The Mexican American Struggle for Equal Educational Opportunity in Mendez v. Westminster: Helping to Pave the Way for Brown v. Board of Education

ERIC Educational Resources Information Center

Valencia, Richard R.

2005-01-01

Few people in the United States are aware of the central role that Mexican Americans have played in some of the most important legal struggles regarding school desegregation. The most significant such case is Mendez v. Westminster (1946) , a class-action lawsuit filed on behalf of more than 5,000 Mexican American students in Orange County,…

Disciplinary and Legal Actions Against Dermatologists in Canada.

PubMed

Nasseri, Eiman

2016-01-01

Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

Guide to preemption of state-law claims against Class III PMA medical devices.

PubMed

Whitney, Daniel W

2010-01-01

There is a perception that the express preemption holding of the Supreme Court in Riegel v. Medtronic, 552 U.S. 312(2008), immunizes medical device manufacturers from common law personal injury actions involving Class III devices that received FDA clearance under a premarket approval application (PMA). In the aftermath of Riegel, many lawsuits involving Class III PMA devices have been dismissed by district courts applying the new heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Other lawsuits involving Class III PMA devices premised on fraud-on-FDA have been dismissed based on the implied preemption holding of the Supreme Court in Buckman v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001). When these decisions are carefully analyzed together with Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), which found no preemption regarding a Class III device receiving FDA clearance through the 510(k) mechanism, it is apparent that the preemption defense does not apply universally to Class III PMA devices. The overall methodology for framing a non-preempted claim is to first identify conduct which violated the PMA or other specific requirements related to safety or efficacy. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.

77 FR 67396 - Notice of Lodging of Proposed Consent Decree Under The Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-09

... lawsuit entitled United States v. Index Sportsmen, Inc. (aka Index Sportsmen Club), Civil Action No. 12-1949. The United States filed this CERCLA lawsuit on behalf of the United States Forest Service. The...

An Experimental Study of Medical Error Explanations: Do Apology, Empathy, Corrective Action, and Compensation Alter Intentions and Attitudes?

PubMed

Nazione, Samantha; Pace, Kristin

2015-01-01

Medical malpractice lawsuits are a growing problem in the United States, and there is much controversy regarding how to best address this problem. The medical error disclosure framework suggests that apologizing, expressing empathy, engaging in corrective action, and offering compensation after a medical error may improve the provider-patient relationship and ultimately help reduce the number of medical malpractice lawsuits patients bring to medical providers. This study provides an experimental examination of the medical error disclosure framework and its effect on amount of money requested in a lawsuit, negative intentions, attitudes, and anger toward the provider after a medical error. Results suggest empathy may play a large role in providing positive outcomes after a medical error.

Educational Malpractice and Academic Negligence in Private Schools: Legal Implications for School Administrators

ERIC Educational Resources Information Center

Hassan, Saman

2009-01-01

The current litigious climate in the United States has resulted in a notably high frequency of lawsuits being filed against the educational system. School administrators are routinely named in lawsuits filed by disgruntled parents and students against schools and their governing bodies. This dissertation reviewed litigious actions in both public…

[Right-to-health litigation in three Latin American countries: a systematic literature review].

PubMed

Reveiz, Ludovic; Chapman, Evelina; Torres, Rubén; Fitzgerald, James F; Mendoza, Adriana; Bolis, Mónica; Salgado, Osvaldo

2013-03-01

Identify and evaluate studies that analyzed characteristics of right-to-health litigation in Brazil, Colombia, and Costa Rica. Studies were evaluated that analyzed characteristics of right-to-health litigation identified through a search of PubMed, LILACS, Cochrane Library, and Scirus (April 2012). Two reviewers evaluated the studies. Variables collected were, among others, grounds for litigation, proportion of lawsuits for benefits covered by the health system, and lawsuits on high-cost technologies. Thirty studies were identified (Brazil 19, Colombia 10, and Costa Rica 1). Judgments were frequently in favor of plaintiffs: Colombia (75%-87%), Costa Rica (89.7%), and Brazil (70%-100%). In Colombia, lawsuits were filed for benefits included in the Compulsory Health Plan (range: 41%-69.9%). In Brazil there was considerable variation in the amount of lawsuits between the Exceptional Circumstance Drug Dispensing Program (13%-31%) and basic medicines in the Unified Health System (approximately 50%). Lawsuits on drugs varied as a percentage of all lawsuits (Colombia 11.9%-35.6%, Costa Rica 30.2%, and Brazil 49.6%). A study in Brazil found a statistically significant difference when comparing lawsuits on exceptional drugs versus all other drugs, by social class; and in another study, according to lawsuits from municipalities with better socioeconomic indicators. A concentration of lawsuits on drug prescribing by a limited group of physicians was reported. Prescribing was not always supported by scientific evidence. Another study found that in half of the cases, the cost of legal proceedings was higher than the cost of the services being claimed. There are similarities in the grounds, nature, and impact of litigation in the context of the countries studied. The studies included show weaknesses of health systems to ensure access to different services as well as in the introduction of new health technologies.

Defining patients' knowledge and perceptions of vaginal mesh surgery.

PubMed

Brown, Lindsay K; Fenner, Dee E; Berger, Mitchell B; Delancey, John O L; Morgan, Daniel M; Patel, Divya A; Schimpf, Megan O

2013-01-01

Given recent government investigations and media coverage of the controversy regarding mesh surgery, we sought to define patients' knowledge and perceptions of vaginal mesh surgery. An anonymous survey was distributed to a convenience sample of new patients at urogynecology and female urology clinics at a single medical center during April to June 2012. The survey assessed patients' demographics, information sources, and beliefs and concerns regarding mesh surgery. The Fisher's exact test was used to identify predictors of patients' beliefs regarding mesh. Logistic and linear regressions were used to identify predictors of aversion to surgery and higher concern regarding future surgery. One hundred sixty-four women completed the survey; 62.2% (102/164) indicated knowledge of mesh surgery for prolapse and/or incontinence and were included in subsequent analyses. The mean ± SD age was 58.0 ± 12.5 years, and 24.5% reported prior mesh surgery. The most common information source was television commercials (57.8%); only 23.5% of the women reported receiving information from a medical professional. Participants indicated the following regarding vaginal mesh: class-action lawsuit in progress (55/102 [54.0%]), causes pain (47/102 [47.1%]), possibility of rejection (35/102 [34.3%]), can cause bleeding and become exposed vaginally (30/102 [29.4%]), and should be removed owing to recall (28/102 [27.5%]). Of these women, 22.1% (19/86) indicated they would not consider mesh surgery. On multivariable logistic regression, level of concern, information from friends/family, and knowledge of class-action lawsuit predicted aversion to mesh surgery. Nearly two thirds of new patients had knowledge of vaginal mesh surgery. We identified considerable misinformation and aversion to future mesh surgery among these women.

Exploring knowledge exchange at the research-policy-practice interface in children's behavioral health services.

PubMed

Leslie, Laurel K; Maciolek, Susan; Biebel, Kathleen; Debordes-Jackson, Gifty; Nicholson, Joanne

2014-11-01

This case study explored core components of knowledge exchange among researchers, policymakers, and practitioners within the context of the Rosie D. versus Romney class action lawsuit in Massachusetts and the development and implementation of its remedial plan. We identified three distinct, sequential knowledge exchange episodes with different purposes, stakeholders, and knowledge exchanged, as decision-making moved from Federal Medicaid policy to state Medicaid program standards and to community-level practice. The knowledge exchanged included research regarding Wraparound, a key component of the remedial plan, as well as contextual information critical for implementation (e.g., Federal Medicaid policy, managed care requirements, community organizations' characteristics).

Aula Verde: art as experience in community-based environmental education.

PubMed

Abarca, Marco A

2010-01-01

After winning a class-action lawsuit against unconstitutional prison conditions in Puerto Rico, Marco Abarca managed to direct part of the fine monies accumulated throughout years of litigation toward an investment that would improve the living conditions in one of the largest and poorest housing projects in Puerto Rico. With the participation of parolees and probationers, he began to transform a mosquito-infested badland into a natural haven. Then, with the help of science educators, the group designed a workshop for elementary school children on urban ecology. As the participants organized, what developed was a community-based, self-employed enterprise known as Aula Verde.

Legal and health variations in drug litigation injunctions granted in Minas Gerais

PubMed Central

Coelho, Tiago Lopes; Ferré, Felipe; Campos, Orozimbo Henriques; Acurcio, Francisco de Assis; Cherchiglia, Mariângela Leal; Andrade, Eli Iola Gurgel

2014-01-01

OBJECTIVE To investigate the factors related to the granting of preliminary court orders [injunctions] in drug litigations. METHODS A retrospective descriptive study of drug lawsuits in the State of Minas Gerais, Southeastern Brazil, was conducted from October 1999 to 2009. The database consists of 6,112 lawsuits, out of which 6,044 had motions for injunctions and 5,167 included the requisition of drugs. Those with more than one beneficiary were excluded, which totaled 5,072 examined suits. The variables for complete, partial, and suppressed motions were treated as dependent and assessed in relation to those that were independent – lawsuits (year, type, legal representation, defendant, court in which it was filed, adjudication time), drugs (level five of the anatomical therapeutic chemical classification), and diseases (chapter of the International Classification of Diseases). Statistical analyses were performed using the Chi-square test. RESULTS Out of the 5,072 lawsuits with injunctions, 4,184 (82.5%) had the injunctions granted. Granting varied from 95.8% of the total lawsuits in 2004 to 76.9% in 2008. Where there was legal representation, granting exceeded 80.0% and in lawsuits without representation, it did not exceed 66.9%. In public civil actions (89.1%), granting was higher relative to ordinary lawsuits (82.8%) and injunctions (80.1%). Federal courts granted only 68.6% of the injunctions, while the state courts granted 84.8%. Diseases of the digestive system and neoplasms received up to 87.0% in granting, while diseases of the nervous system, mental and behavioral disorders, and diseases of the skin and subcutaneous tissue received granting below 78.6% and showed a high proportion of suspended injunctions (10.9%). Injunctions involving paroxetine, somatropin, and ferrous sulfate drugs were all granted, while less than 54.0% of those involving escitalopram, sodium diclofenac, and nortriptyline were granted. CONCLUSIONS There are significant differences in the granting of injunctions, depending on the procedural and clinical variances. Important trends in the pattern of judicial action were observed, particularly, in the reduced granting [of injunctions] over the period. PMID:25372172

Judicial demand of medications through the Federal Justice of the State of Paraná

PubMed Central

Nisihara, Renato Mitsunori; Possebom, Ana Carolina; Borges, Luiza de Martino Cruvinel; Shwetz, Ana Claudia Athanasio; Bettes, Fernanda Francis Benevides

2017-01-01

ABSTRACT Objective To describe the profile of lawsuits related to drug requests filled at the Federal Justice of the State of Paraná. Methods A cross-sectional study, and the data were obtained through consulting the lawsuits at the online system of the Federal Justice of Paraná. Results Out of 347 lawsuits included in the study, 55% of plaintiffs were women, with a median age of 56 years. Oncology was the field with more requests (23.6%), and the highest mean costs. A wide variety of diseases and broad variety of requested drugs were found in the lawsuits. Approximately two-thirds of them were requested by the brand name, and the most often requested drugs were palivizumab and tiotropium bromide. Only 14.5% of the requested medicines were registered in the National Medication Register. The Public Defender’s Office filled actions in 89.6% of cases and all lawsuits had an interim relief. The mean time for approval was 35 days and 70% of requests were granted. Conclusion Oncology was the field with the highest demand for medicines at the Federal Justice of Paraná in 2014. A great variety of medications was requested. The Public Defender´s Office represented most lawsuits. All demands had an interim relief, and the majority of requests were granted, within an average of 35 days. PMID:28444095

Can civil lawsuits stem the tide of direct-to-consumer marketing of unproven stem cell interventions.

PubMed

Horner, Claire; Tenenbaum, Evelyn; Sipp, Douglas; Master, Zubin

2018-01-01

The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices. Several patients have filed lawsuits against providers demanding compensation for physical injuries caused by unproven treatments and financial losses due to fraud and false advertising. Lawsuits can be used as a tool not only to compensate plaintiffs but also to achieve positive public health and policy outcomes. In this paper, we explore the value of a public health litigation strategy as a countermeasure against the exploitative practices of the unproven SCI industry by analyzing stem cell lawsuits and comparing them with other major public health litigation efforts. We argue that stem cell lawsuits complement other approaches to reining in unsafe practices. In particular, stem cell lawsuits could intensify publicity and raise awareness of the harms of unproven treatments, set legal precedent, reshape the media narrative from one focused on the right to try or practice to one highlighting the need for adequate safety and efficacy standards, and encourage authorities to turn their attention to policy reform and enforcement.

[Characterization of lawsuits for the supply of "essential" medicines in the State of Rio de Janeiro, Brazil].

PubMed

Pepe, Vera Lúcia Edais; Ventura, Miriam; Sant'ana, João Maurício Brambati; Figueiredo, Tatiana Aragão; Souza, Vanessa Dos Reis de; Simas, Luciana; Osorio-de-Castro, Claudia Garcia Serpa

2010-03-01

Recognition of the right to health raises two practical issues: the government's ethical and legal duty to ensure comprehensive health care and citizens' recourse to legal action to guarantee this right. This study focused on lawsuits to demand "essential" medicines, filed at the State Court of Appeals in Rio de Janeiro, Brazil, in 2006. One hundred and eighty-five suits were examined, and the claims were granted in all but three cases. Median times between filing the suit, the injunction, first ruling, and appellate ruling were 7, 239, and 478 days respectively. In 80.6% of the 98 suits in which the specific medicines could be identified, at least one drug did not belong to any publicly funded list of medicines. This could indicate that lawsuits demanding "essential" drugs were motivated not only by problems in procurement, distribution, and dispensing of medicines but also by non-inclusion of medicines on official lists. Most of the medicines demanded through lawsuits were for conditions involving the cardiovascular and nervous systems.

Patent Lawsuit Reform Act of 2011

THOMAS, 112th Congress

Rep. Latta, Robert E. [R-OH-5

2011-01-07

House - 02/07/2011 Referred to the Subcommittee on Intellectual Property, Competition and the Internet. (All Actions) Notes: For further action, see H.R.1249, which became Public Law 112-29 on 9/16/2011. Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Causation Fallacy 2.0: Revisiting the Myth and Math of Affirmative Action

ERIC Educational Resources Information Center

Hughes, Sherick; Thompson Dorsey, Dana N.; Carrillo, Juan F.

2016-01-01

Justice Goodwin Liu reexamined seminal affirmative action in higher education legal cases beginning with the landmark 1978 case, "Regents of the University of California v. Bakke" and leading up to the U.S. Supreme Court's 2003 decision in "Gratz v. Bollinger." Liu argued that the "Bakke and Gratz" lawsuits were…

29 CFR 1614.110 - Final action by agencies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL... append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final... appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action. [64 FR 37657, July 12...

29 CFR 1614.110 - Final action by agencies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL... append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final... appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action. [64 FR 37657, July 12...

29 CFR 1614.110 - Final action by agencies.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL... append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final... appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action. [64 FR 37657, July 12...

29 CFR 1614.110 - Final action by agencies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL... append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final... appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action. [64 FR 37657, July 12...

29 CFR 1614.110 - Final action by agencies.

Code of Federal Regulations, 2012 CFR

2012-07-01

... Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FEDERAL SECTOR EQUAL... append a copy of the appeal to the final order. A copy of EEOC Form 573 shall be attached to the final... appeals and lawsuits. A copy of EEOC Form 573 shall be attached to the final action. [64 FR 37657, July 12...

When Does Institutional Research Rhetoric Create a Student Cause of Action?

ERIC Educational Resources Information Center

Beassie, Rhonda Vickers

2017-01-01

This chapter asserts that the use and reporting of institutional research (IR) data is an area ripe for litigation. The chapter explores possible student causes of action as they relate to institutional research (IR) data and compares the probable outcomes to reported student lawsuits. The chapter concludes with recommended liability-avoiding…

Professionalism and clinical autonomy in the practice of medicine.

PubMed

Morreim, E Haavi

2002-11-01

Professionalism in medicine requires a reasonable measure of freedom for physicians to determine patients needs based on their own judgment. However, because virtually every medical decision is also a spending decision, third-party payers concerned about rising health care costs have introduced cost-containment tactics that significantly limit physicians accustomed autonomy. In response, groups of physicians have filed class-action lawsuits against managed care plans, alleging causes of action such as fraud, breach of contract, extortion, and violations of federal RICO (Racketeer-Influenced and Corrupt Organizations) law. Such litigation may have merits, but it also faces significant obstacles, in part because the contracts involved may not actually have promised the broad measure of clinical autonomy that the physicians allege was promised, then denied. As physicians seek to restore and retain their professional autonomy, it will be important for them to be increasingly proactive in structuring or modifying the contracts under whose terms they practice as some physicians have successfully done.

Lawsuit Abuse Reduction Act of 2013

THOMAS, 113th Congress

Rep. Smith, Lamar [R-TX-21

2013-07-11

Senate - 11/18/2013 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions) Tracker: This bill has the status Passed HouseHere are the steps for Status of Legislation:

Collective judicial management of mass toxic tort controversies: lessons and issues from the Agent Orange litigation.

PubMed

Novey, L B

1988-01-01

Viewing the Agent Orange litigation as a case study, this article explores the feasibility and desirability of strengthening the powers of the courts to manage toxic tort controversies en masse. The Agent Orange lawsuit, brought on behalf of potentially millions of Vietnam War veterans and family members, charged that herbicides used for military purposes during the war caused a wide range of health problems. This article first reviews the current national debate over how mass toxic tort controversies should be handled, including key legislative reform options, and describes how attention is increasingly focused on ways that the court system might better cope with mass toxic torts. The principal events of the Agent Orange litigation are then summarized, by which the litigation was consolidated into a massive class action, the class action was settled, and a streamlined plan for distributing the settlement fund was adopted. The article evaluates the outcome of the litigation, and discusses whether the solution there can and should be broadly applied to other mass toxic tort cases. This question depends, in part, on a series of complex legal and practical issues, but the author suggests that the question will also depend on what institutional role we expect the judiciary to play within society.

46 CFR 327.4 - Claim requirements.

Code of Federal Regulations, 2012 CFR

2012-10-01

...; ADMINISTRATIVE ACTION AND LITIGATION § 327.4 Claim requirements. (a) Form. The claim may be in any form and shall... of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in...

46 CFR 327.4 - Claim requirements.

Code of Federal Regulations, 2011 CFR

2011-10-01

...; ADMINISTRATIVE ACTION AND LITIGATION § 327.4 Claim requirements. (a) Form. The claim may be in any form and shall... of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in...

Evidence-based process for decision-making in the analysis of legal demands for medicines in Brazil.

PubMed

Figueiredo, Tatiana Aragão; Osorio-de-Castro, Claudia Garcia Serpa; Pepe, Vera Lúcia Edais

2013-11-01

Legal actions have been playing a significant role as an alternative pathway to access to medicines in Brazil. These lawsuits demand medicines used in Primary Health Care as well as medicines that are still in clinical research and have not been market approved by the Brazilian National Agency for Sanitary Surveillance (ANVISA). The goal was to analyze medicines demanded through lawsuits brought to the judicial district which includes the city of Rio de Janeiro, Brazil, from July/2007 to June/2008. The medicines in 281 lawsuits were examined for their respective indications, classified according to their presence in publicly-funded lists, market approval by ANVISA, compliance with national clinical guidelines, existence of alternative therapies in lists and support of indication by scientific evidence. Six different categories were described, which are deemed useful to managers and the Judiciary in decision-making. The support of evidence is of utmost importance for medicines that are not included in public funding lists and also for those with no available therapeutic alternatives.

Why TNCs Will Be Regulated Like Taxis–Historically Speaking

DOT National Transportation Integrated Search

2018-05-01

With the advent of transportation network companies, or TNCs, as they are labeled by the state of California, there has been considerable discussion, legislative action, and lawsuits regarding their attempts to operate without being subject to local ...

75 FR 36654 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-28

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9168-9] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; request for public comment. SUMMARY.... 7413(g), notice is hereby given of a proposed settlement agreement to address lawsuits filed by...

75 FR 82390 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-30

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9246-2] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment. SUMMARY... a proposed settlement agreement to address lawsuits filed by the following groups of Petitioners: (1...

75 FR 82009 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-29

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9245-1] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment. SUMMARY... a proposed settlement agreement to address a lawsuit filed by the Center for Biological Diversity...

78 FR 59684 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-27

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9901-48-OGC] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public... hereby given of a proposed settlement agreement to address a lawsuit filed by the American Forest & Paper...

Texas hair salon settles suit while another faces EEOC action. Equal Employment Opportunity Commission.

PubMed

1995-03-24

The Equal Employment Opportunity Commission (EEOC) has filed suit against the nationally based [name removed] after hair stylist "John Doe" was fired shortly after his employer discovered he was HIV-positive. According to EEOC officials, [name removed] claimed that John Doe was fired for failing to attend a mandatory training class, but the EEOC said the real motivation was the fact that Doe was regarded as disabled. The suit asked the U.S. District Court to enjoin [name removed] from discharging employees based on their HIV status, reinstate Doe, and order the salon to pay Doe back wages, other compensatory damages, and punitive damages. The lawsuit comes just two months after P.M.K. Corporation, which does business as Cost Cutters of [name removed], agreed to pay $13,200 to stylist "Pat Doe," who was fired after her employer discovered she was HIV-positive. The company claimed Pat Doe was terminated because of a layoff, but the EEOC concluded the real reason was her HIV status. Both actions were filed by the EEOC under the Americans with Disabilities Act (ADA). An EEOC representative said that the fact that both actions involved hair salons was coincidental.

76 FR 67728 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-02

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9485-8] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. SUMMARY...), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the Engine...

76 FR 56194 - Proposed Settlement Agreement

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-12

... ENVIRONMENTAL PROTECTION AGENCY [FRL-9462-9] Proposed Settlement Agreement AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Proposed Settlement Agreement; Request for Public Comment. SUMMARY...), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by Allied Energy...

A bill to provide funding for the settlement of lawsuits against the Federal Government for discrimination against Black Farmers.

THOMAS, 111th Congress

Sen. Grassley, Chuck [R-IA

2010-08-03

Senate - 08/03/2010 Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Rightful Discharge: Making "Termination" Mean It Is Really Over: Part 1-Issues and Legislation.

PubMed

Mitchell, Michael S; Koen, Clifford M; Carmichael, Amanda J

One of the most difficult undertakings for any employer is carrying out a decision to terminate an employee. Of all the employment-related actions taken by employers, the act of termination creates the greatest risk of legal liability. Many claims of employment discrimination filed with the Equal Employment Opportunity Commission arise from the act of termination. In many federal courts, employment-related lawsuits account for more than 50% of all court filings; these lawsuits cover a wide range of subjects, such as failure to hire, defamation, breach of contract, and harassment, to name a few. However, most employees sue because they have lost their job or fear they will lose their job. Because these individuals have virtually nothing to lose, they often see filing a claim with the Equal Employment Opportunity Commission or filing a lawsuit as the only viable option-often suing for wrongful discharge. With a thoughtful review of the issues and the legislation addressed in this article, health care managers can reduce the unnecessary risk of expensive, time-consuming litigation.

NRPA Law Review. Combat Karate Class Illustrates ADA "Direct Threat" Exception.

ERIC Educational Resources Information Center

Kozlowski, James C.

2000-01-01

Describes the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities, highlighting a lawsuit involving a boy with AIDS who was barred from a traditional combat-oriented martial arts school. Courts ruled that his exclusion did not violate the ADA because he posed significant health and safety risks to…

Defamation actions.

PubMed

Tapp, A

1999-03-01

Registered nurses working in today's fast paced, high-tech health care environments are aware of their professional accountability and that, at some point, they may be involved in legal proceedings related to their practice. A civil lawsuit alleging negligence is the predominant concern nurses have when they turn their minds to this issue.

Preventing and Defending Actions by School District Employees. NSBA Council of School Attorneys Seminar.

ERIC Educational Resources Information Center

National School Boards Association, Alexandria, VA. Council of School Attorneys.

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…

28 CFR 104.21 - Filing for compensation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related..., but not limited to, the spouse, former spouses, children, other dependents, and parents), to the... reasonably be expected to assert an interest in an award or to have a cause of action to recover damages...

28 CFR 104.21 - Filing for compensation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related..., but not limited to, the spouse, former spouses, children, other dependents, and parents), to the... reasonably be expected to assert an interest in an award or to have a cause of action to recover damages...

Lawsuits in the Air.

ERIC Educational Resources Information Center

Hays, Larry

2000-01-01

Discusses why indoor air quality problems in schools should be treated, not only as a health problem issue, but as a potential for legal actions. What types of proof are needed to make a legal claim involving indoor air problems are addressed as are the elements which constitute a "sick building." (GR)

78 FR 61384 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-03

... the lawsuit entitled United States v. Charles Chrin, et al., Civil Action No. 5:13-cv-05625-LS. In..., Northampton County, Pennsylvania. The proposed Decree requires Settling Defendants Charles Chrin, Chrin Bros... General, Environment and Natural Resources Division, and should refer to United States v. Charles Chrin...

77 FR 76302 - Notice Lodging of Proposed Consent Decree Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-27

... Utilities Company for violations of state and federal opacity, New Source Review, and Title V regulations at the company's electric generating station in Ghent, Kentucky. The proposed consent decree requires... Utilities Company, Civil Action No. 3:12-cv-00076-CFVT. The United States filed this lawsuit under the Clean...

75 FR 11681 - United States v. Daily Gazette Company and Medianews Group, Inc.; Proposed Final Judgment and...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-11

... States complains and alleges as follows: I. Nature of the Action 1. This lawsuit challenges a series of...--until the Department's investigation interrupted those efforts. 5. Because the May 2004 transactions... newsroom staffs, that their editorial policies be ``independently determined,'' and that at the time the...

Deferred Maintenance and the Americans with Disabilities Act.

ERIC Educational Resources Information Center

Davis, Jerry S.

1997-01-01

A national survey investigated actions taken by 338 colleges and universities on deferred maintenance, amount spent to comply with the Americans with Disabilities Act, spending needed to achieve compliance, how long it will take to achieve that goal, and how many institutions had been identified in a complaint or lawsuit. Results are reported by…

Transparent and Open Discussion of Errors Does Not Increase Malpractice Risk in Trauma Patients

PubMed Central

Stewart, Ronald M.; Corneille, Michael G.; Johnston, Joe; Geoghegan, Kathy; Myers, John G.; Dent, Daniel L.; McFarland, Marilyn; Alley, Joshua; Pruitt, Basil A.; Cohn, Stephen M.

2006-01-01

Objective: We set out to determine if there is an increased medical malpractice lawsuit rate when trauma patient cases are presented at an open, multidisciplinary morbidity and mortality conference (M&M). Introduction: Patient safety proponents emphasize the importance of transparency with respect to medical errors. In contrast, the tort system focuses on blame and punishment, which encourages secrecy. Our question: Can the goals of the patient safety movement be met without placing care providers and healthcare institutions at unacceptably high malpractice risk? Methods: The trauma registry, a risk management database, along with the written minutes of the trauma morbidity and mortality conference (M&M) were used to determine the number and incidence of malpractice suits filed following full discussion at an open M&M conference at an academic level I trauma center. Results: A total of 20,749 trauma patients were admitted. A total of 412 patients were discussed at M&M conference and a total of seven lawsuits were filed. Six of the patients were not discussed at M&M prior to the lawsuit being filed. One patient was discussed at M&M prior to the lawsuit being filed. The incidence of lawsuit was calculated in three groups: all trauma patients, all trauma patients with complications, and all patients presented at trauma M&M conference. The ratio of lawsuits filed to patients admitted and incidence in the three groups is as follows: All Patients, 7 lawsuits/20,479 patients (4.25 lawsuits/100,000 patients/year); M&M Presentation, 1 lawsuit/421 patients (29.6 lawsuits/100,000 patients/year); All Trauma Complications, 7 lawsuits/6,225 patients (14 lawsuits/100,000 patients/year). Patients with a complication were more likely to sue (P < 0.01); otherwise, there were no statistical differences between groups. Conclusions: A transparent discussion of errors, complications, and deaths does not appear to lead to an increased risk of lawsuit. PMID:16632999

Legal suits: pharmaceutical industry strategies to introduce new drugs in the Brazilian public healthcare system.

PubMed

Chieffi, Ana Luiza; Barata, Rita de Cássia Barradas

2010-06-01

To assess the distribution rate of legal suits according to drug (manufacturer), prescribing physician, and attorney filing the lawsuit. A descriptive study was carried out to assess the lawsuits in the São Paulo State (Southeastern Brazil) courts registry in 2006, and amounts spent in complying with these lawsuits, and total costs with medication thus resulting. In 2006, the São Paulo State Administration spent 65 million Brazilian reais in compliance with court decisions to provide medication to approximately 3,600 individuals. The total cost of the medication was 1.2 billion Brazilian reais. In the period studied, 2,927 lawsuits were examined. These lawsuits were filed by 565 legal professionals, among which 549 were attorneys engaged by private individuals (97.17% of the total legal professionals). The drugs scope of the lawsuits had been prescribed by 878 different physicians. By assessing the number of lawsuits filed per attorney, it was found that 35% of them were brought before the courts by 1% of them. The data related to the lawsuits and to the medication classified according to manufacturer, show that a small number of attorneys is responsible for the largest number of lawsuits filed to obtain these drugs. The finding that more than 70% of the lawsuits filed for certain drugs are the responsibility of one single attorney, may suggest a close connection between this professional and the manufacturer.

[Legal decisions on access to medicines in Pernambuco, Northeastern Brazil].

PubMed

Stamford, Artur; Cavalcanti, Maísa

2012-10-01

To analyze decisions from the legal system concerning the population's access to medicines within the Brazilian Public Health System through judicial channels, with regard to decision-making criteria and possible political and economic pressure. This was a descriptive retrospective study on documents with a quantitative and qualitative approach. Data were gathered from the State of Pernambuco Superintendency for Pharmaceutical Care, and the data sources used were 105 lawsuits and administrative reports between January and June 2009. It was ascertained which medications have a patent or patent request in the database of the Brazilian Patent Office (INPI), in order to identify the frequency with which patents feature in lawsuits. The data obtained were classified according to Anatomical and Therapeutic Chemical System. To analyze the judicial decisions, the theory of autopoietic social systems was used. There were lawsuits involving 134 medications, with an estimated value of R$ 4.5 million for attending the treatments requested. 70.9% of the medications had a patent or a patent request and they were concentrated in three therapeutic classes: antineoplastic and immunomodulating agents; digestive tract and metabolism; and sensory organs. Six central ideas within judges' decision-making criteria were identified (the federal constitution and medical prescriptions), along with pressure between the legal, economic and political systems concerning access to medications. The analysis on judicial decisions based on the theory of autopoietic social systems made it possible to identify mutual stimulation (dependency) between the legal system and other social systems in relation to the issue of citizens' access to medications. This dependency was represented by the federal constitution and intellectual property. The federal constitution and medical prescription were identified as decision-making criteria in lawsuits. Intellectual property represented possible political and economic pressure, especially in cases of launching medications into the market.

77 FR 43222 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Tidewater...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-07-24

... DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R8-ES-2011... Federal Actions On April 15, 2009, Natural Resources Defense Council (NRDC) filed a lawsuit in the U.S... consultation history for natural resource management projects suggests that these projects are generally...

78 FR 21419 - Notice of Proposed Consent Decree Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-10

... Natural Resources Division, Ignacia S. Moreno, and should refer to United States v. Tyson Foods, Inc. et... the Eastern District of Missouri, in the lawsuit entitled United States v. Tyson Foods, Inc., et al, Civil Action No. 1:13-cv-56. The United States' Complaint names Tyson Foods, Inc. (Tyson); IBP...

Student Distribution of Religious Fliers in Public Schools: Ten Ways to Invite a Lawsuit

ERIC Educational Resources Information Center

Essex, Nathan L.

2006-01-01

This article address the legal and constitutional issues surrounding how far school leaders can go in restricting distribution of materials that are viewed as religious in nature. Does restricting the student's right to distribute the flyer amount to a suppression of free speech based on content? Does the principal's action constitute unlawful…

At the Margin of Academic Freedom and Sexual Harassment: An Analysis of "Silva v. University of New Hampshire".

ERIC Educational Resources Information Center

DeMitchell, Todd A.; Fossey, Richard

1996-01-01

Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…

78 FR 11682 - Notice of Lodging of Proposed Settlement Under the Clean Air Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-19

... Court for the District of Kansas in the lawsuit entitled United States v. Koch Nitrogen Company, LLC, Civil Action No. 13-cv-02078. The Complaint states claims on behalf of the United States against Koch..., and Marshalltown, IA. Koch Nitrogen Company, LLC, will resolve its liability by paying a $380,000...

Beginning of the end? North Mississippi Health Services' settlement of uninsured billing issues raises questions about future of hospital lawsuits.

PubMed

Taylor, Mark

2004-08-09

The first settlement in the uninsured billing case could be the sign of a full surrender or just a single defection, healthcare legal experts say. North Mississippi Health Services made the agreement before attorney Richard Scruggs, left, and his firm filed legal action against the system.

