Download or read book Impact of the Discretionary Function Exception on Tort Liability of State Highway Departments written by National Cooperative Highway Research Program and published by . This book was released on 1989 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impact of the Discretionary Function Exception on Tort Liability of State Highway Departments written by John C. Vance and published by . This book was released on 1989 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper traces the development of the discretionary function exception at the state level through an examination of applicable State statutes and court decisions. The thrust of the paper is to determine the applicability of the exception to the activities of State highway departments. Because the discretionary function exception, when pleaded and proved, operates as a retention of sovereign immunity and hence a complete bar to recovery, it is of great importance to highway lawyers and all others concerned with the tort liability of the State.
Download or read book Selected Studies in Highway Law written by and published by . This book was released on 1976 with total page 1458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Guide for Achieving Flexibility in Highway Design written by and published by AASHTO. This book was released on 2004 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Context-sensitive solutions (CSS) reflect the need to consider highway projects as more than just transportation facilities. Depending on how highway projects are integrated into the community, they can have far-reaching impacts beyond their traffic or transportation function. CSS is a comprehensive process that brings stakeholders together in a positive, proactive environment to develop projects that not only meet transportation needs, but also improve or enhance the community. Achieving a flexible, context-sensitive design solution requires designers to fully understand the reasons behind the processes, design values, and design procedures that are used. This AASHTO Guide shows highway designers how to think flexibly, how to recognize the many choices and options they have, and how to arrive at the best solution for the particular situation or context. It also strives to emphasize that flexible design does not necessarily entail a fundamentally new design process, but that it can be integrated into the existing transportation culture. This publication represents a major step toward institutionalizing CSS into state transportation departments and other agencies charged with transportation project development.
Download or read book Selected Studies in Highway Law written by Robert W. Cunliffe and published by National Cooperative Highway Re Research Board National Rese. This book was released on 1991 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Summary of Progress National Cooperative Highway Research Program written by National Cooperative Highway Research Program and published by . This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Highway Tort Liability written by Russell M. Lewis and published by Transportation Research Board. This book was released on 1994 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This synthesis will be of interest to highway agency administrative and executive officers, risk managers, legal officials, as well as to highway design, traffic, and safety engineers, enforcement agency personnel, claims managers, and others concerned with managing tort liability programs in state transportation agencies. It describes the state of the practice with respect to the manner in which these agencies manage highway tort liability programs. Management of claims associated with highways, streets, and pedestrian facilities is the focus of this synthesis, which describes program elements, costs, staffing, risk avoidance, and management requirements. This report of the Transportation Research Board describes the design and implementation of procedures and techniques to manage tort liability programs. Much of the material in this synthesis is also applicable to managing risks associated with modes other than highways within the state transportation agency. There is also applicability to local highway agencies, toll authorities, and public transit agencies.
Download or read book Progress Report written by National Cooperative Highway Research Program and published by . This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Highways An Architectural Approach written by Lester Abbey and published by Springer. This book was released on 1992-07-31 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is highway architecture? Who are the highway architects? Where do they practice? What is their role? WHAT IS HIGHWAY ARCHITECTURE? Highway architecture is a way of attempting to achieve the best of both worlds by shepherding a highway project from planning through design, construction, and operation. It is an approach to rebuilding our highway infrastructure, from a humanistic rather than strictly an engineering point of view. Continuity of purpose is the prime objective. A corollary goal is to make the highway an integral part of its setting. As now practiced, the building or rebuilding of anyone highway is partitioned, fragmented, and compartmentalized. Planners hand a concept to designers; design ers then prepare plans and specifications and pass their work on to construction people; construction people build the highway and turn it over to maintenance personnel. Rarely does one find continuity from planning to operation of a facility. WHO ARE THE HIGHWAY ARCHITECTS? Although it is unlikely that anyone hands out a business card with occupation listed as "Highway Architect," this does not mean that no one practices the profession. Highway architects are those people who share the responsibility for developing a highway project. True, the practice is quite limited, but site development entrepre neurs, rural county engineers, landscape architects, and consultants to smaller local governments often perform as highway architects. They take a project from concep tion to completion and are concened with how the local community will react to it.
Download or read book Research Results Digest written by and published by . This book was released on 1990 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Highway Research Abstracts written by and published by . This book was released on 1992 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Research Digest written by and published by . This book was released on 1988 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ERISA and Health Insurance Subrogation in all 50 States 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Download or read book HRIS Abstracts written by and published by . This book was released on 1989 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Publications Transportation Research Board written by National Research Council (U.S.). Transportation Research Board and published by . This book was released on 1996 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Atiyah s Accidents Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
