On Parr: The Use and Propriety of Appraisal Methods in Computing Fracking Awards

Parr v. Aruba Petroleum, Inc. made headlines in 2014 for being the first hydraulic fracturing (“fracking”) case to result in a jury verdict. In Parr, a Texas jury awarded $2.925 million to compensate the Parr family for injuries sustained as a result of Aruba Petroleum’s nearby fracking activities. Of the nearly$3 million verdict, the jury awarded $275,000 for diminution in property value. Thanks to the fiercely litigated and highly publicized trial and appeal, scholars, practitioners and academics received a rare glimpse into an area of litigation otherwise insulated from public view by out of court resolutions and confidential settlement agreements.In this interdisciplinary paper we will provide an overview of the valuation process, addressing issues specific to diminution in value in the context of fracking and similar incidences of environmental contamination. We will then explain the various appraisal methods within the context of real estate litigation, including the Sales Comparison Approach, Income Approach and Cost Approach. Using Parr as a test case, we will then analyze the unique appraisal challenges presented by the hydraulic fracturing and analogous toxic torts fact patterns, evaluating the probative value and persuasive necessity of each approach. Finally, we will make predictions about the rapidly evolving fracking litigation sphere, analyzing new challenges presented to homeowners, energy companies and the judiciary when faced with allegations of diminished property values.

Stealing Time: The Propriety of Alleging Common Law Conversion in Modern Wage Theft Lawsuits

The words “wage theft” frequently make headlines when workers sue employers for underpayment or nonpayment of wages.[1] Wage theft is “the illegal refusal by an employer to pay a worker the wages and benefits that he or she has legally earned.”[2] In the United States, employer violation of wage and hour laws is a vast and enduring problem, affecting as many as two-thirds of workers. In an attempt to combat this epidemic threat to hourly workers’ bottom lines, legislatures have fashioned numerous laws, some even invoking the power of “wage theft” terminology, such as New York’s Wage Theft Prevention Act.[3] However, despite the pervasive usage of the term “wage theft” by the media, politicians, and pundits, a search of the term “wage theft” in legal libraries yields little precedent. This begs the question: can employers be liable for conversion for failing to compensate employees for time-spent working? The efficacy of conversion claims in wage related lawsuits remains an unsettled question. However, if as a society we are sounding the alarm in every incidence of possible wage and hour law violations, we ultimately misinform the population of potential plaintiffs regarding the viability of a claim for theft, or conversion, of earned yet unpaid wages.The term “wage theft” is not a term of art; its closest legal corollary is the common law tort of conversion. Although we as a society frequently identify underpayment or nonpayment of wages as “wage theft,” pleading and proving that the employer has converted an employee’s wages presents an array of challenges that few plaintiffs can overcome. In this paper, we will explore the term “wage theft” as used in our society, and we will contrast this common understanding with the strict legal framework within which plaintiffs must present “wage theft” claims. Finally, we will explore this disconnect in an attempt to reconcile why such a gap exists, and persists, between the commonplace description of a worker’s reality, and the laws available to make the worker whole again. While it appears the term “wage theft” equates more readily with an exclamation of outrage than an effective claim for relief, its persistence underscores the continuing need for common law remedies, like conversion, to fill in the enforcement gaps left behind by persistently reactive legislation. [1] See Brady Meixell and Ross Eisenbrey, An Epidemic of Wage Theft Is Costing Workers Hundreds of Millions of Dollars a Year, Economic Policy Institute (Sep. 11, 2014),  http://www.epi.org/publication/epidemic-wage-theft-costing-workers-hundreds/; Josh Eidelson, LinkedIn Stiffed its Own Employees, Agrees to Pay Millions, BUSINESSWEEK (Aug. 5, 2014), https://www.bloomberg.com/news/articles/2014-08-05/linkedin-stiffed-its-own-employees-agrees-to-pay-millions; and Monica Potts, The Very Real Scourge of Wage Theft, THE DAILY BEAST (Feb. 15, 2015), http://www.thedailybeast.com/articles/2015/02/15/the-very-real-scourge-of-wage-theft.html.[2] Hilda L. Solis, Wage Theft Harms All of Us, The Huffington Post (July 19, 2015), http://www.huffingtonpost.com/hilda-l-solis/wage-theft-harms-all-of-u_b_7829514.html.[3] Wage Theft Prevention Act, 2009 N.Y.S.N. 8380 (Apr. 12, 2011)

A virtual reality martial arts-based intervention reduces pain, drug craving, and stress in patients with opioid use disorder

Background: Some individuals with opioid use disorder (OUD) report high levels of pain, anxiety, stress and drug craving that may occasion relapse, reduce adherence to treatment, and reduce quality of life. This pilot study evaluated whether a novel martial arts-based intervention can lower self-reported and physiological markers of pain, anxiety, stress and opioid craving in individuals with OUD undergoing methadone maintenance treatment (MMT). Methods: 15 MMT patients (11 females) completed a 12-week ‘Heroes Circle’ intervention that involved twice-weekly 30-min sessions centering around martial arts-based breathing and meditative techniques using therapist-assisted virtual reality (VR). Patients self-reported on five measures (pain, drug craving, anxiety, depression, anger) using a 0-10 scale before (pre) and after (post) each session. Salivary markers of inflammation (C-reactive protein [CRP]) and stress (cortisol) were collected before and after several sessions (baseline, weeks 4, 8, and 12). Results: There were significant pre-post session reductions in rated pain, drug craving, anxiety and depression, and saliva cortisol (ps\u3c0.05). For opioid craving, there was also an effect of week such that craving decreased from weeks 1-6, increased from 7-9, and decreased again from 10-12 (ps\u3c0.05); there was also a session x week interaction such that the pre-post reduction in craving reached significance in weeks 1-3 only. There were no significant main effects or interactions for anger or CRP (ps\u3e0.05). Conclusions: These preliminary results suggest VR-based, martial-arts meditative intervention is a promising approach for reducing pain, anxiety, stress and craving levels among individuals with OUD. Further controlled studies are warranted

