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Monday, October 31, 2022

TikTok Blocks Z-Library Hashtag Pending Piracy Investigation - TorrentFreak

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Publishers and authors are not happy with Z-Library, an online repository offering millions of pirated books for free download. The site's userbase is growing rapidly, in part helped by TikTok users' viral videos. Following a recent complaint from the Authors Guild, TikTok has banned the hashtag #zlibrary pending further review. But will that help?

tiktokWhile movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues.

Pretty much every book ever written is available online for free, including through so-called ‘shadow libraries’.

Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles. This has attracted a steady userbase and many millions of monthly visitors.

All books can be accessed at no cost but Z-Library also accepts donations. These donations provide a month of access to a variety of additional features, including more search results and the option to send books to the Kindle ebook reader.

zlibrary full

Publishers and authors are not happy with the site and are actively trying to limit its exposure. Just recently, publishers won a site blocking order in France and they regularly target the site with takedown notices as well.

Z-Library was also mentioned in several recommendations to the US Trade Representative’s overview of notorious piracy markets. In some instances, third-party platforms such as TikTok were called out as well.

According to the Authors Guild, Z-Library has emerged as a vastly popular, high-volume source of illegal ebook downloads in recent years. This growth is facilitated by users who openly advertise the site on social media, TikTok included.

“The hashtag #zlibrary on popular social media platform TikTok has 4 million views, in reference to the countless videos posted by college and high school students and others across the world promoting it as the go-to place for free ebooks,” the Guild writes.

The USTR submission provides a detailed overview of the site and also contains comments from writers. They include NYT-bestselling author Sarina Bowen, who highlights TikTok’s ‘role’ in popularizing book piracy.

“Z-Library is killing us. A book we release in the morning is up on Z-library by lunchtime. All my books are up there,” Bowen says. “This isn’t the only site that hurts us, but it’s the site that keeps showing up in Tiktok videos.”

TikTok Responds

TikTok is not happy with this characterization. While the Authors Guild doesn’t recommend branding the platform as a notorious market, the social media platform responded to these and other rightsholder complaints in a letter to the USTR.

The Chinese company stresses that it takes the concerns of intellectual property owners seriously. It has procedures in place to prevent piracy and counterfeiting and has taken action in response to the Z-Library complaint.

TikTok says that it’s not doing anything wrong and like other online platforms, responds to takedown notices from rightsholders. The company says it also ‘bans’ problematic hashtags and after the Authors Guild complaint, #Zlibrary was blocked on the platform.

“Reducing user discoverability of content that violates our Community Guidelines is of paramount importance. Accordingly, TikTok proactively blocks search results for terms that violate our Community Guidelines, including terms that relate to counterfeit goods such as #designerdupe and #designerreplicas.

“We also recently blocked search results for #zlibrary while our team assesses content associated with that hashtag,” the platform explains.

hashtag

Indeed, at the time of writing TikTok users will no longer find any content under the popular hashtag. This is a clear statement by TikTik but unlikely to prove effective against the constant stream of Z-Library videos.

In fact, TikTok’s Z-Library “discovery” page remains online and with 1.5 billion views, that’s getting a lot more exposure than the hashtag ever managed. In addition, Z-Library searches will return plenty of content as well.

This doesn’t mean that TikTok is doing anything wrong from a legal perspective. Similar videos appear on other sites as well, including Instagram, YouTube, Twitter and elsewhere.

In its letter to the USTR, TikTok reiterates that it will take action when rightsholders report problematic activity. The Authors Guild doesn’t dispute that, but it would like to see more proactive anti-piracy measures.

The good news for the authors is that not all TikTok users are soulless pirates. When searching for Z-Library, one can also find people questioning the ease at which others promote piracy.

A copy of the Authors Guild submission to the USTR is available here (pdf) and TikTok’s response can be found here (pdf)

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TikTok Blocks Z-Library Hashtag Pending Piracy Investigation - TorrentFreak
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Pending weather moves GHS football to Thursday night - Guthrie News Page

The Guthrie Bluejays will conclude the football regular season a day earlier than expected when they travel to Shawnee on Thursday.

The weather forecasts are calling for rains and perhaps some potential storms Friday evening.

Both Guthrie and Shawnee agreed to move the game to Thursday, Nov. 3.

The game remains in Shawnee and the kickoff is set for 7 p.m.

The game will be streamed live on GNP TV.

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Pending weather moves GHS football to Thursday night - Guthrie News Page
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Sunday, October 30, 2022

Martha Islasacosta — PENDING – InkFreeNews.com - inkfreenews.com

Martha Islasacosta, Warsaw, passed away at Kosciusko Community Hospital on Saturday, Oct. 29, 2022, at the age of 62.

Titus Funeral Home and Cremation Services, Warsaw, is handling arrangements.

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Saturday, October 29, 2022

Charges pending as influencer hits golf ball (and loses driver) into Grand Canyon, forcing National Park Service to ask silly question - Yahoo Sports

After knocking a golf ball into the Grand Canyon and appearing to lose her driver, an influencer who posted a video of the episode on TikTok now has charges and a court appearance pending.

That led to the National Park Service posting what appears to be a silly, but apparently necessary question on social media:

Do we really need to say, ‘don’t hit golf balls into the Grand Canyon?’

According to a post from the NPS:

On October 26, an individual posted a video to her personal TikTok page showing her hitting a golf ball and throwing a golf club into the canyon near Mather Point. Members of the public helped identify the individual’s social media account.

On October 27, Grand Canyon Law Enforcement identified, located and contacted the individual responsible for the incident. Charges and a court appearance for the individual are pending.

