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Author : Jeffrey Axelrad
Publisher :
ISBN 13 :
Total Pages : 206 pages
Book Rating : 4.F/5 ( download)
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:
Author : Gary L. Wickert
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233291
Total Pages : 1300 pages
Book Rating : 4.5/5 (782 download)
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.
Author : Hazel Fox
Publisher : OUP Oxford
ISBN 13 : 0191669768
Total Pages : 3290 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Author : Page Keeton
Publisher : West Academic Publishing
ISBN 13 : 9780314242532
Total Pages : 0 pages
Book Rating : 4.2/5 (425 download)
Download or read book Prosser and Keeton on the Law of Torts written by Page Keeton and published by West Academic Publishing. This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Edwin Montefiore Borchard
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.A/5 ( download)
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Xiaodong Yang
Publisher : Cambridge University Press
ISBN 13 : 0521844010
Total Pages : 941 pages
Book Rating : 4.5/5 (218 download)
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author : Arnold H. Rutkin
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (85 download)
Download or read book Family Law and Practice written by Arnold H. Rutkin and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Neil M. Levy
Publisher :
ISBN 13 :
Total Pages : 1100 pages
Book Rating : 4.:/5 (38 download)
Download or read book California Torts written by Neil M. Levy and published by . This book was released on 1992 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jim Walsh
Publisher : University of Texas Press
ISBN 13 : 1477324720
Total Pages : 449 pages
Book Rating : 4.4/5 (773 download)
Download or read book The Educator's Guide to Texas School Law written by Jim Walsh and published by University of Texas Press. This book was released on 2022-09-13 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The standard legal resource for Texas educators.
Author : John William Buck
Publisher : London : Henry Butterworth
ISBN 13 :
Total Pages : 724 pages
Book Rating : 4.R/5 ( download)
Download or read book Cases in Bankruptcy written by John William Buck and published by London : Henry Butterworth. This book was released on 1820 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sheldon H. Nahmod
Publisher :
ISBN 13 : 9781632815507
Total Pages : 0 pages
Book Rating : 4.8/5 (155 download)
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
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.
Author : Richard R. Hammar
Publisher :
ISBN 13 : 9780882435800
Total Pages : 456 pages
Book Rating : 4.4/5 (358 download)
Download or read book Pastor, Church & Law written by Richard R. Hammar and published by . This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anna C. Mastroianni
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (97 download)
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:
Author : Paul Figley
Publisher : American Bar Association
ISBN 13 : 9781641052917
Total Pages : 0 pages
Book Rating : 4.0/5 (529 download)
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.
Author : James Beck
Publisher : Law Journal Press
ISBN 13 : 9781588521217
Total Pages : 982 pages
Book Rating : 4.5/5 (212 download)
Download or read book Drug and Medical Device Product Liability Deskbook written by James Beck and published by Law Journal Press. This book was released on 2004 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Author : Charles Nemeth
Publisher : Elsevier
ISBN 13 : 0123869234
Total Pages : 637 pages
Book Rating : 4.1/5 (238 download)
Download or read book Private Security and the Law written by Charles Nemeth and published by Elsevier. This book was released on 2011-10-13 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement. - Authoritative, scholarly treatise sheds light on this increasingly important area of the law - Historical background helps readers understand the present by seeing the full context of recent developments - National scope provides crucial parameters to security practitioners throughout the US - NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement
