WorldWideScience

Sample records for litigation

  1. Leukaemia litigation

    Energy Technology Data Exchange (ETDEWEB)

    Stather, John (National Radiological Protection Board, Chilton (United Kingdom))

    1993-11-01

    One case of acute lymphatic leukaemia and another of non-Hodgkin's lymphoma that occurred in the Seascale area have been the subject of recent litigation in the High Court in England. The main feature of the trial was the argument by the plaintiffs' solicitors that the diseases were primarily the result of paternal preconception irradiation resulting from exposure of the fathers at the nuclear fuel reprocessing plant operated by the defendants British Nuclear Fuels plc. Judgment in favour of the defendants was given by Mr Justice French on Friday 8 October 1993. (author).

  2. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments......Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments...

  3. Evidence Standards and Litigation

    DEFF Research Database (Denmark)

    Guerra, Alice; Luppi, Barbara; Parisi, Francesco

    In litigation models, the parties’ probability to succeed in a lawsuit hinge upon two main factors: the merits of the parties’ claims and their litigation efforts (Katz, 1988; Hirshleifer, 1989; Farmer and Pecorino, 1999). In this paper we extend this framework to consider an important procedural...

  4. Corporate Governance and Shareholder Litigation

    OpenAIRE

    Kalchev, Georgi

    2009-01-01

    The probability for shareholder litigation is studied and how corporate governance characteristics and other factors explain it. Shareholder litigation results from failure of corporate governance. Thus a better quality of corporate governance is hypothesized to decrease the litigation probability. Corporate governance index is constructed based on principal components. It is found to be a significant predictor of shareholder litigation.

  5. The Poker-Litigation Game

    OpenAIRE

    Guerra-Pujol, Enrique

    2015-01-01

    Is litigation a serious search for truth or simply a game of skill or luck? Although the process of litigation has been modeled as a Prisoner's Dilemma, as a War of Attrition, as a Game of Chicken and even as a simple coin toss, no one has formally modeled litigation as a game of poker. This paper is the first to do so. We present a simple "poker-litigation game" and find the optimal strategy for playing this game.

  6. Litigation in paediatrics

    LENUS (Irish Health Repository)

    Murphu, JFA

    2011-03-01

    on the issue. This is understandable. Most individuals are healthy during their childhood and have less need of and less interaction with medical services when compared with adults. However, Paediatric litigation does happen and furthermore it is likely to increase in parallel with other specialties. Carroll and Buddenbaum1 have described the pattern of Paediatric litigation in the US. The annual incidence of malpractice claims has been quoted to be as high as 6.6 claims per 100 Paediatricians per year. Almost 30% of Paediatricians have been sued with many being sued on more than one occasion. Of these cases 36% were settled out of court, 33% were dropped by the plaintiff with the remainder going before the judiciary. The authors point out that in the US medical malpractice is a hotly debated issue. Litigation has a questionable impact on health care quality, cost, and access to services. The AMA believes that rising premiums are resulting in the curtailment of medical care particularly in states with high medico-legal rates. The Physician Insurers Association of America (PIAA) is a trade organisation which insures 60% of all private practicing physicians and surgeons has been a useful source of data. In the 20 year period 1985-2005 among a total of 214,226 claims there were 6363 (2.9%) Paediatric claims which ranked it 10th among the 28 specialties covered. The claims arose in equal numbers from the hospital and Paediatrician’s office settings. Common reasons for Paediatric litigation were errors in diagnosis (32%), incorrect performance of a medical or surgical procedure (13%), failure to monitor or manage a case effectively (10%) and medication error (5%). The top five medico-legal conditions were meningitis, routine infant or child checks, newborn respiratory problems, appendicitis and brain-damaged infants as a co-defendant with Obstetrics. Good quality information about litigation is important because the discussion among doctors is frequently confused by

  7. Executive pay and shareholder litigation

    OpenAIRE

    Lin Peng; Ailsa Röell

    2008-01-01

    The paper examines the impact of executive compensation on private securities litigation. We find that incentive pay in the form of options increases the probability of securities class action litigation, holding constant a wide range of firm characteristics. We further document that there is abnormal upward earnings manipulation during litigation class periods and that insiders exercise more options and sell more shares during class periods, but that this activity is largely driven by pre-ex...

  8. Medical Litigation Across Specialties

    LENUS (Irish Health Repository)

    Murphy, JFA

    2013-07-01

    Medical negligence is a major cause of fear and anxiety for doctors. The threat of malpractice consists of 3 factors, the risk of a claim, the probability of a claim leading to a payment, and the size of the payment. The Clinical Indemnity Scheme (CIS) insures against indemnity payments but it cannot protect the doctor against the indirect consequences of litigation including stress, the long hours mounting a defence against the allegation, and the damage to one’s reputation. The adversarial tort system focuses on punishment, blame and compensation. The emotional anguish and potential damage to the doctor’s reputation can be considerable. Doctors subjected to malpractice suits regardless of the outcome may experience depression, anger, frustration and excessive use of alcohol

  9. Experiences in Radiation Litigation

    International Nuclear Information System (INIS)

    Jose, D.E.

    2002-01-01

    Approximately 20 years ago three events in the United States caused a significant increase in lawsuits filed by persons who claimed to have been injured from exposure to ionizing radiation. I have had some involvement in each of them. One event was the lawsuit filed by Karen Silkwood against Kerr McGee arising out of plutonium that had been found in her home. The Silkwood story became a popular movie and sensitized radiation workers to alleged injury from work related exposures. I participated in the United States Department of Justice amicus brief to the United States Supreme Court and attended that oral argument in the Supreme Court. The second event was a series of litigations filed against the United States by persons who had either been soldiers at the above ground testing of nuclear weapons (the so called a tomic soldiers ) or had been residents living downwind from the place where the bombs were exploded (the so called d ownwinders ) . I was responsible for defending many of these lawsuits as an attorney in the United States Department of Justice. The third event was the accident at Three Mile Island. Thousands of lawsuits were filed by nearby residents. After I entered private practice, I worked on those cases for some years. These three events served to stimulate an increase in cases filed because persons believe that their current illness was caused by some prior exposure to radiation. Most recently I have been defending lawsuits filed by persons who once worked at commercial nuclear power plants and now have some type of cancer. Over these 20 years I have won about 30 cases involving about 50 plaintiffs. In none of these cases was it likely that the person's cancer was caused by his radiation exposure. In fact, the plaintiff's dose was generally less than the average person's lifetime dose from diagnostic x-rays. There is a way in this mixed field of law and science to develop basic rules by which the legal system can quite easily distinguish between a

  10. Academic Advising and Potential Litigation.

    Science.gov (United States)

    Schubert, Arline F.; Schubert, George W.

    1983-01-01

    Issues in tort and contract law and recent experiences in litigation that influence the academic adviser's responsibility are outlined, including negligence, nondisclosure and misrepresentation, defamation, written and oral contracts, and the adviser as an agent of the institution. Specific areas of adviser vulnerability are noted. (MSE)

  11. Preventing Playground Injuries and Litigation.

    Science.gov (United States)

    Frost, Joe L.

    1994-01-01

    The typical American playground is antiquated, hazardous, and inappropriate for the developmental needs of children. The paper explains how design, installation, maintenance, and supervision are critical in preventing playground injuries and resulting litigation, noting the importance of regular training for everyone who supervises children on the…

  12. Electronic communication in civil litigation

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2014-01-01

    Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

  13. Administrative litigation systems in Europe

    Directory of Open Access Journals (Sweden)

    Cătălin-Silviu Săraru

    2017-06-01

    Full Text Available The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system; b States with administrative jurisdictions completely separated from the active and consultative administrations (the German system; c States with administrative jurisdictions included in the judicial system; d States with no administrative jurisdiction (English system. The administrative contentious systems analyzed have developed in line with historical evolution and legal traditions and have been continually adapted to the realities existing in each state. The manner in which the administrative contentious is regulated in a State reflects the degree of democratization of that country, the extent to which the citizen enjoys legal safeguards to defend himself against abuses by public authorities. The scientific novelty of this article is to capture the latest trends in the evolution of the administrative contentious systems analyzed. This study aims to provide an easy working tool for reforming administrative litigation on comparative law in states with young democracy. In the research we used the comparative method, the historical and the logical method.

  14. Class action litigation in correctional psychiatry.

    Science.gov (United States)

    Metzner, Jeffrey L

    2002-01-01

    Class action litigation has been instrumental in jail and prison reform during the past two decades. Correctional mental health systems have significantly benefited from such litigation. Forensic psychiatrists have been crucial in the litigation process and the subsequent evolution of correctional mental health care systems. This article summarizes information concerning basic demographics of correctional populations and costs of correctional health care and provides a brief history of such litigation. The role of psychiatric experts, with particular reference to standards of care, is described. Specifically discussed are issues relevant to suicide prevention, the prevalence of mentally ill inmates in supermax prisons, and discharge planning.

  15. 6 CFR 25.7 - Litigation management.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

  16. Teacher Fear of Litigation for Disciplinary Actions

    Science.gov (United States)

    Holben, Diane M.; Zirkel, Perry A.; Caskie, Grace I. L.

    2009-01-01

    The present study determined the extent to which teachers' fear of litigation limits their disciplinary actions, including any significant differences by period, demographic factors, and item type. Teachers' perceptions of limitations placed on their disciplinary actions do not substantiate the "paralyzing fear" of litigation that…

  17. Litigation and audit quality; two experimental studies

    NARCIS (Netherlands)

    Dijk, M. van

    1998-01-01

    This study examines the effect of litigation risk on auditors' willingness to yield to management pressure and to omit audit steps of the audit program in case of budget pressure. The results show that litigation risk has a significant impact on audit quality.

  18. Litigation as TB Rights Advocacy

    Science.gov (United States)

    2016-01-01

    Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

  19. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 3rd Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009....

  20. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 4th Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009, and the EU Brussels Regulation (recast), 2012....

  1. Radiation Litigation and Internal Dosimetry

    International Nuclear Information System (INIS)

    Jose, D.E.

    1987-01-01

    Radiation Litigation refers to those lawsuits filed by individuals who claim to have been injured by some past exposure to ionizing radiation. Law classifies these cases as personal injury or tort cases. However, they are a new breed of such cases and the law is presently struggling with whether these cases can be resolved using the traditional methods of legal analysis or whether new forms of analysis, such as probability of causation, need to be applied. There are no absolutely certain rules concerning how these particular lawsuits will be tried and analyzed. The United States presently is defending cases filed by approximately 7000 plaintiffs. The private nuclear industry is defending cases filed by over 2000 plaintiffs. While not all of these cases will actually be tried on their merits, at least some will and internal dosimetry will play a very important part in many of these trials

  2. Refractive Surgery: Malpractice Litigation Outcomes.

    Science.gov (United States)

    Custer, Benjamin L; Ballard, Steven R; Carroll, Robert B; Barnes, Scott D; Justin, Grant A

    2017-10-01

    To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. A total of 167 cases met the inclusion criteria, of which 108 cases (64.7%) were found to be favorable and 59 cases (35.3%) unfavorable to the defendant. A total of 141 cases were tried by a jury with 108 cases (76.4%) favorable and 33 cases (23.6%) unfavorable to the defendant. Laser in situ keratomileusis was performed in 127 cases (76%). The most common allegations were negligence in treatment or surgery in 127 cases (76%) and lack of informed consent in 83 cases (49.7%). For all cases, the need for future surgery (P = 0.0001) and surgery resulting in keratoconus (P = 0.05) were more likely to favor the plaintiff. In jury verdict decisions, cases in which failure to diagnose a preoperative condition was alleged favored the defendant (P = 0.03), whereas machine malfunction (P = 0.05) favored the plaintiff. After adjustment for inflation, the overall mean award was $1,287,872. Jury verdicts and settlements led to mean awards of $1,604,801 and $826,883, respectively. Malpractice litigation in refractive surgery tends to favor the defendant. However, large awards and settlements were given in cases that were favorable to the plaintiff. The need for future surgery and surgery leading to keratoconus increased the chance of an unfavorable outcome.

  3. Acts of God, human influence and litigation

    Science.gov (United States)

    Marjanac, Sophie; Patton, Lindene; Thornton, James

    2017-09-01

    Developments in attribution science are improving our ability to detect human influence on extreme weather events. By implication, the legal duties of government, business and others to manage foreseeable harms are broadening, and may lead to more climate change litigation.

  4. Malpractice litigation following spine surgery.

    Science.gov (United States)

    Daniels, Alan H; Ruttiman, Roy; Eltorai, Adam E M; DePasse, J Mason; Brea, Bielinsky A; Palumbo, Mark A

    2017-10-01

    OBJECTIVE Adverse events related to spine surgery sometimes lead to litigation. Few studies have evaluated the association between spine surgical complications and medical malpractice proceedings, outcomes, and awards. The aim of this study was to identify the most frequent causes of alleged malpractice in spine surgery and to gain insight into patient demographic and clinical characteristics associated with medical negligence litigation. METHODS A search for "spine surgery" spanning February 1988 to May 2015 was conducted utilizing the medicolegal research service VerdictSearch (ALM Media Properties, LLC). Demographic data for the plaintiff and defendant in addition to clinical data for the procedure and legal outcomes were examined. Spinal cord injury, anoxic/hypoxic brain injury, and death were classified as catastrophic complications; all other complications were classified as noncatastrophic. Both chi-square and t-tests were used to evaluate the effect of these variables on case outcomes and awards granted. RESULTS A total of 569 legal cases were examined; 335 cases were excluded due to irrelevance or insufficient information. Of the 234 cases included in this investigation, 54.2% (127 cases) resulted in a defendant ruling, 26.1% (61) in a plaintiff ruling, and 19.6% (46) in a settlement. The awards granted for plaintiff rulings ranged from $134,000 to $38,323,196 (mean $4,045,205 ± $6,804,647). Awards for settlements ranged from $125,000 to $9,000,000 (mean $1,930,278 ± $2,113,593), which was significantly less than plaintiff rulings (p = 0.022). Compared with cases without a delay in diagnosis of the complication, the cases with a diagnostic delay were more likely to result in a plaintiff verdict or settlement (42.9% vs 72.7%, p = 0.007) than a defense verdict, and were more likely to settle out of court (17.5% vs 40.9%, p = 0.008). Similarly, compared with cases without a delay in treatment of the complication, those with a therapeutic delay were more

  5. Aggresive tax planning, beps and Litigation

    Directory of Open Access Journals (Sweden)

    José María LAGO MONTERO

    2016-03-01

    Full Text Available These article thinks about aggressive tax planning and the OECD plan BEPS to fight it, Base Erosion and Profit Shifting. It is also analysed the litigation that the simultaneus application general and specific antiabuse clauses would induced in the struggle againstfiscal avoid/evasion strategies.

  6. 46 CFR 326.7 - Litigation.

    Science.gov (United States)

    2010-10-01

    ... INSURANCE UNDER AGREEMENTS WITH AGENTS § 326.7 Litigation. (a) If a court suit of a P&I nature is filed... insurance, the Agent shall immediately forward copies of the pleading and all other related legal documents... claim of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable...

  7. Analysis of Playground Injuries and Litigation.

    Science.gov (United States)

    Frost, Joe L.

    A study analyzed 82 cases of playground injuries and litigation (including 7 fatalities) in 28 states. In order of frequency, injuries happened in public schools, public parks, child care centers, apartment complexes, fast food restaurants, backyards, recreation camps, state parks, and state schools. Sixty-five percent of all injuries resulted…

  8. Financing Educational Facility Construction: Prevailing Wage Litigation.

    Science.gov (United States)

    Goldblatt, Steven M.; Wood, R. Craig

    This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

  9. An overview of Medicaid managed care litigation.

    Science.gov (United States)

    Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

    1998-11-01

    Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of

  10. Managing clinical negligence litigation and costs in the NHS.

    Science.gov (United States)

    Tingle, John

    2016-11-24

    John Tingle, Reader in Health Law, Nottingham Trent University, discusses recent Government proposals to improve NHS maternity services and make changes to litigation and patient safety investigation procedures.

  11. Open Assessment of Proofs in Litigation

    Directory of Open Access Journals (Sweden)

    Kaltrina Zekolli

    2017-01-01

    Full Text Available The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

  12. Importance of health physics records in litigation

    International Nuclear Information System (INIS)

    Forbes, J.L.

    1982-01-01

    The nuclear insurance pools, through American Nuclear Insurers (ANI) and the Mutual Atomic Energy Liability Underwriters (MAELU), have been providing the third-party liability insurance required of the nuclear industry by the Price-Anderson Act since 1957. Records of claims of radiation injury have been kept for twenty-five years, and a recent upsurge of the claim rate has been noted. An explanation for this new trend is postulated and some examples are discussed. The use of health physics records as evidence in litigation is described, and specific examples of the types of records required to defend against past and future claims are given

  13. Problems of litigation in settlement of maritime disputes for Nigeria ...

    African Journals Online (AJOL)

    This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

  14. 28 CFR 0.48 - International trade litigation.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

  15. 75 FR 65013 - Access in Litigation to Confidential Business Information

    Science.gov (United States)

    2010-10-21

    ... disclose, in response to discovery requests received in the litigation styled, Tronox Incorporated, et al... litigation function on behalf of the EPA. The DOJ has been served with discovery requests seeking, among other things, documentation supporting the proofs of claim filed by the United States of America in the...

  16. Health care litigation: the arbitration alternative for dispute resolution.

    Science.gov (United States)

    Cole, C A

    1989-01-01

    This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

  17. Chronic pain, work performance and litigation.

    Science.gov (United States)

    Blyth, Fiona M; March, Lyn M; Nicholas, Michael K; Cousins, Michael J

    2003-05-01

    The overall population impact of chronic pain on work performance has been underestimated as it has often been described in terms of work-related absence, excluding more subtle effects that chronic pain may have on the ability to work effectively. Additionally, most studies have focussed on occupational and/or patient cohorts and treatment seeking, rather than sampling from the general population. We undertook a population-based random digit dialling computer-assisted telephone survey with participants randomly selected within households in order to measure the impact of chronic pain on work performance. In addition, we measured the association between pain-related disability and litigation. The study took place in Northern Sydney Health Area, a geographically defined urban area of New South Wales, Australia, and included 484 adults aged 18 or over with chronic pain. The response rate was 73.4%. Working with pain was more common (on an average 83.8 days in 6 months) than lost work days due to pain (4.5 days) among chronic pain participants in full-time or part-time employment. When both lost work days and reduced-effectiveness work days were summed, an average of 16.4 lost work day equivalents occurred in a 6-month period, approximately three times the average number of lost work days. In multiple logistic regression modelling with pain-related disability as the dependent variable, past or present pain-related litigation had the strongest association (odds ratio (OR)=3.59, P=0.001). In conclusion, chronic pain had a larger impact on work performance than has previously been recognised, related to reduced performance while working with pain. A significant proportion were able to work effectively with pain, suggesting that complete relief of pain may not be an essential therapeutic target. Litigation (principally work-related) for chronic pain was strongly associated with higher levels of pain-related disability, even after taking into account other factors

  18. Litigation-proof patents: avoiding the most common patent mistakes

    National Research Council Canada - National Science Library

    Goldstein, Larry M

    2014-01-01

    "Litigation-Proof Patents: Avoiding the Most Common Patent Mistakes explains the principles of excellent patents, presents the ten most common errors in patents, and details a step-by-step method for avoiding these common errors...

  19. Malpractice Litigation and Nursing Home Quality of Care

    Science.gov (United States)

    Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

    2013-01-01

    Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

  20. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  1. Do fears of malpractice litigation influence teaching behaviors?

    Science.gov (United States)

    Reed, Darcy A; Windish, Donna M; Levine, Rachel B; Kravet, Steven J; Wolfe, Leah; Wright, Scott M

    2008-01-01

    Medical malpractice is prominently positioned in the consciousness of American physicians, and the perceived threat of malpractice litigation may push physicians to practice defensively and alter their teaching behaviors. The purposes of this study were to characterize the attitudes of academic medical faculty toward malpractice litigation and to identify teaching behaviors associated with fear of malpractice litigation. We surveyed 270 full-time clinically active physicians in the Department of Medicine at a large academic medical center. The survey assessed physicians' attitudes toward malpractice issues, fear of malpractice litigation, and self-reported teaching behaviors associated with concerns about litigation. Two hundred and fifteen physicians responded (80%). Faculty scored an average of 25.5 +/- 6.9 (range = 6-42, higher scores indicate greater fear) on a reliable malpractice fear scale. Younger age (Spearman's rho = 0.19, p = .02) and greater time spent in clinical activities (rho = 0.26, p Fear Scale. Faculty reported that because of the perceived prevalence of lawsuits and claims made against physicians, they spend more time writing clinical notes for patients seen by learners (74%), give learners less autonomy in patient care (44%), and limit opportunities for learners to perform clinical procedures (32%) and deliver bad news to patients (33%). Faculty with higher levels of fear on the Malpractice Fear Scale were more likely to report changing their teaching behaviors because of this perceived threat (rho = 0.38, p < .001). Physicians report changes in teaching behaviors because of concerns about malpractice litigation. Although concerns about malpractice may promote increased supervision and positive role modeling, they may also limit important educational opportunities for learners. These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be influenced by the malpractice climate.

  2. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Science.gov (United States)

    2010-10-01

    ... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

  3. 49 CFR 1103.26 - Discussion of pending litigation in the public press.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Discussion of pending litigation in the public... § 1103.26 Discussion of pending litigation in the public press. Attempts to influence the action and... unfair to the Board if the facts of pending litigation are made known to the public through the press in...

  4. 75 FR 30106 - Terrorism Risk Insurance Program; Litigation Management Submissions

    Science.gov (United States)

    2010-05-28

    ... DEPARTMENT OF THE TREASURY Terrorism Risk Insurance Program; Litigation Management Submissions... U.S.C. 3506(c)(2)(A)). Currently, the Terrorism Risk Insurance Program Office is seeking comments... or by mail (if hard copy, preferably an original and two copies) to: Terrorism Risk Insurance Program...

  5. School Finance Litigation in a Post-Rodriguez Era

    Science.gov (United States)

    Browning, R. Stephen

    1974-01-01

    Summarizes the pertinent rulings of the U.S. Supreme Court in Rodriguez, examines the impact of Rodriguez on future education reform litigation in Federal courts, discusses the potential impact that Rodriguez will have on law suits challenging tax related education inequalities, and examines the impact of the Rodriguez decision on State court…

  6. Some aspects of education litigation since 1994: Of hope, concern ...

    African Journals Online (AJOL)

    Hennie

    Their responses to our questions reflected hope, but also concern, and even despair. ... A thorough examination of litigation since 1994 may yield important and significant benefits for education ... We did not analyse cases or law critically, nor did we attempt to assess the .... advisers also have to certify bills before they go to.

  7. MMPI-2-RF Characteristics of Custody Evaluation Litigants

    Science.gov (United States)

    Archer, Elizabeth M.; Hagan, Leigh D.; Mason, Janelle; Handel, Richard; Archer, Robert P.

    2012-01-01

    The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

  8. Oral law in litigation in South Africa: An evidential nightmare ...

    African Journals Online (AJOL)

    In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law ...

  9. Litigations in Medical Practice | A O | Nigerian Journal of Family ...

    African Journals Online (AJOL)

    Litigations arising as a result of the routine practice of medicine and healthcare delivery are fairly common problems in developed nations of the world. Health personnel are human beings who are not completely infallible to acts of omission and commission with serious legal consequences. There is therefore no health ...

  10. Les litiges fonciers et la marginalisation des jeunes stimulent le ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    28 avr. 2016 ... Selon de nouvelles recherches, la violence chez les jeunes et les litiges fonciers, qui ont migré des communautés rurales aux quartiers pauvres des villes, sont les principaux vecteurs de violence et de criminalité en Côte d'Ivoire.

  11. Plagiarism Litigation Trends in the USA and Australia

    Science.gov (United States)

    Mawdsley, Ralph D.; Cumming, J. Joy

    2008-01-01

    In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

  12. Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

    Science.gov (United States)

    Brgoch, Shea; Lower, Leeann M.

    2017-01-01

    Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In…

  13. An insight into medical malpractice and litigation | Aimakhu ...

    African Journals Online (AJOL)

    Medical malpractice otherwise known as a breach of professional obligation and negligence of duty by medical practitioners has been identified as the major cause of emerging medical litigation in Nigeria. Medical personnel must be aware in their practice that patients are becoming more aware of their rights. The public ...

  14. Situating Urgenda v the Netherlands within comparative climate change litigation

    NARCIS (Netherlands)

    Roy, Suryapratim; Woerdman, Edwin

    2016-01-01

    This article situates the judgement of The Hague District Court in Urgenda Foundation v the Kingdom of the Netherlands within the life of global climate change litigation. To do so, the paper concentrates on the legal particulars of Dutch law, elements of ‘diffused’ jurisprudence from other

  15. Litigations and the Obstetrician in Clinical Practice | Adinma | Annals ...

    African Journals Online (AJOL)

    Litigation in obstetrics can be prevented through the Obstetrician's mindfulness of its possibility; acquainting themselves of the medical laws and guidelines related to their practice; ensuring adequate communication with, and consent of patients during treatment together with proper and correct documentation of cases.

  16. Educational Adequacy Litigation in the American South: 1973-2009

    Science.gov (United States)

    Dishman, Mike; Redish, Traci

    2010-01-01

    Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

  17. Performance evaluation of court in construction claims settlement of litigation

    Science.gov (United States)

    Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

    2017-06-01

    Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

  18. 48 CFR 352.233-71 - Litigation and claims.

    Science.gov (United States)

    2010-10-01

    ... the action in good faith. The Government shall not be liable for the expense of defending any action... compensated by insurance which was required by law or regulation or by written direction of the Contracting... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 352.233-71 Litigation...

  19. Analysis of Factors Associated With Rhytidectomy Malpractice Litigation Cases.

    Science.gov (United States)

    Kandinov, Aron; Mutchnick, Sean; Nangia, Vaibhuv; Svider, Peter F; Zuliani, Giancarlo F; Shkoukani, Mahdi A; Carron, Michael A

    2017-07-01

    This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. To comprehensively evaluate rhytidectomy malpractice litigation. Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database. Use of medical malpractice in conjunction with several terms for rhytidectomy, to account for the various procedure names associated with the procedure, yielded 155 court cases. Duplicate and nonrelevant cases were removed, and 89 cases were included in the analysis and reviewed for outcomes, defendant specialty, payments, and other allegations raised in proceedings. Data were collected from November 21, 2015, to December 25, 2015. Data analysis took place from December 25, 2015, to January 20, 2016. A total of 89 cases met our inclusion criteria. Most plaintiffs were female (81 of 88 with known sex [92%]), and patient age ranged from 40 to 76 years (median age, 56 years). Fifty-three (60%) were resolved in the defendant's favor, while the remaining 36 cases (40%) were resolved with either a settlement or a plaintiff verdict payment. The mean payment was $1.4 million. A greater proportion of cases involving plastic surgeon defendants were resolved with payment compared with cases involving defendants with ear, nose, and throat specialty (15 [36%] vs 4 [24%]). The most common allegations raised in litigation were intraoperative negligence (61 [69%]), poor cosmesis or disfigurement (57 [64%]), inadequate informed consent (30 [34%]), additional procedures required (14 [16%]), postoperative negligence (12 [14%]), and facial nerve injury (10 [11%]). Six cases (7%) involved alleged negligence surrounding a "lifestyle-lift" procedure, which tightens or oversews the superficial muscular aponeurosis system layer. In this study, although most cases of

  20. Testing the Immunity of the Firearm Industry to Tort Litigation.

    Science.gov (United States)

    Studdert, David M; Donohue, John J; Mello, Michelle M

    2017-01-01

    In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

  1. Drospirenone Litigation: Does the Punishment Fit the Crime?

    Science.gov (United States)

    Batur, Pelin; Casey, Petra M

    2017-02-01

    There has been much controversy in the scientific literature and lay press about the potential for increased relative risks (RRs) of venous thromboembolism associated with certain contraceptives over others. This commentary reviews the conflicting data on drospirenone's relative venous and arterial risks and summarizes the details of over two billion dollars in litigation surrounding the use of these products. The current legal environment supports litigation focused on small potential RRs, associated with even smaller absolute risks. The absolute risks of venous and arterial thrombotic events in drospirenone users are low and comparable to that of other combined hormonal contraceptives. Women should have access to a wide array of contraceptive choices, including those containing drospirenone.

  2. [Litigation and the right to health in Argentina].

    Science.gov (United States)

    Gotlieb, Verónica; Yavich, Natalia; Báscolo, Ernesto

    2016-01-01

    This article explores the characteristics of lawsuits for obtaining access to healthcare through the Argentine Supreme Court and reflects on the potential to influence health rights and equity in a context of growing litigation. An analysis of documents from 125 lawsuits with verdicts issued from 1994 to 2013 showed a majority of individual claims (88% of claimants were individual physical persons), and of claimants covered by social security or private insurance (64%) with typical private legal counsel (87% claiming coverage of a medical service). 75% of the verdicts simply ordered the provision of the claimed health services, without highlighting failures in the healthcare system or mandating measures to promote equity and guarantee the right to health for other persons subject to the same situation as the claimant. Thus far, litigation in health has failed to actively promote either health equity, the right to health, or inter-institutional dialogue.

  3. Litigation and the Timing of Settlement: Evidence from Commercial Disputes

    OpenAIRE

    Peter Grajzl; Katarina Zajc

    2015-01-01

    Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

  4. Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

    OpenAIRE

    Harleen Kaur; Sandra van der Laan

    2013-01-01

    Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the ...

  5. Higher value in litigation for nuclear power plant proceedings

    International Nuclear Information System (INIS)

    Anon.

    1976-01-01

    The administrative court of Bavaria has rejected in its ruling of 19th August 1976 - No. 117 VI 76 - an appeal against the fixing of the value in litigation according to the judgment of the administrative court in Wuerzburg of 10th March 1976, and it has confirmed DM 20,000 as the disputed sum. The essential points of the grounds upon which the rejection is based are presented. (orig./HP) [de

  6. Litigation and new technologies in post-conventional societies

    OpenAIRE

    Bannwart Junior, Clodomiro José; Oléa, Carlos Frederico

    2012-01-01

    The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a faster resolution of the demands. However, the intense insertion of technical rationalization in the process and decision operations by the judiciary, during the last years, led to a legalization supported by presuppositions of technical-instrumental regulation. According to the g...

  7. Litigants in Person in Private Family Law Cases

    OpenAIRE

    Trinder, L.; Hunter, R.; Hitchings, E.; Miles, J.; Smith, L.; Moorhead, R.; Sefton, M.; Hinchly, V.; Pearce, J.; Bader, K.

    2014-01-01

    This study was designed to develop the evidence base on litigants in person in private family law cases, including their behavioural drivers, experiences and support needs, and impact on the court prior to the implementation of legal aid reforms in April 2013. Fieldwork was conducted between January and March 2013. The study delivered primarily qualitative evidence. The researchers sampled 151 private law family cases where a hearing was observed, the court file examined and parties and p...

  8. Cerebral palsy litigation: change course or abandon ship.

    Science.gov (United States)

    Sartwelle, Thomas P; Johnston, James C

    2015-06-01

    The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds' labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule-the Daubert doctrine that excludes "junk science" from the courtroom-as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring's 40-year masquerade as science. © The Author(s) 2014.

  9. The significance of radiological control documentation in litigation

    International Nuclear Information System (INIS)

    Lodde, G.M.; Murphy, T.D.

    1988-01-01

    Commercial nuclear facilities accumulate radiological control program data and documents generated and retained pursuant to regulatory, license, and technical specification requirements. During and following the Three Mile Island Unit 2 (TMI-2) accident, many documents were produced that would not normally have been produced. Shortly after the accident, the US Nuclear Regulatory Commission (NRC) issued an order requiring the retention of all data, including documentary material and physical samples relating to the TMI-2 accident (44 Fed. Reg. 30788, May 29, 1979). Three years later, the NRC vacated the requirement to retain catalogued physical samples, provided the radioactivity data had been properly recorded, allowing disposal of many samples. After the TMI-2 accident, GPU Nuclear Corporation (GPU) designed and implemented an effective and efficient record management program for TMI. This Computer-Assisted Records and Information Retrieval System (CARIRS) was developed to assess the official record for TMI, which is maintained as a microform. GPU also retains hard copies of selected radiological control documents for potential litigation. This paper describes the use of radiological control documentation in the postaccident litigation and the magnitude of document production required to support that litigation

  10. Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.

    Science.gov (United States)

    Wingate, Peter H; Thornton, George C; McIntyre, Kelly S; Frame, Jennifer H

    2003-02-01

    The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.

  11. Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes.

    Science.gov (United States)

    Justin, Grant A; Brietzke, Scott E

    2017-01-01

      This study examined malpractice claims related to cleft lip and cleft palate surgery to identify common allegations and injuries and reviewed financial outcomes.   The WestlawNext legal database was analyzed for all malpractice lawsuits and settlements related to the surgical repair of cleft lip and palate.   Inclusion criteria included patients undergoing surgical repair of a primary cleft lip or palate or revision for complications of previous surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes.   A total of 36 cases were identified, with 12 unique cases from 1981 to 2006 meeting the inclusion criteria. Six cases (50%) were decided by a jury and six by settlement. Five cases involved complications related to the specific surgery, and the other seven were associated with any surgery and perioperative care of children and adults. Cleft palate repair (50%) was the most frequently litigated surgery. Postoperative negligent supervision was the most common allegation (42%) and resulted in a payout in each case (mean = $3,126,032). Death (42%) and brain injury (25%) were the most frequent injuries reported. Financial awards were made in nine cases (after adjusting for inflation, mean = $2,470,552, range = $0 to $7,704,585). The awards were significantly larger for brain injury than other outcomes ($4,675,395 versus $1,368,131 after adjusting for inflation, P = .0101).   Malpractice litigation regarding cleft lip and palate surgery is uncommon. However, significant financial awards involving perioperative brain injury have been reported.

  12. Whistleblower litigation: A potential explosion in the nuclear industry

    International Nuclear Information System (INIS)

    Kowitt, A.J.; Panich, D.

    1990-01-01

    This article examines the protection offered nuclear employees and the limits of a nuclear employer's liability under section 210 of the Energy Reorganization Act. The author's warn that review by the US Supreme Court is not necessary but could only serve to expose the nuclear industry to an onslaught of litigation resulting from the assertion by an employee subjected to an adverse employment decision that the employee was engaged in a protected activity and as a result has a right to protection from retaliation by the employer

  13. Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

    DEFF Research Database (Denmark)

    Grembi, Veronica; Garoupaa, Nuno

    2013-01-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

  14. Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

  15. The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

    Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

  16. After Halliburton: Event Studies and Their Role in Federal Securities Fraud Litigation

    NARCIS (Netherlands)

    J.E. Fisch (Jill); J.B. Gelbach (Jonah); J.M. Klick (Jonathan)

    2016-01-01

    markdownabstractEvent studies have become increasingly important in securities fraud litigation after the Supreme Court’s decision in Halliburton II. Litigants have used event study methodology, which empirically analyzes the relationship between the disclosure of corporate information and the

  17. Poor Agreement Among Expert Witnesses in Bile Duct Injury Malpractice Litigation An Expert Panel Survey

    NARCIS (Netherlands)

    de Reuver, Philip R.; Dijkgraaf, Marcel G. W.; Gevers, Sjef K. M.; Gouma, Dirk J.

    2008-01-01

    Objective: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. Background Data: Malpractice litigation is an increasing concern in modem surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

  18. Poor agreement among expert witnesses in bile duct injury malpractice litigation: an expert panel survey.

    NARCIS (Netherlands)

    Reuver, P.R. de; Dijkgraaf, M.G.; Gevers, S.K.; Gouma, D.J.; Bleichrodt, R.P.; Cuesta, M.A.; Erp, W.F. van; Gerritsen, J.; Hesselink, E.J.; Laarhoven, C.J.H.M. van; Lange, J. de; Obertop, H.; Stassen, L.P.; Terpstra, O.T.; Tilanus, H.W.; Vroonhoven, T.J.; Wit, L. de

    2008-01-01

    OBJECTIVE: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. BACKGROUND DATA: Malpractice litigation is an increasing concern in modern surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

  19. Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

    Science.gov (United States)

    Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

    2015-01-01

    This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

  20. 48 CFR 952.231-71 - Insurance-litigation and claims.