The video was initially posted on TikTok and has since been pulled down, but was preserved on Reddit.

The canyon is 277 miles long and varies from 4 to 18 miles wide. The Colorado River cuts more than a mile deep at points. Myriad side canyons form other worlds, some filled with lush vegetation, others relentlessly arid landscapes.

So while it might seem like the space is vast, NPS went on to explain why this is unacceptable.

Throwing objects over the rim of the canyon is not only illegal but can also endanger hikers and wildlife who may be below.

List

Golfweek's Best 2022: Top public and private golf courses in Arizona

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Story originally appeared on GolfWeek

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Charges pending as influencer hits golf ball (and loses driver) into Grand Canyon, forcing National Park Service to ask silly question - Yahoo Sports
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Friday, October 28, 2022

Jana Elementary students to attend different Hazelwood School District schools, testing pending - KMOV4

ST. LOUIS, Mo. (KMOV) - The Hazelwood School District announced Friday that students who attend Jana Elementary School will be transferred to five other elementary schools in the district.

The district recently decided to close Jana Elementary while the U.S. Army Corps of Engineers does new testing after an outside report by Boston Chemical Data Corp showed unsafe levels of radioactive contamination inside and outside the school. It concluded that radioactive waste was found in dust in classrooms, the kitchen, the library and the HVAC system, and radioactive waste was also found outside on the surface of a playground and ballfields.

The radioactive waste is from runoff from when World War II bombs were built in the area. The runoff affected areas along Coldwater Creek, where Jana Elementary is located.

The Corps of Engineers is the federal group that conducted a series of tests dating back to 2018, but none of the tests happened inside the school or in the immediate vicinity outside of the school. The new testing by the Corps of Engineers includes sampling inside the school and the immediate area outside.

“Public safety is our top priority. Our team has the right expertise and experience to complete this work,” said Col. Kevin Golinghorst, St. Louis district commander with the U.S. Army Corps of Engineers, in a news release. “We are making steady progress in our structure and soil investigations across the entire property. We owe it to the public and the parents, children and staff of Jana Elementary school to make informed decisions and take effective actions using accurate data.”

“I think another test from an outside group that does not have existing contracts or ever had contracts with the Army Corps of Engineers/Department of Energy is absolutely vital,” said Jana Parent Teacher Association president Ashley Bernaugh.

Jana Elementary students will be placed in Barrington Elementary, Brown Elementary, Coldwater Elementary, McCurdy Elementary or Walker Elementary.

“There’s going to be a lot more disruption to those five different schools that I don’t think is being talked about,” Bernaugh said.

Bernaugh said there are two viable options for Jana elementary school students; the second floor of Arrowpoint Elementary or at the Hazelwood Opportunity Center.

On Friday the school district said it acknowledged other options but stated sending Jana students to other Hazelwood District elementary schools is the best decision due to the unpredictability of what will happen. Basically, having students in already functioning schools provides more stability.

The Corps of Engineers said its testing from inside and outside the school should be wrapped up in about two weeks, then the Department of Energy will review the findings.

Parents will learn what school their children are attending by mid-November. Former Jana students will start at their new schools the week after Thanksgiving.

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Jana Elementary students to attend different Hazelwood School District schools, testing pending - KMOV4
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Pending notice: Eugene Norman Dennis, 81 - Austin Daily Herald - Austin Herald

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Pending notice: Eugene Norman Dennis, 81 - Austin Daily Herald  Austin Herald
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Pending notice: John Cosgrove, 74 - Austin Daily Herald - Austin Herald

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Pending notice: John Cosgrove, 74 - Austin Daily Herald  Austin Herald
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Thursday, October 27, 2022

Father of dead infant out on bond, investigators say toxicology reports pending - WIS News 10

COLUMBIA, S.C. (WIS) - The biological father of an infant that was found dead after he allegedly made threats is out on bond. Newberry County Sheriff Lee Foster said Colie Dawkins was released from jail on a $20,000 surety bond Wednesday.

Dawkins was arrested Monday after investigators said he made threats toward the child, Legacy, during a domestic dispute with her mother. The 38-year-old man was located after SLED was contacted and a deputy found his vehicle at around 2 a.m. in the Prosperity area of Newberry County.

Legacy was found unresponsive and attempts to revive her were unsuccessful. She was pronounced dead at the Newberry Memorial Hospital. Dawkins was charged with unlawful conduct towards a minor.

Foster said toxicology reports for the child are still pending.

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Father arrested in Newberry County, child dead after threats

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Redfin Reports Pending Home Sales Fall 35%, Largest Drop in at Least Seven Years - Redfin - Investor Relations

Fewer homes are pending sale than in any October since at least 2015. Six metro areas are now experiencing year-over-year price decline.

SEATTLE--(BUSINESS WIRE)-- (NASDAQ: RDFN) —U.S. pending home sales fell 35% year over year during the four weeks ending October 23, according to a new report from Redfin (redfin.com), the technology-powered real estate brokerage. That represents the largest annual decline and the fewest homes under contract in any October since at least 2015, when Redfin's weekly housing market records began.

"Until this month, the pullback in the housing market could be described as something of a return to pre-pandemic conditions before sub-3% mortgage rates ignited a homebuying frenzy in 2020 and 2021," said Redfin Deputy Chief Economist Taylor Marr. "But now both mortgage purchase applications and pending sales are below 2018 levels. A four-year setback is a serious correction. With mortgage rates still elevated, we are in for further sales declines, but those should eventually bring price relief to those who need to move this winter."

"Every set of market conditions comes with its own tradeoffs," said Sacramento Redfin real estate agent Michael Cendejas. "In the spring, buyers had to race and wager over homes that flew off the market within a week. Today, many homes are staying on the market for a month or two. While mortgage rates are much higher now, buyers have the opportunity to negotiate. We've gotten sellers to agree to a lower price and to provide a credit, which enables the buyer to buy down their mortgage rate to below 6%."

Leading indicators of homebuying activity:

  • For the week ending October 27, 30-year mortgage rates rose to 7.08%.
  • Fewer people searched for “homes for sale” on Google. Searches during the week ending October 22 were down 28% from a year earlier.
  • The seasonally adjusted Redfin Homebuyer Demand Index—a measure of requests for home tours and other home-buying services from Redfin agents—declined 11% in the past four weeks to its lowest point since May 2020. The index was down 35% year over year.
  • Touring activity as of October 23 was down 27% from the start of the year, compared to a 7% increase at the same time last year, according to home tour technology company ShowingTime.
  • Mortgage purchase applications during the week ending October 21 were down 2% week over week, seasonally adjusted, to the lowest level since 2014. Purchase applications were down 42% from a year earlier.

Key housing market takeaways for 400+ U.S. metro areas:

Unless otherwise noted, this data covers the four-week period ending October 23. Redfin’s weekly housing market data goes back through 2015.

  • The median home sale price was $365,725, up 5% year over year, but down 7% from a record high of $392,250 in June.
  • Home-sale prices fell from a year earlier in six U.S. metro areas: Prices declined 5% year over year in San Francisco, 3% in Lake County, IL, 2% in Oakland, CA and less than 1% in San Jose, CA, Philadelphia and Frederick, MD.
  • Among metro areas with at least 500 pending sales during the period, pending sales fell the most from a year ago in Los Angeles (-59%), Las Vegas (-56%), Miami (-50%), Seattle (-50%), Jacksonville, FL (-48%) and Portland, OR (-46%).
  • The median asking price of newly listed homes was 8% higher than a year ago at $377,225, but down 7% from a record high of $399,975 in May.
  • The monthly mortgage payment on the median-asking-price home climbed to a record $2,542 at the current 7.08% mortgage rate, up 48% from $1,712 a year earlier, when mortgage rates were 3.14% and up from a recent low of $2,187 during the four-week period ending August 14.
  • Pending home sales were down 35% year over year, the largest decline since at least January 2015, as far back as this data goes.
  • New listings of homes for sale were down 21% from a year earlier, the largest decline since May 2020.
  • Active listings (the number of homes listed for sale at any point during the period) were 4% above a year earlier but fell 1% from the prior four-week period.
  • Months of supply—a measure of the balance between supply and demand, calculated by dividing the number of active listings by closed sales—increased to 3.1 months, the highest level since June 2020.
  • 34% of homes that went under contract had an accepted offer within the first two weeks on the market, little changed from the prior four-week period but down from 40% a year earlier.
  • 23% of homes that went under contract had an accepted offer within one week of hitting the market, little changed from the prior four-week period but down from 28% a year earlier.
  • Homes that sold were on the market for a median of 34 days, up a full week from 27 days a year earlier and the record low of 17 days set in May and early June.
  • 29% of homes sold above list price, down from 44% a year earlier and the lowest level since February 2021.
  • On average, a record 7.9% of homes for sale each week had a price drop, up from 3.8% a year earlier.
  • The average sale-to-list price ratio, which measures how close homes are selling to their final asking prices, fell to 98.9% from 100.5% a year earlier. This was the lowest level since August 2020.

To view the full report, including charts, please visit: https://www.redfin.com/news/housing-market-update-pending-home-sales-record-decline/

About Redfin

Redfin (www.redfin.com) is a technology-powered real estate company. We help people find a place to live with brokerage, instant home-buying (iBuying), rentals, lending, title insurance, and renovations services. We sell homes for more money and charge half the fee. We also run the country's #1 real-estate brokerage site. Our home-buying customers see homes first with on-demand tours, and our lending and title services help them close quickly. Customers selling a home can take an instant cash offer from Redfin or have our renovations crew fix up their home to sell for top dollar. Our rentals business empowers millions nationwide to find apartments and houses for rent. Since launching in 2006, we've saved customers more than $1 billion in commissions. We serve more than 100 markets across the U.S. and Canada and employ over 6,000 people.

For more information or to contact a local Redfin real estate agent, visit www.redfin.com. To learn about housing market trends and download data, visit the Redfin Data Center. To be added to Redfin's press release distribution list, email press@redfin.com. To view Redfin's press center, click here.

Redfin Journalist Services:
Kenneth Applewhaite, 206-588-6863
press@redfin.com

Source: Redfin

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Redfin Reports Pending Home Sales Fall 35%, Largest Drop in at Least Seven Years - Redfin - Investor Relations
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Google Play in EU antitrust sights as Android fine appeal pending - Reuters

BRUSSELS, Oct 27 (Reuters) - Alphabet (GOOGL.O) unit Google's Google Play Store is the target of an EU antitrust investigation, the company said in a regulatory filing, a move that could expose the U.S. tech giant to another billion-euro fine.

Over the last decade, Google has incurred 8.25 billion euros ($8.24 billion) in EU antitrust fines following three investigations into its business practices.

"In May 2022, the EC (European Commission) and the CMA (Britain's Competition and Markets Authority) each opened a formal investigation into Google Play's business practices," Google said in a quarterly earnings filing dated Oct. 25.

