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The reaction of 2-(2'-pyridyl)benzothiazole, [NN], with the ReO(V)(3+) and TcO(V)(3+) cores in the presence of thiophenols, [S] (RC(6)H(4)SH, R = H, 4-CH(3), 4-OCH(3)), as coligands led to the isolation of hexacoordinated complexes of the MO[NN][S](3) type (M = Re, Tc). In all cases, two geometric mer isomers were formed, as evidenced by NMR spectroscopy and confirmed by X-ray crystallography. In both isomers, the coordination geometry about the metal ion is a distorted octahedral defined by the two nitrogen atoms of the bidentate ligand, the three sulfur atoms of the monodentate thiols, and the oxygen atom of the oxo group. The apical positions of the octahedron are occupied by the oxygen of the oxo group and, in one of the isomers, the nitrogen of the pyridyl moiety of 2-(2'-pyridyl)benzothiazole, while, in the second isomer, the imine nitrogen of 2-(2'-pyridyl)benzothiazole. The complexes are stable, neutral, and lipophilic. Complete (1)H and (13)C NMR assignments are reported for all complexes. The synthetic reaction was also successfully transferred at the technetium-99m tracer level by ligand exchange reaction using (99m)Tc-glucoheptonate as precursor in the presence of 2-(2'-pyridyl)benzothiazole and 4-CH(3)C(6)H(4)SH. The structure of the technetium-99m complex was established by high-performance liquid chromatographic comparison with the analogous oxotechnetium and oxorhenium complexes. The 2-(2'-pyridyl)benzothiazole ligand serves as a preliminary model for 2-(4-aminophenyl)benzothiazole, which possesses interesting properties for the development of technetium and rhenium radiopharmaceuticals for tumor imaging and/or radiotherapy as well as in vivo diagnosis of Alzheimer's disease.
The American Civil Liberties Union of Pennsylvania filed a federal lawsuit on May 20, 2010, against the Tunkhannock Area School District (Wyoming County) for searching a student's confiscated cell phone without probable cause and punishing her for storing semi-nude pictures of herself on the device. The school subsequently turned her phone over to law enforcement.
Plaintiffs, VINCENT K. and JOAN GANGITANO move this Court to enter an order determining that plaintiffs are entitled to trial by jury in this action; or in the alternative, move this Court pursuant to Fed.R.Civ.P. 39(c) to empanel an Advisory Jury.
This is an action for the recovery of medical insurance benefits under a policy issued by defendant NN Investors Life Ins. Co. to Plaintiff's employer, Office Installations, Inc. This Court has previously determined that the cause is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. ("ERISA").
Plaintiff, VINCENT GANGITANO suffered a brain stem hemorrhage in October, 1987, requiring approximately $850,000. in medical treatment. Plaintiffs made a claim through NN Investors Life Insurance Co. The claim was ultimately denied on the sole ground that Plaintiff's brain stem hemorrhage was the result of a pre-existing medical condition. Following Defendant's denial of benefits, VINCENT GANGITANO and JOAN GANGITANO, his wife, filed a suit in Broward County Circuit Court. That action was thereafter removed to this Court.
The issue before this Court is whether plaintiffs have a Seventh Amendment right to have this ERISA claim tried by a jury. Plaintiffs do not seek and are not in need of any injunctive or other equitable relief.
*343 In the parlance of ERISA, VINCENT GANGITANO and JOAN GANGITANO are pursuing a claim "to recover benefits due him under the terms of his plan". See, 29 U.S.C. § 1132(a) (1) (B). The Supreme Court has recently held that in such cases, the claimant is entitled to de novo review. Firestone Tire and Rubber Co. v. Bruch, ___ U.S. ___, 109 S. Ct. 948, 956, 103 L. Ed. 2d 80 (1989); Baker v. Big Star Division of the Grand Union Co., 893 F.2d 288, 290-292 (11th Cir. 1989). The fact finder will therefore be determining nothing more than whether defendant's pre-existing defense is or is not applicable; and if it is not, the dollar amount of plaintiff's damages.
The Eleventh Circuit has held that a claimant is not entitled to a jury trial in an action under § 1132(a) (1) (B). Chilton v. Savannah Foods and Industries, Inc., 814 F.2d 620, 623-624 (11th Cir.1987); Calamia v. Spivey, 632 F.2d 1235, 1237 (5th Cir. 1980); See also, Howard v. Parisian, Inc., 807 F.2d 1560, 1566-1567 (11th Cir.1987). The issue which remains undecided is whether the Seventh Amendment to the United States Constitution guarantees a claimant the constitutional right to a trial by jury in a § 1132(a) (1) (B) action.
In Granfinanciera, S.A. v. Nordberg, ___ U.S. ___, 109 S. Ct. 2782, 106 L. Ed. 2d 26 (1989), a bankruptcy trustee brought an action in District Court to recover an allegedly fraudulent transfer. The claim was that the debtor had transferred or paid approximately $1.7 million dollars to the defendants, and that such transfers were avoidable under the bankruptcy code. The trustee sought only money damages. Id. 109 S. Ct. at 2787.
The fraudulent transfer provisions on which suit were brought were specifically defined as "core proceedings", 28 U.S.C. § 157(b) (2) (H), which the bankruptcy judge was authorized to decide as the finder of fact under 28 U.S.C. § 157(b) (1). Both the District Court an the Eleventh Circuit denied the defendants' claim that defendants' were entitled to trial by jury under the Seventh Amendment. The Supreme Court reversed and held that the defendants were constitutionally entitled to a jury trial under the Seventh Amendment. Id. 109 S. Ct. at 2787.
The Supreme Court reasoned that the Seventh Amendment guarantees a right to trial by jury in actions at law. The Seventh Amendment also applies to "actions brought to enforce statutory rights that are analogous to common-law causes of action ordinarily decided in English law courts in the late 18th century...." Id. at 2787-2788. The fraudulent transfer actions, when the object was the recovery of money, were brought at law in 1791, and because these claims involved the "private rights" of the parties, Congress could not require the claims to be tried in a non-jury forum. Id.
As recently as March 20, 1990, the United States Supreme Court again upheld the Seventh Amendment constitutional right of a litigant to a jury trial in the case of Chauffeurs, Teamsters and Helpers, Local 391 v. Thomas C. Terry, et al., ___ U.S. ___, 110 S. Ct. 1339, 108 L. Ed. 2d 519.
In Chauffeurs, an employee sued for a unions' alleged breach of its duty of fair representation. Concluding that the action was a legal one and that the money damages plaintiffs sought were of the type traditionally awarded by courts of law, the Court held that the Seventh Amendment entitled plaintiffs to a jury trial. The statutory right created under § 1132(a) (1) (B) for recovery of benefits is essentially a breach of contract action. Many courts have recognized this in holding that the forum state's statute of limitations for contract actions is applicable to § 1132(a) (1) (B) actions. Fogerty v. Metropolitan Life Ins. Co., 850 F.2d 430, 432-433 (8th Cir.1988).
There is certainly no question that a breach of contract action seeking money damages only was triable at law in 1791. *344 Since Plaintiffs' cause of action for benefits is essentially a contract action, Plaintiffs are entitled to a trial by jury under the Seventh Amendment of the Constitution of the United States.
Learn what the PACT Act means for your VA benefits "; $("body").append(alertMsg); }); VNN: Veteran News NetworkThe Veteran News Network (VNN) is a channel for Veterans, largely by Veterans, that offers a fun and informative mix of specialized programming that honors, entertains, and informs Veterans of the benefits and services that they have earned.
The authors thank J. Rettig, D. Stevens, M. Dhara and R. Mohrmann for valuable discussions. We thank W. Frisch, V. Schmidt and M. Wirth for excellent technical assistance. The work was supported by grants from the DFG (SFB 894, TRR 152 and SPP 1757) to D.B. and F.K. and from HOMFOR (to Y.S.).
(a) Exemplary images for cultured astrocytes co-immunolabeled with SybII and Ceb antibodies. SybII accumulates at the cell´s periphery, whereas Ceb is scattered throughout the cytoplasm. Note the lack of colocalization between the two v-SNARE proteins as depicted in the higher magnification image. (b) Ceb colocalizes with the large dense core (LDCV) marker protein NPY. (c) Co-immunolabeling of the vesicular glutamate transporter (vGlut) and SybII shows a high degree of colocalization between the two proteins. (d) Cytofluorograms (pixel plotted in grey values) for the indicated groups underline the lack of colocalization between SybII and Ceb (r2=0,34) and a good colocalization between Ceb and NPY (r2=0,84) and SybII and vGlut (r2=0,94). (e) Line scan analyses for the indicated antigens (dashed lines in a-c). (f) Syb and Ceb colocalize with their respective cargo significantly better than with the other v-SNARE variant (Data were collected from 3 preparations; SybII vs Ceb, n=12; Manders coeff.: Ceb vs NPY, n=11, p 2b1af7f3a8