Law

August. 31st 2012 Hi Gail, First, thank you for  "Millionaire-Minds-In-Transformation" Yahoo " millionairemindsintraining@yahoogroups.com " then Google   "Millionaire-Minds-In-Transformation@googlegroups.com "  group. During the last 6 years, it has a been a very helpful serie of e-mails of people who want to improve their life. However, I don't need these e-mails anymore. I was receiving the Google e-mails twice, one into my Yahoo e-mail box and the other into my Google e-mail box. I unsubscribed at my Google e-mail box a little while ago and had no problem. I still receive the Google e-mails at my Yahoo address. As you can see at the bottom there is no way to unsubscribe. As you are the moderator and have more control than me, please help me to unsubscribe. Thank you! Louise --- En date de : Jeu, 9.8.12, Gail Levine <smartypntz@gmail.com> a écrit : De : Gail Levine <smartypntz@gmail.com> Objet : [MMIT Fwd: I Can Do It! Washington DC - Live Streaming Event À : "MMIT" <millionaire-minds-in-transformation@googlegroups.com> Date: jeudi 9 août 2012 15 h 19 ---------- Forwarded message ---------- From: "Hay House, Inc." <system-hayhouse@e-hayhouse.com> Date: Aug 9, 2012 11:55 AM Subject: I Can Do It! Washington DC - Live Streaming Event To: <smartypntz@gmail.com> This email is brought to you by Hay House, Inc. To view a web version of this message, click here I Can Do It! Washington DC: Live Video Stream   Connect with Hay House Join us online as your favorite authors and speakers lecture on topics ranging from personal and global transformation, manifestation and happiness to past lives, and guidance from your angels. Click here to view the Video Streaming Schedule. Featuring these amazing authors and speakers: Dr. Wayne W. Dyer • Louise L. Hay • Cheryl Richardson • Joe Dispenza, D.C. • Caroline Myss • Gregg Braden • Doreen Virtue • Brian L. Weiss, M.D. • Eldon Taylor • Dr. Christiane Northrup • Bruce H. Lipton, PH.D. Can't Make It? Watch I Can Do It! Washington DC LIVE Online! Ensure delivery of your Hay House e-mails: Add system-hayhouse@e-hayhouse.com to your address book. Update Your Preferences | Privacy Policy | Unsubscribe Hay House, Inc. PO Box 5100, Carlsbad, CA 92018 (800)654-5126 Share this email with others: -- To POST - send email to Millionaire-Minds-In-Transformation@googlegroups.com View MMIT on the web http://groups.google.com/group/Millionaire-Minds-In-Transformation   Get PAID to receive texts in EZ new biz. No cost to join. http://Queenfreebee.textcashnetwork.com/   F.r.e.e products, services and goodies for less than $10 a month http://QueenFREEbee.BIZ   I lost 50 lbs in a few months and have kept it off for 2 years! Fun, easy and natural. http://www.fattynomore.info

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To POST - send email to Millionaire-Minds-In-Transformation@googlegroups.com
View MMIT on the web http://groups.google.com/group/Millionaire-Minds-In-Transformation
 
Get PAID to receive texts in EZ new biz. No cost to join.
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F.r.e.e products, services and goodies for less than $10 a month
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I lost 50 lbs in a few months and have kept it off for 2 years! Fun, easy and natural.
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send resumes to sameer@itbtalent.com

Job Title: Oracle PL/SQL Developer
Location: Boston,MA
Duration: 3-6 months contract (possible extension)

Required:
Above 5 years experience
Oracle Database, PLSQL programming.
Project is to migrate applications pointing to Sybase
Database to point to Oracle Database.
The person should be able to do the assessment of
the applications, make changes, guide and reply to
offshore queries and need to interact with client SMEs


Please send resume to sameer@itbtalent.com

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send resumes to sameer@itbtalent.com

Job Title: Oracle PL/SQL Developer
Location: Boston,MA
Duration: 3-6 months contract (possible extension)

Required:
Above 5 years experience
Oracle Database, PLSQL programming.
Project is to migrate applications pointing to Sybase
Database to point to Oracle Database.
The person should be able to do the assessment of
the applications, make changes, guide and reply to
offshore queries and need to interact with client SMEs


