Distribution by Scientific Domains

Kinds of Litigation

  • malpractice litigation
  • right litigation
  • tort litigation

  • Terms modified by Litigation

  • litigation authority
  • litigation case
  • litigation process
  • litigation risk

  • Selected Abstracts


    FAMILY COURT REVIEW, Issue 4 2007
    Hon. Arline Rotman
    No abstract is available for this article. [source]


    Joseph E. Harrington Jr.
    Standard methods in the U.S. for calculating antitrust damages in price-fixing cases are shown to create a strategic incentive for firms to price above the non-collusive price after the cartel has been dissolved. This results in an overestimate of the but for price and an underestimate of the level of damages. The extent of this upward bias in the but for price is greater, the longer the cartel was in place and the more concentrated the industry. [source]

    Litigation and alcohol policy: lessons from the US Tobacco Wars

    ADDICTION, Issue 2009
    James F. Mosher
    ABSTRACT Aims This paper explores the role of litigation in preventing alcohol-related harms, identifying lessons from the use of litigation in tobacco control policy in the United States. It analyzes the key components of litigation in an international context, provides a case study of its potential use in addressing the marketing of alcopops to youth and offers recommendations for pursuing litigation strategies in future alcohol policy efforts. Methods The paper's analyses are based on both original and secondary legal research. State and federal case law and secondary sources are reviewed in assessing lessons learned from tobacco litigation in the United States and the potential role of litigation in alcohol policy, both in the United States and internationally. Assessment of alcohol litigation cases and state and federal laws and regulations provides the foundation for the alcopops case study. Findings The tobacco litigation experience demonstrates that litigation is a powerful tool in addressing aggressive marketing by purveyors of addictive products such as alcohol. Conclusions To be effective at both national and international levels, litigation should encompass a broad array of legal tactics designed to identify and restrict unfair, deceptive and misleading alcohol marketing tactics and should be utilized in conjunction with complementary prevention strategies. Research conducted on the impact of alcohol marketing on youth alcohol consumption and problems is needed to support potential litigation claims. Developing litigation expertise within the alcohol policy field and building collaboration with litigation specialists in tobacco control should also be considered a high priority. [source]


    FAMILY COURT REVIEW, Issue 4 2006
    Dori CohenArticle first published online: 11 SEP 200
    Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner. [source]

    Institutional Investors and Shareholder Litigation

    Sergey S. Barabanov
    We examine whether institutional investors are able to avoid future litigation. Our results show that institutions provide a fiduciary role by decreasing or eliminating their positions in sued firms well before litigation begins. We also find that institutional groups with high monitoring ability (independent investment advisors and mutual funds) are more proactive in their trading behavior than are institutions with low monitoring ability (banks, insurance companies, and unclassified institutions such as endowments, foundations, and self-managed pension funds). We find that percentage changes in institutional ownership are correlated with public information available more than two quarters before litigation. [source]

    The Implications of ADA Litigation for Employers: A Review of Federal Appellate Court Decisions

    Barbara A. Lee
    Analysis of litigation outcomes indicates that most plaintiffs who sue under the Americans with Disabilities Act are unsuccessful. Equal Employment Opportunity Commission enforcement data and six years of federal appellate court decisions were reviewed, as well as recent rulings of the United States Supreme Court. The courts are interpreting the ADA very narrowly, and very few plaintiffs prevail. The results of this research suggest that if employers engage in an individualized assessment of whether an individual is protected by the law and whether the requested accommodation is reasonable, legal liability will be minimized. © 2001 John Wiley & Sons, Inc. [source]

    Marital Litigation and English Tabloid Journalism: Crim.


    First page of article [source]

    Disciplined Litigation, Vigilant Litigation, and Deformation: Dramatic Organization Change in Jehovah's Witnesses

    Pauline Côté
    Jehovah's Witnesses' long-term development presents an interesting case of evolution in line with the "deformation thesis," an attempt at explaining dramatic shifts in organizational forms, activities, and even beliefs in controversial religious minorities. Derived from resource mobilization tradition, this thesis assumes that radical transformations result from major defensive resource allocation mandated by negative reactions of societal institutions. This is especially the case with reference to the adoption by Jehovah's Witnesses, a millenarian group, of a "disciplined litigation"strategy in the 1940s, a pattern later to be incorporated in religious activities and beliefs of the organization. Today, disciplined litigation and its successor, "vigilant litigation," seem legitimate ways to adapt to the prevailing religious climate and structure. As such, it can be conceived as a model for defensive moves taken by "younger" controversial religious minorities and reflects the enormous influence of the law and legal systems in shaping minority religions. [source]

    The Media, Litigation, and the COX2 Debate

    Marvin Moser MD Editor in Chief
    No abstract is available for this article. [source]

    Placing "Standard of Care" in Context: The Impact of Witness Potential and Attorney Reputation in Medical Malpractice Litigation

    Catherine T. Harris
    Previous empirical studies have speculated about the role that factors other than negligence play in the resolution of medical malpractice claims. The present study identifies and evaluates the impact of three "strategic variables" in the medical malpractice litigation process: the witness potential of the defendant physician, the witness potential of the plaintiff, and the reputation of the plaintiff's attorney. These factors, unrelated to standard of care, make a difference in the outcome of medical malpractice cases. Data were collected from insurance company files on cases filed in the North Carolina state courts between 1991 and 1995. Analyses revealed that when the insurers' outside (physician) reviewers rated liability as probable, based on standard of care, settlement occurred in most of the cases. However, when liability was rated as uncertain or unlikely, strategic variables such as perceived witness potential and the reputation of the plaintiff's counsel were significant predictors of case outcome. Cases in which the defendant physician had a strategic advantage were much less likely to settle, while cases in which the plaintiff had a strategic advantage were much more likely to settle. [source]

    Health, Social Movements, and Rights-based Litigation in South Africa

    Marius Pieterse
    This article investigates the impact of rights-based litigation on social struggles in the South African health sector. It considers the manner in which individuals and social movements have utilized rights and the legal process in their efforts to dismantle the ill-health/poverty cycle, in the particular context of the struggle for universal access to treatment for HIV/AIDS. Relying on literature concerning the transformative potential of socio-economic rights litigation and on examples from South African case law, the article critically evaluates the gains that have been made and the obstacles that have been encountered in this context. It argues that rights-based litigation presents a powerful tool in the struggle against poverty, but also elaborates on structural and institutional hurdles that continue to inhibit the effectiveness of rights-based strategies in this regard. [source]

    The Contingency Legal Aid Fund: A Third Way to Finance Personal Injury Litigation

    David Capper
    Northern Ireland missed out on all the major reforms to civil justice which took place in England and Wales during the 1980s and 1990s. However the reform movement is now gathering pace and a Legal Services Commission is due to start work in the spring of 2003. This article considers how personal injury claims might be funded. The government wants to introduce conditional fee agreements (CFAs) but widespread hostility expressed by many interested parties led to the consideration of an alternative funding system, the Contingency Legal Aid Fund (CLAF). The relative merits of CFAs and CLAF are considered in the following pages. [source]

