As part of his 2022 eNASCAR Coca-Cola iRacing Series championship victory, XSET driver Casey Kirwan has agreed to share with us not only his experiences onsite at the NASCAR Hall of Fame in Charlotte for his $100,000 championship win, but also his visit to Phoenix Raceway to celebrate the title and even his 2022 season as a whole. Here’s a throwback in Casey’s own words, along with some footage from her award-winning night and trip to Phoenix:

I had a lot of momentum heading into the 2022 season after the way we raced in 2021 and also with fresh energy moving up to No. 95 for 2022. We kicked things off with a Clash win at the LA Coliseum, which I wanted to earn pretty badly just to be a fan of the whole project.

From the start of the season we had really good speed and were consistently in the top 5/10 every week it seemed. Once May hit, we really started to pick up momentum. I led laps and was in contention to win at Kansas, then I led laps at Charlotte and Gateway and the strategy didn’t work. Nashville and Road America, we also ran really hard and it all led to Pocono.

At this point in the season I think there were about seven winners, and I was starting to worry a little bit about not having a win and what happened in 2021 happening again and missing the playoffs while being in the top five in points. Pocono has been my favorite track for a long time and I had a lot of confidence going into this race. I don’t remember exactly where we started, but I do remember being incredibly fast after about 20 laps of racing and getting into the lead before the first round of green-flag pit stops.

We ended up getting caught by a warning in the cycle and trapped around 15th or so, I think. Somehow we got back to the front and got another yellow at some point and went down to get two tires and come back to the front. We took the lead and then lost it on several attempts at green and white checks, and it all came down to the last attempt. I knew there was a lot at stake and that I was going to do anything not to miss another opportunity to lock in the playoffs, and with some physical contact with the line we barely got the win and made the playoffs.

Fast forward to the start of the playoffs in Bristol. I qualified terribly and worked my way up to the top 10, then got involved in a wreck and half flipped and destroyed the car. Luckily, through further chaos, we salvaged a P22 finish, but had some work to do to make the final four. I was super excited for Talladega because I really enjoyed the superspeedway package in Next Gen cars and thought I could do really well there. Well in the end I found myself pushing Collin Bowden separated from the peloton at the finish and ended up with a lot of contact and neither of us won and Zalenski stole a last 4 place which stung being so close to being locked out with a 100k shot but it was still solid points with a P3.

On Homestead, I believe second to sixth was separated by maybe six points, and I managed to set the best qualifying lap of my life and put it on pole. This speed continued throughout the race and it looked like we were sailing flawlessly to win and make the final 4 and then a late yellow changed all that. Lost the lead on the last pitstop, but luckily recovered a P3 anyway and made it into the final four.

Place at the end. Running inside the Hall of Fame was going to be something none of us had ever experienced. I had the luxury of being local, so I tore up my entire rig on Monday night after two weeks of 2,000+ lap practice for this race and took it to the Hall. Another benefit of being local was having a group of friends and family who could come watch and see lots of familiar faces before the race. All the preparation for the race was super cool and feeling any kind of atmosphere versus being at home was awesome. Once we start the race, your concentration and tunnel vision kick in and block out most outside noise.

At the final restart, I lined up fourth out of the last four, and that’s when the intensity really picked up. As we all fought, you could hear the crowd getting louder and giving the whole race even more energy. Once I got the lead and we started getting closer to finishing under 20, I started to hear the show a little more and hear them buzzing about a touch here and there and I was just praying there was no yellow. Luckily a yellow never came – taking the white flag was the biggest sigh of relief of my life and it started to settle. The feeling of crossing the line will forever be etched in my memory, from all the hard work and everything. my whole career has paid off. It was super special to share this moment with all the family and friends that I talked about earlier to be able to be there and experience it all.

Then at the best moment: the trophy. Most won’t believe me when I say once I saw the trophy I wanted as much if not more than $100,000. That’s the only downside to virtual races: there aren’t many trophies to earn stuff, and I’ve been really wanting a nice trophy for the bottom of the stream for a while. And for him to have Dale’s name on it was super special and for him to showcase it with everything he’s done for iRacing and sim racing. It was also super cool to chat with Dale for a bit and check out some cool cars on Glory Road afterwards. One of the highlights of the evening was going upstairs and going to Lightning McQueen, and taking pictures with the trophy after winning the 95 was just perfect.

