text:
131 F. 3d 108 - Newfound Management Corporation v. Lewis a
Federal Reporter, Third Series
131 F.3d
131 F3d 108 Newfound Management Corporation v. Lewis a
39 Fed.R.Serv.3d 14
NEWFOUND MANAGEMENT CORPORATION, General Partner of Newfound
Limited Partnership,
Cedrick LEWIS, individually and in his capacity as
Administrator of the Estate of Bernard Williams; Irvin A.
Sewer; Lucinda Anthony; Earle Sewer; Violet Sewer;
Jasmine Sewer; Lorel Sewer; Judith Callwood; Leon
Callwood; Lorne Callwood; Persons Unknown who have
Attempted to Obstruct Construction Work on Plaintiff's Land.
Third Circuit.
Argued April 9, 1997.
Decided Nov. 12, 1997.
Aurelia D. Rashid (argued), St. Thomas, U.S. Virgin Islands, for Cedrick Lewis.
Clair A. Carlson, Jr. (argued), Alan Garber, Paul D. Boynton, Mason & Martin, Boston, MA, for Newfound Management Corporation.
Before: BECKER, ROTH and WEIS, Circuit Judges.
OPINION OF THE COURT
WEIS, Circuit Judge.
In these consolidated cases of quiet title and trespass, a crucial issue is the location of certain boundary lines. Under the unique circumstances presented here, we conclude that the district court properly established the property lines in a bench trial before submission of the other issues to a jury. We also determine that the court did not err in its evaluation of the evidence and application of survey law. Accordingly, we will affirm the district court's order as certified under Federal Rule of Civil Procedure 54(b).
This litigation arises out of a long-standing dispute over ownership and boundaries of property located on the eastern end of the Island of St. John, United States Virgin Islands. After severing common issues from an action to quiet title and consolidating them with a trespass action, the district court in a bench trial resolved most of those points against defendants (various heirs and devisees) and entered judgment in favor of plaintiff Newfound Management Corporation. Newfound Mgmt. Corp. v. Sewer, 885 F.Supp. 727 (D.Vi.1995). On stipulation of the parties, the order was certified as final within the terms of Fed.R.Civ.P. 54(b).
The facts and disputes presented in this case are complex and multifarious. Indeed, the district court remarked in a pre-trial ruling: "As with all land disputes in the Virgin Islands, this one involves a large cast of characters, hard feelings, and an often incomprehensible genealogy." To avoid complicating matters unnecessarily, we will recite only those facts essential to deciding the issues on appeal.
Although litigation over the realty had taken place in earlier years, the matter before us began in 1980 as a probate action brought by persons claiming ownership of certain tracts of land as rightful heirs of the 19th-century owners. At stake were the title to and boundaries of parcels located in the Hansen Bay and Newfound Bay Estates in the East End Quarter of St. John.1 Included in the relief requested was the appointment of Eric Christian as Administrator of the Estate of James George Sewer, who would then bring an action to quiet title to the parcels.
Christian filed the quiet title action on December 15, 1987. Defendant Cedrick Lewis, as Administrator of the Estate of Bernard Williams, filed an answer in February 1988. Newfound intervened as a defendant in December 1988.
On the eve of trial in December 1993, the parties agreed in general terms to a settlement. Seven months later, the court entered a detailed consent judgment in the quiet title action that resolved most issues, but left others for future determination. Over the objections of Newfound, the court directed that the adverse claims of Newfound, the Estate of Bernard Williams as represented by Lewis, and the heirs of Martin Sewer to parcels designated 6-P Hansen Bay and 7-A Hansen Bay would be severed and consolidated for trial with the pending injunction/trespass action brought by Newfound on August 16, 1991.
In that suit, Newfound had asked for an injunction, alleging that several individuals had repeatedly blocked access to the land under development by Newfound and stopped construction work underway. Named as defendants were Lewis, the Sewer heirs, and unknown persons who had attempted to prevent development of the land. In addition to obstruction, which apparently occurred on parcel 6-O-1, Newfound charged defendants with vandalism, as well as threats of violence, trespass, slander of title, and interference with business relations.
In his answer to Newfound's trespass action, Lewis disputed the boundary lines of parcel 6-P and neighboring parcels, including parcel 6-O-1, as drawn by Newfound's surveyor, H. Marvin Berning.2 The answer contained a jury demand and a request for affirmative relief in the nature of a judicial determination of the property's rightful owners. In addition, Lewis asked for damages. Two weeks later, in September 1991, the parties stipulated to the entry of a preliminary injunction.
On June 14, 1994 (two weeks after entry of the consent judgment in the quiet title action), the district court approved a final pretrial order for the two cases. Noting that Newfound had objected to severance of its claims to parcels 6-P and 7-A for consolidation with the trespass action, the order stated that "the quiet title portion of the action will be tried as a jury-waived action."The pretrial order set out the contentions of ownership of the various parcels. The parties stipulated that Newfound held record title to parcels 6-O, 6-O-1, 6-O-2, 6-Y, and 6-Z, and that none of the defendants had record title to those parcels. Essentially, Newfound claimed that parcels 6-O, 6-O-1, and 6-O-2 were located as shown on the Berning survey to the north of 6-P.
The defendants' claim to parcel 6-P was based on the consent judgment. Lewis and the Sewer heirs asserted that 6-P was incorrectly shown on that survey and, instead, was located partially within the area that Newfound designated as 6-O, 6-O-1, and 6-O-2.
The pretrial order also described Newfound's claim for damages based on the blocking of construction, and listed as exhibits newspaper articles containing the defendants' claims of ownership of the land. The order noted that Lewis was standing "by his demand for a jury trial on all questions of fact." Newfound, however, continued to assert that "the resolution of issues relating to the title and boundaries of the Property are questions for the trial judge to resolve," and that after these determinations, the plaintiffs' damages could be tried to the jury.
On August 19, 1994, two months after approving the pretrial order, the district court struck some of the defendants' counterclaims and affirmative defenses. In their proposed amended answer, the Sewer heirs had asserted that they held undivided equitable interests in parcels 6-O, 6-O-1, and 6-O-2. Similarly, Lewis had claimed an undivided interest in Longbay # 1 and sought to defend the trespass claim on that ground.3 See Restatement (Second) of Torts § 185 (1965) (title of defendant is a defense to trespass).
Assessing the defendants' claims, the district court pointed out that in the Virgin Islands an action to determine "any right or claim to or interest in" real property will be time-barred "unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within twenty years before the commencement of the action." V.I.Code Ann. tit. 5, §§ 32, 31(1)(A) (1967). As the court noted, "defendants have failed to plead an essential element of their case--that they or their predecessors in interest possessed the land within twenty years of their commencing this action." Accordingly, the affirmative defenses based on the defendants' claims of ownership to Longbay # 1 were stricken. The order did not discuss the defendants' title to parcel 6-P, nor did it prevent them from arguing that the allegedly tortious conduct occurred within that parcel's boundaries.
The case came on for jury selection and trial on October 3, 1994. Acknowledging that the proceeding was "essentially to determine whether or not an injunction should be issued," counsel for the Sewer heirs argued that there was no immediate harm and that Newfound had an adequate remedy at law. In addition, counsel contended that the jury should determine whether Newfound owned the land and whether defendants had trespassed. The court responded: "The jury will determine the trespass. The only issue I'm determining is whether or not the plaintiff owns the land on which the trespass allegedly occurred.... The Court now only has to decide the issue of permanency and that's what it will do."
On March 27, 1995, the court issued an exhaustive and comprehensive opinion reviewing the extensive documentary evidence and testimony presented at the two-day trial. 885 F.Supp. 727 (D.Vi.1995). The court determined title to all disputed properties except parcel 10 and expressly located the boundaries of most of the other parcels.
Rather than proceeding to the jury trial as originally planned, on October 3, 1996 the parties stipulated to the entry of a partial final judgment under Rule 54(b). The following paraphrased provisions, inter alia, appeared in the Order Certifying Final Judgment:
-- Defendants have title to parcel 6-P;
-- By locating parcels 6-O, 6-O-1, 6-O-2, 6-F, 6-Y, and 6-Z, the court implicitly held that 6-P was not located on any of those parcels;
-- Defendants assert that the alleged trespass occurred on parcel 6-P, which should have been plotted where the court plotted 6-O, 6-O-1, 6-O-2, 6-F, 6-Y, and 6-Z;
-- If the Court of Appeals affirmed the judgment, "plaintiff would withdraw its tort claims against the defendants and the defendants would relinquish to the plaintiff their ownership interest in parcels 6-f and 6-p."
The court thereupon certified the March 27, 1995 order as a final judgment under Rule 54(b). Lewis filed a timely notice of appeal, but the Sewer heirs did not.4 Lewis raises a number of issues in his brief that require us to examine the proper scope of our jurisdiction and the adequacy of the Rule 54(b) certification.
We first consider whether we have appellate jurisdiction. Rule 54(b) provides in pertinent part:
When more than one claim for relief is presented in an action, ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims ... only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.
We explained the requirements for a proper Rule 54(b) certification in Sussex Drug Products v. Kanasco, Ltd., 920 F.2d 1150 (3d Cir.1990). To qualify, the relevant order must first be a final judgment in the sense that it ultimately disposes of an individual claim brought as part of a multiple claim action. Id. at 1153. Second, an immediate appeal must foster efficiency and equitable concerns. Id. We review the former question de novo. Id. We review the decision to certify for an abuse of discretion. Id.
Finality under Rule 54(b) is synonymous with that required under 28 U.S.C. § 1291. Sussex Drug Prods., 920 F.2d at 1153. If the order adjudicates the claim fully so that the court's only remaining task is to execute on the judgment, then the order will be considered final as to that particular claim within the multiclaim action. Id. at 1153-54. Partial adjudication of a single claim, however, is not appealable despite a Rule 54(b) certification. Id. at 1154; see also Gerardi v. Pelullo, 16 F.3d 1363, 1368-70 (3d Cir.1994).
As noted earlier, the parties have attempted to manipulate the finality requirement. According to paragraph 9 of the Rule 54(b) order, if, and only if, we uphold the findings entered on March 27, 1995, then Newfound will "withdraw its tort claims" in exchange for title to parcels 6-P and 6-F. This agreement was modified in a document entitled "Notice of Conditional Waiver of Damage Claims," filed in our Court by Newfound after oral argument. In this document, Newfound agreed to waive all damage claims asserted in the trespass action and agreed to relinquish its claim to Lewis' interest in 6-P if we affirmed the judgment and remanded the case for consideration of its request for a permanent injunction.
We reject this maneuvering as a method of manufacturing finality because Newfound's offer to drop its tort claim is intrinsically contingent. As one Court has aptly held under similar circumstances:
Litigants and courts cannot, by agreement, avoid the finality requirement of § 1291. While in this case the parties have settled their dispute, the settlement is not a final one, but a contingent one; if we affirm, the parties will go their own ways, but if we reverse the parties will continue to litigate the dispute. The fact that the court of appeals could end the litigation does not make a decision on a single issue final. True, litigation will continue in cases where a court of appeals reverses and remands a case, but in those circumstances the lower court has already ruled on the merits of the case. Here no decision on the merits has occurred.
Union Oil Co. of California v. John Brown, Inc., 121 F.3d 305, 309 (7th Cir.1997) (quotation and citation omitted); accord Dannenberg v. Software Toolworks, Inc., 16 F.3d 1073 (9th Cir.1994) (parties cannot manufacture finality by stipulating to dismissal of outstanding claims without prejudice to reinstituting those claims if the Court of Appeals reverses the judgment on appeal); see generally Bethel v. McAllister Bros., Inc., 81 F.3d 376, 380-83 (3d Cir.1996) (final judgment rule does not prevent appeal from otherwise unappealable order if plaintiff voluntarily and finally abandons all other live claims). Therefore, we must review the jurisdictional issue further.
