Host – Mental X http://mentalx.org/ Fri, 14 Jan 2022 15:17:27 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://mentalx.org/wp-content/uploads/2021/05/default-150x150.png Host – Mental X http://mentalx.org/ 32 32 Can you waive your liability for reckless driving? The Supreme Court of Iowa finally says no | Husch Blackwell LLP https://mentalx.org/can-you-waive-your-liability-for-reckless-driving-the-supreme-court-of-iowa-finally-says-no-husch-blackwell-llp/ Fri, 14 Jan 2022 14:53:27 +0000 https://mentalx.org/can-you-waive-your-liability-for-reckless-driving-the-supreme-court-of-iowa-finally-says-no-husch-blackwell-llp/ Earlier this year, litigants tested the limits of liability exemptions under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined with the bulk of other jurisdictions in ruling that a contractual liability waiver is unenforceable “to the extent that it purports to eliminate the liability for willful, wanton or reckless conduct” alleged by […]]]>

Earlier this year, litigants tested the limits of liability exemptions under Iowa law. In a 6-1 decision, the Iowa Supreme Court joined with the bulk of other jurisdictions in ruling that a contractual liability waiver is unenforceable “to the extent that it purports to eliminate the liability for willful, wanton or reckless conduct” alleged by a plaintiff. Lukken v. Fleischer, 962 NW2d 71, 82 (Iowa 2021).

What happened

In 2016, Mr. Lukken was seriously injured on a zipline near Honey Creek, Iowa. Lukken “slammed” a pole, fracturing his neck after a zipline company employee failed to reset the zipline brake. Lukken signed a liability waiver before the zipline, but sued the owner of the zipline company anyway. Mr. Lukken also sued the original manufacturer of the zip line even though its braking system was not installed when Lukken was injured.

Both defendants filed motions for summary judgment in the district court. The district court entered summary judgment in favor of the zipline manufacturer, finding that it had not breached any duty owed to Lukken and had not caused injury to Lukken. The district court also entered summary judgment in favor of the zipline company, finding that Iowa courts “consistently” uphold disclaimers and that the disclaimer at issue contained language sufficiently “clear and unambiguous.” equivocal” to show that Lukken understood he was waiving “any and all claims of negligence,” including claims of gross negligence.

What the Court decided

The Iowa Supreme Court upheld summary judgment in favor of the zipline maker. Because its brake system was uninstalled, the defendant manufacturer owed no duty of care to Lukken, and Lukken’s theory of negligence failed against that defendant. Nor was the defendant manufacturer required to provide training or policies on the safe operation of the replacement brake system.

However, the Iowa Supreme Court overturned the summary judgment in favor of the zipline company and dismissed the suits. As the Iowa Supreme Court explained, in Iowa “there is no degree of care or neglect.” Iowa does not differentiate between “gross” negligence and “ordinary” negligence. Thus, the disclaimer has blocked all negligence claims against the zipline company – regardless of the degree of negligence.

But Lukken’s petition does not merely allege negligence and gross negligence. He also alleged deliberate, wanton and reckless conduct. Iowa courts recognize “separate grounds of tort liability based on these more culpable types of conduct.” After analyzing the Restatement of Torts and a series of cases outside of Iowa, the Iowa Supreme Court wrote that waivers of liability “purported to deny liability for wanton or recklessly violent acts generally public order”. Lukken’s waiver was therefore not enforceable insofar as it sought to nullify claims based on wanton or reckless behavior, and Lukken could sue the zipline business for such behavior on remand.

Lessons learned

Entities rely on blanket waivers at their own risk, regardless of jurisdiction. Iowa is just the most recent example of courts not allowing a defendant to escape potential liability on the basis of a waiver.

Entities should fully understand the applicable law before relying on an exemption from liability. These waivers are not uniform and the law may change from year to year as well as from jurisdiction to jurisdiction. See, for example, Murphy v. N. Am. River Runners, Inc., 412 SE2d 504, 510 (W. Va. 1991) (holding a general liability waiver applied to reckless misconduct or gross negligence”unless that intention is clear from the circumstances”) (emphasis added). Consideration of these waivers is also very factual and can be greatly influenced depending on the situation. See, for example, Miller as EM’s Next Friend vs. House of Boom Kentucky, LLC, 575 SW3d 656, 663 (Ky. 2019) (custodian parents cannot register a pre-injury liability waiver on behalf of their children).

Entities should carefully consider these – and other – complexities before resorting to liability exemptions. Careful analysis of applicable applicable law should be made when drafting any such waiver. Likewise, entities should consider regular audits of the law to stay abreast of any changes. Finally, discussing execution and risk management issues with the individuals/employees who provide the waivers for signature (as well as the services provided) should be done on a regular basis to ensure company policies are being followed.

[View source.]

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Lakers sign Sekou Doumbouya on two-way deal, waive Jay Huff https://mentalx.org/lakers-sign-sekou-doumbouya-on-two-way-deal-waive-jay-huff/ Wed, 12 Jan 2022 17:57:00 +0000 https://mentalx.org/lakers-sign-sekou-doumbouya-on-two-way-deal-waive-jay-huff/ the Lakers amended one of their bilateral contract slots, announcing today that they have signed Sekou Doumbouya to a two-way deal and gave up on the big man Jay Huff. Doumbouya started the season on a two-way deal with the Lakers but was waived in November while recovering from a foot injury. At the time, […]]]>

the Lakers amended one of their bilateral contract slots, announcing today that they have signed Sekou Doumbouya to a two-way deal and gave up on the big man Jay Huff.

