Download or read book Ramsey V Morrison written by and published by . This book was released on 1995 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ramsey V Morrison written by and published by . This book was released on 1995 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Practice in Civil Actions and Proceedings in Justices Courts and on Appeals to the County Courts in the State of New York written by William Wait and published by BoD – Books on Demand. This book was released on 2024-05-31 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1883.
Download or read book A Treatise Upon Some of the General Principles of the Law written by William Wait and published by . This book was released on 1879 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Digest of the Decisions of the Courts of Law Equity of the State of New Jersey from 1790 to 1887 written by John Hoff Stewart and published by . This book was released on 1887 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Subrogation written by Henry Newton Sheldon and published by BoD – Books on Demand. This book was released on 2024-04-08 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1882.
Download or read book A Treatise on the Law of Usury And Incidentally of Interest written by James Avery Webb and published by St. Louis : F.H. Thomas Law Book Company. This book was released on 1899 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Subrogation written by Henry Newton Sheldon and published by . This book was released on 1882 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law of Damages written by Jabez Gridley Sutherland and published by . This book was released on 1916 with total page 1378 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise of the Law of Damages Embracing an Elementary Exposition of the Law and Also Its Application to Particular Subjects of Contract and Tort written by Jabez Gridley Sutherland and published by . This book was released on 1903 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Reporter Digest written by Howard Ellis and published by . This book was released on 1886 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Reporter written by Howard Ellis and published by . This book was released on 1878 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes decisions in the Irish courts, 1876-June 1886, and Indian appeals, 1876-1877.
Download or read book The Principles of the American Law of Contracts at Law and in Equity written by John Davison Lawson and published by . This book was released on 1893 with total page 676 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 North Carolina Reports written by North Carolina. Supreme Court and published by . This book was released on 1852 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Transfer and Finance written by The late Curtis J. Berger and published by Aspen Publishing. This book was released on 2014-12-09 with total page 2391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Transfer and Finance: Cases and Materials, Sixth Edition, is a classroom-tested casebook designed for upper-class courses in real estate transactions or financing that will appeal to professors who prefer to focus on the taxation and financing aspects of a transaction as well as to those who choose to concentrate on contractual and title areas. The Sixth Edition has been meticulously updated and features extensive coverage of the impact of the recent mortgage crisis and the resulting changes and potential changes to real estate mortgage markets. This comprehensive casebook offers: A thorough foundation in land transfer law and a solid doctrinal framework in contract, financing, taxation, and titles. Legal and historical background on the subject of land transactions that will help prepare students for practice. Thorough coverage of the law relevant to various kinds of land transactions, with an emphasis on the major participants in the land sale and lending markets, the role of these participants, their business concerns, and their legal rights and duties. Consideration of many of the more troublesome legal and policy problems in the land transaction field and alternative solutions to these problems are explored. Numerous judicial opinions illustrating important issues of law concerning land transactions and the major participants in land transaction markets. Cases that are selected to help demonstrate the variations in the design of real-world land transactions and the frequent complexity of ;these transactions. Materials that develop students' ability to critically evaluate legal problems and propose solutions to these problems that will best serve the parties' business objectives within the applicable legal constraints. Valuable appendices, including a glossary of real estate terms and sample form documents. The Sixth Edition features: Extensive consideration in Chapter 2 of changes pertaining to real estate mortgage markets. Chapter 7, Part D (Securitization) has been significantly revised. Material in Chapter 7, Part E (Valuing Real Estate and Investments) has been expanded to include a brief section on the basic business and finance considerations in real estate development and investment. Updated tax material. Revisions and refinements to nearly all of the explanatory text, article excerpts, and notes. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Download or read book Silva V Electrical Systems Inc written by and published by . This book was released on 1997 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