Two weeks later we were able to make the trip to Phoenix for the championship weekend. It was a super fun trip with of course being able to see all three championship races in person and in the NASCAR suite which was awesome. But also meeting so many nice people and catching up with old friends I haven’t seen in a while. On Sunday we were able to present the checks on stage before the Cup race and cap off an incredible weekend and year.

Many thanks to NASCAR and iRacing for all the experience and everything they have done for the series with Coca-Cola. Also big thanks to XSET for the support over the past 2 years and it was super cool to get them a championship. Expect 2023 to try and start all over again!

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Check back to the news blog throughout the day for all the latest headlines from the Goulburn Valley.

A note from our editor

The daily news blog has been a way for our team to keep you up to date hour by hour in the midst of a global pandemic.

While the ongoing severity of the COVID-19 outbreak across the world should not be downplayed, the conversation has shifted from what we do “now” to what we do “next”.

The need for analysis, in-depth coverage and exclusive content outweighs the “breaking” nature of the news cycle, and with that comes the commitment of more resources to the daily blog.

This means that from Wednesday May 4, this content will resume its place behind our paywall. For full digital access, subscribe to our “welcome” package; it’s only $2 a week for 12 weeks. Join | Shepparton News

We loved having you with us as we explored a new way to deliver content directly to you – and we hope you’ll stay with us for the next leg of the journey.

Tyler Maher, Shepparton News Editor

Hello Goulburn Valley,

Caitlyn Grant returns again for the day of days, the day of the bump.

We’re looking at a high of 17 degrees with quite a bit of rain, so if you’ve got laundry to wash, skedaddle.

UPDATE 12.15pm: Van almost crashes into police vehicle

We have court news fresh from the press.

A court heard a Mooroopna man was driving on the wrong side of the road and nearly hit a police van as he rounded the corner.

The court also heard that he fled when police chased him for 1.5 km.

Read here.

UPDATE, 10:45 a.m.: Flu vaccine available at the McIntosh Center every Friday

In addition to the first, second, third and fourth doses of the COVID-19 vaccination, the vaccination center at Shepparton Showgrounds McIntosh Center will offer flu vaccinations every Friday starting this week.

Influenza vaccines will be available to eligible people through the National Immunization Program.

No appointment is required for the flu vaccination and if people need to be vaccinated against COVID-19, this can also be given at the same time.

The vax hub is open Monday, Wednesday, Thursday and Friday from 9 a.m. to 5 p.m., and Tuesday from 1 p.m. to 9 p.m.

UPDATE, 9:15 a.m.: headlines to start the day

A Shepparton family have called on schools and the wider community to keep up to date with important cultural and religious dates after their children missed school photos because they clashed with the Eid celebration al-Fitr.

I don’t know if you noticed, but a 17-day construction blitz at six level crossings along the Shepparton railway line wrapped up over the weekend.

As we enter election week, independent candidate for the Nicholls federal seat Rob Priestly has said that minimum service standards for health and care for the elderly will be the main policy he will bring to Parliament and his currency. of exchange to obtain the support of a large party in the event of a suspended parliament.

And finally, early Saturday morning, people were reportedly threatened with machetes outside the Australian Hotel in Shepparton.

RADAR CHECK: We have a classic case of widely scattered showers and thunderstorms on radar this afternoon… the thunderstorms are lined up near I-20, heaviest east of Birmingham. Small hail was reported around Anniston and near Piedmont in Calhoun County. The rest of the state is dry with a mix of sun and cloud…temperatures are in the mid to upper 80s; for some places it is the hottest day so far this year. The widely scattered thunderstorms will end tonight after sunset, and tonight will be fairly fair with lows in the 60s.

Tomorrow will be warm and mostly dry with only a small chance that one location will see showers…highs will be around 86 to 90 degrees.

FRIDAY: Showers and thunderstorms are likely Friday before a cold front. SPC has much of the state in a “slight risk” (level 2/5) of severe thunderstorms.

It looks more and more like we will have two rounds of storms on Friday. One in the morning and another (storms being more dispersed in nature) in the afternoon. It won’t rain all day, but be aware that when the storms pass, you’ll be lucky to have large hail and strong winds with the heaviest cells. The wind patterns really do not favor a tornado threat, but a brief, isolated tornado cannot be completely ruled out in this pattern. Rainfall amounts on Friday are generally expected to be 1/2 inch or less, and the maximum will be between 79 and 83 degrees.

