Multi-Party Litigation—Venue Statutes and Their Application

An injured seaman sued his employer in the United States District Court for the Southern District of New York to recover damages for injuries suffered on board his employer’s vessel. The court granted the employer’s motion to implead the United States as a third party defendant. The employer claimed indemnity for any damages the seaman recovered for injuries aggravated by treatment in a United States hospital. The seaman then moved to amend his complaint to allege an action directly against the United States under the Federal Tort Claims Act. The United States objected that venue in the Southern District was improper under the act which provided that “Any civil action on a tort claim against the United States . . . may be prosecuted only in the judicial district where the plaintiff resides or wherein the act or omission complained of occurred.” The seaman resided in New Jersey, and the alleged aggravation occurred in a hospital in the Eastern District of New York. Held: Motion to amend granted. The proposed amendment was not a “civil action” within the meaning of the language quoted above. It is true that if the plaintiff need not show proper venue for his suit against the third party defendant, the plaintiff is permitted to sue a person in a district which would have been improper venue for a lawsuit against that person without the impleader. If there is evidence to show that the plaintiff and the original defendant have colluded and used the impleader action to make possible the plaintiff\u27s suit against the third party defendant which but for the impleader would have been dismissed for improper venue, then this should be grounds for requiring the plaintiff to meet venue requirements. In the absence of evidence of collusion between the plaintiff and the third party plaintiff, the result of the instant case seems justified

Multi-Party Litigation—Venue Statutes and Their Application

An injured seaman sued his employer in the United States District Court for the Southern District of New York to recover damages for injuries suffered on board his employer’s vessel. The court granted the employer’s motion to implead the United States as a third party defendant. The employer claimed indemnity for any damages the seaman recovered for injuries aggravated by treatment in a United States hospital. The seaman then moved to amend his complaint to allege an action directly against the United States under the Federal Tort Claims Act. The United States objected that venue in the Southern District was improper under the act which provided that “Any civil action on a tort claim against the United States . . . may be prosecuted only in the judicial district where the plaintiff resides or wherein the act or omission complained of occurred.” The seaman resided in New Jersey, and the alleged aggravation occurred in a hospital in the Eastern District of New York. Held: Motion to amend granted. The proposed amendment was not a “civil action” within the meaning of the language quoted above. It is true that if the plaintiff need not show proper venue for his suit against the third party defendant, the plaintiff is permitted to sue a person in a district which would have been improper venue for a lawsuit against that person without the impleader. If there is evidence to show that the plaintiff and the original defendant have colluded and used the impleader action to make possible the plaintiff\u27s suit against the third party defendant which but for the impleader would have been dismissed for improper venue, then this should be grounds for requiring the plaintiff to meet venue requirements. In the absence of evidence of collusion between the plaintiff and the third party plaintiff, the result of the instant case seems justified

Genealogy of the Wells family, of Wells, Maine

Introduction: The Wells, or Welles, family, in England is of very ancient origin, clearly traceable back, it is claimed, to the time of the Norman conquest. About 1635 several families of that name (which was then sometimes spelt Wells, but oftener Welles) emigrated from England to Massachusetts. Some of these families remained in the eastern part of that State, others went to Rhode Island, others to Hartford and other towns in Connecticut, and still others to Hatfield and Hadley, in the western part of Massachusetts. So that we find at a very early day -- before 1660 -- persons bearing that name in many towns of New England. It is probable that (1) Thomas Wells of Ipswich was the earliest emigrant of that name who settled in this country. He came as early as 1635, and perhaps a year earlier. Savage, in his Genealogical Dictionary of New England, states that he came in 1635, on the Susan and Ellen, from London, with young Richard Saltonstall, when thirty years of age. Mr. D. W. Hoyt, of Providence, R. I., has published the genealogy of his third son, Thomas (N. E. Gen. Register, vol. 12, page 157), and I have endeavored in these pages to trace as well as I could, especially through the earlier generations, the descendants of his second son, John; and I hope some other person will do the same in regard to the descendants of his eldest son, Nathaniel.https://digicom.bpl.lib.me.us/books_pubs/1064/thumbnail.jp

A survey of the relative merits of the single and double session plans of elementary school organization

