだ。波止場から邸宅にやってくる道すがら，サラの墓に花が供えられているのを見たので，これはおそらくウィンチェスターが供えたものと判断。ウィンチェスターはサラに好意を寄せていたらしいことから，「説得」を繰り返して鍵をもらうというステップを踏み，なんとか邸宅内に入った。もっとも，どのような手法で潜入するのかはプレイヤー次第であり，スキルを活かして脅迫してみるといった会話の選択や，庭師の家から鍵を盗む，あるいは裏口を見つけるといったこともできるという。本作は，1981年にリリースされたChaosiumのテーブルトップRPG「Call of Cthulhu」のルールセットを参考にしており，中でも特徴的なのが，と呼ばれるパラメータだ。これは，プレイヤーが恐怖を感じた体験や場所から，特定の恐怖症を引き起こすというもの。暗所，閉所，高所といったいくつかのフォビアが存在し，Sanityゲージが増えていくと，ストーリーの重要なシーンで恐怖症が発生してゲームを進めにくくなる。薬を飲むなど，恐怖感を鎮めるための対処法も存在するが，数あるホラーものの中でもユニークなシステムになりそうだ。今回のデモでも，ホーキンス邸の美術館のような場所で，絵から異様なクリーチャーが抜け出てくるというシーンが紹介されていたが，見つからないよう隠れたピアースの心拍数が上がり，どんどんと恐怖心が増していくのが感じられた。ピアーズはタンスの中にいるのだが，このデモでは閉所恐怖症という設定だったのか，一定の時間以上同じ場所にいると錯乱して声が出るというリスクがある。そのため，時間に追われつつ，クリーチャーがいないスキをうかがって別の場所に移動しなくてはならない。本作の脚本を担当するCyanide Studioのナラティブデザイナー，によれば，主人公は配下の探偵達を使ってを編成し，それぞれの能力に合わせて彼らにミッションを委任するといったシステムも導入される予定だという。失敗するとどうなるのか，すべてのミッションをプレイヤーが直接プレイできるのか，といった不明点も少なくないが，ルッツ氏は，プレイヤーが背景となる物語をより深く知ることができる，さまざまな仕掛けを用意しているとも述べていた。最近はゲーム実況のネタとして人気を博しているホラージャンルだが，「Call of Cthulhu: The Official Video Game」は，独自性の強いさまざまなシステムの導入により，他人がプレイする様子を鑑賞するだけではなく，自分で遊んでみたいと思わせる作品に仕上がりそうだ。新情報の公開に期待したい。" ]

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[ "Our Profile\n\nJyoti Speed Packers and Movers in Indore are well known packers & movers service Provider Company in Indore, They provide excellent packing and moving services. ", "We are the regular, consistent packers movers agency in Indore, India in addition to we'll get out of the packing and moving manufactured goods and equipment with greatest care and transport on time." ]