Please send resume to sameer@itbtalent.com

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We’re rather tired of the other side, abetted by the flawed reasoning in Desiano v. Warner Lambert & Co., 467 F.3d 85 (2d Cir. 2006), aff’d by equally divided court, 552 U.S. 440 (2008), attempting to distinguish Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), into oblivion as relating to nothing more than a “separate, freestanding” claim for “fraud on the FDA.”  We’ve argued until we’re blue in the face that Buckman (which was unanimous, but with a concurrence) was so much more than that; specifically an implied preemption case with broad implications.  Most courts get it, but enough don’t that we thought we’d investigate a little further.  So we’ve asked ourselves the question, What has the Supreme Court itself had to say about Buckman in the decade-plus since it’s been decided?


We ran a quick search and found that the Supreme Court has cited its Buckman decision seven times.  We’ll look at the drug/device cases first.  In PLIVA v. Mensing, 131 S. Ct. 2567 (2011), the Court cited Buckman as a “cf.” (that’s an abbreviation of the Latin “confer” meaning to compare/consult) to the plaintiffs’ “take steps” argument (which the Court rejected) that the manufacturer should have asked the FDA for help.  Id. at 2578.  Did the Mensing majority limit Buckman to a freestanding count for fraud on the FDA?  Hardly.  Instead, it described Buckman just the way we do, as “holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA.”  Id.  That’s how Buckman should be read − that any state-law claims purporting to intrude on a defendant’s communications with the FDA are preempted.  The quality of a regulated entity’s communications with a federal agency is simply none of state law’s business.

That’s one.

Then there’s Wyeth v. Levine, 555 U.S. 555 (2009), the case we most love to hate.  Levine also discussed Buckman, albeit in dueling footnotes, this time in the context of the “presumption against preemption.” Id. at 565 n.3.  Buckman was not, the majority noted, apt precedent for rejecting that presumption entirely in implied preemption cases, because it “involved state-law fraud-on-the-agency claims, and the Court distinguished state regulation of health and safety as matters to which the presumption does apply.”  Id.  Even in this worst case (which is what Levine is) scenario, the discussion is confined to the scope of a presumption (which later couldn’t muster a majority in Mensing) rather than addressing preemption directly.  Levine certainly is not limited to anything about freestanding claims.

The Levine dissent, of course, gave Buckman an even broader application:

Petitioner’s dealings with the FDA were prompted by federal law, and the very subject matter of petitioner's statements to the FDA were dictated by federal law.  Accordingly − and in contrast to situations implicating federalism concerns and the historic primacy of state regulation of matters of health and safety − no presumption against pre-emption obtains.

Id. at 624 & n.14 (citation and quotation marks omitted).  While we obviously prefer the Levine dissent, there doesn’t seem to be any support − in the Levine majority or dissent − for not applying Buckman’s rationale to any situation implicating the information submitted by a regulated entity to its regulating authority.

That’s two − actually call it 2½, since Buckman was string-cited (with no separate discussion) for basically the same presumption-related proposition by the dissent in Altria Group, Inc. v. Good, 555 U.S. 70, 99 (2008) (the majority in Good not mentioning it at all).

The Court’s most recent invocations of Buckman are in Arizona v. United States, 132 S.Ct. 2492 (2012), and Chamber of Commerce v. Whiting, 131 S.Ct. 1968 (2011), both involving immigration.  In Arizona all but one of the provisions of a state statute were held preempted by federal law.  The mere fact that both the majority and the dissent considered Buckman relevant indicates that it can’t be cabined in the manner plaintiffs so often attempt.  The majority cited Buckman as authority (albeit “cf.” authority) for the proposition that “[p]ermitting the State to impose its own penalties for the federal offenses here would conflict with the careful framework Congress adopted.”  Id. at 2502-03 (describing Buckman holding as “States may not impose their own punishment for fraud on the Food and Drug Administration”). That’s all federal offenses, folks, not just the FDCA.  The dissent in Arizona essentially agreed:

In some areas of uniquely federal concern − e.g., fraud in a federal administrative process . . . this Court has held that a State has no legitimate interest in enforcing a federal scheme.

Id. at 2518.  The dissent in Arizona just didn’t think that “federal alien registration” was as uniquely federal as litigation involving the sanctity of federal administrative proceedings.  Id.  Again − nothing in either opinion supporting a limitation based upon how a plaintiff chooses to plead such “fraud.”

In Whiting, a plurality (this case is split in more ways than are worth describing) distinguished Buckman on grounds similar to the dissent in Arizona.  Buckman involved a “uniquely federal area[] of regulation,” specifically “state actions that directly interfered with the operation of a federal program.” 131 S.Ct. at 1983.  Buckman was:

[a] determin[ation] that allowing a state tort action would cause applicants before a federal agency to submit a deluge of information that the agency neither wants nor needs, resulting in additional burdens on the agency’s evaluation of an application, and harmful delays in the agency process.

Id. (citation and quotation marks omitted).  Thus, whenever such “interference” − which impacted upon the quality and quantiy of information submitted to a federal agency (notably the Court substituted “agency” for “FDA”) − was present, preemption would exist.  Id.  The dissent agreed, relying on Buckman’s holding that the “relationship between a federal agency and the entity it regulates is inherently federal in character because the relationship originates from, is governed by, and terminates according to federal law.”  Id. at 2006.  Thus we find in Whiting (in more than one of its multiple opinions) additional support for a broad reading of Buckman as applicable to all communications with all federal agencies.

Finally, Buckman has also been cited solely in dissents and concurrences.  In Thompson v. Western States Medical Center, 535 U.S. 357 (2002), Justice Thomas’ dissent cited (“cf.” again) Buckman for an extremely broad proposition − that “flexibility” is “necessary if FDA is to pursue difficult (and often competing) objectives.”  Id. at 389.  It’s only one justice, but again Buckman is recognized as standing for a proposition much more extensive than what to do with a peculiar type of claim.  In Sorrell v. IMS Health Inc., 131 S.Ct. 2653, 2678 (2011), Buckman was also cited by the dissent (once again as a “cf.”), this time for its discussion of off-label use.  That’s a more limited issue, but still one that’s not limited by any particular claim.

What we make of all this is that, on several occasions − in Mensing, Whiting, and Arizona for sure, and to a lesser extent in Levine − the Supreme Court has had occasion to comment upon what its holding in Buckman was all about.  In those cases, Buckman has been described as relating to state-law-based evaluation of the communication between a regulated person (including but not limited to drug/device manufacturers) and its federal regulating authority (including but not limited to the FDA).  In no case has the Supreme Court held, described, or suggested that Buckman is somehow limited to how a plaintiff denominates such a claim in his/her pleadings.  In sum, there’s no support in any Supreme Court case for the rationale followed by the Second Circuit in the Desiano case, and only Justice Roberts’ unfortunate recusal prevented the Supreme Court from tossing it then and there.

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Posted By Bexis to Drug and Device Law at 8/31/2012 05:43:00 PM

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PLEASE RESPOND TO kiran.vedala@adventglobal.com

 

Location MN

Duration: Long Term

SQL DBA, SQL installation and Upgrades, T-SQL

 

 

PLEASE RESPOND TO kiran.vedala@adventglobal.com

 

Thanks

Kiran

Advent Global Solutions

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Hi Partners,

Kindly let me know if you have any consultant for the following position.

 

Please respond back with an updated resume and all inclusive rates to recruiter@burgeonits.com

 

Position: Sr. BODS consultant with ADP, Adapter.

Location: Los Angeles, CA

Duration: Long term contract (1 plus year)

 

Strong Data Services Knowledge

Data services running on Linux

Experience with sales force CRM adapters.

 

Details of the requirement:

 Data Warehouse design

* SQL queries, functions, and stored procedures

* SQL performance tuning

* Defining/implementing Data Services architecture using best practices

* ETL using Data Services..

* Experience on Data Services, ADP, Adapter.

* Experience supporting, developing and tuning ETL solutions in a data warehouse environment

* ETL strategy to include the development methodology, framework, and governance

* Strong communicator (written and verbal)

* Experience with Oracle 10g and 11g database

 

Desired Skills:

* Universe Design using best practices and industry standards

* Universe Security

 

Kindly send me resume along with contact details.

 

Thanks & Regards

 

Mike
Burgeon IT Services LLC
Ph: 302-220-4724

FAX: 302-355-1559
Email: recruiter@burgeonits.com
Website: www.burgeonits.com

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Direct Client Need

Salesforce Developer
Sanfrancisco,CA
Duration: 6+ Months
Rate: $55/hr c2c

Salesforce Developer
Force.com,MVC Concepts,SQL /SOQL,SOAP/REST webservices
Salesforce force.com platform, Visualforce & Apex Code,Web 2.0 techniques and standards
Extensive Software development expertise, Salesforce CRM,Force.com platform, Agile methodology,multi tasking,self motivated.
CRM expertise.


Thanks.

-
Mayank Sharma
IDC Technologies Inc.
Ph: 408-852-7193
Email: mayank@idctechnologies.com
GTalk: mayank.cts@gmail.com

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Please contact lina@tansoncorp.com for more info.

Job Title: Genetic Stats/Bioinformatics Sys Pgmr
Job Location: Rochester, MN
Job Duration: 06 Months(contract)
Pay Range: Open

Job Description:


Description of Services:
Systems programmer for Statistical Genetics and Bioinformatics
Development

Primary responsibilities include working as part of a team to provide
application development and support for Statistical Genetics and
Bioinformatics unit, including analysis, tooling and genomics
infrastructure. Specific duties would include:

•Write Java programs to generate genome-wide datasets for statistical
genetics
•Migrate existing workflows to new architectures
•Automate tasks using shell scripting or Java
•Interface to the Sun Grid Engine
•Produce documentation such as systems requirements, architectural
designs, and plans.
•Work with various technologies to develop software solutions as part
of research infrastructure.

Basic Qualifications:
•Bachelors degree in computer science, information systems,
engineering or related field plus two years of experience. A
combination of education and experience may be considered.
•Excellent Java skills
•Skills in common life sciences scripting languages such as Perl or
Groovy
•Knowledge of InforSense a plus
•Proficiency in Unix and Linux
•Knowledge of system design principles, software development
methodologies, and computer programming
•Knowledge of Systems Architecture
•Willing to work in a team environment as well as being comfortable
working independently with minimal supervision.
•Highly motivated and willing to learn and implement leading edge
technologies.
•Possess excellent analytical, problem-solving, and technical design
skills
•Excellent oral and written communication and interpersonal skills
along with analytical, problem-solving, and technical design skills.

Must have 3-5+ years of exp creating & testing Java apps, preferably
to support Statistical Genetics & Bioinformatics. Require Java,
UNIX, shell scripting, scripting is required. Experience in
Statistical Genetics & Bioinformatics is desired.

Required/Desired Skills:-

unix Required 3 Years

Java Required 5 years

Scripting Language (Ruby,Perl, etc Required 3 years

Genomics Domain Experience Highly Desired 1 years

Bioinformatics/Genomics Domain Experience Highly Desired 1 years

Sun Grid Engine Required 1 years

Perl Requried 3 years


Please complete the following and send back with your updated resume.
Full Name:
Hourly rate:
Day Phone #:
Evening Phone #:
Cell Phone #:
Availability:
Current City/State:
Work Status (US Citizen / Green Card / Others):


Tanson is EOE/AA

Tanson Corp. is a Minnesota based Technology Company offering
competitive services in IT consulting and staff augmentation,
providing technology staffing, consulting, and project-based services
in onsite, offsite and offshore environments. To view all our
positions take a look at "Careers" at www.Tansoncorp.com


Follow us:
www.facebook.com/TansonCorp
twitter.com/#!/tansoncorp
www.linkedin.com/company/tanson-corp

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send resumes to sameer@itbtalent.com

Job Title: C++ Developer
Location: Washington D.C
Duration: 6+ Months contract
 
Required:
Five plus years utilizing C/C++ within the Windows environment
Strong debugging and problem solving skills
nowledge of software engineering fundamentals including design and analysis of computational algorithms, data structure design, and implementation, documentation and testing
Excellent verbal and written communication skills
Ability to work in a team environment
Self-motivated and eager to take on new challenges


Please send resume to sameer@itbtalent.com

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Position Title: Weblogic Admin

Location:              Chicago, IL

Duration:             12 Months+

Best Rate:           $45/hr on C2C. (MAX)

 

Job Description:

1)      Production Support – Middleware

2)      Trouble shooting and problem solving skills

3)      Good administration knowledge of Weblogic Application Server [ Weblogic 8x/9x/10x ]

4)      Administration knowledge on Web servers [ preferably Apache HTTP Server ]