    Science.gov (United States)

    2010-10-01

    ... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

  1. 48 CFR 970.5228-1 - Insurance-litigation and claims.

    Science.gov (United States)

    2010-10-01

    ... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

  2. ORGANIZATIONAL LEARNING IN RARE EVENTS: THE CASE OF LEARNING TO LITIGATE INTELLECTUAL PROPERTY (IP)

    DEFF Research Database (Denmark)

    Andersen, Kristina Vaarst; Beukel, Karin; Tyler, Beverly

    This study proposes that firms can learn from previous litigations, despite litigation being a rare event. Firms learn because the verdicts are unambiguous and provide detailed and precise feedback on the linkages between argumentation, evidence and the outcome. Furthermore, firms’ successful app...

  3. Litigation as TB Rights Advocacy: A New Delhi Case Study.

    Science.gov (United States)

    McBroom, Kerry

    2016-06-01

    One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies.

  4. FACING UP TO MULTINATIONALCOMPLEX LITIGATION IN THE UNITED STATES

    Directory of Open Access Journals (Sweden)

    Ángel R. Oquendo

    2017-05-01

    Full Text Available A federal court should approach the presence of foreigners in a global class action for monetary relief with an openmind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in theirnation of origin would uphold the ultimate ruling. For example, Latin American absent class members should normally stay on board inasmuchas virtually every jurisdictionin their regionwould allow a U.S. adjudicator to arrive at this conclusion.Accordingly, they would fail, on grounds of res judicata, if they ever tried to re-litigate the matter back home upon a defeat on the merits in the United States. In particular, a tribunal from any one of seven representative regional countries (Mexico, Brazil, Venezuela, Colombia, Panama, Peru, and Ecuador wouldmost probably find such a U.S.judgment consistent with local due process, as well as with the remaining requirements for recognition.In other words, it would hold thatabsentees stemming from its jurisdictional territory could not legitimately complain about the preclusive effect since they would have free ridden on the efforts of their representatives with a chance at compensation, would have benefited from numerous fairness controls, and could have similarly faced preclusion in their homeland based on a suit prosecuted by someone else without their authorization. Judges in the United States should engage in a similar in-depth deliberation to decide whether to welcomecitizens from anywhere else in the world to the litigation.

  5. Conservative litigation against sexual and reproductive health policies in Argentina.

    Science.gov (United States)

    Peñas Defago, María Angélica; Morán Faúndes, José Manuel

    2014-11-01

    In Argentina, campaigns for the recognition of sexual and reproductive rights have sparked opposition through litigation in which the dynamics of legal action have come from self-proclaimed "pro-life" NGOs, particularly since 1998, when the conservative NGO Portal de Belén successfully achieved the banning of emergency contraception through the courts. The activities of these groups, acting as a "civil arm" of religion, are focused primarily on obstructing access to legally permissible abortions and bringing about the withdrawal of a number of recognized public policies on sexual and reproductive health, particularly the 2002 National Programme for Sexual Health and Responsible Procreation. This paper analyzes the litigation strategies of these conservative NGOs and how their use of the courts in Argentina has changed over the years. It gives examples of efforts in local courts to block individual young women from accessing legal abortion following rape, despite a ruling by the National Supreme Court of Justice in 2012 that no judicial permission is required. In spite of major advances, the renewed influence of the Catholic hierarchy in the Argentine political scene with the accession of the new Pope poses challenges to the work by feminists and women's movements to extend and consolidate sexual and reproductive rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  6. Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

    Directory of Open Access Journals (Sweden)

    Harleen Kaur

    2013-12-01

    Full Text Available Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the implications for the auditing profession of a case that involved auditors seeking such representation letters. The case involves litigation between theWestpac Banking Corporation and 789TEN Pty Ltd. While theWestpac case confirmed the legal position of the auditor in their task of collecting evidence in order to form an opinion in Australia, it highlights a significant anomaly under the law and should place the issue of solicitor’s representation letters as audit evidence firmly on the agenda of policymakers. This issue of the compromise of legal privilege during the conduct of an audit is also not confined to Australia: other common law jurisdictions, such as the UK and the US, have also sought to clarify the position of auditors when issues of the integrity of legal privacy privilege arise.

  7. Incorporating Environmental Regulation and Litigation in Earth Science Curriculum

    Science.gov (United States)

    Flegal, A. R.

    2004-12-01

    Fundamental knowledge of geological processes is not only needed for effective environmental regulation and litigation, but Earth Science students find that relevance motivating in their studies of those processes. Crustal abundance and redox reactions suddenly become personally meaningful when they are used to account for the presence of high levels of carcinogenic Cr(VI) in the students' drinking water. Similarly, epithermal mercury deposits and the element's speciation gain new importance when they are related to the warning signs on the consumption of fish that the students catch and eat. And even those students that are not motivated by these, and many other, applications of geology find solace in learning that anthropogenic perturbations of the global lead cycle may partially account for their short attention span, lack of interest, and inability to learn the material. Consequently, a number of courses in environmental toxicology and ground water contamination have been developed that are based on (1) case studies in environmental regulation and litigation and (2) active student participation as "expert witnesses" opining on the scientific basis of environmental decisions.

  8. Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.

    Science.gov (United States)

    Zahniser, Keith A

    2015-02-01

    Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become "secret histories" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as "secret" as feared.

  9. 28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

    Science.gov (United States)

    2010-07-01

    ... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

  10. Audit of litigation against the accident and emergency radiology department.

    Science.gov (United States)

    Cantoni, S; De Stefano, F; Mari, A; Savaia, F; Rosso, R; Derchi, L

    2009-09-01

    The aims of this study were to reduce and monitor litigation due to failure to diagnose a fracture, to evaluate whether the cases were due to radiological error or other problems in the diagnostic and therapeutic management of patients and to identify organisational, technical or functional changes or guidelines to improve the management of patients with suspected fracture and their expectations. We analysed the litigation database for the period 2004-2006 and extracted all episodes indicating failure to diagnose a fracture at the accident and emergency radiology department of our centre. The radiographs underwent blinded review by two experts, and each case was jointly analysed by a radiologist and a forensic physician to see what led to the compensation claim. We identified 22 events (2004 seven cases; 2005 eight cases; 2006 seven cases). Six cases were unrelated to radiological error. Six were due to imperceptible fractures at the time of the examination. These were accounted for by the presence of a major lesion distracting the examiner's attention from a less important associated lesion in one case, a false negative result in a patient examined on a incompletely radiolucent spinal board and underexposure of the coccyx region in an obese patient. Six cases were related to an interpretation error by the radiologist. In the remaining cases, the lesion being referred to in the compensation claim could either not be established or the case was closed by the insurance company without compensation. Corrective measures were adopted. These included planning the purchase of a higher performance device, drawing up a protocol for imaging patients on spinal boards, reminding radiologists of the need to carefully scrutinise the entire radiogram even after having identified a lesion, and producing an information sheet explaining to patients the possibility of false negative results in cases of imperceptible lesions and inviting them to return to the department if symptoms

  11. MEDICINAL CANNABIS LAW REFORM: LESSONS FROM CANADIAN LITIGATION.

    Science.gov (United States)

    Freckelton, Ian

    2015-06-01

    This editorial reviews medicinal cannabis litigation in Canada's superior courts between 1998 and 2015. It reflects upon the outcomes of the decisions and the reasoning within them. It identifies the issues that have driven Canada's jurisprudence in relation to access to medicinal cannabis, particularly insofar as it has engaged patients' rights to liberty and security of the person. It argues that the sequence of medicinal schemes adopted and refined in Canada provides constructive guidance for countries such as Australia which are contemplating introduction of medicinal cannabis as a therapeutic option in compassionate circumstances for patients. In particular, it contends that Canada's experience suggests that strategies calculated to introduce such schemes in a gradualist way, enabling informed involvement by medical practitioners and pharmacists, and that provide for safe and inexpensive accessibility to forms of medicinal cannabis that are clearly distinguished from recreational use and unlikely to be diverted criminally maximise the chances of such schemes being accepted by key stakeholders.

  12. Malodorous consequences: what comprises negligence in anosmia litigation?

    Science.gov (United States)

    Svider, Peter F; Mauro, Andrew C; Eloy, Jean Anderson; Setzen, Michael; Carron, Michael A; Folbe, Adam J

    2014-03-01

    Our objectives were to evaluate factors raised in malpractice litigation in which plaintiffs alleged that physician negligence led to olfactory dysfunction. We analyzed publically available federal and court records using Westlaw, a widely used computerized legal database. Pertinent jury verdicts and settlements were comprehensively examined for alleged causes of malpractice (including procedures for iatrogenic causes), defendant specialty, patient demographics, and other factors raised in legal proceedings. Of 25 malpractice proceedings meeting inclusion criteria, 60.0% were resolved for the defendant, 12.0% were settled, and 28.0% had jury-awarded damages. Median payments were significant ($300,000 and $412,500 for settlements and awards, respectively). Otolaryngologists were the most frequently named defendants (68.0%), with the majority of iatrogenic cases (55.0%) related to rhinologic procedures. Associated medical events accompanying anosmia included dysgeusia, cerebrospinal fluid leaks, and meningitis. Other alleged factors included requiring additional surgery (80.0%), unnecessary procedures (47.4% of iatrogenic procedural cases), untimely diagnosis leading to anosmia (44.0%), inadequate informed consent (35.0%), dysgeusia (56.0%), and psychological sequelae (24.0%). Olfactory dysfunction can adversely affect quality of life and thus is a potential area for malpractice litigation. This is particularly true for iatrogenic causes of anosmia, especially following rhinologic procedures. Settlements and damages awarded were considerable, making an understanding of factors detailed in this analysis of paramount importance for the practicing otolaryngologist. This analysis reinforces the importance of explicitly including anosmia in a comprehensive informed consent process for any rhinologic procedure. © 2013 ARS-AAOA, LLC.

  13. Public litigation and the concept of “deference” in judicial review ...

    African Journals Online (AJOL)

    All persons to whom and organs of state to which a court order or decision applies ... Litigants seek to enforce constitutional principles and values that affect others ... a threat to constitutional principles and values enshrined in the Constitution.

  14. The effect of threat of litigation on forensic pathologist diagnostic decision making.

    Science.gov (United States)

    Oliver, William Russell

    2011-12-01

    Recent litigation involving medical examiners has caused concern over certifying deaths. We administered a survey of 716 medical examiners regarding the effects of the threat of litigation. Two hundred twenty-two medical examiners responded (31%). Of those who responded, approximately 13.5% admitted to having modified their diagnostic findings due to threat of litigation, and approximately 32.5% stated these considerations would affect their decisions in the future. Physicians who indicated they had or would modify their diagnoses expressed more concern over the possibility of litigation. Chiefs of services were less likely than staff members to indicate changing diagnoses. Practitioners whose jurisdictions included rural areas were significantly more likely to indicate that litigation considerations would affect their diagnoses in the future, although this was not true with those who had already modified their diagnoses. No correlation was found with elected versus appointed positions, accreditation status, sex, race, geographic location, or board certification. Although very few medical examiners have actually been sued because of their diagnoses, a demonstrated threat of litigation has a substantial effect on diagnostic decision making.

  15. Firing without fear. Heading off litigation in employee terminations.

    Science.gov (United States)

    Elliott, C L; Kaiser, G

    1989-03-01

    Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.

  16. The Australian litigation landscape - oral and maxillofacial surgery and general dentistry (oral surgery procedures): an analysis of litigation cases.

    Science.gov (United States)

    Badenoch-Jones, E K; White, B P; Lynham, A J

    2016-09-01

    There are persistent concerns about litigation in the dental and medical professions. These concerns arise in a setting where general dentists are more frequently undertaking a wider range of oral surgery procedures, potentially increasing legal risk. Judicial cases dealing with medical negligence in the fields of general dentistry (oral surgery procedure) and oral and maxillofacial surgery were located using the three main legal databases. Relevant cases were analysed to determine the procedures involved, the patients' claims of injury, findings of negligence and damages awarded. A thematic analysis of the cases was undertaken to determine trends. Fifteen cases over a 20-year period were located across almost all Australian jurisdictions (eight cases involved general dentists; seven cases involved oral and maxillofacial surgeons). Eleven of the 15 cases involved determinations of whether or not the practitioner had failed in their duty of care; negligence was found in six cases. Eleven of the 15 cases related to molar extractions (eight specifically to third molar). Dental and medical practitioners wanting to manage legal risk should have regard to circumstances arising in judicial cases. Adequate warning of risks is critical, as is offering referral in appropriate cases. Preoperative radiographs, good medical records and processes to ensure appropriate follow-up are also important. © 2015 Australian Dental Association.

  17. Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act

    OpenAIRE

    Simon Deakin; Sarah Fraser Butlin; Colm McLaughlin; Aleksandra Polanska

    2015-01-01

    We present a socio-legal case study of the recent equal pay litigation wave in Britain, which saw an unprecedented increase in the number of claims, triggered in part by the entry of no-win, no-fee law firms into this part of the legal services market. Although the rise in litigation led to greater adversarialism in pay bargaining, litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda. Litigation may be a more potent agent for socia...

  18. Considering strategic litigation as an advocacy tool: a case study of the defence of reproductive rights in Colombia.

    Science.gov (United States)

    Roa, Mónica; Klugman, Barbara

    2014-11-01

    Women's Link Worldwide developed a test to determine when an environment is conducive to social change through strategic litigation. We first present our understanding of strategic litigation, and then discuss four conditions for successful and sustainable change using strategic litigation: (1) an existing rights framework; (2) an independent and knowledgeable judiciary; (3) civil society organizations with the capacity to frame social problems as rights violations and to litigate; and (4) a network able to support and leverage the opportunities presented by litigation. Next, we present examples from our work in Colombia that show how analysis of these conditions informed our litigation strategy when confronting a powerful public official who opposes reproductive rights. Two litigation strategies were adopted. The first case was not successful in the courts, but allowed us to introduce our message and build support amongst civil society. The second case built on this momentum and resulted in a victory. Strategic litigation is a powerful tool to advance rights as well as hold governments accountable and ensure compliance with human rights obligations. The strategies developed can be adapted for use in other contexts. We hope they inspire others to protect and promote reproductive rights through strategic litigation when women cannot fully enjoy their rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  19. Analysis of Surgical Outcomes and Determinants of Litigation Among Women With Transvaginal Mesh Complications.

    Science.gov (United States)

    Zoorob, Dani; Karram, Mickey; Stecher, Anna; Maxwell, Rose; Whiteside, James

    To identify litigation predictors among women with complications of transvaginal mesh. Chart review and patient survey were conducted among women who had undergone a complication-related explant of a transvaginal prolapse or incontinence sling mesh. Trained study personnel administered a 57-question survey addressing subjective complaints related to bowel, bladder, sexual dysfunction, and development of pain or recurrent prolapse. These data were analyzed with respect to the subject's reported pursuit of litigation related to the mesh complication. Categorical and continuous variables were analyzed using the χ test and the t test as indicated. Ninety-five (68%) of 139 women completed the surveys with 60% of the patients pursuing litigation at the time of the survey. Individual risk factors for pursuing litigation included development of vaginal pain after mesh placement (P = 0.01); dyspareunia after mesh placement (P = 0.01); persistence of dyspareunia, suprapubic pain, and groin pain after mesh excision (P = 0.04, P = 0.02, and P = 0.001, respectively); unsuccessful attempts at conservative management of pelvic pain using pelvic floor rehabilitation (P = 0.002). There is an association between a higher likelihood of pursuing litigation and new-onset or persistent pain symptoms attributable to transvaginal mesh.

  20. Some aspects of education litigation since 1994: Of hope, concern and despair

    Directory of Open Access Journals (Sweden)

    Johan Beckmann

    2015-02-01

    Full Text Available In this article we report on qualitative research in which we probed the opinions and views of a purposive sample of high-profile and influential role players in education about aspects of education litigation in South Africa since 1994. This year marked the transition to a democratic government in South Africa, and resulted in a new education system, which has led to a great deal of litigation, as was to be expected. Our participants were personally involved in litigation in various capacities. Their responses to our questions reflected hope, but also concern, and even despair. In their opinions almost all of the disputes were between the state and its citizens, and that the state lost virtually all cases. State officials often ignored legal advice and acted on "imagined powers", causing embarrassment to the state where they seemed insensitive to the needs of the people, and sometimes deliberately transgressed prescripts and provisions, abandoning its mandate to children and the country more broadly. There is extreme concern about the tendency of officials to ignore court orders. No lessons seem to have been learned from judgments and infractions of the same kind occur repeatedly - even if litigation seems to have consumed between 4-6% of the education budget. There was surprise that cases dealt almost exclusively with disputes about stake-holders' powers, and that few human rights and social issues have been litigated. Furthermore, individual officials that seemed to suffer no consequences from their unlawful actions and showed an apparent lack of professionalism to acquaint themselves with the legal prescripts that govern their professional work, caused concern for our respondents, as did the destructive role that unions and politicians seemed to play in education. However, litigation has nonetheless led to the clarification of some issues.

  1. 75 FR 1751 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-01-13

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  2. 75 FR 13076 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-03-18

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Department of Justice's actions in the New Black Panther Party Litigation and enforcement of Section 11(b) of...

  3. 75 FR 7441 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-02-19

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

  4. Assessing the Role of the Courts in Addressing the Educational Problems Caused by Racial Isolation in School Finance Litigation

    Science.gov (United States)

    Green, Preston C., III.

    2013-01-01

    Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

  5. Can shared decision-making reduce medical malpractice litigation? A systematic review.

    Science.gov (United States)

    Durand, Marie-Anne; Moulton, Benjamin; Cockle, Elizabeth; Mann, Mala; Elwyn, Glyn

    2015-04-18

    To explore the likely influence and impact of shared decision-making on medical malpractice litigation and patients' intentions to initiate litigation. We included all observational, interventional and qualitative studies published in all languages, which assessed the effect or likely influence of shared decision-making or shared decision-making interventions on medical malpractice litigation or on patients' intentions to litigate. The following databases were searched from inception until January 2014: CINAHL, Cochrane Register of Controlled Trials, Cochrane Database of Systematic Reviews, EMBASE, HMIC, Lexis library, MEDLINE, NHS Economic Evaluation Database, Open SIGLE, PsycINFO and Web of Knowledge. We also hand searched reference lists of included studies and contacted experts in the field. Downs & Black quality assessment checklist, the Critical Appraisal Skill Programme qualitative tool, and the Critical Appraisal Guidelines for single case study research were used to assess the quality of included studies. 6562 records were screened and 19 articles were retrieved for full-text review. Five studies wee included in the review. Due to the number and heterogeneity of included studies, we conducted a narrative synthesis adapted from the ESRC guidance for narrative synthesis. Four themes emerged. The analysis confirms the absence of empirical data necessary to determine whether or not shared decision-making promoted in the clinical encounter can reduce litigation. Three out of five included studies provide retrospective and simulated data suggesting that ignoring or failing to diagnose patient preferences, particularly when no effort has been made to inform and support understanding of possible harms and benefits, puts clinicians at a higher risk of litigation. Simulated scenarios suggest that documenting the use of decision support interventions in patients' notes could offer some level of medico-legal protection. Our analysis also indicated that a sizeable

  6. Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities.

    Science.gov (United States)

    Hull, Helia Garrido

    2016-01-01

    This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

  7. Litigation to execution in legal labour relationships. Study case

    Directory of Open Access Journals (Sweden)

    Dragos Lucian Radulescu

    2016-06-01

    Full Text Available Enforced execution is the legal way by which the Creditor under an enforceable order protects his rights by resorting to coercive force of the state. When the Debtor does not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced execution in all manner prescribed by law. Of course, the start of compulsory execution is limited by the conditions of admissibility imperatively specified in the law, principally the condition to exist an enforceable order owned by the Creditor. Regarding the order to be enforced, it can be represented either by an enforceable or final judgement, with provisional enforcement or any other document that can be enforced. Procedurally, the provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who has a litigation to execution against the execution itself, against the Closures issued by the Bailiff, and against any other act of enforcement. Jurisdiction of the Court in this matter will be of the Executor Court or the Court in whose district the Debtor is situated, on the date of the appeal. The appeal of the Debtor questions the Parties not only over the acts of execution because the appeal is also allowed over the explanations relative to the meaning, scope or application of the enforceable order, but in the conditions limited by the legal nature of this order. Thus, according to the law when enforceable order is not issued by a Court or Arbitration may be invoked before an Executor Court including reasons of fact or law which could not be discussed during an earlier trial, in the first instance or in an appeal. Basically, if enforced execution is under an enforceable order that is not from a Court, these reasons can be invoked when there is no other processual mean for its abolition. There also can be submitted a complaint against the Closure by which was upheld the appeal for an enforced execution, and the act of execution concerning the division of the

  8. Assessing Impression Management With the MMPI-2 in Child Custody Litigation.

    Science.gov (United States)

    Arce, Ramón; Fariña, Francisca; Seijo, Dolores; Novo, Mercedes

    2015-12-01

    Forensic psychological evaluation of parents in child custody litigation is primarily focused on evaluating parenting capacity and underreporting. The biased responses of underreporting have been classified as Impression Management (IM) or as Self-Deceptive Positivity (S-DP), which are regarded to be conscious or unconscious in nature, respectively. A field study was undertaken to assess impression management on the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in child custody cases, the accuracy of the MMPI-2 scales in classifying IM, and what parents in child custody litigation actually manipulate in terms of IM. A total of 244 parents in child custody litigation and 244 parents under standard instructions were administered the MMPI-2. The results revealed that the L, Mp, Wsd, and Od scales discriminated between both samples of parents; the rate of satisfactory classification (i.e., odds ratio ranged from 5.7 for Wsd to 23.3 for Od) and an incremental validity of Od over Mp and Wsd. As for the effects of IM, the results show IM effects in the Basic Clinical Scales, the Restructured Clinical Scales, the Personality Psychopathology Five Scales, the Content Scales, and the Supplementary Scales. The implications of the results are discussed in relation to the forensic evaluation of parents in child custody litigation. © The Author(s) 2014.

  9. THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

    Directory of Open Access Journals (Sweden)

    ADRIANA ELENA BELU

    2012-05-01

    Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.

  10. Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

    Science.gov (United States)

    Sims, David P.

    2011-01-01

    "Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

  11. Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts

    NARCIS (Netherlands)

    A. Stadler (Astrid)

    2013-01-01

    markdownabstract__Abstract__ In cross-border civil litigation the use of different official court languages causes severe problems when - at least one of the parties - is not familiar with the official language of the court, since the parties' constitutional right to a fair trial depends very

  12. 11 CFR 201.3 - Public funding, audits and litigation: Ex parte contacts prohibited.

    Science.gov (United States)

    2010-01-01

    ... soon after the communication as is reasonably possible but no later than three business days after the... communication as is reasonably possible but no later than three business days after the communication, unless... REGULATIONS EX PARTE COMMUNICATIONS § 201.3 Public funding, audits and litigation: Ex parte contacts...

  13. 75 FR 34515 - American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric...

    Science.gov (United States)

    2010-06-17

    ... SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric Energy, Inc., Future Carz, Inc., NBI, Inc., Noble... concerning the securities of Earth Sciences, Inc. because it has not filed any periodic reports since the...

  14. 37 CFR 10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Avoiding acquisition of interest in litigation or proceeding before the Office. 10.64 Section 10.64 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE Patent and...

  15. The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

    Science.gov (United States)

    Friedman, Joel William

    1979-01-01

    The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

  16. Autism Litigation: Outcomes for 2010, Trends in Decision Making and Changes in Diagnostic Criteria

    Science.gov (United States)

    Hill, Doris Adams; Kearley, Regina

    2013-01-01

    The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents…

  17. Legislation and litigation related to low-level radiation injury claims

    International Nuclear Information System (INIS)

    McCraw, T.

    1985-01-01

    Current legislation and litigation related to radiation exposure will have an enormous impact on the radiation protection and monitoring requirements of the future. A brief review of some proposed injury compensation bills for veterans and a recent court decision for low-level radiation injury claims are reviewed

  18. Group Litigation in European Competition Law: A Law and Economics perspective

    NARCIS (Netherlands)

    S.E. Keske (Sonja)

    2009-01-01

    textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

  19. Mobilizing Ethnic Equality in Admissions to Schools: Litigation, Politics, and Educational Change

    Science.gov (United States)

    Perry-Hazan, Lotem; Perelstain, Oshrat

    2018-01-01

    This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of…

  20. 22 Emergency department litigation and coroner's inquests: a ten year analysis.

    Science.gov (United States)

    Tilbury, Nicholas; Tabner, Andrew; Johnson, Graham

    2017-12-01

    The burden of litigation within the NHS should not be underestimated. Indemnity costs rise in response to the rising frequency and costs of claims, with recent changes to the discount rate projected to increase NHS Litigation Authority (NHSLA) costs by £1 Billion per year. Litigation also has a significant psychological impact on staff. This study represents the first examination of litigation and Coroner's 'Prevention of Future Deaths' reports relating to emergency department care in the UK. Using the Freedom of Information (FOI) Act (2000) we submitted data requests to both the NHSLA and the Ministry of Justice (MoJ).The NHSLA provided data concerning ED litigation claims between 2006 and 2015 including:Number of claims by yearNumber of successful and unsuccessful claims by yearNumber of settled claimsCost of claims (including defence costs, claimant costs and damages awarded)The MoJ provided data concerning PFD reports issued to EDs between 2006 and 2016. Data concerning PFD reports issued between 2012 and 2015 were extracted from the MoJ website. Data included:Report dateAge and gender of the deceasedReport summary RESULTS: The total number of ED litigation claims made between 2006 and 2015 was 10,040; 5745 (57.2%) resulted in a financial settlement. The number of claims successfully settled ranged from 382 in 2005/06 to 830 in 2014/15 with an upward trend throughout the decade. The mean cost of a successful claim was £114,029; increasing from £66 754 in 2005/06 to £1 41 027 in 2014/15, a 111% increase. Delay/failure in diagnosis was the most common cause for litigation (4318 [44.5%]) and PFD reports (15 [21%]).A total of 70 PFD reports were issued within the study period; there was no trend in the number of reports issued per year. The greatest number of reports were issued in 2014 (18), far exceeding any other year. Annual claim numbers have increased by 117% over the study period and mean claim cost has increased by 111% (far in excess of any rise

  1. An exploration of the effects of clinical negligence litigation on the practice of midwives in England: A phenomenological study.

    Science.gov (United States)

    Robertson, Judith H; Thomson, Ann M

    2016-02-01

    to explore how midwives׳ personal involvement in clinical negligence litigation affects their midwifery practice. descriptive phenomenological study using semi-structured interviews. in 2006-2007 in-depth interviews were conducted in participants׳ homes or at their place of work and focused on participants׳ experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. clinical practice affected was an increase in documentation, fear of practising outside clinical guidelines and electronic fetal monitoring of women at low obstetric risk; these changes were not widespread. Changes in practice were sometimes perceived negatively and sometimes positively. Forming a good relationship with childbearing women was judged to promote effective midwifery care but litigation had affected the ability of a minority of midwives to advocate for women if this relationship had not been established. Litigation could result in loss of confidence leading to self-doubt, isolation, increased readiness to seek medical assistance and avoidance of working in the labour ward, perceived as an area with a high risk of litigation. A blame culture in the NHS was perceived by several midwives. In contrast an open non-punitive culture resulted in midwives readily reporting mistakes to risk managers. Litigation lowered midwifery morale and damaged professional reputations, particularly when reported in the newspapers. Some midwives expressed thoughts of leaving midwifery or taking time off work because of litigation but only one was actively seeking other employment, another took sick leave and one had left midwifery and returned to nursing. litigation can have a negative effect on midwives׳ clinical practice and morale and fosters a culture of blame within the NHS. education regarding appropriate documentation, use or non-use of electronic fetal monitoring and the legal status of clinical

  2. The Settlement of Litigations Arising from the Interpretation and Enforcement of Administrative Contracts

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2015-03-01

    Full Text Available Regarded nowadays as an instrument of strategy implementation of government policy and establishment mechanism of public administration, the administrative contract raises many debates on its applicable regime, but also on the jurisdiction, to solve litigations arising from their interpretation and execution. In this paper we proposed, based on the analysis of the laws in force, doctrine, jurisprudence, and previous research results related to the subject, using the comparative method, to clarify the mentioned issues. The conclusions of this paper will strengthen the practice on the referral of courts competent to solve litigations arising from the implementation of the administrative contracts in the context where the administrative contract has profound implications in the administrative, economic and social field.

  3. Tobacco industry use of judicial seminars to influence rulings in products liability litigation

    Science.gov (United States)

    Friedman, L C

    2006-01-01

    Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

  4. The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2008-06-01

    The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

  5. Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

    Science.gov (United States)

    Stevenson, David G; Spittal, Matthew J; Studdert, David M

    2013-05-01

    The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

  6. A Public Health Analysis of the Proposed Resolution of [the 1997 United States] Tobacco Litigation

    OpenAIRE

    Fox, Brion J. J.D.; Lightwood, James M. Ph.D.; Glantz, Stanton A. Ph.D.

    1998-01-01

    The proposed tobacco settlement agreement, as negotiated by some state attorneys general and the tobacco industry that was made public on June 20, 1997 (Appendix F), raises a complex array of public health, public policy, legal and economic issues. It was intended to be a blueprint for national tobacco control legislation that would end the most important litigation current and potential against the tobacco industry. As with most complex legislation, the deal, after it was announced, underwen...

  7. Roundup litigation discovery documents: implications for public health and journal ethics.

    Science.gov (United States)

    Krimsky, Sheldon; Gillam, Carey

    2018-06-08

    This paper reviews the court-released discovery documents obtained from litigation against Monsanto over its herbicide Roundup and through Freedom of Information Act requests (requests to regulatory agencies and public universities in the United States). We sought evidence of corporate malfeasance and undisclosed conflicts of interest with respect to issues of scientific integrity. The findings include evidence of ghostwriting, interference in journal publication, and undue influence of a federal regulatory agency.

  8. Beyond Litigation: The Need for Creativity in Working to Realise Environmental Rights

    Directory of Open Access Journals (Sweden)

    Lisa Chamberlain

    2017-06-01

    Full Text Available Environmental harm is one of the biggest challenges facing communities living in poverty across the world. Unfortunately, in developing strategies to combat environmental harm, the lawyers that support such communities often tend to focus purely on litigation. Yet there are many reasons why litigation is not ideally suited to the environmental context. These reasons include the need for speed in order to avert irreversible harm quickly, the difficulty in quantifying and proving environmental harm using conventional legal tests, the very technical subject matter with which judges are often unfamiliar and the challenge of securing scientific experts. Fortunately litigation is not the only option, and a wealth of alternative strategies to realise environmental rights exist. Using the campaign to protect the Mapungubwe World Heritage Site in South Africa as a case study, this article will examine three such alternatives: namely the linkages between advocacy campaigns and company share price, community learning exchanges and an interesting model for collaboratively monitoring compliance by mining companies.

  9. Closed medical negligence claims can drive patient safety and reduce litigation.

    Science.gov (United States)

    Pegalis, Steven E; Bal, B Sonny

    2012-05-01

    Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

  10. INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY

    OpenAIRE

    Anca Magda VOICULESCU

    2018-01-01

    In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or ...

  11. Radiation litigation and the nuclear industry--the experience in the United Kingdom.

    Science.gov (United States)

    Leigh, W J; Wakeford, R

    2001-12-01

    In the United Kingdom, the Nuclear Installations Act 1965 places a "strict" statutory duty on the operators of nuclear facilities to ensure that any exposure to radiation resulting from operations does not cause injury or damage. A claimant does not have to prove fault to receive compensation under the Act, only causation. The 1965 Act has been fundamental in shaping litigation involving the nuclear industry in the UK. Civil law cases brought under the Act will be heard before a single judge (with no jury or technical assessor) who must present his or her decision in a reasoned judgment. This process leads to a considerable volume of expert evidence being presented to the court and extensive cross-examination of witnesses. The expense and uncertain outcome of cases involving claims by nuclear workers that occupational exposure to radiation had caused the development of cancer has led to employers and trade unions setting up the voluntary Compensation Scheme for Radiation-linked Diseases as an alternative to litigation. This Scheme has worked well and is held up as a model of alternative dispute resolution. However, a few cases concerning personal injury or damage to property have come before the courts when the defendant nuclear operator considered that the claims were technically unjustified and where settlement was not a policy option. As anticipated, these cases were lengthy, complex, and expensive. The radiation doses assessed to have been received by the individuals who were the subject of claims, whether workers or members of the public, have been crucial to the outcome. The technical expertise of health physicists and allied specialists has been vital in establishing defensible estimates of dose, and this contribution can be expected to remain of high importance in radiation litigation in the UK.

  12. Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

    Science.gov (United States)

    Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

    2011-10-01

    This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

  13. Blue Jeans, Chewing Gum and Climate Change Litigation: American Exports to Europe

    Directory of Open Access Journals (Sweden)

    Daniel G Hare

    2013-01-01

    Full Text Available This paper analyses how American-style climate change litigation might be adopted by the European Union ('EU' and projects potential methods by which the EU might employ the US model, if it indeed chooses to take the climate change battle to the courts. By synthesising existing US case law in the environment and climate change fields, the paper roughly defines the 'American model' of climate change litigation as parens patriae actions, oftentimes based in the tort of public nuisance, brought by states and other sovereign entities against polluter-defendants. The structural differences between the common law United States and the predominantly civil law European Union are substantial, and the EU has traditionally been averse to enter too far into the American mass torts arena. Accordingly, Europeans have not yet undertaken these types of lawsuits. This paper identifies and examines several realistic options for Europe's possible espousal of the American climate change litigation model through EU law and national law of individual Member States. Although the comparison is admittedly imperfect, I conclude that by drawing on the blueprint of its American counterparts, the EU could viably use Directive 2004/35/EC (environmental liability with regard to the prevention and remedying of environmental damage and the 'polluter pays' principle and Directive 2003/87/EC (establishing a scheme for greenhouse gas emission allowance trading in a parens patriae-like manner to hold defendants liable for damages caused by climate change. Additionally with case studies focusing on France, Germany and the United Kingdom, national law alternatives exist for individual Member States, as well as regional and local governments, to take action on behalf of their citizens for injuries resulting from climate change, just like sovereign bodies in the United States have done.

  14. An Analysis of “Natural” Food Litigation to Build a Sesame Allergy Consumer Class Action.

    Science.gov (United States)

    Shaker, Dana

    In a world where food allergy is still an incurable disease, law and regulation stand as necessary mechanisms to provide food-allergic consumers with the information they need to protect their health. The Food Allergen Labeling and Consumer Protection Act of 2004 provided specific labeling requirements for the “Top Eight” allergens in the U.S.: milk, soy, gluten, egg, tree nut, peanut, fish, and Crustacean shellfish. Since then, sesame has become more prevalent as an allergen and remains just as dangerous, inducing anaphylactic shock in some sesame-allergic individuals. Yet sesame remains unregulated, despite advocates and congressional members arguing for its inclusion. This note entertains one solution to this problem by exploring the most strategic way to bring a sesame allergy class action against a private food company under California’s consumer protection statutes. Because this kind of class action does not have much, if any, precedent, this note analyzes the basic, preliminary issues that any litigant would have to navigate around to certify a class, including preemption, standing, and the claim itself, by focusing on how courts have examined these issues in the recent “natural” class action litigation. It also analyzes the legal, moral, and practical aspects of choosing a type of relief, as well as whom to include in the class. Finally, this note briefly considers how FDA itself can ensure sesame is regulated on the labels of food products, given that some of the legal issues may well be insurmountable for this particular class action. This note explores the potential solutions to difficult legal hurdles in constructing a sesame allergy class action, arguing that litigating a sesame allergy class action—even if it is not ultimately successful—could start a productive conversation that might lead Congress or FDA to provide greater public health and consumer protection for those with sesame allergy.

  15. Litigation Friends or Foes? Representation of ‘P’ before the Court of Protection

    Science.gov (United States)

    Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

    2016-01-01

    This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. PMID:28007807

  16. Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

    Science.gov (United States)

    Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

    2016-01-01

    This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.

  17. Image processing by computer analysis--potential use and application in civil and criminal litigation.

    Science.gov (United States)

    Wilson, T W

    1990-01-01

    The image processing by computer analysis has established a data base for applications in the industrial world. Testing has proved that the same system can provide documentation and evidence in all facets of modern day life. The medicolegal aspects in civil and criminal litigation are no exception. The primary function of the image processing system is to derive all of the information available from the image being processed. The process will extract this information in an unbiased manner, based solely on the physics of reflected light energy. The computer will analyze this information and present it in pictorial form, with mathematical data to support the form presented. This information can be presented in the courtroom with full credibility as an unbiased, reliable witness. New scientific techniques shown in the courtroom are subject to their validity being proven. Past imaging techniques shown in the courtroom have made the conventional rules of evidence more difficult because of the different informational content and format required for presentation of these data. I believe the manner in which the evidence can now be presented in pictorial form will simplify the acceptance. Everyone, including the layman, the judge, and the jury, will be able to identify and understand the implications of the before and after changes to the image being presented. In this article, I have mentioned just some of the ways in which image processing by computer analysis can be useful in civil and criminal litigation areas: existing photographic evidence; forensic reconstruction; correlation of effect evidence with cause of evidence; medical records as legal protection; providing evidence of circumstance of death; child abuse, with tracking over time to prevent death; investigation of operating room associated deaths; detection of blood at the scene of the crime and on suspected objects; use of scales at the scene of the crime; providing medicolegal evidence beyond today

  18. They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908.

    Science.gov (United States)

    Savage, Gail

    2011-01-01

    A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

  19. The Expected Net Present Value of Developing Weight Management Drugs in the Context of Drug Safety Litigation.

    Science.gov (United States)

    Chawla, Anita; Carls, Ginger; Deng, Edmund; Tuttle, Edward

    2015-07-01

    Following withdrawals, failures, and significant litigation settlements, drug product launches in the anti-obesity category slowed despite a large and growing unmet need. Litigation concerns, a more risk-averse regulatory policy, and the difficulty of developing a product with a compelling risk-benefit profile in this category may have limited innovators' expected return on investment and restricted investment in this therapeutic area. The objective of the study was to estimate perceived manufacturer risk associated with product safety litigation and increased development costs vs. revenue expectations on anticipated return on investment and to determine which scenarios might change a manufacturer's investment decision. Expected net present value of a weight-management drug entering pre-clinical trials was calculated for a range of scenarios representing evolving expectations of development costs, revenue, and litigation risk over the past 25 years. These three factors were based on published estimates, historical data, and analogs from other therapeutic areas. The main driver in expected net present value calculations is expected revenue, particularly if one assumes that litigation risk and demand are positively correlated. Changes in development costs associated with increased regulatory concern with potential safety issues for the past 25 years likely did not impact investment decisions. Regulatory policy and litigation risk both played a role in anti-obesity drug development; however, product revenue-reflecting efficacy at acceptable levels of safety-was by far the most important factor. To date, relatively modest sales associated with recent product introductions suggest that developing a product that is sufficiently efficacious with an acceptable level of safety continues to be the primary challenge in this market.

  20. Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

    Science.gov (United States)

    Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

    2016-01-01

    Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

  1. A phenomenological study of the effects of clinical negligence litigation on midwives in England: the personal perspective.

    Science.gov (United States)

    Robertson, Judith H; Thomson, Ann M

    2014-03-01

    to explore how midwives' personal involvement in clinical negligence litigation affects their emotional and psychological well-being. descriptive phenomenological study using semi-structured interviews. in-depth interviews were conducted in participants' homes or at their place of work and focused on participants' experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. unfamiliarity with the legal process when writing statements, attending case conferences and being a witness in court provoked significant stress for midwives. This was exacerbated by the prolonged nature of maternity claims. Support ranged from good to inadequate. Participants who no longer worked for the defendant Trust felt unsupported. Stress could manifest as physical and mental ill-health. Some midwives internalised the allegations of negligence believing their whole career had become worthless. Previous knowledge of the legal process ameliorated the experience. Midwives also exhibited anger and resentment when litigation concluded and some took years to heal from the experience. midwives come from a caring and relational paradigm. When interfacing with the adversarial and contentious paradigm of tort law, midwives can abreact and suffer emotional, physical and psychological harm. Support for midwives experiencing litigation must be improved. Understanding the effects of personal involvement in litigation is important in order to improve the quality of support for this group of midwives. It will also aid development of targeted education for undergraduate, post-graduate and in-service midwives. In the longer term it may help policy makers when considering reform of clinical negligence litigation and NHS employers to structure support mechanisms for staff involved. Copyright © 2013 Elsevier Ltd. All rights reserved.

  2. The evaluation of sexual harassment litigants: reducing discrepancies in the diagnosis of posttraumatic stress disorder.

    Science.gov (United States)

    Lawson, Angela K; Wright, Caroline Vaile; Fitzgerald, Louise F

    2013-10-01

    Relatively few targets of sexual harassment cope with the psychological sequelae of their experiences by engaging in litigation. Those who do are often subjected to forensic examination to evaluate their history of psychological distress or disorder and to determine whether such a condition could be reasonably attributed to the alleged harassment, as opposed to some other cause. An unbiased approach to such examinations is critical to all parties, as well as to the profession itself. This study investigates the relationship between the clinical and restructured clinical scales of the Minnesota Multiphasic Personality Inventory-2, the Trauma Symptom Inventory subscales, the Crime-Related Posttraumatic Stress Disorder (CR-PTSD) scale, and an American Psychiatric Association diagnosis (APA, Diagnostic and statistical manual of mental disorders; DSM-IV-TR; 4th ed., text rev., 2000, Washington, DC, Author) of PTSD in a sample of sexual harassment plaintiffs. All measures performed well independently, but together provided improved predictive accuracy, suggesting that the use of multiple validated measures as well as structured diagnostic interviews may help us better understand litigants' experiences and reduce bias in evaluations. PsycINFO Database Record (c) 2013 APA, all rights reserved

  3. Reducing medical complaints and litigation in Malaysia: turning patients' voices into opportunities.

    Science.gov (United States)

    Kassim, Puteri Nemie Jahn

    2007-10-01

    One of the most important ironies of modern health care is that public expectations are rising faster than the ability of health services to meet them. Patients nowadays no longer want to be treated as passive recipients of medical care but as co-producers or partners able to manage their illnesses. Thus, it is not surprising that poor communication and failure to take into account the patient's perspective are at the heart of most formal complaints and legal actions in Malaysia. The difficulties of existing complaint procedures in Malaysia have become manifest over the years and this has been accentuated by patients becoming more willing to challenge the decisions of medical practitioners and health service management in court. To reduce the number of complaints and risks of litigation, a more patient-centred approach should be adopted. When patients voice their concern by making a complaint or inquiry, this should be seen as a unique source of information for health care services on why adverse events occur and how to prevent them. As well as reducing future harm to patients, better management of complaints should restore trust and reduce the risk of litigation, through open communication and a commitment to learn from the problem. The existing procedures for patients to be heard in Malaysia should be reviewed and incorporate features such as responsiveness, accessibility, impartiality, simplicity, speed and accountability.

  4. THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

    Directory of Open Access Journals (Sweden)

    Liviu-Titus Paveliu

    2014-11-01

    Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

  5. Public Litigation and the Concept of “Deference” in Judicial Review

    Directory of Open Access Journals (Sweden)

    Abraham Klaasen

    2015-12-01

    Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

  6. Assessing Success in School Finance Litigation: The Case of New Jersey. Education, Equity, and the Law. No. 1

    Science.gov (United States)

    Goertz, Margaret E.; Weiss, Michael

    2009-01-01

    Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient"…

  7. Deciding Who Decides Questions at the Intersection of School Finance Reform Litigation and Standards-Based Accountability Policies

    Science.gov (United States)

    Superfine, Benjamin Michael

    2009-01-01

    Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

  8. The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

    Science.gov (United States)

    Dunklee, Dennis R.; Shoop, Robert J.

    This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

  9. 76 FR 26682 - Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in Litigation

    Science.gov (United States)

    2011-05-09

    ...-2011-0025] Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in... Act of 2008 (RSIA), FRA is soliciting public comment on the issue of whether it is in the public... withhold from discovery or use in litigation in a Federal or State court proceeding for damages involving...

  10. The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

    Science.gov (United States)

    Kaur, Jameen

    2012-06-01

    The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  11. 75 FR 8045 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

    Science.gov (United States)

    2010-02-23

    ... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act Correction Notice document 2010-3168 appearing on page 7441 in the issue of Friday, February 19, 2010 was included in error...

  12. 37 CFR 201.15 - Special handling of pending claims requiring expedited processing for purposes of litigation.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Special handling of pending... PROVISIONS § 201.15 Special handling of pending claims requiring expedited processing for purposes of... compelling need for the service exists due to pending or prospective litigation, customs matters, or contract...

  13. 9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

    Science.gov (United States)

    2010-01-01

    ... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Litigation as to whether a system is...

  14. The Tobacco Industry’s Abuse of Scientific Evidence and Activities to Recruit Scientists During Tobacco Litigation

    Directory of Open Access Journals (Sweden)

    Sungkyu Lee

    2016-01-01

    Full Text Available South Korea’s state health insurer, the National Health Insurance Service (NHIS, is in the process of a compensation suit against tobacco industry. The tobacco companies have habitually endeavored to ensure favorable outcomes in litigation by misusing scientific evidence or recruiting scientists to support its interests. This study analyzed strategies that tobacco companies have used during the NHIS litigation, which has been receiving world-wide attention. To understand the litigation strategies of tobacco companies, the present study reviewed the existing literature and carried out content analysis of petitions, preparatory documents, and supporting evidence submitted to the court by the NHIS and the tobacco companies during the suit. Tobacco companies misrepresented the World Health Organization (WHO report’s argument and misused scientific evidence, and removed the word “deadly” from the title of the citation. Tobacco companies submitted the research results of scientists who had worked as a consultant for the tobacco industry as evidence. Such litigation strategies employed by the tobacco companies internationally were applied similarly in Korean lawsuits. Results of tobacco litigation have a huge influence on tobacco control policies. For desirable outcomes of the suits, healthcare professionals need to pay a great deal of attention to the enormous volume of written opinions and supporting evidence that tobacco companies submit. They also need to face the fact that the companies engage in recruitment of scientists. Healthcare professionals should refuse to partner with tobacco industry, as recommended by Article 5.3 of the WHO Framework Convention on Tobacco Control.

  15. INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY

    Directory of Open Access Journals (Sweden)

    Anca Magda VOICULESCU

    2018-05-01

    Full Text Available In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state of destination and other different measures concerning the child which fall within the area of parental authority (joint or exclusive. The purpose of the article is to analyze the interaction between the international and the national case and how they influence each other from a double perspective (procedural and substantial, taking into account that the two litigations are generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should have priority in solving. Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which are covered by the res judicata principle, and on the other hand to identify how a national decision on domicile and parental authority may influence the solution in the Hague case.

  16. Informed Consent Obtainment, Malpractice Litigation, and the Potential Role of Shared Decision Making Approaches

    DEFF Research Database (Denmark)

    Birkeland, Søren

    2015-01-01

    of the iceberg as lack of patient ‘ownership’ of the DM is not always exposed or may be explicated otherwise (alleged substandard behavior or surgery etc). SDM approaches possibly may sometimes prevent IC duty breaches, assist documenting the DM process, and reduce litigation occurrence.......Internationally, there is increasing recognition of Shared Decision Making (SDM) and Decision Aids (DAs) as measures to increase patient involvement in – and satisfaction with - decision making (DM), improve health care communication, and address bioethical autonomy principles and informed consent...... search term ‘consent’; 15th May 2015). Among 3291 lawsuits, 229 with explicit IC judgments were found. They mostly concerned the hospital sector (179; 78%) and commonly involved surgery (69), gyn/obstetrics (33), and gen. medicine (20; incl, eg, cardiology). 21 affected minor patients and 36 were cancer...

  17. A review of medical malpractice issues in Malaysia under tort litigation system.

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-04-07

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

  18. Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-01-01

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

  19. Compensation for damage caused by abuse of procedural rights in civil litigation

    Directory of Open Access Journals (Sweden)

    Rakočević Milka V.

    2017-01-01

    Full Text Available The paper discusses the issue of compensation for damage caused by the abuse of procedural rights as a measure within the oppressive apparatus for sanctioning the abuse of process in civil proceedings, which issue is, unlike others related to the idea of prohibition of abuse of rights within the system of civil procedure, the least treated in the procedural doctrine. The author deals with procedural aspects of certain essential issues that are important in the context of the matter concerned, highlighting the nature of the claim for damages caused by the abuse of process, the manner this right is realized (whether in the pending litigation or by initiating a separate civil procedure, the procedural form of the claim for compensation of damages, etc.

  20. Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

    Directory of Open Access Journals (Sweden)

    Willene Holness

    2014-12-01

    Full Text Available The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations

  1. Legal advocacy and nuclear power: the impact of litigation on the Midland nuclear plant

    International Nuclear Information System (INIS)

    Cook, C.E.

    1979-01-01

    The use of litigation as an interest-group strategy is analyzed in relation to the controversy over the development of nuclear power. An assessment is made of the impact of the judicial process, with the litigation involving the Midland, Michigan, nuclear plant serving as a representative case study. In the construction permit hearings for the Midland nuclear plant, which began in 1970, the interest groups were Consumers Power Company, a Michigan utility, and the Saginaw and Mapleton Intervernors, environmentalists dwelling near the proposed plant site. The Nuclear Regulatory Commission issued a construction permit for the plant after a two-year licensing process, but the environmental groups appealed the permit to the United States Court of Appeals for the District of Columbia Circuit. In 1976, the permit was remanded by the court to the Commission for reconsideration, and Consumers Power Company appealed that decision. In 1978, the Supreme Court handed down a unanimous and definitive opinion, Consumers Power Company vs Aeschliman, that upheld the Commission's original issuance of the construction plant. The Midland case well illustrates the detrimental impact that legal advocacy has had on atomic energy by prolonging the regulatory process. The positive consequences of the Court ruling favoring the utility's position were outweighed by the expense involved in the initial ten years of thelicensing and subsequent lawsuits concerning the Midland plant. Consequently, Consumers Power Company is representative of most other American electric companies in its determination that it cannot build additional nuclear plants without mitigation of the uncertainty and duration of the regulatory process. Thus, it may be concluded that the environmental groups' use of legal advocacy at Midland and elsewhere has proven to be an effective strategy for undermining the nuclear industry and for deterring the future development of nuclear power

  2. Alternatives to litigation for health care conflicts and claims: alternative dispute resolution in medicine.

    Science.gov (United States)

    Dauer, Edward A

    2002-12-01

    Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportunities for conflict in health care (and legal conflict with it), therefore, have been and will continue to be a measurable part of health care's daily life. Many of these conflicts can be managed through one or another of the several forms of ADR. Some ADR procedures are most productive when used as alternatives to impending litigation. Others may be employed when litigation is not likely but when the persistence of conflict, such as that within a newly structured provider organization, would otherwise take its toll on the productivity of the organization and those who work within it. The challenge in using ADR for any of these problems is similar to what physicians understand as differential diagnosis. A good therapy applied to the wrong case yields a bad result. The world of ADR has matured to the point at which the salient features of both cases and procedures are well-enough understood to allow for low-risk and high-benefit applications. This is particularly true for disputes involving allegations of medical error, where the indicators of efficacy are very positive and the risks to safety are comfortably low. Mediation in particular, but mediation of the interest-based style rather than the settlement conference style, deserves fuller consideration and broader use.

  3. 32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

    Science.gov (United States)

    2010-07-01

    ..., enforceable at law against the United States or the Department of Defense. C. Definitions 1. Demand. Subpoena.... Notwithstanding the provisions of paragraphs F.1.a. and b., the GC, DoD, in litigation involving terrorism...

  4. MOYENS ALTERNATIFS DE RÈGLEMENT DES LITIGES: REALITÉS, PERSPECTIVES ET ENJEUX EUROPÉENS

    Directory of Open Access Journals (Sweden)

    Angelica ROŞU

    2006-01-01

    Full Text Available In Europe, the development of alternative dispute resolution is related to many circumstances.ADR techniques are being used more and more, as parties and lawyers and courts realize that these techniques can often help them resolve legal disputes faster and cheaper and more privately than can conventional litigation. More- over, many people prefer ADR approaches because they see these methods as being more creative and more focused on problem solving than litigation, which has always been based on an adversarial model.Although certain ADR techniques are well established and frequently used — for example, mediation and arbitration — alternative dispute resolution has no fixed definition.The definition of alternative dispute resolution is constantly expanding to include new techniques.

  5. Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

    Science.gov (United States)

    Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

    2017-08-15

    Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

  6. The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

    Science.gov (United States)

    1993-04-01

    instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

  7. The role of tobacco advertising and promotion: themes employed in litigation by tobacco industry witnesses.

    Science.gov (United States)

    Goldberg, Marvin E; Davis, Ronald M; O'Keefe, Anne Marie

    2006-12-01

    To identify key themes related to tobacco advertising and promotion in testimony provided by tobacco industry-affiliated witnesses in tobacco litigation, and to present countervailing evidence and arguments. Themes in industry testimony were identified by review of transcripts of testimony in the Tobacco Deposition and Trial Testimony Archive (http://tobaccodocuments.org/datta) from a sample of defence witnesses, including three academic expert witnesses, six senior executives of tobacco companies, and one industry advertising consultant. Counterarguments to the themes embodied in defence testimony were based on information from peer-reviewed literature, advertising trade publications, government reports, tobacco industry documents, and testimony provided by expert witnesses testifying for plaintiffs. Five major themes employed by defence witnesses were identified: (1) tobacco advertising has a relatively weak "share of voice" in the marketing environment and is a weak force in affecting smoking behaviour; (2) tobacco advertising and promotion do not create new smokers, expand markets, or increase total tobacco consumption; (3) the tobacco industry does not target, study, or track youth smoking; (4) tobacco advertising and promotion do not cause smoking initiation by youth; and (5) tobacco companies and the industry adhere closely to relevant laws, regulations, and industry voluntary codes. Substantial evidence exists in rebuttal to these arguments. Tobacco industry-affiliated witnesses have marshalled many arguments to deny the adverse effects of tobacco marketing activities and to portray tobacco companies as responsible corporate citizens. Effective rebuttals to these arguments exist, and plaintiffs' attorneys have, with varying degrees of success, presented them to judges and juries.

  8. IMPACT OF HEALTH TECHNOLOGY ASSESSMENT IN LITIGATION CONCERNING ACCESS TO HIGH-COST DRUGS.

    Science.gov (United States)

    Aleman, Alicia; Perez Galan, Ana

    2017-01-01

    The impact of health technology assessment (HTA) in the judicialization of the right of health has not been deeply studied in Latin American countries. The purpose of this study is to review the process of judicialization of the access to high cost drugs in Uruguay and assess the impact HTAs have had on this process. The methodology used for this study included a comprehensive literature search in electronic databases, local journals, internal documents developed in the Ministry of Health, as well as conducting interviews with key informants. Judicialization of the access of high cost drugs has been increasing since 2010. The strategy of the Ministry of Health of Uruguay to decrease this problem included the organization of roundtables with judges and other stakeholders on the basis of HTA, the training of defense lawyers in the use and interpretation of HTA, and the participation of a professional who develops HTA in the preparation of the defense arguments. A year after the implementation of this strategy, 25 percent of writs of protection were won by the Ministry of Health. Even though the strategy implemented was effective in reducing the loss of litigations, it was not effective in reducing the growing number of writs of protection. It is essential to address this problem in a broad debate and to promote understanding between the parties.

  9. How to avoid liability litigation in courts – Suggestions from a German example

    Directory of Open Access Journals (Sweden)

    Liebermeister, Hermann

    2010-01-01

    Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

  10. Civil Litigation in the UK: сontemporary issues to ensure evidential reliability

    Directory of Open Access Journals (Sweden)

    Koch Hugh

    2016-06-01

    Full Text Available The system for assessing appropriate damages for individuals who have suffered a personal injury, caused by another person or persons is well established in the UK. A claimant, for example, who has been in a road accident, work accident, medical accident or negligent action can make a claim for his/her physical and psychological injuries, time off work and future disability, provided it is proven that another person(s is responsible. The system involves obtaining, medical-legal evidence on the diagnosis, causation, treatment and prognosis of any injuries, physical or psychological. One key aspect of this covers the crucial issue of evidential reliability. This paper explains the key questions facing lawyers and experts alike in the UK; fundamental postulates or beliefs about evidence; ways to improve reliability; the relevance of pre-event history and improving evidential reliability via Part 35 questioning. The UK, along with the USA, has the most advanced and developed system of personal injury litigation process.

  11. Surgical Fires and Operative Burns: Lessons Learned From a 33-Year Review of Medical Litigation.

    Science.gov (United States)

    Choudhry, Asad J; Haddad, Nadeem N; Khasawneh, Mohammad A; Cullinane, Daniel C; Zielinski, Martin D

    2017-03-01

    We aimed to understand the setting and litigation outcomes of surgical fires and operative burns. Westlaw, an online legal research data-set, was utilized. Data were collected on patient, procedure, and case characteristics. One hundred thirty-nine cases were identified; 114 (82%) operative burns and 25 (18%) surgical fires. Median plaintiff (patient) age was 46 (IQR:28-59). Most common site of operative burn was the face (26% [n = 36]). Most common source of injury was a high energy device (43% [n = 52]). Death was reported in 2 (1.4%) cases. Plaintiff age <18 vs age 18-50 and mention of a non-surgical physician as a defendant both were shown to be independently associated with an award payout (OR = 4.90 [95% CI, 1.23-25.45]; p = .02) and (OR = 4.50 [95% CI, 1.63-13.63]; p = .003) respectively. Plaintiff award payment (settlement or plaintiff verdict) was reported in 83 (60%) cases; median award payout was $215,000 (IQR: $82,000-$518,000). High energy devices remain as the most common cause of injury. Understanding and addressing pitfalls in operative care may mitigate errors and potentially lessen future liability. III. Copyright © 2016 Elsevier Inc. All rights reserved.

  12. Marketing nutrition & health-related benefits of food & beverage products: enforcement, litigation & liability issues.

    Science.gov (United States)

    Roller, Sarah; Pippins, Raqiyyah

    2010-01-01

    Over the past decade, the liability risks associated with food and beverage product marketing have increased significantly, particularly with respect to nutrition and health-related product benefit claims. FDA and FTC enforcement priorities appear to have contributed to the increasing liability trends that are associated with these nutrition and health-related claims. This article examines key enforcement and litigation developments involving conventional food and beverage product marketing claims during the first 18 months of President Obama's administration: Part I considers FDA enforcement priorities and recent warning letters; Part II considers FTC enforcement priorities, warning letters, and consent orders; and Part III considers the relationship between FDA and FTC enforcement priorities and recent false advertising cases brought by private parties challenging nutrition and health-related marketing claims for food and beverage products. The article makes recommendations concerning ways in which food and beverage companies can help minimize liability risks associated with health-related marketing claims. In addition, the article suggests that federal policy reforms may be required to counter the perverse chilling effects current food liability trends appear to be having on health-related marketing claims for food and beverage products, and proposes a number of specific reforms that would help encourage the responsible use of well-substantiated marketing claims that can help foster healthy dietary practices. In view of the obesity prevention and other diet-related public health priorities of the Obama administration, the article suggests that this is an opportune time to address the apparent chilling effects increasing food liability risks are having on nutrition and health-related marketing claims for healthy food and beverage products, and potential adverse consequences for public health.

  13. Litigation in Obstetrics: a Lesson Learnt and a Lesson to Share

    Directory of Open Access Journals (Sweden)

    Min Min Chou

    2006-03-01

    Full Text Available A perfect baby is the expectation of all parents, and a perfect outcome is the mission of obstetrics. Every obstetrician dreads to hear that there is an unexpected maternal mortality and/or severe fetal injury at the hospital. The role of a perceived public expectation of perfection in obstetric medicine reflects a belief that bad outcomes in obstetrics should not be tolerated and that every maternal-fetal injury merits financial compensation and punishment. What has brought these troubling times to obstetric medicine? The drivers behind malpractice crises are the four leading interest groups in the medical-legal debate: pregnant patients and their environment (husband, parents, relatives, friends, legislators, and the media, health-care providers, insurance companies, and trial attorneys. Litigation in obstetrics is the result of a complex of events when malpractice (presumed or real impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medical-legal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with better communication with pregnant women. Communication should be clear, targeted, effective, flexible, and empathic to share a common language and decisions. This review briefly presents and discusses some of the most frequently encountered medical-legal claim cases in obstetric practice. In-depth review of pregnancy-related deaths and major morbidities can help determine strategies needed to continue making pregnancy safer.

  14. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  15. A comparison of medical litigation filed against obstetrics and gynecology, internal medicine, and surgery departments.

    Science.gov (United States)

    Hamasaki, Tomoko; Hagihara, Akihito

    2015-10-24

    The aim of this study was to review the typical factors related to physician's liability in obstetrics and gynecology departments, as compared to those in internal medicine and surgery, regarding a breach of the duty to explain. This study involved analyzing 366 medical litigation case reports from 1990 through 2008 where the duty to explain was disputed. We examined relationships between patients, physicians, variables related to physician's explanations, and physician's breach of the duty to explain by comparing mean values and percentages in obstetrics and gynecology, internal medicine, and surgical departments with the t-test and χ(2) test. When we compared the reasons for decisions in cases where the patient won, we found that the percentage of cases in which the patient's claim was recognized was the highest for both physician negligence, including errors of judgment and procedural mistakes, and breach of the duty to explain, in obstetrics and gynecology departments; breach of the duty to explain alone in internal medicine departments; and mistakes in medical procedures alone in surgical departments (p = 0.008). When comparing patients, the rate of death was significantly higher than that of other outcomes in precedents where a breach of the duty to explain was acknowledged (p = 0.046). The proportion of cases involving obstetrics and gynecology departments, in which care was claimed to be substandard at the time of treatment, and that were not argued as breach of a duty to explain, was significantly higher than those of other evaluated departments (p duty to explain had been breached when seeking patient approval (or not) was significantly higher than in other departments (p = 0.002). It is important for physicians working in obstetrics and gynecology departments to carefully explain the risk of death associated with any planned procedure, and to obtain genuinely informed patient consent.

  16. Fen-Phen Litigation Against American Home Products Corporation: The Widespread Use of Fenfluramine (Pondimin) and Dexfenfluramine (Redux) for Weight Loss, The Health Problems Associated with Those Drugs, the Resulting Litigation Against American Home Prod

    OpenAIRE

    Tragos, Camille N.

    2000-01-01

    The fen-phen affair has spawned thousands of lawsuits and a multitude of scientific studies concerning valvular heart disease. It has also led to a lively debate over off-label prescriptions, medical monitoring, and class actions. The proposed Settlement Agreement, while an attempt to put an end to the valvular litigation, will not be the end of the fen-phen affair. The Settlement Agreement has been widely criticized and plaintiffs' lawyers have indicated that there will be a large number of ...

  17. Winning From the Beginning: International Electronic Discovery in Commercial Litigation and the Home Field Advantage of American Corporations

    OpenAIRE

    Everson, Eric

    2013-01-01

    As technology is increasingly integrated into every aspect of the commercial environment, the amount of data generated from each transaction multiplies. Electronic discovery (eDiscovery) represents the collision of data and the law; in this paper, the powerful influence of the American judicial system is explored as it relates to the pursuit of digitally native file types for use in matters of litigation that transcend International borders. Home of the Silicon Valley, the world’s bigge...

  18. The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960-2006

    OpenAIRE

    Reiter, Keramet Ann

    2012-01-01

    Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival re...

  19. Traditional Knowledge and Social Science on Trial: Battles over Evidence in Indigenous Rights Litigation in Canada and Australia

    Directory of Open Access Journals (Sweden)

    Arthur J. Ray

    2015-05-01

    Full Text Available Traditional knowledge and oral traditions history are crucial lines of evidence in Aboriginal claims litigation and alternative forms of resolution, most notably claims commissions. This article explores the ways in which these lines of evidence pose numerous challenges in terms of how and where they can be presented, who is qualified to present it, questions about whether this evidence can stand on its own, and the problems of developing appropriate measures to protect it from inappropriate use by outsiders while not unduly restricting access by the traditional owners.

  20. The MMPI-2/MMPI-2-RF Symptom Validity Scale (FBS/FBS-r) is not a measure of 'litigation response syndrome': commentary on Nichols and Gass (2015).

    Science.gov (United States)

    Larrabee, Glenn J; Bianchini, Kevin J; Boone, Kyle B; Rohling, Martin L

    2017-11-01

    To address (1) Whether there is empirical evidence for the contention of Nichols and Gass that the MMPI-2/MMPI-2-RF FBS/FBS-r Symptom Validity Scale is a measure of Litigation Response Syndrome (LRS), representing a credible set of responses and reactions of claimants to the experience of being in litigation, rather than a measure of non-credible symptom report, as the scale is typically used; and (2) to address their stated concerns about the validity of FBS/FBS-r meta-analytic results, and the risk of false positive elevations in persons with bona-fide medical conditions. Review of published literature on the FBS/FBS-r, focusing in particular on associations between scores on this symptom validity test and scores on performance validity tests (PVTs), and FBS/FBS-r score elevations in patients with genuine neurologic, psychiatric and medical problems. (1) several investigations show significant associations between FBS/FBS-r scores and PVTs measuring non-credible performance; (2) litigants who pass PVTs do not produce significant elevations on FBS/FBS-r; (3) non-litigating medical patients (bariatric surgery candidates, persons with sleep disorders, and patients with severe traumatic brain injury) who have multiple physical, emotional and cognitive symptoms do not produce significant elevations on FBS/FBS-r. Two meta-analytic studies show large effect sizes for FBS/FBS-r of similar magnitude. FBS/FBS-r measures non-credible symptom report rather than legitimate experience of litigation stress. Importantly, the absence of significant FBS/FBS-r elevations in litigants who pass PVTs demonstrating credible performance, directly contradicts the contention of Nichols and Gass that the scale measures LRS. These data, meta-analytic publications, and recent test use surveys support the admissibility of FBS/FBS-r under both Daubert and the older Frye criteria.

  1. Litigation, Mass Media, and the Campaign to Criminalize the Firearms Industry

    Directory of Open Access Journals (Sweden)

    William T. Haltom

    2014-10-01

    Full Text Available This article extends the co-authors’ researches on mass media coverage of crusades against manufacturers and marketers of tobacco products in the United States to media coverage of similar crusades against manufacturers and marketers of firearms in the United States. The major contention of the article is that firearms-reformers have used civil suits and allied publicity outside courts to depict firearms producers and retailers as criminals. A major tactic that has unified reformers’ efforts inside and outside courts is deployment of crimtorts, civil litigation for torts that includes elements of criminal prosecution. Crimtorts and publicity through entertainment media enabled opponents of firearms companies to lose case after case yet to damage the reputations or brands of firearms makers and marketers. The firearms interests fended off crusaders in civil action after civil action yet became portrayed as outright criminals owing mostly to crimtorts. Este artículo amplia las investigaciones de los autores sobre la cobertura mediática de las cruzadas contra productores y vendedores de tabaco en los Estados Unidos hacia la cobertura mediática de cruzadas similares contra productores y vendedores de armas de fuego en Estados Unidos. El argumento principal del artículo sostiene que los que buscan la reforma de la legislación sobre armas de fuego han utilizado las demandas civiles y la publicidad externa a los tribunales para representar a los productores y vendedores de armas de fuego como criminales. Una táctica principal que ha unido los esfuerzos de los reformistas dentro y fuera de los tribunales es el uso de crimtorts, juicios civiles para acciones por responsabilidad civil extracontractual que incluyen elementos de procesos criminales. A pesar de perder caso tras caso, los crimtorts y la publicidad en los medios de entretenimiento permitió a los oponentes a las compañías armamentísticas perjudicar la reputación o las marcas de

  2. THE ADVERSARIAL SYSTEM AND THE BEST INTERESTS OF THE CHILD IN DIVORCE LITIGATION: SOME THOUGHTS REGARDING COLLABORATIVE LAW AS A MEANS TO RESOLVE PARENTAL DISPUTES

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2016-03-01

    Full Text Available In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered under upon divorce. Collaborative Law is suggested as a means to bear in mind. The fact that current practice of lawyer negotiations in respect of divorce is not too far removed from Collaborative Law may lead to practitioners readily accepting the concept.

  3. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Science.gov (United States)

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  4. The assault on bad food: tobacco-style litigation as an element of the comprehensive scheme to fight obesity.

    Science.gov (United States)

    Fehn, Jada J

    2012-01-01

    Obesity in the U.S. has reached epidemic proportions. A dilemma of this sort must be attacked with a comprehensive, multi-faceted scheme. Litigation against the companies providing dangerous food has been called trivial, but allowing market forces to regulate has proven ineffective. The history of tobacco litigation has revealed that industry is willing to ignore dangers, act solely in the interest of profit, and completely disregard public health. The notion that all consumers have enough information to make an autonomous choice and focus only on health when purchasing food borders is unrealistic. Legislatures, that will ignore the huge lobbying dollars spent by the food industry, and enact laws with only the public health of the citizenry in mind, fall in the same category of naivete. Corporations are obligated to shareholders, who are concerned universally with profits. To get the attention of food industry, it is necessary to hit them where they notice - in the wallet - by way of legal damage awards. The battle against bad food needs to be fought on every possible front and the courtroom should be one theater of combat. As evidence of fraudulent and deceptive industry practice is brought to light, state attorneys general have a responsibility to take the same course of action as tobacco, by filing fraud suits to recoup state funds spent on the negative health effects of the detrimental food.

  5. MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

    Science.gov (United States)

    Staudenmayer, Herman; Phillips, Scott

    2007-01-01

    Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

  6. Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority.

    Science.gov (United States)

    Ring, J; Talbot, C L; Clough, T M

    2014-11-01

    We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012. A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed. During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million. There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement. Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice. ©2014 The British Editorial Society of Bone & Joint Surgery.

  7. The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

    Science.gov (United States)

    Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

    2017-11-08

    Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

  8. Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

    NARCIS (Netherlands)

    Stulemeijer, M.; Andriessen, T.M.J.C.; Brauer, J.M.; Vos, P.E.; Werf, S.P. van der

    2007-01-01

    PRIMARY OBJECTIVE: To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. RESEARCH DESIGN: (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a

  9. Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

    Science.gov (United States)

    Grembi, Veronica; Garoupa, Nuno

    2013-10-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

  10. Tobacco industry use of personal responsibility rhetoric in public relations and litigation: disguising freedom to blame as freedom of choice.

    Science.gov (United States)

    Friedman, Lissy C; Cheyne, Andrew; Givelber, Daniel; Gottlieb, Mark A; Daynard, Richard A

    2015-02-01

    We examined the tobacco industry's rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase "personal responsibility" explicitly, but rather "freedom of choice." When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When used in the industry's public relations messages, it grounds its meaning in the concept of liberty and the right to smoke. The courtroom "blame rhetoric" has influenced the industry's larger public relations message to shift responsibility away from the tobacco companies and onto their customers. Understanding the rhetoric and framing that the industry employs is essential to combating this tactic, and we apply this comprehension to other industries that act as disease vectors.

  11. Learning from the Law. A review of 21 years of litigation for pain during caesarean section.

    Science.gov (United States)

    McCombe, K; Bogod, D G

    2018-02-01

    The large majority of caesarean sections in the UK are now carried out under neuraxial anaesthesia. Although this technique is widely accepted as being the safest option in most circumstances, the use of regional anaesthesia increases the risk of patients experiencing intra-operative discomfort or pain. Pain during operative obstetric delivery is the commonest successful negligence claim relating to regional anaesthesia against obstetric anaesthetists in the UK. In the following article, using a database of over 360 cases spanning 21 years, we break down and examine the recurrent components of medicolegal claims concerning pain during caesarean section and consider how anaesthetists might avoid litigation. © 2017 The Association of Anaesthetists of Great Britain and Ireland.

  12. Independent validation of the MMPI-2-RF Somatic/Cognitive and Validity scales in TBI Litigants tested for effort.

    Science.gov (United States)

    Youngjohn, James R; Wershba, Rebecca; Stevenson, Matthew; Sturgeon, John; Thomas, Michael L

    2011-04-01

    The MMPI-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) is replacing the MMPI-2 as the most widely used personality test in neuropsychological assessment, but additional validation studies are needed. Our study examines MMPI-2-RF Validity scales and the newly created Somatic/Cognitive scales in a recently reported sample of 82 traumatic brain injury (TBI) litigants who either passed or failed effort tests (Thomas & Youngjohn, 2009). The restructured Validity scales FBS-r (restructured symptom validity), F-r (restructured infrequent responses), and the newly created Fs (infrequent somatic responses) were not significant predictors of TBI severity. FBS-r was significantly related to passing or failing effort tests, and Fs and F-r showed non-significant trends in the same direction. Elevations on the Somatic/Cognitive scales profile (MLS-malaise, GIC-gastrointestinal complaints, HPC-head pain complaints, NUC-neurological complaints, and COG-cognitive complaints) were significant predictors of effort test failure. Additionally, HPC had the anticipated paradoxical inverse relationship with head injury severity. The Somatic/Cognitive scales as a group were better predictors of effort test failure than the RF Validity scales, which was an unexpected finding. MLS arose as the single best predictor of effort test failure of all RF Validity and Somatic/Cognitive scales. Item overlap analysis revealed that all MLS items are included in the original MMPI-2 Hy scale, making MLS essentially a subscale of Hy. This study validates the MMPI-2-RF as an effective tool for use in neuropsychological assessment of TBI litigants.

  13. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe: An analysis of the Provisions in the New Zimbabwean Constitution

    Directory of Open Access Journals (Sweden)

    Lovemore Chiduza

    2016-05-01

    Full Text Available Zimbabweans have been both victims of and witnesses to serious human rights violations over the years. Though there is wide agreement and speculation that the state and its agencies are the perpetrators of these atrocities, they have largely remained unprosecuted and unpunished. Such impunity is inter alia the result of ineffective law enforcement mechanisms and institutions as well as the lack of capacity and legal knowledge of victims to approach the courts and seek redress. These factors negatively affected the protection of human rights and access to justice in Zimbabwe. Although the Lancaster House Constitution contained a Declaration of Rights, its enforcement mechanisms, particularly those relating to locus standi (legal standing, posed a great challenge to human rights litigation in Zimbabwe. This is so because the Lancaster House Constitution adopted the traditional common law approach to standing. Under this approach it was required that an individual must have a "personal, direct or substantial interest" in a matter in order to have standing. The Lancaster House Constitution failed to recognise the importance of broader rules of standing, which would accommodate public interest litigation, specifically for protecting human rights. Contrary to this, the new Constitution of Zimbabwe (2013 broadens the rules of standing in order to enhance access to the courts. This paper analyses the new approach to standing under the new constitutional dispensation in Zimbabwe. To this end, the discussion commences with an elucidation of the concept of locus standi and its link to access to justice. This is followed by an analysis of locus standi under the Lancaster House Constitution. Since the new approach in Zimbabwe is greatly informed by the South African approach to locus standi, a brief analysis of standing in South Africa is made. The paper concludes with a discussion of the approach to locus standi under the new constitution with a view to

  14. Rights, Regulation and Bureaucratic Impact: The Impact of Human Rights Litigation on the Regulation of Informal Trade in Johannesburg

    Directory of Open Access Journals (Sweden)

    Marius Pieterse

    2017-01-01

    Full Text Available In contemplating the extent to which rights-based litigation is conducive to positive social change, attention ought to be paid to the bureaucratic impact of court judgments that vindicate rights against the State. As a case study of such impact, this article considers the effects of human rights litigation on the regulation of informal trade in the City of Johannesburg, where a 2013 attempt by local government to clamp down on informal trade in the central business district (CBD led to high-profile court action. After describing and problematising the City's general approach to managing informal trade, the article focuses on "Operation Clean Sweep", which aimed to rid much of the CBD of informal traders and became the focal point of rights-based resistance. It then briefly describes the constitutional and jurisprudential framework within which the legal challenge to "Operation Clean Sweep" was to be decided, before critically discussing the judgment of the Constitutional Court in South African Informal Traders Forum v City of Johannesburg 2014 4 SA 371 (CC, which effectively halted "Operation Clean Sweep" by interdicting the City from removing traders from their places of business. The article then proceeds to consider the aftermath of the judgment, and assesses its impact on the City's informal trade policy and urban management practices, as well as on the broader regulatory and political environment around street trade in South African cities. The article shows that the bureaucratic impact of the judgment has, at best, been mixed, and that the judgment has not been entirely successful in disrupting the legal and bureaucratic mindsets, frameworks and processes that simultaneously create, exacerbate and unsuccessfully attempt to address the "unmanageability" of street trade in Johannesburg.

  15. “Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

    Directory of Open Access Journals (Sweden)

    Alex J. Luchenitser

    2016-09-01

    Full Text Available Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any, and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.

  16. Perception de la notion de litige sportif par les acteurs du mouvement sportif camerounais : entre et lueurs et leurres

    Directory of Open Access Journals (Sweden)

    Romuald Dey Yelem Franck

    2016-01-01

    L'intérêt de cette communication sera de donner le contenu des notions de litige sportif et contentieux électoral et les différentes positions en présence et voir comment les acteurs du mouvement sportif en ont fait une appréhension erronée. Il va aussi permettre à travers la jurisprudence qui est source de droit de trancher définitivement cette équivoque.

  17. A relevância dos precedentes na análise econômica da litigância: um estudo de Law and Finance

    Directory of Open Access Journals (Sweden)

    João Máximo Rodrigues Neto

    2016-05-01

    Full Text Available Tendo em vista que os litigantes agem conforme agentes econômicos, no sentido de que decidem pelo ajuizamento ou não de demandas em virtude do seu custo/benefício, o presente trabalho tem como escopo analisar os custos envolvidos em um processo judicial e como um sistema de precedentes vinculantes pode auxiliar na minoração destes prejuízos, ao mesmo tempo que desestimula a litigância.

  18. The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

    Science.gov (United States)

    Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

    2016-09-01

    Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

  19. The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

    Science.gov (United States)

    Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

    2016-01-01

    Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

  20. Mitigating Litigating: An Examination of Psychosocial Impacts of Compensation Processes Associated with the 2010 BP Deepwater Horizon Oil Spill.

    Science.gov (United States)

    Ritchie, Liesel A; Gill, Duane A; Long, Michael A

    2018-01-31

    During the past four decades, a number of social science scholars have conceptualized technological disasters as a social problem. More specifically, research in this arena has identified individual and collective stress as a secondary trauma of processes intended to provide compensation and economic relief from disasters in general and, more specifically, technological disasters. Based on data from a 2013 household telephone survey of 1,216 residents of coastal Alabama, this article examines the relationship between psychosocial stress and compensation processes related to the 2010 BP Deepwater Horizon oil spill. We examine involvement with claims, settlement, and litigation activities; vulnerability and exposure to the spill; ties to resources; resource loss and gain; perceptions of risk and recreancy; and intrusive stress and avoidance behaviors as measured by the impact of event scale. Regression analysis reveals that the strongest contributors to intrusive stress were being part of the compensation process, resource loss, concerns about air quality, and income. Although being involved with compensation processes was a significant predictor of avoidance behaviors, the strongest contributors to avoidance behaviors were resource loss, air quality concern, income, being male, minority status, and community attachment. Beliefs that the compensation process was as distressing as the oil spill also significantly contributed to intrusive stress and avoidance behaviors. This research represents a step toward filling a gap in empirical evidence regarding the extent to which protracted compensation processes exacerbate adverse psychosocial impacts of disasters and hinder community recovery. © 2018 Society for Risk Analysis.

  1. Litigating the right to health: what can we learn from a comparative law and health care systems approach.

    Science.gov (United States)

    Flood, Colleen; Gross, Aeyal

    2014-12-11

    This article presents research demonstrating that the right to health plays different roles in different types of health systems. In high-income countries with tax-funded health systems, we usually encounter a lack of an enforceable right to heath. In contrast, rights play a more significant role in social health insurance/managed competition systems (which are present in a mixture of high-income and middle-income countries). There is concern, for example in Colombia, that a high volume of rights litigation can challenge the very sustainability of a public health care system and distort resources away from those most in need. Finally, in middle-income countries with big gaps between a poor public health system and a rich private one, we are more likely to find an express constitutional right to health care (or one is inferred from, for example, the right to life). In some of these countries, constitutional rights were included as part of the transition to democracy and an attempt to address huge inequities within society. Here the scale of health inequities suggests that courts need to be bolder in their interpretation of health care rights. We conclude that in adjudicating health rights, courts should scrutinize decision-making through the lens of health equity and equality to better achieve the inherent values of health human rights. Copyright © 2014 Gross and Flood. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  2. The clinician impact and financial cost to the NHS of litigation over pregabalin: a cohort study in English primary care.

    Science.gov (United States)

    Croker, Richard; Smyth, Darren; Walker, Alex J; Goldacre, Ben

    2018-06-07

    Following litigation over pregabalin's second-use medical patent for neuropathic pain, National Health Service (NHS) England was required by the court to instruct general practitioners (GPs) to prescribe the branded form (Lyrica) for pain. Pfizer's patent was found invalid in 2015, a ruling subject to ongoing appeals. If the Supreme Court appeal in February 2018, whose judgement is awaited, is unsuccessful, the NHS can seek to reclaim excess prescribing costs. We set out to describe the variation in prescribing of pregabalin as branded Lyrica, geographically and over time; to determine how clinicians responded to the NHS England instruction to GPs; and to model excess costs to the NHS attributable to the legal judgements. English primary care. English general practices. Variation in prescribing of branded Lyrica across the country before and after the NHS England instruction, by practice and by Clinical Commissioning Group; excess prescribing costs. The proportion of pregabalin prescribed as Lyrica increased from 0.3% over 6 months before the NHS England instruction (September 2014 to February 2015) to 25.7% afterwards (April to September 2015). Although 70% of pregabalin is estimated to be for pain, including neuropathic pain, only 11.6% of practices prescribed Lyrica at this level; the median proportion prescribed as Lyrica was 8.8% (IQR 1.1%-41.9%). If pregabalin had come entirely off patent in September 2015, and Pfizer had not appealed, we estimate the NHS would have spent £502 million less on pregabalin to July 2017. NHS England instructions to GPs regarding branded prescription of pregabalin were widely ignored and have created much debate around clinical independence in prescribing. Protecting revenue from 'skinny labels' will pose a challenge. If Pfizer's final appeal on the patent is unsuccessful, the NHS can seek reimbursement of excess pregabalin prescribing costs, potentially £502 million. © Article author(s) (or their employer(s) unless

  3. Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

    Science.gov (United States)

    Stulemeijer, Maja; Andriessen, Teuntje M J C; Brauer, Jolanda M P; Vos, Pieter E; Van Der Werf, Sieberen

    2007-03-01

    To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a cohort of 618 consecutive MTBI patients aged 18-60, who attended the emergency department of our level I trauma centre. Effort was tested with the Amsterdam Short Term Memory test. Thirty patients (27%) failed the effort test. Poor effort was associated with significantly poorer scores on seven out of eleven measures, covering all tested domains. Poor effort was associated with lower educational level and changes in work status, but not litigation. Furthermore, poor effort was related to high levels of distress, Type-D personality and fatigue. Even in a sample of non-referred MTBI patients, poor effort was common and was strongly associated with inferior test performance. These findings imply that effort testing should be part of all cognitive assessments, also outside mediolegal settings. Behavioural factors like distress and personality should be considered as potential threats to the validity of neuropsychological testing after MTBI.

  4. [A systematic review of decided litigated cases on adverse drug events in Japan: classification of decided cases appearing in law reports].

    Science.gov (United States)

    Eguchi, Rika; Kato, Masahisa; Kaneko, Erina; Kusaba, Kenji; Yoshikawa, Manabu; Yamano, Toru; Seo, Takashi; Hagihara, Akihito

    2015-01-01

    Much of the damage to health caused by drugs could be prevented by appropriate care. A well-defined duty of care and further information are required for healthcare professionals. Although there are many litigation cases to use as references, neither the extent of the duty of care nor the obligation to explain medication according to the type of drug prescribed has yet been fully established. Thus, we systematically collected decided cases of adverse drug events, and assessed the degree of the duties of care and information. Specifically, we collected decided cases in which physicians, dentists, pharmacists, nurses, or hospitals had been sued. Data were derived from Bessatsu Jurist Iryo-kago Hanrei Hyakusen, Hanrei Jihou, and Hanrei Times from 1989 to November 2013, and information on precedents in the records of the Supreme Court of Japan from 2001 to November 2013. We analyzed the cases, and assessed the following according to the type of drug: (1) standards and explanations when dealing with drugs that were critical issues in litigation, and (2) the degree of the physician's or pharmacist's duties of care and information. In total, 126 cases were collected. The number of drug categories classified was 27, and 9 were considered of practical importance. After this systematic review, we found a trend in the degree of the required level of care and information on several drugs. With respect to duties of care and information, the gap between the required level and actual practice suggests that healthcare professionals must improve their care and explanations.

  5. Defensive Federal Litigation

    Science.gov (United States)

    1998-08-20

    requires that all affirmative defenses be pleaded in the answer. The rule lists 19 specific affirmative defenses, such as estoppel , laches, res judicata...Brown, 22 F.3d 516 (2d Cir. 1994); Poole v. Rourke, 779 F. Supp. 1546 (E.D. Cal. 1991). 3-40 potential collateral estoppel .4. effect of the district...the back pay claim, which was over $10,000, to the Court of Claims. The court of appeals found that ൸Collateral estoppel prohibits relitigation of

  6. Litigations in diagnostic radiology

    International Nuclear Information System (INIS)

    Patil, Ranjit

    2014-01-01

    There are various regulatory bodies at the international and national level, which lay down norms for radiation protection. These are the International Commission for Radiation Protection (ICRP) the National Commission for Radiation Protection (NCRP) in America, and the Atomic Energy Regulatory Board (AERB) in India. These bodies recommend norms on various radiation issues. Radiography and radiology are two key tools for diagnosing and treating diseases. Recently there are concerns about the effect of ionizing radiation on man and the frequent use of diagnostic radiographs. The professionals are expected to conduct their actions according to guidelines which reflect new information and changing technology in diagnostic radiography. Failure to do so may have severe legal consequences. Patient protection is a matter of normal course but knowledge and awareness of the legal issues is important to avoid legal hassles. Implications of the radiation protection guidelines are discussed. (author)

  7. Book review: Inside the Equal Access to Justice Act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats

    Science.gov (United States)

    Organ, John F.

    2016-01-01

    Inside the Equal Access to Justice Act is authored by Lowell E. Baier, an attorney, political scientist, and historian whose conservation portfolio includes the J. N. “Ding” Darling Conservation Award from the National Wildlife Federation (2016), Citizen Conservationist Award from the Association of Fish and Wildlife Agencies (2013), Conservationist of the Year Award from Outdoor Life magazine (2010), and Conservationist of the Year Award from the National Fish and Wildlife Foundation (2008). In the book, Baier stresses the need to reform the Equal Access to Justice Act (EAJA) because of unintended provisions that incentivize and reward environmental litigants for filing suit against federal regulatory and land management agencies, consequentially hindering pro-active, cooperative, conservation efforts. The book is the culmination of several years of legal research, case history analyses, and personal interviews with several key individuals from congress, conservation management agencies, and non-government organizations.

  8. Legal consequences of nuclear accidents and shutdowns. Regulatory matters. Private litigation matters. Transcript of proceedings, held in Hershey, Pennsylvania, July 27-28, 1979

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    Four months after the Three Mile Island-2 accident, the Pennsylvania Law Journal assembled many of the most prominent attorneys with experience in nuclear power issues to discuss and explore some of the questions confronting lawyers and their clients affected by the nation's worst civilian nuclear accident. It is significant that the conference was held in Hershey, Pennsylvania, seven miles from Harrisburg, the State Capitol, and 15 miles from Three Mile Island. The conference focused on the legal issues, of rates, used and useful, and cost of replacement energy; and the litigation issues - extraordinary nuclear occurrence, theories of liability, and damages. The audience also had a need to discuss the future of Federal regulation as well as the issues of most immediate concern

  9. A story of scrutiny and fear: Australian midwives' experiences of an external review of obstetric services, being involved with litigation and the impact on clinical practice.

    Science.gov (United States)

    Hood, Laraine; Fenwick, Jennifer; Butt, Janice

    2010-06-01

    to describe Australian midwives' experiences of an external review of obstetric services, involvement in legal proceedings and the impact on midwives' clinical practice and personal wellbeing. the external review process (commonly referred to as the 'Douglas Inquiry') was initiated by a state government and was in response to hospital staff and consumer complaints that focused on anomalies in client care and a significantly high rate of adverse outcomes and clinical errors. It took place within the context of a number of legal proceedings against medical practitioners. As a result, some midwives employed by the hospital were called to give evidence at a variety of legal forums. a qualitative study using an explorative descriptive design. Snowball sampling was used to invite 16 Australian midwives to participate in a tape-recorded interview. Thematic analysis and the techniques associated with constant comparison were used to analyse the data. Australian maternity tertiary referral centre. the analysis identified two overarching themes, 'A story of scrutiny' and 'A story of fear', each with a number of subthemes. 'A story of scrutiny' consists of three subthemes. 'A cloak and dagger affair' reflects the midwives' sense of being and feeling 'exposed' and 'vulnerable' whilst simultaneously being 'kept in the dark' and uninformed during the review process. The subtheme 'Being thrown to the wolves' describes the midwives' experiences of being involved, as witnesses, in medico-legal proceedings. The third subtheme, 'The Inquiry followed them home' outlines the effect on midwives' emotional wellbeing and personal relationships. The second major theme, 'A story of fear' again consists of a number of subthemes. 'Feeling unsafe at work: a culture of fear' describes the midwives' experiences of working within an environment they perceive as driven by the fear of litigation. In order to protect themselves and maintain a sense of control, the midwives adopted a number of

  10. Bridging international law and rights-based litigation: mapping health-related rights through the development of the Global Health and Human Rights Database.

    Science.gov (United States)

    Meier, Benjamin Mason; Cabrera, Oscar A; Ayala, Ana; Gostin, Lawrence O

    2012-06-15

    The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes. Copyright © 2012 Meier, Nygren

  11. The Limitation of the Media's Supervision upon Civil Litigation under the Context of"Three Opens"%“三公开”背景下媒体对民事诉讼监督的有限性

    Institute of Scientific and Technical Information of China (English)

    鄢焱

    2015-01-01

    Media's supervision upon justice has already become a normality .Civil litigation has three distinct characteristics-the peculi-arity of the disputes to be solved , more respect of the parties'autonomy of will as well as the comparative gentleness of the disposition which are quite different from criminal litigation and administrative litigation .So if media carries out an excessive supervision upon civil litigation, on one hand it might offend parties'privacy, on the other hand , it might also unjustifiably interfere with the performance of the power of trial .Based on the great context of "three opens"of justice and under the prerequisite that it is necessary to undertake media supervision upon civil litigation , we should on one hand rationally limit the interview and report to the case fact by the medias , and on the other hand absolutely forbid the unjustifiable interference on the disposition of the case by medias , thus to establish a limited supervision mechanism based on the positive interaction between media supervision and civil litigation .%媒体对司法进行监督已经成为一种常态。民事诉讼,因其解决的纠纷具有特定性、更为尊重当事人的意思自治以及处理结果相对柔和等三个异于刑事诉讼和行政诉讼的特质,如果媒体对其进行过度监督,一方面可能侵犯当事人的隐私,另一方面也可能会不当干涉审判权的行使。基于司法“三公开”的大背景,我们在肯定媒体对民事诉讼进行监督具有必要性的前提下,一方面要合理限制媒体对案件事实的采访报道,另一方面要绝对禁止媒体对案件处理结果的不当干预,从而构建一种媒体监督与民事诉讼良性互动的有限监督机制。

  12. A Model for Developing a Coparenting Relationship After Protracted Litigation: The Case of Antonia, a 14-Year-Old Caught in the Crossfire.

    Science.gov (United States)

    Rotter, Annette

    2016-05-01

    Research has consistently documented long-term negative effects of high-conflict divorce on children's mental health. Court-issued custody and visitation judgments require parental collaboration, yet it is often challenging for parents to shift their interactions from acrimonious to cooperative, leaving children at increased risk for further exposure to conflict. Clinicians have developed strategies that help parents reduce conflict and increase coparenting skills after divorce. In this work, therapists integrate an empathic, active clinical stance and incorporate parenting education and skill building to help shift parents from a relationship marked by conflict to collaboration. A clinical case study provides an illustration of the steps involved in engaging a highly reactive and acrimonious mother and father in a Coparenting Treatment after prolonged litigation. It traces specific changes the parents implemented during 2 years of monthly sessions and the positive effects on the family system, including both the daughter's relationship to each parent and the parents' capacity to cooperate on her behalf. © 2016 Wiley Periodicals, Inc.

  13. "I Don't Know That I've Ever Felt Like I Got the Full Story": A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases.

    Science.gov (United States)

    Person, Cara J; Moracco, Kathryn E Beth; Agnew-Brune, Christine; Bowling, J Michael

    2018-01-01

    One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges' decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

  14. Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin litigation.

    Science.gov (United States)

    Vedula, S Swaroop; Goldman, Palko S; Rona, Ilyas J; Greene, Thomas M; Dickersin, Kay

    2012-08-13

    Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin, Pfizer, Inc.): migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court's findings).We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings); and where and when findings should be published and by whom. We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000) adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial findings would be presented or published; how publication of

  15. Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin® litigation

    Directory of Open Access Journals (Sweden)

    Vedula S

    2012-08-01

    Full Text Available Abstract Background Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin®, Pfizer, Inc.: migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. Methods We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court’s findings. We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings; and where and when findings should be published and by whom. Results We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000 adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial

  16. Implementation of a publication strategy in the context of reporting biases. A case study based on new documents from Neurontin® litigation

    Science.gov (United States)

    2012-01-01

    Background Previous studies have documented strategies to promote off-label use of drugs using journal publications and other means. Few studies have presented internal company communications that discussed financial reasons for manipulating the scholarly record related to off-label indications. The objective of this study was to build on previous studies to illustrate implementation of a publication strategy by the drug manufacturer for four off-label uses of gabapentin (Neurontin®, Pfizer, Inc.): migraine prophylaxis, treatment of bipolar disorders, neuropathic pain, and nociceptive pain. Methods We included in this study internal company documents, email correspondence, memoranda, study protocols and reports that were made publicly available in 2008 as part of litigation brought by consumers and health insurers against Pfizer for fraudulent sales practices in its marketing of gabapentin (see http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=saris/pdf/ucl%20opinion.pdf for the Court’s findings). We reviewed documents pertaining to 20 clinical trials, 12 of which were published. We categorized our observations related to reporting biases and linked them with topics covered in internal documents, that is, deciding what should and should not be published and how to spin the study findings (re-framing study results to explain away unfavorable findings or to emphasize favorable findings); and where and when findings should be published and by whom. Results We present extracts from internal company marketing assessments recommending that Pfizer and Parke-Davis (Pfizer acquired Parke-Davis in 2000) adopt a publication strategy to conduct trials and disseminate trial findings for unapproved uses rather than an indication strategy to obtain regulatory approval. We show internal company email correspondence and documents revealing how publication content was influenced and spin was applied; how the company selected where trial findings would be presented or

  17. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction......Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction...

  18. Negligence, genuine error, and litigation

    OpenAIRE

    Sohn DH

    2013-01-01

    David H SohnDepartment of Orthopedic Surgery, University of Toledo Medical Center, Toledo, OH, USAAbstract: Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort syst...

  19. Negligence, genuine error, and litigation

    Directory of Open Access Journals (Sweden)

    Sohn DH

    2013-02-01

    Full Text Available David H SohnDepartment of Orthopedic Surgery, University of Toledo Medical Center, Toledo, OH, USAAbstract: Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system.Keywords: medical malpractice, tort reform, no fault compensation, alternative dispute resolution, system errors

  20. Negligence, genuine error, and litigation

    Science.gov (United States)

    Sohn, David H

    2013-01-01

    Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system. PMID:23426783

  1. Litigation After Nasal Plastic Surgery

    Directory of Open Access Journals (Sweden)

    Ebrahim Razmpa

    2011-03-01

    Full Text Available Introduction: Esthetic surgeries are among the commonest medical procedures in the world nowadays; and as statistics declare, there has been a rapid increase in the rate of rhinoplasty during the recent years. Hence, as the number of cosmetic surgeries rises, the increment in the number of physicians being sued is quite inevitable; either due to complication in rhinoplasties or even inability to fulfill the patients’ expectations. This article aims to clarify the aspects of causes leading to these legal claims. Materials and Methods: We designed a retrospective study according to the available files in the Iranian Organization for Forensic Medicine in which physicians were sued for the outcomes of rhinoplasty through the years 2004 to 2010. In addition, information on the patients’ demographic data, surgeons’ specialty and experience, and method of anesthesia were also collected. Results: One hundred twenty six patients entered the study among which 77 (61% were female and 49 (39% male. Mean age was obtained as 26.9 ± 7.7yrs. Up to 79.4% of patients had complaints concerning the cosmetic outcomes, 39.7% with respiratory and 4.8% with olfactory problems. The reason to sue the physician had a significant relationship with the patients’ age and sex, and also with the surgeons’ experience. Conclusion: There are multiple reasons impelling the patients to sue surgeons after rhinoplasty, some are related to physicians’ malpractice and some to the patients’ social and personal circumstances.

  2. Litigation After Nasal Plastic Surgery

    Science.gov (United States)

    Razmpa, Ebrahim; Saedi, Babak; Safavi, Amin; Shahsavari, Ebrahim; Arvin Sazgar, Amir; Massihi, Farzaneh; Tofighi, Hasan

    2011-01-01

    Introduction: Esthetic surgeries are among the commonest medical procedures in the world nowadays; and as statistics declare, there has been a rapid increase in the rate of rhinoplasty during the recent years. Hence, as the number of cosmetic surgeries rises, the increment in the number of physicians being sued is quite inevitable; either due to complication in rhinoplasties or even inability to fulfill the patients’ expectations. This article aims to clarify the aspects of causes leading to these legal claims. Materials and Methods: We designed a retrospective study according to the available files in the Iranian Organization for Forensic Medicine in which physicians were sued for the outcomes of rhinoplasty through the years 2004 to 2010. In addition, information on the patients’ demographic data, surgeons’ specialty and experience, and method of anesthesia were also collected. Results: One hundred twenty six patients entered the study among which 77 (61%) were female and 49 (39%) male. Mean age was obtained as 26.9 ± 7.7yrs. Up to 79.4% of patients had complaints concerning the cosmetic outcomes, 39.7% with respiratory and 4.8% with olfactory problems. The reason to sue the physician had a significant relationship with the patients’ age and sex, and also with the surgeons’ experience. Conclusion: There are multiple reasons impelling the patients to sue surgeons after rhinoplasty, some are related to physicians’ malpractice and some to the patients’ social and personal circumstances. PMID:24303371

  3. Litigation After Nasal Plastic Surgery

    OpenAIRE

    Razmpa, Ebrahim; Saedi, Babak; Safavi, Amin; Shahsavari, Ebrahim; Arvin Sazgar, Amir; Massihi, Farzaneh; Tofighi, Hasan

    2011-01-01

    Introduction: Esthetic surgeries are among the commonest medical procedures in the world nowadays; and as statistics declare, there has been a rapid increase in the rate of rhinoplasty during the recent years. Hence, as the number of cosmetic surgeries rises, the increment in the number of physicians being sued is quite inevitable; either due to complication in rhinoplasties or even inability to fulfill the patients’ expectations. This article aims to clarify the aspects of causes leading ...

  4. A judicialização da saúde e os novos desafios da gestão da assistência farmacêutica Health litigation and new challenges in the management of pharmaceutical services

    Directory of Open Access Journals (Sweden)

    Vera Lúcia Edais Pepe

    2010-08-01

    Full Text Available Os desafios para a gestão da assistência farmacêutica (AF provocados pelo fenômeno da judicialização da saúde vêm exigindo um tipo de atuação do gestor, administrativa e judicialmente diferenciada, no sentido de responder às ordens judiciais, evitar o crescimento de novas demandas, bem como preservar os princípios e as diretrizes do Sistema Único de Saúde (SUS. Este artigo se propõe a avançar na compreensão de um dos aspectos da judicialização da saúde, representado pelo intenso uso da via judicial para fornecimento de medicamentos, em especial, a relação deste mecanismo com a gestão da AF no SUS. A partir de revisão e análise das pesquisas disponíveis, realizadas em estados e municípios brasileiros, são abordados os principais elementos de interferência da "judicialização de medicamentos" no ciclo da AF, explicitando características comuns e divergentes desta demanda. Aponta, ao final, mecanismos possíveis de serem adotados na tomada de decisão neste âmbito, pelos gestores e profissionais do sistema de justiça, uma vez que a efetivação do direito à saúde só se realizará se no momento da tomada de decisão forem adotadas medidas, tanto por parte da gestão da AF como do Poder Judiciário, que certifiquem a segurança e a proteção dos usuários.Health litigation spurs many challenges in the management of pharmaceutical services. Performance of health managers and decisionmakers must be adjusted to new administrative and legal boundaries. Their actions must also be efficient in responding to ongoing lawsuits, as well as in avoiding additional litigation and in upholding principles and directives of the Brazilian Health System (SUS. This paper proposes to better understand one of the aspects of health litigation, namely the growing use of lawsuits demanding medicines, and the relationship between this phenomenon and pharmaceutical services management in SUS. Through review and analysis of available

  5. 我國智慧財產訴訟中專利權無效抗辯趨勢報導 The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

    Directory of Open Access Journals (Sweden)

    陳群顯 Chun-Hsien Chen

    2007-06-01

    Full Text Available 我國智慧財產民事訴訟中,以往囿於「公、私法訴訟二元制」之體系設計,被告即便認為原告所主張之智慧財產權有無效的理由,亦僅能循行政救濟的途徑主張,並無法直接於民事訴訟中直接提起智慧財產權無效抗辯,造成民事訴訟程序之延滯等不便。我國預計於2007 年間設立智慧財產法院,而該法院之設立對於我國智慧財產案件之爭訟將產生巨大而直接之影響,而攸關該法院成敗之主要關鍵⎯⎯「智慧財產法院組織法」及「智慧財產案件審理法」等二法案,業已送立法院進行審查。其中「智慧財產案件審理法」已 於2007 年1 月9 日經立法院三讀通過,「智慧財產法院組織法」亦已於2007 年3 月5 日經立法院三讀通過。「智慧財產案件審理法」中一項劃時代的變革,即是在第16 條第1 項規定:「當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者,法院應就其主張或抗辯有無理由自為判斷」,易言之,該法條規定將直接改變目前我國「公、私法訴訟二元制」的現狀,對於專利訴訟當事人間自產生重大之影響,然依據該法案之規定,是否確能達到立法者之目的?以及是否需要有其他配套制度?本文將介紹我國智慧財產訴訟中 專利權無效抗辯相關制度沿革,並嘗試提供分析意見,同時就目前各國相關專利訴訟制度之設計,提供分析及建議。 In the past, the defendant of intellectual property (IP litigation cannot raise the defense of patent invalidity in the civil litigation. The defendant can only file an invalidity action against the IP at issue. Such judicial system design delays the proceeding of the civil litigation of the IP infringement. The IP Court is proposed to be established in 2007. The establishment of the IP Court will change the current court proceeding of the intellectual

  6. Contenciosos brasileiros na Organização Mundial do Comércio (OMC: pauta comercial, política e instituições Brazil litigation in the WTO: trade mix, politics and institutions

    Directory of Open Access Journals (Sweden)

    Daniel Arbix

    2008-12-01

    Full Text Available O presente estudo busca analisar a formulação da política comercial brasileira, de relevância e complexidade crescentes, no caso das demandas brasileiras ao Órgão de Solução de Controvérsias (OSC da Organização Mundial do Comércio (OMC. Examina-se a centralização de tal política no Poder Executivo com foco em seus processos decisórios, a partir do contexto econômico e político pertinente para a seleção das demandas apresentadas a tal mecanismo de solução de controvérsias. Além de se perscrutar o funcionamento da Câmara de Comércio Exterior (Camex e sua interação com outros órgãos estatais, investiga-se a dinâmica da condução dos contenciosos e de suas repercussões na agenda comercial da OMC. Constata-se que, à margem do desenho institucional focalizado na Camex, a escolha das demandas responde à pauta comercial e ao impacto nas negociações internacionais do país, acompanhando a pauta de exportação e os principais parceiros comerciais do Brasil, no marco da Rodada Doha da OMC. Marcadas por constrangimentos internos e externos, portanto, as estratégias sobre litígios comerciais internacionais demandam transparência e cooperação aperfeiçoadas com o setor privado.This study seeks to analyze Brazil's foreign trade policy, which is of growing importance and complexity, in the particular case of litigation with the WTO's Dispute Settlement Body. Such policy centralization with the Executive Branch is examined with focus on the decision making processes, with grounds on the political and economical context relevant to the selection of disputes to be initiated with the mentioned dispute settlement mechanism. Brazilian Chamber of Foreign Commerce (Camex's operations are scrutinized, as well as its interactions with other state bodies, which is followed by an investigation of the dynamics of the disputes' conduction and their repercussion on the WTO's trade agenda. Perceived results are that, despite decisions

  7. judicial attitude to environmental litigation and access

    African Journals Online (AJOL)

    OLAWUYI

    2011-08-04

    Aug 4, 2011 ... A critical analysis of the NESREA Act and selected environmental statutes ..... 1988, an old tree fell on the defendant/appellant's oil pipeline and indented it. The ..... the material issues over and over in each individual action.

  8. Clean air litigation; Klagen fuer Saubere Luft

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2016-11-11

    The pollution of air by nitrogen dioxide (NO{sub 2}) in cities is one of the central challenges of air pollution in Germany, in addition to the pollution of particulate matter (PM10). In cooperation with the British non-governmental organization ClientEarth, the German Environmental Aid (DUH) filed a lawsuit in November 2015 for exceeding air quality limits for NO{sub 2}. The cities of Stuttgart, Frankfurt, Duesseldorf, Essen, Gelsenkirchen, Aachen, Cologne and Bonn are affected. Here, citizens are constantly exposed to high air pollution. Because of the excess of the NO{sub 2} limits at all traffic-related measuring stations in Berlin, the DUH initiated legal steps and filed a lawsuit too in June 2016. With the lawsuits, DUH wants to promote the implementation of measures to reduce NO{sub 2} in Germany. [German] Die Belastung der Luft durch Stickstoffdioxid (NO{sub 2}) in Staedten ist neben der Belastung durch Feinstaub (PM10) eine der zentralen Herausforderungen der Luftreinhaltung in Deutschland. In Zusammenarbeit mit der britischen Nichtregierungsorganisation ClientEarth legte die Deutsche Umwelthilfe (DUH) im November 2015 Klage wegen Ueberschreitung der Luftqualitaetsgrenzwerte fuer NO{sub 2}ein. Betroffen sind die Staedte Stuttgart, Frankfurt, Duesseldorf, Essen, Gelsenkirchen, Aachen, Koeln und Bonn. Hier sind Buergerinnen und Buerger anhaltend zu hoher Luftverschmutzung ausgesetzt. Wegen Ueberschreitung der NO{sub 2}-Grenzwerte an allen verkehrsnahen Messstationen in Berlin hat die DUH im Juni 2016 auch hier rechtliche Schritte eingeleitet und Klage eingereicht. Mit den Klagen will die DUH die Umsetzung von Massnahmen zur NO{sub 2}-Reduktion in Deutschland voranbringen.