The partial consolidation of the quiet title and trespass actions presents complications. Consolidation orders tend to obscure questions of finality and practice under Rule 54(b) because a factual determination may be conclusive in one claim but not in the other. See, e.g., Bergman v. Atlantic City, 860 F.2d 560, 565-67 (3d Cir.1988); Bogosian v. Gulf Oil Corp., 561 F.2d 434, 440-41 (3d Cir.1977); see also UGI Corp. v. Clark, 747 F.2d 893, 894 (3d Cir.1984); see generally Gaylord A. Virden, Consolidation Under Rule 42 of the Federal Rules of Civil Procedure: The U.S. Courts of Appeals Disagree on Whether Consolidation Merges the Separate Cases and Whether the Cases Remain Separately Final for Purposes of Appeal, 141 F.R.D. 169 (1991) ("Virden "). We apply a case by case-by-case approach to determine whether a judgment entered in one action may be considered final and appealable while a second action with which the first was consolidated remains pending in the district court. Bergman, 860 F.2d at 566.
At this point, a brief review of the factual issues will be helpful in understanding the appealability question. The location of parcel 6-P is the crucial issue common to both suits and the essential point of disagreement between the parties. Parcel 6-P is bounded in part by parcel 6-O-1 on the north and by the George-Sewer line on the south. The parties do not disagree on the place on the ground where the obstruction incidents asserted by Newfound allegedly occurred, but heatedly contest whether that situs was located within parcel 6-P or 6-O-1.
From the beginning, the parties have disputed the location of the George-Sewer line, so named because in 1893 a Danish surveyor drew a line to separate the property of William George to the north (through whom Lewis and the Sewer heirs claim title) and Eve Marie Sewer to the south. The rudimentary and unspecific nature of the survey, coupled with the proliferation of George and Sewer heirs, has contributed substantially to this lengthy litigation.
According to Lewis, the eastern point of the relevant segment of the George-Sewer line is 600 feet further north than is shown on the Berning survey. If Lewis were correct, the northern boundary of parcel 6-P would lie on the land that Berning considered part of parcel 6-O-1 and would place the site where the alleged obstruction of construction occurred within parcel 6-P.
Lewis has title to 6-P by virtue of the consent judgment in the quiet title action, and contends that he could not be a trespasser on his own land.5 Newfound claims that Berning properly located the George-Sewer line and, as a result, the trespass occurred on parcel 6-O-1.
The district court located the George-Sewer line, including the segment running along the southern border of 6-P, as shown on the Berning survey. Thereafter, the court plotted the boundaries of parcel 6-O-1, including its southern boundary, which is common to the northern boundary of 6-P. By locating the George-Sewer line, the southern boundary of parcel 6-O-1, and the southern boundaries of the other parcels comprising the former Longbay # 1, the district court, by necessary implication, located parcel 6-P (at least the disputed northern and southern boundaries) as shown on the Berning survey.
Because the effect of the district court's findings was to negate his ownership defense to trespass, Lewis desired an appeal before proceeding to a jury trial. For Newfound, whose primary goal was to develop the land, resolution of the boundary dispute would determine whether a basis for permanent injunction existed. Therefore, in an effort to save the time and expense of another trial, as well as to receive prompt appellate review of the critical boundary determination, the parties entered into the court-approved Rule 54(b) stipulation. If the certification were dispositive, we could proceed to the merits without further ado, but as we stated in National Union Fire Ins. Co. of Pittsburgh v. City Savings, F.S.B., 28 F.3d 376, 382 (3d Cir.1994), "simply because a district court certifies a matter under Rule 54(b) does not automatically result in proper appellate jurisdiction."
We agree with the district court that its findings with respect to parcel 6-P in the quiet title case are final and subject to appeal with a proper certification, even though that parcel remains to be surveyed. See 885 F.Supp. at 771-72. For all practical purposes, title to 6-P and its boundaries have been adjudicated beyond realistic variance. See Sekaquaptewa v. MacDonald, 575 F.2d 239, 242-43 (9th Cir.1978) (partition order that contemplated future proceedings, including a survey, was final nonetheless because it practically disposed of the parties' interests in the land) citing Forgay v. Conrad, 47 U.S. (6 How.) 201, 204-05, 12 L.Ed. 404 (1848). But see Calistro v. Kean, 389 F.2d 619, 620-22 (3d Cir.1968) (determination of one boundary line in boundary dispute was not final because placement of other lines could have affected the first line's location).
On the other hand, with respect to the trespass action, the court's order was not final because it disposed only of a boundary defense and did not adjudicate liability, damages or injunctive relief. In these circumstances, certification does not put the trespass case before us because the order lacks the requisite degree of finality. See generally Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976). Nevertheless, we have jurisdiction to consider whether the consolidation order prevented the district court from resolving disputes over 6-P in the quiet title suit before a jury would have addressed the same issues in the trespass action. That is an important facet of the case to which we shall turn. A challenge to the sequence of trial is fairly within the scope of the district court's order in the quiet title action which is properly before us. Accordingly, we have jurisdiction to consider Lewis' claim that a jury should have resolved the issues as to the location of parcel 6-P.6
The parties hold widely divergent views on the role of the jury in this case. Lewis never demanded or asserted a right to trial by jury in the quiet title action--he had no such entitlement. On the other hand, he at all times requested that a jury determine all the issues in the trespass action, including the boundaries of parcel 6-P.
The Seventh Amendment provides that "[i]n suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." Because the Virgin Islands is a territory, the provisions of the Bill of Rights do not apply to it except as expressly provided in the Revised Organic Act. The Revised Organic Act does incorporate the Seventh Amendment into Virgin Islands law. See 48 U.S.C. § 1561. We apply not only the text of the Amendment, but also the judicial gloss as developed over two centuries.
The word "preserved" demands a historical inquiry to determine whether the suit, if filed in the English courts before 1791, would have fallen within the jurisdiction of law or equity. Parsons v. Bedford, 28 U.S. (3 Pet.) 433, 446-47, 7 L.Ed. 732 (1830). Actions at law entitle the parties to a jury, but equitable cases do not. Whether a suit properly comes within the scope of equity has customarily depended on whether the plaintiff's remedy at law is adequate. This inquiry is the touchstone of Seventh Amendment jurisprudence. Dairy Queen v. Wood, 369 U.S. 469, 478, 82 S.Ct. 894, 900, 8 L.Ed.2d 44 (1962); Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 506-07, 79 S.Ct. 948, 954-55, 3 L.Ed.2d 988 (1959).
When confronting a statutorily-created cause of action, courts must draw analogies to traditional common law suits in determining whether the case is within the jurisdiction of law or equity. See, e.g., Tull v. United States, 481 U.S. 412, 417, 107 S.Ct. 1831, 1835, 95 L.Ed.2d 365 (1987). This litigation, however, involves the tort of trespass to land, a cause of action well-recognized in 18th-century England. As such, we do not resort to analogies, but look for guidance to the history of those early suits, particularly those seeking injunctive relief.
The generally accepted modern rule is that equity has jurisdiction to grant relief against repeated trespasses on the theory that successive legal actions for monetary damages do not provide adequate relief. See 4 J. Pomeroy, Equity Jurisprudence § 1357 (5th ed.1941). According to Pomeroy, "if repeated acts of wrong are done or threatened, although each of these acts, taken by itself, may not be destructive, and the legal remedy may therefore be adequate for each single act if it stood alone, then also the entire wrong will be prevented or stopped by injunction, on the ground of avoiding a repetition of similar actions...." Id. at 964-65 (emphasis in original); see also Archer v. Greenville Sand & Gravel Co., 233 U.S. 60, 65-66, 34 S.Ct. 567, 568-69, 58 L.Ed. 850 (1914); Donovan v. Pennsylvania Co., 199 U.S. 279, 304-05, 26 S.Ct. 91, 98-99, 50 L.Ed. 192 (1905); Pittsburg, S. & W.R. Co. v. Fiske, 123 F. 760, 761 (3d Cir.1903).
Some early nineteenth-century American judges, however, believed that equity had no jurisdiction in trespass actions because the law provided adequate remedies. See Jerome v. Ross, 7 Johns Ch. (N.Y.) 315, 336-37 (1823) (Kent, Ch.). Our research, however, does not support that conclusion. Several English courts, particularly those presided over by Chancellor Hardwicke and Lord Thurlow, granted injunctions in cases of continuing trespass. See Flamang's case, noted without citation in Hanson v. Gardiner, 7 Ves. 306, 308 (1802) (Lord Eldon); Hamilton v. Worsefold, Register's Book, A. 1786 folio 1 (Lord Thurlow), noted in Courthope v. Mapplesden, 10 Ves. 290 (1804) (Lord Eldon); Coulson v. White, 3 Atk. 21 (1743) (Hardwicke, Ch.); see generally Zechariah Chafee, Jr. and Roscoe Pound, Cases On Equitable Relief Against Torts (1933 ed.).
It is in this context that Newfound argues that its trespass action, historically sounding in equity, does not entitle Lewis to a jury trial on all issues. Lewis' claim for damages does not change that result, Newfound contends, because once the chancellor assumes jurisdiction to grant an injunction, he has the power to award monetary relief against offending parties that is " 'incidental to or intertwined with injunctive relief.' " Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, 494 U.S. 558, 571, 110 S.Ct. 1339, 1348, 108 L.Ed.2d 519 (1990), quoting Tull v. United States, 481 U.S. 412, 424, 107 S.Ct. 1831, 1839, 95 L.Ed.2d 365 (1987). However, Newfound's agreement at pretrial to try most of the trespass issues, particularly damages, to a jury makes that theory of equity jurisdiction largely irrelevant.
Lewis contends that this so-called "clean up" doctrine, giving equity the right to assess damages, is totally inapplicable. He argues that Beacon Theatres and Dairy Queen entitle him to have a jury trial in Newfound's trespass suit.
In Beacon Theatres, plaintiff requested a declaratory judgment and defendant counterclaimed for antitrust damages. The trial court ruled that certain issues common to the plaintiff's equitable claim and the defendant's counterclaim for damages be tried first to the bench. The Supreme Court reversed, reasoning that such a procedure denied defendant a trial by jury of the issues raised in the counterclaim in violation of the Seventh Amendment. 359 U.S. at 506-11, 79 S.Ct. at 954-57.
The Court reinforced the Beacon Theatres principle in Dairy Queen, by rejecting the notion that the "right to trial by jury may be lost as to legal issues where those issues are characterized as 'incidental' to equitable issues." 369 U.S. at 470, 82 S.Ct. at 896. The Court noted that "[i]t would make no difference if the equitable cause clearly outweighed the legal cause so that the basic issue of the case taken as a whole is equitable." Id. at 473 n. 8, 82 S.Ct. at 897 n. 8.
Finally, in Ross v. Bernhard, 396 U.S. 531, 90 S.Ct. 733, 24 L.Ed.2d 729 (1970), the Court summarized the holding of Beacon Theatres and Dairy Queen:
"where equitable and legal claims are joined in the same action, there is a right to jury trial on the legal claims which must not be infringed either by trying the legal issues as incidental to the equitable ones or by a court trial of a common issue existing between the claims."
Id. at 537-38, 90 S.Ct. at 738.
These cases share the common theme in the references to procedural rules. In Beacon Theatres, Rule 13 authorized assertion of the legal counterclaim. In Dairy Queen, Rule 18 permitted joinder of all claims in one complaint. Thus, if the issues related to both the legal and equitable claims can be resolved in one lawsuit, then the right to a jury trial attendant to the legal claims will prevail. A contrary rule would eviscerate the right to a jury given the preclusive effect that would flow from the rulings in a prior bench trial. Avoiding such a result was the "major premise" of Beacon Theatres. Parklane Hosiery Co. v. Shore, 439 U.S. 322, 333, 99 S.Ct. 645, 653, 58 L.Ed.2d 552 (1979); see also Amoco Oil v. Torcomian, 722 F.2d 1099, 1104 (3d Cir.1983).
At first blush, therefore, it appears that Lewis' position is supported by applicable precedent. But significant distinctions exist that dictate otherwise.
The Beacon Theatres analysis applies when the legal and equitable claims are joined either in the same complaint, Owens-Illinois, Inc. v. Lake Shore Land Co., 610 F.2d 1185, 1190 (3d Cir.1979), or in the same action through a complaint and counterclaim. Torcomian, 722 F.2d at 1104. Here, however, we are presented with consolidation of legal and equitable claims under Rule 42(a). Reevaluating equity's jurisdiction over legal issues in light of "the liberal joinder provisions of the Federal Rules which allow legal and equitable causes to be brought and resolved in one civil action," the Supreme Court in Beacon Theatres referred specifically to Rules 1, 2, and 18 in a footnote. 359 U.S. at 509 n. 14, 79 S.Ct. at 956 n. 14. Conspicuous by its absence from this list was Rule 42 ("Consolidation; Separate Trials").
Although for purposes of appellate jurisdiction a consolidation order entered under Rule 42(a) may result in a single unit of litigation, the order entered here did not create a "single case" for jury trial purposes. When interpreting the predecessor to Rule 42(a), the Supreme Court stated that "consolidation is permitted as a matter of convenience and economy in administration, but does not merge the suits into a single cause, or change the rights of the parties...." Johnson v. Manhattan Ry. Co., 289 U.S. 479, 496-97, 53 S.Ct. 721, 727-28, 77 L.Ed. 1331 (1933).
In Johnson, two suits brought by two separate groups of creditors sought a receivership of the same company. The Court held that attacks by plaintiff in the second suit on the judge and receiver in the first suit were collateral, as opposed to direct, despite the order of consolidation. Id. at 495-96, 53 S.Ct. at 727-28. Johnson remains the "authoritative" statement on the law of consolidation. 9 Wright & Miller, Federal Practice and Procedure: Civil 2d § 2382, at 430 (1995); see also Alfred Dunhill of London v. Republic of Cuba, 425 U.S. 682, 735, 96 S.Ct. 1854, 1880-81, 48 L.Ed.2d 301 (1976) (Marshall, J., dissenting); Virden, 141 F.R.D. at 178.
We followed the teachings of Johnson in Bradgate Associates v. Fellows, Read & Associates, 999 F.2d 745 (3d Cir.1993). There, the district court had consolidated two lawsuits; one originally filed in federal court and the other removed to that forum. Finding an absence of diversity, the district court remanded both cases to the state court. Id. at 748-49. We reversed and held that treating the consolidated cases as a single civil action would impermissibly enlarge the rights of one of the parties by affording it a state court trial in a case originally filed in federal court. As to that suit, dismissal was the proper disposition. By treating the actions as a single unit, the district court's order failed to respect the separate and distinct nature of the two lawsuits. Id. at 750-51.
The teachings of Johnson and Bradgate prevent Lewis' jury demand in the trespass action from extending to the quiet title portion of the case. To determine otherwise would allow the consolidation order without more to "merge the suits into a single controversy" contrary to prevailing precedent.
We are not swayed in our conclusion by two cases decided after Johnson. Both approved a jury trial on common issues arising in consolidated cases when the right was appended to only one of the actions. Neither case cited Johnson. See Blake v. Farrell Lines, Inc., 417 F.2d 264 (3d Cir.1969); United States v. Nordbrock, 941 F.2d 947 (9th Cir.1991).
In Blake, the district court ordered a jury trial where two suits had been consolidated. One case was for personal injury and the other was in admiralty seeking indemnity. Of course, the right to a jury trial did not apply to the admiralty action. The case is easily distinguishable because the personal injury suit was filed first and was a necessary predicate to the indemnity suit. There, the factual issues were interdependent and both suits were based on the same incident.
Nordbrock began with an equitable action brought by the Internal Revenue Service. After the trial, the court imposed a penalty assessment against defendant. He paid part and sued for a refund, demanding a jury trial. The cases were eventually consolidated and common issues tried to the bench. The Court of Appeals held that once the two cases were consolidated defendant became entitled to a jury trial on all issues. 941 F.2d at 949. We think Nordbrock is distinguishable on its facts and not applicable here.7
The differences between these two cases and the case before us are significant. Unlike the typical Beacon Theatres scenario where the legal and equitable claims are filed contemporaneously (or close to it) and arise out of the same incident, the complaint in the quiet title action had been filed almost four years before Newfound's trespass action. In fact, the equitable case had been pending for years before the alleged obstruction incident occurred. Moreover, most of the claims in the quiet title action had been the subject of a consent judgment entered before the trespass case was even reached for pretrial. The post-consolidation bench trial that located parcel 6-P was simply a continuation of the quiet title trial.
Had the quiet title action been tried to completion in the normal course of events, it would have resulted in a judgment clarifying the state of the titles and the location of parcel 6-P even before the trespass incident took place. Unfortunately, delays in disposition of litigation in the Virgin Islands at that time were not unusual, caused as they were by the lengthy period when the two resident judgeships went unfilled.8
Furthermore, the only overlap of relevant issues between the two suits was the location of parcel 6-P. The bench trial did not address the other elements of the alleged trespass. This situation thus contrasts with the usual Beacon Theatres scenario where substantial factual overlaps occur. Given these circumstances, we do not believe that Beacon Theatres demands that the dispute over location of parcel 6-P be tried to a jury first.
In summary, we conclude that Beacon Theatres does not apply in these consolidated cases where the equitable action was filed long before the legal one, the trial was a continuation of the equity matter, the overlap of factual matters was not extensive, and inordinate delay had prevented timely completion of the equity case. Thus, the district court did not run afoul of the Seventh Amendment by resolving the factual dispute over the location of parcel 6-P in a finding from the bench.
Lewis complains that the court erred in accepting much of Berning's testimony because Berning was not licensed in 1969 when he drafted some surveys, and because he did not follow approved survey practices.
Berning testified that he performed survey work in the Virgin Islands from 1958 through 1974 as a duly licensed engineer. He then left the Islands. Upon returning some ten years later, Berning encountered a new requirement that forced him to take an examination to obtain a surveyor's license. He successfully passed the test and was issued a license. Berning had extensive experience in surveying activity on St. John. In addition, he had prepared an aerial survey of the East End and done personal research into documents of title in Denmark. Understandably, the defendants' counsel did not challenge Berning's qualifications as an expert at trial.
Describing his surveying methods, Berning explained that when monuments or precise definitions of metes and bounds proved unhelpful, he would discuss boundaries with older residents and adjacent owners, or rely on such clues as fences or ridge lines. We are satisfied that the district court properly evaluated this procedure in appraising Berning's testimony. The fact that he had not been licensed as a surveyor by the Virgin Islands in 1969 when drafting some of the surveys he referred to does not furnish a basis for discrediting Berning's testimony on those matters.
Lewis further contends that the district court erred in failing to apply proper survey law in determining the location of various parcels. Particularly, he finds fault with the court's acceptance of Berning's survey as to the location of the George-Sewer line that borders parcel 6-P on the south.
As noted earlier, a Danish surveyor named Anderson established the line in 1893, using compass bearings and stone piles as markers. There were no pretensions that this represented a precise survey on the ground. Acreage was of little value at the time and would not have justified the expense of an accurate survey. The George and Sewer families memorialized their agreement to be bound by Anderson's survey in 1894.
In the years following, the families' interests in the land were transferred through deed and inheritance. Still, imprecise boundary lines coupled with the increasing number of descendants made accurate conveyancing an ideal rather than a reality. Another agreement, intended to identify numbered land parcels, was reached in 1913 among the defendants' ancestors. Like that reached in 1894, this agreement did not refer to any detailed survey. Lewis raises these points in attacking the Berning survey, which locates parcels with larger acreage than mentioned in the 1913 agreement.
For example, Lewis contends that Newfound is not a bona fide owner of parcel 6-O because the deed from one of its earlier owners recited acreage of 7.25, but the 1913 agreement apparently referred to the same tract as containing substantially less land. This theory is flawed, however, since the 1913 agreement never purported to rely on an accurate survey. Overall, we are not persuaded that the district judge failed to evaluate this evidence appropriately.
Lewis also contends that the district court erred in accepting the Berning survey of the George-Sewer line in preference to that of Rudolph Galiber, an expert who testified on the defendants' behalf. For his location of the line, Galiber relied on a stone pile marker on the east side of the property and on Anderson's compass bearings when placing one end of the George-Sewer line several hundred feet farther north than located by Berning.
We believe that the district court was justified in accepting Berning's location based on his greater familiarity with the area and more extensive work on the survey. Although Galiber had survey experience in various parts of the world, Berning was more familiar with the practice in St. John. He grappled with the problem of the George-sewer line at length, while Galiber spent only eight hours on the question when preparing for trial.
One can scarcely underestimate the difficulties involved in determining the state of titles and boundary locations in the absence of adequate surveys, probate proceedings, and appropriate monuments. The district court's review of the available documentary evidence and testimony was careful and painstaking. It applied appropriate legal principles and its findings are not clearly erroneous.
We will affirm the judgment of the district court. The case will be remanded to the district court for further proceedings consistent with this Opinion. The court shall entertain Newfound's request for a permanent injunction and direct prompt completion of the survey of parcels 6-P and 7-A. The court shall give full effect to the parties' waiver of claims as set out in the district court's order of October 3, 1996 and Newfound's Notice of Conditional Waiver of Damage Claims dated July 3, 1997.9
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
The colorful names given to the land date back, in part, to Danish Colonial times when the rural parts of the Virgin Islands were divided into large tracts for agricultural purposes called "Estates." Each "Estate" was given a distinctive name. Estates in close proximity to each other were grouped together and designated as "Quarters." Dudley v. Meyers, 422 F.2d 1389, 1390 (3d Cir.1970)
We have attached a rough sketch of the relevant parcels as drawn in the Berning survey
Parcels 6-O, 6-O-1 and 6-O-2 are adjacent and comprise part of a larger parcel once known as Longbay # 1
The Sewer heirs filed in our Court a motion to join as appellants, which was received by the clerk some 83 days after the Rule 54(b) order was entered. We denied the motion as untimely. Fed. R.App. P. 4(a)(1), 4(a)(3), 4(a)(5). We will deny their motion for resuscitation for the same reasons
The pre-trial ruling, which Lewis did not challenge in his brief, prevents him from asserting title to parcel 6-0-1 in defense of trespass, and he may not defend on the theory that some unrelated person actually has title. Prosser & Keeton, The Law of Torts § 13 at 77 (5th ed.1984)
We therefore need not decide whether this case is an appropriate occasion for the discretionary application of pendent appellate jurisdiction. See In re Tutu Wells Contamination Litig., 120 F.3d 368, 382 (3d Cir.1997); Hoxworth v. Blinder, Robinson & Co., 903 F.2d 186, 209 (3d Cir.1990); United States v. Spears, 859 F.2d 284, 287 (3d Cir.1988); Kershner v. Mazurkiewicz, 670 F.2d 440, 449 (3d Cir.1982) (en banc)
One commentator contends that courts should treat consolidated cases as a single, civil action for most purposes. Joan Steinman, The Effects of Case Consolidation on the Procedural Rights of Litigants: What They Are, What They Might Be; Part 1: Justiciability and Jurisdiction (Original and Appellate), 42 UCLA L.Rev. 717 (1995); Joan Steinman, The Effects of Case Consolidation on the Procedural Rights of Litigants: What They Are, What They Might Be; Part II: Non-Jurisdictional Matters, 42 UCLA L.Rev. 967 (1995). We are impressed with her efforts, particularly as applied to Rule 54(b), but believe that Johnson, Bradgate and Virden undermine the argument for creation of a single litigation unit after consolidation
Judge Almeric Christian assumed Senior status on May 15, 1988. Judge David O'Brien died on December 22, 1989. The first vacancy was not filled until June 30, 1992 when Judge Thomas Moore assumed office. The second was filled by Judge Raymond Finch on May 9, 1994
Although jurisdiction over cases of this nature now resides in the territorial court, the district court retains jurisdiction here because the suits were filed before October 1, 1991, the effective date of V.I.Code Ann. tit. 4, § 76(a) (Supp.1997). See Isidor Paiewonsky Assocs. v. Sharp Properties, 998 F.2d 145 (3d Cir.1993)


