Download or read book Report on Governmental Immunity for Torts of Its Employees written by Arizona. Legislature. Legislative Council and published by . This book was released on 1955 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recommendation Relating to Sovereign Immunity written by California Law Revision Commission and published by . This book was released on 1963 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sovereign Immunity written by National Association of Attorneys General. Committee on the Office of Attorney General and published by . This book was released on 1979 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report of the Governor s Commission to Study Sovereign Immunity written by Maryland. Governor's Commission to Study Sovereign Immunity and published by . This book was released on 1976 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Report on Sovereign Immunity written by Arizona. Legislature. Legislative Council and published by . This book was released on 1980 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report of the Attorney General s Task Force on Sovereign Immunity written by New Jersey. Attorney General's Task Force on Sovereign Immunity and published by . This book was released on 1972 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tort Liability of Government Officers and Employees written by Chester James Antieau and published by John Wiley & Sons. This book was released on 1990 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report of the Governmental Immunity Interim Commission Submitted To the Legislature of the State of Minnesota written by Minnesota. Legislature. Governmental Immunity Interim Commission and published by . This book was released on 1965 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Practice and Remedies Code written by Texas 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 Sovereign Immunity written by California Law Revision Commission and published by . This book was released on 1900 with total page 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 Federal Tort Claims ACT written by Landmark Publications and published by Independently Published. This book was released on 2019-01-11 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Federal Tort Claims Act. * * * "As a sovereign, the United States is immune from suit unless it consents to be sued." White-Squire v. U.S. Postal Serv., 592 F.3d 453, 456 (3d Cir. 2010). The FTCA is "a limited waiver of the sovereign immunity of the United States," Miller v. Phila. Geriatric Ctr., 463 F.3d 266, 270 (3d Cir. 2006), that provides that: The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages. * * *28 U.S.C. § 2674; see also Gotha v. United States, 115 F.3d 176, 179 (3d Cir. 1997) ("The Federal Torts [sic] Claims Act is a partial abrogation of the federal government's sovereign immunity that permits suits for torts against the United States.")."To make a claim under the FTCA, a claimant first must file her claim with the administrative agency allegedly responsible for her injuries." Santos ex rel. Beato v. United States, 559 F.3d 189, 193 (3d Cir. 2009). The statute provides: An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. Sconiers v. US, 896 F. 3d 595 (3rd Cir. 2018)

Download or read book Local Government Immunity to Lawsuits in North Carolina written by Trey Allen and published by Unc School of Government. This book was released on 2019-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The doctrine of governmental immunity can bar negligence and similar legal claims against cities, counties, and other local government units in North Carolina. Local officials, attorneys, and even judges often find it difficult to determine whether the immunity applies in specific cases. This book provides an in-depth guide to governmental immunity that should prove useful to anyone concerned with local government liability." -- back cover.

Download or read book GAO and BIA Reports on Risk Management and Tort Liability written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 2000 with total page 104 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 A Guide to the Federal Tort Claims Act written by Paul Figley and published by American Bar Association. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide provides a simplified, easy to read concise overview of the Federal Tort Claims Act (FTCA) and its jurisprudence. It is useful to attorneys or law-trained readers who are new to the FTCA and its procedures or have had limited recent dealings with the statute. It also provides a ready reference for readers of all levels who are about to begin detailed research on particular FTCA issues.

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.