Thesis (Ed.M.)--Boston Universit

Sensitivity of active-layer freezing process to snow cover in Arctic Alaska

The contribution of cold-season soil respiration to the Arctic–boreal carbon cycle and its potential feedback to the global climate remain poorly quantified, partly due to a poor understanding of changes in the soil thermal regime and liquid water content during the soil-freezing process. Here, we characterized the processes controlling active-layer freezing in Arctic Alaska using an integrated approach combining in situ soil measurements, local-scale (∼50 m) longwave radar retrievals from NASA airborne P-band polarimetric SAR (PolSAR) and a remote-sensing-driven permafrost model. To better capture landscape variability in snow cover and its influence on the soil thermal regime, we downscaled global coarse-resolution (∼0.5∘) MERRA-2 reanalysis snow depth data using finer-scale (500 m) MODIS snow cover extent (SCE) observations. The downscaled 1 km snow depth data were used as key inputs to the permafrost model, capturing finer-scale variability associated with local topography and with favorable accuracy relative to the SNOTEL site measurements in Arctic Alaska (mean RMSE=0.16 m, bias=-0.01 role= presentation \u3ebias=−0.01 m). In situ tundra soil dielectric constant (ε) profile measurements were used for model parameterization of the soil organic layer and unfrozen-water content curve. The resulting model-simulated mean zero-curtain period was generally consistent with in situ observations spanning a 2∘ latitudinal transect along the Alaska North Slope (R: 0.6±0.2; RMSE: 19±6 days), with an estimated mean zero-curtain period ranging from 61±11 to 73±15 days at 0.25 to 0.45 m depths. Along the same transect, both the observed and model-simulated zero-curtain periods were positively correlated (R\u3e0.55, p\u3c0.01) with a MODIS-derived snow cover fraction (SCF) from September to October. We also examined the airborne P-band radar-retrieved ε profile along this transect in 2014 and 2015, which is sensitive to near-surface soil liquid water content and freeze–thaw status. The ε difference in radar retrievals for the surface (∼\u3c0.1 role= presentation \u3e∼\u3c0.1 m) soil between late August and early October was negatively correlated with SCF in September (R=-0.77 role= presentation \u3eR=−0.77, p\u3c0.01); areas with lower SCF generally showed larger ε reductions, indicating earlier surface soil freezing. On regional scales, the simulated zero curtain in the upper (\u3c0.4 m) soils showed large variability and was closely associated with variations in early cold-season snow cover. Areas with earlier snow onset generally showed a longer zero-curtain period; however, the soil freeze onset and zero-curtain period in deeper (\u3e0.5 m) soils were more closely linked to maximum thaw depth. Our findings indicate that a deepening active layer associated with climate warming will lead to persistent unfrozen conditions in deeper soils, promoting greater cold-season soil carbon loss

Invitation to the Table Conversation: A Few Diverse Perspectives on Integration

This article represents an invitation to the integration table to several previously underrepresented perspectives within Christian psychology. The Judeo-Christian tradition and current views on scholarship and Christian faith compel us to extend hospitality to minority voices within integration, thereby enriching and challenging existing paradigms in the field. Contributors to this article, spanning areas of cultural, disciplinary, and theological diversity, provide suggestions for how their distinct voices can enhance future integrative efforts

Noninvasive vagus nerve stimulation alters neural response and physiological autonomic tone to noxious thermal challenge.

The mechanisms by which noninvasive vagal nerve stimulation (nVNS) affect central and peripheral neural circuits that subserve pain and autonomic physiology are not clear, and thus remain an area of intense investigation. Effects of nVNS vs sham stimulation on subject responses to five noxious thermal stimuli (applied to left lower extremity), were measured in 30 healthy subjects (n = 15 sham and n = 15 nVNS), with fMRI and physiological galvanic skin response (GSR). With repeated noxious thermal stimuli a group × time analysis showed a significantly (p < .001) decreased response with nVNS in bilateral primary and secondary somatosensory cortices (SI and SII), left dorsoposterior insular cortex, bilateral paracentral lobule, bilateral medial dorsal thalamus, right anterior cingulate cortex, and right orbitofrontal cortex. A group × time × GSR analysis showed a significantly decreased response in the nVNS group (p < .0005) bilaterally in SI, lower and mid medullary brainstem, and inferior occipital cortex. Finally, nVNS treatment showed decreased activity in pronociceptive brainstem nuclei (e.g. the reticular nucleus and rostral ventromedial medulla) and key autonomic integration nuclei (e.g. the rostroventrolateral medulla, nucleus ambiguous, and dorsal motor nucleus of the vagus nerve). In aggregate, noninvasive vagal nerve stimulation reduced the physiological response to noxious thermal stimuli and impacted neural circuits important for pain processing and autonomic output

Changing and unchanging values in the world of the future, November 8, 9, and 10, 2001

This repository item contains a single issue of the Pardee Conference Series, a publication series that began publishing in 2006 by the Boston University Frederick S. Pardee Center for the Study of the Longer-Range Future. This was the Center's Inaugural Conference that took place during November 8, 9, and 10, 2001. Organized by David Fromkin, Director Frederick S. Pardee Center for the Study of the Longer-Range Future. Co-Sponsored by Boston University and Carnegie Council on Ethics and International Affairs.This conference brought together a discussion of different perspectives on what future paradigm shifts will look like – in government, in foreign policy, in what constitutes “classics,” in economic and religious modes, and changes in the interaction between these values. The conference agreed that today’s Western society values democracy, constitutionalism, liberalism, rule of law, open society, and market economy. These are not contingent upon one another and may change. But the “needs and aspirations” of humanity will at their most essential core remain the same. The amount and type of power given to governments is not a fixed thing, and developments in the meaning of democracy and how it is achieved may illustrate this