Tobacco Settlement Revenue: Recent State Actions and Opportunities for Youth Programs. Issue Note

ERIC Educational Resources Information Center

Silloway, Torey; Szekely, Amanda

2008-01-01

In November 1998, the Attorneys General of 46 states, the District of Columbia and five U.S. territories signed an agreement with the five largest tobacco manufacturers, known as the Master Settlement Agreement (MSA). The MSA arose out of a number of separate state lawsuits against tobacco manufacturers seeking reimbursement for their Medicaid and…

Infection Following Total Joint Arthroplasty Is the Main Cause of Litigation: Data From One Metropolitan Area.

PubMed

Kheir, Michael M; Rondon, Alexander J; Woolsey, Alexandra; Hansen, Heather; Tan, Timothy L; Parvizi, Javad

2018-05-01

A prior survey of members of the American Association of Hip and Knee Surgeons revealed that 78% of responding surgeons were named as a defendant in at least 1 lawsuit, and 69% of these lawsuits were dismissed or settled out of court. The most common sources of litigation were nerve injury, limb-length discrepancy, and infection. This study examined common reasons for lawsuits after total joint arthroplasty (TJA) in a single metropolitan area. A retrospective review of lawsuits filed between 2009 and 2015 in a 5-county metropolitan area was performed, including 30 hospitals and 113 TJA surgeons. Complaints underwent a manual review to determine the number of lawsuits and the specific allegations filed against each surgeon. Thirty-one (27.4%) surgeons were named as a defendant in at least 1 lawsuit. Eighty-three total lawsuits were filed during the period, 50 of which were dismissed or settled outside of court. Top reasons for lawsuits were, in descending order, infection, nerve injury, chronic pain, vascular injury, periprosthetic fracture, retention of foreign body, dislocation, limb-length discrepancy, venous thromboembolism, loosening, compartment syndrome, and other medical complaints. Infection appears to be the basis of most lawsuits after TJA. Surgeons should be aware of the potential for a lawsuit for complications and should strive to better communicate with patients regarding preoperative informed consent and disclosure after adverse events. Surgeons should minimize performing surgery in patients at high risk of complications, such as patients with a higher likelihood of developing postoperative infection or patients on chronic pain medications. Copyright © 2017 Elsevier Inc. All rights reserved.

Intended and unintended consequences of the gabapentin off-label marketing lawsuit among patients with bipolar disorder.

PubMed

Chace, Meredith J; Zhang, Fang; Fullerton, Catherine A; Huskamp, Haiden A; Gilden, Daniel; Soumerai, Stephen B

2012-11-01

The number of lawsuits accusing pharmaceutical companies of off-label marketing has risen in recent years. The impact of such lawsuits on drug prescribing and spending has not been examined. We evaluated a nationwide sample to determine whether the $430 million gabapentin off-label marketing lawsuit and accompanying media coverage affected gabapentin market share, substitution of other scientifically substantiated and unsubstantiated anticonvulsants, and anticonvulsant spending of Medicare/Medicaid patients diagnosed with bipolar disorder. Using a national 5% sample of Medicare recipients linked to Medicaid claims, we used an interrupted times series design to evaluate the impact of the lawsuit on monthly market share, utilization, and spending from January 1, 2001, to December 31, 2005. The start of the lawsuit was associated with a 28% relative reduction in gabapentin market share (from ∼ 21% to ∼ 15%) and a reduction in the rate of prescribing from 108 prescriptions per 1,000 patients per month before the start of the lawsuit to 90 by the end of follow-up (P < .001). We also observed increases in market share for 3 other anticonvulsants. Total anticonvulsant use and spending per 1,000 patients increased by 13% and 74%, respectively, after the intervention. The increase in anticonvulsant spending was equivalent to $7,554 per 1,000 patients per year higher than expected compared with the baseline trend (P = .01). We conclude that the lawsuit resulted in a reduction in gabapentin market share, increased market share for other anticonvulsants, and substantially increased total anticonvulsant spending to approximately half of the settlement amount, not counting substitutions of newer drugs for other illnesses affected by the lawsuit. These findings support the need for further study of the effects of current lawsuits regarding off-label drug marketing. © Copyright 2012 Physicians Postgraduate Press, Inc.

A Day in the Life of African American and European American College Students: Daily Affective Experience and Perceptions of Climate at a Predominantly White Institution

ERIC Educational Resources Information Center

Birk, Nancy Adair

2009-01-01

In the context of the under-representation of African Americans in higher education and the lawsuits targeting affirmative action policies in college admissions, the purpose of this study was to examine the daily affective experiences of African American and European American students at a predominantly White institution, exploring the activities…

78 FR 44599 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-24

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 15, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. Lion Oil Company, Civil Action No. 1:13-cv-01059-SOH. The...

78 FR 40769 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-08

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 1, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Kansas in the lawsuit entitled United States v. Kansas Department of Transportation, Civil Action No. 13-cv-04069. The...

78 FR 23957 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-23

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On April 4, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of New Hampshire in the lawsuit entitled United States v. Torromeo Industries, Inc., Civil Action No. 1:10-cv-509-JL....

78 FR 73206 - Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-05

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act On November 23, 2013 the Department of Justice lodged a proposed Consent Decree (``Decree'') with the United States District Court for the District of Wyoming in the lawsuit entitled United States v. Bryan Pownall, Civil Action No. 13-CV-142-F....

78 FR 79008 - Notice of Lodging of Proposed Consent Decree under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-27

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree under the Clean Water Act On December 19, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Connecticut in the lawsuit entitled United States v. City of West Haven, Connecticut, Civil Action No. 3:13-cv-0188...

78 FR 34406 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-07

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On June 3, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Idaho in the lawsuit entitled United States v. Davisco Foods International, Inc., Civil Action No. 11-cv-00458-EJL CV...

78 FR 46369 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-31

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 23, 2013, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Texas in the lawsuit entitled United States and State of Texas v. San Antonio Water System, Civil Action No. 5...

78 FR 41422 - Notice of Lodging of Proposed Consent Decree Under the Clean Water Act

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-10

... DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act On July 3rd, 2013, the Department of Justice lodged a proposed consent decree with the United States District Court for the Western District of Arkansas in the lawsuit entitled United States v. Great Lakes Chemical Company, Civil Action No. 1:13-cv-01058...

Rural Action Strengthens Ties between School and Community during Appalachian Ohio's Long Fight for Equitable School Funding. Rural Trust Featured Project.

ERIC Educational Resources Information Center

Null, Elisabeth Higgins

Because school systems throughout America depend on local property taxes for much of their revenue, districts with poor property valuations, especially rural districts, are facing fiscal crises. In response to a lawsuit filed in 1991, the Ohio Supreme Court twice decided that the state's heavy reliance on local property taxes for school funding…

28 CFR 42.736 - Private lawsuits.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Private lawsuits. 42.736 Section 42.736 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND... of the Age Discrimination Act of 1975 Compliance Procedures § 42.736 Private lawsuits. (a) Upon...

The role of mental health in the inmate disciplinary process: a national survey.

PubMed

Krelstein, Michael S

2002-01-01

An effective system of inmate discipline is an important aspect of a safely run prison or jail. Historically, mentally ill inmates have had few or no protections against discipline routinely applied to their non-mentally ill peers. Arising from recent class action lawsuits challenging the quality of mental health care delivery in the nation's prisons, prison mental health professionals have been called on to play an increasing role in the inmate disciplinary process. Referral questions include whether an inmate is competent to proceed with disciplinary proceedings and whether mental illness may have contributed to the rule violation. Prison mental health professionals participating in inmate disciplinary proceedings must therefore be familiar with relevant clinical, legal, and ethics issues. Little has been written in the psychiatric literature, however, examining this important role for prison mental health professionals. After first reviewing core legal and constitutional concepts, the author presents the results of a nationwide survey examining the role for mental health professionals in the inmate disciplinary process. To the author's knowledge, this is the first study to provide a comprehensive review of this subject.

Mental Health and Immigrant Detainees in the United States: Competency and Self-Representation.

PubMed

Korngold, Caleb; Ochoa, Kristen; Inlender, Talia; McNiel, Dale; Binder, Renée

2015-09-01

Most immigrant detainees held in U.S. Immigration and Customs Enforcement (ICE) facilities do not have legal representation, because immigration proceedings are a matter of civil, not criminal, law. In 2005, Mr. Franco, an immigrant from Mexico with an IQ between 35 and 55, was found incompetent to stand trial, but was not appointed an attorney for his immigration proceedings. This failure led to a class action lawsuit, known as the Franco litigation, and in April 2013, a federal judge ordered the U. S. government to provide legal representation for immigrant detainees in California, Arizona, and Washington who are incompetent to represent themselves due to a mental disorder or defect. This development has implications for forensic evaluators, because there is likely to be an increase in the number of competency examinations requested by courts for immigrant detainees. Furthermore, forensic evaluators must understand that an evaluation for competency of an immigrant detainee includes both the Dusky criteria and capacity for self-representation. In this article, we explore the legal context and ethics concerns related to the Franco litigation. © 2015 American Academy of Psychiatry and the Law.

29 CFR 1626.18 - Filing of private lawsuit.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Filing of private lawsuit. 1626.18 Section 1626.18 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.18 Filing of private lawsuit. (a) An aggrieved person may file a civil...

29 CFR 1626.18 - Filing of private lawsuit.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 4 2012-07-01 2012-07-01 false Filing of private lawsuit. 1626.18 Section 1626.18 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.18 Filing of private lawsuit. (a) An aggrieved person may file a civil...

29 CFR 1626.19 - Filing of Commission lawsuit.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Filing of Commission lawsuit. 1626.19 Section 1626.19 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.19 Filing of Commission lawsuit. The right of the Commission to file a...

29 CFR 1626.19 - Filing of Commission lawsuit.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 29 Labor 4 2012-07-01 2012-07-01 false Filing of Commission lawsuit. 1626.19 Section 1626.19 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.19 Filing of Commission lawsuit. The right of the Commission to file a...

29 CFR 1626.19 - Filing of Commission lawsuit.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 4 2014-07-01 2014-07-01 false Filing of Commission lawsuit. 1626.19 Section 1626.19 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.19 Filing of Commission lawsuit. The right of the Commission to file a...

29 CFR 1626.18 - Filing of private lawsuit.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 29 Labor 4 2014-07-01 2014-07-01 false Filing of private lawsuit. 1626.18 Section 1626.18 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.18 Filing of private lawsuit. (a) An aggrieved person may file a civil...

29 CFR 1626.19 - Filing of Commission lawsuit.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 4 2011-07-01 2011-07-01 false Filing of Commission lawsuit. 1626.19 Section 1626.19 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.19 Filing of Commission lawsuit. The right of the Commission to file a...

29 CFR 1626.18 - Filing of private lawsuit.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 4 2011-07-01 2011-07-01 false Filing of private lawsuit. 1626.18 Section 1626.18 Labor Regulations Relating to Labor (Continued) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROCEDURES-AGE DISCRIMINATION IN EMPLOYMENT ACT § 1626.18 Filing of private lawsuit. (a) An aggrieved person may file a civil...

Country watch. Brazil.

PubMed

Turra, M D

1994-01-01

Persons who are infected with human immunodeficiency virus (HIV) or who suffer from acquired immunodeficiency syndrome (AIDS) often have their civil rights violated in Brazil. To remedy this, the Candido Mendes College in Rio de Janeiro introduced a voluntary course, "AIDS - Legal Approaches", into its law curriculum. Incentive was provided by the college's Model Law Office (MLO), where students learn to defend the rights of people in need. Class size is about 25; law professors use recent magazine and newspaper articles, and documentation on lawsuits concerning persons with HIV to teach the class. Course topics include relevant civil law (suits against blood banks), contract law (suits against private health insurance companies which refuse to cover treatment expenses related to HIV or AIDS), family law, inheritance law, labor law (unjust dismissal of persons with HIV), criminal law (intentional transmission of AIDS), violations of basic human rights, and comparative jurisprudence and constitutional law (a comparison of Brazilian law in this area to the laws of other countries). Students, during their field practice periods at the MLO, provide legal assistance to persons with HIV. Approximately 150 cases have been handled, often with positive outcomes, to date. Clients hear about the program via television, radio, and newspapers. Materials and information about lawsuits handled by the MLO are available to other colleges and universities with the hope of stimulating the formation of similar programs elsewhere.

The Role of Health in Climate Litigation

PubMed Central

Simmens, Samuel J.; Glicksman, Robert; Paddock, LeRoy; Kim, Daniel; Whited, Brittany

2018-01-01

Objectives. To examine how the courts, which play a critical role in shaping public policy, consider public health in climate change and coal-fired power plant lawsuits. Methods. We coded US local, state, and federal court decisions relating to climate change and coal-fired power plants from 1990 to 2016 (n = 873) and qualitatively investigated 139 cases in which litigants raised issues concerning the health impacts of climate change. We also conducted 78 interviews with key litigants, advocates, industry representatives, advising scientists, and legal experts. Results. Health has been a critical consideration in key climate lawsuits, but in a minority of cases. Litigants have presented health arguments most frequently and effectively in terms of airborne exposures. Health impacts have typically been used to gain standing and argue that the evidence for government actions is insufficient. Conclusions. The courts represent a pivotal branch of government in shaping climate policy. Increasing inclusion of health concerns in emergent areas of litigation could help drive more effective climate policymaking. PMID:29698089

Malpractice in Radiology: What Should You Worry About?

PubMed Central

Cannavale, Alessandro; Santoni, Mariangela; Mancarella, Paola; Passariello, Roberto; Arbarello, Paolo

2013-01-01

Over recent years the professional role of the radiologist has been evolved due to the increasing involvement in the clinical management of the patient. Radiologists have thus been increasingly charged by new duties and liabilities, exposing them to higher risks of legal claims made against them. Malpractice lawsuits in radiology are commonly related to inappropriate medical care or to the poor physician-patient relationship. In the present paper, we provide overview of the basic principles of the medical malpractice law and the main legal issues and causes of legal actions against diagnostic and interventional radiologists. We also address some issues to help radiologists to reduce risks and consequences of malpractice lawsuits. These include (1) following the standard of care to the best of their ability, (2) cautious use of off-label devices, (3) better communication skills among healthcare workers and with the patient, and (4) ensuring being covered by adequate malpractice insurance. Lastly, we described definitions of some medicolegal terms and concepts that are thought to be useful for radiologists to know. PMID:23691316

Factors Predicting Lawsuits against Nursing Homes in Florida 1997-2001

ERIC Educational Resources Information Center

Johnson, Christopher E.; Dobalian, Aram; Burkhard, Janet; Hedgecock, Deborah K.; Harman, Jeffrey

2004-01-01

Purpose: We explore how nursing home characteristics affect the number of lawsuits filed against the facilities in Florida during the period from 1997 to 2001. Design and Methods: We examined data from 478 nursing homes in 30 Florida counties from 1997 to 2001. We obtained the data from Westlaw's Adverse Filings: Lawsuits database, the Online…

The attitudes towards defensive medicine among physicians of obstetrics and gynaecology in China: a questionnaire survey in a national congress

PubMed Central

Zhu, Lan; Lang, Jinghe

2018-01-01

Objective The study aimed to determine prevalence, patterns and risk factors of defensive medicine by obstetricians and gynaecologists across China. Design This is a questionnaire survey by written and on-line interview for participants. Participants Among 1804 registered physicians participating at the 2017 Congress of Chinese Obstetricians and Gynecologists Association in Chengdu City, Sichuan Province, China, from 17 to 20 August 2017, 1486 participants (82.4%) responded the survey. Main outcome measures Participants’ strongly disagreed/disagreed and strongly agreed/agreed options were compared to determine specific factors contributing to their preferences towards defensive medicine. Results In the whole cohort of 1486 participants, 903/1486 (60.8%), 283/1486 (19.0%) and 170/283 (60.1%) participants had experienced at least one medical dispute, lawsuit or loss of a lawsuit, respectively; and 1284 (86.4%) participants had witnessed their colleagues exposed to medical disputes, lawsuits or loss of a lawsuit. Generally, 62.9% of the participants strongly agreed or agreed with defensive medicine. Gender, administration duty, employment hospital, education status, subspecialty, exposure to any medical disputes, lawsuits or loss of a lawsuit, and colleagues’ experiences were independent risk factors relevant to participants’ preferences about defensive medicine in a multivariate model. Participants were more prone to accept or endorse defensive medicine if they were female physicians; without administrative duties; working in non-tertiary hospitals; with an undergraduate degree; with any exposure to medical disputes, lawsuits or loss of a lawsuit; or having witnessed colleagues’ similar experiences. Conclusions About two-thirds of Chinese physicians practising obstetrics and gynaecology in our survey agreed with the practice of defensive medicine, but they had diverse preferences and understanding of specific practices, harms of defensive medicine and physician’s roles. PMID:29431139

On Corporate Accountability: Lead, Asbestos, and Fossil Fuel Lawsuits.

PubMed

Shearer, Christine

2015-08-01

This paper examines the use of lawsuits against three industries that were eventually found to be selling products damaging to human heath and the environment: lead paint, asbestos, and fossil fuels. These industries are similar in that some companies tried to hide or distort information showing their products were harmful. Common law claims were eventually filed to hold the corporations accountable and compensate the injured. This paper considers the important role the lawsuits played in helping establish some accountability for the industries while also noting the limitations of the lawsuits. It will be argued that the lawsuits helped create pressure for government regulation of the industries' products but were less successful at securing compensation for the injured. Thus, the common law claims strengthened and supported administrative regulation and the adoption of industry alternatives more than they provided a means of legal redress. © The Author(s) 2015.

Medical Malpractice in Dermatology-Part II: What To Do Once You Have Been Served with a Lawsuit.

PubMed

Shah, Vidhi V; Kapp, Marshall B; Wolverton, Stephen E

2016-12-01

Facing a malpractice lawsuit can be a daunting and traumatic experience for healthcare practitioners, with most clinicians naïve to the legal landscape. It is crucial for physicians to know and understand the malpractice system and his or her role once challenged with litigation. We present part II of a two-part series addressing the most common medicolegal questions that cause a great deal of anxiety. Part I focused upon risk-management strategies and prevention of malpractice lawsuits, whereas part II provides helpful suggestions and guidance for the physician who has been served with a lawsuit complaint. Herein, we address the best approach concerning what to do and what not to do after receipt of a legal claim, during the deposition, and during the trial phases. We also discuss routine concerns that may arise during the development of the case, including the personal, financial, and career implications of a malpractice lawsuit and how these can be best managed. The defense strategies discussed in this paper are not a guide separate from legal representation to winning a lawsuit, but may help physicians prepare for and cope with a medical malpractice lawsuit. This article is written from a US perspective, and therefore not all of the statements made herein will be applicable in other countries. Within the USA, medical practitioners must be familiar with their own state and local laws and should consult with their own legal counsel to obtain advice about specific questions.

Two years into the storm over pricing to and collecting from the uninsured--a hospital valuation expert examines the risk/return dynamics and asks: would fair pricing and fair medical debt repayment plans increase yields to hospitals and simultaneously mitigate these controversies?

PubMed

Unland, James J

2005-01-01

As the controversies over 501(c)(3) "charitable" hospitals' pricing, collections, and charity care practices that emerged in the winter and spring of 2003 continue unabated--now involving government officials from city councils and county boards to state attorneys general and Congress as well as numerous class action lawsuits--a hospital valuation expert and risk analyst looks at the fundamental economic and strategic issues, concluding that the risk/return dynamics are out of whack in that hospitals are facing mushrooming, multifaceted troubles over what has been a very low net yield patient population. After interviewing patient account representatives at hospitals and conducting other research, this analyst asks: Should attention have been focused at the national and state hospital association levels in 2003 to take steps to increase the net yield to hospitals from the uninsured population through more equitable pricing and better medical debt repayment terms, steps that might have mitigated these controversies? Many hospitals and hospital associations have been so intent on proving hospitals' legal right to charge "list price" to and sue the uninsured that they have overlooked a simple yet effective business premise that many hospital patient accounts representatives already fully know: Fair pricing and fair payment terms are actually good business. The author asserts that the controversies that emerged in 2003 actually represented a significant opportunity that, with a different approach, would likely have resulted in hospitals being able to collect significantly more money from the uninsured population while, at the same time, lessening or even avoiding the destructive ramifications that have occurred in the form of investigations, legislation, and lawsuits. To realize higher net yields from the uninsured, highly specific leadership steps need to be taken uniquely at national and state "association" levels in order to avoid the negative financial consequences of fragmented actions that can cause individual hospitals to become "magnets" for the uninsured. Steps at the individual hospital level need to be preceded by coordinated leadership at the "association" level if these difficult controversies are to be transformed into an opportunity for more revenue from the uninsured, an opportunity that existed in 2003 and before.

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

An Old Road Rapidly Aging? The Settlement of Apollo's Long-Standing False Claims Act Lawsuit and the Changing Appeal of Commission-Based Recruitment

ERIC Educational Resources Information Center

Observatory on Borderless Higher Education, 2010

2010-01-01

Last month, higher education company the Apollo Group, Inc. (Apollo) confirmed that it entered into an agreement with the United States (US) federal government to resolve a long-standing lawsuit concerning its subsidiary, the for-profit University of Phoenix (Phoenix). Originating in 2003, the False Claims Act lawsuit filed by university officials…

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 2 2011-04-01 2011-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

Medical Malpractice in Dermatology-Part I: Reducing the Risks of a Lawsuit.

PubMed

Shah, Vidhi V; Kapp, Marshall B; Wolverton, Stephen E

2016-12-01

Malpractice risk is a common source of concern for the practicing physician. Dermatologists experience fewer lawsuits than most other specialists in medicine, but the risk is not negligible. All physicians should familiarize themselves with areas of potential risk and avoid medico-legal pitfalls. We present Part I of a two-part series addressing medico-legal questions common to most practitioners that cause a great deal of anxiety. Part I will focus upon risk management and prevention of future malpractice lawsuits, and Part II deals with suggestions and guidance once a lawsuit occurs. Herein, we discuss the primary sources of malpractice lawsuits delivered against healthcare practitioners including issues with informed consent, patient noncompliance, medical negligence, and inappropriate documentation, including use of electronic medical records. The overall goal is to effectively avoid these common sources of litigation. The risk management strategies discussed in this paper are relevant to the everyday practitioner and may offer physicians some degree of protection from potential liability.

Annual committee reports in 1983: Environmental Quality Committee

DOE Office of Scientific and Technical Information (OSTI.GOV)

Not Available

1984-01-01

The committee reports several judicial developments under the Endangered Species Act, the Marine Mammal Protection Act, the Federal Insecticide, Fungicide and Rodenticide Act, and the National Environmental Policy Act. Among other issues, the lawsuits dealt with the recovery of attorneys' fees, plans to open forest and offshore areas for resource exploration and development, the incidental taking of porpoises during tuna fishing, and pesticide labeling requirements and proprietary secrets. Although there was no legislative action, there was some rule and guideline writing under administrative development. 112 references.

Interpretive phenomenological analysis of a lawsuit contending that school-based yoga is religion: A study of school personnel.

PubMed

Cook-Cottone, Catherine; Lemish, Erga; Guyker, Wendy

2017-11-01

This study focused on the perspectives of school personnel affiliated with the Encinitas Union School District in California following a lawsuit arguing that their yoga-based program included religion and therefore was unsuitable for implementation in public schools and was unconstitutional. Participants (N = 32) were interviewed using a semistructured interview, and data were analyzed according to Interpretative Phenomenological Analysis. Five super-ordinate themes (including sub-themes) were identified in an iterative process, including: participants' perspectives on the roots of yoga and the type of yoga taught in their district; the process of introducing a yoga-in-the-schools program in light of this contention (including challenges and obstacles, and how these were met); perspectives on the lawsuit and how the process unfolded; effects of the lawsuit on school climate and beyond; and perspectives on yoga as, and as not, religious. The study attempts to shed light on the impact of an ongoing lawsuit on a school district at the time of implementation of a program for students' well being.

Interpretive phenomenological analysis of a lawsuit contending that school-based yoga is religion: A study of school personnel.

PubMed

Cook-Cottone, Catherine; Lemish, Erga; Guyker, Wendy

2017-08-01

This study focused on the perspectives of school personnel affiliated with the Encinitas Union School District in California following a lawsuit arguing that their yoga-based program included religion and therefore was unsuitable for implementation in public schools and was unconstitutional. Participants (N = 32) were interviewed using a semistructured interview, and data were analyzed according to Interpretative Phenomenological Analysis. Five super-ordinate themes (including sub-themes) were identified in an iterative process, including: participants' perspectives on the roots of yoga and the type of yoga taught in their district; the process of introducing a yoga-in-the-schools program in light of this contention (including challenges and obstacles, and how these were met); perspectives on the lawsuit and how the process unfolded; effects of the lawsuit on school climate and beyond; and perspectives on yoga as, and as not, religious. The study attempts to shed light on the impact of an ongoing lawsuit on a school district at the time of implementation of a program for students' well being.

Patient satisfaction is a best practice.

PubMed

2009-10-01

There are several best practices ED physicians and nurses can adopt to minimize the likelihood of a lawsuit, but perhaps none is more important than ensuring high patient satisfaction scores. Research shows a definite correlation between increasing patient satisfaction and decreasing the medical malpractice frequency. Bad outcomes are more likely to lead to lawsuits if the patient doesn't like their doctor or nurse. Being attuned to patients and their perspective is one of the best ways to prevent complaints, which eventually can lead to lawsuits.

You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

PubMed

Miller, Laurence

2009-01-01

Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

Roadway related tort liability and risk management.

DOT National Transportation Integrated Search

2010-06-01

This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

Civil liability: characterization of the demand for lawsuits against dentists.

PubMed

Zanin, Alice Aquino; Herrera, Lara Maria; Melani, Rodolfo Francisco Haltenhoff

2016-08-18

In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

Pathologists and the judicial process: how to avoid it.

PubMed

Epstein, J I

2001-04-01

This review article covers the full range of issues concerning malpractice as it relates to pathologists. Following a brief summary as to the incidence and general statistics on the outcome of lawsuits as well as common pathology misdiagnoses resulting in lawsuits, the definition of malpractice is discussed. These include duty, breech of standard of care, proximal cause, and damage. Details are provided as to what a pathologist should do from the initial threat of a lawsuit, to the initial lawsuit, and through the initial physician/lawyer meeting. An in-depth analysis as to how pathologists should handle themselves through the discovery process and, in particular, deposition is provided. Plaintiff attorneys' goals at deposition are covered in depth. These goals include: 1) education about the pathologist's case and strategies; 2) impeachment of the pathologist's credibility; and 3) judgment as to how effective a witness the pathologist will be at trial. Various types of plaintiff's attorney at deposition are summarized. Also discussed is the post-deposition meeting with the legal representative, whether to settle, and specific issues relating to trial. Finally, general tips on how to avoid a lawsuit in pathology are reviewed.

Judicial demand of medications through the Federal Justice of the State of Paraná.

PubMed

Nisihara, Renato Mitsunori; Possebom, Ana Carolina; Borges, Luiza de Martino Cruvinel; Shwetz, Ana Claudia Athanasio; Bettes, Fernanda Francis Benevides

2017-01-01

To describe the profile of lawsuits related to drug requests filled at the Federal Justice of the State of Paraná. A cross-sectional study, and the data were obtained through consulting the lawsuits at the online system of the Federal Justice of Paraná. Out of 347 lawsuits included in the study, 55% of plaintiffs were women, with a median age of 56 years. Oncology was the field with more requests (23.6%), and the highest mean costs. A wide variety of diseases and broad variety of requested drugs were found in the lawsuits. Approximately two-thirds of them were requested by the brand name, and the most often requested drugs were palivizumab and tiotropium bromide. Only 14.5% of the requested medicines were registered in the National Medication Register. The Public Defender's Office filled actions in 89.6% of cases and all lawsuits had an interim relief. The mean time for approval was 35 days and 70% of requests were granted. Oncology was the field with the highest demand for medicines at the Federal Justice of Paraná in 2014. A great variety of medications was requested. The Public Defender´s Office represented most lawsuits. All demands had an interim relief, and the majority of requests were granted, within an average of 35 days. Descrever o perfil das ações que solicitam medicamentos ajuizadas na Justiça Federal do Paraná. Estudo transversal descritivo, cujos dados foram obtidos por meio de consulta aos processos no sistema on-line da Justiça Federal do Paraná. Dentre os 347 processos incluídos no estudo, 55% dos autores eram mulheres, com mediana da idade de 56 anos, sendo a área mais procurada a oncologia (23,6%). A área oncológica também foi a que apresentou maiores custos médios. Foi ampla a variedade de doenças geradoras das ações e também foi consequentemente grande a variedade de medicamentos solicitados. Cerca de dois terços dos fármacos foram solicitados pelo nome comercial, e os mais requeridos foram o palivizumabe e brometo de tiotrópio. Apenas 14,5% dos medicamentos solicitados estavam cadastrados no Registro Nacional de Medicamentos. A Defensoria Pública impetrou as ações em 89,6% dos casos. Todos os processos pediam antecipação de tutela do medicamento. O tempo médio para deferimento foi de 35 dias, sendo que 70% dos pedidos foram deferidos. A área com maior número de casos de demanda de medicamentos na Justiça Federal do Paraná no ano de 2014 foi de Oncologia. Observou-se grande variedade de medicamentos solicitados. A maioria das ações foi impetrada pela Defensoria Pública. Todas as demandas exigiram antecipação de tutela, sendo que a maioria dos pedidos foram deferidos, num prazo médio de 35 dias.

[Current study and research progress of whiplash injury of cervical vertebrae].

PubMed

Guo, Ying; Jia, Lian-shun

2011-07-01

Whiplash injury is a common injures in our daily lives, but the mechanism of it and the best treatment is largely unknown. The development of chronic pain and disability following whiplash injury is not uncommon and results in substantial social and economic costs. Clinical manifestation and recovery time are difference, which make it difficult for doctor diagnosis and treatment. The current study have shown that the social class, severity of collision, compensation and lawsuit, physical and psychological factors were relevant predictors for the outcome of whiplash. This article is try to overview the status quo of the whiplash injury.

Malpractice risk and cost are significantly reduced after tort reform.

PubMed

Stewart, Ronald M; Geoghegan, Kathy; Myers, John G; Sirinek, Kenneth R; Corneille, Michael G; Mueller, Deborah; Dent, Daniel L; Wolf, Steven E; Pruitt, Basil A

2011-04-01

Rising medical malpractice premiums have reached a crisis point in many areas of the United States. In 2003 the Texas legislature passed a comprehensive package of tort reform laws that included a cap at $250,000 on noneconomic damages in most medical malpractice cases. We hypothesized that tort reform laws significantly reduce the risk of malpractice lawsuit in an academic medical center. We compared malpractice prevalence, incidence, and liability costs before and after comprehensive state tort reform measures were implemented. Two prospectively maintained institutional databases were used to calculate and characterize malpractice risk: a surgical operation database and a risk management and malpractice database. Risk groups were divided into pretort reform (1992 to 2004) and post-tort reform groups (2004 to the present). Operative procedures were included for elective, urgent, and emergency general surgery procedures. During the study period, 98,513 general surgical procedures were performed. A total of 28 lawsuits (25 pre-reform, 3 postreform) were filed, naming general surgery faculty or residents. The prevalence of lawsuits filed/100,000 procedures performed is as follows: before reform, 40 lawsuits/100,000 procedures, and after reform, 8 lawsuits/100,000 procedures (p < 0.01, relative risk 0.21 [95% CI 0.063 to 0.62]). Virtually all of the liability and defense cost was in the pretort reform period: $595,000/year versus $515/year in the postreform group (p < 0.01). Implementation of comprehensive tort reform in Texas was associated with a significant decrease in the prevalence and cost of surgical malpractice lawsuits at one academic medical center. Copyright © 2011. Published by Elsevier Inc.

Epidemiology of the third wave of tobacco litigation in the United States, 1994–2005

PubMed Central

Douglas, Clifford E; Davis, Ronald M; Beasley, John K

2006-01-01

Objective To describe the epidemiology of litigation against the tobacco industry in the United States during the years 1994–2005 (described as the “third wave” of tobacco litigation). “Epidemiology” refers to the study of the distribution and determinants of disease in populations. We apply the term “epidemiology” to the litigation context for purposes of characterising qualitatively and, to the extent possible, quantitatively the variety of cases litigated against tobacco manufacturers and allied tobacco interests during the third wave and their impact on the tobacco industry. Methods The data for this paper come from legal cases identified in the Tobacco Deposition and Trial Testimony Archive (DATTA) collection (http://tobaccodocuments.org/datta), transcripts of testimony and related documents found in DATTA, government‐mandated reports filed by tobacco manufacturers with the US Securities and Exchange Commission, investment company reports, reports and analyses published by the news media, a variety of informational documents produced by the Tobacco Control Resource Center at the Northeastern University School of Law, and legal settlement documents provided by the National Association of Attorneys General. Results The US tobacco industry faced a far greater number of lawsuits, and a greater variety of types of lawsuit, between 1994 and 2005 than it had in previous years. Plaintiffs won 31 (41%) of the 75 cases that were tried to verdict during the years 1995–2005. Seven plaintiffs have been paid awards totalling US$115 million, including interest, following the exhaustion of appeals. Based on an evaluation of litigation brought against US industry leader Philip Morris, the total number of cases pending peaked in 2000, dropping off modestly since then. For example, 36 class actions were pending in 2000, while 33 were pending in 2005. In the same time period, individual actions fell from a total of 3385 to 2863. While the playing field has been levelled to some degree in the tobacco litigation arena with respect to the resources brought to bear by plaintiffs and defendants, tobacco industry defendants continue to employ far greater financial and human resources than their adversaries. Conclusions The third wave of tobacco litigation has represented a sea change in efforts to hold the tobacco industry in the United States accountable in American courtrooms. While tobacco manufacturers continue to do their utmost to make these cases difficult to pursue, many of the cases that have gone to trial have met with success in recent years, which suggests that plaintiffs' lawyers are now better equipped to persuade juries of the defendants' culpability. PMID:17130629

Children Who Sue Parents: A New Form of Family Homicide?

