ERISA: A Co-Fiduciary Has No Right to Contribution and Indemnity

Because retirement plans involve large amounts of money, large numbers of people, and fiduciaries with conflicts of interests, Congress designed ERISA to differ from traditional trust law to meet these specific needs and important policy concerns. Before ERISA, fiduciaries and employers often manipulated lack of oversight and conflict of interests to the detriment of the beneficiaries. ERISA raised the standards owed by fiduciaries and established a policing system that required professional fiduciaries to monitor non-professional fiduciaries, thereby forcing non-professional fiduciaries to leave the field or seek expert advice. These provisions created co-fiduciary liability by imputing the liability of the co-fiduciary to an innocent fiduciary and in general creating an atmosphere of transparency and security. Congress considered the possibility of contribution and indemnity in two limited applications. First, exculpation provisions under ERISA generally banned indemnity except in limited circumstances. Second, insurance provisions allowed a type of contribution, if the plan paid the premiums. The Supreme Court has remained true to the Congressional scheme and denied court implied contribution and indemnity. Parties to private pension plans have the power to specify the plan terms as set forth in ERISA and may allocate liabilities amongst themselves. If they choose not to change the terms, then the intent and purpose of ERISA should control the interpretation of the plan and the fiduciaries responsibilities of the plan

A Geologic Study to Determine the Potential to Create an Appalachian Storage Hub for Natural Gas Liquids

The Marcellus and Utica shale plays continue to lead the way in an ever-expanding shale revolution with average daily production, growing from about 3 billion cubic feet (BCF) in 2010 to more than 24 BCF today. Forecasts suggest that this could grow to as much as 40 BCF in the next 5 years. Fortunately, sweet spots in the Utica in eastern Ohio and in the Marcellus in northern West Virginia and southwestern Pennsylvania are areas of wet gas production, downdip from oil production and updip from dry gas. Production in these regions represents about 40 percent of the total from the Marcellus and Utica shales and is expected to represent a disproportionate share of future production growth. Because of the amount of natural gas liquids (NGLs) contained in this production, development of these shale plays has the potential to have a large impact on the petrochemical industry

Symmetric Sensorimotor Somatotopy

BACKGROUND: Functional imaging has recently been used to investigate detailed somatosensory organization in human cortex. Such studies frequently assume that human cortical areas are only identifiable insofar as they resemble those measured invasively in monkeys. This is true despite the electrophysiological basis of the latter recordings, which are typically extracellular recordings of action potentials from a restricted sample of cells. METHODOLOGY/PRINCIPAL FINDINGS: Using high-resolution functional magnetic resonance imaging in human subjects, we found a widely distributed cortical response in both primary somatosensory and motor cortex upon pneumatic stimulation of the hairless surface of the thumb, index and ring fingers. Though not organized in a discrete somatotopic fashion, the population activity in response to thumb and index finger stimulation indicated a disproportionate response to fingertip stimulation, and one that was modulated by stimulation direction. Furthermore, the activation was structured with a line of symmetry through the central sulcus reflecting inputs both to primary somatosensory cortex and, precentrally, to primary motor cortex. CONCLUSIONS/SIGNIFICANCE: In considering functional activation that is not somatotopically or anatomically restricted as in monkey electrophysiology studies, our methodology reveals finger-related activation that is not organized in a simple somatotopic manner but is nevertheless as structured as it is widespread. Our findings suggest a striking functional mirroring in cortical areas conventionally ascribed either an input or an output somatotopic function

1963

Trees for a Beautiful Golf Course by Philip Scott (page 1) The Golf Course\u27s Worst Enemy by Charles Amorim and Hal Haskell (2) Message from the President by James f. Gilligan (2) Turf Management Club News (3) Quotes from 1962 Freshman (4) When I consider How my Night is Spent Leonard Mailloux(5) Protection of a Golf Course by Pay Lucas Jr. (6) Safety - The Superintendents\u27 Responsibility by Gerald Peters (7) Picture - Senior Stockbridge Turf Majors (8) Picture - Freshmen Stockbridge Turf Majors (9) Kansas - In the Transition Zone by Carl Beer (10 Seeds by Don Daigle (11) Picture - Dean F. P. Jeffrey, Dr. W.G. Colby and Director J. R. Beattie (12) Picture - Graduates of Winter School for Turf Managers - 1963 (13) The Effect of Last Year\u27s Weather Upon This Year\u27s Incidence of Turf Insects by John C. Schread (A-1) Labor-Management Relations by Mortimer H. Gavin S.J. (A-4) Massachusetts Labor Laws by Andrew C. SInclair (A-7) Golf Course Budget by John Espey (A-10) Golf Course Budgets by Robert St. Thomas (A-12) Purpose & Method of Budgeting by Leon St. Pierre (A-13) The Committee Chairman, His Duties by Charles Connelly (A-16) Long-range vs. Short-range Planning by George Farber (A-18) The Golf Course Superintendent, His Duties by Sherwood Moore (A-20) The Budget by Leo Kowalski (A-25) Public Relations by Leon St. Pierre (A-26) A Study of WIlt by Harry Meusal (A-28) Specifications for a Method of Putting Green Construction by Alexander Radko (A-33) Management of Kentucky Bluegrass & Grass Mixtures for Turf by F.V. Juska (A-38) What\u27s New in Fertilizers by Geoffrey S. Cornish (A-40) Methylene Ureas by Harvey Stangel (A-42) Plastic Coated Fertilizers by Louis I. Hansen (A-44) The Role of Sewage Sludge by James Latham Jr. (A-49) The Role of Ureaforms in the Turf Fertilizer Industry by Robert T. Miller (A-51) Why Low Phosphorus & Higher Potassium by L. J. Sullivan (A-55) Uptake of Potassium by Evangel Bredakis (A-59) Responsibility of Industry & Community in Land Usage & Plantings by Joseph L. Beasley (A-61) Turf & Other Planting Problems by H. Thurston Handley Jr. (A-65) Weeds & Diseases by Dominic Marini (A-67) General Maintenacne & Equipment by Lewis Hodgkinson (A-68) Fertilizer Problems by William J. Bennett (A-70) Lawn Construction & Insect Problems by herbert C. Fordham (A-71

Development of a core set of outcome measures for OAB treatment

© 2017, The Author(s). Introduction and hypothesis: Standardized measures enable the comparison of outcomes across providers and treatments giving valuable information for improving care quality and efficacy. The aim of this project was to define a minimum standard set of outcome measures and case-mix factors for evaluating the care of patients with overactive bladder (OAB). Methods: The International Consortium for Health Outcomes Measurement (ICHOM) convened an international working group (WG) of leading clinicians and patients to engage in a structured method for developing a core outcome set. Consensus was determined by a modified Delphi process, and discussions were supported by both literature review and patient input. Results: The standard set measures outcomes of care for adults seeking treatment for OAB, excluding residents of long-term care facilities. The WG focused on treatment outcomes identified as most important key outcome domains to patients: symptom burden and bother, physical functioning, emotional health, impact of symptoms and treatment on quality of life, and success of treatment. Demographic information and case-mix factors that may affect these outcomes were also included. Conclusions: The standardized outcome set for evaluating clinical care is appropriate for use by all health providers caring for patients with OAB, regardless of specialty or geographic location, and provides key data for quality improvement activities and research

A turbulent decade for NSAIDs: update on current concepts of classification, epidemiology, comparative efficacy, and toxicity

Non-steroidal anti-inflammatory drugs (NSAIDs) represent a diverse class of drugs and are among the most commonly used analgesics for arthritic pain worldwide, though long-term use is associated with a spectrum of adverse effects. The introduction of cyclooxygenase-2-selective NSAIDs early in the last decade offered an alternative to traditional NSAIDs with similar efficacy and improved gastrointestinal tolerability; however, emerging concerns about cardiovascular safety resulted in the withdrawal of two agents (rofecoxib and valdecoxib) in the mid-2000s and, subsequently, in an overall reduction in NSAID use. It is now understood that all NSAIDs are associated with some varying degree of gastrointestinal and cardiovascular risk. Guidelines still recommend their use, but little is known of how patients use these agents. While strategies and guidelines aimed at reducing NSAID-associated complications exist, there is a need for evidence-based algorithms combining cardiovascular and gastrointestinal factors that can be used to aid treatment decisions at an individual patient level

Genome-Wide Identification of Transcriptional Start Sites in the Plant Pathogen Pseudomonas syringae pv. tomato str. DC3000

RNA-Seq has provided valuable insights into global gene expression in a wide variety of organisms. Using a modified RNA-Seq approach and Illumina's high-throughput sequencing technology, we globally identified 5′-ends of transcripts for the plant pathogen Pseudomonas syringae pv. tomato str. DC3000. A substantial fraction of 5′-ends obtained by this method were consistent with results obtained using global RNA-Seq and 5′RACE. As expected, many 5′-ends were positioned a short distance upstream of annotated genes. We also captured 5′-ends within intergenic regions, providing evidence for the expression of un-annotated genes and non-coding RNAs, and detected numerous examples of antisense transcription, suggesting additional levels of complexity in gene regulation in DC3000. Importantly, targeted searches for sequence patterns in the vicinity of 5′-ends revealed over 1200 putative promoters and other regulatory motifs, establishing a broad foundation for future investigations of regulation at the genomic and single gene levels