  9. 34 CFR 674.46 - Litigation procedures.

    Science.gov (United States)

    2010-07-01

    ... borrower has income from wages or salary which may be garnished under applicable State law sufficient to... Government; or (B) Secured by collateral of reasonably equivalent value; or (ii) Invested in low-risk income...

  10. Hanford Task Force: Collaboration over litigation

    International Nuclear Information System (INIS)

    Shorett, A.; Ross, W.R.

    1994-01-01

    At a number of USDOE sites around the country, USDOE and the regulators who oversee its sites have negotiated agreements that govern the cleanup of hazardous and/or radioactive contamination. Historically, these agreements have been hammered out in protracted and difficult inter-agency negotiations, behind closed doors. When the agencies have finally emerged to announce their hard-won agreements, the response from interested parties and the public has all too often ranged from lukewarm acceptance to severe criticism. The negotiations that led to the 1989 signing of Hanford's Tri-Party Agreement, officially known as the Hanford Federal Facility Agreement and Consent Order, as well as subsequent negotiated modifications to that Agreement, followed this pattern of closed-door agency negotiation, followed by a strategy of ''announce and defend.'' However, Hanford's latest Tri-Party Agreement negotiations, concluded with a signing ceremony on January 25, 1994, are persuasive evidence that a different approach can yield much more satisfying results -- for the agencies, for affected and interested parties, and for the public. The purpose of this paper is to give a brief description of that approach which can be a useful model for other USDOE sites that face similar negotiations

  11. Surrogacy litigation in China and beyond.

    Science.gov (United States)

    Ding, Chunyan

    2015-02-01

    Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.

  12. Surrogacy litigation in China and beyond

    OpenAIRE

    Ding, Chunyan

    2015-01-01

    Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Ch...

  13. 32 CFR 516.23 - Litigation reports.

    Science.gov (United States)

    2010-07-01

    ... results of an administrative claim. If the action is predicated on the Federal Tort Claims Act, include a... relevant issues such as measure of damages, scope of employment, effect of contributory negligence, or...

  14. Medical Malpractice Litigation Following Arthroscopic Surgery.

    Science.gov (United States)

    Shah, Kalpit N; Eltorai, Adam E M; Perera, Sudheesha; Durand, Wesley M; Shantharam, Govind; Owens, Brett D; Daniels, Alan H

    2018-04-10

    Our study aims to analyze a variety of factors involving malpractice lawsuits following arthroscopy, focusing on reasons for lawsuit and establishing predictors for the outcome of the lawsuit. Two legal databases, VerdictSearch and Westlaw, were queried for arthroscopic cases in adult patients. For all included cases, clinical and demographic data were recorded. The effects of plaintiff demographics, joint involved, lawsuit allegation, case ruling, and size of indemnity payments were assessed. Of the 240 included cases, 62 (26%) resulted in plaintiff verdict, 160 (67%) resulted in defense verdict, and 18 (8%) were settled without trial. Plaintiff demographics (age and sex) had no effect on the case ruling. There was no statistical difference between indemnity awards for plaintiff verdicts ($1,013,494) and settled cases ($848,331; P = .13). Patient death was noted in 20 cases (8.3%); a significantly higher proportion of these cases were settled versus went to trial (P = .0022), including 19 patients (95%) who had knee arthroscopy and 16 deaths (80%) resulting from a pulmonary embolus. Plaintiff verdict or settlement were seen significantly more frequently for vascular complications and wrong-sided surgery. Alternatively, defense verdicts followed lawsuits alleging surgeon technical error. Wrong-sided surgery, retained instruments, deep venous thrombosis, and postoperative infections were seen at a significantly higher proportion after knee arthroscopy than after arthroscopy of other joints. Similarly, neurological injury was significantly associated with elbow and hip arthroscopy, while allegations of technical error by the surgeon and block-related complications were associated with shoulder arthroscopy. Plaintiff verdict or settlement were seen for vascular complications and wrong-sided surgery, while defense verdicts followed lawsuits alleging surgeon technical error and block-related complications. We also identified types of allegations that were associated with arthroscopy of different joints. All but one case of patient death (20 cases) were noted to involve knee arthroscopy, and an overwhelming majority resulted due to a pulmonary embolism. This information helps the arthroscopic surgeon better counsel patients and employ strategies to mitigate preventable complications. Level IV, case series. Copyright © 2018 Arthroscopy Association of North America. Published by Elsevier Inc. All rights reserved.

  15. Litigations and the Obstetrician in Clinical Practice

    African Journals Online (AJOL)

    2016 Annals of Medical and Health Sciences Research | Published by Wolters Kluwer - Medknow. Address for ... Review involves a literature search on the internet in relevant journals, textbooks, and .... 1; sub-section 2 (c) of the Medical and Dental Practitioners ..... Council for International Organizations of Medical.

  16. Public Interest Environmental Litigation in Ethiopia ...

    African Journals Online (AJOL)

    Yenehun Birlie

    purpose of this article is to examine the legal and policy frameworks for PIEL ... individual firms can and cannot do (enforced by the threat of penalties for non- ... participation, deliberative styles of decision-making, adaptation and learning. ...... powers and its implications for the judiciary in Ethiopia”, Journal of Eastern African.

  17. Endangered Species Litigation and Associated Pesticide Limitations

    Science.gov (United States)

    EPA has been subject to several citizen suits. As a result we have conducted scientific assessments and made effects determinations for various pesticide products as related to specific species of concern.

  18. Handicapped Litigation: A Review of Significant Decisions.

    Science.gov (United States)

    Bowen, John W.

    Since 1979 many courts have handed down rulings in favor of handicapped children under the Education of the Handicapped Act. This twentieth chapter in a book on school law summarizes these cases. In "Kruelle v. Biggs," the court ruled that a school district must provide residential placement free of charge if such placement is necessary…

  19. 论代孕子女监护权的归属以法规出发型诉讼为视角%The Attribution of Guardianship for Surrogate Children From the Perspective of the“Action from Norm”Litigation

    Institute of Scientific and Technical Information of China (English)

    谢文哲; 刘正川

    2016-01-01

    代孕引发的监护权纠纷,揭示了法律的安定性结构和正义之间的冲突,但正义必须以法规作为基础,也应符合法律规范。以诉讼的出发点的不同可将诉讼划分为法规出发型和事实出发型,大陆法系的诉讼属于前者,英美法系的诉讼属于后一类型。我国法律制度无疑为大陆法系的成文法法律制度,因此,诉讼的出发点只能是现行法的有效规范。在解决因代孕引发的监护权纠纷时,不得以道德的、个人或阶层的正义观念替代法律规定,必须依照法律的规定予以裁决。就本文案例而言,依照儿童利益最大化原则的法律规定予以裁决,可既不破坏法律的安定性,也可以实现个案的正义。%Guardianship dispute raised by surrogacy reveals conflict between stability structure of law and justice. But justice must be based on laws and regulations and it should accord with legal norm. According to the different starting point of litigation, there are the law-driven stand and the fact-driven stand. And the litigation of civil law system belongs to the former and the common law system belongs to the latter. There is no doubt that legal system in our country is the statute law system of the civil law system;therefore, the starting point of litigation is only on the basis of current laws and regulations. The solution of the custody disputes raised by surrogacy should not be based on the idea of ethics, or individual or hierarchical justice but on the legal rule. It is necessary to adjudicate according to the laws. Cases in this paper, with the requirements of maximizing the interests of children, can be solved without breaking the law stability, and by achieving individual justice.

  20. Do falls and falls-injuries in hospital indicate negligent care -- and how big is the risk? A retrospective analysis of the NHS Litigation Authority Database of clinical negligence claims, resulting from falls in hospitals in England 1995 to 2006.

    Science.gov (United States)

    Oliver, D; Killick, S; Even, T; Willmott, M

    2008-12-01

    Accidental falls are very common in older hospital patients -- accounting for 32% of reported adult patient safety incidents in UK National Health Service (NHS) hospitals and occurring with similar frequency in settings internationally. In countries where the population is ageing, and care is provided in inpatient settings, falls prevention is therefore a significant and growing risk-management issue. Falls may lead to a variety of harms and costs, are cited in formal complaints and can lead to claims of clinical negligence. The NHS Litigation Authority (NHSLA) negligence claims database provides a novel opportunity to systematically analyse such (falls-related) claims made against NHS organisations in England and to learn lessons for risk-management systems and claims recording. To describe the circumstances and injuries most frequently cited in falls-related claims; to investigate any association between the financial impact (total cost), and the circumstances of or injuries resulting from falls in "closed" claims; to draw lessons for falls risk management and for future data capture on falls incidents and resulting claims analysis; to identify priorities for future research. A keyword search was run on the NHSLA claims database for April 1995 to February 2006, to identify all claims apparently relating to falls. Claims were excluded from further analysis if, on scrutiny, they had not resulted from falls, or if they were still "open" (ie, unresolved). From the narrative descriptions of closed claims (ie, those for which the financial outcome was known), we developed categories of "principal" and "secondary" injury/harm and "principal" and "contributory" circumstance of falls. For each category, it was determined whether cases had resulted in payment and what total payments (damages and costs) were awarded. The proportions of contribution-specific injuries or circumstances to the number of cases and to the overall costs incurred were compared in order to identify

  1. Winning at litigation through decision analysis creating and executing winning strategies in any litigation or dispute

    CERN Document Server

    Celona, John

    2016-01-01

    This book is the first in-depth guide to applying the philosophy, theory, and methods of decision analysis to creating and executing winning legal strategies. With explanations that progress from introductory to advanced and practice problems at the end of each chapter, this is a book the reader will want to use and refer to for years to come. Practicing decision analysts, operations research and management science students, attorneys and law students will find this book an invaluable addition to their knowledge and skills. John Celona has over three decades of experience in teaching and applying decision analysis. John lectures in the School of Engineering at Stanford University and is on faculty at The Stanford Center for Professional Development, the American Course on Drug Development and Regulatory Sciences, and the Academy of the American Society for Healthcare Risk Management.

  2. O perfil de casais que vivenciam divórcios consensuais e litigiosos: uma análise das demandas judiciais El perfil de las parejas que experimentan divorcios consensuales y litigiosos: un análisis de los litigios The profile of couples who experience consensual divorces and litigation: an analysis of lawsuits

    Directory of Open Access Journals (Sweden)

    Eliana Piccoli Zordan

    2012-08-01

    divorcio puede ser considerado como una crisis vital contemporánea y demanda de los profesionales una mayor complejidad en sus intervenciones tanto de orden jurídico como psicológico en el fenómeno.This study aimed to identify the reasons, circumstances and consequences of marital dissolution from records in legal proceedings. A documentary analysis of 152 marital dissolutions archived from 1992 to 2006 in the Forum of a city in RS was performed. There was a descriptive and discriminant analysis of the data. The most cited reasons relate to marital conflict in its different hues and intensities. As for the outcome, it was found that 46.7% of cases were consensual, 30.9 % litigation, 22.4% abandoned the lawsuit or have reconciled. The profile of the couples is mainly discriminated by socioeconomic level in relation to consensual processes or litigation. Consensual separations are more common in low socioeconomic levels and litigation in high. Data indicate that divorce may be considered a contemporary life crisis that demands more complexity of professionals in their interventions both legal and psychological phenomenon.

  3. Litigios por derecho a la salud en tres países de América Latina: revisión sistemática de la literatura Right-to-health litigation in three Latin American countries: a systematic literature review

    Directory of Open Access Journals (Sweden)

    Ludovic Reveiz

    2013-03-01

    . Los estudios incluidos muestran las debilidades de los sistemas de salud para garantizar el acceso a los distintos servicios así como para la incorporación de las nuevas tecnologías sanitarias.OBJECTIVE: Identify and evaluate studies that analyzed characteristics of right-to-health litigation in Brazil, Colombia, and Costa Rica. METHODS: Studies were evaluated that analyzed characteristics of right-to-health litigation identified through a search of PubMed, LILACS, Cochrane Library, and Scirus (April 2012. Two reviewers evaluated the studies. Variables collected were, among others, grounds for litigation, proportion of lawsuits for benefits covered by the health system, and lawsuits on high-cost technologies. RESULTS: Thirty studies were identified (Brazil 19, Colombia 10, and Costa Rica 1. Judgments were frequently in favor of plaintiffs: Colombia (75%-87%, Costa Rica (89.7%, and Brazil (70%-100%. In Colombia, lawsuits were filed for benefits included in the Compulsory Health Plan (range: 41%-69.9%. In Brazil there was considerable variation in the amount of lawsuits between the Exceptional Circumstance Drug Dispensing Program (13%-31% and basic medicines in the Unified Health System (approximately 50%. Lawsuits on drugs varied as a percentage of all lawsuits (Colombia 11.9%-35.6%, Costa Rica 30.2%, and Brazil 49.6%. A study in Brazil found a statistically significant difference when comparing lawsuits on exceptional drugs versus all other drugs, by social class; and in another study, according to lawsuits from municipalities with better socioeconomic indicators. A concentration of lawsuits on drug prescribing by a limited group of physicians was reported. Prescribing was not always supported by scientific evidence. Another study found that in half of the cases, the cost of legal proceedings was higher than the cost of the services being claimed. CONCLUSIONS: There are similarities in the grounds, nature, and impact of litigation in the context of the countries

  4. Radiation litigation: Quality assurance and the radiation analyst

    International Nuclear Information System (INIS)

    Jose, D.E.

    1986-01-01

    This paper touches on three areas of interest to the radiation analyst; the dose issue, legal persuasion, and future legal issues. While many laboratory scientists would think that the actual dose received by the plaintiff's relevant organ would be an easy issue to resolve, that has not been the experience to date. All radiation cases are assumed to be ultrahazardous activity cases, even though they involve a dose well below yearly natural background. At some point the law needs to realize that such low dose cases are a waste of scarce judicial resources. Lawyers and scientists need to communicate with each other and work together to help improve the way the legal system processes these important cases

  5. Cross-Border Patent Infringement Litigation within the European Union

    NARCIS (Netherlands)

    Kant, Michael Christian Alexander

    2015-01-01

    In our modern industrial society, intellectual property (IP) rights, and in particular patents, constitute for many companies and individuals the essential basis for their business activity. In light of this, adequate protection of IP rights is of crucial importance for such entities. Within the

  6. Cross-Border Patent Infringement Litigation within the European Union

    OpenAIRE

    Kant, Michael Christian Alexander

    2015-01-01

    In our modern industrial society, intellectual property (IP) rights, and in particular patents, constitute for many companies and individuals the essential basis for their business activity. In light of this, adequate protection of IP rights is of crucial importance for such entities. Within the European legal framework, the Brussels Ibis Regulation provides for specific rules with regard to cross-border patent infringement proceedings which however contain considerable deficiencies when it c...

  7. Medical information therapy and medical malpractice litigation in ...

    African Journals Online (AJOL)

    2013-11-01

    Nov 1, 2013 ... Instead, the study proposed the concept of medical information therapy – an .... practitioner's obligations, patient autonomy and self-determination ..... Handbook – Guidelines for Good and Ethical Practice in Medicine,.

  8. Some aspects of education litigation since 1994: Of hope, concern ...

    African Journals Online (AJOL)

    Hennie

    the people, and sometimes deliberately transgressed prescripts and provisions, abandoning its mandate to ... accompanied by the establishment of a new education dispensation to redress the malaises of the past, and make ... in education, their tangible influence on the ... They acted as amici curiae (friends of the court).

  9. Oral Law in Litigation in South Africa: An Evidential Nightmare?

    African Journals Online (AJOL)

    MJM Venter

    2017-10-26

    Oct 26, 2017 ... Customary law is a collective term for the variant of legal systems applicable ... The process of the recognition of customary law5 as a legal system worthy ... For a general overview of the historical development, see the South .... customary law because living customary law is difficult to teach for a number of.

  10. The legislative and litigation history of special education.

    Science.gov (United States)

    Martin, E W; Martin, R; Terman, D L

    1996-01-01

    Between the mid 1960s and 1975, state legislatures, the federal courts, and the U.S. Congress spelled out strong educational rights for children with disabilities. Forty-five state legislatures passed laws mandating, encouraging, and/or funding special education programs. Federal courts, interpreting the equal protection and due process guarantees of the Fourteenth Amendment to the U.S. Constitution, ruled that schools could not discriminate on the basis of disability and that parents had due process rights related to their children's schooling. Congress, in legislation now retitled the Individuals with Disabilities Education Act (IDEA), laid out detailed procedural protections regarding eligibility for special educational services, parental rights, individualized education programs (IEPs), the requirement that children be served in the least restrictive environment, and the need to provide related (noneducational) services. Decisions on instructional matters such as curricula and the elements of the IEP remain the province of local and state authorities. Advocates for students with disabilities have continually sought separate (categorical) funding for special education services. Current movements toward block grants rather than categorical programs and toward greater inclusion of special education students in general education classrooms raise concerns in some quarters about whether students with disabilities will continue to have full access to the special services they need. While the cost of special services may be an unexpressed criterion in many decisions made by school districts, nowhere does the IDEA explicitly allow cost to be considered. Where a service is necessary for an individual child, cost considerations would not allow a school district to escape its obligations to the child. However, in instances where more than one appropriate configuration of services is available to meet a child's needs, the school district may be allowed to consider the cost of different alternatives.

  11. International Civil Litigation and the Pollution of the Marine Environment

    NARCIS (Netherlands)

    F.G.M. Smeele (Frank)

    2009-01-01

    textabstractWhenever a major accident occurs to a ship – whether a fire or an explosion on board of the ship, or a collision with another ship, or the ship running aground or sinking and becoming a wreck – it is likely that this casualty will result in considerable physical damage to the ship and

  12. LAW ENFORCEMENT ON TAXATION THROUGH NON LITIGATION MECHANISM (AN ALTERNATIVE

    Directory of Open Access Journals (Sweden)

    Zainal Muttaqin

    2015-10-01

    Full Text Available The Attorney General can discontinue the investigation to the default tax obligor together with the imposition of four times of outstanding fines. That are raises the issues concerning the nature of the crimes of the tax obligor. This happens because with the payment of the tax debt, the loss suffered by the state as the element of crime, the crimes seemed to be inexistence. This research was an empirical-juridical one. The aim of the research was to find a model of legal enforcement in tax matters without the court involvement. Jaksa Agung dapat menghentikan penyidikan terhadap wajib pajak apabila wajib pajak tersebut membayar pajak yang terutang beserta denda 4 (empat kali jumlah pajak yang tidak/kurang dibayar. Hal tersebut menimbulkan persoalan mengenai akibat hukumnya terhadap sifat perbuatan pidana yang dilakukan wajib pajak mengingat dengan pelunasan pajak tersebut, kerugian negara sebagai unsur tindak pidana tidak terjadi. Penelitian ini merupakan penelitian yuridis empiris dengan tujuan menemukan model penegakan hukum di bidang pajak tanpa melalui proses pengadilan.

  13. Litigation against dermatosurgeons and cosmetologists and consumer protection act

    Directory of Open Access Journals (Sweden)

    Neerja Puri

    2013-01-01

    Full Text Available The concept of beauty has acquired new dimensions due to the increasing awareness in general public about the aesthetic procedures. The problems between the patient and the cosmetologists arise when the patients expectations become very high and unrealistic. The classical concept of doctor – patient relationship born in the golden days of family physicians has undergone drastic change due to dramatic advancement in medical technology, availability of sophisticated imaging system, high tech electronics and preponderance of new diseases. However, the accountability of the doctors under the law of professional negligence has emerged as a debatable issue among the medical fraternity all over the country after the enactment of the consumer protection act, 1986, which has not only changed the law of medical negligence1, but created an inexpensive and speedy remedy against medical malpractice.

  14. Risk Management and Litigation Avoidance in Outdoor Recreation Programming.

    Science.gov (United States)

    Hanna, Glenda

    This paper reviews aspects of Canadian and U.S. law related to liability and negligence of outdoor programs and suggests strategies for risk management. To prove negligence, an individual injured in an outdoor program must prove that the outdoor leader had a duty of care to the participant, standards of care were breached, actual injury was…

  15. Litigation, legislation and lasers: the enrichment year in review

    International Nuclear Information System (INIS)

    Wolf, W.H.; Blumenthal, A.E.

    1987-01-01

    The buyer's market of today will continue, and buyer confidence and independence will probably grow. The emergence of indigenous suppliers and the expiration of long-term contracts could result in primary suppliers offering more and more of their excess capacity on the secondary market. But US legal and legislative complications could introduce a number of important caveats about what form or origin or quantity of material can be enriched by the largest enrichment supplier and for the largest single market. (author)

  16. The administrative contract asimilated to administrative acts in administrative litigation

    Directory of Open Access Journals (Sweden)

    Silvia GORIUC

    2018-03-01

    Full Text Available An administrative contract is the will between a public authority either a person empowe¬red by it, and one or more natural or legal persons, whether private or public, pursuing the realization of a public interest and to which a special scheme of administrative law applies. The typology of administrative contracts is very varied, depending on the evolution of the society’s needs. Thus, they are currently included in the category of administrative contracts: concession contracts and public procurement contracts, contracts for the use of public goods, public management contracts, public-private partnership contracts, public lending contracts and constitutive documents of the associative structures of public authorities.

  17. Page PROBLEMS OF LITIGATION IN SETTLEMENT OF MARITIME

    African Journals Online (AJOL)

    Fr. Ikenga

    2013-08-01

    Aug 1, 2013 ... Maritime activities constitute a vital sector of the Nigerian economy. ... facilities also include ports, and inland waterways of about three thousand kilometres. ... such as charter parties, bills of lading, sale of ships, ship financing, ...

  18. Public Interest Environmental Litigation: Recent Cases Raise Possible Obstacles

    Directory of Open Access Journals (Sweden)

    M Kidd

    2010-12-01

    Full Text Available Despite the broadening of locus standi in environmental cases by both Section 38 of the Constitution of the Republic of South Africa, 1996, and Section 32 of the National Environmental Management Act 107 of 1998, two recent cases suggest that the preconstitutional approach to locus standi still holds sway in our Courts. Moreover, failure to recognise the environmental right in Section 24 of the Constitution may be an impediment to applicants' ability to bring an interdict application successfully. Correct use of the relevant constitutional provisions ought to obviate such problems, but alternatives are suggested. In the course of the article, it is suggested that the rule in Patz v Greene is no longer relevant and should be consigned to the history books.

  19. Strengthening Locus Standi in Human Rights Litigation in Zimbabwe ...

    African Journals Online (AJOL)

    MJM Venter

    2016-05-30

    May 30, 2016 ... approach is likely to impact on the right to access to justice and human rights protection. 2. Locus standi ... Committee on Economic, Social and Cultural Rights General Comment 9: The. Domestic .... animosity towards an accused, in bad faith and without any warrant, were to rule that the question raised by ...

  20. 45 CFR 1386.25 - Allowable litigation costs.

    Science.gov (United States)

    2010-10-01

    ... lawsuits in its own right to redress incidents of abuse or neglect, discrimination and other rights..., DEVELOPMENTAL DISABILITIES PROGRAM FORMULA GRANT PROGRAMS State System for Protection and Advocacy of the Rights...

  1. The high cost of clinical negligence litigation in the NHS.

    Science.gov (United States)

    Tingle, John

    2017-03-09

    John Tingle, Reader in Health Law at Nottingham Trent University, discusses a consultation document from the Department of Health on introducing fixed recoverable costs in lower-value clinical negligence claims.

  2. Medico-legal litigation: Balancing spiralling costs with fair ...

    African Journals Online (AJOL)

    2015-05-02

    May 2, 2015 ... 8, No. 1 SAJBL. Ames Dhai. Editor amaboo.dhai@wits.ac.za. A Medico Legal Summit was convened by the National. Minister of Health, Dr Aaron Motsoaledi, on 9 and 10 ... of preventable harm at healthcare facilities when managing patients there. Patient safety is a component of good quality healthcare.

  3. Unscientific health practice and disciplinary and consumer protection litigation.

    Science.gov (United States)

    Freckelton, Ian

    2011-06-01

    Evidence-based health care is expected of their practitioners by contemporary health professions. This requires health care to have a foundation in scholarly literature and to have a scientifically valid methodology. However, there are many instances of registered and unregistered practitioners either providing assessment and treatment that does not conform to such requirements or making representations about likely efficacy that are unjustifiable by reference to peer-reviewed clinical knowledge. Sometimes such conduct is predatory and deliberately exploitative; other times it is simply misconceived on the part of practitioners who regard themselves as medical pioneers. This editorial situates such conduct within unscientific and unorthodox health practice. It surveys recent consumer protection and disciplinary decisions to evaluate the role of the law in regulating such conduct. It argues in favour of an assertive legal response to protect vulnerable patients or potential patients against forms of treatment and promises of outcomes that are unscientific and deceptive.

  4. Chapter 4: the litigation: getting on the policy agenda

    Energy Technology Data Exchange (ETDEWEB)

    Hazell, S.

    1999-11-01

    The legal and political aspects of the construction of two flood control dams in Saskatchewan are described. There is a contrast drawn between the environmental and the developmental benefits aspects of the dam construction. The various organizations and personalities that were drawn into the struggle over the dam construction are mentioned, especially the role of the Canadian Wildlife Federation. A further contrast is drawn between the ideologies of the opposing parties, especially the `single vision and Newton`s sleep` of the conservative elements supporting the dam construction vs. the environmental-aesthetic view of their opponents. The single mindedness of the dam supporters is stressed, often in the face of laws and the legal process. The roles of the U.S. Army Corp. of Engineers is mentioned, resort to the courts to slow down the dam construction is described and the role of the Canadian federal government in light of the controversy over the dam is discussed. The legal aspects of the dam construction are noted, with the eventual passage of the Canadian Environmental Assessment Act.

  5. The MMPI-2 in sexual harassment and discrimination litigants.

    Science.gov (United States)

    Long, Barbara; Rouse, Steven V; Nelsen, R Owen; Butcher, James N

    2004-06-01

    In order to understand patterns of respondents on validity and clinical scales, this study analyzed archival Minnesota Multiphasic Personality Inventory 2s (MMPI-2s) produced by 192 women and 14 men who initiated legal claims of ongoing emotional harm related to workplace sexual harassment and discrimination. The MMPI-2s were administered as a part of a comprehensive psychiatric forensic evaluation of the claimants' current psychological condition. All validity and clinical scale scores were manually entered into the computer, and codetype and cluster analyses were obtained. Among the women, 28% produced a "normal limits" profile, providing no MMPI-2 support for their claims of ongoing emotional distress. Cluster analysis of the validity scales of the remaining profiles produced four distinctive clusters of profiles representing different approaches to the test items. Copyright 2004 Wiley Periodicals, Inc.

  6. International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

    NARCIS (Netherlands)

    H. van Lith (Hélène)

    2009-01-01

    textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

  7. Much Ado about Little – : Privately Litigated Internet Disconnection Injunctions

    NARCIS (Netherlands)

    Husovec, Martin; Peguera, Miquel

    2015-01-01

    In this article we examine the legal framework of the European Union for injunctions against intermediaries whose services are used by a third party to infringe an intellectual property right, as set forth in the InfoSoc Directive and the Enforcement Directive. In particular, we consider the

  8. Judicial attitude to environmental litigation and access to ...

    African Journals Online (AJOL)

    This has heightened militancy and youths' restiveness in the area leading to loss of revenues and sometimes lives. The paper notes with concern the recent trend of outsourcing justice, as evident in attempts to bring environmental pollution cases in Nigeria before domestic courts abroad. For example the celebrated case of ...

  9. Cause and Prevention of Playground Injuries and Litigation; Case Studies.

    Science.gov (United States)

    Frost, Joe L.; Sweeney, Theodora B.

    This study examined 187 playground injuries and 13 fatalities that resulted in lawsuits between 1981 and 1995, taken from the files of two expert witnesses on playground safety who testified in the cases. The data are presented by geographic location, nature of injuries, cause of injuries/fatalities, playground equipment implicated, location of…

  10. Litigation Technical Support and Services, Rocky Mountain Arsenal

    Science.gov (United States)

    1989-05-01

    34 d V) W C > - d) 4- -~ 0 - - .4 ..- di L *..L 3~1 3-~ v mi a- a t - --- w- Vdi 4 - ý 0 -4 0 m~ -j m0 m’ .- us 0 Ill i to -v .4 I 4 1 t A ~ 3Ul t -4...2060. Marlow, D. J. 1979g, November 8. Pest control report, October 1979. Rocky Mountain Arsenal. Microfilm RMA182, Franes 2048 -2053 Marlow, D. J

  11. Dispute Resolution in Special Education: An Introduction to Litigation Alternatives.

    Science.gov (United States)

    Goldberg, Steven S.; Huefner, Dixie Snow

    1995-01-01

    Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need for mediation or adversarial processes.…

  12. "Health care litigation: the arbitration alternative for dispute resolution.".

    Science.gov (United States)

    Barnett, M R

    1989-01-01

    In the recent case of Gross v. Recabaren, the California Court of Appeal issued a decision favorable to physicians on the question of a patient's ability to bind his or her spouse to arbitrate claims for loss of consortium.

  13. 48 CFR 3452.242-70 - Litigation and claims.

    Science.gov (United States)

    2010-10-01

    ... proceed with the defense of the action in good faith. (e) To the extent not in conflict with any... compensated by insurance that was required by law, regulation, contract clause, or other written direction of... ACQUISITION REGULATION CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and...

  14. Electronic Commerce – An International Phenomenon, Generating Commercial Litigations

    Directory of Open Access Journals (Sweden)

    Angelica Roşu

    2012-05-01

    Full Text Available Although the e-commerce boom of the past few years has produced plenty of satisfied e-shoppersand successful Web-based companies, many consumers and businesses are left wondering where they can goto resolve their online disputes. The legal system (such as the court system and classical arbitration cannoteffectively respond to the challenges posed by conducting electronic commerce and this paper is proposed toanalyse the types of disputes that can arise from those e-commerce operations. The aim of this approach isrepresented by our attempt to explain why conflict resolution cannot be reasonably accomplished usingtraditional legal system and consequently the measures that have been taken by the international bodies tofacilitate consumers' right to a fair and effective trial services.

  15. Lessons on the Right to Health Litigation and MDGS for ...

    African Journals Online (AJOL)

    mobilization are important lessons for implementing health related SDGs in South ... 6 on availability and sustainable management of water and sanitation, Goal 12 on ..... Equally, that the decision will contribute positively in benchmarking the.

  16. Editorial: Medico-legal Litigation: Balancing Spiralling Costs with ...

    African Journals Online (AJOL)

    South African Journal of Bioethics and Law. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 1 (2015) >. Log in or Register to get access to full text downloads.

  17. 論美國專利訴訟之專家證人資格―以美國聯邦巡迴上訴法院與聯邦證據規則第702條有關之判決為中心 Qualification of Expert Witnesses in United States Patent Litigation: A Review of Federal Circuit Case Law Regarding Rule 702 of the Federal

    Directory of Open Access Journals (Sweden)

    陳秉訓 Ping-Hsun Chen

    2014-06-01

    Full Text Available 專家證人在美國專利訴訟中扮演重要的角色。專利訴訟常涉及技術議題,需要技術專家的參與來幫助解釋請求項或協助陪審團瞭解專利技術或侵權物。當處理可專利性爭點時,技術專家則是事實認定者很好的顧問。此外,賠償金計算需要產業或財務會計理論等知識。賠償金專家必須參與,以能讓金錢式賠償的爭議得以處理。雖然專家證人的角色重要,但對相關判例法的研究不是很多,特別是針對證人資格或證詞採納等議題。因此,本文在探討巡迴上訴法院針對該類議題之判例。美國專利法並無著墨專家證人之規範,而相關議題主要是聯邦證據規則第702 條所主導。在本文中,首先分析 與第702 條解釋有關之司法意見,包括三件聯邦最高法院判決和幾件巡迴上訴法院判決。接著,本文著重在討論二類專家證人(技術專家和賠償金專家)之相關判決。第702 條要求專家必須具有「科學的、技術的、或特殊的知識」,但由地方法院的法官來裁定是否要准予或排除專家證人或意見作為 證據。此外,對於地院的裁定,巡迴上訴法院的審查基準是「裁量權之濫用」。因而,地院法官有很大的裁量空間。本文亦對相關判決進行分析,並整理相關法理原則。 Expert witnesses serve an important role in United States patent litigation. Patent litigation often involves complex technological issues. Technical experts are needed to help a judge interpret claim language or to assist a jury to understand patented technology or infringing products. When resolving the patentability issues, such as anticipation and obviousness, technical experts are good consultants for factfinders. Additionally, damages calculation requires knowledge of industries and financial or accounting theories. Damages experts must get in to resolve the issues of

  18. Mock Trials versus Management or Litigation-Driven Models of Business Law Instruction

    Science.gov (United States)

    Gershuny, Pamela; McAllister, Charles; Rainey, Carolyn

    2012-01-01

    This study was designed to gain a greater understanding of the learning outcomes associated with the mock trial as an active teaching method. Participating in a product liability mock trial presents students with the complex interplay of administrative regulations and common law. As in real life, the harsh constraints of time pressures, less than…

  19. REASON-GIVING IN COURT PRACTICE: THE EXAMPLE OF FRENCH IMMIGRATION LITIGATION

    Directory of Open Access Journals (Sweden)

    Mathilde Cohen, Columbia Law School-School of Law, Estados Unidos

    2012-10-01

    Full Text Available Abstract: This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals?  Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further their career goals. In the second case, reasons go beyond democracy because judges’ ambitions are much greater than to merely provide petitioners with a ground for understanding and criticizing the decision: they aim at positively—and paternalistically in some instances—guiding people’s conduct.  The discussion proceeds by drawing attention to social aspects that are often neglected in theoretical discussions on reason-giving. A skeptical conclusion is suggested: one can rarely guarantee that any predetermined value will be achieved by the giving of reasons. The degree to which individuals are empowered by the reasons given to them is dependent on the way in which decision-givers envision their reason-giving activity, and this representation is itself conditioned by the social setting of the court. Keywords: Arbitrariness. Reason-giving. Judges.

  20. Lessons Learned from Litigation: Legal and Ethical Consequences of Social Media.

    Science.gov (United States)

    Brous, Edie; Olsen, Douglas P

    2017-09-01

    Editor's note: To the surprise of many, a Canadian nurse's Facebook post complaining about the medical care a family member had received resulted in disciplinary action by the licensing board. We asked our legal and ethical contributing editors to provide some insight on the issues of this case.

  1. 32 CFR 516.65 - Litigation reports in civil recovery cases.

    Science.gov (United States)

    2010-07-01

    ...) False Claims Act, 31 USC 3729. (2) Anti-Kickback Act, 41 USC 51. (3) Sherman Act, 15 USC 1-7. (4) Racketeer Influenced and Corrupt Organizations Act, 18 USC 1961-1968. (5) Common law fraud. (6) Unjust... of interest statute, 18 USC 218. See K&R Engineering Co. v. United States, 616 F.2d 469 (Ct. Cl...

  2. A Social Science Review of Evidence Cited in Litigation on Corporal Punishment in the Schools.

    Science.gov (United States)

    Hyman, Irwin A.

    In the case of Ingraham vs. Wright, the United States Supreme Court ruled that under the eighth amendment school children do not have constitutional protection from the use of corporal punishment. The majority decision relies heavily on assumptions concerning the tradition and effectiveness of the use of corporal punishment in education. In an…

  3. Scientific Evidence for the Addictiveness of Tobacco and Smoking Cessation in Tobacco Litigation

    Directory of Open Access Journals (Sweden)

    Sungwon Roh

    2018-01-01

    Full Text Available Smokers keep smoking despite knowing that tobacco claims many lives, including their own and others’. What makes it hard for them to quit smoking nonetheless? Tobacco companies insist that smokers choose to smoke, according to their right to self-determination. Moreover, they insist that with motivation and willpower to quit smoking, smokers can easily stop smoking. Against this backdrop, this paper aims to discuss the addictive disease called tobacco use disorder, with an assessment of the addictiveness of tobacco and the reasons why smoking cessation is challenging, based on neuroscientific research. Nicotine that enters the body via smoking is rapidly transmitted to the central nervous system and causes various effects, including an arousal response. The changes in the nicotine receptors in the brain due to continuous smoking lead to addiction symptoms such as tolerance, craving, and withdrawal. Compared with other addictive substances, including alcohol and opioids, tobacco is more likely to cause dependence in smokers, and smokers are less likely to recover from their dependence. Moreover, the thinning of the cerebral cortex and the decrease in cognitive functions that occur with aging accelerate with smoking. Such changes occur in the structure and functions of the brain in proportion to the amount and period of smoking. In particular, abnormalities in the neural circuits that control cognition and decision-making cause loss of the ability to exert self-control and autonomy. This initiates nicotine dependence and the continuation of addictive behaviors. Therefore, smoking is considered to be a behavior that is repeated due to dependence on an addictive substance, nicotine, instead of one’s choice by free will.

  4. The European Small Claims Procedure: Striking the Balance between Simplicity and Fairness in European Litigation

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

    textabstractThis article deals with the European Small Claims Procedure (ESCP). After the European Order for Payment procedure, this is the second autonomous European procedure that has been established. Attention is paid to the background of harmonization of small claims proceedings in the European

  5. Business and Human Rights Litigation in Europe and Canada : The Promises of Forum of Necessity Jurisdiction

    NARCIS (Netherlands)

    Roorda, L.; Ryngaert, C.M.J.

    2016-01-01

    In the international debate over the human rights impact of transnational corporations' activities, access to judicial remedies for the human rights consequences of corporate misbehaviour has acquired a rather prominent place. For various reasons, victims of human rights abuses involving

  6. Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration

    OpenAIRE

    Yuan, Bo

    2017-01-01

    markdownabstractThe significant increase of foreign investment and trade is an important impetus for China’s economic development after the 1978 reform. The prosperity of foreign investment and trade brings both opportunities and challenges: accompanied by the increasing investment and trade opportunities is the rise in the number of commercial disputes between foreign businessmen and their Chinese partners. Facing the challenges, China adopts a dual legal system in which the resolution of do...

  7. Use and misuse of material transfer agreements: lessons in proportionality from research, repositories, and litigation.

    Directory of Open Access Journals (Sweden)

    Tania Bubela

    2015-02-01

    Full Text Available Material transfer agreements exist to facilitate the exchange of materials and associated data between researchers as well as to protect the interests of the researchers and their institutions. But this dual mandate can be a source of frustration for researchers, creating administrative burdens and slowing down collaborations. We argue here that in most cases in pre-competitive research, a simple agreement would suffice; the more complex agreements and mechanisms for their negotiation should be reserved for cases where the risks posed to the institution and the potential commercial value of the research reagents is high.

  8. Use and misuse of material transfer agreements: lessons in proportionality from research, repositories, and litigation.

    Science.gov (United States)

    Bubela, Tania; Guebert, Jenilee; Mishra, Amrita

    2015-02-01

    Material transfer agreements exist to facilitate the exchange of materials and associated data between researchers as well as to protect the interests of the researchers and their institutions. But this dual mandate can be a source of frustration for researchers, creating administrative burdens and slowing down collaborations. We argue here that in most cases in pre-competitive research, a simple agreement would suffice; the more complex agreements and mechanisms for their negotiation should be reserved for cases where the risks posed to the institution and the potential commercial value of the research reagents is high.

  9. Foreign-Related Commercial Dispute Resolution in China: a focus on litigation and arbitration

    NARCIS (Netherlands)

    B. Yuan (Bo)

    2017-01-01

    markdownabstractThe significant increase of foreign investment and trade is an important impetus for China’s economic development after the 1978 reform. The prosperity of foreign investment and trade brings both opportunities and challenges: accompanied by the increasing investment and trade

  10. Business and Human Rights Litigation in Europe and Canada : The Promises of Forum of Necessity Jurisdiction

    OpenAIRE

    Roorda, L.; Ryngaert, C.M.J.

    2016-01-01

    In the international debate over the human rights impact of transnational corporations' activities, access to judicial remedies for the human rights consequences of corporate misbehaviour has acquired a rather prominent place. For various reasons, victims of human rights abuses involving corporations may not have access to the fora offered by corporations' home and host states. Therefore, attention can be turned to bystander states offering an exceptional “forum of necessity” to avert a denia...

  11. Use and Misuse of Material Transfer Agreements: Lessons in Proportionality from Research, Repositories, and Litigation

    OpenAIRE

    Bubela, Tania; Guebert, Jenilee; Mishra, Amrita

    2015-01-01

    Material transfer agreements exist to facilitate the exchange of materials and associated data between researchers as well as to protect the interests of the researchers and their institutions. But this dual mandate can be a source of frustration for researchers, creating administrative burdens and slowing down collaborations. We argue here that in most cases in pre-competitive research, a simple agreement would suffice; the more complex agreements and mechanisms for their negotiation should ...

  12. 'No Win, No Fee', Cost-Shifting and the Costs of Civil Litigation

    DEFF Research Database (Denmark)

    Fenn, Paul; Grembi, Veronica; Rickman, Neil

    Expenditure on legal services has been rising for much of the last two decades and has attracted considerable policy attention in the UK. We argue that an important reason for this increase lies within the introduction of 'no win no fee' schemes in 1995 and a subsequent amendment which allowed cl...

  13. 25 CFR 16.6 - Authority of attorneys in State court litigation.

    Science.gov (United States)

    2010-04-01

    ... or decision against exercise of a preferential right to purchase property subject to sale, the removal or decision against removal of actions to Federal courts, and the waiver or decision against... his official capacity as counsel therein, including but not limited to the filing or decision against...

  14. Die territorialen Grenzen der Human Rights Litigation in den USA / Michael Stürner

    Index Scriptorium Estoniae

    Stürner, Michael

    2014-01-01

    Kahju hüvitamisest rahvusvaheliste õigusnormide rikkumise puhul, territoriaalsetest piiridest inimõiguste alases kohtuvaidluses USA-s. Kohtuasjast Kiobel versus Royal Dutch Petroleum Co. Ameerika Ühendriikide kohtutesse saab esitada inimõiguste rikkumisega seotud hagisid ka USA kodakondsust mitteomavad inimesed

  15. Earnings conservatism, litigation and contracting : The case of cross-listed firms

    NARCIS (Netherlands)

    Huijgen, C.A.; Lubberink, Martien

    2005-01-01

    We compare earnings conservatism of UK companies cross-listed in the US to that of UK companies without a US-listing. We expect that conservatism will be more pronounced for cross-listed firms than for firms with a UK listing only, because the cross-listed firms face a stricter enforcement regime.

  16. Judicial Review: Issues of State Court Involvement in School Finance Litigation.

    Science.gov (United States)

    Colwell, William Bradley

    1998-01-01

    Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

  17. The State Secrets Privilege and Other Limits on Litigation Involving Classified Information

    Science.gov (United States)

    2009-05-28

    Privilege And Separation Of Powers , 75 FORDHAM L. REV. 1931, 1935 (Mar. 2007). 2 Editorial, Securing Lawsuits, WASH. POST, May 11, 2009, at A16...the Supreme Court invalidated a legislative enactment that required federal courts to reopen final decisions as a violation of the separation of powers principle...95 It might be argued that the retroactivity provision in H.R. 984 also reopens final judgments in violation of the separation of powers principle

  18. War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

    Science.gov (United States)

    2012-02-17

    separation of powers . Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional...and the U.S. Court of Appeals for the District of Columbia again affirmed. The district court stated as a predicate that the separation of powers doctrine...grave separation of powers issues” and observed that courts traditionally have been reluctant “to intercede in disputes between the political

  19. Intergovernmental Immunities in Litigation, Taxation, and Regulation: Separation of Powers Issues in Controversies About Federalism

    Science.gov (United States)

    Tribe, Laurence H.

    1976-01-01

    The author argues that attention to the question of who should decide an intergovernmental immunity issue--the states, the federal courts, the federal executive, or Congress--illuminates the law of eleventh amendment immunities and intergovernmental tax and regulatory immunities and supports all but a handful of the results courts have reached.…

  20. The Mapuche People's Battle for Indigenous Land. Litigation as a Strategy to Defend Indigenous Land Rights

    OpenAIRE

    Skjævestad, Anne

    2008-01-01

    Land is the foundation for the economic sustenance of indigenous peoples and for the continued survival of their cultures. One of the major problems faced by indigenous peoples is the dispossession of their traditional lands and territories. The activities of business interests and economic development projects in indigenous territories – such as forest logging and infrastructure projects - and the environmental implications of such activities, often constitute a great threat to the livelihoo...

  1. Politics of a Different Kind: Chinese in Immigration Litigation in the Post White Australia Era

    Directory of Open Access Journals (Sweden)

    Jia Gao

    2011-04-01

    Full Text Available The first mass Chinese immigration to Australia occurred in the 19th century, with approximately 100,000 Chinese arriving between the 1840s and 1901 (Fitzgerald 2007; Ho 2007, during which questions were raised both in relation to the Chinese rights of migration and settlement in Australia, and the validity of the government's actions against the Chinese. The latter question was in fact considered in the colonial courts (Cronin 1993; Lake and Reynolds 2008. Since then, the Chinese in Australia have never shied away from taking various legal actions, although they are normally seen as people who keep to themselves. Australia abandoned its 'White Australia' policy in 1974, and lately Australia has placed more emphasis on skilled and business migration. As a result, many believe that Chinese migrants have come to Australia under its normal skilled, business or family migration programs, which ignores the fact that a high proportion of them have obtained their chance to stay in Australia directly or indirectly through a series of legal battles. This paper contributes to the discussion of the Chinese in Australian political life by looking at how the Chinese have fought in the Courts in the post-White Australia era in past decades, and the key features of their unique experiences. This is a different type of political activism, characterising the lives of many Australian Chinese, their engagement with the Australian political system, and becoming part of the background of their identity, transnationality, socio-political attitudes and behaviour and many other traits.

  2. Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2017-12-01

    Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

  3. A risk-factor analysis of medical litigation judgments related to fall injuries in Korea.

    Science.gov (United States)

    Kim, Insook; Won, Seonae; Lee, Mijin; Lee, Won

    2018-01-01

    The aim of this study was to find out the risk factors through analysis of seven medical malpractice judgments related to fall injuries. The risk factors were analysed by using the framework that approaches falls from a systems perspective and comprised people, organisational or environmental factors, with each factor being comprised of subfactors. The risk factors found in each of the seven judgments were aggregated into one framework. The risk factors related to patients (i.e. the people factor) were age, pain, related disease, activities and functional status, urination state, cognitive function impairment, past history of fall, blood transfusion, sleep endoscopy state and uncooperative attitude. The risk factors related to the medical staff and caregivers (i.e. people factor) were observation negligence, no fall prevention activities and negligence in managing high-risk group for fall. Organisational risk factors were a lack of workforce, a lack of training, neglecting the management of the high-risk group, neglecting the management of caregivers and the absence of a fall prevention procedure. Regarding the environment, the risk factors were found to be the emergency room, chairs without a backrest and the examination table. Identifying risk factors is essential for preventing fall accidents, since falls are preventable patient-safety incidents. Falls do not happen as a result of a single risk factor. Therefore, a systems approach is effective to identify risk factors, especially organisational and environmental factors.

  4. Mitigating Cost and Schedule Risk from Environmental Litigation Over DOD Projects in Hawaii

    Science.gov (United States)

    2013-03-01

    and Michael Mortimer published the paper titled Exploring National Environmental Policy Act Process across Federal Land Management Agencies (Mortimer...dissatisfied with policy decisions made by governing bodies.” and “The environmental laws were neither meant to be used as a crutch for chronic fault

  5. Cross-validation of picture completion effort indices in personal injury litigants and disability claimants.

    Science.gov (United States)

    Davis, Jeremy J; McHugh, Tara S; Bagley, Amy D; Axelrod, Bradley N; Hanks, Robin A

    2011-12-01

    Picture Completion (PC) indices from the Wechsler Adult Intelligence Scale, Third Edition, were investigated as performance validity indicators (PVIs) in a sample referred for independent neuropsychological examination. Participants from an archival database were included in the study if they were between the ages of 18 and 65 and were administered at least two PVIs. Effort measure performance yielded groups that passed all or failed one measure (Pass; n= 95) and failed two or more PVIs (Fail-2; n= 61). The Pass group performed better on PC than the Fail-2 group. PC cut scores were compared in differentiating Pass and Fail-2 groups. PC raw score of ≤12 showed the best classification accuracy in this sample correctly classifying 91% of Pass and 41% of Fail-2 cases. Overall, PC indices show good specificity and low sensitivity for exclusive use as PVIs, demonstrating promise for use as adjunctive embedded measures.

  6. The Political Economy of Healthcare Litigation : Model and Empirical Application to Uruguay

    OpenAIRE

    Corduneanu-Huci, Cristina; Hamilton, Alexander; Masses-Ferrer, Issel

    2011-01-01

    The political economy of health care is complex, as stakeholders have conflicting preferences over efficiency and equity. This paper formally models the preferences of consumer and producer groups involved in priority setting and judicialization in public health care. It uses a unique dataset of stakeholder perceptions, from Uruguay, to test whether these hypotheses are consistent with emp...

  7. New Hong Kong statute protects factual statements in medical apologies from use in litigation.

    Science.gov (United States)

    Leung, Gilberto Kk; Porter, Gerard

    2018-01-01

    Providing an apology which contains a factual explanation following a medical adverse incident may facilitate an amicable settlement and improve patient experience. Numerous apology laws exist with the aim of encouraging an apology but the lack of explicit and specific protection for factual admissions included in "full" apologies can give rise to legal disputes and deter their use. The new Hong Kong Apology Ordinance expressly prohibits the admission of a statement of fact in an apology as evidence of fault in a wide range of applicable proceedings and thus provides the clearest and most comprehensive apology protection to date. This should significantly encourage open medical disclosure and the provision of an apology when things go wrong. This paper examines the significance and implication of the Apology Ordinance in the medico-legal context.

  8. Considerations Relating to the Jurisdiction of the Arbitration Litigation on Solving Public Acquisition Contracts

    Directory of Open Access Journals (Sweden)

    Gina Livioara Goga

    2016-05-01

    Full Text Available The current legislation on public procurement, namely Government Emergency Ordinance no. 34/2006 on the public procurement contracts, public works concession contracts and service concession, currently governs the arbitration institution, having the possibility of settling any disputes regarding the execution of contracts. We consider that the contested provisions infringe the principle of predictability, as they are not clear because of the regulation of the two articles, and thus the analysis of the entire chapter entitled “Solving complaints” (Chapter IX of the G.E.O. 34/2006 in conjunction with the title order or with the purpose and principles of the adoption of G.E.O. 34/2006, it appears that it refers only to the procedure for settling disputes arising in attributing public procurement contracts, concession contracts for public works service concession contracts.

  9. Examining the impact of sexism on evaluations of social scientific evidence in discrimination litigation.

    Science.gov (United States)

    Kim, Anita; Tidwell, Natasha

    2014-12-01

    The present 2 studies involved undergraduate participants and investigated whether various types of sexism and other correlated predictors, such as political conservatism and scientific discounting, can predict people's evaluations of social science research on sex stereotypes, sexism, and sex discrimination. In Study 1, participants high in hostile sexism, scientific discounting, and/or political conservatism were more critical of scientific studies that provided evidence for sexism than identical studies showing null results. Study 2 showed that participants high in modern sexism, hostile sexism, and political conservatism evaluated social scientific studies more negatively; in addition, assessments of social scientific evidence quality mediated the effect of modern sexism on admissibility ratings (b = -0.15, z = -4.16, p = .00). Overall, these results suggest that sexist beliefs can bias one's judgments of social scientific evidence. Future research should explore whether the same psychological processes operate for judges and jurors as they evaluate the admissibility of evidence and examine ways to attenuate the effect of sexism on evaluations. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  10. Reputational Penalties and the Merits of Class-Action Securities Litigation

    OpenAIRE

    Helland, Eric

    2006-01-01

    If private securities class actions alleging fraudulent behavior by officers or directors of a company are meritorious, directors and officers should pay a reputational penalty when they sit on a board of a company whose officers and directors are accused of fraud. I find little evidence of a negative effect associated with allegations of fraud. Using various definitions of board positions as a proxy for the reputation of directors who are accused of fraud, I find that the net number of board...

  11. 49 CFR 1103.25 - Treatment of witnesses, litigants and other counsel.

    Science.gov (United States)

    2010-10-01

    ... prejudice of a client in a trial or conduct in a cause. The client has no right to demand that the practitioner representing him abuse the opposing party or indulge in offensive personal attacks. (b) A... other side, or otherwise engage in personal abuse of other practitioners. ...

  12. Litigation benefits state-delivered medicine – but for how long?

    African Journals Online (AJOL)

    2015-01-13

    Jan 13, 2015 ... are preventing these thinly ... evolving (and expensive) medical technology and growing patient awareness ... with the subscriptions of those doing spinal work rising ... most affected, thus aggravating the chances of our vital ...

  13. Is South Africa on the verge of a medical malpractice litigation storm ...

    African Journals Online (AJOL)

    A healthy tension between the medical and legal professions should lead to an overall improvement in quality of health care, but consideration will need to be given to issues such as specialist courts, alternative means of resolution, claim quantum determination and capping. Although these issues will technically not ...

  14. Litigation and Community Advocacy to Ensure Health Access for Micronesian Migrants in Hawai'i.

    Science.gov (United States)

    Hagiwara, Megan Kiyomi; Yamada, Seiji; Tanaka, Wayne; Ostrowski, Deja Marie

    2015-05-01

    The Federated States of Micronesia and the Republics of Palau and the Marshall Islands signed a series of treaties known as the Compacts of Free Association (COFA) with the United States (U.S.). While the islands became independent nations, certain rights and responsibilities were assigned to the U.S. However since the signing of the treaties, U.S. federal and Hawai'i state policies have reduced health care coverage for COFA migrants living in the U.S. and its territories. This commentary reports the ongoing efforts of the Micronesian community and its allies to rectify a legacy of unjust policies. We outline the need for sound policies that support appropriate health care to all members of society, and highlight the community's strength and ability to mobilize for political action. If health is a human right, providing adequate, equitable health care to all members of society is not up for debate.

  15. Preimplantation genetic diagnosis: a systematic review of litigation in the face of new technology.

    Science.gov (United States)

    Amagwula, Tochi; Chang, Peter L; Hossain, Amjad; Tyner, Joey; Rivers, Aimée L; Phelps, John Y

    2012-11-01

    To study legal cases against IVF facilities pertaining to preimplantation genetic diagnosis (PGD) misdiagnosis. Systematic case law review. University medical center using US legal databases. The IVF recipients using PGD services. Lawsuits pertaining to PGD against IVF facilities. Lawsuits, court rulings, damage awards, and settlements pertaining to PGD after the birth of a child with a genetic defect. Causes of action pertaining to PGD arise from negligence in performing the procedure as well as failure to properly inform patients of key information, such as inherent errors associated with the PGD process, a facility's minimal experience in performing PGD, and the option of obtaining PGD. Courts have sympathized with the financial burden involved in caring for children with disabilities. Monetary damage awards are based on the costs of caring for children with debilitating defects, including lifetime medical and custodial care. Facilities offering PGD services expose themselves to a new realm of liability in which damage awards can easily exceed the limits of a facility's insurance policy. Competent laboratory personnel and proper informed consent--with particular care to inform patients of the inherent inaccuracies of PGD--are crucial in helping deter liability. Copyright © 2012 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

  16. QUANTIFICATION OF INSTREAM FLOW NEEDS OF A WILD AND SCENIC RIVER FOR WATER RIGHTS LITIGATION.

    Science.gov (United States)

    Garn, Herbert S.

    1986-01-01

    The lower 4 miles of the Red River, a tributary of the Rio Grande in northern New Mexico, was designated as one of the 'instant' components of the National Wild and Scenic River System in 1968. Instream flow requirements were determined by several methods to quantify the claims made by the United States for a federal reserved water right under the Wild and Scenic Rivers Act. The scenic (aesthetic), recreational, and fish and wildlife values are the purposes for which instream flow requirements were claimed. Since water quality is related to these values, instream flows for waste transport and protection of water quality were also included in the claim. The U. S. Fish and Wildlife Service's Instream Flow Incremental Methodology was used to quantify the relationship between various flow regimes and fish habitat. Study results are discussed.

  17. Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

    Science.gov (United States)

    Kesselheim, A S

    2010-06-01

    In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

  18. Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU

    DEFF Research Database (Denmark)

    Savin, Andrej

    2011-01-01

    The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses...... and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing....

  19. 49 CFR 1103.27 - Candor and fairness in dealing with other litigants.

    Science.gov (United States)

    2010-10-01

    ...) SURFACE TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE PRACTITIONERS Canons of... the language or effect of a decision or a text book; or, with knowledge of its invalidity to cite as... come from postponing the proceeding. (f) A practitioner shall not ignore known customs or practice of...

  20. Sex workers, unite! (Litigating for sex workers' freedom of association in Russia).

    Science.gov (United States)

    Arps, F S E Freddie; Golichenko, Mikhail

    2014-12-11

    The existing legal framework in Russia makes sex work and related activities punishable offenses, leaving sex workers stigmatized, vulnerable to violence, and disproportionally affected by HIV and other sexually transmitted infections. In 2013, the Ministry of Justice, supported by the courts, refused registration and official recognition to the first all-Russia association of sex workers, referring to the fact that sex work is under administrative and criminal punitive bans and therefore the right of association for sex workers is unjustified. In light of international human rights standards, in particular the jurisprudence of the European Court of Human Rights, we examine in this paper whether the overall punitive legal ban on sex work in Russia is discriminatory. The government's positive obligations concerning discrimination against sex workers whose activities are consensual and between adults, and whose working conditions leave them among society's most vulnerable, should outweigh their punitive laws and policies around sex work. The scope of legal criminalization is narrow: it should apply only in exceptional cases where it is clearly justified. Copyright © 2014 Arps and Golichenko. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  1. Maximizing profit and endangering health: corporate strategies to avoid litigation and regulation.

    Science.gov (United States)

    Bohme, Susanna Rankin; Zorabedian, John; Egilman, David S

    2005-01-01

    Corporations and industries use various tactics to obscure the fact that their products are dangerous or deadly. Their aim is to secure the least restrictive possible regulatory environment and avert legal liability for deaths or injuries in order to maximize profit. They work with attorneys and public relations professionals, using scientists, science advisory boards; front groups, industry organizations, think tanks, and the media to influence scientific and popular opinion of the risks of their products or processes. The strategy, which depends on corrupt science, profits corporations at the expense of public health. Public health professionals can learn from this strategy how to effectively build scientific and public opinion that prioritizes both good science and the public health.

  2. The interest of intervention of foreign communities in the litigation about nuclear installation authorizations

    International Nuclear Information System (INIS)

    Lami, Arnaud

    2014-01-01

    The author comments the decision of inadmissibility taken by the French State Council about the validity of legal actions undertaken by foreign communities (for instance Swiss communities) to challenge the legality of a decision authorizing the creation of a nuclear installation located in France. The author outlines and comments the fact that, despite this decision of inadmissibility, the Council applies unprecedented criteria to judge the appeal admissibility. In a second part, the author discusses the importance of the risk factor and the way it assessed by the administrative court

  3. THE DISPUTE RESOLUTION MODEL OF VILLAGE HEAD ELECTION THROUGH NON LITIGATION

    Directory of Open Access Journals (Sweden)

    Sri Praptianingsih

    2017-06-01

    Full Text Available Article Number 6 of 2014 clauses 37 verses (5 and (6 provides that the regent in the district must resolve the dispute over the election result of the village head within 30 days. At the district level, the Regional Regulations governing the settlement of village head election disputes and regulations are effective in the dispute profession.However, the laws and regulations at the local / district level have not yet clearly defined the form / format of the outcome of the dispute over the election of the village mayors. The specific purpose of this research is to formulate the model form in the effort to solve the disputes of Village mayors Election by doing syncretism of existing strategy. The Urgency of this research that is (a need to build juridical system in handling dispute of village head election; (b the synchronization of district regulations governing the handling of village head election disputes both vertically and horizontally (c needs a dispute resolution strategy by developing a model of settlement that provides protection of constitutional rights and ensures that government agenda.Research activities in Jember, Bondowoso and Lumajang districts, with a total sample of 150 people. Data collection techniques use Participatory Action Research (PAR and Focus Group Discussion (FGD methods. The Data analysis technique using qualitative analysis.The result of this research is the policy of settlement of disputes of village head election is set forth in juridical instrument at local level, result of settlement stated in peace agreement.This Agreement is then submitted to the Court for the issuance of the Deed of Peace in order to ensure the validity of the legal force for the parties.

  4. Causality and collateral estoppel: process and content of recent SSRI litigation.

    Science.gov (United States)

    Whitehead, Paul D

    2003-01-01

    In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--via the application of collateral estoppel--to a case involving an individual's suicide while prescribed Paxil. This article summarizes these two cases, as reflected in court documents, and comments on limitations of common causality assertions.

  5. The Effects and Use of Administrative Determinations in Subsequent Employment Litigation.

    Science.gov (United States)

    Barnes, Thomas J.; Khorey, David E.

    1989-01-01

    This article examines legal effects (e.g., res judicata and collateral estoppel) of various administrative arrangements for the resolution of employment disputes and offers suggestions on how legal representatives of colleges and universities can take advantage of these effects by planning and coordinating defense efforts. (Author/DB)

  6. The Impact of School Finance Litigation on Resource Distribution: A Comparison of Court-Mandated Equity and Adequacy Reforms

    Science.gov (United States)

    Springer, Matthew G.; Liu, Keke; Guthrie, James W.

    2009-01-01

    While there is a wealth of research on school finance equity and adequacy, and school finance theory clearly documents differences between the two concepts, no study has examined whether the reforms engendered by each approach actually differ in terms of resource distribution. The present study examines the issues using district-level data on…

  7. The Waning Impact of School Finance Litigation on Inequality in Per Student Revenue during the Adequacy Era

    Science.gov (United States)

    Condron, Dennis J.

    2017-01-01

    Since 1989, most states have faced "adequacy" lawsuits that target state constitutions' education clauses in aiming to boost funding provided to disadvantaged districts--which should reduce overall inequality in school funding. Using pooled time-series data on 44 states over 19 years spanning the adequacy era, this study examines how…

  8. Procedural Justice for ‘Weaker Parties’ in Cross-Border Litigation under the EU Regulatory Scheme

    Directory of Open Access Journals (Sweden)

    Vesna Lazić

    2014-11-01

    Full Text Available This article discusses how procedural justice for consumers, employees and insurance policy holders or other beneficiaries under insurance contracts has been ensured in the legal instruments of the EU legislator. The analysis focuses on the Brussels Jurisdiction Regulation, both under the current regulatory scheme and in its recently revised version. Thereby, the rules on jurisdiction, the enforcement of judgments in civil and commercial matters, as well as instruments that unify certain rules of civil procedure have been analysed. Within the context of the rules on jurisdiction, the relevance of the EU legislation for the validity and enforceability of jurisdictional clauses against weaker parties is addressed. Thereby express provisions in EU legislation, as well as relevant case law of the CJEU, have been the subject of the analysis. The changes introduced by the revised Regulation are discussed in great detail.

  9. A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

    Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

  10. La Prorogation de Compétence dans les Litiges Commerciaux Internationaux. La Litispendance et la Connexité

    Directory of Open Access Journals (Sweden)

    Angelica ROŞU

    2009-10-01

    Full Text Available In international commercial disputes the extension of jurisdiction concerns the situation where a court extended its jurisdiction to the detriment of another abroad. Such an extension would not work but with an absolute breach of jurisdiction of other states. However, one cannot ignore the fact that art. 25 of Regulation (EC no. 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters refers to mandatory reporting lack of competence whenever the court finds that a claim is another instance of a Member State of the Union shall have exclusive jurisdiction, text that indicate that incidental or accessory applications remain in the national court seized of the original proceedings. Although in theory it was argued that the lis pendens - related actions has no effect on international trade dispute, we can note that in relation to European Union member states lis pendens creates a special case of mandatory suspension of the case, while related actions a special case of voluntary suspension.

  11. Litigation Technical Support and Services Rocky Mountain Arsenal. Biota Remedial Investigation, Version 3.2. Volume 4

    Science.gov (United States)

    1989-05-01

    is not justified. .. mmnt 19t L~age 4-43.n tame sgnpeclt The exclusion of certain analytes from certain species (arsenic from mall3rds, DDE from mule...achieve. The 13 ppm figure was calculated using two overly conservative sources: ti) shrews accumulate more cadmium than other small mýnrnals, and (2...tI1BUTION CODE APPROVE.D FOR PUBLIC RELEASE; DISTRIBUTION IS UNLIMITED O IJ. ABSTRA(t (Mjumum200 woJi) tn THE PURPOSE Or TH4E BIOTA REMEDIAL INV

  12. Litigation Technical Support and Services, Rocky Mountain Arsenal. Biota Remedial Investigation, Version 3.2. Volume 1

    Science.gov (United States)

    1989-05-01

    significantly. while isodrin is an analog of endrtr and is converted metabolically to that compound. Analyses were also performed for I *l.-dichloro-2,2-bis...abundant are the deer mouse, prairie and meadow voles, and Ord’s kangaroo rat. Larger, more conspicuous rodents include the black-tailed prairie dog...meadow vole, Ord’s kangaroo rat, hispid pocket mouse, and silky pocket mouse(MKE, 1988). Tall weedy forb$, yucca, sand sagebrush, and cattails are

  13. Litigation Technical Support and Services, Rocky Mountain Arsenal. Biota Remedial Investigation (Version 3.2). Volume 2

    Science.gov (United States)

    1989-05-01

    Quantificationnf oLIxi1Xffacs .5-73 5.1.18 METHYL PARATHION 5-73 5.1.18.1 Agua ±c-Ecasystems 5-74 5.1. 18.2 larXesrial-Ecasystems 5-74 5.1.18.3... situ exposure. The data were compiled primarily for later use in the endangerment assessments, and will be modified as the Phase II data for abiotic...el al., 1984). In situ - in the natural or original position: in an organism’s natural environment or habitat. Instar - growth stage or period of

  14. Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

    International Nuclear Information System (INIS)

    Ule, C.H.

    1983-01-01

    Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

  15. Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities

    OpenAIRE

    Hull, Helia

    2018-01-01

    Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly pr...

  16. Legal liability for Agent Orange-related illnesses: a reassessment of the 2005 VAVA case and prospects for new litigation.

    Science.gov (United States)

    Klickermann, Felix

    2016-01-01

    Attempts through the US courts to hold the corporations responsible for the production of dioxin-contaminated herbicides used by the US military in the 1960s and early 1970s liable for their ongoing health consequences have failed. This article scrutinizes the most recent judgement - that of the United States District Court for the Eastern District of New York handed down in 2005 following a lawsuit brought by the Vietnam Association of Victims of Agent Orange/dioxin (VAVA). It is argued that despite this judgement there is the potential to bring a further legal case, with some prospect of success, on the basis of: (i) debatable legal judgements in the 2005 decision; (ii) new scientific evidence on the health effects of exposure to Agent Orange; and (iii) cases brought in other jurisdictions. The article concludes by noting the underfunding of ongoing remediation efforts, especially for the provision of assistance to affected individuals, and argues that it is desirable to oblige the producers of the herbicides to contribute financially to these efforts.

  17. A Litigation Trend Analysis of Case Law Outcomes Pertaining to the Educational Rights of English Learners: A Civil Rights Issue

    Science.gov (United States)

    Racines, Delia Elizabeth

    2014-01-01

    The landmark 2001 No Child Left Behind (NCLB) Act has been a step forward in federal policy for the ever-increasing population of English Learners (ELs), fostering inclusion in standards-based assessments and college and/or career-readiness efforts, yet, ELs continue to struggle academically. The current 5.4 million ELs make up the lowest…

  18. Failure to Apply the Flynn Correction in Death Penalty Litigation: Standard Practice of Today Maybe, but Certainly Malpractice of Tomorrow

    Science.gov (United States)

    Reynolds, Cecil R.; Niland, John; Wright, John E.; Rosenn, Michal

    2010-01-01

    The Flynn Effect is a well documented phenomenon demonstrating score increases on IQ measures over time that average about 0.3 points per year. Normative adjustments to scores derived from IQ measures normed more than a year or so prior to the time of testing an individual have become controversial in several settings but especially so in matters…

  19. Amistad Symposium on Southern Civil Rights Litigation Records for the 1960s (New Orleans, Louisiana, December 8-9, 1978).

    Science.gov (United States)

    Dillard Univ., New Orleans, LA. Armistad Research Center.

    This report contains transcripts of speeches given at the Amistad Symposium by lawyers, judges, and others active in the civil rights movement since the 1960s. Speakers include Clifton Johnson, J. Skelly Wright, John P. Nelson, Edwin King, Fred L. Banks, Jr., Lawrence A. Aschenbrenner, Frank R. Parker, Henry Schwarzschild, and Richard B. Sobol.…

  20. Modernizing "San Antonio Independent School District v. Rodriguez": How Evolving Supreme Court Jurisprudence Changes the Face of Education Finance Litigation

    Science.gov (United States)

    Saleh, Matthew

    2011-01-01

    This article aims to "modernize" the current legal debate over inequitable public school funding at the state and local level. The 1973 Supreme Court case of "San Antonio Independent School District v. Rodriguez" established precedent, allowing for property-tax based education funding programs at the state-level--a major source…

  1. Pereat Iustitia, Fiat Mundus: What is left of the European economic constitution after the Gauweiler litigation? / Christian Joerges

    Index Scriptorium Estoniae

    Joerges, Christian

    2016-01-01

    Gauweiler'i kaasusest ja kohtuotsusest, Saksa konstitutsioonikohtust, Euroopa Liidu õiguse rakendamisest, Euroopa Keskpanga õigusest anda rahanduspoliitikale sisu ja Euroopa Keskpanga vahendite kasutamisest majanduskriisis. Kohtute suutmatusest leevendada kriisi õigusnormide rakendamise kaudu

  2. Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

    Directory of Open Access Journals (Sweden)

    Jung Woo Kwon

    2017-07-01

    Full Text Available Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

  3. No risk, no gain: invest in women and girls by funding advocacy, organizing, litigation and work to shift culture.

    Science.gov (United States)

    McGovern, Theresa

    2013-11-01

    The new development framework aspires to merge long-term hopes for environmental, political and financial sustainability with international poverty eradication goals. Central to this agenda is the promotion and protection of the human rights of women and girls. Yet national mechanisms, donors and international development agencies often do not fully tackle these issues or confront the accompanying politically sensitive, complex issues intermingling religion, socioeconomic status, social, cultural and family life. The increasing reliance on private investment may further weaken a women's rights approach. The proposed framework described in the High-Level Panel of Eminent Persons Report could further systematize this problem, even though it improves on the MDGs by expanding targets related to women. Success will require support for a potent mix of advocacy, movement building and a complex set of ground-based strategies that shift cultural practices, laws and policies that harm women and girls. Funding for advocacy and interventions that hold firm on human rights is imperative, but given the conflicting loyalties of governments and public-private partnerships, reliance on either sector may be risky. An analysis of the status of women's rights work, infrastructure and donor support in Bangladesh and South Africa shows the need for vigilance and long-term investment in effective work. Copyright © 2013 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  4. Juxtaposing BTE and ATE – on the role of the European insurance industry in funding civil litigation

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2010-01-01

    textabstractOne of the ways in which legal services are financed, and indeed shaped, is through private insurance arrangement. Two contrasting types of legal expenses insurance contracts (LEI) seem to dominate in Europe: before the event (BTE) and after the event (ATE) legal expenses insurance.