The European Union antitrust watchdog declined to comment.

EU antitrust regulators are investigating whether Google's threat to remove apps from its Play Store if app developers use other payment options instead of its own billing system has hurt the developers, two people familiar with the matter told Reuters in August.

Fees charged by Google and Apple (AAPL.O) at their mobile app stores have drawn criticism from developers who say they are excessive.

Separately, Google said on Thursday it will appeal its record 4.1-billion-euro EU antitrust fine at Europe's top court after a lower tribunal threw out its challenge last month.

The Luxembourg-based General Court broadly backed the Commission's 2018 decision but pruned the fine to 4.125 billion euros from 4.34 billion euros.

Judges agreed with the European Union competition watchdog that Google had imposed unlawful restrictions on manufacturers of Android mobile devices and mobile network operators to consolidate the dominant position of its search engine.

"We are preparing our appeal. The deadline for the court is Dec. 1," a Google spokesperson said.

The company can only appeal on matters of law to the Luxembourg-based Court of Justice of the European Union.

The bloc is boosting its antitrust power with new landmark tech rules curbing online gatekeepers, companies which control access to their platforms and data there, with which the companies will have to comply in the first quarter of 2024.

($1 = 0.9990 euros)

Reporting by Foo Yun Chee Editing by Tomasz Janowski, Barbara Lewis and Susan Fenton

Our Standards: The Thomson Reuters Trust Principles.

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Wednesday, October 26, 2022

NCGA Calls for USTR to Act on Mexico's Pending Decree on Corn Import - newsdakota.com

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NCGA Calls for USTR to Act on Mexico's Pending Decree on Corn Import  newsdakota.com
NCGA Calls for USTR to Act on Mexico's Pending Decree on Corn Import - newsdakota.com
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Coroner: Millstone Drive woman’s manner of death pending - Fort Wayne's NBC

FORT WAYNE, Ind. (Fort Wayne’s NBC) - The Allen County Coroner’s office has identified a woman that was found shot inside her home in the 11700 block of Millstone Drive Saturday afternoon.

The coroner’s office says 56-year-old Elizabeth Ann Kincaid from Fort Wayne, died from a gunshot wound to the chest, after an autopsy. Kincaid’s manner of death is pending investigation.

The shooting is under investigation by the Fort Wayne Police Department, the Allen County Prosecutor’s Office and the Allen County Coroner’s Office.

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Tuesday, October 25, 2022

Coroner: Examination Pending to Determine Actor Leslie Jordan's Cause of Death in Hollywood Crash - Times of San Diego

After Whidbey Crash, NTSB Wants Otter Seaplanes Grounded Pending Inspection - Aviation Pros

SEATTLE — The federal agency investigating the September seaplane crash off Whidbey Island said Monday that its experts have identified a potential cause of the deadly accident and called for similar planes to be grounded until they are inspected.

“We’re concerned that another plane could crash as a result of something similar,” said Jennifer Homendy, chair of the National Transportation Safety Board, the agency investigating the Sept. 4 crash that killed 10 people. “Right now, the focus has to be (on) what could contribute to a further tragedy in the future.”

However, the NTSB cannot order the grounding of the de Havilland Canada DHC-3 Otter turboprops. That authority resides with the Federal Aviation Administration, which has not yet issued a directive.

When investigators examined the wreckage of the crashed plane, they found that a critical component that moves the plane’s horizontal tail had come apart. In a lab examination last week, the NTSB determined the part had come apart prior to impact.

Its failure could lead to loss of control and send a plane into a nose dive, which is what dozens of witnesses reported seeing.

The detail in the NTSB update strongly suggests a possible maintenance oversight.

David Gudgel, chief operating officer of local operator Kenmore Air, said his company was made aware of the vulnerability last week and immediately grounded its fleet of 10 Otters. All inspections were then quickly completed without a break in service, he said.

Homendy said the agency issued its investigation update to get the word out to all companies flying the Otter to “make sure that they are inspected immediately before they operate these planes again.”

The DHC-3 Otter that crashed was operated by Renton-based Friday Harbor Seaplanes. This aircraft is an aging workhorse of the Puget Sound air transportation system that routinely flies tourists and commuters to the San Juan islands and Canada.

It was first built in the 1950s and a total of 466 were produced through 1967. Today, only 65 Otters remain flying in the U.S. and 160 worldwide.

The NTSB is working with Viking Air of Canada, which took control of the Otter’s maintenance and certification requirements, on a service bulletin that will go out to all operators of the airplane with detailed inspection instructions.

Doug Brazy, the NTSB investigator in charge of the Whidbey crash, said he expects that letter to be approved and sent out “sometime this week” and that it will likely have urgent wording recommending that the inspections be completed before further flight.

In a statement, the FAA said the agency is in close communication with Transport Canada, which certified the Otter, and Viking Air.

“The FAA will take appropriate action based on the manufacturer’s service bulletin and any associated actions from the Canadian authorities,” the statement said.

Kenmore Air, with all its Otters having already passed inspection, on Monday afternoon was offering tickets for a scenic tour of the San Juan Islands from its Lake Washington base aboard an Otter.

A critical component comes apart

The component that NTSB investigators found had come apart is an actuator that swivels the horizontal tail — also called the stabilizer — to control the pitch of the airplane.

A cable from the cockpit wraps around the barrel of the actuator, providing the mechanical connection between the stabilizer and the pilot.

This component coming apart “during flight would result in a free-floating horizontal stabilizer, allowing it to rotate uncontrollably … about its hinge, resulting in a possible loss of airplane control,” the NTSB update said.

The seaplane crashed into Puget Sound just off Whidbey Island about half an hour into a flight from Friday Harbor to Renton. The pilot and all nine passengers were killed.

The investigators said that when the wreckage was retrieved, the upper portion of the actuator was found still attached to the horizontal stabilizer while beside it, but disconnected, the lower portion was “attached to its mount in the fuselage.”

They said the separation of this component occurred when a clamp nut that should have been fixed in place by a circular wire lock ring unthreaded and rotated.

NTSB’s Homendy said the separation of the actuator almost certainly didn’t happen as a result of the impact. If that were the case, the threads on the clamp nut and inside the barrel of the actuator would have been stripped, she said.

The fact that the threads were intact suggests instead that it separated because the clamp nut and lock ring were not securely fastened.

The NTSB said that while the lock ring was not located in the wreckage, they found that three of five holes drilled in the clamp nut to accept the lock ring were damaged “such that they would not allow for the full insertion of the lock ring.”

“This suggests that it may be possible for a lock ring to be partially installed … not fully seated in a hole in the clamp nut,” the NTSB said. “Further, it might be difficult to visually determine if the lock ring is fully engaged in the clamp nut hole” depending on conditions such as lighting, viewing angle and the presence of dirt or grease.

Homendy said one possibility is that the clamp nut “was not screwed in at all.” Or, she said, it could also have been partially screwed in but not fully secured with the lock ring.

The most recent overhaul of the plane’s horizontal stabilizer actuator was completed April 21. Homendy said that during this major maintenance event, mechanics would have taken the actuator assembly apart and put it back together.

“At this time, the NTSB does not know whether the lock ring was installed before the airplane impacted the water or why the lock ring was not present during the airplane examination,” the update said.

Brazy, the investigator in charge, said he hasn’t yet seen the maintenance records for that specific task.

He said the NTSB priority is to get the word out quickly about this vulnerability and that afterwards they will comb through the maintenance records to find out what happened.

Hommendy said the agency has not officially determined the probable cause of the crash and is still looking at other components of the plane, maintenance records and meteorology. Initially, the NTSB estimated the full investigation could take up to two years to complete.

In coordination with Transport Canada, the NTSB has asked Viking to draft instructions for all DHC-3 operators to inspect the actuator to ensure that the lock ring is in place and properly engaged to prevent unthreading of the clamp nut.

Witnesses who saw the plane nose dive into Mutiny Bay helped officials identify the crash site. Still, it took over a week and three types of sonar to locate what remained of the plane due to its depth and the current of the channel where the aircraft hit the water before fracturing beneath the surface.

Crews using remotely operated vessels and cranes recovered the majority of the plane’s wreckage from the sea floor more than 150 feet below the surface in late September.

Six bodies have been recovered. Those include the body of 29-year-old Gabby Hanna, which was recovered by witnesses the day of the crash, and five others found during recovery efforts.

Family members of those who have not been recovered are privately contracting remote submersibles to continue searching, since NTSB and Navy crews have stopped recovery efforts.

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©2022 The Seattle Times. Visit seattletimes.com. Distributed by Tribune Content Agency, LLC.

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After Whidbey Crash, NTSB Wants Otter Seaplanes Grounded Pending Inspection - Aviation Pros
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Monday, October 24, 2022

Charges pending against prisoners arrested after 'contained barricade' at Stark County juvenile facility - Cleveland 19 News

MASSILLON, Ohio (WOIO) - Charges are expected to be announced this week for the 12 prisoners arrested this weekend at the Indian River Juvenile Correctional Facility after a “contained barricade.”

Ohio State Highway Patrol troopers were called out to the Massillon facility in the 2700 block of Indian River Road on Saturday, Oct. 22.

After hours of negotiation, troopers said all all were taken into custody just after midnight Sunday, Oct. 23.

Troopers said the incident started around 12:45 p.m. Saturday when an incarcerated juvenile took possession of a staff member’s keys.

The juvenile then began unlocking other cell doors.

According to troopers, the juveniles then barricaded themselves inside the building.

Once barricaded, troopers said the prisoners told them they were in possession of makeshift weapons, as well as a staff computer they used to post videos on social media.

Officials confirmed troopers used pepper spray on the individuals after they declined to voluntarily exit.

The inmates involved in the incident, ranging from 15 to 19 years old, had various previous charges including aggravated assault, kidnapping, aggravated robbery, aggravated rioting and several gun specifications.

No staff or incarcerated were injured in the incident, according to the Ohio Department of Youth Services.

A facility employee told 19 News this is the fourth time an inmate was able to get keys and get outside this month.

“This was unheard of before,” she told 19 News,” and now it’s consistent.”

Officials said the current staff-to-youth ratio at the facility is 24 youth per unit to 2-3 staff per unit at any time on rotating shifts.

Saturday’s incident comes after a guard was assaulted and hospitalized by an inmate on Tuesday. The inmate, identified as Demetrice Taylor, was charged with aggravated robbery, felonious assault, assault and escape.

Damages to the facility will begin to be assessed on Monday, said prison offcials.

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Charges pending against prisoners arrested after 'contained barricade' at Stark County juvenile facility - Cleveland 19 News
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Details pending about Sunday's Middle Creek Fire along Chase, Marion county lines - KVOE

Thankfully, the areawide fire danger is out of the picture for now, but the past few days have seen significant fire activity across several area counties.

The largest fire affecting part of the area developed Sunday, when the so-called Middle Creek Fire started along Kansas Highway 150 between Chase County C Road and Marion County Clover Road. The fire moved to the northeast, driven into areas of rough terrain and poor road networks by winds gusting to 40-60 mph.

Firefighters responded from Marion, Chase County, Cedar Point, Newton, Peabody, Hesston and Harvey County, with air support from the Kansas Forest Service and Ag Air Service. It still took close to eight hours to get the fire controlled, with hot spots under investigation for several hours afterward. All told, the fire burned about 2,600 acres or over four square miles. Marion County has not updated whether there were any injuries or destroyed buildings as part of that fire.

Meanwhile, Lyon County firefighters were busy Sunday as well. Emporia Fire handled a combine fire in the middle of a bean field in the 1400 block of Kansas Highway 99, less than two miles south of Emporia, and did so before it spread to any nearby grasses or crops. The combine is a total loss.

Allen-Admire, Miller and Reading firefighters were called to two fires in northeast Lyon County within 30 minutes of each other Sunday evening, with fires developing near Road 400 and X — the Wabaunsee County line — and near Road 380 and W. Both were contained within 90 minutes of being announced. Causes and damage reports for both fires are pending.

Conditions were increasingly ripe for fire growth through the weekend, with warmer-than-normal temperatures, dry grasses and — at least Sunday — extremely high winds. The Emporia Municipal Airport recorded a 55 mph peak wind gust between 5-6 pm but had several other gusts above 50 mph through the day. The high winds also caused numerous small power outages in Emporia, Virgil and Burlington, according to Evergy.

Fire activity Saturday was minimal, with small fires reported in Chase and Morris counties. No injuries or structure damage was reported with either incident. Several fire departments in Lyon, Coffey and Osage counties responded to a 300-acre grass fire near Reading on Friday.

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Details pending about Sunday's Middle Creek Fire along Chase, Marion county lines - KVOE
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Charges pending against prisoners arrested after 'contained barricade' at Stark County juvenile facility - Cleveland 19 News

MASSILLON, Ohio (WOIO) - Charges are expected to be announced this week for the 12 prisoners arrested this weekend at the Indian River Juvenile Correctional Facility after a “contained barricade.”

Ohio State Highway Patrol troopers were called out to the Massillon facility in the 2700 block of Indian River Road on Saturday, Oct. 22.

After hours of negotiation, troopers said all all were taken into custody just after midnight Sunday, Oct. 23.

Troopers said the incident started around 12:45 p.m. Saturday when an incarcerated juvenile took possession of a staff member’s keys.

The juvenile then began unlocking other cell doors.

According to troopers, the juveniles then barricaded themselves inside the building.

Once barricaded, troopers said the prisoners told them they were in possession of makeshift weapons, as well as a staff computer they used to post videos on social media.

Officials confirmed troopers used pepper spray on the individuals after they declined to voluntarily exit.

The inmates involved in the incident, ranging from 15 to 19 years old, had various previous charges including aggravated assault, kidnapping, aggravated robbery, aggravated rioting and several gun specifications.

No staff or incarcerated were injured in the incident, according to the Ohio Department of Youth Services.

A facility employee told 19 News this is the fourth time an inmate was able to get keys and get outside this month.

“This was unheard of before,” she told 19 News,” and now it’s consistent.”

Officials said the current staff-to-youth ratio at the facility is 24 youth per unit to 2-3 staff per unit at any time on rotating shifts.

Saturday’s incident comes after a guard was assaulted and hospitalized by an inmate on Tuesday. The inmate, identified as Demetrice Taylor, was charged with aggravated robbery, felonious assault, assault and escape.

Damages to the facility will begin to be assessed on Monday, said prison offcials.

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Why Are Tech Companies Expanding to the Recession-Pending U.S.? - Inc.

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Why Are Tech Companies Expanding to the Recession-Pending U.S.?  Inc.
Why Are Tech Companies Expanding to the Recession-Pending U.S.? - Inc.
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Sunday, October 23, 2022

Service pending | News, Sports, Jobs - Warren Tribune Chronicle

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Service pending | News, Sports, Jobs  Warren Tribune Chronicle
Service pending | News, Sports, Jobs - Warren Tribune Chronicle
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Saturday, October 22, 2022

Expedite Pending Trials - India Legal

The issue of criminalisation creeping into our Indian polity has been a topic of debate for a long time. While dealing with a public interest litigation seeking a lifetime ban on convicted politicians from contesting elections, the top court recently directed High Courts across the country to file an affidavit indicating the number of criminal cases pending against MPs and MLAs for a period in excess of five years.

BJP leader and Advocate Ashwini Kumar Upadhyay approached the top court in 2016, seeking a ban for life on politicians contesting elections following conviction in criminal cases by declaring Section 8 of the Representation of the People Act, 1951 as ultra vires of the Constitution. He also sought expeditious trial of cases pending against tainted politicians as well as setting up of Special Courts to try cases against MPs and MLAs.

Section 8 of the Representation of the People Act, 1951, provides for disqualification from contesting elections for a period of six years to persons who have been convicted for not less two years or fined under any of the offences specified in the Section.

The apex court bench comprising Justices DY Chandrachud and Hima Kohli on October 10 also asked High Courts to indicate the number of judges allocated to conduct trials in such cases, the case load per judge and the steps taken to ensure expeditious conclusion of trials in these cases.

