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homestuckreplay · 5 months ago

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John Egbert, The Chess Grand Master's Girlfriend

(page 422-423)

8/1/2009 Wheel Spin: Parent Bad :( (again) Verdict: STILL VERY INCORRECT

These pages introduce a whole bunch of new concepts, but make a lot more sense when read side by side with page 251, which has already hinted at these (making Act 2 feel really well planned out). A lot comes together this way so this is 1300 words of Lore Discussion.

The Seven Gates - These appear to be the seven blue spirographs we pass through in first person POV on page 422, and also the blue spirographs that appear above John's house on page 251. These look like some kind of stepping stones (in-game achievements?) on the path to Skaia.

The number seven hasn't appeared in Homestuck yet, but in Western culture it is seen as a lucky number, and in Christian numerology it symbolizes perfection and evokes the seven days of creation, as well as the seven deadly sins. There are seven notes in a musical scale, and we know the characters are musicians, seven colors in the spectrum of light, and color appears to be symbolically relevant, and seven is the average roll for two six-sided dice, which are very commonly used in board games and tabletop roleplaying games.

Skaia - A spherical blue place covered in clouds with a white spirograph/flower shape in the center - perhaps made of pure sky, due to the name and its transparency. Of course, Sburb was created by Skaianet Systems, so its designers have some ties to this place. Its associations with height, sky, light and potential clearly relate it to the Christian concept of heaven. However, it's also referred to as a 'dormant crucible,' with a crucible being a scientific or alchemical container that can withstand extreme heat, used in historical metalwork and modern laboratories. The science and religion dichotomy is here to stay.

Nannasprite refuses to say what the 'unlimited creative potential' of Skaia means, because she won't give spoilers, but I immediately think of creativity = art. All the characters have hobbies that relate to creating and consuming different types of art, but for the most part they're not very good at it and/or don't have great taste. Skaia being something that unlocks their artistic potential - but at the same time, being something they have to put in a lot of work to reach, just as getting good at art takes practice - is very cool to me. However this could also relate to biblical creation, similar to the seven gates = seven days.

Skaia is 'untouched by the flow of time' and has so I absolutely think that people at Skaianet Systems accessed the creative power of Skaia and used it to create a video game that went far beyond the standard capabilities of technology, and that this power is the secret to their success (and how an unknown company made such a smash hit game on their first try).

Forces of Light & Darkness - Sburb is a classic good vs evil narrative, represented by the black and white pieces on a chessboard. Again on page 251, we see the flashing white/black/blue kernelsprite divide into not two but three parts - a white part that ascends, a black part that descends, and a blue part that remains with John. It's possible that these three parts all share knowledge via the game engine, explaining how Nannasprite knows so much about what's going on overall. She then becomes the bridge between the good faction, the evil faction, and the player whose arrival changes the game.

Seeing Skaia as artistic creation is interesting here, because it's exclusively associated with the forces of light/good. In the real world it's definitely possible for art to be used for evil, to attempt to manipulate people and intentionally spread negative and harmful messages, or just to mistreat the people who create it. In Homestuck, forces of darkness 'covet the destruction' of creativity (according to Nannasprite), which is a closer parallel to arts in the real world being underfunded and undervalued, with capitalism forcing people to work long hours at jobs where they're not able to stretch their creative muscles and that don't leave any time or energy for creative hobbies. The metaphor definitely works, but I'm really curious on if Homestuck will explore the idea that art isn't necessarily a perfect universal good.

Curtains/Stage - The many layered red curtains in page 422's animation share a design with the red curtains on page 247, marking the end of act 1. This positions the curtains/acts as representing different locations - John's house on Earth, Skaia in the Medium, likely others, perhaps corresponding to scene changes on a stage that need to happen behind a curtain. Nannasprite also uses the word 'stage' to describe the setting of a duel between light and darkness, coding Homestuck and/or Sburb as a theater performance.

Chessboard - So there's a 1986 musical called Chess, and I think any parallels are probably coincidence, but it's still fun to think about just due to the chessboard on page 423. The story is a metaphor for the Cold War, represented by a US and Soviet chess champion (which from an American perspective at the time were the forces of light and dark, although in the modern day I do not personally share this assessment). A Hungarian/English woman dates both of these chess grand masters at separate times, who tries to calm their rivalry and is simultaneously manipulated by it.

At the time, musicals were not seen as an intellectual artistic medium, and creator Tim Rice was explicitly trying to create a more literary musical that would be taken more seriously, which is similar to how Homestuck is expanding the possibilities of a webcomic. Also notable from Wikipedia: the original set designer (who was replaced due to illness) 'had planned a "multimedia" show, with an elaborate tilting floor, banks of television monitors, and other technological touches.' I'm going to look for a recording of Chess and see if there's any further comparisons worth making.

John's Role - Yesterday, Nannasprite said that the Incipisphere came into being via John's computer, but also stands independently of it and always has. Today, Nannasprite says that the forces of light and dark have dueled forever in eternal stalemate until John showed up. This was confusing to me until I realized it's exactly how video game worlds work - they 'come into being' when a player installs them and begins playing, but at that point the characters and world already have extensive history. No matter the story, there's no way for any faction within the game to 'win' or for certain key things to happen until the player takes action. The player character's arrival into the game is typically the inciting incident that spawns a new chain of events, beginning to change the course of the narrative.

John's arrival changing everything doesn't necessarily mean that he specifically is a fated hero, just that he's the player character. He probably has a choice of paths to follow in the game, and can choose whether to ascend to Skaia and fight alongside the forces of light, or descend to the weird smoke below his house and fight alongside the forces of darkness, either way ending the stalemate if he succeeds. I wonder what the morality mechanics are in Sburb, and how they correspond to John's echeladder.

If I was to wildly theorize, I'd say that if John fights alongside the forces of light, reaches Skaia and beats the game, he'll be able to draw from that 'dormant crucible of unlimited creative potential' to not only undo the destruction of Earth, but also to create Homestuck itself, and release this work on the day his adventure originally began (as he's now outside the flow of linear time) instead of releasing the Sburb beta. This would bring a lot of meta elements of the story full circle, would help explain the multiple layers of commands and commentary in Homestuck, and would make our world's story and John's story into one consistent narrative. If done well, I think that could tie everything up very neatly.

#homestuck #reaction #hm. i know an internationally ranked chess player. i should prepare some questions for whenever i next see him #theory #chrono

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limesandcoconuts · 2 years ago

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I posted 134 times in 2022

That's 134 more posts than 2021!

61 posts created (46%)

73 posts reblogged (54%)

Blogs I reblogged the most:

@dragonnnfly

@hxccuphaddxck

@toothbrushfingers

@rosiethedragongeek

@oseytorvan

I tagged 108 of my posts in 2022

Only 19% of my posts had no tags

#httyd - 69 posts

#how to train your dragon - 49 posts

#hiccstrid - 33 posts

#astrid hofferson - 28 posts

#hiccup haddock - 26 posts

#rtte - 25 posts

#httyd 3 - 18 posts

#httyd incorrect quotes - 13 posts

#race to the edge - 12 posts

#httyd 2 - 11 posts

Longest Tag: 76 characters

#for some reason the song in the aeroplane over the sea reminds me of httyd 2

My Top Posts in 2022:

Saw on reddit under an “unpopular opinion” post that someone said the voice actress of Ruffnut in the series did a better job than Kristen Wiig in the movies and I’d just like to add on to that by saying Snotlout’s voice actor in RTTE (Zack Pearlman) did better than Jonah Hill in the movies, don’t boo me it’s true.

233 notes - Posted November 9, 2022

Hiccup (to Astrid): Would you like to stay for dinner?

Stoick (from the distance): WOULD YOU LIKE TO STAY FOREVER?

253 notes - Posted November 2, 2022

memes i made in 5 seconds

apologize in advance

See the full post

318 notes - Posted November 2, 2022

just putting out these concept art pics from httyd 2 that are so beautiful they make me sob

(warning: photodump ahead)

See the full post

423 notes - Posted October 29, 2022

My #1 post of 2022

I don't see anyone talking about how they showed Astrid's character development through her hair so I'm going to.

In HTTYD 1 we get this very emo lookin cut. Since the first movie is told through Hiccup's POV, it matches how he sees her: unapproachable, scary, and tough. Even the back of her hair, it's tied up tightly to show her uptight and no-nonsense attitude.

But after she sees Hiccup for who he is, she pushes her hair out of her eye so he can see her entire face. Almost like she's "letting him in", if not to be cliché. He gets to look her in the eyes when he talks to her, whereas before he avoided her stare.

See the full post

657 notes - Posted November 15, 2022

Get your Tumblr 2022 Year in Review →

yeah, so I know the numbers are low since I literally only started posting on Tumblr in October but here ya go anyways, have to wait til '23 for some proper stats lol

#tumblr2022 #year in review #my 2022 tumblr year in review #your tumblr year in review

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pandapillow · 3 years ago

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I posted 1,043 times in 2021

628 posts created (60%)

415 posts reblogged (40%)

For every post I created, I reblogged 0.7 posts.

