Download or read book Cleveringa V J I Case Company written by and published by . This book was released on 1990 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Walsh V Emergency One Inc written by and published by . This book was released on 1993 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kessinger V Grefco Inc written by and published by . This book was released on 1995 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bayer V Panduit Corp written by and published by . This book was released on 2015 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Preparation of a Product Liability Case written by Scott Baldwin and published by Wolters Kluwer. This book was released on 1998-01-01 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Preparation of a Product Liability Case offers substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence, and planning litigation strategies. You'll find all the hands-on guidance you need to tackle such essential aspects of the product liability litigation process as: Strict liability, including the design defect, manufacturing defect, and marketing defect theories Failure to warn Breach of warranty Admissibility of remedial measures Defenses, including alteration of the product, compliance with government standards, and open and obvious defects Investigating and preparing a product liability action Helpful practice guides include numerous checklists and sample forms, as well as appendices of interrogatories, sample jury charges, and safety briefs in specific types of cases.
Download or read book Freislinger V Emro Propane Company written by and published by . This book was released on 1996 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good V Blount Construction Company of Blount Inc written by and published by . This book was released on 1994 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shapo on the Law of Products Liability written by Marshall S. Shapo and published by Wolters Kluwer. This book was released on 2012-10-22 with total page 3484 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.
Download or read book Illinois Law and Practice written by and published by . This book was released on 1953 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book North Eastern Reporter written by and published by . This book was released on 2000 with total page 1498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Talarico V Dunlap written by and published by . This book was released on 1996 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Central Illinois Public Service Company V Allianz Underwriters Insurance Company written by and published by . This book was released on 1992 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Year Zero written by Ian Buruma and published by Penguin. This book was released on 2014-09-30 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A marvelous global history of the pivotal year 1945 as a new world emerged from the ruins of World War II Year Zero is a landmark reckoning with the great drama that ensued after war came to an end in 1945. One world had ended and a new, uncertain one was beginning. Regime change had come on a global scale: across Asia (including China, Korea, Indochina, and the Philippines, and of course Japan) and all of continental Europe. Out of the often vicious power struggles that ensued emerged the modern world as we know it. In human terms, the scale of transformation is almost impossible to imagine. Great cities around the world lay in ruins, their populations decimated, displaced, starving. Harsh revenge was meted out on a wide scale, and the ground was laid for much horror to come. At the same time, in the wake of unspeakable loss, the euphoria of the liberated was extraordinary, and the revelry unprecedented. The postwar years gave rise to the European welfare state, the United Nations, decolonization, Japanese pacifism, and the European Union. Social, cultural, and political “reeducation” was imposed on vanquished by victors on a scale that also had no historical precedent. Much that was done was ill advised, but in hindsight, as Ian Buruma shows us, these efforts were in fact relatively enlightened, humane, and effective. A poignant grace note throughout this history is Buruma’s own father’s story. Seized by the Nazis during the occupation of Holland, he spent much of the war in Berlin as a laborer, and by war’s end was literally hiding in the rubble of a flattened city, having barely managed to survive starvation rations, Allied bombing, and Soviet shock troops when the end came. His journey home and attempted reentry into “normalcy” stand in many ways for his generation’s experience. A work of enormous range and stirring human drama, conjuring both the Asian and European theaters with equal fluency, Year Zero is a book that Ian Buruma is perhaps uniquely positioned to write. It is surely his masterpiece.
Download or read book West s Federal Supplement written by and published by . This book was released on 1996 with total page 1856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Download or read book In Re Babb written by and published by . This book was released on 1992 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illinois Appellate Reports written by Illinois. Appellate Court and published by . This book was released on 2004 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
