Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

Another Jump in Astrophysics: Early Galaxies Challenging Dark Matter Models, The field of astrophysics has always been rife with surprising discoveries, and the latest findings from cutting-edge telescope data are no exception. Recent observations have cast doubt on some long-held assumptions about the formation of the early universe, leading scientists to question whether our current cosmological models, including the standard ΛCDM (Lambda Cold Dark Matter) model, truly represent the intricacies of cosmic evolution. A Glimpse into Early Galaxies Data from advanced telescopes, like the James Webb Space Telescope (JWST), has shown that early galaxies, formed less than a billion years after the Big Bang, were much larger and more luminous than previously believed possible. According to traditional models, galaxies were expected to grow more gradually, accruing mass and light over billions of years. The revelation that such massive and bright galaxies existed so early in the universe’s history has prompted a reevaluation of the ΛCDM model. The Standard ΛCDM Model: A Quick Overview The ΛCDM model is a mathematical framework that has long been the backbone of Big Bang cosmology. It consists of three main components: A cosmological constant (Λ): This represents dark energy, an enigmatic force driving the accelerated expansion of the universe. Cold dark matter (CDM): Hypothetical matter that does not emit or interact with electromagnetic radiation, explaining the unseen mass that affects gravitational forces on large scales. Ordinary matter: The familiar atoms and particles that make up stars, planets, and everything else visible in the universe. This model is referred to as the standard model of cosmology because it is the simplest and most comprehensive framework that has so far provided a reasonable explanation for a wide range of astronomical observations, from the cosmic microwave background to the distribution of galaxies. Early Challenges and New Theories However, the discovery of unexpectedly large and bright early galaxies implies that our models might be missing key details about the dynamics of the early universe. If galaxies formed so rapidly after the Big Bang, alternative explanations may be necessary. These might include modifications to our understanding of gravitational interactions on cosmic scales or the introduction of new interactions between particles that do not fit into the current ΛCDM framework. Some astrophysicists are exploring models that propose dark matter behaves differently in the presence of extreme conditions, while others suggest entirely new mechanisms that accelerate the process of galaxy formation. These theories challenge the conventional narrative by suggesting that dark matter might not be a universal constant, or that additional factors, such as modified gravity theories, might come into play. The Future of Cosmological Exploration As these observations continue to be studied and debated, it is clear that our current cosmological models may need to be updated or expanded to align with this unexpected data. The insights gained from the JWST and similar telescopes will undoubtedly continue to push the boundaries of our understanding, leading to new theories that could redefine our comprehension of the universe’s origins and its early development. The journey of discovery is far from over, and the universe, as always, holds more mysteries yet to be revealed. Whether these findings lead to small adjustments in the ΛCDM model or prompt the development of entirely new paradigms, one thing is certain: astrophysics is entering an exciting new chapter.

The Vega star system is one of the most studied in astronomy due to its proximity, brightness, and unique characteristics that challenge our understanding of planet formation and stellar evolution. Located just 25 light-years away from Earth in the constellation Lyra, Vega is a blue-white star and the fifth-brightest star visible in our night sky. Here's a breakdown of the most intriguing features of the Vega system: 1. Dust Disk Discovery Infrared Excess: In the 1980s, the Infrared Astronomical Satellite (IRAS) discovered an excess of infrared radiation from Vega, indicating a dust disk around the star. This disk emits infrared radiation as dust particles are heated by Vega's light, suggesting an early model of a protoplanetary or debris disk. Smooth Disk: Unlike other systems like Fomalhaut, Vega’s disk is remarkably smooth, lacking the gaps and rings typically associated with planets disturbing the dust. This smoothness implies that Vega may lack substantial planetary influences or that planets there may be few and more challenging to detect. 2. Potential "Hot Neptune" Astronomers have hypothesized that Vega might host a hot Neptune—a large planet orbiting close to the star, with a mass similar to that of Uranus or Neptune. If present, this planet could slightly perturb the disk, though not enough to create the pronounced structures seen in other systems. 3. Asteroid Belt Analogy Collapse Observations suggest that Vega may contain a large asteroid belt similar to our Solar System's, with a spread-out disk of rocky material. This possible asteroid belt might add to the dust observed around Vega and could provide insights into the early formation phases of planetary systems. 4. Historical and Cultural Significance Former Pole Star: Around 14,000 years ago, Earth's axis pointed toward Vega, making it the northern pole star until approximately 12,000 BC. The star held great significance for ancient civilizations due to its prominence. Name and Mythology: The name "Vega," originally spelled "Wega," comes from the Arabic "Al Nasr al Waki," meaning "Swooping Eagle." Vega is a cornerstone of the Summer Triangle, a prominent asterism for northern hemisphere skywatchers, along with Altair and Deneb. 5. Milestones in Astronomy First Stellar Spectrum: Vega was the first star to have its spectrum recorded in 1850, helping astronomers study stellar composition and temperature. Early Photographic Milestone: It was also the second star, after the Sun, to be photographed, marking a major step in astronomical imaging. 6. Variable Star Characteristics Vega is classified as a Delta Scuti variable, with slight pulsations that cause small changes in its brightness over time. Although minimal, these fluctuations provide valuable data for stellar research and challenge Vega's historic role as a "constant" in brightness. 7. Future Research and Exploration With its dust disk and potential hot Neptune, Vega remains a prime target for studying alternative pathways in planetary system evolution. Optical spectroscopy allows astronomers to analyze parameters such as star formation rates and chemical composition, shedding light on the processes within Vega's disk and its potential for planet formation. 8. Vega's characteristics—its smooth disk, possible planetary companions, and cultural prominence—continue to intrigue astronomers. Future missions and telescopes may reveal more about this iconic star system, potentially uncovering planets or additional features that reshape our understanding of how stars and planetary systems evolve.