ERIC Educational Resources Information Center

Kaslow, Florence W.

1990-01-01

Discusses psycholegal issues involved in intraspousal and interfamily law suits. Delineates six categories of lawsuits. Suggests that conflicts in families are already fairly extreme when adult children sue parents and that family lawsuits often make rifts irreparable. (Author/CM)

Doctrinal considerations for fast-food obesity suits.

PubMed

Mason, Caleb E

2004-01-01

Lawsuits brought by obese plaintiffs against fast-food chains have been the subject of some derision in the late-night talk shows and popular press, and have not succeeded so far. But the common law tort theories on which such lawsuits should be grounded are straightforward, unremarkable, and mainstream. This article first offers an overview of obesity-related health problems that can arise from fast-food diets. It then critiques the seminal Pelman v. McDonald's--how it was pleaded and how it should have been pleaded--and offers alternative legal theories under which such lawsuits can be brought in the future.

Controlling Legal Risk for Effective Hospital Management

PubMed Central

Park, Hyun Jun; Cho, Duk Young; Park, Yong Sug; Kim, Sun Wook; Park, Jae-Hong

2016-01-01

Purpose To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%). The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years), and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months). Conclusions Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital. PMID:27169130

Unstable networks among women in academe: the legal case of Shyamala Rajender.

PubMed

Kohlstedt, S; Fischer, S

2009-01-01

Scientific networks are often credited with bringing about institutional change and professional advancement, but less attention has been paid to their instability and occasional failures. In the 1970s optimism among academic women was high as changing US policies on sex discrimination in the workplace, including higher education, seemed to promise equity. Encouraged by colleagues, Shyamala Rajender charged the University of Minnesota with sex discrimination when if failed to consider her for a tenure-track position. The widely cited case of this chemist was not, however, settled easily and involved nearly a decade of university grievance procedures and litigation that grew to a class action lawsuit. As the case gained national attention and internal resistance stiffened, the clusters of women who had been encouraging flickered, faded and sometimes regrouped. A negotiated settlement (consent decree) ended Rajender's case, and it opened the door for hundreds of other to present their grievances regarding gender discrimination. Networks and support groups proved important but also unstable for individuals who sought equity before and during the implementation of the decree. The Rajender case thus exposes the painful, balky and inevitably contentious process of fighting discrimination. It also demonstrates the power and limits of institutions and litigation, as well as the possibilities and disappointments of informal and formal women's networks.

Fraternization in Accounting Firms: A Case Study

ERIC Educational Resources Information Center

Heinze, Tim; Kizirian, Tim; Leese, Wallace

2004-01-01

This case study sheds light on how to avoid risks caused by manager-subordinate dating relationships (fraternization) such as employee misunderstandings, retaliation charges, favoritism complaints, wrongful termination lawsuits, and sexual harassment lawsuits, as well as associated ethical risks. Risk avoidance can be accomplished through a better…

The Rational Adolescent: Discipline Policies, Lawsuits, and Skill Acquisition

ERIC Educational Resources Information Center

Babcock, Philip

2009-01-01

The paper estimates the response of student truancy and long-run labor market outcomes to discipline policies in middle and secondary school. Simultaneous determination of student behaviors and school policies motivates an instrumental variables strategy. Because judicial climate influences administrators' fear of discipline-related lawsuits,…

School-based peer sexual harassment.

PubMed

Kopels, S; Dupper, D R

1999-01-01

Peer sexual harassment in schools is an often overlooked problem that contributes to a hostile school environment: one major study found that 85% of girls and 76% of boys reported experiencing some form of sexual harassment in school. This article describes the extent and impact of peer sexual harassment in schools and the responses of the victims, school personnel, and perpetrators to peer sexual harassment. It discusses and analyzes the evolution of peer sexual harassment lawsuits and the recent U.S. Supreme Court decision concerning such actions. It concludes steps that social workers and other school personnel should take to prevent or alleviate such problems.

The Increasing Standard of Care for Teachers.

ERIC Educational Resources Information Center

Rogers, Donald H.

1981-01-01

In light of the trend towards lawsuits against professions, especially teachers and schools, the article describes events which commonly give rise to litigation against schools and teachers, describes the duty that Canadian law imposes on teachers, explains the concept of "supra parental" duty, and details several significant lawsuits.…

Drug enforcement administration liability for false arrest of physician.

PubMed

Brushwood, David B

2009-01-01

Prescribing opioid analgesic medications brings with it a risk of regulatory oversight. A Florida Physician, Dr. Andrew Nguyen, was arrested in 2000 for allegedly violating controlled substance laws. The allegation was that Dr. Nguyen had not conducted a physical examination of a patient for whom controlled substances were prescribed. The allegation was untrue, and the charges against Dr. Nguyen were dismissed. Dr. Nguyen successfully sued the local law enforcement authorities, but a companion lawsuit against the Drug Enforcement Agency (DEA) was dismissed. The United States Court of Appeals has now reinstated Dr. Nguyen's lawsuit against the DEA. The reinstatement of the lawsuit corrects a moral hazard that produces imbalanced regulatory perspectives on the enforcement of controlled substance laws.

Preimplantation genetic diagnosis: a systematic review of litigation in the face of new technology.

PubMed

Amagwula, Tochi; Chang, Peter L; Hossain, Amjad; Tyner, Joey; Rivers, Aimée L; Phelps, John Y

2012-11-01

To study legal cases against IVF facilities pertaining to preimplantation genetic diagnosis (PGD) misdiagnosis. Systematic case law review. University medical center using US legal databases. The IVF recipients using PGD services. Lawsuits pertaining to PGD against IVF facilities. Lawsuits, court rulings, damage awards, and settlements pertaining to PGD after the birth of a child with a genetic defect. Causes of action pertaining to PGD arise from negligence in performing the procedure as well as failure to properly inform patients of key information, such as inherent errors associated with the PGD process, a facility's minimal experience in performing PGD, and the option of obtaining PGD. Courts have sympathized with the financial burden involved in caring for children with disabilities. Monetary damage awards are based on the costs of caring for children with debilitating defects, including lifetime medical and custodial care. Facilities offering PGD services expose themselves to a new realm of liability in which damage awards can easily exceed the limits of a facility's insurance policy. Competent laboratory personnel and proper informed consent--with particular care to inform patients of the inherent inaccuracies of PGD--are crucial in helping deter liability. Copyright © 2012 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

Social Workers and Immunity from Civil Lawsuits.

ERIC Educational Resources Information Center

Rudolf, Alexander, Jr.

1995-01-01

The Supreme Court has ruled that certain professionals have immunity from civil rights lawsuits, but has not considered any cases involving social workers. A split view regarding the extent of social workers' immunity in investigating child abuse cases has appeared in two courts of appeals. Discusses immunity, the case in these two circuits, and…

The Arkansas School Finance Case: Is It Over Yet?

ERIC Educational Resources Information Center

Schoppmeyer, Martin W.

This paper reports on the protracted history of the Arkansas school-finance case, the longest-running school-finance lawsuit in the United States. It details in chronological sequence the lawsuit filed in 1992 by the Lakeview School District, a very small all African-American school district alleging that the state school-finance plan was…

What Johnny Shouldn't Read: Textbook Censorship in America.

ERIC Educational Resources Information Center

DelFattore, Joan

This book discusses ways in which special-interest groups influence the content of textbooks used in public and private schools throughout the United States. The book focuses on recent federal lawsuits involving attempts to censor or ban reading, literature, science, and social studies textbooks. Recreating the story behind each lawsuit, the book…

States Dogged by Lawsuits on K-12 Funding

ERIC Educational Resources Information Center

Cavanagh, Sean

2012-01-01

Even as they struggle to climb out of deep financial holes, states are facing lawsuits that contend they do not meet their constitutions' requirements to provide sufficient funding to districts and fail to provide resources for disadvantaged schools and student populations. This article reports on legal battles in Texas, Colorado, and elsewhere…

In Lawsuit Accord, Temple U. to Boost Women's Sports Aid.

ERIC Educational Resources Information Center

Oberlander, Susan

1988-01-01

In the out-of-court settlement of an eight-year-old sex discrimination lawsuit, Temple University agreed to give almost half of athletic scholarships to women, sponsor a new women's team, and add new women's program staff. The settlement may put pressure for equitable sports programs on other institutions. (MSE)

The Legal Doctrine on the Liability of Physicians in Medical Malpractice Lawsuits Involving Complex Regional Pain Syndrome.

PubMed

Shin, SuHwan; Jang, Seung Gyeong; Min, KyeongTae; Lee, Won; Kim, So Yoon

2018-02-26

Complex regional pain syndrome (CRPS) involves severe pain and it is difficult to identify the exact cause or pathogenesis. Therefore, there are controversies regarding legal issues related to the establishment of damage in medical malpractice lawsuits involving CRPS. This study aimed to analyze malpractice lawsuits involving CRPS, which occurred after the disputed medical treatment, to provide information on the courts' opinion and characteristics of the cases. This study analyzed 23 lawsuit judgments involving CRPS that were sentenced from 2005 to 2015. A total of 12 of the 23 cases were partially ruled in favor of the plaintiff. The average amount (KRW) claimed was 470,638,385 ± 860,634,092 (21,000,000 to 4,020,000,000), and that awarded was 72,906,843 ± 53,389,367 (15,000,000 to 181,080,803). Sixteen of the 23 cases had CRPS type I. In 11 of 23 cases, the site of the pain was located in the lower limb and in 14 cases there was no presence of trauma or event prior to medical treatment. Nerve injury was the most frequent reason for taking responsibility in compensating damage in malpractice cases involving CRPS. Physicians should consider various possibilities of such complications in medical practices. It is important to identify and improve areas which need to be improved for patient safety through analyzing the lawsuit judgment cases. © 2018 The Korean Academy of Medical Sciences.

Round One? Judge Issues Rulings in Long-Awaited Copyright Infringement Lawsuit against Georgia State University

ERIC Educational Resources Information Center

Enghagen, Linda K.

2014-01-01

Long-awaited rulings in the copyright infringement lawsuit provide the most specific guidance available to date on the fair use of certain types of materials in e-reserves systems and online course management systems. Unless successfully appealed or otherwise overturned, this case represents a significant victory for Georgia State University…

Online Anti-Plagiarism Service Sets off Court Fight

ERIC Educational Resources Information Center

Robelen, Erik W.

2007-01-01

As educators grapple with how best to combat plagiarism in the Internet age, several high school students are suing a company that many districts and schools have hired to help them reduce such cheating. The lawsuit alleges that the company is violating the high school students' rights under U.S. copyright law. The lawsuit was filed by four…

Qualifications for Tenure: The Legal Definitions. ASHE Annual Meeting Paper.

ERIC Educational Resources Information Center

Lee, Barbara A.

The issue of qualifications for tenure is examined with attention to judicial tests for qualification in lawsuits in which faculty alleged that negative tenure decisions were infected with illegal discrimination. The focus is the degree to which a faculty plaintiff must demonstrate at the first stage of the lawsuit that he or she was qualified for…

Lawsuits by Victims of Terrorism Imperil Archaeological Studies

ERIC Educational Resources Information Center

Schmidt, Peter

2011-01-01

In lawsuits pending in federal courts in Boston and Chicago, Americans harmed by terrorist attacks linked to the Islamic Republic of Iran are asserting claim to artifacts they believe belong to that nation, in their quest to win more than $4-billion in damages. The institutions that hold the artifacts, which include Harvard University and the…

Virginia Court, Rejecting Lawsuits, Says Randolph College Can Admit Men

ERIC Educational Resources Information Center

Masterson, Kathryn

2008-01-01

The Supreme Court of Virginia has ruled in favor of Randolph College in two lawsuits brought by students and alumnae donors upset that the institution, formerly Randolph-Macon Woman's College, went coed last fall. In one case, the court ruled against a group of students who argued that the decision to enroll men was a breach of contract. The…

The Master Settlement Agreement and Its Impact on Tobacco Use 10 Years Later

PubMed Central

Jones, Walter J.

2010-01-01

The issue of tobacco industry responsibility for population health problems and compensation for their treatment has been growing since the 1960s. In 1999, the state attorneys general collectively launched the largest class action lawsuit in US history and sued the tobacco industry to recover the costs of caring for smokers. In what became known as the Master Settlement Agreement (MSA), states were rewarded billions of dollars and won concessions regarding how cigarettes could be advertised and targeted to minors. Ten years after this settlement, much is known about how MSA monies were distributed and how states have used the money. There is some understanding about how much of the money went toward offsetting the health-care costs attributable to smoking and whether resources were allocated to efforts to reduce smoking in a particular state. However, there are few data on what effect, if any, the MSA had on tobacco control locally and nationally. This commentary explores these issues, as well as how the tobacco industry has evolved to offset the losses incurred by the settlement. Finally, an analysis of the complexities of current tobacco policy making is provided so that physicians and other health-care advocacy groups can more completely understand the present-day political dynamics and be more effective in shaping tobacco control policy in the future. PMID:20202950

Testing the Immunity of the Firearm Industry to Tort Litigation.

PubMed

Studdert, David M; Donohue, John J; Mello, Michelle M

2017-01-01

In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

Nursing Students' Use of Electronic and Social Media: Law, Ethics, and E-Professionalism.

PubMed

Westrick, Susan J

2016-01-01

This article discusses the promotion of professionalism in nursing students with regard to the use of electronic and social media. Misuse of social media can lead to disciplinary actions and program dismissal for students and to legal actions and lawsuits for nursing programs. Programs are concemed about breaches of patient confidentiality and release of private or inappropriate information that jeopardizes clinical placements and relationships. The American Nurses Association Code of Ethics and National Council of State Boards of Nursing social media guidelines provide a foundation for promoting e-professionalism in students. Recent law cases involving students who were dismissed from nursing programs due to social media misuse are analyzed. Schools need policies that clearly establish expectations and the consequences of misuse of social media platforms. Lessons learned from the legal cases presented provide further guidance for both nursing students and nursing programs.

Mitigating Insider Threat Using Human Behavior Influence Models

DTIC Science & Technology

2006-06-01

such as misdemeanors, lawsuits, divorce proceedings, or child custody suits. Major Legal Activity occurs when an employee experiences major legal...1994 Child born Change in Family (positive) 2002 Family trouble Change in Family (negative) 1995 Pay Raise Change in work environment (positive...and lawsuit Legal Activity (minor) 2003 Family trouble Change in Family (negative) 1997 Child born Change in Family (positive) 2003 Health Problem

22 CFR 96.35 - Suitability of agencies and persons to provide adoption services consistent with the Convention.

Code of Federal Regulations, 2011 CFR

2011-04-01

... charge(s), child abuse charge(s), or lawsuit(s) against the agency or person, related to the provision of... background check and a child abuse clearance for any such individual in the United States in a senior... check and a child abuse clearance to the accrediting entity; (2) Completes and retains a FBI Form FD-258...

22 CFR 96.35 - Suitability of agencies and persons to provide adoption services consistent with the Convention.

Code of Federal Regulations, 2014 CFR

2014-04-01

... charge(s), child abuse charge(s), or lawsuit(s) against the agency or person, related to the provision of... background check and a child abuse clearance for any such individual in the United States in a senior... check and a child abuse clearance to the accrediting entity; (2) Completes and retains a FBI Form FD-258...

22 CFR 96.35 - Suitability of agencies and persons to provide adoption services consistent with the Convention.

Code of Federal Regulations, 2013 CFR

2013-04-01

... charge(s), child abuse charge(s), or lawsuit(s) against the agency or person, related to the provision of... background check and a child abuse clearance for any such individual in the United States in a senior... check and a child abuse clearance to the accrediting entity; (2) Completes and retains a FBI Form FD-258...

22 CFR 96.35 - Suitability of agencies and persons to provide adoption services consistent with the Convention.

Code of Federal Regulations, 2012 CFR

2012-04-01

... charge(s), child abuse charge(s), or lawsuit(s) against the agency or person, related to the provision of... background check and a child abuse clearance for any such individual in the United States in a senior... check and a child abuse clearance to the accrediting entity; (2) Completes and retains a FBI Form FD-258...

Medical Malpractice Litigation Following Arthroscopic Surgery.

PubMed

Shah, Kalpit N; Eltorai, Adam E M; Perera, Sudheesha; Durand, Wesley M; Shantharam, Govind; Owens, Brett D; Daniels, Alan H

2018-04-10

Our study aims to analyze a variety of factors involving malpractice lawsuits following arthroscopy, focusing on reasons for lawsuit and establishing predictors for the outcome of the lawsuit. Two legal databases, VerdictSearch and Westlaw, were queried for arthroscopic cases in adult patients. For all included cases, clinical and demographic data were recorded. The effects of plaintiff demographics, joint involved, lawsuit allegation, case ruling, and size of indemnity payments were assessed. Of the 240 included cases, 62 (26%) resulted in plaintiff verdict, 160 (67%) resulted in defense verdict, and 18 (8%) were settled without trial. Plaintiff demographics (age and sex) had no effect on the case ruling. There was no statistical difference between indemnity awards for plaintiff verdicts ($1,013,494) and settled cases ($848,331; P = .13). Patient death was noted in 20 cases (8.3%); a significantly higher proportion of these cases were settled versus went to trial (P = .0022), including 19 patients (95%) who had knee arthroscopy and 16 deaths (80%) resulting from a pulmonary embolus. Plaintiff verdict or settlement were seen significantly more frequently for vascular complications and wrong-sided surgery. Alternatively, defense verdicts followed lawsuits alleging surgeon technical error. Wrong-sided surgery, retained instruments, deep venous thrombosis, and postoperative infections were seen at a significantly higher proportion after knee arthroscopy than after arthroscopy of other joints. Similarly, neurological injury was significantly associated with elbow and hip arthroscopy, while allegations of technical error by the surgeon and block-related complications were associated with shoulder arthroscopy. Plaintiff verdict or settlement were seen for vascular complications and wrong-sided surgery, while defense verdicts followed lawsuits alleging surgeon technical error and block-related complications. We also identified types of allegations that were associated with arthroscopy of different joints. All but one case of patient death (20 cases) were noted to involve knee arthroscopy, and an overwhelming majority resulted due to a pulmonary embolism. This information helps the arthroscopic surgeon better counsel patients and employ strategies to mitigate preventable complications. Level IV, case series. Copyright © 2018 Arthroscopy Association of North America. Published by Elsevier Inc. All rights reserved.

Legal access to medications: a threat to Brazil's public health system?

PubMed

Chieffi, Ana Luiza; Barradas, Rita De Cassia Barata; Golbaum, Moisés

2017-07-19

In Brazil, health is fundamental human right guaranteed by the Constitution of 1988, which created the Brazilian Universal Health System (Sistema Único de Saúde - SUS). The SUS provides medications for outpatient care via policy of pharmaceutical assistance (PA) programmes. Despite the advances in PA policies which include the improvement in access to medications, there has been a significant increase in lawsuits related to health products and services. This study aimed to characterize the medication processes filed between 2010 and 2014 against the Secretary of State for Health of São Paulo (State Health Department of São Paulo - SES/SP), in Brazil, following PA policies. This descriptive study used secondary data on medication lawsuits filed against the SES/SP between 2010 and 2014. The data source was the S-Codes computerized system. In the period evaluated, the number of lawsuits filed concerning health-related products increased approximately 63%; requests for medications were predominant. Approximately 30% of the medications involved in court proceedings were supplied via PA programmes. With regard to medications supplied via specialized component, 81.3% were prescribed in disagreement with the protocols published by the Ministry of Health. Insulin glargine was the most requested medication (6.3%), followed by insulin aspart (3.3%). Because there is no scientific evidence that either of these medicines is superior for the treatment of diabetes, neither of them has been incorporated into the SUS by the National Commission for Technology Incorporation. The judicial data showed that most of the lawsuits involved normal proceedings (i.e., individual demands), were filed by private lawyers, and named the State of São Paulo as the sole defendant, demonstrating the individual nature of these claims. The data indicate inequality in the distribution between the number of cases and lawyers and the number of lawsuits and prescribers, evidencing the concentration of lawyers and physicians in filing lawsuits. The judicialization of health in the State of São Paulo with the characteristics presented herein is a threat to the SUS.

Medical professional liability claims for Mohs micrographic surgery from 1989 to 2011.

PubMed

D'Souza, Logan S; Jalian, H Ray; Jalian, Chris; Alam, Murad; Eisen, Daniel B; Avram, Mathew M; Ibrahimi, Omar A

2015-05-01

Few studies specifically address lawsuits involving Mohs surgery. To better characterize the types of medical professional liability claims involving Mohs surgery. Retrospective legal document review of an online national database. Any legal proceeding involving the search words Mohs and cancer was included. Number of medical professional liability claims involving Mohs surgery for factors including year of litigation, location, physician specialty, injury sustained, cause of legal action, and verdict. Forty-two cases were identified, which occurred from 1989 to 2011. Of the cases identified, 26 involved non-Mohs surgeons as the primary defendant, mostly due to a delay of or failure in diagnosis (n = 16), cosmetic outcome issues (n = 8), lack of informed consent (n = 7), and a delay of or failure in referral to a Mohs surgeon (n = 6). Common causes for litigation against Mohs surgeons as the primary defendant (n = 16) were lack of proper informed consent (n = 5) and cosmetic outcome issues (n = 4). Only 1 case against a Mohs surgeon was judged for the plaintiff. The most common lawsuits pertaining to Mohs surgery list non-Mohs surgeons as the primary defendants. Closer coordination between non-Mohs surgeons and Mohs surgeons may help minimize risk to both parties and lead to better patient care. Small sample size is the primary limitation, in part owing to exclusion of out-of-court settlements from the database.

Biological drugs for the treatment of psoriasis in a public health system

PubMed Central

Lopes, Luciane Cruz; Silveira, Miriam Sanches do Nascimento; de Camargo, Iara Alves; Barberato, Silvio; Del Fiol, Fernando de Sá; Osorio-de-Castro, Claudia Garcia Serpa

2014-01-01

OBJECTIVE To analyze the access and utilization profile of biological medications for psoriasis provided by the judicial system in Brazil. METHODS This is a cross-sectional study. We interviewed a total of 203 patients with psoriasis who were on biological medications obtained by the judicial system of the State of Sao Paulo, from 2004 to 2010. Sociodemographics, medical, and political-administrative characteristics were complemented with data obtained from dispensation orders that included biological medications to treat psoriasis and the legal actions involved. The data was analyzed using an electronic data base and shown as simple variable frequencies. The prescriptions contained in the lawsuits were analyzed according to legal provisions. RESULTS A total of 190 lawsuits requesting several biological drugs (adalimumab, efalizumab, etanercept, and infliximab) were analyzed. Patients obtained these medications as a result of injunctions (59.5%) or without having ever demanded biological medication from any health institution (86.2%), i.e., public or private health services. They used the prerogative of free legal aid (72.6%), even though they were represented by private lawyers (91.1%) and treated in private facilities (69.5%). Most of the patients used a biological medication for more than 13 months (66.0%), and some patients were undergoing treatment with this medication when interviewed (44.9%). Approximately one third of the patients discontinued treatment due to worsening of their illness (26.6%), adverse drug reactions (20.5%), lack of efficacy, or because the doctor discontinued this medication (13.8%). None of the analyzed medical prescriptions matched the legal prescribing requirements. Clinical monitoring results showed that 70.3% of the patients had not undergone laboratory examinations (blood work, liver and kidney function tests) for treatment control purposes. CONCLUSIONS The plaintiffs resorted to legal action to get access to biological medications because they were either unaware or had difficulty in accessing them through institutional public health system procedures. Access by means of legal action facilitated long-term use of this type of medication through irregular prescriptions and led to a high rate of adverse drug reactions as well as inappropriate clinical monitoring. PMID:25210824

An Analysis of the Implementation of the South Carolina Anti-Bullying Legislation in the Middle Schools Involved in the Abbeville, South Carolina, School District Lawsuit

ERIC Educational Resources Information Center

Smith-Canty, Vanessa

2010-01-01

This study presents an analysis of the anti-bullying policies of 24 South Carolina middle schools that were involved in the "Abbeville" lawsuit. These schools sued the state of South Carolina alleging that the school finding system was inadequate. The schools are plagued with numerous problems including being among the lowest performing…

The defense counsel's perspective.

PubMed

Hoffman, Peter J; Plump, Joan D; Courtney, Marcie A

2005-04-01

In all likelihood, most orthopedic surgeons today will be the subject of a lawsuit related to the care and treatment of a patient. This article is designed to provide physicians with pertinent material to help prepare for what seems to have become the inevitable--the medical malpractice lawsuit. There are a number of things that can be done to minimize the chance that a surgeon will be sued. Keeping informed about recent developments in orthopaedics, developing a good relationship with patients, and maintaining good documentation are just a few of the ways to help reduce the chances of being named in a potential lawsuit. Additionally, we offer physicians who have been sued assistance in getting through the litigation process, which at times can be daunting. Logical suggestions, such as not discussing a case with anyone other than a spouse and/or an attorney and not altering the medical records and larger concepts, including the importance of developing a relationship with an attorney, understanding the attorney-client privilege, and adequately preparing for the deposition and trial are discussed at length. Although it is not possible to be completely prepared for the day one gets sued, this article should provide insight and information necessary to enable surgeons to face each element of the lawsuit with some knowledge and control.

Guidelines for conducting bulletproof workplace investigations: Part II--searches, surveillance, and other legal issues.

PubMed

Koen, Clifford M; Mitchell, Michael S

2012-01-01

A proper and thorough investigation can help avoid or successfully defend lawsuits. When conducting workplace investigations, employers must take care to conduct reasonable searches and not violate employees' rights to privacy. This article addresses privacy and other legal issues surrounding the use of various types of electronic surveillance including wiretapping, video/photography, and monitoring of e-mail. While conducting such searches, employers must be vigilant in their efforts to avoid liability for defamation and to properly document the investigation. Guidance is provided on these issues along with advice on the recommendation and/or remedial action that may result from the investigation and a checklist of additional considerations when conducting investigations resulting from harassment.

Tort reform is associated with more medical board complaints and disciplinary actions.

PubMed

Stewart, Ronald M; Love, Joseph D; Rocheleau, Lisa A; Sirinek, Kenneth R

2012-04-01

Previous reports have confirmed that comprehensive tort reform in Texas (enacted in 2003) was associated with fewer lawsuits and less litigation-associated cost. We hypothesized that complaints to the Texas Medical Board (TMB) increased after tort reform. To test this hypothesis, we compared complaints, investigations, disciplinary actions, and penalties against physicians before and after comprehensive state tort reform measures were adopted. Data were obtained from the TMB for a 15-year period (1996 to 2010). When comparing the period before tort reform (1996 to 2002) with the period after tort reform (2004 to 2010), TMB complaints increased 13%; investigations opened increased 33%, disciplinary actions increased 96%, license revocations or surrenders increased 47%, and financial penalties increased 367%. All of these increases were statistically significant (p ≤ 0.01). After tort reform in Texas, the total number of complaints, investigations, disciplinary decisions, license revocations or surrenders, and financial penalties from the TMB significantly increased. In Texas, tort reform was accompanied by legislatively directed, enhanced oversight and activity of the authority (TMB) charged with regulation of the medical profession. Copyright © 2012. Published by Elsevier Inc.

A question of integrity. Federal prosecutors question Tenet's compliance with integrity agreement in a $323 million False Claims Act lawsuit.

PubMed

Taylor, Mark

2003-01-13

Tenet Healthcare Corp.'s carefully groomed reputation as a kinder and cleaner for-profit hospital chain alternative took another hit last week when the U.S. Justice Department filed a $323 million lawsuit against the company. The False Claims Act suit alleges Tenet illegally submitted thousands of false claims to maximize revenue. Lawyer Michael Ruggio says Tenet's troubles are far from over.

Patients push for price data. Lawsuits, regulations could cause consumers nationwide to start seeking more transparency from hospitals on outpatient fees.

PubMed

Becker, Cinda

2006-11-20

Lawsuits over hospital outpatient fees, including a case at Virginia Mason Medical Center, could prompt consumers nationwide to seek more information about their bills. The issue highlights the turf battle between physician- or corporate-owned clinics and competing hospital facilities, and how they're marketed. "We absolutely agree that patients need full information", says Virginia Mason's Sarah Patterson, left.

How bad faith lawsuits can be tailored to fit HMOs.

PubMed

Stern, J B

1999-06-01

In January 1999, in the case of Goodrich v. Aetna, a California jury returned a record-breaking verdict of $120.5 million damages in favor of a widow as a result of Aetna's failure to act in good faith in the treatment of her terminally ill husband. The following article discusses the history and basis of this kind of lawsuit, major decisions specifically pertaining to HMOs, and the outlook for future liability in this area.

Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

PubMed

Kesselheim, A S

2010-06-01

In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

Trustee workbook 3. Effective governance after Enron and AHERF.

PubMed

Orlikoff, James E; Totten, Mary K

2002-01-01

High profile business failures such as Enron and AHERF have raised the public's consciousness about the governing board's crucial role in ensuring sound, ethical business practices. AHERF (the Allegheny Health, Education, and Research Foundation in Philadelphia) was the largest not-for-profit health care bankruptcy in history and has generated many lawsuits against the AHERF boards and individual trustees. The Enron bankruptcy will certainly result in lawsuits against its board and directors and has embarrassed board members profoundly.

Lawsuit lead time prediction: Comparison of data mining techniques based on categorical response variable.

PubMed

Gruginskie, Lúcia Adriana Dos Santos; Vaccaro, Guilherme Luís Roehe

2018-01-01

The quality of the judicial system of a country can be verified by the overall length time of lawsuits, or the lead time. When the lead time is excessive, a country's economy can be affected, leading to the adoption of measures such as the creation of the Saturn Center in Europe. Although there are performance indicators to measure the lead time of lawsuits, the analysis and the fit of prediction models are still underdeveloped themes in the literature. To contribute to this subject, this article compares different prediction models according to their accuracy, sensitivity, specificity, precision, and F1 measure. The database used was from TRF4-the Tribunal Regional Federal da 4a Região-a federal court in southern Brazil, corresponding to the 2nd Instance civil lawsuits completed in 2016. The models were fitted using support vector machine, naive Bayes, random forests, and neural network approaches with categorical predictor variables. The lead time of the 2nd Instance judgment was selected as the response variable measured in days and categorized in bands. The comparison among the models showed that the support vector machine and random forest approaches produced measurements that were superior to those of the other models. The evaluation of the models was made using k-fold cross-validation similar to that applied to the test models.

Sexual misconduct in prison: What factors affect whether incarcerated women will report abuses committed by prison staff?

PubMed

Kubiak, Sheryl P; Brenner, Hannah J; Bybee, Deborah; Campbell, Rebecca; Cummings, Cristy E; Darcy, Kathleen M; Fedock, Gina; Goodman-Williams, Rachael

2017-08-01

More than 80,000 prisoners each year are sexually victimized during incarceration, but only about 8% report victimization to correctional authorities. Complicating reporting is the fact that half of the perpetrators are staff members. Given the restrictive and highly regulated prison environment, studies that examine reporting behaviors are difficult to conduct and to date information available relied on those who have reported or hypothetical victimization studies. This study uses an ecological framework and archival data from a class action lawsuit of sexual misconduct to determine predictors of reporting. Relying on a subsample of 179 women, chosen because they have all experienced at least 1 penetration offense, we use bivariate and multivariable mixed effects logistic regression analyses to examine individual, assault, and context-level predictors of reporting on 397 incidents of staff sexual misconduct. The final model revealed that that 6 predictors (age at time of assault, physical injury, multiple incidents, perpetrator with multiple victims, the year the abuse began, and the number of years women have left on their sentence) account for 58% of the variance in reporting. Disclosure to inmate peers and/or family and friends was significant in the bivariate results. These findings indicate the need for stronger and more systematic implementation of Prison Rape Elimination Act guidelines and remedies that create and enforce sanctions, including termination, for staff violating policy and state law. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Bariatric-related medical malpractice experience: survey results among ASMBS members.

PubMed

Dallal, Ramsey M; Pang, John; Soriano, Ian; Cottam, Daniel; Lord, Jeffrey; Cox, Susan

2014-01-01

The medicolegal aspects of bariatric surgery are very difficult to analyze scientifically because there is no central, searchable database of closed case claims and little incentive for malpractice insurers to divulge data. Examining medicolegal data may provide insight into the financial and psychological burden on physicians. Detailed data also may be used to improve patient safety and determine common causes of negligence. All U.S.-based members of the American Society of Metabolic and Bariatric Surgeons were asked to complete a survey regarding their bariatric-related medical malpractice experience. Of the 1672 eligible members that received the survey, 330 responded (19.7%). Mean years in practice was 15.3 ± 9. Mean annual cost of malpractice insurance was $59,200 ± $52,000 (N = 197). The respondent surgeons experienced 1.5 ± 3.2 lawsuits on average over the course of their practice. Of the 330 respondents, 144 (48%) did not report a bariatric-related lawsuit filed against them. Of the 464 lawsuits reported by 156 surgeons, 126 were settled out of court (27%), 249 were dropped (54%), and 54 (18%) went to trial. Seventy-two percent of cases that went to trial were found to be in favor of the defense. The mean lifetime amount paid for suits was $250,000±$660,000. The probability of a bariatric surgeon experiencing a lawsuit was independently associated with the years in practice (P = .03) and number of total cases the surgeon has performed (P = .01). The annual cost of malpractice insurance was independently predicted by the amount paid in previous claims (P = .01). The probability of a medical malpractice lawsuit correlates positively to the number of procedures performed and the number of years the surgeon has been in practice. Copyright © 2014 American Society for Bariatric Surgery. Published by Elsevier Inc. All rights reserved.

Integrating risk management data in quality improvement initiatives within an academic neurosurgery department.

PubMed

McLaughlin, Nancy; Garrett, Matthew C; Emami, Leila; Foss, Sarah K; Klohn, Johanna L; Martin, Neil A

2016-01-01

OBJECT While malpractice litigation has had many negative impacts on health care delivery systems, information extracted from lawsuits could potentially guide toward venues to improve care. The authors present a comprehensive review of lawsuits within a tertiary academic neurosurgical department and report institutional and departmental strategies to mitigate liability by integrating risk management data with quality improvement initiatives. METHODS The Comprehensive Risk Intelligence Tool database was interrogated to extract claims/suits abstracts concerning neurosurgical cases that were closed from January 2008 to December 2012. Variables included demographics of the claimant, type of procedure performed (if any), claim description, insured information, case outcome, clinical summary, contributing factors and subfactors, amount incurred for indemnity and expenses, and independent expert opinion in regard to whether the standard of care was met. RESULTS During the study period, the Department of Neurosurgery received the most lawsuits of all surgical specialties (30 of 172), leading to a total incurred payment of $4,949,867. Of these lawsuits, 21 involved spinal pathologies and 9 cranial pathologies. The largest group of suits was from patients with challenging medical conditions who underwent uneventful surgeries and postoperative courses but filed lawsuits when they did not see the benefits for which they were hoping; 85% of these claims were withdrawn by the plaintiffs. The most commonly cited contributing factors included clinical judgment (20 of 30), technical skill (19 of 30), and communication (6 of 30). CONCLUSIONS While all medical and surgical subspecialties must deal with the issue of malpractice and liability, neurosurgery is most affected both in terms of the number of suits filed as well as monetary amounts awarded. To use the suits as learning tools for the faculty and residents and minimize the associated costs, quality initiatives addressing the most frequent contributing factors should be instituted in care redesign strategies, enabling strategic alignment of quality improvement and risk management efforts.

"Democracy was never intended for degenerates": Alberta's flirtation with eugenics comes back to haunt it.

PubMed

Cairney, R

1996-09-15

An Alberta woman recently won a lawsuit against the government of Alberta for wrongful sterilization that took place when she was a 14-year-old ward at the Provincial Training School for Mental Defectives. It was the first time the province has been held accountable for actions taken under the Sexual Sterilization Act, a 1927 law that promoted the theory of eugenics and led to the sterilization of more than 2800 people. It has since been repealed. A physician who served on the province's Eugenics Board said the decisions were based on the best scientific advice and medical techniques available at the time. Today, she added, eugenics is being practised in a different way through prenatal diagnosis and therapeutic abortion.

Doctors' new tool to fight lawsuits: saying 'I'm sorry.' Malpractice insurers find owning up to errors soothes patient anger. 'The risks are extraordinary'.

PubMed

Zimmerman, Rachel

2004-06-01

A lot of attention and energy has been spent over the past several years on reducing the amount of settlements and awards in malpractice cases. Of course these are important issues, but the best situation for physicians is not to be sued at all. Therefore, the medical community needs to start focusing on ways to prevent lawsuits from being filed in the first place. Recent studies and publications indicate that physicians may have more control over the lawsuit lottery than they realize. An article that appeared on the front page of the May 18, 2004 edition of the Wall Street Journal is reprinted below with permission. This article supports the proposition that the best tool to minimize the possibility of being sued may be as simple as expressing condolence and empathy when there is a bad outcome. The lawsuit reform bill that recently passed the Oklahoma legislature, H.B. 2661, contains an "I'm Sorry Law" that permits physicians to express condolence without those statements being used against them in court. For more information regarding the power of an apology, physicians may want to obtain the book by Michael S. Woods, M.D. (a speaker at the OSMA Physician Survival Summit) titled: "Healing Words: The Power of Apology in Medicine." The book can be obtained from: Doctors in Touch, 708.697.6447 or info@doctorsintouch.com.

Medical malpractice in endourology: analysis of closed cases from the State of New York.

PubMed

Duty, Brian; Okhunov, Zhamshid; Okeke, Zeph; Smith, Arthur

2012-02-01

Medical malpractice indemnity payments continue to rise, resulting in increased insurance premiums. We reviewed closed malpractice claims pertaining to endourological procedures with the goal of helping urologists mitigate their risk of lawsuit. All closed malpractice claims from 2005 to 2010 pertaining to endourological procedures filed against urologists insured by the Medical Liability Mutual Insurance Company of New York were examined. Claims were reviewed for plaintiff demographics, medical history, operative details, alleged complication, clinical outcome and lawsuit disposition. A total of 25 closed claims involved endourological operations and of these cases 10 were closed with an indemnity payment. The average payout was $346,722 (range $25,000 to $995,000). Of the plaintiffs 16 were women and mean plaintiff age was 51.4 years. Cystoscopy with ureteral stent placement/exchange resulted in 13 lawsuits, ureteroscopic lithotripsy 8, percutaneous stone extraction 2 and shock wave lithotripsy 2. There were 17 malpractice suits brought for alleged operative complications. Failure to arrange adequate followup was implicated in 4 cases. Error in diagnosis and delay in treatment was alleged in 3 claims. Urologists are not immune to the current medical malpractice crisis. Endourology and urological oncology generate the greatest number of lawsuits against urologists. Most malpractice claims involving endourological procedures result from urolithiasis and alleged technical errors. Therefore, careful attention to surgical technique is essential during stone procedures to reduce the risk of malpractice litigation. Copyright © 2012 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

16 CFR 1025.18 - Class actions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 16 Commercial Practices 2 2011-01-01 2011-01-01 false Class actions. 1025.18 Section 1025.18... PROCEEDINGS Pleadings, Form, Execution, Service of Documents § 1025.18 Class actions. (a) Prerequisites to a class action. One or more members of a class of respondents may be proceeded against as representative...

Rational use of anticancer drugs and patient lawsuits in the state of São Paulo, Southeastern Brazil.

PubMed

Lopes, Luciane Cruz; Barberato-Filho, Silvio; Costa, Augusto Chad; Osorio-de-Castro, Claudia Garcia Serpa

2010-08-01

To assess the rationality of legal suits and administrative requests requiring anticancer drugs filed against and submitted to the São Paulo State Department of Health, in view of scientific evidence on efficacy and safety. A descriptive cross-sectional study was carried out based on information on lawsuits filed by cancer patients requiring anticancer drugs were furnished by the Department of Health. These drugs are among those having the greatest financial impact on the Brazilian Health System in 2006 and 2007. The drugs were assessed according to clinical evidence on efficacy and safety, based on Micromedex categorization, on systematic reviews and meta-analyses. Indications present in the legal documentation were compared to the indications approved by regulatory agencies. Bevacizumab, capecitabine, cetuximab, erlotinib, rituximab, imatinib, and temozolomide accounted for expenses over R$ 40 million to meet 1220 requests and lawsuits, at an average cost of R$ 33,500 per patient. Selected studies do not recommend all the indications for the prescribed drugs. Approximately 17% of requests and lawsuits did not provide evidence for the required indication, and these amounted to inappropriate expenses of, at least, R$ 6.8 million. The results reinforce the need for technical expertise in dealing with legal suits and for capacity-building of health professionals in approaching the scientific literature, in order to appropriately select drugs and to ensure the best therapeutic decision for each clinical condition, and thus guarantee access to safe and effective health technologies and, therefore, to enhance the quality of the Brazilian pharmaceutical services model in oncology.

Legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake

NASA Astrophysics Data System (ADS)

Suprihadi, Bambang

2017-07-01

The Asian Disaster Reduction Center informed that on 27 May 2006 at 5:54 AM Local time or 26 May 2006 at 10:54:00 PM UTC, an M6.3 earthquake has struck the very highly populated region of Yogyakarta. The death estimated between 5,775 and 6,234 and the number of injured was between 46,000 and 53,000. Invitation letters were sent to Indonesia Agency for Meteorology Climatology and Geophysics (BMKG) and to 18 government institutions for attending the session at the Yogyakarta Court on 4 December 2006. Such case was a lawsuit proposed by 46 citizens and registered as number 73/PDT.G/ 2006/PN-Yk and the researcher attended court-session on behalf of the BMKG. Research is conducted to provide legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake. Data was collected by examining the process of court sessions and mediation between Parties involved which then analysed using the relevant articles of Indonesian Civil Procedural Law. Legal analysis proposed by the researcher indicates that State Court (Pengadilan Negeri) held an `absolute competence' because such case shall not be settled by State Administrative Court (Pengadilan Tata Usaha Negara), however Yogyakarta District Court didn't hold a `relative competence' because such case shall be settled by the Central Jakarta District Court. Such case was not continued due to successful mediation between the two Parties. The 2006 Yogyakarta earthquake alerts BMKG as the earthquake information provider to work properly in accordance with the standard operating procedure to avoid citizen lawsuit that might be proposed in the near future.

"Democracy was never intended for degenerates": Alberta's flirtation with eugenics comes back to haunt it.

PubMed Central

Cairney, R

1996-01-01

An Alberta woman recently won a lawsuit against the government of Alberta for wrongful sterilization that took place when she was a 14-year-old ward at the Provincial Training School for Mental Defectives. It was the first time the province has been held accountable for actions taken under the Sexual Sterilization Act, a 1927 law that promoted the theory of eugenics and led to the sterilization of more than 2800 people. It has since been repealed. A physician who served on the province's Eugenics Board said the decisions were based on the best scientific advice and medical techniques available at the time. Today, she added, eugenics is being practised in a different way through prenatal diagnosis and therapeutic abortion. Images p790-a PMID:8823227

Doctors as Stewards of medicare, or not: CAMSI, MRG, CDM, DRHC and the thin alphabet soup of physician support.

PubMed

Duffin, Jacalyn

2018-07-01

Physicians are deeply involved in Canadian medicare because it is through medicare that they are paid. However, from its origins to the present physicians -as a profession - have not been strong supporters of medicare. Fearing loss of income and individual autonomy, they have frequently opposed it with criticisms, strikes, threatened job action and lawsuits. Some opponents are unaware that medicare was a boon to physician income, and many fail to connect medicare with responsibility for improving the health status of the country. This paper will trace physician involvement, support and opposition to medicare from its inception to the present, with special attention to small physician organizations that have supported medicare. It will close with a proposal for how doctors could display greater stewardship.

Court grants courier a jury trial based on fear of AIDS.

PubMed

1996-03-08

A medical courier who was exposed to blood from a leaking container will be granted a jury trial in Albuquerque, NM. Courier [name removed] was splashed with blood and became alarmed because she had paper cuts on her hands. Repeated blood tests for HIV and hepatitis B were negative. A Bernallilo County judge initially dismissed [name removed]'s lawsuit when the hospital revealed that there was no HIV present in the splashed liquid. A three-judge panel of the Court of Appeals ruled to allow [name removed] a jury trial because New Mexico law no longer requires a plaintiff to prove that the defendant's actions created actual danger or physical impact. The panel determined that [name removed]'s allegations stated a cause for negligent infliction of emotional distress.

39 CFR 775.5 - Classes of actions.

Code of Federal Regulations, 2014 CFR

2014-07-01

... PROCEDURES § 775.5 Classes of actions. (a) Actions which normally require an environment impact statement... 40 CFR 1508.27. (b) Actions requiring an environmental assessment. Classes of actions that will require an environmental assessment unless categorically excluded include: (1) Any project that includes...

39 CFR 775.5 - Classes of actions.

Code of Federal Regulations, 2012 CFR

2012-07-01

... PROCEDURES § 775.5 Classes of actions. (a) Actions which normally require an environment impact statement... 40 CFR 1508.27. (b) Actions requiring an environmental assessment. Classes of actions that will require an environmental assessment unless categorically excluded include: (1) Any project that includes...

39 CFR 775.5 - Classes of actions.

Code of Federal Regulations, 2013 CFR

2013-07-01

... PROCEDURES § 775.5 Classes of actions. (a) Actions which normally require an environment impact statement... 40 CFR 1508.27. (b) Actions requiring an environmental assessment. Classes of actions that will require an environmental assessment unless categorically excluded include: (1) Any project that includes...

[Court-ordered access to treatment of rare genetic diseases: Fabry Disease in the state of Rio Grande do Sul, Brazil].

PubMed

Sartori Junior, Dailor; Leivas, Paulo Gilberto Cogo; Souza, Mônica Vinhas de; Krug, Bárbara Corrêa; Balbinotto, Giacomo; Schwartz, Ida Vanessa Doederlein

2012-10-01

Court-ordered access to high-cost drugs for rare genetic diseases, such as Fabry Disease (alpha-galactosidase-A deficiency), is a growing phenomenon as yet lacking systematic study. An observational, cross-sectional and retrospective study was conducted to characterize the lawsuits related to access to treatment for Fabry Disease by Enzyme Replacement Therapy in the State of Rio Grande do Sul prior to 2007. The study identified 13 lawsuits and 17 plaintiffs, 11 requesting alfa and 6 betagalsidase. The State of RS, the Federal Government, and 5 municipalities figured as defendants, in the form of joinder of parties or otherwise. There were 13 requests for interlocutory relief of which 12 were granted, and 2 sentences were handed down, both favorable. "Risk of death" was alleged by doctors in 4 prescriptions and by lawyers in the 13 lawsuits. The data suggest the lack of discussions combining aspects of medical efficacy and safety, cost-effectiveness, economic impact, and legal and constitutional arguments, which requires a specific policy for rare genetic diseases to standardize access to treatment.

Temporary Inferior Vena Cava Filters: How Do We Move Forward?

PubMed

Arous, Edward J; Messina, Louis M

2016-05-01

Despite their widespread use, the indications for the selective use of temporary inferior vena cava (IVC) filters remains uncertain with few trials supporting their use. Additionally, the risks of long-term temporary IVC filter insertion are being increasingly discussed amongst the mainstream media and through multiple class action lawsuits. Retrievable IVC filters were specifically designed to have a less secure implantation in order to facilitate retrieval. However, multiple reports have demonstrated significant filter-related complications, most commonly related to duration of implantation. Furthermore, the risk is not isolated to one manufacturer alone. The incidence of filter-related complications is linearly related to its duration of time on the market. Currently, the FDA recommends that IVC filters be removed within 25-54 days of their implantation. Unfortunately, little evidence exists to show that this recommendation is followed routinely. Recently, the PRESERVE Trial (NCT02381509) was initiated as a multicenter non-randomized open label study to determine the safety and effectiveness of commercially available IVC filters (both temporary and permanent) in individuals who require mechanical prophylaxis against pulmonary embolism. Until such evidence is developed, temporary IVC filters should be implanted based on best available evidence and routinely removed within the guidelines of the FDA of 25-54 days. A fair question at this point is whether the design features themselves that are required to manufacture a low profile removable IVC filter can achieve effective prophylaxis against pulmonary embolism at a low rate of short and long-term complications. Copyright © 2016 American College of Chest Physicians. Published by Elsevier Inc. All rights reserved.

Consumer acceptable risk: how cigarette companies have responded to accusations that their products are defective

PubMed Central

Cummings, K Michael; Brown, Anthony; Douglas, Clifford E

2006-01-01

Objective To describe arguments used by cigarette companies to defend themselves against charges that their cigarettes were defective and that they could and should have done more to make cigarettes less hazardous. Methods The data for this paper come from the opening statements made by defendants in four court cases: two class action lawsuits (Engle 1999, and Blankenship 2001) and two individual cases (Boeken 2001, and Schwarz 2002). The transcripts of opening statements were reviewed and statements about product defect claims, product testing, and safe cigarette research were excerpted and coded. Results Responses by cigarette companies to charges that their products were defective has been presented consistently across different cases and by different companies. Essentially the arguments made by cigarette companies boil down to three claims: (1) smoking is risky, but nothing the companies have done has made cigarettes more dangerous than might otherwise be the case; (2) nothing the companies have done or said has kept someone from stopping smoking; and (3) the companies have spent lots of money to make the safest cigarette acceptable to the smoker. Conclusions Cigarette companies have argued that their products are inherently dangerous but not defective, and that they have worked hard to make their products safer by lowering the tar and nicotine content of cigarettes as recommended by members of the public health community. As a counter argument, plaintiff attorneys should focus on how cigarette design changes have actually made smoking more acceptable to smokers, thereby discouraging smoking cessation. PMID:17130628

Class Action Suits against Public Schools.

ERIC Educational Resources Information Center

Mesibov, Laurie

1984-01-01

If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

78 FR 50323 - Amendment of Class E Airspace; Lexington, OK

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-19

...-0272; Airspace Docket No. 13-ASW-10] Amendment of Class E Airspace; Lexington, OK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... Class E surface area to a Class E transition area. This action enhances the safety and management of...

Epidemiology of dental professional liability.

PubMed

Montagna, F; Cortesini, C; Manca, R; Montagna, L; Piras, A; Manfredini, D

2011-04-01

The aim of this article is to collect data relating to dental professional liability in Italy and provide a common platform for discussions among clinicians, legal medicine practitioners, and experts in law. On the basis of two different dental-legal statistical samples (1,670 reports of legal dental experts and 320 civil court decisions) we analyzed the dental professional liability lawsuit in the areas of distribution of lawsuits among the different dental specialties, recurrence and type of errors, outcome of civil suits, parameters of compensation. Some ideas are also proposed for possible strategies in the management of clinical risk (prevention of errors) and court proceedings.

Oil and gas: Oilfield class actions

DOE Office of Scientific and Technical Information (OSTI.GOV)

McArthur, J.B.

1997-06-01

The use of class actions is getting alot of attention in the oilfield. Plaintiffs have filed class actions challenging two of the most rooted industry practices, oil posted prices and deregulated natural gas affiliate deduction and charges. The classes will include tens or hundreds of thousands of plaintiffs and may transform two of the industry`s most settled practices. The emotions surrounding the class action risk obscuring the fact that it is an old and oft-used tool in oilfield litigation. The class action {open_quotes}provides a means by which, where a large group of persons are interested in a matter, one ormore » more may sue or be sued as representatives of the class without needing to join every member of the class.{close_quotes} The procedure avoids waste by combining scattered disputes, even if some injured might sue individually, and it enables plaintiffs who could not afford to sue to be represented anyway. The lawyers draw their fees from any recovery. Almost all oilpatch class actions are brought to resolve a {open_quotes}common question{close_quotes} under Federal Rules of Civil Procedure 23(b)(3) or state counterparts. The rule`s {open_quotes}opt-out{close_quotes} provisions give class actions a tremendous boost because members stay in unless they take steps to get out. This article discusses present and future class actions.« less

The organization of the posterior parietal cortex devoted to upper limb actions: An fMRI study

PubMed Central

Ferri, Stefania; Rizzolatti, Giacomo

2015-01-01

Abstract The present fMRI study examined whether upper‐limb action classes differing in their motor goal are encoded by different PPC sectors. Action observation was used as a proxy for action execution. Subjects viewed actors performing object‐related (e.g., grasping), skin‐displacing (e.g., rubbing the skin), and interpersonal upper limb actions (e.g., pushing someone). Observation of the three action classes activated a three‐level network including occipito‐temporal, parietal, and premotor cortex. The parietal region common to observing all three action classes was located dorsally to the left intraparietal sulcus (DIPSM/DIPSA border). Regions specific for observing an action class were obtained by combining the interaction between observing action classes and stimulus types with exclusive masking for observing the other classes, while for regions considered preferentially active for a class the interaction was exclusively masked with the regions common to all observed actions. Left putative human anterior intraparietal was specific for observing manipulative actions, and left parietal operculum including putative human SII region, specific for observing skin‐displacing actions. Control experiments demonstrated that this latter activation depended on seeing the skin being moved and not simply on seeing touch. Psychophysiological interactions showed that the two specific parietal regions had similar connectivities. Finally, observing interpersonal actions preferentially activated a dorsal sector of left DIPSA, possibly the homologue of ventral intraparietal coding the impingement of the target person's body into the peripersonal space of the actor. These results support the importance of segregation according to the action class as principle of posterior parietal cortex organization for action observation and by implication for action execution. Hum Brain Mapp 36:3845–3866, 2015. © 2015 The Authors Human Brain Mapping Published by Wiley Periodicals, Inc. PMID:26129732

Association of Attorney Advertising and FDA Action with Prescription Claims: A Time Series Segmented Regression Analysis.

PubMed

Tippett, Elizabeth C; Chen, Brian K

2015-12-01

Attorneys sponsor television advertisements that include repeated warnings about adverse drug events to solicit consumers for lawsuits against drug manufacturers. The relationship between such advertising, safety actions by the US Food and Drug Administration (FDA), and healthcare use is unknown. To investigate the relationship between attorney advertising, FDA actions, and prescription drug claims. The study examined total users per month and prescription rates for seven drugs with substantial attorney advertising volume and FDA or other safety interventions during 2009. Segmented regression analysis was used to detect pre-intervention trends, post-intervention level changes, and changes in post-intervention trends relative to the pre-intervention trends in the use of these seven drugs, using advertising volume, media hits, and the number of Medicare enrollees as covariates. Data for these variables were obtained from the Center for Medicare and Medicaid Services, Kantar Media, and LexisNexis. Several types of safety actions were associated with reductions in drug users and/or prescription rates, particularly for fentanyl, varenicline, and paroxetine. In most cases, attorney advertising volume rose in conjunction with major safety actions. Attorney advertising volume was positively correlated with prescription rates in five of seven drugs, likely because advertising volume began rising before safety actions, when prescription rates were still increasing. On the other hand, attorney advertising had mixed associations with the number of users per month. Regulatory and safety actions likely reduced the number of users and/or prescription rates for some drugs. Attorneys may have strategically chosen to begin advertising adverse drug events prior to major safety actions, but we found little evidence that attorney advertising reduced drug use. Further research is needed to better understand how consumers and physicians respond to attorney advertising.

Estimated Cost to a Restaurant of a Foodborne Illness Outbreak.

PubMed

Bartsch, Sarah M; Asti, Lindsey; Nyathi, Sindiso; Spiker, Marie L; Lee, Bruce Y

Although outbreaks of restaurant-associated foodborne illness occur periodically and make the news, a restaurant may not be aware of the cost of an outbreak. We estimated this cost under varying circumstances. We developed a computational simulation model; scenarios varied outbreak size (5 to 250 people affected), pathogen (n = 15), type of dining establishment (fast food, fast casual, casual dining, and fine dining), lost revenue (ie, meals lost per illness), cost of lawsuits and legal fees, fines, and insurance premium increases. We estimated that the cost of a single foodborne illness outbreak ranged from $3968 to $1.9 million for a fast-food restaurant, $6330 to $2.1 million for a fast-casual restaurant, $8030 to $2.2 million for a casual-dining restaurant, and $8273 to $2.6 million for a fine-dining restaurant, varying from a 5-person outbreak, with no lost revenue, lawsuits, legal fees, or fines, to a 250-person outbreak, with high lost revenue (100 meals lost per illness), and a high amount of lawsuits and legal fees ($1 656 569) and fines ($100 000). This cost amounts to 10% to 5790% of a restaurant's annual marketing costs and 0.3% to 101% of annual profits and revenue. The biggest cost drivers were lawsuits and legal fees, outbreak size, and lost revenue. Pathogen type affected the cost by a maximum of $337 000, the difference between a Bacillus cereus outbreak (least costly) and a listeria outbreak (most costly). The cost of a single foodborne illness outbreak to a restaurant can be substantial and outweigh the typical costs of prevention and control measures. Our study can help decision makers determine investment and motivate research for infection-control measures in restaurant settings.

[Suspension of IUD sales in the United States: what are the international implications?].

PubMed

Ramirez, F J; Starrs, A M

1987-01-01

The decisions by Ortho Pharmaceutical in 1985 to suspend manufacture and sale of the Lippes Loop IUD and by G.D. Searle and Co. to suspend sales of the copper 7 and copper T 200 IUDs in the US have virtually eliminated the IUD as a potential contraceptive method for American women. The only remaining IUD on the US market is the little used Progestasert hormone-releasing IUD, which accounted for only 3% of the US market at the time of Searle's decision. The decisions were made as a direct result of the liability insurance crisis and the high cost of lawsuits in the US. The US legal system, unlike those of many countries, permits individuals who believe they have been injured by actions, inactions, or products of individuals, companies, or governmental organizations to sue. The number of such lawsuits rose by 680% in US federal courts between 1974-84, and the average damages awarded now exceed US $1 million. The phenomenon of joint responsibility, in which the plaintiff can sue all parties who can be defined as having had responsibility for the alleged injury, is particularly worrisome for industry. In practice this often means that plaintiffs concentrate their efforts on the party able to pay the greatest amount in damages. As the volume of lawsuits and damages awarded have skyrocketed, so has the cost of liability insurance. Some insurance companies simply refuse to insure high risk ventures at any price. Causes of the insurance crisis in the US are multiple, but one important factor is the new unwillingness of much of the public to accept any risks in return for benefits such as control of fertility. The Lippes loop has been the object of about 200 lawsuits and the Searle IUDs of about 800, 400 of which have been dismissed or settled out of court. Of those going to court, Searle won 9 and lost 2. Legal fees in 4 recent cases won by Searle exceeded $1.5 million. Alza Corp., manufacturer of the Progestasert, is now making the device available to all physicians requesting it, but Alza urges physicians to obtain informed consent and includes a 7-page pamphlet with each device. Each unit costs $84 compared to the $25 or so for copper IUDs, and each must be replaced annually. Many satisfied users and family planning personnel in the US are dismayed by the disappearance of an effective method from the market. Although there is no objective reason for the termination of IUD use in the US to affect the availability of IUDs in other countries, the continued distribution of IUDs elsewhere has aroused suspicion. The International Planned Parenthood Federation, Family Health International, other family planning organizations, and the US Agency for International Development have examined the records of the IUD and have reiterated their conviction that the method is safe and effective for appropriately selected users. They emphasize that the IUD has the unqualified approval of the US Food and Drug Administration.

77 FR 38227 - Proposed Amendment of Class D and Class E Airspace; Bozeman, MT

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-27

...: This action proposes to modify Class D and Class E airspace at Bozeman Yellowstone International.... This action would also update the airport name to Bozeman Yellowstone International Airport. This action would enhance the safety and management of aircraft operations at the airport. DATES: Comments...

75 FR 18403 - Amendment of Class E Airspace; Rifle, CO

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-12

...-1014; Airspace Docket No. 09-ANM-10] Amendment of Class E Airspace; Rifle, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E airspace at Rifle, CO.... This action also changes the airport name in the existing Class E airspace description. DATES...

The Medicines of Katherine, Duchess of Norfolk, 1463–71

PubMed Central

Kleineke, Hannes

2015-01-01

This article discusses the medicinal remedies consumed at the court of the Yorkist kings of England in the light of a lawsuit in the court of common pleas (edited in an appendix) between John Clerk, king’s apothecary to Edward IV, and Katherine Neville, Duchess of Norfolk, over the partial non-payment of the apothecary’s bills. It argues that the consumption of apothecaries’ wares in large quantities was not merely a direct result of the excessive diet of the late medieval aristocracy, but in itself represented a facet of the conspicuous consumption inherent in the lifestyle of this particular social class. The remedies supplied by Clerk over a period of several years and listed in the legal record are set in the context of contemporary collections of medical recipes, particularly a ‘dispensary’ in the British Library’s Harleian collection generally attributed to the king’s apothecary. PMID:26352302

Compensation issues tough to navigate

DOE Office of Scientific and Technical Information (OSTI.GOV)

Madison, Alison L.

2012-02-12

Monthly economic diversity column for the Tri-City Herald - excerpt pasted below: Most industries out there are feeling the shift to a more educated, thus more empowered consumer. The legal field is no exception, which is why it's no surprise that lawsuits are on the rise. Today's society is one in which people are more aware than ever of their rights, and often equally convinced of their entitlements in a number of areas. For business owners, employees represent a major source of potential lawsuits. And compensation is an area of particular concern given that many complaints against employers revolve aroundmore » it in some way.« less

Public health law: the constitutionality of the Patient Protection and Affordable Care Act.

PubMed

De Ville, Kenneth

2011-01-01

Congress of the Patient Protection and Affordable Care Act (PPACA) was immediately challenged by lawsuits attacking the constitutionality of the legislation. The lawsuits, joined by over 2 dozen state's attorney generals, contend that PPACA is an unconstitutional exercise of federal power. Specifically, the suits argue that the individual insurance mandate portion of the law is justified by neither the "Commerce Power" nor Congress' authority to "tax" and provide for "the general welfare." This essay outlines and analyzes the constitutional arguments for, and against, PPACA forecasting the likely resolution of the debate if the suits reach the US Supreme Court.

Proposed actions for the US Food and Drug Administration to implement to minimize adverse effects associated with energy drink consumption.

PubMed

Thorlton, Janet; Colby, David A; Devine, Paige

2014-07-01

Energy drink sales are expected to reach $52 billion by 2016. These products, often sold as dietary supplements, typically contain stimulants. The Dietary Supplement Protection Act claims an exemplary public health safety record. However, in 2011 the number of emergency department visits related to consumption of energy drinks exceeded 20,000. Nearly half of these visits involved adverse effects occurring from product misuse. Political, social, economic, practical, and legal factors shape the landscape surrounding this issue. In this policy analysis, we examine 3 options: capping energy drink caffeine levels, creating a public education campaign, and increasing regulatory scrutiny regarding the manufacture and labeling of energy drinks. Increased regulatory scrutiny may be in order, especially in light of wrongful death lawsuits related to caffeine toxicity resulting from energy drink consumption.

As the pendulum swings--medical products class actions litigation in Canada: recent developments.

PubMed

Pliszka, Peter J; Armstrong, Sarah J

2013-03-01

During the relatively short history of class proceedings in Canada, developers and manufacturers of medical devices and pharmaceuticals ("medical products"), including medical products designed for patients with diabetes, have found themselves at the receiving end of a significant number of class action claims. As a result, medical products litigation has become the battleground for some of the most significant developments in Canadian class actions law. This article provides a broad overview of some of the most significant developments. The authors pay particular attention to developments regarding the test for class action certification and consider whether high-profile dismissals of certification motions represent a trend toward raising the threshold for plaintiffs seeking to obtain certification of a proposed class action. The authors also consider a decision arising out of a lengthy class action common issues trial in which the medical device company was victorious. In the authors' view, the class action pendulum in Canada, particularly as it relates to medical products claims, remains in motion. It behooves all affected players to keep their eye on this ball with rapt attention to see where it may move next. © 2013 Diabetes Technology Society.

The Sweet Hereafter by Atom Egoyan: extreme loss and psychic survival.

PubMed

Secchi, Cesare

2011-12-01

In a small mountain community of British Columbia a school bus swerves off the road, causing the death of 14 children. Mitchell Stephens, a New York lawyer, immediately enters the fray with the idea of instigating a large-scale lawsuit to obtain compensation for the victims, making contact with each of the parents who had lost children in the accident. Many are persuaded to join his cause. The lawyer, bombarded by phone calls from his daughter, a drug addict, even turns to Dolores Driscoll, the bus driver, who survived the accident. The latter, however, with the support of her paraplegic husband, refuses to become involved in the lawsuit. Another character who is vigorously opposed to the collective cause is Billy Ansel, a garage owner who had already lost his beloved wife and witnesses the death of his two children from the pick-up truck in which he is following the school bus. Among the survivors there is, finally, the 14 year-old Nicole Burnell, who had dreamt of becoming a folk singer and now finds herself paralysed from the waist down. Nicole is initially persuaded by the lawyer and by her parents--in particular by her father Sam, with whom she has had an incestuous relationship--to testify in favour the party seeking compensation, but when she steps into the witness box, realizing that such legal action was misguided, she offers a 'false' account of the accident, invalidating the case. Two years after the tragedy of the school bus, Mitchell Stephens bumps into Allison, a friend of his daughter's, on an airplane and ends up revealing to her some of his painful experiences. Copyright © 2011 Institute of Psychoanalysis.

10 CFR 1021.410 - Application of categorical exclusions (classes of actions that normally do not require EAs or EISs).

Code of Federal Regulations, 2010 CFR

2010-01-01

...) A class of actions includes activities foreseeably necessary to proposals encompassed within the class of actions (such as associated transportation activities and award of implementing grants and...

28 CFR 61.5 - Typical classes of action.

Code of Federal Regulations, 2010 CFR

2010-07-01

.... These classes are: actions normally requiring environmental impact statements (EIS), actions normally not requiring assessments or EIS, and actions normally requiring assessments but not necessarily EIS...) Actions normally requiring EIS. None, except as noted in the appendices to this part. (2) Actions normally...

Physicians' fears of malpractice lawsuits are not assuaged by tort reforms.