A novel martial arts-based virtuality reality intervention modulates pain and the pain neuromatrix in patients with opioid use disorder

Background: Standard-of-care for opioid use disorder (OUD) includes medication and counseling. However, there is an unmet need for complementary approaches to treat OUD patients coping with pain; furthermore, few studies have probed neurobiological features of pain or its management during OUD treatment. This preliminary study examines neurobiological and behavioral effects of a martial arts-based intervention in patients undergoing methadone maintenance treatment (MMT). Methods: Fifteen (11 female) MMT patients completed a virtual reality, therapist-guided martial arts intervention that included breathing and relaxation exercises; sessions were scheduled twice weekly. Assessments included functional magnetic resonance imaging (fMRI) of pain neuromatrix activation and connectivity (pre- and post-intervention), saliva cortisol and C-reactive protein (CRP) at baseline and weeks 4, 8 and 12; and self-reported pain and affective symptoms before and after each intervention session. Results: After each intervention session (relative to pre-session), ratings of pain, opioid craving, anxiety and depression (but not anger) decreased. Saliva cortisol (but not CRP) levels decreased from pre- to post-session. From pre- to post-intervention fMRI assessments, pain task-related left postcentral gyrus (PCG) activation decreased. Higher baseline cortisol levels were associated with greater post-intervention pain task-related insular activation. At baseline, PCG showed positive connectivity with other regions of the pain neuromatrix, but this pattern changed post-intervention. Conclusions: These preliminary findings demonstrate feasibility, therapeutic promise, and brain basis of a martial arts-based intervention for OUD patients undergoing MMT

Sensitization in Transplantation: Assessment of Risk (STAR) 2017 Working Group Meeting Report

Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/144684/1/ajt14752_am.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/144684/2/ajt14752.pd

Regulation of human endometrial function: mechanisms relevant to uterine bleeding

This review focuses on the complex events that occur in the endometrium after progesterone is withdrawn (or blocked) and menstrual bleeding ensues. A detailed understanding of these local mechanisms will enhance our knowledge of disturbed endometrial/uterine function – including problems with excessively heavy menstrual bleeding, endometriosis and breakthrough bleeding with progestin only contraception. The development of novel strategies to manage these clinically significant problems depends on such new understanding as does the development of new contraceptives which avoid the endometrial side effect of breakthrough bleeding

Shared heritability and functional enrichment across six solid cancers

Correction: Nature Communications 10 (2019): art. 4386 DOI: 10.1038/s41467-019-12095-8Quantifying the genetic correlation between cancers can provide important insights into the mechanisms driving cancer etiology. Using genome-wide association study summary statistics across six cancer types based on a total of 296,215 cases and 301,319 controls of European ancestry, here we estimate the pair-wise genetic correlations between breast, colorectal, head/neck, lung, ovary and prostate cancer, and between cancers and 38 other diseases. We observed statistically significant genetic correlations between lung and head/neck cancer (r(g) = 0.57, p = 4.6 x 10(-8)), breast and ovarian cancer (r(g) = 0.24, p = 7 x 10(-5)), breast and lung cancer (r(g) = 0.18, p = 1.5 x 10(-6)) and breast and colorectal cancer (r(g) = 0.15, p = 1.1 x 10(-4)). We also found that multiple cancers are genetically correlated with non-cancer traits including smoking, psychiatric diseases and metabolic characteristics. Functional enrichment analysis revealed a significant excess contribution of conserved and regulatory regions to cancer heritability. Our comprehensive analysis of cross-cancer heritability suggests that solid tumors arising across tissues share in part a common germline genetic basis.Peer reviewe

Shared heritability and functional enrichment across six solid cancers

Quantifying the genetic correlation between cancers can provide important insights into the mechanisms driving cancer etiology. Using genome-wide association study summary statistics across six cancer types based on a total of 296,215 cases and 301,319 controls of European ancestry, here we estimate the pair-wise genetic correlations between breast, colorectal, head/neck, lung, ovary and prostate cancer, and between cancers and 38 other diseases. We observed statistically significant genetic correlations between lung and head/neck cancer (r(g) = 0.57, p = 4.6 x 10(-8)), breast and ovarian cancer (r(g) = 0.24, p = 7 x 10(-5)), breast and lung cancer (r(g) = 0.18, p = 1.5 x 10(-6)) and breast and colorectal cancer (r(g) = 0.15, p = 1.1 x 10(-4)). We also found that multiple cancers are genetically correlated with non-cancer traits including smoking, psychiatric diseases and metabolic characteristics. Functional enrichment analysis revealed a significant excess contribution of conserved and regulatory regions to cancer heritability. Our comprehensive analysis of cross-cancer heritability suggests that solid tumors arising across tissues share in part a common germline genetic basis