FAA Pre-Emption: When Should Conflicting State Law Be Pre-Empted by the FAA - Weston Securities Corp. v. Aykanian

Since the creation of the F.A.A., courts, including the United States Supreme Court, have considered whether the F.A.A. pre-empts conflicting state law. Although courts generally find that the F.A.A. pre-empts state substantive and procedural law when it stands as an obstacle to Congress\u27 goal of enforcing arbitration,5 the Massachusetts Court of Appeals, in Weston Securities Corp. v. Aykanian, made its own determination on this issue, since it was a case of first impression for the court. The court faced the question of whether a Massachusetts procedural rule, which did not allow an immediate appeal from an order to arbitrate, was pre-empted by the F.A.A. The court\u27s holding expanded the federal policy favoring enforcement of arbitration agreements in Massachusetts by upholding a state procedural rule that promoted arbitration agreements by disallowing certain judicial appeals. The court, therefore, held that the rule was not pre-empted by the F.A.A., even though it contradicted the F.A.A.\u27s corresponding rule

Rhythms of locomotion and seasonal changes in activity expressed by horseshoe crabs in their natural habitat

The American horseshoe crab Limulus polyphemus expresses both tidal and daily rhythms of locomotion in the laboratory and the tidal rhythms can be entrained to artificial tides. The main purpose of this study was to determine the types of rhythms horseshoe crabs express when freely moving in their natural habitat where they are exposed to natural light:dark and tidal cycles. A secondary goal was to determine if their overall activity patterns and depth preferences changed during the year. In 2010 and 2011, 20 adult horseshoe crabs (11 males, 9 females) were fitted with ultrasonic tags and released in the Great Bay Estuary, NH, USA. The tags transmitted acceleration and depth data every 3 to 5 min from June until December during the year in which they were tagged, and from March to May of the following year. Acoustic transmissions from the tags were detected and logged by a series of VR2W receivers moored throughout the estuary. Accelerometer data were used to assess when animals were active and to determine (1) whether they were expressing tidal or daily rhythms and (2) their overall activity level each month. We discovered that horseshoe crabs were just as likely to express tidal rhythms as daily rhythms, despite being continuously exposed to natural tide cycles. In addition, there was a tendency to move into deeper water and become less active as water temperatures cooled in the fall, and then to move up into the estuary and become more active as water temperatures warmed in the spring

Palliative care and Parkinson's disease : meeting summary and recommendations for clinical research

Introduction: Palliative care is an approach to caring for patients and families affected by serious illnesses that focuses on the relief of suffering through the management of medical symptoms, psychosocial issues, advance care planning and spiritual wellbeing. Over the past decade there has been an emerging clinical and research interest in the application of palliative care approaches to Parkinson’s disease (PD) and outpatient palliative care services are now offered by several movement disorders centers. Methods: An International Working Group Meeting on PD and Palliative Care supported by the Parkinson’s Disease Foundation was held in October 2015 to review the current state of the evidence and to make recommendations for clinical research and practice. Results: Topics included: 1) Defining palliative care for PD; 2) Lessons from palliative care for heart failure and other chronic illnesses; 3) Patient and caregiver Needs; 4) Needs assessment tools; 5) Intervention strategies; 6) Predicting prognosis and hospice referrals; 7) Choice of appropriate outcome measures; 8) Implementation, dissemination and education research; and 9) Need for research collaborations. We provide an overview of these discussions, summarize current evidence and practices, highlight gaps in our knowledge and make recommendations for future research. Conclusions: Palliative Care for PD is a rapidly growing area which holds great promise for improving outcomes for PD patients and their caregivers. While clinical research in this area can build from lessons learned in other diseases, there is a need for observational, methodological and interventional research to address the unique needs of PD patients and caregivers

The North American Reporting Center for Amphibian Malformations

The North American Reporting Center for Amphibian Malformations was established to provide a conduit of information about, and a systematic data base on, malformed amphibians. This article describes the Reporting Center and the variety of features available at its Web site, presents an example of a summary analysis that can be conducted with its data, discusses caveats about the data, and makes recommendations about systematic surveys to better understand patterns and trends in the incidence of malformed amphibians

ALMA Resolves 30 Doradus: Sub-parsec Molecular Cloud Structure Near the Closest Super-Star Cluster

We present ALMA observations of 30 Doradus -- the highest resolution view of molecular gas in an extragalactic star formation region to date (~0.4pc x 0.6pc). The 30Dor-10 cloud north of R136 was mapped in 12CO 2-1, 13CO 2-1, C18O 2-1, 1.3mm continuum, the H30alpha recombination line, and two H2CO 3-2 transitions. Most 12CO emission is associated with small filaments and clumps (<1pc, ~1000 Msun at the current resolution). Some clumps are associated with protostars, including "pillars of creation" photoablated by intense radiation from R136. Emission from molecular clouds is often analyzed by decomposition into approximately beam-sized clumps. Such clumps in 30 Doradus follow similar trends in size, linewidth, and surface density to Milky Way clumps. The 30 Doradus clumps have somewhat larger linewidths for a given size than predicted by Larson's scaling relation, consistent with pressure confinement. They extend to higher surface density at a given size and linewidth compared to clouds studied at 10pc resolution. These trends are also true of clumps in Galactic infrared-dark clouds; higher resolution observations of both environments are required. Consistency of clump masses calculated from dust continuum, CO, and the virial theorem reveals that the CO abundance in 30 Doradus clumps is not significantly different from the LMC mean, but the dust abundance may be reduced by ~2. There are no strong trends in clump properties with distance from R136; dense clumps are not strongly affected by the external radiation field, but there is a modest trend towards lower dense clump filling fraction deeper in the cloud.Comment: accepted to Ap

