Download or read book The Handbook on Additional Insureds written by Michael Menapace and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At its most fundamental nature, the purpose of additional insured coverage is to protect the additional insured from claims of vicarious liability, that is, liability based entirely on the relationship between two insureds, as opposed to any active negligence on the part of the additional insured. The Handbook on Additional Insureds serves as that resource by addressing all aspects practitioners are faced with when dealing with this complex coverage.

Download or read book ERISA Survey of Federal Circuits written by Brooks R. Magratten and published by American Bar Association. This book was released on 2007 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Symposium written by and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mass Tort Deals written by Elizabeth Chamblee Burch and published by Cambridge University Press. This book was released on 2019-05-16 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting twenty-two years of multidistrict litigation data, this book exposes a systematic lack of checks and balances in our courts.

Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

Download or read book Mass Tort Settlement Class Actions written by Jay Tidmarsh and published by . This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tort Reform Plaintiffs Lawyers and Access to Justice written by Stephen Daniels and published by University Press of Kansas. This book was released on 2015-06-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort reform is a favorite cause for many business leaders and right-leaning politicians, who contend that out-of-control lawsuits throttle growth and inflate costs, particularly in healthcare. Less is said about how such reforms might affect the ability of individuals to recover damages for injuries suffered through another party's negligence. On that count, Texas--where efforts at tort reform have been energetic and successful--provides an opportunity to appraise the outcome for plaintiffs and their lawyers, an opportunity that Stephen Daniels and Joanne Martin take full advantage of in this timely and provocative work. Because much of the action on tort reform takes place on the state level, a look at the experience of Texas, a large and important state with a very active plaintiff's bar, is especially instructive. Plaintiffs' lawyers work on a contingency fee basis, collecting compensation for themselves as a percentage only if they win. Reduce lawyers' ability to use contingency fees as compensation, as tort reform inevitably does, and you reduce their economic incentive to do this work. Daniels and Martin’s study bears this out. Drawing on over 20 years of research, extensive surveys and interviews, the authors explore the impact the tort reform movement in Texas has had on the ability of plaintiffs to obtain judgments--in short on private citizens' meaningful access to the full power of the law. In the course of their analysis, the authors explain the history and economics behind the workings of the plaintiffs’ bar. They explore how lawyers select cases and clients, as well as the referral process that moves cases among lawyers and allows for specialization. They also examine the effects of medical malpractice reforms on plaintiffs' lawyers--reforms that often close the courthouse doors to certain types of people--tort reform's "hidden victims." Plaintiffs' lawyers are the civil justice system's gatekeepers, providing meaningful access to the rights the law provides. Daniels and Martin’s thorough and fair-minded work offers a unique and sobering perspective on how tort reform can curtail this access--and thus, the legal rights of American citizens.

Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Download or read book Law of Torts written by Bryan M E McMahon and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 2668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.

Download or read book The Multiparty Multiforum Jurisdiction Act of 1991 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1993 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Risks Reputations and Rewards written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2004 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risks, Reputations, and Rewards looks at a variety of interrelated questions about contingency fee legal practice: What is the nature of the contingency fees that lawyers charge? How do lawyers get and screen potential cases? How do contingency fee lawyers interact with their clients and opponents? What is involved in settling these cases? What types of returns do contingency fee cases produce? And what role does reputation play in contingency fee practice? The author argues that to be successful, contingency fee lawyers must generate a portfolio of cases, similar to an investment portfolio with its associated risk. This has a significant impact on how contingency fee lawyers obtain and select cases, manage their work, and deal with the pressures that arise in settling cases. More important, understanding the work of contingency fee lawyers in terms of an ongoing practice rather than in terms of individual cases mitigates some of the significant conflicts that may exist between lawyers and clients.

Download or read book Legal Strategies in Childhood Obesity Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2011-08-08 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.

Download or read book Law and Macroeconomics written by Yair Listokin and published by Harvard University Press. This book was released on 2019-03-11 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.

Download or read book The Measure of Injury written by Martha Chamallas and published by NYU Press. This book was released on 2010-05-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.

Download or read book Into the Gray Zone written by Adrian Owen and published by Simon and Schuster. This book was released on 2017-06-20 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: "From renowned neuroscientist Adrian Owen comes a thrilling, heartbreaking tale of discovery in one of the least-understood scientific frontiers: the twilight region between full consciousness and brain death. People who inhabit this middle region called the 'gray zone' have sustained traumatic brain injuries or are the victims of stroke or degenerative diseases, such as Alzheimer's and Parkinson's. Many are oblivious to the outside world, and their doctors and families often believe they're incapable of thought. But a sizable number of patients--as many as twenty percent--are experiencing something different: intact minds adrift within damaged brains and bodies. In 2006, Adrian Owen led a team that discovered this lost population and made medical history, provoking an ongoing debate among scientists, physicians, and philosophers about the meaning, value, and purpose of life. In Into the Gray Zone, we follow Owen as he pushes forward the boundaries of science, using a variety of sophisticated brain scans, auditory prompts, and even Alfred Hitchcock film clips to not only 'find' patients who are trapped inside their heads but to actually communicate with them and elicit answers to moving questions, such as 'Are you in pain?' and 'Do you want to go on living?' and 'Are you happy?' (Many gray zone patients do, in fact, claim to be satisfied with their quality of life.) Into the Gray Zone shines a fascinating light on how we think, remember, and pay attention. And it shows us how the field of brain-computer interfaces is about to explode, radically changing prognoses for people with impaired brain function and creating, for all of us, the tantalizing possibility of telepathy and augmented intelligence. Ultimately; this is not just a spellbinding story of scientific discovery but a deeply human, affirming book that causes us to wonder anew at the indomitable bonds of love."--Jacket.

Download or read book Symposium Edition written by and published by . This book was released on 2008 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: