Download or read book Documenting Calculating and Proving Damages Or Loss in Commercial Litigation written by Insight Press and published by . This book was released on 1996 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Documenting Calculating and Proving Damages Or Loss in Commercial Litigation written by Insight Educational Services and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Smith Currie Hancock s Common Sense Construction Law written by John M. Mastin and published by John Wiley & Sons. This book was released on 2019-10-01 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

Download or read book Recovery of Damages for Fraud written by Robert L. Dunn and published by . This book was released on 1995 with total page 456 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 Smith Currie Hancock s Common Sense Construction Law written by Thomas J. Kelleher, Jr. and published by John Wiley & Sons. This book was released on 2005-02-04 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bestselling guide to the laws that govern construction Knowledge of construction law and employment law is essential to running a successful construction business. Now, industry professionals don't have to rely on lawyers to translate the sometimes-confusing theories, principles, and established rules that regulate the business. In plain English, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. General contractors, subcontractors, owners, and surety bond agents will turn to this updated edition of the bestselling guide again and again for: Information on intrastate licensure and practice Advice on "Best Value" source selection and alternative project delivery systems Recent trends in claim resolution, including recovery of compensation for delays, extra work, and differing site conditions Expanded coverage on industry safety and environmental issues, including the latest information on project safety, indemnity, mold risks, and insurance coverage issues Helpful "Points to Remember" summarizing important concepts and useful "Checklists" make concepts easy to implement in real-world practice Advice on successfully managing employment issues in the construction industry Complete with a CD-ROM containing over 180 sample contracts and documents from AIA, AGC, and EJCDC, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition is an invaluable reference for industry professionals whose jobs rely on their ability to avoid unwelcome legal surprises that can cripple a project or kill a business.

Download or read book Essentials of Forensic Accounting written by Michael A. Crain and published by John Wiley & Sons. This book was released on 2019-08-06 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essentials of Forensic Accounting Essentials of Forensic Accounting is an authoritative resource covering a comprehensive range of forensic accounting topics. As a foundation review, a reference book, or as preparation for the Certification in Financial Forensics (CFF®) Exam, this publication will provide thoughtful and insightful examination of the key themes in this field, including: Professional responsibilities and practice management Fundamental forensic knowledge including laws, courts, and dispute resolution Specialized forensic knowledge such as bankruptcy, insolvency, reorganization, and valuation Through illustrative examples, cases, and explanations, this book makes abstract concepts come to life to help you understand and successfully navigate this complex area.

Download or read book The Laws of Innkeepers written by Gwen Seaquist and published by Cornell University Press. This book was released on 2018-10-18 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is the new, completely updated and expanded edition of the indispensable handbook used throughout the hospitality industry since The Laws of Innkeepers first appeared in 1972. Containing all the legal information essential to the successful operation of modern hotels, motels, inns, bed-and-breakfasts, clubs, restaurants, and resorts, the book has been extensively revised by John E. H. Sherry to accomodate the far-reaching changes that have occured since the publication of the revised edition in 1981. Sherry, a practicing lawyer and professor of hotel administration, carries over from the highly praised earlier editions detailed information on the rights and responsibilities of host and guest alike. He cites actual cases—ranging from the amusing and the bizarre to the tragic—as examples, and spells out in precise and readily understandable terms exactly what state and federal law says. Broadening the scope of the book to keep up with recent legal developments, the author includes many new case decisions and sumamries from various jurisdictions. Three chapters devoted to employment law, environmental law and land use, and catastrophic risk liability are among the highlights of the new material. These new sections present recent rulings and case law on such timely topics as age, disability, and AIDS discrimination, as well as sexual harassment; government regulation of toxic and hazardous substances and hotel and resort development; and acts of God and the Public Enemy and terrorism.

Download or read book The Musician s Business and Legal Guide written by Mark Halloran and published by Routledge. This book was released on 2017-03-16 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Musician’s Business and Legal Guide provides vital information to help demystify the music business and the complex body of law that shapes it. This book answers such questions as how to protect name and copyright; what is and is not legal about sampling; what are the legal issues surrounding digital downloads and streaming; what are the jobs of managers, talent agents and publishers; what are common contractual relationship between independent and major labels. The new edition includes chapters not covered in depth by other books: social media law, TV talent shows, YouTube, and international copyright. As in previous editions, the book features clause-by-clause contract analyses for 360 record deals, music publishing, management, and producer agreements.

Download or read book How to Calculate and Argue Damages in Commercial Cases written by and published by . This book was released on 1993 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Loan Documentation written by S. Wright and published by Springer. This book was released on 2005-12-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the terms of international loan documentation with comprehensive explanations of the purpose of the provisions and of areas which may require negotiation and with an emphasis on the wording of the Loan Market Association documents. This work covers term loans and revolving credits and includes comparisons of the provisions required for investment grade borrowers, special purpose entities and asset and project based credit risks. It includes discussion of security, due diligence and legal opinions as well as Appendices explaining key issues of English law such as trusts and fiduciary duties; and a glossary of expressions commonly used in this area. The book thus provides a highly practical and comprehensive resource for bankers and lawyers, at all levels of experience, involved in international lending.

Download or read book Business Income Insurance Disputes written by Richard P. Lewis and published by Wolters Kluwer. This book was released on 2012-08-24 with total page 2628 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unexpected business disruptions and income losses can be triggered by many events: by large-scale disasters - hurricanes, floods, earthquakes, explosions - but also by relatively minor happenings such as a local blackout, computer outages, even something as simple as a street closing. What's more, in today's global economy, major business interruptions can be caused by events far away - a breakdown in goods production in Taiwan or a power failure in India. Business Income Insurance Disputes, Second Edition helps you prepare for any eventuality. It covers everything from the basics of first-party property insurance and case law which impacts time-element coverages - to practical strategies for dealing with today's most complex business income insurance law issues and questions. Unlike the majority of books in this field, this new guide focuses primarily on the side of the policyholder. Yet it will prove useful to insurance company counsel and executives as well, giving them valuable insights into the insured's strategies In clear, plain-English terms Business Income Insurance Disputes, Second Edition helps you.... Provide sound insurance advice to your clients or company Review business income insurance forms; resolve problems stemming from vaguely-worded language; see that coverage is sufficient and all necessary clauses are included Determine the rate of loss accurately and prove that loss Protect against common insurance company tactics Negotiate effectively Avoid pitfalls and costly omissions Anticipate court responses Gain the winning edge in litigation

Download or read book Proving and Defending Against Damages in Personal Injury Litigation 1993 written by and published by . This book was released on 1993 with total page 308 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 The Laws of Innkeepers written by John E. H. Sherry and published by Cornell University Press. This book was released on 1993 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is the new, completely updated and expanded edition of the indispensable handbook used throughout the hospitality industry since The Laws of Innkeepers first appeared in 1972. Containing all the legal information essential to the successful operation of modern hotels, motels, inns, bed-and-breakfasts, clubs, restaurants, and resorts, the book has been extensively revised by John E. H. Sherry to accomodate the far-reaching changes that have occured since the publication of the revised edition in 1981. Sherry, a practicing lawyer and professor of hotel administration, carries over from the highly praised earlier editions detailed information on the rights and responsibilities of host and guest alike. He cites actual cases--ranging from the amusing and the bizarre to the tragic--as examples, and spells out in precise and readily understandable terms exactly what state and federal law says. Broadening the scope of the book to keep up with recent legal developments, the author includes many new case decisions and sumamries from various jurisdictions. Three chapters devoted to employment law, environmental law and land use, and catastrophic risk liability are among the highlights of the new material. These new sections present recent rulings and case law on such timely topics as age, disability, and AIDS discrimination, as well as sexual harassment; government regulation of toxic and hazardous substances and hotel and resort development; and acts of God and the Public Enemy and terrorism.

Download or read book Litigation Services Handbook written by Peter B. Frank and published by John Wiley & Sons. This book was released on 1990 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together contributions from practitioners with substantial expertise in many facets of the litigation services field, this handbook provides readers with a wealth of insights drawn from experience gained over years of practice. Each of the six sections addresses a distinct practice area or a specific set of functional tools and techniques. The concepts and methods detailed in the book will benefit professionals in a broad array of fields.

Download or read book The Law of Contract Damages written by Adam Kramer KC and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for previous edition: '... very comprehensive; very competent; and, what I think will be seen as its chief virtue ... very clear' – David Campbell, Law Quarterly Review 'I enjoyed...every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.' – Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.