Most storms will be over in the northern half of the state by Friday evening, and lingering storms over southern Alabama are expected to be over by midnight.

MOTHER’S DAY WEEKEND: Dry air returns on Friday evening, and the weekend will see sunny days… the high on Saturday will be near 80s, followed by the mid 80s on Sunday.

NEXT WEEK: Most of the week will be dry, with the potential for the hottest weather so far this year by the middle of the week as temperatures climb towards the 90 degree mark. Global patterns suggest some showers could appear by Friday (May 13)… See the Weather Xtreme video for maps, charts and more details.

ON THIS DATE IN 2007: A devastating EF5 twister demolishes nearly every structure in Greensburg, Kansas around 9:30 p.m. CT and kills ten. The Mammoth Wedge Tornado cuts a 1.7-mile-wide, 22-mile-long swath across the Kansas landscape. It was the worst tornado to hit the United States in eight years.

ON THIS DATE IN 2021: Rainfall totals have reached five to seven inches in and around Shelby/Jefferson counties. A rare flash flood emergency has been issued to highlight the deadly nature of flooding in Birmingham Underground. Many roads were closed, some structures were flooded and water rescues were carried out.

BEACH FORECAST: Click here to view the AlabamaWx Beach Forecast Center page.

BRAIN WEATHER: Don’t forget you can listen to our weekly 90 minute show anytime on your favorite podcast app. It’s the weather show featuring many familiar voices, including our meteorologists here at ABC 33/40.

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FARGO — The University of North Dakota wants its sports teams to get all of North Dakota State’s television coverage, and more.

In an aggressive request for proposals circulated last week, UND wants all of its conference football games – home and away – to be televised by its broadcast partner, along with all men’s and women’s basketball home games. , volleyball, football and softball.

This is added to every home hockey game.

UND also wants pre-game and post-game shows, one-hour live recruiting shows and series highlighting its hockey and football programs to be produced by its television partner.

The university also wants its broadcast partners to serve primarily as UND’s marketing, promotional, and public relations arms.

“The University of North Dakota is seeking partners who will provide quality programming and aggressively promote that programming across an entire portfolio of assets,” the Request for Proposals (RFP) states. “It is important that there is an effort from media partners to promote UND not only during the season, but throughout the calendar year as well.”

the

Tenders for UND television and radio rights were published last week on the state procurement website

. The school plans to award the rights by early summer.

Midco Sports of Sioux Falls, SD has held the television rights for UND sports since 2012. The last time the rights were available, in 2017, UND awarded Midco a five-year contract without a bid because there was no other interested parties.

But Fargo-based Forum Communications, owner of WDAY-TV and The Forum, is known to be interested this time around. Industry sources say Gray Television’s KVLY-TV may be interested in showing UND football matches if the school is willing to split the overall rights. KVLY aired North Dakota State football for 12 years before Forum Communications secured the rights to Bison in 2021, so the station could use UND to fill that hole.

KVLY augmented NDSU’s football broadcasts about a decade ago, airing games on a statewide network that covered North Dakota, then hitting the road to broadcast most games in exterior of the Bison.

When Forum Communications secured the rights in 2021, it continued football coverage while adding broadcasts of more men’s and women’s home basketball games and some other sports like volleyball, baseball, soccer and softball.

UND is clearly trying to match NDSU’s TV coverage and in some cases exceed it.

The tender is, in the words of one industry source, “very specific, to say the least”.

Sometimes the RFP states that the UND is looking for a marketing and PR partner as well as someone to broadcast their games on TV.

“The University of North Dakota expects consistent and frequent coverage of the Fighting Hawks throughout the calendar year,” the RFP states. “The university is seeking a partner who will coordinate with UND communications and athletics staff to establish and implement an annual plan…”

The university wants its TV partner to act as a production company for its athletic department, using the TV station’s employees, equipment, time and money to produce content that will be owned by the university. university.

By calling for the production of “content on demand” such as the series “Day by Day” on UND football or “Through These Doors” on UND hockey, the RFP asks its TV partner to produce 15 to 20 episodes per year academic while “UND will be the copyright holder of these episodes and all episodes will be posted on UND’s YouTube channel and social media accounts.”

Guaranteed money, of course, will be an important aspect of the deals, but it seems to trump how much content the broadcast partner can produce and how it will be distributed.