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You Can Make This Stuff Up
Posted on March 27, 2017 by touchpointpress
The Secrets of All Secrets by Douglas Wells
When I was writing The Secrets of All Secrets, there were times when I had I just completed a section that featured a comical or bizarre episode, and a phrase popped into my mind that I've heard people exclaim after relating an outlandish event: "You can't make this stuff up!" to which I replied to myself, "Yes, you can. I just did."
But let me take you back. Before writing The Secrets of All Secrets, I wrote a couple of mysteries (one was self-published) and a "literary" novel, serious, introspective, with a heroically conflicted protagonist—totally pretentious and a bit derivative of other, better writers.
I needed to find my own style. What to write, what to write? I asked myself. Just in the nick of time, before I fell into a full-blown existential crisis, before I ended up as a couple of splotches on the drop cloth of life—okay, those are exaggerations—I decided to write something humorous and satirical because everyone knows humor, satire, and irony are my bread and butter, and I'm hip as to which side of my butter is breaded. From out of the ether, I developed the beginning of a story. Zane, my central character receives a USB device by a mysterious, cloaked figure on a bridge at night. When Zane takes it home and inserts it into his laptop, an unknown entity speaks to him via writing on the screen. The entity tells Zane he has been anointed, so to speak, to seek The Secrets of All Secrets, which will confer upon him unlimited knowledge and power, the confirmation of the meaning of life itself, and we're not just talking about unveiling the mysteries of how to properly fold a fitted sheet and how to program a TV remote. Out of this nucleus, the entire story flowed.
Other characters came to life: four quirky government agents who hunt Zane and The Secrets after intimidating Zane's friend Hazim into revealing Zane's mission. Dali appeared. She has also been given a USB. She and Zane meet up in Florida and combine forces. Quarrelsome with each other at first, a romance slowly blossoms. More characters arrived: a corporate megalomaniac fond of quoting Von Clausewitz's On War and Inazo Nitobe's Bushido: The Code of the Samurai, who sends his right hand woman, Magdalene, to pursue The Secrets. She hires Speque, a hit man/tracker, to assist her. They make quite a pair. She's 6 foot 2. He's 5 foot 6; naturally, they're made for each other. Then there are brothers Jonah and Jeptha, crazy, fringe-element, anti-government separatists determined to get The Secrets in order to form a new Amerika—"Amerika with a k," as Jonah asserts. Off they all go, chasing Zane and Dali pell-mell across the state of Florida. Where the story leads from there…well, readers will have to wait until The Secrets of All Secrets is released.
Whaddya know? I had simmered up a frothy soup rich with satirical and comic possibilities. Now I knew I had discovered my genre, if you want to call it a genre, simply because I was having a blast writing this thing. A real labor of love. I believe readers will experience the same blast when reading the novel and connect with its incisive view of the cockamamie world we live in. Zane and Dali are the contemporary Everyman and Everywoman, hounded by nefarious, zealous forces.
Years ago, I read a Peanuts cartoon in which Snoopy was writing a story, and in it, he made a pun, convulsing him into guffaws. Then he said, "Leo Tolstoy would have been so jealous."
With my novel, Tolstoy being jealous is a stretch, but maybe he would have laughed when he read it.
Contact Douglas at:
Douglas Wells was born in Seattle, Washington. His father was an officer in the U.S. Army, and by the time Douglas finished high school, he had lived in Hawaii, North Carolina, Texas, Okinawa, South Carolina, Alabama, and Florida. He earned his B.A. and M.A. in English from the University of South Florida and has taught English and Literature at several colleges.
He is the author of the novel Last Boat to Sorrow Beach, which was published in 2006, and a play, Autobiographies, which was performed on the stage. He is the founder of and a workshop leader for The Gulf Coast State College Conference for Writers.
Douglas has a unique interest in and perspective on the comical and absurd foibles of the human race, which inspires his writing. The imaginative pillar of his novel, The Secrets of All Secrets, set to be released by TouchPoint Press in 2017, is built on Groucho Marx's line, "Humor is reason gone mad" and the Roman poet Juvenal's declaration that "It is difficult not to write satire."
Douglas is a Professor of English at Gulf Coast State College in Panama City, Florida. He is the father of two grown sons, and he lives with his wife and cat in Panama City Beach.
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redpajama_set_name: RedPajamaCommonCrawl


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Steven Gerrard's Groin Stays Home, and Other Tuesday Notes
By Noel Chomyn@LFCOffside Oct 4, 2011, 5:59am BST
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Steven Gerrard's groin is in the news again, Jonjo Shelvey's already made an impact on loan for his new club, and your nearest Evertonian is still pissed about Jack Rodwell's red card on Saturday. Plus we've got a bit of catching up to do, so we should probably get to it. Just watch out for abuse and improvised missiles raining down from the peanut gallery…
* Lost in the shuffle with the derby taking center stage over the weekend, not only has Jonjo Shelvey officially completed his move to Blackpool on a short-term loan, but he's already made his debut for the Seasiders and scored a goal from a free kick.
He's only there for three months to start, but if he remains a part of Ian Holloway's plans moving forward and Liverpool isn't hit by a rash of injuries in midfield, it wouldn't be surprising to see that loan extended to the end of the season. No matter how long he ends up staying there in the end, it's noteworthy that he claims to have approached Kenny Dalglish about the loan in an effort to get himself more playing time, as previously there had been rumours that both Shelvey and the still with Liverpool Danny Wilson had instead been the ones approached by the coaching staff and told to seek out new homes for the remainder of the season.
As for the goal he scored, whether one is inclined to hop on the bandwagon dubbing it a wonderstrike or if it seems more a fortuitous skip and some questionable 'keeping, it's good to see Shelvey getting off to a good start. Hopefully it leads to plenty of playing time for a young player who has himself become lost in the shuffle in recent months.
* It didn't get as much initial coverage as Martin Atkinson's erroneous red card on Saturday, but in the days since the derby the actions of some Everton supporters towards the end of the match have come in for their fair share, with the club releasing a statement (HT: Geza27) regarding the fans who threw empty bottles, coins, and bits of refuse at Luis Suarez and Craig Bellamy:
We are fully aware of the incidents which occurred during Saturday's derby game.
We are currently working with Merseyside Police on collating and analysing all available CCTV footage of the incidents.
If we can identify any supporter who threw anything—and we mean anything—on to the pitch on Saturday we will take immediate firm and far-reaching action.
Given how little their actions appeared to effect Bellamy in particular, the biggest shame might be that Everton didn't manage to work in the word "incidents" a few more times when talking about the incidents that took place. Incidents.
* For England, a draw when they visit Montenegro on Friday will be enough to guarantee a spot in next Summer's European Championships, but Liverpool fans will have been looking ahead to the game with a greater concern for Steven Gerrard and his newly recovered groin than England's prospects. And on that front, it will be a huge sigh of relief today as, after the player stated he wasn't yet fit enough to take part, Fabio Capello has this time left Liverpool's captain off the squad after a rather spotty history of dragging a half-fit Gerrard along on international duty. No word on whether Capello woke up with a bloody horse groin in his bed, but no matter the reason it's good to see him showing more caution than in the past when it comes to Gerrard's long-term fitness.
* And elsewhere in catching up with things that got lost in the shuffle of the derby over the weekend, the Anfield Wrap recently cast their gaze towards the past to make their picks for the club's five best central defenders of all time, a discussion that seems fitting with all the talk of Jamie Carragher and Liverpool's uncertain future at center back in recent weeks.
They start things off with Phil Thompson, a Red from his days on the Kop to the European Cup to coaching under Hollier, before moving on to Sami Hyypia anchoring the treble winning side before playing 57 games in a row in Europe—including Istanbul in 2005—in fourth. Who did they pick at number one? And does Jamie Carragher make it into one of the three remaining spots? No matter how long you've been following the club, it's worth the time to give it a read and find out if you haven't already.
We'll be back with more later on, but in the meantime, while you consider that even if Everton's one red card was undeserved they might well have deserved three others, try not to let it—and the prospect of another extended international break—leave you feeling too bitter…


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Sea Time by Top Yacht Design
With K-Challenge Racing the France is back on the America's Cup
Published on: 24 January 2023 Published in: Innovation
K-Challenge Racing is challenger of France now back to the America's Cup. The new challenge with the colors of the Société Nautique de Saint-Tropez joins Ineos Britannia, Luna Rossa Prada Pirelli Team, American Magic and Alinghi Red Bull Racing, bringing to five the number of Challengers in the 37th America's Cup scheduled in Barcelona in autumn 2024.(Here all our posts about America's Cup)
The K-Challlenge poster for the 2023 season with logos of the America's Cup and SailGp.
K-Challenge a new challenge for Stephane Kandler
A French team thus returns to the America's Cup and does so eight years after the participation of Groupama Team France in the Louis Vuitton Challenger Trophy which in 2017preceded the 35th America's Cup in Bermuda. The team's CEO is Stephane Kandler who is joined by French-Canadian Bruno Dubois. For Stephane Kandler, the new challenge is part of a project born in 2002 from the meeting between him, his father Ortwin Kandler and Dawn Riley, winner of the 1992 America's Cup aboard Bill Kock's America3. With that meeting, first a charter company gets under way, then a team which in 2004 becomes the K-Challenge and launches the challenge to the America's Cup in Valencia 2007. In those regattas which marked Alinghi's second victory, the K-Challenge participates (not without some controversy from the environmental movements) with the name of Areva Challenge for sponsorship of the French multinational Areva specialized in nuclear plants which had already supported the 2003 challenge: Defi Areva team. But Stephane Kandler led also the participation of the French-German team ALL4ONE in the Louis Vuitton Trophy of 2009-2010 and was part of the challenge promoted by Franck Cammas, Michel Desjoyeaux and Olivier de Kersauson at the Cup in Bermuda 2017.
Areva (ex K-Challenge) racing at the 32nd America's Cup in Valencia. ©ACM 2007/Photo: Carlo Borlenghi
Stephane Kandler is an old enthusiast. The father, Ortwin had been the owner of Krazy K-Yote Two the big boat projected by Juan Kouyoumdjian who was part of the French team at the 1999 Admiral's Cup and which, with its mast without rigging and "rotating" by backstays, caused much controversy, a protest and the decision of the Offshore Racing Congress of a new and more penalizing tonnage (which led Kandler to withdraw the boat) for a boat which, unfortunately for the opponents, had proved to be as innovative as it was exceptionally fast.
One of the few images of Krazy K-Yote Two drawn for Ortwin Kandler by Juan Kouyoumdjian.
Sail factory, oceans and circuit for the organizer Bruno Dubois
Bruno Dubois has many experiences gained in various worlds of great sailing. Starting with that as a sailor with participation in the Whitbread Race of 1989-90. He was also director of North Sails France for 20 years, team manager of the Chinese team Dongfeng at two editions of the Volvo Ocean Race (won in 2018), collaborated on the challenge of Groupama Team France and with Russell Coutts in the organization of the SailGP. For Dubois, the new role joins the manager of the Mirpuri Foundation Racing Team engaged in The Ocean Race VO65 Sprint which started on January 15 from Alicante, Spain.
Close up for Bruno Dubois as team manager of the France SailGp Team.
K-Challenge, the 13th French Sailing Assault
With K-Challenge Racing, the French yacht is attempting the assault on the Auld Mug for the 13th time but its challengers have never managed to get to The Match. Despite this, France has a special place in the history of the America's Cup. And not only for the four attempts that Baron Marcel Bich carried out between 1970 and 1980, but because his stubborn desire to participate managed to force New York Yacht Club to organize, in 1970, the first selection of challengers. What was to become the Louis Vuitton Cup. And here is another French bookmark by Bruno Troublé who, in addition to being the helmsman of France III (the first non-Bich challenge) which in 1980 reached the final of the challengers (best French result ever), was also the inventor of the Louis Vuitton Cup. An event that from 1987 to 2021 celebrated all its events, ça va sans dire, with a symbol of France: Moët & Chandon champagne.
Bruno Troublé, inside the "Bruno bouy" created to give exciting points of view to the photographers of the Louis Vuitton Cup which preceded the 32nd America's Cup in Valencia
France protagonist with innovations and great champions
But France for the America's Cup also meant the first boat practically designed only on the computer. It was French Kiss, later changed its name to France – K due to trademark and copyright issues. To impose the choice of computer design for that 1987 challenge in Fremantle, Australia, thanks to the collaboration of the computers of the design giant Dassault, a young yacht designer, Philippe Briand, who will then sign all the French challengers until 2000. Alongside the technical innovations French participation in the America's Cup also boasts a record: that of two brothers at the helm of as many boats in the same Louis Vuitton Cup. It took place in Fremantle 1987 with Marc Pajot at the helm of French Kiss and his brother Yves of Challenge France. Together, it should be remembered, they had won the silver medal at the Kiel regattas of the 1972 Olympic Games. The Pajots, as well as other coxswains of French challengers at the America's Cup, had training on dinghies and Olympic classes. We need to get to Franck Cammas, and the 2017 edition (last French participation) to have an "ocean" not only at the helm but also among the promoters of the challenge. The others were Michel Desjoyeaux and Olivier de Kersauson.
France Kiss, designed by Philippe Briand
The last assault with Franck Cammas and Groupama Team France
The Cammas-Desjoyeaux-De Kersauson trio attracted the public who had always been in France more attracted by regattas and by the world, and above all by the personalities, of ocean sailing represented by skippers who were protagonists of great feats. In the case of the 2017 challenge, however, there was someone like Franck Cammas, who at the time had in his palmares, among other things, the victory on the Route du Rhum, the transatlantic (made in France) symbol of solo sailing, the record around the world with crew (both obtained aboard multihulls) and, if that weren't enough, also the one at the Volvo Ocean Race with a monohull. Furthermore, Cammas arrived with the experience gained on the GC32, a full foil cat perfect training bench for the AC50 which was the protagonist of the 35th America's Cup. Franck Cammas and Groupama Team France did not pass to the second phase of the Round Robins, finishing with only two regattas won in qualifying for the final round of the Louis Vuitton Challenger Trophy.
Groupama Team France in the Louis Vuitton Challenger Trophy regatta in Bermuda.
From France SailGp Team the crew for K-Challenge
France is back in the race for the Auld Mug thanks however (and at least for now) to the initiative of an individual and this when there are many French companies that have focused, and a lot, on sailing. And with significant investments. Just think of the two Ultim 32-23 class foil trimarans, SVR-Lazartigue by Francois Gabart and Banque Populaire XI by Armel Le Cléac'h, launched in 2021 or the eight Imocas by French teams out of a total of nine launched in 2022. Thus in France, which has great designers (think of Marc van Petheghem and Vincent Lauriot Prévost and above all Guillaume Verdier who designed the AC50 winner in Bermuda and the AC75 winner in Auckland 2021) which is home to great skippers, leading companies in the world of design development (Dassault Systèmes joined BMW Oracle in the victory in San Francisco 2013) and of many companies that believe in sailing, it would seem that the America's Cup doesn't warm hearts very much.
France SailGp Team engaged in the third season of the 2002-2023 circuit.
Who knows if Stephane Kandler and Bruno Dubois will succeed with a team that has to make a really big race to recover against teams that have already been working for years. Not an easy task even for team manager Bruno Dubois who, however, precisely for one of his other roles, perhaps has the solution ready at least for the crew. In fact, since 2020 Dubois has been leading the France SailGp Team, successfully engaged in the SailGp circuit. From this crew with the helmsman Quentin Delapierre could come the team for the new French participation in the America's Cup.
Emilio Martinelli
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Printed from https://ideas.repec.org/p/pra/mprapa/6557.html
The Population Cycle Drives Human History - from a Eugenic Phase into a Dysgenic Phase and Eventual Collapse
Weiss, Volkmar
Volkmar Weiss
In the period before the onset of demographic transition, when fertility rates were positively associated with income levels, Malthusian pressure gave an evolutionary advantage to individuals whose characteristics were positively correlated with child quality and hence higher IQ, increasing in such a way the frequency of underlying genes in the population. As the fraction of individuals of higher quality increased, technological progress intensified. Positive feedback between technological progress and the level of education reinforced the growth process, setting the stage for an industrial revolution that facilitated an endogenous take-off from the Malthusian trap. The population density rose and with it social and political friction, especially important at the top of the social pyramid. Thus, from a certain turning point of history, the well-to-do have fewer children than the poor. Once the economic environment improves sufficiently, the evolutionary pressure weakens, and on the basis of spreading egalitarian ideology and general suffrage the quantity of people gains dominance over quality. At present, we have already reached the phase of global human capital deterioration as the necessary prerequisite for a global collapse by which the overpopulated earth will decimate a species with an average IQ, still too mediocre to understand its own evolution and steer its course.
Weiss, Volkmar, 2007. "The Population Cycle Drives Human History - from a Eugenic Phase into a Dysgenic Phase and Eventual Collapse," MPRA Paper 6557, University Library of Munich, Germany, revised 22 May 2007.
Handle: RePEc:pra:mprapa:6557
File URL: https://mpra.ub.uni-muenchen.de/6557/1/MPRA_paper_6557.pdf
File Function: original version
Paul Demeny, 2003. "Population Policy Dilemmas in Europe at the Dawn of the Twenty‐First Century," Population and Development Review, The Population Council, Inc., vol. 29(1), pages 1-28, March.
Mokyr, Joel, 2005. "The Intellectual Origins of Modern Economic Growth," The Journal of Economic History, Cambridge University Press, vol. 65(2), pages 285-351, June.
Ron W. Nielsen, 2017. "Changing the Direction of the Economic and Demographic Research," Papers 1708.08673, arXiv.org.
Weiss, Volkmar, 2009. "National IQ Means Transformed from Programme for International Student Assessment (PISA) Scores, and their Underlying Gene Frequencies," MPRA Paper 14600, University Library of Munich, Germany.
Ron W. NIELSEN, 2017. "Changing the direction of the economic and demographic research," Journal of Economics Library, KSP Journals, vol. 4(3), pages 288-309, September.
Ron W. NIELSEN, 2016. "Industrial Revolution did not Boost Economic Growth and the Growth of Population even in the United Kingdom," Journal of Economics Bibliography, KSP Journals, vol. 3(4), pages 577-589, December.
IQ; Dysgenics; Democracy; Poverty; Francis Galton; Darwinism; Fertility; Demographic transition; Human capital;
N3 - Economic History - - Labor and Consumers, Demography, Education, Health, Welfare, Income, Wealth, Religion, and Philanthropy
J1 - Labor and Demographic Economics - - Demographic Economics
O4 - Economic Development, Innovation, Technological Change, and Growth - - Economic Growth and Aggregate Productivity
NEP-EDU-2008-01-19 (Education)
NEP-EVO-2008-01-19 (Evolutionary Economics)
NEP-HRM-2008-01-19 (Human Capital & Human Resource Management)
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Maryland's leading industries by employment are health care and social assistance, state and local government, retail trade, and professional and technical services. Maryland's Gross State Product (GSP) was $295.4 billion in 2010. The Government sector produced $52.1 billion and accounted for 18 percent of Maryland's GSP in 2009. Federal government, including military and civilian, accounted for slightly more than half at just over $27 billion, while state and local government combined for nearly $25 billion. The Fort George G. Meade military installation, which includes employees of the National Security Agency, is the state's biggest employer at 44,540. The largest private sector industry is real estate with $48.4 billion, or 17 percent of economic activity. Large private employers in Maryland include Black & Decker, Legg Mason, Lockheed Martin, Marriott International, ZeniMax Media, McCormick & Company, Perdue Farms, General Motors, IBM, Northrop Grumman, and Verizon.

The state has more than 50 federal agencies and research facilities, including the National Institutes of Health, Food and Drug Administration, National Security Agency, and the National Institute of Standards and Technology. Maryland also has several universities, including the University System of Maryland and Johns Hopkins University, which receives more research dollars than any university in the country.

Maryland ranked second in the Milken Institute's State Technology and Science Index, which ranks states on their ability to foster and sustain a technology sector. In the report, Maryland was noted for its human capital investment, research and development inputs, technology, and science workforce, and technology concentration and dynamism. The state also has a high concentration of managers, professionals and college-educated residents working in knowledge jobs, and an infrastructure to support technological innovation, according to the 2010 State New Economy Index.

Organizations in Maryland received $525 million in research and development (R&D) awards from the National Institutes of Health and $11.6 billion in total R&D federal obligations, ranking first among states on a per capita basis. Maryland totaled $3.02 billion in R&D expenditures at universities and colleges in FY 2009, with federal government R&D spending at Maryland universities and colleges totaling $2.24 billion.

Workforce
Maryland's civilian labor force consistently numbers more than three million workers, with state unemployment tending to be higher in the more rural counties of the Eastern Shore and Western Maryland, as well as Baltimore City. Counties in the highly developed corridor between Baltimore and Washington, D.C., where nearly 90% of Maryland's 5.7 million residents live, typically experience the lowest unemployment rates, according to the Maryland Department of Labor, Licensing & Regulation and Maryland Department of Business and Economic Development.

Professional and technical workers in Maryland total just over a quarter of the workforce. With 270,000 information technology (IT) workers, the Baltimore-Washington region is ranked first in the concentration of IT employment, even greater than Silicon Valley or Boston. Maryland ranks first in employed PhD scientists and engineers per 100,000 employed workers, with high concentrations of workers in mathematical sciences, biological sciences, health, and physical sciences, according to the National Science Foundation.

More than 36 percent of all Marylanders age 25 and above have completed a bachelor's degree or higher, and 16.4 percent have a graduate or professional degree.

Education

Public school system
According to Quality Counts, Education Week's annual assessment of key indicators of student success, Maryland's K-12 public school system ranked first nationally for the third year in a row. Maryland scored particularly well in "Transitions and Alignment," which assesses how well states smooth the transition through the educational pipeline, including early-childhood education, college readiness, and the economy and workforce.

Maryland also ranks first nationally for the third year in a row in the percentage of 2010 public high school graduates who scored at the mastery level on Advanced Placement (AP) exams, and second in the percentage of graduating seniors who took an AP exam. Further, the state ranks first in the percentage who took an AP exam in the mathematics and science disciplines. Newsweek rates Maryland first in the nation in its 2009 Challenge Index, which identifies the most challenging public high schools in the U.S. based on enrollment in college-level courses. Maryland ranks first in both the percentage of schools that made the Newsweek list of top high schools (29.5%), and the percentage of high school students attending these schools (31.6%).

Each year, Expansion Management magazine publishes its "Education Quotient" ranking 2,800 secondary school districts nationwide. Based on this data, the magazine ranks the Washington, DC  region and Baltimore metro area first and fifth, respectively, as best public education systems for metropolitan areas with populations over one million.

Colleges and universities

Johns Hopkins University (JHU) ranks third among top research medical schools, and excels in the specialties of AIDS, drug/alcohol abuse, geriatrics, internal medicine, pediatrics, and women's health. Hopkins also performed well in both undergraduate and graduate biomedical engineering and in graduate public health, according to the 2010 Editions of U.S. News & World Report, America's Best Colleges and Best Graduate Schools. The university ranks first among U.S. colleges and universities with $610 million in total National Institutes of Health awards, including grants and contracts for research, development, training, and fellowships. The University also ranks first among academic institutions in the nation in R&D expenditures, totaling $1.86 billion in FY 2009; and first in federally funded research totaling nearly $1.6 billion.

The University of Maryland, College Park is noted for its undergraduate management information systems and supply chain management/logistics. The school's strengths include graduate business information systems; atomic/molecular/optical/physics, condensed matter and quantum physics; and aerospace engineering. The University of Maryland's Smith School of Business ranks 10th among top regional business schools in the Wall Street Journal/Harris Interactive Business School Survey.

According to a U.S. News & World Report survey, the University of Maryland Baltimore County ranks first among up-and-coming national universities, the United States Naval Academy ranks first among top public liberal arts colleges and St. Mary's College of Maryland ranks fifth among top public liberal arts colleges.

Business resources
Business resources and monetary incentives are available through Maryland's private investors, federal agencies, universities, and other state resources.

Maryland Department of Business and Economic Development (DBED)

In FY 2010, DBED provided financial assistance to 134 Maryland projects across the state, which has leveraged $780 million in capital investment and helped create 4,976 new jobs while retaining 3,161 jobs for Maryland residents. Maryland's Small Business Development Centers helped connect small businesses with 274 loans with a value of $37 million, and connected 350 small businesses with $72 million worth of procurement training from the Procurement Training Assistance Program (PTAP).

Venture capital
The Maryland State Legislature on April 11, 2011 passed InvestMaryland (HB 173), Governor O'Malley's economic development initiative to fuel venture capital investment. Coordinated in part by DBED, the fund will raise approximately $75 million in venture capital for Maryland start-up companies through a tax credit auction for qualifying insurance companies.

For the fifth year in a row, the Maryland Technology Development Corporation has been recognized by Entrepreneur Magazine as the top early-stage venture capital investor in the nation. MAVA's Investment Report 2007-2008 revealed that: In the Mid-Atlantic Region—Virginia, D.C., Maryland, Delaware—there are 224 investment firms; over those two years, 235 companies in the Mid-Atlantic region received $1.768 billion in venture capital; and software led the way among those companies, with 102 investments at $433 million (or 25 percent) of the $1.768 billion. This translates to an average over $4 million per company.

Maryland ranks ninth in the U.S. in the number of venture capital deals (67) for 2009. New Enterprise Associates, a Baltimore-based venture firm, was the most active venture investor in the nation in 2009.

Small business support
Maryland ranks second per capita and fourth overall in Small Business Innovation Research Program (SBIR) awards. Small businesses in Maryland received $102 million from the U.S. Small Business Administration in FY 2009 through the highly competitive SBIR Program.

Government policies and expenditures

Business tax structure

The state's tax policies relative to other states make Maryland competitive, according to the Tax Foundation. Maryland businesses also benefit from credits, exemptions and business loss deductions. As a result, when taking into account both the tax rate and base, Maryland is ranked as 14th best state for corporate taxes.

Among U.S. cities with populations exceeding two million, Baltimore ranks fourth for its favorable business tax structure according to a study by KPMG International. Among 41 large international cities studied, Baltimore ranks 14th overall.

Life sciences and biotechnology
In June 2008, Maryland Governor Martin O'Malley and Maryland Life Sciences Advisory Board Chair H. Thomas Watkins announced the state's BioMaryland 2020 plan, a 10-year, $1.3 billion strategic initiative. The plan featured the creation of the Maryland Biotechnology Center, $59 million over three years for Maryland's Stem Cell Research Fund, $18 million over three years for the Biotechnology Tax Credit and $9 million for nanobiotechnology research grants.

Minority business support
Maryland ranks second per capita and third overall in the Small Business Innovation Research Program (SBIR) awards, which encourages small businesses to explore its technological potential and provides the incentive to commercialize products. Small businesses in Maryland received $119 million from the U.S. Small Business Administration in FY 2010 through the SBIR Program.

Federal expenditures
Some companies in Maryland benefit from federal government expenditures. Maryland holds the following rankings in federal government expenditures when compared with other states: Second in per capita procurement of goods and services ($4,544 per Maryland resident) and fourth in total procurement of goods and services ($25.6 billion); second in per capita total expenditures, which includes procurement, salaries, wages and grants ($13,829 per Maryland resident), and 10th in total expenditures ($77.9 billion); and fifth in per capita Defense Department expenditures ($3,070 per Maryland resident), and fifth in total Defense Department expenditures ($17.3 billion).

Location
Maryland businesses have access to the Chesapeake Bay, the Atlantic Ocean, Washington, D.C. and all of the East Coast's major distribution routes.

The state's location includes overnight trucking access to approximately one-third of the U.S. population, approximately 100 million people; a deep-water, inland port that handles more than 40 million tons of cargo annually; two Class I railroads - CSX and Norfolk Southern - and five short lines; six interstate highways that link the state to every major U.S. market; and three international airports within an hour's drive. BWI Thurgood Marshall Airport handles more than 220 million pounds of air cargo a year.

Quality of life

Median income and poverty rate
Maryland has the highest median household income in the nation for 2008 at $70,545, which is 36 percent above the national median and is home to two of the top 10 counties in the nation for median household income. Among counties with a population of 20,000 or more, Howard County ranks third ($101,710) and Montgomery County 10th ($93,999).

The Washington-Baltimore-Northern Virginia Combined Statistical Area (CSA) ranks third in total Effective Buying Income, with $237 billion among combined metro areas in the U.S. The CSA ranks fourth in total retail sales ($153 billion), and is home to 8.3 million residents.

Maryland has the second lowest poverty rate in the nation for 2008, with 8.1 percent of the population living in poverty, compared with 13.2 percent for the U.S. as a whole. The state ranks fourth among the states in per capita personal income ($48,285).

Cities and towns

Bethesda, Maryland ranks second and Baltimore eighth in Forbes' ranking of "America's Most Livable Cities". The analysis is based on quality of life measures such as income, employment, cost of living and crime, for metropolitan areas with a population of 500,000 or greater. Bethesda-Gaithersburg-Frederick, Maryland, also places fourth among large metropolitan areas in a ranking of the safest places to live in the U.S. The ranking is based on crime, natural disaster risks, environmental hazards, life expectancy, job security and other factors that affect the security of an area.