Doumbouya started the season on a two-way deal with the Lakers but was waived in November while recovering from a foot injury. At the time, Los Angeles brought in Chaundee Brown to fill the double niche of Doumbouya. Brown has since been replaced by mason jones, while Doumbouya now takes Huff’s place.

Doumbouya, 21, was the 15th overall pick in the 2019 draft and spent the first two years of his NBA career in Detroit. However, he struggled to score effectively during his time with the Pistons, averaging 5.6 PPG and 2.8 RPG on .384/.254/.691 in 94 games (17.3 MPG).

The Pistons sent Doumbouya to the Nets in their DeAndre Jordan traded in the 2021 offseason, and the young forward was later returned to the Rockets, who waived him. In the month he spent with the Lakers earlier this season, Doumbouya averaged 7.0 PPG and 3.0 RPG in two appearances (8.0 MPG).

Huff, who joined the Lakers after being drafted from Virginia, has logged just 20 total minutes with the team in four games. At the G League level, he recorded 10.0 PPG, 7.0 RPG and 2.3 BPG in eight games (22.1 MPG) for the South Bay Lakers.

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Fantasy Hockey Waiver Watch – Six Start or Hide Skaters https://mentalx.org/fantasy-hockey-waiver-watch-six-start-or-hide-skaters/ Mon, 10 Jan 2022 20:22:16 +0000 https://mentalx.org/fantasy-hockey-waiver-watch-six-start-or-hide-skaters/ Each week, we’ll be tapping the Least Enrolled Asset Waiver thread to help your team, whether you prefer the Dynasty format or the Revamp format, and we’ll be launching some tips for DFS players as well. Finally, we’ll take a look at a few favorite fancy old assets that may be overvalued, short or long […]]]>

Each week, we’ll be tapping the Least Enrolled Asset Waiver thread to help your team, whether you prefer the Dynasty format or the Revamp format, and we’ll be launching some tips for DFS players as well. Finally, we’ll take a look at a few favorite fancy old assets that may be overvalued, short or long term, for one reason or another.


Before

Max Comtois, LW, Anaheim Ducks (registered in 48.9% of ESPN.com leagues): As discussed in last week’s “Eight Fantasy Hockey Predictions for 2022”, I expect a solid second-half increase from a now healthy Comtois. By scoring a goal – his first of the season – in Sunday’s overtime win over Detroit, the 23-year-old, who just turned 23, will soon carve out a permanent role in the Ducks’ top six. We can also count on Comtois to offer his managers a good harvest of hits and penalty minutes. Since dressing in the New Year, the spirited winger has averaged a fantastic 1.9 points / game in ESPN.com standard leagues.

Jack Eichel, C, Vegas Golden Knights (41.9%): According to vague rumors from Vegas, the elite center could be back on the ice by the first half of February. So, three to four weeks? While stashing Eichel in an unused IR spot is a no-brainer of a fantastic move, there’s even a case to be made for hiding him on your bench, depending on league settings and your current place in the standings. In the H2H leagues you want that guy on board for some fantastic playoff competition. The former Sabers captain could be a game-changer alongside Mark Stone and (possibly) Max Pacioretty, assuming he returns in full health and fitness. Picking it up now is a bet worth making, in my opinion.

Ivan Barbashev, C / RW, St. Louis Blues (40.7%): Alongside Pavel Buchnevich (for the most part), Barbashev has been a fantastic delight since December, racking up five goals and nine assists in a dozen recent games. Consistently productive, the 26-year-old has only managed to score a point in three of those games. Even including the failure of a Sunday performance against the Stars, Barbashev has averaged a fantastic 2.4 points / contest since December 4th. If Jordan Kyrou isn’t available, check the availability of the less popular sixth-year Blues skater.

Tanner Jeannot, LW, Nashville Predators (18.5%): He only scored 12:35 in Saturday’s 4-2 against the Coyotes and still managed to score a goal. After a thoroughly respectable start to the season, the 24-year-old rookie is making his way into Calder’s conversation, producing at almost a point / game pace since December 4. Filip Forsberg (COVID-19). Nashville is expected to host the Avalanche on Tuesday and the Sabers on Thursday, before visiting the Bruins on Saturday.

Alexander Kerfoot, C, Toronto Maple Leafs (4.8%): It’s hard to ignore a record of two goals and six assists in three games, especially when one of the top scorers is temporarily replaced with Auston Matthews. After a terribly unproductive December, Kerfoot rings in 2022 with a bang and fantastic managers from deeper leagues can join him for the ride too. Even once Mitch Marner reappears from the league’s COVID-19 protocol and joins Matthews in Toronto’s top unit, Kerfoot is only expected to fall back on the second goal line with William Nylander and John Tavares. Which is also a very good concert. The former Avalanche forward won’t be available for long in 95% of ESPN.com leagues.

Lawson Crouse, LW, Arizona Coyotes (3.7%): Competing on a goal line with Phil Kessel, Crouse has three goals and three assists on 15 shots in four recent games. Even more appealing, perhaps, is that the old Frontenac (and its expiring contract) would be on the trading block. I’d love to see what the 11th overall pick (2015) could accomplish with a team that tends to score more overall. (I imagine Crouse himself could take advantage of this opportunity as well.) Despite his sixth professional season, the 24-year-old is yet to reach his full productive potential. It’s worth a flyer in the deeper ESPN.com leagues.

See also: Alexander Barabanov, LW, San José Sharks (1.5%)

Defenders

Zach Whitecloud, Vegas Golden Knights (27.6%): Only teammate Brayden McNabb has more blocked shots / 60 minutes among NHL defensemen who have played more than 15 games this season, and we split the thin hair between 7.80 and 7.76 BkS / 60. Unlike McNabb, Whitecloud shoots a fair amount of puck and has five goals and six assists in 26 games. It all comes down to a fantastic 2.2 points per game in ESPN.com standard leagues, good enough for a top 20 among the crowd of league defenders.

See also: Brett Pesce, Carolina Hurricanes (6.9%)

Goalkeepers

Zach Fucale, Capitals of Washington (0.8%): The Capitals replacement is set to win his second straight start of the season (and his NHL career) against the Bruins on Monday. Making his league debut on November 11, Fucale allowed a singular goal in two full games and a partial performance. If the AHL regular player lets himself be intimidated by playing on the game’s biggest frozen stage, he hides his anxiety well. Those in need of a goalie body, allowing for roster flexibility, should hook up the 26-year-old against Boston and take him from there. At a minimum it appeals as a Daily Fantasy asset.

Reduced expectations

Linus Ullmark / Jeremy Swayman, Boston Bruins: If Tuukka Rask does join the Bruins as planned, Ullmark and Swayman, or both, will see their playing time decrease significantly. On an entry-level contract free of waivers, Swayman could potentially move on to minors. There are still a few hurdles to jump through – Rask must first prove he’s fit and ready, whether in the AHL or the NHL – but a change in the Boston goaltending scene is coming to the fore. horizon.

Perhaps the career Bruin only ends up replacing Ullmark on occasion, who has been playing well lately. Maybe not. Invested fantasy managers need to be prepared to make the necessary adjustments no matter what the going.

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Steelers drop former Alabama defensive lineman https://mentalx.org/steelers-drop-former-alabama-defensive-lineman/ Sun, 09 Jan 2022 01:39:00 +0000 https://mentalx.org/steelers-drop-former-alabama-defensive-lineman/ Saturday’s NFL transaction report had some good news and some bad news for former Alabama linemen. Standard elevations for practice teams around the league for the last Sunday of the 2021 regular season included New York Jets center Ross Pierschbacher and Tennessee Titans defensive lineman Da’Shawn Hand. These designations will make Pierschbacher eligible to play […]]]>

Saturday’s NFL transaction report had some good news and some bad news for former Alabama linemen.

Standard elevations for practice teams around the league for the last Sunday of the 2021 regular season included New York Jets center Ross Pierschbacher and Tennessee Titans defensive lineman Da’Shawn Hand. These designations will make Pierschbacher eligible to play for the Jets for the first time and Hand eligible to play for the first time for the Titans.

MORE NFL:

· QUINNEN WILLIAMS RETURNS FROM COVID-19 ‘BRUTAL CHALLENGE’

· JAYLEN WADDLE WINS THE DOLPHINS MVP AWARD IN THE ROKIES SEASON

· NFL WEEK 18: SCHEDULE, TV SCHEDULES, DISTRIBUTION OF POINTS

While Hand has played three games with the Detroit Lions this season between stints in the injured reserve, Pierschbacher has not played this season. Pierschbacher played five games for the Washington Redskins in 2019 and three games for the Philadelphia Eagles in 2020.

Pierschbacher has been on the Jets training squad since September 10. Hand joined the Titans’ practice squad on Wednesday. Hand spent two weeks with the Indianapolis Colts training team between his release from the Lions and signing with Tennessee.

The bad news was about defensive lineman Isaiah Buggs, who was sidelined by Pittsburgh with one game left in his third regular season with the Steelers.

Buggs started six times as he played 227 defensive snaps in Pittsburgh’s opening 10 games of the 2021 season. But he hadn’t played since November 21. Buggs missed three games with an ankle injury, missed another in reserve / COVID-19 and was apparently a healthy scratch in two more.

Seven other Alabama high school and college players appeared on the NFL transaction report on Saturday:

· The Las Vegas Raiders bred guard Lester Cotton (Central-Tuscaloosa, Alabama) from the practice squad, making him eligible to play in Sunday’s game against the Los Angeles Chargers. Cotton has appeared in two games this season as an elevation of the practice squad.

The Seattle Seahawks bred the training team’s cornerback Michael Jackson (Spain Park) as a COVID-19 replacement, making him eligible to play Sunday’s game against the Arizona Cardinals. Jackson made his season debut last week with 25 defensive snaps and five special teams as a training team elevation in a 51-29 victory over the Detroit Lions.