I added 3,722 tags in 2021

#a3! game - 489 posts

#a3! act! addict! actors! - 441 posts

#act! addict! actors! - 428 posts

#a3 incorrect quotes - 426 posts

#a3! incorrect quotes - 424 posts

#act addict actors - 423 posts

#act addict actors incorrect quotes - 422 posts

#a3! actor training game - 326 posts

#harugumi - 178 posts

#akigumi - 165 posts

Longest Tag: 139 characters

#‘people who love you are either gay and evil or gay and good but hate the gay coding on evil characters so much that they love you despite-

My Top Posts in 2021

MC: Okay, so I figured out a foolproof method of determining if someone is evil.

Solomon: And that is?

MC: If they dislike Luke, they're evil.

Solomon:

Solomon: You know, that makes sense.

114 notes • Posted 2021-05-20 15:30:49 GMT

Mammon: I'm not jealous.

MC: Yesterday you yelled at a guy because he asked if I wanted a drink.

Mammon: So?

MC: Mammon, he was the waiter.

120 notes • Posted 2021-04-24 15:16:50 GMT

Mammon: Woah! How much grimm is that?

MC: Guess. Here's a hint.

MC: *slaps Mammon's face with the bag full of grimm*

Mammon, blinking thoughtfully: 3,500,000?

MC: 3,600,000!

Lucifer:

125 notes • Posted 2021-05-01 15:16:41 GMT

[During Sakyo's birthday]

Azami: YOU MEAN A LOT TO ME!

Sakyo: Wh--

Azami: YOU HELPED ME BECOME A BETTER PERSON!

Sakyo: WHY ARE YOU SCREAMING?

Azami: I HAVE DIFFICULTY EXPRESSING MYSELF! IT HELPS TO SAY SENTIMENTAL THINGS IN AN AGGRESSIVE TONE!

Sakyo:

Azami, while running away: I'M REALLY GLAD YOU RAISED ME!

132 notes • Posted 2021-04-15 15:31:00 GMT

Osamu: *tapping fingers on table*

Atsumu: *taps fingers back furiously*

Aran: ...What’s going on?

Suna, filming: Morse Code. They’re talking.

Osamu: .. .----. -- / -... . - - . .-. / .- - / ...- --- .-.. .-.. . -.-- -... .- .-.. .-.. .-.-.-

Atsumu, slams hands on table: YOU TAKE THAT BACK!

145 notes • Posted 2021-02-01 18:01:24 GMT

Get your Tumblr 2021 Year in Review →

#my 2021 tumblr year in review #your tumblr year in review #I finally found it #The tags don’t surprises me tbh

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yikes-xander · 4 years ago

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if you’re still taking requests, 6 and 8 with Julie finding out what Reggie did in 1x07 from her Aunt and Carlos

Hey There, Demons

Note: I didn’t feel very comfortable writing characters speaking Spanish, just because I don’t speak it and I didn’t want it to be incorrect or not make sense y’know? But I hope you like this anyway!

Word Count: 423

Julie’s conversation with her dad had been interrupted by Victoria frantically running out of the house. As soon as she started explaining what had happened, Julie knew that she would have to have a talk with the boys. The house is haunted and Carlos wouldn’t leave? They all had to be up to something.

Ray and Julie both entered the house, barely making it into the living room when Carlos spoke up, not even looking up from his tablet. “She called a priest,” Julie rolled her eyes, of course she did.

While Julie made her way outside to the studio, Ray sat down with Victoria, trying to console her, ready to apologize and convince the priest to leave when they showed up. Neither of them were expecting their night to go this way, but with three ghost boys roaming around, nothing can be expected.

The sound of the door opening almost made Reggie jump out of his skin, if that was something ghosts could do, he was scared enough to find out. He knew that Julie found out about what he did earlier. He just wanted to do something good and help Carlos out, but it seemed like it was now backfiring and he wasn’t ready to deal with the consequences. He absolutely hated when people got mad at him, and if it was Julie? He didn’t think he could ever get over it.

The anxiety he was feeling must have been pretty obvious because Julie took one look at Reggie and had slowed down as she entered, seemingly less pressed about the situation. The four of them had multiple in-depth talks about their home lives when they were alive and how that impacted them.

Julie’s facial expression soften as she sat next to Reggie, wishing she could wrap her arm across his shoulders. “I know what you did and that you probably meant well, but you guys need to be careful. No one knows what will happen if other people find out the truth about you guys.”

Alex and Luke had poofed out a bit ago, assumingly to give Reggie and Julie a moment of privacy. Reggie wouldn’t look Julie in the eye, he just stayed sitting there, playing with his fingers. Seeing this made Julie want to reach out for him to give him physical comfort, but she knew she would just pass right through.

“I’m not mad at you, just concerned.” They both let out deep breathes, palms hovering over each other, both wishing they could hug it out instead.

#julie and the phantoms #jatp fic #jatp blurb #ask #inlovewithamess #alex writes stuff #reggie jatp #julie molina

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obviouslyelementary · 4 years ago

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They Them, Captain - DaForge

Summary: Geordi wants to tell someone about their gender identity. Data suggests the captain.

Warnings: none

Tags: non-Binary Geordi; supportive Picard; coming out; Data POV

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Data had been noticing an increasing comfort in Geordi's personality related to their newly found gender identity. Of course, it was still limited to the both of them, with Geordi being highly uncomfortable with other people knowing about their discovery, but Data realized that sooner rather than later, his partner would be open for discussing this with other people. They had been hinting towards it in their conversations, adding questions like 'what do you think the captain would say' or 'do you believe Deanna has seen similar cases', to which Data answered to the best of his abilities, based on what he knew about his crew.

He could not give completely accurate responses, but he believed that apart from an initial awkwardness, no one in their close group of friends would take offense in Geordi's gender identity.

"Of course, I could be wrong. Humans tend to be... extremely unpredictable" Data said once Geordi brought that up again, and the engineer looked at him, nodding slowly.

"Yeah we can be... but I mean I've been getting used to it for three months and like... it feels good. It feels right" they said, and Data nodded. "I know you are the only one that treats me like a gender neutral person, but I think I should begin to tell other people. At least, you know, the important ones."

"If you want an advice" Data started, and when Geordi didn't stop him, he continued "I believe the correct approach should be the captain."

"The captain?" Geordi asked, surprised, and Data nodded slowly. "But that is like... jumping all the ranks!"

"Yes... but the captain has proved many times before to be open for different species, ways of life, lifeforms and beliefs, more so than others in our crew. I believe he would be the appropriate choice."

"I thought about starting with Deanna. Don't you agree?" Geordi asked, and Data tilted his head.

"While Deanna is also open for different approaches, she is half Betazoid, and created with Betazoid costumes. In the Betazoid world, there are no registers indicating the possibility of a third gender, let alone any others. They are extremely connected to their gender, male or female, and the emotions and connections each gender can make with other people and other species. So I do not believe she would be correct approach."

"I see... I didn't know that Betazoids were so... gender inclined" Geordi chuckled and looked down, seeming nervous, playing with their food. "I thought... well doesn't matter what I think. So, the captain... okay. I think I can make myself comfortable with that."

"I can help you getting comfortable with the idea, by showing you many examples of previous encounters the captain has had with different species and lifeforms. In stardate 423-"

"Thanks Data but you don't have to" Geordi said, smiling at him, and Data closed his mouth. "I believe you. I just need... to calm down. Relax. Make myself comfortable. You can't really help. It's something very personal."

"I see" Data nodded and looked down before looking back at Geordi and tilting his head. "Perhaps I could help. Do you remember when Lore came over to the Enterprise?"

"Yeah it was ages ago, I remember" they said, and Data nodded.

"In that instance, before he had regained conscience, the captain kept referring to him as an it. Of course, he meant no harm, however calling Lore an it also implied that I was an it, an object, a machine. Even though I do not feel emotions, and therefore was not offended or upset with the usage of the pronoun, I also knew it was incorrect, so I corrected the captain, telling him that if he kept referring to Lore as it, he was indirectly referring to me as an it as well, and it was not correct for I am male. And he understood. Not only understood but apologized, and corrected himself, calling Lore by male pronouns even after he had bad actions towards us. Does that help you in any way feel more relaxed towards the captain?"

"Honestly? Yeah" Geordi chuckled and reached out, taking Data's hand on their own. "Thanks Data. You're... amazing."

"So are you" Data said, still as a matter of fact, but also softer, sweeter in a way. At least he tried to sound more romantic.

The rest of the dinner went well, calm and relaxing, and Geordi seemed even more relaxed.

Another two months passed before Geordi took their final decision. After a talk with Data, they decided they would tell the captain about their gender identity, but they needed moral support, so Geordi requested Data would stay with them as they talked to the captain.

And Data, of course, agreed.

During a diplomatic mission, one where Picard was not busy at all, Geordi decided to make their move. In a quiet, uneventful evening, they went to the bridge and called Data to their side, requesting to talk to the captain alone. With a nod and standing up from his chair, Picard turned to Riker and pointed to him.

"Number one, you have the bridge. Mister LaForge, Mister Data, to my ready room."

They followed the captain inside the room and got themselves comfortable, Data sitting on the couch while Geordi sat on the chair in front of Picard's table, and Picard behind it, face to face with the engineer.

"Permission to speak freely sir?" Geordi asked, and Picard gave him a confused but assertive nod.

"Of course commander. Always. Is there a problem at engineering?"

"No sir, this is a personal subject" Geordi said, and Picard moved his glance from them to Data, before tilting his head.

"Well considering both of you are here I thought... I'm not going to make any assumptions please continue" Picard said, shaking his head, deciding against trying to guess what the subject was about. Geordi sighed, then looked at Data, who simply gave his partner a firm nod. Then, the engineer turned back to Picard and fixed himself on the chair.

"Sir... I came here to talk about... myself" they said softly, looking down at their hands. "About something new I found out... about myself."

"Commander, you can speak freely" Picard said, and when Geordi looked up, he was smiling. "Don't be afraid. Just say it."

"Okay" Geordi sighed and looked at Picard firmly, chest puffed out. "Sir, I discovered that I identify with the non-binary Earth created gender."

Whatever Picard believed they were about to say had nothing to do with what Geordi said. His eyes widened, he blinked a few times and then looked at Data, clearly confused and surprised. He then coughed and crossed his legs, leaning over the desk between him and his commander.

"I... beg your pardon, commander?"

"I identify as non-binary sir. Most precisely, agender."

Picard furrowed his eyebrows and leaned back against his chair, rubbing his chin and watching Geordi calmly, before he let out a sigh and stood up. Geordi was nervous, shaking slightly, but Data did not move to assist.

"I see" the captain answered, heading to his replicator. "Earl grey, hot" he said, before getting the tea and taking a sip. He walked back to his chair, sitting down, and looked at Geordi over his cup. "Commander... since when you know this?"

"Ten months sir" Geordi said, and Picard nodded slowly.

"I see... close to our visit with the J'naii, no?"

"Yes."

"Commander... many people demonstrated confusion and even doubts about their gender after the visit to the J'naii. Most of which went away in around... two weeks. Are you absolutely certain that this... new discovery wasn't simply empathy? Something to allow you to relate to the J'naii better?"

"I... thought so sir but after reflecting for a long time I came to the conclusion that no, it wasn't. I truly feel this way captain. I am truly non-binary."

"I see I see" Picard nodded and sipped on his tea. "Well, I remember hearing about gender identity in the academy, during the twenty and twenty first century. But those genders were left behind..."

"Yeah yeah I know... but this... this is true captain it's how I feel. It is my truth. And I found out that non binary genders are still used in Earth and colonies, just not... openly discussed."

"Yes... I understand. Well, I am not person to judge others for their beliefs, their identities, or their culture. This is no different. I believe you and I am content you came and told me" he said, and smiled at Geordi. "I will tell mister Data to change your profile to desired pronouns and name-"

"Captain please no" Geordi interrupted, and Picard's eyes widened. "I mean sorry, sorry to interrupt but I don't want anyone to know yet. For now only you and Data know and I want to keep it like this until... I'm ready."

"... very well commander LaForge" he nodded and put his tea down. "So if you don't mind... how should I refer to you?"

"You can still refer to me with male pronouns, I don't want to make you uncomfortable or forget while we are not with other people. So you don't have to change anything captain."

"But commander... I want to. It will not be hard to remember to treat you as you wish to be treated whenever we are alone" he said firmly and leaned closer. "Tell me your preferences."

"Okay... I prefer to use they them pronouns and I would also appreciate if you referred to me by my rank, not by mister" they said, their voice hesitant, but Picard gave him a short nod and smiled.

"I understand. Very well commander LaForge. Tell when whenever you are ready to tell the others" he said. "You are dismissed."

"Oh... thank you sir" Geordi nodded and stood up, and Data did the same, but Picard raised his hand.

"Mister Data could you stay? There are some reviews I would like to make" he said, and Data looked at Geordi, who nodded and smiled. After a short squeeze of hands, the engineer left, and Data sat down in front of his captain.

"Yes?"

"Data... what is happening?"

"Sir, I believe Geordi was very clear" Data said, and Picard sighed, nodding slowly.

"Yeah yeah but... what? Is this truth or some... phase or-"

"Sir, I believe the term 'phase' related to human gender identity or sexual orientation hasn't been used in at least two centuries" Data said, tilting his head. "This is not a decision they made without thought. Geordi knows how they feel, and they know exactly who they are. I told them you would be the best person to tell this to, because you are open for new ideas."

"I am but... we haven't heard about non binary genders in centuries!"

"Sir, it was a political choice made by binary people. Do you truly believe it is fair?"

Data raised his eyebrow, and Picard pressed his lips together, nodding to himself slowly.

"You are right... I will make an effort to study about gender identities again, and talk to some of my friends about it. I will not reveal anything about commander LaForge, I just need more information."

"I will gladly provide it sir" Data assured, and Picard smiled.

"Please send them to me mister Data. And thank you for making Geordi trust me. I think highly of them, and I want them to trust me."

"They do. And they think highly of you too captain" Data assured and stood up. "May I be excused?"

"Of course... thank you again mister Data."

"You do not have to thank me sir. Just make sure you study, and respect Geordi, and anyone else that may come to you with the same requests."

"Right" Picard nodded and Data walked out to the bridge, seeing Geordi waiting for him by the turbolift. He walked over to his partner and made his way inside the lift, leaning down to press a soft kiss to his partner's lips.

Geordi blushed lightly and looked up at him with a smile.

"Oh... that was surprising."

"I am trying to be more spontaneous in my affection demonstrations" he responded, and Geordi smiled, leaning close to Data and closing their eyes.

"I love you Data."

"I love you too Geordi."

Maybe he truly did.

#my fanfic #daforge #data tng #data #geordi laforge #jean-luc picard #captain picard #soft #sweet #non binary geordi #coming out #supportive picard #data pov

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loyallogic · 6 years ago

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The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert

If an expert is necessary to prove a case theory, chances are the opposing party will also retain their own expert. But no matter how sound one side’s legal theories and expert opinions appear to be, an opposing expert’s conclusions will likely present a number of challenges to those arguments. However, an unfavorable opposing opinion does not mean that your own expert’s opinion is incorrect or incomplete. Oftentimes, a rebuttal expert is used to rehabilitate your side’s arguments while discrediting the opposing expert’s opinions. Like the initial expert opinion, a rebuttal expert may draft a report of their findings. However, the substance, strategy, and timing of this report serve different functions. When offering a rebuttal expert report, it is important to keep these four considerations in mind.

1) Consider the Scope of the Rebuttal

Rebuttal evidence, as the term suggests, rebuts the evidence offered by an opposing party. It is limited “to that which is precisely directed to rebutting new matter or new theories presented by the defendant’s case-in-chief.” See Step–Saver Data Sys., Inc. v. Wyse Tech., 752 F.Supp. 181, 193 (E.D.Pa.1990). Rebuttal evidence is properly admissible when it will “explain, repel, counteract or disprove the evidence of the adverse party.” It is not “an opportunity for the correction of any oversights in the plaintiff’s case in chief.” See Crowley v. Chait, 322 F. Supp. 2d 530, 550–51 (D.N.J. 2004).

In the context of rebuttal experts, Rule 26(a)(2)(D) of the Federal Rules of Civil Procedure allows the evidence to be admitted if it “is intended solely to contradict or rebut evidence on the same subject matter,” and must be disclosed 30 days after the other party’s disclosure. A “rebuttal expert report is not the proper place for presenting new arguments, unless presenting those arguments is substantially justified and causes no prejudice.” See Ebbert v. Nassau County, 2008 WL 4443238, at *13 (E.D.N.Y. 2008). Courts have wide discretion in the admissibility of expert evidence and can strike a rebuttal expert’s disclosure if it goes beyond its permissible scope. For example if the report “fails to provide scientific disagreement” with the opposing expert’s construction (See Shire, LLC v. Amneal Pharm., LLC, 2013 WL 1932927 at *9 (D.N.J. 2013) or it contains “substantial new data and information” exceeding the original report. See Reckitt Benckiser, Inc. v. Tris Pharma, Inc., WL 6722707 at *3 (D.N.J. 2011). Although an expert’s rebuttal report should not contain new opinions or information which contradicts the initial report, it need not be stricken if it is “an elaboration of and [is] consistent with an opinion/issue previously addressed” in the expert’s initial report. See Pritchard v. Dow Agro Scis., 263 F.R.D. 277, 284–85 (W.D.Pa. 2009). A report “may cite new evidence and data so long as the new evidence and data is offered to directly contradict or rebut the opposing party’s expert.” Glass Dimensions, Inc. ex rel. Glass Dimensions, Inc. Profit Sharing Plan & Tr. v. State St. Bank & Tr. Co., 290 F.R.D. 11, 16 (D. Mass. 2013). In other words, there is no “bright line rule” that every expert opinion “must be included in a preliminary report, or forever be precluded.” Hill v. Reederei F. Laeisz G.M.B.H., Rostock, 435 F.3d 404, 423 (3d Cir. 2006). That being said, it is important to be mindful of the content of the rebuttal report so that it does not go beyond its permissible scope.

2) Learn the Opposing Expert’s Opinion

Before attacking the opposing expert, the first step is understanding the opinion and the bases on which it is formed. A critical analysis is necessary to ensure that the opinion is challenged in a meaningful way. It is also important in understanding which aspect of the opposing expert’s argument is incorrect or contradictory to your side’s position. All key ideas, methods, and assumptions used in the opposing expert’s opinion should be analyzed to determine where the two parties diverge. It is not always as straightforward as simply stating that all aspects of your adversary’s analysis are incorrect. More often than not, there is a more nuanced difference between the two. In cases where testing and experiments were conducted, it can be helpful to recreate those same conditions and variables to pinpoint why the opposing side reached a different conclusion. Overall, like any strong rebuttal, the opposing arguments need to be fully understood before they can be successfully challenged.

3) Challenge the Methodology

As aptly stated in the seminal United States Supreme Court decision, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), there are several factors that should be considered by a court when determining the admissibility of expert testimony. While no one factor is deemed more important than another, it would be remiss to ignore the significance of the first listed factor: whether the expert’s technique or theory can be or has been tested. (That is, whether the expert’s theory can be challenged in some objective sense, or whether it is instead simply a subjective, conclusory approach that cannot reasonably be assessed for reliability.) The takeaway point of this factor is that admissibility rests on methodology as opposed to conclusions. In other words, an expert’s opinion should derive from a reliable, objective methodology. In accordance with this factor, the methodology of an opposing expert’s opinion should be critiqued first. The ways in which a specific methodology can be challenged are as numerous as the fields of expertise themselves. Does your rebuttal agree with the type of testing conducted? If the type of testing was correct, is the potential rate of error accurate? Do peer review and the opposing expert’s reputation in the scientific community factor in? Were inconsistent testing or analysis methodologies utilized (i.e., different methods of measurement used at different parts of the experiment)? By focusing on the weaknesses or inconsistencies in the opposing expert’s methodologies, a rebuttal report becomes substantially more persuasive.

4) Provide Alternatives

While rebuttal reports are typically more limited in scope, sometimes they might need to state new alternatives in order to effectively rebut the opposing expert. As held in Deseret Management Corp. v. U.S., 97 Fed. Cl. 272 (Fed. Cl. Ct. 2011), a “rebuttal expert may introduce new methods of analysis in a rebuttal report as long as the new method is offered to contradict or rebut an opposing party’s expert.” In Deseret, for example, a rebuttal report applied a different valuation method in estimating the value of a license at issue. The Court found that the report was properly submitted, even though it applied, a “new, alternative theory,” because both reports addressed the same subject matter and the rebuttal report was offered to contradict the opposing party’s report. Therefore, rebuttal reports need not avoid alternatives or new means of testing if they are offered to contradict the opposing side’s arguments.

The post The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert appeared first on The Expert Institute.

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hellofastestnewsfan · 4 years ago

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As Black Lives Matter protests in Portland continue to be closely watched worldwide amid clashes between federal and local authorities, President Donald Trump has vowed to send federal troops to more U.S. cities.

The Oregon city has been the site of ongoing protests following the police killing of George Floyd on May 25. The situation intensified after an increased presence of federal officers were first deployed in early July to crack down on protesters. While Trump has accused the protesters of being “anarchists” who “hate our country,” state and local officials largely characterize them as being mostly peaceful and exercising their legal right to protest issues including police brutality and racial injustice.

Federal officers from various U.S. agencies, including the Department of Homeland Security, the Marshals Service and Customs and Border Protection, remain in Portland despite resistance from state and local leadership. Oregon Governor Kate Brown and Portland mayor Ted Wheeler have asked federal officers to leave and said they will not cooperate with them.

Oregon Attorney General Ellen Rosenblum sued DHS, CBP, the Marshals Service and the Federal Protection Service Friday in connection with the seizing of protesters from the street, “alleging they have engaged in unlawful law enforcement in violation of the civil rights of Oregonians by seizing and detaining them without probable cause.” The attorney general’s office highlighted a July 12 incident in which Donavan La Bella, a peaceful protester, was “hit in the head with an ‘impact weapon’ and suffered severe injuries,” as well as a July 16 incident in which an unmarked minivan with undercover federal agents wearing generic green military fatigues forcibly detained (Oregon resident Mark) Pettibone, who was walking on a sidewalk.” Pettibone was later released. Rosenblum has also announced a state criminal investigation with the Multnomah County District Attorney over the circumstances that led to La Bella’s injury.

The pressure to withdraw federal forces from Portland is also ramping up in Congress. Oregon Democrats, including Senators Jeff Merkley and Ron Wyden, have called for “the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) offices of inspector general to investigate the unrequested presence and violent actions of federal forces in Portland.”

Here’s everything to know.

When did the protests in Portland start?

The Portland protests have been ongoing for more than 50 days and began following the May 25 killing of George Floyd by police. As with demonstrations across the rest of the country, they have revolved around police brutality, racism and given rise to questions about defunding and reforming law enforcement.

Freelance journalist Garrison Davis has been documenting Portland’s protests since May, and he tells TIME the protests have “only gotten substantially larger” since federal officers arrived. Davis says federal law enforcement and local police shot at him with impact rounds and threw flash bangs in his direction so they blow up underneath his feet. “You get way more used to standing in clouds of tear gas. You’re less afraid at the sight of charging police officers,” Davis says. Several journalists have said or documented that they were harmed — punched, shot at or beaten — by law enforcement, even as they were clearly identified as press.

Davis was on the scene when federal officers shot La Bella in the head with impact munitions while he was holding up a boombox.

This appears to be the moment that #Portland protester was struck in the head and suffered a gruesome injury. pic.twitter.com/Na1h5BUaAO

— Simulation Warlord🇺🇸 (@zerosum24) July 12, 2020

Protests intensified after La Bella’s injury and reports that demonstrators were detained by federal officers. Oregon Public Broadcasting was the first to report that federal law enforcement used unmarked vehicles to grab peaceful protesters on July 16.

Another video that has caught national attention shows a federal agent repeatedly beating a Navy veteran with a baton amid tear gas as the man stands still. Christopher David was left with two broken bones in his hand as a result, the Associated Press reported. Federal Protective Service deputy director of operations Richard Cline said Tuesday during a press conference that the incident involved US Marshal Officers and would be investigated by the inspector general’s office at the Department of Justice. DHS Acting Secretary Chad Wolf defended the officers actions at the briefing, saying: “We know officers were properly trained. What we’ve seen from the video is that they acted appropriately,” Wolf said.

Over the past few days, a group of Portland moms have been peacefully protesting on the front lines of demonstrations and have been caught in tear gas deployed by federal officers.

An activist and committee member with the Portland General Defense Committee, which provides financial and legal support to protesters, including posting bail, says protesters are being released relatively quickly because of the coronavirus. The source asked TIME to withhold his name because he fears for his safety.

The Portland General Defense Committee reported Monday that at least 423 people have been arrested in Black Lives Matter protests since May 29 and that almost all of them have been bailed out. (Portland police said in an emailed request to TIME they would work to confirm arrest numbers but has not yet done so by the time of publication.) Since July 4, when an increased presence of federal officers emerged in Portland, there have been 43 arrests by federal authorities, including but not limited to those carried out by DHS, Wolf said at Tuesday’s press conference.

The Portland General Defense Committee’s GoFundMe page shows they have raised more than $1 million dollars since May 30. The group says they have so far spent more than $187,000 so far on bail, legal fees, lost wages because of being in custody or court, property destroyed or stolen by police and medical bills, among other forms of support. The group also reimburses protesters for slashed car tires and broken windows they say are caused by law enforcement, among other issues.

The source says they are seeing a lot of protesters who are being arrested for the first time. The volunteer-run group also manages a hotline to document complaints involving law enforcement, talk through traumatic experiences and refer them to appropriate resources. There are “horror stories,” the source says.

Based on the complaints he has heard and from his observations at protests, the Portland General Defense Committee source says that “federal law enforcement is incredibly aggressive,” even more so than local police, “which is already intense and aggressive.” Portland police said they had no comment on this characterization.

“They do not have training in terms of riot and protest control,” the source adds.

An internal Department of Homeland Security memo issued last week highlighted concerns that federal officers in Portland did not have specific training to handle protests or riots, the New York Times reported after getting a copy of the memo. “Moving forward, if this type of response is going to be the norm, specialized training and standardized equipment should be deployed to responding agencies,” the memo said. DHS tweeted that the Times‘ story was incorrect and that all DHS officers who were sent to “defend federal facilities in Portland had their training records reviewed to ensure their tasked missions aligned with their appropriate training.” The Times responded by posting a copy of the DHS memo, which asserted otherwise. At Tuesday’s press conference, Wolf said he had never seen any such memo and that officers deployed to Portland had specialized training that equipped them to deal with crowds.

The Portland General Defense Committee source says he is used to being caught in tear gas now. “Those experiences are unpleasant. It’s hard to breathe. It’s hard to see. You can really feel the fear of being treated like a military combatant,” he says.

Despite Portland’s liberal reputation, the city has a history of being an unwelcoming place for Black people. Oregon’s constitution banned Black residents until 1926. In 1844, Oregon passed laws that banned slavery but also all Black people from the region, regardless of whether or not they were enslaved. If they failed to leave Oregon after two years, they would “be flogged publicly for every six months until they did so,” according to the Communities of Color report.

Why did President Trump send in federal agents?

The Trump Administration, including the President and DHS leadership, has consistently generalized all protesters as being “violent anarchists assaulting federal officers and damaging federal property,” despite video evidence that law enforcement has in some instances harmed protesters who are not provoking them.

Trump said Monday that federal officers have “done a fantastic job in a very short period of time” in Portland and that “we’re going to have more federal law enforcement — that I can tell you,” he said.