A multicenter comparison between Child Pugh and ALBI scores in patients treated with sorafenib for hepatocellular carcinoma

Background &amp; aims: The ALBI grade was proposed as an objective means to evaluate liver function in patients with Hepatocellular Carcinoma (HCC). ALBI grade 1 vs 2 were proposed as stratification factors within the Child Pugh (CP) A class. However, the original publication did not provide comparison with the sub-classification by points (5 to 15) within the CP classification. Methods: We retrospectively analyzed data from patients treated with sorafenib for HCC from 17 centers in United Kingdom and France. Overall survival (OS) was analyzed with the Kaplan-Meier method and a Cox regression model. Discriminatory abilities of the classifications were assessed with the log likelihood ratio, Harrell’s C statistics and Akaike information criterion. Results: Data from 1,019 patients were collected, of which 905 could be assessed for both scores. 92% of ALBI grade 1 were CP A5 while ALBI 2 included a broad range of CP scores of which 44% were CP A6. Median OS was 10.2, 7.0 and 3.6 months for CP scores A5, A6 and &gt;A6, respectively (P&lt;0.001), Hazard Ratio (HR)=1.60 (95%CI: 1.35-1.89, P&lt;0.001) for A6 vs A5. Median OS was 10.9, 6.6 and 3.0 months for ALBI grade 1, 2 and 3, respectively (P&lt;0.001), HR=1.68 (1.43-1.97, P&lt;0.001) for grade 2 vs 1. Discriminatory abilities of CP and ALBI were similar in the CP A population, but better for CP in the overall population. Conclusions: Our findings support the use CP class A as an inclusion criterion, and ALBI as a stratification factor in trials of systemic therapy

Defining the genetic susceptibility to cervical neoplasia - a genome-wide association study

Funding: MAB was funded by a National Health and Medical Research Council (Australia) Senior Principal Research Fellowship. Support was also received from the Australian Cancer Research Foundation. JL holds a Tier 1 Canada Research Chair in Human Genome Epidemiology. The Seattle study was supported by the following grants: NIH, National Cancer Institute grants P01CA042792 and R01CA112512. Cervical Health Study (from which the NSW component was obtained) was funded by NHMRC Grant 387701, and CCNSW core grant. The Montreal study was funded by the Canadian Institutes of Health Research (grant MOP-42532) and sample processing was funded by the Reseau FRQS SIDA-MI. The Swedish Research Council, the Swedish Foundation for Strategic Research, the ALF/LUA research grant in Gothenburg and Umeå, the Lundberg Foundation, the Torsten and Ragnar Soderberg’s Foundation, the Novo Nordisk Foundation, and the European Commission grant HEALTH-F2-2008-201865-GEFOS, BBMRI.se, the Swedish Society of Medicine, the KempeFoundation (JCK-1021), the Medical Faculty of Umeå University, the County Council of Vasterbotten (Spjutspetsanslag VLL:159:33-2007). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscriptPeer reviewedPublisher PDFPublisher PD

The NQO1*2/*2 polymorphism is associated with poor overall survival in patients following resection of stages II and IIIa non-small cell lung cancer

NAD(P)H:quinone oxidoreductase 1 (NQO1), is a cytosolic flavoenzyme that catalyzes the two-electron reduction of quinones into hydroquinones. A polymorphism (NQO1*2) alters enzymatic activity of NQO1 resulting in diminished NQO1 activity. Malignancies with NQO1*2 may be resistant to radiation and chemotherapy with resulting poorer survival. NQO1 allele was evaluated in subjects enrolled in ECOG 3590, a randomized comparison of radiation (RT) vs radiation and chemotherapy with cisplatin/etoposide (RCT) in patients with completely resected stages II and IIIa NSCLC. Overall survival was estimated using the Kaplan-Meier method and compared via the log-rank test. Cox models were used to assess the impact of covariates on outcomes. Among 152 patients with assessable samples, 24 (16%) had NQO1*2. Median follow-up was 139 months. The presence of NQO1*2/*2 was associated with decreased overall survival (OS) (median in the heterozygote/wild-type group 42.3 vs. 33.5 months in the variant group, p=0.04). In a multivariable Cox model, variant NQO1 (HR=1.58, p=0.05), age <60 (HR=0.67, p=0.04), PS 1 (HR=1.47, p=0.05), cardiovascular disease (HR=1.93, p=0.003) and alkaline phosphatase <100 mg/ml (HR=0.59, p=0.005) were all significant predictors of OS. NQO1*2/*2 may be an independent predictor of poor overall survival in individuals with resected stages II and IIIa NSCLC. Although the basis for the NQO1 association with decreased survival requires additional evaluation, NQO1 may represent a biomarker for guiding individualized therapy