Download or read book Truck Accident Litigation written by Laura Ruhl Genson and published by American Bar Association. This book was released on 2006 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.

Download or read book Evaluation and Settlement of Personal Injury Cases written by and published by . This book was released on 1976 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Ten Biggest Mistakes that Can Wreck Your Washington Accident Case written by Christopher M. Davis and published by Davis Law Group, P.S.. This book was released on 2007 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Utah Auto Law written by Randall Bunnell and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Searching the Law the States written by Francis R. Doyle and published by . This book was released on 2000 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new two-volume set reproduces the easy-to-use, logically-organized format of Searching the Law for each of the 50 US states. Arranged by state and by topic within each state, it features: as complete a list as possible of all the legal research materials available for each state jurisdiction; thousands of citations to the legal literature of each state; materials applicable to more than one topic listed under each topic; repeated listings under each state and topic where they apply; and author, title, publisher, format and the latest known supplement for each citation.

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 A Treatise on the Law of the Measure of Damages for Personal Injuries written by George Philemon Voorheis and published by . This book was released on 1903 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Martindale Hubbell Dispute Resolution Directory written by and published by . This book was released on 1996 with total page 2990 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Department of Justice Authorization Civil Division Foreign Claims Settlement Commission of the United States written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1982 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Personal Injury Litigation in Texas written by State Bar of Texas. Committee on Continuing Legal Education and published by . This book was released on 1961 with total page 1180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Juror s Handbook written by Lynn Buchanan and published by . This book was released on 2005-01-01 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.

Download or read book Legal Aspects of Health Care Administration written by George D. Pozgar and published by Jones & Bartlett Publishers. This book was released on 2016 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most trusted resource in healthcare law is this classic text from George Pozgar, now completely revised. With new case studies in each chapter, The 12th edition continues to serve as an ideal introduction to the legal and ethical issues in the healthcare workplace. The 12th edition presents a wide range of health care topics in a comprehensible and engaging manner that will carefully guide your students through the complex maze of the legal system. This is a book they will hold on to throughout their careers. In addition to new cases, news clippings, the 12th edition introduces new real life experiences in the form of Reality Checks. Course instruction is made easy with helpful instructor resources such as PowerPoint(TM) slides, Instructor's Manual, TestBank, and more.

Download or read book The Martindale Hubbell Law Directory written by and published by . This book was released on 2004 with total page 3228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State by State Guide to Commercial Real Estate Leases 2024 Edition written by Senn and published by Wolters Kluwer Law & Business. This book was released on with total page 3592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Characteristics of State Plans for Aid to Families with Dependent Children Under the Social Security Act Title IV A and for Guam Puerto Rico Virgin Islands written by and published by . This book was released on with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Securing Protections for the Injured from Limitations on Liability Act written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2010 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book State by State Guide to Commercial Real Estate Leases Sixth Edition written by Mark A. Senn and published by Wolters Kluwer. This book was released on 2015-12-15 with total page 3250 pages. Available in PDF, EPUB and Kindle. Book excerpt: State-by-State Guide to Commercial Real Estate Leases is the only reference that cuts through the tangle of state laws and gathers togetherand—in one two volume setand—the essential information you need to know. It's all presented in a unique instant-access format that's quick and easy to use. With the new Sixth Edition of State-by-State Guide to Commercial Real Estate Leases, your days of fumbling through multiple titles for the valuable information you need are over. Built around 51 comprehensive charts, State-by-State Guide to Commercial Real Estate Leases reviews the relevant statutes in each state that regulate every facet of commercial real estate leasing. It gives you the statutes themselves, plus commentary explaining how they are used, case law, citations of authority, and more. Whether you're in private practice or part of an in-house legal group, this ready reference to relevant statutes is sure to help you: Cut down research time Spot possible problems early and correct or work around them Avoid costly and embarrassing mistakes Protect yourself, your company, and/or your clients at every step State-by-State Guide to Commercial Real Estate Leases is written by the top real estate lawyers in each stateand—pre-eminent practitionersand—so you can be sure itand’s authoritative and accurate. Each expert contributor has researched over 100 specific aspects of commercial real estate leasingand—from assignments and subleases to tenant's obligations and attorneys' feesand—to bring you the most complete and up-to-date coverage available anywhere today.