· The Washington football team has signed safety Jeremy Reaves (South Alabama) to their active training team roster. In his fourth year with Washington, Reaves had been on the practice squad all season. He has played four times in 2021 as a training squad elevation, most notably starting two games.

· The Detroit Lions have signed cornerback Saivion Smith (Alabama) for their practice team. The Lions had relinquished Smith from their active roster on Thursday. In December, Smith played one game with the San Francisco 49ers and two with Detroit.

· The Las Vegas Raiders raised defensive lineman Damion Square (Alabama) from the practice squad, making him eligible to play in Sunday’s game against the Los Angeles Chargers. Square, who was on the Raiders’ active roster earlier this season, played eight games for Las Vegas in 2021, and he started the season by playing in the Chicago Bears opener.

· The Los Angeles Rams have signed long snapper Carson Tinker (Alabama) for their practice squad. Los Angeles previously signed Tinker to their practice squad on December 18 and January 1 and released him on December 28 and January 4. Tinker has played eight games with the Tampa Bay Buccaneers and one game with the Las Vegas Raiders this season.

The San Francisco 49ers have restored safety Jimmie Ward (Davidson) to the active reserve / COVID-19 roster. Ward will be eligible to play against the Los Angeles Rams on Sunday. A victory over the Rams on the final day of the regular season will put the 49ers in the playoffs.

FOR MORE THAN AL.COMNFL COVERAGE, GO TO OUR NFL PAGE

Mark Inabinett is a sports reporter for Alabama Media Group. Follow him on Twitter at @ AMarkG1.



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Addition of sandbox zones in Thailand, extension of the suspension of the quarantine exemption https://mentalx.org/addition-of-sandbox-zones-in-thailand-extension-of-the-suspension-of-the-quarantine-exemption/ Fri, 07 Jan 2022 10:27:00 +0000 https://mentalx.org/addition-of-sandbox-zones-in-thailand-extension-of-the-suspension-of-the-quarantine-exemption/ With the rise in the number of COVID-19 infections linked to the Omicron variant, the Thai government extended the suspension of its quarantine waiver program on January 7. Reports say the decision was taken at a general assembly chaired by Prime Minister Prayut Chan-o-cha. No date has been specified for the duration of the suspension, […]]]>

With the rise in the number of COVID-19 infections linked to the Omicron variant, the Thai government extended the suspension of its quarantine waiver program on January 7.

Reports say the decision was taken at a general assembly chaired by Prime Minister Prayut Chan-o-cha. No date has been specified for the duration of the suspension, which was first implemented on December 22, 2021.

(Main images and stars: Jack Taylor / AFP)

A look at new rules in Thailand as Omicron cases rise

Suspension of ‘Test and go ‘

Image credit: JJunie L / @ jjunie / Unsplash

According to ReutersCOVID-19 task force spokesperson Taweesin Visanuyothin said no new requests for “Test & Go,” Thailand’s quarantine exemption program, will be approved.

The new rule does not apply to people who have already applied. According to Visanuyothin, at the time of writing, existing applicants will be allowed to enter Thailand without quarantine until January 15.

Travelers who are existing applicants will be required to take an RT-PCR test upon arrival and another before the seventh day of their stay.

Extended sandbox program

Bangkok
Image credit: Miltiadis Fragkidis / @ _ miltiadis_ / Unsplash

Even though “Test & Go” has been suspended indefinitely, visitors to Thailand have reason to celebrate the extension of the Sandbox program to more regions.

The programs will now apply to Krabi, Phang Nga or the Surat Thani Islands of Koh Samui, Koh Phangan and Koh Tao from January 11.

Only fully vaccinated travelers can opt for the Sandbox program, which has so far only been open in Phuket. Tourists can stay in government approved hotels in sandbox areas after passing an RT-PCR test on arrival.

Also from January 11, people from eight African countries, previously designated as high-risk, will be allowed to travel to Thailand.

Alcohol limit in bars

the COVID-19 Situation Administration Center gave the green light to the temporary reopening of bars, nightclubs and karaoke rooms as “restaurants” from January 16. However, not everyone will be allowed to serve alcohol.

“Social consumption is the cause of the spread of the virus. Measures to restrict this will help curb the spread, ”Visanuyothin said.

Thus, the ban on alcohol remains in restaurants in all provinces classified in the “orange” zone from January 9, while approved restaurants in the eight “blue” zones, including Bangkok, will be able to serve alcohol. until 9 p.m. every evening.

On January 7, Thailand reported 7,526 cases of the coronavirus, double the number on January 1 and the highest since early November 2021.



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Ballad calls for waiver of CMS renewed mandate on vaccines | Covid19 https://mentalx.org/ballad-calls-for-waiver-of-cms-renewed-mandate-on-vaccines-covid19/ Wed, 05 Jan 2022 02:00:00 +0000 https://mentalx.org/ballad-calls-for-waiver-of-cms-renewed-mandate-on-vaccines-covid19/ Ballad Health is asking for relief when it comes to applying a renewed vaccine mandate from the Centers for Medicare and Medicaid Services by Jan. 27, citing staffing issues. Ballad CEO Alan Levine sent a letter Monday to Chiquita Brooks-LaSure, administrator of the Centers for Medicare & Medicaid Services, making the request. In November, the […]]]>

Ballad Health is asking for relief when it comes to applying a renewed vaccine mandate from the Centers for Medicare and Medicaid Services by Jan. 27, citing staffing issues.