DHS has accused protesters of setting fires and trying to “injure or kill federal officers” by “launching projectiles, including commercial grade fireworks and bags of paint,” at them and “targeting their eyes with laser weapons.”

CBP echoed DHS’ remarks in a statement Friday and added that “these criminal actions will not be tolerated.” CBP also addressed a widely shared video that showed a protester being picked up by federal agents in an unmarked van.

These federal officers (?) just rushed up and arrested someone for no reason pic.twitter.com/xcFVuoMZmN

— Matcha chai (@matcha_chai) July 15, 2020

The agency said they had reason to suspect the person in an unspecified video was “suspected of assaults against federal agents or destruction of federal property” and that as they approached the person, “a large and violent mob moved towards their location.”

CBP said that the person was quickly taken to “a safer location for further questioning.” It said that the CBP agents did identify themselves but acknowledged that their names were not displayed on their uniform. This was because of “recent doxing incidents,” the CBP said.

Portland police said in a press release that people attempted to break into the federal courthouse and lit fires downtown on Monday night. They said “dozens” of people “pounded on and began breaking the plywood covering the west side of the building,” using “hammers, crowbars and other pry tools.” Just after midnight, federal law enforcement “began dispersing the crowd using a variety of munitions,” the police statement said. Portland police also reported Sunday that people had broken into the Portland Police Association and lit the building on fire.

Acting secretary of DHS Chad Wolf condemned the events in Portland on July 16, saying the city has “been under siege” by a “violent mob while local political leaders refuse to restore order to protect their city.”

Acting deputy secretary of DHS Ken Cuccinelli said in an interview Sunday with the Washington Post that federal agents from DHS would continue to stay in the city in large numbers and that “if violence continues in other parts of the country,” the agency would consider sending reinforcements there, too.

What could happen next?

Given the Trump Administration’s remarks that federal officers in Portland are necessary and their use could be expanded, it’s likely that they may be deployed in other states and cities too, despite mounting protests from their leaders.

The mayors of major cities — Atlanta, Chicago, Kansas City, Portland and Washington D.C. — sent a letter to Attorney General William Barr and Acting Secretary of DHS Chad Wolf Monday objecting to the “deployment of federal forces” in their cities, which they said would be both unconstitutional and unprecedented. “In Portland, (federal authorities’) actions have escalated events and increased the risk of violence against both civilians and local law enforcement officers,” the letter states. It also notes that “federal forces have not been trained for urban community policing, including critical crowd management and de-escalation techniques” and that they lack oversight.

The Chicago Tribune reported Monday that DHS is planning to deploy about 150 federal agents to Chicago this week. DHS did not immediately respond to a request to comment from TIME. Chicago Mayor Lori Lightfoot expressed resistance toward the idea, saying “we don’t need federal agents without any insignia taking people off the streets and holding them, I think, unlawfully.” But Chicago’s police union published a letter Saturday requesting federal assistance from Trump to help control the “chaos.”

Asked about the president’s remarks in which he said he would expand the presence of federal forces across the country, Wolf said that a distinction which needed to be made between Portland, “which is unique” and related to “violent anarchists” as opposed to federal officers needed to address other criminal activity, like gang violence in other states. That’s what the president meant, he said.

What legal action has been taken?

The ACLU sued the Department of Homeland Security and U.S. Marshals Service Friday “for their unconstitutional attacks on people protesting the police killing of George Floyd.” The ACLU accused federal agents from these agencies of “indiscriminately using tear gas, rubber bullets, and acoustic weapons against protesters, journalists, and legal observers.” The lawsuit, which was filed on behalf of legal observers and local journalists, aims to “block federal law enforcement from dispersing, arresting, threatening to arrest, or using physical force against journalists or legal observers,” the ACLU said in a statement.

The ACLU had already sued Portland police for using excessive force and Friday’s action adds federal agents to the lawsuit.

Jann Carson, interim executive director of ACLU of Oregon, tells TIME federal agents are only “adding to the escalation of violence and brutality against protesters that was started by the Portland police.”

“We are very concerned that this is creating precedent and that there’s clear intention that the President wants to take this to other cities,” Carson says. “What’s going on in Portland should concern everyone in the United States.”

Carson points out Portland isn’t the first time federal agents have used violent tactics against protesters; in Washington D.C. in June, federal officers were part of the crackdown on protesters near the White House shortly before Trump walked across the street for an infamous photo op at a nearby church.

Activists stress that it’s not just federal officers who have unleashed disproportionate force on them. Some Portland protesters, including the Black community advocacy nonprofit Don’t Shoot Portland, filed a class-action lawsuit against the city of Portland on June 5 for what they characterize as its indiscriminate use of tear gas. Plaintiffs argued for a temporary restraining order to stop Portland police from using tear gas as well as a permanent ban on its use by police. Portland police said they had no comment on the lawsuit.

Attorney Juan Chavez, director of the civil rights project at the Oregon Justice Resource Center, who helped file the lawsuit, also helped a Portland couple sue the Portland police on June 8. Andy and Samira Green, along with their teenage children, were protesting peacefully on June 2 when they were caught in tear gas. Samira Green is pregnant and “struggled to move quickly to escape the gas due to her pregnancy,” the Oregon Justice Resource Center said in a press release.

For law enforcement, “there’s no difference between a bad or good protester; it’s just protesters who get tear gassed,” Chavez says.

How are Oregon officials and authorities reacting?

Oregon’s governor, attorney general and several Democrats in Congress, as well as Portland’s mayor, have all condemned the presence of federal officers in Portland.

Portland mayor Ted Wheeler said Saturday that he has taken steps to ensure that federal officers will no longer be able to co-locate with the police bureau. “Based on recent actions by federal law enforcement officers, I am not comfortable having them in our space,” he said.

Governor Kate Brown said in a tweet Thursday that she told Wolf “that the federal government should remove all federal officers from our streets.” She accused Trump of “looking for a confrontation in Oregon in the hopes of winning political points in Ohio or Iowa.”

Oregon Senators Jeff Merkley and Ron Wyden, as well as Senate Democratic Leader Chuck Schumer from New York, are pushing for an investigation into the “violent actions of federal law enforcement in Portland.” Their request referenced La Bella being shot in the head, as well as “reports and video recordings of unmarked federal agents grabbing protesters from the streets and taking them to unmarked minivans.”

“DHS and DOJ are engaged in acts that are horrific and outrageous in our constitutional democratic republic,” Merkley said. “First, they are deploying paramilitary forces with no identification indicating who they are or who they work for. Second, these agents are snatching people off the street with no underlying justification.”

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torentialtribute · 5 years ago

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10 things to watch out for as the new NFL season begins on Thursday night

Seven months on the New England Patriots & # 39; haunted Super Bowl LIII victory against the Los Angeles Rams in Atlanta, the new NFL season starts Thursday night in Chicago.

Two weeks ago, we had a draft, preseason and shock retirement in Indianapolis Colts quarterback Andrew Luck, the expectation builds on five months of amazing games, linking moments and final play drama.

But what should you look out for in the pond this season? Sportsmail takes a look …

New England Patriot quarterback Tom Brady won his sixth Super Bowl ring in February

[19459118]

Kansas City Chiefs QB Patrick Mahomes will repeat its MVP standard season

1. Can anyone stop Tom Brady and the New England Patriots?

In their AFC East division, the weakest in the NFL, almost certainly not. In the AFC as a whole you would like to think that it is not an easy walk to a fourth straight Super Bowl.

But these are the Patriots. This is quarterback Tom Brady and coach Bill Belichick, the most formidable collaboration in the NFL for nearly 20 years. A franchise where success has been synonymous this century, they now have six Super Bowls – a joint NFL record with rivals Pittsburgh Steelers.

So, although the route from the Patriots to the playoffs is something of a banker, the challenge for them should be more resilient this year. The big expectation is for the Texans from Houston, who have swapped intelligently during the low season and hope for the breakthrough of this unpredictable DeShaun Watson season.

Aside from that, the Kansas City Chiefs, led by the brilliant Patrick Mahomes, will go again after their near-accident last season, and the Pittsburgh Steelers, Oakland Raiders and Denver Broncos must be competitive. More about Baker Mayfield, Odell Beckham and the Cleveland Browns later …

2. Power of NFC will provide fascinating entertainment

AFC conference has been a kind of crusade with one franchise, the NFC is stronger and therefore much more unpredictable.

It will be fascinating to see if the Los Angeles Rams can recover after their Super Bowl heartbreak last time. Similarly, after losing the Rams in the NFC Championship game, the New Orleans Saints can go one step further this year – perhaps the last hurray for the legendary quarterback Drew Brees to activate?

There are contenders everywhere, with the Eagles, Bears and the Seahawks all very strong – expect the unexpected as the NFC playoff prospects unfold

LA Ram's head coach Sean McVay led his team to the Super Bowl where they lost the Patriots

3. Can Kyler Murray get the cardinals ticked with double sport?

You may still remember around the April NFL version called 21-year-old Kyler Murray making headlines. He was the first person ever drafted in the first rounds of both the Major League Baseball Draft and the NFL Draft.

In the end, Murray chose football and was first generally accepted by the Arizona Cardinals. An extravagant personality, with similarities in both persona and playing style with Panthers QB Cam Newton, who sees Murray adapt to the NFL in his rookie year, and in an extremely strong NFC West division, will be an enlightening part this season.