“We encourage submitters to create proposals that will serve our existing fan base and reach new fans,” the RFP states. “Ultimately, we are looking for a true partnership that will equip our university with innovative and quality media assets that will differentiate UND from its peers.”

UConn baseball rode its midweek schedule again this week, earning victories over regional opponents Northeast and Yale, moving to 34-8 on the season.

Ahead of two of their toughest conference series of the season, against Creighton the weekend of May 6 and against Xavier the following weekend, the Huskies need to rack up all the confidence wins they can get.

Here’s how this week’s matches went.

Tuesday: UConn 5, Northeast 2 (10 rounds)

It took longer than the allotted nine innings to do so, but the Huskies managed to pull off a 5-2 victory at Northeastern on Tuesday afternoon.

The Huskies were down 2-0 in the seventh inning when third baseman Zach Bushling hit a double against the wall in left field, and Ben Huber brought it home with an RBI single. Christina Fedko in turn brought Huber home to tie the game at two, and that score would put her in extra innings.

In the 10th inning, the Huskies managed to get traffic on the base paths. David Smith started the rally getting hit by a pitch, then the Huskies were able to charge the bases. UConn went forward on a batter with the bases loaded, and Bushling put the nail in the coffin with a two-run RBI single to make it 5-2.

The Huskies bullpen supported their offense with several innings extinguished. Freshman Patrick Sullivan provided a pair of scoreless innings, and Devin Kirby and Brady Afthim combined for 3 2/3 scoreless ball innings.

Southpaw Brendan O’Donnell took the win, as he managed the ninth, and closer Justin Willis relieved him with a tenth inning 1-2-3 to grab the stoppage.

Wednesday: UConn 8, Yale 4

UConn baseball returned home to Elliot Ballpark on Wednesday afternoon and continued the momentum of its big comeback win with an 8-4 win over Yale.

The Huskies took an early lead, scoring in each of the first five innings, and managed to fend off a late Yale comeback to claim their third straight win.

Erik Stock and Ben Huber opened the scoring with an RBI double and RBI single respectively in the first inning. Huber led the Huskies on offense in the game, going 4 for 5 with three doubles and three RBIs. Freshman wide receiver Matt Garbowski returned to the lineup as the designated hitter after three weeks on the injured bench and delivered offensively, going 2-for-3 with an RBI double.

The Huskies scored six runs through the first five innings and added two more in the eighth inning for insurance.

Ian Cooke threw another gem on the mound, closing the Bulldogs with five scoreless innings to go 7-0 on the season. The Huskies bullpen was shaky after he left, allowing all four runs in the seventh inning or later, but the home side managed to hold on for the win, as Willis entered the game to win the last two withdrawals.

And after

UConn’s next baseball series will feature a trip to Indianapolis, on Butler’s route. Game 1 of the series is Friday at 4 p.m.

For immediate release

Chicago, IL – April 27, 2022 – Zacks.com announces the list of stocks featured in the analyst blog. Every day, Zacks Equity Research analysts discuss the latest news and events impacting stocks and financial markets. Stocks recently featured in the blog include: Novo Nordisk A/S NVO, Advanced Micro Devices, Inc. AMD, Netflix, Inc. NFLX, Merck & Co., Inc. MRK, and Marsh & McLennan Companies, Inc. MMC.

Here are the highlights from Tuesday’s analyst blog:

Top research reports for Novo Nordisk, AMD and Netflix

Zacks Research Daily features top research results from our team of analysts. Today’s Research Daily features new research reports on 16 major stocks, including Novo Nordisk A/S, Advanced Micro Devices, Inc. and Netflix, Inc. These research reports have been handpicked from the few 70 reports released by our analyst team today. .

You can see all today’s research reports here >>>

Shares of Novo Nordisk have outperformed the industry Zacks Large Cap Pharmaceuticals over the past year (+53% vs. +28.4%). The diabetes drug marketed by Novo Nordisk, Ozempic, is off to a good start. The launch of Rybelsus also looks impressive. Annual growth is driven by all geographic areas. Novo Nordisk has one of the broadest diabetes portfolios in the industry. Ozempic, Rybelsus, Xultophy and Saxenda helped the company maintain momentum.

The Zacks analyst believes Label’s expansion of these existing drugs should further boost sales. However, lower prices realized in the United States, loss of product exclusivity and fierce competition are affecting sales. Sales are also negatively impacted by the COVID-19 pandemic. Additionally, Wegovy’s supply issues hurt the stock. Patent expiration on some of the products in Novo Nordisk’s portfolio is also of concern.

(You can read the full Novo Nordisk research report here >>>)

Advanced micro-systems shares have gained +2.2% over the past year against the industry’s +4.4% gain Zacks Electronics – Semiconductors. The company is benefiting from strong demand for its Ryzen and EPYC server processors, thanks to the growing proliferation of artificial intelligence (AI) and machine learning (ML) in industries such as cloud, gaming and data centers. The growing weight of 7 nanometer (nm) products in the data center vertical market, driven by work-from-home and e-learning trends, is a key enabler. AMD provided strong revenue guidance for 2022, supported by robust growth across all businesses.

Increasing revenue from servers and client processors will likely lead to a sequential increase. Acquisitions of Xilinx and Pensando will bolster AMD’s data center business. Alliances with Amazon, Microsoft, Baidu and JD.com are likely to increase business prospects. However, fierce competition from NVIDIA and Intel remains a concern.

(You can read the full research report on Advanced Micro Devices here >>>)

netflix shares are down -60.0% over the past year against Zacks Broadcast’s radio and television industry decline of -43.0%. The company is suffering from fierce competition in the streaming space like Apple, Amazon Prime Video, HBO Max, Disney+, Peacock, Paramount+ and TikTok. The company’s leveraged balance sheet and higher broadcast requirement are major concerns. Fierce competition, the adverse impact of account sharing, sluggish economic growth, rising inflation, the Russian-Ukrainian conflict, and some ongoing disruptions due to COVID-19.

However, Netflix is ​​expected to continue dominating the streaming space, thanks to its diverse content portfolio, which is attributable to heavy investments in the production and distribution of foreign-language localized content.

(You can read the full Netflix research report here >>>)

Other noteworthy reports we’re featuring today include Merck & Co., Inc. and Marsh & McLennan Companies, Inc.

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Past performance is not indicative of future results. The potential for loss is inherent in any investment. This document is provided for informational purposes only and nothing herein constitutes investment, legal, accounting or tax advice, or a recommendation to buy, sell or hold any security. No recommendation or advice is given as to whether any investment is suitable for any particular investor. It should not be assumed that investments in the securities, companies, sectors or markets identified and described have been or will be profitable. All information is current as of the date hereof and is subject to change without notice. The views or opinions expressed may not reflect those of the company as a whole. Zacks Investment Research does not engage in investment banking, market making or asset management of securities. These returns come from hypothetical portfolios composed of stocks with Zacks Rank = 1 that have been rebalanced monthly without transaction fees. These are not the returns of actual stock portfolios. The S&P 500 is an unmanaged index. To visit https://www.zacks.com/performance for more information on the performance figures displayed in this press release.

Zacks names ‘only one best choice for doubling up’

From thousands of stocks, 5 Zacks experts have each picked their favorite to skyrocket by +100% or more in the coming months. Of these 5, Research Director Sheraz Mian selects one to have the most explosive advantage of all.

It’s a little-known chemical company that’s up 65% year-on-year, but still very cheap. With relentless demand, rising earnings estimates for 2022 and $1.5 billion for stock buybacks, retail investors could jump in at any moment.

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The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.

A common question that many search engine optimization (SEO) strategists ask themselves is, “How long until SEO strategy takes off?” The short answer is: “It depends.” There is no concrete answer that will encompass the duration and hours needed to complete such a task.

The most important factor in determining how long it takes to start seeing results for SEO is making sure your website pages are indexed.

Indexing is the initial requirement for rankings

Google needs to index every page on a site if you want them to be found in search results. If a URL can’t be indexed, it has no chance of ranking. So all your hard work to write compelling content is for nothing if the content on the page has not been indexed.

Depending on the site and many factors (site size, frequency of adding content, and link authority), Google may come back to crawl the site more often. This can be daily or weekly and less frequently for some sites – once a month or even less often.

Until these pages are re-crawled, Google has no idea that the content of the page has changed. Maybe you’ve updated the keywords on this page, added helpful links, or provided compelling content that answers a searcher’s query. All of these things are great but won’t help you rank higher until the page gets re-indexed. No indexing means no chance of ranking.

When you’ve optimized for SEO performance, you don’t have to wait for Googlebot to decide to crawl your site and find the pages that have changed and re-index the URL.