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[ "\n87 F.Supp.2d 1295 (2000)\nCharles D. MEDALIE, and Janet Medalie, Plaintiffs,\nv.\nFSC SECURITIES CORPORATION, Defendant.", "\nNo. ", "98-3183-CIV.", "\nUnited States District Court, S.D. Florida.", "\nFebruary 1, 2000.", "\n*1296 *1297 Robert B. Miller, Bedzow Korn Brown, Hallendale, FL, for Plaintiffs.", "\nJames Kaplan, Wilson Elser Moskowitz, Miami, FL, for Defendant.", "\n\nORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND GRANTING DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT\nGOLD, District Judge.", "\nTHIS CAUSE is before the court upon defendant FSC Securities Corporation's motion to dismiss (DE # 16-1, 16-2). ", "Plaintiffs Charles D. Medalie and Janet Medalie were solicited from late 1984 until February 1985 by George Bliss, a representative of FSC, to purchase investments in limited partnerships. ", "Bliss visited George Medalie in school, where he worked, and later both plaintiffs at their home. ", "Plaintiffs allege that Bliss represented the investments would be safe, low risk, have a higher rate of return than money markets or certificates of deposit, and that the investments would be suitable for teachers such as the Medalies. ", "Based on Bliss's representations, the Medalies made five limited partnership purchases on February 5, 1985 and two purchases on February 12, 1987. ", "Plaintiffs' total investment amounted to $157,575.00. ", "Plaintiffs allege that after the purchases, neither Bliss nor FSC reported to them the true value or performance of their investments and represented to them that the investments were \"fine\" and \"doing great.\" ", "Plaintiffs continued to hold these investments \"to their financial detriment.\"", "\nPlaintiffs filed a four count complaint against the defendant alleging violation of § 517.301 of the Florida Securities and Investor Protection Act (Count I), breach of fiduciary duty (Count II), fraud in the inducement (Count III), and breach of contract (Count IV). ", "Plaintiffs' complaint was originally filed in the Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. ", "The case was timely removed to this court based on the court's diversity jurisdiction. ", "Plaintiffs are citizens and residents of New York and defendant is a Georgia corporation, with its principal place of business in Georgia. ", "The solicitations in this case took place in Waverly, New York. ", "FSC contractually consented to venue, personal jurisdiction, and subject matter jurisdiction in Dade County, Florida. ", "By arguing their motions based on Florida law, the parties have stipulated that Florida law applies in this case.[1] Neither party raised a choice-of-law or conflicts of law problem. ", "Defendant now moves to dismiss all counts, and if count IV for breach of contract, is not *1298 dismissed, defendant moves for a more definite statement on count IV.", "\n\nI. Standard of Review for a Motion to Dismiss under Rule 12(b)(6)\nTo warrant dismissal of a complaint under Rule 12(b)(6) of the Federal Rules of Civil procedure, it must be \"clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.\" ", "Blackston v. Alabama, 30 F.3d 117, 120 (11th Cir.1994) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. ", "2229, 2232, 81 L.Ed.2d 59 (1984)). ", "Determining the propriety of granting a motion to dismiss requires courts to accept all the factual allegations in the complaint as true and to evaluate all inferences derived from those facts in the light most favorable to the plaintiff. ", "See Hunnings v. Texaco, Inc., 29 F.3d 1480, 1483 (11th Cir.1994). ", "The threshold of sufficiency that a complaint must meet to survive a motion to dismiss is exceedingly low. ", "See Ancata v. Prison Health Servs., ", "Inc., 769 F.2d 700, 703 (11th Cir.1985) (citation omitted); Jackam v. Hospital Corp. of America Mideast, Ltd., 800 F.2d 1577, 1579 (11th Cir.1986). \"[", "U]nless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief,\" the complaint should not be dismissed on grounds that it fails to state a claim upon which relief can be granted. ", "Sea Vessel, Inc. v. Reyes, 23 F.3d 345, 347 (11th Cir.1994) (citation omitted). ", "Nevertheless, to survive a motion to dismiss, a plaintiff must do more than merely \"label\" his claims. ", "Blumel v. Mylander, 919 F.Supp. ", "423, 425 (M.D.Fla.1996). ", "Moreover, when on the basis of a dispositive issue of law no construction of the factual allegations will support the cause of action, dismissal of the complaint is appropriate. ", "Marshall County Bd. ", "of Educ. ", "v. Marshall County Gas Dist., ", "992 F.2d 1171, 1174 (11th Cir.1993).", "\n\nII. ", "Count I Securities Fraud — Violation of § 517.301, Florida Statutes\nCount I of plaintiff's complaint alleges a violation of § 517.301, Florida Statutes. ", "Defendant moves to dismiss based on the argument that Count I is barred by the statute of limitations. ", "The statute of limitations applicable to Chapter 517 is set forth in § 95.11(4)(e), Florida Statutes, which provides:\nActions other than for recovery of real property shall be commenced as follows:\n...\n4) Within two years. ", "—\n...\ne) An action founded upon a violation of any provision of chapter 517, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation occurred....\nThis statute has been held to bar any action for violation of Chapter 517, Florida Statutes, commenced after the expiration of five years from the date of the violation regardless of whether the facts giving rise to the cause of action were known by the plaintiff. ", "In Wilder v. Meyer, 779 F.Supp. ", "164, 167-68 (S.D.Fla.1991), the court held that fraudulent concealment would not serve to extend the five-year bar provided by the statute of limitations in § 95.11(4)(e) in a § 517.301 action. ", "The Wilder court relied on the Eleventh Circuit's holding in Cook v. Deltona Corp., 753 F.2d 1552, 1562 (11th Cir.1985):\nwhere the statute clearly provides for a tolling period for a fraudulent concealment, and then includes a secondary date which \"in no event\" can be surmounted, there is good basis for belief that the latter date was intended as an absolute barrier to the filing of suit.", "\nIn Cook, the court was interpreting language in the Interstate Land Sales Full Disclosure Act (\"the Act\"), 15 U.S.C. § 1701, et seq. ", "The pre-1979 § 1711 of the Act, providing the limitations period, contains a similar bifurcated limitations scheme as is found in § 95.11(4)(e). ", "The Cook court read the statute as manifesting a legislative intent to avoid equitable tolling *1299 for the secondary limitations period, while retaining the possibility of equitable tolling for the shorter primary limitations period. ", "See id. at 1562.", "\nFirst, looking a the face of the complaint, plaintiffs allege that they did not discover the fraud committed against them until \"mid-1996.\" ", "Amend. ", "Complaint at ¶¶ 25, 41. ", "The original state court action was filed on December 9, 1998, over two years after \"mid-1996.\" ", "See Defendant's Notice of Removal at 1 and attached State Court Complaint. ", "The question is therefore whether the complaint was filed less than \"five years from the date such violation occurred.\" ", "The answer to that question depends on when the violation is deemed to have occurred. ", "If the violation is deemed to have occurred when the securities were actually purchased, then the complaint was filed beyond the five year limitations period and the claim is barred by § 95.11(4)(e). ", "The Amended Complaint indicates that the securities purchases occurred on February 5, 1985 and on February 12, 1987. ", "These purchases occurred more than 11 years before the complaint in this case was filed. ", "See Amend. ", "Complaint at ¶ 20. ", "On the other hand, plaintiffs argue that the violation should be deemed to be a continuous tort that was fraudulently concealed by the defendant. ", "In this case, plaintiffs argue, the defendant's ongoing fraudulent misrepresentations and violations of fiduciary duties would extend the limitations period beyond the date of the original purchase and place it within the five year limitations period of § 95.11(4)(e). ", "The court is unpersuaded by plaintiffs' argument because ample case law suggests that the five year limit is an absolute bar which cannot be extended though equitable tolling, continuous torts, ongoing misrepresentations, or violations of fiduciary duties.[2]See Wilder and Cook, supra.", "\nMoreover, the cases show that the cause of action accrues for purposes of the five year limitations period at the time the securities were purchased. ", "See Byrne v. Gulfstream First Bank & Trust Co. of Boca Raton, 528 F.Supp. ", "692, 695 (S.D.Fla.1981) (determining for purposes of a Section 10(b) and Rule 10b-5 action applying the limitations period in Fla.Stat. § ", "95.11(4)(e) that the cause of action arose when the transaction transferring the securities at issue to the defendant was completed, and the action was therefore barred, even though the fraud was allegedly discovered within 2 years of the filing of the complaint, because 10 years had passed since the transaction was completed); see also Armbrister v. Roland Int'l Corp., 667 F.Supp. ", "802, 823 (M.D.Fla.1987) (\"The right of action provided arises when a sale is made in violation of the Chapter's [517] provisions. ", "The `violation,' then, that triggers the limitations period [of § 95.11(4)(e)] occurs when the purchaser contracts to buy the security.\"); ", "Wilder, supra. ", "Accordingly, because the allegedly fraudulent conduct was discovered more than two years after the complaint was filed and because the securities were purchased more than 11 years before the complaint was filed, Count I is barred by the statute of limitations in § 95.11(4)(e) and is therefore dismissed.[3]\n\nIII. ", "Counts II and III—Breach of Fiduciary Duty and Fraud in the Inducement\n\nA. The Economic Loss Rule\nFlorida's economic loss rule was originally enunciated by the Supreme Court of Florida in the cases of Florida Power & Light Co. v. Westinghouse Elec., ", "510 So.2d 899 (Fla.1987) and AFM Corp. v. Southern Bell, 515 So.2d 180 (Fla.1987). ", "The doctrine provides that contract principles are more appropriate than tort principles for resolving economic loss claims without accompanying physical injury or *1300 injury to property other than that which is the subject of the contract. ", "Consequently, a party to a contract may not pursue a claim in tort for solely economic losses unless the party breaching the contract has committed a tort which is distinguishable from or independent of the breach of contract. ", "Strickland-Collins Constr. ", "v. Barnett Bank of Naples, 545 So.2d 476 (Fla. 2d DCA 1989); Keys Jeep Eagle, Inc. v. Chrysler Corp., 897 F.Supp. ", "1437, 1443 (S.D.Fla.1995).", "\nThe economic loss rule is grounded on the basic difference between contract law—which protects expectations—and tort law—which is determined by the duty owed by all persons to others in society. ", "Casa Clara Condo. ", "Ass'n v. Charley Toppino & Sons, 620 So.2d 1244 (Fla.1993). ", "Economic loss has been defined as \"damages for inadequate value, costs of repair and replacement of the defective product, or consequent loss of profits—without any claim of personal injury or damage to other property.\" ", "Id. Economic losses \"are `disappointed economic expectations,' which are protected by contract, rather than tort law.\" ", "Casa Clara, 620 So.2d at 1246 (quoting Sensenbrenner v. Rust, Orling & Neale Architects, Inc., 236 Va. 419, 374 S.E.2d 55, 58 (1988)). ", "For recovery in tort \"there must be a showing of harm above and beyond disappointed expectations.\" ", "Id. Consequently, when the alleged duty breached is derived from the contractual relationship it cannot form the basis for a separate and distinct tort. ", "Interstate Sec. ", "Corp. v. Hayes Corp., 920 F.2d 769 (11th Cir.1991).", "\n\nB. Breach of Fiduciary Duty\n\n1. ", "Moransais—A New View of the Economic Loss Rule\nDefendant moves to dismiss plaintiffs' breach of fiduciary duty claim based on the argument that the claim is barred by the economic loss rule. ", "In Hayes, the Eleventh Circuit held that a claim for breach of fiduciary duty is barred by the economic loss rule, stating that \"we hold that if a fraud claim is foreclosed as a matter of Florida law under the AFM doctrine, a claim for breach of fiduciary duty must be prohibited as well.\" ", "Hayes, 920 F.2d at 777. ", "Significantly, the Hayes case, just as this case, involved an investor suing a securities broker for fraud. ", "The 1991 Hayes decision would therefore appear to be dispositive of the issue, however, on July 1, 1999, the Florida Supreme Court issued a new pronouncement on the application of the economic loss rule in Moransais v. Heathman, 744 So.2d 973 (Fla.1999). ", "In Moransais, the court held that \"the economic loss rule does not bar a cause of action against a professional for his or her negligence even though the damages are purely economic in nature and the aggrieved party has entered into a contract with the professional's employer.\" ", "744 So.2d at 983-84. ", "The court further held that \"Florida recognizes a common law cause of action against professionals based on their acts of negligence despite the lack of a direct contract between the professional and the aggrieved party.\" ", "Id.\nIn reaching its decision, the Florida Supreme Court engaged in a fundamental reassessment of how the economic loss rule has evolved in Florida and whether it has strayed from its original purpose. ", "See id. at 980 (\"Unfortunately, however, our subsequent holdings have appeared to expand the application of the rule beyond its principled origins and have contributed to application of the rule by trial and appellate courts to situations well beyond our original intent.\") ", "and id. at 980 (\"We must acknowledge that our pronouncements on the rule have not always been clear and, accordingly, have been the subject of legitimate criticism and commentary.\"). ", "The court concluded that the economic loss rule was being applied too broadly and was effectively extinguishing traditional tort causes of action.[4] Therefore, the scope of *1301 the economic loss rule should be narrowed to product liability actions and other similar contexts:\nToday, we again emphasize that by recognizing that the economic loss rule may have some genuine, but limited, value in our damages law, we never intended to bar well-established common law causes of action, such as those for neglect in providing professional services. ", "Rather, the rule was primarily intended to limit actions in the product liability context, and its application should generally be limited to those contexts or situations where the policy considerations are substantially identical to those underlying the product liability-type analysis.", "\nId. at 983.", "\nWhile the holding of this case was limited to professional malpractice, the court implied that other torts would also not be covered by the newly clarified economic loss rule. ", "See id. (\"The rule, in any case, should not be invoked to bar well-established causes of actions in tort, such as professional malpractice.\"). ", "Shortly after the Moransais decision, the Third District Court of Appeal held that \"the Moransais opinion makes it clear that the economic loss rule has not abolished the cause of action for breach of fiduciary duty, even if there is an underlying oral or written judgment on this issue.\" ", "First Equity Corp. of Florida, Inc. v. Watkins, Nos. ", "98-851, 98-589, 1999 WL 542639 (Fla. 3d DCA July 28, 1999). ", "The facts of First Equity are essentially the same as in this case: a securities broker introduced Watkins to an investment opportunity and entered into oral and written contracts. ", "The investment ultimately failed and Watkins brought suit contending that First Equity had misrepresented material facts regarding the investment. ", "See id. at * 1. ", "Noting that breach of fiduciary duty is a \"just such a well-established cause of action in tort\" the Moransais court contemplated, First Equity held the cause of action was not barred by the economic loss rule.", "\nThe First Equity holding therefore appears to be in direct conflict with the Eleventh Circuit's holding in Hayes. ", "The First Equity court recognized the conflict stating:\nWe recognize that the United States Court of Appeals for the Eleventh Circuit has held that the Florida economic loss rule bars a breach of fiduciary claim. ", "See Interstate Securities Corp. v. Hayes Corp., 920 F.2d 769, 776-77 (11th Cir.1991). ", "At the time of that decision, Florida law was not entirely clear. ", "See Moransais, 24 Fla.L. Weekly at S311, [744 So.2d at 980] (\"We must acknowledge that our pronouncements on the rule have not always been clear....\"). ", "After Moransais, Interstate Securities and its progeny cannot be regarded as good law on this point.", "\nId. at * 2 n. ***.", "\nBefore reaching the question of whether the court should apply First Equity instead of Hayes, the court must answer the question of under what circumstances it can depart from Eleventh Circuit precedent.", "\n\n2. ", "Departure from Eleventh Circuit Precedent to Respond to a Change in State Law\nIn cases controlled by state law, federal courts are bound to follow the decisions of the highest court of the state. ", "Huddleston v. Dwyer, 322 U.S. 232, 64 S.Ct. ", "1015, 88 L.Ed. ", "1246 (1944). ", "If the highest state court has not addressed the issue, federal courts should ascertain and apply state law as pronounced by intermediate state appellate courts. ", "Fidelity Union Trust Co. v. Field, 311 U.S. 169, 61 S.Ct. ", "176, 85 L.Ed. ", "109 (1940), reh. ", "den. ", "311 U.S. 730, 61 S.Ct. ", "438, 85 L.Ed. ", "475 and reh. ", "den. ", "314 U.S. 709, 62 S.Ct. ", "118, 86 L.Ed. ", "565 (1941). ", "Federal courts should view an intermediate state court's opinion as \"indicia of the leanings of the state's highest court,\" and follow those \"leanings,\" unless the federal court is convinced *1302 that the state supreme court would reach a different conclusion. ", "Daigle v. Shell Oil Co., 972 F.2d 1527 (10th Cir. ", "1992). ", "See also West v. American Tel. & ", "Tel. ", "Co., 311 U.S. 223, 236-37, 61 S.Ct. ", "179, 183, 85 L.Ed. ", "139 (1940).", "\nLooking to the Eleventh Circuit for guidance, the court appears to be bound to follow state court rulings on issues of state law, particularly where a state court specifically contradicts an earlier interpretation of state law by a federal court. ", "Nussbaum v. Mortgage Service America Co., 913 F.Supp. ", "1548, 1554 (S.D.Fla.1995) (citing Roboserve, Ltd. v. Tom's Foods, Inc., 940 F.2d 1441, 1451 (11th Cir.1991)). ", "The Eleventh Circuit is not alone in considering a more recent interpretation of state law by state courts to justify reconsideration of circuit precedent. ", "See also Jones-Hamilton v. Beazer Materials & Services, 973 F.2d 688, 696 n. 4 (9th Cir.1992); Derflinger v. Ford Motor Co., 866 F.2d 107, 110 (4th Cir.1989); Broussard v. Southern Pac. ", "Transp. ", "Co., 665 F.2d 1387 (5th Cir. ", "1982); Singletary v. Southeastern Freight Lines, Inc., 833 F.Supp. ", "917 (N.D.Ga.1993) (\"a federal court should follow the latest appropriate decision at whatever point in the federal proceedings it comes.\"). ", "The Ninth Circuit requires federal courts to reevaluate the prior federal decision in light of the more recently handed down state decision where a state court has made a subsequent pronouncement of state law. ", "Owen v. United States, 713 F.2d 1461 (9th Cir.1983). ", "In that case, a Ninth Circuit decision was later contradicted by a state court of appeals decision. ", "In evaluating the appropriate course of action, the Court noted that,\n[t]hese recent decisions by the California courts of appeal that have appeared subsequent to our Commercial Union [Insurance Co. v. Ford Motor Co., 640 F.2d 210 (9th Cir.1981)] decision requires us to reconsider the proper interpretation of § 877. ", "Our interpretation in Commercial Union was only binding in the absence of any subsequent indication from the California courts that our interpretation was incorrect.", "\nId. at 1464. ", "In that circuit, if the highest court of the state has not ruled on an issue, federal courts are directed to follow the intermediate appellate courts of the state unless convinced that the highest court would decide differently. ", "Id. Similarly, other circuits have found that \"[w]hen a conflict exists between holdings of the ... Circuit and more recent determinations of state appellate courts, the interpretation of the Circuit is not binding on federal district courts.\" ", "In re New York Asbestos Litig., ", "847 F.Supp. ", "1086, 1111 (S.D.N.Y.1994). ", "In that situation, the federal court is directed to follow the outcome it believes the highest court of the state would follow. ", "In re E. & S. Dists. ", "Asbestos Litig., ", "772 F.Supp. ", "1380, 1391 (E.D.N.Y.1991).", "\n\n3. ", "Which Precedent to Follow—First Equity or Hayes?", "\n\nIn light of Eleventh Circuit authority and the similar practices in other circuits, it appears that this court could follow First Equity instead of Hayes. ", "Defendant, however, argues that Moransais and First Equity are both distinguishable. ", "The holding of Moransais specifically applied only to professionals, stating \"the economic loss rule does not bar a cause of action against a professional for his or her negligence even though the damages are purely economic in nature and the aggrieved party has entered into a contract with the professional's employer.\" ", "Moransais, 744 So.2d at 983-84 (emphasis added). ", "The Moransais court did engage in an inquiry to determine what sort of occupation would be defined as \"profession,\" and it concluded that a \"profession\" is \"any vocation requiring at a minimum a four-year college degree before licensing is possible in Florida.\" ", "Id. at 976 (citing § 95.11(4)(a), Fla. Stat. (", "1997) and Garden v. Frier, 602 So.2d 1273, 1275 (Fla.1992)). ", "Because a securities broker is not required to obtain a four year degree for licensing in Florida, defendant argues that the Moransais holding does not apply in this case.", "\n*1303 The plaintiffs in Moransais sued a professional engineering corporation for breach of contract for failing to discover defects in the home the corporation inspected. ", "The plaintiffs also sued the two engineers that performed the inspection for professional negligence. ", "The Medalies, however, are not suing the defendant for professional negligence, so the holding of Moransais is not directly applicable to their case. ", "However, the Moransais court did make two significant statements in dicta to guide the lower courts in future cases involving the economic loss rule. ", "First, the court directly stated that professional negligence is not the only cause of action that can be maintained despite the economic loss rule — other well-established causes of action in tort also survive. ", "See id. at 983 (\"Today, we again emphasize that by recognizing that the economic loss rule may have some genuine, but limited, value in our damages law, we never intended to bar well-established common law causes of action, such as those for neglect in providing professional services.... The rule, in any case, should not be invoked to bar well-established causes of action in tort, such as professional malpractice.