4. Brit watch – on Christian Wade, but Efe Obada leads contingent

Former wasp winger Christian Wade has recently been in the headlines for some impressive cameo performances while playing for the Buffalo Bills in the preseason. If you've never seen Wade's 60+ yarddowndown during his first NFL game, watch it on YouTube – it's pretty special.

Despite that flash of excellence, the predicted Wade did not make the 53-man Bills team for the coming season, but was retained in the exhibition team. By the way, there are a few other Britons who thrive in the NFL …

Efe Obada is a defensive end for the Carolina Panthers and was the first player of the International Player Pathway Program to make a regular season selection last year – he signed a one-year extension in January. Winner of the Super Bowl Jay Ajayi is currently a free agent, but the decline can still be reported – the Texans are one of many franchises associated with the London-born assault weapon.

Christian Wade received the game ball after his debut touchdown in the preseason for the accounts

5. Tottenham & sparkling new stadium houses NFL for the first time

One year later than planned, Tottenham & # 39; s stunning stadium with 60,000 players will host two NFL games in October, with Wembley Stadium also two.

It will be a decent opening when the Chicago Bears face the Oakland Raiders on October 6. Tottenham & # 39; s retractable field means that the game will be on the artificial grass, not the standard grass that we are used to seeing in Wembley or Twickenham.

A week later, the Carolina Panthers play the Tampa Bay Buccaneers. The Tottenham stadium offers a perfect setting for American Football, and will continue to do so with the two-year 10-year two-game-a-year contract. Who knows it might organize the franchise later in London …

6. Rule changes abundance sees & # 39; VAR & # 39; in the game

What is & # 39; clear and clear & # 39 ;? A sentence that is now the most important topic in Premier League football every week, the most important change to this season's NFL rules is that the sentence is used with regard to passing pass-through ratings.

Whether the call is for offense or defense, calls will be reviewed, but will only be reversed if there is clear and clear visual evidence that the statement on the field was incorrect & # 39 ;. Blurry.

Other rule changes include a 15-meter fine for illegal blindside blocks – & # 39; a blocker initiating forced contact with his head, shoulder, or forearm when his path moves toward or parallel to his own end line is & # 39; – stricter enforcement of offensive possession and 15-yard penalties for each team that enters someone who is celebrating and not a uniformed player

7. The farewell final to Oakland before Las Vegas moves

After 45 years and two separate stints in Oakland, the Raiders play their final season at the bay for a delightful move to Las Vegas next season.

Head coach Jon Gruden struggled in his first year since returning to the team, when the Raiders ended with a record of 4-12 at the bottom of the AFC West.

Not surprising considering the amazing 10-year contract signed on the return of Gruden in 2018, the owners have remained faithful. Former Steelers broad receiver Antonio Brown has been added, but the bizarre preseason rivals that he is not allowed to wear his old helmet, essentially corresponds to the lack of clarity at the moment in the organization.

All NFL purists would like the Raiders to end their time in Oakland with a play-off spot, but in a strong division with the Chiefs, Broncos and Chargers, it seems unlikely that they will occur.

The virtual look at the Allegiant Stadium of Raiders in Las Vegas , currently under construction

8. What is happening at the Cleveland Browns this year?

After years of consistent failure, Cleveland Brown supporters are understandably a bit more optimistic this season.

The Star Purchase of Odell Beckham Jr. of the New York Giants, coupled with abrasive young quarterback Baker Mayfield bedding in his second season, means that the Browns are definitely worth watching from week to week.

They are perhaps more characteristic games than characteristic victories, but in a division with a weaker Steelers outfit, an equally unknown amount in a Lamar Jackson-led Ravens and a clear fourth best in the Bengal, it is not inscrutable that the notoriously most failed franchise of the NFL could sneak into the playoffs in 2019.

Master of the one-handed catch Odell Beckham was traded to the Cleveland Browns

9. 53 Super Bowls, zero champions in their own stadium … and do not expect this fascinating NFL statistic to change this year

It is an intriguing and somewhat inexplicable , always NFL fact. No team that hosts the Super Bowl has ever won the Super Bowl that year.

Well, if they decided to organize the Super Bowl at the Gillette Stadium of Patriots (which they never did), that may change. But unfortunately, many franchises have come close – the most recent were the Vikings the previous season, who lost in the AFC Championship game to the final Lombradi winners the Philadelphia Eagles – but none made it.

This season, the Hard Rock Stadium is organizing the showpiece of NFL, the home of the Miami Dolphins. Unfortunately for all Dolphins fans, there is an argument to say that the Dolphins are the least likely franchise in the NFL to make the playoffs this year. Unintelligent transactions, along with the same division as the Patriots, means that it would be one of the all-time shocks if the Brian Flores team were in their own stadium from 2 February 2020.

10. The importance of one player in a 53-man team should not be underestimated

All over line of this season, the influence of explosive, game-changing players – especially in offenses – among numerous teams will ensure engaging weekly viewing every Sunday evening.

In addition to the aforementioned, Ezekiel Elliott, who is declining, finally signed a new contract with the Dallas Cowboys, which pose a threat to the creativity of Dak Prescott at QB. Co-running backs Alvin Kamara (New Orleans Saints), David Montgomery (Chicago Bears) and Saquon Barkley (New York Giants) are certainties to score the extent of this year's touchdowns.

But it's in the quarterback where the magic happens. Can last year's MVP Patrick Mahomes match or even better his 50-touchdown total last year with the Chiefs? Will Aaron Rodgers be able to crack the playoffs after a barren spell with the Green Bay Packers? Matt Ryan of the Falcons has the potential to recreate his 2017 MVP winning season and feed the brilliant receiver Julio Jones.

Those, and many more questions, will gradually unravel over the next three months.

Saquon Barkley (right) wants filling the playhouse invalid left behind by the departure of Odell Beckham

King of Orphan greetings Mary Aaron Rodgers enters his 15th season with the Green Bay Packers

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#10 things to watch out for as the new NFL season begins on Thursday night"

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legalseat · 6 years ago

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The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert

1) Consider the Scope of the Rebuttal

2) Learn the Opposing Expert’s Opinion

3) Challenge the Methodology

4) Provide Alternatives

The post The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert appeared first on The Expert Institute.

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fayeburnsus · 6 years ago

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The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert

1) Consider the Scope of the Rebuttal

2) Learn the Opposing Expert’s Opinion

3) Challenge the Methodology

4) Provide Alternatives

The post The Rebuttal Expert Report: 4 Steps For Critiquing An Opposing Expert appeared first on The Expert Institute.

from Legal News And Updates https://www.theexpertinstitute.com/the-rebuttal-expert-report-4-steps-for-critiquing-an-opposing-expert/

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normantasblg · 8 years ago

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Landscaping Made Simple Though These Simple Ideas

Everyone that owns a house would like to be proud of it. Every time a home looks like it hasn’t been kept on top of properly, it may actually be difficult to be very proud of it. Thankfully, with landscaping, you may turn your home from only a regular house in to a spectacular one! Read on to understand a number of professional landscaping tricks.

When planning a landscaping project for the home, you should consider speaking to an expert first. When you most likely will not likely need to Tennessee usher in a designer to oversee the full project, getting some professional advice may just help save you from making expensive mistakes in the foreseeable future.

A drip-style irrigation system is an excellent investment. They are easy to install and continuously give your plants water. The liquid can also be more effective, since it is a drip rather than a stream, as is definitely the case with a hose or sprinkler system.

If you are inexperienced at landscaping and gardening, you must think about the maintenance involved prior to buying your following project. Never plan an increased-maintenance, ornate design until you are confident in your abilities to care for it properly. If you fail to afford to hire someone to preserve your lawn, it is recommended to choose simple designs with low-maintenance elements.

Prior to starting a landscaping project, go to a redecorating or gardening store first to ensure you hold the right equipment. Home Depot and also other popular big box retailers not merely carry everything you need, but also have knowledgeable staff who can provide advice and recommendations that will help you on your own next project.

Consider the quantity of sunlight that hits different areas on your own property before deciding what to plant there. Some plants need full sunlight and some thrive in shade. Should you plant the incorrect varieties from the wrong areas, you happen to be setting yourself up for failure. Talk to a specialist on your local nursery to find out which plants is going to do very best in different lighting conditions.

To make a successful landscape design, it is actually required to assess the different zones of sunlight on your property. By understanding which areas receive full, partial or no sun throughout the day, you will be able to choose the plants more than likely to thrive inside your specific outdoor space.

Only use odd amounts of plant groupings. It is actually more pleasing for the eye plus more natural trying to see groups of 3, 5 or 7 plants than groups of 2, 4 or 6. Aim for plantings which are more triangle-shaped than square-shaped, along with your landscaping could have more eye appeal.

As you’re focusing on price, make sure you are considering quality in the same way closely. You don’t would like to pay for the highest price for the materials and plants. However, remember that with cheaper prices sometimes comes lesser quality and selection. Cut corners where you should to be able to offset other purchases you may want to help make too.

When landscaping your home, take into account the effect it may have on the home. Should you aren’t careful, you will discover yourself with plants with root systems that affect your underground pipes or shrubs that block line-of-sight to traffic when exiting your driveway. Map out your landscape appropriately to ensure that these issues don’t show up later.