How to request indexing in Google

Google Search Console has a handy feature that lets you start the process of indexing or re-indexing a page on your site. In order to potentially get crawled faster, you can nudge Google, telling the search engine that you want it to crawl and index your page. You can do this by going to Google Search Console, making sure you’re in the right account, and performing a URL inspection.

In the “Inspect any URL” field, enter the specific URL for which you want to request indexing. Next, click on “Request Indexing” as shown in the image below.

Pressing the magic button labeled “Request Indexing” instructs Google to re-crawl that URL and then update its index. Once Google updates its index with the new page, it is algorithmically able to reconsider its ranking for that specific page based on your optimization.

Google Search Console will show a message saying: “Testing if the live URL can be indexed”.

It will then say “Indexing requested” with the message “The URL has been added to a priority crawling queue. Submitting a page multiple times will not change its position in the queue or its priority.”

Once changes have been made to a page, requesting indexing on Google Search Console lets the search engine know that you have made a change to it. You don’t need to wait for Google to decide to crawl the page for your optimization to be indexed. The steps above allow you to try and speed up the process by telling Google that this page has changed and needs to be re-indexed.

When will performance change?

When Google changes its ranking – and how much the ranking changes – depends on Google’s algorithmic assessment of the novelty and value of the change you’ve made.

For example, optimizing the textual content of a page could have an impact overnight once the optimization is indexed, or it could take months to start working. The difference is usually impossible to predict because you are dealing with a complex algorithm whose secrets are closely guarded by Google.

Sites with high levels of authority or brand recognition tend to see faster performance improvements, although this may be related to the higher frequency with which Google crawls its sites.

However, those asking when they can see SEO starting to work tend to ask the question at the organic channel level as a whole rather than at the page level. Individual page optimization can see performance changes as they are optimized and re-indexed. It takes longer for enough of these pages to be optimized, re-indexed, and re-ranked for a change in performance to be visible to the site’s organic channel as a whole.

The sooner you implement strong SEO strategies, the sooner you will see a change in performance across the channel.

It’s true: SEO results aren’t as instantly rewarding as running a pay-per-click campaign. SEO is an ongoing, long-term success strategy that you need to invest in to stay competitive. While you can’t tell precisely when SEO will produce effort, ongoing optimization efforts are key to improving organic search performance over time.

Federal rule of evidence 407, dealing with the inadmissibility of subsequent remedies, is not that complicated – as the federal rules say. It contains only 73 words:

Where action is taken that would have made an earlier injury or damage less likely to occur, evidence of subsequent action is not admissible to prove:

• neglect;
• culpable conduct;
• a defect in a product or its design; or
• need for a warning or instruction.

But the court may admit such evidence for other purposes, such as impeachment or – if contested – proving ownership, control or the feasibility of conservatory measures.

It would have been even shorter, if some courts had not insisted on reading a strict liability exception in Rule 407 which was simply not there. Thus Rule 407 was amended in 1997:

to provide that evidence of subsequent corrective action cannot be used to prove “a defect in a product or its design, or that a warning or instruction should have accompanied a product”. This amendment adopts the view of the majority of circuits that have interpreted Rule 407 as applying to product liability claims.

EN Obviously. 407, Committee Notes on the 1997 Amendments.

The problem is that the courts still cannot steer clear of the very plain language of Rule 407 – if the alleged injury “predated” the “action” the defendant had “taken”, and he there is no other “purpose” for the evidence in question, it is excluded.

In 2010, we reviewed a restrictive legal gloss on Rule 407 – an exception based on the “policy” that the rule does not apply to government-imposed measures. This caveat was made up from scratch, since the wording of Rule 407 makes no such distinction, and no caveat is mentioned in any committee memorandum. Fortunately, this 2010 decision was an anomaly favorable to the plaintiff, and label changes, recalls, etc. required by the FDA continue to be subject to the exclusion based on Rule 407. See, for example, Yates vs. Ortho-McNeil-Janssen Pharmaceuticals, Inc.808 F.3d 281, 292 (6th Cir. 2015) (“we will not consider evidence of subsequent improvement in a drug label as evidence of prior failure to warn, even in cases like this one where the FDA mandated the labeling change”) (citing Rule 407). Bexis collates these cases in §11.01[2][a] nn.101-106 of his book.

However, having two strikes against them hasn’t stopped the other side from trying to bring up other exceptions to rule 407. Our current issue involves a few decisions to graft a causation/intent requirement onto the rule 407 – even though the current rule nowhere deals with causation. So in Godelia v. Zoll Services, LLC2019 WL 3883682, at *1-2 (SD Fla. Aug. 16, 2019), the court inexplicably found that a post-accident corporate audit report was not excluded under Rule 407 because he was not motivated by the incident which injured the plaintiff:

The record does not reflect that the defendant held [the outside auditor] carry out the audit to render the damage suffered by [plaintiff] less likely to occur or to remedy the problems encountered by the respondent with corrective and preventive measures to [the claimed defect]. . . . The defendant thought there was a communication problem with the FDA. In response to this belief, the defendant retained [the auditor] − do not remedy [plaintiff’s claimed] regulatory defects or failures. . . . Therefore, this analysis and this audit report do not constitute subsequent corrective measures and are admissible.

Identifier. to *2 (footnote omitted). To see In re Davol, Inc./CR Bard, Inc., Hernia Mesh Polypropylene Product Liability Litigation, 518 F. Supp.3d 1028, 1036-37 (SD Ohio 2021) (relying on Rule 407’s “policy” against “deterrence” to avoid exclusion of subsequent remedy “does not trigger[ed]by “injury to the plaintiff”).

The interpretation of Rule 407 in these cases goes beyond mere judicial gloss. Rather, it goes against the most recent (2011) amendments to Rule 407. Prior to 2011, Rule 407 at least mentioned causation – the first clause stated that “[w]then, after injury or damage allegedly caused by an event, action is taken. . . .” (Emphasis added). The 2011 amendments even eliminated this oblique reference, replacing the current, outcome-only wording: “When action is taken that would have made a prior injury or harm less likely to occur. . . .” Moreover, since the 2011 amendments completely omitting causation were not intended to have a substantial effect, to see Committee notes on 2011 changes (“styling only”), the current absence of any reference to causation in the rule is a further indication that rule 407 was never intended to require a causal relationship between the injury of a particular plaintiff and the subsequent remedy of a defendant.

Fortunately, most courts have not restricted Rule 407 on this extratextual basis. Instead, they take a broad view, excluding evidence of any subsequent remedial action that, if taken previously, would have made harm or harm generally less likely to occur, without reference to any particular plaintiff.

[Plaintiffs] seek to circumvent Federal Rule of Evidence 407 by insisting that the change was not a subsequent “remedial” action because, according to the affidavit of a [defense witness], the change was not prompted by security concerns. But [defendant’s] the reason for the change is irrelevant. All the rule requires is that the measure “would have made the injury or harm less likely to occur”.

Chlopek v. Federal Insurance Co., 499 F.3d 692, 700 (7th Cir. 2007) (citing text of Rule 407). Earlier in Mills v. Beech Aircraft Corp.886 F.2d 758, 763 (5th Cir. 1989), the court declined to turn the exclusion of Rule 407 into a battle over the defendant’s subjective intent, instead stating:

In the present case, as in the vast majority of cases, it is not known why the changes were made. Rather than attempting to prove or disprove the reasons for subsequent product modifications, we should consider the probative value of that evidence on the point at issue. . . if the product or design was defective at the time the product was sold. . . . The introduction of evidence regarding subsequent changes to the product or its design may confuse the jury by diverting their attention from the question of whether the product was defective at the relevant time to what was done later.

Identifier. at 763 (quote and quotation marks omitted) (emphasis added). To see Bush v. Michelin Tire Corp., 963 F. Supp. 1436, 1449 (WD Ky. 1996) (“The language of the rule does not concern the defendant’s intention to take the subsequent measures. It merely asks whether the subsequent measures could have prevented the prior accident.”); see also Maiorano v Home Depot USA, Inc.2018 WL 2128609, at *3 n.3 (SD Cal. May 9, 2018) (citing and following Chlopek). see Hasebrock v. Air & Liquid Systems Corp.2016 WL 4496917, at *6 (WD Wash. April 11, 2016) (Rule 407 prohibits the admission of defendant’s subsequent remedies after the date of the plaintiff’s last exposure to asbestos, even if that exposure was not from defendant’s products).