\"). ", "The court also significantly narrowed the application of the economic loss rule to product liability-type cases. ", "See id. (\"[T]he rule was primarily intended to limit actions in the product liability context, and its application should generally be limited to those contexts or situations where the policy considerations are substantially identical to those underlying the product liability-type analysis.\").", "\nThe real problem, which none of the parties address, is the fact that the Supreme Court of Florida did not overturn its decision in AFM. ", "After briefly discussing the factual background and holding of the AFM case, the Florida Supreme Court stated, \"While we continue to believe the outcome of that case [AFM] is sound, we may have been unnecessarily over-expansive in our reliance on the economic loss rule as opposed to fundamental contractual principles.", "\"[5]Id. ", "at 980-81. ", "AFM was heard by the Florida Supreme Court on certification of questions regarding the economic loss rule from the Eleventh Circuit in AFM Corp. v. Southern Bell Tel. ", "and Tel. ", "Co., 796 F.2d 1467 (11th Cir.1986). ", "The Supreme Court of Florida restated the Eleventh Circuit's questions as: \"Does Florida permit a purchaser of services to recover economic losses in tort without a claim for personal injury or property damage?\" ", "AFM, 515 So.2d at 180. ", "The court answered the question in the negative, consistent with its decision in Florida Power & Light Co. v. Westinghouse Electric Corp., 510 So.2d 899 (Fla.1987). ", "See id. The problem therefore is that in holding that a claim for breach of fiduciary duty is barred by Florida's economic loss rule, the Eleventh Circuit relied on AFM, holding that \"If Florida courts dismiss fraud claims between parties to a contract under AFM, it is probable that the Florida courts would also dismiss fiduciary duty claims.\" ", "Hayes, 920 F.2d at 776. ", "The court reasoned that because a fraud claim, which in no way depends on the existence of a contract, is more likely to constitute a separate and independent tort under Florida law than a fiduciary duty claim, which does require existence of a contract, if the fraud claim is barred than the fiduciary duty claim is certainly barred. ", "See id. at 777.", "\nTherefore, because the Florida Supreme Court did not overrule AFM and the holding of Hayes was specifically based on the Florida Supreme Court's answer in AFM, then it is not clear whether Hayes has truly been overruled. ", "First Equity does clearly state that Hayes is no longer good law and that in light of Moransais, claims for breaches of fiduciary duty between security *1304 brokers and clients are not barred by the economic loss rule. ", "As a per curiam opinion, however, First Equity contains no analysis other than a brief citation and quote from Moransais. ", "Additionally, First Equity is in conflict with another post-Moransais case which advocated a narrower approach to the decision. ", "Monroe v. Sarasota County School Board, 746 So.2d 530, 538 (Fla. 2d DCA 1999) (\"We do not believe, however, that Moransais should be read to allow recovery for purely intangible economic losses through negligence in a wider array of cases that do not present the same conflicting issues found in construction law.\").", "\nIn light of this conflict, the court cannot hold that a claim for breach of fiduciary duty is not barred by the economic loss rule in light of Moransais. ", "The continued vitality of AFM calls into doubt exactly how expansive a ruling Moransais intended to be. ", "This question appears to be becoming an issue among the Courts of Appeal in Florida as evidenced by the broader Third District Court of Appeal decision in First Equity and the narrower Second District Court of Appeal in Monroe. ", "Because the Moransais decision is still too new, not specifically on point, and apparently subject to conflicting interpretations in the lower courts in the state, the court declines to depart from the established Eleventh Circuit precedent in Hayes and holds that the economic loss rule bars plaintiffs' breach of fiduciary duty claims.[6]\nIt this court were permitted, it would certify the question of whether the economic loss rule continues to operate as a bar to breach of fiduciary duty claims after Moransais to the Supreme Court of Florida; however, the Florida Constitution does not permit certification from a district court. ", "Fla. Const. ", "Art. ", "5, § 3(b)(6); Fla.R.App.", "P.Rule 9.150(a). ", "Therefore, in light of the lack of clarity in the state law, the court believes this issue is one appropriate for interlocutory review from the Eleventh Circuit Court of Appeals under 28 U.S.C. § 1292(b). ", "The court is of the opinion that this order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of this litigation. ", "See id. The issues involved in this case are certain to recur, and it would prevent inconsistent decisions if these issues are conclusively resolved. ", "If the parties choose to pursue interlocutory review and the Eleventh Circuit accepts their application for review, the Eleventh Circuit would have the ability to certify the question to the Supreme Court of Florida. ", "Fla. Const. ", "Art. ", "5, § 3(b)(6); Fla.R.App.", "P.Rule 9.150(a). ", "The parties are reminded that in order to invoke the discretionary review by the Eleventh Circuit of this order, the parties must *1305 apply for review within ten days of this order. § ", "1292(b).", "\n\nC. Fraud in the Inducement\n\n1. ", "Economic Loss Rule\nDefendant moves to dismiss count III of plaintiffs' complaint, arguing that the fraud in the inducement claim is barred by the economic loss rule. ", "In HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1238, 1240 (Fla.1996), the Supreme Court of Florida recognized that fraud in the inducement can be an independent tort not barred by the economic loss rule. ", "The court noted that\n[f]raud in the inducement presents a special situation where parties to a contract appear to negotiate freely — which normally would constitute grounds for invoking the economic loss doctrine — but where in fact the ability of one party to negotiate fair terms and make an informed decision is undermined by the other party's fraudulent behavior....\nThe distinction between fraud in the inducement and other kinds of fraud is the same as the distinction drawn by a New Jersey federal district court between fraud extraneous to the contract and fraud interwoven with the breach of contract. ", "With respect to the latter kind of fraud, the misrepresentations relate to the breaching party's performance of the contract and do not give rise to an independent cause of action in tort.", "\nId. (citing Huron Tool & Engineering Co. v. Precision Consulting Services, 209 Mich.App. ", "365, 532 N.W.2d 541, 545 (1995)). ", "The court in Hotels of Key Largo, Inc. v. RHI Hotels, Inc., 694 So.2d 74, 77 (Fla. 3d DCA 1997) added that one cannot avoid the economic loss rule by merely labeling a claim as fraud in the inducement, the fraud must be separate and distinct from the breaching party's performance of the contract.", "\nIn this case, plaintiff's fraud in the inducement claims are sufficient to survive the economic loss rule. ", "Plaintiff alleges that prior to the purchase of the securities in question, defendant made material representations on which the plaintiffs relied to induce them to purchase the securities. ", "See Amend. ", "Complaint at ¶¶ 37-39. ", "Included among the misrepresentations was the amount of risk and return involved with the securities. ", "See id. at ¶ 19. ", "These are the types of allegations that fall under the justification for the fraudulent inducement exception to the economic loss rule described in Hotels. ", "The ability of the plaintiffs to negotiate fair terms and make an informed decision has been undermined by the defendant's fraudulent behavior. ", "For example, had the plaintiffs been told the true risks involved in the investments, they could have protected themselves by investing less money or by contracting for a guaranteed return from the defendant.", "\nDefendant is correct in arguing that some of the material misrepresentations that form the basis of plaintiffs' fraud in the inducement claim are the same allegations that form the basis of the breach of contract claim. ", "It appears, however, that the allegation at ¶ 19(e) which states in part that \"the limited partnerships were long term investments and would generate dividends and thereafter would be sold, with the principal intact and at a profit, such that the rate of return would be substantially above that of Certificates of Deposit and money market funds,\" was not a part of their contract. ", "Count IV makes no allegation that the defendant breached a contractual obligation to provide a rate of return higher than money market funds or CD's. ", "Because plaintiffs' fraudulent inducement claim survives the economic loss rule based on ¶ 19(e), it is not necessary for the court to decide exactly which of plaintiff's allegations for fraud in the inducement mirror allegations that form the basis of the contract. ", "To the extent that defendant induced plaintiff into signing a contract based on the promise of dividends and a high rate of return, plaintiffs' fraud in the inducement claim can be maintained. ", "This allegation meets the Hotels test because it appears that even if defendant had met all the contractual obligations alleged by the plaintiffs including, adequate investigation, *1306 due diligence, meeting reporting requirements, complying with all rules and regulations, and correctly assessing risk tolerance, the plaintiffs would still appear to have a fraud in the inducement claim if their rate of return was not as promised. ", "Accordingly, plaintiffs' fraud in the inducement claim survives the economic loss rule defense and defendant's motion to dismiss count III under the economic loss rule is denied.", "\n\n2. ", "Federal Rule of Civil Procedure 9(b)\nRule 9(b) of the Federal Rules of Civil Procedure provides that: \"[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.\" ", "Fed. ", "R.Civ.", "P. 9(b). ", "This rule \"serves an important purpose in fraud actions by alerting defendants to the `precise misconduct with which they are charged' and protecting defendants `against spurious charges of immoral and fraudulent behavior.'\" ", "Durham v. Business Management Associates, 847 F.2d 1505, 1511 (11th Cir.1988) (quoting Seville Indus. ", "Machinery Corp. v. Southmost Machinery Corp., 742 F.2d 786, 791 (3d Cir.1984), cert. ", "denied, 469 U.S. 1211, 105 S.Ct. ", "1179, 84 L.Ed.2d 327 (1985)). ", "Further, \"Rule 9(b) must be read in conjunction with Rule 8(a) [of the Federal Rules of Civil Procedure], which requires a plaintiff to plead only a short, plain statement of the grounds upon which he is entitled to relief.\" ", "O'Brien v. National Property Analysts Partners, 719 F.Supp. ", "222, 225 (S.D.N.Y.1989) (citing Ross v. A.H. Robins Co., 607 F.2d 545, 557 n. 20 (2d Cir.1979), cert. ", "denied, 446 U.S. 946, 100 S.Ct. ", "2175, 64 L.Ed.2d 802 (1980)). ", "See also Durham, 847 F.2d at 1511 (\"The application of [Rule 9(b)] must not abrogate the concept of notice pleading.\"); ", "Berk v. Ascott Investment Corp., 759 F.Supp. ", "245, 254 (E.D.Pa.1991). ", "Rule 9(b) may be satisfied if the complaint sets forth:\n(1) precisely what statements were made in what documents or oral representations or what omissions were made, and\n(2) the time and place of each such statement and the person responsible for making (or, in the case of omissions, not making) same, and\n(3) the content of such statements and the manner in which they misled the plaintiff, and\n(4) what the defendants \"obtained as a consequence of the fraud.\"", "\nFitch v. Radnor Industries, Ltd., No. ", "90-2084, 1990 WL 150110, at *2 (E.D.Pa. ", "Sept.27, 1990); see also Durham v. Business Management Assoc., ", "847 F.2d 1505, 1512 (11th Cir.1988) (\"Allegations of date, time, or place satisfy the Rule 9(b) requirement that circumstances of the alleged fraud must be plead with particularity ...\"); Leonard v. Stuart-James Co., 742 F.Supp. ", "653, 659 (N.D.Ga.1990) (Motion to dismiss granted where complaint failed to allege \"specifically when, where, by whom, or specifically what the representation was.\").", "\nWhen pleading fraud, the plaintiff generally should specifically identify the individuals who made the alleged misrepresentations, the time of the alleged fraud, and the place of the alleged fraud. ", "See Anthony Distributors, Inc. v. Miller Brewing Co., 904 F.Supp. ", "1363, 1365 (M.D.Fla. ", "1995). ", "The plaintiff should also quote or paraphrase the alleged fraudulent misrepresentations made by the defendant. ", "See Metrahealth Insurance Co. v. Anclote Psychiatric Hospital, Ltd., No. ", "96-2547-CIV-T-17C, 1997 WL 728084, at * 2 (M.D.Fla. ", "Oct.23, 1997). ", "However, \"alternative means are also available to satisfy the rule.\" ", "Durham, 847 F.2d at 1512 (citing Seville Indus., ", "742 F.2d at 791 (list containing allegations of fraud describing nature and subject of statements found to be sufficient, even where precise words used were not alleged)). ", "Nevertheless, courts recognize that if the alleged fraud occurred over an extended period of time and the acts were numerous, the specificity requirements are less stringently applied. *", "1307 See Anthony Distributors, Inc., 904 F.Supp. ", "at 1366. ", "This relaxed requirement is applied where \"strict application of Rule 9(b) could result in substantial unfairness to private litigants who could not possibly have detailed knowledge of all the circumstances surrounding the alleged fraud.\" ", "NCR Credit, 155 F.R.D. at 692. ", "This does not negate the plaintiff's duty to adequately plead the contents of the alleged fraudulent representations and the places where the activity was to have occurred. ", "See Anthony Distributors, Inc., 904 F.Supp. ", "at 1366. ", "The court reviews the defendant's' motion against these standards.", "\nPlaintiffs' allegations of fraud are contained in paragraph 19 of their amended complaint. ", "In paragraph 20, plaintiffs identify the seven transactions that are the subject of the lawsuit. ", "Plaintiffs provide the name of the investment purchased, the date it was purchased, and the amount of money they paid for it. ", "Plaintiffs also identified George Bliss as the agent of FSC that made the alleged fraudulent misrepresentations to the plaintiffs. ", "See Amend. ", "Complaint at ¶¶ 12, 19. ", "Plaintiffs state the time frame in which Bliss contacted the plaintiffs to solicit their business —from late 1984 until February 1985. ", "See id. at ¶ 12. ", "Plaintiff identified the place where Bliss contacted them—first in the faculty lounge at a school in the Watkins, N.Y. school system and then at the plaintiffs' home. ", "See id. at ¶ 13-14. ", "Plaintiffs both quote and paraphrase the material representations Bliss made to them at school and at their home. ", "See id. at ¶ 19. ", "The court concludes that the plaintiffs have given defendant sufficient information to satisfy the heightened pleading requirement of Rule 9(b). ", "Plaintiffs have given the defendant the \"who, what, where, and when\" of the alleged fraud that took place. ", "While plaintiffs do not give the exact dates of the meetings, they do provide a sufficiently narrow time frame from which defendant could be on notice as to when the meetings took place. ", "Plaintiffs allege they did not discover the fraud until 1996—more than 10 years after their meetings with Bliss. ", "To require them to list the precise date of their meetings with Bliss would impose a heavy burden not required by Rule 9(b) and Rule 8(a). ", "Plaintiffs cannot be expected to specify the exact time and particular place of each factual omission and misrepresentation. ", "See, e.g., Onesti v. Thomson McKinnon Sec., ", "Inc., 619 F.Supp. ", "1262, 1265 (N.D.Ill.1985) (\"Plaintiffs cannot be expected to specify the exact time and particular place of each factual omission and misrepresentation. ", "The complaint adequately specifies the transactions and the approximate time frame, the contents of the alleged misrepresentations and the essence of omitted information, and the identities of those involved.\"). ", "Accordingly, defendant's motion to dismiss plaintiffs' fraud in the inducement claim for failure to comply with Rule 9(b) is denied.", "\n\nIV. ", "Count IV—Breach of Contract\nDefendant moves to dismiss plaintiffs' breach of contract claim, or in the alternative, moves for a more definite statement under Rule 12(e). ", "It appears that plaintiffs have stated a claim for breach of contract, at the very least, by stating that they entered into an oral contract to receive reports about their investments and defendant failed to provide those reports. ", "See Amend. ", "Complaint at ¶¶ 21, 43, 45. ", "The court agrees with defendant, however, that a more definite statement would be appropriate. ", "In count IV, plaintiffs incorporate by reference paragraphs 1 through 25 of their complaint. ", "Of those paragraphs, paragraph 19 is the only one that appears to lay out contractual terms. ", "The problem is that if paragraph 19 contains the terms of the contract that were entered into between plaintiffs and defendant, then plaintiffs' fraud in the inducement claim would need to be dismissed. ", "As it is, ¶¶ 19(b) and 19(f) clearly appear to be mirrored in ¶¶ 43 and 45, and to the extent plaintiffs believe that those paragraphs form the basis of a fraud in the inducement claim, they do not because they are interwoven with the performance *1308 of the contract. ", "Therefore, the court will require plaintiffs to clearly set forth the terms of the \"oral agreement with FSC for the provision of investment advise [sic] and broker-dealer services\" and the terms of the \"due diligence, management and reporting thereto.\" ", "The plaintiffs will state the parties to which each contract applies, clarify whether more than one contract was formed, state the terms of the contract that were breached, and state which securities laws or rules were breach. ", "Plaintiff may only amend Count IV of the complaint to provide a more definite statement. ", "Should it become apparent that plaintiffs' contract claims are composed of the same terms as plaintiffs' fraud in the inducement claims, the court would be willing to entertain a renewed motion to dismiss plaintiffs' fraud in the inducement claim.", "\nWHEREFORE, IT IS ORDERED THAT:\n1) Defendant's motion to dismiss Count I and Count II of plaintiff's complaint (DE # 16-1) is GRANTED;\n2) Defendant's motion to dismiss Count III of plaintiffs' complaint (DE # 16-1) is DENIED;\n3) Defendant's motion for a more definite statement on Count IV (DE # 16-2) is GRANTED. ", "Plaintiff is ordered to submit a more definite statement to the court within 10 days of this order.", "\n4) Plaintiff's motion for oral argument (DE # 28) is DENIED; and\n5) Defendant's motion to extend time to file joint scheduling report (DE # 11) is now MOOT.", "\nNOTES\n[1] Other than the consent to jurisdiction in Miami-Dade County by the defendant, this case seems to have little connection to the State of Florida or Miami-Dade County. ", "The parties have, however, apparently agreed that Florida law shall govern this case. ", "Because the parties did not raise a conflict of laws issue in the their motions and argued their motions based only on Florida law, the law of the forum will govern, absent any facts justifying the application of some other state's law. ", "Cavic v. Grand Bahama Development Co., 701 F.2d 879, 882 (11th Cir.1983) (\"Because the parties did not raise any conflict of laws issue in the district court and do not raise it on appeal, under applicable conflict of laws principles the law of the forum ([Florida]) would govern the substantive issues due to the absence of facts justifying the application of the law of some other jurisdiction.\"); ", "see also American Fuel Corporation v. Utah Energy Development Co., 122 F.3d 130, 134 (2d Cir. ", "1997) (\"[W]here the parties have agreed to the application of the forum law, their consent concludes the choice of law inquiry.\"). ", "Because the parties have acquiesced to application of Florida law in this case, the parties may not later argue that another jurisdiction's law should apply. ", "See Pulte Home Corp. v. Osmose Wood Preserving, Inc., 60 F.3d 734, 739 n. 15 (11th Cir.1995).", "\n[2] Plaintiffs' cited authorities are inapposite because they do not specifically address the bifurcated limitations period and absolute bar contained in § 95.11(4)(e).", "\n[3] Because the court is dismissing Count I based on the statute of limitations defense, the court need not address defendant's alternative grounds for dismissal.", "\n[4] Florida has been specifically criticized for using the economic loss rule to bar breach of fiduciary duty claims. ", "See, e.g., Amanda K. Esquibel, The Economic Loss Rule and Fiduciary Duty Claims: Nothing Stricter than the Morals of the Marketplace?, ", "42 Vill.", "L.Rev. ", "789, 802-821 (1997).", "\n[5] Justice Wells concurred to specifically state that the Florida Supreme Court should have receded from the AFM decision \"because that opinion erroneously applies the economic loss rule and has given rise to confusion as to the rule's applicability.\" ", "Moransais, 744 So.2d at 984. ", "Justice Wells argues that the economic loss rule \"should be limited to cases involving a product which damages itself by reason of a defect in the product.\" ", "Id.\n[6] If the court were not bound to follow Eleventh Circuit precedent, it would likely allow the breach of fiduciary duty claim to proceed without being barred by the economic loss rule. ", "First, it appears that the thrust of the Supreme Court of Florida's decision in Moransais is to narrow the types of situations in which the economic loss rule applies. ", "Second, valid public policy concerns weigh in favor of allowing breach of fiduciary duty claims to proceed even when the relationship of the parties was formed pursuant to a contract. ", "Consider, for example, the situation where a stockbroker contractually agrees to manage a client's portfolio. \"", "If such a stockbroker misrepresents certain investments, `churns' the investor's account to generate excessive commissions, or engages in acts of self-dealing, the stockbroker should face liability in contract, tort, or both. ", "Allowing the economic loss doctrine to bar tort actions in these situations encourages wrongful conduct because the wrongdoer faces only a minimal risk — the possibility of paying compensatory damages. ", "This application of the doctrine wrongly extends its protections to classes of individuals never intended to reap its benefits.\" ", "James G. Dodrill II, Interstate Securities Corp. v. Hayes Corp.: Should the Economic Loss Doctrine Apply to Actions Against Fiduciaries?, ", "47 U.Miami L.Rev. ", "1193, 1209 (1996) (citing Michael A. Hanzman, Interstate Securities Corporation v. Hayes Corporation: An Unprecedented and Improper Expansion of Florida's \"Economic Loss\" and \"Independent Tort\" Rules, Fla.B.J., Apr. 1992, at 44-45).", "\n" ]