    Equity in Toxic Tort Litigation: Unjust Enrichment and the Poor,

    LAW & POLICY, Issue 2 2004
    This paper proposes to explore the current and prospective role of equitable theories and remedies in toxic tort litigation. The argument is for an unjust enrichment remedy in certain property pollution cases. The idea is to remove the monetary incentive for polluting economically depressed areas. Two specific areas of investigation come immediately to mind. First, courts have already embraced equitable remedies to address pollution damages. Under Ayers and its progeny, many states have allowed the equitable remedy medical monitoring. What is important to understand is how legal relief for increased risk claims would have been inadequate and also the propriety of finding an equitable approach. Second, moving from personal injury to real property damage claims, we see a similar opportunity for use of equitable relief under an unjust enrichment theory. Currently, there is much debate about the propriety of restoration damages as opposed to fair market value (FMV) damages for the landowners whose property is damaged by the pollution of another. Each approach has various strengths and weaknesses. A better approach might be to use unjust enrichment on a law and economics basis as a remedy to force polluters to internalize the cost of pollution. For instance, take a polluter who pollutes the neighboring environs in lieu of paying one million dollars in disposal and storage costs. Assume the neighboring properties are only worth three hundred thousand dollars on a FMV approach. Assume further that restoration costs are ten million dollars, but that the relevant government agency would accept a natural attenuation clean-up approach. How should the remedy be set, and should one consider allowing a de facto pollution easement? [source]

    The Logics of Supranational Human Rights Litigation, Official Acknowledgment, and Human Rights Reform: The Southeast Turkey Cases before the European Court of Human Rights, 1996,2006

    LAW & SOCIAL INQUIRY, Issue 2 2010
    ak Çal
    This article examines the domestic impact of supranational human rights litigation on acknowledgment of state violence in the context of macroprocesses of global governance. The article's argument is that the impact of supranational human rights litigation on the process of acknowledgment must be seen through counternarratives on state violence. The article undertakes a detailed textual analysis of the truth claims and denial strategies that emerged from the European Court of Human Rights proceedings on state violence during Turkey's struggle against the armed group the Kurdistan Workers Party (PKK). It assesses these in the context of the human rights reforms that were created following pressure from European-level governance processes. The article argues that attention must be paid to agency in acknowledgment and truth-telling processes, and points to the limits of technical-bureaucratic forms of human rights reform interventions in the context of state violence. [source]

    In Defense of Asbestos Tort Litigation: Rethinking Legal Process Analysis in a World of Uncertainty, Second Bests, and Shared Policy-Making Responsibility

    LAW & SOCIAL INQUIRY, Issue 1 2009
    Jeb Barnes
    A central question in American policy making is when should courts address complex policy issues, as opposed to defer to other forums? Legal process analysis offers a standard answer. It holds that judges should act when adjudication offers advantages over other modes of social ordering such as contracts, legislation, or agency rule making. From this vantage, the decision to use common law adjudication to address a sprawling public health crisis was a terrible mistake, as asbestos litigation has come to represent the very worst of mass tort litigation. This article questions this view, arguing that legal process analysis distorts the institutional choices underlying the American policy-making process. Indeed, once one considers informational and political constraints, as well as how the branches of government can fruitfully share policy-making functions, the asbestos litigation seems a reasonable and, in some ways, exemplary, use of judicial power. [source]

    Legal Mobilization and the Politics of Reform: Lessons From School Finance Litigation in Kentucky, 1984-1995

    LAW & SOCIAL INQUIRY, Issue 3 2001
    Michael Paris
    This article is about legal mobilization by claimant groups seeking left-liberal reform in the United States. Drawing on a growing body of work in political science and legal studies, it takes an interpretive, legal-mobilization approach to one litigation-based reform effort: school finance litigation and education reform in Kentucky. In turn, this case study provides leverage for theorizing about legal mobilization and the role of law and courts in social reform. The article argues that current theoretical approaches either overlook or neglect the implications of important dimensions of legal mobilization by would-be reformers. Specifically, it highlights and explicates the meaning of two related themes: (1) legal translation, taken up here as legal framing and legal construction, and (2) the degree of coherence or fit between the legal and political components of reform projects that include both legal mobilization and extrajudicial strategies and tactics. This article suggests that the "degree of coherence" may have an important but underappreciated relationship to the overall success or failure of such reform projects. [source]