Columbia/Ellicott City, Maryland has been ranked second by Money magazine among America's "Best Places to Live" for 2010. For 2009, smaller towns were ranked, and two Maryland communities, Eldersburg and Mt. Airy, placed in the top 100. Cities and towns were ranked on such quality-of-life factors as good jobs, low crime, quality schools, open space, reasonable home prices, and recreational and cultural activities.

The arts

In fiscal year 2010, 7.6 million people attended arts events in Maryland. The industry generated $1 billion in economic impact and more than 10,500 full-time equivalent jobs, according to a Maryland State Arts Council study.

A National Assembly of State Arts Agencies report found that Maryland ranked sixth in the nation in per-capita arts spending at $2.51 in 2010. Arts-related organizations include the Maryland State Arts Council, the Maryland Institute College of Art and the Baltimore Museum of Art.

Americans for the Arts named the adjacent Washington, D.C. area fourth among large cities in the number of arts-related employees per capita, and ninth in the number of arts businesses per capita in 2008.

Health and wellness
For the 20th consecutive year, Johns Hopkins Hospital ranks first in the U.S. News & World Report honor roll of best hospitals in the nation, demonstrating outstanding competence in 15 specialties. Maryland ranks second among the states in active physicians per 100,000 population, with over 23,000 doctors statewide.

According to the Gallup-Healthways Well-Being Index, Maryland ranks sixth nationally, and is the highest-ranked state in the eastern United States. The Well-Being Index is based on over 40 questions providing an overall composite based on six individual and interrelated indicators of well being, including life evaluation, emotional health, physical health, healthy behavior, work environment, and basic access.

References

External links
 Maryland Department of Business and Economic Development Portal
 ChooseMaryland.org
 Maryland Governor Martin O'Malley
 Maryland.gov
 Maryland Business License Information System
 Maryland Department of Labor, Licensing and Regulation
 Maryland Office of Tourism
 Maryland State Arts Council
 Maryland Department of Transportation
 Maryland Base Realignment and Closure
 Economic Alliance of Greater Baltimore

redpajama_set_name: RedPajamaWikipedia


This week in Dynamics 365 CRM Support, we'll look at how to add a reason to disqualify a lead in Microsoft Dynamics 365 for Sales CRM.
So let's say you're a salesperson or sales manager. You or your team have been working on a lead, but you decide it is not worthwhile to continue. You'll need to disqualify that lead in Dynamics so you and your team know it's not an active lead anymore.
In this video, I'll show you how to disqualify a lead in Dynamics 365, and how to add a reason to disqualify a lead in case the four default reasons are not enough.
1.) Go to Settings > Customization > Customize the System.
You will see the same options that we saw earlier in the video, as well as several editing options, most importantly Add, Delete, and Edit.
Note: If you delete a reason and that reason is being used in any of your records, those records will not have that status reason with them anymore.
8.) Perform any additional Add, Edit, Delete actions. You can also organize how your list of reasons will display using Move Up and Move Down. When you are done editing, click Save and Close.


Giulia is an Associate Research Scientist at the Center for Complex Networks Research(CCNR). She received her Ph.D. ("Doctor Europaeus" or European Doctorate) in Physics from the University of Bologna. Her background is in network modeling of biological information, with a focus on the characterization of network and multilayer network ensembles as null models, to identify non-random patterns in real data and quantify the information content. She is currently supervising the Foodome project to which she is contributing the Foodome Knowledge Graph and research on individual eating pattern variability.


Amani has just turned 22. Two months ago she fled from the civil war in Syria and left her house in capital Damascus. After a dangerous nightlong trip she arrived at Zaatari, the refugee camp just over the border in Jordan, where her parents and two sisters had already lived for over a year.
In Damascus she had lived together with her husband and five children in an apartment in the old city centre. Like many Syrian girls she got married when she was still a child. She had just turned 15 when she found the man of her dreams and decided to wed.
Five children later, the civil war broke out in the country she loved but whose unfair policies and corrupt government she disliked. Living in the capital where the government of President Bashar al-Assad was still in control did not make life easier for her and her family.
Her husband took up arms from the first days of the armed revolt and joined the Free Syrian Army. Soon, he became leader of one of the biggest battalions fighting the regime in Damascus.
Amani herself was also fighting with the rebels, despite the five children she had to look after.
"Women aren't as strong as men, but sometimes they are more strategic. One can't work without the other." But a deadly attack on their apartment killed her husband and four of her children.
Amani escaped and only managed to save her youngest daughter.
"When I heard the regime's air jets approaching, I hid my little daughter underneath the sink of our kitchen. She just fit in the small space next to the garbage. She was just a baby. The other kids had run to their dad to seek protection. And I, in panic and to see what was going on, ran into the street.
After the tragedy, Amani took the dangerous trip from Damascus to the refugee camp. But life in Zaatari was anything but a respite.
The camp is overpopulated. A sea of tents spans 3.3 square kilometres, accommodating 150,000 refugees – three times the number it was built for almost two years ago.
The artificial settlement in the middle of a dry desert is afflicted by sandstorms and disease. The little humanitarian aid that makes it to the camp cannot reach all the people who need it. Those who want bread, or blankets to protect themselves against the bitter cold, have to buy them from the few individuals that receive this aid for free, and then sell it illegally.
An entire underground economy has taken root in the camp. The struggle for food is fierce, and only a lucky few earn enough money to sustain a family.
Nourishing a family of ten with only three dollars a week quickly became impossible. Amani brought her younger sister, Amara, to work at the same NGO. But doubling the income was still not enough to take care of all of them.
There was only one way to get money quickly, a route that many families took before Amani did – and that was to as good as sell one of the girls. Amani sent off her younger sister Amara, 14, to some sort of marriage.
"It isn't rare in Syria to marry at the age of 16. Most Arab men are aware of this, and often come to Syria to find a young bride. These days, they come to find them at the camps, where almost everybody is desperate to leave.
Amara was married to a Saudi man that passed by their tent and asked her father for her hand. That was after he had met Amani, who had told him of the family's financial desperation and that her younger sister was still not married off. With this marriage Amani secured critical money for her family – at least for the time being.


Third party logistics (3PL) is a method of order fulfillment that involves sending inventory to an external company to prepare and ship orders for you.
3PL services can include a variety of areas in supply chain management, including inventory storage, handling, packing, postage and customer service.
Using third party fulfillment still requires you to purchase inventory and ensure accurate quantities to avoid stockouts. Fulfillment by Amazon (FBA) is a popular service that allows sellers to store and distribute products from an Amazon facility.
Avoid long-term leases. Third party logistics companies often offer flexible pricing adjusted to your needs as you grow.
Flexibility. You can delegate your work to a logistics company who can be responsible for running a warehouse and managing staff.
Lower shipping costs. A 3PL company is likely to have access to much better shipping rates than you are alone.
Focus on growth. By letting someone else take care of logistics you can focus more on growing the business.
Higher profit margins. Purchasing inventory in bulk means you can potentially have higher profit margins than simple dropshipping.
Quality can be compromised. Your company is not in full control of a business function with one of the biggest impacts on customers.
Distance. If you're far away from the 3PL warehouse then solving any quality problems with your product can prove challenging.
Cost. If you're a smaller retailer, the overall cost of using a third party logistics provider for convenience can be far higher than if you were to use self-fulfillment.
Communication. Adding a third party between you and customers can create complications when communicating.
Who is third party fulfillment best for?
Growing startups beginning to get enough orders to outgrow shipping from a small office could benefit from using a 3PL.
Small to medium sized businesses with a current revenue of around $1m-$10m and where distribution is not a core competency could also benefit.
If your retail business is at a stage of investing in a warehouse, machinery and staff, using a logistics provider to ship customer orders can save a substantial amount of money.
Who should avoid third party fulfillment?
3PL companies are less suited towards businesses with a limited cash flow or a low volume of orders. It's also likely to be too expensive if you have highly customised, one-of-a-kind pieces that require separate SKUs in designated areas of a warehouse.
Brands may also want to avoid third party fulfillment in order to maintain complete control of their messaging, reputation and unique packaging.


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A poster showing late Cuban President Fidel Castro and his brother Raul, former president and now leader...
Poster showing late Cuban President Fidel Castro and his brother Raul hangs inside a subsidised state...
A poster showing late Cuban President Fidel Castro and his brother Raul, former president and now leader of the Communist Party, and the headline reading "The thriving and victorious revolution goes on" hangs inside a subsidised state store, or "bodega", where Cubans can buy basic products with a ration book they receive annually from the government, in Havana, Cuba April 10, 2019. The other photographs show late rebel heroes Camilo Cienfuegos (C) and Ernesto "Che" Guevara. REUTERS/Fernando Medina
RC13D88679E0
Fernando Medina


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Filters: Author is Maiato, H. [Clear All Filters]
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INFINITI reveals a new Project Black S prototype in Paris, showcasing how Formula One® dual-hybrid electric powertrain technology can be deployed in a road car, as part of its plan to electrify its portfolio from 2021 onward.
This expertise is no more evident than in the high-tech design of the rear wing, validated by Renault Sport Formula One Team's aerodynamics and finished in carbon fibre. The wing has a similar aerodynamic profile to the Renault Sport Formula One Team's 'Monza' wing, which provides a relatively low level of down-force for a Formula One car around one of the faster circuits in the sport's calendar. For a development vehicle based on a homologated road car, the impact is significant. The digital modelling technology allowed for subtle changes to the shape and proportions of the wing, which now offers a fine-tuned compromise between maximum straight-line stability and high-traction under cornering.