Ballad CEO Alan Levine sent a letter Monday to Chiquita Brooks-LaSure, administrator of the Centers for Medicare & Medicaid Services, making the request.

In November, the Centers for Medicare & Medicaid Services released a rule requiring that employees of a wide range of health care providers who receive federal Medicare or Medicaid funding receive the first dose of the vaccine in December and be fully immunized before. January 4.

While injunctions issued by two federal courts have blocked that mandate in 24 states – with the United States Supreme Court due to hear oral arguments this week on the matter and a separate mandate for private employers – the federal agency has renewed its mandate. requirement for other states, including Tennessee, and says those that don’t comply could be terminated from Medicare and Medicaid programs.

Under the new rule, the first doses of vaccine are required by January 27 and second doses, if applicable, by February 28.

Levine said in the letter that if the Jan. 27 mandate remains in effect, Ballad could lose up to 2,000 employees. This represents around 15% of Ballad’s workforce.

“If Ballad Health were to lay off even a fraction of these employees, or if employees were to resign because of fear of being forced to take the vaccine, it would affect the ability of our health system to function. Levine said in the letter.

Ballad Health is already facing a staffing shortage with more than 600 positions currently open in the healthcare system. Currently, around 400 of these openings have been temporarily filled by expensive contract nurses.

Levine is concerned that Ballad facilities may be forced to turn away patients or cut services in hospitals due to staff shortages that could arise as a result of the warrant.

While over 95% of Ballad’s doctors are vaccinated, Levine estimates that only around 60% of Ballad’s non-doctors are fully vaccinated.

“Employees who refuse the vaccine include workers in nursing, housekeeping, catering and other critical positions,” Levine said in the letter.

Levine wants CMS to consider three possible alternatives to its near zero tolerance approach to the vaccine mandate.

In the letter to CMS, Levine first lists the possibility of a waiver system, which could exempt some hospitals, including Ballad facilities.

“CMS should consider allowing hospitals in areas of shortage of health professionals to request waivers of the mandate if they can demonstrate difficulties in retaining staff. The regions of the country which are already suffering from shortages and which are disadvantaged in terms of recruitment and retention, must first do no harm in terms of staff availability, ”Levine said. “Allowing health systems that can demonstrate staff retention challenges to request waivers would be fair and would appropriately recognize the importance of balancing appropriate staffing levels in health facilities with the desire of the administration.” increase immunization rates among health workers.

If waivers are not an option, Levine would like to see the vaccination mandate deadline delayed to give Ballad more time to increase the vaccination rate of its employees.

“In the absence of an offer of an opportunity to request a waiver, CMS should delay the implementation of the immunization mandate until at least June for facilities located in areas of shortage of health workers. to facilities located in areas where the shortage of health workers is greatest to implement policies and procedures to improve immunization rates, “Levine said.” This will also help ensure that people living in rural communities will not be disproportionately affected by staff shortages that can arise as a result of employee refusal to be vaccinated. “

Levine then asked CMS for flexibility in carrying out the mandate.

“CMS should take a flexible approach to investigating compliance with the immunization mandate and allow providers to show that if they are not compliant, the lack of compliance is because the facility prioritizes appropriate staff levels to meet the needs of the community he is responsible for serving. An important part of CMS’s mission is to ensure high quality care provided by adhering to the terms of participation, ”said Levine. “So if the facility determines that the termination of a significant number of employees may interfere with its ability to keep the facility clean, feed its patients, or provide appropriate and safe levels of staff for direct care, this determination must be taken into account before penalizing the authorized entity.

Levine said flexibility has been paramount in the response of healthcare providers to the COVID-19 pandemic, and he wants CMS to extend that flexibility to immunization mandates.

“Our ability to respond to this pandemic has been greatly enhanced by the flexibilities that federal and state governments have provided to healthcare providers as we navigate uncharted territory,” said Levine. “We ask the agency to show the same flexibility as we work together to achieve higher immunization rates in health facilities in many different regions of our country.”


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State Department proposes fee increases for certain nonimmigrant visas and exemption fees J – Immigration https://mentalx.org/state-department-proposes-fee-increases-for-certain-nonimmigrant-visas-and-exemption-fees-j-immigration/ Mon, 03 Jan 2022 04:26:32 +0000 https://mentalx.org/state-department-proposes-fee-increases-for-certain-nonimmigrant-visas-and-exemption-fees-j-immigration/ United States: State Department proposes fee increases for certain nonimmigrant visas and exemption fees J January 03, 2022 Global Envoy, Inc. To print this article, simply register or connect to Mondaq.com. Today, the State Department published a rule proposal in the Federal Register to increase application processing fees for various visa applications at U.S. consulates […]]]>

United States: State Department proposes fee increases for certain nonimmigrant visas and exemption fees J

To print this article, simply register or connect to Mondaq.com.

Today, the State Department published a rule proposal in the Federal Register to increase application processing fees for various visa applications at U.S. consulates around the world. Certain nonimmigrant visas (NIV) and “J-Waiver” fees, which apply to the removal of the two-year J-1 residency requirement, if applicable, are highlighted below.

Overview

The State Department aims to update the fees to better reflect the cost of providing visa services. It proposes the following changes to be applied to visa applications at U.S. consulates around the world in 2022:

  • Nonimmigrant visas that are applied for at a U.S. consulate and that are tied to a USCIS-approved job application for employment in the United States will see the fee increase to $ 310 per application. The current fee is $ 190 per request. These nonimmigrant visas include categories H, L, O and P.
  • Nonimmigrant visas that are applied for at a United States Consulate and are not based on a USCIS approved petition (with the exception of E visas) are subject to an increased fee offered at $ 245 per request, instead of the existing fee of $ 160.
  • For E visas, which are specific to treaty traders or investors and Australian specialist workers, the Department of State is proposing a fee increase from $ 205 to $ 485.
  • The State Department is also proposing to increase the “J-Waiver” fee to $ 510. Currently the fee is $ 120.

The stated purpose of the fee increases proposed by the State Department is to ensure that the fees associated with providing consular services are better aligned with the cost of the services.

Look ahead

A 60-day public comment period will follow the publication of the proposed rule in the Federal Register. The State Department will accept comments until February 28, 2022.

Originally posted DEC 29, 2021

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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Mumbai’s property tax exemption houses measuring 500 square feet, according to Maharashtra CM https://mentalx.org/mumbais-property-tax-exemption-houses-measuring-500-square-feet-according-to-maharashtra-cm/ Sat, 01 Jan 2022 11:06:20 +0000 https://mentalx.org/mumbais-property-tax-exemption-houses-measuring-500-square-feet-according-to-maharashtra-cm/ Image source: PTI New Year’s Gift for Mumbaikars: No property tax on homes up to 500 square feet Strong points Maharashtra has completely waived the property tax on residential properties up to 500 square feet in Mumbai. Chief Minister Uddhav Thackeray announced his decision at a meeting of the Department of Urban Development. The waiver […]]]>
Image source: PTI

New Year’s Gift for Mumbaikars: No property tax on homes up to 500 square feet

Strong points

  • Maharashtra has completely waived the property tax on residential properties up to 500 square feet in Mumbai.
  • Chief Minister Uddhav Thackeray announced his decision at a meeting of the Department of Urban Development.
  • The waiver comes ahead of Mumbai’s municipal elections scheduled for next month.

The Maharashtra government on New Years Day announced on Saturday that it had completely waived property tax bills for residential properties measuring up to 500 square feet in Mumbai.

Chief Minister Uddhav Thackeray announced the decision at an Urban Development Department meeting earlier today, according to an official statement.

The waiver comes ahead of Mumbai’s municipal elections scheduled for next month.

The CM asked the administration to implement the decision with immediate effect, the statement said.

He quoted Urban Development Minister Eknath Shinde as saying the decision would benefit owners of more than 16 lakh homes under 500 square feet within the boundaries of the Brihanmumbai Municipal Corporation (BMC).

Shinde said the Shiv Sena, who heads the BMC, fulfilled an important assurance he gave ahead of the 2017 BMC election.

Thackeray chaired a virtual meeting on Saturday with Shinde, Mumbai District Guardian Minister Aslam Shaikh, Mumbai Suburban District Guardian Minister Aaditya Thackeray, Mayor Kishori Pednekar and Chief Secretary Debashish Chakrabarty.

An official said BMC is expected to lose Rs 468 crore in revenue as a result of the waiver.

BMC in 2021-2021 had estimated property tax collection at Rs 6,738 crore, but could raise Rs 4,500 crore due to the covid pandemic and foreclosure. In 2021-2022, the BMC has planned to collect the property tax of Rs 7,000 crore.

READ ALSO | GST Council Postpones Implementation of Textile Tax Rate Hike

READ ALSO | East Delhi civic body extends deadline for paying property tax with refund to October 15

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Fantasy Football: Tips on picking up waiver leads https://mentalx.org/fantasy-football-tips-on-picking-up-waiver-leads/ Thu, 30 Dec 2021 22:08:40 +0000 https://mentalx.org/fantasy-football-tips-on-picking-up-waiver-leads/ Special for Yahoo Sports Welcome to Fantasy Hockey Roulette! The game where the rules are always changing, you have no idea what they are and winning or losing is mostly determined by chance. It may not sound like fun or something that you actually want to participate in, but it is the reality that we […]]]>

Special for Yahoo Sports

Welcome to Fantasy Hockey Roulette! The game where the rules are always changing, you have no idea what they are and winning or losing is mostly determined by chance.

It may not sound like fun or something that you actually want to participate in, but it is the reality that we are currently facing. COVID is making its mark and making player selection extremely difficult. Heck, the way things go, all decisions to come will involve complex equations.

So if you want to stay ahead of the pack, you had better revise your high school and trig calculations.

But seriously, it’s important to keep up with the latest news to make sure your lists are as strong as possible in time for the nightly / weekly lockdown. Since the statutes are frequently updated, RotoWire should be your source of in-depth information and information.