5)      Sound knowledge in Unix/Solaris

6)      Develop and maintain Unix shell scripts

7)      Shell Scripting

 

 

 

Thanks and Regards,

 

Pramod Kumar | Dominion Technology Service Corp |D: 804-859-7030| F: 804-237-0486|

3900 Westerre Parkway, Suite 300, Richmond, VA 23233

E-Mail: pkumar@dtscinc.com | Gtalk: pramodkumar79 | Yahoo: pramodkumar79 |Joining Our VMS

P Please consider the environment before printing this e-mail
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

 

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Please send resumes to praveen@addonusa.com

Senior Cognos Developer

Location: Central Wisconsin

Duration: 6 + Months

 

They need to know Cognos 10.1 and be a Senior Developer. We have an exclusive on this opening and it is for an immediate start.

--

Please do let me know if any one fits for this position

Thanks & Regards

Praveen Kumar

Technical Recruiter | Addon Technologies | Website: www.addonusa.com

phone: 734-956-4737 ext-168 | Fax: 734-418-2603 | email: praveen@addonusa.com|

N . Laurel Park Drive, Suite #513, Livonia, MI-48152.

The Lord is my rock, and my fortress, and my deliverer; my God, my strength, in whom will trust. Psalm 18:2

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send resumes to sameer@itbtalent.com

Job Title: Android Application Developer
Location: Charlotte, NC  and SFO, CA
Duration: 6 Months contract
 
Required:
3-6 years Experience
Experience in android based application design and development, web services
Very Good development experience/knowledge in application development
Java / J2EE and iOS experience is a bonus

Please send resume to sameer@itbtalent.com

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Hi…,

 

Please do send the resume to rajsandy@addonusa.com to the given below requirement.

 

Senior Cognos Developer

Location: Central Wisconsin

Duration: 6 + Months

 

They need to know Cognos 10.1 and be a Senior Developer. We have an exclusive on this opening and it is for an immediate start.

 

 

Thanks & Regards....,

Raj sandy

Addon Technologies.

734-956-4737 Ext 175

Fax:734-418-2603

rajsandy@addonusa.com

Yahoo IM: sandyraj14389addon@yahoo.com

Gmail: sandyraj14addon@gmail.com

My God shall make my way prosperous and will give me good success.

Josh 1:8

 

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send resumes to sameer@itbtalent.com

Job Title: IT Delivery Leads Consultant
Location: Newark, NJ
Duration: 6-12 Months contract(possible extension)
 
Required:
10+ years of related IT work experience preferably in the health insurance industry
Excellent Communication(verbal and written)
Ability to plan and drive team; Requires skillful project execution experience and knowledge
Liaison with Multi-Vendor teams
SDLC Methodologies, Software Engineering Processes; Requires knowledge of programming, development, and technical architecture
Health care Basics
PMP Certified preferred

Please send resume to sameer@itbtalent.com

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Dear Associate,
Please check the below requirement and advise us the right consultant's along with Rate, Availability, Contact Details, Current Location & Visa Status.
It's an immediate requirement please sent me the suitable resumes ASAP. Please make sure the candidate has all the required skills.

For immediate response please send me your consultant profile to
murali.neela@panzersolutions.com

Job Title: Web Developer
Location: Cupertino;CA
Duration: Long Term Contract
Rate: $40/hr on C2C

//////// Need Local or Near by only ////////

Required Skills:
5+ yrs of Strong HTML, HTML 5 and JavaScript (AJAX, DOM, JSON) and Java skills 
CSS, XML experience 
Strong Web 2.0 knowledge and experience 
Very creative User Interfacing experience 
Expert knowledge in responsive design, mobile platforms, cross-browser capabilities and coding techniques.
Knowledge and experience on performance, accessibility and usability.
Highly competent with user interface  and the intricacies of web site design for complex information or functionality.
Proficient in analyzing software requirements and documenting technical specifications for web applications / services 
Experience with the full software development life cycle, including design, testing, deployment, and documentation activities 
Experience in developing new systems and maintaining existing systems 
Client-focused attitude with excellent communication skills, both written and verbal 
Committed team player with positive winning attitude 
Ability to work within a team and work independently 
 
Thank you for your time and look forward to work with you. 

Warm Regards,
Murali Neela
murali.neela@panzersolutions.com
 

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