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Uranus, the most distant naked-eye object in the Solar System, that has seen by visible to the naked to human eye anyway visible to the naked eye, but it was not discovered in ancient times. So what's going on with this solar system planet?. Discovery by Telescope: Uranus was not officially recognized as a planet until 1781 when astronomer William Herschel observed it through a telescope. Herschel initially thought it was a comet, but after further observation, it became clear that it was a new planet. This was the first planet discovered with a telescope, marking the shift in how we observe the cosmos. Uranus is an example of how astronomical discoveries can be overlooked despite being theoretically visible for centuries, largely due to human perception, observational limitations, and the planet's peculiar characteristics. In astronomy, the naked eye may be used to observe celestial events and objects visible without equipment, such as conjunctions, passing comets, meteor showers, and the brightest asteroids., Sky lore and various tests demonstrate an impressive variety of phenomena visible to the unaided eye.

Barnard's Star the closest single star to the Sun, located about 6 light-years away in the constellation Ophiuchus. It is a red dwarf star, significantly smaller and dimmer than the Sun. While the Alpha Centauri system, which is about 4.37 light-years away, is closer, Barnard's Star holds the title for the closest solitary star. In 2018, an international team of astronomers announced the discovery of a planet orbiting Barnard's Star, known as Barnard's Star b. This planet has a minimum mass around 3.2 times that of Earth, making it a super-Earth, and it orbits its star very closely—completing one orbit in about 233 Earth days. Its close proximity to the star places it in a cold region far from the habitable zone, as Barnard's Star is much cooler than the Sun. As for the possibility of more planets, additional studies and observations are ongoing, and it's possible that future research could reveal more about the system.

A recent study found that the COVID-19 lockdowns in 2020 caused the Moon’s surface to cool by 8-10 degrees Kelvin. Researchers believe this happened because the lockdowns reduced human activity, leading to fewer greenhouse gas emissions and less heat being trapped in Earth's atmosphere. As a result, less radiation from Earth reached the Moon, causing its surface to cool. This surprising discovery shows how changes on Earth can affect even the Moon. More research is needed to confirm this link.

Bombshell Discovery Could Be October Surprise That Ends Kamala Harris Campaign https://new.americanprophet.org/bombshell-discovery-could-be-october-surprise-that-ends-kamala-harris-campaign/

2024 PT5 is indeed an intriguing near-Earth object (NEO) that falls under the Arjuna asteroid class, which is known for Earth-like orbits and slow close encounters with our planet. These types of asteroids are of special interest to astronomers because their orbits are very similar to Earth's, leading to the potential for close approaches, though they typically do not pose an immediate impact threat. The Arjuna class itself is a subset of the Apollo group, characterized by orbits that cross Earth's orbit but have longer periods. The discovery of 2024 PT5 by the ATLAS program at the South African Astronomical Observatory adds to our growing catalog of NEOs. The ATLAS program is part of ongoing efforts to identify and track asteroids that could come close to Earth. Due to 2024 PT5's slow passes, it is particularly useful for studying the dynamics of asteroids in Earth's vicinity.

Ozempic: Would You Put It in Your Body if You Knew it Was Made From Gila Monster Venom? Ozempic is a drug that was inspired by the venom of the Gila monster, a poisonous lizard native to the American Southwest. Here's some information about Ozempic and Gila monster venom: Ozempic's mechanism of action Ozempic mimics a hormone that tells the brain that you're full, and slows digestion. Gila monster venom's components Gila monster venom contains peptides like exendin-3 and exendin-4, which stimulate insulin secretion and slow gastric emptying. Discovery of exendin-4 In the 1980s, scientists isolated exendin-4 from Gila monster venom and found that it was similar to a human hormone called GLP-1. GLP-1 is released after eating and helps control blood sugar levels. Development of Ozempic and Wegovy Research into exendin-4 led to the development of semaglutide, a derivative of the molecule that stays in the body longer. Ozempic and Wegovy both contain semaglutide. Ozempic's original purpose Ozempic was originally developed to treat type 2 diabetes, which occurs when the body can't use insulin effectively. Side effects of Ozempic Common side effects of Ozempic include nausea, diarrhea, abdominal pain, vomiting, and constipation If you would seriously consider using this instead of natural alternatives, your elevator doesn't go to the top floor and you deserve what you get. The question is, will Ozempic really solve your diabetes & weight loss problem without giving you a different problem? How about an alternative? Thousands of natural chemicals in plants have therapeutic health benefits with rarely any side effects. The best natural remedies for diabetes and weight loss: 1. Panax ginseng 2. Berberine Both of these remedies cost a fraction of what a monthly supply of Ozempic or Wegovy would cost you, without the horrible side effects, but Big Pharma really doesn't want you to know about it. https://rumble.com/v5fjtg5-ozempic-would-you-put-it-in-your-body-if-you-