PubMed

Carrier, Emily R; Reschovsky, James D; Mello, Michelle M; Mayrell, Ralph C; Katz, David

2010-09-01

Physicians contend that the threat of malpractice lawsuits forces them to practice defensive medicine, which in turn raises the cost of health care. This argument underlies efforts to change malpractice laws through legislative tort reform. We evaluated physicians' perceptions about malpractice claims in states where more objective indicators of malpractice risk, such as malpractice premiums, varied considerably. We found high levels of malpractice concern among both generalists and specialists in states where objective measures of malpractice risk were low. We also found relatively modest differences in physicians' concerns across states with and without common tort reforms. These results suggest that many policies aimed at controlling malpractice costs may have a limited effect on physicians' malpractice concerns.

Three Words and the Future of the Affordable Care Act.

PubMed

Bagley, Nicholas

2015-06-01

As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort to dismantle a critical feature of the ACA. Copyright © 2015 by Duke University Press.

A review of state legislation and a state legislator survey related to not-for-profit hospital tax exemption and health care for the indigent.

PubMed

Jervis, Kathryn J

2005-01-01

This study examines recent states' legislation related to the not-for-profit (NFP) hospital tax exemption and care to the uninsured and underinsured, and compares these legislative provisions to a past survey of state legislators' opinions about appropriate criteria for the NFP hospital tax exemption. To be tax-exempt, hospitals need to provide services that benefit the community. The problem lies in the ambiguous nature of the community benefits standard and the type of information required for compliance with the standard. As a consequence, NFP hospital tax-exemption challenges have occurred across the nation, resulting most recently in a federal class action lawsuit against NFP hospitals across several states. Empirical research has examined whether the NFP hospital tax exemption is justified based on the amount of community benefits and charitable care provided, without examining the type of policy alternatives that might be proposed by legislators who are responsible to change and create tax-exemption regulations. This article surveys state legislators and examines state legislation. The survey reveals that legislators from states with tax-exempt challenge activity focus more narrowly on the provision of charitable care and that state legislators consider quantitative information to be as important as qualitative information for the tax-exemption decision. Essentially, the survey predicts that state legislation would focus primarily on charitable care policy and indigent care guidelines, which is confirmed by the review of recent state legislation; however, there is still much variation in tax-exemption legislation between states. More standardization is needed to address the needs of indigent patients equitably.

Violations of service fairness and legal ramifications: the case of the managed care industry.

PubMed

Chan, M

2002-04-01

Adapted from Chan's (2000) model depicting success of litigation, this paper argues that with the application of various legislation, health maintenance organizations' (HMOs') violations of service fairness to each group: enrollees, physicians, and hospitals give rise to each group's lawsuits against the HMOs. Various authors (Bowen et al., 1999; Seiders and Berry, 1998) indicate that justice concepts such as distributive, procedural, and interactional justice can be applied to the area of service fairness. The violation of these underlying justice principles with HMOs' service unfairness to enrollees, physicians, and hospitals is examined. A general synopsis of the ethical issues in the managed care industry is provided. The various lawsuits launched by each group: enrollees, physicians, and hospitals together with the key statutes used are discussed. This paper also highlights the provisions and ramifications of the 11 April 2000 landmark agreement that Aetna made with Texas Attorney General John Cornyn to settle the 1998 lawsuit brought against the company. Lastly, the current ethical issues in the managed care industry are further discussed. The value of this paper can be adapted to the study of organizations' service fairness violations in other industries or in the educational, governmental, and not-for-profit sectors both nationally and internationally.

77 FR 64919 - Proposed Establishment of Class E Airspace; Princeton, KY

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-24

... Class E Airspace; Princeton, KY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E Airspace at Princeton, KY to... serving the Princeton-Caldwell County Airport. This action would enhance the safety and airspace...

78 FR 65554 - Establishment of Class E Airspace; Rome, OR

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-01

...-0533; Airspace Docket No. 13-ANM-19] Establishment of Class E Airspace; Rome, OR AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... (NBAA) supporting the establishment of Class E en route airspace. Class E airspace designations are...

The plight of the not-for-profit.

PubMed

Owens, Bramer

2005-01-01

Recent controversies in the hospital sector have questioned whether the levels of charity care, community benefit, and executive compensation provided by not-for-profit hospitals are consistent with mandates of their tax-exempt status and mission statements. This article demonstrates that these recent controversies stem from a combination of historical influences, regulatory inequities, and competitive disadvantages, which are suffocating many not-for-profit hospitals across the nation. Once the current environment is described, the article discusses each threat and offers actionable recommendations to quell current attacks faced by the industry. First, to address the current probe by the Internal Revenue Service, hospitals must begin to link their executive compensation with their organizational mission. Second, to address recent lawsuits, the article presents a standardized definition of community benefit and recommends an alternative model to classify charity care. Finally, to address recent congressional hearings, the article offers a plan for hospitals to gauge their expected benefit to the community they serve.

Litigating reproductive and developmental health in the aftermath of UAW versus Johnson Controls.

PubMed

Clauss, C A; Berzon, M; Bertin, J

1993-07-01

In a major decision handed down last term (International Union [UAW] versus Johnson Controls, Inc.), the Supreme Court ruled that employment practices excluding fertile or pregnant women from the workplace because of alleged concerns for fetal health constitute illegal sex discrimination. We analyze the three opinions in the case and explain why the decision was an essential first step to promoting reproductive and developmental health in the workplace. Continued progress toward eliminating or reducing reproductive occupational risks will require comprehensive legal strategies involving private lawsuits, governmental regulation and enforcement actions, and new legislation designed to preserve the existing rights of workers and to obtain new and additional protections. Finally, we caution that, in designing such strategies, it will be important to avoid solutions that either shift responsibility for reproductive health to workers, rather than to employers, or that undermine other important legal rights.

Decision making in child protective services: a risky business?

PubMed

Camasso, Michael J; Jagannathan, Radha

2013-09-01

Child Protective Services (CPS) in the United States has received a torrent of criticism from politicians, the media, child advocate groups, and the general public for a perceived propensity to make decisions that are detrimental to children and families. This perception has resulted in numerous lawsuits and court takeovers of CPS in 35 states, and calls for profound restructuring in other states. A widely prescribed remedy for decision errors and faulty judgments is an improvement of risk assessment strategies that enhance hazard evaluation through an improved understanding of threat potentials and exposure likelihoods. We examine the reliability and validity problems that continue to plague current CPS risk assessment and discuss actions that can be taken in the field, including the use of receiver operating characteristic (ROC) curve technology to improve the predictive validity of risk assessment strategies. © 2012 Society for Risk Analysis.

Litigating reproductive and developmental health in the aftermath of UAW versus Johnson Controls.

PubMed Central

Clauss, C A; Berzon, M; Bertin, J

1993-01-01

In a major decision handed down last term (International Union [UAW] versus Johnson Controls, Inc.), the Supreme Court ruled that employment practices excluding fertile or pregnant women from the workplace because of alleged concerns for fetal health constitute illegal sex discrimination. We analyze the three opinions in the case and explain why the decision was an essential first step to promoting reproductive and developmental health in the workplace. Continued progress toward eliminating or reducing reproductive occupational risks will require comprehensive legal strategies involving private lawsuits, governmental regulation and enforcement actions, and new legislation designed to preserve the existing rights of workers and to obtain new and additional protections. Finally, we caution that, in designing such strategies, it will be important to avoid solutions that either shift responsibility for reproductive health to workers, rather than to employers, or that undermine other important legal rights. PMID:8243393

Science, population ecology, and the management of the American black duck

USGS Publications Warehouse

Nichols, J.D.

1991-01-01

This essay deals with the relevance of some of the ideas of Romesburg (1981) to population ecology and management of the American black duck (Anas rubripes). Most investigations dealing with the effects of hunting regulations on black duck populations have used the hypothetico-deductive (H-D) approach of specifying a priori hypotheses and associated deduced predictions. These investigations have not used manipulative experimentation, however, but have involved severely constrained analyses of historical data and have thus produced weak inferences. The 1982 lawsuit over black duck hunting regulations, the current uncertainty about appropriate black duck management actions, and the frequent skirmishes in the published literature of black duck population ecology are natural consequences of these weak inferences. I suggest that we attempt to take advantage of management and other manipulations by treating them as an opportunity to learn something via experimentation, as recommended by Macnab (1983) and Walters (1986).

78 FR 48294 - Amendment of Class E Airspace; Mason, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-08

...-1141; Airspace Docket No. 12-ASW-12] Amendment of Class E Airspace; Mason, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Mason, TX... Approach Procedures at Mason County Airport. This action enhances the safety and management of Instrument...

78 FR 40076 - Proposed Establishment and Modification of Class E Airspace; Oakland, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-03

...; Oakland, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E airspace extending upward from 700 feet above... instrument approach procedures at the airport. This action would also modify Class E surface airspace...

77 FR 4458 - Amendment of Class E Airspace; Rugby, ND

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-30

...-0433; Airspace Docket No. 11-AGL-12] Amendment of Class E Airspace; Rugby, ND AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Rugby, ND. Decommissioning of the Rugby non-directional beacon (NDB) at Rugby Municipal Airport has made this action...

"Hoffman v. Monsanto": Courts, Class Actions, and Perceptions of the Problem of GM Drift

ERIC Educational Resources Information Center

McLeod-Kilmurray, Heather

2007-01-01

"Hoffman v. Monsanto" raises questions about the civil litigation system. Are courts appropriate institutions, and are class actions the appropriate procedure, for resolving disputes about genetically modified organisms (GMOs)? After addressing the institutional question, this article focuses on procedure. Although class actions are…

75 FR 49866 - Proposed Amendment of Class D and Class E Airspace; Klamath Falls, OR

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-16

...-0651; Airspace Docket No. 10-ANM-7] Proposed Amendment of Class D and Class E Airspace; Klamath Falls...). SUMMARY: This action proposes to amend Class D and Class E airspace at Klamath Falls, OR. Decommissioning of the Merrill Non-Directional Radio Beacon (NDB) at Klamath Falls Airport has made this action...

76 FR 54153 - Proposed Amendment of Class D and Class E Airspace; Baltimore, MD

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-31

...: This action proposes to amend Class D and Class E Airspace at Baltimore, MD, as the Martin Non... developed at Martin State Airport. This action would also update the geographic coordinates of the Baltimore... Federal Regulations (14 CFR) part 71 to amend Class D airspace and Class E surface airspace at Martin...

39 CFR 775.5 - Classes of actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... PROCEDURES § 775.5 Classes of actions. (a) Actions which normally require an environment impact statement... environment; (7) Any action that threatens a violation of applicable federal, state, or local law or... ecologically critical area; (5) Any action affecting the quality of the physical environment that would be...

39 CFR 775.5 - Classes of actions.

Code of Federal Regulations, 2011 CFR

2011-07-01

... PROCEDURES § 775.5 Classes of actions. (a) Actions which normally require an environment impact statement... environment; (7) Any action that threatens a violation of applicable federal, state, or local law or... ecologically critical area; (5) Any action affecting the quality of the physical environment that would be...

38 CFR 17.162 - Eligibility for Class II dental treatment without rating action.

Code of Federal Regulations, 2011 CFR

2011-07-01

... dental treatment without rating action. 17.162 Section 17.162 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Dental Services § 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under § 17.161(b...

38 CFR 17.162 - Eligibility for Class II dental treatment without rating action.

Code of Federal Regulations, 2014 CFR

2014-07-01

... dental treatment without rating action. 17.162 Section 17.162 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Dental Services § 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under § 17.161(b...

38 CFR 17.162 - Eligibility for Class II dental treatment without rating action.

Code of Federal Regulations, 2013 CFR

2013-07-01

... dental treatment without rating action. 17.162 Section 17.162 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Dental Services § 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under § 17.161(b...

38 CFR 17.162 - Eligibility for Class II dental treatment without rating action.

Code of Federal Regulations, 2010 CFR

2010-07-01

... dental treatment without rating action. 17.162 Section 17.162 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Dental Services § 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under § 17.161(b...

38 CFR 17.162 - Eligibility for Class II dental treatment without rating action.

Code of Federal Regulations, 2012 CFR

2012-07-01

... dental treatment without rating action. 17.162 Section 17.162 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS MEDICAL Dental Services § 17.162 Eligibility for Class II dental treatment without rating action. When an application has been made for class II dental treatment under § 17.161(b...

12 CFR 408.6 - Typical classes of action.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Typical classes of action. 408.6 Section 408.6 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES PROCEDURES FOR COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT Eximbank Implementing Procedures § 408.6 Typical classes of action. (a) Section 1507.3...

75 FR 31677 - Amendment of Class E Airspace; Austin, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-04

...-1152; Airspace Docket No. 09-ASW-31] Amendment of Class E Airspace; Austin, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for the Austin, TX... Procedures (SIAPs) at Austin Executive Airport, Austin, TX. The FAA is taking this action to enhance the...

78 FR 48290 - Amendment of Class D Airspace; Waco, TX, and Establishment of Class D Airspace; Waco, TSTC-Waco...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-08

...-0136; Airspace Docket No. 13-ASW-4] Amendment of Class D Airspace; Waco, TX, and Establishment of Class D Airspace; Waco, TSTC-Waco Airport, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class D airspace at Waco, TX, by separating the Class D airspace...

Suing the doctor: lawsuits by injured workers against the occupational physician.

PubMed

Postol, L P

1989-11-01

Occupational physicians are beginning to learn that they, like other physicians, can be targets for lawsuits. This article attempts to outline the relationship between the workers' compensation system and occupational physicians' personal liability. Consideration is given to potential liability due to malpractice, negligent interference with a workers' contractual relationship with his or her employer, libel and slander, and unauthorized release of information. The requirements of the Occupational Health and Safety Administration for medical examinations and recordkeeping are also highlighted. Finally, the need to clarify the relationship between the doctor, patient/worker, and employer is analyzed. Once the occupational physician recognizes the areas for liability, he or she can take practical steps to minimize his or her exposure.

[Essential drugs and pharmaceutical care: reflection on the access to drugs through lawsuits in Brazil].

PubMed

Sant'ana, João Maurício Brambati; Pepe, Vera Lúcia Edais; Osorio-de-Castro, Claudia Garcia Serpa; Ventura, Miriam

2011-02-01

The guarantee of pharmaceutical care as a legal right established by the Brazilian federal constitution of 1988 led to an increase in lawsuits to put that right into practice. This phenomenon has been dubbed the judicialization of pharmaceutical care. Studies on this topic have revealed, on the one hand, deficiencies in the access of Unified Health Care (SUS) users to drugs included in Ministry of Health pharmaceutical care lists, and, on the other hand, limitations of the legal system to deal with the situation. The present article addresses these issues in the context of the conceptual framework that supports the Brazilian drug policy and pharmaceutical care policy, especially the notions of essential drugs and allocation of scarce resources.

Surrogacy litigation in China and beyond.

PubMed

Ding, Chunyan

2015-02-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.

Surrogacy litigation in China and beyond

PubMed Central

Ding, Chunyan

2015-01-01

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy. PMID:27774179

Asset protection: why a preventive approach is the best insurance against liability.

PubMed

Rinaldi, Ellen; Shin, Alisa

2008-02-01

Asset-protection planning is critical for people in high-risk professions, such as dentistry. Planning requires a careful weighing of risks, such as the risk of a lawsuit versus that of relinquishing control of assets. The authors examine several lawful techniques that may protect a dentist's assets from claims of future creditors. Asset-protection planning, if done early and with the guidance of an attorney well-versed in the subject, can help deter creditors from claims resulting from malpractice suits, divorce, business partner disputes, bad investments, poor tax planning or a combination of these. Practice Implications. Careful planning can minimize the risk to a dentist's personal assets and the assets of the practice resulting from a lawsuit or other liabilities.

75 FR 57848 - Revocation of Class E Airspace, Brunswick, ME; and Establishment of Class E Airspace, Wiscasset, ME

Federal Register 2010, 2011, 2012, 2013, 2014

2010-09-23

...-0248; Airspace Docket No. 10-ANE-10] Revocation of Class E Airspace, Brunswick, ME; and Establishment of Class E Airspace, Wiscasset, ME AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action removes Class E Airspace at Brunswick NAS, Brunswick, ME, as the airport has...

77 FR 17362 - Proposed Modification of Class D and Class E Airspace and Revocation of Class E Airspace...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-26

... (IFR) at Bellingham International Airport. This action also would remove Class E airspace designated as an extension to a Class D or E surface area at Bellingham International Airport. This action, initiated by the biennial review of the Bellingham airspace area, would enhance the safety and management of...

78 FR 76781 - Proposed Modification of Class B Airspace; Salt Lake City, UT

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-19

... City, UT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking... City Class B airspace area by raising the floor of a small portion of Class B airspace between the Salt Lake City Class B surface area and the Hill Air Force Base (AFB) Class D airspace area. This action...

76 FR 40598 - Establishment of Class E Airspace; Campbellton, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-11

...-1053; Airspace Docket No. 10-ASW-15] Establishment of Class E Airspace; Campbellton, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... proposed rulemaking to establish Class E airspace for Campbellton, TX, creating controlled airspace at 74...

76 FR 43822 - Establishment of Class E Airspace; Hearne, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-22

...-0214; Airspace Docket No. 11-ASW-2] Establishment of Class E Airspace; Hearne, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... notice of proposed rulemaking to establish Class E airspace for Hearne, TX, creating controlled airspace...

76 FR 9220 - Establishment of Class E Airspace; Martinsville, IN

Federal Register 2010, 2011, 2012, 2013, 2014

2011-02-17

...-1031; Airspace Docket No. 10-AGL-19] Establishment of Class E Airspace; Martinsville, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E... Federal Register a notice of proposed rulemaking to establish Class E airspace for Martinsville, IN...

77 FR 56761 - Amendment of Class E Airspace; Kerrville, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-14

...-1399; Airspace Docket No. 11-ASW-14] Amendment of Class E Airspace; Kerrville, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... Class E airspace for the Kerrville, TX, area, creating additional controlled airspace at Kerrville...

77 FR 66069 - Amendment of Class E Airspace; Perry, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-01

...-1435; Airspace Docket No. 11-ACE-28] Amendment of Class E Airspace; Perry, IA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Perry, IA... proposed rulemaking (NPRM) to amend Class E airspace for the Perry, IA, area, creating additional...

77 FR 66067 - Amendment of Class E Airspace; Boone, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-01

...-1432; Airspace Docket No. 11-ACE-25] Amendment of Class E Airspace; Boone, IA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Boone, IA... proposed rulemaking (NPRM) to amend Class E airspace for the Boone, IA, area, creating additional...

75 FR 65228 - Revocation of Class E Airspace; Chilicothe, MO

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

...-0268; Airspace Docket No. 10-ACE-2] Revocation of Class E Airspace; Chilicothe, MO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action removes Class E airspace for Chilicothe, MO. Airport management and air traffic control facility managers have determined that the Class E...

75 FR 13667 - Amendment of Class E Airspace; Huntingburg, IN

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-23

...; Airspace Docket No. 09-AGL-21] Amendment of Class E Airspace; Huntingburg, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Huntingburg, IN... rulemaking to amend Class E airspace for Huntingburg Airport, Huntingburg, IN (74 FR 66592) Docket No. FAA...

76 FR 40597 - Amendment of Class E Airspace; Madison, SD

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-11

...-0135; Airspace Docket No. 11-AGL-4] Amendment of Class E Airspace; Madison, SD AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Madison, SD, to... rulemaking to amend Class E airspace for Madison, SD, creating controlled airspace at Madison Municipal...

75 FR 41076 - Establishment of Class E Airspace; Monterey, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-15

...-1030; Airspace Docket No. 09-AWP-8] Establishment of Class E Airspace; Monterey, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E... area. Class E airspace designations are published in paragraph 6002 of FAA Order 7400.9T signed August...

78 FR 41685 - Amendment of Class E Airspace; Worthington, MN

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-11

...-1139; Airspace Docket No. 12-AGL-12] Amendment of Class E Airspace; Worthington, MN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... rulemaking (NPRM) to amend Class E airspace for the Worthington, MN, area, creating additional controlled...

77 FR 46282 - Amendment of Class E Airspace; Sweetwater, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-03

...-0829; Airspace Docket No. 11-ASW-9] Amendment of Class E Airspace; Sweetwater, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... Register a notice of proposed rulemaking (NPRM) to amend Class E airspace for the Sweetwater, TX, area...

77 FR 51464 - Amendment of Class E Airspace; Augusta, GA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-24

...-1334; Airspace Docket No. 11-ASO-43] Amendment of Class E Airspace; Augusta, GA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E Airspace in... amend Class E airspace in the Augusta, GA area (77 FR 21506). Interested parties were invited to...

75 FR 65224 - Amendment of Class E Airspace; Williston, ND

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

...-0407; Airspace Docket No. 10-AGL-7] Amendment of Class E Airspace; Williston, ND AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for... published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for Williston...

78 FR 27031 - Amendment of Class E Airspace; Kingston, NY

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-09

...-0831; Airspace Docket No. 12-AEA-13] Amendment of Class E Airspace; Kingston, NY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E Airspace at... published in the Federal Register a notice of proposed rulemaking to amend Class E airspace at Kingston, NY...

76 FR 43821 - Establishment of Class E Airspace; Ranger, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-22

...-1240; Airspace Docket No. 10-ASW-18] Establishment of Class E Airspace; Ranger, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... Register a notice of proposed rulemaking to establish Class E airspace for Ranger, TX, creating controlled...

75 FR 41075 - Amendment of Class E Airspace; Bozeman, MT

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-15

...-1220; Airspace Docket No. 09-ANM-30] Amendment of Class E Airspace; Bozeman, MT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will amend Class E airspace at... proposed rulemaking to amend Class E airspace at Bozeman, MT (75 FR 20321). Interested parties were invited...

76 FR 55554 - Amendment of Class E Airspace; Rutherfordton, NC

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-08

...-1330; Airspace Docket No. 10-ASO-41] Amendment of Class E Airspace; Rutherfordton, NC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... published in the Federal Register a notice of proposed rulemaking to amend Class E airspace 700 feet above...

75 FR 13668 - Amendment of Class E Airspace; Georgetown, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-23

...-0934; Airspace Docket No. 09-ASW-29] Amendment of Class E Airspace; Georgetown, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... Register a notice of proposed rulemaking to amend Class E airspace for Georgetown Municipal Airport...

76 FR 70865 - Modification of Class E Airspace; Driggs, ID

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-16

...-0837; Airspace Docket No. 11-ANM-17] Modification of Class E Airspace; Driggs, ID AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at... were received. Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9V...

76 FR 16530 - Establishment of Class E Airspace; Creighton, NE

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-24

...-1170; Airspace Docket No. 10-ACE-13] Establishment of Class E Airspace; Creighton, NE AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... Federal Register a notice of proposed rulemaking to establish Class E airspace for Creighton, NE, creating...

77 FR 10649 - Modification of Class E Airspace; Douglas, AZ

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-23

...-1313; Airspace Docket No. 11-AWP-17] Modification of Class E Airspace; Douglas, AZ AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at... airport, and corrects a typographical error in the legal description for the Class E 700 foot airspace...

76 FR 47061 - Amendment of Class E Airspace; Lakeland, FL

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-04

...-0005; Airspace Docket No. 10-ASO-42] Amendment of Class E Airspace; Lakeland, FL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at... proposed rulemaking (NPRM) to amend Class E airspace at Lakeland Linder Regional Airport, Lakeland, FL (75...

77 FR 46284 - Amendment of Class E Airspace; Lemmon, SD

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-03

...-0391; Airspace Docket No. 12-AGL-2] Amendment of Class E Airspace; Lemmon, SD AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Lemmon, SD... rulemaking (NPRM) to amend Class E airspace for the Lemmon, SD, area, creating additional controlled airspace...

75 FR 68415 - Amendment of Class E Airspace; Kennett, MO

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-08

...; Airspace Docket No. 10-ACE-8] Amendment of Class E Airspace; Kennett, MO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Kennett, MO... rulemaking to amend Class E airspace for Kennett, MO, reconfiguring controlled airspace at Kennett Memorial...

77 FR 32896 - Modification of Class E Airspace; Billings, MT

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-04

...-0316; Airspace Docket No. 12-ANM-1] Modification of Class E Airspace; Billings, MT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at... were received. Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9V...

75 FR 41077 - Revision of Class E Airspace; Monterey, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-15

...-0633; Airspace Docket No. 10-AWP-12] Revision of Class E Airspace; Monterey, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at...: History The FAA received a request from NACO to clarify the legal description of the existing Class E...

76 FR 80232 - Establishment of Class E Airspace; Oneonta, AL

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-23

...-0744; Airspace Docket No. 11-ASO-33] Establishment of Class E Airspace; Oneonta, AL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E Airspace... published in the Federal Register a notice of proposed rulemaking (NPRM) to establish Class E airspace at...

75 FR 65226 - Establishment of Class E Airspace; Bamberg, SC

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

...-0685; Airspace Docket No. 10-ASO-27] Establishment of Class E Airspace; Bamberg, SC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E Airspace... Register a notice of proposed rulemaking to establish Class E airspace at Bamberg, SC (75 FR 52654) Docket...

78 FR 11980 - Amendment of Class E Airspace; Casper, WY

Federal Register 2010, 2011, 2012, 2013, 2014

2013-02-21

...-0509; Airspace Docket No. 12-ANM-15] Amendment of Class E Airspace; Casper, WY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace areas at Casper... were received. Class E airspace designations are published in paragraphs 6004, 6005 and 6006...

75 FR 65227 - Revocation of Class E Airspace; Franklin, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

...-0603; Airspace Docket No. 10-ASW-9] Revocation of Class E Airspace; Franklin, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action removes Class E airspace for... published in the Federal Register a notice of proposed rulemaking to remove Class E airspace for Franklin...

75 FR 65225 - Amendment of Class E Airspace; Youngstown, OH

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-22

...-267; Airspace Docket No. 10-AGL-5] Amendment of Class E Airspace; Youngstown, OH AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for... Federal Register a notice of proposed rulemaking to amend Class E airspace for Youngstown, OH, creating...

75 FR 43814 - Amendment of Class D Airspace; Goldsboro, NC

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-27

...-0095; Airspace Docket No. 10-ASO-18] Amendment of Class D Airspace; Goldsboro, NC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends the Class D Airspace at... published in the Federal Register a notice of proposed rulemaking to amend Class D airspace for Seymour...

76 FR 44254 - Amendment of Class D Airspace; Denton, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-25

...-1327; Airspace Docket No. 10-ASW-19] Amendment of Class D Airspace; Denton, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class D airspace for Denton, TX, to... rulemaking to amend Class D airspace for Denton, TX, creating additional controlled airspace at Denton...

78 FR 67296 - Establishment of Class D Airspace; Mesquite, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2013-11-12

...-0580; Airspace Docket No. 12-ASW-2] Establishment of Class D Airspace; Mesquite, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class D airspace... establish Class D airspace for Mesquite Metro Airport, Mesquite, TX (78 FR 48842) Docket No. FAA-2012- 0580...

The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil

PubMed Central

Socal, Mariana P.; Amon, Joseph J.

2016-01-01

Abstract The impact of increasing numbers of lawsuits for access to medicines in Brazil is hotly debated. Government officials and scholars assert that the “judicialization of health” is driven by urban elites and private interests, and is used primarily to access high-cost drugs. Using a systematic sample of 1,262 lawsuits for access to medicines filed against the southern Brazilian state of Rio Grande do Sul, we assess these claims, offering empirical evidence that counters prevailing myths and affirms the heterogeneity of the judicialization phenomenon. Our findings show that the majority of patient-litigants are in fact poor and older individuals who do not live in major metropolitan areas and who depend on the state to provide their legal representation, and that the majority of medicines requested were already on governmental formularies. Our data challenge arguments that judicialization expands inequities and weakens the universal health care system. Our data also suggest that judicialization may serve as a grassroots instrument for the poor to hold the state accountable. Failing to acknowledge regional differences and attempting to fit all data into one singular narrative may be contributing to a biased interpretation of the nature of judicialization, and limiting the understanding of its drivers, consequences, and implications at local levels. PMID:27781011

The Legal Doctrine on 'Limitation of Liability' in the Precedent Analysis on Plastic Surgery Medical Malpractice Lawsuits.

PubMed

Park, Bo Young; Pak, Ji-Hyun; Hong, Seung-Eun; Kang, So Ra

2015-12-01

This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victim-side cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit.

The Legal Doctrine on 'Limitation of Liability' in the Precedent Analysis on Plastic Surgery Medical Malpractice Lawsuits

PubMed Central

Kang, So Ra

2015-01-01

This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victim-side cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit. PMID:26713045

Low-Level Waste Forum notes and summary reports for 1994. Volume 9, Number 3, May-June 1994

DOE Office of Scientific and Technical Information (OSTI.GOV)

NONE

1994-06-01

This issue includes the following articles: Vermont ratifies Texas compact; Pennsylvania study on rates of decay for classes of low-level radioactive waste; South Carolina legislature adjourns without extending access to Barnwell for out-of-region generators; Southeast Compact Commission authorizes payments for facility development, also votes on petitions, access contracts; storage of low-level radioactive waste at Rancho Seco removed from consideration; plutonium estimates for Ward Valley, California; judgment issued in Ward Valley lawsuits; Central Midwest Commission questions court`s jurisdiction over surcharge rebates litigation; Supreme Court decides commerce clause case involving solid waste; parties voluntarily dismiss Envirocare case; appellate court affirms dismissal ofmore » suit against Central Commission; LLW Forum mixed waste working group meets; US EPA Office of Radiation and Indoor Air rulemakings; EPA issues draft radiation site cleanup regulation; EPA extends mixed waste enforcement moratorium; and NRC denies petition to amend low-level radioactive waste classification regulations.« less

Junking Good Science: Undoing Daubert v Merrill Dow Through Cross-Examination and Argument

PubMed Central

Givelber, Daniel; Strickler, Lori

2006-01-01

For more than 40 years, the tobacco industry prevailed in lawsuits brought by injured smokers, despite overwhelming epidemiological evidence that smoking caused lung cancer. Tobacco lawyers were able to create doubt about causation. They sought to persuade jurors that “everybody knew” smoking was harmful but “nobody knows” what causes cancer by recreating in court the scientific debate resolved by the 1964 Surgeon General’s Report. The particularistic structure of jury trials combined with the law’s mechanistic view of causation enables a defendant to contest virtually any claim concerning disease causation. Despite judicial efforts to eliminate “junk science” from lawsuits, a well-financed defendant may succeed in persuading jurors of the epidemiological equivalent of the proposition that the earth is flat. PMID:16317200

76 FR 55555 - Amendment of Class E Airspace; Shelby, NC

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-08

...-0280; Airspace Docket No. 11-ASO-16] Amendment of Class E Airspace; Shelby, NC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E Airspace at Shelby, NC, to... rulemaking to amend Class E airspace at Shelby, NC (76 FR 35799) Docket No. FAA-2011-0280. Interested parties...

76 FR 28887 - Revocation of Class E Airspace; Ozark, MO

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-19

...-0432; Airspace Docket No. 11-ACE-8] Revocation of Class E Airspace; Ozark, MO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action removes Class E airspace at Ozark, MO... Regulations (14 CFR) Part 71 by removing Class E airspace in the Ozark, MO, area. Abandonment of the former...

78 FR 57788 - Amendment of Class E Airspace; Everett, WA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-09-20

...-0434; Airspace Docket No. 13-ANM-1] Amendment of Class E Airspace; Everett, WA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at Everett, WA, to... the FAA. No comments were received. Class E airspace designations are published in paragraph 6004, of...

75 FR 13669 - Amendment of Class E Airspace; Dumas, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-23

...-1151; Airspace Docket No. 09-ASW-30] Amendment of Class E Airspace; Dumas, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Dumas, TX, adding... published in the Federal Register a notice of proposed rulemaking to amend Class E airspace for Dumas, TX...

77 FR 68067 - Establishment of Class E Airspace; Coaldale, NV

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-15

...-0705; Airspace Docket No. 12-AWP-4] Establishment of Class E Airspace; Coaldale, NV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E airspace... forth in the NPRM for lowering the Class E airspace down to 1,200 feet above the surface was vague and...

76 FR 35966 - Amendment of Class E Airspace; Cocoa, FL

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-21

...-0070; Airspace Docket No. 10-ASO-43] Amendment of Class E Airspace; Cocoa, FL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E Airspace at Cocoa, FL, as the... published in the Federal Register a notice of proposed rulemaking to amend Class E airspace at Merritt...

75 FR 72939 - Modification of Class E Airspace; Portland, OR

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-29

...-0719; Airspace Docket No. 10-ANM-8] Modification of Class E Airspace; Portland, OR AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will modify existing Class E.... Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9U dated August 18, 2010...

76 FR 9219 - Amendment of Class E Airspace; Muncie, IN

Federal Register 2010, 2011, 2012, 2013, 2014

2011-02-17

...-1032; Airspace Docket No. 10-AGL-20] Amendment of Class E Airspace; Muncie, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Muncie, IN, to... proposed rulemaking to amend Class E airspace for Muncie, IN, creating controlled airspace at Ball Memorial...

78 FR 33963 - Amendment of Class E Airspace; Atwood, KS

Federal Register 2010, 2011, 2012, 2013, 2014

2013-06-06

...; Airspace Docket No. 11-ACE-24] Amendment of Class E Airspace; Atwood, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Atwood, KS... published in the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace for the...

77 FR 68681 - Amendment of Class E Airspace; Anthony, KS

Federal Register 2010, 2011, 2012, 2013, 2014

2012-11-16

...-0652; Airspace Docket No. 12-ACE-4] Amendment of Class E Airspace; Anthony, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Anthony, KS... the Federal Register a notice of proposed rulemaking (NPRM) to amend Class E airspace for the Anthony...

