Dushman Part 1

[Martha Weitz]

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George Washington, upon assuming the Presidency of the United States, hung up his sword and scabbard. America was not following the example of European monarchies by perpetrating chaos and violence in politics, trade and religion.

There is no evidence that Mr Trump has updated his approach: he is still a tax-cuts-and-debt guy. But the economic conditions have changed. For the past two years the Federal Reserve has been trying to bring down inflation. Though it has nearly succeeded, the labour market remains tight. Today 2.8m more 25- to 54-year-olds are in work than would be if the employment rates of January 2017 had persisted.

These are the conditions under which Latin American populists bully their central banks to keep rates low, a practice Mr. Trump dabbled in last time. The Fed is supposed to be independent, but Mr. Trump will have a chance to nominate a stooge as chair in May 2026 and a pliant Senate could indulge him. The risk of more inflation would surge, perhaps exacerbated by more tariffs, which would also slow growth.

Firms would not relish further trade restrictions, but some members of Mr Trump's circle have floated a 60% tariff on imports from China. Lots of companies like the federal government's support for renewable energy (which Mr Trump calls the Green New Scam).

He has promised the biggest deportation scheme in American history to reduce the number of illegal immigrants in the country. As well as causing misery, this would be a shock to that tight labour market.

Duchenne muscular dystrophy (DMD) is a genetic disorder characterized by progressive muscle degeneration and weakness due to the alterations of a protein called dystrophin that helps keep muscle cells intact. DMD is one of four conditions known as dystrophinopathies. The other three diseases that belong to this group are Becker Muscular dystrophy (BMD, a mild form of DMD); an intermediate clinical presentation between DMD and BMD; and DMD-associated dilated cardiomyopathy (heart-disease) with little or no clinical skeletal, or voluntary, muscle disease.

Muscle weakness is the principal symptom of DMD. It can begin as early as age 2 or 3, first affecting the proximal muscles (those close to the core of the body) and later affecting the distal limb muscles (those close to the extremities). Usually, the lower external muscles are affected before the upper external muscles. The affected child might have difficulty jumping, running, and walking. Other symptoms include enlargement of the calves, a waddling gait, and lumbar lordosis (an inward curve of the spine). Later on, the heart and respiratory muscles are affected as well. Progressive weakness and scoliosis result in impaired pulmonary function, which can eventually cause acute respiratory failure. For more about DMD symptoms, see Signs and Symptoms.

DMD was first described by the French neurologist Guillaume Benjamin Amand Duchenne in the 1860s, but until the 1980s, little was known about the cause of any kind of muscular dystrophy. In 1986, MDA-supported researchers identified a particular gene on the X chromosome that, when flawed (mutated), leads to DMD. In 1987, the protein associated with this gene was identified and named dystrophin. Lack of the dystrophin protein in muscle cells causes them to be fragile and easily damaged.

DMD carriers are females who have a normal dystrophin gene on one X chromosome and an abnormal dystrophin gene on the other X chromosome. Most carriers of DMD do not themselves have signs and symptoms of the disease, but a minority do. Symptoms can range from mild skeletal muscle weakness or cardiac involvement to severe weakness or cardiac effects and can begin in childhood or adulthood. For more, read Females and DMD in Causes/Inheritance.

Until relatively recently, boys with DMD usually did not survive much beyond their teen years. Thanks to advances in cardiac and respiratory care, life expectancy is increasing and many young adults with DMD attend college, have careers, get married, and have children. Survival into the early 30s is becoming more common than before. For more about living with DMD, see Medical Management.

MDA-supported researchers are actively pursuing several exciting strategies in DMD, such as gene therapy, exon skipping, stop codon read-through and gene repair. Human clinical trials are underway for some of these strategies. For an overview of DMD research strategies and the latest research news, see Research.

In December 2019, Vyondys 53, an "exon skipping" drug that targets a section of DNA called exon 53 was approved by the FDA for treatment of individuals who have a confirmed mutation of the DMD gene that is amenable to a therapeutic strategy called exon 53 skipping and may help up to 8% of individuals with DMD. For more, see -releases/mda-celebrates-fda-approval-vyondys-53-treatment-dmd-amenable-exon-53-skipping.

In August 2020, Viltepso, an "exon skipping" drug that targets a section of DNA called exon 53. was approved by the FDA for treatment of individuals who have a confirmed mutation of the DMD gene that is amenable to a therapeutic strategy called exon 53 skipping and may help up to 8% of individuals with DMD. For more, see -approves-ns-pharmas-viltepso-for-treatment-of-dmd-amenable-to-exon-53-skipping

An action by the Attorney General to enforce a civil investigative demand under G. L. c. 93A, Section 7, against a national bank with its principal place of business in Rhode Island and no branch office in the Commonwealth should have been dismissed for lack of proper venue as the action was not local in nature and there was no showing that the bank had waived its venue privileges under 12 U.S.C. Section 94 (1976) [534-537]; the bank was not barred from raising its venue claim by its failure to bring a proceeding under c. 93A, Section 6(7), to set aside the civil investigative demand [537-538].

WILKINS, J. The defendant is a national bank, organized under 12 U.S.C. Section 21 (1976), with its principal place of business in Rhode Island and no branch office in the Commonwealth. The bank refused to comply with a civil investigative demand (C.I.D.) issued by the plaintiff Attorney General pursuant to G. L. c. 93A, Section 6. The Attorney General filed a complaint under G. L. c. 93A, Section 7, to enforce the C.I.D. The bank then moved to dismiss on several

grounds, including improper venue (Mass. R. Civ. P. 12 [b] [3], 365 Mass. 754 [1974]) and failure to state a claim on which relief could be granted (Mass. R. Civ. P. 12 [b] [6], 365 Mass. 754 [1974]). The judge granted the motion on the rule 12 (b) (6) ground, but declined to rule on the venue question. We transferred the Attorney General's appeal here on our own motion and agree that the motion to dismiss should have been allowed, although we base our decision solely on the issue of improper venue. [Note 1]

Section 94 of Title 12 of the United States Code (1976) provides, in part, that proceedings against a national banking association may be brought "in any State, county, or municipal court in the county or city in which said association is located." A bank is located where it is established or where it maintains an authorized branch. Citizens & S. Nat'l Bank v. Bougas, 434 U.S. 35, 44 (1977). The venue provisions in 12 U.S.C. Section 94 (1976) are mandatory. Radzanower v.

Clearly, a suit to enforce a C.I.D. is not a local action. Venue is not restricted under G. L. c. 93A to the county where specific property is located. G. L. c. 93A, Section 7. Thus, a C.I.D. enforcement action is very different from a suit that is concerned with the determination of local property interests and is brought at the situs of the property. See National Bank of N. America v. Associates of Obstetrics & Female Surgery, Inc., 425 U.S. 460, 461-462 n* (1976); Michigan Nat'l Bank v. Robertson, 372 U.S. 591, 593-594 (1963). The proceeding in this case is in personam, not in rem; the Attorney General seeks a judgment against the bank, not against any local property. See First Fed. Sav. & Loan Ass'n v. Merrimack Valley Nat'l Bank, 5 Mass. App. Ct. 320, 322 (1977). This action, which apparently arises out of the bank's alleged participation in a number of retail sales contracts, is transitory. "Its nature is not changed merely because it relates to or arises out of a transaction involving real estate" (id.), if indeed that is the fact in this case.

The Attorney General claims further that the bank waived its right to assert the defense of improper venue by engaging in business activities in Massachusetts. The venue provisions of Section 94 are a personal privilege that a national bank may assert or may waive at its election. Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 168 (1939). An express waiver is not required. The venue privilege may be lost by failure to assert it seasonably, First Nat'l Bank v. Morgan, 132 U.S. 141, 145 (1889); by consent to be sued, Neirbo Co. v. Bethlehem Shipbuilding Corp., supra at 175; or by waiver through conduct, Buffum v. Chase Nat'l Bank, 192 F.2d 58, 60 (7th Cir. 1951), cert. denied, 342 U.S. 944 (1952). Exactly what conduct constitutes waiver of Section 94 venue privileges has been the subject of debate in many State courts. See generally Annot., 1 A.L.R.3d 904 (1965 & Supp. 1979). [Note 4] Proof that a national bank has

waived the venue privileges in Section 94 requires more than a showing that the bank had minimal contacts with the forum State. See Helco, Inc. v. First Nat'l City Bank, 470 F.2d 883, 885 (3d Cir. 1972); Staley v. Homeland, Inc. 368 F. Supp. 1344, 1347 (E.D.N.C. 1974). Otherwise, the Congressional enactment, which was intended generally to afford national banks immunity from suit in foreign States, would be meaningless because the exception would engulf the rule. See Mercantile Nat'l Bank v. Langdeau, 371 U.S. 555, 560 (1963). Generally, in order to prove that a nonresident national bank by its conduct has waived the right to be exempt from suit in the forum State, the plaintiff must show that the bank previously had undertaken to enforce obligations within the State or had enlisted the aid of that State's legal processes to further or protect its own business interests there. See Michigan Nat'l Bank v. Superior Court, 23 Cal. App. 3d 1, 11 (1972). For example, a judge may consider how many times the bank has brought suit or has been sued in local courts without raising a venue objection under Section 94. See, e.g., Reaves v. Bank of America, 352 F. Supp. 745, 749-750 (S.D. Cal. 1973).

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