Download or read book Recovery for Wrongful Death written by Stuart M. Speiser and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Police Civil Liability written by Isidore Silver and published by . This book was released on 1986 with total page 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 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 Discretionary Function written by Jeffrey Axelrad and published by . This book was released on 1989 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Download or read book Determining Economic Damages written by Gerald D. Martin and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Proving and Defending Damage Claims written by James Joseph Brown and published by Wolters Kluwer. This book was released on 2007-01-01 with total page 1336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection

Download or read book Assessment of Damages for Personal Injury and Death written by Harold Luntz and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revised and updated version of chapter one of the 4th edition of Harold Luntz's esteemed ASSESSMENT OF DAMAGES FOR PERSONAL INJURY AND DEATH, this text will provide the reader with comprehensive commentary on the general principles of damages for personal injury and death and developments in this area.

Download or read book The Economic Structure of Tort Law written by William M. Landes and published by Harvard University Press. This book was released on 1987 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

Download or read book Formulas for Calculating Damages written by Mark S. Guralnick and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What's the value of a deceased person, a victim's injuries, a contaminated water well? Formulas for Calculating Damages draws from the fields of law, accounting, economics, and statistics to provide a variety of formulas that help professionalize the practice of law, bolster the quality of advice provided to clients, and generate a more responsibly and skillfully presented case for damages. These formulas can be applied to thousands of case scenarios and used to informally estimate the value of a case, to negotiate or mediate settlements, or to prove damages in the course of a trial. However, they also serve many other purposes: deciding whether to accept or reject a case, whether to hire an employee or retain a contractor, whether or not to sell a business, etc. In 18 chapters, Formulas for Calculating Damages addresses basic rules and strategies-including calculating interest, measuring probability, the key rates of return, and financial ratios-and introduces the most fundamental formulas, then applies those formulas to the major practice specialties: personal injury and wrongful death, business cases, employment law, real estate, environmental law, bankruptcy, intellectual property, and family law. The last chapter provides a detailed examination of the retention of forensic experts and the top rules for using them strategically. Book jacket.

Download or read book Utah Auto Law written by Randall Bunnell and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book WINNING YOUR CASE 21 Questions You MUST ASK Before Hiring a Lawyer written by Howard Spiva and published by . This book was released on 2016-05-21 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: HIRE THE RIGHT LAWYER WITH CONFIDENCE! There are so many things that a lawyer must be able to do. This practical legal guide will help you hire an experienced lawyer who DOES IT BEST! A lawsuit is like a war and many attorneys and law firms don't have the skill or legal services to negotiate a proper settlement... or the money or law practice trial experience to recover for you in a court of law. This practical guide starts out with 21 questions that quickly qualify any attorney. The answers you receive to these questions will disclose the depth of a lawyers legal education, the specialties provided by their law practice, and the quality of their legal services. If you hire the wrong lawyer, your recovery for personal injury is going to decrease by tenfold. If you hire the wrong lawyer, the opposing counsel for the insurance company will treat your personal injury claim like it's a joke. If it's a criminal law case and your attorney does not have specific law specialties expertise, you may be an innocent person that ends up going to jail. If you are going through a divorce and you've hired the wrong lawyer, your spouse may get primary custody or the bulk of your assets. If you go to court with the wrong business law or intellectual property lawyer, you will most likely LOSE and get absolutely NOTHING. You may also be forced to pay for the other person's legal services -- OR WORSE! If you are purchasing real estate and you've hired the wrong lawyer you may not get the right title insurance, the right disclosures, or the right surveys done. If you've got a worker's compensation claim, you might not get all of your benefits or your full disability. If it's a social security claim, you may not get all of your past benefits. There are so many crucial subjects and things that you MUST know in order to make sure you're hiring the right lawyer. Without knowing the RIGHT questions to ask, you will only get as much justice as you can afford. Here is what this practical guide does for you: It spells out TWENTY-ONE OF THE RIGHT QUESTIONS! It teaches you to ask the hard questions and get ALL of the answers you will need to make an informed, knowledgeable decision -- and hire the right lawyer with confidence. This book pulls no punches! Learn who wins in settlements, courtrooms, and jury trials... who loses -- AND WHY! "Winning Your Case" is a quick read that gets right to the point with powerful knowledge and useful insight from one of the most respected and highly endorsed trial lawyers in the country. The 21 "Must Ask" Questions provide an immediately useful tool to gauge professional competence prior to engaging a lawyer for legal representation. If your situation requires you to hire a lawyer -- YOU NEED THIS BOOK! Scroll up and Add To Cart or click the Buy Now button!

Download or read book Economic hedonic Damages written by Michael L. Brookshire and published by . This book was released on 1990 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Pharmacy Practice and Tort Law written by Fred Weissman and published by McGraw Hill Professional. This book was released on 2016-06-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.

Download or read book California Damages Law and Proof written by Leland M. Johns and published by . This book was released on 1969 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Business and Commerce Code written by Texas and published by . This book was released on 1968 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: