Download or read book Assessing Claims Resolution Facilities written by Deborah R. Hensler and published by . This book was released on 1992 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The What and Why of Claims Resolution Facilities written by Francis E. McGovern and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims resolution facility is a generic term used to describe a wide range of entities that process and resolve claims made against a potential funding source. In the context of a natural disaster, for example, there might be facilities to process claims based upon insurance policies, federal or state statutory or administrative rights, international relief efforts, contractual obligations, or any *1362 other basis for receiving economic or noneconomic benefits. These facilities are generally characterized by a large number of claims that are in need of rapid and efficient resolution. In certain instances, however, the positive connotations of the term have been expropriated to describe a facility that desires to appear quick and efficient while acting slowly and expensively. In the context of alternatives to the litigation system, claims resolution facilities function to enable the disaggregation of liability from damages in the determination of legal entitlements either individually or collectively, in settlement or as a precursor to litigation. The facilities operate under the assumption that there is at least some liability, and their role is to focus on any residual damage issues not resolved through litigation or settlement. These facilities vary considerably in form, from qualified settlement funds recognized by the federal tax code to ad hoc efforts to resolve disputes prior to any invocation of the legal system. In the context of a man-made disaster, for example, there might be facilities either by defendants or their insurance carriers to settle claims prior to the intervention of attorneys, to evaluate and/or settle claims individually or in groups after the retention of counsel either before or after the initiation of litigation, to determine individual or collective damages, or to allocate damages among claimants. Part I attempts to identify the critical variables that are integral to the claims resolution facilities that have become alternatives to traditional litigation. These variables include all the essential elements, with particular attention to the criteria and methodology used by claims resolution facilities to evaluate, process, and pay claims. In Part II, there is an analysis of the strategy for designing a claims resolution facility that takes advantage of the multiplicity of options in order to accommodate the particular needs associated with a given claims resolution facility. Parts III and IV consider the assets and defects of claims resolution facilities, including rationales for their recent popularity. Finally, Part V assesses the future by focusing on common failure modes for claims resolution facilities and then proposes possible substantive standards and procedural rules that may increase the legitimacy of claims resolution facilities.
Download or read book Claims Resolution Facilities and the Mass Settlement of Mass Torts written by and published by . This book was released on 1990 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Assessing Claims Resolution Facilities written by Deborah R. Hensler and published by . This book was released on 1992 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Optimal Pooling in Claims Resolution Facilities written by Ian Ayres and published by . This book was released on 1989 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mass Claims Resolution Facilities written by CPR Institute for Dispute Resolution and published by . This book was released on 2011 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Master Guide to Mass Claims Resolution Facilities addresses issues arising post-settlement of mass claims -- filling a large void in the legal literature in this area of ADR. The book covers all areas of claims resolution facilities, including initial due diligence in estimating claims, costs and assets, extent of delegation to the facility, design of facilities, establishment of claim criteria, notice, procedures, communication and appeals. It also examines decisional law, statutory bases and various examples of facilities, drawing upon the knowledge of specialists in the area. This book was created by CPR's Commission on Facilities for the Resolution of Mass Claims whose members include Chairs, Kenneth R. Feinberg of Feinberg Rozen, LLP and Deborah E. Greenspan of Dickstein Shapiro, LLP, Jordana H. Feldman as the Commission's Reporter, and a group of counsel, academics, neutrals, and other experts on complex claims management."--Publisher's website.
Download or read book Giving away money written by Mark A. Peterson and published by . This book was released on 1992 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Reducing Construction Costs written by National Research Council and published by National Academies Press. This book was released on 2007-10-09 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The National Academy of Construction (NAC) has determined that disputes, and their accompanying inefficiencies and costs, constitute a significant problem for the industry. In 2002, the NAC assessed the industry's progress in attacking this problem and determined that although the tools, techniques, and processes for preventing and efficiently resolving disputes are already in place, they are not being widely used. In 2003, the NAC helped to persuade the Center for Construction Industry Studies (CCIS) at the University of Texas and the Alfred P. Sloan Foundation to finance and conduct empirical research to develop accurate information about the relative transaction costs of various forms of dispute resolution. In 2004 the NAC teamed with the Federal Facilities Council (FFC) of the National Research Council to sponsor the "Government/Industry Forum on Reducing Construction Costs: Uses of Best Dispute Resolution Practices by Project Owners." The forum was held on September 23, 2004, at the National Academy of Sciences in Washington, D.C. Speakers and panelists at the forum addressed several topics. Reducing Construction Costs addresses topics such as the root causes of disputes and the impact of disputes on project costs and the economics of the construction industry. A second topic addressed was dispute resolution tools and techniques for preventing, managing, and resolving construction- related disputes. This report documents examples of successful uses of dispute resolution tools and techniques on some high-profile projects, and also provides ways to encourage greater use of dispute resolution tools throughout the industry. This report addresses steps that owners of construction projects (who have the greatest ability to influence how their projects are conducted) should take in order to make their projects more successful.
Download or read book The Transformation of Enforcement written by Hans W Micklitz and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Download or read book Dealing with an Angry Public written by Lawrence Susskind and published by Simon and Schuster. This book was released on 1996-04-17 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breast implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars.Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole.We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.
Download or read book Product Liability written by Richard J. Heafey and published by Law Journal Press. This book was released on 2016-02-28 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the initial client interview through every step in building the case, this book provides hundreds of valuable ideas and tactics from the perspective of both plaintiffs' and defendants' counsel.
Download or read book Verdict written by Robert E. Litan and published by Brookings Institution Press. This book was released on 2011-09-01 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w
Download or read book An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act written by James S. Kakalik and published by RAND Corporation. This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study found that, once litigation had begun, referral to ADR was not a panacea, nor was it detrimental.
Download or read book Annotated Manual for Complex Litigation written by and published by . This book was released on 2010 with total page 1398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book On Judicial Management from Comparative Perspective written by Loic Cadiet and published by Springer Nature. This book was released on 2023-10-16 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
Download or read book Individual Justice in Mass Tort Litigation written by Jack B. Weinstein and published by Northwestern University Press. This book was released on 1995 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documenting a prominent jurist's efforts, a collection of case studies examines his successes with Vietnam veteran exposure to Agent Orange, asbestos, and DES and repetitive stress syndrome, describes current legal attitudes, and recommends compassionate alternatives.