The issue has also been raised in a number of state cases applying analogs of Rule 407. We caution that in all such cases the language of the relevant rule may not be identical to Rule 407, but Here are some examples of high state courts: Johnson v. State, Department of Transportation233 P.3d 1133, 1137 (Ariz. 2010) (“Rule 407 requires the exclusion of evidence of subsequent steps to prove a party’s negligence or culpable conduct, even when such steps are taken without specific knowledge of the accident in question”); Martin v. Norfolk Southern Railway Co.271 SW3d 76, 88 (Tenn. 2008) (Rule 407 applied even if the action was “taken pursuant to company policy” rather than in response to an accident, because “it corrected a condition allegedly dangerous and made the [area] safer ” ); Webb v CSX Transportation, Inc.615 SE2d 440, 448 (SC 2005) (“narrow interpretation” of Rule 407 “that only actions taken in direct response to the accident are eligible for exclusion” rejected because it “ignores the literal language of the rule” ); Doe v. Johnston476 NW2d 28, 34 (Iowa 1991) (rule 407 “policy would not be served if evidence of defendants’ changed behavior could be used to prove liability simply because the defendant was unaware that an injury or accident occurred was produced”).

Decisions applying Rule 407 in the specific context of prescription medical product liability litigation also apply the rule bluntly in determining whether the plaintiff’s injury somehow caused the defendant to take the remedy at issue. . “[A] the plaintiff could not avoid the effect of Rule 407 simply by arguing that a label change was not motivated by safety concerns. Hill v Novartis Pharmaceuticals Corp.944 F. Supp.2d 943, 961 (ED Cal. 2013).

[T]The court did not find that the lack of a ground for relief precluded exclusion under Rule 407. . .[, and] other courts dealing specifically with this specific issue have decided otherwise. The Court reaffirms its conclusion at the pre-trial conference that the intention or subjective motive for taking a remedy is not a determinative precondition for exclusion under Rule 407.

In re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation2010 WL 2015146, at *1 (MD Ga. 20 May 2010). To see Herrera-Nevarez vs. Ethicon, Inc.., 2017 WL 3381718, at *3 (ND Ill. 6 Aug 2017) (rejecting the argument that Rule 407 did not apply because “the change was not made for security reasons or for other corrective reasons”); In re Depakote, 87 F. Supp. 3d 916, 925 (SD Ill. 2015) (“the reasons are irrelevant to the Court’s rule 407 analysis”) (both Chlopek– related courts).

As this discussion indicates, there has not been much litigation about what prompted a defendant to undertake a particular remedy in a prescription medical product liability dispute. Like the possible strict liability and governmental warrant exceptions, this purported exception has no basis in the text of Rule 407, and that should be the end of the investigation. We think things should stay that way. “When the express terms of a law [here a rule, but the proposition is the same] give us one answer and extratextual considerations suggest another, it’s not a contest. Only the written word is the law, and all people are entitled to its benefit. Bostock v. Clayton County, Georgia, 140 S.Ct. 1731, 1737 (2020).

OPINION: The current pandemic has generated so many messages of sadness and doom that it is a pleasure to discover a ray of light in the darkness. The Drinks Business reports that drinking wine could reduce the risk of Covid infection.

An extensive study of the medical records of 473,957 people tracked alcohol consumption and Covid infection during the pandemic. While noting that “the adverse effects of alcohol consumption have been widely documented, the observed relationships between alcohol consumption and disease are often non-linear, with low to moderate alcohol consumption being protective and heavy drinking of alcohol being harmful”. The study found that compared to non-drinkers, the risk of Covid-19 was 10-17% lower among red wine drinkers and 7-8% lower among white wine and champagne drinkers.

Beer and cider drinkers, on the other hand, had a 28% increased risk of Covid infection.

The beneficial effect could come from polyphenols, which are higher in red wine than in white wine. “Red wine offers additional benefits over other alcoholic beverages, likely due to its higher polyphenol content, lowering blood pressure, inhibiting oxidation of low-density lipoprotein particles, and other favorable effects on the body. cell redox state, by improving endothelial function, inhibiting platelet aggregation, reducing inflammation and cell adhesion, and activating proteins that prevent cell death,” the study notes.

Most of us will have a hard time understanding this scientific explanation. However, the bottom line seems to be that wine drinkers, especially red wine drinkers, can get some protection from Covid. They must of course meet the recommended drinking guidelines of two standard drinks per day for women and no more than 10 standard drinks per week, and three standard drinks per day for men and no more than 15. standard drinks per week.