Attorney Malpractice Liability to Non-Clients in Washington: Is the New Modified Multi-Factor Balancing Test an Improvement?

Most jurisdictions recognize a cause of action for legal malpractice against a non-client only where the attorney-client relationship is formed to benefit a third-party nonclient. This rule generally operates to preclude an attorney\u27s potential liability to a client\u27s adversary. Washington departed from the majority in 1992 in Bohn v. Cody, where the Washington Supreme Court found that an attorney did owe a duty to his client\u27s adversary. Two years later, in Trask v. Butler, the supreme court modified Bohn\u27s test for determining attorney malpractice liability to third parties to conform Washington\u27s law with the majority of jurisdictions. This Comment suggests that the modified test improves the standard for attorney liability by restricting the cause of action to exclude non-clients in an adversarial position to the attorney\u27s client. However, it criticizes the application of the test for its overinclusive, arbitrary, and impractical approach to the issue. The Comment argues that the test should analyze the intent of the attorney-client relationship factually, rather than as a matter of law, and should limit its threshold inquiry to whether there was an intent to benefit the nonclient

Thromboelastography in mild, chronic liver disease: challenging conventional coagulation tests preceding liver biopsy

Patients presenting for liver biopsy may have a deficiency of the synthetic function of the liver. They commonly undergo testing of their INR, which is used to decide if there may be a bleeding risk and if that needs to be mitigated by the administration of clotting factors. This study aimed to observe the coagulation profile of these patients via a thromboelastogram (TEG), and to search for a relationship between the traditionally used INR and the R-time of the TEG.A prospective observational pilot study was conducted over a seven-month period. An FBC, INR and kaolin activated thromboelastogram were performed on each patient. Spearman’s correlation coefficient was used to determine the relationship between the INR and the R-time of the TEG.The TEG was performed on 28 participants. Two were excluded from analysis as they had received Vitamin K. Twenty-three patients (88%) had abnormal liver function tests. Drug or toxins were responsible for liver injury in 15 (58%) participants. Twenty-two (85%) had normal platelet counts. Three (12%) were found to be hypocoagulable, four (15%) were hypercoagulable, and the remaining 19 (73%) had normal thromboelastography. The three (12%) participants who were hypocoagulable had a normal platelet count. No association was found between INR and the R-time of TEG (Spearman’s rho −0.20, p = 0.34). In the two participants (8%) with a raised INR (1.26 and 1.7 respectively), the TEG suggested a normal or hypercoagulable status.This study revealed that most patients with mild, chronic liver disease presenting for liver biopsy have a normal TEG. There was no association between INR and the R-time of the TEG. This suggests that INR may not be a reliable test of coagulation status in these patients with mild chronic liver disease, which is contrary to the traditional practice of using INR to infer coagulation status. Further larger studies looking specifically at patients with drug and toxin induced liver injury are warranted.Keywords: international normalised ratio, liver biopsy, liver disease, thromboelastography, viscoelastic coagulation testin

A three-year economic evaluation of a commercial heifer development program

In 1994, 1995, and 1996, a commercial heifer development operation purchased a total of 1542 potential replacement heifers. Heifers were purchased in the fall proceeding the spring breeding season and fed a silage-based diet during the developmental period. Before the breeding season began, heifers that failed to meet minimum requirements for pelvic area, average daily gain, body weight, disposition, or structural soundness were culled. During the first year, 42% of 483 heifers were culled, 17% of 468 heifers were culled in the second year, and 14% of 591 heifers in the third year. Estrus was synchronized and heifers were inseminated artificially (AI) for 30 days followed by 30 days of natural mating by cleanup bulls. First-service AI conception rates averaged 68% and overall pregnancy rates (AI + natural mating) averaged 95.1% over the 3-year period. Heifers culled prior to the breeding season realized a net profit of $9 per head, whereas heifers diagnosed nonpregnant after the breeding season lost$86, and heifers that aborted lost $133. Profits for pregnant heifers sold were$163 for first-service AI, $138 for second-service AI, and$83 for bull bred

Myeloid-Derived Suppressor Cells and Pancreatic Cancer: Implications in Novel Therapeutic Approaches