It can be generally a smart idea to look at the sunlight that is available prior to starting landscaping. This way you can plan what kind of plants will go where in order that they have the optimal quantity of sunlight. You don’t wish to have plants die as a consequence of insufficient or an excessive amount of sun exposure.

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Source:http://the-oh-zone.com/easy-landscaping-strategies-for-the-novice-landscaper-tree-trimming-chattanooga-tn-chatt-town-tree-service/

from Fred Grainger The_Oh_Zone https://fredgraingertheohzone.wordpress.com/2017/06/09/easy-landscaping-strategies-for-the-novice-landscaper-tree-trimming-chattanooga-tn-chatt-town-tree-service/

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torentialtribute · 5 years ago

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MARTIN SAMUEL COLUMN: If Chelsea do crash, it will be Frank Lampard that gets burned

Everyone thought David Moyes would get time in Manchester United . It was the logical way to travel. He had a six-year contract, he had the support of the club's mode, Sir Alex Ferguson, and he also had Ferguson's shoes to fill. It would always be tricky for the first man in, but United had a recent history of giving managers time.

It lasted just over nine months.

The lesson here is not to assume. This is the Premier League 2019. The idea that reason or fair play will prevail is strangely nostalgic. All rational thoughts can suggest Frank Lampard has at least two seasons to shape Chelsea given the current situation of the club.

If it goes wrong for Frank Lampard , hero or we know who takes the blame

He has a transfer ban, he has lost the best player, he is the first coach who is really involved in youth policy and the current Chelsea team is a pale imitation of what went before. Plus, Lampard is a local hero and a starting manager.

Roman Abramovich has never mentioned one so raw, so young or so English. Any convincing analysis of the situation would conclude that Lampard must surrender, even if his Chelsea team slips into the middle of the table.

Yet senior club officials should take responsibility for part of the crisis, and that is why, like Moyes, Lampard is not safe.

Subsequent managers from United have discovered where the money stops nowadays. Not above. The recruitment of United in the first summer of Moyes was poor. The team he inherited from Ferguson had to be reformed and the department had the authority to deliver that process. It was left to Moyes, who became overwhelmed.

But to admit this, continuing with the manager after a disappointing season, would be a recognition of guilt. Much easier to make a decision that puts the blame on his shoulders, and make a change, the complete reversal, as if Moyes were the fault, not the system around him.

That is what Louis van Gaal's appointment did for United's executives. It was suggested that it was Moyes' selection – a manager whose teams had never competed for titles and whose players had no elite status – that was incorrect, and the introduction of a stellar coach like Van Gaal could solve this.

Everyone thought David Moyes would have time get at Man United – he lasted a little over nine months

For the same reason it is imagined that if Lampard & # 39; s tenure does not work, his successor will not be a young English manager of a lower division or lesser club. If this doesn't work, John Terry won't get a look for decades.

Because while Lampard is a coach who is not afraid to give the youth a chance, the problems of Chelsea are not his.

He was not involved in the story in which Eden Hazard left for Real Madrid, he did not buy a team from the first team, he was not connected to the skulduggery surrounding the registration of young people that resulted in the transfer ban. Likewise, if your team calls, this is the way that the Chelsea hierarchy has been spurring managers for many years now. The club's spin on youth engagement is that executive management is all for it, but successive managers were resistant.

If Lampard does not hold out in his current role, we will know why. The Chelsea managers have become second and third, have lost the last Champions League, won the last Champions League and are still fired. No wonder they have interpreted the message from above as more Mickey Spillane than Mickey and the Gang.

Chelsea is a hard-boiled club and youth development is a stream of income, not a philosophy that influences the plans of the first team

And then the transfer ban came – just when Chelsea got the most in need of reconstruction. This is the task that Lampard inherited and it is much closer in size to Moyes in United in 2013 than the traditional party at Stamford Bridge.

Someone messed up and it's not Lampard. But don't imagine that the vanity and ego of modern executive football will ever admit this.

If things go wrong, hero or not, we know who will bear the blame.

Chelsea owner Roman Abramovich has never had such a raw, so young named

UEFA PITCH STILL EVEN AGAIN

When a cat roamed the field at the Bayern Munich competition on March 14, 2018, the UEFA a very weak view. They fined the Turkish club nearly £ 30,000 for & # 39; insufficient organization & # 39 ;. Now we are waiting to see the UEFA & # 39; s accusation against themselves for the mess that befell the supercup final of last week.

Liverpool took place at the Besiktas Stadium, inspired by a small pitch invasion that meant an injury to goalkeeper Adrian. This is the third European final in Liverpool in less than 14 months and the third with pitch invaders. Could UEFA now be accused of insufficient organization? And if 17 months ago Besiktas was unable to manage a big game against Munich, how was a hosting performance their reward?

Adrian was injured by a pitch intruder after his victory over the Super Cup in the stadium of Beskitas

FACE TO NON-VAR ISSUES, TOO

This was always going to happen. VAR has not solved the football problems, but replaced them with a different set.

We are still arguing about offside, but from a new perspective regarding the precision of measurements; we are still arguing that the referee is missing a clear penalty, except that the referee is now in a video suite, not on the field; the most important thing is that we are still arguing about consistency and interpretation, because the beating heart of VAR is human and people are fallible or have different perspectives for the same event.

An important problem is that VAR seems to hand over its advantage to the defender. To hear that the free kick against Aymeric Laporte of Manchester City on Saturday would not have been given against Oliver Skipp of Tottenham, who was standing right next to him, is nonsense.

active while the other is not. Likewise, if there are repetitions to correct mistakes, why can't they be used after the game to deal with Aleksandar Mitrovic of Fulham, his face clamped and injury to Huddersfield, while clearly La Parra's Rajiv does not touched?

The championship does not use VAR, so nothing was done in real time – and the Football Association says the incident cannot be re-visited because referee James Linington saw it and took action.

op. Certainly with VAR we have abandoned the idea that the referee's decision cannot be challenged? And if it can be corrected from a video booth, what's the difference?

If Mitrovic should have a ban on cheating, that would be a good use of equipment. Instead, it seems that technology addresses a large number of problems that we didn't know we had, while problems that were most unaffected by the fans have been left behind.

Aleksandar Mitrovic grabs his face and injuries against Huddersfield on Friday evening

[1945902] BUNDESLIGA MORALITY LESSONS DASH NOT

Union Berlin played their first game in the Bundesliga on Sunday. It started with the home fans watching 15 minutes of silence in protest against the existence of opponents, RB Leipzig, described by Union & # 39; s ultragroup as a & # 39; built club that has absolutely nothing to do with our idea of football & # 39 ;.

Union bought 12 players in the summer, so they are not completely against market forces, but what about German clubs, officials and fans that every game turns into a moral lesson? Especially when, at the top, German football in no other country seems to differ from the game – if not worse.

Franz Beckenbauer and four other German football officials have been charged with fraud for the 2006 World Cup, Bayli Munich's departing president, Uli Hoeness, went to prison for tax evasion in the tens of millions, while Karl-Heinz Rummenigge – never more than a microphone away from a lecture on financial fair play – was heavily fined after he had not declared two Rolex watches worth £ 84,000 at customs. He returned from a trip to Qatar.

& # 39; The echoes have the club by their side, & # 39; snapped President of the Union, Dirk Zingler. RB Leipzig, which was formed in 2009 with the money from Red Bull, apparently outrageous, won 4-0. What the boring Bundesliga actually needs is more upstarts to challenge the established elite, instead of a new round of soapbox contamination and Bayern Munich 20 points again clear.

Union Berlin fans have 15 minutes silence observed in protest against the existence of RB Leipzig

IT IS NOTHING NEW TO BE A NEWCASTLE SLOW COACH

Norwich's defeat was bad for Steve Bruce and Newcastle, and the public expression of disappointment from his manager in his players can spring back. But a bad start to the campaign is hardly a shock to Tyneside. It was August 18, 2012, when Newcastle last won one of the first two league games of the season – a 2-1 win over Tottenham on the opening day.

Last year it was November 3 before Newcastle won in the league, while in 2014 and 2015 the first win came on October 18. In the other two seasons of Rafael Benitez, Newcastle lost their first two games – even in the championship. Indeed, during their last five Premier League campaigns, Newcastle played 15 games in August and won once, with only five draws.

With Tottenham away to play afterwards, it's hard to see that a corner will be turned around this weekend either. But a year ago, Newcastle also failed to beat Cardiff, Crystal Palace, Brighton and Southampton before their bleak run ended.

Their fortune turned against Watford who happened to visit St James & Park for a week on Saturday. That's when Bruce has to see his luck change.

Steve Bruce has had a very disappointing start to the season and it doesn't get any easier

GENDER ISSUE THAT RUN AND RUN

The rules are set, it is very unlikely that Maxine Blythin will play cricket for England. However, she can play for Kent. And does that, hitting for a large part of this season, with reasonable success.

& # 39; Two inning-anchoring scores of 43 and 48 from opener Maxine Blythin … sent Kent Women to two wins in their last two games of the season in the Vitality Women & County T20 & # 39 ;, was reported in June.

Blythin has an average of more than 30 for Kent in all competitions this season and also plays for St. Lawrence and Highland Court in the Women & # 39; s Southern Cricket League, where they average 123, including four centuries and a top score of 152 did not matter.