  5. Legality, discretion and informal practices in China’s courts : a socio-legal investigation of private transactions in the course of litigation

    NARCIS (Netherlands)

    Li, Ling

    2010-01-01

    This thesis intends to identify the systemic causes of corruption in China’s courts by firstly investigating how corruption is carried out in China’s courts. It employs an analytical framework, which treats corruption as a four-phase contracting process, namely 1) the phase of initiation of the

  6. Cigarette company trade secrets are not secret: an analysis of reverse engineering reports in internal tobacco industry documents released as a result of litigation.

    Science.gov (United States)

    Velicer, Clayton; Lempert, Lauren K; Glantz, Stanton

    2015-09-01

    Use previously secret tobacco industry documents to assess tobacco companies' routine claims of trade secret protection for information on cigarette ingredients, additives and construction made to regulatory agencies, as well as the companies' refusal to publicly disclose this information. We analysed previously secret tobacco industry documents available at (http://legacy.library.ucsf.edu) to identify 100 examples of seven major tobacco companies' reverse engineering of their competitors' brands between 1937 and 2001. These reverse engineering reports contain detailed data for 142 different measurements for at least two companies, including physical parameters of the cigarettes, tobacco types, humectants, additives, flavourings, and smoke constituents of competitors' cigarettes. These 100 documents were distributed to 564 employees, including top managers in domestic and foreign offices across multiple departments, including executive leadership, research and design, product development, marketing and legal. These documents reported new competitors' products, measured ingredient changes over time, and informed companies' decisions regarding ingredients in their own products. Because cigarette companies routinely analyse their competitors' cigarettes in great detail, this information is neither secret nor commercially valuable and, thus, does not meet the legal definition of a 'trade secret.' This information is only being kept 'secret' from the people consuming cigarettes and the scientific community. Public agencies should release this detailed information because it would provide valuable information about how ingredients affect addictiveness and toxicity, and would help the public health community and consumers better understand the impact of cigarette design on human health. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  7. Tobacco Company Efforts to Influence the Food and Drug Administration-Commissioned Institute of Medicine Report Clearing the Smoke: An Analysis of Documents Released through Litigation

    Science.gov (United States)

    Tan, Crystal E.; Kyriss, Thomas; Glantz, Stanton A.

    2013-01-01

    Background Spurred by the creation of potential modified risk tobacco products, the US Food and Drug Administration (FDA) commissioned the Institute of Medicine (IOM) to assess the science base for tobacco “harm reduction,” leading to the 2001 IOM report Clearing the Smoke. The objective of this study was to determine how the tobacco industry organized to try to influence the IOM committee that prepared the report. Methods and Findings We analyzed previously secret tobacco industry documents in the University of California, San Francisco Legacy Tobacco Documents Library, and IOM public access files. (A limitation of this method includes the fact that the tobacco companies have withheld some possibly relevant documents.) Tobacco companies considered the IOM report to have high-stakes regulatory implications. They developed and implemented strategies with consulting and legal firms to access the IOM proceedings. When the IOM study staff invited the companies to provide information on exposure and disease markers, clinical trial design for safety and efficacy, and implications for initiation and cessation, tobacco company lawyers, consultants, and in-house regulatory staff shaped presentations from company scientists. Although the available evidence does not permit drawing cause-and-effect conclusions, and the IOM may have come to the same conclusions without the influence of the tobacco industry, the companies were pleased with the final report, particularly the recommendations for a tiered claims system (with separate tiers for exposure and risk, which they believed would ease the process of qualifying for a claim) and license to sell products comparable to existing conventional cigarettes (“substantial equivalence”) without prior regulatory approval. Some principles from the IOM report, including elements of the substantial equivalence recommendation, appear in the 2009 Family Smoking Prevention and Tobacco Control Act. Conclusions Tobacco companies strategically interacted with the IOM to win several favored scientific and regulatory recommendations. Please see later in the article for the Editors' Summary PMID:23723740

  8. Alternative Dispute Resolution ( ADR / ODR and Mitigation of Litigation in the Context of the New Code of Civil Procedure: A Shorter Path to Fair Legal System?

    Directory of Open Access Journals (Sweden)

    Leandro André Francisco Lima

    2016-06-01

    Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.

  9. Energy conservation: policy issues and end-use scenarios of savings potential. Part V. Energy efficient buildings: the causes of litigation against energy conservation building codes

    Energy Technology Data Exchange (ETDEWEB)

    Benenson, P.; Codina, R.; Cornwall, B.

    1978-09-01

    The guidelines laid out for the five subjects investigated in this series are to take a holistic view of energy conservation policies by describing the overall system in which they are implemented; provide analytical tools and sufficiently disagregated data bases that can be adapted to answer a variety of questions by the users; identify and discuss some of the important issues behind successful energy conservation policy; and develop an energy conservation policy in depth. Three specific cases reviewed are: the California nonresidential code (1976); the California residential code (1978); and the Farmers Home Administration code (1978). Although these three suits were brought by the building industry, this report also discusses considerations relevant to architects, bankers, and building inspectors. These cases are discussed from three perspectives: (1) objections to the codes explicitly stated in court, (2) industry conditions and practices behind objections stated in court, and (3) general beliefs not stated in court. This discussion focuses on suits intended to limit those building codes which the building industry sees as too strong. However, some energy conservation industries may sue to strengthen codes which they consider too weak. An example of such a case is Polarized Corporation's current suit against the Lighting section of ASHRAE 90-75 (Los Angeles Federal District Court, see Murnane, 1978). (MCW)

  10. Public Interest Litigation in the Netherlands
    A Multidimensional Take on the Promotion of Environmental Interests by Private Parties through the Courts

    Directory of Open Access Journals (Sweden)

    Berthy van den Broek

    2014-07-01

    Full Text Available In the Netherlands, the administrative law system is traditionally seen as best suited for dealing with public interest-related lawsuits. Especially in the field of environmental law, NGOs seeking to promote broader environmental interests regularly initiate judicial procedures before administrative courts in order to challenge land-use plans, environmental permits and other types of public orders that may have adverse impacts on local natural habitats and/or the environment more generally. However, over the past five years a number of developments have resulted in a more restricted access to administrative courts for environmental NGOs. It has been suggested that these developments may result in an increased reliance on public interest-related procedures before civil courts. This raises the question of what position public interest-related claims, like those against Shell for oil pollution in the Niger Delta and those against the Dutch government for its alleged failure to implement adequate climate change policies, currently have within the Dutch system of civil procedure. It also raises the question whether environmental NGOs in practice do have the broad access to Dutch courts that is required by international obligations, and whether room for improvement should perhaps be sought in the civil law domain.

  11. Copyright Cartels or Legitimate Joint Ventures? What the MusicNet and Pressplay Litigation Means for the Entertainment Industry's New Distribution Models

    OpenAIRE

    Landy, Rachel

    2012-01-01

    Starr v. Sony BMG Music Entertainment illustrates the inherent tension between copyright holders seeking to enforce their exclusive rights and antitrust doctrine. In Starr, competing record labels pooled their copyrights into digital distribution joint ventures, MusicNet and Pressplay. Such collaboration toes a thin line between cartel-like ...

  12. Nuclear power use backed by EURATOM law. European Court of Justice ruling points the way ahead in cross-border litigation

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The Europeanization of nuclear safety has become highly evident with the adoption of the EURATOM Safety Directive of June 25, 2009. It will remain in the focus of public attention because its transposition into national law is to be completed by July 22, 2011. The subject of nuclear safety is treated also by the European Court of Justice (ECJ). The Court's rulings may even set the courses of events. It is not only EURATOM rules and regulations and secondary European law in the format of directives which are up for review, but also more extensive principles of European law. The main sources of dispute are the different nuclear energy policies and non-uniform safety regulations of member states. Cross-border events again and again trigger such disputes. One such constellation constitutes the background to the latest ECJ ruling of October 27, 2009 about nuclear safety and radiation protection. Action before an Austrian court was brought against a nuclear power plant situated in the Czech Republic and licensed by Czech authorities. Cessation of emissions of hazardous ionizing radiation by that plant and, thus, ultimately shutdown of that plant were demanded. The special feature of the case is the fact that the action was filed with an Austrian (civil) court and heard there. As the ECJ had commented in 2006 on a procedural question before legal proceedings were started, the issue at stake now was the right to bring action out of Austria against the nuclear power plant licensed in the Czech Republic. In Austrian law, there is no such right of cessation with respect to plants licensed in Austria, but only a right to claim damages. Against this background some thoughts are expressed about, and forecasts attempted of, European nuclear and radiation protection law. In this assessment, the difficult, multifaceted issues of European law rank second to the explanations of practical consequences for the development of nuclear power in EU member states. (orig.)

  13. MOOTNESS AND THE APPROACH TO COSTS AWARDS IN CONSTITUTIONAL LITIGATION: A REVIEW OF CHRISTIAN ROBERTS v MINISTER OF SOCIAL DEVELOPMENT CASE NO 32838/05 (2010 (TPD

    Directory of Open Access Journals (Sweden)

    Siyambonga Heleba

    2012-12-01

    Full Text Available After nearly three years of waiting, the North Gauteng High Court (then the Pretoria High Court finally handed down judgment in March 2010 in the case of Christian Roberts v Minister of Social Development. The case was a constitutional challenge to section 10 of the Social Assistance Act 13 of 2004 and the relevant Regulations, which set the age for accessing an old age grant at 60 for women and 65 for men. After the hearing the High Court had reserved judgment. Pending judgment the government had amended the legislation in dispute so that the pensionable age for the purposes of accessing a social grant would be equalised over time. Despite the change in legislation, the High Court found against the applicants and punished them with a costs order.

  14. Bankrupting terrorism: the role of US anti-terrorism litigation in the prevention of terrorism and other hybrid threats: a legal assessment and outlook

    OpenAIRE

    Bachmann, Sascha

    2012-01-01

    Global terrorist networks are dependent on receiving financial support from a variety of sources, including individuals, charities and corporations. Also known as terrorist financing, the potential of terrorism finance to resemble a global threat has been recognised and also its closeness to other international crimes such as money laundering and organized crime. As a result, possible responses have to constitute co-ordinated, multi-lateral and multi faceted actions under the umbrella of a wi...

  15. 25 CFR 87.1 - Definitions.

    Science.gov (United States)

    2010-04-01

    ...) Use or distribution means any utilization or disposition of the judgment funds, including programming... courts. (r) Attorney fees and litigation expenses means all fees and expenses incurred in litigating and...

  16. ERISA estoppel: say what you mean and mean what you say.

    Science.gov (United States)

    Walsh, J T

    1994-12-01

    Estoppel is rapidly becoming part of ERISA litigation. However, as employers, TPAs and other entities associated with ERISA plans learn to take precautions against erroneous representations, estoppel litigation may subside.

  17. 78 FR 44981 - Restructuring of National Labor Relations Board's Headquarters' Offices

    Science.gov (United States)

    2013-07-25

    ... Administrative Law, (2) Contempt, Compliance and Special Litigation, and (3) Freedom of Information Act (FOIA... bar ethics. The Contempt, Compliance and Special Litigation Branch will provide compliance and contempt advice and litigation involving, among other things, the Bankruptcy Code, the Federal Debt...

  18. 77 FR 61582 - Privacy Act of 1974; System of Records

    Science.gov (United States)

    2012-10-10

    ... with ``Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter... Address: Delete entry and replace with ``Air Force Legal Operations Agency, Commercial Law and Litigation..., Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste. 1780, Joint Base Andrews, MD 20742...

  19. 32 CFR 516.53 - News media and other inquiries.

    Science.gov (United States)

    2010-07-01

    ... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope... appropriate recommendations for review and approval by the Office of the Chief of Public Affairs. All releases... inquiries regarding litigation or potential litigation will be referred to the appropriate public affairs...

  20. 75 FR 22551 - Continuation of Hearing on the Department of Justice's Actions Related to the New Black Panther...

    Science.gov (United States)

    2010-04-29

    ... to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights... New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act... Department of Justice's actions in the New Black Panther Party Litigation and Enforcement of Section 11(b) of...

  1. Patients' knowledge and perceived reactions to medical errors in a ...

    African Journals Online (AJOL)

    Severity of error (88.5%) and the perception of negligence mediated intention to litigate. Voluntary disclosure significantly reduced patients' intention to litigate caregivers (chi2=3.584; df=1; P=0.053). Frustration/anger was not more likely to influence patient to litigate than feelings of resignation/forgiveness (chi2=2.156; df=1; ...

  2. PENGARUH AKRUAL DAN KEPEMILIKAN MANAJERIAL TERHADAP RISIKO LITIGASI

    Directory of Open Access Journals (Sweden)

    Ari Purwanti

    2018-03-01

    Full Text Available This study aims to investigate the effect of accruals on the occurrence of litigation risk. The higher accruals made by managers are thought to cause high litigation risks as well. Therefore, in this study will also see the effect of managerial ownership on the occurrence of litigation risk. Using a sample of consumer goods industries that often experience litigation, testing is done on 37 companies from 2012 until 2016. The results of this study proves that by using multiple regression, developed hypothesis proved that accruals and managerial ownership have a significant positive effect on litigation risk.

  3. Assuring adequate deterrence in tort: A public good experiment

    OpenAIRE

    Eisenberg, Theodore; Engel, Christoph

    2012-01-01

    To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used in actual civil litigation. The experimental treatments are analogous to: (1) damages limited to harm to an individual litigant, (2) damages limited to harm to a group available in aggregate litigation, such as class actions, and (3) damages allowed beyond actual harm to victims, such as punitive damages. The treatment with damages limited to harm to an individual does not p...

  4. Optimal Attorney Advertising

    OpenAIRE

    Michael P. Stone

    2010-01-01

    Attorney advertising routinely targets tort victims. In this paper, a theoretical model is developed which incorporates advertising intensity, litigation costs, and an endogenous number of lawsuits. Since advertising induces victims to bring suit, it increases the level of injurer care. However, litigation costs are also incurred. At the optimum, the marginal benefit of deterrence equals the sum of the marginal costs of litigation and advertising. It is shown that even though blanket prohibit...

  5. COMPARATIVE STUDY ON FISCAL-ADMINISTRATIVE SOLICITOR'S OFFICE AND FISCAL SOLICITOR'S OFFICE

    OpenAIRE

    OCTAVIA MARIA CILIBIU

    2012-01-01

    The fiscal-administrative solicitor's office represents the activity of solving litigations between tax payers and the fiscal administration, litigations whose purpose is to cancel totally or partially a fiscal administrative document, document considered by the tax payer harmful for his legitimate right or interest recognized by law. The fiscal solicitor's office represents the activity of solving litigations whose purpose is to cancel or correction of acts of enforcement of tax claims. Rese...

  6. 49 CFR 1103.20 - Practitioner's fees and related practices.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE PRACTITIONERS Canons of Ethics The... purchase or otherwise acquire any pecuniary interest in the subject matter of litigation which the...

  7. 32 CFR 644.466 - Release and record of physical restoration.

    Science.gov (United States)

    2010-07-01

    ... (CONTINUED) REAL PROPERTY REAL ESTATE HANDBOOK Disposal Disposal of Leaseholds and Leasehold Improvements... collateral proceedings, in the event a release is not obtained. Where litigation is anticipated, photographic...

  8. 45 CFR 263.0 - What definitions apply to this part?

    Science.gov (United States)

    2010-10-01

    ... projects; (v) Fraud and abuse units; (vi) Procurement activities; (vii) Public relations; (viii) Services related to accounting, litigation, audits, management of property, payroll, and personnel; (ix) Costs for...

  9. 77 FR 75199 - Notice of Sunshine Act Meetings

    Science.gov (United States)

    2012-12-19

    ... museum and the establishment of the William H. Gross Stamp Gallery. Chairman's Public Comment Period... pending litigation. CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General Counsel, Postal...

  10. Penyelesaian Sengketa Perjanjian Syariah pada Lembaga Keuangan Syariah

    Directory of Open Access Journals (Sweden)

    Maskufa Maskufa

    2015-10-01

    Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad SAW. This is done through the courts (litigation and through shulh, fatwa, mazhalim, and hisbah, known as non-litigation. The form of muamalah dispute settlement especially applicable nowadays is almost the same as those prevailing at the time of the Prophet. Litigation through the judicial institutions and non-litigation settlement called as alternative dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is knows in fiqh as tahkimDOI: 10.15408/aiq.v5i1.2113

  11. The adversarial system and the best interests of the child in divorce ...

    African Journals Online (AJOL)

    In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered underupon divorce. Collaborative Law is suggested as a means to bear in ...

  12. 32 CFR 806.15 - FOIA exemptions.

    Science.gov (United States)

    2010-07-01

    ... administrative proceedings or litigation. (2) Based on court decisions in FOIA litigation, which led to the.... Protect them as FOUO. Do not disclose them to anyone without an official need to know.” Before releasing an Air Force record to a FOIA requester, delete SSNs that belong to anyone other than the requester...

  13. 5 CFR 295.202 - Factors OPM will consider.

    Science.gov (United States)

    2010-01-01

    ... would assist or hinder OPM in performing its statutory duties or use OPM resources in a way that will... production of records would be in the best interest of OPM or the United States; (f) The records or testimony... OPM appearing to favor one private litigant over another private litigant; (l) Disclosure relates to...

  14. Access to justice : An economic approach

    NARCIS (Netherlands)

    Zhou, J.

    2010-01-01

    This Ph.D. thesis consists of a collection of four independent papers on economic analysis of access to justice. The research methodologies involve game theoretical and empirical analysis of litigation and settlement. Chapter two investigates the institutional causes of delay in litigation. Using

  15. 32 CFR 516.63 - Coordination with DOJ.

    Science.gov (United States)

    2010-07-01

    ... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.63 Coordination with DOJ... significant fraud and corruption cases to accomplish the following: (1) Monitor criminal prosecutions. (2... exchange of information between government attorneys in the course of civil litigation or the routine...

  16. Order of the 10 december 2002; Arret du 10 decembre 2002

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    This order presents the decision of the Paris Court of Appeal, concerning a litigation between EDF (Electricite de France) and RATP (Regie Autonome des Transports Parisiens). The subject of the litigation is the establishment of a new contract of electric power distribution. (A.L.B.)

  17. Interpreting the Right to an Education as a Norm Referenced Adequacy Standard

    Science.gov (United States)

    Pijanowski, John

    2016-01-01

    Our current conceptions of educational adequacy emerged out of an era dominated by equity-based school resource litigation. During that time of transitioning between successful litigation strategies, legal opinions provided clues as to how future courts might view a norm-referenced approach to establishing an adequacy standard--an approach that…

  18. 32 CFR 516.14 - Service of process on DA or Secretary of Army.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Service of process on DA or Secretary of Army... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.14 Service of process on DA or Secretary of Army. The Chief, Litigation Division, shall accept service of process for Department...

  19. English law for the surgeon II: clinical negligence.

    Science.gov (United States)

    Jerjes, Waseem; Mahil, Jaspal; Upile, Tahwinder

    2011-12-21

    Traditionally, in the United Kingdom and Europe, the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon, and highlight some interesting cases.

  20. 6 CFR 5.44 - Testimony and production of documents prohibited unless approved by appropriate Department...

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Testimony and production of documents prohibited... in Litigation § 5.44 Testimony and production of documents prohibited unless approved by appropriate... or request, including in connection with any litigation, provide oral or written testimony by...

  1. Nuclear fuel reprocessing is challenged

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

    This article is a brief discussion of litigation to determine if the Thermal Oxide Reprocessing Plant (THORP) in the United Kingdom will be allowed to operate. Litigants (including Greenpeace) contend that the government's December approval of discharge permits for the plant was unlawful without a public hearing. A description of the THORP process is also provided in this article

  2. 26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

    Science.gov (United States)

    2010-04-01

    ... movie and television films determined in accordance with previous litigation. (a) Generally. Under... 26 Internal Revenue 14 2010-04-01 2010-04-01 false Election to have investment credit for movie and television films determined in accordance with previous litigation. 7.48-1 Section 7.48-1 Internal...

  3. Don't Try This at Home: Using a Multilayered Approach to Teach the Law of Sexual Harassment and Sexual Harassment Investigations

    Science.gov (United States)

    Halgas, Jordan T. L.

    2006-01-01

    In a litigious society, it is of particular importance that students understand the law of sexual harassment and sexual harassment investigations. Sexual harassment litigation can create a heavy financial burden on employers. Sexual harassment investigations and litigation also cause a social impact on employers. In order to provide students with…

  4. Combining small and large firm advantages in innovation : theory and examples

    NARCIS (Netherlands)

    Vossen, Robert W.

    1998-01-01

    This study examines the effect of litigation risk on auditors' willingness to yield to management pressure and to omit audit steps of the audit program in case of budget pressure. The results show that litigation risk has a significant impact on audit quality.

  5. The Use of the Courts by Women's Groups to Obtain Rights.

    Science.gov (United States)

    O'Connor, Karen

    This study examines how women's groups have made use of litigation strategy to gain favorable policy decisions from the U.S. Supreme Court. The litigation strategies associated with four groups are discussed in the major portion of the report. These groups are: (1) the National Women's Suffrage Association (NWSA), active from 1869 to 1875; (2) the…

  6. Journal Sep-Decl 2013

    African Journals Online (AJOL)

    User

    procedure and taking measures in order to prevent medical litigations. Litigation in ... birth . The goal of defensive medicine is to ensure that if the patient later sues, the physician has gone ... the loss of self-esteem are also very important and ...

  7. Developments in Indian Law from September 1, 1978 through August 31, 1979.

    Science.gov (United States)

    American Indian Journal, 1979

    1979-01-01

    Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

  8. 78 FR 73512 - Privacy Act of 1974; System of Records

    Science.gov (United States)

    2013-12-06

    ... litigation support to the Department of Justice. DATES: This proposed action will be effective on January 7..., file number, ship name and hull number, military records, educational certificate and degree, medical... provide litigation support to the Department of Justice.'' Routine Uses of Records Maintained in the...

  9. The Cost of Prior Restraint: "U. S. v. The Progressive."

    Science.gov (United States)

    Soloski, John; Dyer, Carolyn Stewart

    Increased litigation and rising litigation costs threaten the future of newspapers and magazines. A case study was conducted to determine the costs and effects of "United States v. 'The Progressive,'" a prior restraint case over the publication in 1979 of an article on the hydrogen bomb. "The Progressive," which operates at a…

  10. Court supervised institutional transformation in South Africa ...

    African Journals Online (AJOL)

    The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions ...

  11. Identifying Faculty Perceptions of Awareness and Preparedness Relating to ADA Compliance at a Small, Private College in NE PA

    Science.gov (United States)

    Stevens, Chad M.; Schneider, Elizabeth; Bederman-Miller, Patricia

    2018-01-01

    This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA). Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or…

  12. Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.

    Science.gov (United States)

    Goldberg, Steven S.

    1995-01-01

    Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

  13. 32 CFR 93.2 - Purpose and applicability.

    Science.gov (United States)

    2010-07-01

    ... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

  14. 32 CFR 93.5 - Procedures.

    Science.gov (United States)

    2010-07-01

    ... SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA PERSONNEL AS WITNESSES § 93.5 Procedures. (a) Release of official information in litigation. NSA personnel shall not..., but a record of such approval will be made and retained in the OGC. NSA personnel shall not provide...

  15. 32 CFR 93.7 - Responsibilities.

    Science.gov (United States)

    2010-07-01

    ... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

  16. Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-03-01

    Full Text Available Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, e-mails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD as it becomes a predominant and potentially costly pre-trial activity pivotal to modern litigation. This article discusses these constraints while identifying opportunities for the interdisciplinary activities among litigators, forensic experts and information technology professionals.

  17. Plutarque juge et partie : à propos des débats entre l’Académie, le Jardin et le Portique Plutarch as judge and litigant: on the debate between Academy, Garden and Stoa Plutarco, giudice e parte in causa: sul dibattito fra l'Academia, il Giardino e il Portico

    Directory of Open Access Journals (Sweden)

    Carlos Lévy

    2013-05-01

    Full Text Available In questo articolo, cerco di mostrare che:1. L’indicazione di Plutarco (Adv. Col. 1121E-1122A di un certo numero di presocratici, fra cui Eraclito, non permette di trarne che questo pensatore fosse incluso dalla Nuova Academia fra i filosofi giudicati come propri predecessori sulla via della sospensione del giudizio.2. Il passo (1122A-F sulle critiche rivolte da Colote e da altri filosofi contro la sospensione del giudizio della Nuova Academia non permette di dedurre che la risposta a queste critiche, così come è riportata da Plutarco, provenisse dal solo Arcesilao e che avesse un carattere assertivo. Pare più ragionevole considerarla come un pastiche costruito da Plutarco sulla base di materiali diversi e con una pronunciata coloritura dialettica.3. La polemica antiepicurea (1123A-1124C condotta da Plutarco conduce a presentare l’epicureismo come una sorta di scetticismo paradossale che poggia, non sul timore di ingannarsi, ma sulla certezza che i sensi non ingannano mai. Stando a Plutarco, il principio della verità di tutte le sensazioni dovrebbe spingere gli Epicurei, se fossero conseguenti, all’afasia, ossia a una posizione che li avvicinerebbe alla forma più radicale di pirrronismo.In this article I show:(1 Plutarch’s inclusion of Heraclitus among the list of Presocratics at Adv. Col. 1121E-1122A should lead us to conclude that this philosopher was included by the New Academy among those predecessors who had advocated the suspension of judgement. (2 The passage (1122A-F that deals with Colotes’ formulation of criticisms of the New Academy’s suspension of judgement should not be taken as evidence that Plutarch’s response to these criticisms derives solely from Arcesilaus and has a positive assertive character. Rather, it is a patchwork assembled by Plutarch from various sources and has a markedly dialectical aspect. (3 Plutarch’s anti-Epicurean polemic at 1123A-1124C offers a distorted picture of Epicureanism as a paradoxical form of Scepticism, based not on an aversion to error but the certainty that sense-perception is never misleading. According to Plutarch, the principle that all perceptions are true should have led the Epicureans, if they were being consistent, to aphasia or, in other words, a position that would make them close to the most radical form of Pyrrhonism. Dans cet article, nous essayons de montrer que :1 l’évocation par Plutarque, en Adv. Col., 1121E-1122A, d’un certain nombre de Présocratiques, dont Héraclite, ne permet pas pour autant d’en conclure que ce penseur était inclus par la Nouvelle Académie parmi les philosophes dont elle considérait qu’ils l’avaient précédée dans la voie de la suspension du jugement ;2 le passage (1122A-F sur les critiques formulées par Colotès et par d’autres philosophes contre la suspension néoacadémicienne du jugement, ne permet pas d’induire que la réponse à ces critiques, telle qu’elle est rapportée par Plutarque, provenait du seul Arcésilas et qu’elle avait un caractère assertif. Il paraît plus avisé de la considérer comme un patchwork élaboré par Plutarque à partir de matériaux divers, avec une coloration dialectique très prononcée ;3 la polémique antiépicurienne (1123A-1124C menée par Plutarque aboutit à travestir l’épicurisme en une sorte de scepticisme paradoxal, reposant non pas sur la crainte de se tromper, mais sur la certitude que les sens ne trompent jamais. À en croire Plutarque, le principe de la vérité de toutes les sensations devrait conduire les Épicuriens, s’ils étaient logiques avec eux-mêmes, à l’aphasie, autrement dit à quelque chose qui les rapprocherait de la forme la plus radicale du pyrrhonisme.

  18. Alternative dispute resolution: methods to address workplace conflict in health services organizations.

    Science.gov (United States)

    DeSouza, J R

    1998-01-01

    As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.

  19. Determinants of performance in rare strategic events

    DEFF Research Database (Denmark)

    Andersen, Kristina Vaarst; Beukel, Karin

    The paper develops and tests a theoretical framework explaining how emotions and learning affect outcomes of rare strategic events, namely Intellectual Property litigations. We investigate how organizations? negative emotions influence performance outcome in IP litigations negatively. Though...... cumulative learning in rare strategic events is scarce, and cannot be understood through the standard framework of routines and capability development, we argue that firms may learn from rare events, and propose that learning moderates the negative effect of emotions. We test this utilizing data on all...... publically available IP litigation cases in China from 2001 to 2009 (n=13,030). We find that when organizations undergo emotional negative stress they lose IP litigations more often, but development of roadmaps though past successes moderate the negative effects from emotional distress....

  20. The Assault on the Citadel: Reflections on a Quarter Century of Change in the Relationships Between the Student and the University.

    Science.gov (United States)

    Reidhaar, Donald L.

    1985-01-01

    The revolutionary changes in the relationship between students and their colleges and the role of court litigation in crystallizing or bringing about social, political, and educational change are discussed. (MSE)

  1. Ethical and legal perspectives on use of social media by health ...

    African Journals Online (AJOL)

    Social media litigation is still new in South Africa (SA), and the. 2013 Isparta v ... Alongside the benefits of creating networks and spreading information ... disinhibition effect', responsible for lowering restraint during online activities. S Afr Med J ...

  2. 75 FR 13079 - Action Affecting Export Privileges; MAHAN AIRWAYS; Mahan Airways, Mahan Tower, No. 21, Azadegan...

    Science.gov (United States)

    2010-03-18

    ... Regulations and TDO, a United Kingdom court found Mahan Airways in contempt of court on February 1, 2010, for... contempt finding against Mahan Airways in the U.K. litigation, which I understand is still ongoing. I note...

  3. CrossTalk: The Journal of Defense Software Engineering. Volume 21, Number 4

    National Research Council Canada - National Science Library

    Jones, Capers; Henderson, Kym; Zwikael, Ofer; Lipke, Walt; Coe, David J; Premeaux, David; Armour, Phillip G

    2008-01-01

    CONTENTS: 1) Software Tracking:The Last Defense Against Failure by Capers Jones: This article concentrates on four worst practices and the factors that most often lead to failure and litigation and gives advice on how to avoid them. 2...

  4. 77 FR 52674 - Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Bering Sea and...

    Science.gov (United States)

    2012-08-30

    ... Dillingham/Katmai room at the Hilton Hotel, 500 West 3rd Street, Anchorage, AK. You may submit comments on... the legal authority, history of the Steller sea lion protection measures, litigation, potential...

  5. 78 FR 63168 - First Responder Network Authority Board Special Meeting

    Science.gov (United States)

    2013-10-23

    ... necessary to preserve the confidentiality of commercial or financial information that is privileged or... or potential litigation. See 47 U.S.C. 1424(e)(2). Matters to Be Considered: NTIA will post an agenda...

  6. 78 FR 5422 - First Responder Network Authority Board Meeting

    Science.gov (United States)

    2013-01-25

    ... necessary to preserve the confidentiality of commercial or financial information that is privileged or... Authority, including pending or potential litigation. See 47 U.S.C. 1424(e)(2). Dated: January 22, 2013...

  7. Radar-Based Detection, Tracking and Speciation of Marine Mammals from Ships

    National Research Council Canada - National Science Library

    DeProspo, Douglas F; Mobley, Joseph; Hom, Wai; Carron, Mike

    2005-01-01

    ...., those encountered during Navy-sponsored Low Frequency Active (LFA) sonar tests). Irrespective of the method of mammal injury or death, the act of injuring or killing whales can and does result in litigation proceedings...

  8. 78 FR 57621 - First Responder Network Authority Board Meeting

    Science.gov (United States)

    2013-09-19

    ..., close a portion of the meeting as necessary to preserve the confidentiality of commercial or financial... affecting FirstNet, including pending or potential litigation. See 47 U.S.C. 1424(e)(2). Matters To Be...

  9. 78 FR 55064 - First Responder Network Authority Board Special Review Committee Meeting

    Science.gov (United States)

    2013-09-09

    ... the meeting as necessary to preserve the confidentiality of commercial or financial information that... FirstNet, including pending or potential litigation. See 47 U.S.C. 1424(e)(2). Matters to Be Considered...

  10. Radar-Based Detection, Tracking and Speciation of Marine Mammals from Ships

    National Research Council Canada - National Science Library

    DeProspo, Douglas F; Mobley, Joseph; Hom, Wai; Carron, Mike

    2004-01-01

    ...., those encountered during Navy-sponsored Low Frequency Active (LFA) sonar tests. Irrespective of the method of mammal injury or death, the act of injuring or killing whales can and does result in litigation proceedings...

  11. 78 FR 26323 - First Responder Network Authority Board Special Meeting

    Science.gov (United States)

    2013-05-06

    ... necessary to preserve the confidentiality of commercial or financial information that is privileged or... or potential litigation. See 47 U.S.C. 1424(e)(2). Matters to Be Considered: NTIA will post an agenda...

  12. 32 CFR 516.68 - Program Fraud Civil Remedies Act (PFCRA).

    Science.gov (United States)

    2010-07-01

    ... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.68 Program... the capability of the government to deter and recover losses from false, fictitious or fraudulent...

  13. The Mini-Trial: A Valuable Alternative Dispute Resolution Tool for the United States Navy

    National Research Council Canada - National Science Library

    Morgan, Steven

    1997-01-01

    In order to avoid unnecessary, time consuming, and costly litigation, the Department of Defense, and more specifically the United States Navy, has adopted the use of alternative dispute resolution (ADR...

  14. 77 FR 42339 - Records Schedules; Availability and Request for Comments

    Science.gov (United States)

    2012-07-18

    ..., 9 items, 7 temporary items). Records of financial reporting and accounting. Proposed for permanent... litigation file duplicates. Proposed for permanent retention are investigation indices, history sheets with..., ownership, value, disposition, and accounting classification of real and personal property assets. Included...

  15. Anatomy of a Cancer Treatment Scam

    Medline Plus

    Full Text Available ... Anticompetitive Practices Rules eCFR Rules and Guides Retrospective Review of FTC ... to OECD and Other International Competition Fora Litigation Status Report Magnuson-Moss Warranty ...

  16. Organizational Learning in Rare Events

    DEFF Research Database (Denmark)

    Andersen, Kristina Vaarst; Tyler, Beverly; Beukel, Karin

    When organizations encounter rare events they often find it challenging to extract learning from the experience. We analyze opportunities for organizational learning in one such rare event, namely Intellectual Property (IP) litigation, i.e., when organizations take disputes regarding their intell......When organizations encounter rare events they often find it challenging to extract learning from the experience. We analyze opportunities for organizational learning in one such rare event, namely Intellectual Property (IP) litigation, i.e., when organizations take disputes regarding...... the organization little discretion to utilize any learning from past litigation success. Thus, learning appears be to most beneficial in infringement cases. Based on statistical analysis of 10,211 litigation court cases in China, we find support for our hypotheses. Our findings suggest that organizations can learn...

  17. 32 CFR 842.129 - Settlement of claims against NAFIs.

    Science.gov (United States)

    2010-07-01

    ... LITIGATION ADMINISTRATIVE CLAIMS Nonappropriated Fund Claims § 842.129 Settlement of claims against NAFIs. (a) This subpart does not establish legal theories for adjudication of claims. Refer to the appropriate...

  18. Personality as a Fourth Criterion for Tenure.

    Science.gov (United States)

    Zirkel, Perry A.

    1985-01-01

    A hypothetical case of denial of tenure by a public institution to a faculty member with persistent personality conflicts with colleagues is the context for a discussion of related legal issues and the results of previous court litigation. (MSE)

  19. What Intellectual Property lawyers can Learn from Barbra Streisand ...

    African Journals Online (AJOL)

    ... lawyers can Learn from Barbra Streisand, Sepp Blatter, and the "Coca-Cola ... rights; Overly-aggressive enforcement; Rights holder over-reach; Litigation strategy; ... 'Trademark extortion'; 'Duty to police'; Streisand effect; Ambush marketing.

  20. 10 CFR 1707.202 - Factors DNFSB will consider.

    Science.gov (United States)

    2010-01-01

    ... production of records would be necessary to prevent a miscarriage of justice; (c) DNFSB has an interest in... constitutional rights; (l) Disclosure would result in DNFSB appearing to favor one litigant over another; (m...

  1. 49 CFR 9.1 - Purpose.

    Science.gov (United States)

    2010-10-01

    ... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

  2. 45 CFR 1612.5 - Permissible activities using any funds.

    Science.gov (United States)

    2010-10-01

    ... involving that client's legal rights or responsibilities, including pre-litigation negotiation and..., practices, or policies; (3) Informing clients, other recipients, or attorneys representing eligible clients..., rules of professional responsibility and disciplinary rules. ...

  3. TINDAK PIDANA KEKERASAN TERHADAP PEREMPUAN (Studi Etiologi Kriminal di Wilayah Hukum Polres Banyumas

    Directory of Open Access Journals (Sweden)

    Ruby Hadiarti Johny

    2011-05-01

    Full Text Available The violence against women is increasing in number. This article discusses the factors underlying the occurrence and other form of violence against women that occurred in the Police Banyumas region. Sociological juridical approach used in this research. Specification of research is descriptive. The data used are primary and secondary data. The dominant factors that cause criminal violence to women are dominated by economic factors about 70%, cultural factors about 15%, affair factors about 10 %, and lack of communication between family factors about 5 %. The types of criminal violence to women based on data from LSM Lentera Perempuan WCC Banyumas, Victims, and Poice Banyumas region most of the type criminal violence to women is domestic violence, as physic, psychological, sexual violence, and negligence of household. The problem solving is with the litigation process or non litigation process. The litigation process with criminal law process and the non litigation process with mediation.

  4. Characterization and classification of invertebrates as indicators of flow permanence in headwater streams

    Science.gov (United States)

    Headwater streams represent a large proportion of river networks and many have temporary flow. Litigation has questioned whether these streams are jurisdictional under the Clean Water Act. Our goal was to identify indicators of flow permanence by comparing invertebrate assemblage...

  5. 32 CFR 1280.4 - Responsibilities.

    Science.gov (United States)

    2010-07-01

    ...) Designating a qualified individual under their command, preferably one experienced in the conduct of... reports and information on related litigation forwarded to HQ DLA, Attention: DLAH-G, and processing these...

  6. Understanding Gender-Based Wage Discrimination: Legal Interpretation and Trends of Pay Equity in Higher Education.

    Science.gov (United States)

    Luna, Gaye

    1990-01-01

    Traces the history of laws and litigation concerning pay equity issues, also referred to as wage equity and comparable worth. Suggests that universities and colleges identify possible problems and take voluntary corrective measures before pay-equity problems arise. (MLF)

  7. Local participation in complex technological projects as bridging between different communities in Belgium

    NARCIS (Netherlands)

    Sips, K.; Craps, M.; Dewulf, A.

    2013-01-01

    Local community participation in complex technological projects, where technological innovations and risks need to be managed, is notoriously challenging. Relations with local inhabitants easily take the form of exclusion, protest, controversy or litigation. While such projects represent

  8. Local community participation in enhanced landfill mining: the challenge to bridge between communities

    NARCIS (Netherlands)

    Sips, K.; Ballard, M.; Craps, M.; Dewulf, A.

    2013-01-01

    Local community participation in complex technological projects, where technological innovations and risks need to be managed, is notoriously challenging. Relations with local inhabitants easily take the form of exclusion, protest, controversy or litigation. While such projects represent

  9. Counterpoint: Special Education--Ineffective? Immoral?

    Science.gov (United States)

    Fuchs, Douglas; Fuchs, Lynn S.

    1995-01-01

    This counterpoint to a critique of the authors' paper, which argued against full inclusion of students with disabilities, offers evidence of the effectiveness of special education and notes court litigation that has recognized that separate is not always unequal. (JDD)

  10. Foreign direct liability and beyond. Exploring the role of tort law in promoting international corporate social responsibility and accountability

    NARCIS (Netherlands)

    Enneking, L.F.H.

    2012-01-01

    Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. Increasingly, individuals and communities from developing host countries who have been detrimentally

  11. 23 CFR 635.124 - Participation in contract claim awards and settlements.

    Science.gov (United States)

    2010-04-01

    ..., officers, or agents acted with gross negligence, or participated in intentional acts or omissions, fraud... opposing party in litigation; and (3) In tort, inverse condemnation, or other claims erroneously styled as...

  12. 78 FR 16244 - Sunshine Act Meeting

    Science.gov (United States)

    2013-03-14

    ..., 132 S.Ct. 694 (2012) or Christian Legal Society v. Martinez 130 S.Ct. 2971 (2010) Litigation--Speakers... broader conflict between anti-discrimination norms and civil liberties-- Speakers' Remarks and Questions...

  13. 76 FR 14083 - Proposed Exemptions From Certain Prohibited Transaction Restrictions

    Science.gov (United States)

    2011-03-15

    ... firms that litigate securities fraud cases on a contingency fee basis. Finally, IFS stated that the... DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Exemptions From Certain Prohibited Transaction Restrictions AGENCY: Employee Benefits Security Administration, Labor. ACTION: Notice...

  14. Anatomy of a Cancer Treatment Scam

    Medline Plus

    Full Text Available ... Fraud, Waste, Abuse or Mismanagement Whistleblower Protection OIG Audits and Evaluations OIG Investigations OIG Reading Room Notice ... Fora Litigation Status Report Magnuson-Moss Warranty Public Audit Filings Rotational Health Warnings Webb-Pomerene Act Filings ...

  15. Perceptions of patient-centred care at public hospitals in Nelson ...

    African Journals Online (AJOL)

    Sihaam Jardien-Baboo

    tive work due to fear of litigation and unprofessional behaviour of nursing staff. * Corresponding ..... that will bring about positive change and improved consumer experiences. .... that satisfaction with one's job can affect motivation at work,.

  16. 32 CFR 725.6 - Authority to determine and respond.

    Science.gov (United States)

    2010-07-01

    ... Regs., art. 0327 (1990) 5 , shall be referred to the cognizant Command Counsel under, and subject to... Counsel, Navy Litigation Office, 720 Kennon Street SE, Bldg 36 Room 233, Washington Navy Yard, DC 20374...

  17. 29 CFR 1980.108 - Role of Federal agencies.

    Science.gov (United States)

    2010-07-01

    ... limited to, the right to petition for review of a decision of an administrative law judge, including a... CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES-OXLEY ACT OF 2002 Litigation § 1980...

  18. 32 CFR 842.117 - Delegations of authority.

    Science.gov (United States)

    2010-07-01

    ... LITIGATION ADMINISTRATIVE CLAIMS Hospital Recovery Claims (42 U.S.C. 2651-2653) § 842.117 Delegations of... USAFE, and the SJAs of each Air Force base, station, or fixed installation have delegated authority to...

  19. 75 FR 24880 - Submission for OMB Review; Comment Request

    Science.gov (United States)

    2010-05-06

    ... DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request The Department of Commerce will... Social Security, old age benefits, retirement, court litigation, passports, insurance settlements, etc... households. Frequency: On occasion. Respondent's Obligation: Required to obtain or retain benefits. Legal...

  20. 17 CFR 249.103 - Form 3, initial statement of beneficial ownership of securities.

    Science.gov (United States)

    2010-04-01

    ... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

  1. 17 CFR 249.104 - Form 4, statement of changes in beneficial ownership of securities.

    Science.gov (United States)

    2010-04-01

    ... can use the information in investigations or litigation involving the federal securities laws or other... citations affecting Form 4, see the List of CFR Sections Affected, which appears in the Finding Aids section...

  2. 17 CFR 249.105 - Form 5, annual statement of beneficial ownership of securities.

    Science.gov (United States)

    2010-04-01

    ... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

  3. 75 FR 8413 - Sunshine Act Meetings

    Science.gov (United States)

    2010-02-24

    ... Enhancement Act of 2006 (open). 6. Discussion of Postal Service's March 2, 2010 presentation on its future business model (open). 7. Discussion of pending litigation (USPS v. PRC) (closed). 8. Personnel matters...

  4. 77 FR 34935 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision...

    Science.gov (United States)

    2012-06-12

    ....2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United... longer parties in this litigation, are not subject to this remand, and we have not changed the rate...

  5. Endangered Species Case – Northwest Center for Alternatives to Pesticides v. EPA

    Science.gov (United States)

    EPA is reinstating streamside no-spray buffer zones to protect endangered or threatened Pacific salmon and steelhead in California, Oregon and Washington State, which were originally established in prior litigation brought against EPA by WTC and others.

  6. 77 FR 48542 - United States

    Science.gov (United States)

    2012-08-14

    ... litigation.'' United States v. Armour and Co., 402 U.S. 673, 681 (1971). Section 5 of the Clayton Act... relief in consent judgment that contained recitals in which defendants asserted their innocence); Armour...

  7. 77 FR 15125 - United States v. Morgan Stanley; Public Comments and Response on Proposed Final Judgment

    Science.gov (United States)

    2012-03-14

    ..., expense and inevitable risk of litigation.'' United States v. Armour and Co., 402 U.S. 673, 681 (1971... antitrust consent decrees negotiated pre-trial. \\22\\ Cf: Armour, 402 U.S. at 681 (interpreting consent...

  8. 22 CFR 503.8 - Exemptions.

    Science.gov (United States)

    2010-04-01

    ... documents even after the litigation is closed. (f) Exemption six—Clearly unwarranted invasion of personal... privacy by a requester being able to “piece together items” or “read between the lines” information that...

  9. A critical engagement? Analysing same-sex marriage discourses in ...

    African Journals Online (AJOL)

    Smit, CHRISTINE

    Transgender political activists and academics Spade and Willse (2013: n.p.) .... playing is not a mere mimicking of gender inequalities, but shows the very instability .... stable political alignments allow it to concentrate on lobbying and litigation, ...

  10. FLIGHTFAX: Army Aviation Risk-Management Information, July 2001. Volume 29, Number 7

    National Research Council Canada - National Science Library

    2001-01-01

    Flightfax is published by the U.S. Army Safety Center, Fort Rucker, AL. Information is for accident-prevention purposes only and is specifically prohibited for use for punitive purposes or matters of liability, litigation, or competition...

  11. The First Amendment Finds a New Battleground: The Classroom.

    Science.gov (United States)

    Repa, Barbara Kate

    1990-01-01

    Sketches recent struggles over censorship and student publications, beginning with the Hazelwood School District v. Kuhlmeier case. Argues the flurry of litigation concerning First Amendment rights necessitates including these concerns in social studies courses. (CH)

  12. Aversive Techniques and the Doctrine of Least Restrictive Alternative.

    Science.gov (United States)

    Barton, Lyle E.; And Others

    1983-01-01

    Litigation and the issues surrounding the use of behavioral procedures to handicapped persons are reviewed. Attention is directed to the use of aversive techniques, e.g., corporal punishment, electric shock, timeout, and restraint. (SEW)

  13. 77 FR 39273 - Proposed Information Collection; Comment Request

    Science.gov (United States)

    2012-07-02

    ... Labor's Occupational Safety and Health Administration (OSHA) and to reduce litigation costs. The program... Law Judge. If settlement efforts fail, the case would continue under OSHRC's conventional proceedings... of employer, Department of Labor (OSHA) personnel (decision makers), Authorized Employee...

  14. Alternative dispute resolution of medical-legal issues.

    Science.gov (United States)

    Barton, H M

    1991-02-01

    Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

  15. Students and Buses: What You need To Watch Out For.

    Science.gov (United States)

    Mawdsley, Ralph D.

    1996-01-01

    Reviews safety considerations, district responsibilities, and court litigation related to pupil transportation. Highlights litigious issues involving selection of bus stops, driver responsibilities when transporting and disembarking students, and school bus safety requirements. School districts lacking medical emergency and disruptive behavior…

  16. Legal problems of doing business with foreign energy cartels

    International Nuclear Information System (INIS)

    Sayler, R.H.

    1983-01-01

    This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

  17. Sport Sponsorship and Tobacco: Implications and Impact of Federal Trade Commission v. Pinkerton Tobacco Company.

    Science.gov (United States)

    Stotlar, David

    1992-01-01

    The union of sports and tobacco represents a multimillion dollar enterprise. Recent litigation, the Federal Trade Commission v. Pinkerton Tobacco Company, jeopardizes sport sponsorship agreements. Tobacco advertising may no longer be displayed anywhere during televised sporting events. (SM)

  18. A Question of Ambiguity, Risk, and Trust: Do Auditors React Differently to Potential Accrual Transaction Earnings Management than to Potential Real Transaction Earnings Management?

    OpenAIRE

    Garner, Dana Porter

    2008-01-01

    This research study investigates the relationship between ambiguity, litigation risk, and auditor decision-making. In addition, this study investigates how auditor trust of his or her client may change these relationships. It is important to investigate the relationships of ambiguity, litigation risk, and client trust to auditor decision-making because auditors face these factors on a regular basis. This research uses a 2x2 experiment to investigate auditor reaction to ambiguity and li...

  19. €œWhere Does a Wise Man Hide a Leaf?”: Modernising the Laws of Disclosure in the Information Age

    OpenAIRE

    Wong, Denise

    2014-01-01

    Litigation practice has been significantly altered by the advent of electronically stored information in daily corporate life. It is argued that the laws of disclosure should be updated to recognise that technology-assisted document review via keyword searching is crucial in ensuring that the costs of litigation are well managed. In order to facilitate keyword searching, a new legal concept of accuracy in the selection of keywords should be introduced into the laws of disclosure. At the same ...

  20. DISPUTE RESOLUTION MECHANISM IN COMMERCIAL CONSTRUCTION PROJECTS: A REVIEW

    OpenAIRE

    Priyanka Sakate*, Dr.Arun W. Dhawale

    2017-01-01

    The number and complexity of contract disputes have increased dramatically in recent years. At the same time, the delays and costs associated with litigation have become more significant. This section provides an overview of dispute resolution methods commonly used. The increasing trend to alternative methods of resolving disputes suggests a considerable dissatisfaction with the traditional litigation process, at least in certain types of construction cases. However, it must be emphasized tha...

  1. Neonatal hypoglycaemia: learning from claims

    OpenAIRE

    Hawdon, Jane M; Beer, Jeanette; Sharp, Deborah; Upton, Michele

    2016-01-01

    Objectives Neonatal hypoglycaemia is a potential cause of neonatal morbidity, and on rare but tragic occasions causes long-term neurodevelopmental harm with consequent emotional and practical costs for the family. The organisational cost to the NHS includes the cost of successful litigation claims. The purpose of the review was to identify themes that could alert clinicians to common pitfalls and thus improve patient safety. Design The NHS Litigation Authority (NHS LA) Claims Management Syste...

  2. Urgensi Hukum Perikatan Islam dalam Penyelesaian Sengketa Ekonomi Syariah

    OpenAIRE

    Fauzi, Achmad

    2009-01-01

    This article is aimed to oversee sharia economic legal lawsuit through litigation in court with analyzing judge capability in this lawsuit. This issue is important because every sharia economic activities is based on what contract (akad) contains. The article analyses law of engagement based on Indonesia civil law or Borgelijk Wetboek (BW), law of convention based on sharia economic law compilation, sharia court authority, and sharia economic lawsuit solution steps through litigation. It conc...

  3. The effect of institutional setting on attributional content in management commentary reports

    OpenAIRE

    AERTS, Walter; TARCA, Ann

    2008-01-01

    We study the effect of expected regulatory and litigation costs embedded in a country’s institutional environment on the explanatory content of management commentary reports. Using a behavioural accountability lens, we argue that regulatory control and expected litigation risk affect the attributional framing of financial performance. We also investigate whether differential attributional properties have economic relevance by considering the relationship between content profiles and analyst f...

  4. PENGARUH RISIKO LITIGASI TERHADAP MANAJEMEN LABA DENGAN KUALITAS AUDIT SEBAGAI VARIABEL MODERATING

    Directory of Open Access Journals (Sweden)

    Miratul Atiqah

    2011-05-01

    Full Text Available Asymmetry of information between agency and principal, make the management have opportunityto create earnings management. Earnings management has a disadvantage to investors. Auditorshave a risk that investor can make a assertion to auditor is called litigation risk. The purposeof this research is to examine the influence of Litigation Risk to Earnings Management and theinfluence Audit Quality as the moderating variable in relations between Litigation Risk andEarnings Management. The proxy for earnings management is discretionary accruals by JonesModel (performance-matched discretionary accruals. Audit Quality in this research use auditorsize. This study uses secondary data from financial statement of manufacturing companies whichlisted on Bursa Efek Indonesia in 2008-2010. This research uses purposive sampling method. Themethod analysis of this research used multiple regression analysis.The results of this research show that litigation risk had no influence on earnings management.The result of the test to moderating variable shows that audit quality had negative influence onthe relations between Litigation Risk and Earnings Management.

  5. Book Review: Dispute Resolution and e-Discovery

    Directory of Open Access Journals (Sweden)

    Milton Luoma

    2012-09-01

    Full Text Available Garrie, D.B., & Griver, Y.M., Eds. (2012. Dispute Resolution and e-Discovery. Thomson Reuters Westlaw, 570 pages, ISBN-13: 9780314604484, US$149.00.Reviewed by Milton Luoma, JD, (Milt.Luoma@metrostate.eduAs is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.(see PDF for full review

  6. Limits on testamentary freedom for people with dementia in Albania: Innovative Practice.

    Science.gov (United States)

    Vyshka, Gentian; Kruja, Jera

    2017-07-01

    The extent to which dementia affects a person's testamentary capacity has been the subject of much litigation with some countries introducing legal tests to assess capacity. In light of substantial societal change in Albania in the last two decades and an epidemic of property litigation, Albanian legal practice is witnessing an increasing number of attempts to posthumously nullify wills. Plaintiffs are mainly relatives of the deceased testator who are unhappy with the quantity or quality of the property they have inherited. Based on plaintiffs' claims, solicitors may request expert neuropsychiatric reviews postmortem, often basing their position on prescription drug use by the testator during his/her last years of life. The authors discuss ethical issues intrinsically related to the difficult role of a potential expert witness in these litigation cases.

  7. Mandatory presuit mediation: 5-year results of a medical malpractice resolution program.

    Science.gov (United States)

    Jenkins, Randall C; Smillov, Arlene E; Goodwin, Matthew A

    2014-01-01

    The Florida Patient Safety and Presuit Mediation Program (FLPSMP) is a mandatory mediation program designed to provide deserving patients with fast, fair compensation while limiting the healthcare provider expenses incurred during traditional litigation. Mediation occurs before litigation begins; therefore, patients with meritorious claims receive compensation often years earlier than they would with extended litigation. This early mediation fosters confidential and candid communication between doctors and patients, which promotes early fact-finding and candid discussion. The program went into effect across the University of Florida (UF) Health system on January 1, 2008. In an article previously published in this journal, we discussed the positive trend observed 2 years after the implementation of the FLPSMP. This article incorporates 5 years of data, which includes new benchmarks with state and national data, to demonstrate that the program can be used successfully as a medical malpractice solution. © 2014 American Society for Healthcare Risk Management of the American Hospital Association.

  8. SUBSTANTIAL EXCEPTIONS AND (DELIMITATIONS OF THE POWERS OF THE JUDGES ON CIVIL PROCEDURAL LAW

    Directory of Open Access Journals (Sweden)

    Igor Raatz

    2017-08-01

    Full Text Available This essay aims to unveil the role of the substantial exceptions on delimiting the powers of the judges on civil procedural law, especially regarding the ex officio judicial activity. This way, under a phenomenological method and based on a vision of guarantee of rights on procedural law, the article offers a brief explanation of the question concerning the content of the object under litigation and its role of (delimiting the powers of the judges. The work hypothesis is the addition of the substantial exceptions among the content of the object under litigation, along with the claim itself and the cause of action. The results lie on the premise that, by the substantial exceptions, the defendant extends the object under litigation – which is formed dynamically on civil procedure. The conclusion points towards the idea that the substantial exceptions act in a way of limiting the ex officio judicial activity on civil procedural law

  9. Unequal Treatment or Uneven Consequence: A Content Analysis of Americans with Disabilities Act Title I Disparate Impact Cases from 1992 – 2012

    Directory of Open Access Journals (Sweden)

    Sara P. Johnston

    2015-09-01

    Full Text Available This study identified patterns and trends of litigation in all reported U.S. Appellate Court ADA cases charged under the theory of disparate impact (unintentional discrimination from 1992 through 2012. The results produced four themes: accommodation(s; workplace culture, norms, and policies; judicial process; and policy space; and three relationships: gap-filling, weighing and balancing, and maintaining status quo versus effecting social change. The results may provide information about the types of workplace policies and procedures that are most frequently litigated. Disability scholars, advocates, and practitioners may be able to use the information to develop education and outreach strategies for employers on best practices for hiring, accommodating, and promoting employees with disabilities. The results may also be used to educate and inform advocates about the process of litigation. A greater understanding of how judges make decisions in a subset of ADA cases may increase employees with disabilities' ability to self-advocate in the workplace.

  10. Decision making in civil disputes

    Directory of Open Access Journals (Sweden)

    Victoria Gilliland

    2008-10-01

    Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.

  11. PENYELESAIAN SENGKETA PERJANJIAN SYARIAH PADA LEMBAGA KEUANGAN SYARIAH

    Directory of Open Access Journals (Sweden)

    Maskufa Maskufa

    2015-10-01

    Full Text Available Dispute settlement in Islamic tradition has been carried out since the era of Prophet Muhammad Saw. This is done through the  courts (litigation and through shulh, fatwâ, mazhâlim, and hisbah, known as nonlitigation. The form of mu‘âmalah dispute settlement especially applicable nowadays is almost the same as those  prevailing at the time of the Prophet. Litigation through the judicial institutions and non litigation settlement called as alternative  dispute resolution (ADR is known by the term shulh in fiqh, while the path through arbitration is known in fiqh as tahkîmDOI: 10.15408/aiq.v5i1.2559

  12. Dissecting malpractice in pancreaticoduodenectomy cases.

    Science.gov (United States)

    Anandalwar, Seema P; Scholer, Anthony J; Ninan, Gigio; Oliver, Joseph B; Christian, Derick; Eloy, Jean Anderson; Chokshi, Ravi J

    2017-05-15

    Medical malpractice is a growing concern for physicians in all fields. Surgical fields have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy (PD) has become a popular procedure; however, it is still associated with significant morbidity and mortality. This study is the first to analyze factors involved in litigation regarding PD cases. The Westlaw database was searched for jury verdicts and settlements using the terms "medical malpractice" and "pancreaticoduodenectomy". Twenty-nine cases from 1991 to 2012 were initially collected. Seven entries not involving PD and three duplicate cases were excluded. Nineteen cases were included for analysis. Of the 19 cases included in the analysis, three (15.8%) reached a settlement, three (15.8%) were ruled in favor of the plaintiff, and 13 (68.4%) were ruled in favor of the physician. The average settlement award was $398,333 (range, $195,000-500,000), and the average plaintiff award was $4,288,869 (range, $1,066,608-10,300,000). The most common factors raised in litigation included PD being allegedly unnecessary (47.4%), followed by postoperative negligence and misdiagnosis (36.8% each). The most common factors present in litigation included the allegation that PD was unnecessarily performed. The cases that are awarded large monetary sums are those that involve continued medical care. Ways to improve patient safety and limit litigation include increasing transparency and communication with a thorough discussion between surgeon and patient of the most common topics of litigation discussed. Published by Elsevier Inc.

  13. Analysis of lawsuit cases in the Department of Surgery in Korea

    Science.gov (United States)

    Jung, Ji Yun; Kim, So Yoon; Kim, Dong Gyu; Kim, Choong Bai; Chi, Kyong-Choun; Kang, Won Kyung

    2018-01-01

    Purpose The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion. Results An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%). Conclusion Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level. PMID:29520344

  14. Mediation – Mandatory Information and Facultative Applicability

    Directory of Open Access Journals (Sweden)

    Monica Pocora

    2015-12-01

    Full Text Available Considering that mediation is a facilitating way to access the alternative solving of litigations in conciliatory terms, the study is encouraging using the mediation and providing a balanced relationship between mediation and judiciary procedures. As an aftermath of summary definition, we can say that role of mediation is to overcome the communicative barriers in order to solve the conflict and save the fact situation on both parts. The study aims at analyzing objectively all consequences of both solving ways of litigations: traditional one, through the law court and mediation, with the advantages derived from them (celerity vs. time consuming, expensive judiciary proceedings vs. low costs, etc.

  15. Legal status, role and competencies of the commissioner for protection of equality

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available The Commissioner for Protection of Equality is an autonomous and independent state authority established on the basis of the Law on the Prohibition of Discrimination (2009, as a central national institution for protection from and suppression of discrimination. The article analyses the legal profile and position of the institution within the legal system, the role and scope of its authority in preventing and reacting to discrimination. In addition, the Commissioner’s acting upon complaints has been considered, as well as so-called strategic litigation, its potentials, and the indicators used for identifying strategically important cases of discrimination, and the requirements for initiating strategic litigation.

  16. Tuition reimbursement for special education students.

    Science.gov (United States)

    Zirkel, P A

    1997-01-01

    The spring 1996 issue of The Future of Children on special education reviewed the legislative and litigation history of the Individuals with Disabilities Education Act (IDEA). This Revisiting article examines the impact of the two U.S. Supreme Court cases setting forth school districts' responsibility to reimburse parents of students with disabilities for private school tuition under certain circumstances. An extensive examination of published cases reveals that the number of cases litigated has increased but that the courts are no more likely to decide in favor of parents than they were before the Supreme Court rulings.

  17. Radiation injuries/ionizing radiation

    International Nuclear Information System (INIS)

    Gooden, D.S.

    1991-01-01

    This book was written to aid trial attorneys involved in radiation litigation. Radiologists and medical physicists will also find it helpful as they prepare for trial, either as a litigant or an expert witness. Two chapters present checklists to guide attorneys for both plaintiffs and defendants. Gooden titles these checklists Elements of Damages and Elements of Proof and leads the reader to conclusions about each of these. One section that will be particularly helpful to attorneys contains sample interrogatories associated with a case of alleged radiation exposure resulting in a late radiation injury. There are interrogatories for the plaintiff to ask the defendant and for the defendant to ask the plaintiff

  18. Earning empowerment from stakeholders

    International Nuclear Information System (INIS)

    Johnson, P.T.

    1994-01-01

    If you want to be stopped in your tracks today through political action, litigation or both, then ignore the concerns of stakeholders who believe that they have been or will be adversely impacted by what you want to do. The frustrated attempts by the United States to permanently dispose of its high level radioactive waste confirm this reality. Unless and until fundamental changes are made in the decision making process, the gridlock of litigation and political maneuvering precipitated by efforts to perfect a permanent repository will remain and likely intensify

  19. Estimate of whole body doses for Lynette Tew and Becky Farnsworth from Nevada Test Site local fallout

    International Nuclear Information System (INIS)

    Anspaugh, L.R.; Ng, Y.C.

    1985-01-01

    Lynette Tew and Becky Farnsworth are decendents whose relatives are litigants in Timothy vs US. The litigants allege that the decendents were harmed by radiation doses received as a result of local fallout from the testing of nuclear weapons at the Nevada Test Site. We have calculated a best estimate of the whole body dose received by each decendent from external exposure and the ingestion of radionuclides with food. In each case the dose via ingestion is trivial compared to the external dose. For Lynette Tew the dose estimate is 0.28 rads. For Becky Farnsworth it is 0.0035 rads. 23 references, 4 tables

  20. Patients nord-américains et clause d'exclusion de couverture dans les polices d'assurance responsabilité civile professionnelle

    OpenAIRE

    Ducor, Philippe

    2015-01-01

    Un nombre croissant d'assureurs introduisent dans leurs polices d'assurance responsabilité civile professionnelle pour médecins des clauses visant à exclure de la couverture les litiges jugés selon le droit américain ou canadien, ou devant les tribunaux de ces pays. Ces clauses suscitent l'inquiétude de certains membres de l'AMG, qui craignent d'une part de ne pas être couverts en cas de litiges concernés par ces clauses, et d'autre part d'être sanctionnés faute de disposer d'une couverture r...

  1. Medico-legal significance of service difficulties and clinical errors in the management of patients with inflammatory bowel diseases.

    Science.gov (United States)

    Farrukh, Affifa; Mayberry, John F

    2015-03-01

    There is a significant growth in medical litigation, and cases involving the care and management of patients with inflammatory bowel disease are becoming common. There is no central register of such cases, and the majority are settled before court proceedings. As a result, there is no specific case law related to such conditions, and secrecy usually surrounds the outcome with "no admission of guilt" by the defendant and a clause about non-disclosure and discussion linked to the financial compensation received by the claimant. This review discusses common areas of potential litigation. © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

  2. Federal wetlands law: the cases and the problems

    Energy Technology Data Exchange (ETDEWEB)

    Want, W.L.

    1984-01-01

    Like environmental statutes generally, wetlands laws have engendered much litigation, accompanied by the judicial establishment of general legal doctrine. The Supreme Court has ruled on questions of taking and private rights of action. Lower courts have decided issues of strict liability, estoppel, ripeness, injunction requirements, and hearing rights. This article surveys federal wetlands cases, presenting the issues litigated and the principles established. The author concludes with the hope that the administration's and environmentalists' disagreement on whether wetlands regulation is excessive will not end in a sacrifice of this important resource. 487 references.

  3. 77 FR 75386 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Fredericksburg 8-Hour...

    Science.gov (United States)

    2012-12-20

    ... FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National... drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for...

  4. 77 FR 48061 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Regional Haze State...

    Science.gov (United States)

    2012-08-13

    ... FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National... drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for...

  5. Environmental Law

    Science.gov (United States)

    2005-09-01

    in litigation, which may require the Department of the Interior to introduce Mexican grey wolves onto White Sands Missile Range, New Mexico, although...first reservation of federal land was Yellowstone National Park in 1872. B. The first preservation statute was the Antiquities Act of 1906. 16 U.S.C

  6. 10 CFR 15.41 - When a claim may be compromised.

    Science.gov (United States)

    2010-01-01

    ... it has not been referred to DOJ for litigation. (b) Unless otherwise provided by law, when the... with the DOJ. The NRC will evaluate the compromise offer, using the factors set forth in this part. If an offer to compromise any debt in excess of $100,000 is acceptable to the NRC, the NRC shall refer...

  7. Mistaken Evaluation: The School Psychologist or the Case Law?

    Science.gov (United States)

    Zirkel, Perry A.

    2012-01-01

    Given their pivotal position, school psychologists have understandable concerns about the possibility of becoming the target of the relatively frequent legal proceedings under the Individuals with Disabilities Education Act (IDEA). Indeed, the threat of litigation can contribute to a flight from the profession (Lange, 2011). Yet, an informal…

  8. 75 FR 81894 - Safeguarding Child Support Information

    Science.gov (United States)

    2010-12-29

    ... the Social Security Act (the Act) and significantly enhanced access to information for title IV-D... have been raised by commenters, Departmental officials, media coverage, litigation and program... a contractual relationship nor required to comply with ethics and confidentiality rules such as...

  9. Court Orders Citadel to Admit Women, but Provides Escape Clause.

    Science.gov (United States)

    Jaschik, Scott

    1995-01-01

    A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

  10. Counselor Educators' Gatekeeping Responsibilities and Students' First Amendment Rights

    Science.gov (United States)

    Hutchens, Neal; Block, Jason; Young, Marianne

    2013-01-01

    In 2 recent legal cases, graduate counselor education students challenged the imposition of remediation plans as violating their First Amendment rights of freedom of speech and religion. With special emphasis on this recent litigation, the article examines the legal standards governing the authority of counselor educators at public colleges and…

  11. US Nuclear Regulatory Commission 1983 annual report

    International Nuclear Information System (INIS)

    1984-01-01

    The thirteen chapters of this annual report are titled: 1983 highlights/1984 planning; reactor regulation; cleanup at TMI-2; operational experience; nuclear materials; safeguards; waste management; inspection, enforcement and emergency preparedness; cooperation with the states; international programs; nuclear regulatory research; proceedings and litigation; and management and communication

  12. 32 CFR 842.141 - Improper claimants.

    Science.gov (United States)

    2010-07-01

    ... personal injury or death claim is subject to the Federal Employees' Compensation Act, are improper... National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE CLAIMS Civil Air Patrol Claims (5 U.S.C. 8101(1)(B), 8102(a), 8116(c), 8141; 10 U.S.C. 9441, 9442...

  13. 32 CFR 842.2 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Definitions. 842.2 Section 842.2 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE... District of Columbia. The US Government or any of its instrumentalities may be a claimant in admiralty...

  14. 32 CFR 842.55 - Scope of this subpart.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Scope of this subpart. 842.55 Section 842.55 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... property damage, personal injury, or death caused by military and civilian members of the US Armed Forces...

  15. 32 CFR 842.65 - Claims not payable.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Claims not payable. 842.65 Section 842.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION... costs. (d) Accrues from a private contractual relationship between US personnel and third parties about...

  16. Don't Blame ME, Daddy. False Accusations of Child Sexual Abuse: A Hidden National Tragedy.

    Science.gov (United States)

    Tong, Dean

    Noting the increase in false accusations of child sexual abuse where divorce and custody litigation is in progress, this book examines the consequences of such accusations for everyone involved and provides defensive strategies for those falsely accused. The book draws on four case studies, including a personal one, to illustrate the chronology…

  17. Caesarean delivery: An experience from a tertiary institution in North ...

    African Journals Online (AJOL)

    increasing use of CS as a mode of delivery in Europe and the. USA is because of fear of malpractice litigation, increased ... Daniel and Singh: Caesarean delivery, Nigeria. 19. Nigerian Journal of Clinical Practice • Jan-Feb ..... Efetie RE, Umezulike AC, Agboghoroma CO. Caesarean section at the. National Hospital, Abuja ...

  18. 77 FR 68736 - South Atlantic Fishery Management Council; Public Meetings

    Science.gov (United States)

    2012-11-16

    ... Wilmington Riverside Hotel, 301 North Water Street, Wilmington, NC 28401; telephone: (1-888) 324-8170 or (910... receive a legal briefing on litigation. (closed session) From 8:45 a.m. until 9 a.m., the Council will...

  19. 76 FR 62678 - Table Saw Blade Contact Injuries; Advance Notice of Proposed Rulemaking; Request for Comments and...

    Science.gov (United States)

    2011-10-11

    ... reduces the risk of injury. 15 U.S.C. 2058(f)(3). C. The Product Table saws are stationary power tools... identified at least 15 manufacturers and importers of table saws. According to the Power Tool Institute... for medical treatment, lost time from work, product liability litigation, and pain and suffering. The...

  20. Defamation Law: Shock Absorbers for Its Ride into the Groves of Academe.

    Science.gov (United States)

    Traynor, Michael

    1990-01-01

    With a recent court decision, defamation joins plagiarism, copyright infringement, and scientific fraud as grounds for litigation against academic reporters, universities, and other research institutions. Research institutions should maintain high research standards and learn about defamation law, and may need to adopt policies to ensure accurate…