78 FR 48291 - Amendment of Class D Airspace; Sparta, WI

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-08

...-0165; Airspace Docket No. 13-AGL-6] Amendment of Class D Airspace; Sparta, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class D airspace at Sparta, WI... Register a notice of proposed rulemaking (NPRM) to amend Class D airspace for Sparta/Fort McCoy Airport (78...

78 FR 63860 - Amendment of Class D Airspace; Kwajalein Island, Marshall Islands, RMI

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-25

...This action amends the Kwajalein Island Class D airspace description by amending the geographic coordinates for Bucholz Army Airfield (AAF), Kwajalein Island, Marshall Islands, RMI. The Bucholz AAF geographic coordinates information was updated in the Kwajalein Island Class E airspace descriptions in 2011, but was inadvertently overlooked in the Kwajalein Island Class D airspace description. This action ensures the safety of aircraft operating in the Kwajalein Island airspace area. This is an administrative action and does not affect the operating requirements of the airspace.

Academic Therapists.

ERIC Educational Resources Information Center

Fogg, Piper

2003-01-01

Explores how even mundane conflicts on campuses can lead to ugly situations and costly lawsuits; but with conflict-resolution consultants and internal programs, colleges are trying to head off trouble before it does serious damage. (EV)

The fear factor in healthcare: employee information sharing.

PubMed

Malvey, Donna; Fottler, Myron D; Sumner, Jennifer

2013-01-01

This study looks at employee information sharing among hospitals, a topic that is underresearched, underreported, and under the radar for most healthcare leaders. We initiated the research under the assumption that executives in healthcare are reluctant to share employment reference information about staff beyond the employee's name, dates of employment, and position held. We believed executives take this precaution because they fear being sued by the employee for defamation. However, not obtaining the necessary and critical information to hire a competent employee can open the potential employer up to a negligence lawsuit if it hires someone who jeopardizes the safety of patients or staff. Hence, the hiring organization faces a double-edged sword: On one side, it cannot get the critical information on a potential applicant from the previous employer due to a culture of "fear in sharing" information; on the other side, if it unwittingly hires a poor or dangerous applicant who threatens safety, it runs the risk of a negligence lawsuit for failure to ascertain information before the hire. Prior studies demonstrate that the likelihood of a successful defamation lawsuit is low and information sharing of factual incidents is unlikely to result in successful lawsuits. Why, then, are healthcare executives unwilling to provide comprehensive references when they should be aware that sustaining a culture of silence increases the potential for hiring a bad employee and seriously jeopardizes the security and safety of patients, other staff, and the public? This article's primary contribution to the literature is to offer the first nationwide study to empirically test the current levels of employee information sharing among hospitals. It is also the first study to focus exclusively on healthcare. Furthermore, this research considers factors that might influence executives in their willingness to share employee reference information. The study reveals that a culture of silence is pervasive among hospitals. Although many hospital executives are reluctant to share information, they tend to overestimate the likelihood of being sued (successfully or otherwise) by previous employees for defamation. In addition, this study shows that some hospital executives share negative information about former employees but may do so off the record.

The gene patent controversy on Twitter: a case study of Twitter users' responses to the CHEO lawsuit against Long QT gene patents.

PubMed

Du, Li; Kamenova, Kalina; Caulfield, Timothy

2015-08-25

The recent Canadian lawsuit on patent infringement, filed by the Children's Hospital of Eastern Ontario (CHEO), has engendered a significant public debate on whether patenting genes should be legal in Canada. In part, this public debate has involved the use of social networking sites, such as Twitter. This case provides an opportunity to examine how Twitter was used in the context of this gene patent controversy. We collected 310 English-language tweets that contained the keyword "gene patents" by using TOPSY.com and Twitter's built-in search engine. A content analysis of the messages was conducted to establish the users' perspectives on both CHEO's court challenge and the broader controversy over the patenting of human DNA. More specifically, we analyzed the users' demographics, geographic locations, and attitudes toward the CHEO position on gene patents and the patentability of human genes in principle. Our analysis has shown that messages tweeted by news media and health care organizations were re-tweeted most frequently in Twitter discussions regarding both the CHEO patent infringement lawsuit and gene patents in general. 34.8% of tweets were supportive of CHEO, with 52.8% of the supportive tweets suggesting that gene patents contravene patients' rights to health care access. 17.6% of the supportive tweets cited ethical and social concerns against gene patents. Nearly 40% of tweets clearly expressed that human genes should not be patentable, and there were no tweets that presented perspectives favourable toward the patenting of human genes. Access to healthcare and the use of genetic testing were the most important concerns raised by Twitter users in the context of the CHEO case. Our analysis of tweets reveals an expectation that the CHEO lawsuit will provide an opportunity to clear the confusion on gene patents by establishing a legal precedent on the patentability of human genes in Canada. In general, there were no tweets arguing in favour of gene patents. Given the emerging role of social media in framing the public dialogue on these issues, this sentiment could potentially have an impact on the nature and tone of the Canadian policy debate.

Social Class and Social Action: The Middle-Class Bias of Democratic Theory in Education

ERIC Educational Resources Information Center

Schutz, Aaron

2008-01-01

Background: This article examines the emergence of the middle and working classes in America and describes key characteristics of these cultures as they manifest themselves today. It then explores the effects of social class on our conceptions of democracy. Purpose: To help educators understand the relationship between social action strategies and…

78 FR 21044 - Amendment of Class D and Class E Airspace; Reading, PA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-09

...This action amends Class D and Class E Airspace at Reading, PA, as the SHAPP OM navigation aid has been decommissioned, requiring the modification of Standard Instrument Approach Procedures (SIAPs) at Reading Regional/Carl A. Spaatz Field. This action enhances the safety and management of Instrument Flight Rules (IFR) operations at the airport.

78 FR 26243 - Amendment of Class E Airspace; Easton, PA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-05-06

...-0394; Airspace Docket No. 12-AEA-8] Amendment of Class E Airspace; Easton, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E Airspace at Easton, PA, as the... (NPRM) to amend Class E airspace at Easton, PA (78 FR 5152) Docket No. FAA-2012-0394. Interested parties...

76 FR 77383 - Amendment of Class C Airspace; Palm Beach International Airport, FL

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-13

...-0527; Airspace Docket No. 11-AWA-2] Amendment of Class C Airspace; Palm Beach International Airport, FL... action modifies the Palm Beach International Airport, FL, Class C airspace area by raising the floor of Class C airspace over Palm Beach County Park Airport. The FAA is taking this action to enhance safety...

78 FR 6257 - Proposed Amendment of Class C Airspace; Nashville International Airport, TN

Federal Register 2010, 2011, 2012, 2013, 2014

2013-01-30

...-0031; Airspace Docket No. 12-AWA-7] RIN 2120-AA66 Proposed Amendment of Class C Airspace; Nashville... rulemaking (NPRM). SUMMARY: This action proposes to modify the Nashville International Airport, TN, Class C... around an airport that is now permanently closed. The FAA is proposing this action to return the Class C...

Coordinated bird monitoring: Technical recommendations for military lands

USGS Publications Warehouse

Bart, Jonathan; Manning, Ann; Fischer, Richard; Eberly, Chris

2012-01-01

The Department of Defense (DoD) is subject to several rules and regulations establishing responsibilities for monitoring migratory birds. The Sikes Act requires all military installations with significant natural resources to prepare and implement Integrated Natural Resources Management Plans (INRMPs). These plans guide the conservation and long-term management of natural resources on military lands in a manner that is compatible with and sustains the military mission. An INRMP also supports compliance with all legal requirements and guides the military in fulfilling its obligation to be a good steward of public land.The management and conservation of migratory birds is addressed in installation INRMPs. The National Environmental Policy Act (NEPA) requires federal agencies to evaluate and disclose the potential environmental impacts of their proposed actions. More recently, DoD signed an MOU (http://www.dodpif.org/downloads/EO13186_MOU-DoD.pdf) for migratory birds, under Executive Order 13186, with the US Fish and Wildlife Service (USFWS) in July 2006 and a Migratory Bird Rule (http://www.dodpif.org/downloads/MigBirdFINALRule_FRFeb2007.pdf) was passed by Congress in February 2007. The Migratory Bird Rule addresses the potential impacts of military readiness activities on populations of migratory birds and establishes a process to implement conservation measures if and when a military readiness activity is expected to have a significant adverse impact on a population of migratory bird species (as determined through the NEPA process). The MOU states that for nonmilitary readiness activities, prior to initiating any activity likely to affect populations of migratory birds DoD shall (1) identify the migratory bird species likely to occur in the area of the proposed action and determine if any species of concern could be affected by the activity, and (2) assess and document, using NEPA when applicable, the effect of the proposed action on species of concern. By following these procedures, DoD will minimize the possibility for a proposed action to unintentionally take migratory birds at a level that would violate any of the migratory bird treaties and potentially impact mission activities. In addition, implementing conservation and monitoring programs for migratory birds supports the ecosystem integrity necessary to sustain DoD's natural resources for the military mission.Non-compliance with the procedural requirements of the MBTA could result in a private party lawsuit under the Administrative Procedures Act (APA). A lawsuit filed under APA involving a Navy bombing range is the basis for a court ruling that unintentional take of migratory birds applies to federal actions. Ensuring the necessary data is available to adequately assess impacts of a proposed action will help avoid lawsuits or help ensure such lawsuits have no grounds. The data gathered in a bird monitoring program will provide the best scientific data available to assess the expected impacts of a proposed action on migratory bird species through the NEPA process. This report presents recommendations developed by the U.S. Geological Survey (USGS) for the Department of Defense (DoD) on establishing a "Coordinated Bird Monitoring (CBM) Plan." The CBM Plan is intended to ensure that DoD meets its conservation and regulatory responsibilities for monitoring birds (Chapter 1). The report relies heavily on recommendations in the report, "Opportunities for improving avian monitoring" (http://www.nabci-us.org/aboutnabci/monitoringreportfinal0307.pdf), by the U.S. North American Bird Conservation Initiative (U.S. NABCI Monitoring Subcommittee, 2007) and on a review of 358 current DoD bird monitoring programs carried out as part of this project (Chapter 2). This report contains 12 recommendations which, if followed, would result in a comprehensive, efficient, and useful approach to bird monitoring. The recommendations are based on the entire report but are presented together at the end of Chapter 1. DoD has agreed to consider implementing these recommendations; however, final decisions will be based upon such factors as the availability of resources and military mission considerations. These recommendations from USGS can be summarized into 6 major themes: A major report on monitoring was released in 2007 by the U.S. North American Bird Conservation Initiative (http://www.nabci-us.org/main2.html). DoD can be consistent with this report by establishing policy that monitoring will be explicitly acknowledged as an integral element of bird management and conservation (Recommendation 1). The design of monitoring and assessment programs for birds should include the following steps: Preparation of a document describing the program's goals, objectives, and methods similar to a format we provide (Recommendation 2, Chapter 4). Selection of field methods using an "expert system" developed in this project (Recommendation 3, Chapter 5) or another well-documented system. Preparation and storage of metadata describing the monitoring program in the Natural Resources Monitoring Partnership (NRMP), and other appropriate databases Recommendation 4, Chapter 6). Entry of the survey data using eBird (http://ebird.org/content/dod) or the Coordinated Bird Monitoring Database (CBMD) and long-term storage of the data in the CBMD and the Avian Knowledge Network (AKN; Recommendation 5, Chapter 6; http://www.avianknowledge.net/). Submission of major results from the monitoring program for publication in a peer reviewed journal (Recommendation 6). The DoD Legacy Resource Management Program (Legacy; https://www.dodlegacy.org), Environmental Security Technology Certification Program (ESTCP; http://www.serdp.org/), and Strategic Environmental Research and Development Program (SERDP; http://www.serdp.org/) should be encouraged to continue their significant contributions to the foundations of bird monitoring (Recommendation 7, Chapters 1 and 3). Appropriate monitoring should be conducted to identify species of concern on installations. A year-round, one-time survey of birds on installations with habitat for migratory birds would provide the most information to assist compliance with the MOU, the Final Rule, and the NEPA analyses of proposed actions. However, less intensive survey efforts can still be conducted to yield useful information. We describe how various levels of survey effort might be organized and conducted. In addition, continuing surveys, as feasible, would further assist in documenting effects of military readiness and non-readiness activities on species of concern (SOC) (Recommendation 8, Chapter 7). Participation in well-designed, large-scale surveys [(e.g., North American Breeding Bird Survey (BBS; http://www.pwrc.usgs.gov/bbs/), Monitoring Avian Productivity and Survivorship (MAPS; http://www.birdpop.org/maps.htm)] on land that DoD manages or on lands where the results will be of high interest to DoD, will provide DoD and other NABCI members with information important to bird conservation (Recommendation 9, Chapter 8). Review and implementation of the CBM Plan should involve both higher level management and installation-level natural resources managers (Recommendation 11), be implemented through cooperative partnerships (Recommendation 12), and be followed on U.S territory lands and Army Corps of Engineers projects (Recommendation 10).Additional recommendations that pertain to implementing the DoD CBM Plan are discussed in Chapter 9.

General Motors sued for 'denigrating' Einstein's image

NASA Astrophysics Data System (ADS)

Gwynne, Peter

2010-07-01

The US car giant General Motors (GM) has played down the consequences of a lawsuit against it for using the likeness of Albert Einstein in an advertisement for its Terrain sports utility vehicle (SUV).

What to Expect If Your Legislature Orders Literacy Testing

ERIC Educational Resources Information Center

Van Til, William

1978-01-01

Based on the Florida experience, one should expect, among other things, new problems for minority students, lawsuits against the tests, calls for tests of teachers, and scapegoating and blaming. (Author/IRT)

Winning against big tobacco. Let's take the time to get it right.

PubMed Central

Humphrey, H H

1997-01-01

Three years ago, the state of Minnesota became the second state to sue the tobacco industry for wrongdoing and the first to charge consumer fraud and conspiracy. Together with our co-plaintiff, Blue Cross/Blue Shield of Minnesota, we filed a lawsuit against the six major U.S. cigarette manufacturers, two tobacco trade organizations, and British American Tobacco Industries (BAT), the parent company of Brown and Williamson. Specifically, the lawsuit alleges that the industry defrauded consumers and engaged in false advertising, deceptive practices, and anti-trust violations, including conspiracy to stifle development of safer cigarettes and to conceal information on smoking and health. Many later-filing states patterned complaints after Minnesota's, and virtually all have incorporated some or all of the claims first pled in the Minnesota complaint. Images p379-a p384-a PMID:9323388

What emergency physicians should know about informed consent: legal scenarios, cases, and caveats.

PubMed

Moore, Gregory P; Moffett, Peter M; Fider, Cyril; Moore, Malia J

2014-08-01

The basic concept of obtaining informed consent is familiar to emergency physicians, and many consider themselves well versed on the topic; however, lack of obtaining proper informed consent is a frequent source of lawsuits. The legal definitions and nuances of informed consent might surprise even the most experienced physician. This article will detail the historical legal evolution of the concept of informed consent. It will also report defining and recent court cases that illustrate the current medical-legal status of informed consent. Special scenarios, caveats, and documentation recommendations are discussed. After reading this article the emergency physician will know how to practice and document the appropriate aspects of informed consent in emergency medicine, as well as understand available legal defenses if a lawsuit should arise. © 2014 by the Society for Academic Emergency Medicine.

Failure to Obtain Computed Tomography Imaging in Head Trauma: A Review of Relevant Case Law.

PubMed

Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T

2015-12-01

The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.

A Multi-Institution Study on the Effectiveness of ClassAction to Promote Student Understanding in Astro 101

NASA Astrophysics Data System (ADS)

Lee, Kevin M.; French, R. S.; Hands, D. R.; Loranz, D. R.; Martino, D.; Rudolph, A. L.; Wysong, J.; Young, T. S.; Prather, E. E.; CATS

2010-01-01

ClassAction is a computer database of materials designed to enhance the conceptual understanding and reasoning abilities of Astro 101 students by promoting interactive engagement and providing rapid feedback. The main focus is dynamic conceptual questions largely based upon graphics that can be projected in the classroom. Instructors have the capability to select, order, and recast these questions into alternate permutations based on their own preferences and student responses. Instructors may also provide feedback through extensive resources including outlines, graphics, and simulations. The Light and Spectroscopy Concept Inventory (LSCI) is a multiple-choice assessment instrument which focuses on the electromagnetic spectrum, Doppler shift, Wien's Law, Stefan-Boltzmann Law, and Kirchhoff's Laws. Illustrative examples of how these concepts are targeted by the questions and resources of the ClassAction module are shown. ClassAction materials covering light and spectra concepts were utilized in multiple classrooms at 6 different institutions and the LSCI was delivered as a pretest and posttest to measure the gains in student understanding. A comparison of the gains achieved in these classes will be made against the national LSCI data. We will report on our investigation into correlations between gain and the extent of ClassAction usage. ClassAction materials are publicly available at http://astro.unl.edu. We would like to thank the NSF for funding under Grant Nos. 0404988 and 0715517, a CCLI Phase III Grant for the Collaboration of Astronomy Teaching Scholars (CATS) Program.

7 CFR 3407.5 - Classes of action.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Classes of action. 3407.5 Section 3407.5 Agriculture Regulations of the Department of Agriculture (Continued) COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE, DEPARTMENT OF AGRICULTURE IMPLEMENTATION OF NATIONAL ENVIRONMENTAL POLICY ACT § 3407.5 Classes of...

75 FR 12678 - Revision of Class E Airspace; Dillingham, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-17

... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2009-1055; Airspace Docket No. 09-AAL-16] Revision of Class E Airspace; Dillingham, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at...

78 FR 48298 - Amendment of Class E Airspace; Commerce, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-08

...-0269; Airspace Docket No. 13-ASW-3] Amendment of Class E Airspace; Commerce, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at Commerce, TX. Additional controlled airspace is necessary to accommodate new Area Navigation (RNAV...

75 FR 30295 - Amendment of Class E Airspace; Hoquiam, WA

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-01

... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2009-1063; Airspace Docket No. 09-ANM-22] Amendment of Class E Airspace; Hoquiam, WA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will amend existing Class E...

76 FR 14800 - Establishment of Class E Airspace; Wolfeboro, NH

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-18

... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2010-1007; Airspace Docket No. 10-ANE-109] Establishment of Class E Airspace; Wolfeboro, NH AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class E Airspace...

75 FR 12975 - Establishment of Class E Airspace; Battle Mountain, NV

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-18

... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2009-1057; Airspace Docket No. 09-AWP-9] Establishment of Class E Airspace; Battle Mountain, NV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class...

76 FR 44285 - Proposed Amendment of Class E Airspace; Fayette, AL

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-25

... Class E Airspace; Fayette, AL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E Airspace at Fayette, AL, as the... at Richard Arthur Field, Fayette, AL. Airspace reconfiguration is necessary due to the...

78 FR 48078 - Proposed Amendment of Class E Airspace; Tazewell, TN

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-07

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E Airspace at Tazewell, TN, as new Standard Instrument Approach Procedures have been developed at New Tazewell Municipal Airport. This action would enhance the safety and...

76 FR 79563 - Proposed Amendment of Class E Airspace; Sheridan, WY

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-22

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Sheridan County Airport, Sheridan, WY. Decommissioning of the Sheridan Tactical Air Navigation System (TACAN) has made this action necessary for the safety and...

77 FR 75596 - Proposed Amendment of Class E Airspace; Morrisville, VT

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-21

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E Airspace at Morrisville, VT, as the Morrisville-Stowe Non-Directional... developed at Morrisville-Stowe State Airport. This action would enhance the safety and airspace management...

78 FR 52717 - Proposed Modification of Class E Airspace; Prineville, OR

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-26

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to modify Class E airspace at Prineville, OR, to accommodate aircraft using Area... proposing this action to enhance the safety and management of aircraft operations at the airport. DATES...

77 FR 75597 - Proposed Establishment of Class E Airspace; Wilbur, WA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-21

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E airspace at Wilbur Airport, Wilbur, WA. Controlled airspace is...) standard instrument approach procedures at Wilbur Airport, Wilbur, WA. The FAA is proposing this action to...

77 FR 56586 - Proposed Amendment of Class E Airspace; Gaylord, MI

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-13

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Gaylord, MI. Additional controlled airspace is necessary to accommodate new Standard Instrument Approach Procedures (SIAP) at Gaylord Regional Airport. Also, this action...

78 FR 40078 - Proposed Establishment of Class E Airspace; Cody, WY

Federal Register 2010, 2011, 2012, 2013, 2014

2013-07-03

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E airspace at the Cody VHF Omni-Directional Radio Range/Distance... proposing this action to enhance the safety and management of aircraft operations within the National...

77 FR 49400 - Proposed Amendment of Class E Airspace; Marysville, OH

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-16

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Marysville, OH. Additional controlled airspace is necessary... taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for...

The need for tort reform as part of health care reform.

PubMed

Thornton, Tiffany; Saha, Subrata

2008-01-01

There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

Borderline personality disorder and related traits in forensic psychiatry.

PubMed

Reid, William H

2009-05-01

Persons with borderline personality disorder (BPD) and related traits appear in many forensic psychiatry settings. Their clinical hallmarks affecting judgment, insight, impulsivity, motivations, and regulation of emotions, as well as their frequently chaotic lives (internal and external), inaccurate perceptions, rationalizations, and comorbid syndromes can have a marked effect on many civil, criminal, and institutional (eg, corrections) issues. Individuals with BPD are overrepresented in civil, criminal, and child custody forensic situations. The character psychopathology of these individuals is substantial, but is often not obvious to laypersons, including lawyers, judges, and jurors. The presence of BPD rarely affects basic responsibility for the person's actions, nor does it usually compromise most forms of competency. Function, not diagnosis, is the key arbiter of forensic relevance. BPD is associated with an increase in the likelihood of doctor-patient problems, including patient complaints and lawsuits that may not be deserved. Forensic professionals evaluating persons with BPD and related traits should be aware of personal and professional bias, particularly that associated with true countertransference.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

PubMed

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

76 FR 3571 - Proposed Establishment of Class E Airspace; Kahului, HI

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-20

...-1233; Airspace Docket No. 10-AWP-21] Proposed Establishment of Class E Airspace; Kahului, HI AGENCY... action proposes to establish Class E airspace at Kahului Airport, Kahului, HI. Controlled airspace is... procedures at Kahului Airport, Kahului, HI. The FAA is proposing this action to enhance the safety and...

76 FR 53356 - Proposed Amendment of Class E Airspace; Greenfield, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-26

...-0846; Airspace Docket No. 11-ACE-18] Proposed Amendment of Class E Airspace; Greenfield, IA AGENCY... action proposes to amend Class E airspace at Greenfield, IA. Decommissioning of the Greenfield non-directional beacon (NDB) at Greenfield Municipal Airport, Greenfield, IA, has made this action necessary for...

77 FR 45987 - Proposed Amendment of Class E Airspace; Guthrie, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-08-02

...-1436; Airspace Docket No. 11-ACE-29] Proposed Amendment of Class E Airspace; Guthrie, IA AGENCY... action proposes to amend Class E airspace at Guthrie, IA. Decommissioning of the Guthrie Center non-directional radio beacon (NDB) at Guthrie County Regional Airport, Guthrie, IA, has made this action necessary...

76 FR 56127 - Proposed Amendment of Class E Airspace; Mercury, NV

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-12

...-0894; Airspace Docket No. 11-AWP-14] Proposed Amendment of Class E Airspace; Mercury, NV AGENCY... action proposes to amend Class E airspace at Mercury, Desert Rock Airport, Mercury, NV. Decommissioning of the Mercury Non- Directional Beacon (NDB) at Mercury, Desert Rock Airport has made this action...

76 FR 18378 - Amendment of Class E Airspace; Taylor, AZ

Federal Register 2010, 2011, 2012, 2013, 2014

2011-04-04

...-1189; Airspace Docket No. 10-AWP-19] Amendment of Class E Airspace; Taylor, AZ AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will amend Class E airspace at Taylor Airport, Taylor, AZ, to accommodate aircraft using the CAMBO One Departure, and the Area Navigation (RNAV...

Class Action Aspects of Federal Employment Discrimination Litigation

ERIC Educational Resources Information Center

Bickel, Robert D.; Vandercreek, William

1974-01-01

Overviews Rule 23 (Federal Rules of Civil Procedure) governing class actions in the federal courts and analyzes the issues raised in class determinations for employment discrimination suits under Title VII (Civil Rights Act 1964). Discusses damage claim immunity for public institutions and limitations on evidence offered to prove discrimination.…

76 FR 28685 - Proposed Amendment of Class E Airspace; Hannibal, MO

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-18

...-0046; Airspace Docket No. 11-ACE-1] Proposed Amendment of Class E Airspace; Hannibal, MO AGENCY... action proposes to amend Class E airspace at Hannibal, MO. Decommissioning of the Hannibal non-directional beacon (NDB) at Hannibal Regional Airport, Hannibal, MO, has made this action necessary for the...

77 FR 16783 - Proposed Amendment of Class E Airspace; Orlando, FL

Federal Register 2010, 2011, 2012, 2013, 2014

2012-03-22

...-0503; Airspace Docket No. 11-ASO-19] Proposed Amendment of Class E Airspace; Orlando, FL AGENCY... action proposes to amend Class E Airspace at Orlando, FL, as new Standard Instrument Approach Procedures have been developed at Orlando Executive Airport. This action would enhance the safety and airspace...

76 FR 30299 - Proposed Establishment of Class E Airspace; Kayenta, AZ

Federal Register 2010, 2011, 2012, 2013, 2014

2011-05-25

...-0393; Airspace Docket No. 11-AWP-2] Proposed Establishment of Class E Airspace; Kayenta, AZ AGENCY... action proposes to establish Class E Airspace at Kayenta Airport, Kayenta, AZ. Controlled airspace is...) standard instrument approach procedures at Kayenta Airport. The FAA is proposing this action to enhance the...

In Search of Good Counsel.

ERIC Educational Resources Information Center

Tanner-Otts, Virginia

1995-01-01

School attorneys interpret state and federal laws, head off expensive lawsuits, and defend their districts aggressively in court. Offers advice on how to find and keep a good attorney. Contains a sample advertisement for the position. (MLF)

Clearinghouse.

ERIC Educational Resources Information Center

Joyce, Robert P., Ed.

1992-01-01

Summarizes court cases and opinions affecting North Carolina schools. Cases involve supervision of desegregating districts; sexual harassment charges; employee dismissal; constitutionality of a African-American-only scholarship program; contract renewals for community college employees; equal pay, sex, and racial discrimination lawsuits; air…

Naming Action in Japanese: Effects of Semantic Similarity and Grammatical Class

ERIC Educational Resources Information Center

Iwasaki, Noriko; Vinson, David P.; Vigliocco, Gabriella; Watanabe, Masumi; Arciuli, Joanne

2008-01-01

This study investigated whether the semantic similarity and grammatical class of distracter words affects the naming of pictured actions (verbs) in Japanese. Three experiments used the picture-word interference paradigm with participants naming picturable actions while ignoring distracters. In all three experiments, we manipulated the semantic…

78 FR 48081 - Proposed Establishment of Class E Airspace; McConnellsburg, PA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-07

... AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E Airspace at McConnellsburg, PA, to accommodate a new Area...) serving Fulton County Medical Center Heliport. This action would enhance the safety and airspace...

78 FR 48841 - Proposed Amendment of Class E Airspace; Kankakee, IL

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-12

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Kankakee, IL. Additional controlled airspace is necessary to... taking this action to enhance the safety and management of Instrument Flight Rules (IFR) operations for...

78 FR 14031 - Proposed Amendment of Class D Airspace; El Monte, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2013-03-04

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class D Airspace at El Monte Airport, El Monte, CA. This action, initiated by... particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically...

77 FR 33687 - Proposed Establishment of Class E Airspace; Fort Morgan, CO

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-07

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class E airspace at Fort Morgan, CO. Controlled airspace is necessary to... approach procedure at Fort Morgan Municipal Airport, Fort Morgan, CO. The FAA is proposing this action to...

77 FR 56796 - Proposed Amendment of Class E Airspace; Sault Ste Marie, ON

Federal Register 2010, 2011, 2012, 2013, 2014

2012-09-14

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Sault Ste Marie, ON. Changes to controlled airspace are... action to enhance the safety and management of Instrument Flight Rules (IFR) operations at the airport...

76 FR 38582 - Proposed Amendment of Class E Airspace; Clemson, SC

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-01

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E Airspace at Clemson, SC, as a runway extension requires amended Standard Instrument Approach Procedures at Oconee County Regional Airport. This action would enhance the safety and...

Assessing a New Approach to Class-Based Affirmative Action

ERIC Educational Resources Information Center

Gaertner, Matthew N.

2011-01-01

In November, 2008, Colorado and Nebraska voted on amendments that sought to end race-based affirmative action at public universities. In anticipation of the vote, Colorado's flagship public institution--The University of Colorado at Boulder (CU)--explored statistical approaches to support class-based affirmative action. This paper details CU's…

75 FR 42 - Establishment of Class E Airspace; Spencer, WV

Federal Register 2010, 2011, 2012, 2013, 2014

2010-01-04

... Aviation Administration (FAA), DOT. ACTION: Direct final rule; confirmation of effective date. SUMMARY: This action confirms the effective date of a direct final rule published in the Federal Register that establishes Class E Airspace at Spencer, WV. This action enhances the safety and airspace management of Boggs...

Assessing a New Approach to Class-Based Affirmative Action

ERIC Educational Resources Information Center

Gaertner, Matthew Newman

2011-01-01

In November, 2008, Colorado and Nebraska voted on amendments that sought to end race-based affirmative action at public universities in those states. In anticipation of the vote, the University of Colorado at Boulder (CU) explored statistical approaches to support class-based (i.e., socioeconomic) affirmative action. This dissertation introduces…

78 FR 48291 - Amendment of Class D Airspace; Columbus, Rickenbacker International Airport, OH

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-08

... Airport, OH AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class D airspace at Rickenbacker International Airport, Columbus, OH. Changes to the airspace description are necessary due to the closure of South Columbus Airport. The FAA is taking this action to...

75 FR 6595 - Proposed Amendment of Class E Airspace; Mapleton, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-10

...-1155; Airspace Docket No. 09-ACE-14] Proposed Amendment of Class E Airspace; Mapleton, IA AGENCY... action proposes to amend Class E airspace at Mapleton, IA. Additional controlled airspace is necessary to..., Mapleton, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules...

75 FR 6592 - Proposed Amendment of Class E Airspace; Emmetsburg, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-10

...-1153; Airspace Docket No. 09-ACE-13] Proposed Amendment of Class E Airspace; Emmetsburg, IA AGENCY... action proposes to amend Class E airspace at Emmetsburg, IA. Additional controlled airspace is necessary..., Emmetsburg, IA. The FAA is taking this action to enhance the safety and management of Instrument Flight Rules...

76 FR 53353 - Proposed Amendment of Class E Airspace; Carroll, IA

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-26

...-0845; Airspace Docket No. 11-ACE-19] Proposed Amendment of Class E Airspace; Carroll, IA AGENCY... action proposes to amend Class E airspace at Carroll, IA. Decommissioning of the Carroll non-directional beacon (NDB) at Arthur N. Neu Airport, Carroll, IA, has made this action necessary for the safety and...

77 FR 11796 - Proposed Amendment of Class E Airspace; Rock Springs, WY

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-28

...-0131; Airspace Docket No. 12-ANM-2 Proposed Amendment of Class E Airspace; Rock Springs, WY AGENCY... action proposes to amend Class E airspace at Rock Springs-Sweetwater County Airport, Rock Springs, WY. Decommissioning of the Rock Springs Tactical Air Navigation System (TACAN) has made this action necessary for the...

76 FR 35369 - Proposed Establishment of Class D and Amendment of Class E Airspace; Los Angeles, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-17

... Angeles International Airport. The FAA is proposing this action to enhance the safety and management of... rulemaking (NPRM). SUMMARY: This action proposes to establish Class D airspace at Los Angeles International... be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and...

The Back Pay Remedy in Title VII Class Actions: Problems of Procedure

ERIC Educational Resources Information Center

Edwards, Charles A.

1974-01-01

The class action for back pay has developed as a significant factor in employment discrimination litigation under Title VII of the Civil Rights Act of 1964. Problems of demonstrating each class member's entitlement are examined and a bifurcated trial procedure is proposed as a method for handling such cases. (JT)

78 FR 63380 - Amendment of Class E Airspace; St. George, UT

Federal Register 2010, 2011, 2012, 2013, 2014

2013-10-24

...-0600; Airspace Docket No. 13-ANM-18] Amendment of Class E Airspace; St. George, UT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace at St. George Municipal Airport, St. George, UT, by removing the operating hours established by a Notice to...

75 FR 66300 - Amendment of Class E Airspace; Searcy, AR

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-28

...-1182; Airspace Docket No. 09-ASW-37] Amendment of Class E Airspace; Searcy, AR AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Searcy, AR. Decommissioning of the Searcy non-directional beacon (NDB) at Searcy Municipal Airport, Searcy, AR, has made this...

75 FR 29654 - Amendment of Class E Airspace; Manila, AR

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-27

...-1184; Airspace Docket No. 09-ASW-39] Amendment of Class E Airspace; Manila, AR AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class E airspace for Manila, AR. Decommissioning of the Manila non-directional beacon (NDB) at Manila Municipal Airport, Manila, AR has made this...