The Court also modified its August 10, 2021 order wherein it was directed that prior permission of the Court is necessary for transfer of judicial officers presiding over Special Courts or CBI Courts involving prosecution of MPs or MLAs. The development ensued on a request to that effect made by Senior Advocate Vijay Hansaria, the amicus curiae appointed to assist the Court in the matter. He submitted that a lot of applications were being filed by the respective High Courts seeking permission of the apex court for relieving judicial officers of the charge of the Special Court in the event of their transfer. Pursuant to this, the Court directed that High Courts are at liberty to order transfer of such judicial officers without seeking prior permission of the top court to that effect.

The apex court has been passing a slew of directions in the matter from time to time. In 2017, it directed the government to set up Special Courts to try cases involving political persons in order to expedite disposal of such cases. Accordingly, 12 Special Courts were set up by the government.

In 2018, the Court requested each High Court to allocate criminal cases involving former and sitting legislators to as many Sessions Courts and Magisterial Courts as each High Court may consider proper. This was to ensure effective trial in these cases as a large number of them were pending against law-makers across the country.

In an important direction passed in August last year, curtailing the power of prosecutors to withdraw cases under Section 321 of the Code of Criminal Procedure, 1973, the Court directed that no prosecution against a sitting or former MP/MLA can be withdrawn without the prior sanction of the concerned High Courts. “The power under Section 321, Cr.P.C. is a responsibility which is to be utilized in public interest, and cannot be used for extraneous and political considerations. This power is required to be utilized with utmost good faith to serve the larger public interest,” observed the Court.

In addition, it requested High Courts to examine the withdrawals, whether pending or disposed of since September 2020.

Hearing the petition, the apex court had expressed strong displeasure over trial being pending in cases involving sitting or former legislatures in which a chargesheet was filed as far back as 2000 and directed for rationalising the establishment of Special Courts and expediting pending trials in these cases. The Court also asked the centre to constitute a monitoring committee to evaluate the reasons or delay of investigation in such cases.

In a report submitted by the amicus curiae in the matter, it was highlighted that more and more persons with criminal antecedents were occupying seats in Parliament and state legislatives, with the total number of criminal cases pending against sitting and former politicians rising to 4,984 in December 2021 as against 4,110 in December 2018.

The centre had earlier opposed the plea seeking imposition of a lifetime ban on convicted politicians from contesting elections saying that elected representatives are equally bound by provisions of law in force. “The elected representatives are ordinarily bound by oath that they have taken to serve the citizens of their constituency in particular and country in general. Their conduct is bound by propriety and good conscience. Elected representatives are not above the law and are equally bound by provisions of various statutes in force. Thus, no distinction between public servants and elected representatives,” stated the centre in its affidavit.

In 2018, the Supreme Court in Public Interest Foundation and Ors. vs. Union of India and Anr. ruled that politicians having criminal antecedents cannot be stopped from contesting elections by observing that “though criminalization in politics is a bitter manifest truth, which is a termite to the citadel of democracy, be that as it may, the Court cannot make the law”. The Court, however, asked the Election Commission to publish on its website information pertaining to the criminal antecedents of persons contesting elections to enable wise decision-making and informed choice by citizens.

“The constitutional functionaries, who have taken the pledge to uphold the constitutional principles, are charged with the responsibility to ensure that the existing political framework does not get tainted with the evil of corruption. However, despite this heavy mandate prescribed by our Constitution, our Indian democracy, which is the world’s largest democracy, has seen a steady increase in the level of criminalization that has been creeping into the Indian polity. This unsettlingly increasing trend of criminalization of politics, to which our country has been a witness, tends to disrupt the constitutional ethos and strikes at the very root of our democratic form of government by making our citizenry suffer at the hands of those who are nothing but a liability to our country,” noted the bench headed by Chief Justice of India Dipak Misra.

In 2000, the top court in Association for Democratic Reforms vs. Union of India mandated the disclosure of all information pertaining to the criminality of persons contesting elections to enable citizens to make a “right choice”. “For making a right choice it is essential that the past of the candidate should not be kept in dark as it is not in the interest of the democracy and well being of the country. The antecedents of a person standing for election must be placed under public gaze and that is possible only when all wraps covering information about him are cast away,” observed the Court.

The issue of criminalisation of politics has been a topic of discussion in various committee reports too. The 1990 Goswami Committee Report on Electoral Reforms highlighted the role of money and muscle power in elections in deflecting well-accepted democratic values and ethos. In 1993, the N.N. Vohra Committee was constituted to study the problem of criminalisation of politics and the nexus among criminals, politicians and bureaucrats. The Report revealed that agencies like CBI, IB, R&AW had unanimously expressed their opinion on the criminal network which was virtually running a parallel government.

The 18th Report presented to the Rajya Sabha in 2007 by a Parliamentary Standing Committee also acknowledged the existence of criminal elements in the Indian polity which had hit the roots of democracy. It observed that politics should be cleansed of persons with established criminal backgrounds.

Furthermore, the 244th Law Commission Report said that instead of politicians having suspected links to criminal networks, as was the case earlier, it was persons with extensive criminal backgrounds who began entering politics.

For democracy to survive, it is time for the government to come up with a strategy to ensure that the best person is chosen as the people’s representative for effective governance.

—By Banshika Garg and India Legal Bureau

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Thursday, October 20, 2022

Judge declines to stay Jon Gruden’s lawsuit against the NFL pending appeal of arbitration ruling - NBC Sports

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Jon Gruden officially has more wins this year than the team he used to coach.

Daniel Kaplan of TheAthletic.com reports that the judge presiding over the former Raiders coach’s case against the NFL and Commissioner Roger Goodell has refused to stay the litigation pending appeal of the denial of the league’s effort to force the case into arbitration.

The NFL filed its appeal last week.