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[ "1. ", "Field of the Invention\nThe present invention relates generally to containers for holding liquid or dry materials, and which are provided with an opening for removal of the material. ", "More specifically, it relates to a bag, in particular a stand-up bag, provided with a frangible piercing point where an extraction device, such as a drinking straw, can be inserted into the container for effecting removal of the contents.", "\n2. ", "Description of the Prior Art\nIn addition to bottles and tin cans, certain types of flexible containers, especially stand-up bags which can be filled with liquid, pasty or dry goods, have recently gained acceptance. ", "Such a stand-up bag is described, for example, in German Pat. ", "No. ", "1,281,140. ", "As opposed to tearing such bags open, cutting off their upper seal or one corner thereof, some of them are designed so that an extraction device, for example a drinking straw, can be pushed through the side wall thereof, the extraction device then being used to remove the contents of the bag.", "\nHowever, since these bags usually consist of laminates, especially laminates including metal foils, e.g., aluminum, the insertion of the straw often presents difficulties, because the straws are relatively thin and tend to break or fold, and thus can no longer be used. ", "On the other hand, if a drinking straw is pushed into the bag too hard, it may happen that both walls of the bag will be pierced, and that the contents will then leak out.", "\nBags of this type have been proposed that have an opening closed by a piece of an adhesive tape, or by a sealing strip on the outside wall of the bag. ", "However, there are disadvantages associated with this manner of closing the opening, particularly if the bag is constructed of laminates. ", "The contents of the bag in such an arrangement are in permanent contact with the different layers of the laminate, which may be foil, at the opening where the bag is to be pierced. ", "Thus, the adhesive binding the layers of the laminate can be attacked by the contents, or, in the case of composite foils having metal layers, these are affected. ", "This may lead to delamination and thus destruction of the bag. ", "Furthermore, the contents may be contaminated by the attack upon the adhesive binding the laminates, or on the metal foil.", "\nThere is thus need for a new bag construction, one that avoids the difficulties associated with known bags of the present type." ]