75 FR 6594 - Proposed Amendment of Class E Airspace; Osceola, AR

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-10

...-1183; Airspace Docket No. 09-ASW-38] Proposed Amendment of Class E Airspace; Osceola, AR AGENCY... action proposes to amend Class E airspace at Osceola, AR. Decommissioning of the Osceola non-directional beacon (NDB) at Osceola Municipal Airport, Osceola, AR, has made this action necessary for the safety and...

75 FR 62458 - Revision of Class E Airspace; Tanana, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-12

...-0588 Airspace Docket No. 10-AAL-16] Revision of Class E Airspace; Tanana, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Tanana, AK. The... West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850...

77 FR 5 - Amendment of Class E Airspace; Kipnuk, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-03

...-0866; Airspace Docket No. 11-AAL-15] Amendment of Class E Airspace; Kipnuk, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at Kipnuk, AK. The... a notice of proposed rulemaking (NPRM) to amend controlled airspace at Kipnuk, AK (76 FR 54149...

76 FR 66178 - Revision of Class E Airspace; Umiat, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-26

...-0750; Airspace Docket No. 11-AAL-08] Revision of Class E Airspace; Umiat, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Umiat, AK, due to...-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone...

75 FR 32271 - Revision of Class E Airspace; Nenana, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-08

...-0081; Airspace Docket No. 10-AAL-3] Revision of Class E Airspace; Nenana, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Nenana, AK, to..., Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number...

75 FR 12679 - Revision of Class E Airspace; Iliamna, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-17

...-1036; Airspace Docket No. 09-AAL-17] Revision of Class E Airspace; Iliamna, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Iliamna, AK, to..., Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number...

75 FR 32272 - Revision of Class E Airspace; Kaltag, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-08

...-0082; Airspace Docket No. 10-AAL-4] Revision of Class E Airspace; Kaltag, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Kaltag, AK, to..., Anchorage, AK 99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: [email protected

75 FR 33165 - Revision of Class E Airspace; Galena, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-11

...-0299; Airspace Docket No. 10-AAL-9] Revision of Class E Airspace; Galena, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final Rule. SUMMARY: This action revises Class E airspace at Galena, AK, to...-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone...

76 FR 53049 - Amendment of Class E Airspace; Shelby, MT

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-25

...-0536; Airspace Docket No. 11-ANM-13] Amendment of Class E Airspace; Shelby, MT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class E airspace at Shelby, MT, to... E airspace designations are published in paragraph 6005 of FAA Order 7400.9U dated August 18, 2010...

76 FR 64041 - Proposed Amendment of Class E Airspace; Show Low, AZ

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-17

...-1023; Airspace Docket No. 11-AWP-15] Proposed Amendment of Class E Airspace; Show Low, AZ AGENCY... action proposes to modify Class E airspace at Show Low Regional Airport, Show Low, AZ. Controlled...) standard instrument approach procedures at Show Low Regional Airport. The FAA is proposing this action to...

76 FR 34983 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-15

... lawsuits filed by WildEarth Guardians, National Parks Conservation Association, and the Environmental... Colorado: WildEarth Guardians, et al. v. Jackson, No. 1:11-cv-0001-CMA-MEH (D. CO) and consolidated case...

Medical Advice from Lawyers: A Content Analysis of Advertising for Drug Injury Lawsuits.

PubMed

Tippett, Elizabeth

2015-01-01

This study examined the medical information contained in a sample of television ads soliciting consumers for lawsuits against drug and medical device manufactures. Almost all such ads involved drugs or devices that have not been recalled and remain on the market. These ads raise important public health questions because they may influence the prospective medical decisions of viewers. The ads contained extensive descriptions of serious adverse events associated with the drugs or devices but almost uniformly failed to disclose information relating to the likelihood of such events. They also failed to effectively advise viewers to consult a doctor. Results also identified a subset of ads that mimicked public service announcements, claiming to be. a "medical alert" "consumer alert" or "FDA warning" at the start of the ad. Most such ads did not disclose the attorney source of the advertising until the final few seconds.

Medicolegal hell in Texas.

PubMed Central

Korcok, M

1995-01-01

In the ¿war zones¿ of Texas, lawyers use billboards, television commercials and Yellow Page advertisements to announce their availability to help the ¿unjustly injured,¿ and medicolegal lawsuits are as common as the rain that sweeps in from the nearby Gulf of Mexico. Almost 75% of the suits are dismissed without award or settlement, since many are plainly frivolous. However, even these can mean torment for physicians, who have to hire lawyers, answer charges, collect paperwork, take time off work for depositions and consultations, and then worry about how insurers will react the next time premiums are due--even if they are cleared. Texas estimates that defensive medicine practised because of legal fears costs the state at least $702 million annually, spending that is bound to continue as long as one lawsuit is filed annually for every 5.3 doctors in the state. PMID:7553498

Realities of biomedical product liability suits and the role of junk science: from breast implants to TASER weapons.

PubMed

Kroll, Mark

2012-01-01

In the summer of 2006, manufacturers of a simple respirator mask costing US$1 told the U.S. Congress that Americans would find a shortage of these masks if there was another flu pandemic. The reason for this was that suing the makers of these dust masks became a major business for trial lawyers. By 2006, there had been more than 326,000 lawsuits filed. It has been reported in many cases that the law firms worked with cooperative physicians and contracted with X-ray labs to screen individuals for lung problems. If an individual had an abnormal lung X-ray and claimed that they had used a certain brand of respirator and the manufacturer was still in business and had economic resourcesa lawsuit was filed. Some manufacturers went out of business while others simply stopped making the masks.

Plumbing noise in multifamily dwellings: 50 years and counting

NASA Astrophysics Data System (ADS)

Loverde, John J.; Dong, David W.

2005-09-01

Historically, plumbing sound was only of concern in luxury buildings and plumbing noise was rarely addressed explicitly in building codes or design guidelines. The last couple of decades have seen marked increases in population density, occupant expectations and sensitivity to noise, and the number of noise-related lawsuits. These demographic factors have considerably increased the importance of adequately addressing plumbing noise in multifamily projects, as shown by the increasing number of published guidelines (such as in the latest ASHRAE Handbook). Over the course of our firm's history, we have attempted to determine the relationship between the sound level from plumbing systems and the acceptability to the occupants. Our current criteria for plumbing noise and the reasoning behind them is discussed, including test cases and lawsuits, as well as the materials and methods available to meet those criteria, and their impact on the design of multifamily projects.

Troubleshooting Costs

NASA Astrophysics Data System (ADS)

Kornacki, Jeffrey L.

Seventy-six million cases of foodborne disease occur each year in the United States alone. Medical and lost productivity costs of the most common pathogens are estimated to be 5.6-9.4 billion. Product recalls, whether from foodborne illness or spoilage, result in added costs to manufacturers in a variety of ways. These may include expenses associated with lawsuits from real or allegedly stricken individuals and lawsuits from shorted customers. Other costs include those associated with efforts involved in finding the source of the contamination and eliminating it and include time when lines are shut down and therefore non-productive, additional non-routine testing, consultant fees, time and personnel required to overhaul the entire food safety system, lost market share to competitors, and the cost associated with redesign of the factory and redesign or acquisition of more hygienic equipment. The cost associated with an effective quality assurance plan is well worth the effort to prevent the situations described.

Will my malpractice case be settled? The physician-defendant's voice in the decision.

PubMed

Archambault, William H

2007-05-01

Malpractice claims are an unavoidable part of the practice of clinical medicine. Physicians purchase professional liability insurance to protect themselves from financial and other adverse consequences of such claims. Insurance policies require the insurer to hire attorneys to represent, defend and advise physicians who are named as defendants in medical malpractice lawsuits. Insurance policies require insurers to pay the costs associated with defending the lawsuit and paying, within policy limits, any damages for which a physician is determined to be liable. The relationship between insurer, defense counsel and physician can be complicated by divergent interests, concerns and priorities. It is important for physicians to be knowledgeable consumers when they are in the market for malpractice coverage. Familiarity with types of coverage, controls placed on defense costs and policy terms that determine decision-making authority on settlement issues are essential to making an informed purchase of insurance coverage.

An Analysis of “Natural” Food Litigation to Build a Sesame Allergy Consumer Class Action.

PubMed

Shaker, Dana

In a world where food allergy is still an incurable disease, law and regulation stand as necessary mechanisms to provide food-allergic consumers with the information they need to protect their health. The Food Allergen Labeling and Consumer Protection Act of 2004 provided specific labeling requirements for the “Top Eight” allergens in the U.S.: milk, soy, gluten, egg, tree nut, peanut, fish, and Crustacean shellfish. Since then, sesame has become more prevalent as an allergen and remains just as dangerous, inducing anaphylactic shock in some sesame-allergic individuals. Yet sesame remains unregulated, despite advocates and congressional members arguing for its inclusion. This note entertains one solution to this problem by exploring the most strategic way to bring a sesame allergy class action against a private food company under California’s consumer protection statutes. Because this kind of class action does not have much, if any, precedent, this note analyzes the basic, preliminary issues that any litigant would have to navigate around to certify a class, including preemption, standing, and the claim itself, by focusing on how courts have examined these issues in the recent “natural” class action litigation. It also analyzes the legal, moral, and practical aspects of choosing a type of relief, as well as whom to include in the class. Finally, this note briefly considers how FDA itself can ensure sesame is regulated on the labels of food products, given that some of the legal issues may well be insurmountable for this particular class action. This note explores the potential solutions to difficult legal hurdles in constructing a sesame allergy class action, arguing that litigating a sesame allergy class action—even if it is not ultimately successful—could start a productive conversation that might lead Congress or FDA to provide greater public health and consumer protection for those with sesame allergy.

10 CFR 1021.400 - Level of NEPA review.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Level of NEPA review. 1021.400 Section 1021.400 Energy... Classes of Actions § 1021.400 Level of NEPA review. (a) This subpart identifies DOE actions that normally... proceed with the level of NEPA review indicated for that class of actions, unless there are extraordinary...

Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents.

PubMed

Park, Bo Young; Kwon, Jungwoo; Kang, So Ra; Hong, Seung Eun

2016-09-01

In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

Aid-in-dying laws and the physician's duty to inform.

PubMed

Buchbinder, Mara

2017-10-01

On 19 July 2016, three medical organisations filed a federal lawsuit against representatives from several Vermont agencies over the Patient Choice and Control at End of Life Act. The law is similar to aid-in-dying (AID) laws in four other US states, but the lawsuit hinges on a distinctive aspect of Vermont's law pertaining to patients' rights to information. The lawsuit raises questions about whether, and under what circumstances, there is an ethical obligation to inform terminally ill patients about AID as an end-of-life option. Much of the literature on clinical communication about AID addresses how physicians should respond to patient requests for assisted dying, but neglects the question of how physicians should approach patients who may not know enough about AID to request it. In this article, I examine the possibility of an affirmative duty to inform terminally ill patients about AID in light of ethical concerns about professional responsibilities to patients and the maintenance of the patient-provider relationship. I suggest that we should not take for granted that communication about AID ought to be patient-initiated, and that there may be circumstances in which physicians have good reasons to introduce the topic themselves. By identifying ethical considerations that ought to inform such discussions, I aim to set an agenda for future bioethical research that adopts a broader perspective on clinical communication about AID. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

75 FR 64972 - Proposed Revocation of Class E Airspace; Lone Star, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2010-10-21

...-0772; Airspace Docket No. 10-ASW-10] Proposed Revocation of Class E Airspace; Lone Star, TX AGENCY... action proposes to remove Class E airspace at Lone Star, TX. Abandonment of the former Lone Star Steel... need for controlled airspace in the Lone Star, TX, area. The FAA is taking this action to ensure the...

75 FR 26151 - Proposed Revision of Class E Airspace; Kulik Lake, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-11

...-0270 Airspace Docket No. 10-AAL-8] Proposed Revision of Class E Airspace; Kulik Lake, AK AGENCY... action proposes to revise Class E airspace at Kulik Lake, AK. This action would correct an error in the... Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf...

77 FR 35617 - Amendment of Class C Airspace; Colorado Springs, CO

Federal Register 2010, 2011, 2012, 2013, 2014

2012-06-14

... 44 U.S.C. 1510. #0; #0;The Code of Federal Regulations is sold by the Superintendent of Documents. #0...; Airspace Docket No. 12-AWA-4] Amendment of Class C Airspace; Colorado Springs, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies the Colorado Springs, CO, Class C...

REMOTE SENSING AND MOUNTAINTOP MINING

EPA Science Inventory

Coal mining is Appalachia has undergone dramatic changes in the past decade. Modem mining practices know as Mountaintop Mining (MTM) and Valley Fills (VF) are at the center of an environmental and legal controversy that has spawned lawsuits and major environmental investigations....

Legal Aspects of Program Closure.

ERIC Educational Resources Information Center

Hample, Stephen R.

1982-01-01

Legal issues in program discontinuance and resulting lawsuits are considered, including liability to the faculty, students, and other constituencies; freedom of speech; due process; contractual obligations; legal defense; and consideration of program alternatives. A list of related resources is appended. (MSE)

75 FR 14496 - Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Grizzly Bear...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-03-26

... Service did not adequately consider the impacts of global warming and other factors on whitebark pine nuts... the point where making a change to its status was appropriate. Subsequently, three lawsuits...

77 FR 5518 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-03

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, Case No. 1:11-cv- 02227-WJM-KLM (D. Colo.). Plaintiff filed this suit...

School Law.

ERIC Educational Resources Information Center

Splitt, David A.

1987-01-01

Summarizes a variety of religious issues before United States courts, including two religion-in-the-schools cases in New Jersey and Georgia and two New York cases involving public assistance of private schools. Discusses a wrongful death lawsuit in Connecticut concerning a teenage suicide. (MLH)

From Risk to Opportunity. How Insurers Can Proactively and Profitably Manage Climate Change

DOE Office of Scientific and Technical Information (OSTI.GOV)

Mills, E.; Lecomte, E.

2006-08-15

Last year's USD 45 billion of insured losses from Hurricane Katrina was only the latest reminder of why investors and consumers are concerned about the impacts of climate change on the insurance industry. Twelve months after the devastating storm hit New Orleans, insurers and their shareholders are still feeling the ripples. Record insured losses, rating downgrades, coverage pullbacks and class-action lawsuits are just a few of the reverberations that have been felt across the industry. Meanwhile, consumers are feeling the combined sting of price shocks and reduced availability. So serious is the issue that 20 leading investors, representing over $800more » billion in assets, called on the nation's largest insurance companies to disclose their financial exposure from climate change and steps they are taking to reduce those financial impacts. But, while most of the attention is focused on the growing risks, climate change also creates vast business opportunities to be part of the solution to global warming. Just as the industry has historically asserted its leadership to minimize risks from building fires and earthquakes, insurers have a huge opportunity today to develop creative loss-prevention products and services that will reduce climate-related losses for consumers, governments and insurers, while trimming the emissions causing global warming. This report focuses on the encouraging progress made by insurers to develop these new products and services. It identifies more than 190 concrete examples available, or soon-to-be-available, from dozens of insurance providers in 16 countries. In addition to benefiting insurers' core business and investment activities, these programs afford insurers the opportunity to differentiate their products from their competitors, while also enhancing their reputation with customers who are increasingly looking for all sectors of the industry to come forward with effective responses to the threats caused by climate change. More than half of the products come from U.S. companies, covering such services as green building design, hurricane-resistant construction, carbon emissions trading and renewable energy.« less

DOE Office of Scientific and Technical Information (OSTI.GOV)

Greenberg, Raymond; Wright, Kyle A.; McCaw, Erica E.

The Global Threat Reduction Initiative (GTRI) reduces and protects vulnerable nuclear and radiological material located at civilian sites worldwide. Internationally, over 40 countries are cooperating with GTRI to enhance the security of these materials. The GTRI program has worked successfully with foreign countries to remove and protect nuclear and radioactive materials, including orphaned and disused high-activity sources. GTRI began cooperation with the Republic of Colombia in April 2004. This cooperation has been a resounding success by securing forty high-risk sites, consolidating disused/orphan sources at an interim secure national storage facility, and developing a comprehensive approach to security, training, and sustainability.more » In 2005 the Colombian Ministry of Mines and Energy requested the Department of Energy’s support in the construction of a new Central Storage Facility (CSF). In December 2005, the Ministry selected to construct this facility at the Institute of Geology and Mining (Ingeominas) site in Bogota. This site already served as Colombia’s national repository, where disused sources were housed in various buildings around the complex. The CSF project was placed under contract in May 2006, but environmental issues and public protests, which led to a class action lawsuit against the Colombian Government, forced the Ministry to quickly suspend activities, thereby placing the project in jeopardy. Despite these challenges, however, the Ministry of Mines and Energy worked closely with public and environmental authorities to resolve these issues, and continued to be a strong advocate of the GTRI program. In June 2008, the Ministry of Mines and Energy was granted the construction and environmental licenses. As a result, construction immediately resumed and the CSF was completed by December 2008. A commissioning ceremony was held for the new facility in January 2009, which was attended by representatives from the Department of Energy, U.S. Embassy, and the Ministry of Mines and Energy, including the Minister and Vice Minister.« less

Current Concepts in Sports-Related Concussion.

PubMed

Chatterjee, Dipal; Frumberg, David B; Mulchandani, Neil B; Eldib, Ahmed M; Xavier, Fred; Barbash, Scott E; Saha, Subrata; Urban, William P

2015-01-01

Traumatic brain injury, specifically concussion, is prevalent in contact sports. In the United States (US) each year, 170 million adults participate in physical recreational activities, and 38 million children and adolescents participate in organized sports. The Centers for Disease Control estimate that in this group ~1.6 to 3.8 million concussions occur annually. Recent class-action lawsuits in the US filed by professional athletes against their respective leagues allege negligence in protecting them from concussions, and this has contributed to the attention received in the popular media. In response, concussion-related publications have increased exponentially during the past several years. Recent studies have challenged earlier assumptions that the effects of concussion are transient. Stronger links between concussion and neurodegenerative processes such as Alzheimer's disease-like conditions, depression, and heightened risk for suicide are being elucidated. In this article, we explore the current knowledge on concussion, including pathophysiology, management, and long-term effects. We conclude that more evidence-based results regarding guidelines for diagnosis, treatment, and return to play (RTP) are needed and should be the focus of future investigations. Attributing the etiology of certain neurodegenerative conditions to a history of concussion has been suggested in the current literature, but additional quantitative data regarding the pathophysiology and causality are needed as well. Bioengineers can have an important role in measuring the dynamic forces encountered during head impacts and their effects on the brain. These results can be effective in designing better helmets as well as improved playing surfaces to reduce the impact of such injuries. At this time, we believe that groups of people with heightened risk for concussion should be followed closely during longer periods of time and compared to matched controls. Such long-term studies are urgently needed to develop appropriate guidelines for safety and protect our young and adult athletes in the future.

78 FR 52424 - Amendment of Class E Airspace; Dayton, TN, Establishment of Class E Airspace; Cleveland, TN, and...

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-23

... AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Class... in this document will be published subsequently in the Order. The Rule This amendment to Title 14... within a 7.4 mile radius at Cleveland Regional Jetport, with a segment extending from the 7.4-mile radius...

77 FR 73926 - Approval and Promulgation of State Implementation Plans; State of Wyoming; Regional Haze Rule...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-12

... Class I Areas Under 40 CFR 51.309 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule... (RHR) for the mandatory Class I areas under 40 CFR 51.309. EPA proposed that the January 12, 2011 and... RHR requirements for the mandatory Class I areas under 40 CFR 51.309. EPA taking final action to find...

Disability, disparate impact, and class actions.

PubMed

Stein, Michael Ashley; Waterstone, Michael E

2006-12-01

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act (ADA), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law. Moreover, the class action device has been virtually nonexistent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions in which individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA's potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts on challenging race- and sex-based discrimination. Future workplace policies should plan for "all jobs to include some physical activity" unrelated to job qualifications in order to "dissuade unhealthy people from coming to work at Wal-Mart."

San Francisco Bay Area Endangered Species Litigation: The Complaint

EPA Pesticide Factsheets

The Center for Biological Diversity filed a lawsuit in the United States District Court for the Northern District of California alleging that EPA failed to comply with the ESA related to 47 pesticides and 11 endangered or threatened species.

15 CFR 15.32 - Procedures for the handling of lawsuits against Department employees arising within the scope of...

Code of Federal Regulations, 2010 CFR

2010-01-01

...) for personal injury, loss of property or death, resulting from the Department employee's activities... Counsel, or his/her designee, may request that the Department of Justice provide legal representation for...

Universities That Litigate Patents

ERIC Educational Resources Information Center

Rooksby, Jacob H.

2012-01-01

American research universities frequently obtain and license patents to their faculty members' inventions. While university licensing is carefully tracked and thoroughly studied, little is known about university decisions to assertively litigate their patents through filing patent infringement lawsuits in federal court. Which universities…

76 FR 12731 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-08

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of New Mexico: WildEarth Guardians v. Jackson, No. 6:10-;cv- ;00877-MCA-RHS (D. NM). Plaintiff filed a deadline suit...

75 FR 67967 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2010-11-04

... lawsuit filed by WildEarth Guardians in the United States District Court for the District of Colorado: WildEarth Guardians v. Jackson, No. 10-cv-01218- REB-BNB (D. CO.). On May 26, 2010, Plaintiff filed a...

Learning from Action Evaluation of the Use of Multimedia Case Studies in Management Information Systems Courses

ERIC Educational Resources Information Center

Kawulich, Barbara B.

2011-01-01

This manuscript shares lessons learned from conducting an action evaluation of the use of multimedia case studies in Management Information Systems (MIS) courses. Three undergraduate MIS classes took part in the study. The purpose for using case studies in these classes was to teach students about the role of MIS in business. An action evaluation…

78 FR 48842 - Proposed Establishment of Class D Airspace; Mesquite, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-12

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to establish Class D airspace at Mesquite, TX. Establishment of an air traffic control tower at Mesquite Metro Airport [[Page 48843

Verb-based versus class-based accounts of actionality effects in children's comprehension of passives.

PubMed

Gordon, P; Chafetz, J

1990-09-01

Several studies have shown that children perform worse on tests of passive comprehension when the verb is non-actional than when it is actional. Most existing accounts focus on the semantic characteristics of the class of non-action verbs in explaining this difference. An alternative is a "verb-based" account in which passives are initially learned verb by verb, and children hear fewer non-actional passives in their language input. An analysis of the passives heard by Adam, Eve and Sarah (Brown, 1973) found more actional than non-actional passives, consistent with the verb-based account. In a second study, children tested for passive comprehension were re-tested a week later. The verb-based account predicts that children should show a consistent pattern of responses for individual verbs on test and re-test. Such consistency was found, with some inconsistency due to improvement over the re-test. Further analyses showed no effects of affectedness in explaining children's problems with passives. Finally, we discuss whether a mixed model containing both verb-based and class-based mechanisms is required to explain the actionality effects.

'Wrongful life' lawsuits for faulty genetic counselling: should the impaired newborn be entitled to sue?

PubMed Central

Shapira, A

1998-01-01

A "wrongful life" suit is based on the purported tortious liability of a genetic counsellor towards an infant with hereditary defects, with the latter asserting that he or she would not have been born at all if not for the counsellor's negligence. This negligence allegedly lies in the failure on the part of the defendant adequately to advice the parents or to conduct properly the relevant testing and thereby prevent the child's conception or birth (where unimpaired life was not possible). This paper will offer support for the thesis that it would be both feasible and desirable to endorse "wrongful life" compensation actions. The genetic counsellor owed a duty of due professional care to the impaired newborn who now claims that but for the counsellor's negligence, he or she would not have been born at all. The plaintiff's defective life (where healthy life was never an option) constitutes a compensable injury. A sufficient causal link may exist between the plaintiff's injury and the defendant's breach of duty of due professional care and an appropriate measure of damages can be allocated to the disabled newborn. Sanctioning a "wrongful life" cause of action does not necessarily entail abandoning valuable constraints with regard to abortion and euthanasia. Nor does it inevitably lead to an uncontrolled slide down a "slippery slope". PMID:9873975

Publication visibility of sensitive public health data: when scientists bury their results.

PubMed

Rier, David A

2004-10-01

What happens when the scientific tradition of openness clashes with potential societal risks? The work of American toxic-exposure epidemiologists can attract media coverage and lead the public to change health practices, initiate lawsuits, or take other steps a study's authors might consider unwarranted. This paper, reporting data from 61 semi-structured interviews with U.S. toxic-exposure epidemiologists, examines whether such possibilities shaped epidemiologists' selection of journals for potentially sensitive papers. Respondents manifested strong support for the norm of scientific openness, but a significant minority had or would/might, given the right circumstances, publish sensitive data in less visible journals, so as to prevent unwanted media or public attention. Often, even those advocating such limited "burial" upheld openness, claiming that less visible publication allowed them to avoid totally withholding the data from publication. However, 15% of the sample had or would, for the most sensitive types of data, withhold publication altogether. Rather than respondents explaining their actions in terms of an expected split between "pure science" and "social advocacy" models, even those publishing in the more visible journals often described their actions in terms of their "responsibility". Several practical limitations (particularly involving broader access to scientific literature via the Internet) of the strategy of burial are discussed, and some recommendations are offered for scientists, the media, and the public.

Special Ed Boondoggle.

ERIC Educational Resources Information Center

Haynes, Richard; Bernard, John; Johannesdottir, Gudrun

1999-01-01

The United States identifies a far larger percentage of students for special-education services than do other developed countries, including Israel, Canada, Germany, France, Britain, Japan, and Korea. Looming behind the U.S. figures are the possibility of lawsuits, mounting paperwork, student discipline problems, lower expectations for student…

Woman Professors Pressing to Close Salary Gap; Some Colleges Adjust Pay, Others Face Lawsuits.

ERIC Educational Resources Information Center

McMillen, Liz

1987-01-01

The institutions making efforts to study and change faculty salary disparities for men and women are finding that determining what constitutes a fair salary review and adjustment is difficult. Other institutions are resisting making changes. (MSE)

Comparative Negligence and Jury Behavior,

DTIC Science & Technology

1985-02-01

defendants included property owners of the accident site, governmental bodies responsible for street maintenance and safety, and manufacturers of auto ... products . In all, 38 percent of the plaintiffs named defendants who were not individuals in their lawsuit. Auto accidents occurred in a wide variety of

Tests, Abilities, Race, and Conflict.

ERIC Educational Resources Information Center

Elliott, Rogers

1988-01-01

Relationship between ability tests and race and issues of famous lawsuits concerning possible bias in intelligence tests are summarized. Reasons for the origins of ethnic and racial differences in general intellectual ability are considered. Prospects for the reduction of group differences and conflicts are discussed. (SLD)

The paper monster. Corporate compliance and the board.

PubMed

Hinrichsen, C A; Capobianco, C; Diamond, M

2001-02-01

Fraud and abuse lawsuits and settlements are getting bigger, and the DOJ shows no signs of letting up on its scrutiny of health care organizations. That's why a strong compliance program is your best defense, and it all starts with the board.

Negligence and Athletic Events.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

2001-01-01

Although athletic events generate their share of negligence lawsuits, the relatively small number, compared with other education areas, suggests that defenses (like assumption or risk and contributory negligence) have a better fit in athletics. Implications of newer litigation trends involving coaches' misconduct and interpretation of state…

Safety Management for Water Play Facilities.

ERIC Educational Resources Information Center

Thompson, Claude

1986-01-01

Modern aquatic facilities, which include wave pools, water slides, and shallow water activity play pools, have a greater potential for injuries and lawsuits than conventional swimming pools. This article outlines comprehensive safety management for such facilities, including potential accident identification and injury control planning. (MT)

76 FR 54463 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-01

... lawsuit filed by WildEarth Guardians and Sierra Club in the United States District Court for the Northern District of California: WildEarth Guardians et al. v. Jackson, No. 3:11-cv-00190-WHA (N.D. Cal.). On July 6...

40 CFR 7.85 - Recipients.

Code of Federal Regulations, 2011 CFR

2011-07-01

... description of any lawsuits pending against the recipient that allege discrimination which this part prohibits; (2) Racial/ethnic, national origin, age, sex and handicap data, or EPA Form 4700-4 information submitted with its application; (3) A log of discrimination complaints which identifies the complaint, the...

40 CFR 7.85 - Recipients.

Code of Federal Regulations, 2013 CFR

2013-07-01

... description of any lawsuits pending against the recipient that allege discrimination which this part prohibits; (2) Racial/ethnic, national origin, age, sex and handicap data, or EPA Form 4700-4 information submitted with its application; (3) A log of discrimination complaints which identifies the complaint, the...

40 CFR 7.85 - Recipients.

Code of Federal Regulations, 2012 CFR

2012-07-01

... description of any lawsuits pending against the recipient that allege discrimination which this part prohibits; (2) Racial/ethnic, national origin, age, sex and handicap data, or EPA Form 4700-4 information submitted with its application; (3) A log of discrimination complaints which identifies the complaint, the...

40 CFR 7.85 - Recipients.

Code of Federal Regulations, 2014 CFR

2014-07-01

... description of any lawsuits pending against the recipient that allege discrimination which this part prohibits; (2) Racial/ethnic, national origin, age, sex and handicap data, or EPA Form 4700-4 information submitted with its application; (3) A log of discrimination complaints which identifies the complaint, the...

The Curious National Security Pendulum: Openness and/or Censorship.

ERIC Educational Resources Information Center

Marwick, Christine M.

1979-01-01

Lawsuits illustrate the increasing concern over national security in regulating the security classification system, and government attitudes toward information have shifted from secrecy to openness to censorship. The Central Intelligence Agency's suppression of unclassified printed information is a case in point. (SW)

Fighting for Scholarships in Oklahoma.

ERIC Educational Resources Information Center

Roach, Ronald

1999-01-01

Fearing a federal court in Oklahoma might end a state-financed merit-scholarship program targeted by a discrimination lawsuit, black legislators passed a bill making the program race and gender neutral. State regents are criticized for failing to develop effective policy to remedy past discrimination. (MSE)

Census 2001: issues and perspectives.

PubMed

1998-01-01

This article discusses the Census of India for 2001 and gender issues such as the sex ratio, undercounts of girls, tribe and scheduled caste data, and the data users' conference. The April 1998 conference was attended by representatives of government planning and development departments, research institutions, and statisticians and researchers. Under consideration was a government Ministry of Welfare proposal to reintroduce, after a 60-year hiatus, data by scheduled caste and tribe. This issue is complicated by criteria that vary by state and includability. Quotas for backward classes in educational institutions, government jobs, and in decision-making bodies are the reason for designations by caste. Some groups are distressed because of lack of inclusion as backward classes. M.N. Srinivas strongly advises that counting by caste will create problems for enumerators and will result in lawsuits and violent disturbances. G. Shah argues that caste counts will not weaken the caste system nor expand their political power, but will intensify internal conflicts between the Dalit and Bahujan movements. One other issue is the reintroduction of the 1961 Household schedule which provides family composition by landholding size and household enterprise. Krishnaji advises that this data would help analyze sex ratio imbalances. In 1997, the Core Group examined gender equity issues and operational issues about increasing the scope without increasing costs. The Core Group recommended caste data at the district and sub-district level. Undercounting of the female work force is a continuing issue from the 1991 Census. Suggestions by the Core Group are indicated in brief.

[The analysis of the judicial practice of treating the civil lawsuits concerning the inadequate dental health service appeals launched by the patients in the Russian Federation during the period from 1993 to 2017].

PubMed

Andreeva, S N; Gusarov, A A; Fetisov, V A

2018-01-01

The objective of the present study was to elucidate the characteristic features and peculiarities in the dynamic of the civil legal proceedings concerning the quality of the stomatological aid to the population of the Russian Federation during the period from 1993 to 2017. We have undertaken the analysis of the official sources containing the court reports on the statements of claim launched by the patients. The study gave evidence of the currently well apparent sustained tendency toward the increase in the number of such civil lawsuits. The probabilities of legal proceedings in connection with the unfavourable outcomes of the dental treatment are roughly identical in all areas of the stomatological practice. The maximum number of the respective civil lawsuits arise from the claims of the patients against the dental surgeons employed by the healthcare settings designated as the limited liability companies. The majority of the statements of case coming from the patients contain the demanding financial claims for the compensation of the moral damage. It is concluded that the aforementioned tendencies in the strategy of the development of the stomatological aid for the population of the Russian Federation dictate the necessity of the priority development of the quality standards (including the clinical guidelines, protocols, etc.) designed to improve the medical assistance for the patients presenting with dental problems, the modernization of the validated methods for the evaluation of the effectiveness of the stomatological aid for the population, the implementation of the measures needed to introduce the mechanisms of professional liability insurance into the routine stomatological practice. These measures are believed to allow to meet the demand of the population of this country for the high-quality stomatological services.

16 CFR 1025.18 - Class actions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... PROCEEDINGS Pleadings, Form, Execution, Service of Documents § 1025.18 Class actions. (a) Prerequisites to a..., the extent and nature of any proceedings concerning the controversy already commenced against members... that the pleadings be amended to eliminate allegations concerning the representation of absent persons...

NIH study uncovers new mechanism of action for class of chemotherapy drugs

Cancer.gov

NIH researchers have discovered a significant new mechanism of action for a class of chemotherapy drugs known as poly (ADP-ribose) polymerase inhibitors, or PARP inhibitors. They have also identified differences in the toxic capabilities of three drugs in

Prioritizing Safety with Seat Belts: The Unanswered Question.

ERIC Educational Resources Information Center

Farrell, Elaine

1987-01-01

Reviews conflicting federal and state developments (including liability lawsuits) involving seat belt installation on school buses. The National Highway Traffic Safety Administration and the National Transportation Safety Board differ on this issue, and several states are considering seat belt legislation or crashworthiness studies. Hints are…

Attention Deficit Disorder and the Principal.

ERIC Educational Resources Information Center

Essex, Nathan L.; Schifani, John

1992-01-01

Until recently, children with Attention Deficit Disorder (ADD) were often placed in special education classrooms. The critical challenge for administrators is ensuring that ADD children are correctly identified and appropriately educated. To avoid lawsuits, principals must lead the development of appropriate policies, procedures, and strategies to…

Preparticipation Cardiovascular Screening. Toward a National Standard. Commentary.

ERIC Educational Resources Information Center

Herbert, David L.

1997-01-01

In the absence of national screening requirements, physicians have been vulnerable to lawsuits following sudden cardiac deaths in athletes. The American Heart Association recently recommended routine cardiovascular screening for athletes. The article suggests that it is time for mandatory, national standardized cardiovascular screening for…

Student Suicide: Could You Be Held Liable?

ERIC Educational Resources Information Center

Taylor, Kelley R.

2001-01-01

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

Equality under the Law

ERIC Educational Resources Information Center

Hamilton, Lemondra V.

2014-01-01

The purpose of this case study was to examine how Mississippi Valley State University (MVSU) implemented the negotiated ruling of the "Ayers" desegregation lawsuit and settlement to empower the institution and similarly situated historically black colleges and universities (HBCUs). The spoken and written words of three administrators of…

16 CFR 1115.7 - Relation to other provisions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 1115.7 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT SAFETY ACT REGULATIONS SUBSTANTIAL PRODUCT HAZARD REPORTS General Interpretation § 1115.7 Relation to other provisions. The reporting... CPSA. Section 37 requires a product manufacturer to report certain kinds of lawsuit information. It is...

How to Arm for Battle with Pressure Groups.

ERIC Educational Resources Information Center

School Administrator, 1992

1992-01-01

School leaders and policymakers are increasingly challenged by vocal, well-organized opponents to progressive practices, curricular approaches, and recommended textbooks used in school classrooms. Two superintendents disclose their strategies for managing lawsuits involving a Michigan school health program and an Ohio district's adoption of the…

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

PubMed

Evans, Barbara J

2013-12-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

PubMed Central

Evans, Barbara J.

2014-01-01

Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

78 FR 52714 - Proposed Amendment of Class E Airspace; Gainesville, TX

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-26

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace at Gainesville, TX. Decommissioning of the Gainesville radio... developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall...

7 CFR 1940.302 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-01-01

...) Emergency circumstance. One involving an immediate or imminent danger to public health or safety. (b...-354 1940-21, “Environmental Assessment of Class I Action,” (3) Environmental Assessment for Class II Actions (exhibit H of this subpart), and (4) Environmental Impact Statements (EIS). (c) Flood or flooding...

76 FR 42471 - Establishment of Class E Airspace; Brunswick, ME

Federal Register 2010, 2011, 2012, 2013, 2014

2011-07-19

... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2011-0116; Airspace Docket No. 11-ANE-1] Establishment of Class E Airspace; Brunswick, ME AGENCY: Federal Aviation Administration (FAA) DOT. ACTION: Final rule; correction. SUMMARY: This action corrects the...

Facial dog bite injuries in children: treatment and outcome assessment.

PubMed

Eppley, Barry L; Schleich, Arno Rene

2013-03-01

Dog bite injuries to a child's face are not an infrequent occurrence. They may require primary and revisional surgery. All result in permanent facial scars. This report describes the treatment and outcomes of dog bites of the face, scalp, and neck based on a case series of 107 children over a 10-year period.The average children's age was 5.9 years. In cases where the dog was identified (95%), it was known to the victim and their family. The events leading to the dog bite were categorized as provoked (77%) in the majority of the cases.The majority of wounds could be closed primarily without a significant risk of wound infection. Complex reconstructions were required in more severe cases. The majority of families (77%) opted for scar revision between 9 and 18 months after initial treatment to improve the aesthetic outcome.Lawsuit actions resulted in 39 of the cases making good documentation an essential part of treatment. Dogbite injuries to the face in children frequently require multiple scar revisions to obtain the best possible aesthetic outcome, and the family should be so counseled at the onset of treatment.

The malpractice liability crisis.

PubMed

Brenner, R James; Smith, John J

2004-01-01

Most medical malpractice cases are tried under the civil tort of negligence and are often triggered by adverse outcomes. These proceedings are aimed primarily at determining whether the conduct of a health care provider was reasonable. Such legal actions have mostly been subject to state jurisdiction. Increasingly, a number of factors are converging that are threatening the continued practice of medicine in some states and hence patients' access to care. These include higher amounts of monetary damages awarded to successful plaintiffs, consequent rising malpractice premiums, and the threatened economic insolvency of medical liability insurance carriers as a result of the broader economic downturn. The result is a serious public health dilemma. The national scope of the problem has been considered a crisis, which has prompted unprecedented federal legislative proposals directed toward providing new and preemptive parameters for capitated noneconomic damages, restrictions on certain civil procedures affecting lawsuit outcomes, and methods for attorney compensation, which some states have either not previously addressed or found unconstitutional. A survey of different states' problems and common issues should assist the reader in understanding the nature of the crisis and proposed solutions.

Voluntary climate change mitigation actions of young adults: a classification of mitigators through latent class analysis.

PubMed

Korkala, Essi A E; Hugg, Timo T; Jaakkola, Jouni J K

2014-01-01

Encouraging individuals to take action is important for the overall success of climate change mitigation. Campaigns promoting climate change mitigation could address particular groups of the population on the basis of what kind of mitigation actions the group is already taking. To increase the knowledge of such groups performing similar mitigation actions we conducted a population-based cross-sectional study in Finland. The study population comprised 1623 young adults who returned a self-administered questionnaire (response rate 64%). Our aims were to identify groups of people engaged in similar climate change mitigation actions and to study the gender differences in the grouping. We also determined if socio-demographic characteristics can predict group membership. We performed latent class analysis using 14 mitigation actions as manifest variables. Three classes were identified among men: the Inactive (26%), the Semi-active (63%) and the Active (11%) and two classes among women: the Semi-active (72%) and the Active (28%). The Active among both genders were likely to have mitigated climate change through several actions, such as recycling, using environmentally friendly products, preferring public transport, and conserving energy. The Semi-Active had most probably recycled and preferred public transport because of climate change. The Inactive, a class identified among men only, had very probably done nothing to mitigate climate change. Among males, being single or divorced predicted little involvement in climate change mitigation. Among females, those without tertiary degree and those with annual income €≥16801 were less involved in climate change mitigation. Our results illustrate to what extent young adults are engaged in climate change mitigation, which factors predict little involvement in mitigation and give insight to which segments of the public could be the audiences of targeted mitigation campaigns.

Voluntary Climate Change Mitigation Actions of Young Adults: A Classification of Mitigators through Latent Class Analysis

PubMed Central

Korkala, Essi A. E.; Hugg, Timo T.; Jaakkola, Jouni J. K.

2014-01-01

Encouraging individuals to take action is important for the overall success of climate change mitigation. Campaigns promoting climate change mitigation could address particular groups of the population on the basis of what kind of mitigation actions the group is already taking. To increase the knowledge of such groups performing similar mitigation actions we conducted a population-based cross-sectional study in Finland. The study population comprised 1623 young adults who returned a self-administered questionnaire (response rate 64%). Our aims were to identify groups of people engaged in similar climate change mitigation actions and to study the gender differences in the grouping. We also determined if socio-demographic characteristics can predict group membership. We performed latent class analysis using 14 mitigation actions as manifest variables. Three classes were identified among men: the Inactive (26%), the Semi-active (63%) and the Active (11%) and two classes among women: the Semi-active (72%) and the Active (28%). The Active among both genders were likely to have mitigated climate change through several actions, such as recycling, using environmentally friendly products, preferring public transport, and conserving energy. The Semi-Active had most probably recycled and preferred public transport because of climate change. The Inactive, a class identified among men only, had very probably done nothing to mitigate climate change. Among males, being single or divorced predicted little involvement in climate change mitigation. Among females, those without tertiary degree and those with annual income €≥16801 were less involved in climate change mitigation. Our results illustrate to what extent young adults are engaged in climate change mitigation, which factors predict little involvement in mitigation and give insight to which segments of the public could be the audiences of targeted mitigation campaigns. PMID:25054549

77 FR 21508 - Proposed Amendment of Class E Airspace; Tallahassee, FL

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-10

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E Airspace in the Tallahassee, FL area. Tallahassee Commercial Airport has... in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the...

78 FR 52718 - Proposed Revocation of Class E Airspace; Danville, IL

Federal Register 2010, 2011, 2012, 2013, 2014

2013-08-26

...: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to remove Class E airspace at Danville, IL. The FAA has determined that, because of... particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically...

7 CFR 3407.5 - Classes of action.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 7 Agriculture 15 2014-01-01 2014-01-01 false Classes of action. 3407.5 Section 3407.5 Agriculture Regulations of the Department of Agriculture (Continued) NATIONAL INSTITUTE OF FOOD AND AGRICULTURE... individual or cumulative effect on the quality of the human environment. These include those activities...

7 CFR 3407.5 - Classes of action.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 7 Agriculture 15 2012-01-01 2012-01-01 false Classes of action. 3407.5 Section 3407.5 Agriculture Regulations of the Department of Agriculture (Continued) NATIONAL INSTITUTE OF FOOD AND AGRICULTURE... individual or cumulative effect on the quality of the human environment. These include those activities...

7 CFR 3407.5 - Classes of action.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 7 Agriculture 15 2013-01-01 2013-01-01 false Classes of action. 3407.5 Section 3407.5 Agriculture Regulations of the Department of Agriculture (Continued) NATIONAL INSTITUTE OF FOOD AND AGRICULTURE... individual or cumulative effect on the quality of the human environment. These include those activities...

7 CFR 3407.5 - Classes of action.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 7 Agriculture 15 2011-01-01 2011-01-01 false Classes of action. 3407.5 Section 3407.5 Agriculture Regulations of the Department of Agriculture (Continued) NATIONAL INSTITUTE OF FOOD AND AGRICULTURE... significant individual or cumulative effect on the quality of the human environment. These include those...

75 FR 38753 - Proposed Revision of Class E Airspace; Tanana, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-07-06

... E Airspace; Tanana, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to revise Class E airspace at Tanana, AK. The..., Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation Administration, 222...

77 FR 24159 - Proposed Modification of Class E Airspace; Plentywood, MT

Federal Register 2010, 2011, 2012, 2013, 2014

2012-04-23

... action proposes to modify Class E airspace at Plentywood Sher-Wood Airport, Plentywood, MT. Controlled...) standard instrument approach procedures at Plentywood Sher-Wood Airport. The FAA is proposing this action... Sher-Wood Airport, Plentywood, MT. Controlled airspace is necessary to accommodate aircraft using RNAV...

Honoring Navy SEALs Petty Officer 2nd Class Matthew McCabe, Petty Officer 2nd Class Jonathan Keefe, and Petty Officer 1st Class Julio Huertas for their heroic actions in the capture of Ahmed Hashim Abed, the mastermind behind of one of the most notorious crimes against Americans in Iraq.

THOMAS, 111th Congress

Rep. Poe, Ted [R-TX-2

2009-12-16

House - 01/21/2010 Referred to the Subcommittee on Terrorism, Unconventional Threats and Capabilities. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

76 FR 67103 - Proposed Revision of Class D and Class E Airspace; Hawthorne, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-31

...-0610; Airspace Docket No. 11-AWP-10] Proposed Revision of Class D and Class E Airspace; Hawthorne, CA...: This action proposes to revise Class D and E airspace at Jack Northrop Field/Hawthorne Municipal... (14 CFR) Part 71 by revising Class D airspace and Class E airspace designated as an extension to Class...

Report: EPA Needs Policies and Procedures to Manage Public Pesticide Petitions in a Transparent and Efficient Manner

EPA Pesticide Factsheets

Report #16-P-0019, October 27, 2015. OPP’s lack of policies and procedures to manage public pesticide petitions in a transparent and efficient manner can result in unreasonable delay lawsuits costing the agency time and resources.

Hospital Suicides: Lawsuits and Standards.

ERIC Educational Resources Information Center

Litman, Robert E.

1982-01-01

Suggested that every hospital should have a suicide prevention committee which establishes written guidelines after surveying security areas and talking with staff and patients. Reasonable treatment requires that each patient be evaluated for suicide risk and that staff follow a treatment plan according to the hospital's own policies. (JAC)

25 CFR 517.7 - Confidential commercial information.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false Confidential commercial information. 517.7 Section 517.7 Indians NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR GENERAL PROVISIONS FREEDOM OF... shall also notify the requester that the requested records will be made available. (e) Notice of lawsuit...

Report: Public Release of Rumple Report on Preliminary Investigation of EPA Cleanup of Amphibole Asbestos in Libby, Montana

EPA Pesticide Factsheets

Report #09-N-0146, April 28, 2009. On April 21, 2009, Public Employees for Environmental Responsibility (PEER) filed a lawsuit against the Office of Inspector General (OIG) seeking the release of the “Rumple Report.”

Misplaced Blame?

ERIC Educational Resources Information Center

Taylor, Kelley R.

2010-01-01

This article discusses whether school officials or districts can be held liable for student suicides. Generally speaking, there are two legal theories that underlie suicide-related lawsuits: (1) negligence--a claim that the school failed to uphold a particular duty to the student and that such failure contributed to the student's death (legally…

The Americans with Disabilities Act in Higher Education: The Plight of Disabled Faculty.

ERIC Educational Resources Information Center

Abram, Suzanne

2003-01-01

Explores reasons why disability discrimination lawsuits by university professors usually fail. Reviews the Americans with Disabilities Act (ADA). Analyzes cases involving disabled professors who lost their cases and those who won them. Compares successful and unsuccessful ADA litigation. (Contains 86 references.) (PKP)

Documenting Employee Conduct

ERIC Educational Resources Information Center

Dalton, Jason

2009-01-01

One of the best ways for a child care program to lose an employment-related lawsuit is failure to document the performance of its employees. Documentation of an employee's performance can provide evidence of an employment-related decision such as discipline, promotion, or discharge. When properly implemented, documentation of employee performance…

Forensic Engineering Information Services.

ERIC Educational Resources Information Center

Fairbanks, Aline M.

1984-01-01

Summarizes historical development of product liability laws which allow an injured party to seek to recover damages for personal injury or loss of property allegedly resulting from defective product and reviews activities of Triodyne Inc. in gathering evidence to be used in product liability lawsuits. Sixteen references are cited. (EJS)

State School Finance Litigation: A Background Paper.

ERIC Educational Resources Information Center

Larson, Lisa

In October 1988, 48 suburban and greater Minnesota school districts, representing approximately 20 percent of the state's public elementary and secondary school students, filed a lawsuit claiming that Minnesota's school financing system violates the state's constitutional mandate for equality of educational opportunity. (A ruling in the case is…

12 CFR 510.5 - Release of unpublished OTS information.

Code of Federal Regulations, 2013 CFR

2013-01-01

... parties to lawsuits in which the OTS is not a party. (2) Unpublished OTS information includes records created or obtained in connection with the OTS's performance of its responsibilities, such as records... affiliates, and records compiled in connection with the OTS's enforcement responsibilities. Unpublished OTS...

12 CFR 510.5 - Release of unpublished OTS information.

Code of Federal Regulations, 2014 CFR

2014-01-01

... parties to lawsuits in which the OTS is not a party. (2) Unpublished OTS information includes records created or obtained in connection with the OTS's performance of its responsibilities, such as records... affiliates, and records compiled in connection with the OTS's enforcement responsibilities. Unpublished OTS...

Personal Malpractice Liability of Reference Librarians and Information Brokers.

ERIC Educational Resources Information Center

Gray, John A.

1988-01-01

Reviews common law contract and tort bases for malpractice liability and their applicability to reference librarians, special librarians, and information brokers. The discussion covers the legal bases for professional malpractice liability, the librarian-patron relationship, the likelihood of lawsuits, and the need for personal liability…

Navajo Legal Services and Friends of the Earth Sue Six Federal Agencies Over Alleged Careless Uranium Mining Policies.

ERIC Educational Resources Information Center

Barry, Tom

1979-01-01

The BIA (Bureau of Indian Affairs) and the USGS (United States Geological Survey) as well as other federal agencies are the target of a lawsuit wanting more information and consideration for the plaintiffs' unique lifestyle. (RTS)

Medical Liability in the Light of New Hungarian Civil Code

ERIC Educational Resources Information Center

Barzó, Tímea

2015-01-01

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since the change of regime. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades.

44 CFR 295.43 - Judicial review.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in the... of the date that appears on the Administrative Appeal decision. The court may only consider evidence...

44 CFR 295.43 - Judicial review.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in the... of the date that appears on the Administrative Appeal decision. The court may only consider evidence...

The Use of Psychodrama Action Techniques in a Race Relations Class

ERIC Educational Resources Information Center

Kranz, Peter L.; Ramirez, Sylvia Z.; Lund, Nick L.

2007-01-01

This article describes psychodrama action techniques that were effectively implemented in a university-level race relations course. Essential elements of these techniques included acting out and critical self-examination of the individual's personal beliefs. In a semi-structured class format in which uncensored spontaneity was stressed, students…

75 FR 34393 - Proposed Establishment of Class E Airspace; Port Clarence, AK

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-17

...: This action proposes to establish Class E airspace at Port Clarence Coast Guard Station (CGS), AK. The... approach procedure. This instrument approach development at the Port Clarence CGS Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations. DATES...

76 FR 72838 - Amendment of Class E Airspace; Luray, VA

Federal Register 2010, 2011, 2012, 2013, 2014

2011-11-28

... Instrument Flight Rules (IFR) operations within the National Airspace System. This action also makes a minor adjustment to the geographic coordinates of the airport. DATES: Effective 0901 UTC, February 9, 2012. The... geographic coordinates of the airport needed to be adjusted. This action makes that adjustment. Class E...

76 FR 1999 - Establishment of Class E Airspace; Panguitch, UT

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-12

... Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E... the safety and management of Instrument Flight Rules (IFR) operations at the airport. DATES: Effective... found merit in this comment, and will incorporate this change in the final rule. With the exception of...

76 FR 5306 - Proposed Amendment of Class E Airspace; Indianapolis Executive Airport, IN

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-31

... Airport, IN AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action proposes to amend Class E airspace for the Indianapolis Executive Airport... management of Instrument Flight Rules (IFR) operations at the airport. DATES: 0901 UTC. Comments must be...

A new attack on smoking using an old-time remedy.

PubMed Central

Moore, M C; Mikhail, C J

1996-01-01

This article first will explain the reasons behind and goals of state recoupment actions against the major cigarette manufacturers, their lobbying arm and trade association, and their public relations firms (collectively referred to as the "tobacco industry") for the recovery of Medicaid and other indigent care expenditures on smoking-related illnesses. These are, primarily, to relieve the heavy financial burden on state treasuries and to stop the tobacco industry from targeting children in advertising and promotions. To put this new legal approach in perspective, the article presents a brief historical background to the tobacco industry's litigation strategy: to wear down opponents through delay and intimidation, to cast doubt on science, and to wrongfully invoke the attorney-client privilege against disclosure of incriminating evidence. Next authors discuss the states' strategy: each filing one suit seeking equitable remedies under theories of restitution/unjust enrichment, indemnity, public nuisance, and injunctive relief to protect the interests of minors, instead of maintaining thousands of product liability claims on behalf of individual smokers. This will be followed by a critique of the industry's response to state actions: political attacks against attorneys general and trial lawyers and charges that the lawsuits would hurt business as well as a variety of legal challenges, including an imaginative but risky defense that if smoking indeed causes disease and attendant health care expenditures, then the tobacco industry ought to be given a credit against those expenditures for the taxes generated by its business and the "savings" which inure to the states from the premature deaths of smokers (the cost of geriatric care, for example). The article will wrap up by impressing on health officials and other readers what is at stake in these actions and what their success or failure will mean for the Medicaid program. PMID:8643810

A new attack on smoking using an old-time remedy.

PubMed

Moore, M C; Mikhail, C J

1996-01-01

This article first will explain the reasons behind and goals of state recoupment actions against the major cigarette manufacturers, their lobbying arm and trade association, and their public relations firms (collectively referred to as the "tobacco industry") for the recovery of Medicaid and other indigent care expenditures on smoking-related illnesses. These are, primarily, to relieve the heavy financial burden on state treasuries and to stop the tobacco industry from targeting children in advertising and promotions. To put this new legal approach in perspective, the article presents a brief historical background to the tobacco industry's litigation strategy: to wear down opponents through delay and intimidation, to cast doubt on science, and to wrongfully invoke the attorney-client privilege against disclosure of incriminating evidence. Next authors discuss the states' strategy: each filing one suit seeking equitable remedies under theories of restitution/unjust enrichment, indemnity, public nuisance, and injunctive relief to protect the interests of minors, instead of maintaining thousands of product liability claims on behalf of individual smokers. This will be followed by a critique of the industry's response to state actions: political attacks against attorneys general and trial lawyers and charges that the lawsuits would hurt business as well as a variety of legal challenges, including an imaginative but risky defense that if smoking indeed causes disease and attendant health care expenditures, then the tobacco industry ought to be given a credit against those expenditures for the taxes generated by its business and the "savings" which inure to the states from the premature deaths of smokers (the cost of geriatric care, for example). The article will wrap up by impressing on health officials and other readers what is at stake in these actions and what their success or failure will mean for the Medicaid program.

77 FR 64889 - Amendment of Class D and Class E Airspace; Hawthorne, CA

Federal Register 2010, 2011, 2012, 2013, 2014

2012-10-24

...-2012-1092; Airspace Docket No. 12-AWP-6] Amendment of Class D and Class E Airspace; Hawthorne, CA...: This action amends the airspace description for Class D and Class E airspace at Jack Northrop Field... the legal description of the existing Class D and E airspace at Jack Northrop Field/Hawthorne...

Strategic Arguments and Tactical Battles over Federal Information Policy.

ERIC Educational Resources Information Center

Sherwood, Diane E.

1990-01-01

Examines public agency attempts to disseminate information in ways that satisfy constituencies, Office of Management and Budget (OMB), and the private sector. The Securities and Exchange Commission's release of EDGAR, the Patent and Trademark Office's recent lawsuit, and Department of Defense problems with Fedlog are cited. Statements and policy…

Chemistry, Courtrooms, and Common Sense. Part I: Negligence and Duty.

ERIC Educational Resources Information Center

Gass, J. Ric

1990-01-01

Discussed are concepts involved in legal liability for laboratory accidents. The focus of this article is on negligence, duty, and responsibility issues. Highlighted are the basis of a lawsuit, negligent tort, duty and breech of duty, and cause and harm. Thirty-one cases are cited. (CW)

How Teachers Can Avoid Being Sued: Law and American Education.

ERIC Educational Resources Information Center

Greene, Jim

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

Your Introduction to Film-T.V. Copyright, Contracts and Other Law.

ERIC Educational Resources Information Center

Minus, Johnny; Hale, William Storm

This introductory-level book surveys all legal aspects of film and television production. In addition to central issues of copyright, lawsuits, dealing with lawyers, libel, insurance, taxes, union contracts and the Federal Communications Commission, important peripheral topics--such as raising money, buying equipment, distribution, pirate usage,…

Trends in Defamation Law: Let the Advisor Beware.

ERIC Educational Resources Information Center

King, Robert D.

1992-01-01

Although most lawsuits brought by students against a college are grounded on contract and due process theories, courts have been willing to consider students' defamation suits using tort theories. Recent changes in defamation law have engendered increased litigation and risk of liability for faculty and advisors. (Author/MSE)

A Multitude of Risks in Multimedia.

ERIC Educational Resources Information Center

Loving, Bill

Multimedia presentations offer educators and other communicators new avenues to reach audiences, but they combine a variety of legal hazards. Producers of multimedia can end up on the receiving end of lawsuits based on the many facets of copyright, privacy, and defamation law, as this guide illustrates. Copyright gives authors, composers,…

Selected Perspectives on Legal Problems of the Alternative Press.

ERIC Educational Resources Information Center

De Mott, John

The legal problems faced by publishers of alternative newspapers are often compounded by the limited availability of the funds they have either for legal defense or for initiating lawsuits. Although both the courts and journalism's professional associations theoretically support the position that the alternative press possesses rights identical to…

Can Money Undo the Past? A Canadian Example.

ERIC Educational Resources Information Center

Thomas, R. Murray

2003-01-01

In Canada, more than 9,000 lawsuits have been filed by American Indians and Inuits seeking reparations for the mistreatment Indigenous children suffered in residential schools operated by four religious groups and financed by the Canadian government. Although most suits allege "cultural damage" caused by schooling practices, little of…

RESEARCH FOR NUTRIENT SOLUTIONS ON CAPE COD SERIES

EPA Science Inventory

Excess nitrogen causes the quality of estuary waters to decrease and impacts the ability of people to use those waters. Because of a lawsuit, towns on Cape Cod are required to address the excess nitrogen that flows into the Cape’s estuaries. These towns are examining both t...

Battling Sexual Abuse

ERIC Educational Resources Information Center

Dessoff, Alan

2010-01-01

From costly lawsuits on behalf of victims to negative media coverage, districts can face potentially devastating consequences as a result of sexual abuse of their students by district employees. This article offers a few tips on how to battle sexual abuse particularly in school districts. The author stresses that by adopting strong policies that…

Trustees and Preventive Law.

ERIC Educational Resources Information Center

Weeks, Kent T.

1980-01-01

The need for college trustees and administrators to develop better procedures and management techniques to minimize potential liability to lawsuits is addressed. A trend for seeking judicial relief on campuses and suits filed against deans, trustees, and presidents, as well as the school, are noted. Trustees need to be informed about new…

28 CFR 104.22 - Filing for compensation.

Code of Federal Regulations, 2013 CFR

2013-07-01

... require that the claimant certify that he or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related airplane crashes of September 11, 2001, or for damages arising from or... limited to, the spouse, former spouses, children, other dependents, and parents), to the executor...

28 CFR 104.22 - Filing for compensation.

Code of Federal Regulations, 2012 CFR

2012-07-01

... require that the claimant certify that he or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related airplane crashes of September 11, 2001, or for damages arising from or... limited to, the spouse, former spouses, children, other dependents, and parents), to the executor...

28 CFR 104.22 - Filing for compensation.

Code of Federal Regulations, 2014 CFR

2014-07-01

... require that the claimant certify that he or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related airplane crashes of September 11, 2001, or for damages arising from or... limited to, the spouse, former spouses, children, other dependents, and parents), to the executor...

Legal Basics for Teachers. Fastback 235.

ERIC Educational Resources Information Center

Monks, Robert L.; Proulx, Ernest I.

This fastback presents some basic legal gidelines for teachers, which if observed will minimize the possibility of lawsuits resulting from incidents occurring in school settings. The following topics are covered: (1) basic legal terminology; (2) reporting child abuse; (3) self-defense; (4) possession and use of controlled substances; (5)…

Copyrights and the Educator.

ERIC Educational Resources Information Center

Simon, Eric J.; Saunders, Kurt M.

2000-01-01

Presents the legal definitions of copyright and copyright law. Answers questions such as, How does copyright apply to materials published on the Internet? and What might be done to reduce lawsuits? Explains the importance and necessity of using recent materials in life sciences curriculum. Provides a list of several popular publications and…

Shutting Out Child-Snatchers.

ERIC Educational Resources Information Center

Trotter, Andrew

1993-01-01

Parental kidnapping could lead to a lawsuit against the school or principal. After general building security, schools need to check on custody status, network with the courts, and convince both custodial and noncustodial parents that schools are on the children's side. A summary provides 14 steps to safeguard against parental kidnapping. (MLF)

77 FR 5574 - United States v. Grupo Bimbo, S.A.B. de C.V., et al.; Public Comment and Response on Proposed...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-02-03

.... Procedural History On October 21, 2011, the United States filed a civil antitrust lawsuit against Defendants... hypercritically, nor with a microscope, but with an artist's reducing glass''); see generally Microsoft, 56 F.3d...

The Law of Teacher Evaluation. Second Edition.

ERIC Educational Resources Information Center

Rossow, Lawrence F.; Tate, James O.

This monograph is a legal treatise covering all legal aspects of the evaluation of teachers. It looks at what can legally be evaluated, how the evaluation can become evidence for termination, and how to avoid and win lawsuits involving wrongful teacher dismissals. It is intended for practicing administrators, supervisors of instruction, teacher…

Unions Striking Back at Bills to Curb Labor

ERIC Educational Resources Information Center

Sawchuk, Stephen

2011-01-01

Besieged by state proposals to eviscerate collective bargaining, eliminate teacher tenure, and make it harder to collect dues, teachers' unions are fighting back. Lawsuits supported by local union affiliates have for now blocked anti-union legislation in Alabama and Wisconsin. E-mail "blasts," phone banks, and rallies are also among the…

3 CFR - Demonstration Grants for the Development, Implementation, and Evaluation of Alternatives to the...

Code of Federal Regulations, 2010 CFR

2010-01-01

..., Implementation, and Evaluation of Alternatives to the Current Medical Liability System Presidential Documents..., Implementation, and Evaluation of Alternatives to the Current Medical Liability System Memorandum for the... report that fear of lawsuits leads them to practice defensive medicine, which may contribute to higher...

HIV-Positive Athletes. When Medicine Meets the Law.

ERIC Educational Resources Information Center

Mitten, Matthew, J.

1994-01-01

Though the risk of HIV transmission in sports is slight, physicians who treat active patients can encounter weighty legal issues. Mandatory testing, exclusion of HIV-positive athletes, and breaching of patient confidentiality can lead to lawsuits. Knowing the possible consequences can help physicians in setting effective, legal prevention…

What "Intelligent Design"ers Are Really Designing

ERIC Educational Resources Information Center

Boston, Rob

2005-01-01

In this article, the author features the lawsuit, which Americans United filed jointly with the American Civil Liberties Union of Pennsylvania asserting that the Dover School Board has violated the constitutional separation of church and state. He traces that the controversy stems from Tammy J. Kitzmiller's and other concerned parents' strong…

What Every School Should Know about Intellectual Property

ERIC Educational Resources Information Center

Stroder, Rebecca S.

2006-01-01

Most institutions aren't aware of their valuable intellectual property, and some believe they have intellectual property when they don't, which can lead to expensive lawsuits or licensing fees. "Intellectual property" generally consists of copyrights, trademarks, and patents. Most familiar is copyright, the statutory protection mechanism for…

Liability Insurance in California Public Schools.

ERIC Educational Resources Information Center

California State Dept. of Education, Sacramento.

In the mid-1970s, an increased number of high-cost liability lawsuits combined with other financial difficulties insurance companies were experiencing to cause drastic increases in insurance rates for schools and a reluctance on the part of insurance carriers to provide liability coverage. Questionnaires returned by county and district school…

Untangling Legal Issues that Affect Teachers and Student Teachers

ERIC Educational Resources Information Center

Bain, Christina

2009-01-01

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

32 CFR 516.21 - Litigation against government contractors.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation against government contractors. 516.21 Section 516.21 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... lawsuit requests representation by DOJ, the Army presumes the contractor will obtain private counsel to...

The Relationship of Rurality and Education Accountability Outcomes.

ERIC Educational Resources Information Center

Peevely, Gary; Ray, John R.

This paper examines accountability outcomes of Tennessee school districts, comparing rural versus urban districts and litigant versus nonlitigant districts from a 1993 fiscal equity lawsuit. School districts were assigned a measure of rurality using the Cleland Rurality Index, and comparisons were made among the 29 low-rurality districts, 66…

Diversity Training. Trends and Issues Alerts.

ERIC Educational Resources Information Center

Kerka, Sandra

According to surveys of companies employing more than 100 workers, the number of companies with diversity training (DT) programs increased from 40% in 1992 to 50-56% in 1996. Motivations behind DT include compliance with legal mandates, fear of lawsuits, social justice, desire to expand into diverse markets, and overall organizational…

Law Enforcement: A Critique From The Inside

ERIC Educational Resources Information Center

Sandoval, Joseph G.

1977-01-01

There are numerous opportunities for the Spanish surnamed in careers within criminal justice. The fact that lawsuits have opened doors, that Chicano power activists have demanded representation, and that a large segment of clients in criminal justice are Spanish surnamed certainly means an area wide open for entry. (Author)

19 CFR 177.31 - Reexamination of final determinations.

Code of Federal Regulations, 2010 CFR

2010-04-01

...; DEPARTMENT OF THE TREASURY (CONTINUED) ADMINISTRATIVE RULINGS Government Procurement; Country-of-Origin... final determination was the subject of a contested lawsuit timely filed in the Court of International Trade under 28 U.S.C. 1581(e) or, (b) the merchandise at issue in the initial final determination was...

76 FR 34982 - Proposed Consent Decree, Clean Air Act Citizen Suit

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-15

... of a proposed consent decree to address a lawsuit filed by WildEarth Guardians and Elizabeth Crowe in the United States District Court for the Northern District of California: WildEarth Guardians and...Earth Guardians and Elizabeth Crowe, and Respondent, the U.S. Environmental Protection Agency (EPA...