Paterno v. Laser Spine Institute: Did the New York Court of Appeals\u27 Misapplication of Unjustified Policy Fears Lead to A Miscarriage of Justice and the Creation of Inadequate Precedent for the Proper Use of the Empire State’s Long-Arm Statute?

This article discusses CPLR section 302(a)(1) as applied by the New York State Court of Appeals in Paterno v. Laser Spine Institute. The Paterno Court failed to properly apply a statutory jurisdictional analysis by conflating it with a due process inquiry. Also, the Court unnecessarily balanced the interests of the Empire State\u27s citizens in having a forum for access to justice with unjustified policy fears of potential costs to the state from assertions of in personam jurisdiction. Furthermore, the Court\u27s policy focus4 on the protection of medical doctors from lawsuits and the prevention of “floodgate” litigation which would adversely affect the medical profession was not justified by the record and created poor precedent for subsequent judicial application of the state\u27s long-arm statute. This article will examine CPLR section 302(a)(1), under Paterno v. Laser Spine Institute and some of its predecessors, to demonstrate that sometimes overarching policy concerns get in the way of a strict statutory analysis under CPLR section 302(a)(1). We analyze how the Court of Appeals in Paterno conflated the jurisdictional basis and due process analyses and determine that the Court, based on a faulty statutory analysis, erroneously decided that there was no statutory jurisdiction. Our article is divided into six parts. Part II briefly discusses the history of the CPLR and the manner of obtaining jurisdiction through Sections 301 and 302, focusing mainly on long-arm jurisdiction. Part III discusses and analyzes leading cases, which involve the application of CPLR 302 in obtaining personal jurisdiction. Part IV discusses a recent case, Paterno v. Laser Spine Institute, in great detail, and Part V engages in a critical analysis of Paterno with reference to a similar case, Grimaldi v. Guinn. Part VI addresses policy considerations and Part VII concludes with a discussion of how the Paterno Court entangled its jurisdictional analysis and where the Court may be headed with its future application of CPLR section 302(a)(1)

Development of a new grading scale for tear ferning

The final publication is available at Elsevier via https://dx.doi.org/10.1016/j.clae.2013.09.011" © 2014. This manuscript version is made available under the CC-BY-NC-ND 4.0 license http://creativecommons.org/licenses/by-nc-nd/4.0/Purpose: This paper reports on the development of a new tear ferning (TF) subjective grading scale, and compares it with the Rolando scale. Method: TF patterns obtained from tear film samples collected from normal and dry eye subjects in previous studies were collated into a large image library. From this library, 60 images were selected to represent the full range of possible TF patterns, and a further sub-set of 15 images was chosen for analysis. Twenty-five optometrists were asked to rank the images in increasing order between extreme anchors on a scale of TF patterns. Interim statistical analysis of this ranking found 7 homogeneous sub-sets, where the image rankings overlapped for a group of images. A representative image (typically the mean) from each group was then adopted as the grade standard. Using this new 7-point grading scale, 25 optometrists were asked to grade the entire 60 image library at two sessions: once using the 4-point Rolando scale and once using the new 7-point scale, applying 0.25 grade unit interpolation. Results: Statistical analysis found that for the larger image set, the Rolando scale produced 3 homogeneous sub-sets, and the 7-point scale produced 5 homogeneous sub-sets. With this refinement, a new 5-point TF scale (Grades 0–4) was obtained. Conclusions: The Rolando grading scale lacks discrimination between its Type I and II grades, reducing its reliability. The new 5-point grading scale is able to differentiate between TF patterns, and may provide additional support for the use of TF for both researcher and clinician

The tear ferning test: a simple clinical technique to evaluate the ocular tear film

This is the peer reviewed version of the following article: Masmali, A. M., Purslow, C., & Murphy, P. J. (2014). The tear ferning test: a simple clinical technique to evaluate the ocular tear film: The tear ferning test. Clinical and Experimental Optometry, 97(5), 399–406., which has been published in final form at https://doi.org/10.1111/cxo.12160. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.A healthy tear film is very important for many major functions of the ocular surface. Dry eye disease is a significant clinical problem that needs to be solved but the poor correlation between clinical signs and reported symptoms makes it difficult for the clinician to apply a scientific basis to his clinical management. The problem is compounded by the difficulties of evaluating the tear film due to its transparency, small volume and complex composition. Practical insight into tear film composition would be very useful to the clinician for patient diagnosis and treatment but detailed analysis is restricted to expensive, laboratory-based systems. There is a pressing need for a simple test. The tear ferning test is a laboratory test but it has the potential to be applied in the clinic setting to investigate the tear film in a simple way. Drying a small sample of tear fluid onto a clean, glass microscope slide produces a characteristic crystallisation pattern, described as a ‘tear fern’. This test is currently not widely used because of some limitations that need to be overcome but several studies have demonstrated its potential. Such limitations need to be resolved so that tear ferning could be used in the clinic setting to assess the tear film

Synergistic antibacterial effects of theaflavin in combination with ampicillin against hospital isolates of Stenotrophomonas Maltophilia

Stenotrophomonas maltophilia is an important opportunistic nosocomial pathogen that shows intrinsic resistance to many antibiotics. This often limits treatment options and can cause lengthy hospital stays. Combination treatments are often used to combat resistance and using natural compounds such as polyphenols could give increased treatment options and even the reuse of antibiotics to which high levels of resistance have been observed. A checkerboard assay was used to determine if any synergy exists between ampicillin and the polyphenol theaflavin against 9 clinical isolates and one control isolate (NCTC 13014) of S. maltophilia. It was discovered that significant synergy (P 0.05) does exist between theaflavin and ampicillin, reducing the mean MIC of ampicillin from 12.5-22.9 µg/mL, in liquid culture, to 3.125-6.25 µg/mL. The FIC index was calculated to be 0.22-0.35 confirming synergy. From these results, significant potential for medical applications can be seen and further investigation is recommended

Hybrid Wing Body Model Identification Using Forced-Oscillation Water Tunnel Data

Static and dynamic testing of the NASA 0.7 percent scale Hybrid Wing Body (HWB) configuration was conducted in the Rolling Hills Research Corporation water tunnel to investigate aerodynamic behavior over a large range of angle-of-attack and to develop models that can predict aircraft response in nonlinear unsteady flight regimes. This paper reports primarily on the longitudinal axis results. Flow visualization tests were also performed. These tests provide additional static data and new dynamic data that complement tests conducted at NASA Langley 14- by 22-Foot Subsonic Tunnel. HWB was developed to support the NASA Environmentally Responsible Aviation Project goals of lower noise, emissions, and fuel burn. This study also supports the NASA Aviation Safety Program efforts to model and control advanced transport configurations in loss-of-control conditions

Relationship Talk With Partners and Friends During Emerging Adulthood: The Role of Relationship Satisfaction

Research indicates that discussing one’s romantic relationship with one’s partner benefits individual well-being and reduces uncertainty about the future of the relationship. Implications of relationship talk with friends remain less clear, though talking with friends may actually increase uncertainty about the relationship (e.g., by making one’s partner jealous of these friends), particularly for emerging adults. Relationship talk with friends may be especially likely to promote relational uncertainty for couples who are already unsatisfied in their relationships. In this study, we explored whether relationship talk with one’s partner and one’s friends would each be uniquely associated with depressive symptoms and uncertainty about the relationship, specifically in the form of perceived partner jealousy of one’s friends and whether these associations would be moderated by relationship satisfaction. Results from a series of path models using data from 202 romantically involved emerging adults in the United States revealed that associations between relationship talk and outcomes were indeed moderated by relationship satisfaction. For example, only in unsatisfied relationships was relationship talk with friends positively associated with a partner\u27s jealousy and negatively associated with depressive symptoms. This research expands our understanding of relationship talk by differentiating between talk with partners versus friends, while considering the contextual role of relationship satisfaction

A Natural Plasmid Uniquely Encodes Two Biosynthetic Pathways Creating a Potent Anti-MRSA Antibiotic

Background Understanding how complex antibiotics are synthesised by their producer bacteria is essential for creation of new families of bioactive compounds. Thiomarinols, produced by marine bacteria belonging to the genus Pseudoalteromonas, are hybrids of two independently active species: the pseudomonic acid mixture, mupirocin, which is used clinically against MRSA, and the pyrrothine core of holomycin. Methodology/Principal Findings High throughput DNA sequencing of the complete genome of the producer bacterium revealed a novel 97 kb plasmid, pTML1, consisting almost entirely of two distinct gene clusters. Targeted gene knockouts confirmed the role of these clusters in biosynthesis of the two separate components, pseudomonic acid and the pyrrothine, and identified a putative amide synthetase that joins them together. Feeding mupirocin to a mutant unable to make the endogenous pseudomonic acid created a novel hybrid with the pyrrothine via “mutasynthesis” that allows inhibition of mupirocin-resistant isoleucyl-tRNA synthetase, the mupirocin target. A mutant defective in pyrrothine biosynthesis was also able to incorporate alternative amine substrates. Conclusions/Significance Plasmid pTML1 provides a paradigm for combining independent antibiotic biosynthetic pathways or using mutasynthesis to develop a new family of hybrid derivatives that may extend the effective use of mupirocin against MRSA

A Mouse with a Loss-of-function Mutation in the c-Cbl TKB Domain Shows Perturbed Thymocyte Signaling without Enhancing the Activity of the ZAP-70 Tyrosine Kinase

The unique tyrosine kinase binding (TKB) domain of Cbl targets phosphorylated tyrosines on activated protein tyrosine kinases (PTKs); this targeting is considered essential for Cbl proteins to negatively regulate PTKs. Here, a loss-of-function mutation (G304E) in the c-Cbl TKB domain, first identified in Caenorhabditis elegans, was introduced into a mouse and its effects in thymocytes and T cells were studied. In marked contrast to the c-Cbl knockout mouse, we found no evidence of enhanced activity of the ZAP-70 PTK in thymocytes from the TKB domain mutant mouse. This finding contradicts the accepted mechanism of c-Cbl–mediated negative regulation, which requires TKB domain targeting of phosphotyrosine 292 in ZAP-70. However, the TKB domain mutant mouse does show aspects of enhanced signaling that parallel those of the c-Cbl knockout mouse, but these involve the constitutive activation of Rac and not enhanced PTK activity. Furthermore, the enhanced signaling in CD4+CD8+ double positive thymocytes appears to be compensated by the selective down-regulation of CD3 on mature thymocytes and peripheral T cells from both strains of mutant c-Cbl mice