If there’s anything we’ve learned from the first few games, some significant personnel adjustments produced many goals. Different defensive pairs and a slew of new goalies also sparked the goal boom. As teams shed inactivity and lineups get healthier, the overall offense should start to wane.

While we can’t guarantee the following players will be active as you read this, they’re generally reliable for fantastic consumption (not a guarantee either):

(Rate / statistics recorded as of December 30.)

Before

Alex Iafallo, LA (Yahoo: 32% subscribers)

Double-digit goals and assists might not be that exciting, but there is something to be said about consistency – especially from a player who is not considered a top player. level. Iafallo has been going about his business for the past three years and has generally enjoyed significant ice time and top notch positions in all situations. In return, he had respectable totals in terms of both points and shots. That hasn’t changed this season as Iafallo has found the scoresheet in four of the last five games averaging nearly three pucks on goal.

Alex Tuch, BUF (Yahoo: 31% enrolled)

Tuch finally made his Sabers debut on Wednesday and immediately contributed with an assist and four hits in over 18 minutes. He also worked his way into Buffalo’s power play and social disadvantage, even though he didn’t count in both areas. One might have expected a period of adjustment for someone who missed the first three months of recovery after shoulder surgery, but Tuch wasted no time adjusting to his new surroundings. .

Welcome to Buffalo, Alex Tuck! (AP Photo / Jeffrey T. Barnes)

Phil Kessel, ARI (Yahoo: 12%)

Kessel’s first season in the desert fell short of his usual standards, even though he rebounded with 43 points in 56 appearances last season. He spat in the first month of this year with just five of 14, then sizzled with 10 of 12. But it was Kessel’s last two efforts that rocked the fantasy world with six points – including four assists. Tuesday.

If you are looking for a complete player, this is not your guy. But if score, shooting and power-play performance are your goals, few are better at delivering than Kessel.

Lars Eller, WAS (Yahoo: 12%)

Superstars often get the fame, but more love has to go to the actors. Take Eller, who has quietly accumulated at least 36 points in each of his past three full years. Not impressed? How about an average of 7:24 this month with almost nine game wins and a seven-hit performance on December 19? While Evgeny Kuznetsov and Nicklas BackstromWednesday’s reappearances will reduce Eller’s workload, the Dane is just too involved to be so overlooked.

Ross Colton, TB (Yahoo: 8%)

Ice time might not be that high and a spot in the bottom half of the depth chart isn’t exactly glamorous, but Colton works hard and used his minutes efficiently. The 118th selection of 2018 has been lively on the offensive side since November 26 with two goals and seven assists in 15:11 per game. Combine that with a total of 58 shots, 67 hits, 17 blocks, and 157 game wins and it looks like someone who shouldn’t be available in about nine out of 10 leagues.

Jesperi Kotkaniemi, RCA (Yahoo: 5%)

The ex-Hab received a boost just before closing when the Canes missed a bunch of players and scored one goal and four assists in seven days. With the club returning to the ice on Thursday, Kotkaniemi is expected to skate on Jordan staalis on the left side. This pairing can technically be on Carolina’s tied third unit, but anywhere in her deep top nine is ripe for the rise.

Alexandre Texier, CLS (Yahoo: 4%)

Just when you thought I couldn’t mention another striker named Alex, here’s one from Columbus. It looked like Texier would pull out of the layoff by centering the first row until Boone jenner has been reinstated from the COVID list. While it’s unclear where the French striker will line up on Thursday, he did well this month with seven points in eight games. Texier has also been seen on the Blue Jackets’ lead man advantage in training, although that may change with Patrik Laine and Jakub voracek possibly back.

Brandon Hagel, CHI (Yahoo: 2%)

Hagel proves the run to conclude his rookie campaign was no fluke with an equally scorching December consisting of one goal and six assists. The team trusted the 23-year-old by allowing him to play leading roles in both groups of special teams, including the dreaded PP1 starring Patrick kane and Alex DeBrincat, among others. Without any significant competition, Hagel is ready to maintain its advanced status – and find its way onto your list.

Defenders

Mark Giordano, MER (Yahoo: 44%)

It’s no secret the poolers were expecting more points from Giordano, and the eight he has achieved so far haven’t cut him off. Even though he’s only registered one assist in the last 13 games, the 25 shots, 16 PIMs and 28 blocks in the same streak are encouraging. The fact Vince dunn was added to the protocol list on Sunday and would continue to miss the next two outings, meaning Giordano inherits that much more offensive responsibility.

Mattias Ekholm, NSH (Yahoo: 27%)

As for the disappointing production, Ekholm has only scored one goal and five assists in 30 appearances. Despite similar ice time on the power play over previous years, he didn’t score any goals with the extra man. That could change as Ekholm took over as the Preds’ PP quarterback after Romain Josi tested positive on Monday. The former 44-point player couldn’t cash on Wednesday, but has more chances the rest of the week with the Blue Jackets and Blackhawks on the schedule.

Alexander Romanov, LUN (Yahoo: 9%)

The Habs blue line was hit hard by COVID recently with four of the six starting defenders sidelined. Romanov hadn’t been given a lot of offensive opportunities when they were available, but was installed on Montreal’s second advantage on Tuesday. In that same game, he recorded almost 27 minutes of ice time while blocking four shots and distributing three hits. Romanov is expected to retain his place as PP in the short term while contributing significantly to the physical categories.