The reason that Blythin is probably not an international contender is because she is transgender. She identifies herself as a woman, meaning she would not pass the ECB test for testosterone limits. Next year, when the Women's Hundred starts in a semi-professional format, Blythin may also have to stop playing for Kent.

As it looks now, the policy of the ECB outside the English team is not medically driven, but socially inclusive. A person who identifies as a woman is a woman. Self-definition is no longer sufficient on a professional level. Kent flirts with next season's professionalism.

A women's group, Fair Play For Women, has already taken Blythin's involvement with county cricket as unreasonable.

& # 39; Evils that identify themselves as the women playing in ladies' competitions are arguably unfair, & it said. & # 39; The ECB manages to achieve a performance advantage over women. That is why women can use lighter and smaller cricket balls and the limits are closer. & # 39;

If the rules are set, it is very unlikely that Maxine Blythin will play cricket for England

They have a point. As a cricket player in the province, Blythin is one degree lower than the English team – Kent's captain is Tammy Beaumont, the current English cricket player, world cup winner and MBE – and the opening bat is a specialist position with limited opportunities.

Inclusiveness is important. But what about the Blythin player who stays outside the Kent team, who may work just as hard but lacks physical strength? How does inclusiveness work for her?

On the other hand, if the ECB broadens its testosterone test, where is the limit? County? Club? Village? If Blythin couldn't play for her club, let alone her district, where did she go?

Gender issues in sport become almost impossible complex, and administrative bodies stumble through the moral maze, they are not served by irreconcilable attitudes and incendiary bombs.

It is 10 years ago that Caster Semenya became internationally known at the World Athletics Championships in Berlin. The sport is still struggling with its circumstances and those of other intersex athletes. Yet Dr. Payoshni Mitra, an athlete rights activist who testified against the IAAF for Semenya this week about the case: & # 39; The witch hunt for young women with high testosterone is underway … & # 39;

Witch Hunt? What a mess. These are the governing bodies of the sport that try to find balance and fairness in competition. They mean no harm, no harm to an individual. They do not judge personal choices that go beyond the way in which they could influence the playing field. But they do. There is neither right nor wrong, but there must be rules. So here we are all.

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#MARTIN SAMUEL COLUMN: If Chelsea do crash #it will be Frank Lampard that gets burned"

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torentialtribute · 6 years ago

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Manchester United’s Chinese ‘experience centre’ opens with ship on club badge sailing the wrong way

Manchester United fans were left to the & # 39; experience center & # 39; with Red Devils.

The center wants to offer fans to the city of Beijing,

By Peter Rutzler For Mailonline

Published: 15:57 BST, June 12, 2019 | one of the Chinese & # 39; experience centers & # 39; was opened in Beijing with the ship on the Red Devils in the wrong direction.

United plan to enter the Chinese market by opening several such centers in the Asian nation 2020, with a & # 39; preview center & # 39; in Beijing

But as seen on a photo in the middle of the opening last week, a huge United emblem was clearly visible above the doors. shows an incorrect red Devils badge

The Red Devils' crest over Manchester United & # 39; preview center & # 39; in Beijing is incorrect "The Red Devil's ridge above the Manchester United preview center in Beijing is wrong

The Red Devil's ridge above the Manchester United ['previewcenter'previewcenter"

<img id = "i-9406cafd2b2f017e" src = "https://i.dailymail.co .uk / 1s / 2019/06/12/15 / 14698882-7133141-image-m-65_1560351323619.jpg "height =" 388 "width =" 634 "alt =" The ship at the top should sail from right to left in Beijing, it's going the wrong way "<img id =" i-9406cafd2b2f017e "src =" https://i.dailymail.co.uk/1s/2019/06/12/15/14698882-7133141-image- m-65_1560351323619.jpg "height =" 388 "width =" 634 "alt ="

The ship on the top should sail out

The ship of the club, which symbolizes the Manchester Channel, normally the sails from right to left.

Fans were quick to say Reddit that the summit was actually very accurate because it reflected how the club

Another user wrote: & # 39; It represents the dedication of the club to find a right winger & # 39 ;.

The Red Devils again suffered a hugely disappointing campaign last season, culminating in sixth place and a failure to qualify for the Champions League.

<img id = "i-36255400e66e6e9" src = "https://dailym.ai/2wQZD1K -25_1560348147371.jpg "height =" 423 "width =" 634 "alt =" Ole Gunnar Solskjaer is sending deadwood and introducing new players this summer "from deadwood and bringing in new players this summer"

Ole Gunnar Solskjaer dispatches deadwood as well as bringing in new players this summer

[DerodeDevil'sWelshInternationalWingerDanielJamesuitSwansea

Ole Gunnar Solskjaer has already begun the process of thoroughly overhauling United & # 39; s under-performing squad, and signed Daniel James from Swansea earlier this month for £ 17 million £ 500,000 a week in advance Alexis Sanchez and Belgian international to Romelu Lukaku.

But it seems that United may also have sent some deadwood from the Far East & # 39 ;.

The experience centers are built throughout China with the intention of offering & # 39; the excitement of the club without leaving home & # 39 ;.

They will allow Chinese fans to visit Old Trafford, develop skills, compete with friends and also buy United merchandise.

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torentialtribute · 6 years ago

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Can it get any better for Man City? Maybe not if UEFA get their way

Can you do better for Man City under the ownership of Sheik Mansour?

They are back-to-back They are back-to-back Premier League champions under Pep Guardiola

But the UEFA Financial Fair Play investigation threatens to halt their progress

and Nick Harris for the post on Sunday

were the largest teams of the Premier League , it is tempting to ask if this will be the peak of ownership of Sheik Mansour.

City insists that they are not guilty of financial fair play. lead to a Champions League

With the state apparatus of Abu Dhabi effectively behind them, as well as the Chinese state in CITC, it is unthinkable that they made the investment in City, which Sheik Mansour bought in 2008 , wither and die. Yet future regulatory challenges are significant – even if they avoid it.

Manchester City completed a domestic treble by winning the FA Cup final on Saturday "

Manchester City completed a domestic treble by finishing the FA Cup final on Saturday to win the FA Cup final on Saturday "

Manchester City completed a domestic treble by winning the FA Cup final on Saturday

There is a separate prospect of an FIFA transfer ban for signing minor players, which is also being investigated and the Premier League is investigating whether they have violated their Financial Fair Play rules.

However, the immediate threat comes from UEFA's Club Financial Control Body, who seem to have concluded that City has simply misrepresented their revenues, violating the fundamentals of FFP rules that information is complete and accurate

City says the CFCB & # 39; irrefutable proof & # 39; has ignored that they are acquitted and approved by an independent court, that the court of Arbitration for sport would overthrow the decision

But if the court agrees with the CFCB and CAS endorses that decision, The ban on the Champions League has huge consequences for their entire model. City has earned around £ 81 million from Champions League matches. Add in-gate money from five home games plus more sponsorship money that we are watching at least £ 90 million.

Apart from the fact that players and agents can be deterred by a club that is confronted with a European ban, it would be very difficult for City to comply with FFP rules to re-enter the Champions League to go.

<img id = "i-5024533958c12696" src = "https://dailym.ai/2Q9GYa9 image-a-62_1558214274446.jpg "height =" 551 "width =" 634 "alt =" <img id = "i-5024533958c12696" src = "https://dailym.ai/2J2OwKp /18/22/13667148-0-image-a-62_1558214274446.jpg "height =" 551 "width =" 634 "alt =" City has won back-to-back Premier League titles under Spanish manager Pep Guardiola "to- back Premier League titles under Spanish manager Pep Guardiola

City have won back-to-back Premier League titles under Spanish manager Pep Guardiola

THE FOUR TRIES THE CITY IN …

1. UEFA's investigation into an alleged violation of the FFP rules – which could lead to a ban on the Champions League

2. The Premier League also looks at City over & # 39; financial regulations & # 39 ;, as well as & # 39; recruitment of academy games and ownership of third parties & # 39 ;.

[FAA] FIFA investigates allegations that they have violated rules of third parties in connection with the Danish club Nordsjaelland.

Last year they had a turnover of £ 500.5 million and a profit of £ 10.4 million.

To participate in the Champions League, you can lose up to € 30 million for up to three months under the FFP rules. They would most likely agree to a return with UEFA: they would have to honor the contracts of existing players, but they would probably have entered into which allowed the club to break due to the income from Europe.

Even if City avoids a ban, they can expect a very stricter regulation. The current commercial income of the city is £ 235 million compared to £ 154 million from Liverpool in the same period.

If the CFCB decided it was an exaggeration, they could subject City's deals with Abu Dhabi partners to a new & # 39; fair value & # 39; test, where an independent assessor valued the value of the deal determines. That could reduce the commercial income that City could claim. Again, without that, they would make a profit and attract top players.

Leaked emails seem to show that the Mansour & # 39; s company immediately put money into Etihad. According to Der Spiegel, the emails they received also showed that former boss Robert Mancini had agreed an annual salary of £ 1.45 million when he joined in 2009, but also against a salary of £ 1.75 million with a club in Abu Dhabi of which Mansour is the patron. If City had not stated that in 2014, the CFCB could claim that the scheme was incorrect.

Can the city go even better? They face significant regulatory challenges

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