Download or read book The Case of State Liability written by Michael Haba and published by Springer. This book was released on 2014-11-19 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the 20th anniversary of the ruling in Francovich, Michael Haba analyzes the principle of Member State Liability, which provides a right to damages whenever EU law is breached by Member States. His research ascertains that the doctrine evolved through three stages before becoming the unified approach that it is today. The author emphasizes that the principle’s base lay at the outset of the EEC, when the ECJ sought means to foster the enforcement of EC law. He shows that although State Liability was introduced in Francovich, there was not enough guidance on its application. He highlights that these matters were resolved in Brasserie/Factortame III, which refined the assessment of culpability, but was inconsistent and had to be further clarified in case law. He illustrates that the doctrine was expanded to breaches of EC law by last instance courts in Köbler. Finally, the author examines if breaches of European competition rules could lead to a right to damages under the principle, but concludes that no fourth stage of State Liability can be established.
Download or read book General Liability Insurance Coverage written by Randy J. Maniloff and published by OUP USA. This book was released on 2012-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance coverage disputes raise issues in which laws and outcomes regularly vary from state to state. Whether a claim is covered can depend a great deal on whether the case arises on one side of the street or another. It is imperative that insurance claims professionals, lawyers, brokers, risk managers, risk consultants, regulators and judges have adequate access to comparative state-law research. This book is designed to give the stakeholders in the claims process ready access to the law of all 50 states on the most important liability insurance issues to quickly learn and assess state law relevant to coverage disputes. The Second Edition includes nearly 800 new cases covering all 50 states and the District of Columbia, and adds a new chapter addressing Coverage for Pre-Tender Defense Costs.
Download or read book Product Liability Desk Reference written by MORTON F. DALLER and published by Wolters Kluwer Law & Business. This book was released on 2021-10-21 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability Desk Reference: A Fifty-State Compendium, 2022 Edition
Download or read book Transboundary Environmental Interference and the Origin of State Liability written by R. Lefeber and published by Martinus Nijhoff Publishers. This book was released on 1996-06-03 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: On-going deterioration of the state of the environment and the continuous risk of an environmental disaster has forced society to reconsider its environmental and developmental objectives. For economic and environmental reasons, the costs of prevention and reparation of environmental harm should be channelled to the polluter. However, such channelling may run counter to legal principles. This work scrutinizes this field of tension between economic and legal principles at state level. It provides a unique analysis of traditional thinking on state liability for transboundary harm and the theories which have challenged it since the proliferation of hazardous activities in the 1960s. The author favours a return to traditional thinking, but has an eye for the theories that challenged it with the aim of safeguarding the compensation of victims of transboundary harm.
Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Download or read book Product Liability Desk Reference A Fifty State Compendium 2021 Edition written by Daller, Daller and published by Wolters Kluwer. This book was released on 2020-10-21 with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the front lines of product liability disputes, successful litigation planning begins with immediate access to the product liability laws of various jurisdictions--plus an understanding of the countless differences among them. That's exactly what you get with the thoroughly up-to-date and expanded edition of Product Liability Desk Reference, 2021 Edition, edited by Morton F. Daller. Whether you represent the plaintiff or defendant, the Product Liability Desk Reference, 2021 Edition is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. With coverage that is clear and concise, you will be able to make an initial assessment of the strengths and weaknesses of your case across jurisdictions. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction, resulting in a text that will assist you in making critical choices in product liability disputes wherever they arise. You'll find detailed coverage of each state's standards regarding: Causes of action Statutes of limitation and repose Strict liability Negligence Breach of Warranty Punitive damages Wrongful death Pre- and post-judgment interest Employer immunity from suit Joint and severable liability Relevant statutes to product liability actions. Previous Edition: Product Liability Desk Reference: A Fifty State Compendium, 2020 Mid-Year Edition, ISBN 9781543818925¿ Note: Online subscriptions are for three-month periods.
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 The Handbook of Asset Liability Management State of Art Investment Strategies Risk Controls and Regulatory Required written by Frank Fabozzi and published by McGraw-Hill. This book was released on 1995-10-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated, the Handbook of Assetiability Management helps you keep your protfolio in line and market risk under control. This reference includes; The benefits from risk management; Asset securitization; Measuring interest rate and yield curve risk; Using OAS to implement value at risk balance sheet management; Hedging with derivatives; Implementing controls for managing derivative positions.
Download or read book Limited Liability Company Partnership Answer Book 4th Edition written by Frazier, Strauss and published by Wolters Kluwer. This book was released on 2019-11-18 with total page 2020 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limited Liability Company and Partnership Answer Book
Download or read book Principles of Products Liability written by Mark Geistfeld and published by Foundation Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.
Download or read book Principles of the Institutional Law of International Organizations written by Chittharanjan Felix Amerasinghe and published by Cambridge University Press. This book was released on 2005-02-17 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: New chapter on judicial organs of international organizations; updated chapter on dispute settlement.
Download or read book Medicaid Third party Liability written by United States. Government Accountability Office and published by . This book was released on 2006 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Liability written by G & BOUGHEY WEEKS (J & ROCK, E.) and published by . This book was released on 2019 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Women and Health Research written by Anna C. Mastroianni and published by . This book was released on 1994 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Francovich and the Problem of the Disobedient State written by Carol Harlow and published by . This book was released on 1996 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liquor Liability Law written by James F. Mosher and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Liability in Tort written by Duncan Fairgrieve and published by Oxford University Press on Demand. This book was released on 2003 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