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[ "Q:\n\nWSO2 IS: Difference between application-authenticator and carbon-authenticator\n\nWhen walking through the code of WSO2 identity server 5.x, I can find a samlsso authenticator in application-authenticator and another one in carbon-authenticator. ", " Same is true for IWA.", "\nWhat is the difference between these? ", "Which one is used when? ", "Or is one of them obsolete?", "\n\nA:\n\nApplication Authenticators are used to authenticate users to the external apps (service providers) using WSO2 products.", "\nCarbon authenticators are used to authenticate users to the admin console of that particular server.", "\n\n" ]

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[ "June 22, 2010\n\nExpectations of Privacy, Revisited\n\nIn City of Ontario v. Quon, the U.S. Supreme Court concluded that, in the particular circumstances of the case, a government employer had a right “to read text messages sent and received on a pager the employer owned and issued to an employee.” ", "Deciding the case in carefully narrow fashion, Justice Anthony Kennedy’s opinion for the Court assumed that the police officer, Jeff Quon, had a reasonable expectation of privacy in his text messages and concluded that the search of those messages was reasonable, because it was conducted for a legitimate, work-related purpose.", "\n\nBefore reaching this conclusion, Kennedy spends some time toying with the question whether Quon had a reasonable expectation of privacy sufficient to trigger Fourth Amendment protections. ", "The Court assumes, for the purposes of this case, that he did, rather than resolving the issue because, as Kennedy puts it, “[t]he Court must proceed with care when considering the whole concept of privacy expectations in communications owned by a government employer. ", "The judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear.”", "\n\nWhen it decided Katz v. United States in 1967, the Court had no such reluctance. ", "In that case, the Court determined that individuals have a reasonable expectation of privacy in a telephone booth. ", "Kennedy suggests that “[i]t is not so clear that courts at present are on so sure a ground,” thus suggesting that, unlike text messaging, the technological issues in Katz could be viewed as within the realm of judicial competence to evaluate. ", "Kennedy goes on to observe that what society regards as private is changing, and that “employer policies concerning communications will of course shape the reasonable expectations of their employees, especially to the extent that such policies are clearly communicated.”", "\n\nThe problem here is that technology has obscured the central issue regarding the privacy the framers designed the Fourth Amendment to protect. ", "One does not have to have an engineering degree to see why Katz had a reasonable expectation of privacy in a phone booth: because the whole point of entering a phone booth and shutting the door was to create a private space in which to have a conversation. ", "Whether Katz’s side of that conversation was actually private was essentially irrelevant; obviously, someone could have read his lips through the glass or perhaps been standing close enough to hear his part of the conversation. ", "Those possibilities did not matter because the conception of reasonable privacy embraced in Katz was normative—the Court assumed some retreat from the world should be sanctioned, even if it could not be perfected; otherwise, we could reach a point at which technology makes nearly every expectation of privacy unreasonable.", "\n\nFor its part, the Quon Court is suggesting that privacy should be judged by such measures as societal standards and employer guidelines. ", "This means that, even if no one save Quon and the person with whom he was texting could see the content of their communications, still there might be no privacy if an employer declared that employees, on employer-owned equipment, had no expectation of privacy. ", "This understanding of privacy, unlike that adopted in Katz, is descriptive: it is defined by what content a person can actually keep from prying eyes, rather than by what a court should regard as necessarily private. ", "Consider that, as in the cases involving information revealed to a bank or a doctor, a court could conclude that, simply because the provider of the text messaging service has access to the content of the user’s texts, there can be no reasonable expectation of privacy.", "\n\nBecause perfect privacy is not possible, this kind of thinking will ultimately forestall arguments about expectations of privacy in respect to new modes of communication. ", "So let’s read Quon in a more positive light. ", "Perhaps the Court’s fussing about the various possibilities for a reasonable expectation of privacy in text messaging and like communications services signals that arguments for the normative conception of privacy articulated in Katz will have some weight in litigation about the privacy of communicative modes that would not exist without third-party intermediaries." ]

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[ "‘Rise Of The Tomb Raider’ Sales Tank But Dev Team Is ‘Very Happy’\n\n'Rise of the Tomb Raider' faced tough competition when it launched as an Xbox exclusive on the same day as 'Fallout 4.' ", "However, Microsoft and Square Enix as well as Crystal Dynamics and Eidos Montreal are 'very happy,' according to director Brian Horton.", "\n( Square Enix )\n\nAdvertisement\n\nWhen Rise of the Tomb Raider was launched, the title didn't meet the expected sales figure, which implied a disheartened publisher and development team. ", "However, Brian Horton, game director at Crystal Dynamics, says otherwise, noting that both Microsoft and Square Enix are \"very happy\" along with the rest of the team at Crystal Dynamics and Eidos Montreal.", "\n\nThe latest Tomb Raider installment sold about 330,000 in its first week. ", "Some say that the game's poor sales can be attributed to its Xbox exclusivity, whereas some blame its launch date, as the title went official at the same time as Fallout 4.", "\n\nFar from being in low morale because of the numbers, Horton's reaction suggests that sales aren't the most important thing in making a successful game.", "\n\n\"Microsoft and Square are very happy with Rise and the dev team, thanks for the concerns. ", "Crystal and Eidos Montreal made a game we are proud of and we appreciate the overwheling [sic] number of positive reviews and fan feedback,\" Horton replies to concerned fans on an unofficial Tomb Raider forum.", "\n\nHe then continues that the team is looking forward to the Game Awards 2015, where Rise of the Tomb Raider was nominated for Best Action/Adventure game. ", "Actress Camilla Luddington also earned a nomination for Best Performance.", "\n\nHorton adds that they don't assess the game's success based on sales count, saying that they are not responsible for that segment. ", "Instead, the devs look at the reviews and release time to determine their performance, both of which Rise of the Tomb Raider accomplished swimmingly.", "\n\nAccording to the game director's criteria, Rise of the Tomb Raider is a huge success, as it has been receiving plenty of positive reviews.", "\n\nThe title initially launched on the Xbox 360 and Xbox One a few weeks ago, and it will arrive on the PlayStation 4 some time in the fourth quarter of 2016 and on the PC by early 2016." ]

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[ "697 F.2d 287\nBakerv.", "McCall\n82-2039\nUNITED STATES COURT OF APPEALS Second Circuit\n6/16/82\nS.D.N.Y., 543 F.Supp. ", "498\nAFFIRMED\n" ]

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[ "Q:\n\nRescue given anonymous module instead of exception class\n\nWe can put a class or module after a rescue statement, but in the code below, I see a method following rescue, which does not fit into this pattern. ", "How is it working and how is it producing the output it has been designed to show?", "\ndef errors_with_message(pattern)\n # Generate an anonymous \"matcher module\" with a custom threequals\n m = Module.new\n (class << m; self; end).instance_eval do\n define_method(:===) do |e|\n pattern === e.message\n end\n end\n m\nend\nputs \"About to raise\"\nbegin\n raise \"Timeout while reading from socket\"\nrescue errors_with_message(/socket/)\n puts \"Ignoring socket error\"\nend\nputs \"Continuing...\"\n\nOutput\nAbout to raise\nIgnoring socket error\nContinuing...\n\nA:\n\nRescue requires a class or a module, true. ", "So, that method creates an anonymous module with special behaviour. ", "You see, when rescue searches for a handler, it applies === operator to exception classes/modules you provided, passing as an argument the actual exception.", "\nbegin\n # do something\nrescue MyCustomError\n # process your error\nrescue StandardError\n # process standard error\nend\n\nSo, if StandardError (or one of its descendants) was raised, the first handler will be skipped and second handler will be matched.", "\nNow, the module from errors_with_message is special. ", "It redefines threequals operator to match on exception message. ", "So, if an error was raised and its message contains word \"socket\", this handler will match. ", "Cool trick, huh?", "\n\n" ]

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[ "Alfred John North\n\nAlfred John North (11 June 1855 – 6 May 1917) was an Australian ornithologist.", "\n\nNorth was born in Melbourne and was educated at Melbourne Grammar School. ", "He was appointed to the Australian Museum, Sydney in 1886 and was given a permanent position there five years later.", "\nHe wrote a List of the Insectivorous Birds of New South Wales (1897) and a Descriptive Catalogue of the Nests and Eggs of Birds Found Breeding in Australia and Tasmania (1889) with George Barnard as co-author. ", "He described a number of birds for the first time, many in the Victorian Naturalist, the magazine of the Field Naturalists Club of Victoria of which he was a founding member.", "\n\nReferences\nNorth, Alfred John (1855 - 1917) at Bright Sparcs, University of Melbourne\n\nCategory:1855 births\nCategory:1917 deaths\nCategory:People educated at Melbourne Grammar School\nCategory:Australian ornithologists\nCategory:Australian curators" ]

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[ "You are here\n\nHome » Bulldogs track and field compete in Laurel, Colstrip and Glendive\n\nBulldogs track and field compete in Laurel, Colstrip and Glendive\n\nBy Jim Eshleman / Big Horn County News\n\nIt was a busy week for Bulldog track and field, starting with a JV meet in Laurel on Tuesday, a varsity meet in Colstrip on Thursday and Glendive Saturday for the Elks Invitational.", "\n\nIn Colstrip last Thursday, both the boys’ and girls’ teams took second place overall with four Bulldogs taking first place: Sydney Little Light in the 3,200, Ezekiel Coyote Runs in the 1,600, Trajan Hill in the 3,200 and Malik Touré in the 300-meter hurdles.", "\n\nThe boys’ 1,600-meter relay team also placed first. ", "The team consisted of Hunter Bear Cloud, Paul Little Light, Coyote Runs and Touré.", "\n\nForty-four athletes ran, jumped or threw for their best personal marks in Colstrip.", "\n\nOn Saturday, the Bulldogs traveled to Glendive for the Elks Invite.", "\n\nIn Glendive, both teams placed sixth overall with Hill taking the top spot in the 800-meter race. ", "Coyote Runs placed second in the same race.", "\n\nLibby Nedens took second place in both the 1,600 and 3,200-meter runs. ", "Madison Harmer placed third in the 3,200.", "\n\nMarie Five took third in the shot put and the boys’ 1,600 relay team placed third behind the running of Bear Cloud, Little Light, Hill and Coyote Runs.", "\n\nThere were 18 athletes who set personal records.", "\n\nAt the JV event in Laurel on Tuesday, three athletes placed first overall: Bear Cloud in the 200-meter, Ronald Anderson in the 100-meter hurdles and Harmer won the 3,200-meter run. ", "Bear Cloud also took third in the 100-meter and Anderson placed second in the 300-meter hurdles.", "\n\nThe girls’ 1,600 meter relay team placed first. ", "Running in the relay were Harmer, Marion Hugs, Khylah Two Leggins and Hannah Mark.", "\n\nSaturday, the varsity team will travel to Miles City for their invite." ]

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[ "package mocktracer\n\nimport (\n\t\"fmt\"\n\t\"reflect\"\n\t\"time\"\n\n\t\"github.com/opentracing/opentracing-go/log\"\n)\n\n// MockLogRecord represents data logged to a Span via Span.", "LogFields or\n// Span.", "LogKV.", "\ntype MockLogRecord struct {\n\tTimestamp time.", "Time\n\tFields []MockKeyValue\n}\n\n// MockKeyValue represents a single key:value pair.", "\ntype MockKeyValue struct {\n\tKey string\n\n\t// All MockLogRecord values are coerced to strings via fmt.", "Sprint(), though\n\t// we retain their type separately.", "\n\tValueKind reflect.", "Kind\n\tValueString string\n}\n\n// EmitString belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitString(key, value string) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitBool belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitBool(key string, value bool) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitInt belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitInt(key string, value int) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitInt32 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitInt32(key string, value int32) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitInt64 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitInt64(key string, value int64) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitUint32 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitUint32(key string, value uint32) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitUint64 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitUint64(key string, value uint64) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitFloat32 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitFloat32(key string, value float32) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitFloat64 belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitFloat64(key string, value float64) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitObject belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitObject(key string, value interface{}) {\n\tm.Key = key\n\tm.ValueKind = reflect.", "TypeOf(value).Kind()\n\tm.ValueString = fmt.", "Sprint(value)\n}\n\n// EmitLazyLogger belongs to the log.", "Encoder interface\nfunc (m *MockKeyValue) EmitLazyLogger(value log.", "LazyLogger) {\n\tvar meta MockKeyValue\n\tvalue(&meta)\n\tm.Key = meta.", "Key\n\tm.ValueKind = meta.", "ValueKind\n\tm.ValueString = meta.", "ValueString\n}\n" ]

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[ "Short-term effects of TiO2, CeO2, and ZnO nanoparticles on metabolic activities and gene expression of Nitrosomonas europaea.", "\nNanosized TiO2 (n-TiO2), CeO2 (n-CeO2), and ZnO (n-ZnO) and bulk ZnO were chosen for a 4-h exposure study on a model ammonia oxidizing bacterium, Nitrosomonas europaea. ", "n-ZnO displayed the most serious cytotoxicity while n-TiO2 was the least toxic one. ", "The change of cell morphologies, the retardance of specific oxygen uptake rates and ammonia oxidation rates, and the depression of amoA gene expressions under NP stresses were generally observed when the cell densities and membrane integrities were not significantly impaired yet. ", "The TEM imaging and the synchrotron X-ray fluorescence microscopy of the NPs impacted cells revealed the increase of the corresponding intracellular Ti, Ce or Zn contents and suggested the intracellular NP accumulation. ", "The elevation of intracellular S contents accompanied with higher K contents implied the possible activation of thiol-containing glutathione and thioredoxin production for NP stress alleviation. ", "The NP cytotoxicity was not always a function of NP concentration. ", "The 200 mg L(-1) n-TiO2 or n-CeO2 impacted cells displayed the similar ammonia oxidation activities but higher amoA gene expression levels than the 20 mg L(-1) NPs impacted ones. ", "Such phenomenon further indicated the possible establishment of an anti-toxicity mechanism in N. europaea at the genetic level to redeem the weakened AMO activities along with the NP aggregation effects." ]

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[ "Allseasons in Fowey, Cornwall\n\nAllseasons description\n\nSet within the conservation area of the historic port of Fowey (the home of Daphne du Maurier), this contemporary airy property has patio doors leading out to its own small south facing garden within larger shared grounds. ", "A comfortable, warm holiday cottage, Allseasons is equally suitable for winter breaks and visiting the many winter attractions Cornwall has to offer. ", "A popular yachting centre, Fowey has a special blend of pubs, restaurants and shops, boat hire and a sailing school. ", "The beauty of the estuary may be appreciated by walking the famous Hall Walk, taking a boat trip or perhaps the ferry to Bodinnick, Polruan or Mevagissey. ", "Swimmers and children will enjoy Ready Money Cove, and ramblers the beautiful Cornish Coast Path and Saints Way. ", "Pub 400 yards.", "Ground floor: Living/dining room/kitchen with patio doors. ", "First floor: 2 bedrooms: 1 double, 1 twin. ", "Bathroom with shower over bath and toilet. ", "Gas CH, Elec, bed linen and towels inc. ", "TV. ", "DVD. ", "M/wave. ", "W/machine. ", "D/washer. ", "Freezer. ", "Small garden with patio and furniture. ", "Shared grounds. ", "On-site parking (1 car). ", "No smoking. ", "No children under 2 years.", "\n\nReviews\n\nBe the first one to tell us about your rental experience while staying at Allseasons. ", "Let us know if the listing matched your expectations. ", "You can share your comments about the location, property owner/manager and all the unique features that made your stay a memorable one." ]

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[ "Q:\n\nBuilt in colormaps in Matlab\n\nI want a lighter version of the \"cyan\" color, using the function colormap('cyan'). ", "How do you do this?", "\n\nA:\n\nCheck out the function BRIGHTEN:\nX = spiral(8);\nimage(X)\ncolormap(winter), colorbar\nbrighten(0.6)\n\nAnother trick is to right click on the colorbar and select Interactive Colormap Shift, this allows to shift the color-to-data mapping using mouse dragging.", "\n\n" ]

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[ "Justin working on musical project\n\nAccording to a recent blog post from progressive metal band Intronaut, apparently Dave contributed drums two two tracks on a musical project with Justin:\n\nDave contributed drums to a song or two in a project with JustinChancellor from Tool and a Polish guy named Peter. ", "I’m a little afraid to try and describe the music, but it rules and kind of sounds like African techno with Polish lyrics. ", "That’s actually not at all what it sounds like. ", "Forget I said anything. ", "It rules though! ", "We’ve also been talking with these two characters about collaborating on a new Intronaut song.", "\n\nSounds intriguing! ", "Anyone have any idea who this Polish guy could be?", "\n\nAnd here we were thinking that Justin’s done nothing but sit on his arse during the break. ", "Check out Intronaut’s music on their Myspace page.", "\n\n15 thoughts on “Justin working on musical project”\n\nJustin has been working on stuff in a project called “One White Onion” for awhile. ", "I think this might be something different from that, though. ", "He’s had a few other low-key projects over the past few years, it’s just that nobody in the Tool fan community ever hears about them.", "\n\nThe reason most people dont hear about his side projects is probably because he wants it that way. ", "He probably doesnt want a bunch of people just going to the show to see him and take attention off the the rest of his band, he also most likely doesnt want to hear TOOL shouted out between songs. ", "If he wanted his side projects made more public all he would have to do is talk to blair and he would be given the same treatment volto, puscifer and adams bartending gigs get on toolarmy.", "\n\nWhat if Justin just wants to make a name for himself and a low-key band without the ungodly network that Tool has at its disposal? ", "There’s nothing wrong with that.", "\n\nJustin, Adam, and to a certain degree, Danny all have the amazing gift of being world-class rockstars that can walk around cities, play unknown gigs, and eat dinner without being hounded by fans or the media. ", "This type of fame comes few and far between if you know what I mean…\n\npeter mohamad is one badass music superstar on the international scene especially in west and east europe and russia and africa . ", "he was the leader of a band called Sweet Noise that was the headlining act at polish woodstock in 2003 with drew over 3million people. ", "peter wrote all the music for sweet noise including the electronica samples used he is quite a brilliant musician and it is no surprise to me that Justin and Peter teamed up on a projecthttp://www.myspace.com/sweetnoisehttp://www.youtube.com/user/sweetnoise\n\nM.t.void sounds cool. ", "I like the vocals, and it has a really neat dark, surreal vibe.", "\nI definitely will keep an eye on their myspace.", "\nI believe Justin is extremely talented (as are all the Tool band members) and I’d like to hear more of whatever he sinks his teeth into." ]

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[ "Q:\n\nIs the set $\\{y\\in Y\\mid f^{-1}(y)\\subset H\\}$ closed?", "\n\nSuppose $f\\colon X\\to Y$ is a surjective morphism of projective varieties, $H\\subseteq X$ is a closed subset in $X$, does this hold: $\\{y\\in Y \\mid f^{-1}(y)\\subset H\\}$ is a closed subset of $Y$? ", "\n\nA:\n\nThis looks like it should be true, but it isn't. ", "Here's an example. ", "\nLet $Y=\\mathbf P^2$, let $X$ be the blowup of $\\mathbf P^2$ in a point $p$, and let $f: X \\rightarrow Y$ be the blowdown morphism.", "\nNow take $H$ to the proper transform on $X$ of a smooth curve $C$ through $p$. Then the set you are asking about will be exactly $C - \\{p\\}$.\n\n" ]

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[ "Design is of paramount importance when you are creating a news based website. ", "Your readers expect a website that is easy to navigate and a disturbance-free zone. ", "Having unnecessary over the top interface would drive them away. ", "This is why you have to be really careful while choosing the news WordPress themes for your website. ", "You wouldn’t want your website to drive away traffic due to poor designing.", "\n\nYou cannot look for a specific feature for your news theme as it differs with your site’s purpose. ", "However, you’ll unquestionably choose a theme that will be readable enough and has easy navigation. ", "Also, make sure the theme is search engine optimizable because readers want relevant and fresh news content. ", "You must have easy support for ads if you have plans to earn revenue from it. ", "To help you decide the right theme, we have compiled 10 best WordPress news themes.", "\n\nList Of Best News WordPress Themes\n\nLet us discuss the best news themes of WordPress.", "\n\nNewspaper\n\nThe Newspaper is a news and magazine based theme which takes the needs of a certain type of user into account. ", "The interface is really easy to use for inexperienced users but it also provides ample of professional-level options. ", "The theme is mobile optimized and therefore is fast and hassle-free prioritizing performance and functionality. ", "Additionally, the theme allows an abundance of content and high-resolution images and does not compromise with the loading time.", "\n\nThere are over 50 pre-built demos you can choose from. ", "Also, you can create your own layout. ", "You can do it either with two bundled page builder plugins – tagDiv Composer or Visual Composer – and the front end CSS editor. ", "You can create articles and author, category, or search pages using tagDiv Cloud Library. ", "Apart from all of these, there are news based widgets for weather, social media, exchange markets, and more. ", "You can also embed videos from the web. ", "The theme is so optimized that will it detect ads and make them immediately responsive.", "\n\nIf you want the theme, click below:\n\nDownload\n\nPenNews\n\nPenNews allows you to have visually striking articles on your homepage but at the same time, it remains minimalistic. ", "The WPBakery Page Builder plugin is already bundled with the theme. ", "It arranges your site elements with ease via a drag-and-drop interface. ", "Another bundled Covert Plug Plugin helps to grow and manage your email subscriber list.", "\n\nWhat sets this theme apart is the huge scope of layout customization. ", "There are more than 40 content block styles and a broad array of custom video playlist and gallery styles. ", "PenNews is great value for money, you should shortlist it for all the right reasons.", "\n\nDownload\n\nMH Magazine\n\nMH Magazine theme offers you an uncluttered design with flexible layout options. ", "This ultimately makes your website layout look clean and inviting. ", "There are more than 25 widget locations that help create flexible layouts, and prominent sections to display advertising. ", "For category-based content, there is a number of custom widgets. ", "With bundled FlexSlider 2 plugin, you can display all the prominent news stories.", "\n\nYou can match your website’s design with your branding with a custom logo uploader, an extensive color palette, and a wide selection of Google Fonts. ", "You can do more customization with the child theme files. ", "The theme is ideal for a clean and clear website layout. ", "If you wish to know its working then click the button below:\n\nDownload\n\nThe Issue\n\nIf you publish your content regularly then The Issue is flexible and extremely easy to use. ", "It has a wide range of demos and templates which will provide great momentum to your website. ", "For publishing and displaying news articles, the demo content is ideal. ", "If you want to change the way your content appears then there are various post format, gallery display, and review style options to pick from.", "\n\nThe Issue helps your site to integrate with social media. ", "With this theme, you can display the number of share counts of the article. ", "You can also include links to your social media handles which will provide an easier way for readers to share your content. ", "Want to try out The Issue? ", "Click below:\n\nDownload\n\nJannah\n\nJannah helps bring the best out of your website highlighting the journalistic effort and website’s visuals. ", "The theme also offers a wide variety of demo templates which includes a wide variety of niches. ", "If you want to further customize your layouts you can turn to the built-in-drag-and-drop page builder.", "\n\nJannah offers you an option to automatically remove duplicate content which otherwise would impact your SEO. ", "It also has desktop notification so that your loyal and regular readers will directly land on the news. ", "It has some really useful features in a stylish design. ", "If we want to avail the theme then here is the button:\n\nDownload\n\nHerald\n\nHerald is not fancy like other themes but it has an abundance of content on its page which is easily navigable. ", "But it also offers design customization. ", "The theme has models that enable more than 500 different layout combinations, as well as a customizable header. ", "You also get a related post to feature and an option to feature audio, video, images, and galleries.", "\n\nHerald has predefined locations for ads on home pages, archive pages, and posts. ", "It also ships with Theme translator which helps you create translations of all parts of your website in the Theme Options panel. ", "If you want to use the theme click the button below:\n\nDownload\n\nPrime News\n\nPrime News successfully capitalizes on your reader’s interest. ", "In the time when minimalism has taken a back seat, Prime News encompasses plenty of features without cluttering the screen. ", "Prime News has the traditional navigation option, ticker bars, ad space, image sliders, and much more but it doesn’t compromise the home page display. ", "The elements can be additionally customized with Live Customizer or theme Options Panel.", "\n\nYou might think it is one-dimensional seeing its initial appearance but it is not like that. ", "It doesn’t matter what type of news site you are building you can use this theme. ", "It will help you build an engaging, captivating, and engrossing final product. ", "If you want this theme for your news site then click the button below.", "\n\nDownload\n\nNewsTime\n\nNewsTime has flat designs that are catching popularity. ", "It has a combination of prominent photography and easy navigation which is rare. ", "Having said that, the theme does not compromise with the design of the individual article page. ", "It has parallax scrolling on a featured image and functional content/sidebar layout. ", "It has all the necessary features that a news site requires.", "\n\nIn the Theme Options Panel and drag-and-drop Homepage, you can customize the theme as you want. ", "It is one of the strongest contenders in the race yet it has a cheap price. ", "If you want to download NewsTime then click the button below.", "\n\nDownload\n\nGrand News\n\nGrand News offers you an array of design combinations and layouts keeping the unifying principle new and clean. ", "The pre-built demo layouts are one of the best features of the themes. ", "That includes General News, Technology News, Lifestyle and Magazine, Fashion News, Sports News, and Design Magazine, each being functional. ", "You can load these with a single click. ", "If you are new in the business this should be the first theme you should have.", "\n\nGrand News offers you a lot of customization options. ", "With the drag and drop content builder and a shortcode generator plugin, you can modify your website design in as many ways as possible. ", "Also, you can customize the site with the help of 500 Google fonts and a variety of gallery display options. ", "To buy this theme, click the button below.", "\n\nDownload\n\nGoodLife\n\nGoodLife is a clean and simple theme. ", "It offers you straightforward typography and minimal background textures that keep your content front and center. ", "GoodLife offers you Music and Game configuration and if you are publishing about either of it, it would be a good option.", "\n\nGoodLife offers every feature which any other theme offers. ", "It can be built-in locations for ads, a variety of display templates, and support for gallery and video posts. ", "With the Visual Composer and Essential Grid plugins, you can complete drag and drop control over your site’s design. ", "If you want to avail the theme, click below.", "\n\nDownload\n\nSo, these were some beautiful and best News WordPress themes for you. ", "We hope you’ll definitely make use of these themes for making your news website.", "\n\nimage source- Athemes" ]

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[ "The former Inter midfielder penned a new deal with Atletico last week.", "\n\nHowever, Italian sources say there is a clause in the contract allowing Simeone to walk away after two years without paying a penalty. ", "The option is in place allowing him to make his dream move to Inter Milan without delay." ]

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