Here’s what it means. Barring an immediate appeal of the decision to not stay the case pending the other appeal, the litigation will proceed with the discovery process. Documents and other information will be requested by Gruden. Depositions of key individuals, such as Goodell and Commanders owner Daniel Snyder, will be arranged.

The NFL undoubtedly will try to fight that through any means available, as the league challenges the decision to keep the case out of the secret, rigged, kangaroo court into which the league tries to direct any claims ever made against the NFL and/or its franchises.

One of the most important pieces of information that will come to light if/when the litigation proceeds is the identity of the person who leaked the emails sent to former Commanders executive Bruce Allen.

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Judge declines to stay Jon Gruden’s lawsuit against the NFL pending appeal of arbitration ruling - NBC Sports
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Services pending | News, Sports, Jobs - Warren Tribune Chronicle

MICHAEL BURKHART, 61, of Warren, died Wednesday at St. Joseph Warren Hospital. (Staton-Borowski)

FRANK A. KEELEY, 52, of Niles, died Tuesday at St. Elizabeth Youngstown Hospital. (Holeton-Yuhasz)

ROSE ANN RUDOLPHI, 75, of Austintown, died Tuesday at St. Elizabeth Youngstown Hospital. (Staton-Borowski)

BELINDA SHAFFER, 45, of Youngstown, died Sunday at home. (Staton-Borowski)

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Wednesday, October 19, 2022

Charges pending after infant found dead in Halifax County yard - WDBJ

HALIFAX COUNTY, Va. (WDBJ) - Charges are pending after an infant was found dead in a yard in Halifax County Tuesday.

About 6 p.m. October 18, Halifax County Sheriff’s deputies were called to a home on Hummingbird Lane. Deputies found the infant already dead, according to Sheriff Fred S. Clark.

Investigators have identified the infant’s teen mother and determined the circumstances surrounding the death, but are awaiting a full report from the Medical Examiner’s Office in Richmond to determine charges.

Clark says Halifax County Social Services assisted with the investigation and Black Diamond Search and Rescue provided a cadaver dog to assist the Sheriff’s Office.

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Metro Silver Line 'operationally ready' for passengers by Thanksgiving; safety approvals pending - FOX 5 DC

Metro officials say the long-awaited Silver Line extension to Dulles Airport will be 'operationally ready' for passengers by Thanksgiving and say they are awaiting safety approvals by the Washington Metrorail Safety Commission before moving forward.

The announcement Wednesday comes after the transit system completed two weeks of simulated service on the Silver Line.

Metro leaders say the date for opening now rests with the WMSC regarding a data-driven Return to Service Plan for 7000-series railcars, and a safety certification report of the Silver Line extension.

"We committed for the Silver Line extension to being operationally ready for the Silver Line extension in October, and we have met our deadline," said General Manager and CEO Randy Clarke in a statement.

"Since control of the extension was turned over to Metro, we and our partners at the Airports Authority, Fairfax, and Loudoun have worked diligently to complete all of the steps needed for Metro to offer safe and reliable service for rail travel to Dulles Airport and Loudoun County, and we are just awaiting concurrence from our Safety Commission partners."

Metro's senior safety and operations officials expressed safety concerns last month about moving cars from other lines for new service, and said that more trains were needed to support the extension.

In a letter to Metro Monday, WMSC said it objects to Metro's new Return to Service Plan for the 7000-series rail cars, following Metro's submission of additional data analysis Friday.

Metro says the plan was first submitted on September 28 and was not approved citing "lack of data" to support changing multiple variables at once.

Metro officials say the latest rejection letter offers them confusing direction saying:

- WMSC permits Metro to run trains inspected every seven days on any line, with employees operating and onboard. However, trains inspected every four days are only permitted to run with customers on the Red, Green and Yellow lines;

- The letter indicates that there are differences in the track interface with trains on Blue/Orange/Silver lines that require monitoring, then indicates permission to run on those lines temporarily, but offers no metrics for successful completion;

- The letter implies that Metro could swap axles to increase the fleet; however, that is operationally infeasible and would impact Metro's ability to safely and efficiently manage its fleet, as well as changes many variables at once;

- WMSC approved in December 2021 the use of the 7K fleet on all rail lines, and is now using the same data analysis to justify fleet restrictions, with no definitive root cause identified in the NTSB investigation.

"Metro recognizes the important role safety oversight plays and we are absolutely committed to compliance," said EVP and Chief Operating Officer Brian Dwyer in a statement. "Respectfully, after a year-long investigation, we would welcome a directive based on a root cause finding. Meanwhile, we have developed an industry-leading inspection process in which we have high confidence. At the end of the day, all we're asking is for our customers to be able to ride on the same trains as our employees."

Metro says it needs the WMSC's agreement this week to safely transfer trains into the various yards to support the restoration of service for stations south of National Airport, and to ready trains for the start of passenger service at Dulles Rail Yard.

Additionally, Metro says it needs to align real-time communications systems and finalize other details to support passenger service.

"We have provided all of the available data and analysis we have after safely running 2.7 million miles, however WMSC has provided confusing direction," read a statement from EVP and Chief Safety Officer Theresa Impastato. "We simply ask for clear guidance on what is required to satisfy them as to the integrity of our process."

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Metro Silver Line 'operationally ready' for passengers by Thanksgiving; safety approvals pending - FOX 5 DC
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2024 NFL Free Agency: 6 pending free agents on defense who deserve to get paid | NFL News, Rankings and Statistics - Pro Football Focus

• The consistently elite Chris Jones is primed for a big payday: While ranking behind Aaron Donald for most of his career, Jones has be...