Pancreatic ductal adenocarcinoma (PDAC) remains a devastating human malignancy with poor prognosis and low survival rates. Several cellular mechanisms have been linked with pancreatic carcinogenesis and also implicated in inducing tumor resistance to known therapeutic regimens. Of various factors, immune evasion mechanisms play critical roles in tumor progression and impeding the efficacy of cancer therapies including PDAC. Among immunosuppressive cell types, myeloid-derived suppressor cells (MDSCs) have been extensively studied and demonstrated to not only support PDAC development but also hamper the anti-tumor immune responses elicited by therapeutic agents. Notably, recent efforts have been directed in devising novel approaches to target MDSCs to limit their effects. Multiple strategies including immune-based approaches have been explored either alone or in combination with therapeutic agents to target MDSCs in preclinical and clinical settings of PDAC. The current review highlights the roles and mechanisms of MDSCs as well as the implications of this immunomodulatory cell type as a potential target to improve the efficacy of therapeutic regimens for PDAC

The holy blood and the holy grail: Myths of scientific racism and the pursuit of excellence in sport

Despite the continuing publication of research that suggests there is no scientific basis to 'race' as a biological category, theories of racial difference continue to be invoked within sport to explain the perceived dominance of black athletes. In the case of John Entine's controversial 'Taboo: why black athletes dominate sports and why we are afraid to talk about it' or undergraduate textbooks that suggest 'racial differences' in physique may significantly affect athletic performance, scientific racism is normalised in sport. In this article, the relationship between scientific racism and sport will be examined. Qualitative research with current sport scientists is used to investigate the socio-ethical tensions within the subject field of sport science between professionalism, scientism and the demand from external interests to produce results that help people in sport win medals. It will be shown that these tensions, combined with the history of race as a category in sport science, combine to create the discourse of scientific knowledge that reflects, rather than challenges, folk genetics of black athletic physicality

EFFECT OF NEUROMUSCULAR RESISTANCE TRAINING ON THE PERFORMANCE OF 5-KM RUNNERS

The study aimed to identify the effect of a neuromuscular resistance training protocol (NRTP) on the performance of 5-km distance runners. This study included 18 male runners (age=29.3±3.2 years, fat percentage=11.3±2.6%, body height=1.77±.04 m, body mass=73.4±4.4 kg, time in 5 km=20.6±2.4 min, training years=4.3±0.7 years). First, volunteers were anthropometrically evaluated, and they performed one-repetition maximum (1RM) 45o leg press (LP) strength test. Second, they performed an incremental protocol in the 45o LP to acquire the electromyographic threshold. Third, they completed a 5-km time trial run (5 km basal). In the fourth session, they performed NRTP in LP. And fifth, the 5-km time trial run was performed at 30 min, 48 h, 96 h, and 144 h post the NRTP intervention. A significant decrease (p≤.05) was observed when baseline values were compared with post 30 min and post 48 h (p=.02 and p=.04, respectively). However, there were significant positive differences in performance (p=.04 for time) when baseline values and post 144 h were analyzed. Therefore, it is concluded that the NRTP can be used by 5-km distance runners to improve their performance with a break of one week between the intervention and test

Confound modelling in UK Biobank brain imaging

© 2020 Dealing with confounds is an essential step in large cohort studies to address problems such as unexplained variance and spurious correlations. UK Biobank is a powerful resource for studying associations between imaging and non-imaging measures such as lifestyle factors and health outcomes, in part because of the large subject numbers. However, the resulting high statistical power also raises the sensitivity to confound effects, which therefore have to be carefully considered. In this work we describe a set of possible confounds (including non-linear effects and interactions that researchers may wish to consider for their studies using such data). We include descriptions of how we can estimate the confounds, and study the extent to which each of these confounds affects the data, and the spurious correlations that may arise if they are not controlled. Finally, we discuss several issues that future studies should consider when dealing with confounds

Weak Localization Effect in Superconductors by Radiation Damage

Large reductions of the superconducting transition temperature $T_{c}$ and the accompanying loss of the thermal electrical resistivity (electron-phonon interaction) due to radiation damage have been observed for several A15 compounds, Chevrel phase and Ternary superconductors, and $\rm{NbSe_{2}}$ in the high fluence regime. We examine these behaviors based on the recent theory of weak localization effect in superconductors. We find a good fitting to the experimental data. In particular, weak localization correction to the phonon-mediated interaction is derived from the density correlation function. It is shown that weak localization has a strong influence on both the phonon-mediated interaction and the electron-phonon interaction, which leads to the universal correlation of $T_{c}$ and resistance ratio.Comment: 16 pages plus 3 figures, revtex, 76 references, For more information, Plesse see http://www.fen.bilkent.edu.tr/~yjki