    When Businesses Sue Each Other: An Empirical Study of State Court Litigation

    LAW & SOCIAL INQUIRY, Issue 3 2000
    Ross E. Cheit
    Using a mixture of court docket data and case files, we construct a data set of business litigation in Rhode Island Superior Court during 1987 and 1988. Business litigation is defined as a suit involving an economic firm as both a plaintiff and a defendant. The empirical analysis complements recent scholarship providing answers to descriptive questions about the frequency, nature of, parties to, and intensity of the business litigation docket. Using Standard Industrial Classification (SIC) codes, indicators of industry participation in litigation are developed, and positive analysis undertaken to explain variation across industries. Several hypothesis are developed and tested using quantitative analysis. We conclude that contextual economic conditions favoring the creation of long-term business relationships help prevent litigation between firms. [source]

    Stoneridge, Securities Fraud Litigation, and the Supreme Court

    Robert A. Prentice
    First page of article [source]

    Damned If You Do and Damned If You Don't: Title VII and Public Employee Promotion Disparate Treatment and Disparate Impact Litigation

    Robert N. Roberts
    What has been the impact of the U.S. Supreme Court's 2009 decision in Ricci v. Destefano on the selection and promotion practices of public employers?; Relying solely on circumstantial evidence, the Supreme Court held that the Civil Service Board of New Haven, Connecticut, had engaged in Title VII disparate treatment discrimination by refusing to certify the results of a promotion examination that led, in turn, to a disparate impact on African American firefighters. To limit the discretion of public employers to disregard such selection and promotion exam results, the Ricci majority held that a public employer must "have a strong basis in evidence to believe it will be subject to disparate-impact liability if it fails to the take the race-conscious discriminatory action." This article argues that the decision effectively prohibits public employers from rejecting the results of selection and promotion instruments, even though there is evidence that screening instruments inequitably affect protected groups. It also forces public employers to become more careful in developing selection and promotion examinations or face the possibility of costly Title VII litigation. [source]

    Litigation as a Strategy in Penal Reform

    Claire Valier
    With this context in mind, the significance of a recent action for judicial review is discussed. In this landmark case, the Howard League for Penal Reform successfully challenged the legality of the Home Secretary's policy on children held in young offender institutions. The article describes the changing strategies employed by the League, and particularly contrasts ,persuasion and influence' with the turn to litigation. The ability of judicial review, as a specific kind of litigation, to further the goals of penal reform, is considered. Two principal arguments are advanced, namely: (i) that legal strategies are an important means through which penal policy is contested, and (ii) that legal actions contribute to the pursuit of informed modes of public engagement with questions about criminal justice. [source]

    The legal and economic forces that will shape the international market for cybersurgery

    EKVAHSC, Thomas R. McLean MD
    Abstract Background Despite the common use of medical devices most health care providers have little understanding how a device alters medical malpractice litigation. Such knowledge will be increasingly valuable as cybersurgery (i.e. remote robotic surgery) becomes routine. Methods Review of the laws governing products and telecommunication liability. Results Litigation after cybersurgery will be complex. In addition to being able to sue physicians and hospitals, patients who sustain an adverse outcome after cybersurgery will have the potential to sue the robotic manufacturer and telecommunication company. Robotics manufacturers can obtain virtual immunity from liability if they elected to place their devices on the market after obtaining §360 per-market approval from the FDA. However, because §360 pre-market approval is expensive and time consuming most medical devices on the market (including the robotic surgical instruments) do not have immunity to products liability. Consequently, after an adverse cybersurgical outcome a manufacturer of a robotic surgical instrument faces liability for failure to warn, design defects, and failure to properly manufacture. As for telecommunication providers, existing law provides them with immunity from liability. Conclusions Litigation following cybersurgery will involve multiple defendants who are likely to use "finger pointing" defenses. Accordingly, there will be liability traps associated with providing cybersurgery. Copyright © 2006 John Wiley & Sons, Ltd. [source]

    Managerial Opportunism during Corporate Litigation

    THE JOURNAL OF FINANCE, Issue 4 2005
    ABSTRACT Using a large sample of litigation events involving publicly listed defendants, we document a surprising fact. The resolution of litigation through a court's decision dominates settlement of litigation from the shareholders' point of view, even when the firm loses. We develop a model using agency costs within the firm to explain why the market views settlement as a negative outcome on average and find empirical evidence supporting the implications of the model. Specifically, firms with weak corporate governance settle litigation more quickly, and the market reacts more negatively to settlements involving firms with higher agency costs. [source]

