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.
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.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Basic Tort Law is a comprehensive introduction to intentional torts, negligence, and strict liability including the fundamental issues of duty, breach, causation, and compensation. Offering comprehensive coverage that is suitable for one or two semester torts courses,Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-16 allow teachers to select additional topics that fit best with their curriculum and interests. New to the Sixth Edition: Thoroughly updated with new cases, problems, and notes, including: a new subsection on potential strict products liability for online marketplaces like Amazon that facilitate sales by third-party vendors; a new subsection comparing liability under trespass and nuisance theories; a contemporary case on but-for causation; two recent cases addressing market share liability; two new cases and a problem on the Restatement (Third) approach to duty; and a new case on the economic loss doctrine. Professors and students will benefit from: These general features help first-year teachers and students achieve their goals: Cases are edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Many statutes are included to allow students to learn to read statutes and to see how important statutes are in tort issues. Students find the book easy to learn from, because each case has clear introductory text and is followed by clear, and not too numerous, notes. There are many problems, mostly in essay format, to test student understanding of every topic in the book. For each topic, there is at least one practice-oriented problem designed to illustrate the variety of contexts in which lawyers confront doctrinal issues. Problems are usually drawn from reported decisions and include citations to those decisions.
This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the effectiveness of the national compensation schemes. This enables the designing of an optimum model of compensation, offering accessibility and effectiveness to the victims of miscarriages of justice and being acceptable to jurisdictions based on common law, and civil law traditions, as well as inquisitorial and adversarial types of criminal process. Moreover, the discussion of the minimum European standard as established in the case law of the European Court of Human Rights enables readers to identify how the Strasbourg Court can contribute to strengthening the compensation scheme. The book will be essential reading for students, academics and policymakers working in the areas of criminal law and procedure.