Zach Whitecloud, VGK (Yahoo: 9%)

Like Romanov, Whitecloud takes advantage of the absences of his teammates, namely that of Alex Pietrangelo. In the most recent three outings, Whitecloud has scored an assist in each while shooting five shots, 10 blocks and three hits on an average of 25:48. This is a given that Pietrangelo will pull from Whitecloud’s totals once cleared to play, although the latter has seen his duties continue to grow and will function as a reliable fantasy player of the lower lineup.

[So many reasons to play Yahoo DFS: Learn more now and get in on the fun]

Goalkeepers

Tuukka Rask, BOS (Yahoo: 28%)

There were rumors last month about Rask returning from an offseason operation and the final word is that it could take place in January. The 2014 Vezina winner trained with the Bruins and is expected to do a conditioning camp in the AHL. If all goes well, it would mark his first NHL appearance since June 9. It’s not certain that this will happen – whether it’s in a few weeks or not at all – so you should probably only add Rask if you want to wait and have an open bench. / Infrared spot.

Laurent Brossoit, VGK (Yahoo: 16%)

With Robin lehner Struggling with a lower-body injury, Brossoit has managed four of the last five starts. The latter two weren’t great with seven combined goals against 46 shots, but the Vegas offense provided him with six on Tuesday. Lehner could be back for the weekend, although his season stats (3.03 GAA, .905 save percentage) have been well below his elite standards. For now, Brossoit represents the main healthy goalie for the Golden Knights and that means a favorable chance of securing a win on any given night.

(Players to consider in the previous columns: Nazem Kadri, Brandon Saad, Jared McCann, Tage Thompson, Lucas Raymond, Ryan Hartman, Nico Hischier, Ryan Johansen, Trevor Zegras, Nino Niederreiter, Mats Zuccarello, Robert Thomas, Cole Caufield, Viktor Arvidsson, Evan Rodrigues, Boone Jenner, Troy Terry , Matt Duchene, Jesper Bratt, Ondrej Kase, Mikael Granlund, Sonny Milano, Rasmus Dahlin, Jamie Drysdale, Moritz Seider, Shayne Gostisbehere, Scott Perunovich, Jake Bean, Evan Bouchard, Matt Roy, Ukko-Pekka Luukkovicen, Alex Nedeljttinger, Jake James Reimer)


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Application of the assumption of risk and disclaimer of liability clauses in the confirmed member agreement regarding slip and fall, and refusal of an oral attempt to modify the pleading to add a claim for confirmed gross negligence – Litigation, mediation and arbitration https://mentalx.org/application-of-the-assumption-of-risk-and-disclaimer-of-liability-clauses-in-the-confirmed-member-agreement-regarding-slip-and-fall-and-refusal-of-an-oral-attempt-to-modify-the-pleading-to-add-a-clai/ Wed, 29 Dec 2021 04:36:39 +0000 https://mentalx.org/application-of-the-assumption-of-risk-and-disclaimer-of-liability-clauses-in-the-confirmed-member-agreement-regarding-slip-and-fall-and-refusal-of-an-oral-attempt-to-modify-the-pleading-to-add-a-clai/ United States: Application of the assumption of risk and disclaimer of liability clauses in the confirmed member agreement regarding slips and falls, and refusal of an oral attempt to modify the plea to add a confirmed gross negligence claim December 29, 2021 Marshall, Dennehey, Warner, Coleman and Goggin To print this article, simply register or […]]]>

United States: Application of the assumption of risk and disclaimer of liability clauses in the confirmed member agreement regarding slips and falls, and refusal of an oral attempt to modify the plea to add a confirmed gross negligence claim

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Skarbnik v. Life Time Fitness, Inc., File n ° A-3229-19, 2021 WL 3923270 (App. Div. Sept. 2, 2021)

The complainant alleged that upon leaving the class in a hot yoga studio, she slipped and fell sweaty on the floor. The trial court allowed the defendant fitness center’s motion for summary judgment to dismiss the plaintiff’s allegations of negligence, finding that the provisions relating to the assumption of risk and the exemption from liability of the Plaintiff’s Member Agreement applied to the Plaintiff because she was still “participating”. when she fell and the sweat on the floor was a natural consequence of hot yoga. At the oral argument hearing on the underlying motion, the plaintiff attempted to orally modify her argument to add a claim for gross negligence, presumably because gross negligence cannot be waived in New Jersey. On appeal, the court upheld the lower court rulings that the slip and fall was not in a “garden variety” location and that participating in risk is inherent in the sport. Importantly, although the Complainant’s Membership Agreement was signed approximately six years before her accident, it included specific provisions which included: an express waiver of liability which was found to have explicitly covered negligence claims. Although New Jersey is a state that requests an opinion, the plaintiff’s oral opposition was inappropriate as the request must be argued in writing to fairly inform the opposing party of the claims and issues to be raised at trial. Finally, on the merits, this also failed, as the accumulation of sweat on the floor and the dimming of the lights was not gross negligence.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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