    The Pros and Cons of Litigation in Public Health

    Gihan Barsoum
    No abstract is available for this article. [source]

    Correspondence: Litigation related to regional anaesthesia: careful reading and interpretation needed

    ANAESTHESIA, Issue 9 2010
    T. M. Cook
    No abstract is available for this article. [source]

    Litigation related to airway and respiratory complications of anaesthesia: an analysis of claims against the NHS in England 1995,2007

    ANAESTHESIA, Issue 6 2010
    T. M. Cook
    Summary Claims notified to the NHS Litigation Authority in England between 1995 and 2007 and filed under anaesthesia were analysed to explore patterns of injury and cost related to airway or respiratory events. Of 841 interpretable claims the final dataset contained 96 claims of dental damage, 67 airway-related claims and 24 respiratory claims. Claims of dental damage contributed a numerically important (11%), but financially modest (0.5%) proportion of claims. These claims predominantly described injury during tracheal intubation or extubation; a minority associated with electroconvulsive therapy led to substantial cost per claim. The total cost of (non-dental) airway claims was £4.9 million (84% closed, median cost £30 000) and that of respiratory claims was £3.3 million (81% closed, median £27 000). Airway and respiratory claims account for 12% of anaesthesia-related claims, 53% of deaths, 27% of cost and ten of the 50 most expensive claims in the dataset. Airway claims most frequently described events at induction of anaesthesia, involved airway management with a tracheal tube and typically led to hypoxia and patient death or brain injury. Airway trauma accounted for one third of airway claims and these included deaths from mediastinal injury at intubation. Pulmonary aspiration and tube misplacement, including oesophageal intubation, led to several claims. Among respiratory claims, ventilation problems, combined with hypoxia, were an important source of claims. Although limited clinical details hamper analysis, the data suggest that most airway and respiratory-related claims arise from sentinel events. The absence of clinical detail and denominators limit opportunities to learn from such events; much more could be learnt from a closed claim or sentinel event analysis scheme. [source]

    Litigation related to regional anaesthesia: an analysis of claims against the NHS in England 1995,2007,

    ANAESTHESIA, Issue 5 2010
    K. Szypula
    Summary We analysed 366 claims related to regional anaesthesia and analgesia from the 841 anaesthesia-related claims handled by the National Health Service Litigation Authority between 1995 and 2007. The majority of claims (281/366, 77%) were closed at the time of analysis. The total cost of closed claims was £12 724 017 (34% of the cost of the anaesthesia dataset) with a median (IQR [range]) of £4772 (£0,28 907 [£0,2 070 092]). Approximately half of the claims (186/366; 51%) were related to obstetric anaesthesia and analgesia and of the non-obstetric claims, the majority (148/180; 82%) were related to neuraxial block. The total cost for obstetric closed claims was £5 433 920 (median (IQR [range]) £5678 (£0,27 690 [£0,1 597 565]) while that for non-obstetric closed claims was £7 290 097 (£3337 (£0,31 405 [£0,2 070 062]). Non-obstetric claims were more likely to relate to severe outcomes than obstetric ones. The maximum values of claims were higher for claims related to neuraxial blocks and eye blocks than for peripheral nerve blocks. Despite many limitations, including lack of clinical detail for each case, the dataset provides a useful overview of the extent, patterns and cost associated with the claims. [source]

    Litigation in obstetric general anaesthesia: an analysis of claims against the NHS in England 1995,2007

    ANAESTHESIA, Issue 5 2010
    K. J. Ashpole
    No abstract is available for this article. [source]

    Litigation related to drug errors in anaesthesia: an analysis of claims against the NHS in England 1995,2007

    ANAESTHESIA, Issue 12 2009
    J. Cranshaw
    Summary Ninety-three claims (total cost £4 915 450) filed under ,anaesthesia' in the NHS Litigation Authority database between 1995 and 2007, alleging patient harm directly by drug administration error or by an allergic reaction, were analysed. Alleged errors were categorised using systems employed by the National Coordinating Council for Medication Error Reporting and Prevention, the American Society of Anesthesiologists Closed Claims Project and the UK Health and Safety Executive. The severity of outcome in each claim was categorised using adapted National Patient Safety Agency definitions. Sixty-two claims involved alleged drug administration errors (total cost £4 283 677) and 15 resulted in severe harm or death. Half alleged the administration of the wrong drug, in most (16) a neuromuscular blocker. Of the claims alleging the wrong dose had been given (25), nine alleged opioid overdose including by neuraxial routes. The most frequently recorded adverse outcomes were awake paralysis (19 claims; total cost £182 347) and respiratory depression requiring intensive care treatment (13 claims; total cost £2 752 853). Thirty-one claims involved allergic reactions (total cost £631 773). In 20 claims, the patient allegedly received a drug to which they were known to be allergic (total cost £130 794). All claims in which it was possible to categorise the nature of the error involved human error. Fewer than half the claims appeared likely to have been preventable by an ,ideal double checking process'. [source]

    Litigation related to inadequate anaesthesia: an analysis of claims against the NHS in England 1995,2007

    ANAESTHESIA, Issue 8 2009
    R. Mihai
    Summary Inadequate anaesthesia may cause distress to the patient and lead to medical litigation. All claims made to the NHS Litigation Authority 1995,2007 were obtained and the data was examined independently by all authors and classified. In a dataset of 1067 claims there were 161 cases of inadequate anaesthesia and data were suitable for analysis in 159: intra-operative awareness (79), brief awake paralysis (20) and inadequate regional anaesthesia (60). The total cost of closed claims was £3.2m. Cost was incurred in 100% of claims of brief awake paralysis, 87% of claims of awareness and 80% of claims of inadequate regional blockade. Mean cost of closed claims was £32 680 for anaesthetic awareness, £29 345 for inadequate regional blockade and £24 364 for brief awake paralysis. Inadequate anaesthesia accounts for 19% of anaesthesia-related claims in the NHS in England. Strategies that reduce anaesthetic awareness, drug errors and inadequate regional blockade are known and their improved implementation is likely to reduce such claims. [source]

    Litigation related to anaesthesia: an analysis of claims against the NHS in England 1995,2007

    ANAESTHESIA, Issue 7 2009
    T. M. Cook
    Summary The distribution of medico-legal claims in English anaesthetic practice is unreported. We studied National Health Service Litigation Authority claims related to anaesthesia since 1995. All claims were reviewed by three clinicians and variously categorised, including by type of incident, claimed outcome and cost. Anaesthesia-related claims account for 2.5% of all claims and 2.4% of the value of all claims. Of 841 relevant claims 366 (44%) were related to regional anaesthesia, 245 (29%) obstetric anaesthesia, 164 (20%) inadequate anaesthesia, 95 (11%) dental damage, 71 (8%) airway (excluding dental damage), 63 (7%) drug related (excluding allergy), 31 (4%) drug allergy related, 31 (4%) positioning, 29 (3%) respiratory, 26 (3%) consent, 21 (2%) central venous cannulation and 18 (2%) peripheral venous cannulation. Defining which cases are, from a medico-legal viewpoint, ,high risk' is uncertain, but the clinical categories with the largest number of claims were regional anaesthesia, obstetric anaesthesia, inadequate anaesthesia, dental damage and airway, those with the highest overall cost were regional anaesthesia, obstetric anaesthesia, and airway and those with the highest mean cost per closed claim were respiratory, central venous cannulation and drug error excluding allergy. The data currently available have limitations but offer useful information. A closed claims analysis similar to that in the USA would improve the clinical usefulness of analysis. [source]